2001 09 24 AGENDA
CHANHASSEN CITY COUNCIL
MONDAY, SEPTEMBER 24, 2001
CHANHASSEN MUNICIPAL BUHfl)ING, 690 CITY CENTER DRIVE
P.M. - CITY COUNCIL WORK SF_~SION, COURTYARD CONFERENCE ROOM
A.
5:30 p.m. - Community Survey Results, Bill Morris, Decision Resources
6:30 pan.- EDA S~
7:00 P.M. - REG~ MEETING, CITY COUNCIL CHA_MB~
CALL TO ORDER (Pledge of Aneglance)
PUBLIC ANNOUNCEMENTS
CONSENT AGENDA
All items listed under the Consent Agenda are eonsi~ to be routine by the city council and
will be considered as one motion. There will be no separate discussion Of.these items. If
discussion is desired, that item will be removed from the Consent Agenda and considered
separately. City council action is based on the staff recommend_s,_'on for each item. Refer to the
council packet for each staff.report. ..
Approve Consultant Work Order and Authorize Preparation of Feasibility Study
for 2002 Residential Street Improvement Project 01-10.
b,
Approve Consultant Work Order and Authorize Preparation of Feasibility Study
for Lift Station #10 Improvements, Project 01-11.
cl.
Approve Variance Requests for Sump Pump Ordinance, Project 96-21.
Approve Change Order No. 1 to Century Boulevard Street & Utility
Improvements Project 9% 1c.
e.
Approve Contract for Sewer Televising.
Approve Conditional Use Permit Request for Development with the Bluff Cr~k
Overlay District and Variances to Allow Construction of a 1,640 sq. ft.
GaragedPole Barn; 9201 Audubon Road, Eric Theship-Rosales.
Approve Interim Use Permit and Conditional Use Permit to Grade Property in the
Bluff Creek Overlay District within Arboretum Business Park; Localed in the
Southeast Quadrant of TH 41 and TH 5, Steiner Development.
h. Approve Settlement Agreement, Frank Fox Property.
i. Item Deleted
j. Approval of Billg.
Approval of Minutes:
- City Council Work Session bfmutes dst_,xl Septe~ 10, 2001
- City Council Minutes dated September 10, 2001
Receive Commission Minutes:
- Planning Commission Minutes dated August 21, 2001
- Planning Commission Minutes dated September 4, 2001
- Park & Recreation Commission lVrlnutes dated July 24, 2001
Approve Amendment to Development contract for Powers Ridge Apamnent
Homes, Project 00-04.
VISITOR PRESENTATIONS
LAW ENFORCEMENT UPDATE
2. a. John Wolff, Fire Chief
PUBLIC I~.~C~ - None
(Note:
Sgt. Potts will not be present this evening)
AWARD OF BIDS
3. Award Contract for Quinn Road Sewer Project.
e
m
Discussion of Issue Paber - Housing Maintenance Code and Rental Housing Licensing.
Consider Amendment to City Code Chapter 20, Including the Site Plan Review, PUD,
and Highway 5 Overlay Sections; Regarding Use of Materials and Deign (Design
Standards). :'
NEW BUSINK.qs
.
Consider Request for a Conditional Use Permit for a Drive-Thru Window and Site Plan
Review for a 4,768 sq. ft. Culver's Restaurant; 450 Pond Pwmenade, Lot 1, Block 1,
Villages on the Ponds 2~d Addition; Wayne Riser & Associates.
COUNCIL PRESENTATIONS
7. Council/Commission Liaison Update
ADMINISTRATIVE PRKSENTATIONS
,
Update on TH 5 Road Cons~on Regarding Entranc~ to the Lan~ Arboretum
and Crimson Bay Neighborhood
CORRESPONDENCE DISCUSSION
A copy of the staff report and supporting documentation being sent to the city council will be
available after 2:00 p.m. on Thursday. Please contact city hall at 937-1900 to verify that your
item has not been deleted from the agenda any time after 2:00 p.m. on They.
The following item was published and then deleted from the agenda:
li.
Accept Pubhc Utility Improvements in the Villages on the Ponds 6th Addition,
Project 99-19.
GUIDBLIN. BS FOR VISITOR PRF. S~A~ON$
.
every regular City Council meeti.~ during Vidtor Pr~~~.
When called utx)n to speak, state your name, address, and topic. All remarks shall be addressed w the C/ty
Council as a whole, not to any specific member(s) or to any person who is not a member of the City
Council.
2. If there are a number of individuals present to. speak on the same topic, please designate a spokesperson that
can summarize the issue.
3. Limit your comments m five minmes. Additional time may be grained at the discretion of the Mayor. If
you have written conunents, provide a copy to the Cotmci.1.
.
of your concern, sugge~on or request
Please be aware that d/srespectful comments or comnmm of a pa, sonal nature, direcmi at an individual
either by name or infereace, will not be allowed. Personnel concerns should be directed to the City
Manager.
O1 M0N 09:54 FAT 612 920 1009 DECISION I~ESOT.1RCSS
DECISION RESOURCES, LTD.
3128 Dean Court
Minneapolis, Minnesota 55416
1~00~/025
2001 CITY OF CHANHASSEN
Residential Survey
FINAL May 2001
Hello, I'm of Decision Resources, Ltd., a polling firm
located in M{~neapolis. We've been retained by t_he City of
Ch.~_hassen to speak with a random sample of residents about issues
facing the city. The survey is being taken because your city
representatives and staff are interested in your opinions -~
suggestions. I want to assure you that all individual responses
will be held strictly confidential; only s~mm-vies of the entire
sample will be reported. (DO NOT PAUSE)
A
·
·
ADDroxi~ately how many years have LESS THAN ONE YEAR ..... 3%
you lived in t, he City of Chart- ONE OR TWO YEARS ...... 11%
hassen? THREE TO FiVE YEARS...19%
SIX TO TEN YEARS ...... 25%
ELEVEN - TWENTY YRS...26%
OVER TWENTY YEARS ..... 17%
DON ' T KNOW/REFUSED ..... 0%
Thinking back to when you moved to Chanhassen~ what factors
were most import-hr to you in selecting the city?
NO ANSWER,.2%; ALWAYS H~R~, 4%; LOCATION, 21%; HOUSING,
23%; RURAL - OPeN SPACE, 11%; SCHOOLS, 7%; JOB NEARBY,
10%; FAMILY NEARBY, 5%; NEIGHBORHOOD, 3~; SM~?.r. TOWN
F~LING,
3. Where did you live prior tO moving to Chanhassen?
ALWAYS HERE, 4%; EDEN PRAIRIE, 15%; BLOC~F/NGTON, 6%;
MINNETONKA, 10%; ST. LOUIS PARK - HOPKINS, 8%; REST OF
~PIN COUNTY, 16%; CHASKA, 3%; MINNEAPOLIS, 8%;
REST OF N~TRO AREA, 10%; RURAL MINNESOTA, 5%; OUT OF
STATE, 16%.
How would you rate the quality of' EXCELLENT ............. 44%
life in Ch~hassen -- excellent, ~OOD .................. 49%
good, only fair, or Door? ONLY FAIR .............. 5%
POOR ................... 1%
DON'T KNOW/REFUSED ..... 1%
5. What do you like most about livin~ in the City of Chanhas-
sen?
NO ANSWER, 4%; LOCATION, 23%; OPE2~T SPACE, 12%; SCHOOLS,
3%; PARKS, 9%; PEACEFUL, 6%; NICE PEOPLE, 6%; SMALL TOWN
FEEL, 12%; C4DOD COMMUNITY, 9%;' NEIGHBORHOOD- HOUSING, 8%;
DOWNTOWN, 6%; SCATTERED, 2%,
07/23/2001 M0N 09:54 FAX 612 920 1069 DECISION I~SOURCSS ~003/0
6. And, what do you like least about it?
·
~
10.
11.
12.
NO ANSWER, 7%; NOTHINg, 7%; HIGH TAXES, 32%; GROWTH, 10%;
ROADS, 6%; TRAFFIC, 8%; LACK OF AFFORDABLE F~DUSIN~, 4%;
NO RESTAURANTS, 3%; CITY S~VICES, 6%; CITY COUNCIL, 8%;
LOCATTON, 4%; SCATTERED, 5%.
What do you think is the most serious issue facing the City
of Cb~hasse_~ toclay?
NO ANSWER, 9%; NOTHIN~, ~%; HIGH TAXES, 26%; GROWTh, 19%:
SCHOOLS, 3%; ROADS, 7%; TRAFPIC, 3%; NO AFFORDABLE
HOUSING, 5%; NO RESTAURANTS, 2%; CITY FINANCIAL PROBLEMS,
8%; CITY COUNCIL, 14%; SCATTERED, 2%.
IF A RESPONSE IS GIVEN, ASK:
8. Why do you feel that way? [n-351]
NEED AFFORDABLE HOUSING, 5%; TAXES TOO HIGH, 29%;
POOR CITY PLANNING, 17%; TOO MUCH GROWTH, 16%; NEED
BUSINESSES, 4%; CROWDED SCHOOLS, 3%; . TOO MUCH
TRAFFIC, 13%; USE OF TIF, 8%; SCATTEP~D, 4%.
When you ~hink of Chanhassen, do
you see it as a small town or a
suburban communi ty?
SMALL TOWN ............ 20%
SUB~ COMMIINITY .... 71%
BOT~ (VOL) .' ........... 10%
N~ ITHER (VOL) .......... 0%
DON'T KNOW/P, EFUSED ..... 0%
Which of the these two statements STATEMENT A ........... 69%
comes closer to your feelings: STATEMENT B ........... 29%
(A) I call Chanhassen 'home." BOTH (VOL) ............. 2%
(B) Chanhassen is just a place to NEITHER (VOL) .......... 1%
live; I'd be Just as happy else- DON'T KNOW/REFUSED ..... 0%
where.
How would you rate the general EXCELLENT ............. 21%
sense of community among Chanhas- GOOD .................. 54%
sen residents -- excellent, good, ONLY FAIR ............. 20%
only fair, or poor? POOR ................... ~%
DON'T KNOW/REFUSED ..... 2%
In your opinion, should the City YES ................... 24%
of Chanhassen spend tax dollars NO .................... 70%
to promote a better sense of com- DON'T KNOW/REFUSED ..... 6%
munity among residenns?
IF "YES," ASK:
~7/23/2001 M0N 09:54 FAX 812 920 1069 DECISION RBSOURCSS
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13. What actions would you recommend?
NO ANSWER, 20%; MORE COMMUNITY EVENTS, 38%;
NEIG~IBORHOOD EVENTS, 7 %; COMMUNITY CENTER, 21%;
IMPROVE COMMUNICATIONS, 5%; SCATTEB~, 10%.
On another topic .......
14.
How safe would you feel walking
alone in your neighborhood after
dark -- very safe, reasonably
safe, somewhat safe, or very=n-
safe?
VERY SAFE .............. 63%
REASONABLY SAFE ....... 29%
SOMEWHAT SAFE .......... 6%
VERY UNSAFE ............ 2%
DON~TKNOW/REFUSED ..... 0%
15.
Are there any areas in the City of Chau_hassen-where you
would be afraid to walk alone at night? (IF 'YES,* ASK:)
Where would they be?
NO ANSWER, 5%; NONE, 79%; EVER~, 2%; DOWNTOWN, 3%;
PARKS - LAKES, 7%; UNLIT ST~RRTS, 3%.
16.
During the past three months, were YES .................... 4%
you or ~yone in your household NO .................... 96%
the victim of crime in Chanhassen? DON'T KNOW/REFUSED ..... 0%
17.
Have you participated in a neigh- YES ................... 37%
borhood block party in the last NO .................... 63%
year? DON'T KNOW/REFUSED ..... 0%
As you may know, property tax revenues are divided among the'City
of Chanhassen, Carver County,'and your local public school dis-
trict.
18.
For each dollar of the property
taxes you pay, about what per-
centare do you ~hink goes to
city government? (P~%D %1-#6)
TEN PERC~;T OR LESS .... 9%
10.1 TO 19.9 PERCENT..28%
20 TO 29.9 PERCENT .... 22%
30 TO 39.9 PERCENT .... 10%
40 TO 49.9 PERCENT ..... 2%
50 PERCENT OR MDRE ..... 4%
DON' T KNOW/REFUSED .... 26%
The actual percentage of your property taxes going to the City of
Cb~h~ssen is about twenty percent.
I would like to read you a list of a few city services. For each
one, please tell me whether you ~ould rate the quality of the
service as excellent, good, only fair, or poor?
EXCL C~OOD FAIR POOR D.K.
19. Police protection? 25% 56% 9% 3% 7%
20. Fire protection? 35% 49% 0% 0% 16%
21. Emer~encymedical services? 27% 42% ~% 0% 26%
22. Sanitary sewer service? 19% 65% 5% 3% 9%
07/23/2001 M0N 09:54 F~ 612 920 1069 DBCISION RESOURCBS ~005/0
EXCL GOOD FAIR POOR D.K.
23. Accommodation and control of
storm water run-off? 14% 61% 8% 5% 12%
24. Animal control? 15% 62% 7% 5% 12%
25. Park maintenance? 32% 60% 2% 1% 5%
26. Condition of trails? 29% 58% 2% 2% 10%
27. Recreational programs? 21% 51% 5% 1% 23%
28. Street lighting? 9% 67% 15% 7%. 2%
29. Issu=nce of building permits? 5% 41% 10% 8% 37%
30. Building inspection? 7% 44% 8% 7% 34%
31. Property maintenance enforce-
ment? 6% 52% 7% 2% 33%
IF "ONLY FAIR" OR "POOR" ON ANY OF ABOVE CITY SERVICES, ASK:
32. Why do you feel that way? [n=243]
POOR INSPECTION, 10%; MORE STREET LIGHTS NEEDED, 20%;
FLOODING, 9%; LOOSE ANIMALS, 10%; POOR POLICE SERVICE,
14%; NO CODE ENFORCEMENT, 7%; DIRTY, 5%; TOO MUCH RED
TAPE, 13%; WATER TASTE, 3%; TOO MANY PERMITS ISSUED,
3%; SCATTERED, 6%.
Roadways in the City of Chanhassen consist of both city streets,
county roads, state h±~hways, and one U.S. Highway. County roads
in the'city include Lyman Boulevard, Galpin Boulevard, Powers
Boulevard, and Pioneer Trail. State Highways in the city include
~ighway ~1, or'Hazeltine Boulevard, Highway 101, or Great Plains
Boulevard, Highway 5, or Arboretum'Boulevard, and Highway 7. The
U.S. Highway is Flying Cloud Drive or Highway 212. In-the follow-
ing questions, please consider only city streets and none of
these county, state, or U.S. highways. _
Again, please tell me whether you would rate the quality of the
following services as excellent, good, only fair, or Door?
EXCL GOOD FAIR POOR D.K.
33. Pavement repair and patching
on city streets? 11% 63% 18% 6% 2%
34. Snowplowing of city streets? 30% 54% 11% 3% 2%
Changing topics ....
35. Would you favor or oppose an in- FAVOR ................. 42%
crease in YOUR city property tax OPPOSE ................ 51%
if it were needed to maintain city DON'T KNOW/REFUSED ..... 7%
services at their current level?
IF "0PP0sE," ASK:
)7/23/2001 M0N 09:$$ FAX 612 920 1069 DECISION I;LESOURCSS
~006/026
36. What sex~ice~ would you be willin&3 to see cut to kee~
property taxes at their current level? [n=203]
NO ANSWER, 34%; NONE, 21%; PARK AND REC, 22%;
STREET MAINTENANCE, 6%; ADMI~ST~TION, 6%; CUT
ACROSS BOARD, 3%; SCATTERED, 8%.
37.
Would you favor or oppose a reduc- FAVOR ................. 30%
tion in city services if your city OPPOSE ................ 58%
property taxes could be reduced? DON'T KNOW/P, EFUSED .... 12%
IF "FAVOR," ASK:
38. What services would you be willing to see cut to reduce
your property taxes? [n=118]
NO ANSWER, 35%; NONE, 9%; PARK AND REC, 27%;
STREET MAINTENANCE, 9%; AI]MINISTRATION, 6%; CUT
ACROSS BOARD, 4%; SCHOOLS, 3%; SCATTF~n, 8%.
I would like to read you a short list of city service additions
or expansions. In each case, t/re chan~e would require a moderate
pro~erty tax increase to fund it. Please tell me if you would
stronxjly support a property tax increase for. that Purpose, some-
what support, somewhat oppose, or strongly oppose a property tax
increase for that purpose. If you have no opinion, Just say
so ....
STS SMS SMO STO DKR
40.
41.
42.
43.
39. More rigorous enforcement of city
pet ordinances, on violations
such as off-leash dogs?
More aggressive control of wild
geese ~d deer?
Better enforcement of sidewalk
snow removal codes?
Expansion of city-sponsored
senior activities?
Enhancement of city-sponsored
community events, such as Fourth
of July or Arbor Day?
9% 13% 27% 47% 4%
6% 13% 26% 50%
8% 18% 27% 38% 10%
10% 35% 17% 26% 12%
13% 31% 18% 35% 4%
44.
DO yOu consider city property
~axes in Chanhassen ~o be very
high, somewhat high, about aver-
age, somewhat low, or very low?
VERY HIGH ............. 59%
SOMEWHAT HIGH ......... 28%
ABOUT AVERAGE ......... 10%
SOMEWHAT LOW ........... 0%
VERY LOW ...............
DON'T KNOW/REFUSED ..... 2%
07/23/2001 H0N 09:$$ FAX 612 920 1069 DECISION RESOURCES ~007/(
45.
when you consider the property
taxes you pay and the quality
of city services you receive,
would you rate the general value
of city services as excellent,
good, only fair, or poor?
EXCELLEN~ .............. 9 %
GOOD. ................. 52%
ONLY FAIR ............. 31%
POOR ................... 5 %
DON' T KNOW/P. EFUSED ..... 3%
For your information, the City of ChaD_hassen's portion of the
average property tax rate for 2000 ranked 30th out of 109 Metro-
politan Area cities.
46.
Other'than voting, do you feel YES ................... 56%
that if you wanted to, you could NO .................... 40%
have a say about .the way the City-DON'T KNOW/REFUSED ..... 4%
of Chanhassen runs things?
47.
How much do you feel you know
about the work of the Mayor and
City Council -- a great deal, a
fair amount, or very little?
GRP~AT DEAL ............. 8%
FAIR AMOUNT ........... 45 %
VERY LITTLE ........... 47%
DON' T KNOW/REFUSED ..... 1%
48.
From what you know, do you approve
or disapprove of the Job perform-
ance of the ~ayor and City Coun-
cil? (WAIT FOR RESPONSE) And do
you feel strongly that way?
STRONGLY APPROVE ....... 6%
APPROVE ............... 30%
DISAPPROVE ............ 14%
STRONGLY DISAPPROVE...12%
DON'T KNOW/REFUSED .... 37%
IF OPINION STATED IN QUESTION 948, ASK:
49. Why do you feel that way?
[n-245]
NO ANSWER, 5%; GOOD JOB, 24%; NO PROBLEMS, 14%~
POOR JOB, 11%; DO NOT LISTEN, 2%; ISSUES, 17%;
HEARSAY, 5%; COULD IMPROVE, 5%; ALWAYS FIGHTING,
14%; SCATTERED, 3%.
50.
Prior to this survey were you
aware that four of the five
City Council members were newly
elected to their positions last
November?
YES ................... 80%
NO .................... 20%
DON' T KNOW/REFUSED ..... 0%
51.
How much first-hand contact have
you had with the Chanhassen City
Staff -- quite a lot, some, very
little, or none at all?
QUITE A LOT ............ 6%
SOME .................. 23%
VERY LITTLE ........... 37%
NONE AT ALL ........... 33%
DON'T KNOW/REFUSED ..... 2%
52.
From what you know, how would you
rate the Job performance of the
Charzhassen City Staff -- excel-
lent, good, only fair, or Door?
EXCELLENT .............. 8%
GOOD .................. 42%
ONLY FAIR ............. 16%
POOR ...................
DON'T KNOW/REFUSED .... 33%
07/23/2001 MON 09:55 FAX 612 920 1069 DECISION RESOURCES
~008/025
IF RATIN-~ IS G~ IN QUESTION ~52, A~K~
53. Why did you rate city staff as
? [n=269]
NO ANSWER, 8%; ~OOD JOB, 48%; NO PROBLEMS, 11%;
THEY LISTEN, 2%; POOR JOB, 10%; DO NOT LISTEN, 2%;
ISSUES, 3%; HEARSAY, 6%; COULD IMPROVE, 9%,
Moving on ....
At present, the City spreads a mixture of sand ~d salt on icy
roads, Some residents think the amount of sand spread on roads is
excessive. Others are concerned about the cost of sweeping up
the sand in the spring to keep it from.washing into wetlands,
streams, and lakes. When properly applied, salt seems to be more
environmentally friendly than a mixture. However, increasin~ the
amount of salt and decreasin&3 the amount of sand used on icy
roads could hasten the corrosion of vehicles.
54.
How supportive would you be of VF=R¥ SUPPORTIVE ........ 7%
switching to using 100 percent SOMEWHAT SUPPORTIVE...22%
salt on icy roads -- very sup- NOT TOO SUPPORTIVE .... 26%
portive, somewhat su~Dortive, NOT AT ALL SUPPORTIVE,39%
not too supportive, or not at all DON'T KNOW/R~FUSED ..... 7%
supportive?
IF "VERY SUPPORTIVE" OR "SOMEWHAT SUPPORTIVE," ASK;
55.
If the cost were to increase YES ................... 31%
by about one-third, would you NO ................ J...58%
still favor using 100 percent DON'T KNOW/REFUSED..l.11%
salt rather than a mixture of
sand ann salt? [n=112]
The City of Chanhassen contracts with the Carver County Sheriff's
Department for policing services in the community.
56.
During the past twelve months have YES ................... 37%
you had -~y contact with t_he Car- NO ........ ~ ........... 63%
vet County Sheriff's DeDartmenn? DON'T KNOW/REFUS~ ..... 0%
IF "YES,
57.
Overall, how would you rate
the contact with the Carver
County Sheriff's Department
-- excellent, good, only
fair, or Door? [n=1~6]
EXCELLENT ............. 52%
~OOD ................... 34%
ONLY FAIR .............. 5%
POOR .................... 7%
DON'T KNOW/REFUSED ..... 1%
The City of Chsnhassen offers a curbside recycling program.
Anyone who moves to the community receives a free recycling
container and is asked to place recyclable items in the container
and leave it at the curb for collection.
07/23/2001 M0N 09:$6 FAX 612 920 1069 DECISION RRSOURCRS ~009/0
58.
Do you participate in the curb-
side recycling program by separ-
ating recyclable items from the
rest of your garbage?
YES ................... 87%
NO .................... 13%
DON' T KNOW/REFUSED ..... 0%
59.
Are there any changes or improvements in the curbside recy-
cling program which could be made to better meet =he needs
of'your household? (IF "YES," ASK:) What are they?
NO ANSWER, 5%; NONE, 67%; BETTER COMMUNICATION, 6%; TAKE
MAGAZINES, 3%; TAKE CARDBOARD, 4%; TAKE PLASTIC, 4%;
LARGER CONTAINERS, 5%; LOWER COST, 2%; TAKE YARD WASTE,
3%; SCATTERED, 1%.
Every Spring and Fall, the City of Chanhassen offers a CommUnity
Waste Disposal Collection Day that gives residents the opportuni-
ty to dispose of waste materials -- such as tires, appliances,
automobile batteries, used oil an~ filters, and scrap metal.
60.
Have you participated in Chan- YES ................... 47%
hassen's Community Waste Disposal NO .................... 52%
Collection Day? DON'T KNOW/REFUSED ..... 1%
Moving on ....
61.
How would you rate the general EXCELLENT ............. 59%
condition and appearance of homes GOOD .................. 37%
in your neighborhood -- excellent, ONLY FAIR .............. 3%
~ood, only fair, or Door? POOR ................... 0%
DON'T KNOW/REFUSED ..... 0%
62.
How would you rate the general EXCELLENT ............. 49%
condition and appearance of yards GOOD .................. 45%
in your neighborhood -- excellent, ONLY FAIR .............. 4%
good, only fair, or Door? POOR ................... 2%
DON'T KNOW/REFUSED ..... 0%
63.
Do you feel the City is too tough, TOO TOUGH .............. 1%
about right, or not tough enough ABOUT RIGHT ........... 69%
in enforcing the City Code on NOT TOUGH ENOUGH ...... 13%
such nuisances as junk cars, messy DON'T KNOW/REFUSED .... 17%
yards, weeds or tall grass, and
outside storage?
IF "TO0 TOUGH" OR "NOT TOUGH ENOUGH" IN QUESTION $63, ASK:
64. Why do you feel that way?
NO ANSWER, 5%; MESSY YARDS, 56%; BOATS IN DRIVEWAY,
7%; JUNK CARS, 11%; CITY INTERFERES, 9%; TOTAL
LACK OF ENFORCEMENT, 12%.
07/23/2001 M0N 09:55 FAX 612 920 1069 DBCISION RESOURCSS
· . .
~]010/025
65.
Have you obtained a perm{ t for a
home improvement project, such as
a deck, shed, porch, fireplace,
fence, or lower level finishing
from the City' s Inspection De~_rt-
ment in the last five years?
YES ................... 33%
NO .................... 67%
DON' T KN~/~~SED ..... 0%
IF "YES, [] A~K:
i would like to ask you about various aspects Of the Der~it
process. For each one, please tell me whether you would
rate it as excellent, good, only fair, or poor. If you have
no opinion, just say so .... [n-130, 9'S 66-71,73,74]
EXCL ~OOD FAIR POOR DK/R
66.
67.
68.
69.
70.
Explanation of building
codes and zoning require-
ments during the applica-
tion process? 25% 43% 14% 6% 12%
Timeliness of the permit
process? 32% 43% 10% 5% 10%
T{m-liness of b~itding
~pec~ions? 37% 42% 8% 4% 9%
Clear explanation by the in-
spector of the need for
required corrections?- 27% 41% 13% 5% 15%
courtesy of the staff? 37% 43% 8% 4% 9%
71.
Did you receive an informa- YES ................. '..52%
tional handout regarding your NO .................... 30%
home improvement project? DON'T KNOW/REFUSED .... 18% .
IF
"YES," ASK:
How would you evaluate
this ha..ndout ' s content
--excellent, good, only
fair, or Door? [n=68]
EXCELLENT ............. 28%
GOOD .................. 49%
ONLY FAIR ............. 10%
POOR ................... 3%
DON'T KNOW/REFUSED .... 10%
73.
Based on staff contact
through the permit process,
how would you rate the City's
Inspection Department -- ex-
cellent, good, only fair or
poor?
EXCELLENT ............. 31%
GOOD .................. 45 %
ONLY FAIR ............. 1~%
POOR ................... ~ %
DON' T KNOW/~wUS~D ..... 6%
07/23/2001 H0N 09:55 FAX 61{ 920 1069 DECISION RESOURCES ~011/{
74,
Based on your recent home im- TOO TOUGH ............. 20%
provement project, do you ABOUT RIGHT ........... 70%
think the City's Inspection NOT TOUGH ENOUGH ....... 3%
Department's enforcement of DON'T KNOW/REFUSED ..... 7%
the State Buildihg Code re-
quirements is too tough, about
right, or not tough enough?
Changing topics ....
75.
How would you rate your ability EXCELLENT ............. 43%
to get where you need to go in SATISFACTORY .......... 43%
Chanhassen in a reasonable amount MARGINAL ...... ~ ....... 10%
of time -- excellent, saris- POOR .................... 5%-
factory, marginal, or poor? DON'T KNOW/REFUSED ..... 0%
IF "MARGINAL" OR "POOR," ASK:
76. Why do you feel that way? [n=57]
NO ANSWER, 4%; CONSTRUCTION, 44%; STOPLIGHTS, 28%;
OVERALL CONGESTION, 21%; SCATTERED, 3%.
77.
How would you .rate transit servi- EXCELLENT ............. 10%
cea in Chan/~a~sen? GOOD .................. 16%
ONLY FAIR ..............
POOR ......... - .......... 9%
DON'T KNOW/.REFUSED .... 59%
IF "ONLY FAIR" OR "POOR, " ASK':'
78. Why do you feel that.way? [n~53]
NO ANSWER, 2%; NOT AVAILABLE, 62%1 ~OT DEPENDABLE,
21%; UNAWARE OF ANY, 9%; SCATTERED, 6%.
79. What is your occupation and, if applicable, the occupation
of your spouse or partner?
PROFESSIONAL-TECHNICAL, 3&%; OWNER-MANAGER, 24%;
CLERICAL-SALES, 17%; BLUE COLLAR, 12%; RETIRED, 11%;
SCATTERED, 2%.
DO NOT ASK THE FOLLOWING QUESTIONS IF BOTH ARE "RETIRED."
If you work outside of the home, please answer the next
questions about your own Job; i~ you do not work outside of
the home, please answer the next questions in terms of the
job of your spouse or partner, if aDpli'cable. [n~35§]
10
)7/23/2001 MON 09:~5 FAX 612 920 1069 DECISION I~$Ob'~CE$ ~012/025
80.
What is the average commute
to that Job locanion?
DON'T KNOW/R~FUSED .....
5 MINUTES OR LESS ..... 10%
6 TO 10 ~TNUTES ........ 9%
11 TO 15 ~KTI~ES ...... 14%
16 TO 20 MINUTES ...... 17%
21 TO 30 ~~I~S ...... 21%
31 TO 45 MINUTES ...... 19%
46 TO 60 MINUTES ....... 3%
OVER 60 MINUTES ........ 1%
NOT A~PLICABLE ......... 5%
81. In what city is the Job located?
C~SEN, 17%; EDEN PRAIRIE, 18%; MINNETONKA, 7%;
BLOOMINGTON, 7%; MINNEA~0LIS, 10%; EDINA, 6%;
~EST OF HENNEPINCOUNTY, 18%; DAKOTA COUNTY, 4%;
REST OF CARVER COUNTY, 3%; REST OF METROAREA, 6%;
VARIES, 4%.
82. Which m, Jor roadway ~o you or your spouse use when you
leaving Ch~ssen to travel to that worksite?
NO ANSWER, 7%; HWY. 5, 41%; HWY. 62, 7%; LOCAL
STREETS, 9%; HWY. 101, 14%; POWERS BLVD., 4%;
HWY. 212, 2%; HWY. 7, 9%; SCATTERED, 7%.
83.
HOW do you normally commute
to work -- ~rive alone, ride
in a van or car pool, take
a bus near your home, use a
park and ride lot, walk or
or bike, or something else?
DRIVE ALONE ........... 85%
VAN OR CAR POOL ........ 5%
TAKE BUS ............... 1%
PARK AND RIDE LOT ...... 0%
WALK/BIKE .........
SOMETHING ELSE ......... 2%
DON'T KNOW/REFUSED ..... 6%
iF "DRIVE ALONE," "VAN OR CAR POOL," OR 'WALK/BIKE,"
ASK:
84.
If it were convenient,
-
would you be willin~ to
commute using public
tr~it? [n=69]
YES ................... 41%
NO .................... 55%
DON'T KNOW/REFUSED ..... 3%
85. What changes would make public transit more con-
venient for you to use? [n-69]
NO ANSWER, 20%; NOTHING, 39%; MOR~ ROUTES, 17%;
MORE CONV]~NI~NT, 17%; LIGHT RAIL, 3%; SCATTERED,
4%;
86.
Have you or ~y m~mber of your
household used Southwest Metro
Transit in the past year?
YES ................... 20%
NO .................... 79%
DON' T KNOW/REFUSED ..... 1%
11
07/23/2001 HON 09:56 FAX 612 920 1069 DRCISION RESOURCES
87.
If you could choose, would you
prioritize (ROTATE) the widenin~
of major roadways to accommodate
more automobiles OR expanding
public transit services between
Chanhassen and other points
throughout the MetropolitanArea?
(WAIT FOR RESPONSE) Do you feel
strongly that way?
WIDENING ROADS/STRONG.37%
WIDENING ROADS ........ 11%
BOTH EQUALLY (VOL) ..... 7%
EXPAND PUBLIC TRANS...12%
EXP PU~ TRANS/ST~G,.24%
NEITHER (VOL) .......... 4%
DON'T KNOW/REFUSED ..... 6%
Moving on ....
88.
How would you rate the water qual-
ity in city lakes -- excellent,
good, only fair, or Door?
EXCELLENT ............. 15%
C-COD .................. 49%
ONLY FAIR ............. 19%
POOR ................... 3%
DON'T KNOW/REFUSED .... 14%
89.
From what you have seen or heard,
should the City of Chanluassen be
doing more to improve the quality
of water in city lake~, or is it
already doing enough?
DOF~ORE ............... 21%
DOING ENOUGH .......... 56%
DON'T KNOW/REFUSED .... 23%
90,
In general, do you think the City
of Chanhassen's emphasis on
environmental concerns is too
much, about right, or too little?
TOO MUCH ............... 5%
ABOUT RIGHT ...... ' ..... 74%
TOO LITTLE.... .......... 13%
DON'T KNOW/REFUSED ..... 9%
91.
During the past year have you
contacted the City Forester for
information or on any issue?
(WAIT FOR RIESPONSE) Have you con-
tacted the City's Wetland Special-
YES/YES ................
YES/NO ................. 8%
NO/Yw.S ............. . ....2
NO/NO ................. 88%
DON' T KNOW/REFUSED ..... 1%
Let's talk about the availability and quality of tap water in the
community. For each of the following, please rate that aspect of
city water as excellent, good, only fair, or poor. If you have
no opinion, Just say so ....
EXCL GOOD FAIR POOR D.K.
92. Taste? 12% 39% 23% 18% 8%
93. Smell? 13% 47% 19% 13% 10%
94, Presence of rust and/or
manganese? 7% 26% 22% 33% 14%
95. Consistent water pressure? 18% 61% 11% 5% 6%
The City of Chanhassen could build a water treatJnent plant to
reduce or eliminate water quality and clarity problems. The cost
of construction and operation would be funded through an increase
in household and business water rates.
12
07/23/2001 M0N 09:59 FAX 612 920 1069 DECISION RESOURCES
96.
Would you favor or oppose t/~e con- STRONGLY FAVOR ........ 25%
struction of a water treat~nent
plant in Ch~nhassen, if it would
require a 15% increase in your
water bill to cover the costs of
construction and operation? (WAIT
FOR RESPONSE) Do you feel strongly
that way?
FAVOR ................. 19 %
OPPOSE ................ 14%
STRONGLY OPPOSE ....... 29%
DON' T KNOW/REFUSED .... 13 %
97.
Are you aware the City of Chamhas- YES ................... 96%
sen has a lawn sprinklinu policy? NO ..................... 4%
DON'T KNOW/I~EFUSED ..... 1%
The policy currently states that odd-numbered addresses may water
only on odd-numbered days and even-numbered addresses may do so-
only on even-numbered days. The policy att_~-~tS to reduce the
amount of water t/~e city takes from underground aquifers and to
m~nim~ze the chance of shortfalls during times of peak water use
and the loss of water pressure for residents ~4 businesses.
98.
Do you a~ree or disagree with this AGREE ................. 83%
policy? DISAGREE .............. 12%
DON'T KNOW/REFUSED ..... 5%
The current city.practice is to issue tickets in the amount of
$25.00 for first time violators.
99.- Would you favor or oppose an in- AGREE ................. 25%
crease in the fine for first time -DISAG~R~ .............. 71%
violators to $100.00 to provide DON'T KNOW/REFUSED2 ....
a more signific~t penalty?
There has been some discussion aboUt.changin~ water rates to a
tiered system to encourage conservation. Currently, water bills
are based on a fixed cost for each gallon used, regardless of the
amount. Under this plan, the more water a household used, the
higher the per gallon cost would become. There would be a clear
cost incentive to conserve.
100. Would you favor or oppose the
· City of Cha~ssen swftchin~ to
a tiered rate structure to en-
courage conservation? (WAIT FOR
RESPONSE) Do you feel strongly
that way?
STRONGLY FAVOR ........ 30%
FAVOR ................. 21%
OPPOSE ................ 12%
STRONGLY OPPOSE ....... 27%
DON'T KNOW/REFUSED .... 10%
13
07/23/2001 M0N 09:$9 FA~ 612 920 1069 DBCI$ION RESOURCES
101.
Would you be willing to pay more NO .................... 85%
for water usage if the city did YES/10% MORE ...........
not have an odd/even policy? (IF YES/20% MORE ........... 2%
"YES," ASK:) Row much more would YES/30% MORE ........... 0%
you be willin~ to pay for water? YES/40% MORE ........... 0%
Let'S say, would you be willin~ to YES/50% MORE ........... 0%
Day percent more? (CHOOSE YES/UNSURE ............. 1%
RANDOM STARTING POINT; MOVE U? OR DON'T KNOW/REFUSED ..... 8%
DOWN DEPENDING ON ANSWER) How
about percent more? (REPEAT
PROCESS)
Changin9 topics ....
102.
AS you age, if you reached the point you needed care provid-
ed by others, which of the following type of living arrange-
ment would you most prefer for yourself? (READ LIST %1-96)
In your current residence with live-in home care,,,16%
Live with a family member ........................... 8%
In a senior 9roup home .............................. 3%
In a senior apartment complex ...................... 28%
In your current residence with regular care visits.31%
In a nursing home ...................................
DEPENDS ON HEALTH (VOL) ............................ 12%
DON'T KNOW/REFUSED .................................. 4%
103 .
Does the development'through out YES ................... 40%
the City seem well-planned for the NO .................... 25%
future of Chanhassen? DON'T KNOW/REFUSED .... 35%
IF A RESPONSE IS GIVEN, ASK:
104. Could you tell me one or two reasons why you feel that
way? [n=259]
NO ANSWER, 11%; GOOD JOB, 39%; NO PROBLEMS, 5%;
MUCH GROWTH, 11%; NO OVERALL PLAN, 17%; NEED
AFFORDABLE HOUSING, 10%; NEED MORE BUSINESS, 3%;
TO BE IMPROVING, 4%; SCATTERED, 3%.
TOO
SEEM
105,
Would you say the rate of develop- TOO FAST .............. 46%
ment in the City of Chanhassen is ABOUT RIGHT ........... 50%
too fast, about right, or too TOO SLOW ............... 4%
slow? DON'T KNOW/P~EFUSED ..... 1%
I would like to read you a list oX characteristics of a communi-
ty. For each one, please tell me if you think Charihassen cur-
rently has too many or too much, too few or too little, or about
the right amount,
14
07/23/2001 MON 10:00 FA~ 612 920 1069 DECISION I~SOT. TRCSS
.
~016/025
MANY FEW/ ABT DK /
/MC~ LZTT RGHT REFD
106. the number of people residing
in the community? 15% 3% 80% 3%
107. apartments? 11% 25% 54% 11%
108. higher cost housing oppor-
tunities? A0% 3% 52% 5%
109. condominiums and townhouses? 21% 16%. 57% 6%
110. affordable housing, defined by
MetroDolitan Council as a single
family home costing less than
$137,0007 4% 65% 24%
111. housing oD~ortuni~ies for
seniors? 0% 57% 22% 21%
112. starter ho~es? 4% 60% 29% 8%
113. Darks and open spaces? 8% 14% 77% 1%
114. trails ~d bikeways? 7% 21% 70% 2%
115. service and retail establish-
ments? 5% 29% 66% 2%
116. entertainm_~nt and dinin~
tu~ities? 3% 42% 54% 1%
117. During an average week, about how NONE .................. 18%
often do you eat dinner out at a ~CE A WEEK ........... 45%
sit-down restaurant? TWICE A WEEK .......... 23%
THR~E TIM~S A WEEK .... 10%
FOUR OR MORE TIMES .....
DON'T KNOW/REFUSED ..... 0%
118. And, during ~ average week, about NONE .................. 27%
how often do you get take-out or ONCE A WEEK ........... 46%
fast-food? TWICE A WEEK .......... 17%
THREE TIMES A WmRK .....
FOUR OR MORE TI~ES ..... 3%
DON'T I~OW/REFUSED ..... 0%
119. What retail, restaurant, or business services do you feel
are lacking or are limited in Downtown Chan~assen?
NO ANSWER, 9%; NOTHINg, 31%; CLOTH~NG STORE, 8%; "SIT-
DOWN" RESTAURANT, 29%; 0T~r~~OR P, ETAIL, 3%; SPECIALTY
SHOPS, 6%; HOME 114~ROVEMENT, 8%; SCATT~, 6%.
120. Excluding gasoline and food, what do you consider to be your
principal retail shoDping area?
NO ANSWER, 3%; TARGET-CHANHASS~N, 45%; EDEN PRAIRIE
CENTER, 10%; MAR~T SQUARe, 12%; MALL OF AMERICA, 2%;
SOUTHDALE, 13%; RID~EDALE, 11%; SCA~~.~, 4%.
Some people believe the reconstruction or reDlacement of streets,
trails, a~d curbs make the city more livable and attractive, ~n~
should therefore be funded through the property taxes of all
15
07/23/2001 ~0N 10:00 FAX 612 920 1069 DECISION RBSOURCRS ~017/0:
residents. Others believe these projects are only of value to
people residing near them, and should be paid for by special
assessments on adjacent and affected property owners. Keeping in
mind the typical assessment is approximately $5,000 Der home ....
121.
HOW do you feel? Should street, TAXES 0N ALL .......... 49%
trail, and curb reconstruction and SPECIAL ASSESSMENTS...30%
major maintenance be funded by BOTH (VOL) ............ 13%
citywide property taxes or special NEITHER (VOL) .......... 3%
assessments on affected property DON'T KNOW/REFUSED ..... 6%
owners?
One proposal calls for cost-sharing of street, trail, and curb
reconstruction and major maintenance. A percentage of the cost
would be funded through general property tax revenues; the
remainder would be funded through special assessments on affected
property owners. If you could set the portion that general city
revenues would fund ....
122.
What would it be -- none, ten per-
cent, twenty-five percent, thirty-
three percent, fifty percent,
sixty-six percent, seventy-five-
percent, or one.hundred percent?
NONE .................. 14%
TF~N PERCENT ............ 9%
25 PERCENT ............ 14%
33 PERCENT .............
50 PERCENT ............ 15%
66 PERCENT ............. 2%
75 PERCENT ............. 7~
100 PERCENT ........... 15%
DON'T KNOW/REFUSED .... 19%
Changing topics ....
123 .
During the past year, have you
telephoned a Chanhassen City
Facility?
.YES ................... 55%'
NO .................... 44%
DON'T KNOW/REFUSED ..... 2%
IF "YES," ASK:
124.
On your last telephone call
to the City, which Department
did you contact -- Law En-
forcement, Fire Department,
Public Works, Water Resource,
Parks and Recreation, Build-
ing Inspections, ~n~ineering,
Planning, Administration,
the Recreation Center, the
Finance Department, the mayor
and City Council, or the Gen-
eral Information Desk Recep-
tionist? [n=218]
LAW ENFORCEM~NT ....... 11%
FIRE DEPARTMENT ........ 1%
PUBLIC WORKS .......... 16%
WATER RESOURCE ........ 10%
PARKS AND REC ......... 22%
BUILDING INSPECT ...... 15%
ENGINEERING ........ ' .... 1%
PLANNING ............... 4%
ADMINISTRATION ......... 3%
RECREATION CENTER ...... 3%
FINANCE OFFICE ......... 1%
MAYOR/CITY COUNCIL ..... 2%
GENERAL INFORMATION...11%
DON'T KNOW/REFUSED ..... 2%
Thinking about your last telephone call to the City, for
each of the following characteristics, please rate the
16
07/23/2001 M0N 10:00 FAX 612 920 1069 DECISION RESOURCES
· _ .
[~018/025
service as excellent, good, only fair, or poor ....
125.
126.
127.
EXC GOO FAI PO0 DKR
waiting time for the reception-
ist to answer your call? 36% 46% 9% 4% 5%
Courtesy of city staff? 47% 43% 5% 4% 2%
Ease of your business trans-
action with city staff? 37% 45% 8% 7% 3%
128.
Was your request handled by NO .................... 62%
leaving a voice mail message? YES/YES ............... 29%
(IF "YES," ASK:) Did you re- YES/NO ................. 5%
ceive a timely response? DON'T KNOW/REFUSED ..... 5%
129.
During the past year, have you
contacted the City of Ch~h~ssen
by e-mail?
YES ....................
NO .................. '.. 92%
DON'T KNOW/REFUSKD .....
IF "YES," ASK:
130.
Did you receive a response by YES ................... 88%
e-mail? [n=32] NO .................... 12%
DON'T KNOW/~wUSED ..... 0%
131. Were you satisfied or dissat- SATISFIED ............. 81%
isfied with the way your e- DISSATISFIED .......... 16%
mail communication was BOTH/NEIT~rm~ ........... '0%
h~ndledby the City? DON'T KNOW/~FUSED ..... 3%
Moving on ....
132.
How would you rate the City of EXCELLENT ............. 35%
Chanhassen's park .and recreational ~OOD ........ ~ ......... 51%
facilities ~- excellent, ~ood, ONLY FAIR ............. 10%
only fair, or poor? POOR ...................
DON'T KNOW/REFUSED ..... 4%
The Chanhassen ~ark Syste~ is composed of smaller neighborhood
parks desigzled to serve nearby residents; larger community parks
such as Lake A~n, Lake Susan, and City Center, dedicated to
active uses such as ballfields and ice rinks; and trails, in
boulevards, around lakes, and t_hroughDarks and natural areas.
For each one, please tell me if you or members of this
household have visited that facility during the past year. Then,
for each one you or m_-m_~ers of your household have visited,
please rate it as excellent, good, only fair or poor. If you
have no opinion, just say so ....
NO~ EXC GOO FAT P00 DKR
133. Smaller neighborhood parks? 17% 32% 43% 4% 1% 3%
134. Larger community parks? 17% 37% 39% 3% 0% ~%
135. Trails? 17% 30% 43% 5% 1% 5%
17
uT/za/2001H0N 10:00 FAX 612 920 1069 DECISION RESOURCES ~019/0~
On another topic ....
136. Are there any recreational facilities not currently in the
City of Chanhassen which you would like to see here? (IF
"YES," ASK=) What are they?
NONE, 59%; POOL, 17%;
5%; GOLF COURSE, 2%;
SCATTERED, 4%.
C014MIYNITY CENTER, 9%; MORE TRAILS,
SPORTS FIELDS, 2%; ICE ARENA, 2%;
137. Do you or members of your household regularly leave the City
of Charihassen to use leisure-time recreational facilities or
programs in other cities? (IF "YES," ASK:) What types of
facilities or programs are you using elsewhere?
NO, 46%; HEALTH CLUB, 14%; POOL, 7%;
CAMPING, 2%; VARIOUS REC PROGRA~, 4%;
LAKES, 10%; PARKS, 4%; THEATERS, 2%;
GOLF COURSE, 4%;
TRAILS, 4%;
SCATTERED, 3%.
138. Specifically, how would you rate
the appearance of the city's
park and recreation facil~ties?
EXCELLENT ............. 34%
GOOD .................. 57%
ONLY FAIR .............. 7%
POOR ................... 0%'
DON'T KNOW/REFUSED ..... 2%
As you may know, several city parks contain natural areas where
vegetation is allowed to grow wild.
139. Would you favor or oppose expand- FAVOR ................. 59%
lng the amount of existing land in OPPOSE ................ 27%
the parks left unmowed as natural DON'T KNOW/REFUSED .... 14%
areas?
140. In the past twelve months, have YES ................... 39%
you or any members of this house- NO .................... 61%
hold used any city-sponsored rec- DON'T KNOW/REFUSED ..... 0%
reational programs or facilities?
iF "YES," ASK:
141. which ones? [n=157]
PARKS, 10%; SWIMMING, 12%; BASEBALL, SOFTBALL, 10%;
SOCCER, 12%; OTHER SPORTS, 10%; REC CENTER, 33%;
COMMUNITY EVENTS, 8%; SCATTERED, 5%.
142. Were you generally satis-
fied or dissatisfied with
the pro,ram(s)?
SATISFIED ............. 98%
DISSATISFIED ........... 2%
DON'T KNOW/REFUSED ..... 0%
I would like to read you a short list of proposals for additional
park and recreational facilities in the community. If the City
could partner with a private or public organization through
providing development incentives or reducing city fees, would you
18
07/23/2001 MON 10:01 FAT 612 920 1069 DECISION RESOURCES ~020/025
strongly support that recreational development, somewhat support,
somewhat oppose, or strongly oppose that recreational develo~-
merit. If you have no o~inion, just say so ....
STS ~ SMO ST0 DKR
143. Develoggnent of a municipal golf
course?
144. Construction of an outdoor
swimming
145. Construction of an indoor
swimmir~j pool ?
146. Construction of a full-service
Community Center, includinxj in-
door f~m{ ly leisure-fun pool,
walking/running track, Gymna-
siums, aerobics room, racquet-
ball courts, and exercise equip-
ment and weight room?
147. Construction of an indoor ice
arena for hockey and figure
skating?
148. Development of a water park,
featuring pools, slides, and
other water-.related activities?
20% 30% 17% 27% 7%
29% 27% 15% 25% 5%
.32% 30% 15% 22% 2%
38% 27% 10% 22% 3%
15% 29% 18% 34% 4%
19% 25% 22% 31% 3%
149. Should a_ny of these recreational fac~lities be constructed
~d operated solely by the City of Cb_~hass~ using property
tax revenue? (IF 'YES," ASK:) Which ones?
NO ANSWER, 7%; NO, 63%; ALL OF T~M, 10%; COMMUNITY
CENTER, 9%; POOL, 7%; GOLF COURSe, 2%; SCATTE~Rn, 3%.
150. If the City were to build a recre- NONE/WOULD NOT USE .... 11%
ational or community center in FIVE MINUTES OR LESS..12%
ChaD_hassen, how many minutes would 6-10 MINUTES .......... 40%
you be willing to spend driving to 11-15 FJ_NL~UES ......... 25%
the facility -- five minutes or 16-20 MINUTES .......... 9%
less, 6-10 minutes, 11-15 minutes, DON'T KNOW/REFUSED ..... 4%
or 16-20 minutes?
Snowmobiling is currently permitted on city streets and designat-
ed trails in Chanb, assen ....
151. Do you or anyone in your household YES ................... 11%
own a snowmobile? NO .................... 89%
DON'T KNOW/I~EFUSED ..... 0%
19
07/23/2001 H0N 10:01 FAX 6~2 920 1059 DECISION RESOURCES ~021/05
152 .
would you support or oppose ban-
ning snowmobiles in residential
areas, mo that snowmobilers would
be required to trailer their snow-
mobile to specific parking areas
in the City for access to desig-
nated trails?
SUPPORT ............... 55%
OPPOSE ................ 38%
DON'T KNOW/REFUSED ..... 7%
153. Would you support or oppose a
total ban'of snowmobiling in the
City of Chanhassen?
SUPPORT ............... 31%
OPPOSE ................ 65%
DON' T KNOW/REFUSED ..... 4%
Moving on ....
154.
Do you own or have access to a
modem-equipped personal computer
at home? (WAIT FOR RESPONSE) Do
you have access to one at work?
YES/YES ............... 67%
YES/NO ................ 16%
NO/YES ................. 5%
NO/NO ................. 13 %
DON' T KNOW/REFUSED ..... 0%
IF "YES/YES," "YES/NO," OR "NO/YES," ASK:
155.
Are you aware the City of YES ................... 56%
Chanhassen has a home page on NO .................... 43%
the World Wide Web? [n=349] DON'T K~OW/REFUSED ..... 1%
IF "YES," ASK:
156,
Have you accessed this
web page? [n=205]
YES ................... 46%
NO .................... 54%
DON' T KNOW/REFUSED ...... 0%
IF "YES," ASK:
157. What type of information were you seeking on.
the web page? [n=89}
NO ANSWER, 15%; BROWSING, 21%; GENERAL
INFORMATION, 28%; EVENTS, 6%; PARK AND REC,
10%; COUNCIL, 7%; CODE, ORDINANCE INFOR-
MATION, 8%; SCATTERED, 5%.
158.
Did you find the
information you
were looking for?
YES ................... 62%
NO .................... 12%
DON' T KNOW/REFUSED .... 26%
159. What type of information would you like to see on
the C~ty's web page? [n-349]
NO ANSWER, 38%; CITY SERVICE INFORMATION, 7%;
CODE INFORMATION, 3%; GENERAL, 14%; PARK AND
REC, 8%; COMMUNITY EVENTS, 14%; CITY COUNCIL,
7%; CITY ISSUES, 7%; SCATTERED, 2%.
2O
07/23/200! M0N 10:01 FAX 612 920 1069 DECISION I~SOURCES
· .
~022/025
I would like to read you a short list of transactions which
could be completed on-line. For each one, Dlease tell me
how likely you would be to do so -- would you be very like-
ly, somewhat likely, not too likely, or not at all likely to
conduct that transaction on-line? [n=349]
VRY ~ ~ ~ DKR
160.
161.
162.
163.
164.
Purchase a dog lic~n-e? 28% 20% 7% 43% 2%
ComDlete a building permit
a~lication? 32% 32% 10% 26% 1%
Register for a City park and
recreation program? 44% 28% 4% 23% 1%
Apply for a lawn wa~ering -'
permit? 32% 25% 8% 33% 3%
Receive and pay your water
bill? 30% 23~ 9% 37%
165.
If the City were to offer
residents the option of
receiving the newsletter,
"The ChanhasBenCommunity
News," electronically by
e-mail instead of by mail,
how likely would you be to
switch to the on-line ver-
sion -- very likely, some-
what likely, not too likely,
or not at all likely?
VERY LIKELY ........... 26%
S~T LIKELY ....... 24%
NOT TOO LII~R?.Y ........ 17%
NOT AT ALL LIKELY ..... 30%
DON'T KNOW/REFUSED .....
The City newsletter, called "The Chanhassen Community News" is
published four times per year and mailed to all residents.
166.
DO you regularly read and receive
this newsletter?
YES ................... 85%
NO .................... 13%
DON' T KNOW/REFUSED ..... 2 %
IF "YES," ASK:
167.
How much of the newsletter do
you read -- all of it, most
of it, some of it, or very
little? [n=361]
ALL OF IT ............. 30%
MOST OF IT ............ 38%
SC~E OF IT ............ 25%
VERY LITTLE ....... : ....6%
DON' T KNOW/~USED ..... 0%
168.
How would you rate its
format -- excellent, good,
only fair, or poor?
EXCELLENT ............. 16%
C=00D ................... 66%
ONLY FAIR ............. 14%
POOR ................... 1%
DON'T KNOW/REFUSED ..... 2%
169. Does your household subscribe to
cable television?
YES ................... 64%
NO .................... 36%
DON' T KNOW/REFUSED ..... 0%
21
07/23/2001 ~0N 10:01 PAX 612 920 1069 DECISION RE$0URCRS
~ o23/o,
1'70.
Kow would you rate the City's EXCELLENT .............. 5%
overall performance in communicat- ~OOD .................. 38%
ing key Iocal issues to residents ONLY FAiR ............. 27%
in its publications, website, POOR ................... 9%
mailings, and on cable television DON'T KNOW/R~FUSED .... 20%
-- excellent, good, only fair, or
poor?
IF A RESPONSE IS GIVEN, ASK;
171. Could you tell me one or two reasons why you feel
that way? [n=319]
NO ANSWER, 20%; INFORMATION AVAILABLE, 25%; GOOD JOB,
12%; POOR CABLE, 10%; DO NOT ADDRESS NEGATIVES, 6%;'
INSUFFICIENT, 16%; COULD IMPROVE, 9%; SCATTE~D, 2%.
172.
If you could choose the best way for you
tion about City government and the issues
ity, what would it be?
to receive informa-
facing the commun-
NO ANSWER, 3%; "VILLAGER," 9%; CABLE, 2%;
NEWSPAPER, 18%; INTERNET, 24%; -NEWSLETTER,
MAILINGS, 23%.
NEWSPAPER,
21%;
Changing topics ....
173 .
How would you rate relations
and cooperation between the City
of Chanhassen and your local
school district -- excellent,
good, only fair, or poor?
EXCELLE~T ..... ; ........ 8%
GOOD .................. 30%
ONLY FAIR ..............
P00K ................... 3%
DON'T KNOW/REFUSED .... 51%
174.
In what public school district do
you reside -- Minnetonka Public
Schools or Chaska Area Public
School District 1127
MINNETONKA ............ 29%
CHASKAAREA .... ' ....... 63%
DON'T KNOW/REFUSED ..... 8%
175.
How would you rate the quality of
education provided by the Public
School District in which you re-
side -- excellent, good, only
fair or poor?
EXCELLENT ............. 22%
GOOD .................. 36%
ONLY FAIR .............. 8%
POOR ...................
DON'T K~OW/R~FUSED .... 31%
Now, just a few more questions for demographic purposes ....
Could you please tell me how many people in each of the following
age groups live in your household. Let's start with the oldest.
Be sure to include yourself.
176. First, persons 65 or over?
NONE .................. 86%
ONE .................... 8%
TWO OR MORE ............ 6%
REFUSED ................ 0 %
22
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177.
Adults under 65?
NON~ ................... 8%
ONE ................... 13%
TWO .................... 70%
THREE OR MORE .......... 9%
REFUSED ................ 0 %
178.
School-aged or pre-school
children?
NONE .................. 52%
ONE ................... 14%
TWO ................... 24%
TT~. OF MORE ......... 11%
REFUSED ................ 0%
179.
Is a full-time or part-time home-
based business operated out of
your residence?
YES ................... 18%
NO .................... 82%
DON'T KNOW/REFUSED ..... 0%
180.
Do you reside in an apartment,
townhouse, or single-f~m~ ly home?
APARTMENT .............. 3%
TOWNHOUSE .............. 9%
SINGLE-FAMILY HOM~ .... 88%
SOMETH~NG ELS~ (VOL)...0%
DON'T KNOW/REFUSED ..... 0%
181. What is your a~e, please?
(READ CATEGORIES, IF NEEDED)
18-24 .................. 2%
25-34 ................. 11%
35-44 ................. 35%
45-54 ................. 29%
55-64 ................. 13%
65 AND OVER ........... 11%
REFUSED ................ 0%
182. What is the last grade of school
you completed?
LESS T~L~NHIGH SCH: .... 0%
HIGH SCHOOL GRADUATE..15%
VO-TECH SCHOOL ......... 3%
SOME COLLEGE .......... 22%
COTJT.Et~E GRADUATE ...... 42%
POST-GRADUATE ......... 18%
REFUSED ................ 0%
And now, for one final question, keeping in mind that your
answers are held strictly confidential ....
183.
Is your pre-tax yearly household
income over or under $100,0007
IF "OVER," ASK:
TS it over $150,0007 (IF "YES, ·
ASK:) Is i~ over $200,000?
IF "UNDER," ASK:
Is it under $50,000?
UNDER $50,000 .......... 8%
$50,001-$100,000 ...... 36%
$100,001-$150,000 ..... 19%
$150,000-$200,000 ..... 11%
OVER $200,000 .......... 5%
DON'T KNOW ............. 1%
REFUSED ............... 20%
Thank you very much for your time. Good-bye.
184. Gender (DO NOT ASK)
MALE .................. 50%
FEMALE ................ 50%
23
07/23/2001 H0N 10:02 FAX 612 920 1069 DECISION RESOURCES ~026/0~
185. R~GION OF CITY (PRECINCT)
ONE ................... 17%
TWO ................... -~3%
THREE ................. 15 %
FOUR .................. 18%
FIVE .................. 21%
SIX ................... 17%
~
o ~
CT 0F
PO Bar147
banbau~ Minn~ta 55317
952.93Z1900
952.93Z5739
952.93Z9152
952.934.2524
Web Site
TO: Mayor
City Council
FROM: Todd Gerhardt, City Manager
DATE:
September 20, 2001
SUB J: EDA Structure
Thc City Council requested time on the work session to discuss thc structure of
the Economic Development Authority 0~A). Attached for your review is a
survey of the ~T~A s~ in surrounding communities and the st__,~e statute
that governs Economic Development Authorities (characteristics, limit'of
powers, terms, etc.). Roger Knutson will be present at Monday's work session
to lead the discussion on this item and answer any questions you may have
regarding specific powers thc EDA has under state law.
I have worked under three different EDA structure: 1) council members only,
2) council members plus two members at-large; and 3) five non-council
members. They all worked, but when it was five non:council members, thc city
council was concerned about how they were spending money and felt as if the
council was accountable for EDA decisions.
RECOMMENDATION
After giving this some thought, I believe the first step for the City Council is to
develop and adopt'an economic development plan. 'Then, based on that plan, the
council can structure the EDA with individuals who have expertise in finance,
housing, marketing, etc. In the interim, go ahead and fill the vacancy on the
EDA with one of the two candidates. Over the next six to eight months, staff
.will work with thc city council to establish an Fx, onomic Development Phm that
will establish the roles, responsibilities, and mission of the ~T~A.
Economic Development Authority Membership
September 2001
Chaska City Council makes up the EDA
Savage City Council makes up the EDA
.o
Vi~toria City Council makes up the ~DA
Hopkins Has an HRA, not an EDA, and is comprised of the City Council.
Eden Prairie No longer has an EDA. They had one in the early 1980's, but disbanded at
the recommendation of the Chairmap,.as the~e was not enough for them to do.
Minnetonka Made up of 2 City Council members and 5 appointed members. The 5
appointed members are a representation of the community by gender, race,
and economic'stares. They are an advisory committee of the City Council.
Shorewood City Council makes up the EDA
Shakopee City Council makes up the EDA
Excelsior Does not have one.
Chanhassen Made up of 5 City Council members and 2 members at large.
~lrnin~,~ta survey.doc
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Page 92 of 258
the conditions 11
in section
l, subdivlsto~ ;
~a=ement as to the or ab~
to be re--by the city at the transferl
(4) other info~ considered r~~by the city
A of fee titlm U~~viston
~tcla~
HIST: 1987 c 291
--469.090
4 69. 090 Definitions.
Subd/vision 1. Generally. In sections 469.090 to
469.108, the terms de£~ned in this section1 have the meanings
given them herein, unless the context indicates a different
meaning.
Subd. 2. Authority. "Authority" means an econom/c
development authority.
Subd. 3. City. "City" means a home ru/e charter or
statutory city.
..
Subd. 4. Development. "Deve!opm~nt" includes
redevelopment, and "developing" includes redeveloping.
Subd. 5. Cost of redevelopment. "Cost of
redevelopment" means, with respect to an econom±c development
district project, the cost
(1) acquiring property, whether by purchase, lease,
condemnation, or otherwise&
(2) demolishing or removing structures or other
4~rovem~nts on acquired properties;
(S) correcting soil deficiencies necessary to develop or
use the property for an appropriate use as determined by the
authority~
(4) constructing or installing public im~r6vements,
~ncluding streets, roads, and utilities;
(5) providing relocation benefits to the occupants o£
acquired properties;
(6} planning, engineering, legal, ~nd other services
necessary to carry out the funotions listed in clauses (1) to
(5); and
(7) the allocated administrative ~enses of the eu~hori~y
for the project.
HIST: 1987 c 291 s 91
--459.091
469.091 Economic development authority.
Subdivision 1. Establishment. A cityma¥, by
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adopting an enabling resolution in compliance with the
procedural requirements of section 469.093, establish an
economic development authority that, subject to section 469.092,
has the powers contained in sections 469.090 to 469.108 and the
powers of a housing and redevelopment authority under sections
469.001 to 469.047 or other law, and of a city under sections
469-124 to 469.134 or other law. If the economic development
authority exercises the powers of a housing and redevelopment
authority contained in sections 469.001 to 469.047 or other law,
the city shall exercise the powers relating to a housing and
redevelopment authority granted to a city by sections 469.001 to
469.047 or other law.
Subd. 2. Characteristics. An economic development
authority is a public body corporate and politic and a political
subdivision of the state with the right to sue and be sued in
its own n~me. An authority carries out an essential
governmental function when it exercises its power, but the
authority is not immune from liability because of this.
Subd. 3. Unpaid officers, directors, and agents;
liability. Section 317A.257 applies to an economic
development authority or to a nonprofit corporation exercising
the powers of an economic development authority.
HIST: 1987 c 291 s 92; 1994 c 623 art-5 s 2
==469.092
469.092 Limit of powers.
Subdivision 1. Resolution. The enabling resolution
may impose the following limits upon the actions of the
.authority:
(1) that the authority must not exercise any specified
powers contained in sections 469.001 to 469.047, 469.090 to
469.108, and 469.124 to 469.134 or that the authority must not
exercise any powers without the prior approval of the city
council;
(2) that, except when previously pledged by the autho~ity,
the city council may by resolution require the authority to
transfer any portion o£ the reserves generated by activities of
the authority that the city council determines is not necessary
for the successful operation of the authority to the debt
service fund of the city, ~o be used solely to reduce tax levies
for bonded indebtedness of the city;
(3) that the sale of all bonds or obligations issued by the
authority be approved by the city council before issuance;
(4) that the authority follow the budget process for city
depart~eBts as provided by the city and as implemented by the
city council and mayor;
(5) that all official actions of the authority must be
consistent with the adopted comprehensive plan of the city, and
any official controls implmmenting the comprehensive plan;
(6) that the authority submit all planned activities for
influencing the action of any other governmental agency,
subdivision, or body to the city council for approval;
(7) that the authority submit its adm.~nistrative structure
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* CHAN]~SSEN CH ~004
Page 94 of 258
and m~nag~ment practices ~o the city council £or approval; and
(8) any other limitation or control established by the city
council by the enabling resolution. '
Subd. 2. Modification of resolution. The enabling
resolution may be modified at any time, subject to subdivision
5, and provided that any modiflcation is made in accordance with
this section.
Subd. 3. Report on resolution. Without limiting the
right of the authority to petition the city council at any tim~,
each year, within 60 days of the anniversary date of the first
adoption of the enabling resolution, the authority shall submit
to the city council a report stating whether and how the
~nabllng resolution should be modified. Within 30 days of
receipt of the recommendation, the city council shall review the
enabling resolution, consider the recommendations of the
authority, and make any modification it considers appropriate.
Modifications must be made in accordance with the procedural
requirements of section 469.093.
Subd. 4. compliance. The city council's
determination that the authority has co~plied.with the
limitations imposed under this section is conclusive.
Subd. 5. Limits; security. Limits imposed under, this ''
section must not be applied in a manner that impairs the
security of any bonds issued or contracts executed before the
limit is imposed. The city council must not modify any limit in
effect at the time any bonds or obligations are issued or
contracts executed to the de~riment of the holder of the bonds
or obligations or any contra=ting par~y.
HIST: 1987 c 291 s 93
---469.093
469.093 Procedural requir~ment.
Subdivision 1. Enabling resolution. The creation of
an authority by a city must be by written resolution referred to
as the enabling resolution. Before adopting the enabling
resolution, the city council shall conduct a public hearing.
Notice of the time and place of hearing, a statement of the
purpose of the hearing, and a s,v-mary of the resolution must be
published in a newspaper of general circulation-within the city'
once a week for two consecutive weeks. The first publication
must appear not more than 30 days from the date of the p.ubllc
hearing.
Subd. 2. Modifications. All modifications to the
enabling resolution must be by written resolution and must be
adopted after notice is given and a public hearing conducted as
required for the original adoption of the enabling resolution.
HIST: 1987 c 291 s 94
---469.094
469.094 TranSfer of authority.
Subdivision 1. Economic development, housing,
redevelopment powers. The city may, by ordinance, divide the
economic development, housing, and redevelopment powers granted
under sections 469.001 to 469.047 and 469.090 to 469.108 between
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Page 95 of
the economic development authority and any other authority or
co~nission established under statute or city charter for
economic development, housing, or redevelopment as provided in
subdivision 2.
Subd. 2. Project control, authority, operation. The
city may, by resolution, transfer the control, authority, and
operation of any project as defined in section 469.174,
subdivision 8, or any other program or project authorized by
sections 469.001 to 469.047 or 469.124 to 469.134 located within
the city, from the governmental agency or subdivision that
established the project to the econ~ic development authority.
The city council may also require acceptance of control,
authority, and operation of the project by the economic
development authority. The economic development authori=y may
exercise all of the powers that the governmental unit
establishing the project could exercis$ with respect to the
project.
When a project or program is transferred to the economic
development authority, the authority shall covenant and pledge
to perform the terms, conditions, and covenants of the bond
indenture or other agreements executed for the security of any
bond~ issued by the governmental subdivision that initiated the
project or program. The economic development authority may
exercise all of the Dowers necessary to perform the terms,
conditions, and covenants of any indenture or other agreements
executed for the security of the bonds and shall become
obligated on the bonds when the project or progra~ is
transferred as provided in this subdivision.
If the city transfers a housing project or a housing
development project to the economic development authority, the
city must transfer all housing development and ~anagement powers
relating to that specific project to the authority.
Subd. 3. Transfer of personnel. Notwithstanding any
other law or charter provision to the contrary, the city council
may, by resolution, place any employees of the housing and
redevelopment authority under the direction, supervision~ or
control of the economic development authority. The placement of
any employees under the direction, supervision, or control of
the economic development authority does not affect the rights'of
any employees of the housing and redevelopment authority,
including any rights existing under a collective bargaining
agreement or fringe benefit plan. The e~ployees shall become
employees of the economic development au(hority.
HIST: 1987 c 291 s 95; 1990 c 532 s 11,12
==469.095
469.095 Commissioners; appointment, terms, vacancies,
pay, removal.
Subdivision 1. Commissioners. Except as provided in
subcLtvlsion 2, paragraph (d), an economic development authori=y /
shall consist of either three, five, or seven commissioners who
shall be appointed after the enabling resolution provided for in
section 469.093 becomes effective. The resolution must indicate
the number of conunissioners constituting the authority.
Subd. 2. Appointment, terms; vacancies. (a)
Three-member authority: the commissioners constituting a
three-member authority, one of whom must be a member of the city
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council, shall be appointed by the manor with the app=oval of
the city council. Those initially appointed sha~l be appointed
for ter~s of two, four, and six years, respectively. Thereafter
all commissioners shall be appointed for six-year terms.
(b) Five-m_~mHer authority: the co~-.4ssioners constituting
a £ive-m~-Ber authority, two of whom must be ~mHers of the city
council, shall be appointed by the mayor with the approval Of
the city council. Those initially appointed shall be appointed
for terms of two, three, four, five, ~nd six y~ars
respectively. Thereafter all commissioners shall be appointed
for six-year terms.
(c) Seven-m~--~er authority: 'the commissioners constituting
a seven-member authority~ two of whom must be m~-~ers of the
city council, shall be appointed by the mayor with the approval
of the city council. Those in/tially appointed shall be
appointed for terms of one, cwo, three, four, and five years
respectively and two m~-~ers for six years. Thereafter all
commissioners shall be appointed for six-year terms.
(d) The enabling resolution may provic~ that the m~mhers of
the city council shall serve aa the commissioners.
(e) The enabling rmsolution may provide for the appointment
of members of the city council in excess of the number required
in paragraphs (a), (b), and (c).
..
(f) A vacancy is created in the membersb_ip'of an authority
when a city council member of the authority ~nds council
membership. A vacancy for this or a~other reason must be filled.
for the balance of the unexpired tam, in the manner in which
the original appointment was made. The city council may set the
-term of the commissioners who are members of the city council'to
coincide with their term of office as m~mhers of the city
council. .
Subd. 3. Increase in commission m~bers. 'An
authority m~y be increased from three to five or seven m~m~ers,.
or from five to seven me~bers by a resolution adopted by the
city council following the procedure provided for modifying the
enabling resolution in section 469.093.
Page 96 o
'258
Subd. 4. C~ensation and re!mku~rs~mant. A
commissioner, including the president, shall be paid for
a~tending each regular or ~pecial meeting of the authority'i_~ an
amount to be determined by the city council. In addition to
receiving pay for meetings, the com~sslonersmay be reimbursed
for actual expenses incurred in doing official business of the
authority. All money paid for compensation or reimbursement
mu~t be paid out of the authority's budget.
Subd. 5. Removal for cause. A commissione~may be
removed by the city council for inefficiency, neglect of duty,
or misconduct in office. A commissioner shall be removed only
after a hearing. A co~y of the charges must be given tu the
commissioner at least ten days before the hearing. The
co--,4ssioner must be given an opportunity to be heard in person
or by co,~el at ~he hearing. When written charges have been
submitted against a commissioner, the city council may
temporarily suspend the commissioner. If the city council finds
that those charges have not been s~bstantiated, the cc,~m~ssioner
shall be ~mmediately reinstated. If a commissioner is removed,
a record o£ the proceedings, together with ~he charges and
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Page 97 of 258
findings, shall be filed in the office of the city clerk.
HIST: 1987 c 291 s 96
~-469.096
469.096 Officers; duties; organizational matters.
Subdivision 1. Bylaws, rules, seal. An authority may
adopt bylaws and rules of procedure and shall adopt an official
seal.
Subd. 2. Officers. An authority shall elect a
president, a vice-president, a treasurer, a secretary, and an
assistant treasurer. The authority shall elect-the president,
t~easurer, and secretary annually. A commissioner must not
serve as president and vice-president at the ~ame time. The
other offices may be held by the same commissioner. The offices
of secretary and assistant treasurer need not be held by a
commissioner.
Subd. 3. Duties and powers. The officers have the
usual duties and powers of their offices. They may be given
other duties end powers by the authority.
Subd. 4. Treasurer's duties. The treasurer:
(1) shell receive and is responsibIe for authority moneyt
(2) is responsible for thm acts of the assistant treasurer;
(3) shall disburse authority money by .check only;
(4) shall keep an account of the sou=ce of all receipts,
and the nature, purpose, and authority of all disbursements; and
(5) shall file the authority's detailed financial statement
wi~h its secretary at least once a year at times set by the
authority.
Subd. 5. Assistant treasurer. The assistant
treasurer has the powers and duties of the treasurer if the
treasurer is absent or disabled.
Subd. 6. Treasurer's bond. The treasurer shall give
bond to the state conditioned for the faithful discharge of
official duties. The bond must be approved as to form and
surety by the authority and filed with the secretary. The bond
must be for twice the amount of money likely to be on hand at
any one time, as determined at least annually by the authority
provided that the bond must act exceed $300,000.
Subd. 7.
money.
Public money. Authority money is public
Subd. 8. Checks. An authority check must be signed
by the treasurer and one other officer named by ~he authority in
a resolution. The check mus~ state the name of the payee mhd
the nature of the claim that the check is issued for.
Subd. 9. Flnmncial statement. The authority's
detailed financial statement must show all receipts and
disbursements, their nature, the money on hand, the purposes to
which the money on hand is to be applied, the authority's
credits and assets, and its outspending liabilities in a form
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required for the cLty's financial statements. The authority
shall examine the statement together with the treasurer's
vouchers. If the authority finds that the statement and
vouchers are correct, it shall approve them by resolution and
enter the re~olution in its records.
HIST: 1987 c 291 s 97
--469. 097
469.097 ~mplolmes; services; supplies.
Subdivision 1. Employees. An economic development
authority may employ an executive director, a chief engineer,
other technical expe~cs and agents, and other.~mployees as it '
~ay require, and determine their duties, q~ali£ications, and
compensation.
Subd. 2. Contract for ~ervices. The authority may
contract for the services of consultants, agents, public
accountants, and other p~rsonfl needed to perform its duties and
exercise its powers.
Subd. 3. Legal services. The authoritymay use the
services of the city attorney or hire a g~neral counsel ~or its
legal needs. The city attorr~y or general counsel, as
determined by the authority, is its ~ef l~gal advisor.
subd. 4. Supplies. The authority may purchase the
Supplies and materials it needs tO carry out sections 469.090 to
469.108.
Subd. 5. City purchasing. An authority may us~ the
facilities of its city's purchasing department in connection
with construction work and to purchase equipment, supplies, or
materials.
Subd. 6. City facilities, services. A cltymay
furn/sh offices, structures and space, and stenographic,
clerical, engineering, or other assistance to its authority.
Subd. 7. Delegation power. The autho=ity may
delegate to one or more of its agents or employees powers or
duties as it may dee~ proper.
HIST: 1987 c 291 s 98
~=~469. 098
469.098 Conflict of interest.
Except ns authorized i~ section 471.88 a commissioner,
officer, or employee of an authority must not acquire
financial interest, direct or indirect, in any project or in any
property included or plak-ned to ba included in any project, nor
shall the person have any financial interest, direct or
indirect, in any contract or proposed contract for ~aterials or
service to be furn/shed or used in connection with any project.
HIST: 1987 c 291 s 99
~469.099
469.099 D~positories~ default; collateral.
Subdivision 1. Named; bond. Every two y~ars an
authority shall nam~ national or state banks within the state as
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depositories. Before acting a5 a depository, a named bank shall
give the authority a bond approved as to form and surety by the
euthority. The bond must be conditioned for the safekeeping and
prompt repayment of deposits. The amount of bond must be at
least equal to the maximum su~s expected to be d~posited at any
one time.
Subd. 2. One bank account. An authority may deposit
all its money from any source in one bank account.
Subd. 3. Default1 collateral. Whe~ authority funds
are deposited by the treasurer in a bonded depository, the
treasure~ and the surety on the treasurer's official bond are
exempt from liability for the loss o£ the deposits because of
the failure, bankruptcy, or other act or default of the
depository. However, an authority may accept assignments o£
collateral from its depository to secu=e deposits just as
assignments of collateral are permitted by law to secure
deposits of the authority~s uity.
HIST: 1987 c 291 s 100
=-469.100
469.100 Obligations.
Subdivision 1. Taxes and assessments prohibited. An
authority must not levy a tax or special assessment, except as
otherwise provided in sections 469.090 to 469.108, pledge the
credit of the state or the state's municipal corporations or
other subdivisions, or incur an obligation enforceable on
property not owned by the authority.
Subd. 2. Budget to city. Annually, at a time fixed
by charter, resolution, or o.=dinance of the city, an authority
shall send its budget to its city's council. The budget must
include a detailed written estimate of the amount of money that
the authority expects to need from the city to do authority
business during the next fiscal year. The needed amount is what
is needed in excess of any expected receipts from other sources.
Subd. 3. Fiscal year. The fiscal year of the
authority must be the same as the fiscal year of its city.
Subd. 4. Report to city. Annually, at a time and in
a form fixed by the city council, the authority shall make a
written report to the qouncil giving a detailed accost o£ its
activities and of its receipts and expenditures during the
preceding calendar year, together with additional matters and
recommendations it deems advisable £o~ the econom/c development
of the city.
S~bd. 5. Aud/ts. The financial statements of the
authority must be prepared, audited, filed, and published or
posted in the manner required for the financial statements of
the city that established the authority. The financial
statements must permi~ comparison and r~¢onciliation with the
city's accounts and financial reports. The report must be filed
with the state auditor by June 30 of each year. The auditor
shall review the report and may accept it or, in the public
interest, audit the books of the authority.
iubd. 6. Compliance examinations. At the request of
the city or upon the auditor's initiative, the state auditor may
make a legal compliance examination of the authority for that
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city. Each authority examined must pay the total cost of the
e~m4nation, including the salaries paid to the examiners while
sc~ually engaged in making the examination. The state auditor
may bill monthly or at the completion of the audit. All
collections received must be deposited in the general fund.
HIST: 1987 c 291 s 101~ 1959 c 335 art 4 s 88
--469.101
469.101 Powers.
Subdivision 1. Establishment. An econcmutc
development authority may create and define the boundaries of
economic development districts at any place or places within the
city if the district satisfies the requirements of section
469.174, subdivision 10, except that the district bounS~vies
must be contiguous, and may use the powers granted in sections
469.090 to 469.105 to carry out its purposes. First the
authority must hold a ~bllo hearing on the matter. At least
ten days before the hearing, the authority shall publish notice
of the hearing in a daily newspaper of g~neral circulation in
the city. Also, the authority shall £~nd that an economic
development district is proper and desirable to establish and
develop within the city.
Subd. 2. Acquire property. The econ-=Lc development
authority may acquire by lease, purchase, gift, devise, or
condemnation proceedings the needed right, title, and interest
in property to create econcm~Lc development districts..It shall
pay for the property out of money it receives under sections
469.090 to 469.108. It may hold and dispose of'the property
subject to the limits and conditions in sections 469.090 to
469.108. The title to prope=ty acqu/red by condmmnation or
purchase must be in fee s~m~.le, absolute. The authority may
accept an interest in property aoquired in another way subject
to any condition of the grantor or donor. The condition must be
consistent with the proper use of the property under sections
469.090 to 469.108. Property acquired, owned, leased,
controlled, u~ed, or occupied by the authority for any of the
purposes of this section is for public governmental and
~unicipal purposes and is exempt from taxatio~ by the state or
by its political s~bdivisions, except to the extent that the
property'is subject to the sales and use tax under chapter
297A. The exe~ption applies only wbuLle the authority holds
property for its own purpose. The exemption is subject to the
provisions of section 272.02, subdivision-39. When the property
is sold it becomes subject to taxation.
Subd. 3. Options. The economic development authority
may sign options to purchase, sell, or lease property.
Subd. 4. Eminent domain. The economic development
authority may exercise th. right of eminent domain under chapter
117, or under its city's charter to acquire property it is
authorized to acquire by condemnation. The authority may
acquire in ~his way property acquired by its owner by ~Lnent
domain or property already devoted to a public use only if its
ci=y's council approves. The authority may take possession of
property to be condemned after it files a petition in
condemnation proceedings describing the property. The authority
may abandon th~ condemnation before taking possession.
Subd. 5. Contracts. The econo~ic development
authority may make contracts for the purpose of economic
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development within the powers given it in sections 469.090 to
469.108. The authority may contract or arrange with the federal
government, or any of its departments, with persons~
corporations, the state, or any of its political subdivisions,
commissions, or agencies, fo.; separate or Joint action, on any
matter related to using the authority's powers or performing its
duties. The authority may contract to purchase and sell real
and personal property. An obligation or expense must not be
incurred unless existing appropriations together with the
reasonably expected revenue of the authority from other sources
are ~ufficlent to discharge the obligation or pay the expense
when due. The state and its municipal subdivisions are not
liable on the obligations.
Subd. 6. Limited partner. The economic development
authority may be a limited part,er in a partnership whose
purpose is consistent with th~ authority's purpose.
Subd. 7. Rights; easements. The economic development
authority may acquire rights or an easement for a term of years
or perpetually for development of an economic development
district.
Subd. 8. Supplies; materials. The economic
development authority may buy the supplies and materials it
needs to carry out this section.
Subd. 9. Receive public property. The economic
development authority may accept land, money, or other
assistance, whether by gift, loan or otherwise, in any form from
the federal or state government, or an agency of either, or a
local subdivision of state government to carry out sections
469.090 to 469.108 and to acquire and develop an economic
development district and its facilities under this section.
Subd. 10. Development district authority. The
economic development authority may sell or lease land held by it
for economic development in economic development districts. The
authority may acquire, sell, or lease single or multiple tracts
of land regardless of size, to be developed as a part of the
Qconomic development of the district under sections 469.090 to
469.108.
Subd. 11. Foreign trade zone. The economic
development authority may apply to the board defined in United
States Code, title 19, ~ection 8la, for the right to use
powers provided in United States Code, title 19, sections 81a to
81u. If the right is granted, the authority may use the
powers. One authority may apply with another authority.
Subd. 12. Relation to other redevelopment powers.
The economic development authority may exercise powers and
duties of a redevelopment agency under sections 469.152 ~o
4§9.165, for a purpose in sections 469.001 to 469.047 or 469.090
to 469.108. The authority may also use the powers and duties'in
sections 469.001 to 469.047 and 469.090 to 469.108 for a purpo~
in sections 469.152 to 469.165.
Subd. 13. Public facilities. The authority may
operate and maintain a public parking facility or other public
facility ~o promote development in an economic development
district.
Subd. 14. Government agent. An economic development
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authority may cooperate with or act as agent £or the federal or
the state goverrd~ent, or a state public body, or an agency or
instrumentality of a government or a public body to carry out
sections 469-090 to 469.108 or any other related f,deral, state,
or local law in the area of economic development district
improvement.
Subd. 15. Studies, analysis, research. An authority
may study and analyze economic development neects in the city,
and ways to meet the needs. An authority ~ay study the
desirable patterns for land use for economic development and
commun/ty ~rowth and other factors affecting local economic
development in the city and make the result of the studies
available to the public and to industry in general. An
authority may engage in research and diss-mtnate in£ormation on
economic development within the city.
Subd. 16- Public relations. To further ~n authorized
purpose, an authority may (1) Join an official, industrial,
commercial, or trade association, or another organization
concerned with the purpose, (2) have a reception of officials
who may contribute to advanciDg the city and its economic
development, and (3] carry out other public relations activities
to promote the city and its economic development. Activities
under this subdivision have a public purpose.
Subd. 17. Accept public land. An authority~ay
accept conveyances of land from all other public agencies,'
commissions, or other %lnit$ of government, if the land can.be
properly used by the authority in an economic development
district, to carry out the purposes of sections 469.090 to
469.108.
Subd. 18. Economic d~velopment. An authority may
carry out the law on econom/c development districts to develop
and improve the lands in an econ~m/c development district to
make i2 suitable and available for .economic development uses and
purposes. A~ authority may fill, grade, and protect the
property and do anything necessary and expedient, after
acqulri~g the property, to make it suitable and attractive as a
tract for economic development. An authoritymay lease some or
all of its lands or property and may set up local improvement
districts in all or part of an economic development district.
Subd. 19. Loans in anticipation of bonds. After
authorizing bonds under sections 469.102 and 469.103, an
authority may borrow to provide ~oney immad/ately required for
the bond purpose. The loans must not exceed the amount of the
bonds. The authority shall by resolution decide the terms of
the loans. The loans must be evidenced by negotiable notes due
in not more than 12 months from the date of the loan payable to
the order of the lender or to bearer, to be repaid with interest
from the proceeds of the bonds when the bonds are issued and
delivered to the bond purchasers. The loan must not be obtained
from any co~uissioner of the authority or f~om any corporation,
association, o= other in~titution of which an authority
com=issioner is a stockholder or officer.
subd. 20. Use of proceeds. The proceeds of
obligations issued by an authority under section 469.103 and
temporary loans obtained under subdivision 19 may be used to
make or purchase loans for economic development facilities that
the authority believes wii1 require financing. To make or
purchase the loans, the authority may enter into loan and
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related agreements, both before and after issuiug the
obligations, with persons, firms, public or private
corporations, £ederal or state agencies, and governmental units
under terms and conditions the authority considers appropriate.
A governmental unit in the state may apply, contract for, and
receive the loans. Chapter 475 does not apply to the loans.
subd. 21. Repealed, 2000 c 490 art 11 s 44
Subd. 22. Secondary market. An authority may sell,
at private or public sale, at the price or prices determined by
the authority, any note, mortgage, lease, sublease, lease
purchase, or other instrument or obligation evidencing or
securing a loan made for the purpose of economic development,
Job creation, redevelopment, or community revitalization by a
public agency to a business, for-profit or nonprofit
organization, or an individual.
Subd. 23. Supplying small business capital.
Notwithstanding any contrary law, the authority may participate
with public or private corporations or other mntities, whose
purpose is to provide seed or venture capital to small
businesses that have facilities located or to be located in the
district. For that purpose the authority may use not more than
ten percent of available annual net income or $1,000,000
annually, whichever is less, to invest in equities or acquire
equity-type investments. These. investments can be mede directly
in eligible corporations or entities or acquired through
participation in a public or private seed oF venture capital
fend. The participation by the authority may not exceed in any
year 25 percent of the total amount of funds provided for
venture or seed capital purposes by all of the participants.
The corporation, entity, or fund shall report in writing each
six months to the commissioners of the authority all investments
and other action taken by it since the last report. Funds
contributed to the corporation or entity must be invested pro
rata with each contributor of capital taking proportional risks
on each investment. As used in this subdivision, the term
"small business" has the meaning given it in section 645.445,
subdivision 2.
HIST: 1987 c 291 s 102; 1988 c 580 s 5; 1991 c 295 S 2; 1992 c
363 art 1 s 13; 2000 c 418 art 2 s 7
=469.102
469.102 General obligation bonds.
subdivision 1. Authority; procedure. An economic
development authority may issue general obligation bunds in the
principal amount authorized by two-thirds majority vote of its
city's council. The bonds may be issued in anticipation of
income from any source. The bonds may be issued: (1) to secure
funds needed by the authority to pay for acquired property or
(2) for other purposes in sections 469.090 to ~69.108. The
bonds must be in the amount and form and bear inter,st at the
rage set by the city council. Excep~ es oth~rwise provided in
sections 469.090 to 469.108, the issuance of the bonds is
governed by chapter 47~. The authority when issuing the bonds
is a municipal corporation under chapt.er 475.
Subd. 2. Detail; maturity. The authority with the
consent o~ its city's council shall set the date, denominations,
place of payment, form, and details of the bonds. The bonds
must mature serially. The first installment is due in not more
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than three years a/Id the 'last in not more than 20 years from the
date of issuance.
Subd. 3. Slgnatures~ coupons; liability. The bonds
must be signed by the president of the authority, be attested by
its secretary, and be co~nte=signed by its treasurer~ the
signatures may be facsimile signatures. The interest co~pons if
any, must be attached to the bonds. The coupons must be
executed and authenticated by the printed, engrossed, or
lithographed facsimile signature of the authority~s president
and secretary. The bonds do not ~p. ose any personal liability
on a member of ~he authority.
Subd. 4. Pledge. The bonds must be secured by the
pledge of the ~ull faith, credit, and resources of the issuing
authority's city. The authority may pledge th~ full £aith,
credit, and resources of the city only if the city specifically
authorizes the authority to do so. The city council must first
decide whether the lssuanc* of the bonds by the authority is
proper in each case and if so, the amount of bonds to issue.
The city council shall give specific consent in an ordinance to
the pledge of the city's full faith, credit, and resources. The
authority shall pay the principal amount of the bonds and the
interest on it from taxes levied under this section to make the
payment or from authority income from any source.
Subd. 5. Tax levy. A~ authority that issue5 bonds
under this section, shall, before issuing them, levy a tax for
each year on the taxable property in the authority's uity. The
tax must be for at least fiv~ percent more than the amount
required to pay the principal a~d interest on the bonds as the
principal and interest mature. The tax must he levied annually
until the principal and interest are paid in full. After the
bonds have been delivered to the purchasers, the tax must not be
repealed until the debt is paid. After the bonds are issued,
the authority need not tak~ anymore action to authorize
extenc~ng, assessing, and collecting the tax. On or before
September 1~, the authorlty's secretary shall send a certified
copy of the levy to the county auditor, together with full
inform2tion on the bond~ for which the tax is levied. The
county auditor shall extend and assess the levied tax azlnually
until ~he principal and interest are paid in fLtll. The
authority shall transfer the surplus from the excess levy An
this section to a sinking fund after the principal and interest
for which the tax was levied and collected is paid. Thc
authority may direct its secretary to send a certificate to the
county auditor before Septe~0er 15 Ln a year. The certificate
must state how much available income, incluck[ng the amount in
the sinking fund, the authority will usa to pay principal or
interest or both on each specified issue of the authority's
bonds. The auditor shall then reduce the bond levy for that
year by that amount. The authority shall then set aside the
certified amount and may not use it for any purpose except to
pay the principal and interest on rahs bor~s. The taxes in this
section shall be collected .and sent to the authority by the
county treasurer as provided in chapter 276. The taxes must be
used only to pay the bonds When due.
Subd. 6. Authorized securities. Bonds legally issued
under this chapter are authorized securities under section
50.14. A savings bank, trust ccampany, or insurancm c~mpanymay
invest in them. A public or mun~cipal corporation may invest
its sinking funds in them. The bonds may be pledged by a bank
or trust company as security for the deposit of public money in
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place of a surety bond.
The authori~y's bonds are instrumentalities of a public
governmental agency.
HIST: 1987 C 291 s 103; 1994 O 416 art 1 s 49; 1995 c 256 s 9
--469.103
469.103 Revenue bonds; pledge; covenants.
Subdivision 1. Authority. An economic development
authority may decide by resolution to issue its revenue bonds
either at one time or in series from time to time. The revenue
bonds may be issued to provide money to pay to acquire land
needed to operate the authority, to purchase or construct
facilities, to purchase, constr~ct, install, or furnish capital
equipment to operate a facility for economic developn~nt of any
kind within the city, or to pay to extmnd, enlarge, or improve a
project under its control. The issued bonds may include the
amount the authority considers necessary to establish an initial
reserve to pay principal and interest on the bonds. The
authority shall state in a resolution how the bonds and their
attached interest coupons are to be executed.
Subd. 2. Form. The bonds of each'series issued by
the authority under this section shall bear interest at a rate
or rates, shall mature at the time or times within 20 years from
the date of issuance, and shall be in the for~, whether payable
to bearer, registrable as to principal, or fully registrable, as
determined by the authority. Section 469.102, subdivision 6,
applies to all bonds issued under this section, and the bonds
and their coupons, if any, when payable to bearer, shall be
negotiable instruments.
Subd. 3. Sale. The sale of revenue bonds issued by
=h~ authority shall be at public or private sale. The bonds may
be sold in the manner and for the price that the authority
determines to be for the best interest of the authority. The
bonds may be made callable, and if so issued, ~ay be refunded.
Subd. 4. Agreements. The authority may by resolution
make an agreement or covenant with the bondholders or their
trustee. The authority must first decide that the agreement or
covenant is needed or desirable to do what the authority may do
under this section and ~o assure that the revenue bonds are
marketable and promptly paid.
Subd. 5. Revenue pledge. In issuing general
obligation or revenue bonds, the authority may secure the
payment of the principal and the interest on the bonds by a
pledge of and lien on authority revenue. The revenue must come
from the facility to be acquired, constructed, or improved with
the bond proceeds or from other factli~ies named in the
bond-authorizing resolutions. The authority also may secure the
payment with its promise to impose, maintain, and collect enough
rentals, rates, and charges, £or the use and occupancy of the
facilities and for services furnished in connection with the use
and occupancy, to pay its current expenses to operate and
maintain the named facilities, and to produce and deposit
sufficient net revenue in a special fund to meet the interest
and principal requirements of the bonds, and to collect and keep
any more money required by the resolutions. The authority shell
decide what constitutes "current expense" under this subdivision
based on what is normal and reasonable under generally accepted
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accounting principles. Revmnues pledged by the authority must
~ot be used or pledged for any other authority purpose or to pay
any other bonds issued under this section or under section
469.102, unless the other use or pledge is specifically
authorized in the bond-authorizing resolutions.
Subd. 6. Not city debt. Revenue bonds issued under
this section are not a debt of the authority's city nor a pledge
of that city's full faith a~d credit. The bonds are payable
only from proJect revenue a6 described in this section. A
revenue bond mu~t contain on its face a statement to the effect
that the economic development authority and its city do not have
to pay the bond or the interest on it except from revenue and
that the faith, credit, and taxing power of the city are no=
pledged to pay the principal of or the interest on the bond.
Subd. 7. Not appiicable. Sections 469.153,
subdivision 2, paragraph (e), and 469.154, subdivisions 3, 4,
and 5 do not apply to revenue bonds issued under =his section
and sections 469.152 to 469.165 if the interest on the revenue
bonds is s~bJect to both state and £ed~ral income tax or if the
revenue bond proceeds are not loaned by the authority to a
prlvate person.
Subd. 8. Tax increment bonds..Obligations secured or
payable from tax increment revenues and issued pursuant to this
section or section 469.102 are sub~ec~ to the provisions of
section 469.178.
HIST: 1987 c 291 s 104
--469.104
469.104 Sections that apply if federal l~t applies.
Sections 474A.01 to 474A.21 apply to obligations issued
under sections 469.090 to 469.108 that are l~m~ted by a federal
l~m~tatlon act as defined in section 474A.02, subd/vision 9, or
existing federal law as defined in section 474A. 02, subdivision
8.
HIST: 1~87 c 291 s 105
--469.105
469.105 Sale of property.
Subdivision 1.' Power. An economic davelopment
authority may sell and convey property owned by it within the
city or an econo~[c develo~mnt d~strict if it determines that
thm sale and conveyance are in the best interests oX the city or
district and i~s people, and that the transaction furthers its
general plan of economic development. This section is not
l~m{ted by other law on powers of economic development
authorities.
Subd. 2. Notice; hearing. An authority shall hold a
hearing on the sale. At the hearing a taxpayer may testify for
or against the sale. At least ten, but not more than 20, days
before the hearing the authority shall publish notice of the
hearing on the proposed sale in a newspaper. The newspaper must
be published and have general circulation in the authority's
county and city. The notice must describe the proper~y to be
sold and state the time and place of the hearing. The notice
must also state that the public may see the te~ and conditions
of the sale at the authority's office and that at the hearing
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authority will meet to decide if the sale is advisable.
Subd. 3. Decision; appeal. The authority shall make
its findings and decision on whether the sale is advisable and
enter its decision on its records with/n 30 days of the
hearing. A taxpayer may appeal the decision by filing a notice
of appeal with the district court in the city or economic
development district's county and serving the notice on the
secretary of the authority, within 20 days after the decision is
entered. The only ground for appeal is that the action of the
authority was arbitrary, capricious, or contrary to law.
Subd. 4. Terms. The ter~s and conditions of sale of
the property must include the use that the bidder will be
allowed to make of it. The authority may require the purchaser
to file security to assure that the pro~erty will be given that
use. In deciding the sale terms and conditions the authority
may consider the nature of the proposed use and the relation of
the use to the i~provement of the authority's city and the
business and the facilities of the authority in general. The
sale must be made on the authority's terms and conditions. The
authority may publish an advertisement for bids on the property
at the same time and in the same ~anner as the notice of hearing
required in this section. The authority may award the sale to
the bid considered by it to be most favorable considering the
price and the specified intended use. The authority may also
sell the property at private sale at a negotiated price if after
its hearing the authority considers that sale to be in the
public interest and to further the aims and purposes of sections
469.090 to 469.108.
Subd. 5. One-year deadline. Within one year from the
date of purchase, the purchaser shall devote the property to its
intended use or begin work on the improvements to the property
to devote it to that use. If the purchaser fails to do so, .the
authority may cancel the sale and title to the property shall
return to it. The authorit~ may extend the time to comply with
a cond/tion if the purchaser has good cause. Yhe terms of sale
may contain other provisions that the authority considers
necessary and proper to protect the public interest. A
purchaser must not transfer title to the property within one
year of purchase without the consent of the authority.
Subd. 6. Covenant running with the land. A sale made
under this section must incorporate in the deed as a covenant
run~ing with the land the conditions of sections 469.090 to
469.108 relating to the use of the land. If the covenant is
violated the authority may declare a breach of the covenant and
seek a Judicial decree from the district court declaring a
forfeiture and a cancellation of the deed.
Subd. 7. Plans; specifications. A conveyance must
not be made until the purchaser gives the authority plans and
specifications to develop thm property sold. The authority must
approve the plans and specifications in writing. The authority
may rewire preparation of £~nal plans and specifications before
the hearing on the sale.
HIST: 1987 c 291 s 106
-=469.106
469.106 Advances by authority.
An authority may advance its general £und money or its
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credit, or both, without interest, for the objects and purposes
of sections 469.090 to 469.108. The advances must be repaid
from the sale or lease, or both, of developed or redsveloped
lands. If the money advanced for the development or
redevelopment was obtained from the sale of the authority's
general obligation bonds, then the advances mus~ have not less
than the average annual interes~ ret, tha~ is on the authority's
general obligation bonds that are outstanding, at the ti~e the
advances ere made. The authority may advance repaid money for
more objects and ~urposes of seotions 469.090 to 469.108 subject
to repayment in the same manner. The authority must still use
rentals of lands acquired with advanced money to collect and
maintain reserves to secure the payment of principal and
interest on revenue bonds issued to finance economic development
facilities, if the rentals have been pledged for that purpose
under section 469.103. Advances made to acquire lands and to
constr~ct facilities for recreationpurposes if authorized by
law need no= be reimbursed under this section. Sections 469.090
to 469.108 do not exempt lands leased from the authority to a
private person, or entity from assessments or taxes against the
leased property while the lessee is liable for the assessments
or taxes under the lease.
HIST: 1987 c 291 s 107
=-469.107
469.107 City may levy taxes for economic, development
authority.
Subdivision 1. City tax levy. A city may, at the
request of the authority, levy a tax in any year for the benefit
of the authority. The tax mu~t be not more than 0.01813 percent
of taxable market value. The amount levied must be paid by the
city treasurer to the treasurer of the authority, to be spent by
the authority.
Subd. 2. Reverse referendum. A'citymay increase its
levy for economic development authority purposes ~nder
subdivision i in the following way. Its city council must first
pass a resolution stating the proposed amount of levy increase.
The city must th~nD~bllsh the resolution together with a notioe
of public hearing on the resolution for two successive weeks in
its official newspaper or if none exists in a newspaper of
general circulation in the oity. The hearing must be held two
to four weeks, after the first publication. After the hearing,
the city council may decide tO take no action or may adopt a
resolution authorizing the proposed increase or a lesser
increase. A resolution auttlorizlng an increase must be
p~blished in the city's official newspaper or if none exists in
a newspaper of general cl=c%~ation in the city. The'resolution
is no~ effective if a petition requesting a referendum on the
resolution is filed with the city clerk within 30 days of
publicatiou of the resolution. The petition m~st be siqned by
voters equaling five percent of the votes cast in the city in
the last general election. The election must be held at a
general or special election. Notice of the eleotion must be
given in the manner required by law. The notice must state the
purpose and amount of the levy.
HIST: 1987 c 291 s 108; 1988 c 719 art 5 s 84; 1989 c 277 art
4 s 64; 1992 c 511 art 5 s 13
=469.108
469.108 Special law; optional use.
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CAMPBELL KNUTSON
CHANHAS$BN CH ~ 019
Page 109 of 258
A city that has established a port authority by special law
or that has been granted the power to establish a port authority
by special law, or a city whose city council has been authorized
to exercise the powers of a port authority by special law may
elect to use the powers granted in sections 469.090 to 469.108.
If the election is made, the powers and duties set forth in
sections 469.090 to 469.108 supersede the special law and the
special law must not be used after the election. The use of
powers under sections 469.090 to 469.108 by a city described in
this section does not i~peir the security of any obligations
issued or contracts or agreements executed under the special
law. Control, authority, and operation o£ any project may be
transferred to the authority in the manner provided in section
469.094.
HIST: 1987 c 291 s 109
--469.1081
469.1081 Liable lB contract or tort.
Subject to the provisions of chapter 466, an authority
shall be liable in contract or in tort in the same manner as a
private corporation. The commissioners of an authority shall
not be personally liable as such on its contracts, or for torts,
not committed or directly authorized by them. The property or
funds of an authority shall not be subject to attachment, or to
levy and sale on execution, but', if an authority refuses to pay
a Judgment entered against it in any court of competent
Jurisdiction, the district court for the county in which the
authority is situated may, by writ of mandamus, direct the
treasurer of the authority to pay the Judgment from any
unencumbered funds available for that pu~-pose.
HIST: 1991 c 342 s 13
--469.1082
469.1082 County economic development service provider;
nonmetro alternative creation.
Subdivision 1. Authority to create. A county located
outside the metropolitan area may form a county economic
.development authority or grant a housing and-redevelopment
authority the powers specified in subdivision 4, claese (2), if
it receives a recommendation to do so from a committee formed
under subdivision 2. An economic develo~ent authority
established under this section has all the powers and rights of
an authority under sections 469.090 to 469.1081, except the
authority granted under section 469.094 if so limited under
subdivision 4. This section is An addition to any other
authority to create a county economic development authority or
service provider.
Subd. 2. Local committees. Upon notice to all local
government units and development agencies within the county, a
county may adopt a resolution ko create a committee to recommend
options for a county economic development service provider.
The committee shall consist of no fewer than 11 and no more
than 15 members appointed by the county board. At least one
city official, at least one housing and redevelopment official,
aBd at l~ast one township official from the county to be served
by the county economic service provider shall be included on the
committee. MeKbers may also represent school districts,
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CANI'B~.Y. KNUTSON
CHANHAS$1ZN CH ~1020
Page 110 of 258
political subdivisions that currently provid~ services under
sections 469.001 to 469.047 and 469.090 to 469.1081, nonprofit
or for-pro~it housing a~d economic development organizations,
business, and labor organizations located within the-county.
Political subdivision repre~sntativ~s must be selected by their
local governments and must constitute at least ~0 percent of the
total co~ittee me~bersb_tp. The .county may appoint no more than
two county commissioners. The C_~mm~ttee sh~ll select a chair at
its initial meeting.
subd. 3. Committee report. The co.?--{ttee shall issue
its repor~ within 90 days of its initial meeting. The committee
may request one 60-day extension £rom th~ county board. The
report must contain the c<m~tttee's recommendation for the
preferred organizational option for a county economic
development service provic~r, includ/ng the distance of the
radius of the extraterritorial parcel that may be controlled by
each affected city in subdivision 5. This extraterritorial
parcel may not exceed two miles £romthe city boundary. The
report must contain ~rltten findings on issues considered by the
committ~e including, but not limited to, the following:
(1) identification of the current level of economic
development, housing, and community development progr%TM and
services provided by exist~ng'agencies, any existing gaps in
programs and services, and the capacity and ability of those
agencies to expand their activities; ~nd
(2) the recommended organizational option for providing
needed economic development, housing, and community development
services in the mos~ efficient, effeotivemanner.
Subd. 4. Organizational options.. The c..o~mtttee may
only recommend:
(1) establis~ment of a county economic development
authority to operate under sections 469.090 to 469.1081, except
that the county shall not have the powers of section 469.094
without the consent of an existing county housing and
redevelopment authority operating within =hat county. For the
purposes of a county economic development authority~s operation,
the county is considered to be the city and the countY board is
considered to be the city oouncili '
(2) requiring an existing county ho~sing and redevelopment
authority or multicounty housing and redevelopment authority to
operate under sections 469.090 to 469.10811
(3) that the county pursue special l~gislation~ or
(4) no change in the existing structure.
Subd. 5. Area of operation. The a=ea of operation of
a county economic development service provider created under
this section shall include all cities w~th~n a county that have
adopted re~olu~lons electing to 9ar~l=ipat~. A oi=ymay a~pt
resolution electing to withdraw participation. The withdrawal
electionmay be made every fifth year following adoption of the
resolution electing participation. The .withdrawal election
effective on the anniversary dat~ of the original resolution
provided no, ice is given to the county econo, lc devel~~
authority not less than 90 nor more than 180 days prior to
~iversary date. The city electing to withdraw retains any
rights, obligations, a~d liabilities it obtained or incurred
,
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CAIiPBELL KNUTSON
-~ CH~'HASSEN CH ~
Pagc 1 ! 1 of 258
during its participation. Any city within the county'shall have
the option to adopt a resolution to prohibit the county economic
development service provider =rested under this section from
operating within its boundarY.es and (1) within an agreed upon
urban service erea, or (2) within the boundary approved in the
committee report referenced in subdivision 3. If a city
prohibits a county economic development service provider created
under this section from operating within its boundaries, the
city's property taxpayers shall not be subject to the property
tax levied for the county economic development service provider.
Subd. 6. City economic development authorities. If a
county economic development service provider has been
established under this section, existing city econom/c
development authorities shall continue to function and operate
under sections 469.090 to 469.1081. Additional city economic
development authorities may be created within the area of
operation of the county economic development service provider
created under this section without the explicit concurrence of
the county economic develo~ent service provider.
Subd. 7. Continuation of existing county and
multicounty housing and redevelopment authorities. Existing
county and multicou~ty housing and redevelopment authorities
shall continue to function and operate under the provisions of
sections 469.001 to 469.047.
HIST: 2000 c 484 art 1 s 4
109
~ose. h~~
The legislature finds that t ets in the $tate
certain areas of substantial an percent unemployment
the
hardship ti many individuals an ir~lies and that there
where
also exist .sin rural areas derelict and
redevelo* ~ould beencouraged. The legislature finds that
state g
powers and :les of th 'overnme~d local
:ommunities, in ~ration with the federal
gover~t, should
chron~
.ssist rural areas ~s of substantial and
nemployment in ~ Lnd financing economic '~nt by
:e enterprise, those areas to enhance
)erity by the estab o5 stable and diversified
!oncmies, and to provide Dew opportunities througk
development and expansion of or existing facilities and
islature finds that the sst of local or
ional redevelopment agencies in .ts having the
~r to ace build, lease, sell, or provide
.nt$ and faci for industrial, or
~1 will create new employment
redevelopmen' rural areas and of
[erdeveloped areas in ~ate, and that ~he accompl
these objectives is a for which public
)ent.
HIST: 291 s 110
~9.110
469.110 De
Subdivision 1. Generally. sections 469.109 to
469.123, the terms defined in this section have the meanings
http://www .revisor. 1 eg.statc.mn.us/c2i-Mn/getstatchap.pl 9/19/01
Cr 0F
PO Box147
C. izdazu~ Minnesota 55317
952.93Z 1900
952.937.5739
95293Z9152
952.934.2524
wu, m ci. chanhaue~, mn. us
lVWMORANDUM
TO: Todd Gt'r~ City Manager
FROM: Teac, sa $. Burgess, Public Works Director/City Eu~n~
DATE: September 19, 2001
SUBJ: Approve Variance Requests for Sump Ptm~ Ordinance
Project 96-21
Requested Action
City Council is recomm~ded to approve the four requested variances.
Discussion
The City of Chanhassea has an ordinance that proN'bits discharge of water from sump
pumps into thc sanitary sewer system. The ordinance does allow for exceptions. The
City has completed the 2001 sump pump. inspections and has identified several properties
that are not in compliance with the ordinance. Three of.those properties have requested a
properties were e, onstxucted prior to the ordinan~ adoption. Staff has reviewed the
requests and recommends approval of the variances.
The ordinance directs that the propetW owner pay an additional fee based on the number
of gallons pumped into the sanitary .sewer. In the past, the City has .attempted to meter
the amount of flow discharged into the system by a sump pump. The City has been
unable to find a metering system at a reasonable cost that is capable of handling the
amount of sand and silt ~)mm~y found in sump pump discharge. For that reason, slaff
recommends a flat rate of $10/month ($30/quarter) be charged for tbe additional flow.
This amount is based on the following:
$2.60/1,000 gallons pmnped (current sewer rate)
Assuming an average 5 gallons per hour
5 (hours) x 24 (hours in a day) x 30.5 (days in a month) = 3,660 gallons
3.66 (thousand gallons) x $2.60 = $9.52
Rounding up = $10.00 p~r month
Staff recommends that this amount be Mjusted appropriately ff the current sewer rate is
aajusaxt
Attachments:
1. Memonm~ dated Angust 21, 2001
2. Letters ~ ~ ~ers
3. Ordinance
Bill Bement, Engineering Technidan IV~
Nina Helseth, Eugin~ Intern
gfleng~publick96-21~ppmve vm'im~es.Ol.doc
C OF
CHA SEN
PO &x147
C, tnmhuu, n, Minn~ta 55317
952.93Z1900
952.93Z5739
952.93Z9152
952.934.2524
www. cl. dmnlmssen, mn. ns
MEMOI~UM
TO:
FROM:
DATE:
SUB J:
Teresa Burgess, City Engineer/Public Works Director
Nina Helseth, Engineering Intern
August 21, 2001
Requests for Variances - Sump Pump Project No. 95-21
As you know, there were three residents that have sent letters requesting permanent
variances. Bill, you or myself, have inspected each of these homes.. Each home has a
practical reason for requesting the variance. I will address each home separately as follows:
8012 Dakota Avenue
The gentleman that Bill and I spoke to during the inspection, Paul O'Dell, the owner of the
home, informed us that his home is located in the lowest region in the neighborhood. He also
informed us that he has standing water in his yard during wet seasons and that out letting his
sump pump into his yard would cause further problems. Mr. O'Dell believes that his home is
built atop a spring which causes his sump pump to nm continuously throughout the year.
During the initial inspection, he mentioned that he did receive a quote from a plumber and
that he would need an in-line booster pump to safely handle the situation. Mr. O~Dell
believes this project would be cost prohibitive.
504 West 762 Street
Ken Anenson is the owner of the above-mentioned property that you and I visited. The sump
pun~ is located in the basement bathroom, underneath a sink and next to the water sot%her.
Because of where the sump. pump is located within thc home, plumbing becomes much more
difficult. The cstima~ that the owner has received are cost prohibitive.'
9280 Kiowa Trail
Bill and I inspected this home along with Parody Debner from Building Inspections. Thc
home is an earth-home built into the side of a hill. The sump pump, is located 25 feet below
grade on the north end of the home: The only outside exposure of the home is on the south
side. Due to the design of the home, moving the discharge to the south end of the home is not
feasible. If the system could be plumbed to the exterior of the home, the grade around the
home is such that it would not allow the water to drain away from the house.
Attachment: Letters from Residents
c: Bill Bement, Engineering Technician IV
g:~g~umppump~2001 infohmemo about variance~.doe
July 24,2001
Atm~ion:
Teresa Burgess
Direaor of Public Works/CiW Eagineer
City of Chanlms~n, MN
Variance Request- City of Chanhmsen Ordinance No. 19-44
July 11, 2001 Letter ~ Sump Pmnp Project No. 9621
By thin l~r, a vadance is b~ng requemed to the subject city ordinmc, e. Reasons for th~n request ~re as
summarized under the background of this letter.
During the 1960% the property known as the '~-hrold Kerber Fan" was developed by the Robert Mason
developer into what was known as ".Chanhassen F_mat~." The resulting topo~~ after this
development was finaUzed left the lots now known as 8012 and 8010 Dakota Avem~ as the catch basin
for runoff from the lots on Erie Avenue and the lots to the south of 8012, namely 8014, 8016 and 8018
Dakota Avenue. The following conditions add to and/or are a/gtavat~ by
· 8012 and 8010 Dakota Avenue are the lowest lots in the area and do not have drainage to the
street, i.e., drain file or drain field.
· Soil conditions (heavy clay) does not provide good percol~on, thus water stma~ raflaer than
soaking into the soil.
· A pond/spring(s) existed on the cmrent property (8012/8010) prior to development.
· Sump pump rtms throughout the year...
· To pump the water from tlie sump pit and stay below the fi~mze line, to fiae street drain field
requires ap ro y 100 feet of piping ouOa four (4) 90 &-m e tums. Due to pump
Mad pressure limits, I have 1men told that I would need an in-llne booster pump to sa~ely
hartke this situation.
Mr. Bill Bement and N'ma Helseth inspeemd the 8012 property on June I5, 2001 and saw the area first
hand.
Conclusion;
A viable, ~.,onomical solution is not readily available so as to comply with the ~ ordinance, under
~ conditions. For the known stated _condlti_nnu herein, a vazian~ .qhnuld be granted as ~ by
this letter. If further information is required to sub~ thi~ request, please feel free to contact me.
Tmmk' you in advance for your e. onsider~ion.
Paul C. O'Dell
952-934-6526
CITY OF CHANHASSEN
~-~
AUG 1 0 2001
ENGINEERING DEPT.
August 6, 2001
Teresa Burgess, Public Works Director/City Engineer
City of Chanhassen
Re: Variance on City Ordinance No. 19-44
Dear Ms. Burgess:
I~m writing to request a variance on City Ordinance No. 19-44, specifi-
cally sump pump discharge, for our property at 504 West ?6th Street.
The reasons are as follows:
Since we installed roof gutters in spring, 1999 the sump pump rarely
runs, a marked change from before.
2. The sump pit's location under a sink counter and next to the water
softener make access for re-route work difficult. These conditions
existed prior to our acquisition of the property.
3. We've had plumbers' estimates for a project like this and the cost
is prohibitive.
We made a large home improvement investment with roof gutters two years
ago and we feel the reduction in sump pump activity, along with these
other factors, justify the granting of our request.
Sincerely,
Ken Anenson
504 West 76th Street
934-0484
CiTY OF CHAt~..IASSEN
AUG 0 ? 2001
ENGINEERING DEPT.
Jamie Heilicher
Date: Friday, July 13, 2001
Teresa Bergess
Director of Public Works
City of Chanhassen
690 City Center Drive
Chanhassen, MN 55317
CiTY OF CHANHA~EN
JUL 1 tl ZOO1
RE: Sump Pump Inspection for 9280 Kiowa Trail
Dear Teresa:
I recently received a notice of your intent to levy a surcharge on my property at the
address listed above for non-compliance. This letter will serve as my formal request for a
permanent variance.
In a letter dated 10/31/97 from Anita Benson, an extension was given to my property
in order to determine if a solution was possible. I subsequently meet with most of the
engineering staff and no solution was provided. I was under the impression that a.
permanent variance was issued at that time. I was obvibusly incorrect.
Due to the design of my house, the ability to drain my ~]stean to anywhere except the
sewer system is impossible or at least cost prohibitive. The house is built into a hill and
there is no north, east, or western exposure. The system is 25 feet below ground on the
north wall of the house, and moving the water to the southern exposure is not feasible.
I would be happy to meet with you or your staff to determine if you have any
suggcatiom t~mt may brin~ my house into comp ~liance. I'm confident that you will come
to the same conclusion that Anita and her staff did, and grant the permanent variance~
If you have any questlom or would like to set up a time to meet at the house, piease
call me at your convenience (763-544-76130 x206).
Sincerely
~~~'e Heilich~r '
Hcilieher Faxtea'pris~ - 850 Decatur Av~. N. Mpls., MN ~5427 763-544-7600 ext. 206
Fax 763-593-2762 B-Mail "T~eom"
Sec. 19-44. Prohibited discharges into sanitary sewer system.
(a) No person shall discharge or cause to be discharged any substance not requiring
treatment or any substance not acceptable for discharge, as determined by the city or the
Minnesota Pollution Control Agency, into the sanitary sewer system. Only sanitary
sewage fi:om approved plumbing fixtures may be discharged into the sanitary sewer
system.
(b) No person shall discharge or cause to be discharged, directly or indirectly, any
storm water, surface water, ground water, roof runoff, subsurface drainage, or cooling
water to any sanitary sewer. Any person having a roof drain, sump pump, unauthorized
swimming pool discharge, cistern overflow pipe or surface drain connected and/or
discharging into the sanitary sewer shall disconnect and remove any piping or system
conveying such water to the sanitary sewer system by May 1, 1994.
(c) All construction involving the installation of clear water sump pits shall include a
sump pump with minimum size one and one-half (1-1/2) diameter discharge pipe. The
pipe attachment must be a rigid permanent type plumbing such as PVC or ABS plastic
pipe with glued fittings, copper or galvanized pipe. All discharge piping shall be installed
in accordance with the plumbing code. Discharge piping shall start at the sump pit and
extend through the exterior of the building and terminate with not less than six (6) inches
of exposed pipe. The discharge pipe shall be provided for all clearwater sump
installations with no regard as to whether the pump is actually installed. Sump pump
discharge location and flow shall be consistent with the approved development drainage
plan for the lot. The discharge may not be pumped directly onto any public right-of-way
unless approved by the city engineer or his designee. Any disconnects or openings in the
sanitary sewer shall be closed and repaired in compliance with applicable codes.
(d) Every person owning improved real estate that discharges into the city's sanitary
sewer system shall allow inspection by authorized city employees or its agents of all
properties or structures connected to the sanitary sewer system to confirm there is no
sump pump or other prohibited discharge into the sanitary sewer system. Any persons
refusing to allow their property to be inspected shall immediately become subject to the
surcharge as described in section (g) hereinafter.
(e) Any owner of any property found to be in violation of this section shall make the
necessary changes to comply with this section and such change shall be verified by
authorized city employees or its agents. Any property or structure not inspected or not in
compliance by May 1, 1994, shall, following notification fi:om the city, comply within
fourteen (14) calendar days or be subject to the surcharge as provided in subsection (g)
hereinafter.
(f) Upon verified compliance with this section, the city reserves the fight to reinspect
such property or structure at least annually to confirm continued compliance. Any
property found not to be in compliance upon reinspection or any person refusing to allow
their property to be rein~ected shall, following notification fxom the city, comply within
fourteen (14) calendar days or be subject to the surcharge hereinaf~ provided for.
(g) A surcharge of one hundred dollars ($100.00) per month is hereby imposed and
shall be added to every sewer billing, to property owners who are found not in
compliance with this section. The surcharge shall be added every month until the
property is verified to be in compliance through the city's inspection program.
(h) The city council, upon recommendation of the city engineer, shall hear and decide
requests for temporaxy waivers from the provisions of this section where strict
enforcement would cause a threat to public safety because of circumstances unique to the
individual property under consideration. Any request for a temporary waiver shall be
submitted to the city engineer in writing. Upon approval of a temporary waiver from the
provisions of this section, the property owner shall agree to pay an additional fee for
sanitary sewer services based on the number of gallons discharged into the sanitary sewer
system as estimated by the city en~neer.
(i) Violation of this section is a misdemeanor and each day that the violation continues
is a separately prosecutable offense. The imposition of the surcharge shall not limit the
city's authority to prosecute the criminal violations, seek an injunction in district court
ordering the person to disconnect the nonconforming connection to the sanitary sewer, or
for the city to correct the violation and certify the costs of connection as an assessment
against the property on which the connection was made.
(Ord. No. 5, § 1.05, 3-11-85; Ord. No. 168, § 9, 4-27-92; Ord. No. 205, § 1, 5-9'-94)
C1TYOF
CHANHA
690 Cay Ctn~ Drive
PO B~ I47
?3otfiauen, Minne, ota 55317
95295Z1900
952.93Z5739
952.95Z9152
952.934.2524
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Todd Gerhardt, City Manager
Teresa $. Burgess, Public Works Director/City Engin~
.
September 18, 2001
Authorize Preparation of Feasibility Study, Approve Consultant
Agreement for Feadbility Study, Design, and Construction
En,~n~g for 2002 Residential Street Improvements
Project No. 01-10
Requested Action
City Council is recommended to authorize preparation of a feasibility study for
the 2002 Residential Street Improvement Project and approve a consultant
contract in the amount of $8,000 with TKDA.
Discussion
The City of Chanhassen Pavement Management Plan identifies several streets
shown on the attached maps for improvement in 2002.
These projects m-e proposed to be funded through a combination of City funds and
assessments. The city attorney has advised that a formal assessment policy not be
adopted by the City of ~ In~tead, assessments should be determined
on a project-by-project basis. The feasibility study will identify and recommend
assessments and funding scenarios for the pwjects..
A 100-point ranking process was used in ranking the proposals, however, because
of thc vast difference in cost, staff met with thc consultants to cliscu~ the scope of
the project. MFRA, Hakanson Anderson, and URS did not contact the City to set
up meetings. Based on the proposals and the interviews, staff is recommending
award of contract to TKDA.
For purposes of the proposal, it w~ mmumed flint the Pavement Management
System recommendations would be substantiated by the feasibility study. In
reality, it is expected that the sc, ope of the project will be revised once the
feasibility study is done. If this occurs the fees for design and construction
engineering will need to be revised to reflect the change in scope.
Only the feasibility study is being authorized at this time. Separate Council action
will be required to order preparation of plans and specifications.
Todd Gerhardt
August 8, 2001
Page 2
The following table represents the proposals received from the firms that
responded to the request for proposals (RFP):
MFKA $74,000
TKDA $92,700
WSB $148,500
Hakanson Anderson $215,070
SEH $283,189.21
Bonestroo $324,900
URS $333,300
All of the on~neering firms submitting proposals are qualified to complete the
scope of work. The TKDA quote is broken down as follows:
Feasibility Study $8,000
Design $38,500
Construction Administration $43,100
Project Completion (As-builts) $3,t00
Total $92~700
Recommended Motion
Move to authorize preparation of feasibility study for 2002 Residential Street
Improvement Project and approve contract with TKDA for feasibility study,
design, and construction of said project with only the work related to preparation
of the feasibility study authorized at this time.
Attachments: 1: Proposal fi'om TKDA
2. Maps
C:
Matt Saam, Project Engineer
Mahmoud Sweidan, Engineer
Phil Gravel, Bonestroo & Associates
Dave Hutton, WSB & Associates
Thomas Prew, TKDA
Jeffery Roos, MFRA
Greg Brown, URS
Peter Raafikka, Hakanson Anderson Associates, Inc.
Michael Foertsch, SEH
S:~flfg~public~01-08Waft report 8-13-01.doc
TKDA
ENGINEERS * ARCHITECTS · PLANNERS
TOLTZ, KING. DUVALL, ANDEREON
AND ASSOCIATES, INCORPORATED
1500 PIPER JAFFRAY PLAZA
444 CEDAR STREET
SAINT PAUL. MINNESOTA 55101-2140
PHONE: 651f292-4400 FAX: 651/292-0063
August 17, 2001
Ms. Teresa J. Burgess, P.E.
Public Works Director/City Engineer
690 City Center Drive
P.O. Box 147
Chanhassen, Minnesota 55317
Re:
Proposal for Engineering Services
2002 Residential Street Improvements - City Project No. 01-10
cn'Y OF CHA~ASSE~
1 ?.001
ENGINEERING OEPT,
Dear Ms. Burgess:
Toltz, King, Duvall, Anderson and Associates, Incorporated (TKDA) is pleased to present this Proposal for
Preparation of a Feasibility Study and Design and Construction Consulting Services to the City of Chanhassen
(City) in connection with the 2002 Residential Street Improvements (City Project No. 01-10). This proposal
contains our understanding of your project needs, project schedule, related expe. dence and references, along
with a fee estimate for services.
We welcome the opportunity to initiate our first assignment with the City and demonstrate our value. Please do
not hesitate to contact Tom Prew at 651/292-4463 if you have any questions or require additional information.
Sincerely,
Richard N. Sobiech, P.E.
President/CEO
RNS:TDP:bas
Enclosures
Thomas D. Prew, P.E.
Project Manager
2002 Residential Street Im_~rovements: City_ Pro!ect No. 01-10
Pace1
STATEMENT OF UNDERSTANDING
The City is scheduled to mill and overlay and completely rebuild a number of residential streets. Sewer and
watermain replacement will be required in conjunction with some of the street reconstruction. The Consultant
will review each street in the field to verify the improvements called out by the City's Pavement Management
Plan. We understand that funding for all identified projects may not be available. The Consultant will provide
not only construction cost estimates for each project, but will recommend to the City the financial
implications of each Project. The City desires the Consultant to prepare a Feasibility Study that defines the
options and associated cost for each improvement under consideration.
Utility replacement will be difficult due to the limited right-of-way and depth of the sanitary sewer in certain
locations. The Consultant will prepare recommendations for both standard and trenchless installations. Plastic
watermain will be considered due to the corrosive nature of the soils. Temporary and permanent easements
will be necessary for the utility construction and will be identified by the Consultant.
The City will be assessing the cost of this Project and would like the Consultant to assist the staff in
developing assessment scenarios and a standard assessment policy for this Project that could also be used for
future projects. Neighborhood informational meetings for each street Project will be held to allow an
informal discussion of the Project prior to any Public Hearing. Public Hearings will also be held.
Once the final Project recommendations have been made and approved, the Consultant will prepare final
plans and specifications for approval by the City. Regular meetings with the City will be scheduled in order
to review progress. Special attention to construction scheduling will be made to avoid conflicts with other
street and highway projects. The selected Consultant will be responsible for construction administration,
including inspection.
SERVICES TO BE PROVIDED BY TKDA
Based on TKDA'S understanding of the Project, we propose to provide the following services:
A. Feasibility Report
I. Meet with the City to review specific Project criteria and concerns for each Project street.
Based on the discussions and field review of each st .reet, meet with the City to review
preliminary recommendations and cost estimates for. the street and utility work.
·
2: Gather assessment policies from other client communities and show how they cofild be used
to meet the City's needs. Meet with the City to review assessment scenarios.
3. Prepare preliminary assessment rolls and maps for each Project street based on selected
assessment policy. Meet with the City to review financial considerations for the City and
property owners under the proposed assessment policy.
4. Assess the feasibility and advisability of each street Project at this time.
5. Complete a draft Feasibility Report which will include assessment rolls, location maps, and a
proposed Project schedule. Meet with the City to review.
6. Incorporate any final comments and prepare a final Feasibility Report.
7. Identify any right-of-way or easements required for utility replacement.
8. Prepare needed exhibits and attend three public neighborhood informational meetings and
Public Hearings to present the Feasibility Report and discuss its recommendations.
2002 Residential Street Improvements: Citv PrDiect No. 01-10
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final Design
1. Based on the approved Feasibility Report, prepare plans and specifications (Contract
Documents) for review and approval by the City. Final plans will include the City's standard
design details, temporary traffic control, striping, and material testing requirements. Design
surveys will be completed for utility replacement projects.
2. Prepare and submit permits to Carver County, Mn/DOT, the Minnesota Department of
Health, and other approving agencies as required.
3. Prepare and submit Advertisement for Bids.
4. Upon approval of the Contract Documents and at the direction of the City, distribute Contract
Documents to bidders.
5. Prepare final assessment rolls for the Project, based on the approved assessment policy.
Attend assessment meetings.
Construction Administration
1. Attend and assist the City with conducting a prebid conference with prospective bidders.
Evaluate bids received and make a recommendation of award to the city.
2. Attend and assist the City with pre-construction conference to be attended by the Contractor,
City, and others as may be requested by the City. Prepare and submit minutes to all
attendees.
3. Attend weekly progress meetings with the City and the Contractor. A regular schedule of
meetings and Project updates will be set up to keep the City fully informed on the Project's
progress and any construction issues that may arise.
4. Provide a full- and part-time resident Project Inspector to confirm that the work is
progressing in conformance with the approved Contract Documents. The Project Inspector
shall review test results, traffic control plan, and keep the City aware of the Contractor's
schedule.
5. Review, record, and approve (or take other appropriate action with respect to) Shop Drawings
for conformance with the design concept of the Project and compliance with the information
given in the Contract Documents. Advise the City and the Contractor or its Superintendent
immediately of the commencement of any work requiring a Shop Drawing or sample
submission if the submission has not been approved:
6. Keep a diary or log book of when construction worl~ occurs. The diary or log book shall
, record hours on the job site; weather conditions; data relative to questions of extras or
deductions; list of visiting officials and representatives of manufacturers, fabricators,
suppliers, and distributors; daily activities, decisions, and observations in general for the work
and specific observations in more detail as in the case of observing test procedures.
7. Report to the City whenever it appears that any work is unsatisfactory, faulty, or defective, or
does not conform to the Contract Documents, or does not meet the requirements of any
inspections, tests, or approval required to be made or has been damaged prior to final
payment; and advise the City when any work should be corrected or rejected, should be
uncovered for observation, or requires special testing, inspection, or approval.
8. Based on TKDA'S on-site observations, determine payments to the Contractor in such
amounts as is appropriate; such recommendations of payment will constitute a representnrion
to the City, based on such observations and review, that the work has progressed to the point
indicated, and that, to the best of TKDA'S knowledge, information and belief, the quality of
such work is in accordance with the Contract Documents.
2002 Residential Street Improvements: City Prolect No. 01-10
9.
Conduct an inspection with the City staff to determine if the Project is substantially complete.
Prepare a final list of items to be completed or corrected, and conduct a final inspection to
determine if the work appears to have been completed in accordance with the Contract
Documents and if the Contractor has fulfilled all of his obligations thereunder. Prepare final
estimate for payment and recommend, in writing, final payment to the Contractor, giving
written notice to the City and the Contractor that the work is acceptable (subject to any
conditions therein expressed).
D.
Project Completion
1. Prepare As-Built (Record) Drawings of the work. Provide the City with electronic and paper
copies of Record Drawings.
EXPERIENCE
As city engineers for many communities, we have prepared preliminary studies, conceptual design, and
preparation of construction documents for a wide variety of projects. Our diverse capabilities provide our
clients with a single source to draw upon for most of their needs.
REFERENCES
Ms. Mary Kueffner
City Administrator
City of Lake Elmo, MN
651/777-5510
Mr. R. Charles Ahl,, P.E.
Public Works Director
City of Maplewood, MN
651/7704450
Mr. Keith Nelson, P.E.
City Engineer
City of Lakeville, MN
952/4694431
KEY PERSONNEL
As our key personnel for the Project, we propose Tom Prew to serve as Project Manager. Mr. Prew has 16
years of Municipal Engineering experience. He is the City Engineer for the City o.f Lake Elmo, Minnesota,
and as such knows first hand the effort required to give the City a successful project. He has successfully
conducted many public informational meetings and public hearings by being knowledgeable about the project
and fully prepared to answer all questions. He has worked with many cities in preparing feasibility studies,
and developing local road plans and assessment policies for their projects. He will be assisted by Mike
Mendiola as Design Engineer and Project Inspector. Tom has mentored Mike on many projects. During
construction, they keep in daily contact to review key issues, construction techniques, and schedule. They will
be assisted by other staff as needed throughout the Project.
2002 Residential Street Imarovements: City Prolect No. 01-10 Paae 4
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RESPONSIBILITIES OF THE CITY
To carry out the proposed work, TKDA expects that the City will perform customary tasks such as providing
record plans, property ownership information, GIS files, and mailing of notices. We have also assumed that
the City will be responsible for the costs of customary direct expenses such as soil testing, legal surveys,
reproduction costs, and traffic or drainage studies.
SCHEDULE
We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to
complete the proposed services according to the following schedule. To ensure that we meet your schedule,
we will conduct weekly department meetings to assign the necessary staff.
Consultant Selection by City Council
Completion and Approval of Feasibility Report
Public Neighborhood Informational Meetings
Public Heating(s)
City Council Orders Contract Documents
Completion of Contract Documents and State-Aid approval
Open Bids
Begin Construction
August 27, 2001
September 17, 2001
November 2001
January 2002
January'2002
March 1, 2002
April 1, 2002
May 15, 2002
COMPENSATION
..
Compensation to TKDA for the proposed services shall be on an Hourly Rate basis in the following not to
exceed amounts. Our Project Fee Estimate is attached.
Feasibility Report
Final Design
Construction Administration
Project Completion
Total Project Fee
$ 8,000
38,500
43,100
~,100
$92,700
2002 Residential Street Imnrovements: Cltv Prelect No. 01-10
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Paae 5
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THOMAS D. PREW, P.E.
SENIOR I~TJ3ISTSP~D ENGINEER
Education
Bachelor of Science, Petroleum Engineering, Montana College of Mineral Technology, 1983
Registrations
Engineer - MN, WI
Background
Mr. Prew has been working as a Municipal Engineer for over 16 years. His experience includes a large number of
street and utility reconstruction projects throughout the State. He is currently serving as the City Engineer for the City
of Lake Elmo, Minn~ota.
,
Similar Experience
Project Manager, 1994-2001 Street Overlays; City of Lake Elrno, MN. Feasibility Report, Design, Construction Administration of
annual overlay projects.
Project Manager, Bush Avenue; City of Maplewood, MN. Feasibility report, plans and specifications for street and utility
improvements within an established neighborhood.
Project Manager, 50th Street MSA Reconstruction; City of Lake Elmo, MN. State-Aid design involving traffic calming, trails,
and landscaping.
Project Manager, $Oth Street North MSA Reconstruction; City of Lake Elmo, MN. Design and construction services including
watermain replacement, traffic calming, and trail.
Project Ma~tager, Helen Street MSA Street Reconstruction; City of North St. Paul, MN. Feasibility Report, final construction
plans,' construction documents, and construction administration for the reconstruction of Helen Street between Castle
Avenue and Lydia Avenue to Municipal State-Aid standards.
Project Manager, Jay Street MSA Improvements; City of Andover, MN. Commercial street scape with street lighting, decorative
walks, landscaping, and irrigation.
Project Manager. Como Park Watermaln; Saint Paul. MN. Directional drilling of 2000 LF of watermain throughout the park.
Project Manager. Oakdale South West Area Utilities; City of Oakdale. MN. Directional drilling of sanitary sewer along frontage road.
Project Manager, Raspberry Island Watermain; City of Saint Paul, MN. Directional drilling of watermain below the
Mississippi River.
MICHAEL D. MENDIOLA, E.I.T.
GRADUATE ENGINEER
Education
Bachelor of Science, Civil Engineering, University of Minnesota, 1997
Background
Mr. Mendiola joined TKDA's Municipal Department in June ].998. Since joining TKDA, he has worked on a new road
projects fo'r Lino Lakes, Burnsville, and Lakeville. Mr. Mendiola has assisted Municipal Department project managers
in completing plans for various clients using AutoCAD 14 and Softdesk. These clients have included the cities of Lino
Lakes, Forest Lake, Andover, Mankato, and Burnsville, and the St. Paul Port Authority. The scope of projects has
ranged from simple plan sheet editing to complete construction document preparation from raw survey data. Mr.
Mendiola has also prepared cost plan estimates for each project he has worked on. He has utilized HydroCAD for use
in overland waterflow and pond investigations.
Similar Experience
Design Engineer, Embassy Road Street Improvements; City of Burnsville, MN. Design of major access road to proposed
amphitheater.
Resident Field Representative, Birch Lake Villas and North Birch Lake Boulevard; Township of White Bear, MN. Construction of
utility systems and street to serve new townhouse development. Project included trunk watermain interconnect with
crossing of state and county highways.
Resident FieM Representative. Portland Avenue Sanitary Sewer and Watermain Ext#nsion; Township of White Bear, MN. Construction
of utility systems to serve an existing neighborhood along a county road. Work included service installation by trenehle, ss technology and
abandonment of existing wells and septic systems.
CITY OF CHANHASSEN, MINNESOTA TKDA
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lVlF, lVlORANDUM
TO:
Todd G-ethardt, City Manager
FROM:
Teresa J. Burgess, Public Works Director/City Engine~.~
DATE:
September 19, 2001
SUBJ:
Authorize Preparation of Feasibility Stud~ Approve Consultant
Agreement for Feasibility Study, Design, and Consmmtion ~,~,
Engineering for LiR Station #10 Improvements
Project No. 01-11
Requested Action
City Council is recommended to authorize preparation of a fcas~ility study for the
improvements to Lift Station #10 and approve a consultant work order in the amount
of $14,000 with Bonestroo, Rosene, Anderlik & Associates..
Discussion
Staffhas known of a problem with Lift Station #10 re~ to the wet well size for
some time. The attached proposal fi'om Bonestroo includes a summarization of the
problem.
Funding for the project will most likely incl~ a combination of assessments to
property owners and fimds from the Sewer and Water Enterprise Fund. One purpose
of the feasibility study is to identify the costs and funding options.
..
The following table represents the proposals received from the firms that responded
to the request for proposals (RFP):
Bonestroo $37,500
TKDA $61,300
SEH $75,200
Proposals were evalua~ based on the following points:
Completeness.of the proposal including a demonstrated understanding of the
requirements of this project and the concerns of the City.
· Ability of the rum and key personnel to perform the design and construction
administration for the project with ~ involvement by the City.
· Resources of the firm to conduct and complete this project in a satisfactory
manner. Specifically, the ability and willingness to commit key personnel and
resources.
· Proposed schedule for the completion of the project.
· Fees proposed for preparation of the feasibility study and performing the
design, construction administration and inspection duties.
All of the engineering firms submitting proposals are qualified to complete the scope
of work. The Bonestroo quote is broken down as follows:
Feasibility Study $14,000
Design $14,000
Construction Services $9,500
Total $37~500
For purposes of the proposal it was nec~sary to make some assumptions: · Expansion of the wet well by 50%.
· lngtallation of VFD's on both existing pumps
· Construction of a building with residential facade including necessary
ventilation system to screen the lif~ station.
In reality, it is expected that the'scope ofthe project will change once the feasibility
study is completed. If thi~ occurs the fees for design and construction engineering
will need to be revised to reflect the change .in scope.
Attachments: 1. Proposal from Bonestroo.
C:
Matt Saam, Project Engineer
Phil Gravel, Bonestmo & Associates
Tom Prew, TKDA
Michael Foertsch, SEH
~ns~ublic~O 1 - 11 ~pprow vm-hmee requem.do~
Bonestroo
Rosene
derlik &
Associates
Engineers & Architects
Prinotpala: Otto Bone~tmo, P.E. · Marvin L. 8owaJa, P.E. · Glenn R. Cook, P.E. ·
Robert G. 8cl'uJ'~, P.E. · Jeny A. Bourdon, P.E.
Serdor ~: Robert W. Roberts, P.E. · Jonah C. Anderllk, P.E. · Rlohard E. Turner, P.E. ·
8uaan M. Eber~n, C.P.A.
A~oc/ate Pr/nc/pa~: Ho~mn:l A. 8anfo~d, P.E. · Kel~ A. Gordon, P.E. · Robert R. Pfeffodo, P.E. ·
Richard W. Foster, P.E. · David O. Loakota, P.E. · Robert C. Rua~k, A.I.A. · Mark A. I-lanaon, P.E. ·
Michael T. Rautmann, P.E. · T~I K. Field, P.E. · Kennetfl P. Andes, P.E. · Mark R. ~ P.E. ·
David A. Bone~tmo, M.B.A. · Sidney P. Wllllameon, P.E., L.S. · Agn~ M. Ring, M.B.A., ·
Nlan Rick 8chrnldt, P.E., ·Dan Eclgerto~, P.E., · Ron 8antrach, · Tom Petereo~, P.E., · PM Gravel,
P.E., · DaJe Grove, P.E., · Jim Malarial, P.E., · Shdy Johnson, · bmael Martlnez, · M~es J~n,
P.E., · Tom Roud~r, P.E., · Tom 8ylko, P.E.
Offices: St. Paul, Rochester. Wlllrnar and St. Cloud, MN · Milwaukee, WI · Gmy~ake, IL
Wel~lte : www.boneatroo.oom
September 10, 2001
Teresa Burgess
Public Works Director/City Engineer
690 City Center Drive, P.O. Box 147
Chanhassen, MN 55317
RE: Lift Station No. 10 Improvements
City Project Number 01-11
CITY OF CHANHASSEN
SE:P 1 1 2001
ENGINEERING DEPT.
Dear Teresa:
.
.
We are pleased to respond to your August 24, 2001 Request for Proposals for the Lift Station No. 10
Improvements Project. Following our review of your RFP, we visited the site and met with City staff to gain
additional understanding of the project issues. Bonestroo has completed many projects for the City of
Chanhassen, including lift station projects. Our past work has given us a good understanding of the City's
infrastructure and your staff, which will streamline this project.
~;tatement of Un~ler~tandin~,
Lift Station No. 10 is a duplex submersible lift station with two
Flygt Model CP3300, 88 hp pumps in a 9-foot diameter wet well
that appears to be in good condition. There is no separate valve
vault. The check valves are located in the wet well and the shutoff
valves are buried in underground valve boxes. The electrical
panel is relatively new and in good condition. Also, the telemetry
equipment is up-to-date.
Lift Station No. 10 discharges to an 8-inch diameter forcemain
Lift Station No. 10 wtlh Well No. 3 portable
that also serves other City lift stations. Wc were not able to
determine the lift station's pumping rate because the pump "on"
level was above the invert of the incoming 8-inch diameter sewer,
and we were unable to calculate the wastewater volume stored in the incoming sewer.
However, our initial thoughts are that one pump operating should pump in the range of 1,000 to 1,200 gpm.
Due to the relatively shallow 9-foot diameter wet well, this pumping rate will result in a cycle time of
approximately five minutes. With automatic pump alternation, each pump will be started every 10 minutes,
or six times per hour. This number of starts per hour is excessive for 88 hp motors, and will result in heat
build-up in the motors and motor starters. This heat build-up, in turn, will shorten the life of the motors and
electrical equipment.
2335 West Highway 36 · SL Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311
CiO' o/ ¢lumhas~en
LJ~I Slaflon #10 hnpruvemenl$
Seplember 10, 2O01
Page 2
To resolve this short cycle time problem, we could expand the wet well,
install variable frequency drives (VFDs), or implement both solutions. We
will discuss these options in more detail in our Approach to Project
section. Other project issues include: reliability, capacity, and aesthetics.
Narrow, winding access road slows
portable generator delivery.
Reliability - The lift station is vulnerable to a power outage. An incoming
flow of 1,000 gpm will fill the wet well at the rate of two feet per minute,
and even more rapidly at 1,200 gpm. During times of peak wastewater
flow, there would be inadequate response time to deliver a portable
generator to the site, hook it up and get it running. Should normal power
fail during one of these times, overflowing or basement back-ups will
result. This potential problem could be partially mitigated with a larger wet
well, or corrected with a portable standby generator with automatic
transfer stored on site. A control system failure would also render the lift
station inoperable. However, installing a back-up (redundant) control
system would eliminate this possibility.
Capacity - We understand pumping capacity has not been a problem at Lift Station No. 10, except during a
5-inch rainfall. Although the lift station has had adequate capacity, the new subdivision will add to the
incoming flow.
We will describe our methodology for evaluating the lift station's required capacity in our Approach to
Project section.. For maximum reliability, either of the pumps in a two-pump lift station should be able to
pump the peak rate of flow. This conceptmthat of firm pumping capacity--helps ensure that adequate
pumping capacity exists even if one pump fails.
Aesthetics - The City's RFP explains that the developer of a new subdivision adjacent to the lift station has
requested that the lift station be screened for aesthetic reasons. The RFP also indicates that a building with a
residential facade will be constructed to enclose the lift station. Enclosing the electrical equipment in a
building would improve the installation's aesthetics and may also extend the equipment's service life.
Operability may also be improved because the operator would no longer have to stand out in the rain or snow
to check the electrical panel.
Enclosing the wet well in a building, however, requires that the pumps be pulled through roof hatches,
making pump pulling more difficult. To maintain the current level of operability, the City may wish to
consider alternative screening for the wet well, such as privacy fencing, plantings, or a combination.
A~)oroach to Project
The Lift Station No. l0 Improvements project will include a feasibility study, design, and construction
services.
Feasibility Study - The first step in producing the feasibility study will be a hydraulic analysis. The following
tasks will be completed in conjunction with the hydraulic analysis:
Determine the one pump "on" and both pumps "on" pumping rates by conducting a wet well
drawdown/refill test.
Calculate average daily flow and peak daily flow by evaluating mn-time records for the pumps.
· Determine what average daily flow should be by counting homes (windshield count or April 2000
Metropolitan Council photography) and applying typical water consumption figures for Chanhassen.
· Apply a typical peaking factor to average daily flow to determine what the predicted peak daily flow
should be.
2335 West Highway 36, St. Paul, MN 55113,651-636-4600, Fax: 651-636-1311
CIo' of Chanhelssen
I.~ Stalion #10 hnprm'enlents
Seplember 10. 2001
Page 3
Compare actual average daily and peak daily flows to predicted average daily and peak daily flows to
determine if a significant infiltration/inflow problem exists.
Calculate the number of homes in the new subdivision and resulting increase in wastewater flow rate.
The hydraulic analysis will also include determining instantaneous peak
flow rate. This flow rate determines the maximum required pumping
capacity and minimum response time should the lift station fail.
Instantaneous peak flow rate will be compared to the pumping
capacities determined in the first step of the hydraulic analysis to
determine if the existing pumps have adequate capacity.
Based on our limited review of the problems associated with Lift
Station No. 10, we believe the sewer system tributary to the station is
likely contributing large volumes of FI which, in turn, dictate the need
for a high capacity lift station.
Biturnlnous berm diverting surface runoff
around control panel and wet well access
hatch.
During our meeting with City staff, we learned that Lift Station No. 2,
which also pumps to the 8-inch diameter foreemain, overflows virtually
every time it rains. It could be argued that Lift Station No. 2 simply
doesn't have sufficient capacity to pump peak wastewater flows plus
the I/I in its tributary system during iainfall events.
However, another explanation may be that when the second pump comes on in Lift Station No. 10, the
additional head that it produces in the foreemain "pushes" the pumps in Lift Station No. 2 nearer to their
shut-off head condition with a corresponding reduction in pumping rate. If this indeed is what is happening,
reducing I/I in the Lift Station No. l0 tributary area to the level that the second pump never comes on would
correct the overflowing problem at Lift Station No. 2 and provide firm pumping capacity at Lift Station
No. l0 because only one pump would be required to pump the peak rate of flow.
If the hydraulic analysis concludes that I/l into the sewer system tributary to Lift Station No. 10 is excessive,
the City may wish to conduct an I/I analysis to identify and then correct the FI sources.
We also learned that Lift Station No. 10, Lift Station No. 2, and two other lift stations pump into the 8-inch
diameter foreemain. The hydraulics of a common foreemain can be
I.'.-:.-. :.-,
complex because head conditions are constantly changing depending on ~:.-...
the number of stations pumping at any given time. Also, a large
capacity lift station sharing a common forcemain dominates. The "':' ':
additional head it produces when its second pump comes on "slows
down" or can even "shut off" the smaller lift stations. Because of the
complex hydraulics of lift stations manifolded into a common
forcemain, we recommend expanding the hydraulic analysis for Lift
Station No. 10 to include the entire forcemain system and all the lift
stations pumping into it.
Bonestroo's architects and landscape architects will evaluate screening
Lift Station No. 10 in a building, or with privacy fencing and plantings,
during the feasibility study phase.
The feasibility study will include evaluating wet well expansion,-
installing VFDs, installing a backup control system, storing a portable
generator permanently on-site, constructing a building to house
electrical equipment, and screening the wet well with fencing or
Incorrdng 8-Inch sewer:. Note iron
staining (Infll~ra#on) above crown and
'on' level (gray) slx Inches above InverL
2335 Wsst Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311
Lift $1alion #10 hnprovemenl$
September 10, 2001
Page 4
plantings. The feasibility study will be complete with
recommendations, cost estimates, and anticipated
construction schedule.
Design - The second step of the Lift Station No. 10
Improvements project will include surveying, preparing plans
and specifications, and preparing and submitting all permit
applications required by other agencies. We will use the most
recent version of the City's Standard Specifications.
During the design phase, Bonestroo will coordinate with the
City's Planning and Engineering Departments. We will
provide weekly e-mails to City staff and be available for
meetings to facilitate coordination. Also, if requested, we will
make presentations to the City Council and Staff.
Uft Sta~ton No. 10 uses two high horsepower
submersible pumps.
Construction Services - Bonestroo will evaluate all bids received and make recommendation for award;
prepare final assessment roll; review and approve shop drawings; prepare payment estimates and make
recommendation for payment; provide construction inspection services, including supervision of testing
agencies, final inspection, and certification of completion of the project; and provide as-built plans in both
digital and hard copy format.
We will provide weekly e-mail updates during the construction period. We are also proposing a warranty
inspection near the end of the warranty period to identify any repairs or modifications that should be the
contractor's responsibility under the warranty terms.
Schedule
Bonestroo will start work on the feasibility study upon receiving notice-to-proceed and will complete the
study within eight weeks. Design will be competed eight weeks after the feasibility study is completed. This
schedule will allow for bidding in late winter and an early spring construction start.
Personnel
Mark Rolls will serve as project manager for the Lift Station No. 10 Improvements Project. Assisting Mark
will be Instrumentation and Control Specialist Chuck Oehrlein, Architect Morgan Markoe, Landscape
Architect Chris Behringer, and Electrical Engineer John Carlson. Additional information on Mr. Rolls' and
Mr. Oehrlein's relevant experience can be found in their resumes that follow. Resumes for the other project
participants have not been included because of the seven-page limit for the proposal. However, we would be
happy to furnish complete resumes for these individuals upon request.
References-
Please contact the following individuals for references on lift stations completed by Mark Rol~s and
Chuck Oehrlein.
Pat Byrne
Civil Engineer
City of St. Paul
(651 ) 266-6171
Skip Stefaniak
CiO' Engineer
City of West St. Paul
(651 ) 552-4130
Bob Martin
Public Works Director
City of Moorhead
(218) 299-5393
2335 Weet Highway 38, St. Paul, MN 55113,651-636-4600, Fax: 651-636-1311
Lift $laliott #10 h.prove.tents
Septentber 10. 2001
Page 5
Compensation
The RFP states our proposal for design and construction services should assume the following improvements:
1) Expand the wet well by 50%; 2) Install VFDs on both existing pumps; and 3) Construct a ventilated
building with residential facade. Based on this direction, we propose to complete work for the following
estimated fees:
Feasibility Study .............................................................................. $14,000
Design .............................................................................................. $14,000
Construction Services ...................................................................... $ 9.500
TOTAL ......................................................................................... $37,500
If you have any questions about this submittal, please call me at (651) 604-4885. Thank you for considering
Bonestroo for this project.
Sincerely,
BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC.
Phil Grovel
Associate Principal
2335 H/est Highway 36 · SL Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311
Mark R. Rolls.
Associate Principal
0 Education
Iowa State University
Bachelor of Civil Engineering -- 1980
rj Professional Organizations
/Mnerican society of Civil Engineers
Society of American Military
Engineers
Current Registration
Minnesota
Mr. Rolls' primary responsibilities Include engineering for water system
analyses; water booster pumping stations and water storage reservoirs;
sanitary sewer lift stations; and storm sewer pumping stations. Mark Is
proficient In using KYPIPE WATER and CYBERNET software to perform
computer hydraulic analyses for water distribution systems and lift station
and pumphouse design.
o Lift Stations
· Duluth, MN · New Hope, MN
· Apple Valley, MN , Orono, MN
· Chaska, MN · Ashland, WI
· Cottage Grove, MN , Wlndom, MN
· Eagan, MN , Hudson, WI
· Maple Grove, MN , Cambridge, MN
· Maple Plain, MN · Corps of Engineers
o Met Council Experience
In addition to numerous small sanitary sewage and stormwater lift
stations, Mark has worked on the design and construction of four large
sanitary lift stations for the Minneapolis-St. Paul area Metropolitan
Coundl Environmental Services ranging in size from 7,000 to 34,000 gpm.
~ pumphouses and Water Booster Stations
, Apple Valley, MN , Eagan, MN
· Woodbury, MN , Cottage Grove, MN
· Redwood Falls, MN · Fergus Falls, MN
, Red Wing, MN , Plymouth, MN
, Maple Grove, MN · Chaska, MN
Water Storage Reservoirs
· Onamia, MN · Eagan, MN
· Cambridge, MN , Hastings, MN
· Cokato, MN , Fergus Falls, MN
· Forest Lake Twp., MN · Maple Lake, MN
· Rosemount, MN , Maple Plain, MN
· Sartell, MN , Wisconsin Rapids, WI
· St. Martin, MN , Morton, MN
· Farmlngton, MN · Minnetrista, MN
· Eau Claire, WI · Oak Park Hts, MN
, Red Wing, MN · Orono, MN
, Apple Valley, MN , Plymouth, MN
· Annandale, MN ,, Woodbury, MN
· Camp Ripley, MN , Port Washington, WI
· Cottage Grove, MN (2) , Redwood Falls, MN
· Medina, MN
· Claremont, MN
,~ Bonestroo
Rosene
I~derllk &
Assodates
Engineers & Architects
Ct arles Oei rlein
Electrical
En§inee#n§
Tecl~niclan
Q Education
Dunwoody InstluJte
Computer and Digital Systems
. Technology ~ 1984
Elecr. rlcal Constrtx~on and
Maintenance ~ 198~
~ Professional Organizations
Certified by the National InstlU. rce for
Certlfication In Engineering
Technologies In ElecUlr~FElecUonics
Engineering
Mr. Oehrleln has been with Bones~roo since 1987 serving as an electrical
engineering technician. His ma]or responsE)Ill'des Include:
,. Preparing E]e(:l~:al Plans using CAD
· Designing Security and Fire Protection
Systems
· Designing Supewtsory Control and
· ~-,~ng Bectr~! ~
· Conducting Energy Audits
Chuck has worked on a variety of projects Including ~he following:
~ Uft Stations
· /~nandale, MN , l-llnckl~, MN
· ,Apple Valley, MN ,. Hudson, MN
· Elabbil:r., MN ,. Maple Grove, MN
· BetlePlalne, MN .. MCES
· O~sen, MN , Mlnnetrls~, MN
· ~, MN .. Moorhead, MN
· Cokat~, MN , Orono, MN
, Day~,MN , ~,MN
.. Delano, MN .. Redwood Falls, MN
· Duluth, MN (s'ex~ , Sart~ll, MN
· Eagan, MN .. St. Paul, MN
· Forest Lake Township, MN , Woodbury,-MN
~ SCADA/Telemetry.
,. Marshfletd, ~ ~ This proJec~ ~ remora control and monltoflng of 18
wells, three water boosi~r sl~k3ns, three water slx)rage 13nks, one water
treatment fadllty, three elecfflc subslat~:x'ts and one I:x3vver plant via 900 MHz
radio t~Ew]3et~ and a personal compul~-based master running multt-taskY~,
· Inver Grove Helgll~, MN ~ Thb project Included remote conl~ol and
monitoring of 5 wells, 2 booster stations, an elevated tank, 3 rift stations and
a water ~'eatment fadllty via spread spectrum radios, programmable logic
controllers, personal computers and ~/lndows NT based software.
· Chanhassen, MN ~ Water and ~
· St. Paul, MN ~ Wa~ sysa~m
· Apple ValEy, MN ~ ~V~er and wastL'wva~r ~
· Mar~M~eld, ~ ~ ~V~ater and eleci]lc
· Maple Lak~, MN ~ Wa~r ~
· Cambridge, MN ~ W~er and wastmNa~r
· s~j, MN--~~
· Eagan, MN ~Wat~ ~
· Queretaro ~ Water and ~
· Chaska, MN ~ ~a~r s3/stem
· Cotl3ge Grove, MN ~ Wa~er
, ~r 6rove He~jhts, MN -- Wa~r sys~m
, ~X~blar, MN ~ Wastewat~r system
· Pokegama TowrL~lp, MN -- ~t~va'~r system
Engineers & Archltect. s
crrYOF
CHANHA EN
PO Box147
Minnesota 55317
952.93Z1900
C,~ Far.
952.93Z5739
952.93Z9152
952.934.2524
wu,m d. cha~,auen, mn. us
lVlEMOR~UM
TO:
FROM:
DATE:
Teresa Burgess, Public Works ~tor/City Enginoor
Matt Saam, Project Engineer fl~,O {~~..
September 18, 2001
SUBJ':
~mv¢ Chan~e Order for Century Boulevard Street & Utility
Improvements - Project No. 97-1C
Requested Action
City Council is recommended to approve a change order in the amount of $4,266.51
for the C~tury Boulevard Street &' Utility project.
Discussion
During the course of construction, city staff and Steiner Development, the project
petitioner, have changed the project scope by requesting additional utility itemg such
as additional pipe and water values. These changes are all necessary for the
betterment of the project and in the best interest of the city. The requested change
order amount mm~ts in an increase of less than 1% of the total prgject conlract
This project is funded by 100% assessment to the benefiting properties.
c:
Bill Bement, EnginemSng Technician IV
Shibani Khera, WSB
Fred Richter, Steiner Development
~:~cnl~public'~Z- 1 ~ppro~ cl:mnsc ardcr.d~
Approved by City Englrmer
. . --
; '.~-'":*' ,. Al:~'ov~ by City ~
i
__
NmMORANDUM
C[[YOF
PO l~x147
~,Muen, Minnesota 55317
952.93Z1900
952.93Z5739
952.93Z9152
952.934.2524
unvm d. chan hauen, mn. us
TO:
Todd Gerhardt, City Manager
FROM:
DATE:
SUBS:
Teresa J. Burgess, Public Works Director/City Engin~
September 20, 2001
Approve Contract for Sanitary Sewca: Televising
REQUESTED ACTION
It is recommended that the City Council approve the contract for sanitary sewer
televising with lnfrate, ch Infrastructure Technologies, Inc. in the amount of
$10,000.
DISCUSSION
The City of Chanhassen has over 89 miles of Sanitary sewer main. ln~ection of
these lines is necessary to iden~ repair and .replacement needs within the
system. In addition, the inspection will identify inflow and infiltration problem
areas. The inspection is done using a specially designed camera inside the main.
Thc City rextu~ proposals from local companies with expertise in thi.~ area..
The City only received one proposal for the
Firm .gtn
lnfratech ln~ Technologies, Inc. $0.33/ff
lnfratech is qualified and able to complete the project in thc required timeframe.
This quote is comparable to previous televising contracts. Thc budget for thi,
project-is $10,000. The contract with lnfratech will be a not to oxccaxi amount of
$10,000.
Kelley Janes, Utility Supm'intendent
Richard Quast, lnfratech lnfrastmc, ture Technologies, Inc.
CITY OF
PC DATE: 9/4/01
CC DATE: 9/24/01
REVIEW DEADLINE: 10/2/01
CASE ~. 2001-5 CUP
By: Hoium, J
STAFF
REPORT
LOCATION:
APPLICANT:
Request for a conditional use _permit for devel~t'withi~ the Bluff Creek
Overlay District and variances to allow construction of a 1,640 sq. ft. gm-age,/pole
9201 Audubon Road
Eric S. Theship-Rosales
9201 Audubon Road
Chanhass~, MN 55317'
PRF~ENT ZONING: A2, Agriculuwal ~
ACRE&GE:
1.66 acres (70,611 square feet) DENSITY: NA
SUMMARY OF REQUF.~T: The applicant is proposing to build a gamgeJpole barn to be used for
automobile and boat storage. This lot is located within the secondary zone of Bluff Creek Overlay
District. A conditional use is required prior to the construction of any buildings within this district. A
variance is n~d from the minimum lot size requirement of 2 ~ acres.
Notice of this public hearing has been mailed to all propexty owners wiflfln 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying conditional use permits, based on Whether or
not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the
City finds that all the applicable conditional use permit standards are met, the permit must be
approved. This is a quasi-judicial decision.
9201 Audubon
Theship-Rosales CUP
September 4, 2001
Page 2
The City's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
APPLICABLE REGULATIONS
Section 20-1554 of the zoning ordinance requires that conditional use permits be issued for all site
plans, and prior to the erection or alteration of any building or land within the Bluff Creek Overlay
District.
Section 20-575(1) states that the minimum lot area in the A2 District is two and one-half (2½) acres,
with a density of 1 unit per 10 acres. Lots created prior to adoption of this ordinance are exempt,
however they must meet 75% of the lot area requirement.
Sec 20-73(c) of the ordinance states that there shall be no expansion, intensification, replacement, or
structural changes of a structure on a nonconforming lot.
PLANNING COMMISSION UPDATE
On September 4, 2001, the Planning Commission held a public hearing on this item. The
commission felt that the applicant's proposal to construct a garage/pole barn was in character
with the area. By a unanimous vote, the planning comminsion voted to recommend approval of
the conditional use permit. The variance was app .roved by a unanimous vote.
This report has been updated. All new information will appear in bold. The variance
Information has been left in this report for informational purposes, it does not require a vote from
The applicant is requesting a conditional use permit (CUP) to eomtmct a 1,640 square foot gmagedpole
barn on property located entirely within the secondary zone of the Bluff Creek Overlay District. The
Bluff Creek ordinance requires a CUP for any type of eonsmmtion on ~ located within the
overlay district. The property in question is located to the east of Audubon Road, south of Lyman Blvd,
and north of Pioneer Trail. Ace, s to the site is via a gravel drive off of Audubon Road. The site has
approximately 1.66 acres, and is zoned Agricultural Estate District, A2.
The house is located in the southwest comer of the lot, on a high, level portion of the site. A majority of
the remaining property is bluff. There are two existing acce~oty sln~mxrea located east of the house.
These strucmr~ are setback approximately 10 feet from the top of the bluff. One of the accessory
structures existed prior to 1991. Therefore, the required bluff setback is 10 feet (Sec 10-1401(b)). The
applicant is proposing to expand these structures as shown on the site plan (Attachment 3). The
proposed structure will meet the A2 district and bluff setback requirements as shown in the table below.
Theship-Rosales CUP
September 4, 2001
Page 3
Existing Proposal Ordinance
Bluff Setback ~10 feet ~10 feet Existing Setback:
10 feet
A2 Setbacks
Side Yard 32.5 feet 10 feet 10 feet
Rear Yard 51.5 feet 50 feet 50 feet
The applicant has indicated that the proposed structure will be used to park automobiles, and to store a
boat the applicant plans to restore. Staff has discussed the home occupation regulation with the
applicant and explained that the new garage/pole barn may not be used to conduct any home occupation.
A condition has been included to ensure compliance and to it make part of the record. It is staff's belief
that expanding the two existing struc~ to create one structure will aesthetically improve the property.
Staff contacted the city attorney to determine if a lot area variance was required. Section 20-73Co) of the
ordinance states that "no variance shall be required to construct a dwelling on a nonconforming lot
provided that it fronts on a public st~t and provided that the width and area measurements are at least
seventy-five (75) percent of the minimum requirements of this chapter." The intent of this ordinance is
to ensure that an existing lot of record is a buildable lot. In this case, the parcel has an area of 1.66
acres, which translates to 66% of the requirement. This lot predates the ordinance. Although no record
of the subdivision exists, a house was built in 1940.
The city attorney determined that this site meets the intent of the ordinance. The reasoning was that this
property is an existing lot of record, and is a buildable lot with a sufficient buildable area. As mentioned
earlier the applicant is proposing to expand two existing accessory structures info a sihgle building. This
proposed building meets all setback and district requirements. However, staff concluded that it would
be best to follow a strict interpretation of the ordinance and process a variance for the lot size.
This property is zoned A2. The A-2 district requires a minimum lot frontage of 200 feet, minimum lot
depth of 200 feet and a minimum lot area of 2.5 acres. The lot complies with the lot frontage (393
feet) and lot depth (264 feet) requirements, however, the lot does not have the minimum lot area. The
lot has approximately 1.66 acres. Thus a 3,654 square foot variance is ne. exted from the 2~6 aca'e-
minimum lot area.
In smmnm'y, with the incorporation of staff recommendations, the proposed conditional use permit
meets ordinance requirements, and staff is recommending approval with conditions outlined in the staff
report. It is staff's opinion that a variance in not necess~ since the intent of the ordinance is met and it
will not add any greater control for the City. Nevertheless, to literally interpret the ordinance a variance
is being requested. Staff recommends approval of the variance.
There is not much detail shown on the plan as to the amount of grading, if any, that is planned for this
project. Staff is recommending that all existing and proposed elevation contours be shown on the plan
to better describe the proposed construction that will occur.
Theship-Rosales CUP
September 4, 2001
Page 4
The location of the proposed garage is in a good area from a drainage standpoint. It is proposed to be
constructed on a high spot in the southwest comer of the parcel where there are two '.exim~.' g garages.
Currently, the site drainage flows from the southeast comer of the site to the north. The location of the
garage will allow the existing drainage pattm'ns to be maintained.
Erosion Control
No erosion control is shown on the plan. Depen~ on the mount of grading that will occur during
construction, staff would recommend that silt fence be added along the north side of the proposed
garage. This would prevent cons~on related silt and sediment from going down the hill to the north
of the garage.
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
~ that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reas~le use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not' to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-exi~g stan~ without departing
downward from them meet this criteria.
Finding: This lot was created prior to the adoption of the ordinance regulations. The intent of
the ordinance has been met. A home has been on this ~ since 1940. An accessory
stmcua~ that meets all setback requirements is a reasonable use to this property.
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: Most existing A-2 properties are si~ificantly larger than this ~. This parcel.is
an existing ~ of record.
The purpose of the variation is not based upon a ~ to increase the value or income potential
of the parcel of land.
Finding: The granting of a variance will permit a reasonable use of the ~, one which had
formerly been made on the site.
d. The alleged difficulty or hardship is not a self-created hardship.
Theship-Rosales CUP
September 4, 2001
Page 5
Finding: This is not a self-created hardship. The lot was in existence in 1940, prior to the
adoption of the City's zoning ordinance.
The granting of the variance will not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which the parcel is located and should
enhance the area.
The proposed variation will not impair an adequate supply of light and air to adjacent property or
substantially increase the congestion of the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair property values within the
neighborhood.
Finding: Granting of the variance will permit the expansion of existing structures, and would
act to sustain or enhance the value of the area.
CONDITIONAL USE PERMIT FINDINGS
When approving a conditional use permit, the City must determine the capability of.a proposed
development with existing and proposed uses. The general issuance standards of the conditional use
Section 20-232, include the following 12 items:
lm
Will not be detrimental to or endanger the public health, safety, comfort, convenience or'general
welfare of the neighborhood or the city.
Finding: The site is zoned A-2. The proposed use will not create any significant or
unexpected impacts with the incorporation of staff's conditions.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The site is currently zoned A2. The proposed use is currently permitted in the A2
District. The parcel is a lot of record, created prior to adoption of the zoning ordinance. A
single family home exists on the property and an accessory structure addition can be added that
can meet the setback requirements. The hard surface coverage will be approximately 2.7% with
the addition.
.
Will be designed, constructed, operated and maintained so to be compatible in appem'ance with
the existing or intended character of the general vicinity and will not change the essential
character of that area.
Finding: The site is located in an Agricultural Estate District. An accessory structure to be
used as a garage and storage is a use that is permitted within the district.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Theship-Rosales CUP
September 4, 2001
Page 6
e
g
7.
9.
10.
11.
Finding: The proposed project will not be hazardous or di~ to existing or planned
neighboring uses.
Will be served adequately by essential public facilities and serdces, including streets, police and
fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will
be served adequately by such facilities and services provided by the persons or agencies
restxmsible for the establis~t of the proposed use.
Finding: The site is located outside the Metropolitan Urban Serviee Area. The subject site
utilizes an on site Individual Septic Treatment System. Access to the site is provided via
Audubon Road. The site will be able to acc. omm~ the proposed use.
Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welf~ire of the community.
Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, ~ or the general weffare because of excessive
production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: This site will not create adverse impacts to persons, property or the general weffare
of the area. The proposed use Will comply with city ordinances.
Will have vehicular approaches to the property which do not create traffic congestion or interfere
with traffic or surrounding public thoroughfares.
Finding: The residential site currently has ms via Audubon Road. The garage/pole barn
will be used for private uses. Therefore, staff does not anticipate any heavy traffic.
Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
l~tnding: The proposed development will not result in the loss or des~on of any features
with the incorporation of staff's recommendations.
Will be aesthetically compatible with the area.
Finding: The proposed garage/pole barn will be compatible with the area.
Will not depreciate surrounding ~ values.
Finding: The use will not depreciate surrounding property values.
Theship-Rosales CUP
September 4, 2001
Page 7
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: The proposed use will meet standards prescribed for certain uses provided in this
article.
RECOMMENDATIO~
Staff recommends that the City Council-adopt the following motion:
'Whe City Council approves Conditional Use Permit g2001-5 to permit construction of a 1,640 sq. ft.
garage/pole barn subject to the following conditions:
Ii
Show the location of the proposed driveway access to the garage. Also, show the proposed
driveway grade.
2. Show the proposed floor elevation of the new portion of the garage.
3. Show all existing and proposed contour elevations.
4. Add silt fence along the north side of the proposed garage.
e
There shall be no grading past the top of the bluff, line as shown on the survey dated July 26,
2001.
e
The applicant must contact the Inspections Division to discuss the possibility of locating and
establishing an alternate on-site sewage treatment site. This site as well as the existing site must
be protected from damage during the construction of the building.
7. A building permit must be obtained before beginning construction.
8. The 10-foot side yard setback on south property line must be shown accurately to scale.
e
The proposed garage/pole barn may not be used to conduct any home occupation as subject to
Sec 20-977 of the ordinance.
The following does not require City Council approval, but was left for informational purposes.
'Whe Planning Commission approves the 3,654 square foot variance from the 2 ~A acre minimum lot
area, for the construction of a 1,640 square foot garage/pole barn based on the findings of fact."
ATTACHMENTS
li
Application & Notice of Public Hearing and mailing list.
Relevant portions of the zoning ordinance
Plans dated received August 22, 2001.
Theship-Rosales CUP
September 4, 2001
Page 8
5.
6.
?.
Site Map & Contour Map
Memo from Matt Saam dated August 22, 2001.
Memo from Steve Torell dated August 22, 2001.
Minutes from the September 4, 2001 Planning Comminsion Meeting
Theship-Rosales CUP
September 4, 2001
Page 9
CITY OF CHANHASSEN
CARVER AND HENNEPIN CO~, IVIINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
Application of Eric S. Theship-Rosales for a conditional use permit to construct a garage/pole barn
within the Bluff Creek Secondary Overlay District and lot area variance.
Conditional Use Permit
On September 4, 2001, the Chanhassen Planning Commission met at its regularly schedule
meeting to consider the application of Eric S. Theship-Rosales for a conditional use permit for the
property located at 9201 Audubon Road. The Planning Commission conducted a public hearing on
the proposed conditional use was preceded by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACET
.
.
The property is currently zoned A2, Agriculture Preservation.
The property is guided by the Land Use Plan for Parks and Office/Industrial.
The legal description of the property is: Those parts of Governments Lots 2 and 3, Section
22, Township 116 North, Range 23 West of the Fifth Principal Meridian.
Section 20-232:
a. Will not be detrimental to or enhance the public health, safety, comfort, convenience
or general welfare of the neighborhood or the city.
b. Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
e
e
Theship-Rosales CUP
September 4, 2001
Page 10
c. Will be designed, consmmted, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that are~
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
e. Will be served adequately by essential public facilities and senri~, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
systems and schools; or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed
Use.
f. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic weffare of the community.
g. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to'any persons, property or the general weffare
because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents,
or trash.
h. Will have vehicular approaches to the'property which do not create traffic congestion
or interfere with traffic or surrounding public thoroughfares.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
j. Will be aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
1. Will meet standards prescribed for cer~n uses as provided in this article.
Section 20-58
That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to ~le use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use msdo. by a 'majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to reco~ that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
The purpose of the variation is not based upon a desire to increase the value or income potential
of the parcel of land.
The alleged difficulty or hardship is not a serf-created hardship.
Theship-Rosales CUP
September 4, 2001
Page 11
10.
11.
12.
The granting of the variance will not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood in which the parcel is located.
The proposed variation will not impair an adequate supply of light and air to adjacent property or
substantially increase the congestion of the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair property values within the
neighborhood.
The planning report g2001-5 CLIP dated September 4, 2001, prepared by Julie Hoium is
incorporated herein. . .
RECOMMENDATIOn-
use permit.
The Planning Commission recommends that the City Council approve the conditional
ADOPTED by the Chanhassen Planning Commission this fourth day of September, 2001.
CHANHASS~ PLANNING COMMISSION
BY:
Its Chairman
ATTEST:
Secretary
· g:Xplan\jhkprojects~up~Jaeship-rosalea 2001-5.do~
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) e3';,.19oo
DEVELOPMENT REVIEW APPUCATION
OWNER:
ADDRESS:
TELEPHONE:
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
,,
Non-confmmlng Use Permit
P/armed Unit Development*
Temporary Sales Permit
Vacation of'ROW/Easemeh~ --
variance
Wetland Alteration Permit
Zonlr~ Appeal
Sign Permits
Sign Plan Review
Site PJan Review*
Zoning Ordinance Amendment
__ Notification Sign
Escrow for Filing Fees/Attomey Cost**
($50 CU P/SP R/VA~AR/WAP/Metee
and Bounds, $400 Minor SUB)
TOTAL FEE $
A Est of all property ownem within 500 feet of the boundaries of the property must be Included with the
:BulM~g material samples must be submitted with site plan review&
~i'~Ix full slze folded copies of the plans must be submitted, Including an 8W' X 11" reduced copy of
/rans~cy for each plan sheet.
-- Escro~ will be required for other applications through the development contract
:TrE-When muppie approbations are processed, the appropriate fee shall be charged for each application.
·
LOCATION ~::~6~ (.. ~
LEGAL DESCRIPTION CO
TOTAL ACREAGE
WETLANDS PRESENT
PRESENT ZONING
YES ~ NO
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST
This application must be completed in full and be typewritten or clearly 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 ~ determine the specific ordinance and procedural requirements applicable to your application.
A determlnation of completeness of the application shall be made wtthin ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within .ten business days of application.
This ls to certify that I am making application for the described action by the City and that I am resp0nslble for complying with
all City requirements with 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 (either
copy of Owner's Duplicate Certificate of Title, Abstract of Tltle or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
! 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. wtth an 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.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public heartng
requirements and agency review. Therefore, the city Is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
extenslons~ ~-'~' -'~~ ~ f&)~are approved by the appllcant.!<:~ ~ ~/c~ ~ ~ /
Signature of Applicant ' Date '
Signature of Fee Owner Date
Application Received on Fee Paid Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
If not contacted, a copy of the report will be mailed to the applicant's address.
Eric and Kat,,?~enTheship-Rosales
9201 Audubon Road
Chanhassen, MN 55318
August 3, 2001
Enclosed please find:
#1 Conditional use application, vadance application and materials
~ $150.00 for variance'and conditional use application fees.
#3 Copy of Property Title
#4 Maps
#5 Property owner list (see planning department)
· 6 N/A (lakes)
#7 Site plan (see surveyors sketch)
This is a setback vadance request for a five foot setback. This is for a
portion of the proposed buildings length along the southern boundary of the
property at 9201 Audubon Road.
#9a. Overhead door placement-in the proposed area to allow maneuvering for a
38 foot boat trailer requires that the building extend into the regular legal
setback for several feet along the southem length of the properties border.
b. This is an overhead door placement and building design consideration.
c Although this land may become a commercial interest, it is not at the
present time.
d. I own the boat in question as a restoration project.
e. There will be no injury to the land or improvements in the neighborhood by'
way of this vadance request.
f. This proposal will not impair an adequate supply of light and/or air to
adjacent property, or substantially increase the conjestion of the public
streets, increase danger of fire, impair property values, or endanger
public safety in any way.
August 3, 2001
Edc and Kathleen Theship-Rosales
9201 Audubon Road
Chanhassen, MN 5517
952-361-9691
Dear Julie,
Regarding the site plan review @ 9201 Audubon Road, I believe I have
everything here to make complete conditional use and variance applications for
my proposed shed/pole barn.
The building is designed to be 30 feet back from the bluff at all points except
where the footprint of the new building overlaps the larger of the existing sheds.
I have designed the roof to minimize the run-off on the sensitive, (northem),
bluff side of the building.
The building will have one drain which will run into an existing dry-well on the
property. Any future toilet or sink installation in the building will tie into the family
septic system which is a new, (8 years old), mound system designed for a family
of five. We are a family of three.
Thank you for your help.
Sincerely,
I ' /"~
Eric S. Theship-Rosales
NO I'ICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 4, 2001 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
=ROPOSAL: Conditional Use Permit for
Development Within Bluff
Creek Overlay District
APPLICANT: Edc Theship-Rosales
LOCATION: 9201 Audubon Road
JOTICE: You ara invited to attend a public hearing about a proposal in your area. The applicant, Eric
· eship-Rosales, is requesting a conditional use permit for development within the Bluff Creek Overlay
)istrict and variances to allow construction of a 1,640 sq. f. garage/pole barn on property z~ned A2,
~gricultural Estate and located at 9201 Audubon Road.
Vhat Happens at the Meeting: The purpose of this public hearing is to Inform you about the applicants
equest and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead
public hearing through the following steps:
Staff will give an overview of the proposed project.
The applicant will prasent plans on the project.
Comments ara received from the public.
Public hearing is closed and the Commission discusses the project.
uestions and Comments: If you want to see the plans befora the meeting, please stop by City Hall during
~ce hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
ilease contact Julie 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one
~oy to the department in advance of the meeting. Staff will provide copies to the Commission.
Iotice of this public hearing has been published in the Chanhassen Villager on August 23, 2001.
GEORGE & CONSTANCE ST MARTIN
9231 AUDUBON RD
CHANI-IASSEN MN 55317
ERIC S T}IF~H~-ROSALXS &
KATHLEEN A TI-IF~HIP-ROS~
9201 AUDUBON RD
CHANHASSEN MN 55317
DEAN ,% LOIS DEGLER
TRUSTEE OF TRUST
9111 AUDUBON RD
CHANHASSEN MN
55317
City of Chanhassen
690 City Center Drive, P.O. Box 147
Chanhassen, MN 55317
(952)937.-1900
Date: August 7, 2001
To: Development Plan Referral Agencies
From: Planning Department By:. ~'ulie Hoium, Planner I
Subject: Request for a conditional use permit~,-,a,, vzxi~--.~,-~-' to allow construction of a ~ square foot
shed/pole barn on property zoned A2 and located at 9201 Audubon Road, Eric Theship-Rosales, ..
Planning Case:
2001-5 CUP
The above descn'bed application for approval of a land development ~ was filed with the Chanhassen Planning
Deparunmt on August 3, 2001.
11~ order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommend~ions concerning the i ,mlxact of this proposal on traffic dratlation, existi~ and
proposed future utility services, storm wau~r drainage, and the need for acquiring public lands or easements for park sil~s,
street extensio~ or i .mpmv~nm, and utilities. Where specific needs or problems exist, we'would like to have a writmn
report to this effect from the agency concerned so that we can make a recommendation to the Planning C. omm~sion and City
Council.
-This application is scheduled for considam/on by the Chanhassen Planning Com~..ission on Tuesday, September 4, 2001 at
7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would.aptn'eciate receiving your comments by no lurer than
August 24, 2001. You may also appear at the Planning Commission meeting if you so desire. Your coopemfion and
C?y Departments
C .city Engineer
I~ City Attorney
c. City Park Direcwr
cl. Ftre Marshal
Building Official
Water Resoum~ Coord~or
8. Telephone Company
(US West or Sprint)
9. Electric Company
(NSP or ~ Valley)
10. Triax Cable System
2. Watershed District Engineer
11. U. S. Nish and Wildlife
3. Soil Conservation Service
4. MN Dept. of Transportation
12.
5. U.S. Army Corps of Engin~rs
7. MN Dept. of Natural Resources
N 00'29'11" E
--176,09--
X4~=
ZONING § 20-1555
(b) Preservation of the natural conditions found in the Primary Zone and to the greatest
extent possible, preserving significant resources and minimizing impacts in the
Secondary Zone through cluster development and other practices which mininfize the
removal of vegetation, minimize site grading, and application of practices found in the
city's best management practices handbook.
(c} Creation of a suitable balance between the amount and arrangement of open space,
landscaping, view protection, bluff protecti0n, and vegetation protection and the design
and function of man-made features.
(d) Creation of an interconnected open space network that preserves migratory patterns
for wildlife.
(e) Creation of an interconnected open space network that provides recreational and
educational opportunities for people.
lOrd. No. 286, § 8, 12-14-98) -
Sec. 20.1553. District application.
The BCO district shall be applied or superimposed (overlaid) upon all zoning districts as
contained herein as existing or amended by the text and map of this article. The regulations
and requirements imposed by the BCO district shall be in addition t~ those established for
districts which jointly apply. Under the joint application of the districts, the more restrictive
requirements shall apply. -'
(Ord. No. 286, § 8, 12-14-98)
See. 20-1554. Conditional use permits.
A conditional use permit shall be issued by the city for all subdivisions, site plsns, and prior
the erection or alteration of any building or land within the Bce.
(Ord. No..286, § 8, 12-14-98)
Sec. 20-1555. Boundary delineation.
(~) Generally. Primary and Secondary Zones shall be subject to the. requirements estab-
lished herein, as well as restrictions and requirements established by other applicable city
ordinances and regulations. The Bluff Creek Watershed regulations shall not be construed to
allow anything otherwise prohibited in the zoning district where the overlay district applies.
(b) Boundaries; maps. The Primary and Secondary Zones include land that is generally
defined in this article and in the BluffCreek Watershed Natural Resources Management Plan.
Boundaries as established by officially adopted city maps shall be prima facie evidence of the
location and type of watershed zone. The official maps shall be developed and maintained by
the planning department. The applicant shall provide appropriate technical information,
including but not limited to, a topographical survey, flora and fa:nn survey and soil data
deemed necessary for the city to determine the exact watershed zone boundary. The p!_snnlng
director shall make a determination to mn~tain th~ officially designated watershed zone
Supp. No. 11 1297
ZONING
§ 20-576
(10)
(11)
(12)
(13)
(14)
Reserved.
Churches.
Recreational beachlots.
Group homes for seven (7) to sixteen (16) persons.
Golf courses.
(15) Towers as regulated by article XXX of this chapter.
(Ord. No. 80, Art. V, § 3(5-3-44 12-15-66; Ord. No. 80-E, § 1, 11-16-87; Ord. No. 96, § 1, 9-26.88;
·
Ord. No. 103, § 1, 5-22-89; Ord, No. 120, § 4(2), 2-12-90; Ord. Bro. 240, § 16, 7-24-95; Ord. No.
259, § 8, 11-12-96)
State law reference--Conditional uses, M.S. § 462.3595.
Sec. 20-575. Lot requirements and setbacks.
The following m~rtimum requirements shall be observed in an "A-2" District subject to
additional requirements, exceptions, and modifications set forth in this chapter:
.
(1) The minimum lot area is two and one-half (2~2) acres, subject to section 20-906.
(2) The minimum lot frontage is two hundred (200) feet, except that the minimum lot
frontage of lots fronting on a cul-de-sac shall be at least two hundred (200) feet at the
building setback line.
·
(3) The minimum lot depth is two hundred (200) feet, except that lots fronting on a
cul-de-sac shall be at least two hundred (200) feet at the building setback line.
. (4) The maximum lot coverage is twenty (20) percent.
(5) The minimum setbacks are as follows:
a. For front yards, fii~y (50) feet.
b. For rear yards, fifty (50) feet.
c. For side yards, ten (10) feet.
(6) The maximum height is as follows:
. a. For the principal structure, three (3) stories/forty (40) feet.
b. For accessory structures, three (3) stories/forty (40) feet.
(7) The minimum driveway separation is as follows:
s~ If the driveway is on a collector street, four hundred (400) feet.
b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250)
feet.
(Ord. No. 80, Art. V, § 3(5-3-5), 12-15-86; Ord. No. 170, § 1, 7-23-92; Ord. No. 194, § 1, 10-11-93)
Sec. ~-0-576. Interim uses.
The following are interim uses in the "A-2" District:
(1) Reserved.
supp. No. 9 1207
ZONING § 20-73
(cD Full use of a nonconforming land use shall not be resumed ff the amount of land or
floor area dedicated to the use is leesened or ff the intensity of the use is in any manner
dlmh~i,hed for a period of twelve (12) or more months. Time shall be calculated as beginning
on the day following the last day in which the nonconforming land use was in filll operation
and shall run continuously thereafter.. Following the expiration of twelve (12) months, the
nonconforming land use may be used only in the manner or to the extent used during the
preceding twelve (12) months. For the purposes of this section, intensity of use shall be mea.
sured by hours of operation, traffic, noise, exterior storage, signs, odors, number of employees,
and other factors deemed relevant by the city.
(e) Maintenance and repair of nonconforming structures is permitted. Removal or destruo
tion of a nonconforming stmchzre to the extent of more ~_hAn fifty (50) percent of its estimated
value, exclu~-~ land value and as deter~!,,ed by the dty, shall terminate the right to con-
tinue the nonconforming structure.
CO Notwithstanding the prohibitions contained in the forgoing paragraphs of this section,
if approved by the city council a nonconforming 1.r,~ us~ may be changed to another noncon-
form~-~ land use of le~ intensity if it is in the public interest. In all ~n~tances the applicant
has the lmrden of proof regarding the relative intensifies of uzes.
(g) If a nonconforml-_-,.land use is superseded or replaced by a permitted use, the non-
conforming status of the premises and any rights which arise under the provisions of this
(Ord. No. 165, § 2, 2-10-92)
Sec. 20-73. Nonconformt-g lots of record.
(a) No_~ shall be required to reco~ a detached single, fAmily dwelling located
on a nonconforrni,~g lot of record or which is a nonconforming use ff it is destroyed by natural
disaster so long ss the replacement dwe!l!-g has a foot-print which is no larger than that of the
destroyed structure and is substantially the ~me size in building height and floor area as the
destroyed stru~. Reconstruction shall commellce within two (2) years of the date of the
destruction of the ori~n~l building and reaso,~Ahle progress shall be made in completing the
project. A building permit ahall be obtained prior to construction of the new dwelling and the
new structure shall be constructed in compliance with all other city codes and regulations.
!
(b) Bio variance shall 'be required to construct a detached aingie-f~mily dwelling on a
nonconforming lot provided that it fl~onts on a public street or approved private street and
provided that the width and area measu~ments are at lest seventy, five (75) percent of the
(c) Except as ~ ~ provi~ for detached singl~fami~ dwdlmS~, ~here
shall be no ex?-,iom intensification, replacement, or structural changes of a structure on a
(CD If two (2) or more conti~uous lots are in sinsle ownership and'ff all or part of the lots
do not meet the width and area requirements of eht, chapter for lots in the distri~ the
S~ N~ 4
1165
--60'9/[--
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--203.36-_
08/27/01 ~ON 14:49 FAX 612 361 9388
S~gnatt~e Thesh~p
a'~ ', ,.,T'v h' ¢
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RECKED
AU6 ~ o ?.001
-
CITY UF
--263.58--
$ 86'4-2'33' £
m N~r.A
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I ·
GRAPHIC SCALE
690 Cio' Center Drive
PO B~r 147
Clmnhassen, Minnesota 55317
Phone
952.93ZI900
Go~md F~x
952,93Z5.739
Enginuring Dep~tment Fax
952.937.9152
Building Dep~nent Fax
952.93L2524
Wtb $iu
TO:
FROM:
DATE:
SUBJ:
2[ulie Hoium, Planner I
Matt Saam, Project Engineer/~)
August 22, 2001
Review of Conditional Use Permit for 9201 Audubon Road
File No. 2001-5 CUP
Upon review of the plan submitted by the applicant, I offer the following
comments and conditions of approval:
GRADING/DRAINAGE/EROSION CONTROL
There is not much detail shown on the plan as to the mount of grading, if any,
that is planned for this project. Staff is recommending that all existing and
proposed elevation contours be shown on the plan to better describe the proposed
construction that will occur.
The location of the proposed shed is in a good area from a drainage standpoint. It
is shown to be constructed on a high spot in the southeast comer of the parcel
where there are two existing sheds. Currently, the site drainage flows from the
southeast comer of the site to the north. The location of the shed will allow the
existing drainage patterns to be maintained.
No erosion control is shown on the plan. Depending on the amount of grading
that will occur during construction, staff would recommend that silt fence be
added along the north side of the proposed shed. This would prevent construction
related silt and sediment from going down the hill to the north of the shed.
RECOMMENDED CONDITIONS OF APPROVAL
1. Show the location of the proposed driveway access to the shed. Also,
show the proposed driveway grade.
2. Show the proposed floor elevation of the new shed.
3. Show all existing and proposed contour elevations.
4. Add silt fence along the north side of the proposed shed.
c: Teresa J. Burgess, Public Works Director/City Engineer
g:'eng'~itth'nemos~taff r~portskO201 audubon cup.doc
CITYOF
PO &x147
'Mnhauen, Minnesota 55317
Phone
95Z93Z1900
General Fax
952.937.5739
952937.9152
But'Ming Depanme~tt £ax
952.934.2524
Web Site
wu~ad, cfianhauvt, mn.m
FROM:
DATE:
SUB J:
Julie Hoium, Planner I
Steven Torell, Building Official ~
August 22, 2001
Review of request for a conditional use permit for consmL~on of
shed at 9201 Audobon Road.
Planning Case: 2001-5 CUP
I have reviewed the request for the above conditional use permit and have the
following conditions and comments:
1. The applicant must contact the -ln.~pecfions- Division to discuss the
possibility of locating and establishing an alternate on-site sewage ~atment
site. TNs site as well as the existing site must be protected from damage
during the construction of the building.
2. A building permit must be obtained before beginning constm~on.
G/safety/st/memos/plan/9201AudobonRd cup
Ci~. of CAan~. A ~win~ communit~ with dean lakes, oualio school, c, a chanai~ doumtv~ thriving buchuua, and beauli~ t~ada. A treat tdace to live, work, and tda~
R-19,1.0.17
L-73.23
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--60'9/_[--
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CHAN-HASS~ PLANNING COMMISSION
REG~ MEETING
SEPTEMBER 4, 2001
Chairwoman Blackowiak called the meeting to order at 7:00 pan.
MEMBERS PRESENT: Rich Slagle, Alison Blackowiak, Craig Claybaugh, Deb Kind and Uli Sacchet
M~EMBERS ABSENT: LuAnn Sidney and Bruce Feik
CITY COUNCIL LIAISON PRESENT: Mayor Linda Jansen
STAFF PRESENT: Bob Generous, Senior Planner; Sulie Hoium, Planner I and Matt Saam, Project
PUBLIC PRESENT FOR ALL ITEM~:
Janet & Jerry Paulsen 7305 I. aredo Drive
Deb Lloyd 7302 Laredo Drive
(Due to the poor quality of the audio portionof the meeting, discussion in the minutes is not complete.)
PUBLIC HEARING:
CONSIDER THE REQUEST FOR A CONDITIONAl. USE PERMIT FOR DEVEI~~
WITHIN THE BLUFF CREEK OVERLAY DISTRICT AND VARIANCES TQ ALLOW
CONSTRUCT/ON OF A 1~640 sO. lei'. GARAGEdPOLI~. BARN ON PROP~'.RTY ZONED
AGRICULTURAL ESTATE AND LOCATED AT 9201 AUDUBON RQAD~ gRIG TI:W..~qlP-
ROSALES.
Julle Hoium presented the staff report on this item.
Blackowiak: Commissioners, any questions of staff?
Sacchet: Yeah, I have a few quick questions. They really only have to meet 75% requirement and so the
variance is that small variance...
Hoium: If they met 75%...
Sacchet: Okay. Then in the one condition about the possibility of locating and establi.~hing an alternate
on-site sewage treatment, what other sewage treatment...
Hoiurm The applicant might be better able to address that.
Sacchet: I can ask the applicant then. And then the last question, in the letter from the applicant there
was an item that says this is a setback variance request for 5 foot setback. Did you determine that was
not necessary or what happened to that?
Hoiurm What happened was, and I don't know if I, originally the applicant proposed a separate stn~cture.
We worked with him so that he would meet all of the setbacks...
Planning Commission Meeting- September 4, 2001
Sacchet: ...okay, that answered my questions. Thank you.
Kin& Yes Madam Chair. Typically...do you have those numbers?
Hoium: Yes .... currently the lot coverage is... With this proposed structure it's...
Kind: Thank you.
Blackowiak: Would the applicant or their designee like to make a presentation? If so, please come
forward and state your name and address for the record.
Eric Theship-Rosales: My name is Eric Theship-Rosales, 9201 Audubon Road. If you have any
questions I'll be happy to answer them. The question about sewage on the site. The portion of the lot...
Sacchet: In the conditions...possibility of locating and establishing an alternate on-site sewage treatment
site. What's your feelings about that?
Eric Theship-Rosales: I don't really understand that.
Sacchet: Maybe... The other question is...
Blackowiak: This item is open for a public hearing. So if anybody would like to speak to this issue,
please come to the microphone and state your nam~ and address for the record. Seeing no one, I will
close the public hearing. Commissioners, any comments? Uli?
Sacchet: Yeah, real quick.' I have so many... My comments. I think it's very straight forward and I
think it's a sizeable...
Blackowiak: Comments?
Kind: I agree with Uli. I went and looked at the site today and there is a very large... At first I was
concerned about the size of the structure...I think it will improve the site...and I support the applicant's
proposal.
Blackowiak: Okay. Anything else to add?
Claybaugh: No.
Blackowiak: No? Okay. And I don't have much else to add. Just that I do think...it's a reasonable use
of this property and as long as the applicant understands the prohibition on any type of home business, I
think we're clear on this so with that, would anyone like to make a motion?
Kind: Madam Chair I'll move the Planning Commission recommends approval of conditional use permit
W2001-5 to permit construction of a 1,640 square foot garage/pole barn subject to the following
conditions f through n.
Blackowiak: Okay, there's been a motion. Is there a second?
Planning Commission Meeting - September 4, 2001
Sacchet: I second that. May I make a friendly amendment?
What's currently there as (i), add silt fence along the north side of the proposed garage during
construction and remove it after.
Kind: I'll accept that amencln~nt.
Kind moved, Sacchet seconded that the Planning Comm|~don recommends approval of
Conditional Use Permit ~)01-$ to permit construction of a 1,640 square foot gamgedpole barn,
subject to the following conditions:
le
Show the loca6ion of the proposed driveway access to the garage. Also, show the proposed
driveway grade.
2. Show the proposed floor elevation of the new portion of the garage.
3. Show all existing and proposed conwur elevations.
4.
Add silt fence along thc north side of the proposed garage during construction and removal
the silt fence after constructiom
5.
Them shall be no grading past the top of the bluff line as shown on the survey dated Suly 26,
2001.
· .
.
The applicant must contact the Inspections Division to discuss the possibility of locating and
establishing an almrnam on-sim sewage treatment sim. This site as well as the existing site must
be protected from damage during the construction of the building.
7. A building permit must be obtained before be~nning conslxucfion.
.
The proposed garage/pole barn may not be used to conduct any home occupation as subject to
Sec. 20-977 of the ordinance.
AU voted in favor and the motion carried unanimously 5 to 0.
Kind: Madam Chair I'll move the second motion here. I move the Planning Commission ~ds
approval of the 3,654 square foot variance from the 2 ½ minimum lot area for the construction of a 1,640
square foot garage/pole barn based on the findings of fact
Blackowiak: There's a motion. Is there a second7
Sacchec FI1 second that.
Kind moved, Sacchet seconded that the Planning Commi~don recommends approval of the 3,654
sqnnre foot variance from the 2 Va acre minimum lot area for the construction of a 1,640 square
foot garage/pole barn based on the findings of fact. AU voted in favor and the motion carried
ummlmously 5 to 0.
CITY OF
PC DATE:
CC DATE:
10/3/01
STAFF
REPORT
By:. MS, ~ BG
LOCATION:
Request for a conditional use ~t to develop within the Bluff Creek
Overlay District and an Interim Use Permit to grade a portion of the
development.
Southeast Q~sdnmt of Highways 41 and 5.
Steine~ Development, Inc.
3610 South County Road 101
Wayzata, MN 55391
(952) 473-5650
PRES~ ZONING: PUD (Planned Unit Development- Office Industrial Park)
ACR~&GE: 34.7 acres
DENSITY: NA
SUMMARY OF REQUF~T: The applicant, Steiner Development, Inc. is requesling a
conditional use pemait to develop within the Bluff Creek Overlay District and an Interim Use
Permit to grade a portion of thc development. Thc grading would include thc stoc~ of dirt
fi'om thc Agoomtum Service Center site as well as from ouflots within thc development. Thc
applicant proposes to rough grade the parcels on either side of Century Boulevard adjacent to
Highway 5.
Notice of this public hearing has been mailed to all ~ owners within 500 feet.
LEVEL OF CH~ DISCRETION IN DECISION-MAKING: The City has limited discretion
in approving or denying conditional use permits, based on whether or not thc pmIx~al meets thc
conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the
applicable conditional use permit standards are met, the permit must be approved. This is a
quasi-judicial decision.
5 Aut~
6 Aut,
Ridge Ct
Ridge Ln
Ridge Wa
Steiner Development CUP/IUP
September 4, 2001
Page 2
APPLICABLE REGIRATIONS
Chapter 7, Article 111_ Excavating, Mining, Filling and ~g
Sections 20-231 through 20-237, Conditional Use Permits
Sections 20-1551 through 20-1564, Bluff Creek Overlay District
PROPOSAL SUMMARY
The applicant, Steiner Development, Inc., is requesting a conditional use permit to develop within.'
the Bluff Creek Overlay District and an Interim Use Permit to grade a portion of the development.
Grading usually is approved as part of a subdivision or site plan. However, the ordinance does
permit grading of ~ through the Interim Use Permit. Interim use permits are processed as
conditional use permits. The grading would include the stockpiling of dirt from the ~mm
Service Center site as well as from other lots and outlots within the development. The applicant
proposes to rough grade the parcels on either side of Century Boulevard adjacent to Highway $.
Only the portion of the development east of Century Boulevard is included within the Bluff Creek
Overlay District. Since any part of the project is within the Bluff Creek Overlay District, a
conditional use permit must be approved.
Staff is recommending approval of the interim use permit and conditional use permit based on the
findings in the staff report and the con..ditions of approval.
..
GRADING/DRAINAGF./EROSION CONTROL
The applicant is requesting an interim use permit to import approximately 11,000 cubic yards of
material. The site is located at the southeast quadrant of Trunk Highway 5 and Trunk Highway
41. The site will be left in a condition that will facilitate its furore development for
office/industrial use consistent with the 2020 Comprehensive Plan. The site is also in the Bluff
Creek Overlay District.
There is an ag/urban wetland located in the northwesterly comer of the site. The proposed fill
area will be approximately 500 feet from thc wetland edge at its closest point. No impacts to. the
wetland are anticipated from this project. The proposed fill area has'no significant vegetation.
The area containing trees on this site is located along the far westerly lot line of the site, which
will not be impacted by this application. - -
The applicant is generating this excess fill material from another site in the business park which
will be graded and built on. Instead of paying the cosily expense of hauling the material off site,
the applicant is proposing to stockpile the material on Ouflot C as shown. This will help achieve
an overall site balance when Ouflot C is developed. The hauling operation is anticipated to begin
as soon as permit approval is obtained. Permitted hours of operation will be 7:00 a.m. to 6:00
p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on
Sunday or legal holidays. Staff has not yet received a proposed haul route as required. Staff is
recommending that the applicant provide a proposed haul route for review and approval.
Steiner Development CUP/IUP
September 4, 2001
Page 3
No erosion control has been shown on the plan. Staff recommends that Type I silt fence be
added around the outer fill limits on the north, south and east sides of the stockpile. This will
help prevent any dirt or sediment from draining offsite or into the adjacent highway ditch. All
disturbed areas as a result of construction will be required to be reseeded and mulched within two
weeks of site grading.
An interim use permit expires one year from the date of approval fi.om the City Council. The
permit may be renewed on an annual basis subject to City Council approval. The applicant will
need to request a formal extension 45 days prior to the expiration date. Security to guarantee
restoration and erosion control measures will be required with the permit. The permit is also
subject to administration fees. The administration fees are based on the number of cubic yards of
material being imported. The fees are taken from the Uniform Building Code Appendix, Chapter
33. Based on 11,000 cubic yards of material, the applicant shall pay the City $331.00 prior to the
City signing the permit.
WETLANDS
One ag/urban wetland exists along the south and east edges of Outlot D, Arboretum Business
Park. To prevent erosion of the steep slopes on the south and east portions of the site, an erosion
control blanket should be installed on the slope faces. Silt fence should be provided adjacent to
all areas to be preserved as wetland buffer.
A ten-foot wide wetland buffer must be preserved around the wetland basin. Existing vegetation
within the wetland buffer must be left undisturbed unless otherwise approved. Wetland buffer -
areas should be surveyed and staked in accordance with the City's wetland ordinance. The
applicant will install wetland buffer edge signs, under the direction of City staff, before construction
begins and will pay the City $20 per sign.
BLUFF CREEK OVERLAY DISTRICT
The proposed project is adjacent to the primary or secondary corridors of the Bluff Creek Overlay
District. The primary corridor extends to the edge of the ten-foot wide wetland buffer. All furore
structures must maintain a 40-foot setback fi.om the primary corridor. No grading may occur
within 20 feet of the primary corridor. The grading plan should be revised to reflect this
requirement.
When approving a conditional use permit, the City must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the conditional
use Section 20-232, include the following 12 items:
Ii
Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city.
Steiner Development CUP/KJP
September 4, 2001
Page 4
Finding: The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
2. Will be consistent with the objectives of the city's com,mehensive plan and this chapter.
Finding: The propo~ use is consistent with the objectives of the city's comprehensive
plan and this chapter, in that it will prepare the site for development in accordance with the
comprehensive plan and the Arboretum Business Park standards.
Will be designed, commaeted, operated and maintained so to be compatible in appearance
with the existing or intended character of the genexal vicinity and will not change the
essential character of that area.
Finding: The proposed use is designed, constructed, epemted and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that ~
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The proposed use is not hazardous or disturbing to existing or planned
neighboring uses.
.
Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems-and
schools; or will be served adequately by such facilities and services provided by the persons
or agencies responsible for the establishment of the proposed use.
Finding: The proposed use is served adequately by essential public facilities and services,
including streets, police and fire protection, drainage stmcttmes, refuse disposal, water and
sewer systems and schools.
1
Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic wcffare of thc commtmity.
Finding: Thc proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic weffare of the community.
e
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any pemms, ~ or the general welfare because of
excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: The proposed use does not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, ~ or
the general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Steiner Development CUP/IUP
September 4, 2001
Page 5
1
Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
e
Finding: The proposed use has vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrotmding public thoroughfares.
Will not result in the destruction, loss or damage of solar ms, natural, scenic or historic
features of major significance.
Finding: The proposed use does not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance. The grading will prepare
the site for development in accordance with the comprehensive plan and the Arboretum
Business Park standards.
10. Will be aesthetically compatible with the area.
Finding: The proposed use is aesthetically compatible with the area.
11. Will not depreciate surrounding property values.
12.
Finding: The proposed use will not depreciate surrounding property values.
Will meet standards prescribed for certain uses as provided in this article.
Finding: The proposed use meets standards prescribed for certain uses as provided in this
article.
.PLANNING COMMISSION UPDATE
The Planning Commission held a public hearing on September 4, 2001, to review the proposed
Interim Use Permit (IUP) for grading and Conditional Use Permit (CUP) for development within
the Bluff Creek Overlay district. The Planning Commission voted 4 for and 1 against a motion
recommending approval of the IUP and CUP subject to the conditions of the staff report with
modification to condition 9 adding '~rhe silt fence shall be removed upon completion of the
project," and the addition of the following conditions:
· Stockpile shall not exceed 11,000 cubic yards or an elevation of 997.
· The applicant is encouraged to use a haul route staying within Arboretum Business
Park, avoiding Highway 41 and Highway 5.
Following the Planning Commission meeting of September 4, 2001, issues were raised
concerning the amount of information shown on the submitted grading plan. Since then, staff
has reviewed the plan a second time and recommends the following additional conditions:
· Show all of the proposed grading in a minimum 50-foot scale drawing.
Steiner Development CUP/IUP
September 4, 2001
Page 6
· Show the proposed elevation contours for the dirt stockpile area on Outlot C.
· The storm sewer in Century Boulevard is not ac, cm. Show the correct alignment
for the existing storm sewer in Century Boulevard.
The construction of the 36-inch diameter storm sewer, which is shown west of
Century Boulevard, will require a public utility easement, financial security, plans &
specifications, and City Council approval for the public improvement.
· The proposed silt fence, adjacent to the wetland south of Ouflot D, must be type 3 silt
fence.
· Add City detail plate #5300 to the plans.
· Century Boulevard is already in place. As such, delete the proposed grading contours
in Century Boulevard from the plan.
· Add a benchmark to the plans.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The City Council approves Interim Use Permit g2001-1 to grade a portion of the Arboretum
Business Park development and Conditional Use Permit g2001-8 to permit development within the
Bluff Creek Overlay District subject to the following conditions:
The applicant shall provide the City with a cash escrow or letter of credit in the amount of
$5,000.00 to gumantee erosion control measures and site restoration and compliance with
the interim use permit.
2. The applicant shall obtain a Watershed District permit.
3. The applicant must provide a proposed haul route for review and approval.
Type I silt fence must be added around the outer fill limits on the north, south and east
sides of the stockpile.
m
All disturbed areas as a result of construction will be required to be reseext~ and mulched
within two weeks of site grading.
1
The applicant shall pay the City an administration fee of $331.00 prior to the City signing
the permit.
Steiner Development CUP/IUP
September 4, 2001
Page 7
1
The existing building and outbuildings and any septic system or wells on Outlot D,
Arboretum Business Park, shall be abandoned in accordance with City and/or State codes.
.
An erosion control blanket shall be installed on the faces of the south and east slopes on
Ouflot D, Arboretum Business Park.
,
Silt fence shall be provided adjacent to all areas to be preserved as wetland buffer. The
silt fence shall be removed upon completion of the project.
10.
A ten-foot wide wetland buffer shall be preserved around the wetland basin. Existing
vegetation within the wetland buffer shall be left undisturbed unless otherwise approved.
11.
Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The applicant shall install wetland buffer edge signs, under the direction of City
staff, before construction begins and shall pay the City $20 per sign.
12.
The grading plan shall be revised so that no grading is proposed within 20 feet of the
primary corridor.
13. Stockpile shall not exceed 11,000 cubic yards or an elevation Of 997.
14.
The applicant is encouraged to use a haul route staying within Arboretum Business Pa~k,
avoiding Highway 41 and Highway 5.
15. Show all of the proposed grading in a minimum 50-foot scale drawing.
16. Show the proposed elevation contours for the dirt stockpile area on Ouflot C.
17.
The storm sewer in Century Boulevard is not accurate. Show the correct alignment for
the existing storm sewer in Century Boulevard.
18.
The construction of the 36-inch diameter storm sewer, which is shown west of Century
Boulevard, will require a public utility easement, financial security, plans &
specifications, and City Council approval for the public improvement.
19.
The proposed silt fence, adjacent to the wetland south of Outlot D, must be type 3 silt
fence.
20. Add City detail plate #5300 to the plans.
21.
Century Boulevard is already in place. As such, delete the proposed grading contours in
Century Boulevard from the plan.
22. Add a benchmark to the plans."
Steiner Development CUP/RIP
September 4, 2001
Page 8
ATrA~S
1. Findings of Fact and Recommendation
2. Reduced Copy of Grading Plan
3. Public He~ng Notice and Mailing List
4. Planning Commission Minutes of 9/4/01
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNT]ES, IVl]NN-ESOTA
FINDINGS OF FACT
AND RECOMMENDATION
Application of Steiner Development, Inc. for an Interim Use Permit to grade and a Conditional
Use Permit to develop within the Bluff Creek Overlay District.
On September 4, 2001, the Chanhassen Planning Commission met at its regularly
schedule meeting to consider the application of Steiner Development, Inc., for an interim use
permit and conditional use permit for the property located at the southeast comer of Highways 5
and 41. The Planning Commission conducted a public hearing on the proposed interim use and
conditional use which was preceded by published and mailed notice. The Planning Commission
heard testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
,
,
The property is currently zoned Planned Unit Development (PUD).
The property is guided by the Land Use Plan for Office/Industrial.
The legal description of the property is: Outlot D, Arboretum Business Park;
Ouflot C, Arboretum Business Park 2~a Addition; and Lot 2, Block 1, Arboretum
Business Park 3~ Addition
Section 20-232:
a. Will not be detrimental to or enhance the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
b. Will be consistent with the objectives of the city's comprehensive plan and
this chapter, in that it will prepare the site for development in accordance
with the comprehensive plan and the Arboretum Business Park standards.
c. Will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area.
Steiner Development CUP/KJP
September 4, 2001
Page 2
d. Will not be hazardous or disturbing to existing or planned neighboring
USES.
e. The proposed use is served adequately by essential public facilitiES and
services, including sm~ets, police and fire protection, drainage s~,
refuse disposal, water and sewer systems and schools.
f. Will not create excessive requirements for public facilitiES and services
and will not be detrimental to the economic weffare of the community.
g. Will not involve usES, activitiES, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or
the general weffare because of excessive production of m~fic, noise,
smoke, fumES, glare, odors, rodents, or trash.
h. Will have vehicular approachES to the property which do not create traffic
congEStion or interfere with traffic or surrounding public thoroughfares.
i. Will not result in the destruction, loss or damage of solar access, natural,
scenic or historic features of major significance. The grading will prepare
the site for development in ~ce with the comprehensive plan and the
Arboretum BusinesS Park standards.
j. Will be aESthetically compatible with the area.
k. Will not depreciate surrounding property values~
1. Will meet standards prescribed for certain uses as p~ovided in this article.
5. The planning report IUP ~2001-1 and CUP g2001-8 dated September 4, 2001,
prepared by Robert Generous, et al, is incorporated herein.
RECOMMI~NDATION
The Planning Commission recommends that the City Council approve the interim
use permit and conditional use permit.
ADOPTED by the Chanhassen Planning Commission this
day of
Steiner Development CUP/IUP
September 4, 2001
Page 3
CHANHASSEN PlANNiNG COMMISSION
BY:
Its Chairman
ATTEST:
Secretary
g:~plan~bg~arborclum business parlfigrading iup 2001-1 cup 2001-8.doc
BB/B2/B1 B9:54: 4B
Page BBZ
CITY OF ~tANHABS~N
eeo OOUL'rER DRIVI
DEW~ REViE~ AP~TION
C~mp~'rmlve Plen Amendment
Sign Perrnlta
_ 81gn Plan Review
8lie Plan ReVieW'
II I II -- _ I - I
II ·
--il . II
II
_.1 ii ]1 __1
14oo Minor re.m)
...._ 8uMIviMon' TOTAl.
A get of BII prol)erl~ ownm wlffdn ~00 fid4 of th~ bomdlrlN of h p~ muet be irmlucled wllh Ihe
Building nlate~l mBmplem muet be .ubmltted with era pl.n ~.
full elze ~ oopkm of the plan. muet be eubmltte4h Inoluding en el~" X 11" reduced OOl~' of
i
will lam l'eClulred for other .ppll~iUonl through the development oontrm~
NOTE - When multiple applloatlonm ere proeee.ed, the appropriate fee ~ be charged for each epplk~tlon,
EIEI/B?./Ell 1719 ~55 ',FI4 612-937-5739-> 95;?,t73705EI ?age la03
PROJEOT NAME _
LOCATION
LEOAL DEISCRIPTION
i i _.1 _ i
PREaENT ~NINe .... : ~~ _
~ - la _ i i i ~ i .__
REQU~D ~NING ~ ~~ . ,
l_ I - _--1 I __
REQU~D ~D:Ua~ DEBIGNA~ON
R~ON FOR THiS
Thl, ~pll~ mdat ~~d In full .~
and ~ ~ulmd ~ ~l~ble O~ O~l~n~ pr~on~, ~ ~llng ~1. ~~n, you ~uld mn~r ~ ~e Plannl~
De~nt ~ dMe~lne'~e ~~ o~lnan~ ~ ~duml ~ulm~n~ appl~a ~ ~ur ~pl~t~.
.
~ ~ l~uM ~t~ga~lng any mawr pe~lnlng ~ ~1~ a~l~, I h~e e~o~ a mW ~ P~ of ~emhlp
(e~er ~ ~ ~~ Dupll~ Ce~a~ of ~, Ab.~ ~ T~. or pu~t~ ~memen0, ~ I am ~ a~ed pemon
I ~1 ke~ ~eE In~ of the d~dllnaa for eu~l~l~ of ~~ a~ ~e ~m~ ~ ~1~ ep~U~. I ~er
unde~ ~at ~dl~nal f~ may be ~e~d ~ ~nlu~ng ~a, ~albll~ ~, ~. ~ an ~U~ pd~ ~ any
lu~~on ~ p~ ~ ~e arum. ~e do~n~ and ln~~n I
Received rm _: _. Fee Paid .,.
The erg hereby noqflee the .pplloant that development review cannot be completed within It0 daya due to publlo hearing
requlrement~ and ~en~ review. Therefore, the olty la notifying the applloJnt that the ~ requlree an automa~ eO day
extenl~lon for deve~l~t r~lew. Development review mhlll be oompleted wlt~ln 120 d~e unle~ additional review
extenalona ire ap~ by the
Reoelpt No.
The ,,ppll~nt ehoujd ~or~taot etJff for i copy of the mt~ff report whloh will be ewlllble on Friday prior to the meeting.
I! not oorltleted, · copy ~ the I~port will be mailed to Se epplloe~t'~ ,~ddrejJ,
..,I ..... · .... 1 - 11~4 .iii- ~; ii, I -I i 4
***END***
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 4, 2001 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL:
Interim Use Permit and
Conditional Use Permit
APPLICANT: Steiner Development, Inc.
LOCATION: Arboretum Business Park
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Steiner
Development, is requesting an interim use permit and conditional use permit to grade property within
the Bluff Creek Overlay District within the Arboretum Business Park.
What Happens at the Meeting: The purpose of this public hearing is to Inform you about the applicant's
request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Bob 937-1900 ext. 141. If you choose to submit written comments, it. Is helpful to have one.
copy to the department in advance of the meeting. Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on August 23,'2001'
:umn Rldg
~mn
~rnn
~.GENTS OF UNIV OF MINNESOTA
'O REAL ESTATE OFFICE
19 15TH AVE SE 424 DON HOWI~
[]NNEAPOI~ MN 55455
AMERICAN BAPTIST SOC $.L
~:R. VICF~ CORPORATION
~3 ARBORETUM BLV
XC~ SIOR MN 55331
D'LTE HOMES OF MINNF_3OTA CORP
~55 MENIX)TA HEIGI-E. SUITE 300
[ENDOTA HF_.IG~ MN 55120
IlYOF CItA.IqI-IAS SF~
io scoTr o'rcm l
~:I.t~$SEN MN 55317
CHASKA GATEWAY PARTNERS
3610 CO RD 101 ~
WA~ MN 55391
CHASKA GATEWAY PARTNERS
3610 CO RD 101_.....---''~'
WA~ MN 55391
CENTURY 2000 PARTNERS l J.p
3610 SOUTH HWY 101
WAYZATA MN 55391
WATERTOWER PARTNERS I.LC
PO BOX 265
WACONIA MN 55387
OF UNIV OF MINNESOTA
REAL ESTATE OFFICE
,9 15TH AVE SE DON HOW[
MN 55455
CHASKA GATEWAY PAR~
3610 CO RD 101~
WA ..~.~~ MN 55391
OF UNIV OF MINNESOTA
REAL ESTATE
.9 15TI-I AVE 424 DON HOW[
MN 55455
CITY OF CHANHASSEN
C/O SCO'I'r BOT~
690 CITY ~ DR PO BOX 147
~ MN 55317
~10 SOUTH HWY 101
MN 55391
CHASKA GATEWAY PAR~I~RS
3610 CO RD 101 _~-
WA.~ MN 55391
OF CHANHASSEN
SCOT]?
CITY DR PO BOX 147
MN 55317
CHASKAGATEWAY PAR~
3610 CO RD101~
W~.~~ MN 55391
GATEWAY PARTNERS
;10 CO RD 101
MN 55391
CITY OF CHANI-IASS~/
C/O SCO'I'r B~
690 C~_~a~ER DR PO BOX 147
Ct~:IASSEN MN 55317
GATEWAY P_~AI~qERS
co
,~.~...~ MN 55391
LUNDGREN BROS CONSTRUCTION
935 WAYZATA BLVD E
WAYZATA MN 55391
Planning Commission Meeting - September 4, 2001
P__UBLIC HEARING:
CONSIDER THE REQUEST FQR AN It~ERIM USE PERMIT AND C NDITIONAL E
PE~ TO GRADE PROPERTY IN THE BLUFF CREEK ~)VERLAY DI.STRICT~
ARBORETUM BUSINESS ~CATED IN THE SOUTHEAST QUADRANT QF TH 41
AND TH 5_~_STEINER DEVELOPMENT INC.
Bob Generous presented the staff report on this item.
Blackowiak: Thank you. Commissioners, any questions of staff?
Kind: Yes Madam Chair, I have a couple questions. On the...I noticed there's no time limit on
that... 10-20 years...
Generous: ...valuable piece of property and it costs the developer money just to leave that for holding
dirt. They have an incentive when Highway $ is completed to sell the property. And this is one that we
really want to have a more corporate type...put in there. Plus there's additional design standards that are
built into the PUD.
Kind: ...and I understand this is only 5 feet high so it's not a mountain...was quite a bit of dirt...visual
impact if it stays a long time or?
Saam: I can add some to that Madam Chair, commissioners. You'll see it from Highway 5. It's not like
it's going to be over towering. I think the top of the berm...will be even with the road. We require it to
be seeded, vegetated, a silt fence put up so erosion won't occur. Once the vegetation is established, we
don't see a problem with it. And ifI could just say, I don't believe there's any ordinance in town
prohibiting people from, once they obtain a grading permit for stockpiling dirt for however.long they
want to so I don't have a problem with putting it in here.
Kind: Once you grant this, could they make the stockpile bigger than it was...
Saam: Conceivably they could. They would have to provide us with a revised plan for review and
approval and I guess I have to check with Roger, the City Attorney to see if that would have to come back
then to Planning Commission and City Council on that. I'm not sure.
Kind: ...the other question I had is regarding the haul route. Do we have any more information about
where that would be?
Saarm No, I haven't. I was on vacation for a week. I haven't talked with Fred since the staff report
came out so I'm hoping he'll say something tonight or in the near future.
Kind: My concern is that if it is along a residential area, the operating time til 6:00 p.m .... at 7:00 a.m. is
of some concern to me.
Saam: I would assume, and again I haven't talked with them. I would assume they'd be using the
Century Boulevard and maybe come out 5 or 82~ Street. Something like that. That's something that we
would review once they provide us with a haul route to see where is he coming from. Will he be going
through a neighborhood or not and there isn't any residential right near the site so.
Planning Commission Meeting - September 4, 2001
Kind: Typically if they do go along residential areas...
Saam: City ordinance right now is 7:00 to 6:00. What's provided in the staff report so I'm not sure of
the legality. I guess we could go a certain...from that.
Kind: Very good, thank you.
Blackowlak: Any questions for the applicant?
$1agle: Not fight now.
Sacchet: Yeah... First of all I want to clarify where the boundary of the Bluff Creek Watershed. Is that
that big dash line?
Generous: On the plan, that black dash line is the wetland edge. What we're showing is the buffer
requirement 10 feet beyond that. It gives you the primary zone boundary...and that includes the primary
zone boundary and then all the setbacks are established from there.
Sacchet: And then you...
Generous: Yes, under the Bluff Creek...the first 20 feet of the 40 foot required building setback is a no
cut zone. In essence...buffer yard.
Sacchet: So that buffer would go from the back line...
Generous: The 20 foot would be from 10 feet in.
Sacchet: From 10 feet in. So we don't have...And in the staff report it says, it doesn't really do...
northwest quadrant, the...Ouflot C. That's not at ail true for the lot...to the east, correct?
Generous: Correct.
Sacchet: Do we have a...does the same hold true for the lot on the south...? There are trees there...
Generous: Correct.
Sacchet: But we don't know how many...
Generous: As part of the...area wide review that was done originally.
Sacchet: The PUD?
Generous: Yes. Under the...approval.
Sacchet: In terms of the Bluff Creek overlay, does that allow that much...
Generous: I don't know that it specifically addresses that under the c~linance. The PUD knew that that
site would...They are maintaining a :3 to 1 slope which is what our ordinance permits. We're doing what
we can to mitigate the potential for erosion on that...
Planning Commission Meeting - September 4, 2001
Sacchet: The original PUD envisioned the...
Generous: They looked at flattening this area.
Saochet: Just by looking at this, without looking in real detail, it looks like the northwest...
Generous: In comparison, if you look at this plan and...
Sacchet: Okay. Then I have another couple questions mai quick. There's kind of a dip just west of
Century Boulevard on the west side where the elevation goes down to... That's not a wetland...?
Saam: Commissioners, I spoke with our Water Resources Coordinator, Loft I-Iaak on that subject. She
had said no, that isn't. We looked at it because the City is currently upgrading Century Boulevard from
there and just north of the Lot 4 up to Highway 5. So no.
Sacchet: At best it would be a very degraded wetland.
Saam: Exactly.
Sacchet: I was curious where we had that.
Saam: The only reason it's holding water is because this road bed was filled in.
Sacchet: So that created the berm?
Saam: Yes.
Saechet: ...That lot on the south that a lot of dirt comes fi.om, it has proposed filling elevation of 990
feet, which is 5 foot lower than the Arboretum... It seems like the way the terrain goes it's actually
higher...
The elevations, I can't read the elevations on the plan. The elevation goes straight through the buffer...
Saam: That's 1,000 right there.
Sacchet: ...so basically we have...this water tower because we're putting that...
Generous: All the pines on the west side will be...
Sacchet: Yeah, they're kind of between where the buffer...water tower, okay.
Blaekowiak: I just have a quick question. Let me go to my map. One of the conditions has to do with a
silt fence on the north, south and east sides. Why not the west? What's the rationale7
Saam: Yeah, it refers to the stockpile area and Ouflot C, west of Century Boulevard because west of the
stockpile is rising in elevation. So typically you put silt fence where the dirt can fall off the cliff so to
speak. Not on rising hill. It basically won't go anywhere to the west. It will only fall off the north, south
and east.
Planning Commission Meeting - September 4, 2001
Blackowiak: Okay, so they're going to flatten the area out underneath it...?
Saam: Yeah, it will be tied into those elevations so it will be.
Blackowiak: So what will be the highest point that we see7 Will we see roughly 995 on thi~7 What can
we expect to see7
Saam: Maybe the applicant can add something but I would say roughly 991-990. I don't think it's going
to be 5 feet higher than the lowest point there, which is 992.
Blackowialc Alright. I just thought...
Saam: We'll have to do a little grading there to tie into the existing land, yeah.
Blackowialc ...we're going to do all that, okay.
Saam: And we will be having them revise this to show in a little more detail how that's going to work.
Blackowiak: Alright, thank you. Atrighty. Well, would the applicant or their designee like to make a
presentation? If so,-please come to the podium and state your name and ~s for the record:
Fred Richteri Fred Richter with Steiner Development. I think rn just make a little clarification...why
we're...this interim grading permit. Going back to our 1997 PUD, we had always anticipated the gr,_des
out here... We've had three phases already of grading and as we're marketing two of the subject
properties, either side of Conmry, negotiating for the boundaries that with the buyers there's more final'
site plan review and platting beyond the future. There' s quite a bit of compaction to.get.up to what we
call the rough grade before we put a building on it. Therefore we'~ really asking the flexibility to.kind '
of close out the development with the exception of setlJng the final grade on the large comer lot... So our
objective is to implement our final, or our next to final grading plan. In fact we may have both site plan
review projects come in on what I'll call on the east side, there might be two separate parcels ~
here... One of the other facets driving this request is the excess dirt coming off of...
Sacchet: ...so a lot.of dirt would go in the lot...Centu~ Boulevard to the west because...And then some
of the extra...
Fred Richter. Because we can't, there's technical ramifications. You can't place ~ble dirt on
soil that hasn't been corrected. It has to be demuckeat and...bring the soils into compacted...
Sacchet: And then that pile you would use...east of Ce. ntu~, you're, taking...
Fred Richter: Yeah, not quite 22. The highest point here is 988...
Sacchet: So on the east side of Century Boulevard you pretty much use the dirt and you take it off the
hill...
Slagle: I have just a quick question. Regarding the mute...
Fred Richter: That site is right up in here and they will either come out on 5 and go down the
highway...like that or they'll have to go through their service station and come down 82x~...
Planning Commission Meeting - September 4, 2001
Slagle: So do you see it going on 417
Fred Richter: No...
Blackowiak: Any other questions for the applicant?
Claybaugh: ...how close is...
Fred Richter: ...this one will...
Kind: Madam Chair, a question about the auto service center next to Citgo. If I remember fight, we
talked about some of those mature trees being spaded out and moved.
Fred Richter: That's all, we don't have a plan on that particular...we saved that mature line of ash on the
north and then we saved a number of those mature pines...
Blackowiak: Alright, this item is open for a public hearing so if anybody would like to come up to the
microphone and make comments, please do so at this time. Seeing no one I will close the public hearing.
Commissioners, if you have any comments, now is the time. Rich, any comments?
Slagle: ...question, just concerned about the route. I think otherwise it's...certainly the folks on 5 and
41 who travel that. I'm sure they've had their fill...
Blackowiak: Uli, comments?
Sacchet: I think what the applicant's trying to do on the west side of Century Boulevard makes good
sense. I don't have a problem with stockpiling of dirt...what's happening on the east side of Century
Boulevard...that I really have a problem with...with such a steep slope, so close to a sensitive area like
Bluff Creek...findings for, that are required for this application, there are out of the 12 findings, there are
4, 5 and 6 that I have questions based on... I do think that this...I have not been able to research the...
That this type of slope, this type of an impact...I really think that if something happens...Bluff Creek
Overlay and I do think it will essentially change the character of that area. I do believe that...and I do
think that the proposed use is disruptive in that sense.., natural features... It is aesthetically not
compatible with the area so my question is, I mean if we fred that one...one of those findings...and
therefore I will not be approving approval for the.., while I'd be perfex:fly happy to recommend approval
of the west side.
Blackowiak: Okay, Deb.
Kind: I guess before I make my comments I'd like to ask for some clarification. This whole PUD
was...before the Bluff Creek Overlay District, is that fight?
Generous: That's correct.
Kind: And therefore some of those things that Uli's talking about...PUD?
Generous: Yes. We're working on compromising... We Iried to accommodate those things. Their
expectations were...
Planning Commission Meeting - September 4, 2001
Kind: ...that's basically what would be asked when...with that I would say that I do support staff's
recommendation and I think that this is a good idea because...
Blackowiak: Okay...
Claybaugh: ...
Blackowiak: Thank you. And I just have a couple comments. Had mute seems to be an issue. I would
cex~nly favor keeping the trucks off of 41 and 5. Cfiven the cons~on that's happening on 5 right
now,...certainly in favor of having any hauling go through the existing... My other comment has to do
with the amount of fill and...so with that I would like to have a motion please.
Slagle: ...can I ask... More i ,mportanfly, after listening to Uli...was there compromiae in that eastern
lot?
Generous: Yes.
Slagle: Okay. I just...there was compromise and.
Generous: The City worked hard to...we have all of Outlot A and B as... Additionally, when that comes
in to plat, that lot, they're going to have to put the trail connection from Coulter Boulevard and Centu~,
all the way over to the Autumn Ridge development so...
Blackowiak: I need a motion.
Kind: Madam Chair I move the Planning Commi.~sion recommends approval of Interim Use Permit
g2001-1 to grade a portion of the development and Conditional Use Permit g2001-8 to permit
development within the Bluff Creek Overlay District subject to the following conditions 1 through 12
with the following changes and additions. Number 9, I'd like to add a sentence that says the silt fence
shall be removed upon completion of thc project Number 13. Stockpile shall not exceed 11,000 cubic
yards. Number 14. The applicant is encouraged to use a haul route staying within Arboretum Business
Park, avoiding Highway 41 and Highway 5.
Blackowiak: There's been a motion. Is there a second?
Slagle: Second.
Blackowiak: It's been moved and seconded. Is there any discussion?
Sacchet: Point of clarification...
Blackowiak: ...possibly to offer an amendment to specify the.
Sacchet: ...Outlot D. Nowhere on the map do I see Ouflot D. I assume that's the lot called...
Blackowiak: That's 1.
Generous: Lot I.
Planning Commission Meeting - September 4, 2001
Sacchet: Lot 1, Block 3. So should we call it Lot 1, Block 3 then?
Blackowiak: ...point of clarification...-The fact that Lot 1, Block 3 is known as Outlot D...
Kind: ... 13 to say stockpile shall not exceed 11,000 cubic yards or the elevation of 997.
Blackowiak: So there's a motion, a second. We've discussed it here...
Kind moved, Slagle seconded that the Planning Commission recommends approval of Interim Use
Permit 02001-1 to grade a portion of the development and Conditional Use Permit 02001-8 to
permit development within the Bluff Creek Overlay District subject to the following conditions:
The applicant shall provide the City with a cash escrow or letter of credit in the amount of $5,000
to guarantee erosion control meas~s and site restoration and compliance with the interim use
permit.
2. The applicant shall obtain a Watershed District permit.
3. The applicant must provide a proposed haul route for review and approval.
.
Type I silt fence must be added around the outer fill limits on the north, south and east sides of
the stockpile.
All disturbed areas as a result of construction will be required to be reseeded and mulched within
two weeks of site grading.
.
The applicant shall pay for the City an administration fee of $331 prior to the City signing the
permit.
1
The existing building and outbuildings and any septic system or wells on Outlot D, Arboretum
Business Park, shall be abandoned in accordance with City and/or State codes.
An erosion control blanket shall be installed on the faces of the south and east slopes on Outlot
D, Arboretum Business Park.
.
Silt fence shall be provided adjacent to all areas to be preserved as wetland buffer. The slit fence
shall be removed upon completion of the project.
10.
A ten-foot wide wetland buffer shall be preserved around the wetland basin. Existing vegetation
within the wetland buffer shall be left undisturbed unless otherwise approved.
11.
Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff
before construction begins and shall pay the City $20 per sign.
12.
The grading plan shall be revised so that no grading is proposed within 20 feet of the primary
corridor.
10
Planning Commission Meeting - September 4, 2001
13. Stockpile shall not ex__~eed_ 11,000 cubic yards or an elevation of 997.
14. The applicant is encouraged to use a haul route staying within Arboretmn Business Park,
avoiding Highway 41 and Highway $.
All voted in favor, except Sacchet who opposed, and the motion carried with a vote of 4 to 1.
Blackowialc And comments as stated earlier?
Sacchet: ...that the east side is...
PUBLIC HEARING:
CONSIDER THE REQUEST FQR A CONDITIONAL USE PERMIT FOR A DRIVE THROUC~H
WINDOW AND SITE PLAN REVIEW FOR A ,t,768 SQUARE FOOT CULVER'~
RESTAURANT AT 450 POND PROMENADE, LOT Iv BLOCK Iv ~GES ON ~ PONDS
2sD ADDITION~ WAYNE RISER AND ASSOCIATE~.
Public Present:
Name Address
Robert Savard 8080 Marsh Drive
Wayne Riser 13500 James Avenue, Bumsville, MN 55337
Vemelle Clayton 422 Santa Fe Circle
Mark Clarey Northcott Company
Bob Generous presented the staff report on this item.
Blackowiak: Commissioners, do you have any questions of staff7 Okay...
Kind: ...talk about the roof is made of...standing seam metal.., is that a darker blue than a typical
prototype building?
Generous: I'm not certain...
Wayne Riser: That is the.
Kind: That is it?
Wayne Riser: Yeah.
Kind: Okay. Other questions, staff recommendation on page 12, number 4. The condition talks about
thc drive through window approved only for a restautm~t usc that custom prepares foods at the ~ of the
order. My experience is that thc Culver's in Navarre, I know people who call their order in...then go
through thc drive through windows to pick up their order. Are we prohibiting that?
Generous: No. Because they don't start thc preparation until the order...
11
CTPYOF
PO t~x147
Minnaota 55317
952.93Z1900
952.93Z5739
952.95Z9152
Bdl~ ~t F~
~ORANDUM
FROM:
DATE:
Todd Hoffm~, Park and Recreation Director
September 19, 2001
Settlement Agreement and Stipulation; Fox ~ Acquisition
Attached please find the Settlement Agreement and Stipulation between Fox
Properties Limite~ Parmership and the City of Chanhassen as discussed with the
City Council on September 10, 2001.
RECOMMENDATION
Approval of the agreement and stipulation as presented by the city atWmey is
recommended.
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: CONDEMNATION
Fox Properties Limited Partnership,
a Minnesota limited partnership,
Court File No. C1-00-1592
Petitioner,
STIPULATION AND ORDER
City of Chanhassen, a Minnesota
municipal corporation,
Respondent.
This settlement agreement and stipulation ("Stipulation") is made this __ day of
September, 2001, by and between Petitioner Fox Properties l Jrrlited Partnership ("Fox
Properties") and Respondent City of Chanhassen ('~2ity").
WI~REAS, Petitioner Fox Properties and the City have each appealed the award of
the court-appointed commissioners filed in connection with the condemnation of ~ real
property located within the City and described in Exhibit A to the City's Amended Petition,
Corm File No. C8-99-1713 (the "Subject Property"); and
WI:IEREAS, the appeals of the commissioners' award, as captioned above, are
currently scheduled for jury trial in Carver County District Court; and
WHEREAS, Fox Properties and the City desire to enter into thi~ Stipulation and to
have the above-captioned matter dismi.qsed with prejudice by the mm't,
9627:2 1
NOW, THEREFORE, IT IS [l'i~.RY AGR~):
NrWULATION
1. The award of damages to Fox Properties for the taking of the Subject
Property shall be $1,295,000.00. Fox Properties acknowledges re,pt of 75% of the
commissioners' award, or $861,050.25, on October 5, 2000. Fox Pmtxxfies is aeeardingly'
entitled to an additional payment of $433,949.75 to satisfy the City's just eom!xa~, ation
obligation for the taking of the Subject Property.
2. Fox Properties is entitled to a payment of ~ from the City pmmmnt to
Minn. Stat. Ch. 117.01, et. seq. The City shall pay to Fox Properties the aforementioned
interest and the $433,949.75 remaining balance within fourteen days of the'date of this
Stipulation.
1
Fox Properties and the City hereby agree that their appeals'of the
commissioners' award in the above-referenced matter, filed on Septexnber 21, 2000 and
October 2, 2000, respectively, may be dismissed by the coart with prejudice.
4. This Stipulation constitutes the entire agreermmt between the parties. There
were no inducements or representations leading to the execution of these documents, except
as otherwise described in this Stipulation.
mm
This Stipulation is governed by and shall be construed in accordance with the
laws of the State of Minnesota.
6. The parties ftntber stipulate that the City may file its Final Certifi~ in the
City's condemnation proceeding entitled City of Chanha.qsen vs. Fox Properties l.imited
Partnership, et al., Court Erie No. C8-99-1713 and upon filing said Final Certificate these
2
proceedings with respect to the property owned by Fox Prop~des limited Partnership shall
be concluded.
FOX PROPERTIES LIMITED PARTNERSHIP
By:
Its General Parmer
CITY OF CHANHASSEN
By:
Linda C. Jansen
Its Mayor
By:
Todd Gerhardt
Its City Manager
ORDER
Based on the foregoing stipulation and agreement of the parties, and upon all of the'
files, records, and proceedings heroin, IT IS HEREBY ORDERED:
1. That the appeals of the commissioners' award in this matter by Petitioner Fox
Properties !.irnited Partnership and Respondent City of Chanhassen are dismissed with
prejudice.
2. That each party shall bear its own costs, fees and disbursements incurred in
connection with above-captioned action and in connection with Court File No. C8-99-1713.
3. The City shall be entitled to file its Final Certificate in the Carver County
District Court matter entitled City of Chanhassen vs. Fox Properties Limited Partnership, et
96272 3
al.~., Court File No. C8-99-1713 and upon filing said trmal ~cate these proceedings with
respect to the property owned by Fox Prope~es limited Partma~hip shall be concluded.
BY THE COURT:
4
CITYOF
CHANHA
TO: Mayor
City Council
FROM: Bruce M. DeJong, Finance Director
DATE:
September 18, 2001
SUBJECT: Approval of Bills
The following claims arc submitllxt for approval on Septe~nber 24, 2001:
Check Numbers
106586-106730
Total Claims
Amount
$470,048.82
$470,048.82
I recommend approval of all claims as submiRcd.
X~VOXCB AP~09]L~ LXB~ BY ~
09/24/01 ~tm~ 09/18/01
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X01;13.~0-4040
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101-13~0-4300
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101-1120-4360
101-1120-4370
101-1120-4370
101-1120-4380
X~m YXnance
101-1130-4040
101-1130-4310
101-1130-4340
101-1130-4360
101-1140-4302
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101-1180-4040 XnmLLlnc~
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31-1250-4340 ~tn9 RAMM FO~MB 'l'BOil9~___a'~Y_ 106604 ~2.LtDS]I3 ~ 5936 09/05/200 353.55
~1-1250-4340 Pr'J.n~/ng 8~2131MSST ~ ~.Tma't13 106708 ~/~ 003101 08/31/200 49.74
)1-1250-4360 ~~ ~ ~ 106621 8m~(~Zi't~ 091801 09/18/200 25.00
)1-1260-4360 14mbaru~Lp ~ ~ 106621 ~~m 091801 09/18/200 25.00
)1-1250420 Veh ~ BIWIMt8 AMOCO 106613 vm.z. CLZ m 090101 09/01/200 ¢2.~
J1-1250-4631 R~dto ~ ~ 'rBC~ll~CB,L (:~FFBR 106600 ~O ~~ 109~ 09/07/200 56.06
.................
~ O:XSO Rn~c~xmmm~ 5,804.87
J1-1260-4040 Xnourm2~:e ~i:)TC~ 106670 OCTcBn ~ :I:mUOAE~ 10127410 09//1/200 273.33
01-1260-4140 VOh 8upp FAC"?OI~ MOTCR PAEFB ~ 106634 J~ ~ 6363031 09/10/200 210.10
01-1260-4~.40 V~h 8upp ~ li~rX~. J~AEEH CCS~AMY 106634 O:B~BC/YR ~!~ 6363123 09/10/200 7.31
~_ ~C~ ~~ ~ 106620 ~m~ ~ 083101 08/31/200 1,289.32
~60-~00
01-~604310 ~1~ ~ ~ 106660 ~ ~ 081901 08/~/200 0.82
~-~0~ ~ ~ ~ ~~ ~ 106600 ~0 ~ 189~ 09/07/200 42.05
TOI=B.I.~ r~.~d-~l. 2,320.33
01-1310-4010 8ml - B~j J,BOT/VAL ~ 106636 M/BC I~CI)/~ 090201 09/02/200 50.00
.1-1310-4040 ZnluxInc8 MEDXCX 106670 ~ ~ ~ 101274~0 09/~/200 2,203.52
,1-1310~1~ ~1 & ~ ~ ~ ~ 1~677 ~-~ 63~9 08/28/~0 ~4.49
m1-1~0-4300 ~~ ~ ~, ~ 106607 ~J ~ ~ ~ 859 09/~/200 6,097.60
m~-~10~300 ~~ ~ ~M ~ 106700 ~ ~ 678016 09/~/200 36.87
~1-~104300 ~~ ~ & ~~ ~ 106735 ~ 7/41 ~ ~ ~ 40000001 00/~/200 ~,U3.~
01-13104310 ~~ K ~ 106660
0~-U~0~60 ~p ~ ~ ~0662~ ~~ 09U0~ 09/~/200 25.00
01-1310-4370 ~~ ~ ~ 106667 ~ G 09/~4/200 ~.65
0~-~0~631 u,~ ~ ~ ~~ ~ 106600 ~O ~ 10~1 09/07/200 ~.0~
.................
9,749.43
~: Bt:x'Eml:~
11-1320-4040 Xnm3x'~t~ I~DXCIk 106670 OC2V'ml~ ~ ~ 10127410 09//1/200 3,288.94
k1-1320-4120 Bqulp fJupp SIBIIOTH ~ W~__~rl~ ~ 106730 ~ ~ 8~ 08/29/200 159.75
01-1320-4~0 ~ ~ ~~~ 105622 ~~~ S3b0 09/05/200 81.01
01-~0~0 ~ ~ J-~ ~ 1066~ ~~ 253701 09/06/200 132.61
01-~0~120 ~ ~ ~ ~ ~Y ~ 106695 ~ ~ 7010816 07/31/200 3.80
01-1320-4~0 ~ ~ ~ ~ ~Y ~ 106695 ~ ~ 2~2 08/08/200 -3.80
01-~04~0 ~p ~ ~ ~ ~Y ~ 106695 ~ 21460 08/20/200 20.70
01-~204~0 ~p ~ ~ ~ ~Y ~ 106695 ~ 803~9 08/33/200 ~.83
01-1~04~0 V~ ~ L~ ~ 106666 ~ 7~089 09/~/200 ~.30
01-1~0~140 ~ ~ ~ ~ 106666 ~ 7~090 09/~/200 1~.62
~-13204140 V~ ~ ~~ ~ ~ 1066~ ~ ~ 6~8353 07/20/200 -17.05
01-13204140 ~ ~ ~~ ~ ~ 1066~ ~ ~ ~307V3 08/07/200
D1-~204140 ~ ~ ~~ P~ ~ 10~ M 83589 08/~/200 176.80
D1-1320~140 V~ ~ ~~ ~ 1066~ ~ ~/~ 083101 08/31/200
01-~0~0 V~ ~ ~ ~ ~ 10~ ~ 310827 Ogle/200 8.16
1-~04~0 V~ ~ ~~ ~ 1066~ ~ ~ 310~ 09/03/200 79.62
o9/34/Ol
D~te~ 09/18/01
3
Fund
~ GL Mmabe~ Check Invoice Du~
ACcount Ah~z~v Vendo~ ~m=~ Nu~be~ Znvoice D~mc~i~tion Numbe~ Dat~ ~wunt
101-1320-4140 Veh 81u~ BOYE~ ~ P~ 106611 ~ 312196 09/07/200
101-1320-4140 Veh~ ~~ ~ 106611 ~ 31096~ 09/04/200
101-1320-4140 Veh~ ~~ ~~ 106642 ~ DZS~ ~ 22621 09/0~/200
101-13~0-4150 ~ ~41 ~-~ ~ 106612 ~ 252290 09/04/200
101-1320-~70 ~1 &~ ~ ~Ol~ B~ 106657 ~Z ~-~ Z23268 08/30/200
101-1320-4170 ~1 & ~ HZD ~ ~ 106677 ~l~ 63189 08/28/200
101-1~20-4170 ~1 ~ H~~ ~ 106677 DI~ ~ 63190 08/28/200
101-1320-4531 ~o~ ~~~ ~ 106600 ~lO~~ 10911 09/07/200
101-~20-~60 B~lnt H~~T ~~ 106678 ~N/X 6~97~ 09/08/200
Deptz 91am~ ~m~lst~n
101-1410-4340 Printtn~
De~c~ ~lm~Lng~Amtnimt~ution
101-1430-4040 Xn~urance M~DIC~
101-1420-4310
101-1420-4360 ~h:Lp
Dept, 88nlo~J~LlttyC~m~4-l/on
101-1430-4040 Xns~
101-1530-4310 ~olepbone IMC~SZ~CON
101-1530-4360 ~b/p PKOPT..~
Dlpt~ l~J.~l,ell
101-1532-4340 ~J. ntJ..ng B'I'AR'I~XBDNE
Dept. t i~Llonft/ 'A"~,ln4r~_
101-.1.533-43.30 PL'og 8UI:~
101-1534-3631 Ro~C~gOp
101-1534-3631 RecC~p
101-1534-3631 RecC~czOp
101-1534-4340 P~lnting
101-1540-4130 ~go~ 8ug~
101-1540-4310 ~1~
101-1540-43~0 ~c/lttill
101-1550-4040 lnlugance
101-1550-4120 ~Zu..'Lp 8u:pp
101-1550-4120 ~.tip 8upp
101-1550-4120 Equip 8u~)
101-1550-4140 Voh Supp
101-1550-4150 M~nt Marl
·
101-1550-4150 #alntNatl
Street ~aint~-~_ ~
106660 'l~LBir6(l~ ~
106728 Br~"'I~ZC.Z'I~ (3n~nQ~J
106728 BZ,ECT'RZCXTY (~l]Lqf3~J
106728 BL~i"I~ZCZ'/~ ~
081901 08/19/200
090701 09/07/200
091301 09/13/200
091401 09/14/200
Total Street Lighting G Si~n~la
106670 0C/~I~KEAL~H Z~SORM~B 10127410 09/11/200
106686 ~EA~J~9 - ~ZC~ 09/17/200
106677 ~ 63189 08/28/200
106645 ~ 091101 09/1~/200
106628 ~ ~/XHP~~ 220607 09/07/200
106728 ~~ ~8 090701 09/07/200
106728 ~~ ~ 091~01 09/14/200
~08722 ~-~M~ 1593-5 09/0~/200
106q22 S~S~ 166475 09/0~/200
106722 S~ 8~ 1664~ 09/0~/200
106681 Y~ ~ 090S01 09/0S/200
106610 ~ ~ 91931316 09/04/200
106649 ~ ~ ~ ~3214 08/31/200
106600 ~ZO~ 10911 09/07/200
106708 ~/~Z~Z~ 083101 08/31/200
106670 ~ ~ Z~ 10127410 09/11/200
106660 ~ ~ 081901 08/19/200
106621 8~Z~ 091801 09/18/200
~1
10~0 ~ ~ ~~ XOX2?AiO 0~?~?~00
10~0 ~ ~ X~ XOX2?~XO O~?XI?~O0
XO~e ~X~ ~P~ 120~ O~?Oa?~O0
X06621 8~l~X~ 091801 09/18/200
106594 ~Z~TZ~-~/~ 083401 09/12/200
~tal
106660 ~~ ~B 081901 08/19/200
106691 ~~ 090901 09/09/200
106709 ~ ~ 1~ 090201 09/02/200
X0660~ ~~ ~ 09090~ 0~/09/~00
~1 ~1 ~ai~
106665' RIFi~D-K.~HDKRDANCR
106651 P~0HD-RMa/~APDAHC~
106675 ~-~~
106708 ~X~/~X~
~tal ~e
106636 H~C ~/~
10666O ~ ~
106728 ~z~ ~
~tal ~e~ P~
1066~0 ~~ ~~
106622 ~
106615 HZBC P~/8~XEg
106635 ~
106615 HZBC ~/8~
106666 ~
106612 ~
56884 09/05/200
56968 09/10/200
56895 09/05/200
083101 08/31/200
090301 09/02/200
081901 08/19/200
090701 09/07/200
10127410 09/11/200
221904 09/07/200
083101 08/31/200
37165 08/29/200
0831O1 08/31/200
709239 08/31/200
252290 09/04/200
8.41
169.30
90.00
501.53
603.75
1,254.46
934.65
119.12
478.46
8,797.51
46.33
14,323.SS
88.03
647.52
15,105.43
1,541.59
30.00
33.52
39.99
63.57
463.71
481.82
0.00
0.00
190.84
60.00
83.99
495.00
14.01
3,498.04
288.70
288.70
1,263.09
1.31
25.00
1,289.40
68.33
68.33
1,0o6.2o
6.52
5.72
25.00
860.00
1,903.44
63.29
49.95
113.24
54.40
54.40
223.59
223.59
65.00
70.00
70.00
1,099.50
1,304.50
113.51
154.95
902.12
1,170.58
3,245.38
38.61
27.67
45.50
114.04
140.57
438.90
o9/~/o1
~m~, o9/15/Ol
TI~, 3,241m
L-1550-4~S0 NBJ3~ I~t]. BTC~J~g ~I4~T ~IC ~06~0 ~ ~~ ~ ~5~ 08/20/200 ~,~7.02
L-~S0~0 ~ ~tl ~ ~ 10~66 ~ 33~5 09/13/200 25.22
L-1SS0~?0 ~l & ~ ~ ~ ~ 10~77 ~-m 63189 08/28/200 526.68
L-US0-4Z?0 ~ i ~ m ~ ~ ~06677 ~ ~ 63290 08/28/200
L-~50~0 ~~ K ~ 106660 ~.~ ~ 08~02 08/z9/200 ~.30
L-~504350 ~ ~ ~-~ ~ 1~2 ~-~ ~ 1593-S 09/0i/200 0.00
L-~S04350 ~G ~ ~-~ ~ -106~2 ~ ~ 16~75 09/0~200 0.00
L-~50~00 ~~ ~ ~ ~ 156~ ~ ~ - ~ ~75 00/32/200 3,060.05
L-~s04s20 M~ ~ j-~ ~~ ~ 2~660 ~ m ~ 30~ 08/20/200 ~,~0.00
1-1550-4530 ~p ~ ~ ~ ~ 106683 ~ 10506900 09/06/200 1,468.45
~-15504530 ~p ~ ~ ~~ ~ 106683 M ~ ~ 2050~00 09/06/200 ~0.83
1-15504530 ~p ~ ~ D~ ~ 1~683 8~ ~ 20595200 09/~/200 ~3.40
1-1550-4530 ~ ~ ~ D~ ~ 106683 ~ ~--~ ~ 105953 09/24/200 -206.S0
1-~S04531 ~ ~ ~ ~~ ~ 106600 ~ ~~ 209~ 09/07/200 73.57
Z-1560-4706 ~ ~p ~ m ~ 156~8 ~ ~ n ~ 220009 09/06/200 ~.S0
Z-ZSS04705 ~h ~p ~ ~ ~ Z0S~8 ~ ~ ~ ~ 2~ 08/3Z/200
.
1-1551-4350 C:loonlng
1-1551-4350 C~
1-1551-4350 ClogGing
1-1560-4130 Pr~J 8upp
1-1560-4130 Pgog Supp
1-1560-4300 O~2sult/ng
1-1560-4360 ~lmd~rahli)
~1-1600-4040 Znmm
~1-1600-4130 9T~] Su~p
~-1600-4300 ~'mm. Llt~lMJ
~-1600-4330 ~ciltttes
11-1700-4040
r1-1700-4300
14m:)*rc~
lltSTI'V'AL ~
~'8 ~C~ilZC Z]IC
~., ~ Acttvtttea
)1-1711-4130 PrgMJ Bu~p
)1-1711-4300 Comment J~g
~1-1711-4300 C~m~t~
d:, Ym~_h Ipo~J
)1-1730-4300 ~rmm3~tJ~g
~:z Your. h A~_I.v~LoI
)1-1731-43.30 Frog 8upp
)1-1760-4300 C~GgmultJ~g EX:BI C:~8H]kM
)1-1760-4]00 C~miult~ug TROY LIHTIRS
~-1760-4300 ~nnfult/ng R-~2~mIK~Y
Ls C~,BLI 'L'gr
.o-oooo-4o,i0
27,712.34
106723 IX]JGIgTBR-BIRGOBPd-CI3 1593-S 09/01/200 0.00
106722 8EP~ fJ~i~ZCl 166475 09/01/200 40.89
106722 8~9T 8~/(~ 166494 09/01/200 0.00
~~~m 40.89
106655 ~-~ G ~ ~ 0~601 09/06/200 26.41
1066~ ~~-u~v~ 0~01 09/~/200 ~100
106~1 ~ ~ - ~M~ 1~88 08/30/200 295.29
106~1 ~~'~ 0~801 09/~/200 25.00
.................
-. ~ ~ ~1s~ ~ 358.70
106670 ~~ ~~ 10~7~10 09/~/200 437.33
10~36 ~ ~/~ 090201 09/02/200 ~0.21
106~2 ~~ ~T~M 17811 08/~/200 . 378.86
106728 ~~ ~ 0~701 ~9/07/~00 45.19
.---~ .............
~ ~~~ 9~.59
1066~0 ~ ~ ~~ 1~10 09/~/200 109.33
106669 ~ wv~-~ 2007 09/~/200 ~74.~
......... ~ .......
~ ~-~~ S83.46
. .
106663 ~-~ ~ SS~8 ~/~/200 105~00
106~1 ~-~ ~.T.~q ~936 09/07/200 40.00
106631 ~-~ ~ ~938 09/07/200 40.oo
lO6~3 ~~ ~.~n ~935 09/07/200 40.0o
106668 ~~ ~ ~937 09/07/200 40.00
106~9 ~, ~, ~ ~-~- o2o~o~ ~/~/2oo s,42~.so
.................
~ ~ ~l 5,686.50
106636 ~~/~ 00020~ 00/02/200
106~1 ~ ~ ~~ 090901 09/09/200 2~S.00
~06~ ~ ~~ ~ 0O~0~ 00/~/200 360.00
.................
~ ~~~ S14.53
~ ~-~ 1 ~001 ~/~/200 1,027.00
.
~Y~~ ~,o27.oo
· ~636 ~K ~/~ - - o9o2o~ 09/02/200 3.~
106~9 ~ ~~ -~ · ~00~ M/~6/200 ' 360.~
106~4 ~ ~ ~ 090501 09/06/200 ~.00
106699 ~/~M ~~ 090901 09/09/200 3,26~.25
.................
~~t ~. 3,616.35
.................
~~ 1~,3~.93
1-2~10-4640 ~ MgDZC~
106670 ~ Kgllf331 ZBBTIBA]K~ 10127410 09/11/200 679.19
679.19
.................
~u~To~l 679.19
106670
10127410 09/11/200 319.88
319.88
INVOIC~ ~3WV~ LIST BY Ft]gD
09/24/01 Da~e~ 09/18/01
Tll~t ~;24];m
~Lty c~ O~a~tmel,m ~ z 5
.....................................................................................................................................................
Fu~dz ~ ~OTZCTXC~
211-2360-4040
Fun~: Ot]]~ 8~&TZ
Dept,
220-0000-~130 ]?gOg ~
220-0000-4130 ~ocj Bu;~
220-0000-4340 Pr~ntlz~
400-0000-4300 Conm2~t ~ng
400-0000-4?04 VikLclel
400-0000-4704 Vi~Lclil
De~t: l~z'k KaJ~tmmuce
400-4001-4702 BIlL Zd]J~l
Dept: I 3/4' ~
400-4104-4705 OC~ F~Iu:Lp
Fundw ~ 8P~ PRBBERVATTCff
443-0000-4300
44.S-0000-4330
Otilitimm
Fu:ndt (:~IERAL CRSJXTAL, fAC-j.X,/TXen
De~t,
4S9-0000-4300
~n":ultiz~j
i~zz~, ']~1C Z~C~. 3 - B~'II~,9ZN CO
490-0000-4340
Printi,~:j
106670 OCTOBER HIALTH XJWDRAHCB
10127410 09/11/300 351.55t
251.551
Fund To~l 571.43!
I~flTZVAL ~
FRR~KzB' 8
80U/IiWBS~ SO~Q]~ldE I~BLISHIN~
106636 MIBC ffCX)D/g~X~8
106639 kLXSC ff~0D
106708 ~US~X~G/~]~X,X~BX~Q
Total
0902'01 09/02/200 27.5!
10067 09/11/200 315,7
083101 08/31/200
500.14
500.14
BOLAND & 7~GOC_T. N1T,8
~ COt~TY LIC~NSR C~t'I'~R
C~RV~ C~INTY LXi~NSB C~NT~
FIRE
106609 $~ov~ggl~E~ g~RVXC~g 090101 09/01/300 1,000.00
106586 gJL~8 /~X/LIC~E~B=~I~D~I4~T~ 09072001 09/06/300 3,563.00
106590 8ALF,8 'I'2~,/9.~X8'T'R~TIC~' ~ 091401 09/14/200 1,113.23
~ S,676.23
106723 LKAHN PARK~ 7 09/10/200 90,896.19
To~al Park Ma~nCew Bu/ld/2~ 90,896.19
106671 NOZZLE 8307 08/30/300 554.30
~)t,~l I 3/4' 5Ol. 554.30
.................
Fund Total 97,126.72'
~C)I8 ZNC71'C~ ~_L,~R
ROISIN(I'I'O~ EORGI~R QI~KIP
KFI~O Zd~qD 8URV~YZ~G & ~RG.
C;d4Pger.rl Zl~TX~ON SCOTT G FDOI8
8 XCa~30~RCB
106646 C3TMfl~SB~ 8T~'FB PAi~
106646 C~6G~8~/~OX ~L~TL
106672 'Z~390Q]~IC 80]WBY
106617 MX/US~SB]W/C~B
106707 flICk8
ToOl1
091101 09/11/200 2,161.31
09112001 09/11/200 826.00
14305 08/31/200 2,350.00'
8-31 08/31/200 5,317.15
23751 08/31/300 485.64
11,140.00
~ TotJ1 11,140.00
106605 VM~Q~TXOK M(~LYSX8
To1:&1
4399 08/31/200 10,000.00
10,000.00
FtU~To~B1 10,000.00
XC~Z, ~B~QY TNC
106728 BONT.,INO A/,L.BY
To~al
871-328 09/17/200 991.68
991.68
~ Total 991.68
HEY~R 80~3~ & ROC~TLK T.~D
106674 C~ P~RLXC LIBRAHY
To~al
10210006 08/31/200 16,577.10
16,577.10
~TO~mX 16,577.10
SOOT~gF~F gUBtmBA~ PQBLX~IINO
106708 P~.T~T~NG/P~X,X ER X'~G
TOtB1
083101 08/31/200
106617 PROFBSgXOK&L
106722
106722 g~fl~ 8~3tVZC3
106723 8~,T8~rZC~
Total
083101 08/31/200 1,095.00
1593-5 09/01/200 0.00
166475 09/01/200 0.00
166494 09/01/300 0.00
1,095.00
1,095.00
o9/24/Ol
Dm~ 09/18/0X
:: C:Bntuz~ Blvd ~f.,~.~mt~
1-6002-4752 Gut: Engine
)-~002-4752 Om: Ing'JJ~
)-6003 -4340 i)L"J-12 I: :LIM:J
1-6003-.4753 In
)-0000-3023
)-0000-2023
1-0000-2023
)-0000-4040
-00004~40
-00004140
-0000-4~0
)-0000-4~0
)-~00~X50
)-0000-4170
)-0000~70
2-0000-43~
2-0000-43~0
2-0000~320
2-0000-4320
3-0000-4509
3-0000-4530
3-000045~
~-0000-45~
~-0000-4550
3-00004550
~-0000-4550
0-~004705
,0-7001-4703. LaZ~ & YJIp
,u H~IBR & M~TIR EI3qtIEBXCB~ IfQBID
t;u ni~-7 TSflBIK UTS:L.TTY
0-7002-4300 OXmU~t:Lng
0-0000-4040 ~ M~)XC~t
tt (3~LDXII3
5-8203-2024
0-0000-2005
8-0000-2005 Fi~x Plan
0-0000-2005 F].~x Plan
0-0000-2005 Fl~x Plan
0-0000-2005 Flex Plan
0-0000-2005 FXex
0-0000-2005 In_ox Plo. u
0-0000-2005 fX~x PX~n
0-0000-2005
O-0000-200g
D-0000-2009 ~ C:Xxq)
D-0000-2009
D-0000-2009 E)e.~ Comp
D-0000-2009 Do~ O:mp
1-0000-2012 health Ins
lame
WSB & ASSCX:IA-~S8 331~
EKAJ'.[m4BHT u~
1488 G ~T'B8 ]]lC
206592
106591
206670
2066~
~066~
~066~
Z06677
~6677
~06693
~06~8
~06~8
106673
~06637
106600
106637
10663~
106637
106636
106637
106725 (~BS'TVZBW ~ F']]IL DSH~ 30000008 09/14/200 3.,104.57
TO4:13. (::~Cv'J. ev C:L.Cc~ 1,104.57
106725 C~ITE[~3'RLVD BT &UTI/~ ZMgRO~' 30000006 09/14/200 1,630.50
106725 (~TI~BLVD ST &UI'/L rrm (IW 40000002 09/14/200 16,438.80
~ C~nLu.~ RI.vd ~ 18,069.30
106708
10672S
083101 08/31/200 107.76
20000002 09/14/200 568.00
675.76
Fu:ndTotal 19,849.63
2001 8A~ ~ I~A.YM~IT d-T~JY2001 09/:1.2/200 10,350.00
FI~ ~ 100627 09/12/200 1,150.00
~ ~ 100583 09/~/200 1,~0.00
~~ ~~ ~0~7410 09/~/200 3,568.20
~~ ~596~ 09/06/200 ~3.21
~/u~ 083101 08/31/200 89.69
~ 25~90 09/~/~00 313.S0
~,- 402~5 09/15/200 ~5.76
~ 63189 08/28/200 1,331.05
~ ~ 63190 08/28/200 25.33
~ ~ 090101 09/01/200 52.00
~ ~ 081901 08/19/200 283.~
~~~ 090701 09/07/200 6,~9.25
~~ ~ 091401 09/14/200 ~,~28.67
~ ~ ~7~0 08/31/~00 102,~4.00
7 t 8 ~~ ~5086 08/29/200 176.00
~~~ 109~ 09/07/200 56.05
~~ ~ ~ ~558~ 09/10/~00 663.98
~~. ~ ~52810 09/10/~00 3,528.~
~ ~ ~ ~538~ 09/12/200 1,8~.63
~~/~ 090201 09/02/200 17.~
9~ D~C ~ ~ ~5~7 08/31/200 3,749.60
106701 ~ QF W AC~IUIBXTT_CIr
~ Lako Lucy Tcm~r ~_?m4n~_
140,128.24
09/17/200 10,000.00
10,000.00
.................
3.50,128.24
106704 tm't'.TJ~em.D FgOT'BCT'Z(BI M 77955 08/13/200 982.95
~ IM:-7 ~ OT3~XTY 882.95
~ ~ 882.95
106670 ~ HIMalTH 2~B~R]klC~ 10127410 09/11/200 426.4,4,
Total &26 . ~
FUnd ~ 426.44
106588 B~lq~DBIC~L_,-TY~C3WW
Tot~l ~tADnlQ
~ ~ 106589
RET'Z'V ~ 106606
K~/31 AJq31BIB(BI 106656
K/M ~ 106659
PAUL BIHOU4 106690
~ ~-~ 106705
~ ~ 106711
~ ~ 106~
~ ~ 106720
~ ~ ~. 106587
~ ~ ~. 106689
X~ ~~ ~ ~ ~6~7
m X06684
~X~ X06670
DW/1741 09/07/200 S00.00
S00.00
rund To~L~ S00.00
m-nic.w~u~ 091201 o9/12/2oo 325.00
FLEX - ~ 09/18/200 55.00
rLIZ - Hn~a 09/18/200 557.92
m - mYOUm 09/18/200 52.0p
FLEX - m.YO~B 09/18/200 217.39
ir'LEI: - ~ 09/3.8/200 383.00
~ - ~ 09/18/200 200.33
~ - ~'~ 09/18/200 69.33
~ - HnL~ 09/18/200 225.00
.o.m,o:Mp-2]mpA.Yad.,~,b~ 082401 08/24/200 255.00
D[PLOI'BBI~F CCB~-21D TwSl~l' 09x401 05/18/200 255.00
m(; nm, o:B~-2~) ~ ~E~'rmmn 0O2X01 09/18/200 845.00
m4~ ~ c~o-ali,rmmn 0o2101 o9/18/2oo 165.oo
BM~ ~ OI:B(~-2~) m ~ 092101 09/18/200 5,611.42
~ HnL~ nmnnucl 10127410 09/~-~/200 8,oo1.16
r'{t:y o! ~,mmm~
T"VOTCB J~mmmov~{~, ,.xs?
o9/24/ol
I~voice
~te: 09/18/01
7
])~te 7u~o~ot
17,225.63
· und Tot.~l 17,225.63~
G~LRd Total 470,048.82;
CHECk: RESISTER REPORT
BANK: CKAN~SSEN BANK Date: 09/18/01
09/2/)/01 Ttme: 3:28pn
of Chenheeeen Page:
.............................................. ..... ..................... ..... . .................................................
k Check Vendor
er Date Stet~ N~r V~r.~,or N~.e ~Kk De~criptt~
.....--................. ..... ...................................................................................................
6586 09/07/2001 Prtnted CARLZC CARVER COUNTY LICENSE CENTER SALES TAX/LIC FEES-NEW DUNP TR 3,'563.00
6587 09/07/2001 Printed ORCTRU ORCHARD TRUST CO. ENP DEF COI~-2ND PAY AUGUST P55.00
f)51~ 09/07/2001 Printed TUCHAS TUCKER OR ALEXANDRA ~I REFUND SECURITY ESCRC~ 500.00
6589 09/1&/2001 Printed B%LBEN BILL BEHENT FLEX-DAYCARE 325.00
~5~) 09/14/2001 Printed CARLZC CARVER COUNTY LICENSE CENTER SALES TAX/REGiSTRATiON FOP, D 1,113.25
6591 09/14/2001 Printed JEFBUR JEFF BURGER CO %NC. SAC FEE REFUND 1,150.00
6592 09/14/~;IX)1 Printed #ETCO #ETROPOLiTAR COUNCZL, ENV SVCS JULY 2001 SAC CHARGE PAY#ENT 10,246.50
6593 09/14/2001 Prtnted )UITREA MN STATE TREASURER JULY BU%LD%NG PERN%T SURCHARGE 3,768.38
6594 09/14/2001 Printed NRPA NATIONAL REC & PARK ASSOC. REG%STRATION-HOFFHAN/REUGENER 860.00
6595 09/14/2001 Prtnted REUROT REUS-BOTTENA CONSTRtJCTIOR INC SAC CHARGE REFUND 1,150.00
6596 09/18/2001 Prtnted ACCCO# ACCESS COI~UN%CATIONS TELEPHONE REWIRING 202.59
659T 09/18/2001 Prtnted ACT#IN ACTA HINNE$OTA-JEFF ENGEL TKD INSTRUCT%ON-SLI~lER 1 1,027.00
6598 09/18/2001 Printed ALEALL ALERT ALL CORPORAT%OR FiRE ED HATER%ALS 1,443.75
6599 09/18/2001 Printed ALLHEA ALLINA HEALTH SYSTENS ENT TRAiNiNG CLASS 3,405.00
6600 09/18/2001 Prtnted ANCTEC ANCON TECHN%CAL CENTER PAGER/RADiO REPAIR 726.25
6601 09/18/2001 Printed ANGSCH ANGIE SCHROEDER ENT REFRESHER 165.00
660~ 09/18/2001 Prtnted ELLWO0 ANN ELLWOO0 COI~E BALANCE BOARD 223.59
6603 09/18/2001 Prtnted ARAK~ ARAHARK: COFFEE/SUGAR/CUPS 93.94
~ 09/18/2001 Printed BANFOR BANN FOI~S TECHNOLOGY BUILDING PE]~ITS 353.55
~5 09/18/2001 Printed BETROH BETTENDORF ROHRER IOiOCHE ~IALL VALUATION ANALYSIS 10,000.00
6606 09/18/2001 Prtnted BETEID BETTY EIDAH FLEX - HEALTH 55.00
__A607_ 09/18/2001 Printed BLOCON BLOON CONSULTANTS, LLC PAVE)lENT ~ EVAL UPDATE 6,097.60
6608 09/18/2001 Prtnted BOBAYO BOlt AYOTTE #EETING EXPENSE 142.46
6609 09/18/2001 Printed BOLAND BOLAND & ASSOCIATES PROFESSIONAL SERVICES 1,000.00
I~610 09/18/2001 Printed BORSTA BORDER STATES ELECTRIC SUPPLY BATTERIES - 312.39
16611 09/18/2001 Printed BOYTRU BOYER TRUCK PARTS I~ASHERS 265.49
16612 09/18/2001 Printed BROTEX BRO-TEX INC ARSOI~BENTS/TOUELS 1,386.~
16613 09/18/2001 Printed BRQA/~ BROWN'S AH(X~ VEHICLE QIASHES 42.62
16614 09/18/2001 Printed BRYROC BRYAN ROCI( PROOIJCTS iNC 3/4 minus 125.76
16615 09/18/2001 Printed BUNBI, N BIJ~PER TO BIJ~PER #IBC PARTS/SUPPLIES 920.11
16616 09/18/2001 Printed BUREQU BURTON EGUII~ENT SHELF BRACKETS FOR HAZ HAT 102.~7
~6617 09/18/2001 Prtnted CAIqI(NU CAHPBELL IOIUTSON SCOTT & FUCH$ AUGUST SERVICES 18,877.81
16618 09/18/2001 Printed CARAUT CARCO AUTO PARTS INC HOSE 176.80
16619 09/18/2001 Printed CDUOOV CDW GOVERI~ENT INC NORTON UTILITIES 2002 95.49
)M20 09/18/2001 Printed CHAVET CHANHASSEN VETERINARY VETERINARY SERVICES 1,389.32
~621 09/18/2001 Printed CHAVIL CHAMHASSEN VILLAGER SUBSCRIPTIONS 200.00
)6622 09/18/2001 Printed CHABU! CHASKA BUILDING CENTER GLOVES 119.62
:)6523 I)9/18/2001 Printed CHRNGU CHRISTINA NGUYEN REFUND-LiTTLE ROLLERS 40.00
)M24 09/18/2001 Printed CONINT COHPUTEN INTEGRATION TECHN. SUPPORT HOURS-klATCHGUARD 272.25
)~625 09/18/2001 Printed COREXP CORI)CX~TE EXPRESS #IBC. SUPPLIES 163.45
~ 09/18/2001 Printed CULL%G CULLIGAN REFUND OVERPAYHENT 8.00
)66~' 09/18/2001 Printed DANKA DANKA OFFICE IHAGING COHPANY HAINTEXANCE 1,331.79
)6628 09/18/2001 Printed DELTO0 DELEGARD TOOL COHP~ WRENCH SET/IHPACT DRIVER 1,685.43
~ 09/18/2001 Printed DORCRE DON CRENSHAW TI(D INSTRUCTION -StI~ER 1 350.00
)6630 09/18/2001 Printed DOYSEC DOYLE SECURITY PROOUCTS KEYS 112.35
)M~31 09/18/2001 Printed DUAHAT DUANNA HATTHYS REFUND-LITTLE ROLLERS 40.00
.06632 09/18/2001 Printed EDGNAR EDGLRKX:X) HARKETING GROUP klATCHES FOR BANQUET 107.01
06633 09/18/2001 Printed ESCTEL ESCHELON TELECON, ~NC CHANGE EXTENSIONS 537.44
~ 09/18/2001 Printed FAC:HOT FACTORY HOTOR PARTS CONPANY CONNECTOR PI(G 386.11
I06635 09/18/2001 Printed FARPLA FARH PLAN #IRROR 45.50
06636 09/18/2001 Prtnted FESFOO FESTIVAL FO00S #~SC. CHARGES 403.29
I06637 09/18/2001 Printed F[RSYS F~RST SYSTENS TECHNOLOGY kl~N 911 DIALOGIC CARD REPAIR 9,929.93
06~38 09/18/2001 Printed FCX:ONE FOCUS ONE HOUR PHOTO FII_N DEVELOPING 6.52
06639 09/18/2001 Printed FRANK! FRANKIE'S #iBC FOCO 5M.83
p6640 09/18/2001 Printed FRANEP FRARZ REPRO T-BOCT/~JING NUTS 67'.12
09/18/2001 Printed GINPAR GINGER'S PARTY PONIES RENTAL OF BARNYARD ANIHALS 215.00
09/18/2001 Printed BRARAG GOODYEAR BRAD RAGAN T~RE SCRAP DISPOSAL FEE 90.00
06643 09/18/2001 Printed GRECON ' GREINER CONSTRUCTION INC REFUND OVERPAY#ENT 24.50
~ 09/18/2001 Printed GUESER GUEST SERVICES HEAL TIC%ET FOR CLASS 97.15
M645 09/18/2001 Printed HARBRO HAROLD BIK)SE JACKET 39.99
I06~46 09/18/2001 Printed HOII(OE HOISINGTOR IG:)EGLER GROUP CHANHASSEN/FOX TRAIL 2,987'.21
06647 09/18/2001 Prlnted IC/M. ICK( RETIRENENT AND TRUST EHP DEF COHP-2ND PAY SEPTE)IBER 8~5.00
~ 09/18/2001 Printed IHPPO~ I#PERIAL PORTA THRORES RENTAL UNITS - PARES
12M~9 09/18/2001 Printed JBEGU J & B EGU~I~ENT INSPECT SHOP CRANE 495.00
06650 09/18/2001 Printed JBENEC J-BERD #ECHANICAL CONTRACTORS RADIANT T~BE HEATERS 11,570.59
__n665_~1 09/18/2001 Printed JENZB! JENNIFER ZBINDEN REFUND-BAL/TAP DANCE 70.00
DM52 09/18/2001 Printed J;LSIN JILL SiNCLAiR FLEX - HEALTH 114.00
D~653 09/18/2001 Printed JOLDEV JOLEEN DEVENS AUGUST EXPENSES 47.49
DE054 09/18/2001 Printed JOYHOR JOYCE HORR REI~URSE-SUPPLIES 12.00
06655 09/18/2001 Printed KARWIC KARA VICKENHAUSER REI#BURSE-COFFEE & PAPER SUPPL 26.41
:)E656 09/18/2001 Printed KATAAN KATE AANENSON FLEX- HEALTH 557'.92
06657 09/18/2001 Printed KATFUE KATH FUEL OIL SERVICE ART~ FREEZE-GREASE 603.75
CHECK REGISTER REPORT
BANK: CHANHASSEN BANK Date: 09/18/01
09/24/01 Time: 3:28pm
City of Chanhaeeen Page: 1
Check Check Vendor
NLm~3er Date Statue NLmd3er Vendor Name Check Description Amoun
106658 09/18/2001 Printed KAYMAR KAY MARGO REFUND 50 ~ PICNIC FEE 50.01
106659 09/18/2001 Printed K]MMEU KlM MELI4ISSEN FLEX - DAYCARE 52.0;
106660 09/18/2001 Printed 104CTEL KNC TELECOM TELEPHONE CHARGES 2,726.0,
106661 09/18/2001 Printed KYLHEN KYLE HENOERSON REFUNO-L[TTLE ROLLERS 40.0~
106662 09/18/2001 Printed LARELE LARRyms ELECTRIC INC FLAG POLE INSTALLATION
10__~66_3 09/18/2001 Printed LISAOZ LISA AOZICK REFUND-PRESCHOOL SOCCER 105.0
I0666~ 09/18/2001 Printed LOFBUS LOFFLER BUSINESS SYSTEMS, INC. TONER-ENGINEERING FAX 103
10__~665__ 09/18/2001 Printed LOANDS LORI ANDERSON REFUND-KINDER DANCE 65.
106666 09/18/2001 Printed LYMLUM LYMAN LUMBER PLYI~3OO 352.
106667 09/18/2001 Printed MAHSWE MAHNOUD SI~EIDAN REIMBURSE SEMINAR 71.6
I0__/c,568__09/18/2001 Printed MARMCG MARIA MCGANNON REFUNO-LITTLE ROLLERS
106669 09/18/2001 Printed MCES MCES, YOUTH PROGRAMS LIFEGUARD SERV]CES-LK ANN 474.
106670 09/18/2001 Printed MEDICA MEDICA OCTOBER HEALTH INSURANCE 36,
106671 09/18/2001 Printed METFIR METRO FIRE NOZZLE 554.3
106672 0~/18/2001 Printed METLAN METRO LAND SURVEY[NG& ENG. TOPOGRAPHIC SURVEY 2
106673 09/18/2001 Printed METCO2 METROPOLITAN COUNCIL WASTBaATER SERVICES 102
106674 09/18/2001 Printed MEYSCH MEYER SCHERER & ROCKCASTLE LTD CHAN PUBLIC LIBRARY 16~577.
106675 09/18/2001 Printed MICLOV MICHELLE LOVE REFUND-BAL/TAP DANCE 70.~
106676 09/18/2001 Printed MICWAR MICRO WAREHOUSE 3 MONITORS 2
10667'/' 09/18/2001 Printed MIOCOU M[O COUNTY COOP OIESEL FUEL 5
106678 09/18/2001 Printed MIDASP MIDWEST ASPHALT CORPORATION SAND
106679 09/18/2001 Printed MINSHA NZNDSHARP LEARN[NG CENTERS ONLINE TRAINING 2,
106680 09/18/2001 Printed MCtlA MN CITY COUNTY NGHT ASSOC. ANNUAL DUES 77
106681 1~/18/2001 Printed MNFALL MN FALL MAINTENANCE EXPO FALL EXPO 60.0(
106682 09/18/2001 Printed MNTREA MN STATE TREASURER REGISTRATION-LITTFiN/HAYES 120.
10~d~3 09/18/2001 Printed MTIDIS MTI DISTRIBUTING INC RETURN FLASHER ASSEMBLY 1~596.
1064584 09/18/2001 Printed NAS NAS EMP OEF CONP-SEPTEMBER 165.
106685 09/18/2001 Printed NATBAG NATIONAL BAG PLASTIC BAGS 149.
106686 09/18/2001 Printed NIKDUM NIKKI OLIVER t4REATHS - PUBLIC I,K)RKS
106687 09/18/2001 Printed OFFMAX OFFICE MAX OFFICE SUPPLIES 41.
1__06688__ 09/18/2001 Printed ONVOY ONVOY INTERNET CHARGES 524.,
106689 09/18/2001 Printed ORCTRU ORCHARD TRUST CO. EMPLOYEE DEF COHP-2ND IN SEPT 255.
106690 09/18/2001 Printed PAUEKH PAUL EKHOLH FLEX - DAYCARE 217.:
106691 09/18/2001 Printed PEOPLE PEOPLE 'SUBSCRIPTION
106692 09/18/2001 Printed PRAOFF PRAIRIE OFFSET PRINTING RETURN ENVELOPE 155.1
106693 09/18/2001 Printed QWEST QWEST TELEPHONE CHARGES
106694 09/18/2001 Printed RENNER RENNERTmS CONTROL VALVE 457
106695 09/18/2001 Printed REYWEL REYNOLDS WELDING SUPPLY CO SI~ITCH 1
106696 09/18/2001 Printed RICRIC RICHARD RICE REIMBURSE EXPENSES 19
106697 09/18/2001 Printed RIDBUS RIDGEV[EW BUSINESS HEALTH F/F PHYSICALS
10~98 09/18/2001 Printed RIECON R]EBE CONSTRUCT[ON RESHINGLE W. FIRE STATION ROOF 6
106699 09/18/2001 Printed RITOUN RITA OUNGEY SPRING/SUMMER YOGA INSTRUCTOR 3,251
1067130 09/18/2001 Printed ROARUN ROADRUNNER TRANSPORTATION INC OEL]VERY SERVICES
106701 09/18/2001 Printed ROBBER ROBERT D ANO LINDA d BERGAN RIGHT OF WAY ACQUISITION 10
106702 09/18/2001 Printed RWHAG RW HAGEN BOOKS/[NSTRUCTION 80~
106703 09/18/2001 Printed SABHEA SABRE HEATING & AIR CONO. REFUNO OVERPAYMENT 50.
106704 09/18/2001 Printed SEH SEH WELLHEAD PROTECT[ON PLAN 882.95
106705 09/18/2001 Printed SHAALJ SHAILq]N AL-JAFF FLEX - HEALTH 383.00
106~ 09/18/2001 Printed SHOTRU SHORE~KX)D TRUE VALUE NUTS/BOLTS 21.14
106707 09/18/2001 Printed SIGNSO SIGNSOURCE SIGNS 528
106708 09/18/2001 Printed SOUSUB SOUTHWEST SUBURBAN PUBLISHING PRINTING/PUBLISH[NG 2,067.32
I0671~ 09/18/2001 Printed STATRI STAR TRIBUNE AD FOR INSTRUCTORS 54.40
106710 09/18/2001 Printed STOEGU STORAGE EGU[PMENT INC PALLET BEAMS/PALLET RACK 1,187.01
106711 09/18/2001 Printed TERBUR TERESA BURGESS FLEX - DAYCARE 208.33
106712 09/18/2001 Printed TODGER TODD GERHARDT FLEX - HEALTH/DAYCARE 1
106713 09/18/2001 Printed TOTENT TOTAL ENTERTAINHENT PRODUCT[ON DJ FOR BARNYARD BOOGIE 350.00
106714 09/18/2001Prtnted TROLEH TROY LEHURS ADULT SOFTBALL LINPZRE 15,00
106715 09/18/2001 Printed UMNEXT U OF NN EXTENSION SERVICE FACILITATION SKILLS TRAINING 25.00
106716 09/18/2001 Printed USOFF US OFF[CE PRODUCTS OFFICE SUPPLIES 196.20
106717 09/18/2001 Printed USTOY US TOY CO FIRE ED GIVE-AWAY 247.70
106718 09/18/2001 Printed LISCM USCM DEFERRED CONP EMP DEF CONP-2ND PAY SEPT 5,611.42
106719 09/18/2001 Printed VERIZO VERIZON WIRELESS CELLULAR PHONE CHARGES 28.17
106720 09/18/2001 Printed VICBOE VICKI BOE FLEX - HEALTH 225.00
106721 09/18/2001 Printed VOIBUS VOIGT~S BUS CONPANIES BUS CHARGE - SENIOR TRIP 295.29
106722 09/18/2001 Printed WASMA2 WASTE MANAGEMENT-TC WEST SEPT SERVICE 1,675.84
106723 09/18/2001 Printed WESCON WESTRA CONSTRUCTION INC LK ANN PARK MAINTENANCE 90,896.19
106724, 0~/18/2001 Printed WILPAP WILCOX PAPER COHPANY PAPER 292.50
106725 09/18/2001 Printed WSB WSB & ASSOCIATES INC TH 7/41WATERMA[N INSP SVC 20~865.41
106726 09/18/2001 Printed b'dGRA b"d GRAINGER ]NC PALLET JACK~ GRINDER~ STAND 2~976.34
106727 09/18/2001 Printed XCAZND XCAPER INDUSTRIES LLC FACE MASKS 137.95
106728 09/18/2001 Printed XCEL XCEL ENERGY INC ELECTRICITY CHARGES 27,151.49
106729 09/18/2001 Printed YMCRID YMCA-RIDGEDALE SOCCER, HOCKEY, TBALL INSTRUCT 5,421.50
Date Stat~
09/1~2001 Pr~nt~
V~r
N~r
ZARBRU
CHECK REG%$TER REPORT
BANK: CHANHASSEN BANK
09/24/01
Date: 09/18/01
Time:
Page:
Vendor Naee Check Description Amo~t
ZARNOTH BRUSH WORKS %NC BROOM CORE 159.75
iiiiiiiiiii .... ii
Total Checks: 145 Bank TotaL: 470,048.82
TotaL Checks: 145 Grand TotaL: 470,048.82
CltANI~u~ CITY COUNCIL
WORK SESSION
Sl~rffaM~F~ 10, 2001
Mayor Jansen called the work session to order at $:3~ p.m_
2000 AyDIT PRESENTATION, TAUTGES Ri~PATH (~OMPANY.
Dave Mol and Melanie Accola from the firm of I-II.R Tautges Redpath, Ltd. were ~esent to discuss the
Presentation of Audit Results dated September 10, 2001. They went through and explained tlxir findings
were reconciliation of various general ledger accounts and creating a formal written policy on
purchasing. Bruce De/ong explained that the reconciliation items were due to a changeover in the
financial d~t's software system, lVlark Russ recommended to the council that they consider
making a policy to maintain a higher fund balance to increase the city's bond rating.
· .
Mayor Jansen called a short recess in the work session until the next prescn~ arrived.
UPDATE ON VILLAGES ON THE PONDS.
Kate Aanenson went over the city's objectives for the original PUD, the integration of the Livable
Communities Act and SL Hubert's influence on the project. How the zoning, design standards and EAW
have played a role in the Villages development and changes to date. Mayor Jansen summarized that
staff's position is to use the PUD as a framework but not hold fast to all the rules because times have
changed since the original PUD. Vernelle Clayton explained where they, as developers have been and
where they were going with the project. She outlined changes that might, be necessary in the future such
as the Presbyterian Homes wanting a 4 story suucua~ a change in the commercial versus residential
formula, and signage design. Kate Aanenson recommended that si~tm~ come in for review on an
individual basis and a decision msd~. at that time rather than making a blanket change in the rules.
Conceptually the city council me~ were okay with ~ suggestions.
Mayor Jsmm~n adjourned ~ work session meeting at 6:55 p.m.
Submitted by Todd ~t
CHANHASSEN CITY COUNCIL
REG~
SEPTEMBER 10, ~01
Mayor Jansen ~alled the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to
the Flag.
COUNCILMEMBERS PRESENT: Mayor Jansen, Councilman Petemon, and Coundlman Boyle
STAFF PRF_~ENT: Todd Gerhardt, Andrea Poehler, Teresa Burgess, Brace DeJ~ and Todd ffm
Mitch & Kathy Freiderich
Roderick Franks
Jim Grillo
Jay Rubash
APPROVAL OF AGENDA:
6901 Redwing Lane
8694 Mary ~lane Circle
19598 Quinn Circle NW, Elk River 55330
HTPO, ~ ~e
Mayor Jansen: Good evening. Thank you for jo'ming us. We have a couple of changes to the agenda
that I'll mention now in case there's anyone here waiting for these items. We are deleting under new
business the 2000 audit presentation and under new business also agenda item number 4 because we only
have 3 council people here. We need a 4/5 vote on that particular item so we have removed items 2 and
4.
PUBLIC ANNOUNCEM]~]~: None.
~N~ENT AGENDA: Councilman Peterson moved, Councilman Boyle seeomled to approve the
following Consent Agenda items pursuant to the City Manager's recommendations:
b. Amend Cooperative Agreement with the City of Victoria - Tristan Heights Project 01-07 as
amended by staff.
c. Approve Easen~t Agreements for BC-7 & BC-8 Utility Extensi~ Project 00-01.
& · Resolution ~F2001-~: Approve Consultant Work Order and Authorize Preparation of Feasibili~
Study for Extension of West 78~ Street.
f. Award of Bid for Meter Replacement Program- PW0240.
f. Resolution ~F2001-.~: Approve Change Order f~r BC-7 & BC-8, Trunk Sanitary Sewer Project
00-01.
h. Approval of Bills.
i. City Council Minutes dated August 27, 2001
City Cmmcil Meeting- September 10, 2001
City Council Work Session Minutes dated August 27, 2001
Award of Bids for Replacement Telephone System for City Hall, Public Works, the Recre~on
Center, and Fire Station.
Resolution g2001-59: Approve Resolution Calling for Public Hearing to Consider Establishing
a Tax Increment Housing District No. 8, Presbyterian Homes, Villages on the Ponds.
All voted in favor and the motion carried unanimously 3 to 0.
R P ATI : None.
APPROVE REO_I~T FOR PR PO AL EEKIN mmITY TUDY DIG A
CO ~11 C'rI N SUL?ANT FOR ~~ RS. TH $ AT BLUFF
CREEK~ TH $ AT RILEY CREEK~ AND TH 101 SQUTH FRQM LAKE ~
BANDIMERE PARK.
Todd Hoffman: Mayor Jansen, members of the City Council, thank you. I'll put this map up on the
overhead. We're talking about this evening is three individual projects that the city needs to get a jump
start on for next year's construction season so it will take some planning work and grading on these
projects. The first one, or the first two actually are underpasses at Highway 5 and currently MnDot is
completing the reconstruction of Highway $ and the construction of the access boulevard. And there are
two underpasses. Two underpass locations for a total of four underpasses that are culverts at these two
locations. The first...at Bluff Creek and that's directly north and east of the Chanhassen Recreation
Center. The second one is fight at Lake Ann Park at Riley Creek. This is at the comer of Prince's studio.
What MnDot is completing is the north trail all the way along West 78~ to the access boulevard to
downtown here onto Highway 41 so people coming down at Powers Boulevard~ Galpin Boulevard, will
have access to that trail. Then those...goes out underneath the road and will maybe utilize these two
underpass locations. If MnDot stops their construction...the connection at the Recreation Center is fairly
simple and straight forward. We have an 8 foot concrete sidewalk in the center of the site. All we have
to do is make a connection to it .... at Riley Creek at Lake Ann is a little bit more complex. There are
really three different scenarios that could occur there. The first would be lying directly west along the
southern ditch line of Highway 5, connecting up to the comer of Audubon and TH 5 at Prince's studio.
The second would be to connect directly back east, and you might do a combination of these. The Park
Drive, the access as it goes into the industrial park at that location. And third, it would be to continue
straight south along one side of the bank or the other side of the bank of Riley Creek. And really what
we' re trying to do, if you think about it at that location, all the pedestrians, all the homeowners here to
the south will be coming up either on Audubon or Powers...obvious destinations for those people on this
side of Highway 5. So those two need to be studied. Some cost estimates prepared. I've included them
in the 2002 capital improvement program. We do not have a cost, or a dollar cost allocated as yet. Get
these studies underway and... The third item is the Highway 101 south, Lake Susan Drive. Extending
the park trail construction. What I characterize this as is the missing link between our north and our
south trail systems. The southern pan of our city we have a nice trail, Pioneer Trail and then We also
have the southern...gravel trail that goes along the railmad...down here. As these neighborhoods
continue to grow they would like access to the main trail system to most of the downtown. Likewise the
greater community in the north, the large community in the north would like access to the new
comity park here at Bandimere Park. Often, half the people have been on bike fides...and they call
and they say well I headed south or headed north and all of a sudden boom, nowhere to go but the ditch
line or the shoulder of Highway 101. When will that trail be completed and so...knocked out of it's first
City Council Meeting - September 10, 2001
place running by 101 north and the council is moving forward with stud~ and completing that lmaject.
This is probably second on the list and I think... So what Fm asking the council this evening is for your
approval to solicit different firms, feasibility studies for fima~ design and construction services for these
three projects. All of them being funded from Fund 4 l0 for Park Acquisition and Development~
Mayor Jansen: Any questions for staff'?
Councilman Boyle: I don't have any.
Mayor Jansen: Seeing no questions, if I could have a motion please.
Councilman Boyle: I'd make a motion that we recommend the City Council appwve to connect, we
look at a proposal seeking feasibility studies and design and construction consultation for the following
Mayor Jansen: And a second?
Councilmsn Peterson: Second.
Councilman Boyle moved, Coundiman Peterson seconded that the City Council approve the
request for proposals seeking feasibility studies and design and construction consultation for the
following city trail connectors: TH 5 at Bluff Creek; TH 5 at Riley Creek; and TH 101 South from
Lake Susan Drive to Bandimere Park- All voted in favor and the motion carried unanimon~ly 3 to
2002 BUDGET: DEBT SERVICE AND APPROVAL OF PR~.IMINARY 2002 TAX LEVY.
Mayor Jansen: We have the debt service and approval of the preliminary 2002 tax levy, and Bruce I
didn't have a chance to ask you. Do you just need a majority vote of those?
Brace DeJong: Yes.
Mayor Jansen: Okay. $o we're okay. Ca'eat
Bruce DeJong: ...but you do have to have a special meeting for the, we have to certify the tax levy...
Mayor Jansen: Within 3 days?
3 days. So that will be the earliest...
Certainly agree. Fommately with the preliminary levy and not the final, okay. Staff
Bmc~ DeJong:
Mayor Jansen:
report please.
Todd Gerhardt: Mayor, City Council members. Our trmance Director has put a power point presentation
together to give an overview of the 2002 tax levy that is being req~.
Bruce De,long made a power point presentation to the City Council on the 2002 tax levy and debt service.
Mayor Sansen: Nice presentation.
City Council Meeting - September 10, 2001
Brace DeJong: One other thing that I did want to mention is that in discussions with Mark
Ruff...changed from last year's assumptions...so with your indulgence, we may make some minor
modifications to that...but keeping tho overall debt levy tho same. Just adjusting which funds will
receive...
Mayor Jansen: Okay, very good. And as far as where the council is on reviewing budgets, though we
have received the preliminary drafts from department heads, council still has the detail review to go
through with each of the departments as to programs that they're proposing and where the funds are
actually allocated to so we're only a small step into the process at this point. But because of the State
requirement that we approve the preliminary tax levy by the end of this week, we move into at least a
rough guess on staff's part as to what that need is. But as Brace just point out, once we get more of the
specifics and we've got some detail and staff has had an opportunity to really look at these numbers even
harder, we can always reduce this. We can't go above this number. Were we to encounter situations as
we go through with department heads, programs that we would like to add or additional services or you
name it, if there' s a lift upwards, we cannot increase above the amount that we set tonight. So in the
survey of, I do tend to follow staff' s direction, especially this early in the budgeting process. And
looking at the increases that is proposed in expenses, we're looking at a higher proposal so far of this
5.6% increase in the departmental expenses. And the main increases are covering the State funding that
we'll no longer be receiving because of changes in the tax laws. And then also a 47% increase in the
debt levy so those are the significant.., or things that are basically outside of our control as we go through
this budgeting process. So with that said, are there any questions for staff? We can move into
comments.
Councilman Peterson and Councilman Boyle asked questions of Brace DeJong for clarification on tho tax
levy and debt service.
Mayor Jansen: And I guess what I would maybe suggest is that we've got 2 ½ months to ponder that as a
proposal and maybe look at it a little closer with staff as to the actual impacts. And part of what we have
to look at is $625,000. $668,000 in lost revenue so we need to be a little cautious when we're quoting
this 34% increase. It's not that our expenses are soaring to a point that we need this 34% increase. It
was anticipated by the legislature when they made the changes that they did, that thoro wore going to be
some of these impacts on...and we're going to feel more of that this year and hopefully not have to
experience that further into the future. So this is a...
Councilman Peterson made a comment at this point in response to Mayor Jansen.
Mayor Jansen: But then we also have the recommendation...conservative to the bonding taken is one of
our goals and we'll certainly try to accomplish having our bond rating to improve so that the cost of
money to our residents isn't as high as it is...we've been making some nice progress there. So if it were
increased to the level that was recommended, which is 15%, we'd be going to 3 ½...so we're still above
that currently... And again I guess what I would encourage is because this is a preliminary tax levy, and
we're certainly throwing out some ideas and concepts here this evening, it might behoove us to listen to
our experts at this first stage in the process. Go in with our department heads and again see what the nuts
and bolts are of their budgets and walk through that detail and we can make whatever changes we feel are
necessary, as being discussed here this evening, with that final levy .... at least leave the options open
and.., one of the things that staff has continually encouraged us to do is to leave them the options
available so that at least they can take a look at the details and the impacts which certainly there are some
comments here this evening that give them a little direction as to where council may be going. But I
City Council Meeting - September 10, 2001
guess I'd encourage us to step up and support staff with the preliminary tax levy point and then we can
decide if we need to tighten the belts and philosophically make changes...
Councilnmn Boyle: I agree with your comments. I have some other questions but...
Bruce DeJong made a point of clarification to the council.
Mayor Jansen: One of the pieces of information you're able to get us closer to the final levy setting was
a...as to how it would i ,re!tact our individual homeowners. Would you anticipate that by the time we're
approaching the final levy setting again this year that you might be able to come up with a rough guess?
Bruce DeJong: Yes...
Mayor Jansen: Even though we may be looking on paper as though we're having this big increase, it
may in fact, with what you're saying, with all of the increase in valuations, it may be a minor effect or a
lesser... Any other questions or comments? Okay, if we're ready then for a motion. I'd like to have a
motion please.
Councilman Peterson expressed his reasons for not making a motiom
Mayor Jansen: I'll make the motion and I would maybe echo pan of what Councilman Peterson just saict.
However, at this point it's early in the process, I would like to respect staff' s recommendation and give
them the opportunity to continue to explore and give us information as we get down to the final levy
setting so I'll make a motion that the City Council approve the staff recommendation as submitted. Is
there a second?
Councilman Boyle: Second.
Resolution82001-60: Mayor Jansen moved, Councilman Boyle seconded that the City Council
adopt the preliminary tax levy of $5,351,650 for the general fund, $1,154,435 for special assessment
debt, $316~172 for general obligation debt, and $1,030~181 for market value debt. Mayor Jansen
and Councilman Boyle voted in favor of the motion- Councilman Peterson voted in opposltiom
The motion carried with a vote of 2 to 1.
COUNCIL PRF_.~ENTATIONS: COUNCIL/COMMISSION LIAISON UPDATE.
Mayor Jansen: If we have any updates on our commissions from liaisons. I was present at the last
Planning Commission meeting and I would say that there really weren't any major issues that came up.
Everything went very smoothly so I don't have any updates for Planning Commission so why don't we
move onto Administrative Presentations.
ADMINISTRATIVE PRESE~ATION$: TH 101 UPDATE.
Todd Geflmrdt: Mayor and Council members. Teresa is here to give you an update on the 101 project.
Staff had the opportunity to meet with residents...here a couple of weeks ago to talk about, well Mzlie
addressed Teresa with the issue of maybe the City taking back Highway 101 for reconstruction. And
from that we asked Lezlie if she would go back to Hennepin County and City of Eden Prairie to look at
what they think of that option and Teresa has had conversations, I think it was last Friday regarding that
project and she can update you today.
City Council Meeting - September 10, 2001
Teresa Burgess: This is the first time I've talked about 101 that the room's not packed, standing room
only. I do assume there are people at home who are listening and I know we have at least one council
member who's not familiar with this project. The tumbaek project is a process where MuI)ot allows the
project to go back to a county or city. Up until this time they've been contemplating a tumbaek to the
county between Hennepin and Carver. In a conversation we had with MnDot we came up with, what
about turning it back directly to the City of Chanhassen. At that time everything kind of broke loose and
in the last couple weeks we have...again. And on Friday I met with Mnr)ot to discuss where we go from
here. They have had conversations with Hennepin County and Carver County, both have stated a desire
to at least look into the option. What we are proposing is that if reasonable, which would mean a
minimum level of service is D, we would be looking at 2 lane with shoulders and bike path and/or
pedestrian trail on the side. We have not gone into detail of what the widths are but we would be looking
at a direct turnbaek to Chanhassen. At this time Carver and Hennepin are still interested in the mmbaek
to them, but they have not committed to that and are meeting tomorrow with Eden Prairie to discuss the
options to see if they are in support. Certainly we need Eden Prairie's support because it does sit on the
border between Eden Prairie and Chanhassen. One of the options would be for the two cities to take the
road back and split the jurisdiction. The other being of course directly back to one city. Chanhassen has
expressed at a staff level that we believe that it is in Chanhassen's best interest and we'd be willing to
take on that maintenance responsibility. We would receive what is referred to as MSA, Municipal State
Aid financing for that roadway. That financing goes towards maintenance of the road and also for the
eventual reconstruction in 20 or 30 years. At this time we do not know if it's viable. We are still in the
process of reviewing that. The city currently has traffic counters out on Highway 101. They were in
place today. They're taking new counts. We took counts in May. Mnr)ot has requested that we re-do
those counts to confirm the numbers. We are also in the process of doing hand counts at Pleasant View,
Valley View and West 78th. What those hand counts do is they sit at a comer, you may have seen them
several times and wondered what are those people in the chairs doing. They sit at the comer and count
how many people turn left, right or go straight. And we are doing that with a consultant service. We
have hired Benshoof and Associates to go out and do that work for us. We do not have enough staff to
do it. That will be done before September 19~ so we can mm it in to MnDot along with traffic counts.
MnDot will perform the level of service analysis. If we meet the minimum level service analysis of D
with the two lanes and the mm lanes at those intersections, then we will pursue a two lane with shoulder
and bike path and/or trail. Now a lot of that does...with the neighborhoods. We have not done that yet
because we do not know... Also at the time we have level of service determined we need the council to
see if they are still willing to move forward. I realize that this is something that' s new to you and we
have not talked about this. If the City, at a council level support taking back this project. One of the
things we've looked at very preliminary, how much it would cost us to maintain the roadway. We are
estimating in 2001 dollars approximately $12,000 per year to sand, snowplow, crack seal, patch covering
101 assuming that we can start using mmbaek funds. Obviously maintenance at this time is significantly
higher due to the poor quality of the roadway. If there's any questions I'd be happy to answer them
Mayor Jansen: Any questions for staff7
Councilman Peterson: Turnback funds...
Teresa Burgess: Tumback funds would address the functionality of the road. The actual signals may or
may not be eligible depending on how that road is classified for functionality. The other thing that I have
been informed is that the municipal turnback is different than county tumback. For a county turnback it
would not qualify for signals as I understand, nor would it qualify for storm drainage or curb and gutter
or trails. Under municipal turnback, that would be considered an urban upgrade to bring... It would
City Council Meeting- September 10, 2001
qualify. If the signals do not qualify under the turnback program, there are a couple of other options
including a cooperative agreement. Those signals were considered under the county turnback plans
originally discussed so it is possible they would be allowed with this project.
Mayor Jansen: Well I want to thank staff for working as diligently as you have with MnDot and coming
up with a proposal like this and now approaching our partners on this and going to Eden Prairie
tomorrow, I will be curious to hear the feedback from that discussion. See how amicable they are
towards this proposal but thank you. I thinlc it's certainly sounds encouraging...keep us in the loop as
you proceed.
Teresa Burgess: Council should be aware that this process may have some i ,mpact on the time line for
the bike path that is currently in the works. That will be something we'll be keeping tracking and...the'
recent work that we've been doing with MnDot we have asked these...to not get too far down the road
until we've had these discussions to see if the counties are interested... That will not delay us if we do
choose to move forward with the trail next year. Hopefully we'll be aclxudly bringing that...
Mayor Jansen: Great. And then somehow working with Representative Worlcrru~n to come up with some
money for iL Just wonderful. Anything to add Todd?
Todd Gerhardt: No. One thing for Teresa, when were you thinking that we would go to the
neighborhoods on this?
Teresa Burgess: Once we determine this does meet the level of service D.
Todd Gerhardt: And then it's just the traffic counts?
Teresa Burgess: Then it's the traffic counts and MnDot will need a couple of weeks to analyze that
data. They are very anxiously awaiting it...by the end of September. In fact Benshoof should have their
report to you by September 21~t and we'll have it couriered up immediately as soon as we have it on our
desk... Once we have that in the office...take 2 to 3 weeks depending on their ~ workload. We'll
have an answer on level of service and be able to have detailed discussions on who takes the road and
how we pursue this...1VlnDot has asked if we would be willing to re-work on our agreement with HTPO
to revise our feasibility study from sim?ly a trail to a full blown road consmicfion.
Todd Gerhardt: But that would have to come back to the council.
Teresa Burgess: That would come back to council for approval because that would be a change in
Todd Gerhardt: So by our September 24m meeting you should be able to give council an update as to the
results of the traffic counts and MnDot's review of those.
Teresa Burgess: That data will still be raw. We'll have just turned it in On September 21". We won't
have a MnDot response yet, but we should have it by the first meeting in October.
Todd Gerhardt: So from that meeting in October we would look to council for direction to go ahead and
meet with neighborhoods...
Mayor Jansen: Very good.
City Council Meeting - September 10, 2001
Todd Gerhardt: Second item that I just want to make council aware of that will probably come out in the
newspapers Thursday is the metro goose hunt that started roughly 2 weeks ago. We have received a few
phone calls regarding the shooting that occurs in Chanhassen. It was a year ago the City Council
established the hunting zones for shotguns. Right now it's down in the northeast comer of 101 and
Lyman where the Klingelhutz farm... We have received a few calls regarding that. Not really concerns
regarding the danger, just the sound that the shotguns make and should they trust to have their kids out or
not. There probably will be a petition sent through the City Council here in the next month or two
regarding that. We did have an incident where somebody was outside of that shooting zone and we
addressed that individual and it was a dispatching issue with that too so we addressed that issue with the
dispatchers too. The dispatch all, and so I just wanted to make sure you're aware of that...
Mayor Jansen: Alright. Anything else? Motion to adjourn.
Councilman Peterson moved, Councilman Boyle seconded to adjourn the meeting. All voted in
favor and the motion carried. The meeting was adjourned at 7:$8 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CHANHASSEN PLANNING COMMISSION
RF~ULAR MEETING
AUGUST 21, 2001
Chairwoman maekowtak called the meeting to order at 7:00 p.m.
~ERS PRF~ENT: Alison Blackowiak, Uli Sacchet, Rich Slagle, and Bruce Fc~
MIi3VIBERS ABt,qENT: Deb Kind, LuAnn Sidney, and Craig Claybaugh
COl osmm crrY
A. E~TABLIb~ AN QRDINANCE CREATING SETBACK~ FOR FENS~
B. F_~TABLISH AN ORDINANCE fV~_,ATING SETBACKS FOR CRgglr~q.
Lorl Haak presented the staff report on this item.
Blackowiak: Okay commissioners, questions? Go ahead.
Sacchet: Yeah, I do havea few questions, trtrs~ of all, in that new part you ~ddedto your report you're
talking about acquisition being the preferred solution for this type of a situation. And I think you touched-
on that also in the comment of one of the ~ owners. It seems there are some negofiafi. 'ous going on
that it would be required by the DNR or what's ha~ing in that?
Haalc Well currently we're not in the negotiation process per se. We don't have numbers going back
and forth and tha~ sort of thing. We're in the pre~ stage~ of consid~ing negotiations and what '
that entails right now is the lower Minnesota River Watershed District has vol~ to act as sort of a
liaison between any public entities and the private ~ owner and Kevin Begaulky with the Lower
Minnesota River Wal~rs~ District is present tonight and can speak to that in a little more detail if
you'd like.
Sacchet: Yeah, that would help. Because I'm under the i ,mlxession that there have been some talks. I
don't know how formal from that tour that we took down there. That we're talking actually about some
numbers or what so yeah, it'd be interesting to have maybe, I don't know whether that's just a tie in right
now of?
Blackowiak: No. Actually we'll have the commissi~ 'ask any questions of staff and ttzm we'll move
onto the next step.
Sacchet: Do the questions first Now in terms of the legal issues, I assume you did some analysis as to
how these setbacks would i ,mlmCt the current lots of ~ Could we get a little bit of a sense of where
that's at?
Haak: As I indicated at the last meeting, many of the lots of record have a large amount of wetland on
the properties already. I've roughly indicated the wetland areas on this. I don't know, you'll have to
help me out.
Planning Commi,sion Meeting - August 21, 2001
Aanenson: Can I excuse you for a second? The Planning Commissioners can see this on their TV, but
the applicants, anybody else that wants to step up. I'm sorry, our big screen isn't working so if you want
to step up so you can see, that's fine. They can see it on their TV'8 up there. That's what we're focusing
but you're welcome to stand. I'm sorry.
Slagle: If we can zoom it in a tad that'd be great.
Aanenson: .Yeah, thank you.
Haak: I've roughly identified the wetland in green highlighter here and that's as it appears on the city's
surface water management plan. We've not delineated the wetland on the ~. The portions of the
wetland that are fen complexes are well within those areas. Primarily there' s an area in here north of the
railroad tracks. There's one south of 212 here and several areas within the confines of the wetland
complex. So this is a little bit difficult because it doesn't have the ~ lines on it. Had some
limited success with that earlier today'but there' s one large piece that runs along Assumption Creek here
out to approximately this location. And I believe this is Sam Wetterlin who owns this particular piece, as
well as a portion of the piece next to it. As you can see from the green line, a large portion of that is
wetland. The pink is the proposed 150 foot setback. As you can see if we increase that to 300 feet, a
large portion of this parcel becomes unbuildable without a variance. In addition that occurs on this piece.
Both north and south of Assumption Creek. The other properties, there's one property owner here.
There is currently at least one structure on this parcel. There is one property here. I'm not certain who
owns that but a large portion of that appears to be wetland. There's one other parcel here. It appears
there may be some buildable area here but as I indicated before, most of the fen is over in this location.
The only portion where I can a.n. ticipate withoui having the fen delineated that the fen setback would be
outside of the wetland boundary, would be in this location here on this. And this may or may not be, this .
appears quite wet on the aerial photo that we have in front of us this evening. On some of the other ones
it a~ drier so it's really difficult to tell whether or not it is actually jur~..sdictional wetland. So as I
'said earlier, many of the parcels already have wetland issues and it's staff's opinion that any increased '
setback from the fen would not exacerbate these issues terribly because there is already a 100 foot
setback requirement with a 50 foot buffer requirement around pristine wetlands like this one.
Sacchet: To clarify Lori. You're saying that the fen setback wouldn't really make much difference.
Now does that also apply to the creek setback?
Haak: Well as I've shown here, the 150 foot creek setback actually have, appear to have a greater irt.re, act
on the properties and primarily that would be this piece owned by Mr. Wetterlin,' and this piece owned by
Mr. Wetterlin in conjunction with another party. This parcel I believe you reviewed several weeks ago,
the Nystmm property with the condition that I believe was adopted at the time or recommended at the
time. It would have very little irr~. act on that property.
Sacchet: Okay, thank you Loft. I'm sure we'll hear from the applicants on how they feel about that
impact piece. I do have a few more questions if I may.
Blackowialc Sure.
Sacchet: So we've notified property owners. We have some here. We'll hear from them. We've
notified the DNR. We got a letter from the DNR which the way I read it, it seems like they're supporting
the 150 feet setback as well as the 100% of the 100 feet be the buffer. However our proposed ordinance-
Planning Commission Meeting - August 21, 2001
stat~ that for the creek we would only have half of it as the buffer. Can you give me the rationale for
that?
Haak: Well as I stated in the staff report, it's primaffiy because most of the rare and special concern
species are located within the fen and not adjacent to the creek. That's another thing that Kevin may be
able to tell you. He was actually the trout stream coordinator for the DNR for some time.
Sacchet: So that'd be a question for him; to give a little bit sense, and also in terms of i ,mpacting the
property owners. That seems to be more balanced. Is that pan of the thought? And we have the
Watershed here. One point that came up when we discussed this last time is the question about
im?ervious surface. I don't think your current report went further into that aspe~.
Haalc No. It wasn't included in the report. Typically the watershed's, if you have areas that are in
excess of 10% impe. rvious surface it can have a marked effect. In meetings with Kevin and with some
other individuals we've determined that really any massive amount of i ,mpervious surface will increase
the temperature of the runoff to a point where it could be detrimental to the fen, or the creek.
Sacchet: That actually leads to my last question I had is, in this context could it be reasonable idea to
restrict the amount of water that we allow to feed into the creek to prevent the tempexature change?
Because we know that that would have a significant i .mlmct. That's something that I don't think was
considered. Would that, you seem to be a little shaky about that.
Haak: It's really unchartered territory.
Saochet: Be kind of a new thing.
Sacchet: ...little bit of a challenge from that angle.
Sacchet: That's my questions. Thank you.
Blackowiak: Okay. Rich, any questions?
Slagle: Yeah, Fve got a couple questions. FLrst of all, how many land owners surround the fen and the
creek?
Haak: I'd have to do some counting.
Slagle: As you're doing that let me ask the next question. How many of those who received the notice,
and how was the notice, since we use the :500 foot notification area, did it encoznpass the entire area?
500 feet from all edges? Or was it centered just on one area?
Haak: Well the notice was sent out and then the person who sent out the notice went on vacation and I
neglected to grab her before she left for the evening. I did work with her to establish that area. It was not
using 500 feet surrounding the property. Because these irr~, acts would be primarily on the people who
own property that is actually within the creek, or contains the creek or the fen. And we used GIS similar
Planning Commission Meeting - August 21, 2001
to this map, if you want to put that up. And certainly all the property owners south of the Hennepin
County Regional Corridor and north of the Highway 212 were included in that notice as well as.
Slagle: So we're talking about all of these and these. And I guess I'm just wondering, since we have 2
residents, I'm a little surprised that there's only 2 to be honest with you. If there's talk of literally taking
people's land for albeit a good cause. So hard to answer I know.
Haak: Right.
Slagle: But just wondering if you had those figures. Okay. Any added thoughts Kate?
Aanenson: No.
Slagle: Okay. That's all.
Feik: Yeah, my questions were along the same lines. Were any meetings with the affected parties, other
than planning session meetings. Did you go out and meet with any of the affected land owners? Were
there any other communication with the homeowners or the landowners I should say?
Haak: Primarily the contact that occurred was initiated. We did send out the letter and initiated by the
property owner after that so. It appeared in the paper as well on two separate occasions. The first one,
thi.~ appeared for the first time on July 17t~ and then prior to this meeting as well.
Feik: Thank you.
Blackowiak: Alrighty. I don't have any questions right now I guess. Other than if we're looking at both
the fen and creek setbacks, I'm assuming you would be looking for language similar to the native, I'm
sorry. A buffer of native vegetation.' Similar language through both documents. Is that what you're
looking to' see?
Haak: That's correct.
Blackowiak: Okay. That's all I wanted to clarify. Alrighty, this item is not open for a public hearing.
However, I would like to give any people that are interested in speaking about this, either of these two
items, the fen or creek setbacks, a chance to get up this evening and make a statement. So if you'd like to
come up to the microphone and state your name and address for the record, we'll get your comments on
the record.
Kevin Begaulky: My name's Kevin Begaulky. 'I'm the District Administrator for the Lower Minnesota
River Watershed District. The District at this time isn't in a position to make a recommendation in either
support or opposing the setbacks. I presented to my Board of Managers last Wednesday and there wasn't
a whole lot of discussion and the discuss that did occur was mainly somewhat of a lot of what your
questions are in terms of what would the setbacks, what is the setbacks based on in terms of research and
existing ordinances in other communities and similar situations with calcareous fens or trout streams and
so in working with Lori I'm sort of gathering that information to present to my board as well at an
upcoming meeting. One thing that I have been in discussions with outside of my board on an individual
basis as well as with our attorney is what role can the Watershed District play and a potential role as Loft
stated earlier is that we could be, act as some sort of a facilitator or mediator type position between the
existing landowners of any of these parcels of land. And in the largest case, what we may be familiar
Planning Commission Meeting - August 21, 2001
with in terms of some of the negotiati~ with the Wetterlin portions of, pieces of property and whoever
a purchasing party may be. Whether that be the City or the Depamnent of Nauual Resources directly or
an organization similar to like the Conservation Fund or the Trust for Public Land that may be able to
come in and expedite the land purchase with additional parties contributing to the acquisition of that
property so that is a role that the district is considering. I think it's a very feasible role.that the district
could play, and if that does become the role, it would be in the district's best interest not to take a
position on whether or not we support or oppose a setback because we would be acting, we would want
to act as a neutral party between the landowners and any of the purchasing agents so. If we come
forward and make a position one way or another in support or againn of the setbacks, that would in our,
and in my opinion, essentially eliminate us as a facilitator type position. And so that's some. thing that my
board and I will be discussing at future meetings. But I do think th~ interest is them for us to help in any
sort of negotiations that would be possible. In terms of the setbacks, I think in both negotiations, Or
talking negotiations. Talking with Lori and your city staff as well as some of the research that I've done,
it is somewhat, it is based partially on scientific research out of Iowa State University where they've
done a lot of setback, or information not necessarily on city ordinances or setbacks but on buffer widths
for protections of streams and wetlands in general. And the varying widths of those buffers and the types
of impacts that, and benefits that they would have vary from simply a water quality standpoint all the way
up to a much larger buffer width that would provide and enhance something along the lines of wildlife
corridor. And to have that managed that way. And the 150 foot setback is somewhere inbetween. Their
two extremes being the minimal and what they would consider ~ for water quality and minimal
width which is much wider for wildlife corridor type status. The Center for Watershed Protection also
has similar information on setbacks and buffer widths from stream.~ and wetlands bdt not necessarily on
trout streams or calcareous fens specifically. One of the Planning Commi~ion me~ had a couple of
questions, and I'll try to address those to the best of my ability as I noted them. You had asked, one of'
you had asked the questions about existing or current negotiations for acquisition of the seminary parcel
which is currently owned by the Wetterlin family and another party. Those negotiations have been
somewhat ongoing and I think the Wetterlin' s would probably jump in when they stand to speak as well
Currently there is not any ongoing negotiations. They have occurr~ in the past but I don't think there's
been anything, at least between the City and the Wetterlin's at all, and cemdnly between the Departtmat
of Natural Resources and the Wetterlin's probably within the last year. And I may be mistaken on that.
But there is again an enhanced concern and really a concern for what's going to happen with just the,
with the Seminary Fen and Assumption Creek regardless of who is owning the property. And so
acquisition does seem like the best means for protection because it is such a large contiguous piece. I
mean even if you get a buffer, there isn't, it's still largely in private ownership and the resources in really
dire need of some sort of management and at least a public agency like the Department of Natural
Resouw. es has a difficult time justifying expending dollars for managemem on private lands if there's not
a public benefit. So from that pompecfive alone you know acquisition is the ideal case unless some sort
of an agreement can be worked out with the landowners for ongoing management But that does become
a fairly expensive endeavor to do that. I touched on the watershed district role a little bit and' our interest
in assisting with whatever negotiations may be. There's also a question raised about i .mpervious surface
and the impacts that that may have. Again from the Center of Watershed Protection and a number of
other sources, one of which being the Pollution Control Agency's Urban Best Management Practices
Manual. It cites anywhere from, when you reach the level of 10 to 15 percent of i .mpervious cover in any
watershed, you begin to see degradation impacts and certainly once you reach a threshold of about 25%
it's very noticeable in terms of thermal i .mpacts, water tempeanmare, water quality and water quantity.
That becomes an even more, a much higher concern, an elevated conce~ when you have a situation like
a calcareous fen and a trout stream, in particular a trout stream that is dependent upon a good cold, clean
source of water. Largely it is coming from ground water but the~ is a level of ground water recharge
that takes place that you lose with an increase amount of i .mpervious cover and the storm water
Planning Commission Meeting - August 21,2001
management, or the storm water impacts from traditional storm water management and ponding controls
have a very significant detrimental impact on the water temperature, if it's being disc .harged into that
stream. So those are obviously some very, very big concerns. And then I think lastly there is a question
about the quality of vegetation and the need for the whole setback to be established in native vegetation
for the fen, but only 75 feet of the setback in native vegetation for the creek. I think that most, the
Mghest quality vegetation and the rare species of vegetation are going to be found in the calcareous fen.
There's a number of rare and endangered or threatened plant species that are found in the fen. And just
the quality of the fen vegetation...within the stream corridor. You're going to have your maple,
basswood, cottonwood type species directly on the corridor and the banks of the Assumption Creek, but
you're also seeing encroachment of invasive species like buclahom and a lot of willow and some
dogwood that are beneficial species but they do tend to drown out some of the native stuff so, unless
there's any other questions, that's all I have.
Blackowiak: Quick question, sure.
Saeehet: Real quick. So I just want to make sure I understand what you just said of the fen versus the
creek in terms of the sensitivity with the threatened species and so forth. That it's more sensitive in the
fen so in that sense it would support staff's recommendation to have a smaller buffer with the creek also
from that angle. Did I hear that correctly?
Kevin Begaulky: I wouldn't go so far as to make that recommendation. I would say that there's a higher
number of unique species' found in the fen complex itself than what you' re going to .find, at least tO my
knowledge, directly along the stream corridor.
Saechet: But on the other hand the creek is very sensitive to the tempei'amres, so there's a balance.
..
Kevin Begaulky: Exactly. One question that I would have to city staff is there was a question about -
which landowners and the number of landowners that were contacted. Just something that popped in my
mind is if the City of Chaska was contacted, being that this could potentially impact properties within the
City of Chaska that are maybe divided by the town borders or being it split or right up agm.'nst that, I
think that that would perhaps merit some discussion and consideration as well.
Blackowiak: Okay, thank you. Is there anybody else that would like to get up and make some
comments?
Please state your name and address for the record.
Sam Wetterlin: Sam Wetterlin, 6609 Dakota Trail, Edina. I am a principle in two companies which own
the main property that's at issue here. One is Emerald Ventures. Can you still see this?
Blackowialc No, we can zoom in. Matt, excuse me. Could you? Thank you.
Sacchet: Yep now we see it.
Sam Wetterlin: Basically the property from about the crease here over is about a 120 acre piece and
that's owned by Emerald Ventures. From the crease over to the left is a 40 acre piece that' s, over to
about here. It is a 40 acre piece that's owned by Fenway Limited Partnership. They're two different
owners but I'm involved, and my brother Allen is involved in both of them so I was going to make a few
statements. Allen isn't going to say anything unless I say something stupid. And I have some written
remarks which I'll provide you but I want to cover a few introductory matters first. First of all, the
Planning Commission Meeting - August 21, 2001
_timing of this, I mean we got notice of this a lillle less than 2 weeks ago. We got the staff report a few
days ago. We would like to request that you not take any action on this tonight because first of all it
raises a lot of legal issues and we retained an attorney but he hasn't had time to look at it. And second of
all, we intend to retain a wetland consultant to also take a look at it and obviously he hasn't had any
opportunity to look at it so, I'll make my remarks tonight but I'm not a wetland expert or a legal expert
on this issue so we would like the opportunity to have them present some s_ddifional remarks in a later
meeting. ~ properties, in evaluating the i .m!~t of the setbacks it's i .m!x)ttant to realize that the main
dry ground they call it, the non-wetland portion of it, it's a long skinny piece that runs along Highway
212. So when you think of the effect of the setback, you have to consider the setback from the highway
which is not shown on this map. Then you have to consider the setback south of the creek, the setback
north of the creek, and the setback from the fen along the north side of the ~. Now I'm a little
confused about the setback from the fen. That's not shown on here I don't, is the idea that the fen isn't
close enough to the property boundary to i .mpact it or I didn't understand why there's no setback shown
on these properties from the fen.
Blackowiak: Lori would you like to address that?
Haak: Yes please. The fen has not been delineamxl as such. We have a rough idea of where the fen is
located, where the components of the fen are located and that is on a separate map that we've shown
before the Planning Commission before.
Sam Wetterlin: I just noticed on this map there is an area of the fen that's shown there would essentially
nm right along this green line so you'd be talking about, if that is accurate, you're talking about a setback'
of 150 feet nmning south from that green line. Meaning essentially on this parcel over here,, the 120 acre
parcel there would be nothing north of the creek that would not be covered by the setback. There'd be
nothing left. On the south pan of the creek, when you take into account the highway setback, which I
think is 150 feet from the center of the road or I believe that's what it is. When you draw that in, there's
virtually nothing left on the south side of the creek either.
Blackowialc That's given the current setbacks is what you're saying?
Sam Wetterlin: No. The Mghway setback is a current setback.
Blackowialc Right, no. But is the pink, Fm sorry. Lori, the pink seXhack, is that the current setback or
that's the new proposed 1507
I-lssk_. That is the new proposed 150.
Blackowiaic So it'd be the 75. So half the distance then? Where is the current? The dashed line
halfway between the center of the stream and the pink line.
Blackowialc Yes. Could we effectively draw that in?
Haak: Yes. It's 75 feet for anything with a sewage treatment system which would be this because it's
not within the MUSA.
Planning Commission Meeting - August 21, 2001
Blackowiak: And Kate or Matt, setback from 212. 150 from the center of the highway, is that correct?
Do we have a number for that?
Amaenson: II'sAg.
Haalc 50 feet.
Blackowialc Okay. Okay, that makes a difference. Alright, thank you. Continue.
Sam Wetterlin: Well that would leave some property then running between, I'm not sure how much.
Some property south of the creek. Certainly nothing north of the creek. And then this field over on the
right, which Loft indicated that maybe there was some issues whether it's wetland. That's actually been
a farm field for years. Maybe there's some issue along the edge there or something but the mass bulk of
it is dry as can be. And that, again I guess we don't exactly where the fen is but because that's a
relatively skinny piece, if the calcareous fen extends around the edge of that, it would easily wipe that
out. So I guess my basic point there is, on most of this property you have to consider that you have a
strip of property that's subject to 4 setbacks. From the road, south of the creek, north of the creek and
then south of the fen. And so whatever setback you impose, the effect on this property is really 4 times
whatever you do. Or technically 3 times plus the existing highway setback I guess but the point is it's a
major, major impact. I want to say something about the fen itself too. As far as the operation of the fen.
What makes it a fen is water from the bluff and areas north on the bluff, who knows how far away, soak
in. They seep down below the level of the fen, travel under the fen and bubble back up because of the
pressure from soaking in high up. So they create a lot of springs and if you walk around on that property
there must be 100 springs on the property. It's just all over the place there's water seeping out of the
ground. The land itself is dry and I mean, I shouldn't say dry. It's walkable. It's spongy but it's not
swampy. It's, you can walk on it but there's water coming out everywhere and then while it kind of
gathers in the streams and the streams come together and form Assumption Creek. Then Assumption
Creek itself has some springs within it that feed it directly. So the point there is the water that we're
concerned about here comes from the north. The dry ground here on these properties is not part of the
recharge area. The water does not soak in here and come up in the fen. Nor does it run off of here into
the fen because anything that ran off of here, anything that ran to the north of here would be intercepted
by a gully here and end up nmning down to the creek. So there is possible runoff into the creek but it is
not possible for water to run off this property onto the fen. And likewise the water that seeps into this
property is not going to bubble up in the fen because the water, actually much of the fen is actually above
the elevation of much of this. It's a big pile of peat. And you would think it would be a low, wet marshy
area but what it is is a giant pile of peat. And it' s actually a relatively high elevation. For example, it' s
much higher to this field right here is probably 15 to 20 feet below the level of most of the fen. This stuff
over here is dry, solid ground. This stuff here is spongy peat. So the point of all that is, if you're
concerned about the quality of the creek and the fen, which I agree are important resources and I agree
they should be taken care of, and that's one of the reasons we bought this property. We liked the creek
and we liked the fen and we don't have any intention of filling them in or mining them or anything. I
mean our purpose is to do something that can make use of the natural amenities of the whole property.
But in managing the quality of that water, what comes, what happens on our property is nothing
compared to what happens on the bluff. And it's like trying to, if you have a problem with the water
quality there, it's like trying to desalinate the ocean by not throwing another grain of sand in it. It's
already so salty that another grain of sand doesn't do anything. You know what, if a grain of sand goes
in off of this property, it's nothing compared to what goes in in the actual recharge area. And if
something is, if there' s a problem with water quality, that' s where the problem is. That's what needs to
be dealt with. Now the creek, one more issue on the creek. It's important that the creek be cold water
Planning Commission Meeting - August 21, 2001
because that's what makes it useful for breeding trout. That's why the tenxperatu~ of the creek is so
important. But if you look at the creek, I mean I have been to the creek every month of the year. The
flow in the creek is almost constant. It's almost the same in the middle of winter as it is in the middle of
the summer. Almost all the flow in that creek comes out of the ground. It comes from the springs in the
fen and it comes from springs in the creek itself. Very lillle of it is runoff from the surrounding property.
And I agree with the comment made earlier that if the concern is to deal with runoff, then what would
make sense is to have an ordinance dealing with ponding requirements. To pond the water so it doem't
run into the creek. That no additional beyond what would run in there now would nm into the creek. I
mean that seems like a perfectly manageable kind of a thing. And it deals directly with the issue as
opposed to the setback requirement which is very burden~m~ on the property and is a very indirect way
of dewing with runoff. It seems to be if runoff is a problem, then we should deal with nmoff. One
further issue on the runoff. There were some numbers quoted as to when one should be concerned about
the amount of runoff affecting a wetland. Well, you can't sim?ly look at the water, the amount of
hnpervious area here. If this were, if the high ground were 25% i ,mlea'vious, when you look at the
pwpe~ as a whole you still have 50 or so acres of high ground and 150 acres of fen. When you look at
the property as a whole, you could pave everything and you still couldn't get to 25% i ,mpervious ground.
So again that gets back to the point, the amount of runoff from these properties is trivial compared to the
water that comes from the recharge area and that's the part that really determines the quality of the fen. I
want to say something about the negotiations for the sale of the ~ also. We have talked to the
DNR starting 3 years ago about the selling the pw~rty to them. They talked to the Fish and Wildlife
Service and a number of people. I thought they talked to the City of Chanhassen at the time. The school
district apparently for some reason, trying to put together a group of people to purchase it. We actually .
got an appraisal a year, May, 2000 in connection with our negotiations with the DNR. These two parcels
together were appraised at 2 ~4 million'dollars of which $500,000 was the we/land value. And we were
agreeable to donating the wetland if they would buy the high ground at the appraised value. Basically at
that point the DNR just said well, we used to think we could get some money but we can't get the money
so that was kind of the end of it. They never had any problem, as far as I know with the .appraised value
or the concept of the deal. They just couldn't raise any money. So that ended last summer. Then
sometime maybe 6 months ago one of the other people involved in one of thes6 parcels, Scott Burdis, had
some conversations with Renee Leon, who I've never met or talked to but she's with an organization I
think is called the Conservation Fund. Is that the name of it?
Sam Wetterlin: Their purpose is to acq~ this sort of property and then find gov~ agencies that
will participate in taking them out of the property. So I was told anyway that she was talking to the City,
the DNR, the Watershed District, the various people. And in fact I understood, ! mean I'm surprised that
people are saying that they were not aware of the negotiations .for the sale of the property because the
June 4m, I understand the members of the Planning Commi.~sion were out on the property on June 4~. We
were told, we were called about that meeting and told that the purpose of the meeting was for the city and
the DNR to take a final look at the property to decide on the issue of whether they wanted to buy the
~ or not. Now maybe that wasn't the case but that's what we were told. At any rate, my point is,
we're happy to sell the property. We're not trying to rip anybody off. We even offered to donate the
wetland and just sell, our concept was we can give the wetland to the city, or DNIL whoever. Sell the
high ground so that we don't get into any issues then of what can you do with the high ground and all
that, and then if the government agencies what to resell some of the high ground for some special purpose
or something, they can do that so. We've been trying to cooperate with the DNR and everybody we've
talked to to come up with a way to protect the fen and the creek and deal with this whole issue. Then the
next thing we know we get this notice that there are proposed setbacks and buffer requirements that
Planning Commission Meeting - August 21, 2001
would effectively destroy the value of our property. I already mentioned the fact that because of the size
of the setbacks, there isn't a lot of buildable property left. There's a little more than I thought because
the setback from the road isn't apparently quite as great as I thought but still there's a tiny amount left.
And maybe importantly the buffer requirements. From my point of view the buffer requirements, it
seems to me the City saying we're going to take maybe 10 acres of your property. Declare it to be a
buffer. We're going to require that you plant the type of vegetation that we like and that you maintain it
for that purpose and they just stay off of it. Now I can't think of anything more like a taking of property.
I mean you can't do that with a drainage easement and you can't say just go to somebody's house and say
look, we're declaring a 100 foot drainage easement across the front of your property. Will you please dig
a ditch there and allow the water to get through. I ~ no matter what kind of public purpose the city
has, and there is a legitimate public purpose in protecting a fen and protecting the ereelc The way to do it
and the way to deal with it is not to impose these kind of trieodian restrictions which to me look like the
City just trying to move on the property without paying for it. We've been dealing in good faith for
several years now trying to find a public agency to buy the property and I've talked to Kevin Begaulky
_recently about a possible way of reducing the dollar amount of the purchase price by putting some
residential lots in the small portion of the property so that there'd be a smaller portion that would end up
being sold, so the total price would be reduced, which maybe would make it a more manageable deal. So
we have been dealing here in good faith and I guess I'd like to, my preference would be to continue to try
to work out a sale of the property and not to get diverted into these kinds of issues which really require us
to hire a lawyer and deal with inverse condemnation issues and we're just going to get all diverted down
the wrong road and we're going to get mad and you're going to get mad because we got mad and it's, you
know everything goes all to hell so. I guess with all my talking here I didn't hand this out so maybe I'll
hand this out. In here there's a map attached to the back of this which is similar to the map you have.
I'm just going to scan through here and see if I missed something here. Well I guess I didn't get to the
conclusion here which when I wrote this I was getting pretty mad by the time I got to the end so I'm not
trying to offend anybody but I ~ here are the conclusions we came to. First of all you know we
would like to continue this, if you continue the meeting not having a decision made until we can deal
with a wetland consultant and an attorney and maybe more importantly to have, than that is to postpone it
so that it doesn't interfere with trying to come up with some kind of sale or anything. Second of all, as
far as the merits of the setbacks, both the setback and the buffer, requirements, we don't really consider
that those have a proper scientific basis and if they were enacted, they would in our view amount to an
unlawful taking of the property. Third, we basically look at this as the City's decided by hook or by
crook to get control of the property without buying it. And fourth, for that reason, from this point on we
don't want any government officials to enter onto the property without having one of us accompanying
them because this whole thing I think is kind of getting out of control. And then finally, we are still
willing to negotiate a sale. At the time I wrote this I wasn't happy anymore about the idea of donating
the wetland to the City. I guess that might still be a possibility but we're rethinking that aspect of it.
And on that point I want to mention one final thing which we have seen an article I think in the
Chanhassen Villager, and I don't know if it related to a Planning Commission meeting or some
government meeting where somebody made the point that the problem that the City had with this
property is they can't pay more than appraised for the property. Well, that isn't the problem because we
are with the donation of the wetland we would be selling the property for 20% less than the appraised
value so you know there is no technical problem with getting a deal done. It's a question of if somebody
wants to buy the property, let's do it. Otherwise let's not but I'm, you know we're negotiating with
people for the sale of the property and then we find out the people we think are involved don't even know
that there's a negotiations going on and it's confusing so thank you.
Blackowiak: Thank you. In a nutshell confusing. Loft, he brought up a couple issues about water
quality response and runoff. Is there anything you'd like to add at this time?
10
Planning Commission Meeting - August 21, 2001
Haak: At this time I would really recommend that the Planning Commission table this. There are several
things that I'd like to address but I'd like to make sure that my corr,ments are accurate and have adequate
fin~ to review those so.
Blackowiak: Yeah, it sounds like just based on the tone of this letter, as I breeze ttwough it, a neutral
third party might be a very good idea because I don't think we're going to get anywhere tonighL So with
thatI will just, it's not a public hearing. It's not recomn~'~l~on so I would say we'll just see this when
we see it-
Aanenson: Yeah, I would make a motion though to table it if that's what you're leaning towards.
Blackowiak: Okay. So I'd like a motion from somebody to table this so that we can get a little bit more
direction about where the City wants to go with this.
Sacchet: Madam Chair, could we make some conunents though or is that premature?
Blackowialc I think at this point it's premature. I think we just need to let the City and the property
owners talk if they want. But for me personally, it's not even an issue of who owns the ~. This is
a water quality, water quantity. I mean these are more issues than who owns the property but until we
kind of get over that initial stumbling block, and I think we've got some talking to be done, I don't even
think we should move forward with this at all and I think we need to just save o~r c6mments until it
comes back in a form that we can actually speak to a motion or something going forward to council. I
don't think we should say anything tonight.
Sacchec How about addressing some of the concerns of the owner?
Blackowialc I think we just need to table this. I really do.
Blackowiak: So I would like somebody to make a motion.
Feik: F I! make a motion that we table both the calcareous fen setback agenda item as well as the
Assmnpfion Creek setback.
Blackowialc There's been a motion. Is there a second? I can't second so it's up to one of you two.
Slagle: FII second.
Blackowiak: Okay, moved and seconded.
Fefl~ moved, Slagle seconded that the Planning Commladon table considering an amendment to the
City Code regarding creating a setback for fens and ~. All voted in favor, except Saeehet who
opposed, and the motion carried with a vote of 3 to 1.
Blackowialc And comments why you're opposed.
11
Planning Commission Meeting - August 21, 2001
Sacehet: I do believe that there are some misunderstandings that we could have addressed tonight. I do
agree that it's better to'research before and I do agree that we should definitely consider the owners
concerns and give them the time to do their research as well. However, I would have been ready to take
it another step tonight.
Blackowiak: Okay, thank you. So this item is tabled and.
Slagle: Madam Chair, if I could add something.
Blackowiak: Certainly.
Slagle: Direction to staff will be?
Blackowiak: My direction would be, you need to sit down as a city staff and decide where you want to
go with this and keep us informed. I still strongly believe in the concept of the setbacks. However, let's
just, some people need to talk and it's not happening tonight and I think we just need to close it up
tonight and come back later with clear heads, calm thinking. Everyone get what you need to have and
we'll see you in a while.
Sam Wetterlin: A question if I may.
Blackowialc Sure.
Sam Wetterlin: You made mention that this wasn't a public hearing?
Blackowiak: No, it is not a public hearing. This item actually c.ame up, and I was just checking my
dates. The current Planning Commission first saw this at the July 17t~ meeting, which would have meant
that approximately 2 weeks before that meeting you would have been notified. So early July you-should
have received a.letter regarding our first meeting. At that time we did have a public hearing. It did not
go?
Haalc That's why we brought it back this evening.
Blackowiak: Okay.
Aanenson: So it should have been yeah, but which we did open it up so.
Blackowialc Right. Yeah, I did open it up so. . .
Sam Wetterlin: This notice says it' s a public meeting. Not that it matters to me but for reference.
Haak: The notice that appeared in the paper didn't have it as a public hearing.
Blackowiak: Mine has it under old business and not a public hearing.
Aanenson: Correct.
Blackowiak: But it was opened up. People got a chance to speak so I think we're covered there. Okay.
12
Planning Commission Meeting - August 21, 2001
Slagle: Wait, wait, wait. Was it issued in the paper as a public hearing?
Aanenson: Correct.
Slagle: Thank you.
PUBLIC HEARING:
(~)N~IDER AMENDMENTS TO ~ CITY CODE CLARlleYING ~ PROCEDURF_~ FOR
ADMINISTRATIVE SUBDIVISIONS.
Kate Aanenson presented the staff report on this item.
Blackowiak-' Okay, does anyone have questions of staff?
Saccbet: One question. Has this been reviewed with the City Attorney7
Aanenson: Yes. It has reviewed it and he did make regomrrmndntions for change and those have been
incorporated into it.
Sacchet: Thank you.
Blackowiak: Okay, any other questions? I have a quick question.- Kate, how many administrative
subdivisions would you have that are not recorded in a timely fashion? And what is the down side of
them not being recorded in a timely fashion, aside from mapping and.
Aanenson: That's a main thing and because when you have an administrative subdivision where you've
combined two lots, which the ordinance requires is there's a vacant lot between two they can
administratively split that lot and each add to it to make two bigger lots. They come in for a building
permit or the transfer of sale and they get hung up that way. It's very confusing .... under the
circumstances where you're leaving it up to the, sometimes it just doesn't follow through and it needs to
be. There's implications too as far as...when there's different, with the recorder's office again. Tax
parcel notification, that kind of thing.
Blackowialc Taxes.
Aanenson: Taxes, all that so it needs to be timely.
Blackowialc Alrighty. Well that makes sense to me. This is an item that is open for public hearing so if
anybody would like to comment, please come to the podium. State your name and address for the record.
Janet Paulsen: My name is Janet Paulsen. I live at 7305 Laredo Drive. I have some copies to give you.
I just want to walk through. So I wish to address Section 18-37, Exemt~ons and walk you through the
changes that have occurred this summer and those which are proposed. The front page under the letter is
the original code. An existing, I have it underlined in yellow marker is not italicized. On the next page,
18-37 as sent by the staff to the Planning Commission for the June 17m or 18m meeting. Existing is
italicized and private street is added. On the next page is the minutes of the ~g. Alison requests
existing to be added to private street. And then 18-37 on the next page as sent to council, existing is
removed and private street serving up to 4 lots is added as requested. They did not approve the removal
of existing. I don't think council was aware of that and it passed council. And now on the next page
13
Planning Commission Meeting- August 21,2001
they're back to the original code, ignoring the council action but are removing minimum requirements for
a buildable lot and existing public streets. The reason given is to require administrative subdivisions
recorded in a more timely manner but no word it states this. I think it's baloney. Another reason given is
that the city attorney advised that items 1 and 2 are not subdivisions under State Statute, but it's been in
our code for years. What does it matter what State Statute says if that's just a minimum. We can put
whatever we want on our statutes. This is Chanhassen's prerogative. We can keep this in. If this pass
we'd be giving more authority to our local government administrator with really no cheeks and balances.
What advantages there to the citizens of Chanhassen except that developers might have an easier time.
No minimum requirements of the zoning ordinance and no existing public or private streets, what would
that mean for a developer? What would that mean for existing neighborhoods? Why is this here? I just
say to you be vigilant. Be demanding because we're depending on you to defend us. This is our only
public hearing and in council we're limited to 5 minutes per subject and as a citizen and taxpayer I resent
this time being spent by staff to negate our code which protects our property from being devoured by
government and our neighborhoods changed for the worst. That's all.
Blackowiak: Okay, thank you. Is there anybody else that would like to speak on this item?
Debbie Lloyd: Debbie Lloyd, 7302 Laredo Drive. I think one of the greatest difficulties Of this whole
process is the time involved for review, and I've talked about this before. You know you want citizen
involvement. You as a Planning Commission I think have a tremendous job to review all this material.
Get it Thursday night. You have a weekend. You know really, how much time do you have to dig and
look and we've been looking at a lot of facts and things are not flowing perfectly. We don't want to be
vigilantes as we've been called. We understand here at the city that's our name. That's not what we're
here to do. We just want things to be done right and correctly. It sure would be nice to have an extra
week in the process all the way along. It even came up tonight with the landowners of the fen. The
Paulsen's mailed some information to you. It didn't reach your homes I don't believe in time for you to
review it.
Sacchet: I got mine.
Slagle: I didn't get one.
Debbie Lloyd: I just think there's difficulty in the process. I don't think we're trying to be difficult.
We're just trying to watch out for things because it's obvious to us no one else is really watching. Thank
you.
Blackowiak: Anyone else like to comment? Okay, I'm going to leave the public hearing open. Kate I'll
give you a chance to comment if you have anything you'd like to say. Go ahead.
Aanenson: I have to go through the comments. I guess I didn't understand.
Blackowiak: It's a lot to take in in just a few moments, I certainly understand.
Aanenson: If the Planning Commission wants to take more time, there's no rash on this. That's fine. If
you want to table it, I have no problem with that and go through that. Try to get back to them with their
comments.
Blackowiak: Okay. Then I will close the public hearing and commissioners, do you have comments and
give me some direction. What are you thinking? I'm listening.
14
Planning Commission Meeting- August 21, 2001
Slagle: I will, I'll throw out. I mean the first question that I would have, or would desire to have
answered is, was there verbiage that you requested to be in, I think that's the way this is roprese~tted, or
somehow we wanted to have into a motion or something, that didn't get conveyed to the City Council to
vote on? And it a~ that way so the first question I would have is just how did that happen? I'm
assuming, I'm hoping just an incident oversight and so that would answer. Once that's answered I would
have a pretty good feel as to what I would then want the direction to be. And obviously that's something
we can't find out tonight but that's the thing I would like to ask and that's all
Blackowiak: Okay. Uli, comn~nts7
Sacchet: Yeah a few comments. Fm a little bit at a loss. I mean I always appreciate your input and I did
get your letter by the way from the Paulsen's. And I appreciate ~g that. I think it's a tremendous
help, but I don't think your viewed in a negative way for all your hard work. I think I appreciate your
work. However, the presentation today I had a really hard time corre~ with what's in front of us. I
mean and maybe it's just because I didn't ponder this enough, which is very possible or Fm missing the
point but the way I see what's in front of us here, this first item of public hearing right now is to change
the code that we have a solution for administrative subdivision so that staff acumlly has the leverage to
have these boundaries recorded within a useful amount of time. Which to me seems pretty straight
forward so what Fm wondering is, am I missing something7 And based on Kate's comment, and maybe
it does take some time to address all the comments again. I certainly would need some time to adjust the
cornrn~nts that came up to just first of all find out exactly how to correlate to the particular issue in front
of us.
Blackowialc Kate, would you like to add anything at this point?
Aanenson: We'll respond back in writing. We can walt, that's fine.
Blackowialc Okay. Brace, any comments?
Feilc I was not at the 6-19 meeting so I'm not sure what my comments would, how they would be
productive.
Blackowiak: Yes, I did have a chance to take a look at this. I had two letters from the Paulsen's, so
thank you. That's right, maybe I got your's. And I believe I'm tracking what your point is. In other
words that initial comments Planning Commission msdo. did not get forwarded in their entirety to the
City Council. Changes were probably made by the City Council based on less than the full comments
that were made by the commission, therefore the changes that we're considering tonight may be based on
faulty original material. That's how I'm reading this entire thing.. That it kind of goes back to lune and
things maybe aren't tracking right. And I don't have an answer for that buc
Aaneuson: I could answer it but we're going to, it's he said, she said.
Blackowialc Exactly.
Aanenson: The verbatim minutes are always attached to the staff report. Your comments were
conveyed. The city attorney also gives a recommendation and we'll respond in writing to that and I'd be
happy to table it and put that in writing, but your vote was conveyed and the verbatim minutes are
~n~ched to what your recommendation.
15
Planning Commission Meeting - August 21, 2001
Blackowiak: Right, okay.
Aanenson: The city attorney also makes a recommendation on what the language should be, so.
Blackowiak: So it's very possible then that the city attorney made a recommendation at the council.
Aaaenson: Very possible.
Blackowiak: Used the city, weighed what he said more heavily and used his recommendation as opposed
to the Planning Commission's recommendation.
Al-$aff: That's exactly what happened.
Slagle: Can I ask just one question? When staff provides us with recommendations, as in this case on
the 19~, does the city attorney at that point provide the legal, or his recommendations as to the language
that's to be used because I guess I'd feel a little awkward if what we're voting on in any situation is going
to be then shown to the attorney and then he re-words it. Why wouldn't he do that before we vote?
Aanenson: You're making a recommendation. You can recommend whatever you want to give input to
the council. Ultimately the City Council's going to make a decision based on if they have a question,
advice of the city attorney.
Slagle: I'm with you but since we're going off of your recommendations most of the time of what, you
know I mean we put a lot of weight to that, I'm just wondering why, and maybe the answer is yes, he
does look at them and does tell you what to put in.
Aanenson: Let's back up. We had language in there. You requested a change. Okay the city attorney
reviewed your recommendation for a change so we had language in there that he approved. You
reconm~ended a change. He reviewed your recommendation.
Slagle: Okay. Then I just have a simple question, and this is more just universal again. Could be a
dumb question but do cities have in their planning commissions, I mean do they have attorneys present?
Is that a usual thing or?
Aanenson: No.
Slagle: It's non, okay. Okay.
Blackowiak: Bruce, do you have anything?
Feilc No.
Blaekowialc No, okay.
Sacchet: Yeah, as we were discussing this I looked at this a little more carefully and I do have a
question. It appears to me at first glance that the issue that was brought up by Ms. Paulsen is only
marginally related to actually the motion that' s brought in front of us for a recommendation tonight. I do
think she does have, she has an issue but my question is, with the change that's being proposed by staff,
16
Planning Commission Meeting - August 21, 2001
it's my understanding that we are putting in an extra safeguard to get these administrative subdivisions
actually recorded properly, is that correct Kate?
Aanensom That's the intent.
Sacchet: And are we giving anything away? It seems to me like we're actually trying to fill a loophole
that these subdivisions do not get recorded and staff doesn't have a recourse to get them recorded, which
is a good thing. But are we giving anything away by doing this the way it's worded?
Aanenson: Well that's their opinion and again I'd like to respond to that in writing.
Sacchet:. Because I don't quite see how we're giving something away at this point, based on how I'm
reading it. But I might be missing something. Based on how I see it fight now, I mean I'd be prepared to
pass this onto council with this recommendation and I would think that at the same time in parallel I
would like to look at what the issues are that can be _sddressed that were brought up. That's where I
stand with this.
Blackowiak: Okay, well. I don't know if I've got anything to add but I guess I have a feel from where it
is and I'm looking towards you Kate. You say you want to addresS this in writing. Is it something you'd
like to address before we move this forward or what's your feeling? Do we need to button this down a
little bit better before it goes on? I feel like we're not getting anything done tonight but that's okay.
Some nights are just like that I guess.
Aanenson: I don't know how to answer that. Every time you make an amm~Iment it comes back to
somehow a public street, a subdivision and I want to address that to say specifically what this is doing
and address their questions so if they feel like they're not getting the time at the council.
Sacchet: If I may comment on this? "
Blackowialc Cet~nly, go ahead.
Sacebet: I think staff is looking to us for guidance with that. I think we have to make this deeisiom I
personally would feel comfortable to pass this on to council with the request to staff to address the
concerns that were brought forward in the comments. For this particular one.
Blackowiak: Yeah, I'm just wondering if there is indeed something missing from this Section 18-37. I
think that's the whole crux of the argument. Is something missing from 18-37 as we see it right now7
And I can't track that all date to date to date. That's my whole thing. Because there are certain thinG
that are not, that are struck out and when were they struck out and, I don't know. So I will ask for a
motion.
Sacchet: I'll be bold.
Blackowiak: Be bold Uli.
Sacchet: I do move that, where is it? That the Planning Commission recommends approval of the
arr~ndment to Section 18-37, Exemptions as presented in the staff report with the additional request that
staff research the comments that were brought forth in the public hearing so that those things are straight
and laid out for the consideration of council.
17
Planning Commission Meeting -August 21, 2001
Blackowiak: There's been a motion. Is them a second?
Feik: I was not here for the long discussion you had in June so I'd feel...making a second.
Blackowiak: Well I can't second so it's up to you. You don't want to second this?
Saeehet: Motion doesn't fly, alright.
Blaekowiak: Okay then will you please withdraw your motion.
Saechet: I withdraw my motion.
Blaekowiak: Okay. I'll entertain another motion.
Slagle: Motion to table this. I'll make a motion that we table the proposed Section 18-37, Exemptions
until further information from staff. Further, help me out.
Feik: That works.
Slagle: Okay. Further information from staff.
Blaekowiak: Okay. There's a motion. Is there a second?
Fe~ I'll second.
Slagle moved, Feik seconded that the Planning Commission table action on the amendment to Cit~
Code' Section 18-37, Exemptions until further information is received from staff. All voted in
favor, except Sacchet who opposed, and the motion carried with a vote of 3 to 1.
Blackowiak: And comments.
Sacchet: I would have liked to pass this through.
Blackowiak: Okay. And I would like to make one comment as well. I will direct staff to respond in
writing to the comments made by the Paulsen's and to attach that to our next packet when we see this
again and also I want that attached to council's packet when it goes to council so they have a written
copy of what's been happening this evening so, okay.
PUBLIC HEARING:
CONSIDER AMENDMENTS TO THE CITY CODE TO PERMIT ONLY ONE DRIVEWAY
ACCESS PER LOT.
Sharmin AI-Jaff presented the staff report on this item.
18
Planning Commission Meeting - August 21, 2001
Blackowiak: Okay commissioners, do you have any questions of staff'?
Feik: I've got a few. How often does this issue come up?
Aaneuson: Maybe I could address that too. It's been an issue lately. We've had a proliferation of
people using accessory stmcuims for other uses and the way they can get those is through an additional
driveway. That would curtail some of that. It's caused a lot of problems in some neighborhoods. Some
bad feelings. So that was one of the criteria driving this. The other is as Sharmin indicated, the cross
access agreement was, is a way to subdivide ~. And this would make it a criteria that we have the
ability to review so it would give some level of control for the city to review that.
Feik: This would be applicable to any size residential lot though, whether it's rural residential or
otherwise?
Aanenson: Right. We spent a lot of time trying to exempt what would and wouldn't work. And as I
indicated to you before we have a variance request for a very, very large accessc~ s~ and having a
separate driveway makes it a lot easier. And those sometimes turn into commercial uses. Again those
are big rubs for neighborhood uses. We have quite a few of those that we're working on trying to
elimiuate. So certainly if they want to come to the Planning Commission and say I store my RV or
whatever and it seems appropriate, it works well with the neighborhood, if the lot's large enough. We try
to develop some criteria that says gosh, if it's this big of a lot, it just bec~me too difficult so we felt we'd
leave it up to you as through the process to say, because it's a large enough lot that would work,
depending on how the accessory structure, you got access to it. It seemed to make some sense.
Feik: Okay.
Blacko~ Any other questions right now? No? Rich.
Slagle: Just a quick question. How do we define a utility facility7'
Al4afE We taLked about that earlier. It would be.
Aanenson: A cell tower.
Al-laff: Cell tower.
Slagle: Okay. Water tower.
A1-Jaff: Correct. Lift station.
Aanenson: Sometimes there are large utility boxes. We have some of those too. For example like Sprint
or some of those have those accessed to at the tower locations.
Slagle: So it'd the obvious ones that one would think? There's no way to get around that?
Aanenson: Yeah. It's intended to be a public utility, yeah.
Sla~le: Alright.
19
Planning Commission Meeting - August 21, 2001
Blackowhlc Okay, Uli.
Sacchet: Yeah I've got a few questions. In the cover to this, which is a very brief introduction, the
background, you're talking about landlocked parcels and then the need that it needs a variance for this
second driveway situation. Access, cross access agreement variance. And I understand a little better
how the landlocked picture come in, but the proposed language that you put in front of us for this
ordinance doesn't really state variance per se. That's implied or?
Al-Jar-f: I'll give you a different example. Our ordinance says front yard setback is 30 feet.
Saechet: And then if you want more or less.
A1-Jaff: If you want less. It doesn't say if you want less you have to go before the Planning Commission
to apply for a variance.
Sacchet: That's a given, okay. Okay. Okay, that answers that question. I just want to make sure that we
have this properly correlated. Another similar thing in the introductory paragraph that you're proposing,
it talks about establishing the minimum driveway slope standards. I don't know where I ever looked it
but I don't really see it talking about slope standards in the.
AI-Jaff: h would be the 10% grade.
Sacchee It doesn't say that .... you sort of touched on it already with the numbers we put in there in
terms of how wide can it be, ornarrow. To not exceed 36 feet. Where does the 36 come from?
AMaff: Three car garage.
Sacchet: Three car garage and...
Aanenson: And people parking RV's and boats and that's again code enforcement tends to be an
increasing problem Some people want to pave to get that.
Sacchet: So if they have a 3 car garage they make it full width, that' s basically 36 so that' s where that
comes from?
Aanenson: Yeah.
Sacchet: Okay. And then we're talking about inside the property, like under clause (e) we're talking
about access maximum and then also the inside width. Under clause (f) we don't talk about the inside
limit. They can do whatever.
A1-Jaff: Please keep in mind that you always have to meet the 25% hard surface coverage.
Sacchet: So we count that impervious surface clause would keep that in check?
AI-Jaf-f: Absolutely.
2O
Planning Commission Meeting - August 21, 2001
Saccbet: Okay. That answers that question. Now we're talking about the minimum, or the maximum of
how wide these things can be. We don't feel there is a need to define a minimnm because we figure that
people, if they have a little car and they want a small driveway, I mean we basically trust people have
some common sense. Is that where we're at? Which is good. I mean if we don't trust the people we
might as well close shop. Alright. Could you define turn around? Is that, that probably is Saam
question. Where it says turnaround is required in certain cases. I just want to make sure I understand
what we mean by saying turnaround.
Saanz Sure. Thank you commissioners. Turnaround, acceptable turnaround area for such thin~ as if
you're backing out of your driveway, just an area so you can turn around and pull back out. Similar
situation, access for emergency vehicles. We require sufficient turnaround areas and shared driveways,
things of that nature where a fire truck or something may need to get to more than one lot. So a
turnaround, just an acceptable area where a person doesn't have to back out 100 or 200 foot long
driveway if you're, you know abutting a highway in a rural setting.
Aanenson: Maybe I could add to that too. If you look at the lots on Lake Lucy, they have turnarounds on
the property so they're not backing out onto that collector street. They have shared driveways, they also
have a turn area so they can make that turn movement on the ~ before coming out. That's a
different type of turn. Turn about.
Saam: That's a good point. It's a traffic conce~ too. Like Kate said, you don't want to be backing out
onto a 50 mph collector roadway.
Sacchel: I do understand the rationale; I just wonder how defined we are.
Aan~: Yeah, we have different examples.
Saam: I think we do say in there we'll review it deemed necessary by the city engineer so we'll work
with that.
Sacchec ...basically you'H work with the resident, okay.
Saam: Yep, let them come up with something and we'H review it.
Sacchet:. Okay. That's the questions I have for right now, thank you.
Blackowiak: Okay. I just have a couple questions. As I look through these conditions Sharmin or Kate,
I see that there are a couple that are addressed elsewhere. 10% slope, I mean isn't that already in the
code? I mean aren't there some of these items are in the code?
Aanenson: Yes. Yes.
Blackowiaka And why are we addressing them again?
AIJaff:. h's under a private street and not private individual driveway. And these are standards that we
already implement but we just wanted to...as part of the ordinance.
Blackowiak: So you're saying then in what went before council last month, we talked about private
driveways and private streets.
21
Planning Commission Meeting - August 21, 2001
Al-~laff: The 10% grades that we have in our ordinance.
Blaekowiak: Are only private.
A1-Jaff: I've only been able to find them under private streets.
Saam: They're for driveways also.
Blackowiak: I thought so.
Saam: There is one spot in the code where it says maximum driveway grade is 10%, and that's the only
requirement which it specifies for driveways. We're trying to get all of the driveway requirements in one
spot so you don't have to be flipping through the code, because that's what I have to do. I flag my code
for all these different things. Well it'd be nice to just turn to this and see oh, it's got to be this wide.
That's the maximum. This is the maxinmm slope. You know this is the setback from a comer. We're
trying to get them all in one spot. We should probably strike that one if this is approved, remove the
other one so we don't have redundanee.
Blackowialc Okay, great. Thanks. Next question. We have no minimum driveway width and I know
you just said that if a car wants a smaller driveway, that would be fine. However this just brought me
back to what we said in our work session Kate where there was a house plan that came in without a front
sidewalk because they were right at that 25% impervious. What if we have the same problem where
we've got a house that's at their 25% impervious and they come and say well we're doing a 3 foot wide
driveway to meet our impervious surface. That sounds pretty ridiculous. What can we do to fix that? I
mean I think that there should be some sort of minimum.
Saam: Sure, sure. That's a good point. We could add a minimum. 12 foot wide, that's our standard
lane width. That would be acceptable to me.
Blaekowiak: That would be like a single car garage?
Saam: A single driveway.
Blacknwiak: Okay, a single driveway, 12. I'm just saying that you know...
Aanenson: That's fine, I agree with you. That is a good point. I'm not sure if 12 or 10.
Blaeknwialc And I don't know what the number is but I'm just saying that.
Aanenson: But I think that's a good point, we should put something in.
Blackowiak: And I only thought of it because of what you said before.
Aanenson: But to calculate impervious surface, right. Someone said well I'm only going to do 8 foot.
Most people don't do single ear garages because, but right.
Blackowiak: But I think that we should have some sort of minimum in there.
22
Planning Commission Meeting - August 21, 2001
Aanenson: Or neck it down at that drive.
Blacknwiak: Just a reasonable, you know a reasonable width so that cars can drive on it without going
off the edge. Okay, and my final question has to do with what happens when you have a big landlocked
parcel that you know is going to be subdivided in the future. Okay. We're talking about a single
driveway and a second driveway is a variance. Have we thought that through? Are we comfortable
doing that?
Aanenson: Yes.
Blackowialc And what would ha~ to that larger parcel that eventually will be subdivided? It would
just have to come in through, tell me the process. What would happen7
Slagle: Isn't there one over by Westwood perhaps? That's going to be landlocked.
Blackowiak: Well I think the parcel you're talking about.
Slagle: I thought there was one that was going to.
Blackowiak: Not landlocked but.
Aanenson: It has access onto a street.
Blackowiak: He has access but he wants the church to, fight.
Saam: Addressing your question M~a_sm Commissioner, if you have one single parcel say in a ~al
setting fight now and your question is alluding to well what happens when this develops? Is that correct?
Blackowiak: Correct, yes.
Saam: Where you'll need multiple driveways. Well we'll require platting at that point so we'll have
separate lots. Multiple lots all with their individual driveway access. We'll have interior streets. Is that
getting to your.
Feik: Assuming they can get there. You could have wetlands. You could have other issues that you
could not access a large lot behind an existing rural residential.
Saam: Okay, yeah. I'm following you. So then we wouldn't have a plat, right? So we wouldn't have
another lot. So you can't subdivide.
Feik: Well you would have another lot. What you do is there'd be no access potentially other than going
up this existing driveway.
Aanenson: Right, and that's a variance criteria which we want to control.
Feik: Is the minimum length on this private street, driveway...
Aanenson: For one home, no.
23
Planning Commission Meeting - August 21, 2001
Feik: A minimum length. So could they in your example you show.
Aanenson: On length. Your house has to be set 30 feet from the street.
Feik: What I'm saying is in your example where you show the private sta~et here, is there a minimum
length of that street from the time it leaves the curb to the point where it can break off. Could it break off
within $ feet of the curb there? I mean where does, how long does this private street need to be?
Saam: Edge of the right-of-way. We'd want it to the edge of the right-of-way and then they can break it
off.
Feik: So they could break it off immediately once they get through the right-of-way easement?
Feik: So it doesn't need to be.
Saam: Provided there's sufficient turnaround, again like I spoke of before. That's something we'd look
aL
Blackowiak: Comfortable?
Feilc No. But that's okay.
Blackowiak: Alright tell you what, I'll open this up for a public hearing and we'll have time to comment
later. This item is open for a public hearing so if anybody .would like to comment on this issue please
step to the podium, state your name and address for the record.
Jerry Paulsen: Jerry Paulsen, 7305 Laredo Drive. We take tums. I'd like to question item (b). We're
talking about a vertical profile of our driveway not exceeding 10%. As Matt brought up, a driveway
can't exceed 10%. When I brought a plat up to Teresa here months ago, I said does this driveway now
exceed 10% and she took the ruler and measured that much and she said yes. Is a vertical profile 150 feet
of driveway and it can have 20% up here and 5% down here? Or is this ambiguous by saying, using the
term vertical profile as opposed to just saying the driveway can't exceed that 10%. I guess that's just a
question. It seems kind of strange to put this under, this whole thing about driveways under parking and
loading. It's kind of a hidden way back. More proper might be addressed under streets and so forth I
think. Thank you.
Blacknwiak: Thank you.
Janet Paulsen: Janet Paulsen, 7305 Laredo Drive. As Jerry said, I think it's placed in the wrong spot in
code. Private driveways have always been in 18-57 so why in parking and loading? Private driveway
easement does provide access but it serves the same purpose as a street and has nothing to do with
parking and loading. We're not really talking just about a driveway. We're talking about a driveway
easement. It serves the same purpose as a private street. It's a duplication. So why do we need a
duplication? It has less roles on it, has less width. That's why you can cram more into a smaller space.
It's a danger to my neighborhood and I object. Second amendment proposed makes no mention of a
variance. When you talked about private streets, you made sure that the word variance was put in there.
It should be put in there. That's the only way we can be sure. There are no stated minimums. When we
24
Planning Commission Meeting - August 21, 2001
had the private driveway ordinance before 1990 and it changed again in '94, they had a ~
easement of 30 feet and it had on the common section of it, it had to be 20 feet wide. Nothing's said
about that in this. And of course they finally addressed the setback. But again a private driveway allows
a street to be going, essentially a street to be going pretty close to a person's house. If it's a 10 foot
setback that'd be 20 feet from your bedroom window. So why are we lowering the standards? This issue
was almost discussed at the City Council meeting because I brought it up and I just wanted to show you.
The planning department really didn't want to address private driveway easements at this meeting, as you
can see. But they almost discussed except that Roger interfered. He changed the subject to just talk
about a plain driveway. That's not what we're talking about. I think it's really i ,mportant to make the
distinction. Reminds me of a movie video we saw recently called The Practice and it said lawyers never
lie, they just use the truth judiciously to totally confuse. Well that's what I think was done. I think you
should forbid private driveway easements. You've got private streets to provide an access to a
landlocked lot. It has to be in a 30 foot easement and that protects ~y neighbors. They crowd
private drive easements would crowd, and in 20 years they deteriorate and who's going to keep them up?
It's going to be a big mess in Chanhassen. A bad infras~. A private street serves the same
purpose, and by the way Lake Minnetonka, or l~qinnetonka forbids private streets but they do have private
driveway easements and they make the stipulation. You have to have 25 feet all around in order to put a
home in there. We're ending up with a home 10 feet from our, it will be their back yard. 10 feet from
our property line becau~ of what happened with the Igel thing. I object to private driveways.
Blackowiak: Thank you.
Debbie Lloyd: Debbie Lloyd, 7302 Laredo Drive. I can't tell if you can still see this.
Blackowhlc I see Matt. Oh, yep we can.
Debbie Lloyd: When Sharmin pointed this out she pointed out, I mean this is essentially what we've
talked about as a flag lot. And she called this the cross access easement. But essentially this driveway,
as we're calling it tonight I guess, from the private street to thi~ landlocked parcel, that is also a cross
access easement. And that's what I tried so hard to point out at City Council and I think Rich, you might
have gotten that. This is a cross access easement. The other thing about a driveway 5 feet from a
property line. I just kind of drove around. I thought 5 feet from a pwpex~ line. Where can I find that? I
don't see that anywhere. Most people's driveways come offthe street into their garages. Their smactt~
has a setback. It's not 5 feet. I appreciate that we're trying to clarify some of this but again I think more
work needs to be done and I ask you to look at this with a fine tooth comb. Thank you.
Blackowiak: Thank you. Come on up. We're not limi~ you to 5 minutes.
Debbie Lloyd: I forgot one thing. 5 feet from a pmtmrty line. We talk about tree i ,mpacts. Well a tree
impact zone I believe, correct me if I'm wrong, these numbers are starting to fade. I think the i .mpact
zone on a tree is about 20 feet.
Aanenson: It depends on the tree.
Debbie Lloyd: Okay. But if you put a driveway 5 feet from a ~ line, you're not affecting just
your property. You are affecting the property next to you. You're affecting their tree line, and that was
another environmental point I want to make. Thanks.
Planning Commission Meeting - August 21, 2001
Blackowiak: Okay, thank you. Unless there are any more comrn~nts, I will close the public hearing.
Staff, I'm just going to give you a chance to make any comments or clear up anything you'd like to right
now before we commissioners make our comments.
Aan~nson: No comment.
Blackowialc Okay. Matt?
Saam: I've got one. The driveway slope. I think, well Mr. Paulsen spoke to it I believe. Yeah, the way
it's worded there in (b), we could change that. The driveway grade maybe shall not exceed 10%
maximum slope. We're just talking about the vertical rise. If that was confusing to anybody.
Feilc At any point or over the.
Saam: No, that's overall. 10% max anywhere. It can't go 20% you know for 5 feet and then.
Slagle: From beginning to end.
Feilc Right.
Saarn: 10% max anywhere. I guess we look at the contours between each one and make sure it's not
10%.
Sacchet: Basically no portion of the driveway will have more than 10%.
Saarm Correct. I guess unless you have any specific questions for me, they spoke.about a lot of stuff
but the driveway grade was the main one that I wrote down. Setback issue. Sharmin and I talked about
it. From an engineering standpoint our only concern was our easement. And the way we looked at it
was, well we pave our streets and we have utilities under there so we would allow them to pave over an
easement. If we have to go in there it will be tipped up but, so that was, and from an engineer standpoint,
that was our issue with the setback. I really don't have any issue with it.
Blackowiak: Thank you. Okay, commissioners. Time for comments.
Feilc I've got a few.
Blackowialc Go right ahead.
Feik: As long as you're up, by the way, is there currently a minimum length.that a driveway needs to be
paved?
Saam: A minimum length?
Feik: I mean you've got in your item (c) you've got in areas outside the MUSA they must be 100 feet.
What is the background of that?
Saarm We looked, we got information from a lot of different cities for this. About 10 different cities.
Neighboring towns around the Minnesota River Valley. The 100 feet number, that could be decreased.
Our point is, we don't want to have gravel driveways that could wash out into a drainage ditch and cause
26
Planning Commission Meeting- August 21, 2001
erosion problems. Plug up culverts, that sort of thing. So that's why we're seeing outside of the MUSA
where typically that's an agricultmal setting, we'd like to see the first 100 feet off the roadway paved to
minimize that washing out of the gravel, dirt, that sort of thing. I could go, if we want to minimiTe that,
we could go with the edge of the fight-of-way. It's got to be paved to the edge of the fight-of-way at
least.
Feik: Thank you. Continuing my comments. As it relates to locating this in the parking and loading
space section. That's up to staff if they can manage it there, that's where it needs to be. I don't have any
concern with where this is located. I do have a concern with how this will be enforced in a rural
residential area wherein someone might have bought a nm~her of acres years ago. At this point would
like to subdivide their 10 acres or whatever they've got left and would like to get some additional access
to the areas in the back without giving up their frontage or that may be constrained by wetlands or trees
or other things. So I had a concern how this would be construed in the rural residential areas. I'm not
sure it's really appropriate.
Aanenson: Okay, can I address that? This is going in Chapter 20 because it's the standards for existing
lots. This is checked when someone comes in for a building permit, this is where you check to make sure
that the driveway's in the right spot. If someone's subdividing, that's Chapter 18. Those are the
different standards.
Feilc So this wouldn't be applicable to someone with a 10 acre lot that
Aanenson: If they're going to put 1 house on there, yeah.
Feilc Well no, he's got 1 house on the front 2 ½ acres.
Aanenson: Then he goes through a subdivision, that's a different process.
Feik: And he will be able to do a cross easement to get to the back?
Aanenson: He would still need a variance if he needs a cross.
Feiic But via a variance he could get a cross easement to get to the back.
Aanenson: Correct. Correct. That's what this would require, yep.
Feilc Okay. Then in that case, thank you for addressing that. I guess I do agree with one of the
commenters that said, in a more urban area 5 foot setback on the side of a lot, considering we I think; the
setback of a home is fairly short on the side.
Aanenson: The problem with that is, that's where most people park their boats and their RV's.
Feik: I understand.
Aanenson: And when you have a 10 foot side yard setback, that's where we prefer that they be is on the
side,
Feilc Could we require screening though? Could we require them to put a fence up? If they're going to
put this street in, or driveway or whatever anybody wants to call it, and I am a homeowner and my
27
Pla~ning Commission M~ting - August 21, 2001
neighbor wants to do this and I do not have, I'm not benefiting from this at all other than I'm going to
have a driveway 5 feet from my shrub line and my swing set in the back yard, could we require them to
put a fence up along?
Aanenson: You're saying if someone wants to go closer than 5 feet to put their camper.
Feik: No, at 5 feet. You've got 5 feet in there, right?
Aanenson: No, we took that out.
Feik: So what is the?
Aanenson: There is none. There is none fight now. There are situations where people have side loaded
garage that back right close to the property line. Within 3 feet, 5 feet on side loaded garages. Or people
that park their campers or.
Feik: I guess I'm more interested in addressing it in that if we were doing this to approve, in your
example of another dwelling in the back, that I don't think it would be unreasonable to require, to
develop some sort of a fencing screen.
Aanenson: Right, and that would require a variance. When. they come in for a variance you can attach
whatever condition you deem reasonable to mitigate that impact. That would be one...
Feik.. So this really has nothing to do with the flag lots anymore then?
Aanenson: No.
Feilc Never mind.
Blackowialc Yeah I was going to say, this is not. This picture back here, I guess refer to the upper left
hand comer lot, that is not a flag lot.
Feik: It's confusing.
Blackowiak: It is a landlocked parcel with a cross access agreement. Flag lot would actually own...
Feilc But we're splitting hairs here as it relates to the neighbor who's next to this sees no difference
between a landlocked lot and a flag lot.
Blackowiak: Right.
Feik: In their minds it's the same thing.
Aanenson: Right, and that's why we're adding the thing that would be require the variance to meet that.
So then you could attach, put a condition in. If you wanted landscaping or fencing, whatever. Or greater
setback.
Feik: Okay, thank you.
28
Planning Commission Meeting- August 21, 2001
Blackowiak: Okay, Rich.
Slagle: I have to say this. I'm getting really confused. And it's getting to the point where, how should I
say this. I really want to ask for help on this. And let me preface it by saying, you guys do an awesome
job. Day in and day out, you know that I feel this way. These folks back here who I don't know other
than seeing them here, seem to have good point. Seem to have a passion about this area, and I COmrrL~d
them for that. I get frustrated when I see comments being made by some of us, the staff, other guests and
then in the back shaking their head no, like it can't, it's not in there. It can't be, whatever. I'm just
wondering is it, you know just an observer sort of, how can two groups have such different ideas about
what is being said. So my request is this, can you guys get together and talk about these things7 Get
Roger involved if there's questions about his inh~amtafions of what you think it should say or you guys
think it should say, and I only would ask this in this case because these folks are here all the time. If it
was just someone who came offthe street and threw out a comment, I woUldn't say it. But I just don't
want to be listening to a lot of this an~, just because I'm getting confused. Every day.
Aaneuson: In every code amendment I guess we coUld deliberate with them.
Slagle: Well as an example, Roger in the notes throws out well woUldn't you, we wouldn't want
everyone to go through the process of getting I hope a variance for every single family driveway in town.
It seems to me a very good point. Yeah, I mean but I'm just wondering fxom your point, does that make
sense? I mean is that a laborious, bureaucratic thing.
Al-Jaff: That is exactly what we're talking about.
Slagle: Okay, then what's wrong with that? You know I want to be like this mediator but what's wrong
with that comment which seems to make sense?
Al4aff: We're talking about individual driveways. One person, using that one driveway accessing their
home off of the street.
Slagle: Correct, and are you asking, if I can interject, you're asking, or suggesting we put a variance
clause in there to protect the citizens.
Aanenson: So people can't put 2 driveways on 1 lot without a variance.
Slagle: Is that okay?
Aanenson: That's what we're trying to prevent.
Saarn: IfI could add something Commissioner Slagle. We do have design criteria for private streets or
driveways, whatever the. I'm sorry, whatever the correct verbiage is. We already have that. So this is,
as Sharmin said, separate.
Slagle: Okay. Then I'll just once again reiterate my request. Can there be some convening of a sit down
session with the Paulsen's and Ms. Lloyd, just to address these as a courtesy to our citizens who are our
clients, and just let's hopefully be done with what I consider to be some gaps in interpretation of what's
going on. Is that fair Madam Chair to ask?
Blackowiak: You can ask anything you like.
29
Planning Commission Meeting - August 21, 2001
Slagle: Okay. I'mdone.
Blackowiak: lJli, comments?
Sacchet: Yeah, I have comments. Well first of all I do want to again thank our permanent guests as we
call them for all their support in our work and unlike with the previous item that was before us where I
said I had a little hard time correlating it, I do believe that, and I got the letter that relates this item. I
didn't get the letter for the previous item from you and I do think your points relate very much to this
item. And I think they should be looked at and put into the context. On the other hand, it really, I have
to say that too, I sincerely regret to feel like there is some sort of an antagonism a little...
(Taping of the Planning Commission meeting ended at this point in the discussion.)
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
30
CHANHASSF. N PLANNING COMMISSION
REGULAR M~.~G
Chairwoman Blackowiak called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Rich Slagle,, Alison Blackowiak, Craig .Claybaugh, Deb Kind and Uli Saccbet
I~-~[BER~ ABSENT: LILAnn Sidney and Bruce Feik
(~TY COIr~NCIL LIAISON PRESENT: Mayor Linda Jansen
~I'AFF PRE~ENT: Bob Generous, Senior Plann~, lulie Hoium, Planner I and Matt Saam, Project
PUBLIC PRESENT FOR ALT. ITEM_~:
Janet & Jerry Paulsen 7305 Laredo Drive
Deb Lloyd 7302 Laredo Drive
(Due to the poor quality of the audio portion of the meeting, discussion in the minutes is not complete.)
PUBLIC FW.&RING:
COI~IDER ~ REQUEST FOR A CONDITIONAL USE PG:R_MIT FOR DEVELOPMENT
V,'ITHIN THE BLUFF CIt~:~.K OVERLAY DISTRIt:I' AND yARIANCI~-~ TO AT.TOW
CON~'rRU~ON OF A 1~640 SQ. lei'. GARAGF./I~T.I~. BARN ON PROPI~TY ZONq/r~
,GgIC _,T 'RAL IOC T n ,01 AT I)TOBON ROAn, __ IC Truism,-
ROSeoLa.
Julie Hoium presented the staff report on this item.
Blackowialc Commissioners, any questions of staff?
Sachet: Yeah, I have a few quick quesfi~. They really only have to meet 75% requirement and so the
variance is that small variance...
Hoiunc If they met 75%...
Sacchet: Okay. Then in the one condition about the possibility of locating and establishing an alternate
on-site sewage treaUmnt, what other sewage treatment...
Hoium: The applicant might be better able to Aadress that
Sacchet: I can ask the applicant then. And then the last question, in the letter from the applicant there
was an item that says this is a setback variance request for 5 foot setback. Did you determine that was
not necessary or what happened to that?
Hoium: What happened was, and I don't know if I, originally the applicant proposed a separate
We worked with him so that he would meet all of the setback...
Planning Commission Meeting - September 4, 2001
Sacchet: ...okay, that answered my questions. Thank you.
Kind: Yes Madam Chair. Typically...do you have those numbers?
Hoium: Yes .... currently the lot coverage is... With this proposed structure it's...
Kind: Thank youJ
Blackowiak: Would the applicant or their designee like to make a presentation? If so, please come
forward and state your name and address for the record.
Eric Theship-Rosales: My name is Eric Theship-Rosales, 9201 Audubon Road. If you have any
questions I'll be happy to answer them. The question about sewage on the site. The portion of the lotl..
Sacchet: In the conditions...possibility of locating and establishing an alternate on-site sewage trea~t
site. What's your feelings about that?
Eric Theship-Rosales: I don't really understand that.
Sacchet: Maybe... The other question is...
Blackowiak: This item is open for a public hearing. So if anybody would like to speak to this issue,
please come to the microphone and state your name and address for the record. Seeing no one, I will
close the public heating. Commissioners, any comments? Uli?
Sacchet: Yeah, real quick. I have so many... My comments. I think it's very. Straight forward and I
think it's a sizeable...
Bla~kowiak: Commm~ts?
I~d: I agree w~th Ull. I went and looked a~ the site today and there is a very large... At first I was
concerned ~bou~ the s~ of the structure...I ~nk it will ~mprove the site...andI support the applicant's
Blac~ Okay. Anything else to add7
Claybaugh: No.
Blac~ No7 Okay. And I don't have m~ch else to add. ~'ust th~ I do th~n~...it's a reasonable use
of this property and as long as the applicant undemmnds the prohibi~on on any type of home business, I
think we're clear on th~s so w~th that, would anyone like to make a motion7
Kind: Madam Chak I'll move the Planning Commission reco~nds approval of conditional Use permit
#2001-~ to pern~t consm~ct~on of a 1,5~ square foot gamgefpole barn subject to the following
conditions f through n.
Blackowiak: Okay, there's been a motion. Is there a second7
Planning Commission Meeting - September 4, 2001
Sacchet: I second that. May I make a friendly amen~t?
What's currently there as (i), add silt fence along the north side of the proposed garage during
construction and remove it a_f~.
Kind: I'll accept that amendment.
Kind moved, Sacchet seconded that the Planning ComminMon recommezlds approval of
Conditional Use Permit f2001-5 to permit construction of a 1,640 sqnnre foot garage/pole barn,
subject to the following conditions:
.
Show the loca6ion of the proposed driveway access to the garage. Also, show the proposed
driveway grade.
2. Show the proposed floor elevation of the new portion of the ~.
3. Show all existing and proposed contour elevations.
.
Add silt fence along the north side of the proposed garage during construction and removal
the silt fence after construction.
There shall be no grading past the top of the bluff line as shown on the survey dated July 26,
2001.
.
The applicant must contact the Inspections Division to discuss the poss~ility of locating and
establishing an alteemate on-site sewage treatment site. This site as well as the existing site must
be protected from damage during the construction of the building.
7. A building permit must be obtained before be~nning comm~om
.
The proposed garage/pole barn may not be used to conduct any home occupation as subject to
Sec. 20-977 of the ordinance.
All voted in favor and the motion carried unanimouMy 5 to 0.
Kind: Madam Chair I'll move the second motion here. I move the Planning Commigsion reco~
approval of the 3,654 square foot variance from the 2 ½ minimum lot area for the construction of a 1,640
square foot garagedpole barn based on the findings of fact.
Blackowialc There's a motion. Is there a second7
Sacchet: I'll second that.
Kind moved, Sacchet seconded that the Planning ComminMon recommends approval of the 3,654
square foot variance from the 2 V2 acre minimum lot area for the construction of a 1,640 square
foot garage/pole barn based on the findings of fact. All voted in favor and the motion carried
.nnntmously 5 to 0.
Plarning Commission Meeting - September 4, 2001
PUBLIC HEARING:
CONSIDER THE REQUEST FOR AN INTERIM USE PERMIT AND CQNDITIQNAL U~E
PERMIT TO GRADE PROPERTY IN THE BLUFF CREEK OVERLAY DISTRICT WITHIN
ARBORETUM BUSINESS PARK~ LOCATED IN THE $0UTI-W. AST QUADRANT OF TH 41
AND TH 5~ STEINER DEVELOPMENT INC.
Bob Generous presented the staff report on this item.
Blackowiak: Thank you. Commissioners, any questions of staff2
Kind: Yes Madam Chair, I have a couple questions. On the...I noticed there's no time limit on
that... 10-20 years...
Generous: ...valuable piece of property and it costs the developer money just to leave that for holding
dirt. They have an incentive when Highway 5 is completed to sell the property. And this is one that we
really want to have a more corporate type...put in them. Plus there's additional design standards that are
built into the PUD.
Kind: ...and I understand this is only 5 feet high so it's not a mountain...was quite a bit of dirt...visual
impact if it stays a long time or2
Saanr I can add some to that Madam Chair, commissioners. You'll see it from Highway 5. It's not like
it's going to be over towering. I think the top of the berm...will be even with the road. We require it to
be seeded, vegetated, a silt fence put up so erosion won't occur. Once the vegetation is established, we
don't see a problem with it. And ifI could just say, I don't believe there's any ordimmce in town
prohibiting people from, once they obtain a grading permit for stockpiling dirt for however long they
want to so I don't have a problem with putting it in here.
Kind: Once you grant this, could they make the stockpile bigger than it was...
Saam: Conceivably they could. They would have to provide us with a revised plan for review and
approval and I guess I have to check with Roger, the City Attorney to see if that would have to come back
then to Planning Commission and City Council on that. I'm not sure.
Kind: ...the other question I had is regarding the haul route. Do we have any more information about
where that would be?
Saam: No, I haven't. I was on vacation for a week. I haven't talked with Fred since the staff report
came out so I'm hoping he'll say something tonight or in the near future.
· Kind: My concern is that if it is along a residential area, the operating time til 6:00 p.m .... at 7:00 a.m. is
of some concern to me.
Saam: I would assume, and again I haven't talked with them. I would assume they'd be using the
Century Boulevard and maybe come out 5 or 82"a Street. Something like that. That's something that we
would review once they provide us with a haul route to see where is he coming from. Will he be going
through a neighborhood or not and there isn't any residential right near the site so.
Planning Commission Meeting - September 4, 2001
Kind: Typically if they do go along residential areas...
Saam: City ordinance fight now is 7:00 to 6:00. What's provided in the staff report so Fm not sure of
the legality. I guess we could go a ~...from that
Kind: Very good, thank you.
Blackowiak: Any questions for tim applicant?
Slaglm Not right now.
Sacchet: Yeah... First of all I want to clarify where the boundary of the Bluff Creek W~ Is that
that big dash line?
Generous: On the plan, that black dash line is the wetland edge. What we're showing is the buffer
requirement 10 feet beyond that. It gives you the primary zone boundary...and that inclnd_e~ the primary
zone boundary and then all the setbacks are established from there.
SaccbeC And then you...
Generous: Yes, under the Bluff Creek...the first 20 feet of the 40 foot required building setback is a no
cut zone. In essence...buffer yard.
Sacchet: So that buffer would go fxom the back line...
Generous: The 20 foot would be from 10 feet in.
Sacchet: From 10 feet in. So we don't have...And in the staff repor~ it says, it doesn't really do...
northwest quadrant, the...Ouflot C. That's not at all true for the lot...to the east, correct?
Sacchet: Do we have a...does the same hold true for the lot on the south...? There are uees there...
Generous: Correct.
Sacchec But we don't know how many...
Generous: As part of the...area wide review that was.done originally.
Sacchet: The PUD?
Generous: Yes. Under the...approval.
Sacchet: In terms of the Bluff Creek overlay, does that allow that much...
Generous: I don't know that it specifically addresses that under the ordinance. The PUD knew that that
site would...They are maintaining a 3 to 1 slope which is what our ordinance permits. We're doing what
we can to mitigate the potential for erosion on that...
Planning Commission Meeting - September 4, 2001
Sacchet: The original PUD envisioned the...
Generous: They looked at flattening this area.
Sacchet: Just by looking at this, without looking in real detail, it looks like the northwest...
Generous: In comparison, if you look at this plan and...
Sacchet: Okay. Then I have another couple questions real quick. Then' s kind of a dip just west of
Century Boulevard on the west side when the elevation goes down to... That's not a wetland.. ~?
Saam: Commissioners, I spoke with our Water ResourCes Coordinator, Lori Haak on that subject. She
had said no, that isn't. We looked at it because the City is currently upgrading Century Boulevard from
then and just north of the Lot 4 up to Highway 5. So no.
Sacchet: At best it would be a very degraded wetland.
Saam: Exactly.
Sacchet: I was curious when we had that.
Saam: The only reason it's holding water is because this road bed was filled in.
Sacchet: So that created the berm7
Saam: Yes.
Sacchet: ...That lot on the south that a lot of dirt comes from, it has proposed filling elevation of 990
feet, which is 5 foot lower than the Arboretum... It seems like the way the terrain goes it's actually
higher...
The elevations, I can't nad the elevations on the plan. The elevation goes straight through the buffer...
Saam: That's 1,000 right there.
Sacchet: ...so basically we have...this water tower because we're putting that...
Generous: All the pines on the west side will be...
Sacchet: Yeah, they're kind of between when the buffer...water tower, okay.
Blackowiak: I just have a quick question.. Let me go to my map. One of the conditions has to do with a
silt fence on the north, south and east sides. Why not the west?-What's the rationale?
Saam: Yeah, it refers to the stockpile area and Ouflot C, west of Century Boulevard because west of the
stockpile is rising in elevation. So typically you put silt fence where the dirt can fall off the cliff so to
speak. Not on rising hill. It basically won't go anywhere to the west. It will only fall off the north, south
and east.
Planning Commission Meeting - September 4, 2001
Blackowiak: Okay, so they're going to flatten the area out underneath it...?
Saam: Yeah, it will be fled into those elevations so it will be.
Blackowiak: So what will be the highest point that we see? Will we see roughly 995 on this? What can
we expect to see?
Saam: Maybe the applicant can add something but I would say roughly 991-990. I don't thinlc it's going
to be 5 feet higher than the lowest point there, which is 992.
Blackowiak Alright. I just thought...
Saam: We'll have to do a little grading there to fie into the existing land, yeah.
Blackowiak: ...we're going to do all that, okay.
Saam: And we will be having them revise this to show in a little more detail how that's going to work.
Blaekowialc Alright, thank you. Alrighty. Well, would the applicant or their designee like to make a
presentation? If so, please come to the podium and state your name and address for the record.
Fred Richter: Fred Ricer with Steiner Development. I think I'll just make a little clarific~on...why
we're...this interim grading permit. Going back to our 1997 PUD, we had always anticipateA the grs_de~s
out here... We've had three phases already of grading and as we're .marketing two of the subject
properties, either side of Century, negotiating for the boundaries that with the buyers there's more final
site plan review and platting beyond the future. There's quite a bit of compaction to get up to what we
call the rough grade before we put a building on it. Therefore we're really asking the flexibility to kind
of close out the development with the exception of setting the final grade on the large corner lot... So our
objective is to implement our final, or our next to final grading plan. In fact we may have both site plan
review projects come in on what I'll call on the east side, there might be two separate parcels created
here... One of the other facets driving this request is the excess dirt coming off of...
Sacchet: ...so a lot of dirt would go in the lot...Century Boulevard to the west because...And then some
of the extra...
Fred Richter:. Because we can't, there's technical ramifications. You can't place compactable dirt on
soil that hasn't been corrected. It has to be demucked and...bring the soils into compacted...
Sacchet: And then that pile you would use...east of Century, you're taking...
Fred Richter. Yeah, not quite 22. The highest point here is 988...
Sacchet: So on the east side of Century Boulevard you pretty much use the dirt and you take it off the
Slagle: I have just a quick question. Regarding the route...
Fred Richter. That site is right up in here and they will either come out on 5 and go down the
highway...like that or they'll have to go through their service station and come down 82~...
Planning Commission Meeting - September 4, 2001
Slagle: So do you see it going on 417
Fred Richter: No...
Blaekowiak: Any other questions for the applicant?
Claybaugh: ...how close is...
Fred Richter: ...this one will...
Kind: Madam Chair, a question about the auto service center next to Citgo. If I remember fight, we
talked about some of those mature trees being spaded out and moved.
Fred Richter: That's all, we don't have a plan on that particular...we saved that mature line of ash on the
north and then we saved a number of those mature pines...
Blaekowiak: Alright, this item is open for a public hearing so if anybody would like to come up to the
microphone and make comments, please do so at this time. Seeing no one I will close the public hearing.
Commissioners, if you have any comments, now is the time. Rich, any comments7
Slagle: ...question, just concerned about the route. I think otherwise it's...certainly the folks on 5 and
41 who travel that. I'm sure they've had their fill...
Blaekowiak: Uli, comments?
Saeehet: I think what the applicant's trying to do on the west side of Century Boulevard makes good
sense. I don't have a problem with stockpiling of dirt...what's happening on the east side of Century
Boulevard...that I really have a problem with...with such a steep slope, so close to a sensitive area like
Bluff Creek...findings for, that are required for this application, there are out of the 12 findings, there are
4, $ and 6 that I have questions based on... I do think that this...I have not been able to research the...
That this type of slope, this type of an impaet...I really think that if something happens...Bluff Creek
Overlay and I do think it will essentially change the character of that area. I do believe that...and I do
think that the proposed use is disruptive in that sense...natural features... It is aesthetically not
compatible with the area so my question is, I mean if we find that one...one of those findings...and
therefore I will not be approving approval for the...while I'd be perfectly happy to recommend approval
of the west side.
Blackowiak: Okay, Deb.
Kind: I guess before I make my comments I'd like to ask for some clarification. This whole PUD
was...before the Bluff Creek Overlay District, is that right?
Generous: That's correct.
Kind: And therefore some of those things that Uli's talking about...PUD?
Generous: Yes. We're working on compromising... We tried to accommodate those things. Their
expectations were...
Planning Commission Meeting - September 4, 2001
Kind: ...that' s basically what would be asked when...with that I would say that I do support staff' s
recommend~_tlon and I think that this is a good idea because...
Blackowiak: Okay...
Claybaugh: ...
Blackowiak: Thank you. And I just have a couple comments. Haul mute seems to be an issue. I would
certainly favor keeping the trucks'off of 41 and 5. Given the congirocfion that;'s'happe~ing on 5 right
now .... certainly in favor of having any hauling go through the existing. ' My other comment has to do
with the amount of fill and...so with that I would like to have a motion please.
Slagle: ...can I ask... More importantly, after listening to Uli...was there compmmi~ in that eastern
Slagle: Okay. I just...there was compromi~ and.
Generous: The City worked hard to...we have all of Outlot A and B as... Additionally, when that comes
in to plat, that lot, they're going to have to put the trail connection from Coulter Boulevard and Century,
all the way over to the Autumn Ridge development so...
Blackowiak: I need a motion.
Kind: Madam Chair I move the Planning Commi.~sion rec~d~ approval of Interim Use Permit
g2001-1 to grade a portion of the development and Conditional Use Permit g2001-8 to permit
development within the Bluff Creek Overlay District subject to the following conditions 1 through 12
with the following changes and additions. Number 9, I'd like to add a sentence that says the silt fence
shall be removed upon completion of the project Number 13. Stockpile shall not exceed 11,000 cubic
yards. Number 14. The applicant is encouraged to use a haul route staying within Arboretum Business
Park, avoiding Highway 41 and Highway 5.
Blackowiak: There's been a motion. Is there a second?
Slagle: Second.
Blackowialc It's been moved and seconded. Is there any discussion7
Sacchet: Point of clarification...
Blackowiak: ...possibly to offer an amendment to specify the.
Sacchet: ...Outlot D. Nowhere on the map do I see Outlot D. I assume that's the lot called...
Blackowlalc That's 1.
Generous: Lot 1.
Planning Commission Meeting - September 4, 2001
Sacchet: Lot 1, Block 3. So should we call it Lot 1, Block 3 then?
Blaekowialc ...point of clarification... The fact that LOt 1, Block 3 is known as Outlot D...
Kind: ... 13 to say stockpile shall not exceed 11,000 cubic yards or the elevation of 997.
Blackowiak: So there's a motion, a second. We've discussed it here...
Kind moved, Slagle seconded that the Planning Commis~ion recommends approval of Interim Use
Permit g2001-1 to grade a portion of the development and Conditional Use Permit g2001-8 to
permit development within the'Bluff Creek Overlay District subject to the following conditions:
The applicant shall provide the City with a cash escrow or letter of credit in the amount of $5,000
to guarantee erosion control measures and site restoration and compliance with the interim use
permit.
2. The applicant shall obtain a Watershed District permit.
3. The applicant must provide a proposed haul route for review and approval.
Type I silt fence must be added around the outer fill limits on the north, south and east sides of
the stockpile.
.
All disturbed areas as a result of construction will be required to be reseeded and mulched within
two weeks of site grading.
J
The applicant shall pay for the City an administration fee of $331 prior to the City signing the
permit.
.
The existing building and outbuildings and any septic system or wells on Ouflot D, Arboretum
Business Park, shall be abandoned in accordance with City and/or State codes.
An erosion control blanket shall be installed on the faces of the south and east slopes on Outlot
D, Arboretum Business Park.
.
Silt fence shall be provided adjacent to all areas to be preserved as wetland buffer. The slit fence
shall be removed upon completion of the project.
10.
A ten-foot wide wetland buffer shall be preserved around the wetland basin. Existing vegetation
within the wetland buffer shall be left undisturbed unless otherwise approved.
11.
Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff
before construction begins and shall pay the City $20 per sign.
12.
The grading plan shall be revised so that no grading is proposed within 20 feet of the primary
corridor.
10
Planning Commission Meeting - September 4, 2001
13. Stockpile shall not exceed 11,000 cubic yards or an elevation of 997.
14. The applicant is encouraged to use a haul route staying within Arboretum Business Park,
avoiding Highway 41 and Highway 5.
All voted in favor, except Sacchet who opposed, and the motion carried with a vote of 4 to 1.
Blackowialc And comments as stated earlier?
Sacchet: ...that the east side is...
PUBLIC HEARING:
CONSIDER ~ REQUEST FOR A CONDITIONAL USE PERMIT FOR A DRIVE TNROUGH
WINDOW AND ~IITE PLAN REyIEW FOR A 4,768 SQUARE FOOT CULt'S
RF~TAURANT AT 450 POND PROMENADFn LOT 1~ BLOCK 1~ VILI.AGE~ ON ~ PONDS
2m~ ADDITION~ WAYNE RISER AND ASSQClATE~.
Name Address
Robert Savard
Wayne Riser
Vemelle Clayton
Mark Clarey
8080 Marsh Drive
13500 James Avenue, Bumsville, MN 55337
422 Santa Fe Circle
Northcott Company
Bob Generous presented the staff report on this item.
Blackowiak: Commissioners, do you have any questions of staW? Okay...
Kind: ...talk about the roof is made of...standing seam metal.., is that a darker blue than a typical
prototype building?
Generous: I'm not certain...
Wayne Riser: That is the.
Kind: That is it?
Wayne Rise~. Yeah.
Kind: Okay. Other questions, staff recommendation bn page 12, number 4. The condition talks about
the drive through window approved only for a restaurant use that custom prepares foods at the time of the
order. My experience is that the Culver's in Navarre, I know people who call their order in...then go
through the drive through windows to pick up their order. Are we prohibiting that?
Generous: No. Because they don't start the preparation until the order...
11
Planning Commission Meeting - September 4, 2001
Kind: Okay...
Saechet: Yeah, I have a couple questions. I don't know whether you can answer them Bob or if that's
something for the applicant. As I drive past...
Generous: I would prefer the applicant...
Sacchet: I want to know from the applicant why...that's that little line sticking out there. That little
knob in the curve.
Generous: That' s correct. In the northwest comer of the building.
Sacchet: Northwest comer... Drive through window. You mentioned that drive through windows are
added and I was looking at the elevation, it looks like one of these windows is actually in the storage
room. Is that a real window? Because the floorplan doesn't reflect a window. At least they don't
correspond. I mean here we have one big one and two small ones...
Generous: It's my understanding that there...that's the intent at least.
Sacchet: Well we'll ask the applicant about that one. The patio by that...little sidewalk coming out there
that goes across and exits from the drive through lane, does that... ?
Generous: Yes.
Sacchet: And the sidewalk basically sloping around, on the west side. Alright. One thing i,m still-kind
of straggling with. As much as I like custard, we have this PUD and in all due respect, have this PUD
that says pedestrian friendly. No drive through windows and now we make an exception, which very
much...custard but isn't it kind of spot zoning7 Making a special accommodation...
Generous: This is a planned unit development.., the original zoning, none of this would have been...
Saechet: So being a PUD we have this flexibility...okay. So condition starting with your condition 6
came out so...flared end, I don't need to know... What's the difference between condition 10 and 167
Generous: Not much.
Sacchet: Not much, okay. That's it. Thank you.
Blackowiak: Okay. Rich.
Slagle: Well I don't think it's a secret to those that were here last meeting that we had this subject as to
how I stood... I'd love a Culver's, just not excited about a drive through. City Council approving that
location as the only location to permitting one and come back with a conditional use permit here. I have
to be honest with you and say that I still have questions and it revolves around some of the conditions
that staff has listed on it in the first place. The second one, the site plan I should say I have no issue with.
Conditional use permit, condition 1 is the drive through shall provide sufficient stacking to assure that
traffic is not backed into parking lot drive aisles. I'm going...further and throw out line of cars waiting
to even get into what I will call the Culver's area. From either the east or the southwest. And my
question is, what kind of data are we...this whether it's appropriate to have that number stacked or not?
12
Planning Commission Meeting - September 4, 2001
I'mjust curious. I'm sure there's a good answer. And there on the fifth one, trip generations for any
restaurant use on the site shall be within 20% of the avelllge trip geqlewafion rates shown for a high
remover, sit down restaurants in the Trip Oen~on 6~ Edition, Institute of Traffic En~neers. So that's
a lot to say so bear with me. But I guess I'm sitting here and trying to compare things, yOU know I've
been on this commission for just a short time. We've had other sites or applicants who have proposed
building in a location that actually generate Ixa~c studies for a site and they...month ago. So my
question is, how are we arriving at what that traffic volume is going to be in order to ask the applicant to
come up with a way to assure us that it will be fine? And I know that they've worked through some of
this data and provided the average Culver's store, but I almost feel like there's no average Culver's store
location that is situated in such a tight radius with a Quizno's, with a Starbuck's, with a' building...right
across from it, to the south of Starbuck's, and as I shared with Bob previous to the meeting~ just as an
observation. I drove that today and as you come through where the curve will be, which I appreciate the
curve~ I think it's a smart move, if you follow, and I don't know if Bob you can show on the map what
I'm referring to, but you drive down that street, and let's see if we can get it on here. You know what I'm
talking about Bob? You come down the curve, yeah. You're going right through there. There are
parking lots across from each other that if you have an Expedition or Subm'ban, Explorer, anything that's
of some length, and they've back to bacL you do not have a lot of room to pass cars going both ways on
that street ...the idea is to make it really tough to park and I almost...but what was the council thinking?
I mean seriously. I just think that it's common sense, because I'm afraid what's going to happen is this
great restaurant's going to be built and we'll all enjoy it, but it will be an absolute mess from a traffic and
a pedestrian...and I hope I'm wrong. That's my concern so I guess I have to ask, where are you getting
the umTw data to set these conditions for the Conditional Use Permit? That's all.
Mayor Jansen: And Madam Chair, if I might chime in here. I don't want to speak on behalf of the entire
council, and in fact maybe what we should do in the future when issues have been debated at the council
level, the minutes from that meeting should probably be attac~ to the staff report coming to the
commission so they can see all the individual comments. But we were provided the same traffic
generated numbers that you were, irrelevant to it being a Culver's. We were trying to step back and look
at this in the more generic fashion, ff this were a drive through for a dry cleaner or there were a few
examples thrown out to us, that would have been lesser volume than a fast food restaurant. And the fast
food is what staff, when they originally loomed at this PUD, that is what they were specifically trying to
avoid have happening in this particular development. They didn't want it to turn into a fast food mecca
of a corner. So as this was brought to us, we were given this same traffic grid showing that a fast food
restaurant would generate 3 times the traffic that this potential use would bring into this development.
There were council comments at the time to the conmmnity survey that was performed, and our
community is telling us that they're looking for additional restaurants and services within Chanhassen.
Restaurants with sit down service in particular. It's our understand~g again, looking at more than the
generic numbers, that this is primarily a more pedestrian type of a location. It's not meant to be a fast
food drive through. You won't have the same traffic. We're looking at it as meeting the needs that our
community has now expressed to us through that community survey giving them one mom slim'native,
not adding to the congestion in that development to the extent that fast food would, but it does give them
the convenience of being able to opt to drive through or do a pick-up as Commissioner Kind's mentioned.
Being able to call in and pick up and drive through. We have so many families in Chanhassen that there
was a great deal of focus in a couple of the council people's comments about our families and being able
to have that sort of a convenience provided without having again the congestion of a fast food location on
that corner.
Slagle: Thank you. If I could just, as I respond to that. I understand exactly what you're saying. I guess
the question is...what is a definition of a fast food versus a Culver's, and I know that there's a desire to
13
Planning Commission Meeting - September 4, 2001
call this a hybrid what have you, and I would agree that the food is better than most fast foods, but I
would say there's a real fine line between fast food...
Mayor Jansen: And if I might add, that debate' s occurred.
Slagle: I understand that.
Mayor Jansen: And now this site is allowed this use, and I can certainly appreciate your comments and
all of those comments did come to council and we were aware of some of the debates that had occurred at
this level as that came forward.
Slagle: Right, but is it not a fair question of staff to ask where the factual data is coming from other
than... The only thing that's come forward, and that's what staff is using, I understand that.
Mayor Jansen: That's whether this particular use meets the conditional use...
Slagle: Exactly, but how we come up with it...on the other side of the page.
Blackowiak: I guess I had a couple questions as well. Let me start with parking. We often have a
table.., required parking, etc. One of the conditions has the width of certain parking areas being
increased to 8 ½ feet. I'm wondering, do we have to do any type of calculation to determine if parking is
adequate or are we just relying on shared parking for the...restaurant?
Generous: That's correct. We're relying on the shared parking... If you look at this site, definitely
there's not enough mom for Culver' s.
Blaclmwiak: Yes. Especially with increasing the width of.
Generous: Part of the Villages on the Ponds was each development comes in, they pay into a pool for
Blackowiak: Okay, thank you. And then I hate to tromp on this trip generation thing but I've got a
couple questions too. One of the conditions, and I don't know which number, talks about, here we go.
Number 5 in the conditional use permit. Trip generations for any restaurant shall be within 20% of the
average trip generation rates, okay. Let's go to page 8 and we've got a table here and it talks about, we'll
take average daily. We've got an estimate of 621 for high turnover. 20% of that you've probably got
124, so I come up with 745. Culver's is showing at 771.2. Are my calculations correct? Are they within
or not within that average daily rate?
Saam: I can tell you how I came up with it... We took our 621 estimate, as you just mentioned. Divided
that by the 771, which Culver's provided to us and it comes up to I believe 80 some odd percent and then
take that from 100 percent gives you the 20. So we didn't take 20% of 621. We took 621 divided by 771
and that will leave.
Blackowialc Why did you go that way? Because as I would read it...20% of all the average trip
generation rates, you start with the rate given. You start with your Trip Generation 6th Edition rate and
add 20%. And say it doesn't fall in that 20% range. Is that fair?
Saam: Yep, I agree.
14
Planing Commission Meeting - September 4, 2001
Bhckowialc So in other words 621, add 124, you come up with 745 so it doesn't meet. P.m. peak, 92.
Add roughly 18 to that you come up with 110. It doesn't meet. Saunxtay trips, 765. 20% of that is 151.
Comes up to 906. It doesn't meet that. What do we do? I mean as I look at those numbers, do you want
to relax standards? I mean what do we?
Sacchec Could I make a suggestion7
Sacchet: We could possibly re-word it to calculate the way staff calculates it, that they
calculate...through that reference point and that way it seems we're very close...
Bhckowialc Yeah, and if we relax the standards certainly we're going to get there. How about 25%7 I
just, I mean the way I read it...Okay, I don't have any questions at this time so would the applicant, their
designee like to make a presentation? Please come to the podium and state your name and ~a_a_ress for the
Wayne Risec. C-ood evening. Wayne Riser...associates. I made the presentation I think pretty much last
time so I think it's best right now to try and entertain questions. Who wants to maybe start?
Blackowialc Rich, do you want to start? Uli...
Kind: Can you explain how this design that you're proposing for the Villages is different or bet/er than
your typical prototype Culver's store.
Wayne Riser: Yes I'd be happy to do that. Let's see. We'll start w/th the drive through side.' The drive
through side of the facility you see that's the most controversial part of the building, and what we've
done, normally there's a sign over the drive through. We've taken the sign away from the drive through
and we've soften it. Put half a roof detail there. Normally if you look, part of it comes out farther.
Basically we've shorten that up considerably. Then the other fe, ahn~ of the elements that we've added
to this one is that normally we have split face block. It will be pillars that you see there, and that'd be
EFIS pillars along there to break up the wall. And normally the top, it's a...we've changed that to an
EFIS. It's warmer.., and I think it's one of the nicer properties... And then also we've added a feature,
actually the back of the building, right here, which tums out to be the front of the building also. I
suppose it has two fronts. There's a back and a front. Together it faces I-~ghway 5 and that, if we look
down here, that is actually the back of the building. Normally it has...but we think there's some
interesting architectural elements in the back of the building. We've added the windows, these windows
are windows that you can't see in, but you can see out. Because our employees, are... And the same
would be true with the office. Then as we go to the opposite of the drive through, that's the side facing
the present building to the east. Again we've added the architectural elements, more columns. We've
also gone away from the standard awnings...an awning that gives more color details. Softens
your...straight awning. Part of the building, which is here...that is the same except for the columns and
the EFIS along the roof line. Does that pretty well explain that there?
Kind: Yes, but I have one more question.
Wayn~ Riser:. Certainly.
15
Planning Commission Meeting - September 4, 2001
Kind: The storage window Uli brgught up, will that be a functional window there? ...footprint of your
floorplan, there's just one window shown there.
Wayne Riser: There's going to be two...as it shows on this plan. One on each side.
Kind: And one will be, it looks to be, will be near the storage room.
Wayne Riser: Yes, and that will be only, you'll be able to see out but you won't be able to see in.
Kind: So the same type of windows on the exterior...
Wayne Riser: No, they'll all be the same.
Kind: How about at night? If employees are taking a break in the break mom and the light's on, can you
see in at that time?
Wayne Riser: I can't answer that. I don't know. We've never done this before.
Kind: Not that it really matters. I was just curious.
Wayne Riser: Good question... That's a good question but I can't answer it.
Kind: On the elevation, the color renderings that we were given, I think the navy blue roof is beautiful,
but I'm getting the impression that it's really a quit~ bright roof... Would you consider darkening the
roof to this more navy?
Wayne Riser: We would...but I don't think we'd want to do that. We would darken that. Did you say
darker blue?
Kind: Yeah. A more of a navy blue. I think a bright blue roof it might be a little bright for this image
that we're looking at for. I think navy is quite handsome.
Wayne Riser: Yeah, we would darken it... That woulcLn't be a problem on our part.
Kind: Okay...another question. I guess that's it.
Blackowiak: Any other questions of the applicant?
Sacchet: Ye.~ch I had.
Wayne Riser: ...I think it does, we'll have to see what colors.
Kind: Oh I'm sure you can get it in any color you want.
Wayne Riser: Well not any but we'll rexiuest...
Sacchet: I have one question. You know that drive aisle double width.
Wayne Riser: Yes.
16
Planning Commission Meeting - September 4, 2001
Sacchet: So you want to allow your customers to escape...
Wayne Riser:. That's part of how the stacking...because that allows them, if there is a problem...
Sometimes people drive in there and...I don't want to wait. I'll go inside or...
Sacchet: So they can change their minds and decide...I was curious.
(There was a tape change at this point in the discussion. The audio portion of the remain~ of the
meeting did not get picked up on the tape.)
Vernelle Clayton spoke on behalf of the developers of the Villages on the Ponds and expressed support
for the project. Debbie Lloyd spoke about concerns with the traffic generated f~m this site. Bob Savard
stated his support for the project. Mark Clarey, a representative from Northcott, stated his support for the
project as it related to the overall success of the Villages on the Ponds.
Chair Blackowiak stated she would like the letter received from Mr. David Petty be included in the
record to go to City Council. She then closed the public headng portion on this item. Commissioners
gave their comments on the project and then made the following motions.
Kind moved, Saechet seconded that the Planning Commi~d_'on recommends approval of the
Conditional Use Permit g2001-7 for a drive-through window subject to the following conditions:
le
The drive-through shall provide sufficient stacking to assure that traffic is not backeA into the
parking lot aisles.
The loud sPeakers used for ordering shall be shielded so that noise is not heard off-site.
3. The drive-through shall be screened from off-site views.
.
The drive-through window is approved only for a restaurant use that custom prepares foods at the
fin~ or o~r.
Trip generations for any restaurant use on the site shall be within 25 percent of the average trip
generation rates shown for a high turnover, sit down restaurant in the Trip Generation, 6~
Edition, Institute of Traffic Engineers.
6.
The applicant shall gather traffic counts from the Shakopee Culver's to provide to the City
All voted in favor, except Slagle who opposed, and the motion carried with a vote of 4 to 1.
Sacchet moved, Kind seconded that the Planning C0mmi~si_ on recommends approval of Site Plan
~F2001-7 as shown on plans prepared by John Oliver & Associates, Inc., dated 8/15/01, subject to
the following conditions:
.
An understory evergreen element shall be added to the northwest area of the property.
Evergreens should be 10-15 feet at maturity.
17
Planning Commission Meeting - September 4, 2001
1
e
1
Si
g
m
SI
.
10.
11.
12.
13.
14.
15.
16.
17.
18.
The applicant shall enter into a site plan agreement with the City and provide the ne, c,e, ss~
security to guarantee erosion control, site restoration and landscaping.
All areas between paved areas and wetlands shall be revegetated per the planting plan that was
approved as a part of Villages on the Ponds.
All areas disturbed as a result of construction activities shall be immediately restored with seed
and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity
in accordance with the City's Best Management Practice Handbook.
The applicant shall apply for and obtain permits from the appropriate rigulatory agencies, i.e.
Carver County, Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,
Army Corps of Engineers and Minnesota Department of Transportation and comply with their
conditions of approval.
Submit storm sewer sizing design data for a 10-year, 24-hour storm event.
Add the following 2001 City Detail Plates to the detail sheet: 5203, 5215, 5300, and 5302. Also,
show the most current revision of plate no. 3102.
Prior to building permit issuance, all plans must be prepared and signed by aprofessional civil
engineer registered in the State of Minnesota.
No building permits will be issued until the City receives as-built plans for the:development.
Any off-Site grading will require easements from the appropriate property owner(s).
Revise the western slope off of the drive through area to show either a maximum slope grade of
3:1 or to install a retaining wall.
Some of the parking stalls are less than the minimum allowable width of 8.5 feet. These should
be revised as necessary.
Detailed occupancy related requirements cannot be reviewed until complete plans are submitted.
The utility plans will be reviewed during the permit process.
The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
The applicant shall eliminate the staking and wiring instruction detail in the landscape plan tiffed
"tree planting - guy wire".
All signs shall require a separate sign permit.
A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs,
bushes, Xcel Energy, US West Cable TV and transformer boxes. This is to ensure that the fn-e
18
Planning Commission Meeting - September 4, 2001
hydrant can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City
Ordinance #9-1.
19.
Fire lane signs and yellow curbing will be required. Contact Chanhassen true Marshal for exact
curbs to be painted and exact location of fire lane signs. Pursuant to Chanhassen Iru-e
Dopamnent/Fire Prevention Division #6-1991 and Section 904-1, 1997 Minnesota Uniform Fire
code.
20. A stop sign shall be installed at the exit of the drive through.
21. Add windows on the floor plan to reflect the windows shown on the elevation~
The applicant shall consider changing the color of the roof to be compatible with adjacent
buildings.
All voted in favor and the motion carried unanimously 5 to O.
OLD & NEW BUSINESS:
Bob Generous asked that any commissioner not able to malce it to the work session scheduled for October
16~ let Kate Aanenson know so that meeting could be rescheduled. It is very i ,mportant that all planning
commissioners be present.
APPROVAL OF MINUTES: None.
Chair Blackowiak a~ourned the Planning Commi~u~don meeting at 9:15 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
19
CHANHASSEN PARK AND
RECREATION COMMISSION
REG~
JULY 24, 2001
Chairwoman Lash called the meeting to order at 7:30 p.m.
MEMBERS P~: lan Lash, Frank Spizale, Rod Franks, Tom Kelly and Mike Howe
MEMBER~ ABSENT: Dave Moes and lay Karlovich
STAFF P~NT: Todd Hoffnmn, Park and Rec Director
APPROVAL OF AGENDA:
Hoffimn: I have probably what I would call an adjustment. I don't know if you've noticed the note on
the CIP to the residems was not inclod~ in the first Villager thaf I scat it out for. It was inclMed just
this past Thursday. I received one e-mail which is in your packet on your desk. It included all of your
phone numbers I believe, if somebody calls today, so we can discuss it but then probably table it and
we'll be meeting twice in August Is it August? Yes, we're going to go to the Waconia facility the
second week so we can talk about the CIP that evening and finalize it or at Our regular meeting in August.
I think we should discuss it and talk about some of the issues that are raised thi~ evening and then table it
until a future ageaul~
Lash: -Sounds good. Anyone else?
VISITOR PR~ENTATIONS: None.
APPROVAL QF MINUTF~: Howe moved, Prank.~ seconded to approve the Minutes of the Park and
Recreation Commission d~t_~cl Sune 26, 2001 as presented. All voted in favor and the motion carried
unaoimously.
200~ PARK AND TRAH. A(~~ON AND DEVRIOPMENT CAPITAL IMPROYI~glO~-T
PROGRAM (~'IP).
Hoffman: Thank you Chair Lash, memlx~ of the comrni~,sion. TI~ last ~ we talked about this I
believe was in April or May. You have aH the sheets in front of you. I think what is most telling is that
if you add up all the items which are tentatively identified under the 5 year capital i .mpro~ progrsm:
you have a million and a haft dollars. Orrrenfly our fund balance is a million 7. Obviously over those 5
years additional million dollars or so would be generated so you could bump. that up. But I would
characterize the existing CIP is not overly aggressive. In fact there are some large items that are ~mply
not included so the reason I think we need to spend a good deal of time talking about these CIP programs
is because it makes, you put the money to the best use and I want to make sure that we thought these
things through before we make recomrr~ndations to the City Council That is the reason that I raise these
issues of trail connections. You read thi~ evening's agenda. Before I go to the City Council and discuss
with them feasibility studies which would give us an initial estimsto, of the cost of these connections, I
want to make sure that the commission is on board and supportive of those connections. Specifically
they are the two underpasses at Highway 5. People are already taking advantage of the new ~
road trail. In fact Greg..., one of our neighbors said for the first time he went to Lake Ann west on the
Park and Rec Commission Meeting - July 24, 2001
frontage road trail to Galpin. North on Galpin and then all the way back so they're going to start using
those trails, but to connect the south side we have to make sure that we continue those trail connections at
the creek fight there at Lake Ann Park. So if you go out there today and look at the underpasses, there's
a large undertyass...culvert for the frontage road and then there's a smaller underpass which is just the
trail itself, not the water. The water goes under a culvert under Highway 5, and then the trail will dump,
out. Terminate on the south side of Highway 5 right at the state highway right-of-way. They'll say that's
it city. It's your' s from here. And if you can visualize where that is, there's a steep ravine in there.
Wooden ravine. It heads down adjacent to Prince's property with his studio there on the one side. And
then it comes out by the location called Park Road, or Park Court which is that cul4e4ac which was
never developed because of poor soils and the city's I-IRA actually owns that property. So we are
responsible for building that trail from the sidewalk on, all of you have driven Park Drive. You know the
industrial street that goes from Audubon and then east to Powers. We need to connect those people down
to that concrete sidewalk which is on the south side of Park Road. Expensive project and should be taken
care of next year so people can start making those connections. We're going to have millions and
millions of dollars worth of improvements on the north side of Highway 5 that they're going to want to
get to. The next one is a much simpler connection. It's right there at the school. At Bluff Creek
Elementary/Chan Rec Center and the simpler connection, we already have that trail sitting on Bluff
Creek Park and the route is not as steep. It's not as heavily wooded and so that one will be much easier.
And then the final connection, which people call me about on an intermittent basis is, they start arriving
south from Southern Chanhassen and they stop at Bandimere and they'go whoa. Walt a minute. I want
to get to town and the trail between Chanhassen Hills and Bandimere is not complete. It's really one of
the, 101 North and 101 South, those are the thru trail connectors which we should be taking a look at
finishing. So those are 3 that I'd like to.hear from the commission on and if you took a look at all of
those projects and included them in a 2002 CIP, you're up over half a million dollars so that would be
more aggressive than most years when we dedicate about a quarter million dollars to the CIP so, we're
talking about some other things already in the planning stages in your packet and then we have these
items to add as well. The 101 North trail at $800,000 still remains in the C[P this year and then so I don't
see that the trail will be completed or the road project even started this year or next year but, so there's
those items to talk about and then traditionally we post that press release and I think you have a copy of it
in here. For the public to give a call and the one individual sent an e-mail and asked for your
consideration on a Chanhassen dog park and I think that's always very valuable to solicit the input of the
residents to hear what they have to say as well. So with that lan I'll let you folks talk about these things
and give me some direction on what you would like me to do with the recommendations to the City
Council.
Lash: Okay. I tend to think it's easiest if we just go through starting with the front one. Anybody...
Okay, so if we start with Bandimere Community Park. I had one question Todd and that' s on play
equipment Phase L Is that being done?
Hoffman: Being done right now.
Lash: Okay, so we could put a check by it?
Hoffman: Yep, they're out there working on it.
Lash: And my other question is, and I'm probably just not remembering things but how come it was cut
from $60,000 to $30,0007
Hoffman: Boy oh boy. I don't recall. I know that's what we spent was the 30.
Park and Rec Commission Meeting - July 24, 2001 .
Lash: Does anybody else remember? Do you remember Mike? Rod?
-
Franks: No.
Lash: Did we get donations, weren't we trying to get donations from like hockey and soccer and all
those kinds of people?
Hoffman: Yeah, but that was to meet the 601 think_
Lash: So maybe the 30 is just our's, but you think totally we only spent 30?
Hoffman: That's all we spent. That's all we had in the budget.
Lash: So did we not get any donations?
Hoffman: No. Remember we sent the letters out.
Lash: Okay. So did we have to skimp, then? I mean did we not do all the phases?
Hoffman: No, we bought a $54,000 playground that was displayed at the grounds in, Turf and Grotmd
Show in Atlanta, Georgia and for $30,000 we bought it and they shipped it up.
Lash: And then did we have a Phase H slated on the plan?
Hoffman: Not in that plan, no.
Lash: This would be it?
Hoffman: This is it. Independent, 6 to 12, 5 to 12 and so if we go with another one we'll have to dO the
younger age group. This one is on concrete with a concrete curb with the pour in place pad. 3 story
enclosed. You know with the enclosures do you'll see it, it will be going up out there over the next
couple of weeks. It will be a nice playground.
Franks: Are you suggesting-that Phase H play equipment is not necessary?
Hoffman: It would be a nice addition but it will be independent of thi.~. It's not like we're adding onto
the space. It would be independent so you could pick a ship. Some of that companion stuff which is
popular nowadays so.
I_ash: So is it something we should of'penciling in 5 years down the road or?
Hoffman: Little bit less than that.
Franks: It's already in.
Howe: 2004. $40,000.
Park and Rec Commission Meeting - July 24, 2001
Lash: Oh! Okay, didn't see it. I just didn't see it. And then how are you feeling on the $25,0007 Do
you think that's adequate for this silo restoration?
Hoffman: I hope so. With the pace of restoration projects, you never know.
Spizale: What is the silo?
Lash: The original silo that was on the site. We didn't take it down.
Franks: It's still up there. Kind of right up on the comer.
Kelly: What would they restore them for?'
Lash: Just kind of as a landmark. Remember that the farm was there. If you think the one that' s on 41
and Hundtmark, we don't want to copy that but something along those lines.
Hoffman: It's probably worth talking about the hard court play area. $15,000 would only buy you a half
court basketball and the area which was slated for that was, if you parked up by the baseball fields and
then you walk all the way between the two fields towards the lake, it's behind the field so it would be
down that first base line so it's not very convenient. In the original plan they had tennis courts planned
back there and hard surface play area, but it was not in the original plan. It kind of took a back seat.
Well it definitely took a back seat to the other field sports out there so I don't know if it's Something that
we.
Lash: So we'll never be able to put tennis in them?
Hoffman: We could but I don't think it would be in a great location. It's going to be out in the, behind
the outfields of the ballparks. So to make that investment and then convenient to parking and those type
of things.
Lash: How about ice?
Hoffman: We have to put it in the, either you can put it in the outfield, and so we could easily put an ice .
rink there. Out in one of the outfields of the, or excuse me, the infields.
Lash: I mean that's something we could think about as far as location. I think we always intended when
we came up with our ice spots, that there would be one there. With all those houses...
Kelly: Are lights ever slated for the softball fields? Baseball fields or not?
Hoffman: They were talked about and they were included and the fact that the city would light those
fields was included in all of the housing transactions in the neighboring, the Lundgren developments and
they were aware that lights would be coming in there.
Lash: Lights are very expensive. Very. But if this is our time to think of all these things, then.
Franks: You know when I think about that area, considering the location of the hard court play area and
that Springfield development itself and it' s neighborhood park has it' s own half court basketball and then
you take Kiowa Trail. That little also association park, they also have a half court.
Park and Rec Commission Meeting - Suly 24, 2001
Lash: Oh they do? .
Franks: And you know it's kind of that circle of houses. They're built around the circle and the interior
of the circle.
Hoffman: Okay yep, you're right.
Franks: And so I don't even know really, as far as like neighborh~ play, how necessary it would be to
have that as part of the park_ What I've been watching is people are going to Bandimere for the ~
activity. It's to go there and watch the soccer and I think we really take care of the younger kids being
able to recreate while the older kids or parents are with the play equi~t.
Hoffman: Well it'd probably be more appropriate to put a half court down below the hill in the
neighborhood park_
Franks: Bandimere Heights Park'/ That's what I would suggest if we're going to put it in, put it in
below.
Lash: Because there's nothing down there anymore is the~7
Hoffrmn: Playground equipment.
Lash: Oh, there still is...
Hoffman: But then the soccer field doesn't need to be used anymore down there because it will be
vacated to go up above.
Lash: So is that something you'd like to.
Franks: I'd like to see the hard court play area come out of Bandimere Community Park_
Howe: I would agree.
. .
Kelly: Would we be able to upgrade the play. Take that $50,000 and upgrade the play equipment are do
we just mmsfer. Do you just transfer that money to Bandimere Heights7
Franks: Well that would be something to consider. I think if we're looking at for a younger children's
phase H play equipment, $40,0~ probably would be pretty...
Lash: But the $15,000, that'd be enough wouldn't it to do a basketball7
Franks: Because there's nothing slated for Bandimere... I'd keep it in 4.
Hoffman: See if people warm up to it.
Lash: Okay. Anybody have anything else for Bandimere7 Okay, in the vending machine shelter is
scrapped. Has there been requests from people for concessions there?
Park and Rex: Commission Meeting - July 24, 2001
Hoffinan: Yes.
Lash: Or picnic shelter?
Hoffrnan: Yes.
Lash: That too?
Hoffman: Covers for the dugouts.
Franks: You know there isn't just anyway to have one of those rolled park shelter vending machine
things, you know that' s got the metal mil down door and you shut off the vending machines you know.'
Hoffman: We had that included, well the rolling thing?
Howe: The roll down doors.
With the roll down doors it covers up like during the winter or whenever it is that secures the
Franks:
place.
Hoffman: Well that's what this is. There's one at, has anyone seen tJae one at Minuewashta Regional
Park? The beach? That's exactly what this is taken from.
Franks: Okay. $90,000 for one of those?
Hoffman: Unbelievable. You should see it? You can't believe it. There it is. Just a little block
building.
Lash: What were we paying for those little shelters that we put in neighborhood parks? They were
about, how much were they, $25,0007
Hoffman: Yeah, 20 to 35, yeah. Depending on the size. There was two different sizes. Three different
sizes.
Lash: Well even if we just put one of those in. Some picnic tables. It gives you a little shade and sit up
there and eat before a game or after the game or something.
Hoffman: I can guarantee if you were out there this weekend, shade was a precious, precious
commodity.
Franks: The shelter at like Power Hill Park. How much for that one?
Hoffman: That one was the smallest one. About $18,000 1 recall and the largest is done at Meadow
Green. That was just over 30,000.
Kelly: Todd, do the vending machines generate a lot of revenue?
Hoffman: We do not operate vending machines in our system. They can generate revenue, but they're
never going to pay back the $90,000 debt. They're simply a convenience to people. The Boy Scouts
Park and Rec Commission Meeting - July 24, 2001
operated concessions this weekend at Bluff Creek and were very pleased with their success out there, and
I think that's a phase people are looking for. When they have it, they put on concessions when they're
hosting tournaments. That's another way of generating revenue for their club dm'lng these toum ts
so they're looking to the community to provide an oppommity for them so it's not as if we're going to
look to this as a revenue generating endeavor. It's simply another amenity to the park when visitors come
from out of town they want, it's nice to have that availability because otherwise sometimes there's not
very much time between those tournament games and they can't get to town so they want the concessions
there and so it's either a building or you can actually have the club serving.
Lash: That requires power and.
Hoffman: Yeah, oh yeah.
Lash: It gets spendy.
Hoffman: The shelter at Bluff Creek was $240,000. Warming house, bzfl~ms, shelter and then
concession area.
Lash: Well I thought we should just completely eliminate any hope of some kind of shelter there. I mean
it's a large community park. It services a lot of people.
Hoffman: A park shelter is probably the most appropriate. There's a planned area for that right adjacent
to the memorial and the playground. With bathrooms and an area where we can serve, they can do it all
in one. So you know you've got bathrooms, you have a window where you can serve concessions and a
shelter and that's a couple hundred thousand dollars.
Franks: Is that what you're saying is most appropriate?
Hoffman: I would think so. I mean if you want to satisfy all those needs. If you don't want indoor
bathrooms and all you want is just a covered shelter for people to get out, then I would build a large
shelter there so it would be $75,000 for one of these large covered shelters with a concrete area and
strictly go at it that way. Whatever you do out there, it has to he on a community park scale and so the
Power Hill or the Meadow Green is not going to cut it at Bandimere. We'd just simply be throwi~
money away.
Lash: I'd be more inclined I think to do the shelter, skip the bathrooms. Go with the, keep the Biffs.
Have a nice big shelter and they can still be able to do concessions.
Hoffman: Well they'd just have to throw a few tables up underneath it and square offa comer. You can
do that for a weekend tournament. You don't have to have the availability of other things but to have a
focal point where you can get out of the sun and have a concessions there at the shelter.
Franks: It's what they did at Eden Prairie, the Lake Riley Park. There they have the beach and the boat
landing and now the new sports fields and the volleyball courts and tennis courts. It's pretty high
volume... That's an open shelter.
Hoffman: Yeah, and it's pretty elaborate. That's more than $75,000.
Park and Rec Commission Meeting - July 24, 2001
Lash: Well what do you think would be, you know if we were to try and place something like that in for
maybe 20057
Hoffman: Yeah, I'll put, I'll just look the number up for you. I'll bring some photos down to the
commission.
Lash: Okay. Anything else? Okay, under Bandimere Heights then we said we'd put in the basketball, if
there's interest in that in 2004. Anything else for that? Okay, Bluff Creek Preserve. Anybody have
anything for that one? Okay. Carver Beach Park. Anybody have anything for that?
Hoffman: For Jack and Tom, as we go through, we'll just make sure you know where these all are at.
Carver Beach Park and Carver Beach Playground. The park is the one down on the lake, and so it's the
little beaches, and then the playground is the one up on top in the Carver Beach neighborhood. That little
square and it's got a playground and a trail loop and a ballfield.
Howe: Is the trail that we're talking about, that's already been budgeted for? The meeting that's going
to be next week? The trail from that neighborhood to the beach.
Hoffman: That one is not budgeted in here and it's unbudgeted in your 2001 CIP so if the council goes
ahead and approves it, they'll be taking that money out of 410 as, you know it's been in and out of the
CIP because it's been proposed for 12 years and so they would take that money.
Howe: How much was that about?
Hoffman: About $50,000 with the stairway. And that meeting is next Monday night.
Howe: At the spot.
Hoffrnan: At the cul-de-sac. At 7:00 you're welcome to come out. Did you receive a marling?
Lash: Yes. It also was in our packet. Okay, anything under Chan Estates Park. That's the little one over
by McDonald' s. Okay, how about .your's Rod? Chanhassen Hills, anything that needs to get done? The
Rex: Center. We've got the monument sign and the illuminated wall sign.
Hoffman: Yep, done.
Lash: They're both done?
Hoffman: It's got to be hooked up to the electricity, the wall sign.
Lash: Anything else that you can think of for the rec center?
Hoffman: New trees but they're going to go in this fall as part of the maintenance budget.
Lash: And under City Center, the hockey boards. That got scratched because we're not going to have
hockey there?
Hoffman: Yeah, the skate park area.
Park and Rec Commission Meeting - July 24, 2001
Franks: Skate park.
Hoffman: The second set of hockey boards was..
Lash: Oh, it's the second set. Okay. And then the senior garden got scratched out but that needs to go
back in.
Nranks: What price ~ag on ~tmt plan th~ we looked at today, what was the .p~ice tag for that7
Hoffman: Over $100,000 but I thinic we should get that closer tO. something like 75. We just need to
down, they have raised beds in there which you don't necessarily have to have.'
Howe: That's up in the comer of the park.
Hoffman: Yeah, if you want to keep $100,000 in there, it would be easier to complete. The shelter
would be nicer. It doesn't take long to spend that kind of money in that kind of project.
Lash: Well the shelter has to stay in. We made that as sort of a priority. That needs to get done.
Hoffman: Yep.
Howe: So that will be like the one at Bluff Creek, that similar amenities7
Hoffman: Yes. If that stays in and then all the other trails stay in, you're going to be spending $750,000 .
in 2002. Making that recomn~ndation so that's the one. This is the only big ticket item in 2002 so it's.
the one that you need to, when you start looking at priorities, those trail connections you know almost
have to have it and 101 doesn't have to happen down south.' This doesn't have to happen and those two
.trail connections are somewhere over $300,000 for the two of those and then you can go from there in'
making a recommendation.
Lash: I don't have a problem with...
Hoffman: With the exception of that at City Center, tliere's really nothing else slated'on the master plan.
The senior garden and the warming shelter.
Lash: Could we move, if we can...that warming house off a year, I'd like to try and see if we can still
keep the garden in 2004 i.f possible.
Hoffman: Okay. At $100,0007
Lash: ...in my mind with the south to Bandimere trail to Chart Hills should be a priority too and I'd like
to see that done. Actually I would see that done before anything else because I think it's...if we have to
choose. You want this trail?
Franks: Well I'm thinking. It sounds really kind of silly but the trail~ have to be done. You know as I
watch the city develop out and develop out at a faster pace now, it's not like just a little pockets of
neighborhoods here and there and so the demand and pressure to make these trail connections earlier than
it was before when heck, you just kind of waited until things filled in because there were farm fields
Park and Rec Commission Meeting - July 24, 2001
mixed in the neighborhoods. Not the way it is now. And also the use demand on City Center Park is also
increasing and so it might just be that this is a timing issue where we have to spend it now to get it in.
We're just going to be spending more later with greater pressure to get it done'and it's like maybe these
are just amenities you can start putting in now to get' them in. I mean the park shelter at City Center Park
is going to go in. I mean it's got to go in to complete that parle I mean it's going together.
Howe: Could we realize any economies of scale when the library's built if we built, no? Okay.
Franks: If we have a million 7 now and then over the next 5 years collect what, close to another million
and we're talking about in 2002 spending 750 in projects that are not, they're not like.
Lash: Maintenance replacement.
Franks: Yeah but it's, well. I can't, they're not just completely discretionary type projects. They're
projects that have to happen and maybe it's just as expeditious to really line them up and get them on line
now. Just do it, and then start banking our money again and that was always our philosophy. Was to be
able to bank our money and move when we needed to move and you know start things happening when it
was time for them to happen, and I really think that it is time for these things to happen. We already put
out the park shelter already. We've already done that, and the trail connectors have to happen and it's
time for the park shelter to happen and we've already put it off.
Lash: Well if we can do it, I don't have a problem doing it. I'm afraid we're going to be totally.
Franks: Well then that's what will happen.
Spizale: Well I think that'd be a great recommendation from us. You know it's a shame because I think
the people an use these trail systems. They can get to the other parks and it's like from my neighborhood
on the south side, to be able to safely, you know the kids bike underneath 5. Now that 5's going to be
done, it'd be so nice to put in stuff that they could use the other side of the road without us worrying
about them getting hit by a car getting over there and I think those trail systems being done with 5 being
done would be fantastic. And I agree. I think now's the time to do it.
Lash: Okay, anything else for City Center?
Howe: What do we have for the senior garden, $100,000 in '04?
Hoffman: 100 1 think would be more appropriate.
Lash: Well what all really do we have to do? I mean we have to do the grading, right?
Hoffman: Grading. The shelter. The aggregate paths are very expensive. The raised beds and so
between the aggregate paths, which are cobblestone and then gravel on the outskirts, and the cobblestone
paths. The shelter and the raised beds.
Franks: You know, have they even considered though just a Class V limestone, crushed limestone?
Hoffman: A majority of them are that. It's just the main ones.
10
Park and Rec Commission Meeting - July 24, 2001
Lash: You know that would be a project that I would see to do the Class V but then if we were going to
have stones, some sort of stones, one of those donation things with a name too. I would think that the
seniors would really.
Hoffnum: We can take care of that.
Lash: I think that would really catch on. Is if they bought a stone and then somebody dies and they go
over there, you know what I mean? I can see where that could be a nice addition to that. And then the
shelter, what's the shelter now too that's supposed to be going in there. Kind of a gazebo look?
Hoffman: Yeah, gazebo would be $30 to $40,000 for this gazebo. It's a fancier finish to it because it's
sitting in a formal garden setting.
Lash: So would that have to go in though?
Hoffman: It doesn't have to go in.
Lash: From the very be~nning. Because if we get cut back, I me, au I think the flowers are what's...
Hoffman: The supplier that shows up and says how am I supposed to build that shelter in the...
Spizale: Plus I think the seniors really need the shade.
Hoffman: Yep they do.
Spizale: I mean they forget the age they're at. I was just at the Arboretum with my mother-in-law and
we walked through there and boy every shade spot we got was a gazebo and something e]se, she'd
actually sit and rest and stuff. They do need it.
Franks: How long did Stone Creek wait afl~ the installaIion of Phase I play equipment before we put in
Phase H?
Hoffnum: ~, years.
Howe: 4 years anyway. I think it was '96 when the first one went in, wasn't it? So almost over 4 years.
Franks: Well if it starts to get tight in 2004, one of the things I would propose would be to push the
Phase H play equipment at Bandimere Community Park out to '05. Just change the phase numbers Todd
and that would be something that I would be more than comfortable with considering.
Lash: Okay. Anything else for City Center? Cku'ry Farms. Wasn't there something we were going to
try and do? Fill in.
Hoffman: Oh we've been doing that since the park was built.
Lash: I see we got the new playground slated.
Hoffnmn: It's a sinking park.
11
Park and Rem Commission Meeting - July 24, 2001
Lash: It just continues, we do it all the time?
Hoffman: Yeah.
Lash: Well wasn't there a ballfield we were going to take out or?
Franks: Or to change the backstop.
Hoffman: But they want their ballfield and so we just keep patching it and this spring, you might as well
go fishing down there instead of playing ball. It was a marsh. It should have never been taken. It could
have been taken as park, It should never have been developed into an active park and park dedication
should never have been given towards it because we spend-so much time mending it. ·
Lash: But they want to keep the ballfield?
Hoffman: Yep.
Lash: They'd rather do that than have it be turned into some kind of a nature, natural.
Hoffman: If we took out the ballfield, cattails would grow. And they. don't want that.
Lash: Oh.
Hoffrnan: They want grass. They paid for grass. They like grass.
Lash: Okay. How about Herman Field?
Howe: How about Herman Field?
Franks: Active dog park. I'm telling you, that's.
Lash: If we did a dog run somewhere, would that have to be completely fenced in?
Hoffman: Most of them are.
Spizale: For safety point you probably would.
Lash: So what about the big, just that big grassy area that's off that really doesn't get used for much?
Hoffman: At Herman Field?
Lash: Yes.
Hoffman: I think you're nuts.
Franks: What, you don't like the idea of making a bigger problem out of a problem?
12
Park and Rec Commission Meeting- July 24, 2001
Hoffinan: I love the idea of the dog park but it needs to be in a community park where you don't have to
drive through a neighborhood to get to it. There's no hassles, and those people there would, first you ask
them if you can take their playground away. Now if you ask them if you can put a dog park in there.
Lash: Okay.
Kelly: Is there a good spot for a dog park?
Hoffman: If there is and I think we'd have one because we're so aggressive in our program that if there's
a good spot for one, we'd have one and the only spot that I could even think that it might work, but it's
too small, would be the edge of the ballfield at Lake Susan where you could fence off down to that pond
and so you could fence off, up from the pond and down along the trail and then back along. They could
drive in and park in the community park. Take your dog over, and utilize that space.
Lash: Is that where the archery?
Hoffman: Well yeah, the archery range is down farther. This would be.
Lash: Does that ever get used?
Hoffman: Oh yeah, all the time.
Lash: Oh.
Hoffman: This would be right next to the, just off of what would be the third base line. So you could
fence that area. You know you often think about we have a lot of parks., bu{ we're not that land rich hl
areas, you know, no place for disc golf. Some of the kids would like to see a'disc golf like they have in
Eden Prairie. We don't have a spot for that. Dog park. And so what do you do? And what I've been
doing is harping on Marty Walsh out at the Regional Park. You're the guy for the dog park_
Lash: How about at Lake Ann, up on the north side of the bsllfields, you know where there's that one
parking area and then it comes down around like that. There's a big grassy area up there. What about
that? Would that be big enough?
Hoffman: Again, it's right there in that, you know where it's large enough but I think for the popularity
we would soon find ourselves not large enough. I know right where, it's just a little bowl that sits
between the two parking areas. And then you fence the area off so. It might be something to look at
there. I hadn't thought about that spot. They're very popular. They're just going to be like a skate park
for adults and dogs because it's going to be like that once you put it in.
Franks: Well just my view was that, if we got people that were using that for a recreational purpose, it's
going to drive the fun out of people who are using it for other than recreatio~ purposes. I mean it's
being used, it identifies as that thing that's going to come here. I don't know, I kind of thought it was
offensive to the neighbors...a park for dogs would be kind of a detriment.
Lash: Well but there's not really a lot of houses right there.
Hoffman: But the ones that are most active in the management of the park are the first five right outside
the road. And what they're going to tell you is oh fine, now we're going to have barldng dogs up until a
13
Park and Rex Commission Meeting - July 24, 2001
legal park hours and then after park hours, they're gone and now we have the other people so you haven't
solved a thing. Because that's what they really came across.
Lash: Okay.
Hoffman: Herman Field just needs to be, we just need to lay low on Herman Field and continue to work
with the Neighborhood Crime Watch and the neighborhood and the police and try to clear up what we
have there currently.
Lash: How about Kerber Pond Park? Interpretative park trail for 2003.
Kelly: What exactly is an interpretative? I know there's like a soft grass trail that goes around the pond.
Is that what the interpretative trail is or?
Hoffman: That's what it would be and then you would put in signage such as an arboretum has where
you have certain species are identified. Interpretative signage and so as people take this walk, they can
expand on their experiences and say, you know point out to them, the children and the other people with
them, here' s this kind of tree or this kind of grass or flower. Landscape. Look at the history.
Lash: How about Lake Ann? We talked...the whole idea of a dog mn in that open space.
Hoffman: That'd be a good place to look at it. Everybody to contemplate while they're out there.
Lash: And then I know over the years we' ve got it slated in somewhere, another picnic shelter for...
Hoffman: Right on top of the hill at the ballfields for concessions, bathrooms.
Lash: Oh, I was thinking that was a picnic shelter. Another picnic shelter.
Hoffman: Oh, at the Parkview. Yep, that's been talked about.
Lash: But that could be in the dog mn side, isn't it?
Hoffman: No. It'd be in the other side tmless you were, you were talking about north of the ball parks
on the east side. This is just on the west side. Parkview's a very popular picnic area. 50% Of the people
that reserve it bring a tent. They rent a tent and so if you would put a shelter up there, then it would just
provide that much more of an amenity. And then a concession stand has been discussed at the ballfields,
and so instead of the buildings up there you would have a larger facility with flush toilets and those type
of things. Many of those amenities, you know such as the future shelter are things that 20 years from
now the community can take care of. It's portable toilets for the summer softball season, people can live
with it and yeah, at some point when everything else in done and they're looking around to gussy up their
park district they can say, oh. Let's put that shelter in with the flush toilets.
Howe: That's in the $250,000 range?
Hoffman: Yep. Every one of those.
Lash: Okay, does anybody else have anything else down...
14
Park and Rec Commission Meeting - July 24, 2001
Franks: ...as a part of maintenance this winter at the swim beach with non-skid.
Hoffman: Yeah. We may just even before that take that dock out and replace it.
Frsnl~g: That'd be good. You will replace the dock7
Hoffnmn: Yes.
I~sh: And Lake Susan Parir. Anything there?
Hoffman: Town lights Were also talked about over the years at Lake Susan'for the athletic facility there.
Baseball field.
Lash: Does that even get used anymore?
Hoffman: Yeah, it's scheduled.
Lash: Isn't that a Babe Ruth? .-
Hoffman: Yes. That's the older kids. Remember nation wide, baseball numbers dropping. Girls
softball numbers dropping. 25% from 1995 to 2000. Nationwide 25% reduction in team sports across
the entire country. Organized team sports so, for a while we didn't have enough adult soRball fields.
They wanted to tear down trees at Lake Ann and build softball fields and now we have less teams then
we did 5 years ago. We have fewer teams than we did 10 years ago. And youth spot. is still the same.
way. Children are participating in highly sfimulatix~g computer games. Video games. Skate parks..
Those type of things and they're just dropping out of the standing in the'outfield waiting for the fly ball'
so that's the changing times.
Lash: Okay, under Meadow Green. We talked about playground replacement, that was funded for there
wasn't it?
Hoffman: When the time comes and these $40,000 probably won't do it. You should probably bump
that up to 50 because $10,000, well actually it's more/hah that. $15,000 ~ a border.
Lash: We might as well do it now.
Hoffman: The park sees a lot of use. People talk about if we could i ,reprove it with draintile, which
would be a major budget item- I don't see the activities going away down there. The neighborhood has
grown accustomed to it and the people just absolutely need it for their organized sports. Something to
look at.
Lash: Minnewashta Heights Park. Anybody have anything for that?
Hoffman: ff you have a chance to take a look, they've done such a nice job with their entryway
landscaping. Hud Hollenbeck and his group and the city planted trees on our side of the park. And so he
fought for his neighborhood, the association, very devisive argument. Tearing down what was there. It
was big and overgrown but it did provide a sound block to Highway 7. He persevered and they are very
15
Park and Rex; Commission Meeting - July 24, 2001
nice planting now. Worked with Jill Sinclair up there and they made a very nice addition to their
neighborhood so that's what counts.
Lash: Okay, North Lotus Lake. Anything for them? Didn't we talk about a trail at one time down.
Hoffman: At where?
Howe: Where the parking lot is.
Hoffman: It's in.
Lash: ...that was down along the lake kind of.
Hoffman: It's in.
Lash: Oh it's done, okay.
Hoffman: As part of their trail, and by the way. They love those trails that went in North Lotus, Carver
Beach. Neighborhood use out at North Lotus increased probably 30% because of that one single
amenity.
Lash: So while we're trying to figure what we should do.
Hoffman: Little neighborhood trail loops. They love them.
Lash: Okay, Pheasant Hill Park. Anything on that one?
Hoffman: It's a nice park. Jerry will talk to you about the skating rink later on. It's just not getting used.
Howe: Is that seeing more use now that those homes have gone in on the west side of Galpin? Does that
other park serve that other service area?
Hoffman: West side of Galpin.
Howe: Yeah, what do they call it?
Hoffman: The people that use that park are just immediately to the north of that.
Lash: How about Power Hill?
Hoffman: I don't think I've ever gotten a call on Phase II.
Lash: Yeah I would think that, if it' s not a demand thing.
Hoffman: It's pretty full right now and I don't think $20,000 would buy the Phase II in 2004 but.
Lash: I say we.
Howe: Get rid of it?
16
Park and Rec Commission Meeting - July 24, 2001
Lash: Yeah. If we get a call about it sometime...
-_
Franks: I know a lot of people that live over there and no one's said anything to me.
Lash: Well there just...space really.
Hoffman: There's a space in there for it. But it seems, every time I've been there it seems to work.
Lash: Okay. How about Prairie Knoll Park? That one's.
Hoffman: Colorful park.
Franks: Love that color.
Lash: Rainbow. Rainbow slides.
Pranks: ~an we get the bench up on the knoll?
Hoffman: Sure. Do we have a spot for it?
Franks: There's a spot up on the knoll..
Hoffman: We'll have to mow a trail up there.
Franks: Yeah, mow a trail.
Lash: That's all that was ever supposed to be there.
Franks: I want the bench up on the knoll. Every time I drive by or come by on the bike.
Lash: ...Rice Marsh Lake. I don't think they need anything either, do they?
Franks: No.
Lash: How long ago did they get their new playground?
Hoffman: Probably during the referendum, '98.
Lash: So they had their little funky shelter thai.
Hoffman: Yep, we built.
Lash: Round House, we got a little update from Destine so we'll have to wait and see on that. Anything
else for the park itself?. Should it not be Phase H to the playground?
Hoffman: There should be. They ask about that one a lot.
17
Park and Rec Commission Meeting - July 24, 2001
Lash: I know. 4 or 5? Probably some far out thinking that the round house itself isn't renovated, we
could just use the $40,000 for playground7
Hoffman: Sure. 2004, $30,000.
Lash: Don't tell anyone that that's the Plan B.
Hoffman: Consolation prize.
Lash: Anything else for Round House? We had. originally talked about hockey there. So that's
completely it?
Hoffman: No, still the plan. The park was designed for it. There's a space for a hockey board assembly
there, but with the question of the round house unresolved and if you have a warming house for there or
not. Currently we flood it for open skating so if the neighborhood, you know for the city to say okay
we're going to plunge $120,000, you're going to have to have a neighborhood group there banging on
your door to make that happen. I just don't see the City Council saying oh, yeah good idea to put in a
hockey rink. Has anybody been talking about that? The master plan has it and if people start saying hey,
this is the deal we want, let's get it done. I think for that kind of improvement, that's what it will take.
Lash: South Lotus. Anything on that? That's si.tting okay isn't it?
Hoffman: Nice park.
Lash:
Howe:
Howe:
Stone Creek. Mike?
Put a check there ori Phase II. It's done.
Anything else that you can think of that your wife desires.
No, nothing we can do.
Hoffman: Out of space. Out of money.
Howe:
No, it's fine. It's a wonderful park. The neighbors love it. Very heavy use.
That trail, is the bridge holding up good?
Howe: Yep, seems to be.
Lash: And no equipment down there...
Franks: ...and with that newest development going in, we secured another outlot to that development
contingent to Stone Creek Park.
Hoffrnan: Park dedication only. The outlot they kept and gave it to the homeowners. We thought we'd
get the whole Bluff Creek outlot, but they said nab. If you aren't going to pay us for it, we'll keep it.
Howe: ...building going on. Two houses it looks like to me going up.
18
Park and Rec Commission Meeting - July 24, 2001
Lash: So they gave it to the neighbors?
Hoffman: Yes.
Lash: And so?
Hoffman: It will stay in open space.
Lash; How about Sugarbusl~ That one's pretty much done, isn't it?
Hoffman: It has a Phase II but it's fairly brand new and we came in there and punched a whole ton on -
money in there right up front so I don't think anybody was.
Howe: I've see a fair amount of use when I drive down Cxalpin. There's usually cars there morning,
noon and night. Kids going in and people walking on the trails.
Lash: Okay, Sunset Ridge. Any calls on that?
Hoffman: No calls. We put a trail connector in them which has been received well and there's a hockey
rink slated there as well but I don't think it's going to be.
Lash: I don't think that's ever going to happen.
Franks: Are the apartments going hack them7
Hoffman: Yep. Power Ridge.
Franks: Power Ridge Apartments.
Hoffman: They're grading out there. That will be a neighbor to this.
Franks: So are we expecting that they there is going to be si~tynificant, because those are family a~t
units from what I remember. Are we expecting a. si~t, nificant increase in traffic and usage at Sunset Ridge
Park?
Hoffman: No, because they have such elaborate on site recreation component that people may go over
them for large sport activities and the other stuff. They're going to stay at the pool.
Franks: Okay, great.
Kelly: Could we go back to the...it was talking about pushing out the Phase II past 2004. I kind of think
Bandimere needs that stage II if the Phase I is for older kids because you've got the soccer families and
the baseball families there. The older kids are playing a sport. It'd be nice to have a facility where the
younger of the two, or the younger siblings can play while their older brothers and sisters are playing
soccer and baseball.
Lash: What did you say, it's almost, it'd be 5 to 127
19
Park and Rec Commission Meeting - July 24, 2001
Hoffman: Yeah. The tots, the 2 to 5 is the second. You have to separate them physically so. I had the
same thought Tom because there's lots of families out there. It'd be nice to put it in. They're going to
play on the one that goes up but it's not there for their site.
Howe: Get it out to 04.
Hoffman: The teams that come in from out of town, they just can't say enough about that park-
Unfortunately the entrance is the only down side.
Lash: I saw a nasty accident one day coming home from work. Yeah, it had just happened. The police
weren't even there yet. The people were rnnning all over.
Hoffman: Yeah. The one idea is to actually, one of the cause of these accidents is people are watching
the activity on the soccer field as they're driving south and so to screen that off with pine trees. And so
they have to concentrate on the, it's a much better intersection now with the islands and the traffic flow
but still people are making the error. They're turning before looking so.
Lash: How about some kind of, how about like lilac bushes or something. Pine trees take forever to
grow.
Hoffman: Yep, some kind of a hedge there and we can simply do that and just blind people and focus
them on the intersection. It will take until 101 is upgraded for that to be taken out of there and leveled
off. The intensity, the public outcry was just huge before the improvements to the intersection. Since
that time I've not talked to anybody but I'm well aware that accidents continue and near misses
continues, which is something we don't want to do. We want to promote health and safety, not traffic
accidents.
Lash: Well should we plunk some money in for landscaping?
Hoffman: That'd.be a great idea.
Lash: Like 20027
-Howe: Yeah, it should be soon.
Lash: That's a safety issue. Why don't you put some kind of figure in there... You know I love a row of
pine trees but it would take 15 years.
Hoffman: Lilacs would be great.
Franks: How about a row of buckthom?
Hoffman: No thanks.
Lash: Okay, then with the trail improvements.
Hoffman: This is where we have to add all those in.
2O
Park and Rec Commission Meeting - July 24, 2001
Lash: Yep, well and the Bandimere to Chan Hills one is deleted out which, I don't think any of us want
it deleted out. It needs to be moved to 200'L And the Whitetail Ridge Court to Lake Lucy Lane, I'm
having a little trouble remembering.
Howe: It's where Jay lives.
Lash: Was that that one?
Hoffman: Yep.
Franks: Through those back yards?
Hoffman: Yeah.
Lash: You mean, there wasn't really a big outcry to get it done, was there?
Hoffman: Just the one resident that called. That's why it was put on the agenda. The residents in
Whitetail from his neighborhood. Because we went out there that night.
Howe: There's more important trails.
Franks: Yes, I would agree.
Hoffman: In 2002 we're going to add the underpasses.
Howe: Yeah, I think those are im,nortant.
Lash: And the Marsh Glen. That was done?
Hoffman: It' s currently the city part of the trail, the plans are just about final.
Lash: Now that's the one, isn't it over by Mission ITllls?
Hoffman: It comes out of there. Our watershed permii is in applicati~n-f0r the watershed district We
have to culvert for a bridge across Riley Creek at that location, so that permit has been applied for, and
then currently working with the developer. We went out there to keep track of what was going on with
the easement between the lots. It wasn't graded. It-was supposed to be gra~0_e~l. There was a utility box
in the middle of it so we .called for a meeting and these things are so cute when you get out there. You
stand with the developer and you stand out there and you say, what's this utility box? I know. Who put
that utility box right there? Who did that? So he looks at his right hand man, who put the utility box
right there? Todd, I can't believe that. We'll have to take care of that. Can we move the trail around? I
said well, if it fits we can look at it but get it done. So they have their work to do and we have our work
to do and then.., this fall. Great connector.
Lash: And then Highway 101 one, that's north, correct? And who knows when that's ever going to
happen. Do we know?
Hoffm : We don't know. Tom Workman has secured a $250,00 DNR, quarter million or haft a
million? Half a million dollar DNR grant if we can get it done in 36 months.
21
Park and Rec Commission Meeting - July 24, 2001
Lash: I think quarter of a million, 250.
Hoffman: I think it was 5. What did he tell me today? Half a million I think.
Howe: For the trail?
Hoffman: Yeah, for the trail.
Franks: From the DNR7
Hoffman: Yeah. For trails and highway grant.
Lash: Way to go Torn.
Hoffman: But you've got to get the road built and you have to have it done and submit the hill in 36
months.
Franks: You mcan only as a par~ of the road reconstruction?
Hoffm,ru Correct.
Lash: Okay so on this we would need to add the other two connectors, correct?
Hoffman: The underpasses?
Lash: Yeah.
Howe: What do you figure, those are 150-2507
Hoffman: 250 and then the other one is closer, around 100. So 250 is the Lak~ Ann and Bluff Creek is
about $100,000. Those again am rough estimates. I want to secure those numbers through some
engineer estimates, feasibility studies.
Howe: Plus we want to do Bandimere to Chan Hills, right?
Fnmks: And we're still making that $200,000 for Bandimere to Chan Hills?
Hoffman: Probably 200 to 250. Again, if we, if you would like to see that happen I'd like to get those
feasibility studies prepared. See if the council, if they buy in the feasibility study, obviously they'd buy
into the capital.
Lash: Well that really is something that has to happen. It's got to happen and we can put it off as long as
we want to, it's just going to keep costing more and more money. It has to happen so.
Howe: Safety issue.
Kelly: I mean is it a Bandimere Park for the Springfield residents...to the south.
22
Park and Rec Commission Meeting - July 24, 2001
Lash: Yeah, it's one for everyone south to get to town. Or down to the park. If they're north, it gets
them to the park.
Kelly: And as a side benefit it will link up, it links up to the LRT trail. Because you go to the park and
get on the trail on 101 to Pioneer then take it right, because Eden Prairie's doing some nice work at that
trail entrance. ReaUy an LRT trail.
Franks: That trail down to the LRT at the lift station, that's all in now?
Hoffman: We built that and the city of Eden Prairie.
Lash: Anything else on the trails that anybody can think of? Okay, and then und~ basic other.
improvements. That's just always pretty much~
Hoffman: The skate park kids would like about 7 to 7,500 bucks which I don't see as a big issue to keep
that thing going in 2002.
Lash: Is that something the Chamber would be willing to pony up for?
Hoffman: There is no money in service groups. I mean they don't have charitable gambling. The
Chamber doesn't have $7,500. You know we would like to think that like this thing would be a Rotary
or a Lion's, but they just don't have the cash without the gambling. But something I would like you to,
keeping those groups involved in some smaller activities I think is just good community relations so, I
happen to be joining the Rotary so I think it's a good connection now in that group, and same thing with
the Lion's. We have Gary Boyle on the council who's a strong Lion's member. When you go to these
out state communities, I mean that's really a big part of the deal. They have Lion's Park, or Rotary Park
or they buy things and the Rotary has done, or the Lion's, they have donmed over $50,000 cash to the
lights at Field g4 and they have the money out there that was dedicated that evening and they keep
giving. They make about $5,000 in Christmas trees and they're going to send it up to city hall to pay for
their lights so.
12sh: They can make some pretty good money at the 4~' of July too.
Hoffman: The Rotary did. They made about $10,000.
Lash: And February Fest too.
..
Hoffman: Lion's. That's pretty small change, but the beer garden at the Rotary is the biggest money
maker for the year. They grossed about 14 and made about $10,000 cash in 4 hours.
Lash: Well the Rotary they can set up Bingo at the 4~ of July. They could make.
Hoffman: They just don't have enough me~. They barely have enough members to staff the beer
tent.
Lash: Okay. Anything else? We always have the basic stuff.
Hoffman: Yeah, trees and a lot of that stuff. Okay, I'll add it up and...
Park and Rec Commission Meeting - J'uly 24, 2001
RECREATION PROGRAMS: 4TM OF JULY CELEBRATION EVALUATION.
Franks: Thank you Chair Lash and members of the commission. Excuse me but I do have to leave to
relieve the babysitter, but before I go I'd like to make a comment on the 4~ of July celebration. I thought
it was great. Great celebration. Great fireworks display this year. It was fantastic. And I'm looking at
the suggestions for 2002, and I'm seeing under number 2, look at adding new and exciting activities and I
would propose that we really look at significantly expanding the offerings at the July 4e" festival to not
only be inclusive of families and small children. The children' s games, but really look at involving the
teens, older teens and younger adults in something more than the street dance and food vendors. The best
way I think to do that would be to consider, and maybe start looking into.adding a carnival vendor up in
City Center Park. You know if they're successful, it's not one that costs us. We actually would probably
the way I understand the system works, is we would actually end up generating revenue from the carnival
vendors so, so I really think that, I know I will be pursuing some various vendors and passing those onto
Jerry so he can take a look at them and hopefully he can come back with some information at a later date.
Hoffman: I support the concept.
Lash: That's why he wanted to leave. Drop that bomb and run.
Franks: Other than that.
Hoffman: Our family spent 8 hours at the...carnival. Those kids went absolutely nuts.
Franks: Absolutely nuts.
Hoffman: $15 bucks. Well it was 12 because pre-sales so, 12 bucks a kid and they went for 8 hours.
Mom and I just trapsed behind them. They had a blast.
Franks: And the Dippin Dots guy needs to bring way more material.
Lash: Did he run out?
Hoffman: He ran out, yeah. Ran out early.
Lash: I told him that the thing, at the Art festival to bring lots. He didn't believe me. He just thought I
was some dumb broad.
Franks: Thank you.
Hoffman: See you Rod. The Rotary served 40-16 gallon kegs in 4 hours. A lot of consumption. Did
you see the article in the paper? Got another call on that as well.
Lash: Actually I had a couple comments from folks who were concerned, not as much I don't think with
the overall consumption as underage consumption that they thought was going on. Personally I didn't
see it but, and how do you know. I mean people just looking around. There's 21 year olds that look
young so we don't know.
Hoffman: Well and they carded but then they could just buy beer and hand it out. So that's part of the
reason we're looking at these increased security measures with the fencing and this and that.
24
Park and Rec Commission Meeting - July 24, 2001
Lash: I had a couple comments too, and I know this probably is going to sound like old reggie comments
but, the volume of the ban& I thought the band was just way too loud. I don't know if that's s~
we can ask them if they can turn it down just a smidge or what.
Hoffman: We've asked them every year. This year the Rotary thought it was actually less so, I think
what we're going to do is just in the layout, ~ it larger and tell them to keep the volume to, they love
volume those bands. If you tell them to turn down their volume, I think it's like some sort of insult
because they, we say, I remember the Rotary really got hot on that about 3-4 years ago and I went right
up to these people and I said you know, we're writing your check. We want the volume down and they
almost ignored you so. Yeah, yeah, whatever.
Spizale: They couldn't hear you.
Hoffman: Yeah, they couldn't hear you so we'll work on that. It's a discussion I have evem'y year.
Lash: Okay. Anybody else have anything?
Kelly: I know a couple people asked me about the start time of the parade. They're wondering why is it
in the middle of the afternoon. If it's possible to move it up in the morning so it doesn't break up the day
as much as it does now. You don't get hit in the heat of the day either. I don't know if it's just tradition
that it's always in the afternoon or if you want to accommrdate the events that lead up to the.
Hoffman: Yeah, it was the acconnntxlafion of the events that led up to the parade but there's really
nothing sacred about that start time. You try to build up tradition but if it's the wrong tradition, you
know the best time to change it is the next yem-.
..
Lash: Food for thought.
Hoffman: Yeah. I've never heard that comment. It's something to think about.
Lash: It is. It does get hot.
Kelly: And it nap time for some of the younger, I mean people that have very young kids.
Lash: Well and it's little kids who really enjoy the pars_de. Older kids.
Hoffman: I know the one, another reason is the band that comes out of Waconia plays 3 parades in
Delano before it gets here and so if you want, that's been the only marching band which they've routinely
been able to contract with and you have to, they come here at our parade and then they leave hem and
they go to Apple Valley after that so that's one part of the tradition. For that marching band. Deb Kind
will no longer be the chair so there's a spot available for the parade chair so pass that word around. I
know some people did not like the longer route because people stopped playing once they got up to this
end of town and they wanted it changed back, but it can't change back because the library road will be
gone. So the route has to stay the longer route.
Lash: Okay. Anything else? Do you have anything else Tom? Jack, what did you think?
Park and Rec Commission Meeting - July 24, 2001
Spizaie: I thought the 45 of Suly thing was great. The fireworks were great. I think we were involved in
everything that was going on and we had an absolute bail both days. Big time.
Hoffman: The comment made at the Chamber luncheon today was that, you know our community
without a high school so people don't meet and greet at the Friday night games and they were talking,
what is it? What is it? What's the community event and they said it's the 45 of July. It's the one thing
we' ye got that we can hang our hat on so keep it going.
Lash: It's huge and it was great. Tell Corey it was a great job. His first time because he was nervous.
Everything went off. One little thing, and this could have just been because of the smaller tent and I
know a lot of tables and chairs'were set up outside because it was hot but it seemed like once the band
started there was kind of a mad rush to get chairs in the tent area.
Hoffrnan: There was.
Lash: Were we short on chairs or was there just that many more people?
Hoffman: More people. Same number of chairs but I think a bit more people. And smaller tent so.
Lash: Can we up the number of chairs?
Hoffman: Yep, absolutely.
Lash: You know when it's that hot people would probably sit outside of the tent anyway just as overflow
if we had enough for them
Hoffman: Yeah the whole layout will just be expanded. We saved $2,800 because, I think it was 28.
2,600 because we went with that smaller tent, but it ended up to be a mistake anyway. They have a larger
tent, this same company. It was up in Princeton or somewhere that day so we've already booked it for
next year. So it's still less expensive with this company but it's another 20 feet wide which we need.
And then we're just going to keep expanding it. I mean you look at the whole layout before it starts and
you say boy, it looks like a lot of room and by the time you pack ail those people in there and food and,
we had a couple of vendors drop at the last minute, and walking around that event and I talked to so many
people that say wow, look at the people. Look at how much money they're making. Can we do that?
You know softball associations and so we're going to try to keep blocking them in there and get them
over there. Everybody should serve. I mean look at the money you could make there in 4 hours.
Howe: How were the lines at the food vendors?
Hoffman: Long.
Howe: They were long again?
Lash: I had a hamburger and I walked right up and that was the Boy Scouts but that might have been.
Hoffman: Was that early?
Lash: Well it was before I started working so yeah. It was probably 6:00 maybe.
26
Park and Rec Commission Meeting - July 24, 2001
Kelly: We had a heck of a wait in line when we went both times.
Hoffman: And we had more than we did last year so we've just got to keep building it and keep. building
it. You know people like Frankie's or Dominoes, why can't they come out.
Howe: Subway. They could be making sandwiches for 3 days before. I mean people...who cares. They
eat it.
Hoffman: We're going to be actively out there seeking those people to con~. on up and.
Howe: Local people, they could make a lot of money.
Hoffman: A pizza vendor could make a ton of money that night.
Lash: Well Frankie' s has got one of those big rotmd things right? All they'd need is power. Load them
up and oh yeah.
Hoffman: So we'll be out there after them. I mean the complexity of this thing is you have to have
everything for 4 hours and so it takes a lot of set-up and a lot of this but that's the event. I mean people
want to have a good memory. We want people to have a good time there and so yeah, you have to puli
out all the stops for 4 or 5 hours but that's what they want.
Lash: How about the Girl Scouts? Do they, are they interested in games or food?
Hoffman: We sent it to all, we contacted all those groups and that'S why there was increased
participation this year from the hockey people and those type of people because we sent all those letters
out but.
Lash: They could order lots of extra cookies and sell cookies or something. I mean really anything
would sell. You know do we have somebody serving caramel apples don't we already? Get the Girl
Scouts to do that. You pgur in the apple and pour some caramel on it and sell it for $2.50.
Hoffman: The Mexican Fried Cake guy, he backed out so there was one .missing..
Howe: Who backed out?
Hoffman: Mexican fry cake. The batter. What do they call that thing?
Lash: Funnel cake.
Hoffman: Yeah, funnel cakes.
Lash: I was so busy working I didn't even get a chance to even get Dippin Dots.
Hoffman: So we'll get you a layout of the new site and how that is all going to work and.
Lash: Well I thought it was great. He did a great job and I liked seeing the little game things. Whatever
you call it.
Park and Rex: Commission Meeting - July 24, 2001
Hoffman: Community stuff.
Lash: Yeah. I mean easy fund raiser. It's so easy and there' s lots of places they could go. I still think
bingo would be huge. I mean huge. St. Hubert's or somebody to operate bingo, they'd make a ton.
Howe: Do they get a permit for that?
Lash: Yeah, I think you've got to get a gambling permit. They do it at their other thing but maybe one of
the other churches wants to. But we used to have it, or was that at Oktobeffest. Septembeffest.
Hoffman: Septemberfest, yeah.
Lash: And there was always people, people were always in there playing bingo.
Hoffman: That was the Rotary. Rotary bingo.
Lash: It wouldn't take that much to operate. Okay, anything else?
SELF-SUPPORTING PROGRAMS: FALL ADULT SOFTBALL.
Lash: Anybody have questions about that?
ADMINISTRATIVE: WESTWOOD COMMUNITY CHURCH.
Hoffman: Westwood Community Church is locating-west of Highway 41, off of Dogwood Avenue. I
don't know if you've seen those plans. I have them upstairs. I'll bring them down for you after the
meeting but.
Lash: Where is that?
Hoffman: I'll show you on the map, because the most interesting part.
Lash: Oh, it' s over by Lake Minnewash.ta,'right? Just north of Arboretum.
Hoffman: The main reason for talking about it would be the extension of, 41 comes down to 5 and the
new frontage road will stop right here. And this will be Pulte on both sides of the mad right here. Susan
Markert, that's her property. The little farm right here. And then Tanadoona, the Arboretum, right
across from this there' s two private lots and then the Arboretum owns all of this and then Dogwood
comes back to Lake Minnewashta over here. And the church bought all this property right in here. And
they're going to build their church up on the hill overlooking this low lying area, and then in the future if
they want to expand their other uses, their youth center and their expansion and those type of things, this
road has to continue. And so they have to buy these properties and extend West 78th back to here and
then there's going to be a large chunk of land that's going to develop here as well and so, you're going to
have another road, the extension of the parkway, so as all of this land develops, we start thinking about
well, where are these people receiving their recreational services. And what's going to happen hopefully
is that trail connection north to the regional park and we have 400 acres of park just north of there. So
there's no subdivision here so there's no opportunity for the city to acquire land or charge fees and the
people who consulted with the church, it's obviously, they could subdivide this for, and get some benefit
out of it but it's going to cost them a million dollars in park and trail dedication fees and they're not
28
Park and Rec Commission Meeting - July 24, 2001
going to do it. So no subdivision. Identical to Eckankar. When Ecimn~r went in, no subdivision
because tben the park board has access to those dedication dollars so we don't have to formally review
this but I wanted to bring it to your attention so you're aware when people are how talking in the street
that this thing is coming in. A big chunk of land. Many of our residents are members out there.
Growing church. Probably the largest church in the city next to St. Hubert's by the time it's ail said and
done.
Howe: When are they starting on that Todd?
Hoffman: I think they'll start on it next spring.
Lash: Just since you brought up Ecksnksr, and this is not on our agenda at all but when they put in their
request for all the different things that they wanted to do, that didn't require any kind of change of
anything for them?
Hoffman: They were approved for that in their original proposal. For those buildings.
Lash: In their original proposal?
Hoffman: They had to go through a, I'I1 have to ask what the process was.
Lash: Is there anybody left besides you around here?
Hoffman: Gerhardt.
Lash: R'd be interesting for somebody to, and I'm assuming when they made this requ~, it was done
and actually I mentioned it to one of our former city council membem at the time when that was on their
agenda but it really sticks in my mind that their conditional us~ permit was based on th~ fact' that they
would never approach the city for any other additions to their ~ building and that was a condition put
on at the time of that approval. And that if they ever came back and asked that their conditional use
permit would be pulled. I was really surprised when that went through with not even a blink_
Hoffman: Not even a question, yeah.
Lash: Yeah.
Hoffman: Nine buildings I think.
Lash: I was just really shocked that that went through because I Was pret~ involved at that time in that
whole thing because I live right there and I usually have a pretty good memory for that kind of stuff.
Hoffman: Usually.
Lash: I could be mistaken but I'd be interested in seeing...because I was surprised it went throu~
Okay.
COMMISSION MEMBER COMMITrEE REPORTS.
Lash: You got anything Mike?
29
Park and Rec Commission M~ting - July 24, 2001
Howe: Race committee. Just a brief meeting. I need volunteers. If you don't want to nm in the race or
walk the race, I do need some volunteers. Now I don't know exactly what you'll be doing but.
Lash: Prize board?
Howe: You have a great memory. I'll find something for you, so I need some volunteers. Things can
still continue to gel with the Vikings.
Lash: Have you registered Vikings?
Howe: Yeah, they'll be there. And the cheerleaders. Butthat's really all. Get your application in if '
you want to nm. So that's all I have.
Spizale: What's the date on that?
Howe: September 15'~.
Kelly: I think the Chaska Run is this Saturday or Sunday.
Howe: In River Days or something?
Kelly: Yeah.
Howe: ...Thank you, that's all I.had.
Lash: Go back to reports for just one second. Sorry Mike. Did we book Casablanca for next year?
Hoffman: I don't know. I'll ask. I assume so.
Howe: I think we did. I think he said he did already in the packet.
Hoffman: If they're still in business, we need them back.
Lash: I think they're playing in Chaska on Saturday night.., so they're copying us.
Hoffman: Noooo, not Chaska.
Lash: Any other committee reports? Gee I wish I had something to say about Memorial Park. Do we
even have a committee anymore?
COMMISSION MEMBER PRESENTATIONS:
Lash: Commission member presentations. Tom, you got anything?
Kelly: No.
Lash: Michael?
3O
Park and Rec Commission Meeting - July 24, 2001
Howe: No.
Lash: Jack? I don't either.
ADMINISTRATIVE PACKET.
Lash: Administrative packet. Anybody have any?
Howe: Just a couple comments. On the picnic evaluations. Some friends of mine and neighlxa's were at
Lake Susan and I haven't been there in a while. Maybe it was the heat or the sun. The beach they said
was pretty crappy, I guess that might not be the word I'd used officially but with the birds and I think the
water. I know that's a small, shallow lake and the water gets that green tinge so I haven't seen it but I did
have a few people tell me that. It was the beach, they didn't really, I mean I think they had a good time.
It was a hot day but the beach was not in the shape I would thinir it should have been. My understanding
with birds and with the way it was, with the sunlight and the weather we've had, could be a possibility.
Hoffman: At Lake Susan it's not just possible. It's inevitable. We were so aware of that when we put
that beach in that there was never a beach there but then reanember the neighbors said yeah, let's put it in.
Let's put it in.
Howe: That's what I said.
Hoffman: And early in the season I might go in there. Later in the season, it's crappy at Lake Susan.
No doubt about it. And there's nothing we can do about that. The water quality, I mean we can take a
look at it if we need to rake the beach, we'll do that. I'll let the guys know about that but I'm not
surprised to hear that comment.
Lash: So before we adjourn let's look at the couple of handouts that we just got tonight. The one about
the Fox Chase thing. Anybody have anything on it?
Howe: No, I expect to be there because I do the August 13'" City Council meeting. I'll be there to see
what's going on. This is the place we looked at between the two houses, right?
Lash: Or it's too close to the house. :
Howe: Alright.
Hoffman: A lot of jockeying going on.
Howe: Really?
Hoffnmn: Oh yeah.
Lash: Well I guess I'm kind of surprised after everything that we went through with this, I know it was
several years ago but we kind of eliminated, I can't even remember right off now but I know we
eliminated the concept of having an L and go down to the lake. We'd have them just go out to Mohawk,
and that was our recommendation. Correct?
Hoffnmn: Correct.
Park and Rec Commission Meeting - 1uly 24, 2001
Lash: So then it went to the City Council and I was them that night with all the neighbors and so then
they went back to this plan.
Hoffman: They wanted the L.
Lash: Because that's what the neighbors wanted.
Hoffman: Correct.
Lash: I'm trying to remem~r why we enminatea the L. Was it a cost factor or was it that we didn't
figure we could have the easement if we, we were trying to move it off of our...
Howe: Did they move? Are they still there7
Hoffman: Yep, they're still there. Yeah, that was a negotiation to remove it. Take the burden off of
them. Put it over onto the Hedlund's but for that the Hedlund's would get rid of the other one down to
the lake.
Lash: Right. So how did this all fall, I just sort of feel like you know people came and talked to us. We
took what they said at face value and we made our recommendation based on what they said, and then all
of a sudden. Well not all of a sudden. A couple years later they go to the City Council and did an about
face on it.
Howe: 360.
Lash: Yeah, so then we kind of end up looking like either we weren't listening to people or we don't
know what we' re doing.
Hoffman: It's still 100% up in the air. It's still, they could change completely again at this meeting next
Monday night and then what they want is a complete consensus. Well that is never going to happen.
And so the people, they're going to come up with something that they want to present to the City Council
on that night. There's going to be some people that walk away that aren't happy that can still come down
to the City Council and say we still don't like what you got going here so. It's just so dynamic. We
made a recommendation and the people stood up that liked the recommendation and said we-want to
change. And they changed. Council said let's change. And then the council said to present a plan so we
presented a plan and then they changed, they didn't like that. They changed again so it' s one of those,
it's why it's been around for 12 to 13 years.
Lash: I guess my frustration isn't necessarily with the residents or what, it's sort of the process that
again, they're just going directly to the City Council and so why are we here? If people are going to just
go straight to the City Council and take care of the business there. What are we doing?
Hoffman: Well, we went through the process. We made a recommendation and then, now there's this
negotiation taking place at the council level. There's not a lot of heat about that.
Howe: A couple years ago?
Hoffman: Two years ago.
32
Park and Rec Commission Meeting- July 24, 2001
Howe: The house wasn't built on that one lot.
Hoffman: It's still not.
Howe: It's still not. People stir use, they're using the trail now. It's not officially graded or paved.
Hoffman: Correct.
Lash: Okay. And then on the Round House thing with Deanna, I guess we just have to wait and see.
Yeah, it's like we're down to the wire. 'Okay, and we talked about...the dog run.
Hoffman: Yeah, why don't we just all take a look at those sites when we're driving around. Dog park.
Lash: And then it looks like we're...geese.
Hoffman: Yeah, what the goose report says is that there's not as many geese in town. What'd they
catch? 44 or 60. Normally they catch 2 to 3 times that many.
Lash: Usually that many at one location.
Hoffman: So between the removal program, the fall, early hunting season and the fact that it was a wet
spring, these geese laid their eggs and they were drown. So the water comes up that high and so it was
poor nesting across the state this year so the goose population, was reduced by that.
Lash: Good. Okay, anybody have anything else7 Nothing? Todd,. do you have anything else? Is .them a
motion to adjourn?
Howe moved, Spizale seconded to adjourn the Park and Recreation Commt~odon meeting. All
voted in favor and the motion carried.
Submitted by Todd Hoffman
Park and Recreation Director
Prepared by Nann Opheim
33
CITYOF
CHANI]gSEN
O0 O~ C~ur Dri~
PO Box147
~ Minnesota 55317
952.93Z1900
952.93Z5739
952.93Z9152
952.934.2524
lVlEMO~~
TO:
FROM:
DATE:
SUBJ:
Teresa Burgess, City Engineer
September 18, 2001
Approve Amendment to Development Contract for Powers Ridge
Apartment Homes - Project No. 00-04
In conjunction with the sale of the property previously platted as Powers Ridge
Apartment Homes, the developer has requested modifications to the development
contract. Specifically, the changes involve the name of the developer. The
conditions of approval remain as previously approved on April 10, 2000. The
developer, Lake Susan I-IilN, is transferring the development responsibilities to the
new owner, Powers Ridge, LI.C. Attached is a revised development contract
incorporating these changes.
It is therefore recommended that the City Council approve the revised
development contract dated September 24, 2001.
jills
Attachment: Revised Development Contract
c:
Sharmin Al-Jaff, Senior Planner
Tom Ries, Powers Ridge T.I.C
Approved by C~.'y Engh~er
Approved by City Council
·
CITY OF CHANH. ASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
POWERS RIDGE APARTMENT HOMES
DEVELOPMENT CONTRACT/PUD AGREEMENT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
Ii
2.
3.
4.
5.
6.
7.
8.
9.
10.
REQUEST FOR PLAT APPROVAL ............................................................................ SP-1
CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1
ZONING ........................................................................................................................ SP-1
DEVELOPMENT PLANS ............................................................................................ SP-1
IMPROVEMENTS ........................................................................................................ SP-2
TIME OF PERFORMANCE ......................................................................................... SP-2
SECURITY .................................... ~ ............................... ~ ............................................... SP-2
NOTICES ....................................................................................................................... SP-3
OTHER SPECIAL CONDITIONS ................................................................................ SP-3
GENERAL CONDITIONS ............................................................................................ SP-6
GENERAL CONDITIONS
,
2.
3.
4.
5.
6.
7.
7A.
,
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
RIGHT TO PROCEED .................................................... , ............................................ GC-1
PHASE DEVELOPMENT ..................... ; ..................................................................... GC-1
EFFECT OF SUBDIVISION APPROVAL .................................................................. GC-i
IMPROVEMENTS ................................................................ : ...................................... GC-1
IRON MONUMENTS ....................................................... -. .......................................... GC-2
LICENSE ...................................................................................................................... G-C-2
SITE EROSION CONTROL ........................................................................................ GC-2
EROSION CONTROL DURING CONSTRUCTION OF A DWELl.lNG OR OTHER
BUILDING .................................................................................................................... GC-2
CLEAN UP ................................................................................................................... GC-9-
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3
CLAIMS ........................................................................................................................ GC-3
PARK AND TRAIL DEDICATION ............................................................................ GC-3
LANDSCAPING .......................................................................................................... GC-3
WARRANTY ............................................................................................................... GC-4
LOT PLANS ................................................................................................................. GC-4
EXISTING ASSESSMENTS ....................................................................................... GC-4
HOOK-UP CHARGES ................................................................................................. GC-4
PUBLIC STREET LIGHTING ..................................................................................... GC-4
SIGNAGE ..................................................................................................................... GC-4
HOUSE PADS .............................................................................................................. GC-4
RF_3PONSIBIL1TY FOR COSTS ................................................................................. GC-4
DEVELOPER'S DEFAULT ......................................................................................... GC-6
MISCELLANEOUS
A. Construction Trailers ........................................................................................ GC-6
B. Postal Service .................................................................................................... GC-6
C. Third Parties ...................................................................................................... GC-6
D. Breach of Contract ............................................................................................ GC-6
El
F.
G.
H.
I. .
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Severability ....................................................................................................... GC-6
Building Permits ............................................................................................... GC-7
Waivers/Amendments ....................................................................................... GC-7
Release .............................................................................................................. GC-7
Insurance ........................................................................................................... GC-7
Remedies ........................................................................................................... GC-7
Assignability ..................................................................................................... GC-7
Construction Hours ........................................................................................... GC-7
Noise Amplification .......................................................................................... GC-8
Access ............................................................................................................... GC-8
Street Maintenance ............................................................................................ GC-8
Storm Sewer Maintenance ................................................................................ GC-8
Soil Treatment Systems .................................................................................... GC-8
Variances ........................................................................................................... GC-8
Compliance with Laws, Ordinances, and Regulations ...................................... GC-8
Proof of Title ..................................................................................................... GC-9
Soil Conditions ................................................................................................. GC-9
Soil Correction ............................................................................. : .................... GC-9
Haul Routes ............................................................................................................ GC-9
Development Signs ................................................................................................ GC-9
Construction Plans ................................................................................................. GC-9
CITY OF CltANHASSEN
DEVELOPME~ CONTRACT/PUD AGREEMENT
(Developer ~n~dled Improvements)
POWERS RIDGE APARTMENT HOMES
SPECIAL PROVISIONS
AGREEMENT dated September 24, 2001 by and between the CITY OF CHANHASSEN,
a Minnesota municipal corporation (the "City'r), and, Powers Ridge I.IC, a I.imited Liability
Corporation (the "Developer").
1. Request for Plat Approval The Developer has asked the City to approve a plat for
POWERS RIDGE APARTMENT HO~ (refmTed to in this Contract as the '~plat"). The land is
legally described on the attached Exhibit "A".
2. Conditions of Plat Approval The City hm'eby approves the plat on condition that
the Developer enter into this Contract and furnish the security required by it.
3. Zoning. The land included in the plat is zoned pummnt to a Planned Unit
Development (PUD) zoning classification dated November 16, 1987 as amended (the "PUD").
Except as specifically modified he~'ein, the uses, requirements, and standards of the "PUD", as may
be amended, shall apply to the subject property.
4. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, at~ entering the Contract, but before commencemealt of
any work in the plat. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A:
Final plat approved APril 10, 2000, p/epared by Loucks & Associates.
Plan B:
Grading~ Drainage and Erosion Control Plan dated April 3, 2000, revised April 10,
2000, prepared by Loucks & Associates.
Plan C:
Plans and Specifications for Improvements dated April 3, 2000, revised April 10,
2000, prepared by Loucks & Associates.
Plan D:
Landscape Plan dated March 2, 2000, revised April 4, 2000, prepared by Damon
Farber Associates.
SP-1
5. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Bituminous Trail
E. Site Gradin~estoration
F. Underground Utilities (e.g. gas, electric, telephone, CATV)
G. Setting of Lot and Block Monuments
H. Surveying and Staking
I. Landscaping
J. Erosion Control
6. Time of Performance. The Developer shall install all required improvements by
November 15, 2001. The Developer may, however, request an extension of time from the City. If
au extension is granted, it shall be conditioned upon updating the security posted by the Developer
to reflect cost increases and the extended completion date.
7. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit from a bank or cash
escrow ("security") for $452,370.00. The amount of the security was calculated as 110% of the
following:
Traffic Signal Escrow
$ 2,000.00
Site Grading/Restoration
$105,600.00
Sanitary Sewer $ 28,315.00
Watermain $ 24,390.00
Storm Sewer, Drainage System, including cleaning and maintenance
$ 78,092.00
Bituminous Trail $ 14,450.00
Erosion control $ 12,000.00
Engineering, surveying, and inspection
$ 18,400.00
Landscaping
$130,000.00
TOTAL COST OF PUBLIC IMPROVEME~S
$ 413:247.00
SP-2
This breakdown is for historical reference; it is not a restriction on the use of the semn'ity. The
security shall be subject to the approval of the City. The security shall be for a term ending
December 31, 2001. The City may draw down the security, without notice, for any violation of the
terms of this Contract. If the required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also draw it down. If the security is drawn
down, the draw shall be used to cure the default. With City approval, the security may be reduced
from time to 6me as financial obligations are paid, but in no case shall the security be reduc~ to a
point less than 10% of the original amount until all improvements are complete and accepted by the
city.
8. Notice. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Mr. Thomas Ries, Partner, Powers Ridge 1J,C
7600 Parklawn Avenue, g200
Edina, MN 55435-5174
Telephone: 612-835-7600
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
.mailed to the City by registered marl in care of the City Manager at the following-address:
Chanhassen City Hall, 690 City Center Drive, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (612) 937-1900.
9. Other Special Conditions.
A.
Park and trail dedication fees shall be paid in lieu of parkland dedication. The PUD
contract requires no trail fees and ½ park fees.
Bi
Landscaping along the south property line shall be installed with Phase I at~er review and
approval by the City Forester. Applicant shall increase understory tree plantings in the
north property line buffer yard in order to meet minimum ordinance requirements.
C. Fire Marshal conditions:
Install post haaicator valves (P.LVs). Contact the C'hanhassen Fire Marshal for
exact location.
0
A 1 O-foot cie, ar space must be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, NSP, US West, cable TV and transformer boxes. This is to
ensure that fire hydrants can be quickly located and safely operated by firefighters.
Pursuant to Chanhassen City Ordinance 9-1.
SP-3
D,
.
Comply with Chanhassen Fire Department Policy regarding fire department notes
to be included on all site plans. Pursuant to Chanhassen Fire Department Policy
#04-1991. Copy enclosed.
.
Contact the Chanhassen Fire Marshal for exact location of fire lane signs and
curbing to be painted yellow. Pursuant to Section 904-1 1997 Uniform Fire Code.
.
Required access. Fire apparatus access roads shall be installed pursuant to
Section 902.2.1 of the 1997 Uniform Fire Code. In reviewing the plans, because
access cannot meet fire code requirements, the following additional fire protection
shall be required:
-a.
Attic spaces shall be sprinklered per NFPA 13.
Class 1 standpipes shall be installed in stair towers.
The exterior balconies shall be protected by the fire sprinkler system.
.
Water supplies for fire protection shall be installed and made serviceable prior to
and during the time of construction. Pursuant to Uniform Fire Code Section.
901.3.
1
Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to
provide all weather driving capabilities. These surfaces shall be provided for prior
to construction. Pursuant to 1997 Uniform Fire Code Section 902.2.2.2.
,
Comply with Chanhassen Fire Department Policy regarding premise
identification. Submit plans to Fire Marshal for review of building identification.
Pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-
1992.
Building Official conditions:
1. The buildings must be protected with automatic fire sprinkler systems.
,
An accessible route must be provided to all buildings, parking facilities, public
transportation stops and all common use facilities.
,
All parking areas, including parking garages, must be provided with accessible
parking spaces dispersed among the various building entrances.
e
Accessible dwelling units must be provided in accordance with Minnesota State
Building Code Chapter 1341.
,
The building owner and or their representatives should meet with the Inspections
Division as soon as possible to discuss plan review and permit procedures. In
SP-4
E,
Fe
G,
H.
J.
C.
m.
particular, the locations of the property lines must be reviewed prior to final plat
to address allowable building area and exterior wall protection requirements.
The developer shall supply the City with a detailed haul route for review and approval by
staff for materials imported to or exported from the site. If the material is proposed to be
removed off site to another location in Chanhasse~ that property owner will be required
to obtain an carthwo~ permit from thc City.
All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc-mulched or wood fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management Practi~ Handbook.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Carver County Public Works, Watershed District, Metropolitan Environmental
Service Commission, Minnesota Department of Health, and Minnesota Pollution control
Agency and comply with their conditions of approval.
No berming shall be permitted within the city' s right.of .way. A 2% boulevard grade must
be maintained. Landscaping may be permitted subject to staff review and approval.
The utility improvements located within the main drive aisles and trunk storm drainage
lines upon completion shall become City maintained and owned. The individual sewer
and water services through each lot shall be privately owned and maintained. Building
permits will be required from the City's Building Department for the private utility
portion of the project. Drainage and utility easements shall be dedicated over the public
utility lines located outside of the fight-of-way on the final plat. Depending on the depth
of the utilities, the minimum drainage and utility easement width shall be 20 feet wide.
Consideration for ms routes to the ponds for maintenance proposes shall also be
incorporated in the easement width.
The developer shall escrow with the City a financial guarantee for a share of the local cost
participation based on traffic generated from the site for a future traffic signal at the
intersection of Lake Drive West and Powers Boulevard. The cost of the traffic signal is
not known at this time. Preliminaxy estimates between the City and County shall be used
for a security escrow.
The applicant shall report to the City En~neer the location of any drain tiles found during
construction and shall relocate or abandon the drain tile as directed by the City Engineer.
All retaining walls in excess of 4 feet in height will need to be en~neered and require
building permits. All retaining walls over 4 feet in height should be protected with fences
and/or landscaping materials to prevent children from falling off the walls.
The drive aisles shall be a minimum of 24 feet wide and 26 feet wide when adjacent to
parking stalls and built to 7-ton per axle weight pursuant to Ordinance 18-57 o-1 and 20-
SP-5
1101. Parking lots shall be designed and constructed in accordance with section 20-1118.
Cross-access easements will need to be prepared and recorded by the developer over the
lots in favor of the property owners.
N~
The proposed high-density residential development of 6.6 net developable acres is
responsible for a water quality and water quantity connection charge. The applicant has
provided water quality ponds to treat 18.6 acres which will reduce these fees. The
developer shall be responsible for a total SWMP fee for Phase I of $3,742. These fees are
payable to the City prior to the City filing the final plat.
O,
The applicant shall re-seed any disturbed wetland areas with MnDOT seed mix 25 A, or
an approved seed mix for wetland soil conditions.
Pm
There shall be a tree conservation easement on the southerly 137 feet of the south
property line.
Q. The berm on the south property line shall be extended 25 feet to the west.
R,
The applicant shall work with staff in revising construction plans in general accordance
with the City's Standard Specifications and Detail Plates. Staff shall administratively
approve the final set of construction plans after corrections have been made.
Si
Access to the project shall be limited to Lake Drive West shown on the plans. The
developer shall be responsible for any/all r~location or repairs to city street lights,
draintile and appurtenances along Lake Drive West impacted by site construction. The
boulevard along Lake Drive West shall be restored with sod.
10. General Conditions. The general conditions of this Contract, approved by the City
Council on February 23, 1998 are attached as Exhibit "B" and incorporated herein.
SP-6
(SEAL)
CITY OF CHANHASSEN
BY:
Linda C. Ians~ Mayor
Todd Gerhard~ City Manager
DEVRIOPEK:
BY:
Thomas A. Ries, Partner
BY:
James A. Lamson, Partner
STATE OF MINNESOTA )
COUNTY OF CARVER )
( SS.
The foregoing instmmont was acknowledged before me this __ day of ,
2001, by Linda C. Jansen, May~r, and by Todd ~t, City Managor, of the City of Chanhasse~,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
NOTARY PUBLIC
STATE OF IVIINNESOTA )
COUNTY OF ,)
($$.
The foregoing instrument was acknowledged before me this __ day of ,
2001, by Thomas A. Ries and James A. l_zmsoth partners of Powm's Ridge, L112, a limited liability
corporation.
DRAFrED BY:
City of Chanhassen
690 City C~nter Drive
P.O. Box 147
Chanhasser~ MN 55317
(952)93%1900
NOTARY PUBLIC
SP-7
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
SP-8
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXI:I~IT "B"
G .N Rtm C.ONDITI..O. NS
1. Right to Proceed. Within the plat or lmnt to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until all the following conditions have
been satisfied: 1) this agreement has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been rec~qved by the City, 3) the plat has been
recorded with the County Recorder's Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the
Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not
pmce~ until Development Contracts for such phases are approved by the City.
3. Effect of Subdivision Approval. For two (2) years from the date of this Contract,
no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or affect the use, development density,
lot size, lot layout or dedications of the approved plat unless required by state or federal law or
agreed to in writing by the City and the Developer. Thereaf~, notwithstan~ anything in this
Contract to the contrary, to the full extent permitted by state law the City may require compliance
with any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
4. Improvements. The improvements specified in the Speeial Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent registered professional
engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all
necessary permits from the Metropolitan Council Environmental Services and other pertinent
agencies before proceeding with construction. The City will, at the Developer's expense, have one
or more construction inspectors and a soil engineer inspect the work on a full-or pm-time basis.
The Developer shall also provide a qualified in~eetor to perform site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City F,,ng/neer. The Developer shall
instruct its project en~neer/inspeetor to respond to questions from the City Inspector(s) and to
make periodic site visits to satisfy that the consmmfion is being performed to an acceptable level of
quality in accordance with the engineer's design. The Developer or his engineer shall schedule a
preconstmction meeting at a mutually agreeable time at the City Council chambers with all parties
concerned, including the City staff, to review the program for the construction work. Within sixty
(60) days after the completion of the utility improvements and base course pavement and before the
security is released, the Developer shall supply the City with the following: (1) a complete set of
reproducible Mylar as-built plans, (2) one complete full-size sets of blue line as-built plans and two
sets of reduced 1 l"xlT" as-built plans, (3) two complete sets of utility tie sheets, (4) location of
buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs
including draintile cleanouts, and (6) bench mark network.
5. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City' certifying that the monuments
have been installed.
6. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
7. Site Erosion ControL Before the site is rough graded, and before any utility
construction is commenced or building permits are issued, the erosion control plan, Plan B, shall'be
implemented, inspected, and approved by the City. The City may impose additional erosion control
requirements if they would be beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion at the Developer's expense. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developers and City's rights or obligations hereunder. No development will be allowed and no
building permits will be issued unless the plat is in full compliance with the erosion control
requirements. Erosion control needs to be maintained until vegetative cover has been restored,
even if construction has been completed and accepted. After the site has been stabilized to where,
in the opinion of the City, there is no longer a need for erosion control, the City will authorize the
removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion control measures. _ '-
7a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City
Code § 20-94.
8. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, fi.om streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
9. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of tho work and construction required by this Contract, the improvement~ lying within
public easements shall become City property. Af~ completion of' the improvements, a
representative of the contractor, and a representative of the Developer's en~neer will make a final
inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that all work is satisfy completed in accordance with the approv~
plans and specifications and the Developer and hi~ engineer shall submit a written statement to the
City Engineer eertif3~g that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be providecL Final acceptance of
the public improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from laborers, matefialrneah or
others that work required by this Conlxaet has been performed, the sums due them have not been
paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees
posted with the City, and if the claims are not resolved at least ninoty (90) days before the security
required by this Contract will expire, the Developer hereby authoriz~ the City to commence an
Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,
to draw upon the letters of credit in an mount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine attorneys' fees.
..
11. Park and Trail Dedication. At the time of issuance of buildi~ permits for
construction, the Developer, its successors or assi~, shall pay to the City the park dedication fees
then in force pursuant to Chanhassen City Ordinances and City Council resolutions. One-third
(1/3) of one-half (1/2) of the park cash contn'bution shall be paid contemporaneously with the City's
approval of the subdivision- The balance, calculated as follows, shall be paid at the time building
permits are issued: rate in effect when a building permit is issued minus the amount previously
paid.
12. Landscaping. Landscaping shall be install~ in accoManc~ with Plan D. Trees
which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half
(2½) inches caliper, either bare root in season, or balled and burlapped. The trees may not be
planted in the boulevard (area between curb and propa~ line). In addition to any sod required as a
part of the erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area
and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed
or sod shall also be placed on all disturbed areas of the lot~ If these ira.movements are not in place
at the time a certificate of occup~ is requested, a financial guarantee in the form of cash or letter
of credit shall be provided to the City. These conditions must then be complied with within two (2)
months af~ the certifi~ of occupancy issued, except that if the certifi~ of occupancy is issued
between October 1 through May 1 these conditions must be complied with by the following July
1st. Upon expiration of the time period, inspections will be conducted by City staff to verify
satisfactory completion of all conditions. City staff will conduct inspections of incomplete items
with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory
inspection, thc financial guarantee shall be returned. If the requirements are not satisfied, the City
may use the security to satisfy the requirements. The City may also use the escrowed funds for
maintenance of erosion control pursuant to City Code Section 20-94 or to satisfy any other
requirements of this Contract or of City ordinances. These requirements supplement, but do not
replace, specific landscaping conditions that may have been required by the City Council for project
approval.
13. Warranty. The Developer warrants all work required to be performed by it against
poor material and faulty workmanship for a period of two (2) years after its completion and
acceptance by the City. All trees, grass, and sod shall be warranted to be alive, of good quality, and
disease free at the time of planting. All landscape plantings shall be warranted for eighteen (18)
months from the time of formal acceptance by the City. The Developer or his contractor(s) shall
post a letter of credit or other security acceptable to the City to secure the warranties at the time of
final acceptance.
14. Lot Plans. Prior to the issuance of building permits, an approved site plan
including Grading, Drainage, Erosion Control, Silt Fences, and Tree Removal Plan shall be
submitted for each lot for review and approval by the City En~ueer. Each plan shall assure that
drainage is maintained away from buildings and that tree removal is consistent with development
plans and City Ordinance.
15. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
16. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and
water trunk availability to the site and the hook-up charges established by the City as reasonable
compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said
hook-up charges are collectible at time of building pem~t unless a written request is made to assess
the costs over a four year term at the rates in effect at time of application.
17. Public Street Lighting. The Developer shall have installed and pay for street lights
in accordance with the approved site plan
18. Signage. All street signs, mffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the Developer at the sole expense of the
Developer.
19. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
20. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the
installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead
for items such as review of constxuction documents, preparation of the Development Contract,
monitoring construction progress, processing pay requests, processing security reductions, and final
acceptance of improvements. This fee does not cover tho City's cost for co~on ingpections.
The fee shall bo calculated as follows:
i)
if tho cost of the construction of public i ~mpwvements is less than
$500,000, thr~ plarxa~ (3%) of construction costs;
if the cost of the construction of public i .mprovements is botween
$500,000 and $1,000,000, three percent (3%) of co~on costs
for the first $500,000 and two percamt (2%) of construction costs
over $500,000;
if the cost of the construction of public i ~m1~rovements is over
$1,000,000, two and one-half percent (2~%) of consmmtion costs
for the first $1,000,000 and one and Oho-half percent 0½%) of
consmmfion costs over $1,000,000..
Before the City si~s the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. Ai~ eonsm~on is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administ~%e fee, the Developer shall reimburse the City for
all costs incurred by the City for co--on ost wm be periodically
billed directly to the Developer based on the actual progress of the construction- Payment shall be
due in accordance with Article 20E of this Agreement.
C. The Developer shall hold the City and its officexs and employees haxmless from
claims made by itself and third parties for damages sustained or costs ineuxred resulting from plat
approval and development. The Developer shall indemnify the City and its o~cers and employees
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Conlxaet, iucluding en~n~ and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days ~er receipt If the bills are not paid on time,
the City may halt all plat development work and consmmtion, incl~ but not limited to the
issuance of building permits for lots which the Developer may or may not have sold, until the bills
are paid in full. Bills not paid within ~ (30) days shall accrue ~ at the rate of 8% per year.
F. In addition to the charges and special assea, nnents referred to herdn, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ("SAC"), City water connection charges, City sewer connection charges, and building
p~'mit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base fries, and
converting the plat and record drawings into an electronic format.
21. Developer's Default. In the event of default by the Developer as to any of' the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer is
first given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
22. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre-constmcti0n meeting for
installation of public improvements. Trailers shall be removed from the subject property within
thirty (30) days following the acceptance of the public improvements unless otherwise approved by
the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the tenus of this Contract by the Developer
shall be grounds for denial of building permits, including lots sold to third parties. The City may
also issue a stop work order halting all plat development until the breach has been cured and the
City has received satisfactory assurance that the breach will not reoccur.
E. Sevembilit2g. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
GC-6
F. Building Permits. Plumbing permits may not be issued in the plat until sanita~
sewer, watermain, and storm sewer have been installed, tested, and accepted by thc City.
Certificate of ~pancies shall not be issued until thc streets needed for access have been paved
with a bituminous surface and thc site graded and revegetated in accordance with Plan B of the
development plans.
O. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contzac~ To be binding, amendments or waiv~
shall be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
H. Release. This Contract shall run with the land and may be record~ against the
title to the property. After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Cex'dficate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certifica~
applicable to an individual lot allowing a minimum often (10) days for processing.
L Insurance. Developer shall take Out and maintain until six (6) months atter the
City has accep~ the public improvements, public liability and pmpe~y damage insurance covering
personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or ~y employed by any
of them. Limits for bo .dily injury and death shall bo not less than $500,000 for one person and
$1,000,000 for each occurrence; limits for property damage shall be not'less than $500,000 for each.
occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as
an additional insured on the policy, and the Developer shall file with the City a czrtificate
evidencing coverage prior to the City signing the plat. The ~cate shall provide that the City
must be given ten (10) days advance written notice of the cancellation of the insurance. The
certifica~ may not contain any disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein confen'ed upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
h~mat~ arising, available to City, at law or in equity, or under any other agreem~ and each and
every fight, power and remedy herein set forth or otherwise so existing may be ex~'ised from time
to time as oiten and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time therea_fl~r any other right, power or remedy.
IC Assignability. The Developer may not assign this Contract without the written
permission of the City Council The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours for required improvements under this
contract shall be fi'om 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on
Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under
emergency conditions, this limitation may be waived by the consent of the City Engineer. Any
approved work performed a_tier dark shall be adequately illmninated. If construction occurs outside
of the permitted construction hours, the Developer shall pay the following administrative penalties:
First violation $
Second violation $
Third & subsequent violations
500.00
1,000.00
All ~ite development and
constnJcfion mast cea~
for ~eve~ (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer or their assignee shall be responsible for all
street maintenance within the plat. Warning signs shall be placed by the Developer when hazards
develop in streets to prevent the public from traveling on same and directing attention to detours. If
streets become impassable, the City may order that such streets shall be barricaded and closed. The
Developer shall maintain a smooth roadway Surface and provide proper surface drainage.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been
accepted by the City.
Q. Soil Treatment S2stems. No applicable.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws, Ordinau~ations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Anny Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
GC-8
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employe~ fi'om any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil cozrecfion work on
the property. The City makes no representation to the Developer concerning the nslm~ of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils engineer shall be provided before the City
issues a building permit for the lot. On lots with fall material that have been custom graded, a
satisfactory soils report from a qualified soils en~neer shall be provided before the City inspects the
foundation for a building on the lot.
W. Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail
(CSAH 14) may not be used by the Developer,'the Developer's contractors or subcontractors as a
haul route for the import or export of soil, construction material, construction equipment or
construction debris, or any other purpose.
X. Development Si_~ms. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours. _
Y. Construction Plans. Upon final p~t approval, the developer shall provide the
City with three complete sets of full-size consmmfion plans and four sets of 1 l"xl Y' reduced
construction plan sets and three sets of specifications.
Memo
To: Mayor
City Council
From: Sgt. Dave Ports
Date: 09-19-01
Re:
Items for September Council Meeting
Note: I will be unable to attend the September Council Meeting. The
following is my report. -'
1. Sheriff's Office Ama Report - August Attached
.
Sherifrs Office Ama Citation Usting - August: The Records Division is still
working with the new sottwam to generate a citation report.
3. Crime Prevention Highlights- August: Attached
4. Community Service Officer Highlights - August: Attached
.
Miscellaneous Items: I will have brief information on recent calls or other
activities of possible interest to the Council.
Huffman Memodal Race:
· I was not able to help out this year due to my currant injury.
However, the Sheriff's Office Was able to supply a number of
personnel and squads to assist with traffic. I have been
informed that the race went off without a hitch.
Theft from Vehicles:
· Council received a crime alert regarding theft from vehicles.
The activity has continued with alerts going out to
neighborhood groups, deputies and local newspaper.
Office of County Sheriff
Ca.'er Count',' Government Ccn~¢r
~ Justice Cente~
COUNTY Minnesota 55318-2190
Bud Olson, Sheriff
Emergency: 911
SheriffAdmin: (952'~ 361-1212
Admin. Fax: (952) 36t-1229
Dispatch: (952) 361-123 [
(Non-Emergency)
Listed below is a description of each of the different classification of calls for service which the Carver County
Sheriff's Office received and processed for your area.
Criminal
Assault
Burglary
Drug Violation
Homicide
Traffic/Alcohol
Misc. Criminal
Prol~ Damage
R~bbery
Sex Crime
Theft Related
Vehicle Theft
Non-Criminal
Disturb Peace/Privacy
Misc. Non Criminal
Lock out
Alarm
Domestic
Missing Persons/Runaway
Animal
HousedB~in~ Check
Assist other Agency
Fire Call
Prowler
Mental Health
Civil Process
Transport
Warrant Service
Boat and Water
Snowmobile
Gun Permit/Acquire
(3un- Permit/Carry
Lock Post Office
Suspicious Activity
Open door
Auto Aced-Prop Damage
Auto Aced-Injury.
Auto Aced -Fatal
Traffic
Special Traffic
Altercation between parties where actual physical harm occurred
Breaking into a residence or business
All drug violations, possession of, sale of, manufacture of or under the influence of.
Taking of a persons life
Traffic stops or accidents involving a driver under the influence
Minor offenses which include order ofprote~on violations, warrant service, threats
and harassment, tobacco violations.
All damage to property includi~, g vandalism' and trespassing on property '
Taking of property in the presence of another with use of force
Rape, sexual abuse, indecent exposure and pornography
Taking of property
Credit card fraud, issuance of bad checks, counterfeiting, thef~ by swindle
Theft of a motor vehicle
Noise, harassing phone calls,
Citizen assists, lost and found property, general law enforcement questions, civil
matters, delivery of council packets, juvenile disciplinary problems etc.
Unlock do. ors. of automobiles, residences or businesses for owners
Checking on an alarm at a private residence or business.
Verbal argument between parties
Juvenile runaways or missing persons
Animal bites, stray animals
Assist persons with medical issues, natural cause deaths
Check 6n houses or businesses when owners are away from property.
Assist other law enforcement offices; state patrol or govemmerit departments
Fires and assist fire deparlments
Person on property who does not belong
Suicides, 72 hr holds for mental health issues.
Service of civil papers, assist with civil stand by situations
Transport persons for various reasons
Service a warrant for Carver County and other counties
All incidents involving boats or lakes
All incidents involving snowmobile
Issuance of a permit to purchase a handgun
Issuance of a permit to carry a handgun
Deputies lock p6~ office buildings
Suspicious persons, acts or vehicles
Locating an open door to a business
Auto accident when only property damage occurred
Auto accident when injury and property damage occurred
Auto accident in which a fatality occurred
All traffic stops and calls, stalled vehicles, debris on the roadway
Radar wagon, special traffic details
Affirmative Action/Equal.OpportuniO' Employer
Printed on 10% Post. Consumer Recycled Paoer
CARVER COUNTY SHERIFF'S OFFICE
AREA REPORT FOR CITY OF CHANHASSEN
· CALLS FOR SERVICE FOR MONTH OF AUGUST
200! 2001 2000 2000
MONTHLY YTD MONTHLY YTD
CRIMINAL
Assault 3 26- 4 38
Burglary 4 30 3 19
Drug Violation 3 21 I 15
Hor~cide 0 0 0 0
Traffic/Alcohol 18 112 14 103
Misc. Criminal 30 171 47 185
Property Damage 34 234 82 308
Robbery 0 4 0 1
Sex Crime 0 9 2 18
Theft 42 256 40 278 '
Theft/Related 6 20 4 16
Vehicle Theft 5 19 2 11
·
TOTAL CRIMINAL 145 902 199 992
NON-CRIMINAL
Disturb Peace/Privacy 59 329 47 290
Misc/Non criminal 76 523 72 480
!
Lock out 41 427 45 354
Alarm 65 626 89 613
Domestic 16 98 7 79
Missing Person/Runaways 8 54 - 15 76
Child Abuse/Neglect 2 43 6 42
Motorist Assist 34 240 18 166
Animal 39 265 26 274
Medical 42 327 49 294
iHouse/Business Check 0 23 4 32
Assist other Agency 4 52 10 68
Fire Call 21 173 27 185
Prowler I 8 9 25
Mental Health 6 31 4 26
Civil Process I 2 1 2
Transport I 4 0 -23
Warrant Service 3 29 0 14
Boat & Water 8 50 7 34
Snowmobile 0 20 0 0
Gun Permit/Acquire 6 75 2 62
Gun Permit/Carry 0 3 0 4
Lock Post Office 0 0 0 0
Suspicious Activity 77. 565 80 422
Open Door 0 19 2 9
Auto Accd- Prop Dam 51 353 33 312
Auto Accd - Injury 9 68 5 62
Fatal Auto Accd 0 0 0 0
Traffic 300 1893 140 986
Special Traffic 8 42 0 0
TOTAL NON-CRIM 878 8342 698 4934
ITOTAL REPORTED
W
n,,
Crime Prevention/Safety Education
July/August 2001-PROGRAM HIGI~IJIGHTS
Crime Alert/Public Safe .ty Notice Distribution: · Public Safety notice to North Bay & Lakeview residents regarding search warrants.
· Public Safety notice to area businesses regarding vandalism, loitering & skateboard activity.
· Crime alert to area Neighborhood Watch groups in Minnewashta Heights regarding theft
from vehicle.
Neighborhood Watch Group(s) Formed or Meetinl;(s) Held: · Lakeview ~ill Apartments
· Springfield Development
Safe .ty Camp:
· Took place on August 14, 2001. 104 children enrolled, 89 actually attended.
Business Contact:
· Several contacts with business owners at Town Square regarding illegal activity, loitering, &
skateboard activity. Attended a meeting with business owners.
· Followed up with owner of Cameo Cleaners regarding burglary.
· Followed up with owner of Karen's Pet Clips regarding attempted burglary.
Residential Contact: · Several contacts with residents regarding Lakeview Hill search warrants.
· Contact with burglary victim on Shasta Circle W.
· Contact with resident on Saratoga regarding crime activity.
Crime Free Multi-Housing: · Met with Lakeview Hill owner/management to discuss crime activity issues.
· Lake Susan & Lakeview Hill apartments now receiving monthly printouts of police calls for
service.
· Contact with Chanhassen Hill manager regarding theft from vehicles and other activity.
Presentation:
· Spoke to Rotary Club regarding National Night Out and local crime activity.
Project LeadFoot:
Program inquiries and/or implementation for the following areas:
· Long Acres Drive
· Oxbow Bend
· Bluff Creek Drive
· Lake Lucy Road
National Night Out:
· 21 Chanhassen neighborhoods participated.
August ~00~ ~ Hi~hlights
95 complaints/calls responded to
Animal Complaints:
29
Animal Impounds:
8
Veliide Lock Ou~:
Traflfc Assls~nce:
20 (Crashes, motorist assists, et(:)
Code Enforcement:
8 miscellaneous
2 weeds
Sher~s Office
Ot~er:
5 Medicals
I lost child
1 Missing elderly Adult
i miscellaneous assist
7 Found property complaints
Located 3 Drunk Drivers
· City Council Packet delivery
· 2 fire calls
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~ORANDUM
TO:
FROM:
DATE:
SUBJ:
Teresa Burgess, Public Works Director/City Engineer
Mahmoud Sweichm, Engineer(~
September 18, 2001
Award of Bid for Quinn Road Sanitary Sewer Improvement
Project No. 01-02
REQUESTED ACTION
Staff requests the City Council award the construction contract for the above-
referenced project to the lowest responsible bidder..
DISCUSSION
The original bids for this project were rejected on August 21, 2001 due to a bid
form error. A second bid opening is scheduled for 1:30 PM on Thursday,
September 20, 2001. Bids will be reviewed, checked, and tabulated following the
bid opening. A list of bid results will be han~ out at the City Council meeting
on Monday, September 24, 2001.
Staff is pursuing this aggressive schedule to award the project to allow the
contractor enough time to complete the project in the fall of 2001. This project is
100% assessed and is necessary to address the failing septic system.
Failure to approve the contract will delay the construction.
jm~
Attachment
c: Shibani Khera, WSB & Associates
g:~m~fmblic~O 1-02~w~'d of bid.d~
~ by City Engineer
--
~OOrovoa by City Council
G~y ~f ~ A ImvinI t~mmunity with d~, ~ ~u~it~ sch~ a ~ dou,ntou,n, ~ bs~eu~ and bauafful t~es. A o~t d~ ~ li~ .~k, ~1 d~
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MEMORANDUM
TO:
FROM:
DATE:
SUB~:
Teresa Burgess, Public Works Director/City Engineer
Mahmoud Sweidan, Engineer~
August 21,2001
Rejection of Bids for Quirm Road Sanitary Sewer Improvements
Project No. 01-02
REQUESTED ACTION
Staffrequests the City Council reject thc construction bids for the above-referenced
project.
DISCUSSION
Bids for the project were opened on Monday, August 20, 2001. Five bids were received.
Parrott Contracting, Inc.
Widmer~ Inc.
Kusske Construction, Inc.
F. F. J'edlicki~ Inc.
G. L. Contracting, Inc.
$20,557.50
$22,375.00
$28~760.00
$34,024.OO
$35,175.88
The reason for the reject/on is because of an error in the bid proposal form supplied by
the consultant. Legal counsel has advised that the bids be rejected and the project re-
advertised.
RECOMMENDED MOTION
Move to reject all bids received for the Quinn Road Sanitary Sewer Improvements and
return the bid bonds to the bidders. Further move to re,advertise for bids with the
corrected bid proposal form.
jlTI$
C:
Dave Hutton, WSB & Associates
Shibani Khera, WSB & Associates
F.F. Jedlicld, Inc.
G.L. Contracting, Inc.
Kusske Construction, Inc.
Parrott Contracting, Inc.
Widrner, Inc.
Rev~ion No. __
Approved. by City Engineer
aato _'ab_, le,_~ ~
Al~roved by City Cour~il
- .:~
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- Executive Summary
TO: City Council
FROM:
DATE:
SUBS:
September 17, 2001
Housing Maintenance and Ling of Rental Pro~
Proposed Action/Motion
Receive .direction from the city council to ascertain ff the city wants to establish
minimum standards for. maintaining dwcl!ing units. Additionally does the city
want to license rental property to ensure that standards am being ni~t and '
maintained, and finally how would the program be financed and managed?
· .
I88ue8
Should the maintenance of ~ be limited to housing or all properties? If the
city chooses to 'establish additional standards, an ordinance would have to be
established regulating these standards. How should this ordinance be stngtured?
The cost of administrating this program needs to be evalnzted. If the city chooses
as a part of this ordinance to license rental ~, the cost of administration
needs to be fled to the licensing fee.
Relevance to City Policies
[~Comprehensive Plan - Housing Element
[~City Cod~
~tm~gic Plan
[~Capital Improvements Plan
City Council
September 17, 2001
Page 2
BACKGROUND
The city through its Comprehensive Plan has goals and policies for the maintenance of its
housing stock. The housing element of the comp plan has the following policies.
· '~_xisfing housing within the city should be maintained and improved and revitalization
of older developed areas should be endouraged."
· "Property and code enforcement policies, which encourage the maintenance and
rehabilitation of both owner occupied and rental housing, should be encouraged."
In the Decision Resources, Ltd. survey conducted in the spring of 2001, Chanhassen residents
stated these issues relating to property maintenance:
· 58% of thos~ surveyed rated the city's property maintenance as good or excellent
· 96% of those surveyed rated the general condition and appearance of homes in (their)
neighborhood excellent or good
· 94% of those surveyed rated the general condition and appearance of yards in their
neighborhood excellent or good ..
The 1999 Strategic Plan for the city of Chanhassen has the following strategies relating to
Housing, and Safety and Security:
· "Creatively the preservation or remodeling of our older homes."
· "Encourage citizen efforts to maintain and strengthen their neighborhoods."
Cun~tly maintenance of city property is addressed in the following areas:
· In the City Code
· Chapter 13 Nuisances
· Chapter 20 Zoning: Portions of XXIII General Supplemental Regulations
· The Uniform Building Code regulates unsafe buildings or structures. The code also
addresses maintenance. The standard is broad in the fact that it is limited to "safe and
sanitary."
ANALYSIS'
The city currently does a fairly good job on gaining compliance when there is a code
enforcement complaint. There are several questions that the city needs to consider in proposing
a maintenance code, these include:
* Should a maintenance ordinance include all property or just rental pmpertf
City Council
September 17, 2001
Page 3
· What should the standards of the ordinance be?
· Should the city license rental property?
· What are the costs of administrating this program?
· If the city chooses to license rental housing, should standards include conduct on the
premises?
· What should be the process for drafting and implementing'the ordinance?
Should a maintenance ordinance include all property or just rental property ?
Currently the city handles nuisances on a complaint basis. All complaints require staff time and
resomces, there are inspections and follow through required to gain compliance. Often matters
are turned over to the city attorney's office if compliance is not achieved at a staff level.
If the council chooses to proceed with a maintenance code, adopting the property maintenance
section of the international building code or amending the nuisance section of the city code
would be the easiest to adopt and implement. Standards would be applied to properties citywide.
Implementation and adoption would require additional staff time for impections and conformity.
Should the city license rental property ?
The city has in the past used the Sheriff's Office and the Crime Prevention Officer to attain
compliance on conduct on premises issues. Licensing of rental housing is another way to obtain
compliance of maintenance standards and conduct of property. This ordinance would require
more time and drafting. In the past the city has used a Crime Free Multi-Family Housing
Program. This is a voluntary program where owners of buildings agree to participate. Beth
Hoiseth, the city's Crime Prevention Specialist, states that it is up to the management to create a
safe environment in their developments. She has stated this program has not been as successful
as originally anticipated in the metropolitan area. She surveyed other communities and found
that some are moving to a new level of compliance with the "conduct on premises" with the
rental license. To establish this program would require a significant amount of initial setup time
but also on going supervision. Onmnfly the city has 2 apartment projects that are participating
in a Crime Free Multi-family program.
The city's approach to licensing in the past has been laissez-faire; except for requiring licensed
contractors for most building permits, liquor licenses and dog licenses. The city has never
required business licenses. The zoning ordinance has been an effective tool in regulating
businesses. Any licensing requirement is going to require administration (staffing) of these
regulations.
What should the standards of the ordinance be ?
In a survey of other communities, standards mn from broad to very specific. Included with this
report is a sample of other communities' standards. As stated earlier, a way to achieve
maintenance compliance is to amend the nuisance section of the city code or adopt the Uniform
City Council
September 17, 2001
Page 4
Building Code Section on maintenance of structures. These amendments would not be
complicated to draft because the standards are generic and applied citywide.
If the city chooses to license rental housing, should standards include conduct on the premises ?
A rental licensing requirement ordinance would be a more involved ordinance to draft because
the owners of rental property would want to have input to the process and development of the
ordinance. The ordinance also needs to address whether the apartments or all rental housing
would be licensed. In speaking with Julie Frick, the Carver County HRA Director, she was not
opposed to the have licensing requirements on HRA property. The county.owns twin homes,
townhouses and 4 plex units in the city. Julie stated that in most circumstances licensing gave
the neighbors a level of assurance that the city was also monitoring the property.
What are the costs of administrating this program?
In the majority of the communities that have license rental property have a significant number of
apartment buildings or rental property. These communities include Plymouth, Eagan,
Woodbury, St. Louis Park, and Chaska, etc. These communitie~ also have staff dedicated to
administration and enforcement of the licensing and the maintenance. Some Communities have a
housing division, some use code enforcement officers or the police department. If the city
chooses to develop a more specific ordinance, additional staffing would be required. The rental
license fee would have to be established at the level required to administer the program.
What should be the process for drafting and implementing the ordinance ?
According to the City Attorney, the location of these proposed ordinances in the city code would
not require a public hearing. Staff is anticipating that if a licensing requirement is what the city
desires, meetings to gain input would be required. Drafting an ordinance may take several
months.
RECOMMENDATION
Staff is looking for direction from the city council on how to proceed.
ATTACHMENTS
1. Chanhassen Building Codes
2. License fees
3. Minnetonka Maintenance Code
4. Plymouth Maintenance Code
5. Burnsville Maintenance Code
6. Woodbury Maintenance Code
gAplan~ca~ho~sinffrrLdo~
City Council
September 17, 2001
Page 4
Building Code Section on maintenance of structures. These amendments would not be
complicated to draft because the standards are generic and applied citywide.
If the city chooses to license rental housing, should standards include conduct on the premises ?
A rental licensing requirement ordinance would be a more involved ordinance to draft because
the owners of rental property would want to have input to the process and development of the
ordinance. The ordinance also needs to address whether the apartments or all rental housing
would be licensed. In speaking with Julie Frick, the Carver County I-IRA Director, she was not
opposed to the have licensing requirements on HRA property. The county owns twin homes,
townhouses and 4 plex units in the city. Julie stated that in most circumstances licensing gave
the neighbors a level of assurance that the city was also monitoring the property.
What are the costs of administrating this program?
In the majority of the communities that have license rental property have a significant number of
apartment buildings or rental property. These communities include Plymouth, Eagan,
Woodbury, St. Louis Park, and Chaska, etc. These communities also have staff dedicated to
administration and enforcement of the licensing and the maintenance. Some communities have a
housing division, some use code enforcement officers or the poll .ce. department. If the city
chooses to develop a more specific ordinance, additional staffing would be required. The rental
license fee would have to be established at the level required to administer the program.
What should be the process for drafting and implementing the ordinance ?
According to the City Attorney, the location of these proposed ordinances in the city code would
not require a public hearing. Staff is anticipating that if a licensing requirement is what the city
desires, meetings to gain input would be required. Drafting an ordinance may take several -
months.
MANAGER'S RECOMMENDATION
I would recommend that the city council direct staff to develop a Housing Maintenance Code for
"all" properties in Chanhassen to ensure that existing homes and commercial properties are
maintained and improved to ~oday's standards. From an administrative standpoint, I believe we
can handle the enforcement of this code with our existing inspections staff.
Regarding the licensing of rental properties, I would also recommend that staff Continue to move
ahead with this program. Input should be solicited from rental housing ~ owners on how
we can take a proactive appwach together in addressing potential crime in our rental housing
stock. The proposed program would then be presented to the city council for consideration.
Depending on the extent of the program, I would expect that we would have to add one
additional staff member to assist with the administration of the program to ensure its s~s.
City Council
September 17, 2001
Page 5
ATTACHMENTS
1. Chanhassen Building Codes
2. License fees
3. Minnetonka Maintenance Code
4. Plymouth Maintenance Code
5. Burnsville Maintenance Code
6. Woodbury Maintenance Code
lgg7 UNIFORM BUILDING CODE
101
104,2,4.
Volume 1
Chapter 1
ADMINISTRATION
SECTION 101 -- TITLE, PURPOSE AND SCOPE
101.1 Title. These regul~_6ons aball be known as the U~orm
Bu~O~s Code, may be cited ~ su~ and w~ be m~a~t t~ ~
101.2 Pllrpose. The p~'pose of ~ code is to provide
staudards to safeguard life or Limb, he~.~; ~ m~i public
we, lfare by regulating and controllin~ the desi.on: co~
of all buildings and stru.ctm'es w~thin ~ j~ and ce~'taJn
e~vK~'nt ~y r~su]at~
designam any palli~l.r o_lam~ Or grmlp of p~l'sons who will or
code.
work located primarily in a public way, public utility towers and
poles, mechanical equipment not specifically regulated in .this
code, and hydraulic flood control slrucO, u~.
For additions, alterations, moving and maini~nsnce of build-
ings and slxuchh-es, see C~apt~ 34. F~r temporary buildings and
structures see Section 3103 and Appcudix Chapter 31.
Where, in any specific case, diffemm sections of this code spec.
ify different materials, methods of cm~ruc~m or othm' require-
ments, the most restrictive ~all govern. Where ther~ is a conflic~
between ~ general req~t and a specific l~luiremm~, the
specific requirement shall be applicable.
Wherever in this code mfea'~ i~ macl~ to the ~ th~
pmviaions in the apl~ndix ahall not apply unless ~ifically
SECT1ON 102 -- UNSAFE BUILDINGS OR
STRUCTURES
All buiJdin? or slmctures regulated by this code that are structur-
ally unsafe or not provided with adequate egress, or that
a fi~ hs~rd, or are otherwise dangemns to bnm.n life me,, :fro' the
purpose of this section, unsafe. Any use of buildings or stmcO, u~
constituting a h,~rd to safety, health or public welfa~ by reason
of inadequate maintenance, dilapidation, obsolescence, fi~ haz-
ard, disaster, damage or abandomncnt ~ for the purpose of this
t~nir~ statuary and other appendages or s'tmctu~ mmnbets that
am suppormt by, atts~ed to, or a part of s tmilding and that are in
deteriorated condition or otherwise unable to ~ the
loads that are specified in this code am hereby desig~ted as un-
saf~ b~dins
~ unsafe buildi%o~, structures or appcndag~ are ]mreby
- declared ~"b~ilc nuisances and shall be abat~ b~..mp~, :ml]a-
_b~itation,_demoh~.~oval in ~ thc proce:-.
~. my ~w~~~ ~ by t~s
offi~is jurisdiction u des/gnai~ by the~m/~ body,
SECTION 103 .--- VIOLATIONS
It ~han be ~nlw~jl for any ~ rum or cmperation to cmct,
SECTION 104-- ORQANIZATION AND
ENFORCEMENT
104.1 Cre~n of ~ AgmcT. T'n=~ i~ ]:u~cby c~ud3-
li~xl ~ this j~-hdic~ a code a~on=~nt ~ whic~ shaU
104.2 Powers and Duties of ~ OfficiaL
104.2A Gene, mi. The building.official is hereby authorized and.
directed to ea~orc~ all the~ Of thi~ code. For m.w.b. ]x~-.
po~es, the~ offic~l ,h,~l have the ~ of a-hr~ c0forc~
~ rules ~ regulations ~h=il be, in conformance ~ the
104~ Right of entry. Wh~m it is ne~ to m.~ an inspec-
tion to ~orce the provisions ~ ~ ~ or whm the ~
ar h,~dous, the ~ ~ may ~nter the building or prom-
by this code, provided that if such building or pl'~_mfi~.~ b~ OCG~-
official =hsn first nmlm a reaso~ effort to locate the owner or
other .person lmvins cha~ or control o~ the bu~li~ or pum~.s
served on any ~ cagas~ in the doing or causing su~ work
to be done, and any such [xwso~ ~h~, forthwith st~p such work
1-1
1997 UNIFORM BUILDING CODE
Chapter 34
EXISTING STRUCTURES
3401
SECTION 3401 --- GENERAL
Buildings in existence at thc time of the adoption of th~ code may
~ve thei~ existi~ use or occupancy continued, ff such use or
cupancy was legal at thc time of thc adoption of this code, pro-
vided such continued use is not dangerous to life.
Any change in the use or occupancy of any existing building or
structure shall comply with the provisions of Sections 109 and
3405 of t~s code.
For existing buildings, see Appendix Chapter 34. See also Sec-
. tion 101.3.
Fox a comprehensive code and guidelines on the treatment of
e~ting buildings, see the Uniform Code for Building Conserva-
SECTION 3402 -- MAINTENANCE
All buildings and structures, both existing and new, and all parts
thereof, shall be maintained in a safe and sanitary condition. All
dvvices ox safeguards required by this code shall be maintained' in
conformance with thc code edition under which installed. The
owner or thc owner's designated agent shall be responsible for the
maintenance of buildings and structures. To dctermin~ com-
pliance with this subsection, the building official may cause a
structure to be rcinspected.
SECTION 3403 -- ADDITIONS, ALTERATIONS OR
REPAIRS
3403.1 General. Buildings and structures to which additions,
alterations or repairs are made shall comply with all the require-
ments of this code for new fadlities except as spec/fically pro-
vided in tiffs section. See Section 310.9 for provisions requiring
installation of smoke detectors in existing Group R, Divhion 3
Occupancies.
3403-~ When Allowed. Additions, alterations or repairs may be
made to any building or structure without requiring the existing
building or strucuu~ to comply with all the requirements of this
code, provided the addition, alteration or repair conforms to that
required for a new building or structure.
Additions or alterations shall not be made to an existing build-
lng or structure that will cause the existing building or structure to
be in violation of any of the provisions of this code and such addi-
tions or alterations shall not cause the existing building or struc-
ture to become unsafe. An unsafe condition shall be deemed to
have been created if an addition or alteration will cause the exist-
lng building or structure to become structurally unsafe or over-
loaded, will not provide adequate egress in compliance with the
pwvisions of this code or will obstruct existing exits, will create a
/ire hazard, will reduce required fire resistance, or will otherwise
create conditions dangerous to human life. Any building so al-
tered, which involves a change in use or occupancy, shall not ex-
ceed the height, number of stories and area permitted for new
buildings. Any building plus new additions shall not exceed the
height, number of stories and area specified for new buildings.
Additions or alterations shall not be made to an existing build-
lng or structure when such existing building or structure is not in
full compliance with the pwvisions of this code except when such
addition or alteration will result in the existing building or struc-
ture being no more hazardous based on life safety, firesafety and
sanitation,-than before such additions or alterations are under-
taken. (See also Section 307.11.3 for .Group H, Division 60ccu-
pancies.)
EXCEPTION: Alterations of existing structural elements, or eddi-
tiers of new structural elements, which are no/required by Section
3401 and are initiated for the puq~se of increadug thc hteral-forco-
reststi~ stmn~ or stigmas of an ~ structu~ need not be d~.
si~ned for forces confonni~ to thee re~_!afio~s provided that ~m
forces is not reduced,
increased beyond their capacity,
3. New strucimal elem~ts ar~ detail~ and conneaed to the exist.
~ to ~dsting or new stmctmal el~m~ts as requtred by the~ r~su-
3403.3 Nonstructural, Alterations or repairs to an existi~
building or structure that are nonstructuml and do not adversely
affect any structural member or any part of the building or struc-
ture havi~ required ~ resistance may be made with the same
materials of which the buildi~ or structure is constructed.
3403.4 Glass Replacement, The installation or replacement of
~lass shall be as l'~lui_red for new installations.
3403.5 Historic Building. Repairs, alterations and additions
necessary for the preservation, restoration, rehabilitation or con-
tinued use of a building or smmmre may be made without
conformance to all the requirements of this code when authoxized
by the building official; provided
1. The building or structur~ has been desi~mted by official ac-
tion of the legslly constituted authority of this jurisdiction as hav-
ing special historical or archival sil~ni/i~ce.
2. Any unsafe conditions as described in this code are cor-
rected.
3. The re. storM building or structur~ will be no more b,7~rdous
based on life safety, fu~safety and sanitation than the existing
building.
SECTION 3404 -- MOVED BUILDINGS
Buildln? or structures moved into or within the jurisdiction shall
comply with fi'ii provisions of this code for new buildings or struc-
tures.
SECTION 3405 -- CHANGE IN USE
No changrc shall be made in thc character of occupancies or use of
any building that would place the building in a different division
of the same group of occupancy or in a different group of occupan-
cies, unless such building is made to comply with the require-
ments of this code for such division or group of occupancy.
EXCEFI'ION: The ~ of the occupancy of existing build-
ings may be changed subject to the approval of the building offldal,
and the building may be occupied for purposes in other groups without
conforming to all the requirements of this code for those groups, pro-
130~.0102 SECTION 102, UNSAFE BUN.,D. INGS OR STRUC'I'UKF~
..
UBC Section 102 is amended by amending the last paragraph to read as follows:
All unsafe buildings, stmclm~ or appendages are public'nuisances and must be abated by repair,
rehabilitation, demolition or removal in accordance, with the pm. cedures in l~nnesota Statutes,
~ti~ 463.15 to 463.26.
130~0103 ~ON 103, VIOLATIONS
UBC Section 103'is amended by adding a sentence to read as follows:
-A violation of a provision ofthis code in a misdemeanor (l~inn~ Statutes, se~on 16B.69).
45
HOUSING RENTAL UNIT
INSPECTION FEE
CITIES 0 - 2,600
Excelsior 30/bldg plus 12/unit
Spring Park nf
CITIES 2,500 - 10,000
~flon na
Arden Hills ns
Belle Plains ne
Circle Pine~ 50/1st unit 10lea edd'l unit
Dayton nf
Deepheven na
Falcon Heights na
Farmlngton na
Forest Lake na
Grant na
Hugo na
Jordan na
Lauderdale na
Mahtomedl 35 plus 5/unit over 3 units
.New Prague na
Newport na
North Oaks na
Oak Grove na
Oak Park Heights na
Orono na
Osseo 30/unit
Rockford na
Shorewood 35/Trl-ennusl
Spring Lake Park 20/1st unlt/101ea edd'l unit
St. Anthony na
St. Francis na
St. Paul Park 25/unit
Vlctorla na
Waconle city has detail
Watertown 35
Wayzata na
CITIES 10,000 - 20,000
I
Andover 50 bi ann
Anoka ne
Chanhassen na
Chaska 501unit
Columbia Heights 151unit (1&2 family) 501multi unit
51unit over 4
Hastings 25/sgl unit 40/2 unit 40 +3 per
unit/multi family
Uno Lakes na
Mendote Heights na
Mounds View nf
Pdor L~ke na
Ramsay na
Robblnsdale 401owner occ. 50/sgl faro 80/dupl
176/mul 8lea addl
Rosemount na
Savage na
35
8hskopee
Stlllwater
Vadnals Heights
West St. Paul
na
na
10/unit 20/mlnlrnum 15/unit re-
Inspection fee
ne
CITIES OVER 20,000
Apple Valley
Blaine
Bloomington
Brooklyn Center
Burnsvllle
Coon Rapids
Cottage Grove
Crystal
Edlna
Frldley
Golden Valley
Inver Grove Hgta.
Lakeville
Maple Grove
Maplewood
Minneapolis
Mlnnetonka
New Brighton
New Hope
Oakdale
Rosevllle
Shorevlew
South St. Paul
White Beer Lake
Woodbury
ne
nf
nf Included In rental license
ne
na
ne
vedas 2$/sglfem 50/dup 40+3 permit
100/dup, triplex 110/multi
25/relnspectlon
na
city hes detell
na
ne
na
4O
na
na
na
8/unit per year
40Fosse fee + 41unit
na
ne
na
20/unit (4 yeer~)
city has detail
81unit
Reference
f4innetonka Code of Ordinances
CHAPTER 8: PUBI_[C HEALTH; PUBL[C NUISANCES
SECT[ON 845. PUBLZC NUISANCES.
Pagel ofl
845.015. Special Provisions - Building Maintenance and Appearance.
1. Declaration of nuisance. Buildings, fenc.~, and other strucea~res that have been so poorly
maintained that their physical condition and appeatanc~ d~xac~ from tho surrounding neighborhood are
declared to be public nuisances because they (a) are unsightly, (b) decan~se adjoining landowners' and
occupants' enjoyment of their property and neighborhood, and (¢) adversely aff~ property values and
neighborhood patterns.
2. Standards. A building, fence, or other structure is a public nuisance if it does not comply with the
following requirements.
~ No part of any exterior surface may have deterioration, holes, breaks, gaps, loose or rotting
boards or timbers.
b. Every exterior surface that has had a surface ~nish such as paint applied must be maintained to
avoid noticeable deterioration of the finish. No wall or other ext~or surface may have peeling,
crack~ chipped or otherwise deteriorated surface finish on more than 20 percent of:
(1) any one wall or other flat surface; or
(2) all door and window moldings, eaves, gutters, and similar projections on any one side or
c. No glass, including windows and exterior light ~, may be broken or Chinked, and no
screens may be tom or separated from moldings.
d. Exterior doors and shutters must be hung properly and have an operable mechanism to keep
them securely shut or in place.
e. Cornices, moldings, lintels, sills, bay or donner windows, and similar proj~~ must be kept
in good repair and free from cracks and defects that make them hazardous or unsightly.
f. Roof surfaces must be tight and have no defects that admit water. All roof drainage systems
must be secured and hung properly.
1~ Chimneys, antennae, air vents, and other similar projections must be structurally sound and in
good repair. These projections must be secured properly, where applicable, to an exterior wall or
exterior roof.
h. Foundations must be structurally sound and in good repair.
http://209.48.87.250/n~nnetonka_mn/lpext, dll/lnfobaseI1841/labb/ladc?f=templates&fa=doc.. 7/20/01
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2001-
AN ORDINANCE AMENDING CHAPTER IV,
SECTION 410 OF THE PLYMOUTH CITY CODE
CONCERNING HOUSING AND REDEVELOPMENT
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. The Plymouth City Code is amended by adding Section 410.42 to read:
CHAPTER IV.
SECTION 410- Housing and Redevelopment
410.42. Rental dwelling licenses: Conduct on licensed premises. Subd. 1. It shall be the
responsibility of the rental license holder to take appropriate action, with the assistance of the
City, to prevent conduct by tenants or their guests on the licensed premises which is hereby
deemed to be disorderly, in violation of any of the following statutes or ordinances:
(a) Minnesota Statutes, Sections 609.75 through 609.76, which prohibit gambling;
(b) Minnesota Statutes, Section 609.321 through 609.324, which prohibits
prostitution and acts relating thereto;
(c) Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027,
Subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled
substances;
(d) Minnesota Statutes, Section 340A.401, which prohibits the unlawfixl sale of
alcoholic beverages;
(e) Section 2025 of this Code, which prohibits noise and noisy assemblies;
(f) Minnesota Statutes, Sections 97B.021, 97B.045,609.66 through 609.67 and
624.712 through 624.716, and Section 930 of this Code, which prohibit the unlawful
possession, transportation, sale or use of a weapon; or
(g) Minnesota Statutes, Section 609.72, which prohibits disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one unit on the licensed
90752.04
RNK:r0(g27~ 1
premises or other premises, other than the unit occupied by the person(s) committing the
violation.
· .
Sub& 2. A determination that the licensed premises have been used in a disorderly
manner as described in Subdivision 1 shall be made upon subsmmJal evidence to support such a
determination. It shall not be necessary that criminal charges are brought to support a
determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal
charge operate as a bar to adverse license action under thi~ section-
Subd. 3. Upon determination by the Compliance Official utilizing established
procedures, that a licensed premises was used in a disorderly manner, as described in
Subdivision 1, the City shall notify the licensee by certified mail of the violation and direct the
licensee to take appropriate action with the assistance of the City to prevent further violations.
Subd. 4. If another instance of disorderly use of the licensed premises at the same
specific dwelling or unit occurs within twelve (12) months of an incident for which a notice in
Subdivision 3 was given, the City shall notify the licensee by certified mail of the violation and
shall also require the licensee to submit a written report of the actions taken, and proposed to be
taken, by the licensee to prevent further disorderly use of the. premises. This written report shall
be submitted to the City within seven (7) days of receipt of the notice (excluding holidays) of
disorderly use of the premises and shall detail all actions taken by the licensee in response to .all
notices of disorderly use of the premises within the preceding twelve (12) months.'
Subd. 5. If another instance of disorderly use of the licensed premises at the same
specific dwelling or unit occurs within twelve (12).months ~er the second of any two' (2)
previous instances of disorderly use for which notices were sent to the licensee pursuant to this
section, the rental dwelling license for the premises may be denied, revoked, suspended, placed
on probation, or not renewed. An action to deny, revoke, suspend, place on probation, or not
renew a license under thi.~ section shall be initiated by the City in the manner described in
Section 410.45, and shall proceed according to the procedures established in Sections 410.45 and
410.50.
Subd. 6. No adverse license action shall be imposed where the in.~tance of disorderly use
of the licensed premises occurred during the pendency of eviction proceedings (unlawfifl
detainer) or within thirty (30) days afar a notice is given by the licensee to a tenant to vacate the
premises, where the disorderly use was related to conduct by that tenant or the tenant.'s guests.
Eviction proceedings shall not be a bar to adverse license action, however, unless the licensee
diligently pursues them. A notice to vacate shall not be a bar to adverse license action unless a
copy of the notice is submitted to the City within ten (10) days of receipt of the violation notice.
Further, an action to deny, revoke, suspend, place on probation, or not renew a license based
upon violations of this section may be postponed or discontinued by the Compliance Official at
any time if it appears that the licensee has taken appropriate action to prevent further instan~ of
disorderly use.
90752.04 2
RNK:r06/27/200 !
SECTION 2. Section 410.45 of the Plymouth City Code is amended to read:
410.45. Revocation.-or Suspension. or Probation. Subd. 1. Every license or permit issued
under this ordinance is subject to the right, which is hereby expressly reserved, to suspend_, or
revoke, or place on probation the same should the license holder or their agents, employees,
representatives, or lessees directly or indirectly operate or maintain rental dwellings contrary to
the provisions of this ordinance or any other ordinance of the City or any special permit issued
by the City or the laws of the State of Minnesota.
Subd. 2. The license may be suspended_.-or revoked., or placed in a probation status by
the City Council after a written notice is sent to the license holder specifying the ordinance or
law violations with which they are charged. This notice shall also specify the date for hearing
before the City Council, which shall not be less than 10 days from the date of the notice.
Subd. 3 At such hearing before the City Council, the license holder or their attorneys
may submit and present wimesses on their behalf.
Subd. 4. After a hearing the City Council may suspend: or revoke, or place on probation I '
the license if they deem it necessary to protect the public health, safety, or general welfare.
SECTION 3. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this
day of ,2001.
ATYEST:
Joycelyn Tiemey, Mayor
Sandra Paulson, City Clerk
90752.04
RNK:r06/27/'2001
Plymouth City Code
405.00
Section 405 - Housi~ Mainteaance
405.00. Purpose. The purpose of this ordinance is to protect the public health, ~ and the
general welfare of the people of the City. These general objectives include, among other, the
following:
SubcL 1. To protect the charactex and stability of~ resi~ areas within the City;
SubcL 2. To correct and prevent housing conditions that adversely affect or arc likely to
adversely affect the life, safety, general welfare and health of the occupants or of neighbors;
Subd. 3. To provide minimum standards for heating, lighting, ventilation and sanita~
equipment necessary to protect the health and safety of occupants of Buil~;
Subd. 4. To prevent the overcro~ of dwellings;
SubcC 5. To pry. serve the value of land and Buildings thro~o~ the City.
Except as otherwise specifically provided by the terms of this ordinance, it is not the intent of the
City Council to intrude upon the accepted contractual relationship between tenant and landlord. The
City Council does not intend to intervene as an advocate of either party, to act as an arbiter, nor to
receive complaints from tenant or landlord which are not specifically and clearly relevant to the
provisions of this ordinance. In the absence of such ordinance relevancy, it is intended that the
.contracting parties excrcise such legal sanctions as are available to them without the intervention of
the City government. In enacting this ordinance, it is not the intention of the City Council to interfere
or permit interference with personal privacy fights.
405.05. Applicability of Ordinance. Thi.~ ordinance establishes minimum standards for
maintaining dwelling units, accessory structures and relined ~i.~es. This ordinance is intended to
provide standards for rental housing and to provide standards to allow resolution of complaints
regarding owner-occupied housing.
405.10. Definitions. Thc following definitions shall apply in thc interpretation and
enforcement of this ordinance.
Subd. 1. Accessory Use or Structures: A non-residential use or simchu'e subordinate to, and
serving the principal use or ~ on the same lot and customarily incidental thereto.
Subd. 2. Building. Any ~ having a roof which may provide shelter or enclosure for
persom, animals, or chattel, and when said ~ is divided by party walls without openings, each
portion of such Building so separated shall be d .ecmed a sepame Building.
Subd. 3. Compliance Official. The City Manager and hi.~ desi~m__od agents authoriz~ to
~dmini.~er and enforce this ordinance.
Plymouth City Code
405.10, Sub& 3(a)
Sub& 3.(a) Condominium Dwelling Unit. A unit in a Dwelling in which the. re are two or
more units where e, ach unit is separately owned and each unit owner holds a proportional interest in
certain common areas. For purposes of Section 405, wherever the term "dwelling unit" is used, it
shall also include a Condominium Dwelling Unit. (Or~
Subd. 4. Dwelling. A Building or one or more portions thereof occupied or intended to be
occupied for residential purposes; but not including rooms in motels, hotels, nursing homes, boarding
houses, trailers, tents, cabins or trailer coaches.
Subd. 5. Dwelling Unit. A single family dwelling or unit designed to ace~rnmodate one
family.
Subd. 6. Family. An individual, or two or more persons each related by blood, marriage,
adoption, or foster children, living together as a single housekeeping unit; or a group of not more than
five (5) persons not so related, maintaining a common household and using common cooking and
kRchcn facilities.
Subd. 7. Flush Water Closet. A toilet .wi.'.th a bowl and ~rap made in one piece, which is
'connected to the city water and sewer system or other approved water supply and sewer system.
. .
Subd. 8. Garbage. As defined and regulated in Chapter VI of the City Code.
Subd. 9. Habitable Building. Any Building or part thereof that meets minimum standards for
use as a home or place of abode by one or more persons.
Subd. 10. Habitable Room. A room or enclosed floor space used or intended to be used for
living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments,
laundries, furnace rooms, unfinished basements, (those without required ventilation, required
electrical outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of
floor space, foyers, communicating corridors, stairways, closets, storage spacea, and workshops,
hobby and recreation areas in parts of the structure below ground level or in attics.
Subd. 11. Heated Water. Water heated to a temperature of not less than 110 degrees
Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet.
Subd. 12. Kitchen. A'space intended for food preparation which contains a sink with counter
working space, space for installing cooking and refrigeration equipment, and space for the storage of
cooking utensils.
Subd. 13. Maintain or Maintenance. Upkeep of property in a sanitary condition and upkeep
of equipment in a safe working condition for which it was installed and/or constructed.
Subd. 14. Multiple Family Dwelling. A dwelling or portion thereof containing two or more
dwelling units.
..
Plymouth City Code
405.10, Sub& 15
Subd. 15. Ocatpant Any person (incl~ owner or operator) living, sleeping, cooking
and/or eating in. a dwelling unit or living and sleeping in a rooming unit.
Subd. 16. OperaIe. As used in this ordinance, the term "operate" means to charge a rental
charge or other form of compensation for the use of a unit in a rental dwelling.
Subd. 17. Operator. The owner or his/her agent who has charge, care, control, or
management of a Building, or part thereof~ in which dwelling ,nlts or woming traits are let.
Subd. 18. Owner. Any person, fit'm, pa~nership, coxpornfion or other legal entity which
nlone, jointly, or severally with others, Shnll be in actual po~on of, or have charge, care or control
of, any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the
owner, or as trustee or guiudiim of the estate of person of the title holder. Any person ~x~:scnting
the actual owner shall be bound to comply with the provisions ofthls ordinance to the same exlm~t as .
the owner.
Subd. 19. Permissible Occulmncy.
reside in a dwelling unit or ~x)oming trail
The maximum number of persons legally permitted to
Subd. 2'0. Person. An individual, fu'm,'parm~p, ~on, corporation, company~ joini
venture, organization or other legal entity of any kind.
Subd. 21. Plumbing. All of the following supplied facilities and equipment in a Btfilding:
gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes,
water closets, sinks, in.q~dled dishwashers, lavatories, bathtubs, shower biRhs, installed clothes
washing mach;nes, catch basins, drains, vents, and any other similar ~ and the installation
Subd. 22. Premi.~es. A platted lot or part thereof or unplatted parcel of land, and adjacent
right-of-way either occupied or unoccupied by any Building, including acces.so~ stmotures.
Subd. 23. Public Hall. A hall, corridor or passageway for providing egress from a dwelling
unit to a public way and not within the exclusive control of one family.
Subd. 24. Rental .Dwelling. As used in this ordinance, is a dwelling for hire, but does not
include hotels, motels, hospitals and homes for the aged.
Subd. 25. Repair. Is the reconsm~on or renewal of any part of an existing Building or its
utilities, facilities or equipment for the purpose of its main~.
Subd. 26. Rodent Harborage. A place where rodents commonly live, nest, or ~lish their
habitat
Subd. 27. Roomin~ Unit. Any room or group of rooms forming a single habitable unit used
or intended to be used for living and sleepin~ but lnot for cooking and eating puxposes.
Subd. 28. Rubbish. As defined and regulated by Chapter VI of the City Code.
Plymouth City Code
405.10, Subd. 29
Subd. 29. Safety. Thc condition of being reasonably free from danger and hazards which
may cause accidents or disease. .
Subd. 30. Substandard Dwelling. Any dwelling which does not conform to the minimum
standards established by City Ordinances.
Subd. 31. Supplied. Paid for, furnished by, provided by or under the control of the owner,
operator, or agent cfa dwelling.
Subd. 32. Meaning of Certain Words. Whenever the words "dwelling," "dwelling unit,"
"premises," or "structure" are used in this ordinance, they shall be construed as though they were
followed by the words "or any part thereof."
405.15. General Responsibilities of Owners and Occupants. No owner or other person shall
occupy or let to another person any dwelling, dwelling unit or rooming unit unless it and the premises
are fit for human occupancy and comply with all applicable legal requirements of the State of
Minnesota and the City of Plymouth, and the provisions of the following subdivisions:
Subd. 1. Maintenance of Shared or Public Areas. Every owner of a dwelling containing two
or more swelling units shall maintain or shall provide for maintenance of the units' shared or public
areas of the dwelling and premises thereof. '
Subd. 2. Maintenance of Occupied Areas. Every occupant of a dwelling, dwelling unit or
rooming unit shall maintain that part of the dwelling, dwelling unit and premises thereof that he/she
occupies and controls.
Subd. 3. Responsibility of Occupant for Storage and Disposal of Garbage and Rubbish.
Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of all rubbish and
garbage and any other organic waste which might provide food for insects and/or rodents in a manner
as prescribed by Chapter VI of the City Code.
Subd. 4. Responsibility of Owner for Storage and Disposal of Garbage and Rubbish. Every
owner of a multiple family dwelling shall supply on-site facilities for the storage and/or disposal of
rubbish and garbage. In the ease of single or two-family dwellings, it shall be the responsibility of
the occupant to furnish such facilities as prescribed by Chapter VI of the City Code.
Subd. 5. Responsibility for Storm and Screen Doors and Windows. The owner of a rental
dwelling trait or rooming unit shall be responsible for providing, maintaining and hanging an screens
and storm doors and storm windows whenever the same are required under the provisions of this
ordinance.
Subd. 6. Responsibility for Pest Extermination. Every occupant-of a dwelling containing a
single dwelling unit shall be responsible for the extermination of-remain infestations and/or rodents
on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling
unit shall be responsible for such extermination whenever his/her dwelling unit .is the only one
infested. Notwithstanding, however, whenever infestation is caused by the failure of the
Plymouth City C. xxie
405.15, Subd. 6
owner to maintain a dwelling in a reasonable rodent-proof condition, extermination shall be the
responsibility of the owner. Whenever infestation exists in two or more dwelling units in any
dwelling or in the shared or public parts of any dwelling containing two or more dwelling units,
extermination thereof shall be the respons~ of the owner.
Subd. 7. Rod_en_t Harboral/eS Pwhibit~d in Occupied Areas. No occupant of a dwelling,
dwelling unit or rooming unit shall accumulate boxes, fu~wood, lumber, scxap metal or any other
sinsl¢ materials in such a manner that ma)' provide a rodeat harbora~ in or about any dwelli~
dwelling unit or rooming unit. Outside stored matarials shall be siack~ neatly in piles at least 4
Subd. 8. Rodent Harborage Prohibited in Public Areas. No owner of a dwelling coniainin~
two or more dwellin~ units shall acc~mu]_~?- or permit the accumulation of boxes, fu~wood, lumber,
scrap metal or other similar materials in such a manner that may provide a rodent harborage in or
about shared or public areas 6f a dwelling or its premises. Materials stored outside by the owner or
permitt~ to be stored by the owner shall be stacked nearly in piles at least 4 inches off'bare soil or
ground.
Subd. 9. Prevention of Food for Rodents. No owner or occupant Of a dwelling, dwelling unit
or rooming unit shall store, place or allow to accuxnulate any materials that may serve as food for
rodents in a site accessible to rodents.
'SUM. 10. Maintenance of Plnmbin~ Fixtures and Facilities. The owner and/or occupant of a
dwelling unit shall maintain all supplied plumbing fixtures and facilities therein.
Sub& 11. Minimum H~tln~ Cs~r ~bility and Mal _nten_~ance. In'every dwelling unit or rooming
unit when the control of the supplied heat is the responsibility of a person other than the oo~'upant, a
tem~ of at least 68 degrees Fahrenheit or such lesser tempa-atum required by government
authority shall be maintained at a distance of three feet above the floor and three feet from extexior
walls in all habitable rooms, bathrooms and water closet compax~ents from September 15 to May 1.
Subd. 12. Removal of Snow and Ice. The owner of any rental dwelling shall be responsible
for the removal of snow and ice from parking lots and/or driveways, steps and walkways on the
premises. Individual snowfalls of three inches or more or successive snowfalls accumulating to a
depth of three inches shall be removed from walkways and steps within 48 hours after cessation of
the snowfall.
Subd. 13. Minimum Exterior Lil~hting. The owner of a rental dwelling or dwellings shall be
responsible for providing and main~ effective illumination in all exterior parking areas and
walkwayso
Subd. 14. Maintenance of Driving and Parking Areas. The owner of a multiple family
dwelling or dwellings shall be responsible for providing and maintaining in good condition, paved
and delineated parking areas and driveways for tenants.
Plymouth City Code
405.20
405.20. Equipment and Facility Standards for Rental Dwellings or Dwelling Units. No person
shall rent or let to another for occupancy, any dwelling or dwelling units for the purposes of living,
sleeping, cooking and eating therein which does not comply with the following requirements:
Subd. 1. Kitchen Sink. Provide a kitchen sink in good worldng condition, which is properly
connected to an approved water supply system, which provides at all times an adequate amount of
heated and unheated running water under pressure and which is connected to an approved sewer
system in compliance with Chapter VIE[ of the City Code.
Subd. 2. Cabinets/Shelving. Provide cabinets and/or shelves for the storage of eating, ·
drinking and cooking equipment and utensils and for food that does not require refrigeration; and a
counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be of
sound construction fumished with surfaces that are easily cleanable and that will not impart any toxic
or deleterious effect to food equipment or utensils.
Subd. 3. Stove/Refrigerator. Provide a stove or similar device for cooking food and a
refrigerator or similar device for the safe storage of food which requires refrigeration, which are
properly installed with all necessary connections for safe, sanitary and efficient operation. Such
stove, refrigerator or similar devices need not be installed when a dwelling unit is not occupied_ and
when the occupant is expected to provide same on occupancy, in which case sufficient space and
adequate connections for the installation and operation of said stove, refrigerator or similar device
must be provided.
Subd. 4. Toilet Facilities. Within every dwelling unit there shall be a nonhabitable room
which is equipped with a flush water closet in compliance with the Minnesota State Plumbing Code.
Such room shall have an entrance door which affords privacy. Said flush water closet shall be
equipped with easily cleanable surfaces, shall be connected to an approved water system that at an
times provides an adequate amount of running water under pressure to cause the water closet to be
operated properly, and shall be connected to a sewer system in compliance with Chapter VII of the
City Code.
Subd. 5. Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Said
lavatory sink may be in the same room as the flush water closet, or if located in another room, the
lavatory sink shall be located in close proximity to the door leading directly into the room in which
said water closet is located. The lavatory sink shall be in good working condition and shall be
properly connected to an 'approved water system and shall provide at all times an adequate amount of
heated and unheat~ running water under pressure and shall be connected to a sewer system in
compliance with Chapter VII of the City Code.
Subd. 6. Bathtub or Shower. Within every dwelling unit there shall be a nonhabitable room
which is equipped with a bathtub or shower in good working condition. Such room shall have an
entrance door which affords privacy. Said bathtub or shower may be in the same room as the flush
water closet, or in another room, and shall be properly connected to an approved water supply system
and shall provide at all times an adequate amount of heated and unheated water
Plymouth City Code
405.20, Sulxl. 6
under pressure and shall be connected to a sewer system in compliance With Chapter VII of the City
Code.
Subd. 7. Permissible Occupanoy of Dwelling Unit. The maximum permissible occupancy of
any rental dwelling unit shall be determined as follow~:
·
For the first occupant, 150 square feet of habitable room floor space and for every
additional occupant flaereof, at least 100 square feet of habitable room floor space.
Co)
In no event shall the total number of ocoupanis exceed two times the number of
habitable rooms, less kitchen, in the dwelling unit.
(c) Not more than one family, except for tempon~ guests, shall occupy a dwellin~ unit.
An Owner or Operator may adopt standards that reduce the maximum allowed occupancy of a
dwelling unit from the standards set forth herein.
405.25. Equipment and Facility Standards for Rental Dwellin~ Dwelling Units or Roomin~
Units. Subd. 1. Door Locks. No person shall rent'or let to anoth~ for .occup~cy any dwelling,
dwelling unit or rooming unit unless all exterior doors of the dwellin~ dwelling unit, or roomln_,~ uni~.
are equipped with safe, functioning locking devices. Multiple family dwellings shall have a security
system which maintains locked building entrances or foyer doors and locked doors leading from
hallways into individual dwelling units. Dead-latch type door locks 'shall be provided with releasable
lever knobs (or doorknobs) on the inside of building entrhnce doors and with key cylinders on the
outside of building entrance doors. Building entrance door latches shall be of a type that are
pennanently locked. Every door that provides ingress or egress for a dwelling unit within a multiple
family dwelling shall be equipped with a lock that has a deadlocking bolt that cannot be reimcted by
end pressure, provided, however, that such door shall be openable'from lhe inside without the use of
a key or any special knowledge or effort. All multiple family dwellings in existence at the time this
chapter is adopted; which were not previously required to have such a security system, shall not be
subject to the requirements of this Section.
Subd. 2. Access to Dwelling Unit or Rooming Unit. Access to or egress from each dwelling
unit shall be provided without passing through 'any other dwelling unit. Access to each rooming unit
shall be provided without passing through any other rooming unit, ..
Subd. 3. Safety from Fire. An owner, operator or agent of a rental dwelling shall be
responsible to comply with the applicable provisions of the Fire ~on Code of the city in
keeping open all fire lanes established by the City.
405.30. Equipment and Facility Standards for Dwelling' and Rooming Units, Rented or
Owner-Occupied. No person shall occupy as owner, occupant or let to anoth~ person for occutmncy
any dwelling, dwelling unit or rooming unit, for the purpose~ of living therein, which does not
comply with the following requirements.
Plymouth City Code
405.30, Subd. 1
Subd. 1. Stairways, Porches and Balconies. Every stairway, inside or outside of a dwelling,
and every porch or balcony shall be kept in safe condition and sound repair. Every flight of stairs and
every porch and balcony floor shall be free of deterioration. Every stairwell and every flight of stairs
which is more than three risers high shall have handrails in.~'called 30 to 34 inches high, measured
vertically from the nose of the stair tread to the top of the handrail. Every porch, balcony or deck
which is more.than 30 inches high shall have a guardmil at least 36 inches above the floor of the
porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good
condition. No flight of stairs shall have settled out of its intended position or have pulled away from
the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting,
loose or deteriorating supports. Except spiral and winding stairways, the treads and risers of every
flight of stairs shall be essentially uniform in width and height. Stairways shall be capable of
supporting a live load of 100 pounds per square foot of horizontal projection.
Subd. 2. Habitable Room Ventilation. Except where there is supplied some other device
affording ventilation and approved by the Compliance Official, every habitable room shall have at
least one window facing directly outdoors which can be opened easily. The minimum total of
openable ~indow area in every habitable room shall be the greater of 4% of the floor area of the
room or four square feet.
Subd. 3. Nonhabitable Room Ventilation. Every bathroom and water closet compartmefit,
and every laundry and utility room shall contain at least 50% of the ventilation requirements for
habitable rooms contained in Subdivision I above, except that no windows shall be required if such
rooms are equipped with a ventilation system which is approved by the Compliance Office. '
Subd. 4. Electric Service, Outlets and Fixtures. Every dwelling unit and rooming unit and all
public and common areas shall be supplied with electric service, functioning overcurrent protection
devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained
in a safe working condition, and shall be connected to a source of electrical power in a manner
prescribed by the ordinances, rules and regulations of the City and by the laws of the State of
Minnesota. The minimum capacity of such electric service and the minimum number of electric
outlets and fixtures shall be as follows:
Co)
(c)
A dwelling containing one or more dwelling units shall have at least the equivalent of
60 ampere, three-wire electric service per dwelling unit.
Each dwell-ing unit shall have at least one branch electric circuit for each 600 square
feet of dwelling unit floor area.
Every habitable room shall have at least one floor or wall type electric convenience
outlet for each 60 square feet or fraction thereof of total floor area, and in no case less
than two such el~tric outlets, provided, however, that one ceiling or wail-type light
fixture maybe supplied in lieu of one required electric outlet.
Plymouth City C. xxie
(d)
Every water closet compamnent, bathroom, kitchen, laundry .room, and furnace mom
shaH contain at least one supplied ceiling or wall type electric light fixture and ev~
bathroom, kitchen and laundry room shall contain at least one electric convenience
outlet.
:")
public hall and stair in slmctures containing not more thnn two dwelling units may be
supplied with conveniently located light-switches controlling nn ndequnte ~
system which may be turned on when needed, instead of full-time ~
A convenient switch or equivalent device for ttu~inE on a liF~t in ench ~ unit
or roomin~ unit shall be located near the point of entrance to such unit.
Subd. 5. Minimum Thermal-Standards. No person shall ocoupy as owner, .occupant or let to
another for occupancy any dwelling, dwelling unit, or rooming unit for the.p~~ of li' 'ring therein,
which does not have heating facilities which are properly installed and ~ in safe and
working condition and which are capable of safely heating all habitable moms, bathrooms and water'
· .
closet compartments in every dwelling unit located thereinto a .tem~ of ai least 68 degrees"
Fahrenheit at a distance of three feet above floor level and three feet from exterior walls'at nominai~
weather condition. Gas or electric appliances designed primarily for cooking or water heating
purposes shall not be considered as heating facilities within the meaning of this section. Portable
heating equipment employing flame and the use of liquid fuel or the use of portable electric heaters
does not meet the requirements of this section and is prohibited. No ownex or occupant shall install,
operate or use a space heater employing a flame that is not vented outside the smichu-e in an
approved manner.
Subd. 6. Foundations, Exterior Walls and Roofs. The foundation, exterior walls and exterior
roof shall be substantially water tight and protected against vermin and rodents and shall be kept in
sound condition and repair. The foundation element shall adequately support the Building at all
points. Every exterior wall shall be free of structural detcriorafion or any other condition which_
might admit rain or dampness to the interior portion of the walls or to the interior spaces of the
dwelling. The roof shall be tight and have no defects which admit rain and roof drainage shall be
decay resistant materials, shall be protected from the elements and decay by paint or other protective
covering or treatment. If ~x4mn_tely 25% or more of the total exterior surface is unpainted or
lacks a protective coating or is determined by the Compliance Official to be deteriorated, the sm-face
shall have a protective covering applied. If approxlmnt_ely 25% or more of the total exterior surfa~
of the pointing of any brick, block or stone wall is loose or has fallen out, the stufitce shall be
Subd. 7. W'mdows, Doors and Screens. Every window, exterior door and hatchway shall be
substantially fight and shall be kept in repair. Every window othcr than a fixed window or storm '
window shall be capable of being easily opened. Every window, door and frame shall be constructed
and maintained in such relation to the adjacent wall consm~on as to completely exclude rain,
vermin and rodents from entering the Building.
Plymouth City Code
405.30, Subd. 8
Subd. 8. Floors, Interior Walls and Ceilings. Every floor, interior wall and coilings shall bo
protected against the passage and harborage of vermin and rodents and shall be kept in sound
condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring
materials. Every interior wall and ceiling shall be maintained in a fight weatherproof condition.
Tox!c paint and materials with a lasting toxic effect shall not be used. Every toilet room and
bathroom floor surface shall be capable ofboing easily maintained.
Subd. 9. Rodent Proof. Buildings found to be rodent infested shall be made rodent resistant.
All openings in the exterior walls, foundations, basements, ground or first floors and roof which have
a 112" diameter or larger opening shall bo rodent-proofed in an approved manner. Interior floors or
basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent
knpervious material.
Subd. 10. Fence ~dntenance. All fences supplied by the owner on the premises and all
fences erected by an occupant on the premises shall consist of metal, wood, masonry or other decay
resistant material. Fences shall be maintained in good condition. Materials, other than decay
resistant varieties, shall bo protected against decay by use of paint or other preservatives.
Subd. 11.'Accessory Structure Maintenance. Accessory structures shall bo structurally sound
and be maintained in good repair. The exterior of such structures shall be made weather resistant
through the use of decay-resistant materials such as paint or other preservatives.
Subd. 12. Safe Building Elements. Every foundation, roof, floor, exterior and interior wall,
ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall bo
safe to use and capable of supporting nominal structural loads.
Subd. 13. Facilities to Function. AU equipment or utilities required under City Ordinances
and every chimney and flue shall function effectively in a safe and working condition.
Subd. 14. Grading and Drainage. Every yard, court, or passageway on the premises on which
a dwelling stands shall be graded an~l drained so as to be free of standing water that constitutes a
detriment to health and safety.
Subd. 15. Yard Cover. Every yard of a premises on which a dwelling stands shall be
maintained to prevent dust and erosion.
Subd. 16. Landscatpe Condition. Each dwelling shall be maintained by its owner, oecupant~
operator or agent so that the yards, open spaces and parking facilities are kept in a safe and attractive
condition. Where a conditional use permit has been granted, the landscaping shown on the approved
landscaping plan shall be considered as minimal and shall be maintained accordingly. Any deviation
to species or material shall be equal to or better than originally approved.
405.35. Enforcement and Inspection Authority. The Compliance Official shall administer' and
enforce the provisions of this ordinance. Inspections shall be conducted, lduring reasonable hours and
the Compliance Official shall present evidence of his/her official capacity to the owner or occupant in
charge of a dwelling unit at the time of inspection. The Compliance Official shall
Plymouth City Code
405.35
keep confidential all evidence, exclusive of the inspection record, which he/she may discover or
obtain in the course of an inspection mna_~, pursuant to this section and such evidence shall be
considered privileged.
405.40. Inspection Access. If any owner, occupant, or other person in charge ora dwellln~
dwelling unit, rooming unit, or of a multiple dwelling fails or r~ises to permit free access and entry
to the ~smicuue or premises under his/her control, or any part thereof, with respect to which an
inspection authorized by this ordinance is sought to be made, the Compliance Offi~ may, upon a'
showing that probable cause exists for the inspection and for the issuance of an otd~ directing
compliance with the inspection req .uiremen~ of this section with respect to such dwelling, dwelllnE
unit, rootning unit; or multiple dwelling, petition and obtain such order from a court of competent
jurisdiction.
405.45. Unfit for Human Habitation. Subd. 1. Any dwelling, dwelling unit or.rooming unit or
portion thereof which is damaged, decayed, dilapidated, tmsani~, unsafe, vermin or rodent infested
or which lacks provisions for basic ilhmfination, ventilation or sanitary facilities to the extent that the
defects create a hazard to the heal~ safety or welfare of the occupants or of the public may be
declared unfit for human habitation. Whenever any dwelling,, dwelling unit or rooming unit has been
declared unfit for human habitation, the Compliance Official shall order same vacated wi~in a
reasonable time and shall post a placard on same indicating that it' is unfit for human habitation, and
any operating license previously issued for such dwelling shall be revoked pursuant to law.
'SUM. 2. It shall be unlawfial for such dwelling, dwelling unit or rooming unit or portion
thereof to be used for human habitation uatil the defective.conditions have been co~ and written
approval has been issued by the Compliance Official: It shall be unlawfial for any person to deface or
remove the declaration placard from any such dwelling, dwelling unit or rooming unit.
405.50. Secure Unfit and Vacated Dwelling. The owner of any dwelling, dwdling unit, or
rooming unit which has been declared unfit for human habitation or which is o~ vacant for a
period of thirty (30) days or more shall make the same safe and secure so that it is not hazardous to
the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant
dwelling open at doors, windows, or wall opening, if unguarded shall be deemed to be a hazard to the
health, safety and welfare of the public and a public nuisance within the meaning of this ordinance.
405.55. Hazardous Building Dec--on. In the event that a dwelling has been declared ~fit
for human habitation and the owner has not remedied the defects within a prescribed reasonable time,
the dwelling may be declared a hazardous Building and may be removed, razed or corrected pursuaut
to the provisions oflMinnesota Stattltes, Sections 463.15 to 463.26.
405.60. Correction Order. Whenever the Compliance. Official determines that any dwelling,
dwelling unit or rooming unit or portion thereof is in violation ofthls o~ any other ordinan~ he/she
may issue a Correction Order setting forth the violations of the ordinance and ordering the owner,
occupant, operator or agent to correct such violations. This Correction Order shall:
Subd. 1. Be in writing.
-)
Plymouth City Code
405.60, Subd.12
Subd. 2. Describe the location and nature of the violations of this ordinance.
Subd. 3. Establish a reasonable time for the correction of such violation and notify the owner
of his/her appeal recourse.
Subd. 4. Be served upon the owner or his/her agent or the occupant, as the case may require.
Such notice shall be deemed to be properly served upon such owner or agent, or upon any such
occupant, if a copy thereof is:
(a) Served upon hirn~er personally; or
(b) Sent by registered mail to Ms/her last known address; or
(c)
Upon failure to effect notice through (1) or (2) as set out in this section, service may
be made pursuant to Minnesota Statutes 463.17, Subd. 2, which reads as follows:
"Service. This order shall be served upon the owner of record, or the owner's agent if'
an agent is in charge of the Building or property, and upon the occupying tenant, if
there is one, and Upon all lien holders of record, in the manner provided for service of
a summons in a civil action. If the owner cannot be found, the order shall be servi~d
upon the owner by posting it at the main entrance to the Building or, if there is no
Building, in a conspicuous.place on the property, and'b~r four weeks' publication in the
official newspaper of the municipality if it has one, otherwise in a legal newspaper in
the county."
405.65. Right of Appea~l.. When it is alleged by any person to whom a Correction Order is
directed that such Correction Order is based upon erroneous interpretation of this ordinance, or upon
a misstatement or mistake of fact, such' person may appeal the Correction Order to a Board of Zoning
Adjustments and Appeals as established by Section 305.07 of the City Code. The Board as an
advisory body shall forward their recommendation to the City Council. Such appeals must be in
writing, must specify the grounds for the appeal, must be aecomp~ed by a filing fee as designated
by the City Council in cash or cashiers cheek, and must be filed with the Compliance Official within
five (5) business days after service of the Correction Order. The filing of an appeal shall stay all
proceedings in furtherance of the action appealed from unless such a stay would cause imminent peril
to life, health or property.
405.70. Board of Appeal's Decision. Upon at least five (5) business days' mailed notice to the
appellant and to all owners of property located within one hundred (100) feet of the boundaries of the
property which is the subject of the appeal of the time and pla~ for hearing the appeal and within 30
days a~ said appeal is filed, the Board of Appeals shall hold a hearing thereon. The Board of
Appeals may recommend to the City Council that the order be reversed, modified or affmned in
whole or in part. (Oral 95-5,//17~$)
405.75. Restrictions on Transfer of Ownership. It shall be unlawful for the owner of any
dwelling, dwelling unit or rooming unit upon whom a pending Correction Order has been served to
sell, transfer, mortgage or lease or otherwise dispose thereof to another person until the provisions of
the Correction Order have been complied with, unless such owner shall furnish to
Plymouth City Code
405.75
grantee, lessee or mortgagee a true copy of any notice of violation or Correction Order and shall
obtain and possess a receipt of acknowledgment. Anyone securing an interest in the dwelling,
dwelling unit or rooming unit who has received notice of the existence of the Correction Order shall
be bound by same without further service of notice upon him and a]~l] be liable to all penalties and
procedures provided by ~ ordinance.
405.80. Penalties. Any person who fails to comply with a Correction Order after a right of
appeal has expired and any person who fails to comply with a modified Correction Order within the
time set therein, upon conviction therefor, shall be guilty of a misdemeanor. Each day of such failure
to comply shall constitute a separate punishable offense.
405.85. Execution of Correction Orders by Public Authority. Upon failure to comply with a
Correction Order within the time set therdn, and no appeal having been taken, or upon failure to
comply with a modified Correction Order within the time set therein, the criminal penalty established
hereunder notwithstanding, the City Council after due notice to the owner may be resolution cause
the cited deficiency to be remedied as set forth in the Correction Order. The cost of such remedy
shall be a lien against the subject real estate and may be levied and collected as a special assessment
in the manner provided by Minnesota Statutes Chapter 429, for any of the reasons set forth in Section
429.101, Subd. l, and specifically for the removal or elimination ofpublic health or safety hazards
from private property, but the assessment shall be payable in a single installment. It is the intent of
this section to authorize the City to utiHTe all of the provisions of Section 429.101 to pwmo~ the
public's health, safety and general welfare.
405.90. Severability Clause. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Plymouth City Code
410.00
Section 410 - Housing and Redevelopment
410.00. Purpose. It is the purpose of this ordinance to protect the public health, safety and
.welfm-e of citizens of the City who have as their place of abode a living unit furnished to them for the
payment of a rental charge to another by adopting licensing regulations for all rental dwellings in the
city.
4i0.05. Definitions. For the purposes of Section 410.00 et. seq., the terms defined in this
section shall have the meanings given them in the subdivisions which follow:
Subd. 1. Rental Dwelling. As used in this ordinance the term "rental dwelling" shall mean
any rental dwelling with one or more living units. "Rental dwelling" does not include hotels, motels,
hospitals and homes for aged.
Subd. 2. Operate. As used in this ordinance, the term "operate" means to charge a rental
charge or other form of compensation for the use of a unit in a rental dwelling.
410. 10. License Required. No person, firm, partnership, corporation or other legal entity shall
operate a rental dwelling in the City without fa-st having obtained a license. The license is issued
each year and is valid until the date of expiration.
410.15. Application for Licenses. Applications for licenses shall be made in writing on forms
provided by the City and accompanied by the fee amounts as established by the City Council. Such
application shall be submitted at least sixty (60) days prior to the expiration date of the license, and
shall specify the following:
Subd. 1. Name and address of the owner of the rental dwelling. In eases where the owner of
a rental dwelling lives outside of Hennepin County limits, the registration shall be made by an
operator who shall be legally responsible for compliance with this and other ordinances and such
operator shall live in Hennepin County.
Subd. 2. Name and address of any operator or agent actively managing said rental dwelling.
Subd. 3. Name and address of all partners if the registrant is a partnership.
Subd. 4. Name and address of all officers of the corporation if the registrant is a corporation.
Subd. 5. Name and address of the vendee if the rental dwelling is owned or being sold on a
contract for deed.
Subd. 6. Legal address of the rental dwelling.
Subd. 7. Number and kind of units within the rental dwelling classified as dwelling units,
tenement units, or rooming units or other.
Plymouth City Code
410.15, Subd. 8
Subd. 8. Name and address of on site operating manager'if any.
410.20. Application~ Execution. The application shaH be subscribed and sworn to be the
applicant before an officer duly qualified to take oaths and shah be made by the owner if such owner
is a nav. tml person; if the owner is a corporation by an Officer tlmreo~ ifa parttmmhip by one of the
parmers; and if an tmincolpo~ nssooiation, by the manager or managing officer thei~f-
410,25. License Renewal. Notwithstan~ the application signature re~ of Section
410.20, renewals of the license ns required annunlly by this code may be mna_e by filling out the
required renewal form furnished by the City Manager to the owner, operator or agent of a rental
dwelling and mailing said form together with the required registration fee to the City Manager.
410.30.
time.
License Fees. Such license fees shall be in the amount set by the Coundl from time to
410'.35. Posting. Every registrant of a rental dwelling shall post the' annual license ismuxl by
the City Msnsger.. The annual license shall be conspicuously posi~t ('ma frame with a glass
covering) by the registrant, in a public corridor, hallway or lobby of the rental dwelling for which..
they are issued. =
· . .= -. . .'
..
410.40. Maintenance Standards. Every rental dwelling shall maintain the standards in Chapter .
405 Homing Maintenance Code in addition to any other requirement of the ordinance of tho City or
special permits issued by the City, or the laws of the State of Minneso~
410.45. Revocation or Suspension. Subd. 1. Every license or permit issued under this
ordinance is subject to the right, which is hereby exp~y reserved, to suspend or revoke the same
should the license holder or their agents, employees, representatives or lessees directly or indirectly
operate or maintain rental dwellings contrary to the provisions of this ordimmce or any other
ordinance of the City or any special ~it issued by the City or the laws of.the State of Minnesota.-
Subd. 2. The license may be suspended or revoked by the City Coundl after a'written notice
is sent to the license holder specifying the ordinance or law violations with which they are charged.
This notice shall also specify the date for hearing before the City Council, which shall not be less
than l 0 days from the date of the notice.
Subd. 3. At such hearing before the city Council, the license holder or their attome~ may
submit and present witnesses on tbek behalf.
Subd. 4. After a hearing the City Council may suspend or revoke the license if they deem it
necessary to protect the public health, safety or general welfare.
410.50. Summary Action. Subd. 1. When the condition of the rental dwelling of any license
holder or their agent, representative, employee or lessee is detrim~ to the public health, safety and
general welfare as to constitute a nuisance, fire hazard or other unsafe or dnn~erous
Plymouth City Code
410.50, Subd. 1
condition and thus give rise to an emergency, the Compliance Official shall have the authority to
summarily condemn or close off such area of the rental dwelling.
Subd. 2. Any person aggrieved by a decision of the Compliance Official to cease business or
revoke or suspend the license or permit shall be entitled tO appeal to the City Council immediately,
by filing a Notice of Appeal. The Manager shall schedule a date for hearing before the City Council
and notify the aggrieved person of the date.
Subd. 3. The hearing shall be conducted in the same manner as if the aggrieved person had
not received summary action.
Subd. 4. The decision of the Compliance Official shall not be voided by the filing of such
appeal. Only at~r the City Council has held its hearing will the decision of the Compliance Official
be affected.
410.55. Applicable Laws. Licenses shall be subject to all of the ordinances of the City and the
State of Minnesota relating to .rental dwellings; and this ordinance shall not be consmied or
interpreted to supersede or limit any other such applicable ordinance or law.
CHAPTER 8
PROPERTY MAINTENANCE CODE
SECTION:
4-8-1:
4-8-1-1:
4-8-1-2:
4-8-1-3:
4-8-1-4:
4-8-1-5:
4-8-1-6:
4-8-1-7:
4-8-1-8:
4-8-1-9:
4-8-2:
4-8-2-1:
4-8-2-2:
4-8-3:
4-8-3-1:
4-8-3-2:
4-8-3-3:
4-8-3-4:
4-8-3-5:
4-8-3-6:
4-8-4:
4-8-4-1:
4-8-4-2:
4-8-4-3:
4-8-4-4:
4-8-5:
4-8-5-1:
4-8-5-2:
4-8-5-3:
4-8-5-4:
4-8-5-5:
4-8-5-6:
4-8-5-7:
Administration
General
Applicability
Department Of Inspections
Duties And Powem Of The Code Official
Approval
Violations
Notices And Ordem
Hazardous And Substandard Buildings And Vacant
Buildings
Emergency Measures
Definitions
General
General Definitions
General Requirements
General
Exterior Property Areas
Exterior Structure
Interior Structure
Rubbish And Garbage
Extermination
Light, Ventilation And Occupancy Limitations
General
Light
Ventilation
Occupancy Limitations
Plumbing Facilities And Fixture Requirements
General
Required Facilities
Toilet Rooms
Plumbing Systems And Fixtures
Water System
Sanitary Drainage System
Storm Drainage
299
·
4-8-1
4-8-1-1
4-8-6:
4-8-6-1:
4-8-6-2:
4-8-6-3:
4-8-6-4:
4-8-6-5:
4-8-6-6:
4-8-6-7:
4-8-7:
4-8-7-1:
4-8-7-2:
4-8-7-3:
4-8-7-4:
4-8-7-5:
Mechanical And Electrical Requirements
General
Heating Facilities
Mechanical Equipment
Electrical Facilities
Electrical Equipment
Elevators, Escalators And Dumbwaiters
Duct Systems
Fire Safety Requirements General
Means Of Egress
Accumulations And Storage
Fire Resistance Ratings
Fire Protection Systems
4-8-1:
ADMINISTRATION:
4-8-1-1: GENERAL:
(A)
Title: These regulations shall be known as the .PROPERTY
MAINTENANCE CODE OF THE CITY OF BURNSVILLE, hereinafter
referred to as "this code".
Scope: The provisions of this Chapter shall apply to all existing
residential and nonresidential structures and all existing premises
and constitute minimum requirements and standards for premises,
structures, equipment, and facilities for light, ventilation, space,
heating, sanitation, protection from the elements, life safety, safety
from fire and other hazards, and for safe and sanitary maintenance;
the responsibility of owners, operators and occupants; the
occupancy of existing structures and premises, and for
administration, enforcement and penalties.
(c)
Intent: This Chapter shall be construed to secure Its expressed
Intent, which is to ensure public health, safety, aesthetics, and
welfare Insofar as they are affected by the continued occupancy and
maintenance of structures, premises and land. Existing structures,
premises and land that do not comply with these provisions shall be
altered or repaired to come Into compliance. The owner may adopt
more stringent restrictions to provide a higher level of health and
299
City of Burnsvills
4-8-1-1
4-8-1-2
(D)
safety; the owner, and not the City, Is responsible for enforcing any
restrictions above and beyond those Identified herein.
Severability: If a section, 'subsection, sentence, clause or phrase'of
this Chapter Is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of this
Chapter. (Ord. 706, 3-16-1998)
4-8-1-2: APPLICABILITY:
(A)
General: The provisions of this Chapter shall apply to all matters
affecting or relating to structures and premises, as set forth in
Section 4-8-1-1 of this Chapter. Where, In a specific case, different
sections of this Code specify different requirements, the most
restrictive shall govem.
(B)
Maintenance: Equipment, systems, devices and safeguards required
by this Chapter or a previous regulation or code under which the
structure or premises was constructed, altered or repaired shall be
maintained in good working order. The requirements of this Chapter
are not intended to provide the basis for removal or abrogation of fire
protection and safety systems and devices in existing structures.
Except as otherwise specified herein, the owner or the owner's
designated agent shall be responsible for the maintenance of
buildings, structures and premises.
(c)
Application Of Other Codes: Repairs, additions or alterations to a .
structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the building code located at
Section 4-1-1 of this Title.
(D)
Existing Remedies: The provisions in this Chapter shall not be
construed to abolish or impair existing remedies of the Ci~y or Its
officers or agencies relating to the removal or demolition of any
structure which is dangerous, unsafe and unsanitary.
(E)
Workmanship: Repairs, maintenance work, alterations or Installations
which are. caused directly or indirectly by the enforcement of this
Chapter shall be executed and Installed In a workmanlike manner
and Installed In accordance with the manufacturer's Installation
Instructions.
(F)
Historic Buildings: The provisions of this Chapter shall not be
mandatory for existing buildings or structures designated by the
Cih, of Burn~ille
299
4-8-1-2
4-8-1-3
(G)
(H)
State as historic buildings when such buildings or structures are
Judged by the code official to be safe and In the public Interest of
health, safety and welfare.
Referenced Codes And Standards: The codes and standards
referenced In this Chapter shall be those that are listed In the
building code located at Section 4-1-1 of this Title and considered
part of the requirements of this Chapter to the prescribed extent of
each such reference.
i
Requirements Not Covered By Code: Requirements necessary for
the strength, stability or proper operation of an existing structure or
equipment, or for the public safety, health and general welfare, not
specifically covered by this Chapter, shall be determined by the code
official. (Ord. 706, 3-16-1998)
4-8-1-3:' DEPARTMENT OF INSPECTIONS:
(A).
General: The Department of Inspections is hereby created and the
executive official in charge-thereof shall be known as the code
official.
{B)
Appointment: The code official shall be appointed by the City
Manager.
(c)
Restriction Of Employees: An official or employee connected with the
enforcement of this Chapter shall not be engaged in, or directly or
indirectly connected with, the furnishing of labor, materials or
appliances for the construction, alteration or maintenance of a
building, or the preparation of construction documents thereof,
unless that person is the owner of the building; nor shall such officer
or employee engage in any work that conflicts with official duties or
with the Interests of the Department.
(D)
Liability: The code official, officer or employee charged with the
enforcement of this Chapter, while acting for the City, shall not
thereby be rendered liable personally, and is hereby relieved from all
personal liability for any damage accruing to persons or property as
a result of an act required or permitted in the discharge of official
duties.
Any suit Instituted against any officer or employee because of an act
performed by that officer or employee In the lawful discharge of
duties and under the provisions of this Chapter shall be defended by
299
City of Burnsville
4-8-1-3
4-8-1-5
the City Attomey until the final termination of the proceedings. The
code official or any subordinate shall not be liable for costs In an
action, suit or proceeding that Is Instituted in pursuance of the
provisions of this Chapter; and any officer of the Department of
Inspections, acting in good faith and without malice, shall be free
from liability for acts performed under any of Its provisions or by
reason of any act or omission in the performance, of official duties In
connection therewith. (Ord. 706, 3-16-1998)
4-8-1-4: DUTIES AND POWE~ OF ~ CODE OFFICIAL:
(A) General: The code official shall enforce the provisions of this
Chapter.
(B)
(c)
Right Of Entry: The code official is authorized to enter the structure
or premises at reasonable times to Inspect subject to constitutional
restrictions on unreasonable seamhes and Seizures. If entry Is
refused or not obtained, the. code official is authorized to pumUe
recourse as provided by law.
. .
Identification: The code' Official shall carry proper IdentifiCation When
Inspecting structures or premises in the performance of duties under
this Chapter. --
(D)
Notices And Orders: The code official shall Issue 'all necessary.
notices or orders to ensure compliance with this Chapter;
(E)
Department Records: The code official shall keep official records of
all business and activities of the Department of Inspections. Such
records shall be retained In the official records as long as the
building or structure to which such records relate remains in
existence, unless otherwise provided for by other regulations. (Ord.
706, 3-16-1998)
4-8-1-5: APPROVAL:
(A)
Modifications: Whenever there are practical difficulties involved In
carrying out the provisions of this Chapter, the code official shall
have the authority to grant modifications for Individual cases; The
code official shall first find that strict compliance with this Chapter
Imposes an undue hardship on the owner, and that modification does
not lessen health, aesthetic, life and fire safety rrequirements.
Modifications shall only relate to such things as alternative materials,
Cit~ o£ Burr~ville
299
4-8-1-5
4-8-1-6
methods, and equipment, or an extension of time to remedy code
violations; however no modifications from specific code requirements
shall be granted. The details of action granting modifications shall be
recorded and entered In the Department files.
(B)
Alternative Materials, Methods And Equipment: The provisions of this
Chapter are not Intended to prevent the Installation of any material or
to prohibit any method of construction not specifically prescribed by
this Chapter, provided that any such alternative has been approved.
An alternative material or method of construction shall be approved
where the code official finds that the proposed design Is satisfactory
and complies with the Intent of the provisions of this Chapter, and
that the material, method or work offered Is, for the purpose
Intended, at least the equivalent of that prescribed In this Chapter In
quality, strength, effectiveness, fire resistance, durability and safety.
(c)
Required Testing: Whenever there Is insufficient evidence of
compliance with the provisions of this Chapter, or evidence that a
material or method does not conform to the requirements of this
Chapter, or in order to substantiate claims for alternative materials or
methods,'the code official shall have the authority to require tests as
evidence of compliance to be made at no expense to the City.
(D)
Test Methods: Test methods shall be as specified In this Chapter or
by other recognized test standards. In the absence of recognized
and accepted test methods, the code official shall approve the
testing procedures. (Ord. 706, 3-16-1998)
4-8-1-6: VIOLATIONS:
(A)
Unlawful Acts: It shall be unlawful for a person, firm or corporation to
be in conflict with or In violation of any of the provisions of this
Chapter.
(B)
Notice Of Violation: The code official shall serve a notice of violation
or order In accordance with Section 4-8-1-7 of this Chapter or as
required by State statute.
(c)
Prosecution Of Violation: If the notice of violation Is not complied
with, the code official shall Institute the appropriate proceeding at
law or In equity to restrain, correct or abate such violation, or to
require the removal or termination of the unlawful occupancy of the
structure in violation of the provisions of this Chapter or of the order
or direction made pursuant thereto.
299
Ci~ of Burnsville
4-8-1-6
4-8-1-7
(D)
(E)
Violation Penalties: Any person who shall violate a provision of this
Chapter, or fall to comply therewith, or with any of the requirements
thereof is guilty of a misdemeanor. Each day that a violation
continues after due notice has been served shall be deemed a
separate offense.
Abatement Of Violation: The Imposition of the penalties heraln
prescribed shall not preclude the City Attomey from Instituting
appropriate action to restrain, correct or abate a violation, or to
prevent legal occupancy of a building, structure or premises, or to
stop an illegal act, conduct, business or utilization of the building,
structure or premises. (Ord. 706, 3-16-1998)
4-8-1-7:
(A)
(B)
(c)
NOTICF~ AND ORDERS:
Notice To Owner Or To Person Or Persons Responsible: Whenever
the code official determines that there, has been a violation of this
Chapter or has grounds to believe that a violation has occurred,
notice shall be given to the owner or the person or persons
responsible therefor in the manner prescribed In subsections (B) and
(C) of this Section.
Form: Such notice prescribed in subsection (A) of this Section shall:
1. Be in writing;
2. Include a description of the real estate sufficient for Identification;
3. Include a statement of the violation or violations and why the
notice Is being Issued; and
4. Include a correction order allowing a reasonable time to make the
repairs and Improvements required to bring the dwelling unit or
structure into compliance with the provisions of this Chapter.
Method Of Service: Such notice shall be deemed to be properly
served if a copy thereof is:
1. Delivered personally; or
2. Sent by certified or first-class mall addressed to the owner at the
last known address; or
299
4-8-1-7
4-8-1-9
(D)
3. If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about the
structure affected by such notice.
Transfer Of Ownership: It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another unit until the
provisions of the compliance order or notice of violation have been
complied with, or until such owner shall first furnish the grantee,
transferee, mortgagee or lessee a true copy of any compliance order
or notice of violation Issued by the code official and shall furnish to
the code official a signed and notarized statement from the grantee,
transferee, mortgagee or lessee, acknowledging the receipt of such
compliance order or notice of violation and fully accepting the
responsibility without condition for making the corrections or repairs
required by such compliance order or notice of violation. (Ord. 706,
3-16-1998)
4-8-1-8:
HAZARDOUS AND SUBSTANDARD BUILDINGS AND
VACANT BUILDINGS:
(A)
Hazardous And Substandard Buildings: Hazardous and.substandard
buildings shall be abated in accordance with Minnesota Statutes,
section 463,15 et seq,
Securing Vacant Buildings: Vacant buildings may be secured in
accordance with Minnesota Statutes, section 463.251. (Ord. 706,
3-16-199e)
4-8-1-9: EMERGENCY MEASURES:
(A)
Imminent Danger: When, in the opinion of the code official, there Is
imminent danger of failure or collapse of a building or structure
which endangers life, or when any structure or part of a structure has
fallen and life is endangered by the occupation of the structure, or
when there is actual or potential danger to the building occupants or
those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or
materials, or operation of defective or dangerous equipment, the
code official is hereby authorized and empowered to order and
require the occupants to vacate the premises forthwith. The code
official shall cause to be posted at each entrance to such structure a
299
~ity of Burnsville
4-8-1-g
4-8-2-1
(B)
(c)
(D)
(E)
notice reading as follows: 'This Structure Is Unsafe and Its
Occupancy has been Prohibited by the Code Official'. It shall be
unlawful for any person to enter such structure except for the
purpose of securing the structure, making the required reepairs,
removing the hazardous condition, or of demolishing the same.
Temporary Safeguards: Notwithstanding other provisions of this
Chapter, whenever, in the opinion of the code official, there Is
Imminent danger due to an unsafe condition, the code official shall
order the necessary work to be done, Including the boarding-up of
opanlngs, to render such structure temporarily safe whether or not
the legal procedure herein deecribed has been Instituted; and shall
cause such other action to be taken as the code official deems
necessary to meet such emergency.
Closing Streets: When necessary for the public safety, the code
official shall temporarily close structures and close, or order the
authority having jurisdiction to close, sidewalks, streets, public ways
and places adjacent to unsafe structures, and prohibit the same from
being utilized.
Emergency Repairs: For the purposes of this Section, the code
official shall employ the necessary labor and materials to perform the
required work as expeditiously as possible.
· .
Costs Of Emergency Repairs: Costs Incurred in the performance of
emergency work shall be paid by the City. The City Attorney shall
Institute appropriate action against the owner of the premlsas where
the unsafe structure Is or was located for the recovery of such costs.
In addition, to the extent authorized by statute, the City may provide
for the collection of the costs as a special assessment against the
property benefited, pursuant to Minnesota Statutes, section 429,101,
subdivision 1, (Ord., 706, 3-16-1998)
4-8-2: DEFINITIONS:
4-8-2-1: GENERAL:
(A) Scope: Unless otherwise expressly stated, the following terms shall,
for the purposes of this Chapter, have the meanings shown In this
Section.
Cit~ o£ Bsr~vil~
299
4-8-2-1
4-8-2-2
(c)
(D)
(E)
Interchangeabllity: Words stated in the present tense Include the
future; words stated In the masculine gender Include the feminine
and neuter; the singular number Includes the plural and the' plural
the singular.
Terms Defined In Other Codes: Where terms are not defined in this
Chapter and are defined In the building code located at Section 4-1-1
of this Title, such terms shall have the meanings asq[Ibed to them as
In that code.
Terms Not Defined: Where terms are not defined, through the
methods authorized by this Section, such terms shall have ordinarily
accepted meanings such as the context Implies.
Parts: Whenever the words "dwelling unit', 'dwelling", "premises",
"building", "rooming house', "rooming unit" or "story" are stated In
this Chapter, they shall be construed as tho'ugh they were followed
by the words "or any part thereof", (Ord, 706, 3-16-1998)
4-8-2-2: GENERAL DEFINITIONS:
APPROVED:
Approved by the code official.
BASEMENT:
That portion of a building which is partly or
completely below grade.
BATHROOM'
A room containing plumbing fixtures Including s
bathtub or shower.
BEDROOM:
Any room or space used or Intended to be used
primarily for sleeping purposes, but not a
kitchen, bathroom, or other nonhabitable space.
CODE OFFICIAL:
The official who is charged with the
administration and enforcement of this Chapter,
or any duly authorized representative.
CONDEMN:
To adjudge unfit for occupancy.
DWELLING UNIT:
A single unit providing complete, Independent
living facilities for one or more persons,
Including permanent provisions for living,
sleeping, eating, cooking and sanitation,
299
Cit~ o£ Burnsville
4-8-2-2
4-8-2-2
EXTERIOR
PROPERTY:
EXTERMINATION:
GARBAGE:
HABITABLE SPACE:
IMMINENT HAZARD:
INFESTATION:
KITCHEN:
LABELED:
LAWN:
The open space on the premises and on
adjoining property under the control' of owners
or operators of such premises.
The control and elimination of Insects, rats or
other pests by eliminating their harborage
places; by removing or malting inaccessible
materials that serve as their food; by poison
spraying,-fumigatingl trapping or by any other
approved pest elimination methods.
The animal or vegetable waste resulting from
the handling, preparation, cooking and
consumption of food.
Space in a structure for living, sleeping, eating
or cooking. Bathrooms, toilet rooms, closets,
halls, storage or utll .ity spaces, and similar areas
are not-considered habitable spaces. ..
A condition which could cause serious 0r'life-
threatening Injury or death at any time~ ..
The presence, within or contiguous to, a
structure or premises of Insects, rats,'vermln or
other pests..
A room or an area equipped for preparing and ·
cooking food.
Devices, equipment, appliances or materials .to
which has been affixed a label, seal, symbol or
other identifying mark of a nationally recognized
testing laboratory, Inspection agency or other
organization concerned with product evaluation
that maintains Periodic Inspection of the
production of' the above labeled Items and by
whose label the manufacturer attests to
compliance with applicable nationally
recognized standards.
Ground (as around a house or in a garden or
park) that Is covered with grass and kept
mowed.
City of Burnzville
October 2000
4-8-2-2
4-8-2-2
LEGIONNAIRES'
DISEASE:
LET FOR
OCCUPANCY OR LET:
OCCUPANCY:
OCCUPANT:
OPENABLE AREA:
OPERATOR:
OWNER:
PERSON:
PREMISES:
The excess fluids from cooling towers are a
known cause of Legionnaires' disease. The
cooling tower fluids shall be monitored and
treated so as to prevent any health diseases.
To permit, provide or offer possession or
occupancy of a dwelling, dwelling unit, rooming
unit, building, premises or structure by a person
who is or Is not the legal owner of record
thereof, pursuant to a written or unwritten lease,
agreement or license, or pursuant to a recorded
or unrecorded agreement of contract for the
sale of land.
The purpose for which a building or portion
thereof is utilized or occupied.
Any individual living or sleeping In a building; or
having possession of a space within a building.
That part of a window, skylight or door which Is
available for unobstructed ventilation and which
opens directly to the outdoors.
Any person who has charge, care or control of a
structure or premises which Is let or offered for
occupancy.
Any person, agent, operator, firm or corporation
having a legal or equitable Interest in the
property; or recorded in the official records of
the State or County as holding title to the
property; or otherwise having control of the
property, Including the guardian of the estate of
any such person, and the executor or
administrator of the estate of such person If
ordered to take possession of real property by a
court.
An Individual, corporation, partnership or any
other group acting as a unit.
A lot, plot or parcel of land Including any
structures thereon.
October 2000
City of Burnsville
4-8-2-2
4-8-2-2
RODENT:
ROOMING HOUSE:
ROOMING UNIT:
RUBBISH:
STRUCTURE:
TENANT:
TOILET ROOM:
VENTILATION:
WORKMANLIKE:
YARD:
Any animals or Insects commonly seeking to
make their home within the Interior of a
permanent structure, including birds, bats, bees,
wasps, moths, squirrels, mice and rats.
A building arranged or occupied for lodging,
with or without meals, for compensation and not
occupied as a one- or two-family dwelling.
Any room or group of rooms forming a single
habitable unit occupied or Intended to be
occupied for sleeping or living, but not for
cooking purposes.
Combustible and noncombustible waste
materials, except garbage; the term shall
Include the residue from the burning of wood,
coal, coke and other combustible materials;
appliances, furniture, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree
branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and dust and
other similar materials.
That which is built or constructed or a portion
thereof.
A person, corporation, partnership or group,
whether or not the legal owner of record,
occupying a building or portion thereof as a unit,
A room containing a water closet or urinal but
not a bathtub or shower.
The natural or mechanical process of supplying
conditioned or unconditioned air to, or removing
such air from, any space.
Executed in a skilled manner; e.g., generally
plumb, level, square, in line, undamaged, and
without marring adjacent work.
An open space on the same lot with a structure.
(Ord. 706, 3-16-1998; amd. Ord. 781,
1-18-2000)
ci.~ of Ba~n~ville
October 2000
4-8-3
4-8-3-2
4-8-3:
GENERAL REQUIREMENTS:
4-8-3-1: GENERAL:
(A)
Scope: The provisions of this Section shall govern the minimum
conditions and the responsibilities of persons for maintenance of
structures, equipment and exterior property.
(B)
Responsibility: The owner of the premises shall maintain the
structures and exterior property In compliance with these
requirements, except as otherwise provided for In Sections 4-8-3-5
and 4-8-3-6 of this Chapter. A person shall not occupy as owner-
occupant or permit another person to occupy premises which are not
in a sanitary and safe condition and which do not comply with the
requirements of this Section..Occupants of a dwelling unit are
responsible for keeping In a clean, sanitary and safe condition that
part of the dwelling unit or premises which they occupy and control.
(c)
Vacant Structures And Land: All vacant structures and premises
thereof or vacant land shall be maintained in a clean, safe, secure
and sanitary condition as provided herein so as not to cause a
blighting problem or adversely affect the public health or safety.
(Ord. 706, 3-16-1998)
4-8-3-2: EXTERIOR PROPERTY AREAS:
(A)
Sanitation: All exterior property and premises shall be maintained In
a clean, safe and sanitary condition. The occupant shall keep that
part of the exterior property which such occupant occupies or
controls in a clean and sanitary condition.
(B)
Grading And Drainage: All premises shall be graded and maintained
to prevent the erosion of soil and the accumulation of stagnant water
thereon, within any structure located thereon, or on any adjacent
property.
Exception: Approved retention areas and reservoirs.
(c)
Sidewalks And Driveways: All sidewalks, walkways, stairs,
driveways, parking spaces and similar areas shall be kept In a
proper state of repair, and maintained free from hazardous
October 2000
City of Burnsville
4-8-3-2
4-8-3-2
(D)
(E)
(F)
(G)
(H)
(i)
conditions. Stairs shall comply with the requirements of subsections
4-8-3-3(J) and 4-8-7-2(I) of this Chapter.
Weeds: All premises and exterior property shall be maintained free
from weeds or plant growth in excess of eight Inches (8'). All
noxious weeds shall be prohibited. 'Weeds" shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, this term shall not Include cultivated flowers and.
gardens or prairie grasses as defined in Section 7-1-12 of this Code.
Rodent Harborage: All structures and exterior property shall be kept
frae from rodent harborage and Infestation. Where rodents are
found, they shall be promptly exterminated by approved processes
which will not be Injurious to human health. After extermination,
proper precautions shall be taken to eliminate rodent harborage and
prevent rainfestatlon.
Exhaust Vents: Pipes, ducts, Conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or
other gaseous or particulate wastes-directly upon abutting or
adjacent public or private property or that of another tenant.
Accessory Structures: All accessory structures, including detached
garages, fences and retaining walls, shall be maintained structurally
sound and in good repair, and the garage exterior shall be the same
color as the principal structure.
1. Gates which are required to be self-closing and self-latching in.
accordance with the building code shall be maintained such that the
gate will positively close and latch when released from a still position
of slx Inches (6") from the gatepost.
Pools And Pool Buildings: All pools and associated buildings must
be kept In good repair so as not to pose a threat to public health,
safety and welfare. The Minnesota State pool regulations will prevail
with regard to the water treatment. The pool circulation pump and
filtration system must be maintained In operation from May 31 until
September 1. Pools that cannot meet these standards must be
abated and sealed as per City ordinance.
Defacement Of Property: No person shall wilfully or wantonly
damage, mutilate or deface any exterior surface of any structure or
building on any private or public property by placing thereon any
marking, carving or graffiti.
City of Burnsoill~
299
4-8-3-2
4-8-3-3
It shall be the resPonsibility of the owner to restore said surface to
an approved state of malntenanca and repair. (Ord. 706, 3-16-1998)
4-8-3-3: EXTERIOR STRUCTURE:
(A)
General: The exterior of a structure shall be maintained In good
repair, structurally sound and sanitary so as not to pose a threat to
the public health, safety or welfare.
Protective Treatment: All exterior surfaces, Including, but not limited
to, doore, door and window frames, cornices, porches and trim, shall
be maintained in a good condition. Exterior wood surfaces, other
than decay-resistant woods, shall be protected from the elements
and decay by painting or other protective covering or treatment.
Peeling, flaking and chipped paint shall be eliminated and surfaces
repainted. All siding and masonry Joints as well as those between
the building envelope and the perimeter of windows, doors, and
skylights shall be maintained weather resistant and watertight.
(c)
Street Numbers: Each structure to which a street number has been
assigned shall have such number displayed in a position easily
observed and readable from the public way. All numbers shall be In
Arabic numerals at least 3.5 inches high.
(D)
Structural Members: All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the
Imposed dead and live loads.
(E)
Foundation Walls: All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept In such
condition so as to prevent the entry of rodents.
(F)
Exterior Walls: All exterior walls shall be free from holes, breaks,
loose or rotting materials; and maintained weatherproof and properly
surface coated where required to prevent deterioration.
(G)
Roofs And Drainage: The roof and flashing shall be sound, tight and -
not have defects that admit rain. Roof drainage shall be adequate to
prevent dampness or deterioration in the walls or Interior portion of
the structure. Roof drains, gutters and downspouts shall be
maintained in good repair and free from obstructions. Roof water
shall not be discharged in a manner that creates a public nuisance.
299
City of Burnsville
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4-8-3-3
(H)
(J)
(K)
(L)
(M)
(N)
Decorative Features: All comlces, belt courses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and In a safe condition.
Overhang Extensions: All canopies, marquees, signs, metal awnings,
fire escapes, standpipes, exhaust ducts and similar overhang
extensions shall be maintained In good repair and be propedy
anchored so as to be kept in a sound condition.-When required, all
exposed surfaces of metal or wood shall be protected from the -
elements and against decay or rust by pe'riodlc application of
weather-coating materials, such as paint or similar surface
treatment.
Stair And Walking Surfaces: Every stair, ramp, balcony, porch, deck
or other walking surface shall comply with .the provisions of
subsection 4-8-7-2(I) of this Chapter.
Stairways, Decks, Porches And Balconies: 'Every e.xterior stairway,-
deck, porch and balcony, and all appurtenances attached thereto,
shall be maintained structurally, sound, in good repair, with proper
anchorage and capable of supporting the Imposed loads. '. '
Chimneys And Towers: All chimneys, cooling towers, smokestacks,
and similar appurtenances shall be maintained structurally safe and
sound, and In good repair. All exposed surfaces of metal or wood
shall be protected from the elements and against decay or rust by
periodic application of weather-coating materials, such as paint ot
similar surface treatment.
1. Legionnaires' Disease: The excess fluids from cooling towers ara
a known cause of Legionnaires' disease. The cooling tower fluids
shall be monitored and treated so as to prevent any health diseases.
Handrails And Guards: Every handrail and guard shall be firmly
fastened and capable of supporting normally Imposed loads and
shall be maintained In good condition.
Window, Skylight And Door Frames: Every window, skylight, door
and frame shall be kept In sound condition, good repair and
weathertight.
1. Glazing: All glazing materials shall be maintained free from cracks
and holes.
CRy of Burnsvill~
4-8-3-3
4-8-3-4
(o)
(P)
(Q)
(R)
2. Openable Windows: Every window, other than a fixed window,
shall be easily openable and capable of being held in position by
window hardware.
Insect Screens: During the period from June I to September 1, every
door, window and other outside opening required for ventilation of
habitable rooms, food preparetlon areas, food service areas, or any
areas where products to be Included or utilized In food for human
consumption are processed, manufactured, packaged or stored, shall
be supplied with approved tightly fitting screens of not less than
sixteen (16) mesh per inch and every swinging door shall have a
self-closing device in good working condition.
Exception: Screen doors shall not be required where other approved
means, such as air curtains or Insect repellant fans, are employed.
Doors: All exterior doors, door assemblies and hardware shall be
maintained In good condition. Locks at all entrances .to dwelling
units, rooming units and guest rooms shall tightly secure the door,
Basement Hatchways: Every basement hatchway shall be
maintained to prevent the entrance of rodents, rain and surface
drainage water.
Guards For Basement Windows: Every basement window that Is
openable shall be supplied with rodent shields, storm windows or
other approved protection against the entry of rodents. (Ord. 706,
3-16-1998)
4-8-3-4: INTERIOR STRUCTURE:
(A)
General: The Interior of a structure and equipment therein shall be
maintained In good repair, structurally sound and in a sanitary
condition. Every occupant shall keep that part of the structure which
such occupant occupies or controls In a clean and sanitary condition.
Every owner of a structure containing a rooming house, a hotel, a
dormitory, two (2) or more dwelling units or two (2) or more
nonresidential occupancies, shall maintain, In a clean and sanitary
condition, the shared or public areas of the structure and exterior
property.
(S)
Structural Members: All structural members shall be maintained
structurally sound, and be capable of supporting the Imposed loads.
299
City of Burnsville
4-8-3-4
4-8-3-5
(c)
(D)
(E)
(F)
(G)
Intedor Surfaces: All Interior surfaces, including windows and doors,
shall be maintained In good, clean and sanitary condition. Peeling
paint, cracked or loose plaster, decayed wood, and other defective
surface conditions shall be corrected.
Stairs And Railings: All Interior stairs and railings shall be maintained
in sound condition and good repair.
Stairs And Walking Surfaces: Every stair, ramp, balcony, porch, deck
or other walking surface shall comply with the provisions of
subsection 4-8-7-2(I) of this Chapter.
Handrails And Guards: Every handrail and guard shall be firmly
fastened and capable of supporting normally Imposed loads and
shall be maintained In good condition.
Intedor Doors: Every intedor door shall fit reasonably well within its
frame and shall be capable of being opened and closed by being
propedy and securely attached to Jambs, headers or tracks as
Intended by the manufacturer of the attachment hardware. (Ord. 706,
3-16-1998)
4-8-3-5:
RUBBISH AND GARBAGE:
(A)
Accumulation Of Rubbish O'r Garbage: All exterior property and
premises, and the Intedor of every structure, shall be free from any
excessive accumulation of rubbish or garbage.
(B)
Disposal Of Rubbish: Every occupant of a structUre shall dispose of
all rubbish in a clean and sanitary manner by placing such rubbish in
approved containers.
1. Rubbish Storage Facilities: The owner of every occupied premises
shall supply approved covered containers for rubbish, and the owner
of the premises shall be responsible for the removal of rubbish.
(c)
Disposal Of Garbage: Every occupant of a structure shall dispose of
garbage In a clean and sanitary manner by placing such garbage In
an approved garbage disposal facility or approved garbage
containers.
1. Screening: If allowed in the zoning district where the property Is
located, all exterior garbage and recycling containers shall be
screened by opaque screening.
C~ of Burnsville
299
4-8-3-5
4-8-4-1'
(D)
Curbslde Collection: Appliances, furniture and similar Items shall not
be left outside for collection and disposal for more than seventy two
(72) hours before they are collected. (Ord. 706, 3-16-1998)
"'.
4-8-3-6: EXTERMINATION:
(A)
(B)
Infestation: All structures shall be kept free from Insect and rodent
Infestation. All structures In which Insects or rodents are found shall
be promptly exterminated by approved processes that will not be
injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestatlon.
Owner: The owner of any structure shall be responsible :for
extermination within the structure prior to renting or leasing the
structure.
(c)
Single Occupant: The occupant of a one-family dwelling or of a
single-tenant nonresidential structure shall be responsible 'for
extermination on the premises. -
(D)
Multiple Occupancy: The owner of a structure containing two (2) or
more dwelling units, a multiple occupancy, a rooming house or a
nonresidential structure shall be responsible for extermination In the
public .or shared areas of the structure and exterior' property, If
infestation Is caused by failure of an occupant to prevent such
Infestation in the area occupied, the occupants shall be responsible
for extermination.
(E)
Occupant: The occupint of any structure shall be responsible for the
continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the
structure, the owner shall be responsible for extermination, (Ord,
706, 3-16-1998)
4-8-4:
LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS:
4-8-4-1: GENERAL..
(A)
Scope: The provisions of this Section shall govern the minimum
conditions and standards for light, ventilation and space for
occupying a structure.
299
City of Burnsville
4-8-4-1
(B)
(c)
Responsibility: The owner of the structure shall provide and maintain
light, ventilation and space conditions In compliance with these
requirements. A person shall not occupy as owner-occupant, or
permit another person to occupy, any premlsas that does not comply
with the requirements of this Section.
Altemative Devices: In lieu of the means for natural light and
ventilation herein prescribed, arlJflclal light or mechanical ventilation
complying with the building code shall be permitted. (Ord. 706,
3-18-1998)
4-8-4-2: ].,]:G]~:
(A)
Habitable Spaces: Every habitable space shall have at least one
window of approved size facing directly to the outdoors or.to a court.
The minimum total glazed-area for every habitable space shall be
eight percent (8%) of the floor area of such room. Wherever walls or
other portions of a structure face .a window of any room and such
obstructions are located less than three feet (3') from the window
and extend to a level above that of the ceiling of the room, such
window shall not be deemed to face directly to the outdoors nor to a
court and shall not be Included as contributing to the required
minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior
glazing areas is provided through an adjoining room, the
unobstructed opening to the adjoining room shall be at least eight
percent (8%) of the floor area of the Interior room or space, but not
less than twenty five (25) square feet. The exterior glazing area shall
be based on the total floor area being sewed.
(B)
Common Halls And Stairways: Every common hall and stairway,
other than in one- and two-family dwellings, shall be lighted at all
times with at least a 60-watt standard incandescent light bulb or
equivalent for each two hundred (200) square feet of floor area,
provided that the spacing between lights shall not be greater than
thirty feet (30'). Every exterior means of egress stairway, other than
in one- and two-family dwellings, shall be illuminated with a minimum
of one foot-candle (11 lux) at floors, landings and treads.
(c)
Other Spaces: All other spaces shall be provided with natural or
artificial light sufficient to permit the maintenance of sanitary
conditions, and the safe occupancy of the space and utilization of
the appliances, equipment and fixtures. (Ord. 706, 3-16-1998)
2~
4-8-4-3
4-8-4-4
4-8-4-3: VENTILATION:
(A)
Habitable Spaces: Every habitable space shall have at least one
openable window. The total openable area of the window In every
room shall be equal to at least forty five percent (45%) of the
minimum glazed area required In subsection 4-8-4-2(A) of this
Chapter.
Exception: Where rooms and spaces without openings to the
outdoors are ventilated through an adjoining room, the unobstructed
opening to the adjoining room shall be at least e!ght percent (8%) of
the floor area of the Interior room or space, but not less than twenty
five (25) square feet. The ventilation openings to the outdoors shall
be based on a total floor area being ventilated.
(B)
Bathrooms And Toilet RoOms: Every bathroom and toilet room shall
comply with the ventilation requirements for habitable spaces as
required by subsection (A) of this Section, except that a Window shall
not be required In spaces equipped.with a mechanical ventilation
system. Air exhausted by a mechanical ventilation system from a
bathroom or toilet room shall.discharge to the outdoors and Shall not
be reclrculated.
(c)
Cooking Facilities: Unless approved ti~rough the certificate of
occupancy, cooking shall not be permitted in any rooming unit or
dormitory unit, and a cooking facility or appliance shall not be
permitted to be present in a rooming unit or dormitory unit.
Exception: Where specifically approved In writing by the code
official.
(D)
Process Ventilation: Where Injurious, toxic, Irritating or noxious
fumes, gases, dusts or mists are generated, a local exhaust
ventilation system shall be provided to remove the contaminating
agent at the source. Air shall be exhausted to the exterior and not be
reclrculated to any space.
(E)
Clothes Dryer Exhaust: Clothes dryer venting systems shall be
independent of all other systems and shall be vented in accordance
with the. manufacturer's Instructions. (Ord. 706, 3-16-1998)
4-8-4-4: OCCUPANCY LIMITATIONS:
(A) Maximum Density, Minimum Space, Use And Location
Requirements: No person shall occupy nor permit or let to be
299
City of Burnsville
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4-8-5-2
(B)
occupied any dwelling or dwelling unit for the purpose of living
therein, which does not comply with the following requirements.
Permissible Occupancy Of Dwelling Unit: With the exception of
owners occupying a respective dwelling 'unit prior to January 1,
1990, and a 'family' as defined in Section 10-4-2 of this Code, the
maximum permissible occupancy of any dwelling unit shall be
determined as follows:
1. For the first occupant, one hundred fifty (150) Square feet of
habitable room floor space and for every additional occupant thereof,
at least one hundred (100) square feet of habitable room floor space.
2. In no event shall the total number of occupants exceed two (2)
times the number of habitable rooms, less kitchen, in the dwelling
unit. (Ord. 706, 3-16-1998)
4-8-5:
4-8-5-1
(A)
(B)
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS:
: GENERAL:
Scope: The provisions of this Section shall govem the minimum
plumbing systems, facilities and plumbing fixtures to be provided~
Responsibility: The owner of the structure shall provide and maintain
such plumbing facilities and plumbing fixtures In compliance with
these requirements, A person shall not occupy as owner-occupant or
permit another person to occupy any structure or premises which
does not comply with the requirements of this Section, (Ord, 706,
3-16-1998)
4-8-5-2: RE~U[RSD FACILITIES:
(A)
Dwelling Units: Every dwelling unit shall contain its own bathtub or
shower, lavatory, water closet and kitchen sink which shall be
maintained in a sanitary, safe worldng condition. The lavatory shall
be placed in the same room as the water closet or located in close
proximity to the door leading directly into the room In which' such
water closet is located. A kitchen sink shall not be used as a
substitute for the required lavatory.
Oizy of Burn~ville
299
4-8-5-2
4-8-5-3
(B)
(c)
(D)
Rooming Houses: At least one water closet, lavatory and bathtub or
shower shall be supplied for each four (4) rooming units.
Hotels: Where private water closets, lavatories, and baths are not
provided, one water closet, one lavatory and one bathtub or shower
having access from a public hallway shall be provided for each ten
(10) occupants.
Employees' Facilities: A minimum of one water closet, one lavatory
and one drinking facility shall be available to employees.
1. Drinking Facilities: Drinking facilities shall be a drinking fountain,
water cooler, bottled water cooler, or disposable cups next to a sink
or water dispenser. Drinking facilities shall not be located In toilet
rooms or bathrooms. (Ord. 706, 3-16-1998)
4-8-5-3: TOILET ROOMS:
(A)
Privacy: Toilet rooms and bathrooms shall provide privacy and shall
not constitute the 0nly passageway to a hall or other space, or to the
exterior. A door and Interior locking device shall be provided for all
common and shared bathrooms and toilet rooms In a multiple
dwelling.
(B)
Location: Toilet rooms and bathrooms serving hotel units, rooming
units or dormitory units, shall have access by traversing not more
than one flight of stairs and shall have access from a common hall or
passageway.
(c)
Location Of Employee Toilet Facilities: Toilet facilities shall have
access from within the employees' regular working area. The
required toilet facilities shall be located not more than one story
above or below the employees' regular working area and the path of
travel to such facilities shall not exceed a distance of five hundred
feet (500'). Employee faculties shall either be separate facilities or
public customer facilities.
Exception: Facilities that are required for employees in storage
structures or kiosks which are located in adjacent structures under
the same ownership, lease or control, shall not exceed a travel
distance of five hundred feet (500') from the employees' regular
working area to the facilities. (Ord. 706, 3-16-1998)
299
Oity of Burnsville
4-8-5-4
4-8-5 -5
4-8-5-4: PLUMBING SYSTEMS AND FIXTURI~:
(A)
General: All plumbing fixtures shall be properly Installed and
maintained in working order, and shall be kept free from
obstructions, leaks and defects and be capable of performing the
function for which such plumbing fixtures are daslgned. All plumbing
fixtures shall be maintained In a safe, sanitary and functional
condition.
(B)
Fixture Clearances: Plumbing fixtures shall have adequate
clearances for usage and cieanlng.
(c)
Plumbing System Hazards: Where it is found that a plumbing system
in a structure constitutes a hazard to the occupants or the structure
by reason of Inadequate service, Inadequate venting, cross-
connection, backslphonage, Improper. Installation, deterioration or
damage or for similar reasons, the code official shall require the
defects to be corrected to eliminate the hazard. (Ord. 706,
3-16-1998)
4-8-5-5: WATER SYSTEM:
(A)
General: Every sink, lavatory, bathtub or shower, drinking fountain,
water closet, or other plumbing fixture shall be properly connected to
either a public water system or to .an approved private water system.
All kitchen sinks, lavatories, laundry facllitlas, bathtubs and showers
shall be supplied with hot or temperate and cold running water in
accordance with the plumbing code.
(B)
Contamination: The water supply shall be maintained free from
contamination, and all water Inlets for plumbing fixtures shall be
located above the flood-level rim of the fixture. Shampoo basin
faucets, janitor sink faucets, and other hose bibs or faucets to which
hoses are attached and left in place, shall be protected by an
approved atmospheric-type vacuum breaker or an approved
permanently attached hose connection vacuum breaker.
(c)
Supply:-The water supply system shall be Installed and maintained
to provide a supply of water to plumbing fixtures, devices and
appurtenances in sufficient volume and at pressures adequate to
enable the fixtures to function properly, safely, and free from defects
and leaks.
ci~ of Burn~vill~
299
4-8-5-5
4-8-6-1
(D)
Water Heating Facilities: Water heating facilities shall be properly
Installed, maintained and capable of providing an adequate amount
of water to be drawn at every required sink, lavatory, bathtub,
shower and laundry facility at a temperature of not less than one
hundred twenty degrees Fahrenheit (120°F). A gas-burning water
heater shall not be located In any bathroom, toilet room, bedroom or
other occupied room normally kept closed. An approved combination
temperature and pressure relief valve and relief valve discharge pipe
shall be propedy Installed and maintained on water heaters. (Ord.
706, 3-16-1998) ..
4-8-5-6: SANITARY DRAINAGE SYSTEM:
(A)
General: All plumbing fixtures shall be properly connected to either a
public sewer system or to an approved private sewage disposal
system.
(B)
Maintenance: Every plumbing stack, vent, waste and sewer line shall
function properly and be kept free from obstructions, leaks and
defects. (Ord. 706, 3-16-1998)
4-8-5-7: STORM DRAINAGE:
(A)
General: Drainage of roofs and paved areas, yards and courts, and
other open areas on the premises shall not be discharged in a
manner that creates a public nuisance. (Ord. 706, 3-16-1998)
4-8-6:
MECHANICAL AND ELECTRICAL REQUIREMENTS:
4-8-6-1: GENERAL:
(A)
Scope: The provisions of this Section shall govern the minimum
mechanical and electrical facilities and equipment to be provided,
(B)
Responsibility: The owner of the structure shall provide and maintain
mechanical and electrical facilities and equipment In compliance with
these requirements. A person shall not occupy as owner-occupant or
permit another person to occupy any premises which does not
comply with the requirements of this Section. (Ord. 706, 3-16-1998)
299
C'i~y of Burnsville
4-8-6-2
4-8-6-2
4-8-6-2: rrR&TING FACILITIES:
(A)
Facilities Required: Heating facilities shall be provided in structures
as required by this Section.
(B)
Residential Occupancies: Dwellings shall be provided with heating
facilitlas capable of maintaining a room temperature of seventy two
degrees Fahrenheit (72°F) In all habitable rooms, bathrooms and
toilet rooms based on the winter outdoor daslgn temperature
required for the locality by the building code located at Section 4-1-1
of this Title.
(c)
Heat Supply: Every owner and operator of any building who rents,
leases, or lets one or more dwelling unit, rooming unit, dormitory or
guest room on terms, either expressed or implied, to furnish heat to
the occupants thereof shall supply heat during the period from
October 1 to May 1 to maintain a temperature of not less than sixty
five degrees Fahrenheit (65°F) in all habitable moms, bathrooms,
and toilet rooms.
Exception: When the outdoor temperature is below the winter
outdoor design temperature required for the locality by the building
code, maintenance of the minimum room temperature shall not be
required provided that the heating system Is operating at its full
design capacity.
(D)
Occuplable Work Spaces: Indoor occuplable work spacas'shall be
supplied with heat during the period from October I to May I to
maintain a temperature of not less than sixty five degrees Fahrenheit
(65°F) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation 'areas that require cooling or
special temperature conditions.
2. Areas in which persons are primarily engaged In vigorous physical
activities.
(E)
Room Temperature Measurement: The required room temperatures
shall be measured three feet (3') above the floor near the center of
the room and two feet (2') Inward from the center of each exterior
wall. (Ord. 706, 3-16-1998)
Ci~ o£ Burnsville
299
4-8-6-3
4-8-6-3
4-8-6-3: MECHANICAL EQUIPMENT:
(A)
Mechanical Equipment: All mechanical equipment, fireplaces and
solid fuel-burning appliances shall be properly Installed and
maintained In a safe working condition, and shall be capable of
performing the Intended function,
(B)
Cooking And Heating Equipment: All cooking and heating equipment,
components and accessories in every heating, cooking and water-
heating device shall be maintained free'from leaks and obstructions.
1. Cooking Equipment: Cooking appliances shall not be used to
provide space heating to meet the minimum requirements of
subsection 4-8-6-2(C) of this Chapter.
2. Fireplaces: Fireplaces shall not be used to provide space heating
to meet the minimum requirements of subsection 4-8-6-2(C) of this
Chapter.
3. Cooking Equipment Not Permitted In Garage; Cooking equipment,
Including a kitchen range or .stove, shall not be Installed and
maintained in a garage.
(c)
Removal Of Combustion Products: All fuel-burning equipment and
appliances shall be connected to an approved chimney or vent.
'Exception: Fuel-burning equipment and appliances which are labeled
for unrented operation.
(D)
Clearances: All required clearances to combustible materials shall be
maintained.
(E)
Safety Controls: All safety controls for fuel-burning equipment shall
be maintained in effective operation.
(F)
Combustion Air: A supply of air for complete combustion of the fuel
and for ventilation of the space containing the fuel-burning
equipment shall be provided for the fuel-burning equipment.
(G)
Energy Conservation Devices: Devices Intended to reduce fuel
consumption by attachment to a fuel-burning appliance, to the fuel
supply line thereto, or to the vent outlet or vent piping therefrom,
shall not be Installed unless labeled for such purpose and the
Installation is specifically approved. (Ord. 706, 3-16-1998)
299
City of Burnsville
4-8-6-4
4-8-6-4: ELECTRICAL FACILITIES:
(A)
Facllitlas Required: Every occupied building shall be provided with
an electrical system in compliance with the requirements of this
Section and Section 4-8-6-5 of this Chapter.
(B)
Service: The size and usage of appliance8 and equipment shall
serve as a basis for determining the need for additional facllitlas' in
accordance with NFPA 70. Every dwelling shall be served bY a main'
service that Is not less than 60 amperes,, three (3) wi.res,
120/240-volt AC nominal.
(c)
Electrical System Hazards: Where It is found that the electrical
system in a structure constitutas a hazard to the occupants or the
structure by reason of Inadequate service, Improper fusing,
insufficient outlets, Improper wiring or Installation, deterioration or
damage, or for similar reasons, the code official shall require the
defects to be .corrected to eliminate the hazard. Discontinue the use
of hazardous circuits until .repaired. (Ord. 706, 3-16-1998)
4-8-6-5: ELECTRICAL E~UIPMENT:
(A)
Installation: All electrical equipment, wiring and appliances shall be'
properly Installed and maintained in a safe and approved manner
wired according to the building code for' the year the building was
constructed or remodeled.
(B)
Receptacles: Every habitable space In a dwelling shall contain at
least two (2) separate and remote receptacle outlets. Every laundry
area shall contain at least one grounded-type receptacle or a
receptacle with a ground fault circuit Interrupter. Every bathroom
shall contain at least one receptacle. Any new bathroom receptacle
outlet shall have ground fault circuit Interrupter protection.
(c)
Lighting Fixtures: Every public hall, Interior stairway, toilet reom,
kitchen, bathroom, laundry room, boiler room and furnace room shall
contain at least one electric lighting fixture, wall switch controlled
light fixture or receptacle outlet. This requirement applies to
habitable reoms; the wall switch shall be located by room entrance
and exterior egress dooro. (Ord. 706, 3-16-1998)
City of Burnsville
299
4-8-6-6
4-8-7-1
4-8-6-6: ELEVATORS, ESCALATORS AND DUMBWAITERS:
(A)
General: Elevators, dumbwaiters and escalators shall be maintained
to sustain safely all Imposed loads, to operate properly, and to be
free from physical and fire hazards. The most current certificate of
Inspection shall be on display at all times within the elevator or
attached to the escalator or dumbwaiter; or the certificate shall be
available for public Inspection in the office of the building operator.
(B)
Elevators: In buildings equipped with passenger elevators, at least
one elevator shall be maintained in operation at all times when the
building Is occupied.
Exception: Buildings equipped with only one elevator shall be
permitted to have the elevator temporarily out of service for testing
or servicing. (Ord. 706, 3-16-1998)
4-8-6-7: DUCT SYSTEMS:
(A)
General: Duct systems shall be maintained free of all obstructions
and shall be capable of providing the required function. (Ord. 706,
3-16-1998)
4-8-7:
FIRE SAFETY REQUIREMENTS:
4-8-7-1: GENERAL:
(A)
Scope: The provisions of this Section shall govern the minimum
conditions and standards for fire safety relating to structures and
exterior premises, including fire safety facilities and equipment to be
provided.
{B)
Responsibility: The owner of the premises shall provide and maintain
such fire safety facilities and equipment in compliance' with these
requirements. A person shall not occupy as owner-occupant or
permit another person to occupy any premises that do not comply
with the requirements of this Section. (Ord. 706, 3-16-1998)
299
City of Burnsville
4-8-7-2
4-8-7-2
4-8-7-2: M~_,AN$ OF EGEES$.'
(A)
General: A safe, continuous and unobstructed path of travel shall be
provided from any point in a building or structure to the public way.
(B)
Exit Capacity: The capacity of the exits serving a floor shall be
sufficient for the occupant load thereof as deterrnined by the building
code.
(c)
Number Of Exits: In nonresidential buildings, every occupied story
more than six (6) stories above grade shall be provided with not less
than two (2) Independent exits. In residential buildings, every story
exceeding two (2) stodas above grade shall be provided with not
less than two (2) Independent exits. In stodas where more than one
exit is required, all occupants shall have access to at least two (2)
exits. Every occupied story which is both totally below grade and
greater than two thousand (2,000) square feet shall be provided with
not less' than two (2) Independent exits.
(D)
Arrangement: Exits from dwelling units, rooming units, guest rooms
and dormitory units shall not lead through other' such Units, or
through toilet rooms or bathrooms.
(E)
Exit Signs: All means of egress shall be Indicated with approved
'Exit' signs where required by. the building code, All 'Exit' signs shall
be maintained visible and all Illuminated 'Exit' signs shall be
illuminated at all times that building is occupied,
(F)
Corridor Enclosure: All ccrddors serving an occupant load greater
than thirty (30) and the openings therein shall provide an effective
barder to resist the movement of smoke. All transoms, louvers, doors
and other openings shall be closed or shall be self-closing,
Exceptions:
1. Corridors in occupancies, other than high-hazard occupancies,
which are equipped throughout with an automatic sprinkler system.
2: Patient room doors In corridors In health care occupancies where
smoke barriers are provided In accordance with the fire prevention
code, are not required to be self-closing,
3. Corridors In educational occupancies where each room that is
occupied for instruction or assembly purposes has at least one-half
ci~ o£ B~vEle
299
4-8-7-2
4-8-7-2
(G)
(H)
(J)
(1/2) of the required means of egress doors opening directly to the
exterior of the building at ground level.
4. Corridors that are in compliance with the building code.
Dead-End Travel Distance: All corridors that serve more than one
exit shall provide direct connection to such exits. The length of a
dead-end corridor shall not exceed twenty feet (20').
Exception: Dead ends that are In compliance with the building code.
Aisles: Arrangements of chairs or tables and chairs shall provide for
ready access by aisle accessways and aisles to each egress door.
The minimum clear width of each aisle In assembly, educational and
health care occupancies shall be maintained in accordance with the
requirements of the building code. In all other occupancies, aisles
shall have a minimum required clear width of forty four Inches (44')
where serving an occupant load greater than fifty (50), and thirty slx
Inches (36") where serving an occupant load of fifty (50) or less. The
clear width of aisles shall not be obstructed by chairs, tables or other
objects.
Stairways, Handrails And Guards: Every'exterior and Interior flight of
means of egress stairs serving any building or portion thereof and
having more than one riser shall have a handrail on at least one side
of the stair. Every open portion of a stair, landing, balcony, porch,
deck, ramp or other walking surface which-Is more than thirty Inches
(30") above the floor or grade below shall have guards. Handrails
shall not be less than thirty four inches (34") nor more than thirty
eighty Inches (38") high, measured vertically above the nosing of the
tread or above the finished floor of the landing or walking surface.
Guards shall not be less than forty two Inches (42') high above the
floor of the landing, balcony, porch,, deck, ramp or other walking
surface.
Exception: Guards are not required at any location where guards are
exempted by the building code.
Stairway Identification: A sign shall be provided at each floor landing
in all interior stairways more than three (3) stories above grade,
designating the floor level above the floor of discharge. All elevator
lobby call stations on all floor levels shall be identified by approved
signs in accordance with the requirements for new buildings In the
building code.
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City o£ Burnsville
4-8-7-2
4-8-7-3
(K)
(L)
Exception: The emergency sign shall not be required for elevators
that are part of an accessible means of egress complying with the
building code.
Locked Doors: All means of egress doors shall be readily openable
from the side from which egress is to be made without the need for
keys, special knowledge or effort, except as provided for in
subsection (K)I of this Section.
1. Locks Permitted: Locks or fasteners shall not be Installed on
egress doors except In accordance with the following conditions:'
a. In mental, penal or other Institutions where the security of
Inmates Is necessary, in which case properly trained supervisory
personnel shall be continuously on duty and approved provisions are
made to remove occupants safely in case of fire or other emergency.
b. In problem security areas, special-purpose door alarms or
locking devices shall be approved, prior to installation. Manually
operated edge or surface-molded flush bolts are prohibited.
c. Where the door hardware conforms to that permitted by the
building code.
Emergency Escape: Every sleeping room located below the fourth
story in residential and group home occupancies' shall have at least
one openable window or exterior-door approved for emergency
egress or rescue; or shall have access to not less than two-(2)
approved Independent exits.
Exception: Buildings equipped throughout with an automatic fire
suppression system. (Ord. 706, 3-16-1998)
4-8-7-3: ACCUMUI.~TIONS AND STORAGE:
(A)
Accumulations: Rubbish, garbage or other materials shall not be
stored or allowed to accumulate in stairways, passageways, doors,
windows, fire escapes or other means of egress.
(B)
Hazardous Material: Combustible, flammable, explosive or other
hazardous materials, such as paints, volatile oils and cleaning fluids,
or combustible rubbish, such as wastepaper, boxes and rags, shall
not be accumulated or stored unless such storage complies with the
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299
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4-8-7-5
applicable requirements of the building code and the fire prevention
code. (Ord. 706, 3-16-1998)
4-8-7-4: FIRE RESISTANCE RATINGS:
(A)
General: The fire resistance rating of floors, walls, ceilings, and other
elements and components required by the building code shall be
maintained.
(B)
Maintenance: All required fire doors and smoke barriers shall be
maintained in good working order, Including all hardware necessary
for the proper operation thereof. Fire doors shall not be held open by
door stops, wedges and other unapproved hold-open devices. (Ord.
706, 3-16-19.98)
4-8-7-5: FIRE PROTECTION SYSTEMS:
(A)
General: All systems, deviceS, and equipment to detect a fire,
actuate an alarm, or suppress or control a fire or any combination
thereof shall be maintained in an operable condition at all times in
accordance with the fire prevention code.
(B)
Fire Suppression System: Fire suppression systems shall be
· maintained in proper operating condition at all times.
(c)
Standpipe Systems: Standpipe systems shall be maintained In
proper operating condition at all times. Hose connections shall be
unobstructed.
(D)
Fire Extinguishers: All portable fire extinguishers shall be visible,
provided with ready access thereto, and maintained in an efficient
and safe operating condition. Extinguishers shall be of an approved
type.
(E)
Smoke Detectors: A Imlnimum of one approved single-station o~
multiple-station smoke detector shall be Installed In each guest
room, suite 'or sleeping area in residential and group home
occupancies, and In dwelling units in the Immediate vicinity of the
bedrooms in occupancies in one- and two-family dwellings and multi-
family dwellings. In all residential occupancies, smoke detectors
shall be required on every story of the dwelling unit, Including
basements. In dwelling units with split levels and without an
intervening door between the adjacent levels, a smoke detector
299
City of Burnsville
4-8-7-5
4-8-7-5
(F)
Installed on the upper level shall suffice for the adjacent lower level,
provided that the lower level Is less than one full story below the
upper level.
1. Installation: All detectors shall be Installed In accordance with the
building code and the manufacturer's Instructions. When actuated,
the smoke detectors shall provide an alarm suitable to wam the
occupants within the indlvl..dual room or dwelling unit.
..
2. Power Source: The power source for smoke detectors shall be
either an AC primary power source or a monitorized battery primary
power source.
3. Tampering: Anyone tampering or Interfering with the effectiveness
of a smoke detector shall be In violation of this Chapter.
Fire Alarm Systems: Fire alarm, systems shall be In proper operating
condition at all times. (Ord. 706, 3-16-1998)
· . .
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Gity of Burnsoil~
299
ORDINANCE NO. 1711
AN ORDINANCE OF ~ CITY OF WOODBURY, WASHINGTON COUNTY,
1VHNNESOTA, AMENDING THE CITY CODE BY AMENDING CltAPTER 6,
BUILDINGS AND BUILDING RESTRICTIONS, BY ADDING THE FOLLOWING TO
SECTION 6-204.(c) (2), LICENSE FEES
TttE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COUNTY,
MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS:
The City Code of the City of Woodbury is hereby amended by adding Chapter 6, Buildings and
Building Restrictions, by adding Section 6-204.(c) (2), License Fees, to read as follows:
.Sec. 6-204. (e) (2) License Fees
(2) License Fees. License fees, as set forth by city council resolution, shall
be due prior to the license e~imti0n date; in the cases of new unlicensed
dwellings, license fees shall be due upon issuance of the certificate of
occupancy; in the case of licensing periods of less than one (1) year,
license fees shall be prorated effective January 1, 1996.-The license fee
will be reduced for Safer Tenants And Rentals oro_gram participants
a~:eording to the following certification levels: Level "C" certification:
25% reduction: .Level "B" certification: 50% reduction: Level "A"
certification:75% reduction.
Effective Date. This Ordinance shall become effective upon its passage and
publication according to law.
Passed and adopted by the City Council of the City of Woodbury, Washington. County,
Minnesota, this 28~ day of March, 2001.
Bar~ 15. $oh~ Cil~ Administrator
Approved: March 28, 2001
Published: April 4', 2001
ORDINANCE NO. 1712
AN ORDINANCE OF ~ CITY OF WOODBURY, WASBINGTON COUNTY,
MINNESOTA, AMENDING ~ CITY CODE BY AMENDING C]~d)TER 6,
BUILDINGS AND BUII~ING RESTRICTIONS, BY ADDING SECTION 6-205,
CONDUCT ON LICENSED PREMISES
THE CiTY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COUNTY;
MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS:
Chapter 6, Buildings and Building Restrictions, of the City Code of the City of Woodbury is
hereby amended by adding thereto Section 6-205, Conduct on Licensed Premi.~s, which 'shall
read as follows:
See. 6=205 Conduct on Licensed Premises
A. It shall be the responsibility of the licensee to take appropriate action following
conduct by persoiis occupying the premises which is determined to be disorderly, in violation of
any of the following statutes or ordinances:
(])
ad,ti, (2)
(3)
Minnesota Statutes Section 609.75 through 609.76, which prohibit
gambling;
Minnesota Statutes Section 609.321 through. 609.324 which prohibit
prostitution and acts rdating thm'~to;
Minnesota StatiCs Section 152.01 through 152.025, and Statute 152.027,
Subdivisions 1 and 2, which prohibit the unlawfifl sale or possession of
controlled substances;
(4)' ' Minnesota Statutes Section 340A.401, which prohibits the --I-wful sale
of alcoholic beverages;
(5)
Minnesota Stm'ut~ Section 609.33, which prohibits owning, leasing,
operating, managing, maintaining or conducting a disorderly house or
inviting or attempting to invite 'others to visit or remain in a disorderly
house;
(6) Section 13-1 ofthis Code, which prohibits noisy assemblies;
(v)
Minnesota Statutes S~tion 9715.021, 9713.609.66 through 609.67 and
624.712 through 624.716, and section 13-5 of this code, which prohibits
the unlaw~ possession, transportation, sale or use of a weapon;
(8) Minnesota Statutes Section 609.72, which prohibits disorderly conduct;
(9)
Minnesota Statutes Section 609.221 through 609.224, which prohibits
assaults, including domestic assault as defined in Minnesota Statutes
Section 51 BB.01.
(10)
Violation of laws relating to contributing to need for protection or services
or delinquency of a minor as defined in Minnesota Statutes Section
260.315;
(11) Section 13-1 et. al' of this Ordinance which relates to animal noises and
public nuisances.
B. The Director.of Public Safety shall be responsible for enforcement and
administration of this section.
C. Upon determination by the Director of Public Safety that a licensed
premises was used in a disorderly manner, as described in Section ~&), the Director of Public
Safety shall notify the licensee by mail of the violation and direct the licensee to take steps to
prevent further violations.
D. If another instance of disorderly use of the licensed premises occurs within
twelve (12) months of an incidem for which a notice in Subsection C was given, the Director of
Public Safety shall notify the licensee by mail of the violation and shall also require the licensee
to submit a written report of the actions taken, and proposed to be taken, by the licensee to
prevent further disorderly use of the premises. This written report shall be submitted to the
Director of Public Safety within five (5) days of receipt of the notice of disorderly use of the
premises within the preceding twelve .(12) months. If the licensee fails to comply with the
requirements of this subsection, the rental dwelling license for the premises may be denied,
revoked, suspended or not renewed. An action to deny, revoke, suspend or not renew a license
under this section shall be initiated by the City Council at the request of the Director of Public
Safety in the manner described in Section E through G.
E. If another instance of disorderly use of the licensed premises occurs within
twelve (12) months after any two (2) previous instances'of disorderly use for which notices were
sent to the licensee pursuant to this section, the rental dwelling license for the premises may be
denied, revoked, suspended or not renewed. Any action to deny, revoke, suspend or not renew a
license under this section shall be initiated by the City Council at the request of the Director of
Public Safety in the manner described in Sections D through G.
F. No adverse license action shall be imposed where the instance of
disorderly use of licensed premises occurred during the pendency of eviction proceedings
(unlawfial detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate
the premises, where the disorderly use was related to conduct by the tenant or by other occupants
or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action,
however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke,
~2
suspend or not renew a licensed' based upon violations of this section may be postponed or
discontinued at any time if it appears that the licensee has taken appropriate measures which will
prevent further instances of disorderly use.
G. A determination that the licamsed premises has been used in a disorderly
manner as described in Section A shall be made upon ~u~tial evidence to support-such a
d~om It shall not be necessary that criminal charges be brought to support a
detemai~fion of disorderly use, nor shall the f~t of dismissal or ae4uittal of criminal charges
operate as a bar to adverse license action under this. section:
H. Actions to "deny, revoke, suspend, or not renew a license" under this
ordinance pertain to the individual units where the violations occur or the resident(s) reside, not
the entire rental building or complex.
Effective Date. This Ordinance shall become effective upon its passage and publi~on
according to law.
Passed and adopt~ by the City Council of the City of Woodbury, W~n County,
1VfJnne~a::}ta., this 28* day of Ma~h 2001.
ATTF~T:
Approved:
Publ ished:
March 2.8, 2001
April .4, 2001
ORDINANCE NO. 1713
AN ORDIN~CE OF THE CITY OF WOODBURY, WASHINGTON COUNTY,
MINNESOTA, AMENDING THE CITY CODE BY AMENDING CHAPTER 6,
BUILDINGS AND BUILDING RESTRICTIONS, BY ADDING THE
FOLLOWING TO SECTION 6-204.(k) PROPERTY MANAGER BACKGROUND
CI-IECKS
THE CITY COUNCIL OF THE CITY OF WOODBUKY, WASHINGTON COUNTY,
MINNESOTA, DOES HEKEBY ORDAIN AS FOLLOWS'
The City Code of the City of Woodbury is hereby amended by adding Chapter 6,
Buildings and Building Restrictions. by adding Section 6-204.(k) Property, Manager
Background Cheek to read as follows:
Property Manager Background Check
When Required. Before hiring a manager, the licensee of a new multiple
dwelling to whom a license has been issued pursuant to this section shall
be required to screen the applicant. A licensee may employ a manager
after requesting a background cheek under this section before receipt of
the background cheek report, provided that the licensee complies with
subsection (6). By January 1, 2002, a licensee shall request the Director of
Public Safety for the City to conduct a background cheek under this
section for managers hired before January 1,2001, who are currently
employed.
(2)
Procedures. The Director of Public Safety for the City must approve the
screening company utilized by the licensee. The screening process shall
be undertaken by the screening company pursuant to directives issued by
the City, and shall be in person. Screening of all prospective managers
must include "in person" criminal history checks at the state level in all
states where each prospective manager has resided in the past ten years. It
must also include "in person" criminal history cheeks in all seven Twin
City metro counties and all counties where each prospective manager has
resided in the past ten years. The criteria for denial of all prospective
managers must be documented and provided to all persons completing an
application for a manager position. Documentation of manager screening
must be available to the Code Official upon demand.
At
Every prospective manager shall be required to complete a
manager application.
Be
Every applicant shall submit a proper photo identification, which
must be either a current driver's license or state issued
(3)
(4)
identifi .cation card. If the identification card is from a ~te other
than the State of Minnesota, the licensee must require verification
of the applicant's social security number.
Ce
Applicants will be denied employment if the applicant
mim'epresents info--on on the applieafiom_If_flm
misrepresentations are found ~er the person is hired as manager,
the licensee must terminate the manager.
D,
The criteria established for denial of applicants must apply equally
to all persons regarclle~s of race, color, creed, religion, national
origin, sex, sexual orientation, disability, age, marital status, or
status with regard to public assistance.
Form. The licensee shall develop a stand~dized form to be used for
requesting a background cheek, which must include:
1,
a notification to the manager that the licensee will request a
screening company to perform a background check under'this
section;
,
a notification to the manager of the manager's fights under (4); and
3. a signed consent by the manager to conduct the background check.
The form must be accompanied' by the fingerprints of the manager on
whom the background check is to be'performed.
Manager's Rights. (a) The licensee shall notify the manager of the
manager's rights under paragraph (b)
A manager who is the subject of a bac~und cheek request has the
following fights:
.
the fight to be informed that the licensee will request a bac~und
check on the manager to determine whether the manager has been
convicted of a crime specified in (5) below;,
e
the right to be informed by the licensee of the screening company's
response to the background check and to obtain from the licensee a
copy of the bac~und check report;
.
the right to obtain from the screening company any record that
forms the basis for the report;
.
the fight to challenge the accuracy and completeness of
information contained in the report or record under Minnesota
Statute {}13.04, subdivision 4; and
application to be
the right to be informed by the licensee if the manager's
employed by the licensee or to continue as an employee has been
denied because of the result of the background check.
(5) Definitions.
Terms. The definitions listed below under Background Check
Crime applies to this section.
'9
Background Check Crime. "Background check crime" means:
(a)(1) a felony violation of Minnesota Statute section 609.185 (first
degree murder), 609.19 (second degree murder); 609.20 (first
degree manslaughter); 609.221 (first degree assault); 609.222
(second degree assault); 609.223 (third degree assault; 609.25
(kidnapping); 609.342 (first degree criminal sexual conduct);
609.343 (second degree criminal sexual conduct); 609.344 (third
degree criminal sexual conduct); 609.345 fourth degree.'criminal
sexual conduct); 609.561 (first degree arson); or 609.749
(harassment and stalking);
(a)(2) an attempt to commit a crime in clause (1); or
(a)(3) a conviction for a crime in another jurisdiction that would be
a violation under clause (1) or an attempt under clause (1) in this
state; or
Co)(1) a felony violation of Minnesota Statute section 609.195
(third degree murder); 609.205 (second degree manslaughter);
609.21 (criminal vehicular homicide and injury); 609.2231 (fourth
degree assault); 609.224 (fif~ degree assault); 609.24 (simple
robbery); 609.245 (aggravated robbery); 609.255 (false
imprisonment); 609.52 (theft); 609.582, subdivision 1 or 2
(burglary); 609.713 (terroristic threats); or a nonfelony violation of
section 609.749 Crtarassment and stalking);
('0)(2) an attempt to commit a crime in clause (1); or
Co)(3) a conviction for a crime in another jurisdiction that would be
a violation under clause (b)(1) in this state.
(6)
,
4~
Manager. "Manager" means an individual who is hired' or is
applying to be hired by a licensee and who has or would have the
means, within the scope of the individual's duties, to enter tenants'
dwelling units. "Managea°' does not include a person who is hired
on a casual basis and not in the Ongoing course of the business of
th~ licensee.
"In=person Criminal Bac~grourut Check" TI~ m~ns the review of
criminal history information must be conducted by a person at the
site where current criminal records are stored,, or by ufili:dn~ a
method that provides the most current, ~ to aute information.
Licensee Duties if manager convicted of a crime.
If the screening company's response indicates that the manager has
been convicted of a background check crime defined in (5)(a)(1)-
(3) of this section, the licensee shall not hire the manager or, if the
mmmger was hired pending completion of the background check,
shall terminate the manager's employment. Exc.pt as provided in
paragraph (c) below, if a licensee otherwise knows that a manager
has been convicted of a background check crime defined in
(5)(a)(1)-(3) of this ,s ,ecti'.'on, the licensee shall termJxlate the
manager's employment. -
(b)
If the screening company's response indicates that the manager has
been convicted of a background check crime d~fined ii15('o)(1)-(3)
of this section, the licensee may not him the mmmger un/ess more
than ten years have elapsed duce the date of discharge of the
sentence. If the manager was hired pending completion of the
background check, the licensee shall terminme the manager's
employment unless more than ten years have elapsed since the date
of discharge of the sentence. Except as provided in paragraph (c)
below, if a licensee otherwise knows that a manager has been
convicted of a background check crime defined in (5)Co)(1)-(3) of
this section, the licensee shall terminate tl~ mmmger's
employment unless more than ten years have elapsed since the date
of discharge of the sentence.
(c)
If a licensee knows that a manager hired before Jammry 1, 2001,
was convicted of a bac~und check.crime for an offense
committed before January 1, 2001, the licensee may continue to
employ the manager. However, the licensee shall notify all tenants
and prospective tenants whose dwelling units would be accessible
to the manager of the crime for which the manager has been
convicted and of the fight of a current tenant to terrnln~o, th~
tenancy under thi.q paragraph, if the manager was convicted of a
backgl'ound check crime defined in:
1. (5)(a)(1)-(3) of this section; or
1
(5)'Co)(1)-(3) of this section, unless more than ten years
have elapsed since the sentence was discharged.
(d)
Notwithstanding a lease provision to the contrary, a current tenant
who receives a notice under this paragraph may terminate the
tenancy within 60 days of receipt of the notice by giving the
licensee 14 days' advance notice of the termination date.
o.
The licensee shall notify the manager of any action taken under
this subdivision.
(¢)
If a licensee is required to terminate a manager's employment
under paragraph (6) (a) or Co), or terminates a manager's
employment in lieu of notifying tenants under paragraph (6) (c),
the licensee is not liable under any law, contract, or agreement,
including liability for unemployment compensation, claims, for
terminating the manager's employment in accordance' with this
section. Notwithstanding a lease or agreement governing
termination of tenancy, if the manager whose employment is
terminated is also a tenant, the licensee may terminate the tenancy
immediately upon giving notice to the manager. An eviction
action to enforce the termination of the tenancy must be treated as
a priority writ under Minnesota Statute Sections 504B.321;
504B.335; 504B.345, subdivision 1,504B.361, subdivision 2; and
504B.365, subdivision 2.
(7)
Penalty.'A licensee who knowingly fails to comply with the requirements
of subsection k of this section is guilty of a petty misdemeanor. A
violation of subsection k may also lead to the suspension or revocation of
the licensee's license under subsection d.
Effective Date. This Ordinance shall become effective upon its passage and publication
according to law.
Passed and adopted by the City Council of the City of Woodbury, Washington County, Minnesota,
this 28~ day of Mamh, 2001. ~~
Will
ATTEST:
BI~'r~P. Jo~Si~ Cit~clrninistrator
Apppro~ed: March 28, 2001
ublished: April 2001
ORDINANC~ NO. 1714
AN ORDINANCE OF THE CITY OF WOODBURY, WASItlNGTON COUNTY,
MINNF_~OTA, AME~ING THE CITY CODE BY AMENDING CHAPTER 6,
BUILDINGS AND BUILDING RESTRICWIONS, BY .ADDING ~
FOLLOWING TO SECTION 6-204.(L) SAFER TENANTS AND RENTALS
PLAQUES AND BROCHURES
THE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COUNTY,
MINNESOTA, DOES I-IF.~Y ORDAIN AS FOLLOWS:
The City Code of the City of Woodbury is hereby mended by adding Chapter 6,
Buildings and Building Restrictions, Section 6-204.(L) Safer T~..ants .and Rentals
(STAR) Plaques and Brochures to read as follows:
Safer Tenants And Rentals Plaques and Brochures.
Safer Tenants And Rentals Brochures. The Public Safety Department .will.
develop a brochure that explains the STAR program, including the
certification levels. Brochures will be gi~,en to rental homing
developments free of charge. It shall be the responsibility of every rental
housing development in the city to provide a copy of the brochure to every
applicant for a rental unit in the development. The brochure shall be ~ven
to applicants at the time application forms are provided to the applicant(s),
prior to the applicant(s) signing a rental agreement
~ Plaques. The Public Safety Department will develop plaques for rental
housing developments. The plaq~ will indicale which level the development
is certified under the STAR pmgrarm The plaques will be 'given to the rental
housing development free of charge. Developments are not required to post
the plaq~.
(3) F~emptions. Senior housing rental developments are exempt from this section
of the ordinance.
(4) Penalties. Failure to-comply with this ordinance will result in an
"administrative" fine of one hundred dollars ($100) for each violation if the
defendant chooses to go through the administr~ve hearing and is found
guilty. If the fine is not paid, in will be included in the annual license fees.
Effective Date. This Ordinance shall become effective upon its passage and publication
according to law.
Passed and adopted by the City. Council of the City of Woodbury, Washington County, Minnesota,
this 28"' day of March, 2001.
VTllliam $. t~, MayorU
ATTEST:
Approved: March 28, 2001
Published' April 4, 2001
CITY OF WOODBURY
SAFER TENANT AND RENTALS (STAR) program
The City of Woodbury is eommltted to proactively addressing crime.
Preventing problems is always more effective than trying to deal with them
after they occur. Police records in Woodbury show that rental-housing
properties have had high~ crime rates than owner occupied hous/ng. R. emal
properties place larger numb~ of people into more dense sreas, thereby
increasing crime opportunities~ It is found, therefore, that adequate
protection of public health, safety and general welfare will improve in those
rental developments that are certified under the Safer Tenam And Rentals
program.
The purpose of this program is to protect, preserve and promote the
public health, safety and general welfare of the people of the City of
Woodbury, and to prevent crime in the City and to provide for the
administration and enforcement of Safer Tenant And Rentals program. _
STAR CERTIFICATION LEVELS
In order to be cerfifie~ under any level of the STAR program, the criteria
listed under that level must be met.
Level "C" rated criteria
*:* Statewide (Minnesota) Criminal History Cheek of all applicants covering
at least the last seven years. The cheeks must be done "in person" or by
utilizing the most recent update of the state criminal history files.
-.*' A Statewide ~ History'cheek from the applicant's previous state of
residence if the applicant is moving directly from the previous state.
*.** Any company that the owner contracts with to conduct Criminal History
cheeks must meet the stmdards established by the Public Safety
Department.
**** Must have written "denial criteria" that must be provided to each applicant
at the time of application.
*.** All managers must attend eight hours of annual STAll. training.
***o Management must assist the Police Department in conducting resident
crime prevention meetings when requested.
4, Every prospective tenmt eighteen (18) years of age or older shall be reqtfimd
to complete a tenant applicafiom
Every applicant shall submit proper photo identification, which must be
either a current driver's license or state issued identification card. If thc
identification card is fi'om a state other than the State of Minnesota, the
lessee must require verification of the applicant's social security number.
Applicants should be denied rental if the applicant misrepresents information
on the application. If misrepresentations are found after a rental agreement
is executed, the licensee should terminate the rental agreement.
The criteria established for denial of applicants must apply equally to all
persons regardless of race, color, creed, religion, national origin, sex,
sexual orientation, disability, age, marital status, or status with regard to
public assistance.
Level "B" rated criteria
All criteria listed under Level C must be complied with.
Statewide Criminal History checks of any applicant in their previous states
of residence covering the last seven years if they have not resided in
Minnesota for three years or longer.
Criminal History checks of all applicants must be conducted in all seven
counties in the metro Twin City area covering at least the last seven years
including all misdemeanor, gross misdemeanor, and felony convictions.
Level "A" rated crite~a
All the criteria listed under Levels C & B must be complied with.
Criminal History checks in all counties the applicant has resided in for the
past seven years or sifice mining eighteen years of age.
Physical security measures including: secure access to "common" areas,
i.e., building entry, internal parking, pool/group activity areas.
Video surveillance approved by the Police Department for internal
"common" parking areas.
* Applicants include all prospective tenants eighteen years of age or older.
* Rental owners must provide documentation of compliance with all the
criteria in order to be certified. This does not include the actual results of
the criminal history checks as this is not permissible under the Fair Credit
Reporting Act.
*Criminal History checks on immigrants only need to be conducted in areas
in the United States where the immigrant resided prior to applying for rental
housing in Woodbury, not foreign countries.
Tenant Screening Companies
Listed below are the criteria necessary f~r any company the owner contracts
with to perform tenant applicam Cdminal I-rlStO~ checks
· Company mu.st be bonded and insured.
· Criminal History checks can be subcontracted, but the
company must have a process, with documentation, that
conducts periodic~ random veri~ns of criminal history
checks conducted by subcontractors.
· Criminal History checks mu.st go back a minimum of seven (7)
years.
· Company must comply with legal requirements of the Fair
Credit Reporting Act.
· ~,e Background Check corr~pany mu.st pro'aide veri./~.at/on to
the City of Woodbury that it complies with these'criteria
Discrimination and Privacy..
This program shall be enforced in a non-discriminawry manner and
exclusively for the p~ of promoting public as opposed to private
welfare. Except as may be specifically provided herdn or incidental to the
enforcement hereof; this prognan is not intended to interfere with the
personal privacy or with pri,,,s~ legal fights and liabilities, including, withou~
~imitafion, landlord/tenant and landlord/lessee relationships. In enacting and
enfo~g this program, the City of Woodbury neither expressly nor by
implication assumes any obligations or liabilities respeet/ng such private
fights or disputes, inelufling those which involve or arise out of the non-
conformity of any premises in the City to the provisions of this Ordinance.
Criteria for Application Denial
The owner of rental developments must establish criteria for denial of
rental applicants and provide the denial criteria to applicants prior to
submittal of the application. The City ofWoodbury of Woodbury does not
establish "denial criteria", but does provide a list of recommended denial
criteria. Below is a list of recommended den/al criteria:
Conviction of any violent related felony within the last seven years.
Two or more violent related Gross Misdemeanor convictions within
the last seven years.
Three or more violent related or disorderly conduct Misdemeanor
convictions within the last seven years.
Any conviction for selling a controlled substance within the last
seven years.
Two or more convictions for possession of a controlled substance
within the last seven years.
Any eviction from a prior rental unit within the last three years for
criminal behavior, disorderly conduct, public nuisance or related
activity.
Any conviction for a sex related offense within the last seven years.
This inchtdes "indecent ~posure ", "window peeping", "sexual
assault", "chiM molestation ", and "child pornography".
False "personal" information on the application, i.e. name, date of
birth, social security number, prior addresses:
Race, gender, religion, sexztal preference,, nationality qhall not be a
factor for denial.
Enforcement and Inspection Authority.
The Director of Public Safety and his/her designated agents shall be the
Compliance Official who shall administer and enforce the provisions of this
program and who is hereby authorized to inspect records to ensure
compliance with program provisions.
C1TYOF
CHANHA EN
PO llec147
, Minnesota 55317
95293Z1900
95293Z5739
952.93Z9152
952934.2524
,~ ,u, m cL chanhauen, mn. us
Todd C~rhardt, City Manag~
FROM: Kate Aanenson, AICP, Community Development Dixzztor Ct~~
DATE:
September 6., 2001
SUBJ:
Amendments to chapter 20, Si~ Plan Review, PUD and Hwy. 5
Corridor, Regarding Materials and Deign
BACKGROUND
Over the past few years, there has been some discu~ion at the Council and
Commission meetings regarding design standards. These discussions have
included materials and what makes a community and the possibility of creating
standards for "old town." There was discussion at one time about an architectmal
review committee. With the 60 day review requirement, and an additional level of
review would increase the processing time. The staff believes the best scenario
for additional standards would be to create tmiform design standards. Included in
your packet is the bac~und 9n these discussions. -The Plannin.' g Commission
has spent the past several months re.viewing the standards.
ANALYSIS
Currently the city has design review authority in the Code in Chapter 20, Division
6, Site Plan Architectural standards, Sec. 20-116, Hwy. 5 Con/dor District
Awhitecmml design standards, and through numerous PUDs, i.e. Villages .on the
Ponds, Arboretum Business Park, etc. In Comparing communities who have
design standards many have applied them to a specific district. They may have a
"Historic DowntoWn" (W.a~ Stillwater, Excelsior, Chaska), a unique
development area, a hospital zone, new urbanism project, waterflxmt
development, etc. 'Development in Chanhassen is typically, more suburban
because most of the development has occurred in the 1980s and 1990s.
Chanhassen's setting is unique in that the city does have a main street with a
portion of the original development including the Dinner Theatre and
development going east on West 78m Street.
Much of the development to Market Blvd. is typical of franchise development.
The city has been able through the use of PUDs (Target, Villages on the Ponds,
Applebee's and/or Tax increment financing) to enhance the design standards. A
sense of place or distinct image is one important component of creating a great
Todd Gerha~t
September 6, 2001
Page 2
city, "APA Conference," Seattle, WA, April 29, 1999, Sara Jane Maclennam and James Cromar.
The city should ensure that the standards that are adopted reflect the character of Chanhassen and
not standards of somewhere else. I believe that this is the problem with using a standard of brick
or better. Many of the suburbs that have franchise businesses tend to 10ok alike. To date the city
has been successful at avoiding this look. Even Office Max which is all brick was a point of
much discussion because of street presence, lack of front entry on main-street and lack of .. -
windows.
The Hwy. 5 Corridor District hmS the length of the city. It addresses the design adjacent to the
highway. It is somewhat general in nature because it includes so many underlying zoning
districts.
The intent of the design guidelines is to take the general standards and make them more specific
and apply them to all zoning districts except residential.
The new standards would require the repeal of the Hwy. 5 Corridor district excgpt for height and'
building orientation. Staff is recommending maintaining the standards of the corridor district
such as the parking location, building orientation, and setbacks from the highway frontage roads.
PI,ANNING COMMISSION UPDATE
On August 21, 2001, the Planning Commission recommended approval of the design standards.
RECOMMENDATION
The City Council approves repealing Article XXIX Highway Corridor Districts and replace it
with the adoption of Article XX~ General'Supplemental' Regulations, Division 7, Design
Standards as attached with the condition that the repealing and adoption occur concurrently and
approval of the attached summary ordinance for publication.
ATtArS
2.
3.
4.
5.
6.
E-mail from Charles James dated July 12, 2001
Letter from Vemelle Clayton dated August 6, 2001
Deb Kinds Design Standards comments
Minutes from the Planning Commission - not available.
Summary ordinance for publication.
Design Standards.
Aanenson, Kate
From: Charles Wm. James [chasl~tjarneeco.com]
~,ent: Thursday, July 12, 2001 4:41 PM
To: kaanenson~ci.chanhassen.rnn.us
Subject: [SPAM] Too ~ttle,too late ????
Kate:
Page 1 of'l
Thanks for inviting my Input Into the "design standards" discussion.
Annie's father had a series of health events in the last 6 weeks which led to his death, so I haven't been entirely
focused on work lately. I'm sorry that I was unable to meet your schedule.
Now that I have finally had an opportunity to review the materiels you provided on June 4, I am prepared to
venture forth wtth an opinion. I applaud your efforts to Wrestle these Issues, and particularly'given the fact that you
dearly recognize the Intangibility of "good design". I don't think a materials oriented approach is entirely valid;
Frank Lloyd Wright could do more with site poured concrete than most suburban residential builders can do wtth
all the materials available at Menards & Home Depot.
Anyway, here Is my suggestion for a possible approach to this conundrum: I was working on a project in Colorado
(Ft. Colllns ??, I don't recall) and the City had a novel system: No daveloper was expected to hit 100% of the
code, rather points were assigned to each category - landscaping,materials,parking and Impewious ratios, etc -
and if the project received a passing sum of points, it was deemed acceptsble even if it used site poured concrete
walls rather than brick. Thus creativity was not squelched and yet there was a certain modicum of design
standards. There must be a way to do something like this without tumlng every_ project Into a PUD !
On all of our projects in Chan, I tried to use straight forward zoning code, no PUD, and we still took some pot
shots from the Commission and Council - so sometimes even hard rules do not create a shorter,fairer, less
complex or less arbitrary outcome.
Now for the rant: In considering these types of Issues, I would rather error on the side of liberty. That in tums
involves personal responsibility and tolerance. I think people in govemment often forget that tolerance is a "two
way street" because we live as Individuals in community. I think the community benefits when its Individual
members have mere Ilbertfas rather than fewer. (Wow_after typing that sentence I expadenced a blt of cognitive
dissonance ..... I'm not sure history, upon a casual perusal, would support this argument but I Just need to believe
that it Is true !) Democracy is messy ! Good luck, Kate I
P.S. HI to Bob G., Todd and the crew.
7/13/01
vlotkq
LOTUS
REALTY SERVICES
August 6, 2001
TO:
FROM:
Kate Aanenson
Vemelle Clayton
Proposed Design Standards
Tha you for the opportunity to review and respond to the revised proposed standards.
I will not be able to be at the Planning Commission meeting on August 7, when they will be
discussed; however, my basic concerns remain the same as I stated at the prior
meeting--although I note some changes.
As you know, whereas I have concerns regarding many of the specdic standards proposed, my
basic concern is with the decision to consider design standards. The only rationale which I have
heard for this proposal is one which seems rather curious. That rationale is this: because stuff,
Planning Commission and past Councils have been criticized for conditioning the City's approval
of some site plans on requiremems which went beyond our Code, it was decided that then, we
should add certain requirements to the Code.
Two wrongs don~t make a right, though. This criticism has been a part of the well-known
Chanhassle image. Adding more standards, will give a strong signal that Chanhassen intends not
only to continue the "hassle", but to give it legitimacy by ordinance. Someone suggested that it
would save developers time and fru~ation if they knew up front what the standards are. I
would guess, not effectively. In fact in some eases, developers and/or others thinking of
locating here may just decide not to bother with Chanhassen and go where things are a little
easier--as they sometimes claim they are doing now.
If the decision to consider design standards was made based on a more ethereal rational, then let
me make a couple of observations:
Developer friends of mine recently made the observation that design standards
tend to lead to design mediocrity.
2~
From my own observation in working with diff~m types of professionals--in
this case: architects and engineers, of varying degrees of creativity. Of those
architects with seemingly no creativity, I don't believe these standards will do
551 WEST 78TH STREET · P,O. BOX 235 · CHANHASSEN, MINNESOTA 55317 · (952) 934-4538 · FAX (952) 934-5472
vlo~q
anything to ~ an aesthetically p~ ~. There is much more to
good design than a set of standards to be followed. Moreover and more
knportanfly, I believe ~ is ev~ h3ce~d that a set Of standards linits the
creativity of the very good arc~.
to have a degree of design control in order to be coml?loted as planned. They also work well
when a community wants to retain an old-town downtown look, for exim~le. Chanhassen
doesnt have an overall "look" or "charac~" that has been defined as its goal for all fulure '
development. In fact, one of Chanhassen's charms is that it has a vai'iety of shapes, ~
materia~ etc.
So for the above reasons, not to mention the philosophy held by lots of folios th~ this ~ of
government iniervention in the rights of property owners is not a good thing, I hope the
proposal will be tabled indefinitely. Property owners often object to staff and City intervention
object more when there is nothing giv~m' in return. 'Chanhassen got into a habit of asking for
certain tweaks on buildings when the projects were ~ TIF:~~ or a part of a PUD.
For the owner who has received none of the benefits, it is much less palatable.
Should the Planning Commi.,~sion decide to approve some set of standards, then I will hope to
attend the meeting of the Council when they are discussed and/or when the policy of having
Deb Kinds Design Standards Comments
· Charlie James comment on the 75 percent rule. Staffs opinion is that this is a
slippery slope what if in the city's opinion the area that the applicant was
flexibility on is one of the critical or sensitive design elements. I hope that as a
city we are always responsive to specific requests by developments. I believe that
at they are best handled on a case-by-case basis.
Pg 5 the Heartland building-should pick a better picture With better
articulation staff agrees
· Should include a title for picture of ground level description staff agrees
· Page 6 glass should be listed as an acceptable material staff agrees
· Page 7 page break 20-1066 have a separate page for the pictures, 20-1068
start on new page all pictures should stay with text staff agrees
· Page 6 Site furnishing required "benches, tables and chairs should be
required on all new plans staff agrees, street furniture should be requires
whether is a picnic table bike rack etc.
· Page 10 Screened view for nonpublic (ROW) not just ROW should include
pedestrian views staff aggress if there is a trail around the building that the
building should be screened
· Page 11 #3 strengthen viable axes - axis means mainline of direction this term
could be further defined
· Page 12 gl0 landscaping and tree removal should be consistent with section
#XXV in the city code staff aggress this will be referenced
· Page 12 #la revise to state "any lot that abuts Hwy 5" staff agrees
"DESIGN STANDARDS"
History
The city has been experiencing a significant amount of new development. This
development occurs in all forms of designs and styles. Many requests have been made to
deviate from city standards. As a community, we have also begun to question our
development standards. The purpose of this discussion is to:
· define design standards,
· examine what other communities are doing, --
· review what regulations the city currently has in place,
· analyze materials verses form and function of a building, and
· explore the process of adopting or implementing standards.
What is Design Review?
Developing the chamaer (design) of a community is au important part of the preservation
and enhancement of land values. Design standards are one component of the city's
character. Today there are a lot of choices in materials and methods. Styles and trends
change and freedom of expression and individual choice conflict with the community
needs and images. Material standards need to be flexible to allow for changes. Part of
the character of a community is its architecture and landscape. The city's character is an
important component in setting goals for design review..
According to David Sucher in his book City Comforts, "Our expectations for building
should be modest and realist, we are too harsh on ou~ architects and builders. We
somehow expect each new work to be novel and full of surprise. This point-of-view does
not help to create amiable cities. It looks at the wrong things. People-architects
included-olden speak of a building and decry it as derivative or nothing special. When
questioned further, they admit that the building isn't bad, really, but it's not a great work.
To wonder if a particular building is a great work is to hold it up to a flawed standard or
review on two counts.
First such an approach tends to overemphasize the parley visual; one examines the
building as it if were a photogi~h on a wall and one talks of balance and composition
and so on. Secondly, the very nature of the question asks one to view the building as a
discrete object-isolated on its own lot - not as a piece of a city landscape.
Both aspects may into the misuse - albeit ancient - of architecture as a tool of social
aggrandizement, posturing and pomposity. Such an attitude many feed the hungry maw
of the architecture and design press but it does little to nourish the eye of body of the
would be urban villager.
Design Standards
January 2000
Page 2
The great work standard is out - of scale. Something more modest is needed. More often
than not, the important question is not whether some particular building is a great
building. The correct standard of review is more this 'if this building were just about
standard for the community, would we still want to live here.' Be realistic. Does the
building follow the very few basic rules of urban design? If so, grant the permit and-
build it. Of course every town needs a few memorable structures of civic pride and joy:
a stadium, a tower, a church or temple. But these are by practical necessity few, the
majority of buildings will good solid moneymaking background buildings. It is only
occasionally that a building by special use or unique site-needs to be a focal point. Our '
cities have a long way to go before its appropriate to use the great work standard of
architectural review for everything." (Sucher, City Comforts, 1995, page 17)
The focus of the city's character should not focus on publicly visible facades. Character
of a city includes streetscape, and street patterns, street furniture. The core of design
review should be clear understanding of objectives. In most cases the objectives will be
the desire to save something or the driving market forces. The design criteria should be
as simple as attention to detail:
· What is the use/needs (building)
· Landscaping
· Screen parking behind or to the side of building
· Orientation of the building (street presence) and form'
· Materials
· Mass - height, bulk, roof line
· Signage
"A community is the work of many architects, planning commissions, city council,
developers, owners and private citizens - a whole series of composers, conductors,
performers and audiences - over a generation or more of time. It is a public art of the
highest order and the highest potential." (Robert Burley, Redirecting the Theater of the Built
Environment, page 14.) While we examine.design review, it is important not to lose focus
on the overall character of the community.
Current Regulations
The fight to regulate design has been legally challenged. 'The right to regulate is found in
the Fifth Amendment of the Constitution '~qor shall private property be taken without
just compensation." In 1922, the nde that is still used today given by Justice Holmes'in'
the Pennsylvania Coal Company v. Mahon said that while property may be regulated to-a
certain extent, regulation that is too extreme will be recognized as a '~aking." [260 U.S.
393]
In 1978 the U.S. Supreme Court in Penn Central Transportation Company, et al. v. City
of New York, et al. held that no taking had occurred despite the fact that the New York
Design Standards
January 2000
Page 3
City Landmarks Preservation Commission had denied the owners of Grand Central
Terminal a certificate of appropriateness for construction of a 55 - story office tower on
the terminal site. The court used the following test: No taking will have occurred if"the
restriction imposed are substantially related to the promotion of the general welfaxe ...
and if the owner is left with a reasonably beneficial use of the site." [438 U.S. 104]
The important principle of design review'is the standards or guidelines. They can be
arbitrary and capricious. Lawyers use "due process" to examine if the standards can be
supported. Architectural controls are sometimes adopted without a design survey of the
community or without well defined standards or comprehensive plan for the
improvement Of the community. This is not the case in Chanhassen.
The city currently has design control through several different ordinances:
1. Site Plan Review division Sec. 20-106- 20-110,
2. Article VIII Planned Unit Development District Sec 20-501 501,
3. Article XXV Landscaping and Tree Removal and
4. Article XXIX Highway Corridor Districts.
(Please review attached sections of the city code.) The ordinances that are in place are
influencing the style that currently exists throughout the commtmity.
Design Standards in Other Communities
"lndeea[ design review has acquired a negative image in some quarters due to ordinances and reviews that
dwell upon superficial characteristics of buildings, such as materials and colors. This is the "wallpaper"
approach to design review -just make it pretty - - and does not add~s more fundamental issues."
(Hinshaw, 1995:23)
Design standards are utilized in other communities throughout the United States to ensure
a quality and unique commtmity. If applied correctly, they will produce an integrated,
unique and attractive ~mmunity.. Basically, design standards employ basic_ principles
rather than rigid rules such as requiring pedestrian access, public art and surface parking
to be located behind a building. Design standards cover all aspects of the site from
landscaping to facade transparency to lighting.
According to several reports on design review, standards must be tailored to a specific
commtmity's history, topography and location. The intent is misguided if another
community's standards are merely photocopied and adopted. The whole intent of design
standards is to reverse the effects of the-strict ordinances that produc~ ubiquitous strip
malls and commercial buildings throughout the country. Now one can see the same
prototypical restatmmt in Oklahoma City and Maple Grove.
Design Review vs. Aesthetic Control
Design review is different from aesthetic control. Design review attempts to reach a
consensus with numerous groups of people and ideas, whereas, one group exhibits
Design Standards
January 2000
Page 4
authority in aesthetic control. Ultimately, as the table below indicates, requiting a certain
type of exterior material will not ensure a quality product, however, creativity within set
guidelines will offer the best product.
Design Review Aesthetic Control
Broadly-oriented
Concemed with performance
Embraces differem solutions to criteria
Utilizes principles
Values creativity
(Source: Hinshaw, 1995;4)
Narrowly focused and prescriptive
Concerned with product
Exclusionary
Utilizes rigid rules
Values conformity
Design Guidelines, Generally
Design guidelines should be just that, guidelines. Being too prescriptive results in
conformity and monotony. For instance, if Any tom, USA required that all single
family homes be two-story and blue in color, that would be one mundane community.
Many communities believe that if they require all commercial buildings to be brick the
resulting product will be attractive and high quality. This notion can be attributed to the
success of historic preservation movement. In Minnesota, the majority of historic
buildings are constructed of brick or stone with significant detailing. Design standards
involve much more than simply materials. Requiring all buildings to be brick does not
always result in high quality or an attractive building. Countless ugly brick buildings can
be found throughout the country.
According to Design Review, design guidelines should address overall site design, use of
plant materials, building orientation and form, signage and public spaces (Hinshaw, 1995;
23).
Overall Site Design
Site design includes access, parking, building location and acknowledging adjacent uses.
That is, access for pedestrians and vehicles, not parking being the focus of the site and
appropriate screening of loading areas and mechanicals.
Landscaping
Landscaping carl provide screening, enhance the building and define the entrance.
Building Orientation and Form
Building orientation and form refers to how the developed site relates to the sidewalk,
street and adjacent properties, in addition to the neighborhood. For instance, the entrance
Design Standards
January 2000
Page 5
of building should be pronounced, the bulk (or height) of a building should relate to
adjacent buildings.
Si_relate
Simply, signage should be compatible.
Public Spaces
Public spaces should be accessible by the public and attractive to ~edestfians. In
addition, they should be located adjacent to commercial uses so that the public has some
other reason to go there.
Other Design Issues
Materials and colors are important to the overall appearance of a bull .ding, however, if the
landscaping and access are poorly designed, the intent of the expensive materials will be
lost.
Material Standards in Minnesota Communities
Staff surveyed other Minnesota communities to determine the prevalence of design
standards, and more importantly, if they require a certain exterior material. All 10
communities discuss materials in the standa~.
APPLE VALLEY
Population: 41,578
Community Type:
"Second-ring" suburb; incorporated in 1969
Design Standard:
Downtown Development Design Guidelines
· "Building design requirements are therefore general and qualitative, with limited
requirements for the use of specific materials, finishes, colors,.textures, specific
glazing patterns or specific design style."
· "The challenge of quality design relies on the use of high quality architecture; subject
to rigorous design review."
Specific Design Principles for building materials in downtown guidelines:
· Color and Texture: building exterior colors must be compatible with other projects in
the immediate vicinity
Design Standards
January 2000
Page 6
· Brick: unglazed tile, and other clay products are acceptable as primary field materials
· Exterior facades of plain concrete are not acceptable, except as a small design
element
· Natural stone is acceptable
· "Mirror" glass in either window or spandrel glass is not recommended
Design Standard: Zoning Ordinance Section A1-53. Building and site design
Required Building Materials:
Commercial and industrial buildings shall have a vertical exposed exterior finish of
100 percent non-combustible, non-degradable and maintenance-free construction
materials; construction materials such as sheet or corrugated aluminum, iron, or
concrete block of any kin or similar are excluded.
Multiple residential buildings adjacent to "R" zones or occupied "M" zones shall
have a vertical exposed exterior finish consisting of at least 50 percent non-
combustible, non-degradable and maintenance-free construction materials with the
balance being a non-manufactured natural construction material such as plank cedar
or redwood.
· CHASKA
Population: 14,370
Communi _ty Type:
Historical settlement with traditional compact commercial
center and commercial along arterial roadways.
Design Standard: Zoning Ordinance Section 9.11. Building Design/Materials in
Commercial and
Industrial Districts
· "...to assure that buildings in more intensely developed areas of Chaska will be of
high quality in both visual and functional terms. To that end, the Section identifies
permitted building materials which are durable and long-lasting and which generally
present a more attractive visual appearance than less durable materials."
· Architectural Design and Compatibility: "The exterior architectural appearance of
the proposed structure shall not be so at variance with the exterior architectural
appearance of existing structures within the immediate area..."
· Permitted materials: brick, natural stone, precast concrete units (Industrial Districts
only) and concrete block, provided that surfaces are molded, serrated, or treated with
a textured material in order to give the wall surface a three-dimensional character,
wood with proven exterior durability; curtain wall panels of steel, fiberglass, and
aluminum with permanent durable non-fade surface, and glass curtain wall panels.
Design Standards
January 2000
Page 7
EDEN PRAIRIE
Population: 47,840
Community Type:
Suburb with regional c, ommor~ial located on arterial
roadways
Design Standards: Zoning Ordinance Section K. Architectural Standards
..
· In commercial districts 75 percent of the exterior building finish shall consist of
materials comparable to face brick, natural stone, glass
· In industrial districts 75 percent of the exterior building finish shall consist of
materials comparable to face brick, natural stone, glass, speedy designed pre east
concrete units if the surfaces have been integrally treated with an applied decorative
material or texture and smooth concrete block if scored at least twice, rock face
· 'In all districts except some residential wood, stucco, vinyl, metal, plastic or a
combination of all these materials, shall not compromise more than 25 percent of a
building's exterior finish.
EDINA
Population: 47,029
Community Type:
Fully developed inner-ring suburb with commercial
districts in both a dense core district and along major
arterial roadways.
Design Standards: Design Framework for 50m and France Avenue
Specific Building Exterior Treatments
· "Along with building massing, building exterior treatmem is the most impo .mint '
feature to lend mood and character to an area."
· Use natural, "warm," "soW' materials - wood, brick, stone, smeeo, etc.
· Limit the number of materials to two per establishment
· "It is not the style of the building design that gives 50t~ and France its character but
the scale, use of materials and clustering of buildings which combine'for the total
effect."
Design Standards
January 2000
Page 8
MINNETONKA
Population: 51,607
Communi _ty Type:
Fully developed suburb with commercial along major
arterial roadways
Design Standards: Zoning Ordinance Section 300.31 Building Materials
.. ·
· Acceptable materials include brick, dimension stone, glass and combinations thereof
· Aggregate precast concrete panels may be permitted subject to architectural review
· Wood materials may be used for accent purposes and for buildings intended to be
designed in a residential character and located at a transitional area in proximity to
low-density residential or protected natural features such as Wetland.
Metal and stucco may be permitted for limited accent use only
NORTHFIELD
Population: 15,859
Community Type:
Out state historical settlement with compact commercial
downtoam district
Design Standards: Zoning Ordinance Section 1350:600 Architectural Standards
"All buildings shall be finished on all sides utilizing materials which are consistent
with the whole exterior design, and with those materials identified as appropriate for
the immediate environment, neighborhood or district."
Design Standards: Zoning Ordinance Section 1300:620 Design Smnd~ for Highway
Commercial Planned Development Zones _(Target Development)
· "It is the intent of these standards to encourage development that is compatible with
the building character of the downtown historic district by use of similar materials
and colors."
· "An application for PDZ approval shall be reviewed by the Design Advisory Board'
for conformance to these standards."
· "In multiple story buildings, the first floor shall be differentiated by form, materials
and/or other physical attributes such as intermediate cornice lines, awnings or
arcades, and changes in window shape or treatment."
· Entrances shall include at least 2 of the following features: canopy, portico,
overhang, arcade or arch above the entrance; recesses or projections in the building
facade surrounding the entrance; peaked roof or raised parapet over the door; display
Design Standards
January 2000
Page 9
windows surrounding the entrance; architectural details such as tile work or
ornamental moldings; and patio or outdoor seating area
"Dominant building materials shall include brick masonry (modular or standard),
natural stone or textured, east stone, tinted or painted masonry units, wood and/or
windows."
"Accent building materials may include decorative concrete masonry units,
decorative pre-fabricated concrete panels, architectural pre east concrete, stucco,
exterior insulation finish systems (EIFS), glass block and metallic trim elements."
STILLWATER
Population: 15,906
Community Type:
Historic settlement with compact commercial cen~ and
commercial along arterial roadways.
Design Standards: West Stillwater Business District
"Unadomed prestressed concrete panels, standard concrete block or metal siding shall
not be used as exterior materials for new buildings. Architecturally enhanced block
or concrete may be acceptable."
VICTORIA
Population: 3,343
Community T _vpe: Small historic settlement with central commercial district
Design Stands_rds: Ci_ty of Victoria Downtown Redevelopment Plan
"Exterior materials shall consist of one or more of the following: natural brick,
stucco, stone, wood, glass and treated/anodized metal for trim and pitched roofs."
"Roof material shall be split cedar (treated), tile, slate, treated or anodized metal,
copper, or asphalt/fiberglass shingles matching the color and design criteria for
downtown."
WACONIA
Population 7,000
Communi .ty Tvoe Freestanding growth center. Older downtown with emerging
Highway Commercial and Health Care Business District.
Design Standards
January 2000
Page 10
Desien Standards: City of Waeonia Downtown and Highway District
There are areas that have a have design standards they include the Downtown
District and Highway Health Care Business District. The standards include:
Architectural Style
Building Placement
Building Width and Facade Articulation
Size Portion and Placement
Building Height and Roof Design
Ground Floor Windows Entries and Expression
Number of Entrances
Building Materials
Side and Rear Treatments
Building Colors
Parking
Parking Lot Landscaping
Interior Parking Lot Landscaping
Placement and Screening of Service, Loading and Storage Areas
Lighting
Pedestrian and Bicycle Access
Community Amenities
Signs
WAYZATA
Population: 4,027
Communi _ty Type:
Historic settlement with dense commercial district and commercial
along arterial roadways
Design Standards: Wayzata Design Guidelines (Lake Street)
"Building should be constructed of authentic materials such as wood, brick, stone,
cast stone or stucco. Accent materials may include metal, glass block, EIFS, copper
flashing or similar materials. Stucco or EIFS as a primary material may only be used
on buildings with a footprint smaller than 3,500 sq. ft."
WI-HTE BEAR LAKE
Population:
26,017
Community Typ_ e:
Historic resort settlement; commercial district along arterial
roadways
Design Standards
January 2000
Page 11
Design Standards: Zoning Ordinance for all business and industrial districts
Exterior building materials should be durable and long lasting and be a combination
of the following: face brick; natural stone; decorative concrete block (colored by
pigment); east in place or pre-east concrete panels (colored by pi~mnent); stucco;
wood (finished for exterior use); curtain walls of steel, fiberglass and aluminum (no
more than 50 percent of the aggregate wall area excluding window and door areas);
glass; and decorative painted concrete (on any building wall not visible from a public
fight-of-way).
..
Materials
The finished square footage costs for office are over twice as much as for industrial-
office flexible buildings. (Office and commercial square footage costs are very similar if
not the same.)
. .
Material Office Sq. Ft. Cost Ind. Sql Ft. Cost Difference percent
metal with glass $89.08 $42.88 108
concrete pre-cast $79.46 $34.98 127
panel
brick with block $82.92 $37.71 120
backup
concrete block $79.97 $35.70 - 124
(See attachments)
· Curtain wan consm~on is the most expensive facade type regardless of material.
· The lease expensive construction material is a concrete tilt-up or pre-east panel.
· The difference between the most expensive (ctirtain wall with metal and glass)
and least expensive (concrete pre-~ panels) is 12 percent for office buildings,
$89.08 vs. $79.46, respectively.
.
· The difference between the most expensive (curtain wall with metal and glass)
and least expensive (concrete pm-cast panels) is 23 percent for industrial flex
buildings, $42.88 vs. $34.98, respectively.
The base cost of a building represents approximately 2/3~ of the cost of an office
building and 58 percent of the cost of industrial-office flexible buildings. Interior
finishes are the major difference between buildi~ costs.
· The difference between base costs for office and industrial flex buildings is 157
percent.
Design Standards
January 2000
Page 12
· The percent of the square footage cost attributed to exterior materials averages
17.8 percent for office building and 27.3 percent for industrial buildings.
Cost of construction is a major consideration in the design for most buildings. Industrial
buildings, which are predominately assembly or warehouse, have a different function
than a bank, which has a large volume of traffic. The function (use) of a building is
going to force the form (material and design). This fact can be proved by an examination
of the buildings in Chanhassen. The buildings that have a higher grade of design (brick)
are the banks, restaurants, institutional uses (churches, city hall, fire station, post office)
some retail and commercial. Not all retailers want nor can they afford to pay the rents at
the Beverly's center. Other centers with different rents add to the diversity of users.
Process
There are a few approaches the Council could take. They include:
1. Change design standards to require higher quality materials
Advantages
Guarantee higher quality material
Reduce time spent with developers negotiating materials
Make existing materials on buildings nonconforming, which at some point in the future,
if they were removed, they would be rebuilt with a higher quality materials.
Disadvantages
Increased cost of development
Give the community or structures a homogenous appearance
Reliance on nonconforming materials to bring about higher standards is a long-term
process.
2. Leave design standards as is and expand the Highway 5 Overlay District
requirements City wide
Advantages
Proactive, new development could be used to generate improvements.
New ordinance could be used to require improvements with existing uses as they expand
or rebuild.
Disadvantages
Risk that past policies that are somewhat vague could be continued
May not deal with the use of material specifically the use of brick
3. Establish an architectural review committee.
Design Standards
January 2000
Page 13
Advantages
Independent and professionals reviewing designs; recommendations would go to the
planning commission and city council
Disadvantages
Additional layer of review adding to the time and cost of development (60 day review
law) this is not free of the negotiation process
g:~lan~a~design s~andards.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIF~, MINNESOTA
SUMMARY OF ORDINANCE
This ordinance amends City Code Chapter 20 including the Site Plan Review, PUD and
Hwy. 5 Overlay, regarding use of materials and design (Design Stan~).
A printed copy of the ordinance is available for inspection by any person during regular
office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this
,2001, by the City Council of the City of Chanhassen, Minnesota.
day of
CITY OF CHANHASSEN
Todd Gerhardt, City Manager
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ARTICI.F~ XXIV
GENERAL SUPPLF. MIRNTAL REGULATIONS
DIVISION 7, DESIGN STANDARDS FOR COMMERCIAL, INDUSTRIAL
AND OFFICE-INS~ON~ DEVI~I-OP~S
Sec. 20-i060 PURPOSE
These Design Standards.govern site planning, placement of building masses, use of materials,
enable the City to enhance what otherwise might result in low quality development. These
Design Standards will:
1)
2)
3)
4)
Promote high-quality architectural and site design.
Protect creek corridors, wetlands, and significant stands of maun~ trees through the use
of careful site design; protective easements; sensitive alignment and design of roadways
and utilities; incorporation of natural features; landscaping and massing of trees that
enhance existing natural features and views; and the practices delineated in' the City's
Best Management Practices Handbook.
Create a unified, harmonious and high-quality' visual environment throughout the City.
Foster a distinctive and positive community image, thereby identifying Chanhassen as a
special place with a unique identity in the Twin Cities Region as a whole.
Sec. 20-1061 INTENT
The City intends that all Commercial, Industrial, and Office-Institutional development
within the City should strive toward the highest level of quality in both design and
construction. Thc criteria by which new development in thc City shall be judged are as
follows:
1)
Consistency with all provisions of the Comprehensive Plan, as amended from time to
time; the Surface Water Protection Program; all provisions of the Zoning Ordinance and
Subdivision Ordinance not specifically overridden by the provisions of these Design
Standards; and all other applicable land use regulations. "
Preservation of the natural conditions found on each site to the greatest extent
possible, through minimized removal of trees and other vegetation and soil,
minimized site grading, and application.of the practices found in the City's Best
Management Practices Handbook.
3)
Establishment throughout the district of harmonious physical and visual relationships
among existing, new, and proposed buildings, open spaces, natural terrain, and plant
materials and placement with the intent of creating a unique and unified appearance
for the entire City.
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Use of appropriate materials, lighting, texture~, colors, and architectmal and landscape
forms to create a unified, high-quality design concept for each ~ite that is compatible
with adjacent and neighboring smmmms and functions, including but not limited tO
natural areas, City-owned property, and vacant land subject tO future development in
accordance with the Comprehensive Plan.
C-'marion of unified site designs, each with a sense of internal order, that provide
desirable environments for site users and visitOrs and the community as a whole and that
consider all site elements including: the reiationship of b .ufldings tO sm~unding
landfom~s; grading; architectural deign; building, parking and loading dock orieniation;
building height; use of manmade materials, including paving; site furnishings 0ighting,
outdoor seating, signage, etc.); landscaping (retention of natural vegetation, plant
selection and placement, retention and incorporation of water features, etc.); and other
visible outdoor site elements.
6)
Creation of a suitable balance between the amount and arrangement of open space,
landscaping, and view protection and the design and function of man-mA4e, features on
the other. Achieving this balance shall take intO account screening, buffei'ing, size and
orientation of open spaces, personal and property security, localized wind and solar
effects, and protection of important public ways.
7)
Provision of safe and adequate ~s to and from sites giving ample consideration to .
the location and number of access points from'PUblic streets, the safety, and
convenience of merging and turning movements, and traffic management and
mitigation.
8)
Provision of on-site vehicular, bicycling, and pedestrian circulation by way of interior
drives, parking areas, pathways, and walkways adequate to handle anticipated needs
and to safety buffer pedestrians and cyclists from motor vehicles. Ample consideration
shall be given to the width of interior drives, internal traffic movement and flow,
separation of pedestrian, cycling, automobile; and delivery traffic, and .the safe,
convenient, and practical arrangement of parking spaces.
9)
Adequate separation and protection of each site from adjacent properties, through -
reasonable provisions for surface water drainage, sound and sight buffers, view
protection, privacy, and other aspects of design that may not be specifically covered
by these or other regulations but are found tO have significant effect on any or all of
the properties and roadways.
Sec. 20-1062 DISTRICT APPLICATIONS
The Design Standards shall apply to all Commercial, Industrial and Office Institutional
development. Within each zoning district the Design Standards shall be in addition tO the
underlying requirements. Single-family residential lots are exempt from the Design Standards.
The Design Standards apply with the following exceptions:
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· Internal alterations to buildings that affect less than 50 percent of the building's gro .ss
floor area and do result in a change to the building height, roof line or footprint.
· Replacement or repair of existing material~.
· The standards shall apply only to the building or site dements being developed or altered.
A proposal for changes to a building would be required to meet only those standards that
pertain to buildings while changes to a parking area would be required to meet all
standards for parking area~ not for buildings.
The Planning Commission shall apply the Design Standards proportionately to the degree of
change proposed. Minor improvements may be mado- to existing uses without costly upgrades
or a complete change to the site. The Planning Commission may make a recommendation to
waive specific Design Standards based on the scale of the project.
See. 20-1063 ARCBI'r~_;CTtJRAL STYI.PJBUn.DING CHARA~
Architectural style shall not be restricted. Evaluation of the a~ce of a project shall be
based on the quality of its design and on its relationship to its surroundings, guided by the
provisions of this section. Site characteristics to be evaluated for this purpose include building
and plant materials, colors, textures, shapes, massing, rhythms of building components and
details, height, roof-line and setback. Designs that are incompatible with their surroundings or
intentionally bizarre or exotic are prohibited.
Monotony of design, both within projects and between any project and its surroundings, is
prohibited. Variation in detail, form, and siting shall provide visual interest. Site ehm'actefistics.
that may be used for this purpose include building and plant materials, sizes, colors,'textures,
shapes, massing, rhythms of building components and details, height, roof-line, and setback.
S17~., PORTION AND PLACEMENT
· .
Site designs and configurations that tend to catch and acx:umulate trash, leaves, and dirt shall
be avoidexL In addition, provisions for washing and cleaning buildings, other structures, and
building grounds shall be considered and included in the design.
All building components, such as windows, doors, eaves, soffits, and parapets, shall have good
proportions that relate to the facade of the building and shall relate well with one another.
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All buil~ shall be located as close as possible to the principal building setback line and the
majority of parking shall be to the rear or side of the build/rig or screened area. Building
~trsn_ ces shall be as close as possible to abutting streets.
1. Entries
The mahi entrance should always face thc primary street with s~ entrances to the side or
rear. In the case of a corner building or a b/dlding abutting more than one street, the Planning
Cornmi.~ion will determine which street should bc consi~ "primary'."based on the visibility
w/th one or more of the following:.
· Camopy, portico, overhang or arch above the entrance
· P.e~ss~ or projections in the building fae, ade smvounding entrance
· Peaked roof or m/sed parapet over the door
· Display w/ndows surrounding the entrance
· Architechual deta/1/ng such as tile work or ornm~ental moldings
· Permanent planters or w/ndow boxes for lan~g
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2. Arfiadation
To avoid long unbroken expans~ buildings of more than 40 feet in width shall be divided into
smaller increments (between 20 and 40 feet) through arfiadzfion of the fitgade. This cam be
~ed through c~mbinafions of the following technic:
* F~ modulation-~--pping back or f~ or extending a portion of the ~
· Vertical divisions using differe~ textures or m~_eri_'ul~
3. The ground level of any multi-story stnwtllm must be visually distinct from the upper stories.
This can be achieved through the use of one or more of the following techniques, and others may
meet the objective:
· An interm~ cornice line
· A sign band
· An awning arcade or portico
· A change in bu/lding materials, texture or detailing
· A change in window shape or tream~mt
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Ground level expression
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Sec. 20-1065 MATERIAL AND DETAIl.
A11 man-made architectural, landscape, and paving ms. rials shall reflect the highest quality
possible and should be used in a msxmer suitable to the nsture of the mnL~ial, i~s role in the
design, general durability, expected level of use or abuse, we~hering chsractefi~'cs, and ease
and frequency of maintenance. The following ~ or equivalent materials are acceptable:
· Brick
· Stone
· Glass
· Textured Masonry Units
· Wood, consisting of lap siding with an exposure no greater than 7 inches or wood shakes;
surfaces must be painted;
· ~dt Up concrete P~nels that are grid or brick l~e in appem'ance
· .
AccenI material may occupy up to 15 percenI of the building's fagsde. These may include
meUd, glass block, spandrel glass or similar ma~'izls approved by the city.
The following may not be used in any visible exterior application except when specific~y
permitted by .the City in areas with limited public view or ~ areas:
..
· Plain/painted poured-concrete panels "cast in place'
· Painted brick
· Painted concrete panels
· Painted rock faced block
· Unadorned plain or painted concrete block -
· Tilt-up concrete panel that are ribbed or cordm'oy in ~
· Prefabricated steel or sheet metal panels
· Reflective glass
· Aluminum, vinyl, fiberglass, asphalt or fiberboard siding
· ~IS (exterior ~mulating ~h system) may be used as au scceut but not a primary
?a e6
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Sec. 20-1066 COLOR
reds. Bright or brilliant colors and sharply contrasting colors may be used only for accent
purposes occupying a max/mum of 10 percent of building ~.
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Sec,. 20-1067 HEIG~ AND ROOF DF_,SI~
Bn/I~ heigh~ shall be l~-~t~d to thz~ O) stories or forty (40) feet in the Highway 5
t~levision and radio reception, but shall include architectm~ delails (e.g., patat~ walls),
equipment, trod othe~ nozWu'u~ bufl~n~ el~emer~, -
Pitched roofs should have a m/nl ~rrmm roof pitch of 1 r~ to 4 feet ofrun~ - Flat r0of~ should be
defined with an ornament~ parapet or cornice. Average ~ height shall not exceed 1S
percent of the height of the supp~ wall and maximum parapet height at atry point shall not
exceed one-~ of the support wall
Mechanical equipmmt, satellite dishes, and other utility ~are, whether loc~xt on the roof ~r
exte~or of the building or on the ground adj~ to it, shall be screened from the public view
and with materials identical to or strongly similar to building materials or by heavy landscaping
that will be effective in Winter or they shall be located so as not to be vis~le ~mi any public
way. Use of parapet walls or pitched roof elements tO screen equipme~ is .encouraged. In no
case shall wooden fencing be used as a rooftop equipm~ ~
Each building shall corflain one or more pitched elements (pitched roof, awnings, entries, etc.)..
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Sec:. 20-1068 FACADE TRANSPARI:CNCY
Fifty (50) percent of the first floor elevation that is viewed by the public shall be designed to
include ttanspai'ent windows and/or doors to rnlnimi~,~ expanses of blank walls. (Reflective
glass is not permitted).
Thc remaining fifty (50) pcrccnt of thc first floor elcvafion that is viewcd by the public, shall be
designed to/nclude any or all of the following:
Landscape matedals (plant matedal, vertical trellis with vines, planta' boxes, etc.)
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Sec. 20-1069 SITE FURNISHING
Site furnishings located on private ~ shall be designed as part Of the site's architectural
concept and landscape. Materials and colors shall be in harmony with buildings, surroundings,
and other furnishings; scale shall be appropriate to the site and the design; and proportions shall
beam'active.
Site furnis~gs, community features and landscaping located in any public way or on other
public property shall be harmonious with the design of adjacent buildings and with the generally
character of the City.
Lighting in connection with site furnishings (e.g., to highlight a ground sign) shall meet the
criteria applicable to site, landscape, buildings, and signs.
Benches, tables and chairs or similar featur~ shall be required with all new developments.
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Sec,. 20-1070 FRANCHISE ARCH1TEC'rI~URE
Franchise architecture (building design that is wadem~ked or identified with a particular chain
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Sec. 20-1071 LOADING AREAS - REFUSE AREAS - ETC.
Screening of service yards, refuse, and waste-removal areas, loading docks, track parking areas,
and other areas which tend to be unsightly shall be ~lished by use of walls, fencing, dense
planting, or any combination of these elements. Screening shall block views from public
right-of-way (pedestrian views) and shall be equally effective in winter and summer.
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Sec. 20-1072 LANDSCAPING
1)
2)
3)
Where natural or existing topographic patterns contribute to the beau~ or utility of a
development, they shall be preserved to the greatest extent possible. Modification to
topography will be permitted where and to the extent that it contributes to gotxi design.
All topographic modifications shall adhere to the practices delineated in the City's Best
The grades of all walks, parking spaces, terraces, and other paved areas shall conform
with the requirements of the Americans with Disabilities Act. In addition, they shall
provide an inviting and stable a~ce for walking. Stairs .and ramps may be
substituted for slanted pavement when neoessary.
All landscape shall preserve and enhance natural features (such as wetlands, drainage
ways, mature stands of trees, and the like), enhance architectural features, strengthen
vistas and important axes, and provide shade.
Landscaping shall emphasize massing of plant materials..over isolated or scattered
placement of individual specimens. Reforestation.as prescribed by ihe City's Tree
Preservation and Reforestation Ordinance is encouraged.
5)
6)
Unity of design shall be achieved by repetition of certain'plant varieties and other
materials, and by correlation with natural existing materials and adjacent de.velopment3
where appr"-'-:-'
Plant material shall be selected for interest in its structure, texture and color, and for its
ultimate growth size. Plants that are indigenous to the area and others that will be hardy,
harmonious to the design of good appearance, and of relatively easy maintenance shall
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In locations where plants will be susceptible to injury by pedestrian or motor traffic,
they shall be protected by appropriate cra'os, tree guards, or similar devices.
9]
Where building sites limit planting, the placement of trees in parkways, ~, or
paved areas is encouraged. Trees should be clustered whenever possible, and
consideration shall be given to the special needs of plants surrounded by i .mpervious
surfaces.
In areas where general planting will not prosper, other solutions-such as fences, walls,
rock gardens, raised planters, or paving of wood, brick stone, gravel, or cobbles-shall be
usezL Carefully selected plants shall be included.
ALTERNA1T~ LAJ~D$C.A?E
10) Landscaping and tree removal shall be consistent with Section XXV in the City Code.
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Sec. 20-1073 LOT FRONTAGE AND PARKING LOCATION
1. Highway $ Corridor District
a) In any lot that abuts Highway :5, directly, the lot line abutting the
highway shall be considered the front lot line.
b) In any lot that abuts either of the aox:ess boulevards parallel to Highway 5,
the lot line abutting the boulevard shall be considered the front lot line.
c) In any lot that abuts both Highway 5 and one of the access boulevards, the lot
shall be regarded as having two front lot lines. The lot lines abutting the boulevard
shall take design precedence. Such a lot shall be regarded as having no rear lot line or
d) One row of parking shall be allowed within the required minimum front (primary
or secondary) yard setback of any lot. The majority of parking shall be located to the side
or rear of the building.
Z All other Commercial, Industrial or Office-Institutional Districts
Parking areas should be distributed around large buildings in order to shorten the distance to
other buildings and reduce the overall scale of the paved surface. No more than 50 percent of the
parking area for the entrance of the site shall be located between the front factade of the principal
building and the primary abutting street.
Highway 5 Corridor District Map
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In certain sltuatlo~'~s, limited streetfront parldng lots may
be acce~
·
Parking lots ~ted behind shops and offices are
pmfm'rad.
Page 16
CITY OF
PC DATE: Septemb~ ~t, 2001
CC DATE: September 24, 2001
REVIEW DEADLINE: 10/13/01
CASE #:SPR 2001-7 CUP 2001-7
By:. BG, MS, J'S, ST, ML
STAFF
REPORT
Consider a request for a conditional use permit to allow a drive tlgough window
and site plan review for a 4,768 sq. fL Cult's Restaurant
LOCATION:
Lot 1, Block 1, Villages on the Ponds 2aa Addition
Wayne Riser & Associates
13500 Sames Avenue
Bumsville, MN 55337
(612) 867-3979
Planned Unit Development, PUD
2020 LAND USE PIAN: Mixed Use
ACREAGE: 0.94 acres (41,136 square feet)
DENSITY: 0.12 F.A.R.
SUMMARY OF REQUF_~T: The devel~ has .requested a conditional use permit to allow a drive
through window and site plan review for a 4,768 sq. fL Culver's Re~~L
Notice of this public hearing has been mailed to all ~ owners within 500 feet.
!.~.VEL OF CITY DISCRETION IN DECISION-MA KING:
The City has limited discretion in approving or denying Conditional use permits, based on whether or
not the proposal meets the eonditional use permit standm~ outlined in the Zoning Ordinance. If the
City finds that all the applicable conditional use permit standards are met, the permit must be
approved. This is a quasi-judicial decision.
The City's discretion in approving or denying a site plan is limited to whether or not the proposed
project complies with Zoning Ordinance requirements, ff it meets those standards, the City must then
approve the site plan. This is a quasi-judicial decision.
~ate
Hw__y~5
W
78th
(O
St
....
(:3
Culver's Restaurant
September 4, 2001
Page 2
PROPOSAL/SUMMARY
(Note: The Planning Commission previously reviewed the site plan in conjunction with an
amen~t to the PUD to permit the drive through window. The Planning Commis~on held a
public hearing on July 17, 2001 and voted 4 for and I against a motion recommending denial of the
PUD amendment to permit drive through within the development and voted 4 for and 1 against a
motion recommending approval of the site plan with the deletion of the drive Ou'ough window. The
City Council held a hearing on August 13, 2001, to review the proposed amendment to the PUD to
permit drive through windows. The City Council voted 4 for and I against a motion to amend the
PUD to permit drive through windows for a restaurant on Lot 1, Block 1, Villages on the Ponds 2~
Addition. Additionally, they approved an amen~t that would prohibit drive through windows '
throughout the rest of the development or for other uses.) On September 4, 2001, the Planning
Commission held a public hearing to review the conditional use permit and site plan. The
Commission recommended 5-1 in favor of the conditional use pemait for the drive through window
and 6-0 in favor of the site plan with modifications. The report is based on plans with the drive
throu~ window.
The applicant is requesting a conditional use permit to permit a drive through service window.
Such windows are permitted in the development subject to the following criteria: limited to Lot
1, Block 1, Villages on the Ponds 2na Addition, the drive through shall provide sufficient
stacking to assure that traffic is not backed into the parking lot drive aisles, loud speakers used
for ordering shall be shielded so that noise is not heard off-site, and the drive through shall be
screened from off-site views. Through the location of the drive through and the use of site
landscaping, the drive through should comply with the standards required for their use. The
applicant has provided a schematic showing the noise levels of the proposed speaker system_
Based on this information, the speaker should not be heard off site. Staff has also reviewed the
traffic data and site plan and believes that based on the data, the car stacking for the drive
through shall be sufficient.
The second part of the development proposal is the site plan review for the 4,768 sq. ft. Culver's
Restaurant. The one story building is highly articulated and appears to comply with the
requirements of the Villages on the Ponds design standards. Staff believes the building would be
a welcome compliment within the project. The building is to be constructed of high quality
material.
(The site plan a~ to comply with most of the proposed design criteria being developed and
reviewed by the city. Building components appear to have good proportions. There is sufficient
architectural detail on all elevations. The entrance is located to the primary street and is covered by
an entrance foyer. With the addition of windows in the break room and office, the elevations have
over 50 percent transparent windows.)
Culver's Restaurant
September 4, 2001
Page 3
The site has been previously rough graded as part of the Villages on the Ponds 2~a Addition. Sewer
and water service has been brought in to serve this area of the development. The storm water
improvements have also been installed to prepare this lot for development
Staff is recommending approval of the conditional use permit and site plan subject to the conditions
of the staff report.
BACKGRO~
On August 13,2001, the City Council approved an amendment to the Villages on the Ponds -
Development Design Standards permitting a drive through window as a conditional use on Lot 1,
Block 1, Villages on the Ponds 2~ Addition.
On October 11, 1999, the City Council approved Site Plan//99-11 for a 5,233 square foot Ruby
Tuesday Restaurant on Lot 1, Block 1, Villages on the Ponds 2aa Addition. This site plan had been
originally approved on September 27, 1999. This building was not built.
On September 13, 1999, the City Council approved PUD #95-2 granting Final Plat approval for
Villages on the Ponds Sixth Addition, creating one lot. This is the site for the Lake Susan
Apartment Homes development (Site Plan #09-9).
On June 28, 1999, the City Council approved PUD ~95-2 granting Final Plat approval for Villages
on the Ponds Fifth Addition, creating one lot and one ouflot. This site is for the Foss Swim School.
On June 28, 1999, the City Council approved Site Plan #99-9 for a three building apartmen~
development within the Villages on the Ponds development on Outlot J, Villages on the Ponds
(Lot 1, Block 1, Villages on the Ponds 6t~ Addition), each building will be three stories with 54
units for a total of 162 units.
On June 28, 1999, the City Council approved PUD ~)5-2 granting Final Plat approval for Villages
on the Ponds Fourth Addition, creating one lot and two ouflots. This site is for the Peddler Cyclery,
a.k.a., Bokoo Bikes. '
On June 28, 1999, the City Council approved Site Plan ~)9-10 for an 11,095 square foot 1~ story
retail, showroom and office building on LOt 1, Block 1, Villages on the Ponds 4th Addition, The
Peddler Cyclery, a.k.a., Bokoo Bikes.
On June 14, 1999, the City Council approved site pian #99-8 for Foss Swim School for a 9,800
square foot swim school facility on LOt 1, Block 1, Villages on the Ponds 5'h Addition.
On May 11, 1998, the City Council approved Site Plan 98-5 for a 7,443 square foot Houlihan's
Restaurant (Building 2) on Lot 1, Block 1, Villages on the Ponds 3~ Addition.
Culver's Restaurant
September 4, 2001
Page 4
On May 11, 1999, the City Council approved the final plat for Lot 1, Block 1, Villages on the
Ponds 3~ Addition subdividing Outlot D and part of Outlot E, Villages on the Ponds.
On November 24, 1997, the City Council approved Site Plan g97-11 for a 5,300 square foot
building (Building 3) on Lot 1, Block 1, Villages on the Ponds 2~ Addition, for Famous Dave's.
This building was not built.
On September 23, 1997, the city granted approval for a 14,849 square foot retail building on Lot
2, Block 1, Villages on the Ponds 2~a Addition, (Building 4). Building 4 is a one story, 14,849
square foot, multi-tenant, retail building.
On September 23, 1997, the city granted Hnal Plat approval for Outlot C into Lots 1 and 2,
Block 1, and Outlot A, Villages on the Ponds 2~ Addition.
September 12, 1997, enter into sub-recipient agreement with AUSMAR to consmact the
improvement spelled out by the Metropolitan Council's grants.
On August 11, 1997, the City Council approved a proposed 30,000 square foot office building
(Building 17) on Outlot K, Village on the Ponds (g97-9 SPR), plans prepared by Milo
Amhitecture Group, dated 6/13/97.
May 19, 1997, enter into Livable Communities Act Grant agreement with the Metropolitan
Council for the provision of public realm improvements and affordable housing in Villages on
the Ponds ($500,500.00).
February 24, 1997, enter into Transit Capital Financial Assistance Grant with the Metropolitan
Council for the provision of a transit facility within Villages on the Ponds ($190,000.00).
On December 16, 1996, the City Council approved Site Plan 96-13 for a 45,505 square foot
AmericInn Motel and Suites facility (Building 1) on Lot 1, Block 1, Villages on the Ponds.
On September 23, 1996, the City Council approved PUD 95-2, Villag~ on the Ponds, including
a Comprehensive Land Use Plan amendment from Officefmdmtrial, Tngtitutional, Residential
Medium Density, Residential Low Density to Mixed Use-Cornmeal, High Density Residential,
Institutional and Office; Preliminary planned unit development for up to 291,000 sq. ft. of
commercial/office buildings, 100,000 sq. ft. of institutional buildings, and 322 dwelling units;
Rezoning from IOP and RSF to PUD, Planned Unit Development (final reading); and final plat
dated 'qleceived September 19, 1996" for two lots and ten outlots and public right-of-way.
On September 9, 1996, the City Council approved Site Plan 96-11 for a 96,288 square foot
school church facility for St. Hubert Catholic Community on Lot 1, Block 2, Villages on the
Ponds.
Culver's Restaurant
September 4, 2001
Page 5
On August 12, 1996, the City Council granted preliminary approval of PUD ~)2-1 including a
Comprehensive Land Use Plan amendment from Office/industrial, Institutional, Residential
Medium Density, Residential Low Density to Mixed Use-Commercial, High Density Residential,
Institutional and Office; Preliminary planned unit development for up to 291,000 sq. ft. of
commercial/office buildings, 100,000 sq. ft. of institutional buildings, and 322 dwelling units;
Rezoning from lOP and RSF to PUD, Planned Unit Development (first reading); Preliminary plat
for 13 lots and 3 outlots and public right-of-way; Wetland Alteration Permit to fill and excavate
wetlands on site; Vacation of right-of-way and easements; Environmental Assessment Worksheet
(EAW) findings of Negative Declaration of the need for additional environmental investigation;
and Indirect Source Permit Review for the Villages on the Ponds project.
APPLICABLE ZONING REGULATIONS
Division 2. Conditional Use Permits
Division 6. Site Plan Review
Villages on the Ponds Development Design Standards
The site is adjacent to a large utilized wetland and a wetland mitigation area. The applicant will
not have additional wetland impacts.
Because the wetlands are Utilized wetlands, there is no wetland buffer or setback requirement.
However, due to the proximity of the proposed paved areas to the wetlands, all areas between
paved areas and wetlands shall be revegetated per the planting plan that was approved as a part of
Villages On the Ponds.
EROSION CONTRO~L
All areas disturbed as a result of construction activities shall be immediately restored with seed and
disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in
accordance with the City's Best .Management Practice Handbook.
The applicant shall provide storm water calculations to demonstrate that ponding will be adequate
to meet all applicable City water quality and water quantity requirements. The applicant shall either
adjust the proposed flared end section to discharge into the center of the pond or demonstrate the
rationale behind the proposed alignment of the flared end section.
GENERAL SITE PLAN/ARCHITECTURE
The developer is proposing a one story, 4,768 square foot Culver's Restaurant. The maximum
height of the building is 26.5 feet to the top of the northern roof. The primary building material
Culver's Restaurant
September 4, 2001
Page 6
is four inch tall by sixteen inch long split face block, color Night Gold. Limestone sills are
located below every window. Exterior Insulating Finishing System (E.LF.S.) columns, linen
white in color, are added to building elevations to provide architectural interest and articulation.
A sand colored E.I.F.S. band hms along the top of the wall. The north and south ends of the
building incorporate tower smmmms reminiscent of Building 4 to the east and the Bokoo Bikes
building. The roof is made of Interstate Blue standing seam metal similar to the roof treatment
on the ends of the retail building to the east. The roof has varied slopes and angles to add to the
architectural detail of the building. All elevations are given similar architectural treatment.
!
The applicant has proposed a drive through window and drive aisles on the western side of the
building. Culver's is not considered a fast food operation since food is not prepared ahead of the
order from the customer. This fact requires that vehicles wait for the food to be prepared.
The following setbacks shall apply:
Villages Proposed
Hwy. 5 50'. 121'
Interior Side Lot Line 0' E 69', S 15', W 24'
LANDSCAPING
Screening for the drive-through area of the Culver's Restaurant is insufficient. Views from off-
site, primarily from Highway 5, are not adequately buffered with the proposed landscape plan. In
addition to the proposed landscaping, staff recommends that an understory evergreen element be
added to the northwest area of the property. Examples of suggested plant materials to be used
would include arborvitae, mugho pine and juniper (taller varieties). Evergreens should be 10 -
15 feet at maturity.
Proposed landscaping meets minimum requirements as outlined in the overall landscape plan for '
the Villages on the Ponds PUD development. An emphasis has been placed on buffering the
parking area from Highway 5. A mixture of shrubs and trees with varying mamm heights is
proposed along the north side of the parking lot. This should provide not only an interesting
landscape but also adequate screening of the lot.
Staff recommends that eliminating the staking and wiring instruction detail in the landscape plan
tiffed 'tree planting - guy wire'. Chxtrent theory eschews that practice and staff agrees that it is
unnecessary and potentially detrimental to the trees.
Culver's Restaurant
September 4, 2001
Page 7
GRAD~G/DRAINAGE/EROSION CONTROL
The current plans show a restaurant with a proposed floor elevation of 952.0. The plans also
show a drive-through area on the west side of the building and a parking lot on the east side.
Storm water from the north half of the site will drain to an existing catch basin in the northeast
corner of the property. The south half of the site will drain to a collection of proposed and
existing catch basins along the south property line. The storm sewer will route the drainage to an
existing pond north of the parking lot for treatment prior to discharge to the existing wetland.
Storm sewer sizing calculations will be required prior to building permit approval. Also,
Watershed District approval will be required prior to building permit approval.
As part of this site plan, the applicant is proposing some grading and construction activity outside
of the property limits to the south and west. The applicant should be aware that any off-site
grading will require easements from the appropriate property owner(s). A small retaining wall is
proposed along the western side of the drive-through area.
Proposed erosion control consists of heavy-duty silt fence along the north and west sides of the
site adjacent to the existing wetland. Rock filter barriers are also shown around all existing and
proposed catch basins to prevent construction related sediment and debris from entering the
storm sewer system.
The plans for the new restaurant propose on utilizing existing sewer and water service stubs
south of the lot. Installation of the private utilities for the site will require permits and
inspections through the City's Building Department.
STREETS AND PARKING LOT
The plans propose on utilizing the existing accesses on the south end of the parking lot and a new
exit for the drive-through window off the southwest corner of the lot. A portion of the drive-
through exit is outside of the property lines of Lot 1. This portion will require a private cross-
access easement to be recorded. The interior parking lot circulation looks good; however, some
of the parking stalls are less than the minimum allowable width of 8.5 feet. These should be
revised as necessary.
Staff also took a look at the amount of stacking space in the drive-through area. The drive-
through has enough space for a minimum of twelve cars to be waiting in line. According to the
applicant, that amount of stacking space is as much as some of the busiest Culver's Restaurants
in the nation and more than the Culver's in Shakopee. Staff feels confident that this amount of
stacking space is sufficient for a "cook-to-order" restaurant of this type. Some of the '¥ast-food"
type businesses in Chanhassen, i.e. Wendy's, have a much smaller stacking space area than this
proposal and yet the "fast-food" businesses tend to do more of the drive-through type sales.
Culver's Restaurant
September 4, 2001
Page 8
From a traffic circulation standpoint, the applicant has done a nice job of revising the private
street intersection just south of the site. ~tly, that intersection requires a full 90-degree
turning movement and with a proposed restaurant on Lot 1, staff could envision the intersection
becoming a traffic flow hindrance. The proposed intersection has a slight curve which will help
to keep the through-lxaffic moving along. The location of the curved intersection (basically, a
drive aisle between parking lots) along with the pedestrian-friendly nature of the Villages on the
Ponds, lends itself to slower-moving traffic which will be able to negotiate the proposed curve.
For the final traffic analysis, staff compared the predicted trip generation rates for Culver's with
the predicted rates from the EAW for the entire development. The comparative results were
favorable. The predicted average daily amount of trips for Culver's is within 20% of the figure
predicted by the EAW. While the amount of trips for Culver's is higher, it is much less than
what may be expected from a typical "fast-food" restaurant with a drive-through (on the order of
60% or less). As part of the Environmental Assessment Worksheet, EAW, for Villages on the
Ponds, the developer incorporated 15,800 square feet of high turnover sit down restatwant use as
separate uses. To date, 7,743 square feet of high turn over sit down restaurant has been
constructed within Villages on the Ponds.
Staff has prepared a comparison of traffic generation based on a 4,768 square foot building with
different restaurant types. As can be seen, the faster the anticipated turnover for the use, the
greater the trip generation level.
Use High Culver's Fast Food Quality
Tumov~
with drive through Restamam
Sq. Ft. 4,768 4,768 4,768 4,768
Avg. Daily Rate 130.34 161.74 496.12 89.95
Estimate 621 771~2 2,366 429
AM Peak Rate 14.62 NA 54.81 5.57
Estimate 70 261 27
PM Peak Rate 19.38 25.42 46.28 9.02
Estimate 92 121 221 43
Sat. Trip Rate 158.37 204.28 722.00 94.36
Estimate 755 974 3,442 450
Sat. Peak Hr. Rate 20.00 21.81 58.91 10.82
Estimate 95 104 281 52
Sun. Trip Rate 131.84 NA 542.72 72.16
Estimate 629 2,588 344
Sun. Peak Hr Rate 18.46 NA 72.74 8.38
Estimate 88 347 40
Culver's Restaurant
September 4, 2001
Page 9
Trip generation rates are based on 1,000 sq. ft. of gross floor area.
Trip generation rates for restaurants are taken from the ~ Generatio___gn, 6~h Edition, Institute of
Transportation Engineers, 1997. The Culver Restaurant trip generation rates were calculated
from data provided by Culver Franchising System, Inc.
MISCELLANIOUS
One of the conditions of final plat approval for the Villages on the Ponds 2na Addition was that
the developer submits as-built plans to the City. As of this date the City has not yet received
these plans. As such, the applicant should be aware that no further building permits will be
issued until the as-built plans have been submitted to the City.
LIGHTING/SIGNAGE
The development shall utilize the existing parking lot lighting within the parking area. This light
was approved as part of the site plan for Building 4, the building to the east.
The applicant is proposing wall signage on three of the building elevations. Wall business signs
shall comply with the city's sign ordinance for the central business district for determination of.
maximum sign area. Wall signs may be permitted on the "street" front and primary parking lot
front of each building. A separate sign permit is required.
CONDITIONAL USE PERMIT FINDIN~
When approving a conditional use permit, the City must determine the compatibility of a proposed
development with existing and proposed uses. The general issuance standards of the conditional
use Section 20-232 include the following 12 items:
Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city.
Finding: The proposed use will not be detrimental to or endanger the public'health, safety,'
comfort, convenience or general welfare of the neighborhood or the city.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The proposed use is consistent with the objectives of the city's comprehensive
plan and this chapter.
Will be designed, constructed, operated and maintained so to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area.
Culver's Restaurant
September 4, 2001
Page 10
Finding: The proposed use is designed, consmaeted, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
1
.
.
.
Finding: The proposed use is not hazardous or dismfl~g to existing or planned
neighboring uses.
Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage stngmms, refuse disposal, water and sewer systems and
schools; or will be served adequately by such facilities and services provided by the persons
or agencies responsible for the establishment of the proposed use.
Finding: The proposed use is served odequately by essential public facilities and services,
including streets, police and fire protection, drainage smmanr, s, refuse disposal, water and
sewer systems and schools.
Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The proposed use will not creme excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
Will not involve uses, activities, processes, materials, equipment and conditions Of
operation that will be detrimental to any persons, ~ or the general welfare because of
excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
l;~mding: The proposed use does not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, pmpe~ or
the general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Will have vehicular approaches to the ~ which do not cren~ traffic congestion or
interfere with traffic or surrounding public thoroughfares. -
Finding: The proposed use has vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: The proposed use does not result in the desmm/on, loss or damage of solar
access, natural, scenic or historic features of major significance.
Culver's Restaurant
September 4, 2001
Page 11
10. Will be aesthetically compatible with the area.
Finding: The proposed use is aesthetically compatible with the area. The proposed
development of the site should enhance the appearance of this comer.
11. Will not depreciate surrounding property values.
Finding: The proposed use will not depreciate surrounding property values.
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: The proposed use meets standards prescribed for certain uses as provided in this
article. The development complies with the Villages on the Ponds design standards, the site
plan requirements, and the conditional use standards.
SI.__TE PLAN FINDLNGS
.
·
In evaluating a site plan and building plan, the city shall consider the development's compliance
with the following:
(1) Consistency with the' elements and objectives of the city's development guides,
including the comprehensive plan, official road mapping, and other plans that may
be adopted;
(2) Consistency with this division;
(3) Preservation of the site in its natural state to the extent practicable by minimizing
tree and soil removal and designing grade changes to be in keeping with the
general appearance of the neighboring developed or developing or developing
(4) Creation of a harmonious relationship of building and open space with natural site
features and with existing and future buildings having a visual relationship to the
development;
(5) Creation of functional and harmonious design for structures and site features, with
special' attention to the following:
a. An internal sense of order for the buildings and use on the site and
provision of a desirable environment for occupants, visitors and general
community;
b. The amount and location of open space and landscaping;
Culver's Restaurant
September 4, 2001
Page 12
Cl
Materials, textures, colors and details of construction as an expression of
the design concept and the compatibility of the same with adjacent and
neighboring structures and uses; and
dj
Vehicular and pedestrian circulation, including walkways, interior drives
and parking in term~ of location and number of access points to the public
streets, width of interior drives and access points, general interior
circulation, separation of pedestrian and vehicular traffic and arrangement
and amount of parking.
(6)
Protection of adjacent and neighboring properties through reasonable provision
for surface water drainage, sound and sight buffers, preservation of views, light
and air and those aspects of design not adequately covered by other regulations
which may have substantial effects on neighboring land uses.
Finding: Subject to the revisions contained in the staff .x ,port, the proposed site plan is
consistent with all plans and specifications and development design stan~ for the
Villages on the Ponds Planned Unit Development.
PLANNING COMMISSION UPDATE
The Planning Commission held a public hearing on September 4, 2001, to review the proposed
development. The Planning Commission voted 4 for and 1 against a motion recommending
approval of the conditional use permit to permit a drive through window subject to the conditions
of the staff report with a revision to condition 5 to make the percentage 25% rather than 20
percent and the addition of condition 6 requiring the applicant to provide the city with traffic
counts from the Shakopee Culver's. This information has been provided so the condition is met
and does not need to be made a condition of approval. The results of the study show that the trip
rates are lower than those projected as part of the city's analysis of the development and would
be well within the parameters of the conditional use permit requirements.
The Planning Commission voted unanimously (5-0) for a motion recommending approval of the
site plan for Culver's Restaurant subject to the conditions of the staff report with the addition of
the following conditions:
1. A stop sign shall be installed at the exit of the drive through.
2. Add windows on the floor plan to reflect the windows shown on the elevations.
3. The applicant shall consider changing the color of the roof to be compatible with
adjacent buildings.
Culver's Restaurant
September 4, 2001
Page 13
Staff recommends that the City Council adopt the following motions:
'~I'he City Council approves Conditional Use Permit #2001-7 for a drive-through window
subject to the following conditions:
The drive-through shall provide sufficient stacking to assure that traffic is not backed into
the parking lot drive aisles.
2. The loud speakers used for ordering shall be shielded so that noise is not heard off-site.
3. The drive-through shall be screened from off-site views.
1
The drive-through window is approved only for a restaurant use that custom prepares
foods at the time of order.
1
Trip generations for any restaurant use on the site shall be Within 25 percent of the
average trip generation rates shown for a high turnover, sit down restaurant in the Trip
Generation, 6t~ Edition, Institute of Traffic Engineers."
"rhe City Council approves Site Plan ~2001-7, as shown on plans prepared by John Oliver &
Associates, Inc., dated 8/15/01, subject to the following conditions:
An understory evergreen element shall be added to the northwest area of the property.
Evergreens should be 10 - 15 feet at maturity.
2,
The applicant shall enter into a site plan agreement with the City and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
All areas between paved areas and wetlands shall be revegetated per the planting plan that
was approved as a part of Villages on the Ponds.
,
All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management Practice Handbook.
1
The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota Department of Natural
Resources, Army Corps of Engineers and Minnesota Department of Transportation and
comply with their conditions of approval.
Culver's Restaurant
September 4, 2001
Page 14
6. Submit storm sewer sizing design data for a 10-year, 24-hour storm event.
g
Add the following 2001 City Detail Hates to the detail sheet: 5203, 5215, 5300, and
5302. Also, show the most current revision of plate no. 3102.
o
Prior to building penuit issuance, all plans must be signed by a professional civil engineer
registered in the State of Minnesota.
.
No building permits will be issued until the City receives as-built plans for the
development.
10. Any off-site grading will require easements from the appropriate property owner(s).
11.
Revise the western slope off of the drive-through area to show either a maximum slope
grade of 3:1 or to install a retaining wall.
12.
Some of the parking stalls are less than the minimum allowable width of 8.5 feet. These
should be revised as necess~.
13.
Detailed occupancy related .requirements cannot be reviewed until complete plans are
submitted.
14. The utility plans will be reviewed dufin.' g the permit process.
15.
The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
16.
The applicant shall eliminate the staking and wiring instruction detail in the landscape
plan titled 'tree planting - guy wire'.
17. All signs shall require a separate sign permit.
18.
A 10 foot clear space must be~ maintaim~d around fire hydrants, i.e. street lamps, u'ees,
shrubs, bushes, Xcel Energy, US West, Cable TV and transformer boxes. This is to
ensure that the fire hydrant can be quickly located and safely operated by firefighters.
Pursuant to Chanhassen City Ordinance #9-1.
19.
Fire lane signs and yellow curbing will be required. Contact Chanhassen Fire Marshal for
exact curbs to be painted and exact location of fire lane signs. Pursuant to Chanhassen
Fire department/Fire Prevention Division #6-1991 and Section 904-1 1997 Minnesota
Uniform Fire code.
20. A stop sign shall be installed at the exit of the drive through.
Culver's Restaurant
September 4, 2001
Page 15
21. Add windows on the floor plan to reflect the windows shown on the elevations.
22.
The applicant shall consider changing the color of the roof to be compatible with adjacent
buildings."
ATTACHMENTS
,
2.
3.
4.
5.
6.
.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Findings of Fact and Recommendation
Development Review Application
Reduced Copy of Site Plan
Reduced Copy of Building Elevations
Memorandum for Mika Milo to Lotus Realty Services, Architectural Review Committee
Chanhassen City Review Submittal- Culver's for Wayne Riser and Assoc., Prepared
6/12/01
Bollard cross section
Villages on the Ponds Development Design Standards
Villages on the Ponds Development Schematic
Americlnn elevations
Houlihan's elevations
Retail Building ~ elevations
Letter from Jennifer Chaput (Mn/DOT) to Robert Generous dated 7/11/01
Letter from Thomas A. Williams to Vemelle Clayton dated 7/24/01
Letter from Thomas A. Williams to Bob Generous dated 8/22/01
Public Hearing Notice and Mailing List
E-mail from David Petty to Mayor Jansen dated August 30, 2001
Planning Commission Minutes of 9/4/01
Letter to Bob Generous from Thomas A. Williams dated 9/19/01
Memorandum from James A. Benshoof and Paul D. Klappa to Wayne Riser dated 9/18/01
Culver's Restaurant
September 4, 2001
Page 16
CITY OF CHANHASSI~
CARVER AND I4]~WNEP~ COUNTIES, MINNES~A
FINDINGS OF FACT
AND RECOMbtENDATION
Application of Wayne Riser & Associates for a Conditional Use Permit for a drive through
window and Site Plan Review for a 4,768 square foot Culver's Restaurant.
On September 4, 2001, the Chanhassen Planning Commission met at its regularly
schedule meeting to consider the application of Wayne Riser & Associates for a conditional use
permit for a drive through window and site plan review for the ~ located at 450 Pond
Promenade. The Planning Commission conducted a public hearing on the pmtxmed conditional
use permit and site plan was prexxAed by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FAcT
1. The property is currently zoned Planned Unit Development, PUD.
2. Thc property is guided by the Land Use Plan for mixed use.
3. The legal description of the property is: Lot 1, Block 1, Villages on the Ponds 2"a Addition.
4. Section 20-110:
(a)
Co)
(c)
(d)
Is consistent with the elements and objectives of the city's development guides,
including the comprehensive plan, official road mapping, and other plans that may
be adopted;
Is consistent with this division;
Preserves the site in its natural state to the extent practicable by minimizing tree
and soil removal and designing gra_ dc changes to be in keeping with the general
appearance of the neighboring developed or developing or developing areas;
Creates a harmonious relationship of building and open space with natural site
features and with existing and future buildings having a visual relationship to the
development;
Culver's Restaurant
September 4, 2001
Page 17
(e)
(f)
Creates a functional and harmonious design for structures and site features, with
special attention to the following:
1) An internal sense of order for the buildings and use on the site and
provision of a desirable environment for occupants, visitors and general
community;
2) The amount and location of open space and landscaping;
3) Materials, textures, colors and details of construction as an expression of
the design concept and the compatibility of the same with adjacent and
neighboring structures and uses; and
4) Vehicular and pedestrian circulation, including walkways, interior drives
and parking in terms of location and number of access points to the'public
streets, width of interior drives and access points, general interior
circulation, separation of pedestrian and vehicular traffic and arrangement
and amount of parking.
Protects adjacent and neighboring properties through reasonable provision for
· surface water drainage, sound and sight buffers, preservation of views, light and
air and those aspects of design not adequately covered by other regulations which
may have substantial effects on neighboring landuses.
5. The planning report g'2001-7 dated September 4, 2001, prepared by Robert
Generous, et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
conditional use permit and site plan review.
ADOPTED by the Chanhassen Planning Commission this 4th day of September, 2001.
CHANHASSF~ PLANNING COMA~SSION
ATTEST:
BY:
Its Chairman
Secretary
Igkplan~bg~-velopment revicw~culvefs.doc
RECEIVED
·
JUN 1 2001
CITY OF
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANH~N, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION ..
TELEPHONE (Day time) ~.,/.2~,,~G7-~.~'~',~'
1. Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
Planned Unit Development
Re,zoning
Sign Permits
Sign Plan Review
9. ~<' Site Plan Review
~r
Subdivision
,i m ·
11. VacMlon of ROW/Easements
12. Variance
Wetland Alteration Permit
13.
14. Zoning Appeal
Zoning Ordinance Amendment
Notification Signs
Escrow for Filing Fees/Attorney Cost**
($50 CUP/SPRNAC/VAR/WAP/Mete$
and Bounds, $400 Minor SUB)
TOTAL FEE $
15.
A list of all property ownem within 500 feet of the boundaries of the property must
Included with the application.
Twenty-slx full size folded copies of the plans must be submitted.
81~" X 11" Reduced copy of transparency for each plan sheet.
NOTE - When multiple applications are processed, the appropr/ate fee shall be charged for eac~ applloati0n.
* Escrow will be required for other a.oollcatlons thmuah the devAIooment contract
' ' PROJECT NAME . //.," ~: ~ ~
LOCATION __ ~
LEGAL DESCRIPTION ~ ~ ~
PRESENT ZONING
REQUESTED ZONING ~
PRESENT LAND USE DESIGNATION ~
REQUESTED LAND USE DESIGNATION
Thls application must be completed In full and be typewritten or clearly printed and must be accompanied by all Information
and plans requlred by applicable City Ordinance provisions. Before filing this application, you should confer with the
PJanning Department to determine the specific ordinance and procedural requirements applicable to your application.
This ls 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 with 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 (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 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 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.
Date
Signature of Fee Owner
Application Received on~
Date
Fee Pald~ Receipt No.~.._.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
III
1!;1~ I
URBAN PLANNINO
ARCHI~
INTERIOR DESIGN
CONSULTING
MEMORANDUM
DATE: 6/14/01
TO:. Lotus Realty Services
FROM: Mika Mil0, AIA
Architectural Review Committee (A.ILC.) for the Project: Village on the Po. nds, Chanhassen, MN
RE: CULVER'S RESTAURANT~ PROPOSED DESIGN ARCHIT-~L EVALUATION AND
RECOMMENDATION, AN OPINION FOR OWNER AND CITY'S CONSIDERATION
1. Mgterial Revi0wqd
This is our f'mal evaluation and opinion based on Culver's final set of design documents as prepared for submittal
to the City, by architect Richard L. Johnson Associates and dated June 12, 2001. The review set included:
submittal checklist, one landscape plan, four civil plans, two elevation sheets (a floor plan, previously submitted),
v~vo identical finish and material color boards and colored up evaluations.
2. proposed U~e. Location, Ma~itude of Development
Conforms m PUD.
3. Site Plan and Flpor plan
No specific "architectural" site plan submitted. However, it appears that all issues are more or less covered through
the landscape and very detailed civil plans.
The pedestrian and vehicular circulation, entrance points, patio location, building disposition and site are in
harmony with PUD concept plans. About 8 parking stalls have been lost though, due to patio and drive through
functions.
The main entry is logically oriented and connected with a walkway with other buildings and with the patio on the
south.
The patio with it's enhanced pavers, umbrellas and outside seating is a welcome feature in focal point of the entry
from Great Plains Blvd., and also nicely oriented towards the Village Promenade, contributing towards the
anticipated activities to find place there (retail storefronts).
The drive-thru is a new proposed feature not specified in PUD, but has been rather sensitively placed, tucked.
behind the building, oriented to where it is the least seen and heavily screened by landscape, silt fence, wetland
marsh and trees.
4. Elevations. Materials. Colors
The final design represents the result of three months of extensive, on-going reviews and coordinations between the
Owner, his architect and the A.R.C. Compared to the initial design proposed to A.R.C. back in March of this year,
this final design, in our opinion, is much more advanced and fitting to the Village architectural character. (please
refer to the attached photos of Culver's "prototype" building design presented to A.R.C. initially.)
The current design incorporates a blend of harmonious earth-tone colors for the building faCde composed out of
small 4 x 16 inch split faced block, with lighter shade colored pillars "supporting" the roof structure. The dark blue
sheet metal roof color is an acceptable version of the blue color, much less "crying for attention" than bright blue
presented initially.
The root~ along with the awnings composed out of build/rig/roof color blcnd, provide welcome ncc, cms to otherwise
very "neutral", overall building colors.
The drive-thru feature is practically not noticeable on the b~ilrli~E elevation desi~; has a very low profile overall
to pray/de sheet-metal mol returns at all gablegpeak elements, which alone with the pilasters, helps intelp-atin~ the
roof with the buildin~ ~.
In conclusion, building elevation designs, materials and colol~, in o~r op/nion, are accep~le snrl meet P.U.D.
standards.
Roof F_xluipment, Signage, Lightin~
A.R.C. is not aware of existence of a roof plA,~ neither have we seen a section c~ the location of HVAC
equipment on the roof. ludging by the roof elevation drawinL% it appears that there is a fiat roof portion beh/nd the
mansard roofs that is :5-6 feet below the roof ridges, so that HVAC ~ may be effecti~y screened from
view from the adjacent sheeis. However, more detail and explAnsiions are needed to form a FinAl opinion.
The si~msge proposed seems to meet P.u.D. snd the City's orain,vr'es ~ does not exceed 20' 'in height and
does not appear to be too aggressive.
In regard to building ~'the Owner needs to provide more detail, especially if. it involves any accent light-.
banding all around the building (as originally proposed), which should not find place at the Village.
Conclusion
Aside of the above A.tLC.'s commen~suggestions for ~ clarifications, and subject to any other poss~le
findings by the City in regard to various codes, zoning or building ordinance x~quirem~s, we find the design
concept and proposed use as acceptable, conformin~ to P.U.D., and recommend it's approval.
· .
4 photos of Culver's prototype, oriolnsl designs.
VILLAGES ON THE PONDS
CHANHASSEN, MINNESOTA
DEVELOPMENT DF, SIGN STANDARD~;
The ptupose of this zone is to create a mixed use PUD consisting of commercial, institutional,
office, and residential uses. The use of the'PUD zone is to allow for more flem'ble design
standards while creating a higher quality and mo~ sensitive proposal. AH ut/l/ties are required to
be placed underground. Each lot proposed for development shall proceed through site plan
review based on the development standards outlined below.
Permitted U~e~
The pcrmitt~ uses in thi~ zone should be limited to uses as defined below or similar uses to
those as listed in the Standard Industrial Classification. If there is a question as to the whether or
not a use meets the definition, tlie Planning Director shall make that interpretation. No single
retail user shall exceed 20,000 square feet on a single level of a building. A maximum of thirty-.
three (33) percent of the square footage of thc retail users within the development may be of a
"big box" category. The intent of this requirement is tO provide a variety of users, including
small retail shops, service providers, coffee shops, cabarets, etc., for residents of the Villages as
well as the community as a whole, rather thsn typical suburban type large, individual users
dominating the development and detracting from the "v/lhge" character. Retail users should be
those that support and compliment the residential development located within the development,
pwvidm' g goods and services which enhance residents of the village and the community.
Office,. Professional and business office, non-retail activity axe, opt for showroom type
display area for products stored or ~ on-site provided that no more than 20
percaxt of the floor space is used for such displayand sales.-
bank/credit union
finance, ;n;urance and real estate
health services - except nursing homes and hospitals
en e=ing, accounti research managem and related s=vices
legal services
Personal Services. Establishments primarily engaged in providing services involving the
care of a person or his or her personal goods or apparel.
dry cleaning
beauty or barbershop
photographic studio
t~x retum preparation
health club
optical goods
computer services
day care center
mail stores
Jnstitutional. Establishmmts that are public/semi-public in nature.
church
library
education services
day care
art gallery
dance studio
Commercial/Retail. Establishments engaged in commercial operations including retail sales
and services and hospitality industries.
Apparel and Accessory Stores
shoe stores
electronic and music store and musical instruments
restaurant- no drive through
restaurant- fast food only if integrated into a building
no freestanding fast food and no drive through
chug store/pharmacy
book/stationary
jewelry store
hobby/toy game
gift novelty and souvenir
sewing, needlework and piece good
florist
camera and photographic supply
art and art supplies, gallery
sporting goods
video rental
food stores including bakery and confectionery
hardware store
computer store
hotel/motel
pewent of the residential unlts shall be rental units. Ofthe ren~ units, the c/ty h~ .ad0pted
a goal of3S IgrCent ofthe units meeting the Me/ropolitan ~'s affo/dable crita/a. For
th¢~p housin~ ~ city-]~s adopted t~ goa~ orS0 pem~ ofthe units mee~ tho
M(m'o~litan Council's affordable crita/a.
Prolu'blted U~e~:
auto related including auto sales, auto repair, gas stations
c. Setbacks
In the PUD standards, there is the requirement for landscape buffering in addition to building and
parking setbacks.
The following setbacks shall apply:.
Great Plains Blvd.: Buffer yard & Setback
Market Blvd.: Buffer yard & Setback
Hwy. 5: Buffer yard & Setback
Interior Side Lot Line: Buffer yard & setback
East Perimeter Side LOt Line (adjacent to
residential): Buffer yard & setback
West Perimeter Side Lot Line (adjacent to
industrial): Buffer yard & setback
Cs 0'
C, 50'
B, 50'
NA. O'
D, 50'
B, 50
Buildin~ Parlcl.~
!
20'
20'
0~
50'
2O
Buffer yards are as specified in the City of Chanhasscn Landscaping and Tree Removal
Ordinance, Article XXV.
No fences shall be permitted between the required landscape buffer and arterial and collector
roads.
d. Development Site Coverage and Building Height
The PUD standard for hard surface coverage is 70% for the overall development.
Individual lots may exceed this threshold, but in no case shall thc average exceed 70
5. More than one (1) principal structure may be placed on one (1) platted lot.
The maximum building height shall be Sector ! - three stories ~with residential loft)/50 fc
(retail and office buildings without residences above shall be limited to two stories/30
feet), Sector II - three stories/40 ~, Sector HI - three stories/40 fL, exclusive of steeples
and bell towers, and Sector IV - four stories/SO feet
The maximum building footprint for any one building shall be limited to 20,000 square
feet without a street level break in the continuity of the building, e.g., pedestrian
passageways, except for the church and residential only buildings.
The following table shall govern the mount of building area for the different uses:
Commercial/ Office/ServiceInstitutionalDwelling TOTAL sq,
Retail ~ ~ ~ Unim
Sector I 114,500 70,500 (~ 0 154 185,000.
Sector II 60,000 * 14,000 0 0 74,000
Sector III 0 0 100,000 0 100,000
Sector IV 0 32,000 (~ 0 112 (~ 32,000
TOTAL 174,500 116,500 100,000 266 391,000
(~ As an alternative, the office/service could be increase by 13,000 square feet in Sector I if the
32,000 square foot office building is deleted in Sector IV and replaced with 56 additional
dwelling units.
* Includes 47,200 square foot, 106 unit motel.
Building square footages may be reallocated between sectors subject to approval by the
Planning Director. Building square footages may be reallocated between uses subject to
approval of the Planning Director. However, the reallocation of building square footages
between uses shah only be permitted to a less intensive use, Lc.. from commercial to office or
institutional, or from office to institutional In no instance shah more than 27,000 square
feet of addition institutional building square footage be reallocated without an amendment
to the PUD.
e. Building Materials and Design
(Staff will be working with the developer to provide pictures to further articulate the design
standards and definitions.)
The PUD requires that thc development demonstrate a higher quality of architectm'al
standards and site design. The intent is to create a pedestrian friendly, "tmditi~'
village chamoter consistent with the European heritage of the upper midwest and the
atmosphere within this development, yet with the amenities and technological tools of
a gene~ guideline and the reflection of the overall village image including the north-
All ma~ shall be of high quality and durable. Major exterior surfllces of all walls shall
· decorative block, cedar siding, vinyl siding in residential with support m,t_~fi_'R!s, or
approved equivalent as determined by thc city. Color shall be introduced through colored
block or panels and not painted block or brick Bright, long, continuous bands are
prohibited. Bright or brilliant colors and sharply comrasting colors may be used only for
accent purposes and shall not exceed 10 Imrcent of a walt area.
Block shall have a weathered fiw, e Or be polished, fluted, or broken face. Exposed cement
("cinder") blocks shall be prohibited.
Mctel siding, gray concrete, curtain walls and similar ~ will not be approved.except
as support ma~ial to one of the above materials, or as trim or as I-IVAC screen, and may
not exceed more than 25 percent ora wall area.
All accessory structtu~ shall be designed to be com.rmtible with the primary structure.
All roof mounted equipment shall be screened by walls of compatible appearing
Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be
fully screened by compatible materials. All mechanical cqui~ shall be screened with
material compatible to the building.
The buildings shall have varied and interesgng detailing. The use of large tmAdomed,
concrete panels and concrete block, or a solid wall ~mrelieved by architectural detailing,
such as change in materials, change in color, fenestrations, Or other significant visual
relief provided in a manner or at intervals in keeping with the size, mass, and scale of the
wall and its views from public ways shall be p.rohibited. Acceptable materials will
be given added architectural interest through building design Or appropriate landscaping.
Space for recycling shah be provided in the interior of all principal or accessory
structures.
There shall not be underdeveloped backsides of buildings. All elevations shall receive
nearly equal treatment and visual qualities.
10.
The materials and colors used for each building shall be selected in context with the
adjacent building and provide for a harmonious integration with them. Extreme
variations between buildings on the same street in terms of overall appearance, bulk and
height, setbacks and colors shall be prohibited.
11.
Slope roof elements shall be incorporated in all structures: Sector I - minimum 70
percent of roof area shall be sloped, Sector II - minimum of. 70 percent of the roof area
shall be sloped, Sector IH - minimum of 30 percent of the roof area shall be sloped, and
Sector IV - minimum of 70 percent of the roof area shall be sloped. An exception to this
requirement are roof areas designed for human use such as decks, garden areas, patios,
etc., which will not be counted towards fiat roof area.
12. The following design elements should be incorporated into individual structures:
Building Accenttt
Towers, silos, arches, columns, bosses, tiling, cloisters, colonnades, buttresses, loggias,
marquees, minarets, portals, reve~s, quoins, clerestories, pilasters.
Roof T3~.
Barrow, dome, gable, hip, flat.
Roof Accents
Cupolas, cornices, belfries, turrets, pinnacles, look-outs, gargoyles, parapets, lanterns.
Accent elements such as towers, tun'ets, spires, etc., shall be excluded from the sector
building height limitation.
Window T~L~_
Bay, single parted, multi-parted, angular, square, rectangular, half-round, round, italianate.
Window Accents
Plant boxes, shutters, balconies, decks, grates, canopies, awnings, recesses, embrasures,
arches, lunettes.
13.
Street level windows shall be provided for a minimum of 50 percent of the ground level
wall area.
Site L~dscaping and Screening
le
All buffer landscaping, ind. d;.E boulevard landscapinE, includ~ in Phase I shall be
installed when the grading of the phase is _completed. This may well result in landscaping
being required ahead of individual site plan approva~ but we believe the buffer yard and
boulevard plantings, in' particular, need to be established immeai~ly. In addition, to
areas shall be screened. Each lot for devel~ shall submit a separate landscaping
plan as a part of the site plan revi~ process.
All open spaces and non-parking lot surfaces, except for plaza areas, shall be landscaped,
mckscaped, or covered with plantings and/or lawn mst,'dal. Tree wells shall be included
in pedestrian areas and plazas.
3. Storage of material outdoors is prohibited.
Undulating or angular berms 3' to 5' in heigh~ south of I-Iighway :5 and along Market'
Boulevard shall be sodded or seeded at the conclusion ofgra_a;,g and utility constmcfio~
The required buffer landscaping may be installed where it is deemed necessary to screen any
proposed development. All required boulevard landscaping shall be'sodded.
Loading areas shall be screened from public right-of-ways. Wing wails may be required
where deemed appropriate,
6. Native spedes shall be incorporated into dte landscaping, whenever possible.
lo
One project identification sign shall be permitted for the development at each cad of Lake
Drive and at the south end of Main Street. Project identification sign(s) may also be
located at the entrances to the development(s) in Sector IV. Project identification signs
shall not exceed 24 square feet in sign display area nor be greater than five feet in height.
One project identification sign, with a maximum height of 20 feet, which may be
increased in height subject to city approval based on the design and scale of the sign,
designed as a gateway to the project shall be located at the north end of Main Street
Individual lots are not penni~ low profile ground business sign. Within Sector III:
one sign for the church and one sign for the school my be placed on streetscape
walls. The top of the signs shall not extend more than eight feet above the ground
and the total sign area for the signs shall not exceed 64 square feet. Pylon si?s are
pmtu'bited. The sign treatment is an element of the architecUn-e and thus should reflect
the quality of the development. The si?s should be consiste~ in color, size, and material
and height throughout the development. A common theme will be introduced at the
development's entrance monument and will be used throughout.
All signs require a separate sign permit.
·
Wall business signs shall comply with the city's sign ordinance for the central business
district for determination of maximum sign area. Wall signs may be permi~ on the
"street" front and pdnuu3r parking lot fi'ont of each building.
Projecting signs are permitted along Main Street and Lake Drive and along pedestrian
passageways subject to the conditions below.
Signage Plan and Restrictions
Wall Signs
Ii
The location of letters and loges shall be restricted to the approved building sign bands,
thc tops of which shall not extend greater than 20 feet above thc ground. In Sector H,
sign height may be increase based on the criteria that the signage is compatible with and
complementary to the building architecture and design. The letters and loges shall be
restricted to a max/mum of 30 inches in height. All individual letters and loges comprising
each sign shall be constructed of wood, metal, or translucent facing.
· .
If illuminated, individual dimensional letters and loges comprising each sign may be any
of thc following:
a. Exposed neon/fiber optic,
b. Open channel with exposed neon,
c. Channel Letters with acrylic facing,
d. Reverse channel letters (halo lighted), or
e. Externally illuminated by separate lighting source.
m
Tenant signage shall consist of store identification only. Copy is restricted to the tenant's
proper name and major product or service offered. Corporate loges, emblems and similar
identifying devices are permitted provided they are confined within the signage band and
do not occupy more than 1 $% of the sign area unless the Ibgo is the sign.
Within Sector II, architecturally, building-integrated panel tenant/logo sign may be.
permitted based on criteria that the signage is compatible with and complementary to the
building design and architecture.
5. Back lit awnings are prohibited.
Pro~ecting $i~ms
1. The letters and loges shall be restricted to the approved building sign area.
2.
All wooden signs shall be sandblasted and letters shall be an integral part of the
building's architecture.
6.
Signage shall consist of store identification only. Copy is restricted to the tenant's proper
name and major product or service offered and such ~ messages such as date of
establishment of business. Coxpoxate logos, emblems and similar identifying devices are
si~n and do not occupy more than fifteen (lb') percent ofthe sign d/splay area.
Projectin~ si?s shall be slationary, may not be self-illumln~t_e4 but may be li~ by
sm-face mounted fixtures located on the sign or the adjacent facade.
Projecting signs shall be limited to one per tenant on street frontage and pedest~m
passageway and my not exceed six square feet Leuers shall have a maximum height of
12 inches.
Projecting signs shall be a minimum of eight fee~ above the sidewalk and shall not project
more than six feet from the building facade.
Plastic, plexi-glass, clear pier,, or similar material projecting signs are proln'bited unless
used in conjunction with other decorative materials.
Projecting signs may be painted, prefinished, or utiliTe exposed metal. Any exposed
metal shall be anodized aluminum, stainless steel, titanium, bronze, or other similar non-
corrosive or ono-oxidizing materials.
Window Sim~s
_
le
Window signs shall not cover more than 25 pexcent of the window area in which they are
located.
2. Window si~o~.~ shall not use bright, garish, or neon paint, tape, chalk, or paper.
Menu Simms
le
Shall be located at eye level adjacent to tenant entries and shall not exceed 4 feet in
Shall be used only to convey daily specials, menus and offerings and shall be wood
framed chalkboard and/or elec~nic board with temporary handwritten lettering. No
paper construction or messages will be permitted.
3. Menu signs shall be limited to one per tenant and may not exceed 8 square feet.
r~ive.rlagyS~~
Flags and banners shall be permitted on approved standards attached to the building
facade and on standards attached to pedes~ area lighting.
Plastic flags and banners are p.rohibited.
e
Flags and banners shall be constructed of fabric.
Banners shall not contain advertising for individual users, businesses, services, or
products.
e
Flags and banners shall project from buildings a maximum of two feet.
Flags and banners shall have a maximum area of 10 square feet.
Flags and banners which are tom or excessively worn shall be removed at the request of
the city.
Building Directory_.
In multi-tenant buildings, one building directory sign may be permitted. The directory
sign shall not exceed eight square feet.
Pole Directory_ Sign
Pole directory signs consisting of single poles with individual nameplate type directional
arrows may be located within the development. .
Pole directory sign shall not exceed 15 feet in height.
3. Directory signs shall be a minimum of eight feet above the sidewalk.
A maximum of eight directory signs may be provided per pole.
The maximum size of an individual sign shall be 18 inches long by four inches wide.
6. Poles shall be a minimum of 10 feet behind the curb.
h. Lighting
lm
LighIing for thc interior of thc business center should be consistent throughout the
development. The plans do not provide for street lighting. As with previous
developments, the City has required the developer to inmll street li~ts ~ut the
A shoe box fixture (high pressure sodium vapor lamps) with ~ve natuntl colored
pole shall be used throu~ut the development parking tot area for lighting. Decorative,
pedestrian scale lighting shall be used in plaza and si~ areas and may be used in
parking lot areas.
Lishting equipment similar to what is mounted in the public street right-of-ways shall be
used in thc private areas.
All 1/ght fixtures shall be shielded. Light level far site lighting shall be no more than 1/2
candle at the project perimeter propexly line. This does not apply to street lighting.
..
Light poles shall be limited to a height of 20 feet~
L Parking
le
Parking shall be provided based on the shared usc of surface pafldng areas whenever
possible. Cross access 'easements and the joint use of parking facilities shall be protected
by a recorded instrument acceptable to the city.
A minimum of 75 percent of a building'sparking shall be located to the "rear" of the
The development shall be treated as a integrated shopping center and provide a minimnm
of one space per 200 square feet of commercial/retail area. The office/personal service
component shall be treated as an integrated office building and provide 4.//space per
1,000 square feet for the first 49,999 square. feet, four per thousand square feet for the
second 50,000 square feet, and 3.5 per thousand square feet thereafter. Resi~ uses
shall provide 1.$ spaces per unit as underground parking with visitor spaces provided. as
part of tho commer~ial/offic~ U80S. Within sector IV, visitor parking shall be provided at
a rate of 0.5 stalls per unit. Hotel/motels shall comply with city ordinance.
Churche~schools shall comply with city ordinance, however, a minimum of 50 pcwent of
the parking shall be shared.
v M,,,.,'~'.,,,~ Jl 'f: "(') ..... Jl
VILLAGES ON THE PONDS
Amerlclnn
I
rode. 4-
....
15,000 sq.ft, retail
Peddler Cyclery
Foss Swim School
"'" St-. ~ubert, .~,~
~ Catholic Community
.,
i
Lake Susan APartment Homes
Bldg. 17 - 2 story ;
30.000 sq. ft. office
I
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·
Minnesota Department of Transportation
Metropolitan Division
Waters Edge
1500 West County Road B2
Roseville, MN 55113
Suly 11,2001
jUL i ..
Mr. Robert Generous, Senior Planner
City of Chanhassen
690 City Center Drive
Post Office Box 147
Chanhassen, Minnesota 55317
Subject:
Culver's Restaurant--Mn/DOT Review ~S01-042
South of Trunk Highway 5 mad West of Great Plains Boulevard
Chanhassen, Carver County
Control Section 1002
Dear Mr. Generous:
The Minnesota Department of Transportation (Mn/DOT) has reviewed the above referenced site
plan. Before any further development, please address the following issues:
For your information, Mn/DOT has access control along Trunk Highway 5. The plan does not
adequately identify Trunk Highway 5 right of way. The plan should identify and label
Mn/DOT right of way using three dash symbology and show the distance from the center line
of Trunk Highway 5 to the edge of the plat. Please note that the legends on sheets C-I, C-2
and C-3 should be revised to show the three dash symbology instead of the two dash that is
currently used. Also, a north arrow should be added to sheet L-1. Please direct questions
concerning these issues to John Isackson in our Right of Way section at (651) 582-1273.
The proposed development will need to maintain existing drainage rates (i.e., the rate at
which storm water is discharged from the site must not increase). The City or project
developer will need to submit before/after hydraulic computations for both 10 and 100 year
rainfall events verifying that all existing drainage patterns and systems affecting Mn/DOT
fight of way will be perpetuated. Please direct ques'dons concerning these issues to Benjamin
Timerson (651-634-2399) of Mn/DOT's Water Resources section. A Mn/DOT drainage
permit may be required. Please direct questions regarding permit applications to Keith Van
Wagner (651-582-1443) of Mn/DOT's Permits section.
For your information, proposed Lake Drive is located to the north of City of Chanhassen
Municipal State Aid Route #107 and to the south of City of Chanhassen Municipal State Aid
Route #119. Any work on a MSA route must meet State Aid rules and policies. Also, the City
must review any changes to its Municipal State Aid system so that they stay within its system
limitations. You may obtain additional information regarding State Aid rules and policies in
any of the following ways:
http://www.dot.state.mn.us/stateaid/shows or has links to the applicable forms and the
Mn/DOT State Aid Manual.
Refer to the Mn/DOT State Aid Manual, Chapter 5-892.200 for information regarding
standards and policies.
An equal opportunity employer
Please go to http'J/www.~isor, leg.state.mn.us/arule/8820/for information regnrding
State Aid Operatiom Rules Chapter 8820.
For driveway staudards, the designer is d/rected to refer to ~ Mn/IXYF Road Design
Manual (English) Table 5-3.04A and Figure 5-3.04A for guidance and policies.
special permission of the Commissioner of Transpomtion or designee.
Please contact Jim Deeny in our Stste Aid section at (651) 582-1389 with any additional
questions.
Please address all future correspondence for develoinnent activity such as plats, site phns,
environmental reviews, and comprehensive plan amendments to:
Paul CZech
Mn/DOT - Metro Division
Waters F. xtge
1500 West County Road B-2
Roseville, Mirmesota 55113
Mn/DOT document submittal guidelines require three (3) complete copies of plats' and two (2)
copies of other review documents including site plans. Failure to provide three (3) copies of a
plat and/or two (2) copies of other review documcnts will make a submittal incomplete and delay
Mn/DOT's review and response to development proposals. We appreciate your anticipated
cooperation in providing the necessary number of copies, as this will prevent us-from having to
delay and/or return incomplete submittals.
Feel free to contact me at (651) 582-1378 if you should have any questions.
Sincerely,
Senior Transportation Planner
John Freemyer, Carver County Surveyor
Roger Gustafson, Carver County Engineer
John Oliver & Associates
Mn/DOT Division File C.S. 1907
Mn/DOT LGL- Invcr Grove Heights
Cf i
July 24, 2001
Lotus Realty
P. O. Box 235
Chanhassen, MN 55317
Attention:
Subje~t:
Vemelle Clayton
Culver's - Chanhassen
Drive-Thru Traffic & Slacking
RECEIVE
JUL 2 F 2001
CITY OF
Dear Vemelle:
This letter Is in response to our phone conversation on this date and the questions that
have come up or been anticipated about traffic counls and stacking space for the proposed
Culver's of Chanhassen. Let me explain the numbers'on the chart labeled 'Projected
Cars/Hour." The numbers In the gray background are total trans~icflons, while spaces are
drive-thru transactions, and blue spaces are the total cam In that hour. For example,
Monday from 10:00- '11:00 AM generated the following:
Total transactions... 17
Drive-Thru Transactions... 7
Total Cars... 15
This means that of the 17 Iotal Iransacfions, 7 were al the drive-thru and the remaining 10
were at the counter. The 7 drive-thru transactions would generate 7 cars and the 10
counter transactions would generate 8 cars for a total of 15 cam for that hour.
It is imporlant to point out the"cook-to-order" restaurants such as Culvefs have a totally
different sales pattern than pure 'quick service" reslaurants such as Wendy's, McDonald's,
and Burger King. These chains typically do 60% or more of their sales at the drive-thru
window. That number reduces to 35% - 40% for a Culver's.
Stack space Is often an issue with no "scientific" answer. I can only tell you lhat we have
many (over 100) restaurants with similar layouts and they work. I called the restaurants at
Grayslake, IL and Shakopee, MN today and asked them if the cars at drive-thru backed up
Into the parking area. Both. answered no. Grayslake (one of the busiest stores in our
system) can stack 12 cars; Shakopee can stack 10. That number includes cars in Ihs
order waiting stalls. Our proposed slte can stack 12 (see attached drawing).
Vernelle, I hope thls answers the questions at hand, Please pass this inforrnation and a
copy of this letter to the appropriate people at city hall. Please cell if there are any mote
questions.
Thomas A. Williams
Director of Design Sen/ices
Culver Franchising System, Inc.
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C:ulvcr Franchising .%ysrem, Inc.
August 22, 2001
To:
City of Chanhaesen
Subject:
Culver's Drive-Thru Speaker System
Sound level measurements
# of pages: 2 including this transmiffal
Bob:
affached is a schematic drawing that shows our drive-thru speaker post
and graphically depicts some of our sound control strategies. Also
included on that drawing are a series of sou'nd meter readings taken at the'
Sauk City restaurant yeste.rday. As you can see, the speaker contributed
from 2 to 4 dba above the sound of the car at idle. Measurements were
taken 20' from the speaker face. The 61 dba sound level Is approximately
6 dba above bacl~round noise. Since we lose 6 dba each time we
double the distance, our speaker should not be audible at anything past a
40' distance. This assumes approximately the same level of background
noise.
.
! hope this fax is readable and Is what you are looking for. If you have any
problems or questions, i can be reached at 608-844-2116.
Thomas A. Williams
Director of Design Services
Culver Franchising S. ystcm, Inc.
540 Veh~r .',;croci Pc, Hrle du S;ac,v,r'uconsin 5357f~ Phone: 608.643.7980 Fex: (-~q8.(-~43.7982 www. culvcrs.com
FROM~: CFSI
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FAX NO. : 6,188 643 '7982
P,~9. 22 2E~l E~:5'?RJ"I P2
MEASURED DBA AT
12' FROM SPEAKER FACE
SOUND MEAgUREMENTS AT 20' FROM SPEAKER
BA~KQROL~D
.
IC, ONS'rANT
SPEAK~ ACTn/E
68dba 81 dba
57 dba ~0 ~
6~dbA tit
5"/d~ 81dba
~SdbA $1 dba
60dba 62dba
59 dba 81 dba
'80UND MEASUREMENT8 TAKEN ON 8-21-01 AT
8AUK cn¥~ WISCONSIN. 217 SEPARATION WAS ALL
PAVED PARKING. ADDITIONAL DAMPENING
SHOULD BE REN. IZF. D FROM LANDSCAPING. '
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SCHEMATIC CROSS SECTION DRIVE-THRU
Plantings at back of building break up reflected noise
Speaker post mounted next to curb - minimizes required volume.
Car is the first line of noise containment- most d sound directed
into car interior.
Landscaping surfaces absorb sound energy as well as providing
visual screen.
Sound energy disipates with distance. Each doubling
of distance reduces sound by 6 dbA.
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 4, 2001 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL: Conditional Use Permit and
Site Plan Review
APPLICANT: Wayne Riser & Associates
LOCATION: Lot 1, Block 1, Villages on the
Ponds 2nd Addition
NOTICE: You are Invitad to attend a public headng about a proposal In your area. The applicant, Wayne Riser &
Associates, Is requesting a conditional use permit to allow a drive thru window and site plan review for a 4,768 sq.
ft. Culver's Restaurant to be located on Lot 1, Block 1, Villages on the Ponds 2nd Addition.
What Happens at the Meeting: The purpose of this public hearing Is to Inform you about the applicant's
request and to obtain Input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public heating is closed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Bob at 937-1900 ext. 141. If you choose to submit written comments, It Is helpful to have one
copy to the department In advance of the meeting. ' Staff will provide copies to the Commission.
Notice of this public hearing has bean published In the Chanhassen Villager on August 23, 2001.
State
AMERICAN LEGION-CHAN POST 580
7995 GREAT PLAINS BLVD
C~IANI-IASSEN MN 55317
WARM WATER POOLS LLC
7304 ONTARIO BLVD
EDEN PRAIRIE MN 55346
CITY OF CHANHA~~
C70 SCOTT B~mO BOX 147
CHR/qHASSEN MN 55317
GREGORY D & MARY A LARSEN
8151 GRANDVIEW RD
CHANHASSEN MN 55317
AUSMAR DEVELOPMENT CO LLC
C/O LOTUS REALTY PO BOX 235
CHANHASSEN MN 55317
CHANHASSEN INN
531 79TH ST W
CHANHASSEN
MN 55317
CITY OF CHANHASSEN
C/O SCOTT BOTC~____..0~OX 147
690 CITY CE2.~
~N MN 55317
NORTHCOTT COMPANY
250 EAST LAKE DR
CHANHASSEN MN
55317
CITY OF CHANHASSEN
C/O SCOTT BO~BOX 147
69O CITY C_,C~ DR
C~SEN MN' 55317
SILO I LLC
200 HWY 13W
BURNSVII J.R
MN 55337
CITY OF CHANHASSEN
C/O SCOTT BOTC~,~,O BOX 147
690 CITY C~.~I~-L:~R~R
CHOSEN MN 55317
AUSMAR DEVELOPMENT CO LLC
C/O LOTUS KEALTY~.,,,P.D-B'OX 235
CH~ MN 55317
CITY OF CHANHASSEN
C70 SCOTT BOTC~[EOBOX 147
690 CI~I~PL~DR .
C~ASSEN MN 55317
WHEATSTONE RESTAURANT GROUP
250 EAST LAKE DR
CHANHASSEN MN 55317
ROBERT J & LOIS A SAVARD
8080 MARSH DR
CHANHASSEN MN 55317
AUSMAR DEVELOPMENT CO LLC
C/O LOTUS RE--OX 235
CH~ MN 55.317
TODD R & KELLY O WALKER
8090 MARSH DR
CHANHASSEN MN 55317
AUSMAR DEVELOPMENT CO LLC
MARTIN $ & TrMAREE FAJDETICH
8100 MARSH DR
CHANHASSEN MN 55317
HOLIDAY STATION STORES INC
4567 80TH ST W
BLOOMINGTON MN 55437
BLUE CIRCLEINVESTMENTCO
STE 301
1304MEDICINELAKEDR
PLYMOUTH MN 55441
MICHAEL E RAMSEY
6362 OXBOW BND
CHANHASSEN MN
55317
nenson
From:
Sent:
To:
Subject:
Engelhardt, Karen
Tuesday, September 04, 2001 8:40 AM
Aanenson, Kate
FW: Message for Mayor Linda Jansen
..... Original Message .....
From: DCPetty~aol.com [mailto:DCPetty~aol.com]
Sent: Thursday, August 30, 2001 9:18 AM
To: choffmgr~ci.chanhassen.mn.us
Subject: Message for Mayor Linda Jansen
August 30, 2001
Mayor Jansen,
I’mwriting you in regards to the planned development of the
Culver’s Restaurant on the Ponds near St. Hubert’s Church
and the approval of the drive-thru design in contradiction to the
pedestrian friendly style that was planned for the Ponds development. I
must first admit that I have very limited knowledge of the project,
based on my brief review of the article in last weeks Villager, and my
complete lack of involvement in the Council meetings where the topic was
reviewed. However, I feel obligated to let you know what I think about
this and what I’m now going to do about it. As a side note, I
personally like the Culver's product and expect to frequent their
business. I believe they are well run, so this is not about Culver's,
per say.
My issue revolves around the modifications of the original plans for the
overall Ponds development and continued erosion of. our downtown’s
personality to nothing more than a corporate fast-food and retail
dumping ground that will be with us long after the developers are gone.
To the average citizen it looks like Lotus Development gained agreement
on the area a short time ago with great fanfare and commitment to the
integrity of the community, while laughing all the way to the bank on
over aggressive timelines and projections. Now, as a brief downturn in
the economy occurs and their commitment weakens, the community takes on
the burden while they balance their budget on our resources. Further, it
makes me think they had no real commitment to the integrity, but simply
wanted to get the original project started and then believed they could
“adjust” once we were on the hook. Trust me when I say that
I am a strong conservative and understand their rights to use their
property in anyway they see fit, however, when they originally gained
commitment on a design and then changed that plan after the fact, we do
have a interest to uphold. Further, significant public monies are in use
here with roads, utilities, etc.
This is just an isolated incident, but I have seen this type of
compromise go on all over Chanhassen. As an ex?m?le, I think the
Perkins/Taco Bell/Leeann Chin complex is a disgrace, and at the time, it
was believed that we had to compromise to their standards and welcome
this pillar of progress into our community. Every time I drive by Maple
Grove I see differently as I look at the brick Taco Bell structure
matched nicely with the Byerly’s complex and a much nicer looking
development. Frankly, I believe our council did not demand enough of
businesses coming into our community and do not realize the gem we have
and instead give it away to all seeking to profit. If we demand more we
will get more, but their job is to negotiate to their benefit, not ours.
As a community, why would we employ senior planners and then ignore
their recommendations once we get to implementation, solely for the
benefit of a select few. If an outsider came into Chanhassen it would
look like a conglomeration of building styles and fad businesses focused
on the success of corporate oDDortunists, not a well Dlanned community
with a goal of truly long-term value to the Chanhassen citizens. Go
drive by the intersection and Eden Prairie Road and Hwy. 212 and tell me
the city planners intended it to look like that, as they made Dlans 15
years ago. I believe not, but that is exactly where Chanhassen is
headed.
After all this, I’d like to get to my request. I want to know how
I can stop the drive-thru portion of the restaurant design and instead
stick with the pedestrian design plans for all buildings in the area,
and how you can help me in this effort.
Thank you for your time and I look forward to hearing from' you.
David Petty
8583 Drake Court
Chanhassen, MN 55317
952.844.4779 - Work
952.975.5922 – Home
Planning Commission Meeting - Septe~ 4, 2001
13. Stockpile shall not exceed 11,000 cubic yards or an elevation of 997.
14. The applicant is encouraged to use a haul route staying within Arboretum Business Park,
avoiding Highway 41 and Highway 5.
All voted in favor, except Sacchet who opposed, and the motion carried with a vote of 4 to 1.
Blackowiak: And comm~n~ as stated earlier7
Sacchet: ...that the east side is...
PUBLIC HEARING:
CONSIDER THE REQI~ST FOR A CO~a~m0NAL USE PERMIT FOR A DRIVE THROUGH
WINDOW AND SITE PLAN REVIE'~ FOR A 4~768 SOUARE FOOT CULVER'S
RESTA~ AT 450 POND PRQMEN~ LOT 1. BLOCK 1. VILLAGES ON ~ POND~
2 wAY aI$ R ANO ASSOCIATES.
Public Present:
Name Address
Robert Savard 8080 Marsh Drive
Wayne Riser 13500 James Avenue, Bumsville, MN 55337
Vemelle Clayton 422 Santa Fe Circle
Mark Clarey Northco~ Company
Bob Generous presented the staff report on this item.
Blackowiak: Commissioners, do you have any questions of staff7 Okay...
Kind: ...talk about the roof is made of...standing seam metal.., is that a darker blue than a typical
prototype building?
Generous: I'm not certain...
Wayne Riser: That is the.
Kind: That is it?
Wayne Riser: Yeah.
Kind: Okay. Other questions, staff recommendation on page 12, number 4. The condition talks about
the drive through window approved only for a restaurant use that custom prepares foods at the time of the
order. My experience is that the Culver's in Navarre, I know people who call their order in...then go
through the drive through windows to pick up their order. Are we prohibiting that?
Generous: No. Because they don't start the preparation until the order...
11
Planning Commission Meeting - September 4, 2001
Kind: Okay...
Sacchet: Yeah, I have a couple questions. I don't know whether you can answer them Bob or if that's
something for the applicant. As I drive past...
Generous: I would prefer the applicant...
Sacchet: I want to know from the applicant why...that's that little line sticking out there. That little
knob in the curve.
Generous: That's correct. In the northwest comer of the building.
Sacehet: Northwest comer... Drive through window. You mentioned that drive through windows are
added and I was looking at the elevation, it looks like one of these windows is actually in the storage
room. Is that a real window? Because the floorplan doesn't retie, et a window. At least they don't
correspond. I mean here we have one big one and two small ones...
Generous: It's my understanding that there...that's the intent at least.
Sacchet: Well we'll ask the applicant about that one. The patio by that...little sidewalk coming out there
that goes across and exits from the drive through lane, does that... ?
Generous: Yes.
Sacchet: And the sidewalk basically sloping around, on the west side. Alright. One thing I'm still kind
of straggling with. As much as I like custard, we have this PUD and in all due respect, have this PUD
that says pedestrian friendly. No drive through windows and now we make an exception, which very
mueh...custard but isn't it kind of spot zoning? Making a special accommodation...
Generous: This is a planned unit development.., the original zoning, none of this would have been...
Sacehet: So being a PUD we have this flexibility...okay. So condition starting with your condition 6
came out so...flared end, I don't need to know... What's the difference between condition 10 and 167
Generous: Not much.
Sacchet: Not much, okay. That's it. Thank you.
B lackowiak: Okay. Rich.
Slagle: Well I don't think it's a secret to those that were here last meeting that we had this subject as to
how I stood... I'd love a Culver's, just not excited about a drive through. City Council approving that
location as the only location to permitting one and come back with a conditional use permit here. I have
to be honest with you and say that I still have questions and it revolves around some of the conditions
that staff has listed on it in the first place. The second one, the site plan I should say I have no issue with.
Conditional use permit, condition 1 is the drive through shall provide sufficient stacking to assure that
traffic is not backed into parking lot drive aisles. I'm going...further and throw out line of cars waiting
to even get into what I will call the Culver's area. From either the east or the southwest. And my
question is, what kind of data are we...this whether it's appropriate to have that number stacked or not?
12
Planning Commission Meeting - September 4, 2001
Fmjust curious. I'm sure there's a good answer. And there on the fifth one, trip generations for any
restaurant use on the site shall be within 20% of the average trip generation rates shown for a high
turnover, sit down restaurants in the Trip Gener~on 6~ Edition, Institute of Traffic Engineers. So that's
a lot to say so bear with me. But I guess I'm sitting here and trying to compare thin~rS, you know I've
been on this commission for just a short time. We've had other sites or applicants who have proposed
building in a location that actually generate traffic studies for a site and they...month ago. So my
question is, how are we arriving at what that traffic volume is going to be in order to ask the applicant to
come up with a way to assure us that it will be fine? And I know that they've worbxl through some of
this data and provided the average Culver's store, but I almost feel ~ there's no average Culver's store
location that is situated in such a tight radius with a Quizno's, with a Starbuck's, with a building...right
across from it, to the south of Starbuck's, and as I shared with Bob previous to the meeting, just as an
observation. I drove that today and as you come through where the curve will be, which I appreciate the
curve. I think it's a smart move, if you follow, and I don't know if Bob you can show on the map what
I'm referring to, but you drive down that street, and let's see if we can get it on here. You know what I'm
talking about Bob? You come down the curve, yeah. You're going right through there. There are
parking lots across from each other that if you have an Expedition or Suburban, Explorer, anything that' s
of some length, and they've back to hacL you do not have a lot of room to pass cars going both ways on
that street. ...the idea is to make it really tough to park and I almost...but what was the council thin~ng?
I mean seriously. I just tbini~ that it's common sense, because I'm afl'aid what's going to happen is this
great restaurant's going to be built and we'll all enjoy it, but it will be an absolute mess from a u-amc and
a pedestrian...and I hope I'm wrong. That's my concern so I guess I have to ask, where are you getiing
the traffic data to set these conditions for the Conditional Use Permit? That's all.
Mayor Jansen: And Madam Chair, if I might chime in here. I don't want to speak on behalf of the entire
council, and in fact maybe what we should do in the future when issues have been debated at the council
level, the minutes from that meeting should probably be attached to the staff report coming to the
commission so they can see all the individual comments. But we were provided the same traffic
generated numbers that you were, irrelevant to it being a Culver's. We were trying to st~ back and look
at this in the more generic f. ashion. If this were a drive through for a dry cleamer or there were a few
examples thrown out to us, that would have been lesser volume than a fast food restaurant. And the fast
food is what staff, when they originally looked at this PUD, that is what they were specifically trying to
avoid have happening in this particular development. They didn't want it to turn into a fast food mecca
of a comer. So as this was brought to us, we were given this same traffic grid showing that a fast food
restaurant would generate 3 times the traffic that this potential use would bring into this development.
There were council comments at the time to the community survey that was perf~ and our
community is telling us that they're looking for additional restaurants and services within ChanhasselL
Restaurants with sit down service in particular. It's our tmderstanding again, looking at more than the
generic numbers, that this is primarily a more pedestrian type of a location. It's not meant to be a fast
food drive through. You won't have the same traffic. We're looking at it as meeting the needs that our
community has now expressed to us through that community survey giving them one more alternative,
not adding to the congestion in that development to the extent that fast food would, but it does give them
the convenience of being able to opt to drive through or do a pick-up as Cxmamigsioner Kind's mentioned.
Being able to call in and pick up and drive through. We have so many families in Chanhassen that there
was a great deal of focus in a couple of the council people's comments about our families and being able
to have that sort of a convenience provided without having again the congestion of a fast food location on
that comer.
Slagle: Thank you. If I could just, as I respond to that. I understand exactly what you're saying. I guess
the question is...what is a definition of a fast food versus a Culver's, and I know that there's a desire to
13
Planning Commission Meeting - September 4, 2001
call this a hybrid what have you, and I would agree that the food is better than most fast foods, but I
would say there's a real fine line between fast food...
Mayor Jansen: And if I might add, that debate's occurred.
Slagle: I understand that.
Mayor Jansen: And now this site is allowed this use, and I can certainly appreciate your comments and
all of those comments did come to council and we were aware of some of the debates that had occurred at
this level as that came forward.
Slagle: Right, but is it not a fair question of staff to ask where the factual data is coming from other
than... The only thing that' s come forward, and that' s what staff is using, I understand that.
Mayor Jansen: That's whether this particular use meets the conditional use...
Slagle: Exactly, but how we come up with it...on the other side of the page.
Blackowiak: I guess I had a couple questions as well. Let me start with parking. We often have a
table.., required parking, etc. One of the conditions has the width of certain parking areas being
increased to 8 ½ feet. I'm wondering, do we have to do any type of calculation to determine if parking is
adequate or are we just relying on shared parking for the...restaurant?
Generous: That's correct. We're relying on the shared parking... If you look at this site, definitely
there's not enough room for Culver' s.
Blackowiak: Yes. Especially with increasing the width of.
Generous: Part of the Villages on the Ponds was each development comes in, they pay into a pool for
the...
Blackowiak: Okay, thank you. And then I hate to tromp on this trip generation thing but I've got a
couple questions too. One of the conditions, and I don't know which number, talks about, here we go.
Number 5 in the conditional use permit. Trip generations for any restaurant shall be within 20% of the
average trip generation rates, okay. Let's go to page 8 and we've got a table here and it talks about, we'll
take average daily. We've got an estimate of 621 for high turnover. 20% of that you've probably got
124, so I come up with 745. Culver's is showing at 771.2. Are my calculations correct? Are they within
or not within that average daily rate?
Saarm I can tell you how I came up with it... We took our 621 estimate, as you just mentioned. Divided
that by the 771, which Culver's provided to us and it comes up to I believe 80 some odd percent and then
take that from 100 percent gives you the 20. So we didn't take 20% of 621. We took 621 divided by 771
and that will leave.
Blackowiak: Why did you go that way? Because as I would read it...20% of all the average trip
generation rates, you start with the rate given. You start with your Trip Generation 6'h Edition rate and
add 20%. And say it doesn't fall in that 20% range. Is that fair?
Saamx Yep, I agree.
14
Planning Commission Meeting - September 4, 2001
Blackowiak: So in other words 621, add 124, you come up with 745 so it doesn't meet. P.m. peak, 92.
Adclroughly 18 to that you come up with 110. ltdoesn'tmeet. Saturday trips, 765. 20% ofthatis 151.
Comes up to 906. It doesn't meet that. What do we do? I me, an as I look at those nmnlx~, do you want
to relax standards? I mean what do we?
Sacchet: Could I make a suggestion?
Blackowialc Go right ahead.
Sacchet: We could possibly m-word it to calculate the way.staff calculates it, that they
calculate...through that reference point and that way it seems we're very close...
Blackowiak: Yeah, and if we relax the standards certainly we're going to get there. How about 25%7 I
just, I mean the way I read it...Okay, I don't have any questions at this time so would the applicant, their
designee like to make a presentation? Please come to the podium and state your name and address for the
Wayne Riser: Good evening. Wayne Riser...associates. I made the presentation I think Fretty much last
time so I think it's best right now to try and entertain questions. Who wants to maybe start?
Blackowiak: Rich, do you want to start? Uli...
Kind: Can you explain how this design that you're proposing for the Vilhges is different or better .than
your typical prototype Culver's store.
Wayne Riser: Yes I'd be happy to do that. Let's see. We'll start with the drive through side. The drive
through side of the facility you see that's the most controversial part of the building, and what we've
done, normally there's a sign over the drive through. We've taken the sign away from the drive through
and we've soften it. Put half a roof detail there. Normally if you look, part of it comes out farther.
Basically we've shorten that up considerably. Then the other features of the elexnents that we've added
to this one is that normally we have split face block. It will be pillars that you see them, and that'd be
EFIS pillars along there to break up the wall. And normally the top, it's a...we've changed that to an
EFIS. It's warmer.., and I think it's one of the nicer properties... And then also we've added a feature,
actually the back of the building, right here, which tums out to be the front of the building also. I
suppose it has two fronts. There's a back and a front. Together it faces I-~ghway 5 and that, if we look
down here, that is actually the back of the building. Normally it has...but we think there's some
interesting architectural elements in the back of the building. We've added the windows, these windows
are windows that you can't see in, but you can see out. Because our employees are...'And the same
would be tree with the office. Then as we go to the opposite of the drive through, that's the side facing
the present building to the east. Again we've added the architecuual elements, more columm. We've
also gone away from the standard awnings...an awning that gives more color details. Softens
your...straight awning. Part of the building, which is here...that is the same except for the columm and
the EFIS along the roof line. Does that pretty well explain that there?
Kind: Yes, but I have one more question.
Wayne Riser: Certainly.
15
Planning Commission Meeting - September 4, 2001
Kind: The storage window Uli brought up, will that be a functional window there7 ...footprint of your
floorplan, there's just one window shown there.
Wayne Riser: There's going to be two.., as it shows on this plan. One on each side.
Kind: And one will be, it looks to be, will be near the storage room.
Wayne Riser: Yes, and that will be only, you'll be able to see out but you won't be able to see in.
Kind: So the same type of windows on the exterior...
Wayne Riser: No, they'll all be the same.
Kind: How about at night7 If employees are taking a break in the break room and the light' s on, can you
see in at that time7
Wayne Riser: I can't answer that. I don't know. We've never done this before.
Kind: Not that it really matters. I was just curious.
Wayne Riser: Good question... That's a good question but I can't answer it.
Kind: On the elevation, the color renderings that we were given, I think the navy blue roof is beautiful,
but I'm getting the impression that it's really a quite bright roof... Would you consider darkening the
roof to this more navy?
Wayne Riser: We would.'..but I don't think we'd want to do that. We would darken that. Did you say
darker blue?
Kind: Yeah. A more of a navy blue. I think a bright blue roof it might be a little bright for this image
that we're looking at for. I think navy is quite handsome.
Wayne Riser: Yeah, we would darken it... That wouldn't be a problem on our part.
Kind: Okay...another question. I guess that's it.
Blackowiak: Any other questions of the applicant?
Sacchet: Yeah I had.
Wayne Riser: ...I think it does, we'll have to see what colors.
Kind: Oh I'm sure you can get it in any color you want.
Wayne Riser: Well not any but we'll request...
Sacchet: I have one question. You know that drive aisle double width.
Wayne Riser: Yes.
16
Planning Commission Meeting - September 4, 2001
Sacchet: So you want to allow your customers to escape...
Wayne Riser: That's part of how the stacking...because that allows them, if there is a problem...
Sometimes people drive in there and...I don't want to wait. FI1 go inside or...
Sacchet: So they can change their minds and decide...I was curious.
CFhere was a tape change at this point in the discussion. The audio portion of the remainder of the
meeting did not get picked up on the tape.)
Vemelle Clayton spoke on behalf of the developers of the Villages on the Ponds and expressed suplmrt
for the project. Debbie Lloyd spoke about concerns with the ~affic generated from this site. Bob Savard
stated his support for the project Mark Clarey, a representative from Northcott, stated his support for the
project as it related to the overall success of the Villages on the Ponds.
Chair Blackowiak stated she would like the letter received from Mr. David Petty be included in the
record to go to City Council. She then closed the public hearing portion on this item. Commissioners
gave their comments on the project and then made the following motions.
Kind moved, Sacchet seconded that the Planning Commi~ion recommends approval of the
Conditional Use Permit 02001-7 for a drive-through window subject to the following conditions:
The drive-through shall provide sufficient stacking to assure that traffic is not backed into the
parking lot aisles.
2. The loud speakers used for ordering shall be shielded so that noise is not heard off-site.
3. The drive-through shall be screened from off-site views.
J
The drive-through window is approved only for a restaurant use that custom prepares foods at the
time of order.
Trip generations for any restaurant use on the site shall be within 25 percent of the av .er~ trip
generation rates shown for a high turnover, sit down restaurant in the Trip Generation, 6
Edition, Institute of Traffic Engineers.
6. The applicant shall gather traffic counts from the Shakopee Culver's to pm.vide to the City
'.
All voted in favor, except Slagle who opposed, and the motion carried with a vote of 4 to 1.
Sacchet moved, Kind seconded that the Planning Commi~odon recommends approval of Site Plan
~001-7 as shown on plans prepared by John OHver & Associates, Inc., dated ~/1~/01, subject to
the following conditions:
An understory evergreen element shall be added to the northwest area of the property.
Evergreens should be 10-15 feet at maturity.
17
Planning Commission Meeting - September 4, 2001
.
.
.
.
e
.
,
10.
11.
12.
13.
14.
15.
16.
17.
18.
The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
All areas between paved areas and wetlands shall be revegetated per the planting plan that was
approved as a part of Villages on the Ponds.
All areas disturbed as a result of construction activities shall be immediately restored with seed
and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity
in accordance with the City's Best Management Practice Handboolc
The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e.
Carver County, Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,
Army Corps of Engineers and Minnesota Department of Transportation and comply with their
conditions of approval.
Submit storm sewer sizing design data for a 10-year, 24-hour storm event.
Add the following 2001 City Detail Plates to the detail sheet: 5203, 52.15, 5300, and 5302. Also,
show the most current revision of plate no. 3102.
Prior to building permit issuance, all plans must be prepared and signed by a professional civil
engineer registered in the State of Minnesota.
No building permits will be issued until the City receives as-built plans for the development.
Any off-site grading will require easements from the appropriate property owner(s).
Revise the western slope off of the drive through area to show either a maximum slope grade of
3' 1 or to install a retaining wall.
Some of the parking stalls are less than the minimum allowable width of 8.5 feet. These should
be revised as necessary.
Detailed occupancy related requirements cannot be reviewed until complete plans are submitted.
The utility plans will be reviewed during the permit process:
The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
The applicant shall eliminate the staking and wiring instruction detail in the landscape plan tiffed
"tree planting - guy wire".
All signs shall require a separate sign permit.
A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs,
bushes, Xcel Energy, US West Cable TV and transformer boxes. This is to ensure that the fire
18
Planning Commission Meeting - September 4, 2001
hydrant can be quickly located and safely operated by fuefighters. Pmmmnt to Chanhassen City
Ordinance ~9-1.
19.
tr~re lane signs and yellow curbing will be requirexL Contact Chanhassen true Marshal for exact
curbs to be painted and exact location of fire lane si~s. Pursuant to Chanhassen Fire
Department/Fire Prevention Division ~6-1991 and Section 904-1, 1997 Minnesota Uniform true
code.
20. A stop sign shall be installed at the exit of the drive through.
21. Add windows on the floor plan to Feflect the windows shown on the elevations.
22.
The applicant shall consider changing the color of the roof to be compatible with adjacent
buildings.
All voted in favor and the motion carried unanimously S to 0.
OLD & NEW BUSINESS:
Bob Generous asked that any commissioner not able to make it to the work session scheduled for October
16~ let Kate Aanenson know so that meeting could be rescheduled. It is very i ,mportant that all planning
commissioners be present.
APPROVAL OF bllNUTES: None.
Chair Blackowiak adjotlrned the Planning Commission meeting at 9:15 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
19
FROM : CFSI FAX NO. : 6B8 G43 ?982 S~p, 19 2001 10:45AM Pi
September 19, 2001
To:
City of Chanhassen
Attn: Bob Generous
Fax: 952-937-5739
Subject:
Traffic Counts - Shakopee, MN
Week of 9-10-01
# of pages: 6 Including this transmittal
Bob:
Here is the copy of the traffic study as requested by the plan commission.
As you can see, the actual counts are lower than those projected counts
that we provided earlier. This does not surprise me, as were looking at
peak summer traffic projections in a tourist area.
Please call If you have any questions (608-644-2116). Thank you for your
attention in this matter,
Thomas A. Williams
Director of Design Services
Culver Franchising System, Inc.
Cc: Vernelle Clayton
952-934-5472
: CFSI FAX ~. : ~ ~ ~ S~-~. 19 ~1 10:4F=~M
SEP-18-28B1 16:5-~ ~ 8, RSSOC. 95~ 2:~ 1671 P.B2/I~
~,,,
BENSHOOF & ASSOCIATES, INC.
10&17 EX[~.BIOR BOULEVARD, ~I,RT~*I~I~ I ~ I~1 ~BM81 ~ 2as.1a871 FAX ~ ~98..1671
· i~, ......... ~_ ..... i~ ~ ,,
MEMORANDUM
FJ~M:
~am. A. B Pul D. Kisplm
phnning for a proposed Culye~s r~tnnut in Clumb,.~ ~.
· Ali ~ ]~mrln~ nmi Ibdtln~ tho 8~ ~ Two-W~ Volnme)
· All TriCo Entertnf dm Site
· All ~ Extd~8 tho Sito
Ples~e ~ us tfyou havo &ny quosdonS ~ ~ ds~ or ~wo eon provide thy
~ ~ce.
FROM : CFSI
SEP-18-2001 l~: 5~
FAX NO. : 608 643 7982
BEh~HO0~ & RSSOC.
S~g. 19 2001 10:47AM P3
952 2~B l~T1 P, BB/B6
S~p. 19 ~E~I 10: 4S~M
P4
FROM : CFSI
16:55
FR× NO. : 608 643 7982
BS~-~OF&ASSOC.
S~p. i9 2~1 10: ,5~AM
PS
S~-~. 19 2~B1 10:Sl1:~1 P6
C1TYOF
690 Cig Cen~ Drive
PO Boo~147
~ Mb.~ota 55317
952.93Z1900
952.93Z5739
952.93Z9152
952.934.2524
,, ,une ci. ch~ ~ bauen, mn. us
MEMOI~UM
TO:
FROM:
DATE:
Todd Gerhardt, City Manager
Tm J. Burgess, Public Wor~ Dir~tor/City
September 18, 2001
SUB J:
Update on Trunk Highway 5 Road Construction Regarding Entrances
to the Lands~e Arboretum and Crimson Bay Neighborhood
Project No. 01-13
REQUESTED ACTION
None
DISCUSSION
·
.
The Minnesota Department of Tran~ortation has initiated plans to make
improvements to Trunk Highway 5 west of Tnmk Highway 41 to the Crim~n Bay
intersection_ ..
The intention of this project is to address safety issues at the Minnesota Arboretum
entrance. The City is not being asked to participate finandally in t~is project.
A copy of the pre~ layout is on file in the Engineer's Office and will be
presented to the City Council on September 24, 2001.
Chanha.ssen Fire Department Fire/Rescue Call Sheet d~ted Sept. 3 - 9, 2001:
Chanhassen Fire Department Fire/Rescue Call Sheet dated Sept. 10 - 16, 2001.
Thank you note to Chaah~ Water Depm'tment dated September 1, 2001.
SWCTC Membership Meeting Agenda for September 7, 2001.
Memo from SWCTC dated September 6, 2001.
Design -build. . .streamlining Mn/DOT's project 'delivery, dated September 7, 2001,
Development Plan Referral Agencies fi'om City of Chanhassen dated Sept. 5, 2001.
Letter to Deb Kind dated September 10, 2001.
Southwest Corridor Trans~on Coalition dated September 10, 2001.
Referendum questions.
Tues
Tues
Wed~
Thur~
Thurs'
Thurs
Fri
Sat
Sept 4
Sept 4
Sept 5
Sept 6
Sept 6
Sept 6
Sept 6
Sept 7
Sept 8
9:07 AM
10:20 PM
1:07 PM
8:27 AM
1:35'PM
3:31-PM
20:55 PM
9:27 AM
5:41 PM
CHANHASSEN Fn~E DEPARTMENT
FmF_/RESCUE
WEEK OF SEPTEMBER 3 - SEPTEMBER 9, 2001
West 78z Street
Barbar~ Court
Lake Riley Boulevard
Co. Rd 17 & Co. Rd 18
Highway 7 & Co. Rd 11
Stoughton Ave & Hwy 212
Acorn Lane
Nicholas Way
Stone Creek Drive
Medical- person down, unknown problem '
Medical - trouble breathing
Medical alarm, false aim'nh cancelled
Car accident with injuries
Car accident, cancelled, no injuries
Medical- unknown problem, cancelled
Medical - unknown problem --
Car fire -.
Oven f'Lre
Mort
Men
Tues
T~es
Tues
W~ls
Thurs
Fri
Fri
Sat
Su~
Sun
Sun
Sept 10 4:13 AM
Sept 10 6:28 PM
Sept 11 8:36 AM
Sept 11 8:55 AM
Sept 11 9:45 AM
Sept 11 12:24 PM
Sept 11 8:31 PM
Sept 12 8:38 AM
Sept 12 10:12 AM
Sept 12 7:25 PM
Sept 13 2:38 PM
Sept 14 1:30 PM
Sept 14 5:51 PM
Sept 14 11:41 PM
Sept 15 4:40 AM
Sept 15 2:46 PM
Sept 16 12:55 PM
Sept 16 3:59 PM
Sept 16 6:57 PM
CHANHASSEN FIRE DEPARTMENT -
FIRFdRESCUE
WEEK OF SE~ER 10 - SEFFEMBER 16, 2001
Pontiac Circle
Fox Hollow Drive
Powers Boulevard
Sandy Hook Drive
Mohawk Drive
Stratton Court
Me. Glynn Drive
Hesse Farm Road
Dartmouth Drive
West 78e" Street
Dakota Lane
Hwy 7 & Hwy 41
Snapdragon & Hopi Drive
Mulberry Circle
West 78~ Street
Highway 101 & I. zkota Ln
Hesse Farm Road
Bent Bow Trail
Medic, al - unknown problem
Medical-'head injury from a fall
Medical - trouble breathing
Medical - allergic l'ea~on
Fire alarm - false ~ no ~
Medical- trouble breathing
Fire alarm - false alarm, no fire
Fire alarm-false alarm, no fire
Fire alarm - false alarm, no fir~
Fire alarm - fidse alarm, no fire
Fire alarm - ~s~ almm, no fire
Medical- unknown problem
Car aeeidimt- eane~llod ~arout~
Smell of gas - unfounded
Medical - possible allergic reaction
Medical - person fell
Car accident- no injuries
Fire alarm- ~so alarm, no fir~
Smoke in wood pile
SWCTC
SOI. ITHWE~ CORRIDOR TRANSPORTATION COALFFION
MEMBERSHIP MEETING
Friday, September 7, 2001
7:30 a.m. - 9:30 a.m.
CHASKA CITY HALL
Council Chambers.
One City Hall Plaza
1. Funding and delivery of thc New Highway 212 corresponden~ (revised memo attached)
2. Projects update: TH 5 and thc New Highway 212 - Lezlie Vermillion, MnDOT Metro Division Area Manager
- Mark Pauek, MnDOT Metro Division Resident Engineer
e
Right-of-Way Purchase Update
- Keith Sister, MnDOT Metro Division Right-of-Way Mmmger
Design/Build presentation: The advantages of the design/build method for the'New Highway 212 - Paul Huston, MnI30T Design/Build Engineer
New Highway 212 Design Issues: Provision for reinforced bus shoulders
- Len Simleh, Southwest Metro Transit Executive Director
MnDOT IRC Study Update
- Sherry Naruslewlcz, MnDOT Metro Division Principal Transportation Planner
7. State Legislative Update- Area Legislators
8. Federal Legislative Update- Appropriations Bill
Other business
10. Adjourn.
Attachment
'Rob~rtJ. Undall,' I~resldent
SWCTC
SOUTHWEST CORRIDOR TRANSPORTATION COALITION
~ - I · · I i aaa i i
MEMO
TO:
FROM:
DATE:
SWCTC Membership
Robert Lindall, SWCTC President
September 6, 2001
Actions Impacting Funding'and Delivery of the New Highway 212-
The Southwest Corridor Transportation Coalition has continued to pursue completion of the New
Highway 212 project through Hennepin, Carver and McLeod Counties with efforts at the federal and state
levels. This memo is intended to update coalition members on recent activities related to the delivery and
construction of the New Highway 212.
The Coalition requested federal appropriations to complete the design of the project from Hennepin
County 4 through to the existing TH 212 at County Road 147 in Carver County. This process is currently
underway in Washington, D.C. and it appears that, while Congress may still commit some funding, it will be
less than the $5.2 million requested.
The 2001 Legislature passed a number of provisions that could impact the ability of the Minnesota
Department of Transportation to design and construct the next phases of the New Highway 212.
In terms of additional commitment of state funding to transportation, the legislature did not reach
agreement on any additional highway construction or maintenance funding for the state highway system beyon~
the inflationary growth of the highway trust fund which receives funding from the motor fuels tax and the motor
vehicle registration fee. Current funding provided in previous sessions was anticipated to leave the New
Highway 212 project with enough funding to complete the purchase of the required fight-of-way from
Hennepin County Road 4 to the existing TH 212 in Carver County by June 30, 2002. There is some question
about the availability of $15 rnillion from the Transportation Revolving Loan Fund due to changes in rules
relating to'the use of this fund as interpreted by the Department of Finance. The Attorney General has also
questioned the use of eminent domain to preserve fight-of-way for a project that is not scheduled for
construction until 2011 or later, as the New Highway 212 is currently scheduled. The redesign of the Bluff.
Creek interchange in Chanhassen has also raised questions about the amount of fight-of-way that will be needed
to accomplish the redesign.
A study of the TH 212 interregional corridor from 1-494 to the South Dakota border to identify
additional investment needs in the corridor is also currently underway. The study has determined that the
corridor is not currently operating at IRC levels. Studies are also planned for Norwood/Young America at
county road 134. No funding is currently committed to design or construction of the segments beyond
Hermepin County Road 4. The construction of this portion of the corridor is not included in the current 10-year
work plan contained in the MnDOT Metro Division Transportation System Plan (TSP).
·" - .... R~b~rtJ. Llnc~ali, President ............
470 Pillsbury Center, 200 South Sixth Street Minneapolis, MN 55402 · Phone: (612)337-9300 · FAX: (612)337-9310
SWCTC
SOUTHWEST CORRIDOR TRANSPORTATION COALmON
I~ I II I
MEMO- Actions Impacting Funding and Delivery of the New Highway 212
September 6, 2001
Page Two
Legislation passed by the legislature in 2001 did include design/build authority for MnDOT and
expanded the ability of MnDOT to advance funding for state highway projects, including a provision allowing
the department to also pay interest on loans made by local jurisdictions or others. These two provisions may
allow local governments impacted by the TH 212 corridor some additional tools to accelerae the consm~tion
of this project.
The design/build provision allows MnDOT an additional method of awarding a contract for
construction. Design/build allows a contractor to be~n a construction project while simultaneously completing
the design of the project, saving si~o~ificant time but not necessarily money over the traditional design, low bid,
build process option. Given the fact that the environmental work is essentially complete and the right-of-way
purchase should be complete by the end of this calendar year, this provision could be very helpful if the
legislature was to provide funding for this project in a future session.
The advance funding provision would allow local jurisdictions the ability to bond for
some aspects of the project including design or construction if they chose to accel~ the completion of the
project using local resources by contracting with MnDOT to repay the bonds including interest. If the
traditional design, low bid, build process was to be used for this project' local government might consider
bonding for the design of the next phases of the project and put these designs "on-thc~shelf' waiting state and/or
~ construction funding. If the design/build proce~ was used, design for some portion of the project
(usually 30%) would also allow construction to begin soon ai~ constmc~on funding becomes available. The
legislature imposed a li~it to the amo~t of advance funding that MnDOT can provide for construction projects
which may limit the department fi~om providing enough funding to go beyond design costs but, within those
limits, it may also be an option to actually begin construction-of parts of this project with local funds advanced
to MnDOT through this program.
There are, as always, some details to be worked out by MnDOT and others as to exactly how these
programs will be administered and project eligibility criteria to be adopted. Speakers at the September 7
meeting of the Coalition are expected to address these issues. MnDOT has also set aside $10 million in its
construction budget to fund desi~s for projects that could be delivered quickly if additional federal or state
funding became available.
Given all of these developments, I am rccommend~ that the Coalition aggressively pursue funding
from MnDOT's new design fund for a 30% design ofthe New Highway 212 project from Hennepin County 4 to
the existing TH 212 at Carver County 147. If ~ful in that request' the Coalition will continue to pursue
construction funding during the 2002 legislative se~ion and the n~xt reauthogzafion of the federal sm'face
transporm~on act crEA-21) in 2003. Local governments should consider ~2zncing the design through the
advance construction program if our application for funding through the MnDOT design set-aside program is
not successful. The option of advancing local funding for construction ofpart of this project would also be an
option at that time.
These issues will be considered in upcoming SWCTC membership meetings.
R~beaJ. Un-d~ll, President ....
470 Pillsbury Center, 200 South Sixth Street Minneapolis, MN 55402 * Phone: (612) 337-9300 * FAX: (6~2) 337-9310
Design -
build
... streamlining Mn/DOT's
project 'delivery.
Paul Huston, P.E.
Mn/DOT
Discussion Outline
· What is design-build?
· Why and when use a new tool?
· What is Mn/DOT doing with design-build?
Southwest Corridor Transportation Coalition
September 7, 2001
What is Design-Build?
Deslan - Bid- Build
Deslan - Buil(I
·
award
_,
;
t/me
savings
Traditional Model:
"design-bid-build"
!$ubcontractomI
'Engineering
: Con~ull~nt
Southwest Corridor Transportation Coalition
September 7, 2001
Alternative Model:
"design-build"
.j
i subcor~.ctor,l
I
~ Consultant
LDesign/BulMer I
I
Why and When?
Mn/DOT Strategic Objective #3
"...to modernize, ~treamllne, and txaoed/te th~ system by which
construction projects are processtd eom programming through
completion of construction," u,,/z3or'f -u~ ut~, -
~, Deliver projects quicker.
When should Mn/DOT use a different delivery tool?
· Time? (i.e., faster letli~ and/or completion)
· Complex or innovative project?
· Desire to short list?
· Reduced staffing?
Southwest Corridor Transportation Coalition
September 7, 2001
Challenges for all DOTs
Fewer state DOT
employees
More $$
Higher public
expectations
- More traffic, more
needs
- Get in, get out, stay out
Advantages of Design-Build -
(from Owner's Perspective)
· Single point of responsibility
· Potential for innovation
· Potential for time savings.
· Improved risk management
· Earlier knowledge of project costs
· Lower incidence of claims
· Reduced project administration
Southwest Corridor Transportation Coalition
September 7, 2001
Advantages of Design-Build
(from industry's Perspective)
· Showcase innogafi0n
· Coordinated approach
· Design to strengths
· Better scheduling
· More cost awareness
· Quicker decisions
What is Mn/DOT doing with.
design-build?
T.H. 14 - District 6
· What
- Grading, paving, bridge
- 2+ miles; $10+ million
· Why
- 2001 start; 2002 completion (vs. 2003)
· How
- Preliminary design: District 6
- RFP and provisions: I-IDR Engineering
Southwest Corridor Transportation Coalition
September 7, 2001
What is Mn/DOT doing with
design-build?
T.H. 100 in Metro Division
· ffrhat
- Grading, pay/nE, bridge
- 1 + milos; $17+ million
· Why
- 2002 start; 2003 completion (vs. 2004)
· ttOW
- Preliminary design: Metro and Parsons Brinckla'hoff
- RFP and proviaions: PB and HDR
o _
What is Mn/DOT doing with
design-build?
New D~-Build Law
· D~gn- Bid- Build
~ Desi~- Build Low Bid
· Design- Bm'kl Best Value
· Qu~i~ ~t
Previous Trunk HiEhwav Law
· Design- Bid- Build
- Net.dy sll projecis
- All Iow bid selection
- Two projects in 2001
- No short-listinS pcrmlUal
- No stipc~ pcnnJt~
Southwest Corridor Transportation Coalition
September 7, 2001
For more information...
Paul Huston, P.E.
Mu/DOT Design-Build Engineer
395 John Ireland Blvd, MS 670
(6~) 284-~6os
paul.huston(~dot.state.rnn, us
Southwest Corridor Transportation Coalition
September 7, 2001
City of Chanhassen
690 City Center Drive, P.O. Box 147
Chanhassen, ~ 55317
(952)937-1900
Date: 'September 5, 2001
To: Development Plan Referral Agencies
l:¥om: Planning Depot
By: Robert C~nerous, Senior Planner
Consider a request for an amendment to the Planned Unit Development to Villages on the Ponds to permit
four (4) story buildings with a ~ height of 55 feet for reaidential and three (3) stories with a
maximum height of 46 feet for retail/office and an ame~Imeot to determine a formula for conversion of
co~ial and office space to residential units and vice versa, Villages on the Ponds I, LI~ Lotus Realty
Planning Case:
95-2 PUD
The almve described application for approval of a land development proposal was filed with the Chanhassen Planning
Departmeat on September 4, 2001.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
apprecia~ your comments and recommendations concerning the i~ of this proposal on traffic circulati~ existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements f~ park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would Ii[re to have a written
report to this effect from the agency concerned so that we can make a recomnxmd~on to the Planning C. ommission and City
This application is scheduled for consideration by the Chanhassen Planning Commission on Tuesday, October 2 at 7:00 pa~x
in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later th~
September 21, 2001. You may also appear at the Planning Commi~ion meeting if you so desire. Your cooperation and
assistance is greatly appreciated.
City Depamnent~
City Engineer
City Attorney
c. City Park Director
~Building Official
Water Re.~urces Coordinator
g.F~
8. Telephone Company
(US West or Sprint)
9. Electric Company ..
(NSP or MN Valley)
10. Mediaeom Cable System
2. Watexshed District Engineer
11. U. S. lrrlsh and Wildlife
3. Sod Core,ration Service
4. MN DepL of Transportation
5. U.S. Army Corps of Engineers
12.
Z MN Dept. of Natural Resources
vlotlat
Attachment to Application ofVOP I re Villages on the Ponds
Page 1 of 2
The applicant is requesting two changes in the PUD ~ of record regarding the Villages
on the Ponds project. The requested changes and the reasons therefor are as follows:
1. A change at Subparagraph d, 3, of the Development Design Standards regarding the
maximum height of buildings for the purpose of accommoda~_i.g the Site Plan being proposed by
Presbyterian Homes.
The Presbyterian Homes project will be located on Outlot F which is within Sector I of the
Villages on the Ponds Project. The current lsn~ja_~e states with respect to Sector I that the
maximum building height shall be "three stories (with residemial loft)/50 ft. (retail and
buildings without residences above shall be limited to two storie.q30 feet)".
We are requesting that the following language be added: "except that within Outlot F of Sector
I, the maximum number of stories shall be 4 and the maximum height of buildings shall be 46
feet if3 stories and 55 feet if4 stories."
The Presbyterian Homes plan indicates a 4-story senior independent living building and a 3-story
assisted living building. The assisted living building will be L shaped and will front dong Lake.
Drive and Main Street. The first story along Lake Drive will have public-oriented retail type
uses and the second and third floors will be housing, but the third floor will not be the typical
loft referenc~,xl in the currem language. The independem living building will be loeated along
the western side of the site. A massing plan shows the relationship of the heights of the two
buildings to each other and the impact of the downward slope of the topography in the area of
the proposed 4-story building.
The requested heights reflect a measurement of 54' 9" from entry level to the roof ridge line for
the 4-story building and 45' 5" from the elevation of the entrance to the roof ridge line for the
3-story building. It should be noted, so that there is no misunderstanding, that the proposed
plans anticipate compliance with the requirement elsewhere in the PUD Agreement that all
residential uses have underground parking. The elevation drawings will therefore articulate a
10' exposure for the garage drive-in areas at one end cap of each building, with some sloping to
that level.
Due to the terrain on which the 4-story building will be located, its height will not appear to be
much greater than a 3-story building along Lake Drive. For that reason and for the reason that
the 4-story building will be located outside of what we call the Core Retail Area, the applicant
does not feel that the height will have any negative impact on the scale of the project. For those
reasons and because the activity which the Presbyterian Homes project will bring will be
beneficial to the project, we support the change. In addition, because the use and service to be
provided by Presbyterian Homes will be a benefit to the City as well, we urge approval of this
requested change.
Atmchmeat Pag~ 2 of 2
2. A change at Subl~agr~h d, 5, of the Development Design St~mda~ f~r the purpose of
clarifying the conversion f~r used to ~ the transfe~ce of uses. The basic f~rrrn~h
supply the proposed lnn~m~e.
O
HIGHWAY 5
00 0
IIIIIIIII
I~111111111111111~.~~'
IIIIIIIIIIIIIIll~
~o00 ~
,J
crrYOF
Mbomota 55317
952.937.1900
952.937.5739
September 10, 2001
Ms. Deb Kind
2351 Lukewood Drive
Chanhassen, MN 55317
Thank you for all your hard work in coordinating the 4"' of Suly parades. The
parades have blossomed and are a fun addition to the normal 4m of July
activities.
952.93Z9152
Bsil&'ng Depr~ent Fec
952.934.2524
We~ Site
As you are aware, the city and the parade committee have worked
cooperatively in securing funding through the general fund in the city's parks
and recreation budget. As part of our 2002 budget preparation, we were asked
'to submit recommended cuts. In looking ahead, this parade funding can no
longer continue. The decrease in state funding is forcing the city to "tighten
our belts" even further. Although it was a hard decision to make, the city has
recommended not to include the $8,000 to fund the parade in case of financial
shortfalls by the parade committee.' If the parade is to continue, the parade
committee will be responsible for securing funding for all aspects of the
parade. The city will be able to provide in-kind services $imil. ar to what has
been done in the past.
This decision was difficult to make, but the city is not in the position to cover
the parade expenses if n~ded. I wanted to inform you of this decision early
as you plan for the 2002 parade. Good luck to you and the rest of the parade
committee in discovering new fund sources.
If you have any questions, please call me at 937-1900 ext. 126.
Recreation Superintendent
JR:ns
Todd Gerhardt, City Manager
Todd Hoffman, Park and Recreation Director
SOUTHWEST CORRIDOR TRANSPORTATION COALITION
470 Pillsbury Center
Minneapolis, MN 55402
(612) 337-9300
(612) 337-9310 (Facsimile)
RECEIVED
SEP ! 2, ZOO1
CITY OF
September 10, 2001
VIA FACSIMII,E
651-296-3587
AND U.S. MAIl.
Commissioner Elwyn Tinklenberg
Minnesota Department of Transportation
Transportation Building
395 John Ireland Boulevard
St. Paul, MN 55155
Re: Use of Eminent Domain and Quick Take to Acquire Right of Way for New TH212
Dear Commissioner Tinklenberg:
As you know, the Southwest Corridor Transportation Coalition is comprised of 'units of
government, business people and individuals who support construction of New TH212 between
Interstate Highway 494 and existing TH212 at Carver County Road No. 147-and substantial
improvements from County Road 147 westward. For some time, our group has been urging
MnDOT to complete acquisition of the right of way required to complete this project because of
dramatically escalating values of land in the corridor. Simply put, the longer MnDOT waits to
acquire this fight of way the more expensive it will be. We are now advised that within 60 days
MnDOT should have completed making offers for all remaining parcels east of Trunk Highway 41
and should complete making all offers to County Road 147 by the end of June, 2001. Substantially
all right of way for the project has been acquired in Eden Prairie and Chaska. The principal
remaining parcels are in Chanhassen and Chaska Township, southwest of Chaska. The City of
Chaska has used RALF funds to acquire parcels for the project since the early 1990's. The dramatic
incr~se in land values can be well documented by the difference between the per acre prices paid
by the City of Chaska as compared with the appraised values now being experienc, ed.
Once an offer is made to an owner, if the offer is not acceptable, there needs to be a willingness by
the Commissioner to use eminent domain in order to bring the acquisition process to a productive
conclusion. With values increasing so dramatically and because most owners do not mediately
agree with MnDOT concerning the price they should be paid, there needs to be a willingness to use
legal proceedings to resolve the differences. Eminent domain is the long recognized and clearly
authorized means of bringing the dispute to a resolution.
We have recently been advised that the Attorney General's staff member representing your
department has recommended against the use of eminent domain procee~ngs to acquire properties
for the New TH212 project prior to construction being authorized in the TSP. We strongly urge that
RJL-202749vl
LN400-51
Letter to Commissioner Tinldenberg
September 10, 2001
Page 2
you use your discretion to direct the Attorney Geueml to proceed with eminent domain ~gs
in aCxlui~g these parcels. The following is a summary of reasons for our requesu
le
There has been substantial agreement on the location of New TH212 since the MnDOT
decision pursuant to the 1967 consultant study recomm~g "unique system D". The
Commissioner of MnDOT in 1970 announced the decision on the present corridor. The
only remaining issue in 1970 was whether the route would pass north of Lake Riley or south
of Lake Riley and that was decided in the late 1970s, in favor of the north of Lake. Riley
route.
e
.
w
The cities of Eden Prairie, (2hanhassen and Chaska have had the precise route of New
TH212 on their official maps since the late 1980s.
The environmental impact statement for New TH212 received federal approval in 1994.
Approximately 4 miles of New TH212 has already been substantially consu'ucted.
Many owners have been prevented by the official map from devoting their property to any
other use since the official map was adopted in the 1980s. Many of these owners are now
elderly and wishing to liquidate this asset in order to distribute their esta_te. MnDOT has
unfairly put their lives on hold for 12 or more years alregd, y and should not unnecessarily
extend that period.
MnDOT has already invested an estimated $100' million in construction, right of way
acquisition, design and environmental work in furtherance of the New TH212 project to
date.
7~
aA
e
MnDOT has invested significant staff time and consulting funds in the appraisal process
related to these parcels which will all be wasted if the appraisals are permitted to go stale
without advancing to condemnation at this time.
The Commissioner and Attorney General have previously used eminent domain to acq~
properties west of County Road 4 for thi.q segment of New TH212 (which is not-yet in the
TSP).
Many of the owners would waive objections to the use of eminent domain and quick take if
10.
11.
Land values are dramatically increasing in the area with the result that right of way
acquisition will be substantially more expensive if deferred one to ten years.
You have previously identified New TH212 as part of an inter-regional corridor. In
furtherance of this designation, District 8 has identified New TH212 as the number one
priority project for District 8 even though not located in District 8.
RJL-202749v 1
LN400-51
Letter to Commissioner Tinklenberg
September 10, 2001
Page 3
12.
Congress has previously identified New TH212 as being part of the National Highway
System and has funded some $15.9 million of federal appropriations to the project.
13.
Hennepin County, Carver County and the cities of Eden Prairie, Chanhassen and Chaska
have all previously demonstrated their strong support for the project by (a) entering into a
joint powers agreement to assist in funding the EIS, (b) entering into a letter of
understanding in which they agreed on the priority to be attached to acquiring right of way
for the project, and (c) annually contributing to the activities of the Southwest Corridor
Transportation Coalition in support of project construction.
14.
We submit that there can be no doubt that the lands proposed to be acquired by
condemnation for New TH212 are needed for the laying out of New TH212.
,
15.
In connection with the RALF Program, the legislature has specifically authorized use of
eminent domain to acquire right of way which is anticipated to be needed for a future
highway project.
16.
At least one owner is conferring with his attorney about the possibility of suing the
commissioner to compel commencement of eminent domain proceedings.
17.
As you know, my principal area of law practice is eminent domain, primarily on behalf of
condemning authorities. The Commissioner of Transportation has substantial discretion to
decide which property is necessary to be acquired, which discretion is.unlikely to be
overturned in court.
Minn. Stat. § 161.20 subd.2 provides:
...the Commissioner is authorized to acquire by purchase, gift, or by eminent
domain proceedings as provided by law, in fee or such lesser estate as the
Commissioner deems necessary, all lands and properties necessary_ in laying out,
constructing~ maintaining and improving the trunk highway system .... "
(Emphasis added).
The Supreme Court has previously found that, in enacting § 161.20 empowering
the Commissioner of Highways to acquire all lands and properties necessary in
laying out and constructing the trunk highway system, the legislature intended to
delegate to the Commissioner plenary and final power in all that relates to
location, construction and maintenance of the trunk highway system to obtain
the best results, subject only to the requirement that the Commissioner not act
arbitrarily and capriciously. Kelmar Corp. v. District Court of Fourth Judicial
District, Hennepin County, 1964, 269 Mn. 137, 130 N.W. 2d 228. (F.a'nphasis
added).
RJL-202749vl
LN400-51
Letter to Commissioner Tinklenberg
September 10, 2001
Page4
Minnesota courts confirmed the Commi.qsioner's authority in 1996 when it was
held that the State Depamnent of Transportation has a legislative grant of
authority to acquire properties which the Commissioner deem.~ reasonably
necessary for, or incidental to, public highway purposes and that the Court may
only interfere with the Commissioner's determination that acquisition of
property is reasonably necessary_ for, or incidental to, a public highway purpose,
where the Commissioner's demrmination is manifestly arbitrary_ or capricious.
State by Humphrey v. Byers, App. 1996, 545 N.W.2d 669. (F. mp~is added).
Furthermore, the Courts have held that under former § 161.03 (now § 161.20) in
exercising the authority to acq~ "necessary" right of way for the trunk
highway system, the Commissioner need not demonstrate "absolute or
indispensable necessity but only reasonable necessity." Petition of Bumquist,
1945, 220 Mn. 48, and 19 N.W.2d 394. (F. mphasis added).
While the Attorney General's hesitation in the present.case may be prompted by
the Minnesota Court of Appeals decision' in Regents of the University Of
Minnesota v. Chicago and North Western Transp. Co.,, 552 N.W.2d 578 (1996
Minn. App.), Regents is clearly distinguishable from the present case. In
Regents: (a) the condernnor had not yet decided among three alternative
legitimate public purposes for use of the property or taken any steps or expended
any substantial amount in furtbemnce of any of those potential uses; (b) the
Minneapolis Community Development Agency,. which itself had approved
acquisition of the property by eminent domain intervened and contended that its
public purpose was superior to any of the University's potential uses of the
property; and (c) the property being acquired by the University was' apparently
contaminated.
In contrast, in the present case: (a) there is no uncertainty among the affected
public bodies that the property to be acquir~ should be used for commuction of
New TH212, many official actions have been taken in furtherance of the project,
an enormous amount of money bas already been invested in that project which
will be a wasted investment unless the entire 18-mile project is completed, and a
portion of the project has already been constructed; (b) them is no evidence that
another public body is claiming to have a superior public purpose for the
property; (c) them is no evidence that any of the property to be acquired is
contaminate.~ University bas already been distinguiihed by the Minnesota
Court of Appeals in several subsequent cases. In Itasca County v. Cmrpenter,
602 N.W.2d 881,890 (Minn. App. 1999), the County sought to condemn the
owner's land to construct a county road. The district court held that construction
of the road was impossible because the County could not successfully condemn
the neighboring Indian land, and dismissed the condemnation petition. The
Court of Appeals reversed, finding "Regardless of Whether (Itasca County) was
able to complete the project as planned, respondent's tract was reasonably
RJL-20274~vl
1..N400-51
Letter to Commissioner Tinklenberg
September 10, 2001
Page 5
necessary to complete a public purpose." (p. 887). With respect to Regents, the
Court stated:
In Regents, we examined the issue of a speculative purpose when
affirming dismissal of a condemnation proceeding because the
condemning authority, the University of Minnesota, had failed to
demonstrate that the taking was necessary, 552 N.W.2d at 580..The
court affirmed the lack of necessity because the universi~ did not
have either, present or furore plans for the property, no projects had
been approved for the site, and no consideration had been given
towards a remediation plan necessary_ to resolve soil contamination
problems at the site. Id. The court finally concluded that the
condemning authority "may well have the right to purchase this
property, but it cannot acquire it for speculative use (stockpiling) by
condemnation." Id. The role established in Regents, however, is
limited by the extreme facts present in that controversy and has no
application here. (602 N.W.2d 887, 890) (Emphasis added).
In Lino Lakes Economic Development Authority v. Reiling, 610 N.W.2d 355
(Minn. App., 2000), the Court of Appeals also distinguished Re~ents and again
limited it to its facts, stating as follows:
Relying on Regents of University of Minnesota v. Chicago & North
Western Transp..Co., 552 N.W.2d 578 (Minn. App. 1996), review
denied (Minn. Nov. 20, 1996), Reiling argues that the evidence was
insufficient to prove necessity. The Regents court explained its
conclusion that the district court did not clearly err in finding that the
University had failed to demonstrate the required level of necessity
for condemnation as follows:
First, the record indicates that the' University has not included this
property on its master plan for its anticipated development of the
Twin Cities campus. Second, although the University claims to have
at least three potential uses for the land, the uses are mutually
exclusive, and the Board of R.egents has not' yet approved a single
project for the property. Finally, because of soil contamination
problems, it is undisputed that the University could not currently use
the property for any of its proposed uses. The parties have not yet
agreed on a remediation plan; decontamination of the property will
require from approximately two to seven years to complete. 'At least
one University official has described the time period before the
University would use the property as "potentially indefinite."***
The University may well have the right to purchase this property, but
it cannot acquire it for speculative future use (stockpiling) by
condemnation.
Id. at 580.
RJL-202749vl
LN400-51
Letter to Commissioner Tinklenberg
September 10, 2001
Page 6
In this case, ~DA has a specific plan for the pmtx~ it seek~ to
condernn~ creating an economic development district, and there is no
evidence of any problems that will interfere with that plan, the
district court's finding of necessity is not clearly erroneous. See
Itasca County v. Carpenter, 602 N.W.2d 887, 890 {Minn. App. 1999)
(Nov. 30, 1999) (noting that rule exa~lished in Regents prohibiting
stockpiling of property for ~afive use "is limited by the extxemo.
facts present in that eontrovexsy" and discussing meaning of
speculative in context of condemnation proceeding). (602 N.W.2d
355, 360-361) (Emphasis added).
In Housing and Redevelopment Authority in and for the City of Richfield v. W~r
Auto Sales, Inc., 603 N.W.2d 662 (Minn, App. 2001), the Court of Appeals again
distinguished Regents. In doing so, it stated:
Appellants argue that the project was too SlX~culative because permits'
and approvals still need to be obtained and because the agreement
contained contingencies that allowed Best Buy to abandon the
project. Appellants rely on the statement in Regents of Univ. of
Minnesota v. Chicago & N.W. Transp. Co., that "speculative
purposes will not support the assertion of necessity." Regents of
Univ. of Minnesota v. Chicago &. N.W. Transp. Co.~ 552 N.W.2d
578, 580 0Vlinn. App. 1996) (quotation omitted), rev/ew den/ed
(Minn. Nov. 20, 1996). But appellants' reliance is mi.qplaced. In
Regents, we held that because the university had "not yet approved a
single project for the properly," it could not acquire the property "for
speculative future use (stockpiling) by condemnation." Id. Here, the
HRA has identified the Best Buy headq .ua_rters as the project for
which the property is necessary. Contingencies, such as the permits
and approvals remaining for this project, are normal contingencies
for a major redevelopment project. See MCD~ 582 N.W.2d at 597
("Public purpose and necessity cannot be thwarted* * * by alle~ng
that the purpose for condemning the property'is too speculative if in
fact the project is officially supported by the governmental entity and
ordinary agreements are in place to realize the project.") We
conclude that the district court did not dearly err in finding that the
condemnation was "necessary and convenient in furtherance of
redevelopment project." (Walser, 630 N.W.2d 662) (Emphasis
added).
In Pon Authority of the Ci_ty of Saint Paul v. Baillon Company, 2001 Minn, App.
Lexis 888, filed August 7, 2001), the Court of Appeals refused to follow Regents,
because of the substantial steps which the Port Authority had takea in furtherance of
the public purpose (much like the present case).
RJL-202749vl
LN400-51
Letter to Commissioner Tinklenberg
September 10, 2001
Page 7
In summary, I would argue that in the present case, the Attorney General is apparently urging
limitations on the use of eminent domain which are not justified by previous court decisions, may
not be raised by an opponent, and should not be found by a court to actually bar you from use of
eminent domain in the present case. I cannot imagine that a District Court would find that it is not
reasonably necessary or convenient for the Commissioner to acquire these parcels through use of
eminent domain. I certainly would be shocked if a Court would find that the Commissioner's
determination was "manifestly arbitrary or capricious" in electing to acquire these parcels under the
foregoing circumstances. ' '
I request you to direct the acquisition of all remaining parcels required for construction of New
TH212 from Hennepin County Road 4 to Carver County Road 147 without further delay,
notwithstanding any recommendation from the Attorney General to the contrary. I believe I speak
for all or substantially all affected local units of government, legislators and owners in making this
request.
I would be happy to participate in a discussion about this if you would find that helpful. As this is a
matter of great concern to members of the Coalition, we will appreciate being advised of further
developments relating to this matter. Thank you for your consideration of our request.' "
Y~Y'
Robert J. Lindall
Coalition President and
Chaska City Council Member
RJL:peb
Deputy Commissioner Douglas Weiszhaar (via fax: 1-320-255-3257)
Dick Stehr, Metro Division Engineer
Dave Trooien, District 8 Engineer
..
Senator Claire Robling
Representative Carol Molnau
Representative Tom Workman
Roger Gustafson, Director of Public Works, Carver County
Jim Grebe, Director, Transportation Department, Hennepin County Public Services
Gene Diem, Eden Prairie Director of Public Works
Todd Gerhardt, Acting City Manager, City of Chanhassen
Dave Pokomey, City Administrator, City of Chaska
RJL-202749vl
LN400-51
,.~ Introduction
~l~ Nowml~ 6 election:
O_~r~g ~: Used to ~ sm~
U~d ~o pmchase classroom equipm~t and tt. hnology.
-~ Background .......
Th~ ~ lav~ tri~ di~ion ofth~
t) 200t Legislation
2) Existing 1992 I~molo~ levy expiring in 2002.
3) Stra~gi¢ Technoto~ Plnn completed in Snnnn~y 2000.
Question #1 -Operating Referendum
· Current Referen_d..um
· 1994 legislature: · Capped the yom' approved x~-~rendum at 93-94 level.
· Sunset the referendum in 2005.
· Existing referendum provides appro~tely 2:5%
of operating resources.
Governor and 2001 Legislature
Focused on...
.....
· School property tax relief with 100% funding of basic
allowance.
· Modest increase in stat~ fundin~ fQr suburban schools.
· Provided on~-tirnc i~ in 1994 referendum cap.
..~.:.:~: Property Tax Relief,,,
What does this mean for Mlnnetonka
~xl~yers?
Minnetonka School Property Taxes
.~.. Will Drop 50% for 2002
__
200[ 2002
General Education $18,653,592 100% Slat~ Aid
Other Taxes/O~dlts $18.996.422 e18.565.529
Total SchooJ 'Taxes $37.650.014 s18.5~5.529
Decream In School Property 'Tmm~ $19~a4v485
Percent ~ minus 50.6%
2001 Legislative Increase
in K-12 Funding
Modest Increase in st~ba funding for
suburban schools ....
What does that mean?
2001 Legislation...
· ;~L comparison of Metro to State ·
Mirmetm~m Weat Met~ ~
00-01 $7,343 S7,126 $6,703
Variance 9.5% 7.5% n/n
01.-02 S7,397 S7,261 $6,880
Incnmae $54/.7% $13511.9% $177fL 6%
Variance 7.5% 5.5% n/a
02-03 $7,558 $7,443 $7,156
Increase $161/2.2% $181/2.5% $276/4.0%
Variance 5.6% 4.0% n/n
Minnetonka Budget- Spending
,?~,~.. l~umptions .....
· 01-02 budget ba.lnnced with $2~. million ~ ~t
· No n~ pm~ plnnn~ ~ ~3 ~ f~ 03~.
· ~m~ ~s~ l~c~ ofs~
· ~1 ~S ~ Pmj~ ~ i~e by 4%. ~ 02~3 bMg~ ~ pmj~ ~ ~1 of $1 ~lli~.
~ 03-~ p~ ~1 of $2 ~1~.
Projected Impact of 2001
-..;.,..~, Legislation: .__
01-02 02-03 03-04
~ue $57,605,000 $$8,505,000 $$9,756,000'*
Expenses $57.231.000' $~9.514.000 :~61.823.000
Differmee $374.000
Fund Bal 6.3% 4.4% 1%
** A.lllmles l~ghlitur~ approves a 2% fundin~ lncrtut for FY04.
LRecent Cost Containment Efforts...
96-97: $1,057,000
97-98: $788,000
98-99:. None
99-00: None
00-01: S 1,920,020
01-02: S2,245,000
Economic Squeeze ....
Anm~ operating corn, before cost
l~ve ~ by 4% to 5%.
Fending increase for 01-02 ts .7% and 02-03 iS 2.2%.
2001 Legislation... Referendum
Cap Increased
Focus of 2001 leglsla'don was: · Property tax miler.
· Modest Increase In public school funcllng.
To address funding, the legislature Increased
referendum authority capped In 1994.
How does that Impact Minnetonka Schools?
Increase in Referendum Cap:
. ~=~[.,. What does that mean?
· One-time 16.2% incrense in 93-94 referendum cap.
· Effective fl~r 02-03 budget (2002 levy).
· I~'rease of $304 in levy aultm~ity raising $2.7
annually (revenue increase of 4.7%).
State officials support access
to voter referendums..
Venture administration offlclala Indlca'c~l that If .chool.
want more money they ca n make the ca.e to their votom.
Operating Referendum
...,.~.~., Impact on Home Owner
[Assumes an 8.5% increase in assessed value. ]
S150,000> S162,750 Slll $9.25
~200,O0(t> $1,17,000 S148 $12.33
$300,000> S325,500 S222 S18.50
$400,000> S434~000 S296 S27.67
S500,000> $542,500 $370 $30.83
Utilization of Referendum
· ,,.,,[.,,. Resources: '
· ~dmain current programs (25% of budget funded by
current referendum)
· Avoid projected revenue shortfall of $1 million for 02-03
· Reduce class size in critical areas.
· Provide prudent budget reserve I~ cushion future
shortfalls (03-04).
] ...~. Ballot question # 1 will address
· two issues: .....
I) Synchronize levies to avoid second election by
revoking thc current levy and crafting one levy.
2) AuCtion in levy the increase in ~ referendum
c~p pro~_'~ by tim 2001 legislature.
· ..~.~. Question #2:
Funding for Technology and Classroom
Equipment
Technology/Classroom
· ~_,.~. Equipment Referendum
· ~.g92 technology levy will expire In 2002.
· Strategic Technology Plan provlcles vLslon for
Implement3flon of technology.
.:~ Issues
1) Update classroom equipment.
2) Keep existing invenlm-y of technology equipment current.
3) Expand lechnology for student learning.
4) Technicsl support of equipment and systems.
1) Replace and upgrade
· ..,,..,..~.: instructional equipment:
· Classroom Equipment: Maps, globes, Idlns,
microscopes, music Instruments, etc.
· State funding for equipment Is virtually unchanged
since 91-92 ($65 to $68 per pupil unit).
· Teaching and Learning conducted district Inventory
to eatabllsh ten year needs. Cost amortized over
ten years.
2) Replace and upgrade
existing tech_.n_.o..logy:
Current eaulpment dated: · 45% of workstations 4+ years old.
· TV/VCRs five to ten years old.
·Repiace and upgrade existing equipment
when obsolete and/or non-funddonal.
· Ensure base systems Is functional and reliable.
~ 3) Expand technology for student
-~.~ learning: .........
· ~ and refine t~hnology to create new leaml~
~ and m _~rsunallz~ Instmctio~
· Provide staff b-alnlnq_ to opUmtze use of software
and equipment.
· ~ to computers for students.
· ~ (pilot programs) of new software
and equipment.
· Staff Innovation via Mini-Grants from Tech Coundl.
4) Equipment and Systems
.~. ,.. Support: ....
· Technology support staff to ensure sysmrns
are reliable and equipment Is dependable.
· OperaUons support: for dlsa.~er recovery,
video d~cdbuUon system, and ~c~ng system.
-,~,,~... Outcomes of Proposed Plan
2. Expand student access to computers.
3. Updat~l, adequate and reliable Instructional equip.
4. Updated technology equip, and software.
5. Staff trained to optimize equip. & software.
6. Timely, knowledgeable and high quality t~ch
support.
7. Budget relief In operating fund.
~.,,:~. Proposed lew:
Total proposed 02-03 levy
Less: Existing 01-02 levy
Proposed Increase
* Note: The district l~ currently ipendlng S82.~000 of
of operating fund resource~ for technology support.
Pa a result, total expendlture~ for technology currently
exceed $1.7 million.
$3,445,0~0
925.000 *
$2,520,000
Technology/Classroom Equipment Question
Impact on Home Owner
[Assumes an 8.:5% increase in assessed value. [
2001 > 2002 Value Annual Mopthlv
$150,000> $162,750 $89 $7~kq
$200,000> $217,000 $119 $9,93
S300,000> $22S~00 S179 S14.90
$400,000> S434,000 $2:]8 $19.87
$500,000> $542,~00 $~04 $25.32
Ballot question #2 will address
· .~. ~=. the following:
1) Revoke both the 1992 and 1996 technology levies
and synchronize the expiration da~
2) A ten year levy for funding of classroom equipment
and technology for Minnetonka Public Schools.
10
In summary...
Operating and Technology Referendums
Impact on School Property Taxes
..
[Assume nn 8.5% increase in 8mmssed vnlue.
I
lbfimaMd Net
2001 · 2002¥alne l~ducflon OueF. Tech Reduction
S I SO~)(JO:). S162,7S0 (S383) SI 11 S89
S2(J~ S217~00 .(S6~3) Sl~ SllO (S426)
chsagm h cky m couty pupmy u
Proposed operaUng
.-~,~.~ referendum, will...
· Avoid budge~ shortfall of S 1 milli~ ~' 02-03.
· Provide prudent budget rue~e to cushion future
shoflfall projected for 03-O4.
· Synchronize referendum levies (25% of budget
funded by current referendum)
11
Proposed ~echnology/classmom
~.~.~: referendum will...
1. Update classroom'instructiorull equiprnmt.
2. Replace end upgrade existing technology.
3. Bxpand student use of technololD, for learning.
4. Provide continuing funding for operations support.
12