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CC Packet 2008 08 25A G E NDA C H AN H A SS E N C I T Y C O UNC I L M O NDAY , AU G U S T 25 , 2008 C H AN H A SS E N M UN I C I P A L B U I L D I N G , 7700 M AR K ET B O U LE VARD 5 :30 P .M . - C I T Y C O UNC I L W O R K S E SS I O N , F O UN T A I N C O N F E R E NC E R OO M N o t e : I f t h e C it y C o un c il do e s n o t c o m p l e t e t h e w o r k s e ss i o n it e m s i n t h e ti m e a ll o tt e d , t h e r e m a i n i n g it e m s w ill b e c o n s i d e r e d a f t e r t h e r e g u l a r ag e n da. A . J u s t i f i ca t i o n S t ud y f o r S a t e lli t e F i r e S t a t i o n N o . 3 . B . 2009 P r e limi n a r y B udg e t D i s c u ss i o n . C . D i s c u ss i o n o f C i t y C o d e A m e n d m e n t s . D . I m p l e m e n t a t i o n o f P a r k & R ec r ea t i o n A w a r d s t o R ec o g n i ze V o l u n t ee r s. 7 :00 P .M . – R E G U L AR M EET I N G , C I T Y C O UNC I L C H A M B E R S CA LL T O O RD E R (P l e d g e o f A ll e g i a n ce) P U B L I C ANN O UNC E M E N TS C O N S E N T A G E NDA A ll i t e m s li s t e d u n d e r t h e C o n s e n t A g e n d a a r e c o n s i d e r e d t o b e r o u t i n e b y t h e c i t y c o u n c il a n d w ill b e c o n s i d e r e d a s o n e m o t i o n . T h e r e w ill b e n o s e p a r a t e d i s c u ss i o n o f t h e s e i t e m s . I f d i s c u ss i o n i s d e s i r e d , t h a t i t e m w ill b e r e m o v e d f r o m t h e C o n s e n t A g e n d a a n d c o n s i d e r e d s e p a r a t e l y . C i t y c o u n c il ac t i o n i s b a s e d o n t h e s t a ff r ec o mm e n d a t i o n f o r eac h i t e m . R e f e r t o t h e c o u n c il p ac k e t f o r eac h s t a ff r e p o r t . 1 . a . A pp r o v a l o f M i n u t e s : - C i t y C o u n c il W o r k S e ss i o n M i n u t e s d a t e d A ugu s t 11 , 2008 - C i t y C o u n c il S u mm a r y M i n u t e s d a t e d A ugu s t 11 , 2008 - C i t y C o u n c il V e r b a t im M i n u t e s d a t e d A ugu s t 11 , 2008 R ece i v e C o mmi ss i o n M i n u t e s : - P l a nn i n g C o mmi ss i o n S u mm a r y M i n u t e s d a t e d A ugu s t 5 , 2008 - P l a nn i n g C o mmi ss i o n V e r b a t im M i n u t e s d a t e d A ugu s t 5 , 2008 b . A pp r o v e E x t e n s i o n o f I n t e r im U s e P e r mi t 07 -16 f o r G r a d i n g , N e il K li n g e l h u t z . c . L i b e r t y a t B l u ff C r ee k : 1 1 ) A pp r o v a l o f F i n a l P l a t o f T h i r d A dd i t i o n i n c l ud i n g a R e p l a t o f a P o r t i o n o f t h e F i r s t A dd i t i o n , w i t h S i t e P l a n A m e n d m e n t s 2 ) A pp r o v a l D e v e l o p m e n t C o n t r ac t a n d P l a n s & S p ec i f i ca t i o n s f o r T h i r d A dd i t i o n . d . B e dd o r R e g i s t e r e d L a n d S u r v e y : A pp r o v e R e g i s t e r e d L a n d S u r v e y f o r P r o p e r t i e s L o ca t e d a t 950 & 910 P l ea s a n t V i e w R o a d . A pp li ca n t : F o r t i e r & A ss o c i a t e s / M a r il y n B e dd o r . e . A pp r o v a l o f P l a n s & S p ec i f i ca t i o n s , C i t y H a ll G e n e r a t o r . f . A pp r o v a l o f L ea s e E x t e n s i o n , V e r i z o n C e ll T o w e r , W a t e r T o w e r o n W e s t 76 t h S t r ee t . g . A pp r o v a l o f A m e n d m e n t s t o C h a p t e r s 5 , 7 , 18 & 19 , c o n ce r n i n g A n im a l s & F o w l s ; L a n d s ca p e S ec u r i t y ; S u b d i v i s i o n s ; a n d W a t e r , S e w e r s & S e w a g e D i s p o s a l . h . A pp r o v a l o f E a s e m e n t f o r Qw e s t C o r p o r a t i o n o n O u t l o t 1 , C h a nh a ss e n E s t a t e s . V I S I T O R P R E S E N T A T I O NS L A W E N F O RC E M E N T /F I R E D E P AR T M E N T U P DA TE 2 . a . S g t . P e t e r A n d e r l e y , C a r v e r C o u n t y S h e r i ff 's D e p a r t m e nt b . C h i e f G r e gg G e s k e , C h a nh a ss e n F i r e D e p a r t m e nt P U B L I C H E AR I N GS - N o n e UN F I N I S H E D B U S I N E SS 3 . N i c k ’s S t o r a g e & P a r k i n g , 1900 S t o ug h t o n A v e n u e , A pp li ca n t : J ac qu e s G i bb s : R e qu e s t f o r A m e n d m e n t t o C o n d i t i o n a l U s e P e r mi t ; V a r i a n ce R e qu e s t s . N E W B U S I N E SS 4 . S c hn e i d e r D o c k V a r i a n ce a n d W e t l a n d A l t e r a t i o n P e r mi t , 640 P l ea s a n t V i e w R o a d . C O UNC I L P R E S E N T A T I O NS AD M I N I S T RA T I V E P R E S E N T A T I O NS C O RR E S P O ND E NC E P AC K ET AD J O URN M E NT 2 A c o p y o f t h e s t a ff r e p o r t a n d s upp o r t i n g d o c u m e n t a t i o n b e i n g s e n t t o t h e c i t y c o u n c il w ill b e a v a il a b l e a f t e r 2 :00 p .m . o n T h u r s d a y . P l ea s e c o n t ac t c i t y h a ll a t 952 -227 -1100 t o v e r i f y t h a t y o u r i t e m h a s n o t b ee n d e l e t e d f r o m t h e a g e n d a a n y t im e a f t e r 2 :00 p .m . o n T h u r s d a y . GUID E L IN E S F O R V ISI T O R P R E S E N T A T IONS We l c o m e t o t h e C h a nh a ss e n C it y C o u n c il M ee ti n g . I n t h e i n t e r e s t of o p e n c o mm u n i c ati o n s , t h e C h a nh a ss e n C it y C o u n c il w i s h e s t o p r ov i d e a n o pp o r t u n it y fo r t h e pu b li c t o a dd r e ss t h e C it y C o u n c il . T h at o pp o r t u n it y i s p r ov i d e d at e v e r y r e gu la r C it y C o u n c il m ee ti n g du r i n g V i s it o r P r e s e n t a ti o ns . 1. A n y o n e i n d i c ati n g a d e s i r e t o s p e a k du r i n g V i s it o r P r e s e n tati o n s w ill b e a c k n o w l e dg e d b y t h e M a y o r . W h e n c all e d up o n t o s p e a k , s tat e y o u r n am e , a dd r e ss , a n d t o p i c . A ll r e ma r k s s h all b e a dd r e ss e d t o t h e C it y C o u n c il a s a w h o l e , n o t t o a n y s p ec i f i c m e m b e r (s ) o r t o a n y p e r s o n w h o i s n o t a m e m b e r of t h e C it y C o u n c il . 2. I f t h e r e a r e a n u m b e r of i n d i v i du al s p r e s e n t t o s p e a k o n t h e s am e t o p i c , p l e a s e d e s i g n at e a s p o k e s p e r s o n t h at c a n s u mma r iz e t h e i ss u e . 3. L imit y o u r c o mm e n t s t o f i v e mi n u t e s . A dd iti o n al tim e ma y b e g r a n t e d at t h e d i s c r e ti o n of t h e M a y o r . I f y o u h a v e w r itt e n c o mm e n t s , p r ov i d e a c o p y t o t h e C o u n c il . 4. D u r i n g V i s it o r P r e s e n tati o n s , t h e C o u n c il a n d s ta ff li s t e n t o c o mm e n t s a n d w ill n o t e n g a g e i n d i s c u ss i o n . C o u n c il m e m b e r s o r t h e C it y M a n a g e r ma y a s k qu e s ti o n s of y o u i n o r d e r t o g ai n a t h o r o ug h u n d e r s ta n d i n g of y o u r c o n ce rn , s ugg e s ti o n o r r e qu e s t . 5. P l e a s e b e a w a r e t h at d i s r e s p ec t f u l c o mm e n t s o r c o mm e n t s of a p e r s o n al n at u r e , d i r ec t e d at a n i n d i v i du al e it h e r b y n am e o r i n f e r e n ce , w ill n o t b e all o w e d . P e r s o nn e l c o n ce rn s s h o u l d b e d i r ec t e d t o t h e C it y M a n a g e r . M em b e r s o f t h e C it y C o u n c il a nd s o me s t a ff mem b e r s m a y g a t h e r a t H o u li h a n ’s R e s t a u r a n t & B a r , 530 P ond P r o me n a d e i n C h a nh a ss e n i mme d i a t e l y a f t e r t h e mee ti ng f o r a p u r e l y s o c i a l e v e n t. A ll mem b e r s o f t h e p u b li c a r e w e l c o me . 3 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us A MEMORANDUM TO Todd Gerhardt City Manager Laurie Hokkanen Assistant City Manager jJ FROM DA TE D August 20 2008 SUBJ Proposed Satellite Fire Station 3 BACKGROUND The City currently has two fire stations Fire Station 1 located in downtown Chanhassen is the main station that currently serves as the training center and responds to most calls Fire Station 2 is located in the Lake Minnewashta area and was built to improve response times to homes and businesses in the north and west portions of the City With the increased development in the southern portion of the City including the completion of Highway 212 the need for a 3rd station has been identified The goals of the 3rd station are to 1 Improve Response Times see attached maps of current and expected response times a Expand the 4 minute response time area i The National Fire Protection Association national standards call for an engine to be able to respond within 4 minutes b Reduce the average in service time to on scene time c Optimize utilization of Fire Department apparatus and personnel get the people equipment to the call in the minimum amount of time 2 Expand the geographic area that meets the proximity requirements for firefighter candidates a Firefighters must be able to respond to the station within 8 minutes limiting the pool of candidates 3 Maintain or Lower the City s ISO rating a Affects commercial insurance rates Current ratings are 5 9 hydrant non h ydrant b In 2004 the ISO analysis of and classification report awarded Chanhassen 1 27 out of 4 points in the area of Credit for Distribution This is one of 17 criteria used by the ISO to assign the Public Protection Classification Ratings Under this item the ISO reviews the percent of the built upon area which has an The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play 4 adequately equipped responding first due engine company within 1 5 miles and an adequately equipped responding ladder service company within 2 5 miles Staff has sent information to the ISO and is awaiting on response on the anticipated effect of a 3rd station on our rating 4 Provide Satellite Location for Sheriff s Office and Minnesota State Patrol a Will assist the Sheriff s Office in transitioning to district approach to patrol and response in the future b Provide more convenient access to Highway 212 for State Patrol 5 Provide Polling Location for Elections a State law requires that polling places are located in the precinct When this requirement cannot be met the City must find a location within one mile of the precinct boundary line Although we currently have permission to use St Hubert s it would be preferable to have a location within the precinct and a public building PROPOSED LOCATION Staff has identified the need for Station 3 to have good access to Highway 212 In 2007 the City Council approved the purchase of 2 4 acres of excess right of way from MnDOT for a total of 114 700 24 Sewer and water was also extended to the site The site is located on Lyman Boulevard between Powers Boulevard and Highway 101 This location will serve new developments in the southern portion of Chanhassen including Chanhassen High School the Preserve and Liberty on Bluff Creek neighborhoods Crossroads of Chanhassen etc PROPOSED CAPITAL FUNDING The construction of the satellite fire station is included in the Capital Improvement Program for 2010 at a cost of 2 million which includes land acquisition 114 700 24 and building construction Additionally 1 million is budgeted for equipment 500 000 in CIP and 500 000 in the Capital Replacement Fund The funding is proposed to come from a combination of the sale of the Public Works building and the issuance of GO bonds The building is projected to be about 10 000 square feet total This would include two apparatus bays equipment storage and office space for the Sheriff s office and State Patrol More detailed plans for space will need to be developed if the project moves forward Station 3 is proposed to be equipped with one engine truck and one light rescue vehicle For reference Station 1 is equipped with 2 engines a ladder truck a heavy rescue vehicle a light rescue vehicle 1 grass truck 1 utility vehicle 1 boat trailer 1 staff vehicle and 1 HAZMAT trailer Station 2 is equipped with 1 engine a light rescue vehicle and the reserve engine SCHEDULE 5 Mr Todd Gerhardt August 20 2008 Page 2 If the project proceeds we would be looking at issuing an RFP for Architectural Engineering Services in July August of 2009 with plans and specifications to be approved by the Council in OctoberlNovember 2009 for 2010 construction 6 7 VI II 1 l I F xl I L r llrl ITf rr L fP t i tS r t r v ffi V H t r d Y ffi 11i 1lI vc Y c C I A T i1 1 1tf y V Il 1 IfL 11 OJ c c r 0 QI 0 QI o o ro QI a e 1V QI ffi w LL W c I l I H C O a r I U N J j I S Sf 9L t 0rt I n d y n t r 1 8 Ill c a I I I CQ ri L 1 1 fJ 1 f t I I 1 1 tl g e Q Q J II Q tl Q CI o 0 e 9 l l J Q OJ oali 0 c g UO QJ eel i t 0 i J9 CI Q Li ca CI 0 Q CI o Q e a 0 f o N o J z 7 o u i I I oG a 0 IE 2 i II W l 6 900 5 LI 4 JO 6 p 6ulpo 3 IJ Sn3HS N d NOllV1S 3 LJ N3SS HNVH l JO A 10 J 8 i I I I r 1 ei b j It b j eo r i i i i j i I i 34 oJ 3 i I i i il if Fire Calls for 2006 2008 1 078 Incidents Fire Incident Intersection N w s City of Chanhassen o Fire Incident Property G It mJlck Fi c 7CtyYddeFnC l J 11tl11 9 IfJf ii 1 iiiii 0 I l t J 1 f 34 0 STATION 3 RESPONSE AREA Fire Incident Intersection N w E S City of Chanhassen o Fire Incident Property G 1e8rM Jc1 Fi 8 f JJ 8rl7ay l l rrec jrrrr d 10 I i I i i Ii if 34 01 1 Wll r 2 A J STATION 1 RESPONSE AREA Fire Incident Intersection N w r E s I City of Chanhassen o Fire Incident Property G re9rt Rc R Cdg p jX ty IMd9 Frs Ca mx f 11 City of Chanhassen j L i I I i I r i i i i STATION 1 STATION 3 OVERLAP AREA Fire Incident Intersection N w 9 s o Fire Incident Property G E fJ JOle6rW Nir J Q fAPtJrt7CIy Mde rre Qt m td 12 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us B MEMORANDUM TO Mayor City Council Members FROM r L 1 I J MI Greg Sticha Finance Director DA TE August 25 2008 SUBJ 2009 Budget Tax Levy Discussion BACKGROUND At our previous Budget work session meeting the City Council discussed finding a way not to rely on the Market Value Homestead Credit as part of the General Fund budget process With that in mind staff has come up with the idea of shifting the MVHC to the Revolving Assessment Construction Fund therefore placing the risk or burden of not receiving those funds on the RACF In order to keep the General Fund in balance the transfer from the general fund to the RACF for road projects was reduced by the same amount to offset the elimination of the MVHC in the General Fund By making this adjustment the RACF fund remains in a positive cash flow position for all future years Staff feels that the total preliminary levy of 10 174 565 is a levy that is extremely fiscally responsible and maintains all current services and adds 1 75 FTE police officers to the 2009 budget During the review of the individual department budgets in October and November staff will be monitoring a couple of key numbers healthcare costs estimated fuel and utility costs and building permits as well as looking for other opportunities to lower the levy by the time the City Council sets the final levy in December The levy as proposed above would result in an increase somewhere between 5 to less than 1 in the city s portion of our resident s property tax statements This amount will be sent out as part of the truth in taxation process Listed below are three examples Estimated Market Value Dollar Increase 234 000 2 50 5 00 330 600 4 00 7 00 708 500 9 00 17 00 ATTACHMENTS 1 General Fund Revenues 2 General Fund Expenditures 3 RACF 4 Memo from 8 11 08 Budget Discussion 5 Example of County Levy Sheet The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play 13 GENERAL GOVERNMENT 1110 Legislative 1120 Administration 1130 Finance 1140 Legal 1150 Assessing 1160 MIS 1170 City Hall 1180 Elections 1190 Library Building TOTAL LAW ENFORCEMENT 1210 Law Enforcement 1220 Fire 1250 Building Inspection 1260 CSO TOTAL PUBLIC WORKS 1310 Engineering 1320 Street Maintenance 1350 Street Lighting 1370 Vehicle Maintenance TOTAL COMMUNITY DEVELOPMENT 1410 Planning Commission 1420 Planning Administration 1430 Senior Commission TOTAL PARKS RECREATION 1510 Park Rec Commission 1520 Park Administration 1530 Recreation Center 1540 Lake Ann 1550 Park Maintenance 1560 Senior Center 1600 Recreation Programs 1700 Self Supporting Programs TOTAL Total Operational Expenditures Transfer for Roads TOTAL GENERAL FUND CITY OF CHANHASSEN 2009 BUDGET Expenditures Personal Materials Contractual Capital 2009 2008 Services Supplies Services Outlay Total Total Change 34 200 200 114 500 148 900 134 900 10 38 401 000 500 65 000 466 500 434 900 7 27 228 300 200 59 600 200 288 300 302 600 4 73 168 000 168 000 168 000 0 00 110 000 110 000 101 600 8 27 173 700 2 400 125 100 301 200 285 300 5 57 71 300 48 300 309 600 429 200 392 800 9 27 21 500 6 400 27 900 27 900 0 00 3 000 144 200 147 200 110 200 33 58 930 000 54 600 1 102 400 200 2 087 200 1 958 200 6 59 78 900 1 546 900 1 625 800 1 502 100 8 24 514 600 47 100 116 000 677 700 673 600 0 61 689 800 6 100 33 900 729 800 690 900 5 63 56 000 5 000 13 700 74 700 73 000 2 33 1 339 300 58 200 1 710 500 3 108 000 2 939 600 5 73 535 300 1 300 31 800 300 568 700 537 600 5 78 641 700 131 600 34 400 1 300 809 000 767 500 5 41 5 000 323 400 328 400 319 900 2 66 258 800 265 400 53 000 6 000 583 200 444 600 31 17 1 435 800 403 300 442 600 7 600 2 289 300 2 069 600 10 62 200 4 000 4 200 4 200 0 00 393 700 700 14 100 408 500 382 600 6 77 22 200 15 700 37 900 35 300 7 37 415 900 900 33 800 450 600 422 100 6 75 200 2 000 2 200 2 200 0 00 125 500 1 000 10 600 137 100 129 100 6 20 227 800 11 500 77 000 316 300 301 200 5 01 13 400 9 500 57 400 80 300 74 300 8 08 709 800 81 300 94 500 4 000 889 600 834 800 6 56 44 300 4 500 20 600 69 400 60 700 14 33 180 000 19 100 93 800 292 900 276 400 5 97 29 200 7 700 49 300 86 200 100 100 13 89 1 330 000 134 800 405 200 4 000 1 874 000 1 778 800 5 35 5 451 000 651 800 3 694 500 11 800 9 809 100 9 168 300 6 99 50 000 150 000 9 859 100 9 318 300 5 80 14 CITY OF CHANHASSEN 2009 BUDGET REVENUE 101 General Fund 2007 2008 2008 2009 Inc Over ACCOUNT DESCRIPTION ACTUAL BUDGET PROJECTED BUDGET PY Budget GENERAL PROPERTY TAX 3010 Current Property Tax 6 284 318 6 833 900 6 833 900 7 173 500 5 0 3002 Allowance for Delinquent Taxes 320 000 270 000 270 000 3011 Delinquent Property Tax 101 113 50 000 100 000 100 000 3041 MVHC 162 052 120 000 3090 Other Property Taxes 3500 Local Government Aid TOTAL GENERAL PROPERTY TAX 6 547 483 6 563 900 6 783 900 7 003 500 6 7 LICENSES 3203 Dog Kennel 897 500 500 800 3205 Dog or Cat 6 598 5 000 5 000 6 000 3213 Solicitor 375 500 500 500 3226 Liquor On and Off Sale 84 930 84 000 84 000 84 000 3230 Rental Housing Licenses 34 100 15 000 15 000 30 000 3284 Rubbish 5 100 3 000 3 000 5 000 TOTAL LICENSES 132 000 108 000 108 000 126 300 16 9 PERMITS 3301 Building 734 822 725 000 725 000 725 000 3302 Plan Check 408 063 330 000 330 000 330 000 3305 Heating NC 202 748 120 000 120 000 120 000 3306 Plumbing 139 729 95 000 95 000 95 000 3307 Trenching 26 126 35 000 35 000 30 000 3308 Gun 660 1 000 1 000 1 000 3309 Sprinkler 19 718 14 000 14 000 14 000 3311 Sign 8 850 7 500 7 500 7 500 3320 Stable 190 300 300 300 3330 Elec Permit App Forms 36 3331 Firework s Application Fee 400 3390 Misc Permits 1 865 2 000 2 000 2 000 TOTAL PERMITS 1 543 207 1 329 800 1 329 800 1 324 800 0 4 FINES PENAL TIES 3401 Traffic Ordinance Violation 133 391 150 000 150 000 150 000 3402 Vehicle Lockouts 2 100 2 500 2 500 2 500 3404 Dog Cat Impound 6 080 5 000 5 000 6 000 3405 Other Fines and Penalties 4 111 TOTAL FINES PENALTIES 145 682 157 500 157 500 158 500 0 6 INTERGOVERNMENTAL REVENUE 3503 Reimbursement from School District 25 000 3509 Other Shared Taxes 155 661 175 000 175 000 160 000 3510 Grants State 85 970 50 000 50 000 80 000 TOTAL INTERGOVERNMENTAL REV 241 630 225 000 225 000 265 000 17 8 15 CITY OF CHANHASSEN 2009 BUDGET REVENUE 101 General Fund 2007 2008 2008 2009 Inc Over ACCOUNT DESCRIPTION ACTUAL BUDGET PROJECTED BUDGET PY Budget CHARGES FOR CURRENT SERVICES 3601 Sale of Documents 744 1 000 1 000 1 000 3602 Use Variance Permits 22 715 40 000 40 000 22 000 3603 Rezoning Fees 2 000 2 000 2 000 3604 Assessment Searches 855 500 500 500 3605 Plat Recording Fees 5 225 7 000 7 000 7 000 3607 Election Filing Fees 3613 Misc General Government 4 909 10 000 10 000 5 000 3614 Admin Charge 2 Constr 21 110 50 000 50 000 25 000 3615 Admin Charge 5 Street Re Constr 32 000 32 000 24 000 3617 Engineering General 15 1 000 1 000 3619 Investment Management Fee 75 000 75 000 75 000 75 000 3629 Misc Public Safety 6 129 5 000 5 000 6 000 3630 Recreation Program Fees 30 807 38 100 38 100 40 000 3631 Recreation Center 129 830 180 000 180 000 196 000 3633 Park Equipment Rental 97 200 200 200 3634 Park Facility Usage Fee 9 578 12 000 12 000 14 000 3635 Watercraft Rental 3 446 4 000 4 000 4 000 3636 Self Supporting Programs 153 615 114 000 114 000 105 000 3637 Senior Programs 28 862 30 000 30 000 28 000 3638 Food Concessions 13 715 12 000 12 000 12 000 3639 Misc Park Rec 900 800 800 800 3641 Youth Sport Donation 3649 Misc Public Works 2 700 5 000 5 000 5 000 3651 Merchandise Sales 953 1 500 1 500 1 500 3670 Internment Fee 150 TOTAL CURRENT SERVICES 511 355 621 100 621 100 574 000 7 6 OTHER REVENUE 3801 Interest Earnings 250 462 125 000 125 000 200 000 3802 Equipment Rental Sale 134 152 125 000 125 000 135 000 3803 Building Rental 4 643 4 000 3804 Land Sale 4 600 3807 Donations 22 761 20 000 20 000 20 000 3808 Ins Recoveries Reimburse 5 000 5 000 5 000 3812 Contractor Verification 5 3816 SAC Retainer 160 546 5 000 5 000 5 000 3818 Sur Tax Retainer 1 137 1 500 1 500 1 500 3820 Misc Other Revenue 180 1 000 1 000 1 000 3829 Interest Penalties Other 500 500 500 3903 Refunds Reimbursements 39 248 30 000 30 000 35 000 3910 Misc Revenue 583 3980 Cash Short Over 3 TOTAL OTHER REVENUE 618 320 313 000 313 000 407 000 30 0 TOTAL GENERAL FUND REVENUE 9 739 678 9 318 300 9 538 300 9 859 100 5 8 TOTAL GENERAL FUND EXPENDITURES 9 859 100 NET LEVY REMAINING Use of Gen Fund Reserves 16 0 U C Q Cl g 8 o N o N 000 000 000 cicici OCDN Ol o N 00 0 000 000 0 ci cJ OCDN f CD o N 000 000 000 000 OCDN o N 000 000 000 cicici OCDN f o CD o N 000 000 000 606 OCDN r 10 o N 00 0 000 000 cicici OCDN r o N 000 000 000 coo OCDN r o N o So 000 000 cidci OCDN N o N 000 000 000 cicici OCDN o N 000 000 000 ciaci OCDN o o N 00 0 000 000 660 o CD t Ol o o N 080 000 000 cidci OCDN f CD o o N 00 0 000 000 cicici 0 CD e m o o N 000 000 000 NON 10010 N CD o o N 10 o o N 1 o l l 8 21 ill 5 OOCD CDOl 0 ci ro CDOl CD CD CDOCD Ol NN r aS 0l0l CD CD IOOCD OOlCD Nc f CDOlCD CD CD OCD OlCD 00 ciri CDOCD CD ON Ol N i Ma O CD CD 0010 Ol ON cir O N CD NOCD CDOl 1O 0l a5r r 10 IOO 8l8l 1 tiiairi N N 00 2 N i 1 0 N O N iai OlCD V N LO 100 OOlCD OlIOCD r c 6 CD 0 CD N D MM CD CD r ciai 10 CD CD N ri D CD Ol ciai i CD CD CD OlNN 000 NNO 0l 0 weir CD IO N 0 0 ON Ool cia OCD N ONa 0 0 0010 cirici 000 N O O OCDO O O cir 6 0 0 i N oooS OCDO 0100 corrici ONO N CWO OCDO OCDO ciorrid 000 N N CLOe 0 00 ONO omo 0 0 tV s s o o 0 0 cior ic5 0 0 l OCDO O CD O O c5wci 10 CD N OIOCD O O N 0 10 ol N 0 10 0 0 0 6w 10 CD N OCD o O O ci w f 10 CD N OCD 0 o oriN IO O N 0010 g OWO IO O N O OOQ ON ONOOQU O OLOOOOOI oroo6ciciaS OtOONMC lM O t N LO OVOOONLO QCOQoo m O t OOOLOCO ocicio o L jLri OlOOv NN co C I 0 000000 o oooomLO o OoooO co om cidoNN ocnO D J V CO m OroOOOLOM OlOoooro t O OOOOC l ci iciciciwN OMOCO vC OCD Ool OCD ow o CD N i N ON 0 o 0 010 CD i ri 00 0 OCD NN 10 CD CD ciN OOr M 0000 ooom ci ci o LO 00 CD N ro 3 Q c g Om od g @ C oQ C OJ I IIO U 0 l tl g Qi jj l 3 Ja C E E o CD OOlN 000 OLOl O N N CD 2 0 0 ri ol ol 0 m CDCD ol N o Sl cD CD 0 10 mmmmmC C N N N N N N I I I I I I I C r r r r r r r N r r r r r r r LO mmmmmmmN r r r r r r r I cn r r r r r r r N r r r r r r r LO rommmmmOl l C l Nr r r r r r c r I r r r r r r r r r r LO Olromcnc OlOlC l C l t t t t r C Ir r r r r Ol C I r r r r C 1 Mr r r r r r LO mO romcncncnC l O C I M t t C I Mr Nr r r r cn o r C 1r r r r N OMr r r LO OfDc romC C N M C 1 N cnMr C Ir r r cn OOr C Ir r r N C I OOMI r r r LO OOfDc rocnC N O M O C l o tC Mr Nr r c MOOr Nr r N C I OOO l r r r ll OOOfDC roO C 1 o q l qC COlN r f 3 C I OOO l r r LO OOOfDO roC l O O I COl I o tO I r NO N I OOr C IN N OOO l r N OOOfDOl l o o COlo r N N N OOO l l OOOfDN o qCOl N 0000 0000 O O I M Nri o 00 00 o o u N ai o N 00 00 O ci 0 NO o l en u Xl 0 W en 0 E o 0 0 0 o 0 o Z o o o o o N ll or roo O C 1 ooooo 00000000 NNNNNNNN Q 0 oCD @ E lZ o Q a CD tl Q 0 a 17 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us B MEMORANDUM TO Mayor City Council Members Greg Sticha Finance Director FROM DA TE August 11 2008 SUBJ 2009 Budget Tax Levy Discussion BACKGROUND Tonight we will be discussing the preliminary requests for the 2009 budget At this time staff included the following estimates in preparing the 2009 budget based on information and experience from prior years This information is intended to help guide us in the budget process New Construction for 2009 is estimated by Carver County to be 2 45 The CPI cost of living for 2008 compared to last year is 4 0 We have included maximum wage adjustments in the budget of 4 0 We estimated health care costs to increase 25 These are some of thegeneralestill1ateswe used in thebudgetprocess We can discuss each of thoseestimat s in 1Ilored etail atthe Y r is7ss 9nlIleeting Listed below is a sum mary o f t he s ign ifl C an tc hang esf fo m th e p TI o r y ea r i n expenditures and revenues Individual departmentbudgetdiscussions will occur in October and November where we will discuss each department s budget in detail Expenditures The preliminary 2009 budgeted expenditures include an increase of 640 800 which is 6 88 higherthan the previous year Of that increase 306 700 is for increased wages and benefits to general fund employees I19AOO is for an increase in the police services contract 170 000 is for increased utility and fuel costs That totals 596 100 of the 640 800 increase Revenues For 2009 we are anticipating total general fund revenues to be 542 200 or 5 8 higher than 2008 budgeted revenues The majority of revenues are projected to remain relatively flat from the prior year As council is well aware permit revenue projections are totally dependent on development With the Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 18 Mayor City Council August 11 2008 Page 2 downturn in the market for residential development staff is projecting permit revenue to be the same as the previous year even with a 3 increase in the fees for permits We have not increased our permit charges since 1997 and with this increase we are still either competitive or lower than the communities in our area For the first time in a number of years we are budgeting to receive the Market Value Homestead Credit from the state It is in place under current statutes and we are anticipating receiving about 120 000 in 2008 and around 100 000 in 2009 Keep in mind this line item is dependent on the legislature and it is possible thatthey could eliminate this credit if there is a state deficit next spring Weare also adjusting our budgeted allowance for the delinquent property tax line item to be more in line with actual delinquency collections This resulted in about another 100 000 in available budgeted tax revenues The majority of the remaining increased revenues are generated from property taxes In 2009 the county is projecting new construction of 2 45 which results in 241 000 of additional revenues In order to present a balanced budget in the general fund we would need 98 600 more than the 241 000 in property tax revenues generated from new growth Tax Levv The requested general fund budget and all other levies result in an increase in total tax levy dollars of 339 600 or 3 45 The effect of this levy on the average homeowner would be an increase of approximately 5 to 1 or between 4 and 7 on a home valued at 330 600 It is also important to note that this budget and levy keeps all current servic s in place and allows for the addition of 1 75 FTE police officers and funds all anticipated increases in utility and fuel costs we are projecting for 2009 ATTACHMENTS 1 General Fund Revenues 2 General Fund Expenditures 3 Tax Levy Impact 4 2008 2025 Debt Levies 5 Key Financial Strategies General Fund Projections 19 OU 00 t l Il c 0 s c UJ OJ ro o j j p c UJ j j C o c J c o c fa u lCO e 0 VI G J 0 lI U N G J Q fa J fa G J D o c 0 e a D U 0 a 8l w R 0 x z c J 8 0 8 II 8 ijj 6 GO J 0 S e a O Ke 2 X u 0 0 l31 o l l J VI e c g i 8 itj l3 1 0al J Q a 0 0 n E 2 5 l911 E Vl ijj E c jijl 01 0 0 0 J III co 2 C 9 0 n 1 r V C l r 4 o z u o o o o o o pt I e U I Z w U o z z o z o E C a 5 I o Q Z w m Iii E E a o u c I z o Q w Ii o D w a I Z o E C I I C ij o l l ro o o Cl I C C la II c E I 0 u E o u t a il 3 n E Q la C c la II II e u la C C la II Q1 5 Gi c la Q1 c ij C J Q1 0 II C c la Q1 0 t p Cl 0 g Cl e 0 IQ1 c a c ij J 2 CI wE Q1 1 0 C W Iiio Q1 Q1 Vi m S 0 Q Vl o Co e a Vl Q p E 20 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us c MEMORANDUM TO Todd Gerhardt City Manager FROM Bob Generous Senior Planner Sharmeen AI Jaff Senior Planner DATE c August 25 2008 SUBJ City Code Amendments Chapter 20 Zoning BACKGROUND Staff has reviewed the City Code and discovered issues shortfalls and general updates and prepared amendments to the Code The amendments to Chapter 20 were discussed at the June 17 and July 15 2008 Planning Commission Meetings where public hearings were held The Planning Commission voted to recommend approval of the ordinance amending Chapter 20 Zoning These items were submitted to City Council at the August 11 2008 work session but were not reviewed at that time The intent of the work session is to review the proposed changes with the City Council Any modifications directed by City Council will be made and the amendments will be placed on the September 8 2008 agenda At this time staff will be focusing on issues related to the following Chapter 20 Zoning Requiring Pre application meetings CUP IUP violations Required setbacks Tor Planned Unit Developments PUD Height limitation in the Neighborhood Business BN District Additional buffer yard requirements in comm rcial districts Freedom to Breathe Provision and Drive Thru standards The text of all proposed ordinance amendments are shown in strike through and bold format DISCUSSION CHAPTER 20 Zoning Planning Commission held public hearings on June 17 2008 and July 15 2008 Administration and Enforcement Pre application Submittal Meeting Site Plan Review Variance Conditional Use and Interim Use The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play 21 Todd Gerhardt August 25 2008 Page 2 Issue Staff would like to emphasize the pre submittal meeting with developers homeowners etc prior to their formal application submittal The intent is to identify discuss and resolve many issues and or concerns before the application is submitted and brought before the Planning Commission and City Council This would help alleviate development review applications that are incomplete or that have unresolved issues that lead the Commission or Council to table action for resolution at a staff level only to return at the next meeting This is currently a requirement for Subdivisions and Planned Unit Developments This should be common practice for all application submittals including Site Plan Review Variances Conditional Use Permits and Interim Use Permit applications Staff is proposing using similar language to the Planned Unit Development requirements to formally require these pre application meetings Prior to filing an application for a site plan review variance conditional use interim use the applicant shall attend a conference with City staff The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the Comprehensive Plan and the City Code before incurring substantial expense Proposed Change Amend Sections 20 56 variances 20 109 site plans 20 231 conditional use permits and 20 321 interim use permits to incorporate this language Variance Conditional Use and Interim Use Permit Issue There are some properties within the city that have obtained a Variance V AR Conditional Use Permit CUP or an Interim Use Permit lUP recorded against a property In some cases the property lines are altered or subdivided years later This poses several problems there may be multiple owners for the subdivided properties governed by the CUP IUP V AR with the addition of the new lot lines thus the site plan has changes and the site may be in violation of the conditions of approval It is difficult to maintain the conditions of approval on a property that has been sold to new owners who mayor may not be aware of the permits governing these sites Staff is proposing to add language to the Variance Conditional Use and Interim Use sections of the city code that subdivision of the property shall deem the CUP or IUP null and void Proposed Change Amend Section 20 57 Variances to read Sec 20 57 Violations of conditions imposed upon variance termination for nonuse The violation of any written condition shall constitute a violation of this chapter It is a condition of every variance that the property for which the permit is issued not be subdivided or the lot lines of the property altered A variance except a variance approved in conjunction 22 Todd Gerhardt August 25 2008 Page 3 with platting shall become void within one year following issuance unless substantial action has been taken by the petitioner in reliance thereon Amend Section 20 233 Conditional Uses by adding subparagraph c to read as follows c It is a condition of every conditional use permit that the property for which the permit is issued not be subdivided or the lot lines of the property altered Amend Section 20 323 Interim Use Permits by adding subparagraph 4 to read as follows 4 Upon the subdivision of the property or the alteration of the lot lines of the property District Regulations Issue There are issues with the mandatory setback and buffer requirements in the Planned Unit Development PUD section of the City Code The buffer requirements are overly restrictive and prevent implementation of other planning goals e g street front retail Staff proposes that these setback standards be developed in conjunction with the design and approval of each project rather than a one size fits all standard The following is the intent for the application of the PUD Sec 20 501 Intent Planned unit developments offer enhancedjlexibility to develop a site through the relaxation of most normal zoning district standards The use of the PUD zoning also allows for a greater variety of uses internal transfers of density construction phasing and a potential for lower development costs In exchange for this enhanced flexibility the City has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other more standard zoning districts Emphasis added The above paragraph discusses the enhanced flexibility however the imposition of the strict standards is contradictory to the overall intent of the PUD In order to maintain a basis for negotiation for setback requirements staff proposes reducing the minimum setback standards to allow for more flexibility Staff will be referencing the buffer yard requirements to determine the minimum setback requirements within a PUD The minimum setback requirement is dependent on the adjacent land use Finally staff would provide a basis or criteria for the City to either increase the required setbacks or reduce the setbacks in order to implement community goals e g affordable housing street front retail enhanced public spaces etc Proposed Change Amend Section 20 505 f and Section 20 505 m 23 Todd Gerhardt August 25 2008 Page 4 Sec 20 505 Required General Standards f The setback for all buildings withifl a PUD from any abutting street line shall be 30 feet for local streets and 50 feet from railroad lines or collector or arterial streets as designated in the comprehensive plan except that in no case shall the setback be less than the height of the building up to a maximum of 100 feet The setback for all buildings from exterior PUD lot lines not abutting a public street shall be 30 feet except that in no case shall the setback be less than the height of tho building up to a maximum of 100 feet Building and parking setbacks from internal public streets shall be determined by the City based on characteristics of the specific PUD Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a PUD The setback for parking structures including decks and ramps shall be 35 feet from local streets and 50 foot from all other street classifications except that in HO case shall the setback be less than the height of the structure Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure Nhichever is greater where adjacent to residential property 35 feet when adjacent to nonresidential properties Parking structures setbacks from internal public or private streets shall be determined by the City based on characteristics of the specific PUD Where industrial uses abut developed ef platted or planned single family lots outside the PUD greater exterior building and parking setbacks between 50 and 100 feet shall be required in order to provide effective screening The City Council shall make a determination regarding the adequacy of screening proposed by the applicant Screening may include the use of natural topography or earth berming existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses PUD s must be developed in compliance with buffer yard requirements established by the comprehensive plan and article XXV of the Chanhassen City Code m Buffer yards T he City Comprehensive Plan establishes a requirement for buffer yards Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with article XXV of the Chanhassen City Code In these areas a 50 foot buffer yard is to be provided vhere the iflterface occurs along a public street a 100 foot buffer yard is required where the interface occurs on internal lot lines The buffer yard is not an additional setback requirement It is to be cumulatively calculated with the required setbacks outlined above The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use The buffer yard is intended to provide additional physical separation and screening for the higher intensity use As such they will be required to be provided with a combination of berming landscaping and or tree preservation to maximize the buffering potential To the extent deemed feasible by the City new plantings shall be designed to require the minimum of maintenance however such maintenance as may be required to maintain consistency with the approved plan shall be the obligation of the property owner 24 Todd Gerhardt August 25 2008 Page 5 Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the City In instances here existing topography and or egetation provide buffering satisfactory to the City or vhere quality site planning is achieved the City may reduce buffer yard requirements by up to 50 percent The applicant shall have the full burden of demonstrating compliance with the standards herein Issue BN District Height Limitation There are two Neighborhood Business Districts in the City The first one is located at the southwest intersection of Highway 7 and 41 The second district is located at the southeast intersection of Highway 5 and Great Plains Boulevard The current ordinance limits building height in the BN district to one story Staff is recommending that if a site abuts a residential district without being separated by a street then the height of the building be limited to two stories If the site is separated from the residential district by a street then a three story building and a maximum height of35 feet may be permitted Residential Single Family Districts allow three story buildings with a maximum height of 35 feet The buffer yard requirements in Article XXV of the Chanhassen City Code will apply within the required setbacks The City has issued a variance to permit the development of three story buildings in the BN district to permit the Park Nicollet Clinic Multi story buildings are generally reserved for office and service type buildings Retail operations tend to be one story Proposed Change Amend section 20 695 7 as follows 7 The maximum height is as follows a For the principal structure one story two stories when it abuts a residential district without being separated by a street and three stories with a maximum height of 35 feet when separated by a street b For accessory structures one story 25 Todd Gerhardt August 25 2008 Page 6 Issue Buffer yards in commercial or industrial districts The current ordinance requires an excessive buffer yard in addition to a setback in all commercial districts The original criterion was created to buffer residential districts from industrial sites In 1993 the Planning Commission recommended the amendment of the ordinance in all commercial districts as well as the industrial districts to increase the buffer A buffer is intended to provide a separation as well as visual protection from a higher use Staff has been encountering situations where this added buffer serves no practical purpose nor does it serve its intent This requirement leads to a variance request in which a hardship must exist There are other means in providing adequate buffering that can be much more efficient and effective than a mandatory buffer area For example the City has a landscaping buffer yard requirement under the landscaping section of the City Code which can be part of the required setback area Staff is also proposing to increase the required setback for industrial uses abutting residential from 50 feet to 100 feet Proposed Change Amend Sections 20 695 8 e Lot requirements and setbacks in the BN District 20 715 8 e Lot requirements and setbacks in the BH District 20 755 7 e Lot requirements and setbacks in the BG District 20 774 7 e Lot requirements and setbacks in the BF District and 20 815 7 e Lot requirements and setbacks in the lOP District Neighborhood Business District BN Highway and Business Services District BH and General Business District BG e Buffer yards The city comprehensive plan establishes a requirement for buffer yards Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with article XXV of the Chanhassen City Code IFl these areas a 50 foot buffer yard is to be provided where the interface occurs along a public street a 100 foot buffer yard is required Nhere the interface occurs on iFltemallot lffie The buffer yard is not an additional setback requirement It is to be cumulatively calculated with the required setbacks outlined above The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use The buffer yard is intended to provide additional physical separation and screening for the higher intensity use As such they will be required to be provided with a combination of berming landscaping and or tree preservation to maximize the buffering potential To the extent deemed feasible by the city new plantings shall be designed to require the minimum of maintenance however such maintenance as may be required to maintain consistency with the approved plan shall be the obligation of the property owner Buffer yards shall be covered by a permanently recorded conseryation easement running in fa or of the city 26 Todd Gerhardt August 25 2008 Page 7 In instances where existing topography and or egetation pro ide buffering satisfactory to the city or where quality site planning is achieved the city may reduce buffer yard requiremonts by up to 50 percent The applicant shall have the full bur en of demonstrating compliance with the standards herein Industrial Office Park District lOP Amend Section 20 815 7 d d The minimum setback is W 100 feet when it abuts a residential district without being separated from the residential district by a street or railroad right of way In instances where existing topography and or vegetation provide buffering satisfactory to the city or where quality site planning is achieved the city may reduce setback requirements by up to 50 percent The applicant shall have the full burden of demonstrating that there is sufficient separation and screening for the higher intensity use General Supplementals Issue The Freedom to Breathe Provision was passed by Legislature on May 12 2007 signed into law on May 16 2007 and became effective state wide on October 1 2007 The purpose of the Freedom to Breathe Provision is to protect employees and the general public from the hazards of secondhand smoke by prohibiting smoking in public places places of employment public transportation and at public meetings As a result of the Freedom to Breathe Provision local establishments that want to create outdoor smoking shelters to accommodate their patrons have contacted the City regarding our standards Rather than create ordinance standards for smoking shelters City Council directed staff to reference the Freedom to Breathe Provision in the Accessory Structures section of City Code In addition the City will provide a handout regarding the Freedom to Breathe Provision which will be will be available at City Hall All accessory structures must receive a building or zoning permit prior to construction Staff proposes reference to the Freedom to Breathe Provision under the Accessory Structure section of the City Code as it relates to smoking structures Staff is proposing definitions in Chapter 1 relating to the Freedom to Breathe Provision in conjunction with the proposed changes to the Accessory Structures Indoor Area means all space between a floor and a ceiling that is bound by walls doorways or windows whether open or closed A wall for the purpose of smoking shelters includes any retractable divider garage door or other physical barrier whether temporary or permanent 27 Todd Gerhardt August 25 2008 Page 8 Public Transportation means public means of transportation including light and commuter rail transit buses enclosed bus and transit stops taxis vans limousines and other for hire vehicles other than those being operated by the lessee and ticketing boarding and waiting areas in public transportation terminals Smoking means inhaling or exhaling smoke from any lighted cigar cigarette pipe or any other lighted tobacco or plant product Smoking also includes carrying a lighted cigar cigarette pipe or any other lighted smoking tobacco or plant product equipment intended for inhalation Proposed Change Amend section 20 904 to add d as shown below Sec 20 904 Accessory structures d Shall comply with the Freedom to Breathe Provision of the Minnesota Clean Indoor Air Act contained in M S ch 1144 411 to 144 417 Drive Thru Standards Issue The use of drive thru facilities is extending beyond fast food restaurants and banks Current standards only address bank drive thru windows Discussion Staff is proposing creating standards that would regulate drive thru facilities These standards would apply to all drive thru windows throughout the City The drive thru facility will be evaluated through the Site Plan Permit process If an existing building is converted to a bank or other use requiring a drive thru then the conversion will be processed administratively subject to compliance with the standards The proposed changes establish the performance standards Staff will be recommending some future zoning changes within commercial districts to allow limited use of drive thru facilities PROPOSED CHANGE Delete Section 20 292 Add Section 20 965 Performance Standards Sec 20 292 Drive through baRk facilities Drive through bank facilities and stacking areas shall be subject to the follO ving requirements 1 They shall not be located adjacent to any residential lot lines 2 They shall be pro ided with a suitable visual screen from adjacent properties 3 Stacking for six cars per aisle shall be provided vithin applicable parking lot setbacks Section 20 965 Drive thru facilities Drive thru facilities for any use shall comply with the following standards a They shall not be located adjacent to any residential lot lines b They shall be provided with a suitable visual screen from adjacent properties c Stacking shall be provided within applicable parking lot setbacks d Stacking shall meet the following standards 28 Todd Gerhardt August 25 2008 Page 9 1 Fast Food Restaurant six cars per aisle 2 Banks three cars per aisle 3 Pharmacy two cars per aisle 4 All other uses two cars per aisle e The City may require a vehicle stacking study to determine whether more or less stacking shall be required for a particular use f Stacking areas shall not interfere with vehicular circulation in the parking lot nor encroach into any required drive aisles g Speaker or intercom system shall not be audible at the property line RECOMMENDATION Staff requests that the City council review the proposed City Code amendments and provide comments or direction g plan city code 2008 code update cc work session memo 8 25 08 doc 29 CITY OF CHANBASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Todd Hoffman Park Recreation Director b As a part of the approved 2008 Key Financial Strategies the City Council asked staff to develop a program recognizing volunteers who contribute their time and resources to park and recreation functions Staff reviewed the current Environmental Excellence Award program and developed the Park Recreation award program after this successful model The attached draft includes categories for individuals businesses and civic organizations and youth associations Following Council direction staff will present the program to the Park Recreation Commission for their review The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play FROM Jerry Ruegemer Recreation Superintendent DA TE o August 18 2008 SUBJ Implementation of Park Recreation A wards to Recognize Volunteers 30 CITY OF CHANHASSEN PARK AND RECREATION SERVICE AWARD Park Recreation Service Awards are provided by the City of Chanhassen to recognize individuals for their contribution throughout the community These awards are designed not only to recognize achievement but also to enhance the lives of our citizens through giving of themselves PROGRAM GUIDELINES Park Recreation Service Awards will be presented for each of the following categories A Resident B Business C Community Groups and Organizations Schools All entrees submitted or nominated must meet the following criteria 1 Activities and benefits must occur within the city limits 2 Volunteering is performed between Jan 1 and December 31 2009 APPLICATION PROCEDURE 1 Complete the application form and attach any supporting documentation 2 Applications are due by November 1 2008 3 Mail application materials to City of Chanhassen Attn Jerry Ruegemer 7700 Market Blvd PO Box 147 Chanhassen MN 55317 Or fax to 952 227 1110 Or e mail to iruegemer@ci chanhassen mn us If you have any questions please contact Jerry Ruegemer at 952 227 1121 31 PARK AND RECREATION SERVICE AWARD CA TEGORY INFORMATION Category A Resident An individual who has volunteered for a city special event recreation program or another related task of the city Category 8 Business A local business who has taken the initiative to become involved ina special event or recreation program through working the event dedicating their business resources or through providing financial support or sponsorship to the city Category C Community Groups and Organizations or Schools that have taken on special projects or provided a service within the community that has directly benefited the city 32 PARK AND RECREATION SERVICE AWARD APPLICATION FORM Application Deadline is November 1 2008 Name Address Phone Number Category If in Category B or C Business Name or Community Organization Volunteering Description Release of Information The City of Chanhassen reserves the right to use the award winners for promotional purposes through newspaper articles the city website or other means I agree to allow the city to use my name and the description of my volunteering project This release is only valid for winning entries Signature 33 C H AN H A SS E N C I T Y C O UNC I L W O R K S E SS I O N AU G U S T 11 , 200 8 M ayo r F u r l o n g c a l l e d t h e w o r k s e ss i o n t o o r d e r a t 5 :35 p .m . C O UNC I L M E M B E R S P R E S E N T: M a y o r F u r l o n g , C o u n c i l m a n L i t s e y , C o u n c i l w o m a n E r n s t , C o u n c il w o m a n T j o r n h o m , a n d C o u n c i l m a n M c D o n a l d S T A FF P R E S E N T: T o d d G e r h a r d t , L a u r i e H o kk a n e n , K a t e A a n e n s o n , P a u l O e h m e , G r e g S t i c h a a n d T o d d H o ff m a n R E V I E W B O ND I N G V S . C I T Y F I NANC I N G O F R E S I D E N T I A L S P E C I A L A SS E SS M E N T S H AR E O F S T R EET R E C O N S T RUC T I O N P R O J E C T S I N R E V O L V I N G A SS E SS M E N T C O N S T RUC T I O N F UND ; AND F UND I N G O P T I O N S F O R P U B L I C W O R K S F AC I L I T Y. G r e g S t i c h a e x p l a i n e d t h e a n a l y s i s d o n e b y s t a f f f o r t h e r e s i d e n t i a l s p e c i a l a s s e ss m e n t s h a r e o f s t r e e t r ec o n s t r u c t i o n p r o j ec t s w h i c h r e s u l t e d i n a s l i g h t b e n e f i t t o t h e u s e o f c i t y f i n a n c i ng a s o p p o s e d t o b o n d i n g . T o dd G e r h a r d t e x p l a i n e d t h e k e y a s s u m p t i o n s t h a t w e r e u s e d i n t h e d i ff e r e n t s ce n a r i o s . M a y o r F u r l o n g a s k e d c o u n c il t o k ee p i n mi nd t h e d i f f e r e n ce b e t w ee n a n e x p e c t e d a n d r e q u i r e d c o u r s e o f ac t i o n n o t i n g t h e n ee d t o k ee p o p t i o n s o p e n i f o ppo r t un i t i e s p r e s e n t t h e m s e l v e s . C o u n c i l m a n L i t s e y t h a n k e d s t a f f f o r g o i n g t h r o ug h t h e e x e r c i s e . G r e g S t i c h a p r e s e n t e d f u n d i ng o p t i o n s f o r c o n s t r u c t i o n o f t h e pub li c w o r k s f a c il i t y , r ec o mm e n d i ng t h e C I P b o n d i n g o p t i o n . H e o u t li n e d t h e s c h e d u l e o f r e q u i r e d ac t i o n s n ee d e d i n t h e n e x t c o up l e m o n t h s . M a y o r F u r l o n g a s k e d i f t h e c i t y h a s p r e v i o u s l y s o l d b o n d s p r i o r t o c o n s t r u c t i o n p r o j ec t s . T o dd G e r h a r d t e x p l a i n e d w h e r e i t h a s b e e n d o n e b e f o r e o n p r o j ec t s li k e t h e c o n s t r u c t i o n o f t h e w a t e r t r ea t m e n t p l a n t . C o u n c i l m a n M c D o n a l d a s k e d f o r c l a r i f i c a t i o n o n t h e E D A ’s r o l e i n t h e a pp r o v a l p r o ce ss . I t w a s t h e c o n s e n s u s o f t h e c o u n c i l m e m b e r s t o s up p o r t t h e C I P b o n d i n g s c h e d u l e . 2009 P R EL I M I NARY B UD G ET D I S CU SS I O N. T o d d G e r h a r d t t h a n k e d a l l d e p a r t m e n t h ea d s f o r t h e i r w o r k i n g e tt i n g p r e l im i n a r y n u m b e r s t o G r e g S t i c h a , w h o r e v i e w e d t h e a ss u m p t i o n s u s e d i n r ea c h i ng t h e p r o p o s e d p r e l im i n a r y b udg e t n u m b e r s . L a u r i e H o kk a n e n e x p l a i n e d t h e i n c r e a s e i n h e a l t h ca r e c o s t s. G r e g S t i c h a w e n t o n t o e x p l a i n t h a t t h e t h r ee b i gg e s t c o s t i n c r e a s e s w e r e t h e p o li ce c o n t r a c t , u t i l i t y /f u e l c o s t s a n d p e r s o nn e l w a g e s . C o u n c ilm a n M c D o n a l d a s k e d s t a f f i f t h e y h a d l oo k e d a t w h a t t h e y c a n d o w i t h o u t . G r e g S t i c h a e x p l a i n e d t h a t t h e p r o p o s e d n u m b e r s s h o w o n l y a s l i g h t t a x i n c r e a s e , r e mi n d i n g c o u n c i l t h a t t h e p r e l im i n a r y l e v y a m ou n t n ee d s t o b e s e t b y S e p t e m b e r 15 th . T o d d G e r h a r d t a s k e d t h a t t h e p r e l im i n a r y l e v y a m ou n t b e s e t a s h i g h a s p o s s i b l e t o a l l o w s t a f f f l e x i b il i t y i n p l a nn i ng . M a y o r F u r l o n g a s k e d h o w t h e b udg e t n u m b e r s h a d b e e n a ff ec t e d b y t h e r i s e i n f u e l c o s t s . C o u n c il w o m a n T j o r n h o m a s k e d i f t h e r e w e r e a n y o t h e r c o s t s t h a t c o u l d b e c u t , i .e . w a g e s . C o u n c i l m a n L i t s e y e x p r e ss e d c o n ce r n w i t h t h e p o s s i b i l i t y o f n o t r ece i v i ng t h e p r o j ec t e d a m o u n t o f h o m e s t ea d c r e d i t . W i t h t h e i n c r e a s e i n f u e l c o s t s , C o u n c il w o m a n E r n s t a s k e d w h e r e s t a f f ca n c o m p e n s a t e f o r t h o s e i n c r ea s e s . T o d d G e r h a r d t e x p l a i n e d t h e p r o ce ss o f 34 C i t y C o u n c i l W o r k S e s s i o n - A ugu s t 11 , 200 8 2 ea c h d e p a r t m e n t b r i n g b ac k t h e i r s p e c i f i c n u m b e r s f o r eac h d e p a r t m e n t . C o u n c ilm a n L i t s e y s t a t e d h e t h o ug h t t h e p r e l im i n a r y n u m b e r s l oo k e d go o d . C o u n c il w o m a n T j o r n h o m e x p l a i n e d h e r f e e l i ng t h a t t h i s b ud g e t mi nd s e t w i l l b e d i ff e r e n t t h a n o t h e r s b eca u s e t h e c o s t o f e v e r y t h i ng i s g o i n g up . T o dd G e r h a r d t s t a t e d s t a f f w i l l b r i n g b a c k d i ff e r e n t s ce n a r i o s i f t h e c i t y d o e s n o t r ec e i v e t h e p r o p o s e d h o m e s t ea d c r e d i t . M a y o r F u r l o n g s ugg e s t e d p r e p a r i n g t h e b udg e t w i t h o u t t h e h o m e s t ea d c r e d i t f i gu r e d i n , a n d p r e p a r e a li s t o f i t e m s t h a t ca n b e i n c l ud e d i f a n d w h e n t h e h o m e s t ea d c r e d i t i s r ec e i v e d . G r e g S t i c h a ca u t i o n e d t h e c o u n c il o f s e t t i n g t h e p r e l im i n a r y l e v y a m o u n t w i t h o u t t h e $100 ,00 0 a m o u n t f o r t h e h o m e s t ea d c r e d i t . M a y o r F u r l o n g a s k e d s t a f f t o i d e n t i f y i t e m s t o b e a ss o c i a t e d w i t h t h e h o m e s t ea d c r e d i t a n d f i n a l b udg e t n u m b e r s . C o u n c ilm a n L i t s e y s t a t e d t h e c o u n c il n ee d e d t o l oo k a t t h e a v e r a g e im p ac t o n t a x p a y e r s b e f o r e g e t t i n g t o o “n i t -p i c k y ”. M a y o r F u r l o n g e x p l a i n e d t h a t t h e s e a r e t r y i ng t im e s f o r e v e r yb od y s o t h e c o u n c il n ee d s t o s t a y p r ud e n t . C o u n c il w o m a n T j o r n h o m s t a t e d c o u n c i l u s u a ll y h a s m o r e t h a n o n e o p t i o n p r e s e n t e d a n d a s k e d f o r a dd i t i o n a l o p t i o n s . D I S CU SS I O N O F C I T Y C O D E A M E ND M E N T S. K a t e A a n e n s o n d i s c u s s e d t h e p r o p o s e d a m e n d m e n t s w h i c h w i l l b e o n t h e n e x t C i t y C o u n c i l c o n s e n t a g e n d a , c l a r i f y i ng l a n gu a g e r e l a t e d t o a n im a l s , l a n d s ca p e s ec u r i t i e s , e m e r g e n c y o v e r f l o w , c u s t o m g r a d i n g , S W PPP p l a n s , s u b d i v i s i o n b u il d a b l e a r ea , a n d e n c o u r a g i n g p r e -a p p li ca t i o n m ee t i n g s . C o u n c il w o m a n E r n s t a s k e d h o w b i g a p r o b l e m t h e c i t y h a d w i t h l a n d s ca p e a n d m a i n t e n a n c e i s s u e s . M a y o r F u r l o n g a s k e d i f p r e -a p p li ca t i o n m e e t i n g s w o u l d d i s c o u r a g e p e o p l e f r o m a p p l y i ng . B eca u s e o f t h e t im e , d i s c u ss i o n o f C h a p t e r 20 w a s t a b l e d t o t h e n e x t w o r k s e ss i o n . M ayo r F u r l o n g a d j o u r n e d t h e w o r k s e s s i o n m e e t i n g a t 7 :0 0 p .m . S ub m i tt e d b y T o dd G e r h a r d t C i t y M a n a g e r P r e p a r e d b y N a n n O p h e i m 35 C H AN H A SS E N C I T Y C O UNC I L R E G U L AR M EET I N G S U M M ARY M I NU TE S AU G U S T 11 , 200 8 M ayo r F u r l o n g c a l l e d t h e m ee t i n g t o o r d e r a t 7 :05 p .m . T h e m ee t i n g w a s o p e n e d w i t h t h e P l e d g e t o t h e F l ag . C O UNC I L M E M B E R S P R E S E N T: M a y o r F u r l o n g , C o u n c i l m a n L i t s e y , C o u n c i l w o m a n E r n s t , C o u n c il w o m a n T j o r n h o m , a n d C o u n c i l m a n M c D o n a l d S T A FF P R E S E N T: T o d d G e r h a r d t , R o g e r K n u t s o n , L a u r i e H o kk a n e n , K a t e A a n e n s o n , P a u l O e h m e , a n d T o d d H o ff m a n P U B L I C ANN O UNC E M E N T S: N o n e . C O N S E N T A G E NDA: C o un c i l w o m a n T j o r n h o m m ov e d , C o un c i l m a n M c D o n a l d s ec o nd e d t o a pp r ov e t h e f o ll o w i n g c o n s e n t ag e nd a i t e m s pu r s u a n t t o t h e C i t y M a n ag e r ’s r e c o m m e nd a t i o n s: a . A pp r o v a l o f M i nu t e s : -C i t y C o u n c i l W o r k S e s s i o n M i nu t e s d a t e d J u l y 2 8 , 200 8 -C i t y C o u n c i l V e r b a t i m a n d S u mm a r y M i nu t e s d a t e d J u l y 28 , 200 8 R ec e i v e C o mmi ss i o n M i nu t e s : -P l a nn i n g C o m m i ss i o n V e r b a t i m a n d S u mm a r y M i n u t e s d a t e d J u l y 15 , 2008 -P a r k a n d R ec r ea t i o n C o mmi ss i o n S u mm a r y M i n u t e s d a t e d M a y 28 , 2008 c . A pp r o v a l o f A m e n d m e n t s t o C h a p t e r 2 0 o f t h e C i t y C o d e C o n ce r n i ng S i g n s . d . R e s o l u t i o n #2008 -44: A pp r o v a l o f R e s o l u t i o n O r d e r i n g A b a t e m e n t o f H aza r d o u s B u il d i ng s . e . R e s o l u t i o n #2008 -45: A pp r o v a l o f R e s o l u t i o n A p p o i n t i n g E l ec t i o n J udg e s . g . A pp r o v e C o n t r ac t f o r A r b o r e t u m B u s i n e ss P a r k 7 th A d d i t i o n , P h a s e II T r a il C o n s t r u c t i o n . A l l vo t e d i n f avo r a nd t h e m o t i o n c a rr i e d un a n i m o u s l y w i t h a v o t e o f 5 t o 0 . 1 B . A PP R O V E E N G I N E E R I N G C O N S U L T AN T C O N T RAC T F O R D O W N T O W N T RAN S I T S T A T I O N S I TE I M P R O V E M E N T S. C o u n c il w o m a n E r n s t r e qu e s t e d t h i s i t e m b e t a b l e d i n o r d e r f o r h e r t o t a k e t i m e t o u n d e r s t a n d t h e c o m p l e x i t i e s o f t h e p r o j e c t . M a y o r F u r l o n g e x p l a i n e d t h a t t h i s i s a n ece s s a r y s t e p i n t h e p r o ce ss w i t h t h e C i t y w o r k i n g a s a f ac i l i t a t o r b e t w ee n a ll t h e p a r t i e s i n v o l v e d . 36 C i t y C o u n c i l S u m m a r y - A ugu s t 11 , 200 8 2 C o un c i l w o m a n T j o r nh o m m ov e d , C o un c i l w o m a n T j o r nh o m s ec o nd e d t h a t t h e C i t y C o un c i l a pp r ov e t h e E n g i n ee r i n g C o n s u l t a n t c o n t r a c t w i t h K i m l e y -H o r n a nd A ss o c i a t e s , I n c . f o r t h e d o w n t o w n S o u t h w e s t T r a n s i t P a r k a nd R i d e f a c i l i t y s i t e i m p r ov e m e n t s . A l l vo t e d i n f avo r , e x ce p t C o un c i l w o m a n E r n s t w h o o pp o s e d , a nd t h e m o t i o n c a r r i e d w i t h a vo t e o f 4 t o 1 . V I S I T O R P R E S E N T A T I O N S: N o n e . C O UNC I L P R E S E N T A T I O N S: C o u n c il w o m a n E r n s t , a l o n g w i t h C o u n c i l w o m a n T j o r n h o m a n d M a y o r F u r l o n g , c o mm e n t e d o n t h e n e i g h b o r h o o d e v e n t s w h i c h w e r e h e l d f o r N a t i o n a l N i g h t O u t o n T u e s d a y e v e n i ng , A ug u s t 5 th . AD M I N I S T RA T I V E P R E S E N T A T I O N S: T o d d G e r h a r d t t h a n k e d t h e l o c a l T a r g e t f o r t h e i r c o r p o r a t e s p o n s o r s h i p i n t h e c o mm u n i t y a n d N a t i o n a l N i g h t O u t , a l o n g w i t h upd a t e s o n c o n s t r u c t i o n p r o j e c t s a n d t h e W a t e r W i s e P r o g r a m . C O RR E S P O ND E N C E D I S CU SS I O N. M a y o r F u r l o n g d i s c u s s e d m u t u a l a i d i n r e s p o n s e t o t h e l e tt e r f r o m t h e C i t y M a n a g e r o f E d e n P r a i r i e . C o un c i l w o m a n E r n s t m ov e d , C o un c i l m a n M c D o n a l d s ec o nd e d t o a d j o u r n t h e m ee t i n g . A l l vo t e d i n f avo r a nd t h e m o t i o n c a rr i e d un a n i m o u s l y w i t h a v o t e o f 5 t o 0 . T h e C i t y C o un c i l m ee t i n g w a s a d j o u r n e d a t 7 :2 5 p .m . S ub m i tt e d b y T o dd G e r h a r d t C i t y M a n a g e r P r e p a r e d b y N a n n O p h e i m 37 C H AN H A SS E N C I T Y C O UNC I L R E G U L AR M EET I N G AU G U S T 11 , 200 8 M ayo r F u r l o n g c a l l e d t h e m ee t i n g t o o r d e r a t 7 :05 p .m . T h e m ee t i n g w a s o p e n e d w i t h t h e P l e d g e t o t h e F l ag . C O UNC I L M E M B E R S P R E S E N T: M a y o r F u r l o n g , C o u n c i l m a n L i t s e y , C o u n c i l w o m a n E r n s t , C o u n c il w o m a n T j o r n h o m , a n d C o u n c i l m a n M c D o n a l d S T A FF P R E S E N T: T o d d G e r h a r d t , R o g e r K n u t s o n , L a u r i e H o kk a n e n , K a t e A a n e n s o n , P a u l O e h m e , a n d T o d d H o ff m a n P U B L I C ANN O UNC E M E N T S: N o n e . C O N S E N T A G E NDA: C o un c i l w o m a n T j o r n h o m m ov e d , C o un c i l m a n M c D o n a l d s ec o nd e d t o a pp r ov e t h e f o ll o w i n g c o n s e n t ag e nd a i t e m s pu r s u a n t t o t h e C i t y M a n ag e r ’s r e c o m m e nd a t i o n s: a . A pp r o v a l o f M i nu t e s : -C i t y C o u n c i l W o r k S e s s i o n M i nu t e s d a t e d J u l y 2 8 , 200 8 -C i t y C o u n c i l V e r b a t i m a n d S u mm a r y M i nu t e s d a t e d J u l y 28 , 200 8 R ec e i v e C o mmi ss i o n M i nu t e s : -P l a nn i n g C o m m i ss i o n V e r b a t i m a n d S u mm a r y M i n u t e s d a t e d J u l y 15 , 2008 -P a r k a n d R ec r ea t i o n C o mmi ss i o n S u mm a r y M i n u t e s d a t e d M a y 28 , 2008 c . A pp r o v a l o f A m e n d m e n t s t o C h a p t e r 2 0 o f t h e C i t y C o d e C o n ce r n i ng S i g n s . d . R e s o l u t i o n #2008 -44: A pp r o v a l o f R e s o l u t i o n O r d e r i n g A b a t e m e n t o f H aza r d o u s B u il d i ng s . e . R e s o l u t i o n #2008 -45: A pp r o v a l o f R e s o l u t i o n A p p o i n t i n g E l ec t i o n J udg e s . g . A pp r o v e C o n t r ac t f o r A r b o r e t u m B u s i n e ss P a r k 7 th A d d i t i o n , P h a s e II T r a il C o n s t r u c t i o n . A l l vo t e d i n f avo r a nd t h e m o t i o n c a rr i e d un a n i m o u s l y w i t h a v o t e o f 5 t o 0 . 1 B . A PP R O V E E N G I N E E R I N G C O N S U L T AN T C O N T RAC T F O R D O W N T O W N T RAN S I T S T A T I O N S I TE I M P R O V E M E N T S. C o u n c il w o m a n E r n s t : I ’d a c t u a ll y l i k e t o t a b l e t h i s i t e m j u s t b eca u s e i t ’s a v e r y c o m p l e x p r o j e c t a n d b a s e d o n t h e i n f o r m a t i o n t h a t I r ea d i n t h e p ac k e t , p l u s a l l t h e qu e s t i o n s t h a t I ’v e a s k e d T o d d , I j u s t w a n t t o m a k e s u r e t h a t I u n d e r s t a n d t h e c o m p l e x i t i e s o f t h i s p r o j e c t . A n d I k n o w t h a t t h e r e qu e s t i s t o a pp r o v e 22 .5 I b e li e v e f o r t h e f ea s i b ili t y s t u d y , a n d I j u s t , I w a n t t o u n d e r s t a n d w h a t 38 C i t y C o u n c i l M ee t i n g - A ugu s t 11 , 200 8 2 o u r v i s i o n i s . W h a t i s t h e d e v e l op m e n t t h a t w e ’r e l o o k i n g f o r a n d j u s t i f y i ng t h e m o n e y t h a t w e ’r e s p e n d i ng . M a y o r F u r l o n g : A l r i g h t . W e ll m a y b e , i f w e c a n j u s t a l l o w s t a f f t o e x p a n d up o n t h e s t a f f r e p o r t a t t h i s p o i n t . M r . G e r h a r d t , d o y o u w a n t t o , w e t a l k e d a b o u t t h i s a t o u r w o r k s e s s i o n . T o d d G e r h a r d t : Y ea h . R ea l l y t h e f i r s t p h a s e i s t o do t h e f e a s i b il i t y s t u d y a n d a t o u r l a s t C i t y C o u n c il w o r k s e s s i o n s t a f f p r o p o s e d a r e d e v e l op m e n t p l a n t h a t w o u l d b a s i c a ll y i n c o r p o r a t e b u i l d i ng a r o a d t o acce ss p a r k a n d r i d e f a c il i t y , b u t w e g a v e s o m e r e a l l y r o ug h e s t im a t e s a n d f o r u s t o r ea l l y k n o w t h e t r u e c o s t o f t h a t , w e n ee d t o d o a f e a s i b il i t y s t u d y . A n d t h a t ’s k i n d o f w h a t w e ’r e b a c k a s k i ng f o r t o d a y a n d I k n o w i t ’s a c o n t r ac t f o r b a s i c a ll y $180 ,000 b u t r ea l l y t h e n e x t s t e p s i n t h a t 180 ca nn o t b e acc o m p li s h e d u n t il y o u do t h e f e a s i b il i t y s t u d y a n d a c ce p t i t a n d d i r ec t s t a f f t o g o a h ea d a n d p r e p a r e p l a n s a n d s p e c s . W h e n y o u g e t i n t o t h e p l a n s a n d s p e c s s t a g e , t h a t ’s w h e r e y o u ’r e g o i n g t o n ee d a l l t h e s p ec i a l s e r v i c e s s u c h a s b i d d i ng s e r v i c e s , a ss e s s m e n t r o ll p r e p a r a t i o n , s u r v e y w o r k , g e o t ec h n i c a l e x p l o r a t i o n . E s t a b li s h i ng r i g h t -o f -w a y s a n d e a s e m e n t s . M a t e r i a l t e s t i n g . Y o u k n o w t h o s e t h i n g s a r e b a s i c a ll y g o i n g t o r u n y o u r l a r g e r d o ll a r a m o u n t s . W h a t w e ’r e a s k i ng f o r t o n i g h t i s t o d o w h a t i s c a l l e d a f e a s i b il i t y s t u d y s t a g e , a n d t h a t ’s t o c o m e i n a n d r e a l l y e v a l u a t e t h e s i t e . W h e r e a r e t h e s e w e r a n d w a t e r li n e s ? W h e r e w i l l t h e f u t u r e s e w e r a n d w a t e r li n e s b e ? W h e r e i s t h e b e s t s po t t o p u t t h a t r o a d a l i g n m e n t ? A n d t h e n t h e e n g i n e e r s w i l l u s e t o d a y ’s c o n s t r u c t i o n do l l a r s t o d e t e r mi n e a b udg e t . 2 w ee k s a go I g a v e y o u k i n d o f o f f o f c u ff b udg e t a n d I t h i n k I pu t a n a s t e r i s k b y t h a t , d e p e n d i n g o n h o w t h e f ea s i b il i t y s t u d y c o m e s o u t , y o u k n o w t h e s e n u m b e r s m a y c h a n g e . S o i f y o u w o u l d li k e t o h a v e m o r e o f a c o n ce p t u a l d i s c u s s i o n r e g a r d i n g t h e p r o j ec t i t s e l f , i f i t ’s s o m e t h i n g y o u s t ill w a n t t o d o o r n o t d o , y o u k n o w w e ca n g o b ac k t h r o ug h t h a t a g a i n a n d pu t t h a t o n a w o r k s e s s i o n . C o u n c il w o m a n E r n s t : W e l l I t h i n k w e h a d r o ugh l y w h a t , 2 0 mi nu t e s , a h a l f a n h o u r t o s p e n d t h a t w e ac t u a ll y d i d s t u f f . F o r m e p e r s o n a l l y I ’d j u s t li k e t o h a v e m o r e t im e b e c a u s e l i k e I s a i d , I m e a n i t ’s o v e r , i n e x ce s s o f a o n e mi ll i o n d o ll a r p r o j ec t . T o d d G e r h a r d t : C o r r e c t . C o u n c il w o m a n E r n s t : I m e a n i f w e ’r e g o i n g t o , i f w e a r e s e r v i n g a s a , i f t h e c i t y i s s e r v i n g a s b a s i c a ll y a b a n k , l e n d e r s t o , l e n d u s m o n e y a n d w e ’r e e x p e c t i n g t o c o ll e c t i t b ac k i n a s s e ss m e n t s o v e r a 10 y ea r p e r i o d o f t im e , I m ea n t h i s j u s t s o u n d s v e r y c o m p l e x . I m e a n w e ’r e t a l k i ng a b o u t c r ea t i n g T I F ’s a n d t h a t s o r t o f t h i n g a n d I j u s t I w a n t t o u n d e r s t a n d . M a y o r F u r l o n g : Y ea h , I t h i n k w e d i d t a l k a b o u t i t i n a w o r k s e s s i o n , t h e c o n ce p t o f t h i s d e v e l op m e n t a n d f o r t h o s e w a t c h i n g a t h o m e , w h a t t h i s i s r e l a t i n g t o i s t h e p r o p o s e d e x p a n s i o n o f t h e d o w n t o w n p a r k a n d r i d e f ac i l i t y t o i n c l ud e , f r o m t h e c u rr e n t 12 0 s t a ll s t h a t a r e a v a i l a b l e t h r o ug h S o u t h w e s t T r a n s i t , t o i n c l ud e a 450 s t a f f p a r k i n g r a m p . I t i s a p r o j ec t t h a t h a s b e e n c o o r d i n a t e d r ea l l y , t h e C i t y ’s ac t i n g a s a f a c il i t a t o r h e r e t o h e l p w i t h t h e p r o p e r t y o w n e r s , S o u t h w e s t T r a n s i t a s w e ll a s B l o o m b e r g C o m p a n i e s i n t h e a r ea , r ea l l y t o ca p t u r e a $7 mi ll i o n f e d e r a l i nv e s t m e n t i n t o t r a n s i t i n t o C h a n h a s s e n . O bv i o u s l y t h e e x p a n s i o n o f t r a n s i t o p p o r t u n i t i e s f o r o u r r e s i d e n t s a n d o t h e r s , e s p e c i a ll y i n t h i s t im e o f r i s i ng f u e l c o s t s a n d g a s p r i ce s , I t h i n k d e m a n d o n t r a n s i t w e k n o w i s g o i n g up . I t ’s a l s o g o i n g t o p r o m o t e t h e ec o n o mi c d e v e l op m e n t o f d o w n t o w n s o f r o m a c o n ce p t u a l s t a n dp o i n t t h e r e a r e a l o t o f go o d f ac t o r s h e r e . A n d a g a i n t h e 39 C i t y C o u n c i l M ee t i n g - A ugu s t 11 , 200 8 3 C i t y ’s r o l e , a s w e d i s c u s s e d a n d I f u ll y e x p ec t t h e r e w ill b e a n u m b e r o f o ppo r t un i t i e s a s t h i s p r o j ec t m o v e s f o r w a r d f o r u s t o t a l k a t w o r k s e s s i o n s , a s w e l l a s t h e r e w ill b e i t e m s b e f o r e u s p e r i od i c a ll y a t t h e c o u n c i l m ee t i n g s s t a n dp o i n t t o m a k e d e c i s i o n s o n , b u t i t ’s s o m e t h i n g t h a t w e n ee d t o s t a r t m o v i ng f o r w a r d a n d t y p i ca l w i t h t h e s e t y p e s o f p r o j ec t s , y o u w a n t t o g e t s o m e go o d e s t im a t e s o f w h a t t h e c o s t s a r e g o i n g t o b e s o t h a t t h e p a r t i e s i n v o l v e d k n o w w h a t t h e c o s t s a r e . S o t h e C i t y k n o w s w h a t t h e c o s t s a r e a n d t h i s i s k i n d o f t h e n e x t s t e p t o m o v e f o r w a r d . I t h i n k w e a l l a g r ee d t h a t t h i s w a s , f r o m a c o n ce p t s t a n dpo i n t , a g o o d i n v e s t m e n t f o r a v a r i e t y o f s t a n dp o i n t s i n t h e c i t y a n d o u r r o l e a s f a c il i t a t o r s i s t o s t a r t m o v i ng t h a t a l o n g s o . I u n d e r s t a n d t h e qu e s t i o n s i n t e r m s o f t h e r e a r e m o r e qu e s t i o n s t o b e d i s c u s s e d a n d a s k e d , a n d s u c h b u t I t h i n k w e s h ou l d m o v e a l o n g t h i s p r o ce ss a n d g e t i t s t a r t e d b eca u s e t h e r e a r e , t h e r e a r e t i m e f r a m e s t h a t t h e p a r t i e s a r e w o r k i n g u n d e r t h a t w e n ee d t o b e a w a r e o f a s w e l l a n d s o I t h i n k i t m a k e s s e n s e t o go f o r w a r d t o n i g h t w i t h t h i s p o r t i o n o f t h e i n v e s t m e n t . T o s t a r t t h a t f e a s i b il i t y s t u d y . T h a t d o e s n ’t m e a n t h a t w e ’r e n o t g o i n g t o t a l k a b o u t t h e f e a s i b il i t y s t u d y w h e n t h a t c o m e s b a c k . T h a t ’s , t h a t a n d o t h e r f ac t o r s a r e g o i n g t o b e b ac k o n a w o r k s e s s i o n a g e n d a s a s w e ll a s c o u n c i l a g e n d a s i n t h e f u t u r e s o . I d o n ’t k n o w i f t h a t h e l p s y o u t o n i g h t o r n o t b u t I u n d e r s t a n d y o u r p o i n t b u t I t h i n k , a n d I h ea r w h a t y o u ’r e s a y i ng t o m a k e s u r e t h a t w e h a v e e n o ug h t im e t o t a l k a b o u t a ll t h e o p t i o n s a n d w h y w e ’r e u s i n g s o m e o f t h e t o o l s i n o u r t o o l b o x a s a c i t y t o h e l p f a c il i t a t e t h i s , a n d t h a t ’s r e a l l y o u r r o l e t h a t w e ’r e p l a y i ng h e r e . I t ’s a m a j o r i n v e s t m e n t i n o u r d o w n t o w n . I t ’s g o i n g t o e x p a n d t r a n s i t . P r o m o t e e c o n o mi c d e v e l o p m e n t s o I t h i n k i t ’s w o r t h w h i l e f o r u s t o k ee p m o v i ng f o r w a r d a t t h i s p o i n t . S o I d o n ’t k n o w i f t h e r e ’s o t h e r d i s c u s s i o n o n t h i s a t t h i s p o i n t . C o u n c i l m a n L i t s e y : I a g r ee . M a y o r F u r l o n g : W ou l d s o m e b od y li k e t o m o v e f o r w a r d w i t h a m o t i o n ? C o u n c i l m a n L i t s e y : Y ea h , n o I a g r ee . I t h i n k w e n ee d t h i s f e a s i b il i t y s t u d y . I t ’s n e c e s s a r y t o t a k e t h a t n e x t s t e p . I ca n ’t r ea l l y m a k e a w h o l e l o t m o r e d e c i s i o n s a b o u t t h e p r o j ec t u n t i l w e g e t s o m e c o s t s a n d s o m e , m o v e t o t h a t n e x t s t e p s o I ’m h a p p y t o m o v e f o r w a r d . M a y o r F u r l o n g : Y o u w a n t t o m a k e a m o t i o n t o a d o p t t h e r ec o mm e n d a t i o n ? C o u n c i l m a n L i t s e y : S u r e , y e a h . N o , I ’d b e h a p p y t o m a k e a m o t i o n t o a pp r o v e a c o n s u l t a n t c o n t r a c t w i t h K i m b e r l y -H o r n a n d A ss o c i a t e s I n c o r p o r a t e d f o r t h e d o w n t o w n S o u t h w e s t T r a n s i t P a r k a n d R i d e f a c i l i t y s i t e i m p r o v e m e n t s . M a y o r F u r l o n g : O k a y , t h a n k y o u . I s t h e r e a s ec o n d ? C o u n c il w o m a n T j o r n h o m : S ec o n d . M a y o r F u r l o n g : O k a y . A n y o t h e r d i s c u s s i o n ? C o un c i l m a n L i t s e y m ov e d , C o un c i l w o m a n T j o r nh o m s ec o nd e d t h a t t h e C i t y C o un c i l a pp r ov e t h e E n g i n ee r i n g C o n s u l t a n t c o n t r a c t w i t h K i m l e y -H o r n a nd A ss o c i a t e s , I n c . f o r t h e d o w n t o w n S o u t h w e s t T r a n s i t P a r k a nd R i d e f a c i l i t y s i t e i m p r ov e m e n t s . A ll vo t e d i n f av o r , e x ce p t C o un c i l w o m a n E r n s t w h o o pp o s e d , a n d t h e m o t i o n c a rr i e d w i t h a vo t e o f 4 t o 1 . 40 C i t y C o u n c i l M ee t i n g - A ugu s t 11 , 200 8 4 T o d d G e r h a r d t : M a y o r , I j u s t w a n t t o a d d a c o up l e o f p o i n t s h e r e . A g a i n , t h e r e a r e g o i n g t o b e m a n y c h ec k -i n p o i n t s a l o n g t h e w a y a n d I w ill d o m y d a r n e s t t o m a k e s u r e t h a t t h o s e a l l o cc u r a n d I’m a v a i l a b l e a n y t im e t o t a l k a b o u t t h i s p r o j e c t w i t h a n y o f t h e c o u n c il m e m b e r s . T h e r e ’s b e e n n u m e r o u s m ee t i n g s w i t h b o t h S o u t h w e s t T r a n s i t a n d B l o o m b e r g C o m p a n i e s , w h o a r e t h e p r im a r y i n d i v i d u a l s t h a t a r e g o i n g t o b e a ss e ss e d 1 00 % o f t h e c o s t f o r t h e p r o j ec t . H o w e v e r , t h e r e i s a ca v ea t t o B l oo m b e r g C o m p a n i e s t h a t w e w o u l d p r o v i d e t h e m p o t e n t i a ll y T I F a s s i s t a n ce i f , a n d t h a t ’s t a x i n c r e m e n t f i n a n c i ng . S o rr y a b o u t t h e ac r o n y m . I f t h e y w ou l d c r ea t e d e v e l op m e n t i n t h e a r ea , e nh a n c e t h e t a x b a s e a n d t h o s e n e w t a x e s g e n e r a t e d w o u l d b e u s e d t o w r i t e d o w n t h e i r a ss e s s m e n t s , s o t h e r e ’s k i nd o f a ca rr o t t h a t i s p r o v i d e d a s a p a r t o f t h i s . S o I j u s t w a n t e d t o m a k e s u r e t h a t t h a t c o mm e n t w a s m a d e a s a p a r t o f t h e o v e r a l l p r o j ec t . S o a n yb od y i n t e r e s t e d i n t h e pub l i c w ou l d w a n t t o c a l l m e a n d t a l k a b o u t t h e p r o j ec t , I ’m a v a i l a b l e t o d o s o . M a y o r F u r l o n g : O k a y , t h a n k y o u . V I S I T O R P R E S E N T A T I O N S: N o n e . C O UNC I L P R E S E N T A T I O N S: C o u n c il w o m a n E r n s t : I w o u l d j u s t li k e t o m a k e a f e w c o mm e n t s o n o u r N a t i o n a l N i g h t O u t . I t w a s v e r y s u c c e s s f u l . I gu e ss w e h a d a b o u t 60 r e s i d e n t s w i t h o u r N a t i o n a l N i g h t O u t , a n d w e h a d r oo t b ee r f l o a t s a n d t h e f i r e e n g i n e s h o w e d up I b e l i e v e a t a b o u t 6 :3 0 . S o m e t h i ng li k e t h a t . S o i t w a s a v e r y s u cc e s s f u l e v e n t a n d I t h a n k B e t h a n d e v e r y o n e f o r t h e i r e f f o r t s i n m a k i ng o u r c i t y s u cce ss f u l w i t h o u r N a t i o n a l N i g h t O u t . M a y o r F u r l o n g : G o o d , t h a n k y o u . A n y o t h e r qu i c k c o mm e n t s ? I k n o w B e t h a n y y o u a t t e n d e d s o m e o f t h e p a r t i e s a s w e l l . C o u n c il w o m a n T j o r n h o m : I d i d . I t w a s f u n t o g e t o u t a n d h ea r r e s i d e n t s , s ee w h a t t h e y ’r e t h i n k i ng a n d w h a t I w a s r ea l l y p l e a s e d a b o u t w a s t h a t t h e y w e r e r e a l p l e a s e d a b o u t t h e i r l i f e i n C h a n h a s s e n ac t u a l l y . I g a v e i t e v e r y t a l k , e v e r y o pp o r t u n i t y i n t h e w o r l d t o t e ll m e s o m e t h i n g b a d a n d i t w a s j u s t a l l p o s i t i v e a f f i r m a t i o n s a b o u t w h a t ’s g o i n g o n w i t h t h e i r f a mil i e s a n d t h e i r l i v e s i n t o w n du e t o t h e p a r k s y s t e m s . D u e t o t h e e du ca t i o n s y s t e m s . D u e t o j u s t e v e r y t h i ng . I t h i n k w e a r e b l e s s e d t o li v e i n t h i s t o w n o f C h a nh a ss e n . M a y o r F u r l o n g : T h a n k y o u . I h a d t h e o p p o r t u n i t y a s w e l l t o r i d e w i t h S e r g ea n t A n d e r l e y t o 5 o r 6 p a r t i e s . W e w e r e k i n d o f h i t t i n g s o m e t h a t o t h e r s h a d a l r ea d y g o n e t o b u t t h e r e w e r e i ss u e s a n d i t w a s a go o d e v e n i ng s o . S e r g ea n t A n d e r l e y ’s h e r e i n t h e a u d i e n ce . I w a n t t o t h a n k h im f o r t a k i n g t im e w i t h m e t o a n s w e r s o m e o f m y qu e s t i o n s o n t h e r i d e a s w e ll a s h i s t im e t o g e t o u t t h e r e a n d m ee t t h e r e s i d e n t s s o i t w a s a go o d e v e n i n g . I a g r ee w i t h y o u . C o u n c il w o m a n T j o r n h o m : D i d y o u g e t t o d r i v e t h e ca r M a y o r ? M a y o r F u r l o n g : N o . 41 C i t y C o u n c i l M ee t i n g - A ugu s t 11 , 200 8 5 C o u n c il w o m a n T j o r n h o m : T h e y d i d n ’t l e t m e d r i v e e i t h e r . M a y o r F u r l o n g : I d i d n ’t e v e n g e t t o p u t t h e s i r e n o n . C o u n c i l m a n L i t s e y : W e r e y o u i n t h e f r o n t o r b ac k s ea t ? M a y o r F u r l o n g : I w a s i n f r o n t . C o u n c il w o m a n T j o r n h o m : I a c t u a l l y w a s i n t h e b a c k s ea t . T o d d G e r h a r d t : N o t t h a t y o u h a d t o b e . C o u n c il w o m a n T j o r n h o m : N o , I c h o s e , y e s . M a y o r F u r l o n g : C o u n c il w o m a n E r n s t , t h a n k s f o r b r i n g i n g t h a t up . I t h i n k w e h a d 45 p a r t i e s . N e i g h b o r h oo d p a r t i e s t h i s y ea r , w h i c h i s t h e m o s t w e ’v e h a d a n d a tt e n d a n ce a t a l l t h e p a r t i e s t h a t w e w e n t t o , w e w e r e t o l d t h a t a t t e n d a n ce w a s h i g h e r t h a n t h e y h a v e b e e n i n t h e p a s t s o t h a t t e ll s m e t h a t n o t o n l y w e r e t h e r e m o r e p a r t i e s , b u t m o r e p e o p l e i n a tt e n d a n ce a t t h e p a r t i e s a s w e l l s o v e r y g oo d c o mm e n t s . A n y t h i ng e l s e f r o m c o u n c il p r e s e n t a t i o n s ? AD M I N I S T RA T I V E P R E S E N T A T I O N S: T o d d G e r h a r d t : J u s t o n e t h i n g t o a dd o n t h e N a t i o n a l N i g h t O u t . I w a n t t o t h a n k T a r g e t h e r e l o c a ll y . T h e y c o n t r i b u t e d $400 k i n d o f i n t h e l a s t m i nu t e t o h e l p c o v e r s o m e o f t h e c o s t s f o r N a t i o n a l N i g h t O u t s o t h e y ’v e b e e n a g r ea t s p o n s o r f o r u s. A n d e v e n c o r p o r a t e l y t h e y k i nd o f a d v e r t i s e N a t i o n a l N i g h t O u t a s t h e y ce l e b r a t e d t h e i r 25 th a nn i v e r s a r y s o b i g t h a n k s t o t h e m f o r g i v i ng b a c k t o t h e c o mm u n i t y l i k e t h a t . C o n s t r u c t i o n p r o j ec t s , L a r e d o ’s m o v i ng a l o n g n i c e l y . I t ’s s t i l l o u r h o p e t o g e t s o m e b l a c k t o p d o w n t o t h e s c h oo l b e f o r e s c h oo l o p e n s a n d y o u k n o w t h e w ea t h e r h a s b e e n g r ea t t o b u il d r o a d s . A l s o a t h a nk y o u t o t h e C h a nh a s s e n B a n k f o r p u t t i n g up f o r t h e i n c o nv e n i e n ce w i t h t h e i r d r i v e t h r u . T h e r e w e r e s o m e t im e s w h e r e w e h a d t o c l o s e t h e d r i v e t h r u l a n e s d o w n a n d h a d t o c i r c l e a r o u n d a n d c o m e b a c k o u t s o a b i g t h a n k s f o r t h e m a n d a pp r e c i a t e t h e i r e f f o r t s i n pu t t i n g up w i t h o u r i n c o n v e n i e n c i ng t h e i r p a t r o n s a s t h e y u s e t h e d r i v e t h r u a n d t h e ca s h m a c h i n e . I t h i n k o u r a d v e r t i s i ng o f t h e W a t e r W i s e p r o g r a m i s w o r k i n g w e ll . W e ’v e b e e n u n d e r t h e 7 m il l i o n g a l l o n m a r k p e r d a y s o l a s t y ea r a t t h i s t im e w e w e r e pu s h i ng a l m o s t 9 m ill i o n s o b i g t h a n k s t o t h e c o m m u n i t y f o r h e l p i ng o u t o n t h e W a t e r W i s e P r o g r a m a n d m a n a g i ng o u r w a t e r s y s t e m . I h a v e n ’t h a d a c h a n c e t o t a l k t o P e t e y e t t o d a y b u t l a s t w ee k w e h a d a p r e t t y q u i e t w ee k i n t o w n . N o t h i n g m a j o r go i ng o n f r o m a l a w e n f o r c e m e n t s t a n dp o i n t s o . I t h i n k t h e r e w a s s o m e n e w s o n M i n n e a p o li s h a v i n g c r im e r a t e s d o w n d o ub l e d i g i t s t h i s l a s t y ea r a n d I t h i n k w e ’r e s e e i ng s o m e o f t h a t e ff ec t o u t i n t h e s u b u r b a n a r ea s t oo s o . W i t h t h a t , t h a t ’s a l l I h a v e . M a y o r F u r l o n g : T h a n k y o u . A n y qu e s t i o n s f o r M r . G e r h a r d t o r s t a ff ? O k a y , t h a n k y o u . C O RR E S P O ND E N C E D I S CU SS I O N. 42 C i t y C o u n c i l M ee t i n g - A ugu s t 11 , 200 8 6 M a y o r F u r l o n g : T h e r e ’s o n e c o mm e n t t h a t I ’d li k e t o m a k e . T h e f i r s t l e tt e r i n t h e p ac k e t i s f r o m t h e c i t y m a n a g e r o f E d e n P r a i r i e . M r . N ea l , c o m p li m e n t i n g o r t h a n k i ng t h e C i t y o f C h a n h a s s e n i n h i s l e tt e r a dd r e ss e d t o o u r C i t y M a n a g e r . R e a l l y f o r o u r r e s p o n s e f r o m o u r f i r e d e p a r t m e n t t o a s s i s t o n a r e s c u e . T h i s i s p a r t o f a m u t u a l a i d s e r v i ce a g r e e m e n t s t h a t w e h a v e w i t h o u r n e i g h b o r i n g c i t i e s . I h a d t h e o cca s i o n t o m e e t w i t h m a y o r s f r o m C h a s k a a n d V i c t o r i a a n d W a c o n i a a n d t h a t c a m e up a s p a r t o f o u r d i s c u ss i o n . I t h i n k a l l o f t h e m , a s w e l l a s I k n o w t h i s c o u n c il a n d s t a f f r e a l l y a pp r e c i a t e t h e w o r k t h a t o u r f i r e f i g h t e r s d o i n r e s p o n d i n g t o ca ll s i n o u r n e i g h b o r i n g c i t i e s , a n d t h e r e h a v e b e e n o cca s i o n s I t h i n k j u s t a f e w w ee k s b ac k w h e n w e h a d a c o up l e l i g h t n i n g s t r i k e s . W i t h i n a m a tt e r o f a f e w m i nu t e s i n o u r c i t y , t w o s t r u c t u r e f i r e s i n o u r c i t y a n d w e h a d o t h e r f i r e d e p a r t m e n t s r e s p o n d i n g t o o u r c i t y t o h e l p u s s o h a v i ng t h e s e a g r e e m e n t s . O n e , i t ’s v e r y n i ce t h a t t h e C i t y o f E d e n P r a i r i e s e n t a t h a n k y o u , a n d w e d o a pp r e c i a t e t h a t . I h o p e t h i s h a s b e e n p a ss e d o n M r . G e r h a r d t t o o u r f i r e d e p a r t m e n t , b u t h a v i ng t h i s m u t u a l a i d r e a l l y d o e s c r ea t e , a n d t h e w a y t h a t t h e f i r e d e p a r t m e n t s w o r k i n s u c h a c o o p e r a t i v e m a n n e r , r ea l l y k ee p s a ll o f u s s a f e r s o I j u s t w a n t e d t o p o i n t t h a t o u t a n d t h a n k t h e f i r e d e p a r t m e n t a n d u s i n g t h i s o cca s i o n t o d o t h a t . T o d d G e r h a r d t : Y ea h , I m e a n t h e i r s e r v i c e e x p a n d e d o u t s i d e o u r f i r e d e p a r t m e n t . O u r u t i l i t y d e p a r t m e n t w a s a l s o c a ll e d i n a n d p l a y e d a k e y r o l e i n t h i s . T h e r e w a s a u t il i t y t r e n c h t h a t c o ll a p s e d w i t h a w o r k e r i n s i d e t h e t r e n c h a n d t h e y n ee d e d o u r V ac t r u c k t o s u c k t h e d i r t o u t t o t r y t o f r ee h im f r o m t h a t t r e n c h s o w e p r o b a b l y h a d 2 o r 3 o f o u r u t il i t y o p e r a t o r s o v e r t h e r e o p e r a t i n g o u r V ac t r u c k . S o i t ’s g r ea t w h e n y o u ca n s a v e i n d i v i d u a l s f r o m t h e s e t y p e s o f ac c i d e n t s s o t h a t ’s w h y I cc ’d P a u l O e h m e o n t h i s o n e , a n d G r e gg G e s k e , C h i e f G e s k e , b eca u s e o f t h e u t il i t y o p e r a t o r s b e i n g a v a i l a b l e a n d h a v i ng o u r V ac t r u c k o v e r t h e r e . M a y o r F u r l o n g : N e i g h b o r s h e l p i ng n e i g h b o r s . T h a n k y o u . A n y t h i ng e l s e o n t h e c o r r e s p o n d e n c e p ac k e t ? D i s c u s s i o n ? V e r y g oo d . I f t h e r e ’s n o t h i n g e l s e t o c o m e b e f o r e t h e c o u n c il t h i s e v e n i ng . I s t h e r e a m o t i o n t o a d j o u r n ? C o un c i l w o m a n E r n s t m ov e d , C o un c i l m a n M c D o n a l d s ec o nd e d t o a d j o u r n t h e m ee t i n g . A l l vo t e d i n f avo r a nd t h e m o t i o n c a rr i e d un a n i m o u s l y w i t h a v o t e o f 5 t o 0 . T h e C i t y C o un c i l m ee t i n g w a s a d j o u r n e d a t 7 :2 5 p .m . S ub m i tt e d b y T o dd G e r h a r d t C i t y M a n a g e r P r e p a r e d b y N a n n O p h e i m 43 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES AUGUST 5 2008 Chairman Papke called the meeting to order at 7 00 p m MEMBERS PRESENT Kurt Papke Kevin Dillon Kathleen Thomas Debbie Larson Mark Undestad Denny Laufenburger and Dan Keefe STAFF PRESENT Bob Generous Senior Planner Sharmeen Al Jaff Senior Planner and Terry Jeffery Water Resources Coordinator PUBLIC HEARING BEDDOR REGISTERED LAND SURVEY REQUEST FOR APPROVAL OF A REGISTERED LAND SURVEY FOR PROPERTIES LOCATED AT 950 910 PLEASANT VIEW ROAD APPLICANT FORTIER ASSOCIATES INC MARILYN BEDDOR PLANNING CASE 07 13 Sharmeen Al Jaff presented the staff report on this item Chairman Papke asked staff to explain why this item was back before the Planning Commission before opening the public hearing No one spoke and the public hearing was closed Keefe moved Thomas seconded that the Planning Commission recommend approval of the attached Registered Land Survey referred to as RLS 123 All voted in favor and the motion carried unanimously with a vote of 7 to 0 PUBLIC HEARING SCHNEIDER DOCK REQUEST FOR A VARIANCE AND A WETLAND ALTERATION PERMIT TO INSTALL A DOCK ON PROPERTY LOCATED AT 640 PLEASANT VIEW ROAD OUTLOT A REICHERT S ADDITION APPLICANT GARY CYNTHIA SCHNEIDER PLANNING CASE 08 15 Public Present Name Address Gary Cynthia Schneider 640 Pleasant View Road Dave Valerie Rossbach 670 Pleasant View Road Terry Jeffery presented the staff report on this item Commissioner Dillon asked for clarification on the placement of the existing dock versus the proposed dock Commissioner Larson asked whether or not the dock was in compliance Commissioner Keefe asked for clarification on the relationship between this lot and the rights associated with Outlot B Chairman Papke asked if precedence had been set for this type of request The applicant Gary Schneider talked about the history of the property discussions and agreements with the neighbor Pete Thielen regarding 44 Planning Commission Summary August 5 2008 the location of the docks Chairman Papke opened the public hearing Dave Rossbach expressed concern with the amount of chemicals needed to treat the lake in order to give boat access to the dock Valerie Rossbach 670 Pleasant View Road and part of the Near Mountain Lake Homeowners Association clarified that the proposed dock rights if approved will go with the property after it is sold by Mr and Mrs Schneider When the Near Mountain Lake Homeowners Association asked for a second dock the Schneiders voted against the second dock and she provided history on the ownership of Outlot A and it s intended use along with the fact that Mr Schneider installed a dock before getting permission Chairman Papke closed the public hearing After discussion and comments from the commission the following motion was made Dillon moved Larson seconded that the Planning Commission recommends that the City Council approve a variance from the 10 foot dock setback zone for the placement of a dock on a lot zoned Single Family Residential RSF which will extend through the 10 foot dock setback zone and 51 feet past the lot line extended and that the Planning Commission recommends that the City Council approve a Wetland Alteration Permit to issue a Decision of No Net Loss of Wetland Function and Values based upon the attached Findings of Fact and subject to the following conditions 1 No aquatic vegetation is to be removed by uprooting of the vegetation The applicant may cut only that vegetation which is necessary for the placement of the dock the mooring of the boat and the navigation of the boat to open water The vegetation shall be cut at a height equal to the bottom of the dock or at a depth of the propeller 2 The dock shall be installed eight 8 inches above the Ordinary High Water Elevation 3 The dock shall be no wider than the current three and one half 3 5 feet as shown on the survey submitted by the applicant 4 The dock shall be shortened by thirteen 13 feet from what is shown on the survey to allow for a minimum separation between docks of twenty 20 feet 5 The boat shall be docked as close to the lakeside end of the dock as possible so as to minimize the disturbance of aquatic vegetation for the docking of the boat 6 No more than one watercraft may be docked on the subject property 7 No fill or excavation may occur within the jurisdictional wetland boundaries or below the ordinary high water elevation of Lotus Lake except for the fill associated with the minimum number of posts necessary to maintain a safe dock 8 The applicant shall abide by all applicable provisions of Chapter 6 and Chapter 20 of the Chanhassen City Code 9 Require an amendment to the development contract to allow storage of one overnight boat 2 45 Planning Commission Summary August 5 2008 All voted in favor except for Commissioner Keefe who opposed and the motion carried with a motion of 6 to 1 PUBLIC HEARING ORDINANCE AMENDMENTS TO CHAPTER 18 SUBDIVISION AND CHAPTER 20 ZONING Bob Generous presented the staff report outlining proposed amendments to Chapters 18 and 20 of the City Code Chairman Papke called the public hearing to order No one spoke and the public hearing was closed Larson moved Laufenburger seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendments to Chapters 18 and 20 of the Chanhassen City Code as outlined in the staff report All voted in favor and the motion carried unanimously with a vote of 7 to 0 APPROVAL OF MINUTES Commissioner Thomas noted the verbatim and summary minutes of the Planning Commission meeting dated July 15 2008 as presented Chairman Papke adjourned the Planning Commission meeting at 8 00 p m Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 3 46 CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 5 2008 Chairman Papke called the meeting to order at 7 00 p m MEMBERS PRESENT Kurt Papke Kevin Dillon Kathleen Thomas Debbie Larson Mark Undestad Denny Laufenburger and Dan Keefe STAFF PRESENT Bob Generous Senior Planner Sharmeen Al Jaff Senior Planner and Terry Jeffery Water Resources Coordinator PUBLIC HEARING BEDDOR REGISTERED LAND SURVEY REQUEST FOR APPROVAL OF A REGISTERED LAND SURVEY FOR PROPERTIES LOCATED AT 950 910 PLEASANT VIEW ROAD APPLICANT FORTIER ASSOCIATES INC MARILYN BEDDOR PLANNING CASE 07 13 Al Jaff Thank you Chairman Papke members of the Planning Commission The application before you is for the approval of a registered land survey The site is located south of Christmas Lake north of Pleasant View Road It consists of two parcels The addresses on those parcels are 910 and 950 Pleasant View Road Both parcels are under single ownership What the applicant is proposing to do is shift a property line Currently if you look at those two layouts the before and after currently the driveway that leads to the home located on 910 is located on Parcel 950 There is also a tennis court on 950 What the applicant wishes to achieve is locate both of the driveway as well as the tennis court on the same parcel as 910 Pleasant View Road Typically we process applications such as this one administratively However there is a registered land survey that accompanies this application and under state statute the registered land surveys would need to be processed in the same manner required for approval of a subdivision plat which means the Planning Commission would have to hold a public hearing Staff is recommending that the Planning Commission approve the registered land survey as stated on page 3 of the staff report Both parcels will meet all ordinance requirements I ll be happy to answer any questions Laufenburger I do just one Is there any tax implications on this at all Just wondering Are they doing this because they re interested in having the 950 lot possibly sold Or is that even in question Al Jaff No They really just wanted to clean it up and there shouldn t be any Laufenburger Okay Thomas No questions Laufenburger None 47 Planning Commission Meeting August 5 2008 Papke I m having dØj vu on this one Al Jaff Yes you are Papke Could you explain what we are approving this time that we didn t approve last time Why are we seeing this again Al Jaff All plats have to be recorded within one year of the date of approval by the City Council and a year and a month has passed by As such that approval has expired Papke Okay Al Jaff So it s before you again to give it Papke Okay Dillon What caused the delay Al Jaff Pardon Dillon What was the cause of the delay of taking more than a year Al Jaff I honestly don t know Papke It was due to the applicant Al Jaff Correct It wasn t the city Papke Okay Al Jaff We sent them a letter explaining that it needs to be recorded Papke Alright Do we have an applicant present this evening that would like to state their case Seeing none we ll bypass that section and go to public comment Would anyone from the audience like to comment on this particular case before us Seeing none I close the public hearing on this item and bring it back Any discussion Concerns Issues Anybody want to bring up anything on this one If not I will take a motion Keefe Chair I ll make a motion that staff recommends Planning Commission recommend approval of the attached Registered Land Survey referred to as RLS 123 Papke Is there a second Thomas Second 2 48 Planning Commission Meeting August 5 2008 Keefe moved Thomas seconded that the Planning Commission recommend approval of the attached Registered Land Survey referred to as RLS 123 All voted in favor and the motion carried unanimously with a vote of 7 to 0 PUBLIC HEARING SCHNEIDER DOCK REQUEST FOR A VARIANCE AND A WETLAND ALTERATION PERMIT TO INSTALL A DOCK ON PROPERTY LOCATED AT 640 PLEASANT VIEW ROAD OUTLOT A REICHERT S ADDITION APPLICANT GARY CYNTHIA SCHNEIDER PLANNING CASE 08 15 Public Present Name Address Gary Cynthia Schneider 640 Pleasant View Road Dave Valerie Rossbach 670 Pleasant View Road Jeffery Chair Papke members of the commission thanks I am before you tonight with a request for a dock variance from the 10 foot setback requirement from the lot line as well as a wetland alteration permit in this case issuing a decision of what is called no net loss of wetland function and value The property is located at 640 Pleasant View Road It is shown in the red and orange crosshatch before you Mr Schneider is the property owner He and his wife are present tonight should you have any questions for them The lot was created with the Reichert s Addition which was subdivided the subdivision went through in 1978 At this time the development contract had created or the subdivision rather had created 4 outlots Outlot A was intended to be used which is the triangular piece Outlot A was part of 640 Pleasant View Road and was intended or was given rights for one dock with two slips to be put in there Subsequent to that city ordinance 37 was passed which created conditions for dock placement That a dock be no more than 8 feet wide That it be no that it can be 100 feet long or to that point at which the lake is 4 feet in depth and that it be setback from the lot lines as they are extended into the water 10 feet and that is the variance request that is before you tonight Chapter 6 Article II which is on page 3 of the staff report talks about those governances of dock placement How it could be And it further goes on to state the council may grant a variance from the dock requirements from this Article if it is shown that by reason of topography or other physical characteristics of the lakeshore site strict compliance with the dock requirements would cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore Also Chapter 20 Articles IV VI and XII apply to this or being CUP for the wetland alteration permit VI being wetland itself Where installation of a dock or a boardwalk is required to get a wetland alteration permit and that this is zoned single family residential One dock is permitted as an accessory structure Yeah actually before you right here this is a picture taken by Mr Schneider last winter So this is in the same location that it is What s interesting about this if you look at where the dock is terminated in this picture that s approximately what a conforming dock would look like on this site That would be within the setbacks Clearly it would not get you out to the point where you can navigate into the open water This is a picture of the site today The dock is extended through to the end of the cattails Clearly to maintain operation through there you need to cut the cattails We ll come to this in a little bit but the plants themselves are clearly not 3 49 Planning Commission Meeting August 5 2008 going to be impeded and that s where we get into our no net loss You can cut them If you were to remove the dock in the future those plants would come back especially with the other requirements for dock placement that we have before us As I stated this lot was or this subdivision was created 73 went into effect City Ordinance 73 which set the 10 foot setbacks Outlot A was platted such that it had the convergent side lot lines which is a unique characteristic that would not allow the conforming dock to be placed That would actually provide access to that of the water Were the dock to be placed within that conforming area two things would happen One the actual operation of the outboard motor it s less than 2 feet in depth there so the actual operation of the outboard motor would if not cut ruts in the bottom in the lake disturb the substrate suspending sediment and therefore actually creating a water quality issue and the navigation of the boat in and out would probably result in more damage to the wetland than would simply extending the dock to the end of that wetland Mr Schneider who is here has worked with his neighbor to the north Can we go back to the power point or to the Actually I guess it would be the neighbor to the west Mr Thielen who has a dock on the site as well Mr Thielen has emailed me that he is in agreement with the placement as is In fact he helped Mr Schneider choose this placement and it still allows access to and from his dock without any impediment He did send me an email which is included in your packet under discovery items Outlot B which is that large piece where the hand is right now is Near Mountain Lake Association and they have with the same subdivision were granted rights for one dock with 4 slips 3 slips Excuse me That within that same document a dock in the northern portion of that lot is a prohibited use so the current dock placement is at least 430 feet just by scaling off of the aerial photography and the GIS from the current dock placement So again Mr Schneider s dock placement would not impede with Outlot B with the Near Mountain Lake Association Outlot C and D are similar situations to Mr Schneider s where one dock is allowed for a private residence The alteration permit itself the wetland alteration Under 8420 of Minnesota Rules a wetland impact is clearly defined as wetland fill or excavation or removal of all the vegetation that would result in loss in quality or quantity of wetland habitat or biological diversity Placement of the dock does not preclude this and does not require placement of fill nor does it require excavation within the wetland The vegetation that is present today or would be present without the dock there will still be present if the dock is placed The placement of the posts themselves do count as wetland fill If you think of a 3 inch post though you re talking one tenth a square foot per post Under the new rules which were adopted last June within a shoreland a wetland that is within a shoreland setback which this is is allowed to have up to 20 square feet of diminimus impact Diminimus just meaning that it does not need to be mitigated for after the fact So unless he is going to put in 201 posts it s pretty clear that we will be under the diminimus impact for this site In closing I have spoke with Carver County Soil and Water Conservation District As long as there is no excavation or fill placement they have no issues Riley Purgatory Bluff Creek has remanded all of their permitting authority back to the cities st within their jurisdiction as of January 1 of this year Staff is recommending the Planning Commission adopt the motion as shown on page 7 and extending onto page 8 with the conditions that are shown on page 8 Is there any questions that you have at this time Mr Schneider is here also if you have any questions for him Papke Kathleen start with you Thomas No I don t think I have any questions right at this very second yet 4 50 Planning Commission Meeting August 5 2008 Laufenburger None Dillon So when the diagrams that we ve been given it shows the location of the existing dock you know Do you have one that s penciled in that shows where the proposed one s going to go Jeffery The proposed dock will be I m sorry Chairman Papke Commissioner Dillon The proposed dock will be in the same alignment of the existing dock because he s already worked that out with Mr Schneider and however I am recommending that the dock be shorten by 13 feet which would always leave a 20 foot clear zone 20 foot navigable area between the two docks at it s closest point So it would remain the same length On page 2 of the planning packet it doesn t show up well but you can see where I ve made a couple of marks on the dock that is located to the right or easterly on the plan Where the dock would be shorten too so the number you can t read on the right is 13 and the number between the docks is 20 My apologies for that Dillon That s the only question I have Larson I was just curious looking at the picture that s on page 6 It kind of appears that the property next door comes over or it comes very close to the property line of this property Are they in compliance or is there any issue with that I mean obviously since they are in agreement I guess they don t have an issue but I was just curious Jeffery Chairman Papke Commissioner Larson It is a non conforming use It s a legally non conforming use though it has been in place since before the ordinance went into effect therefore it would remain So if you were to take it and remove it for a year then you would have to place it in a conforming matter on this site I believe Mr Schneider s actually had discussions with them because one of the things we re allowed to do is within the setback zone if two adjoining properties wish to share a dock and have two slips off it then you can be in the setback zone for that He did approach the neighbor and he was not receptive to that Larson That s all I have Keefe Yeah I don t remember what I think it was Outlot B which was in here before is that correct And we were trying to determine I mean B serves what Lots 6 7 8 6 7 and 8 or is it Jeffery I will actually defer that question to Mr Schneider but yes it is intended for anybody within the Reichert s Division to be a part of it Keefe But this is 5 is not part of that Doesn t have access to B They just have access to A right They re not part of the association or they are a part of the association Jeffery They are a part of the association but they do not have dock rights Keefe But they also have dock rights on the outlot 5 51 Planning Commission Meeting August 5 2008 Audience No to the dock Jeffery They could yeah Chairman Papke Commissioner Keefe they could go onto the dock but they have no dockage rights They could not put in Keefe Okay no overnight boating Jeffery Correct Keefe Okay So as I recall we got into the discussion of well so each 6 7 and 8 then is allowed one equivalent of one boat overnight at a dock that s on the south end of Outlot B is that correct Jeffery There are 3 slips Correct Keefe Okay So in this case we would be approving that A would get an overnight privileges but they get privileges for 2 docks Or 2 boats correct Jeffery Actually we re only recommending privileges for 1 Under the original subdivision they were allowed 2 dockage rights but Keefe So is it in the you know yeah Not everything has to be fair and equal but you know it seems like it was platted out in such a way that you know people would be able to have a boat out there and these people apparently have been restricted from having a boat Do we run the risk of the residents that are associated with Outlot B coming back and saying well wait a minute Now that you ve done that we should have our own dock out there Has there been anything along those lines Jeffery Chairman Papke Commissioner Keefe I think there s always that risk I mean it s human nature to look at what somebody else gets and say well I want some of that as well However I think it is fairly clear that it was intended under the subdivision for there to be a dock dedicated to this lot so I do not think it s taking away a right from Outlot B and giving something to the Schneiders that isn t rightfully theirs Alright let me and then it does look like the dock goes this dock actually goes over Outlot B does it not Jeffery That is correct It extends 52 feet onto Outlot B Shorten that by 10 feet so or 60 feet rather so it d be 50 feet extended over the property line Keefe And that requires is that part of the variance then Jeffery Yes Yes Yeah and Keefe Does it require consent from the homeowners associated with Outlot B Jeffery I will defer that question Bob if you would 6 52 Planning Commission Meeting August 5 2008 Generous Chairman Commissioner It does not because it is the riparian portion of the property It s an extended lot line It s not an actual Keefe So where it goes over the lot it s actually over the water Generous Right It s on public land Keefe Alright That s the only questions for now Papke Kind of following on Dan s lines of questions here Is there any precedent You know whenever we look at granting variances we re always concerned about setting precedence and my memory is a little hazy but I remember seeing diagrams like this before so has the Planning Commission and the City Council ever granted similar variances to this one before or is this a first time Jeffery Chairman Papke I can only speak to the time that I have been here and I have never brought a variance forward like this However prior to my being here I know Lori has handled a number of dock variances As to whether or not they were granted I cannot speak to that Generous If I may Chairman this is a unique circumstance This was a lot that was created to permit this property to extend a dock out Papke Right Generous It doesn t infringe on anyone else s right and enjoyment to use the lake The other comment there was one on the north end of Lotus Lake It was the only way they could do it was to extend the dock so that either one or the other of the neighbors wouldn t lose any dock rights And then we have you know for wetland alteration permits we ve permitted that because we have a lot of shallow lakes Papke Right Right Just one last question You re proposing to shorten the dock Is the applicant willing to do that Are there any issues there or Jeffery Chair Papke The applicant has been very amenable to whatever suggestion staff or council has had to make Papke Okay That said if the applicant would like to start off at the podium State your name and address for the record and maybe color in some of the lines for us Gary Schneider Thanks I m Gary Schneider and my wife Cindy Schneider and I own the property at 640 Pleasant View Road which includes the Outlot A in question You know in view of the positive recommendation by the commission you know my comments are going to be brief and really only to I think address flush out clarify some of the questions that have been here This Cindy and I lived in the original Reichert house and at some point in the past the Reichert s owned 8 or more lots along the lakefront and there was a document created 7 53 Planning Commission Meeting August 5 2008 approximately 30 years ago to create this Outlot B and this homeowners association And I can t speak for the Reichert s but I think the intent was let s solidify the sale of these lots and try to create a little sense of community here So the city granted 3 overnight spaces on that community dock Cindy and I are members of that association We have dock rights in the sense of day docking or whatever there but we have no overnight dock rights And those 3 overnight spots went to the homes that are what do I call that Generous Northeast Gary Schneider Northeast of me So for some reason this Outlot A was drawn in a kind of odd shape if you will The neighbor to the west Pete Thielen has a non conforming dock that is grandfathered in and I ve spoken to Pete several times in the last 2 years about would he be willing to flip the L just the L on the end of the dock which he s not willing to do At the same time I became aware I m just being very candid with you At the same time I became aware of his intent to sell his property at some point in the future which it is now for sale and for a variety of reasons Cindy and I just never pursued putting a dock out there because of other priorities expenses etc So this Outlot A was written in this city planning association document as having 1 dock Overnight space with 2 boats So then when I began to work with Terry and the Planning Commission Basically his attitude was you need to research it and you need to see what s fair to everybody So I think what we ve come up with is a way that we can have 1 overnight docking space Not 2 We ll have a somewhat shorter dock but we understand we can trim some vegetation only as needed Pete Thielen seems to be okay with the situation He in fact helped me I placed the dock candidly not to get away with anything but because then we would have a physical representation of what we were agreeing to The dock s been out for over 2 years It s never been used Other than for just placement idea with Pete and the did give his okay to where it s at My motivation for asking him to flip his L was hoping that there would be no encroachment at all you know on Outlot B which is the association land even though we re all the way to the one end I think other than that that s it in a nutshell If there s further questions or something I should elaborate on Thomas No I m okay Laufenburger None Keefe How do you have a 1 boat dock You know I m thinking of the configuration of the other association I mean they may be just limited just sort of the physical size of it and then it can only accommodate 3 maybe 4 if they come out during the day but in the case here I mean how do you you know and maybe that goes to the city as well How do you enforce that Gary Schneider Well I think in my mind I have not placed a boat out there yet I mean the dock simply has not been used and it s overgrown as Terry has showed you the current photo One boat meaning you know a small fishing boat or something With some you know modest trimming I think one boat could be you know perpendicular to the end of the dock or parallel to one side as far out as possible Right now there s about I think I m correct there s about 12 to 14 feet between the outer edge of my dock and the corner of Pete Thielen s L you know and this is one of the rationales Terry has for me bringing my dock back a little bit I think Not only to 8 54 Planning Commission Meeting August 5 2008 not restrict Pete in any way Well I m not but you know give any appearance of that But also have room for the boat Yeah Papke Okay Thank you very much Gary Schneider Thank you Papke Alright at this time if there s anyone from the audience that would like to voice their opinion on this matter please step up to the podium and state your name and address for the record Tell us what you think Dave Rossbach My name s Dave Rossbach I live at 670 Pleasant View Road Like 3 houses away My concern is that end of the lake is really heavy with vegetation and any dock that s put out there has to be there has to be tons of chemicals put in the water to even get to a dock Okay My concern is what happens I mean the dock that he has there is way in from the water From where you could even put a boat I mean Thielen s got a dock there and he has to put in a lot of chemicals in the water in order to even get to his dock I d be down there kayaking and you can barely kayak through there And my concern is I mean how much is a person allowed to do to put chemicals in the water in order to get to your dock I mean how many feet is he going to be allowed to go out because I think he d probably have to go out 100 feet or whatever to get to the water Maybe even more And I m just curious as to because it s going to kill all the vegetation in that area Papke When you ask the question you know how far he d be allowed how far out he d be allowed to go The drawings stipulate how far his dock can go so I m not quite sure what your question is Dave Rossbach Well my concern is with the chemicals that are going to have to be put in the water in order to clear a path for him to even put a boat there I mean doesn t that kill vegetation Papke Terry can you comment on any chemical application regulations Jeffery Chairman Papke commissioners Yes I can Under the conditions of approval he would not be allowed to do anything other than cut the cattails down at the elevation of the water There can be no mechanical removal or chemical removal of vegetation The placement of the dock actually will bring him within the end of the vegetation but he will not be allowed to go in there and mechanically grub out or chemically spray vegetation In order to do that it actually requires a DNR permit for vegetation management within the lake Now clearly there are individuals that do not always follow and get the DNR management and I am aware of those But in this case those are recommendations that we put in there Other than to create the path to get out there and place his boat and then it s only cut as much as necessary So for instance where the dock is he can cut it at the lake level to place the dock because it has to be 8 inches above it So in the event that you were to move the dock the vegetation would still be there to come back Whereas if you mechanically excavated it 9 55 Planning Commission Meeting August 5 2008 Dave Rossbach Right Jeffery Or chemically sprayed it then yes Then it would be a wetland impact We d need to go through mitigation Do you have Dave Rossbach That was it Thanks Gary Schneider Could I just comment on Papke Sure Maybe step up to the podium Gary Schneider Yeah I m sorry go ahead Val Valerie Rossbach No you can comment on that Gary Schneider Oh okay This is just what I know so far Not from an expert standpoint but what I think I m observing My dock currently does touch the end of the open water So in other words if I put a boat at the end of the dock right now I d be just barely in open water Pulling the dock back 13 15 feet I might have to do candidly I might have to do some trimming Pete Thielen who has this large non conforming dock next to me that area around his dock is open today and I know certain times of the season because of the lower water Like last year I believe Pete said that was the worst water level he had seen in 30 years Things do get low and you know quite overgrown But it was even modestly open last year even in the worst time of the summer You know in August Highest vegetative time now And I think Pete does put some chemicals in and I believe that he does that every other year or so And I don t want to speak for him but I also believe that there is a and maybe this just goes to speak to lily pads I don t know But there is some kind of approved I get the mailings I haven t paid attention to them until now but they come out and there is some chemicals that can be used to lily pads and that so again the Rossbach s know I m not a heavy duty outdoor guy so I wouldn t be trimming anything unless it was needed to be done Valerie Rossbach My name is Valerie Rossbach I live at 670 Pleasant View Road I am part of the Near Mountain Lake Homeowners Association I want to clarify a few things I mean he s talking about right now if he gets these variances and he won t cut the weeds and he won t put a big boat out there but if he plans to sell his house the next owner s going to go in and say I can cut these I can have a big boat because I have rights That s my first issue with the last conversation that we ve had here Secondly we have been he s been a member of our association for quite a few years When we wanted to have a second dock put in for the usage of all 8 parties in that household we vote you know they voted against it They didn t want that second dock put in Another thing about that property there Outlot A initially was not put there by Reichert to use it It did not belong to these people and that lot Years later David Bodine owned that original household That house on 640 Pleasant View Road Outlot A was a separate property owned by Reichert It did not belong to that property It was not intended to be part of that property Years later David Bodine bought the property from Reichert who was off living in Arizona or someplace So then he acquired that land which is fine He never used it He moved away and I think that the problem lies here we had a Dr Rockwell come out and she discerned 10 56 Planning Commission Meeting August 5 2008 that this was wetlands When we came in a year ago as an association with all our paperwork and all our investigation I don t know if you recall at all we were turned down because they said it wasn t a hardship and we didn t need it because we were able to use that outlot We have 600 feet of lakeshore We have a common area that s grass We have picnic tables A fire pit It s walking distance I live beyond his house I walk down there just fine and use the property and as far as the lakeshore goes he and another issue that I have with him Putting this dock out here Gary Schneider My name s Gary Schneider Gary Schneider Valerie Rossbach Yeah I know Gary I know what your name is I m sorry Gary Schneider Thank you Valerie Rossbach I m a little nervous here alright Gary Schneider That s okay but you can use my name Valerie Rossbach Sorry I didn t mean to insult anybody I m just saying that now I lost my train of thought Gary Schneider You have another issue besides the potential future holder use Valerie Rossbach Do you mind if he not speak to me He needs to be at the podium doesn t he Okay Now I ve lost my train of thought As far as oh This is where I go with this with the dock Last spring a year ago spring he put this dock out there I ve been there 25 years There was no dock I ve never seen a dock there and now he s telling you that he just put it out there to see how it looks He didn t get permission from anybody Can you do that Can you just put a dock out there like 100 feet to see if it s going to look right or if you re going to be able to use it I find that questionable I think that that was wrong That s just my opinion But as far as the homeowners association he has ample access to that lake He can use it anytime he wants Just like us he can dock at the dock We do that We have a pontoon and the 3 people that have overnight dockage they use it and we ve all been fine with it for as long as I ve been there and I was there before most of those people They build new houses and they were vacant lots and whatever So what I m trying to say is I don t believe and he s never used the lake He doesn t have a boat He has no interest in it Even when we had the association he never wanted to use it so I m questioning his motives as far as I mean I think he s just doing this my opinion just so he can sell his land and have dock rights or make his property value more valuable But that goes against my knowing this lake that all these years we were told we couldn t use it because it was wetlands We ve protected it We keep two thirds of our property by his We keep it natural for wildlife and we don t cut things down We all 8 houses share our common area which is about 200 feet We share the dock We share expenses Our dues are like 50 a month that we ve had for 25 years It s not a hardship for him to pay 50 a month I wouldn t think And I just feel that it s not fair that you turned us down and we had really we did our research We had the lake like when it recedes or when it comes up in the spring and what have you we did all of that and presented it to you You turned us all down Now the same place just right at 11 57 Planning Commission Meeting August 5 2008 the end of our lot our lakeshore area now you re going to say it s okay to put a dock in there I don t understand that And as far as him being grandfathered in that property was not part of his property when until right before he purchased the house So that s all I have to say Thank you Papke Thanks for speaking up Much appreciated Anybody else Okay Seeing no one come to the podium close the public hearing and bring it back to the commission for discussion Comments Thoughts Keefe Yeah Well you know I was here a year ago and I do you know it s kind of coming back A little bit hazy but it is coming back and yeah I do remember us turning it down even though it was a pretty well prepared presentation You know one of the issues I think that I m struggling with is there seems to be you know a lack of agreement amongst the neighbors here and I m struggling with that a little bit It does seem like there is some access from this property to the association but it s not overnight access I m struggling a little bit just with with you know not all the neighbors kind of agree to this and it seems like perhaps there should be Dillon They re not all here either because there s only the person that just spoke spoke on behalf of the association or themselves But if the association had an issue with this you d think they d be here in force if they were that well organized the last time around Papke If I can kind of paraphrase your main issue seems to be that you are not convinced of the hardship clause perhaps Keefe Yeah Papke Would that be a succinct Keefe Yeah I think so Yeah Papke There s an alternative here Keefe Yeah I think that probably would sum it a little bit more You know if I were to go with it and one other thing that I would want to see is I would want to see an amendment to the development contract as well because you re going to have a conflict here I mean you allow it through the variance to have one boat but the development contract which stays on with the property will allow for two boats so you really want to make sure those are synced up so I would want an amendment to that as well before Papke Okay Good comments Undestad Yeah I think you know regardless of who purchased which lots and who s owned on both sides maybe the previous owner purchased that piece down there from Reichert so that he could eventually have access to his get a dock in there and get his boat on the lake down there The association again I m not exactly sure how all that came together but I agree with Kevin you know if everybody was in agreement then it might be a little different out here but I think 12 58 Planning Commission Meeting August 5 2008 they re separate issues They don t have rights to overnight docking They live on a lake but they can t have a boat on the lake I guess I might probably be in favor of it like this Larson I kind of remember the argument last year as well and it seems to me there was an issue and I could be mistaken but because the water level was so low I m thinking it was the opposite Why was I thinking the water was high on that beach It seemed like it was eroding away which was the reason why they weren t wanting to allow to have dockage for 3 more boats on that property And again I mixing this up with something else but that seems to be sticking in my mind Like Mark said too I m inclined to think that no matter who owned it and how long it doesn t matter The person who Mr Reichert that owned property across the street if he bought that for the purpose of possibly putting in a dock I guess I don t see a problem with that The association encompasses the other Outlot B and that s a whole separate issue and I don t think that has anything to do with this Papke Good comments Kevin Dillon So I do remember this being on the docket last year Unfortunately I was out that day so could someone just recap with me real quick the difference with why that was you know the rationale for why that was you know denied Papke Do you guys have access to that I think all of our neurons are I m sorry the public hearing is closed Gary Schneider Oh I m sorry Jeffery I can speak to a few items on that First of all the Near Mountain Lake Association would fall under the beachlot rules whereas this falls under single family residential zoning rules But secondly much as the original subdivision contract confers a dock and 2 slip rights to Outlot A it confers 1 dock and 3 outlots or 3 slips to Outlot B So they were asking to go beyond what was approved in subdivision whereas Outlot A is just actually going less than what is approved in the subdivision But as to the actual discussion that night I was not party to that Papke Yeah appreciate that clarification Dillon So then you know this is a public hearing and if people really have a burr in their saddle blanket about this they should be here Everyone was notified You know the one family that would seem to be affected most by this seems to be supportive Some of the other reasons that were put forth in the public hearing tended to focus on more personal attack and motive really than than really what s at issue here It seems to me the applicant and staff have followed good process Come up with some good recommendations Tried to mitigate some of the negative stuff that could possibly come from this so in light of all that I m inclined to support the variance Laufenburger I was not here a year ago so I don t know what happened with the other situation I assume that staff work was done properly at that time and the council or the Planning Commission made a good decision based on that facts at that time I d also like to say I m 13 59 Planning Commission Meeting August 5 2008 pleased that the public members of the public did come forward but based on the facts that I see and taking the emotion and the potential enforcement of wetland regulations which is clearly outside of our boundary I m most concerned I think that Mr Jeffery satisfied this That the wetland will not be impaired by this so I tend to approve Thomas Well I too was here a year ago and I do slightly remember the case but kind of hard to remember but I am there s been great comment and I am in agreeance with pretty much everyone else saying that it makes sense that Outlot A would like to have dock rights to be able to have an overnight boat I mean it makes sense I would think that s very reasonable and logical so I m in agreeance Papke Thank you I guess my only perspective on this that I can add is this is obviously a very unusual situation Outlot A is almost triangular in shape here and the way the lot lines are extended into the lake makes it pretty much impossible to put a dock out there without a variance so I think this is a highly unusual situation where the rules we have you know kind of tie the property owner s hands behind his or her back and I think this is the kind of case that clearly a variance application is designed for because the city code just doesn t fit this one very well But very good comments I appreciate all the comments and questions from the commissioners on this one This is obviously a very tough case Okay with that said I will entertain a motion for approval or denial of this variance Would anyone like to make a motion Dillon I ll make a motion that the Planning Commission recommends that the City Council approve a variance from the 10 foot dock setback zone for the placement of a dock on a lot zoned single family residential which will extend through the 10 foot dock setback zone and 51 feet past the lot line extended and the Planning Commission recommends that the City Council approve a Wetland Alteration Permit to issue a decision of no net loss of wetland function and values based upon the attached Findings of Fact and subject to the following conditions 1 through 8 And Dan did you have something else that you were thinking of Keefe Yeah well I d make a I think you have to have a second before you Papke Yeah Dillon Oh okay Papke Is there a second to the motion Larson I ll second Keefe For a friendly amendment to incorporate an amendment to the development contract I think that s what it s referred to in here is the development contract to only allow for one Papke We can t really amend the development contract Keefe Require the amendment of the development contract 14 60 Planning Commission Meeting August 5 2008 Papke Okay Keefe To coincide with approval of this so that we have a consistent look because what will happen is the development contract says 2 Well now we ve got a variance for 1 It d be nice if they kind of lined up so that they re both there so that when somebody comes in and buys it they understand it s 1 overnight Instead of saying well what is it Is that 2 boats or is it 1 boat Papke So the staff recommendation says nothing about 1 boat is that the Keefe No it says 1 boat overnight Papke Okay Keefe The development contract allows for 2 The development which runs with the property allows for 2 Papke Right Keefe So what I m saying is that if we re going to allow a variance for 1 overnight we should also amend the development contract to allow for only 1 overnight so that they re consistent Papke Bob or Terry is this how administratively would this does that work Do we actually can we actually force a change in that or maybe you can comment on whether stipulation condition number 6 here has enough teeth to allay any concerns about this or Generous Well Mr Chairman I m not sure that we can actually the DC because who s it between Development contracts are for physical development of a property It puts in a will of at the time of the subdivision I think we have more teeth with this variance and CUP that specifically relates to this property and these are the conditions of approval and we can enforce that against this property in the future Papke Okay Generous The problem with one dock how are we going to find out unless the neighbors because we don t have a shore patrol in our staff right now Of course we have people who d probably like to do it Papke So Dan you want to withdraw that or do you want to try to keep that in there even though it doesn t sound like it s legally viable Keefe I don t know if it s legally viable or not You know contracts get amended all the time Undestad Well more so they get amended during the process During the development but like he said it s the agreement could have been between somebody how many years ago that Keefe Yeah 15 61 Planning Commission Meeting August 5 2008 Undestad They re not around anymore Keefe Just trying to run out the potential in the future which you know the next owner comes in I mean he s going to put this property on the market He gets approved and the next guy reads the contract I m approved for 2 boats here Papke Yeah but are you willing to go with city staff s recommendation that this has enough teeth to be able to do that without changing the development contract or do you Generous This will be recorded against this property Papke Okay Generous It will be in the chain of title Keefe Right My preference would be to leave it in but I mean if it s not accepted then it s Papke It s your motion Dillon I understand I mean you know I think it s fine to leave it in You know I mean we ll let it sort of self out you know with the City Council and all that Papke Okay Alright we have a motion We have a second We have a friendly amendment All in favor of all three of those say aye Larson Two or three Papke Huh Larson Two or three I m not in favor of Dan s friendly So how do you do that because you said all three Papke You unless Keefe It s kind of all or nothing Larson Okay Dillon moved Larson seconded that the Planning Commission recommends that the City Council approve a variance from the 10 foot dock setback zone for the placement of a dock on a lot zoned Single Family Residential RSF which will extend through the 10 foot dock setback zone and 51 feet past the lot line extended and that the Planning Commission recommends that the City Council approve a Wetland Alteration Permit to issue a Decision of No Net Loss of Wetland Function and Values based upon the attached Findings of Fact and subject to the following conditions 16 62 Planning Commission Meeting August 5 2008 1 No aquatic vegetation is to be removed by uprooting of the vegetation The applicant may cut only that vegetation which is necessary for the placement of the dock the mooring of the boat and the navigation of the boat to open water The vegetation shall be cut at a height equal to the bottom of the dock or at a depth of the propeller 2 The dock shall be installed eight 8 inches above the Ordinary High Water Elevation 3 The dock shall be no wider than the current three and one half 3 5 feet as shown on the survey submitted by the applicant 4 The dock shall be shortened by thirteen 13 feet from what is shown on the survey to allow for a minimum separation between docks of twenty 20 feet 5 The boat shall be docked as close to the lakeside end of the dock as possible so as to minimize the disturbance of aquatic vegetation for the docking of the boat 6 No more than one watercraft may be docked on the subject property 7 No fill or excavation may occur within the jurisdictional wetland boundaries or below the ordinary high water elevation of Lotus Lake except for the fill associated with the minimum number of posts necessary to maintain a safe dock 8 The applicant shall abide by all applicable provisions of Chapter 6 and Chapter 20 of the Chanhassen City Code 9 Require an amendment to the development contract to allow storage of one overnight boat All voted in favor except for Commissioner Keefe who opposed and the motion carried with a motion of 6 to 1 Laufenburger So we have a motion to approve the staff recommendation Papke Yes And we have a friendly amendment Laufenburger And we have a friendly amendment Does that friendly amendment Keefe Which was accepted Laufenburger Does that friendly amendment require second prior to voting on the friendly amendment Papke No 17 63 Planning Commission Meeting August 5 2008 Laufenburger Okay So the friendly amendment by the agreement of the person who made the motion Papke Yes Laufenburger Is incorporated into the motion Papke That s correct Laufenburger So we re not voting twice Papke No because one vote Laufenburger The inclusion of the friendly amendment is subject only to the person who made the motion That would be Mr Chair Commissioner Dillon Papke That s correct if he accepted it Laufenburger Okay Dillon I accepted it Papke Okay Larson Can we do this again Papke So we have one nay Keefe That s correct Papke One nay okay Alright motion carries Okay thank you very much PUBLIC HEARING ORDINANCE AMENDMENTS TO CHAPTER 18 SUBDIVISION AND CHAPTER 20 ZONING Generous As you stated this is a public hearing to provide some amendments to the Chanhassen City Code to Chapter 18 which is the subdivision ordinance and Chapter 20 which is the City s zoning ordinance The first one deals with the subdivision ordinances Part of the ordinance we re recommending that the city provide standards for a 1 foot separation between emergency overflow areas and the lowest floor openings on buildings This came to light as part of the review of the Lakeside subdivision There s a parched wetland in the northwest corner of the site that had an emergency overflow behind the buildings and we wanted to make sure that when they build in there if there s a super storm event that those houses don t get flooded and so as a condition of approval for that subdivision we added the language that they had to maintain that 1 foot separation We just want to codify that so everyone who comes in will know 18 64 Planning Commission Meeting August 5 2008 that they ll have to meet that requirement so that s what that first amendment s for Is for and so that s the change to Section 18 40 Subsection 4 I should also point out that we also as part of all subdivision reviews require that developers provide a storm water pollution prevention plan and we re just codifying that That s a state requirement We want to let them know if they look at our ordinance that we re going to require that they submit that They already do that so it s the developer shouldn t be surprised Papke Bob you kind of skipped over the custom grading Generous Oh I m sorry Right now we have as part of some subdivisions to encourage the preservation of woodland areas That we require that we permit some custom grading of lots However there s no language specific to that in here and so we re adding a criteria that the custom graded lots may be improved subject to City Engineer s approval That allows our engineering department to look at the potential grading of a lot and it s impacts on adjacent properties These are all engineering things And then the fourth thing in the subdivision ordinances under state statute they revised some of the language Our ordinance says plat but really a plat is the physical document that people use and record so it s really a subdivision which is the division of property for conveyance purposes And so we re revising that language And also to calculate the area of parkland dedication The State statute says you have to have buildable land You use buildable land as a criteria in determining how much dedication or fees that you could collect on a property And so we re trying to amend Chapter 18 to be consistent with state statutes Additionally we will adopting the definition for buildable land Basically it s any land that s not public right of way wetland or public waters or lakes Lakes or streams so that s what the buildable land would be everything that s left and then we base all our calculations on that number So that s the changes Papke Just to go back once again to 18 40 Section f is stricken out but you made no comment on that Generous Oh yes that s a duplicate It s actually in the subsection before that Papke Okay Generous When they codified our ordinance the city adopted it It s 21 a through or Papke Okay So it s redundant with Generous Yeah it s redundant and it s actually in the wrong place When we did that retaining wall revision we had a whole set of criteria and so it s in there in a separate area and it really doesn t belong right here Papke Okay Generous So that s why that one was being deleted Papke Okay 19 65 Planning Commission Meeting August 5 2008 Generous So but these changes will bring us into consistency with state statute so for subdivision And then in we talked about this earlier about a year ago that the Freedom to Breathe Act was passed by legislature and you can t smoke in any buildings basically And so originally we looked at providing standards for that and council was hesitant to go that far They didn t want to regulate it as deeply and so what we ve come up with at the suggestion of the city attorney is to say that if they build these structures that the accessory structures have to comply with the Freedom to Breathe provision of Minnesota Clean Indoor Air So that s the only language we re adding in there And then there are standards for all of that Oh here s the we ve got to add this Buildable area When you determine it this is an example so all the right of way would be pulled out The wetland area would be pulled out and there s a little bit of are encompassed within the description of that parcel And so when you look at buildable area you would have basically what was left and we d made our determination by that Laufenburger Bob Generous Yes Laufenburger On your page 6 proposed change 20 904 Can you just review those numbers that you have Generous The 114 To make sure Laufenburger Is that correct Jeffery No it should be 11 Generous I think there s a second 1144417 We re missing a 1 Jeffery Yeah Larson We re missing a 1 or did you add 1 Thomas Missing a 1 Laufenburger So 1144 411 is correct Generous I believe so I ll check to verify that but Laufenburger Thank you Generous It seems to miss a number And then originally it has to have so much separation between buildings It can only have 50 walls and all of those are under the state statute for the Freedom to Breathe Act That s what this is referring to and we ll verify the appropriate numbers State citation With that staff is recommending approval of the proposed amendments as stated in the report With that I d be happy to answer questions 20 66 Planning Commission Meeting August 5 2008 Papke Questions or were people asking along the way here No Alright No applicant in this case so if any of the copious members of the public would like to please step to the podium Alright seeing none I close this public hearing and bring it back to the commission for any discussion or go right to it sounds like this one is fairly straight forward I don t think anybody expressed any major concerns during the question period So given that I ll entertain a motion Larson I ll do the motion Chanhassen Planning Commission recommends that the City Council adopt the proposed amendments to Chapters 18 and 20 of the Chanhassen City Code as outlined in the staff report Laufenburger Second Larson moved Laufenburger seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed amendments to Chapters 18 and 20 of the Chanhassen City Code as outlined in the staff report All voted in favor and the motion carried unanimously with a vote of 7 to 0 APPROVAL OF MINUTES Commissioner Thomas noted the verbatim and summary minutes of the Planning Commission meeting dated July 15 2008 as presented Chairman Papke adjourned the Planning Commission meeting at 8 00 p m Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 21 67 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us 1 h rrv MEMORANDUM TO Paul Oehme Director of Public Works City Engineer FROM Joseph Shamla Project Engineer DATE August 25 2008 o SUBJ Approve Amendment A to Interim Use Permit for Site Grading Planning Case 07 16 PROPOSED MOTION The City Council approves Amendment A dated August 25 2008 to the interim use permit dated September 24 2008 City Council approval requires a simple majority vote of the City Council present The applicant has requested an extension to the interim use permit for site grading and removal of topsoil from the site The applicant secured the interim use permit on December 20th 2007 but did not begin hauling until this spring The plan is to have most of the site grading completed by the date the permit expires which is September 24 2008 The permit extension for next year is mainly for the removal of topsoil As part of the original permit topsoil was stripped in order to bring in good fill This topsoil is stockpiled onsite until a permanent offsite location is secured The applicant will be required to seed the stockpile and install silt fence around the perimeter of the topsoil stockpile to prevent erosion Normal working hours permitted by the City are 7 00 a m to 6 00 p m on weekdays 9 00 a m to 5 00 p m on Saturdays and no work on Sundays or legal holidays City staff has requested and the applicant has agreed to limit the hours of operation to 8 00 a m to 5 00 p m weekdays 9 00 a m to 5 00 p m on Saturdays with no construction on Sundays or any legal holidays after September 24 2008 Since the majority of the work will be completed by September 24 2008 staff feels that limiting the hours of operation will benefit the neighboring home owners g plan 2007 planning cases 07 l6 klingelhutz iup amendment a to the iup doc Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 68 Attachment Amendment A to Interim Use Permit 07 16 for Site Grading c Neil Klinglehutz NTC Homes Inc Jacob Wertz Gateway Development LLC 69 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA AMENDMENT A TO INTERIM USE PERMIT SITE GRADING 07 16 SPECIAL PROVISIONS AGREEMENT dated August 25 2008 by and between the CITY OF CHANHASSEN a Minnesota municipal corporation City and Neil Klingelhutz and Jacob Wert the Applicants 1 BACKGROUND The parties have previously entered into an interim use permit for site grading dated September 24 2007 the Interim Use Permit The Interim Use Permit was recorded on December 20 2007 as Carver County Abstract Document No A476414 2 EXTENSION OF INTERIM USE PERMIT The Interim Use Permit shall remain in full force and effect 3 SPECIAL CONDITIONS In addition to the terms and conditions outlined in the interim use permit the following special conditions shall apply to interim use permit 07 16 A The amendment is to stipulate that the City approves the extension of interim use permit 07 16 until September 24 2009 Conditions of approval include the previous conditions stated on the initial interim use permit along with the following 1 The topsoil stock pile shall be seeded within 14 days of inactivity Silt fence shall be placed around the perimeter for erosion protection 1 70 2 Working hours will be changed starting September 24 2008 to 8 00 a m to 5 00 p m on weekdays 9 00 a m to 5 00 p m on Saturdays and no work allowed on Sundays or legal holidays 3 Haul routes be submitted to the City for approval 4 RECORDING The Interim Use Permit and this Addendum A shall be recorded against Lot 1 Block 1 Gateway North Carver County Minnesota And Part of the NW 1 4 of the NW 1 4 of Section 24 Township 116 Range 23 Carver County Minnesota described as follows Commencing at the NW comer of the NW the NW comer of said Section 24 thence on an assumed bearing of South 89 degrees 19 minutes 43 seconds East along the North line of said NW 1 4 338 00 feet thence South 25 degrees 26 minutes 43 seconds East 128 38 feet to a point on the centerline of State Highway Number 101 said point being the point of beginning of the tract to be described thence westerly along said centerline along a non tangential curve that is concave to the north said curve having a central angle of 09 degrees 11 minutes 57 seconds a radius length of 621 15 feet an arc length of 99 73 feet a chord bearing of South 74 degrees 12 minutes 13 seconds West and a chord length of 99 62 feet thence South 79 degrees 38 minutes 53 seconds West along said centerline and tangent to last described curb 163 44 feet thence southwesterly along said centerline along a tangential curve that is concave to the southeast said curve having a central angle of 19 degrees 36 minutes 53 seconds a radius length of 231 87 feet an arc length of 79 38 feet thence continuing southwesterly along said centerline along a compound curve that is concave to the southeast said curve have a central angle of 52 degrees 18 minutes 23 seconds a radius length of 127 6 feet an arc length of 116 49 feet a chord bearing of South 33 degrees 34 minutes 37 seconds West a chord length of 112 49 feet to the West line of said NW 1 4 thence south 00 degrees 01 minutes 33 seconds East along said centerline and along the West line of said NW 1 4 362 74 feet to the South line of the North 660 feet of the West Y2 of the NW 1 4 of said Section 24 thence South 89 degrees 19 minutes 49 seconds East along said South line 430 13 feet to the westerly right of way line of Trunk Highway Number 312 thence northeasterly along said westerly right of way line along a non tangential curve that is concave to the southeast said curve having a central angle of 11 degrees 42 minutes 56 seconds a radius length of 350 00 feet an arc length of 71 57 feet a chord bearing of North 64 degrees 07 minutes 43 seconds East a chord length of 71 44 feet thence North 16 degrees 17 minutes 03 seconds East along said westerly right of way line and not tangent to last described curve 360 83 feet thence northerly along said westerly right of way line along a non tangential curve that is concave to the east said curve having a central angle of 17 degrees 30 minutes 47 seconds a radius length of 981 48 feet an arc length of 300 00 feet a chord bearing of North 20 degrees 48 minutes 18 seconds East a chord length of 298 83 feet to the North line of said NW 1 4 thence North 89 degrees 19 minutes 43 seconds West along said North line and not tangent to ljlst described curve 118 28 feet the centerline of State Highway Number 101 thence southwesterly along said centerline along a non tangential curve that is concave to the northwest said curve having 2 71 a central angle of 20 degrees 33 minutes 03 seconds a radius length of 621 15 feet an arc length of 222 79 feet a chord bearing of South 59 degrees 19 minutes 43 seconds West a chord length of 221 60 feet to the point of beginning This tract is subject to any and all easements of record IN WITNESS WHEREOF this Addendum A was executed by the parties the day and year first above written CITY OF CHANHASSEN BY Thomas A Furlong Mayor SEAL AND Todd Gerhardt City Manager GA TEW A Y DEVELOPMENT LLC BY Its Jacob Wert NTC HOMES INC BY Its Neil Klingelhutz 3 72 STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2008 by Thomas A Furlong and by Todd Gerhardt respectively the Mayor and City Manager of the City of Chanhassen a Minnesota municipal corporation on behalf of the corporation and pursuant to the authority granted by its City Council Notary Public STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2008 by Jacob Wert Gateway Development LLC on behalf of said company Notary Public The foregoing instrument was acknowledged before me this day of 2008 by Neil Klinglehutz the President of NTC Homes Inc on behalf of said incorporation Notary Public Drafted by City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 4 73 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us 1c L l 1S t l L MEMORANDUM TO Todd Gerhardt City Manager FROM Kate Aanenson AICP Community Development Director DATE August 25 2008 SUBJ Liberty on Bluff Creek Final Plat of the 3rd Addition including a replat of a portion of the 1st Addition with Site Plan Amendments Planning Case No 05 11 PROPOSED MOTION The Chanhassen City Council approves the final plat of Liberty on Bluff Creek 3rd Addition Planning Case 05 11 creating 3 blocks and 61 lots for a total of 109 dwelling units as shown on construction and landscaping plans and final plat received July 25 2008 subject to conditions 1 47 on pages 21 25 of this report City Council approval requires a simple majority vote of City Council PROPOSAL SUMMARY The applicant is requesting to replat a portion of Liberty on Bluff Creek 1 st Addition with final plat approval for the 3rd Addition This application also includes site plan amendments for a change in the location of some dwelling types The preliminaryplatincluded approval of 444 units With the 3rd Addition and the changes indwellingtypes the total number of units has been reduced to 407 ACTION REQUIRED City Council approval requires a majority of City Council present BACKGROUND On August 14 2008 the City Council approved the final plat of the 2nd Addition which included 186 dwelling units On March 13 2006 the City Council approved the final plat of the 1st Addition for 168 lots On October 10 2005 the Chanhassen City Council took the following action on the subject site The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play 74 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 2 Rezoning from A2 to PUD R preliminary site plan review with subdivision of 6 blocks and 69 buildings including 444 units 3 outlots A B which represent the Overlay District and C which is the association pool and 7 common lots of 91 02 acres conditional uses for the development in the Bluff Creek Overlay District and alteration of the Flood Plain and a Wetland Alteration Permit FINAL PLAT REVIEW In order for the developer to respond to market demands they are requesting a change from the original preliminary plat by replacing the condominium units These units were served by underground parking and elevators and included 12 units per building These units are being replaced by other housing types that already exist within the project The total number of units will be reduced by 31 from the original 444 to 407 The developer is hosting a meeting with current homeowners to discuss these changes The replat for the 1 sl Addition includes 4 blocks and 31 lots Block 1 has 6 lots and Block 2 has 7 lots These units are the Concord or urban row type units Block 3 has 10 units and Block 4 has 12 units These units are the Chateau or back to back townhouse units Concord Homes Chateau Homes Cr6my 011 Bruff Cree Ci6my 011 Bfuff Cree Premier Homes Li6erty 011 Bruff Creef w 75 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 3 In Block 3 of the 3 rd Addition the 16 single loaded townhouses or the Premier units will be consistent with the preliminary plat An additional 38 Premier units are being added to Block 2 The condominium units in Block 2 of this phase are being replaced by the Chateau 24 units Red 3rd Addition Yellow Amended Site I I Wetlands A review of available data indicates the presence of several wetlands adjacent to the proposed construction limits Based upon the proposed plan no primary or secondary impact to these wetlands appears likely with proper best management practices Lakes and Streams The proposed project does not lie within 1 000 feet of the ordinary high water level OHW of any public waters within the City of Chanhassen and therefore is not subject to Chanhassen s Shoreland District rules Bluff Creek and a tributary of Bluff Creek are both within 850 feet of the proposed project limits Bluff Creek is a listed impaired water for turbidity Extra care should be taken when performing earthwork upgradient of these water features to assure that no sediment deposition occurs within them Stormwater Management and Surface water Management SWMP Connection Charges The proposed development has adequate stormwater treatment and conveyance from proposed infrastructure and previously created detention ponds Surface Water Management Plan fees will be associated with the project as follows 76 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 4 Liberty on Bluff Creek 3rd Addition Outlot B is 30 23 acres in size Right of way will account for 0 84 acres and Liberty on Bluff Creek Outlot A will account for 21 61 acres Therefore the net assessable area will equal 7 78 acres Water quality fees will be assessed at the rate for medium density residential land use which is 4 700 acre Water quality fees will be 36 566 00 Water quantity fees will be assessed at the 2008 rates for townhomes which is 4 400 acre Water quantity fees will be 34 543 20 A credit of 2 500 will be given for the sump manhole which is to be installed Total SWMP fees due with the final plat are 68 609 20 EROSION AND SEDIMENT CONTROL AND RUNOFF The total land disturbance associated with the proposed project exceeds the minimum threshold for small construction activity Therefore a NPDES Phase II permit to discharge stormwater associated with construction activities is required This permit must include the General Contractor responsible for day to day operations of the site and the owner This should be noted on the SWPPP included with the plan submittal The permit must be presented at the pre construction meeting or prior to commencement of grading activities Other amendments are as follows Sheet 3 of 12 Grading Drainage and Erosion Control Plan North 1 Call out inlet protections at the intersection of Washington Boulevard and Commonwealth Boulevard 2 Rock construction entrance must be 75 feet in length per Chanhassen City Code 3 At a minimum the final 200 feet of the ditch flowing from south to north adjacent to Bluff Creek Boulevard must be stabilized with erosion control blanket or sod 4 Erosion and sediment control best management practices must be called out around all areas where grading is to occur and approved by the City Sheet 4 of 12 Grading Drainage and Erosion Control Plan South 1 Inlet protection needs to be called out for the two existing catch basins along Plymouth Lane 2 That area east of Lots 1 and 2 of Block 1 shall be mulched with Type 3 certified weed free mulch at a rate of 2 tons per acre disc anchored 3 Add a callout that indicates the presence of the tributary to Bluffcreek 77 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 5 Sheet 5 of 12 Proposed Trail Grading Plan 1 Any mulch needs to be Type 3 certified weed free applied at a rate of 2 tons acre and disc anchored 2 Call out tributary to Bluff Creek Sheet 9 of 12 SWPPP Narrative L Under Owner Responsibilities add language that once identified the person responsible for oversight and implementation must be identified on the SWPPP 2 Indicate the impairment for Bluff Creek turbidity and fish IBI and Lake Hazeltine N utrient Eutrophication 3 Change Item 5 under During Construction to be consistent with Part IV B 3 of the General Permit i e Normal wetted perimeter of any ditch must be stabilized the last 200 lineal feet prior to discharge off the site or to any surface water Sheet 10 of 12 SWPPP Narrative 1 Under Item 4 Ditch Protection the first bullet point should be amended to include or discharge offsite 2 Under Item 10 Concrete Truck Washout add a bullet point that upon identification of a concrete washout area the SWPPP shall be amended to include the location and any pertinent BMPs 3 Under Item 17 Winter Stabilization the second bullet point needs to be changed to include the following language except those areas adjacent to the trail and located east of Lots 1 2 Block 1 where Type 3 certified weed free mulch shall be used GRADING AND DRAINAGE The development was graded with previous phases of the project however grading modifications are required to accommodate the proposed building types Runoff from Block 1 will be conveyed to a pond constructed with the first addition the pond was sized to accommodate the runoff Runoff from the southern portion of Block 2 will be routed to the pond that was constructed with the first phase Runoff from the remainder of the site will be conveyed to the existing storm sewer within Bluff Creek Boulevard and routed to the pond south of Bluff Creek Boulevard within Outlot B The Preserve at Bluff Creek 1 st Addition This pond was sized to treat the runoff from this site Drainage and utility easements were dedicated over Outlot A Liberty on Bluff Creek 2nd Addition the parent parcel of the northern portion of the third addition These easements must be shown on the final plat 78 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 6 RET AINING WALLS The developer proposes to construct retaining walls as follows Location Approximate Maximum Length Height North of Lots 1 and 9 Block 2 215 feet 9 3 feet Southwest of Lot 16 Block 2 65 feet 3 6 feet East of Lot 2 Block 1 190 feet 6 5 feet South of Lot 2 Block 1 60 feet 4 0 feet The retaining wall north of Lots 1 and 9 Block 2 is adjacent to the right of way for Commonwealth Boulevard A sidewalk is proposed along this side of the road which will lie one foot from the right of way line In order to provide space for vegetation to grow this retaining wall must be minimum 0 5 feet from the right of way line Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota UTILITIES Lateral sanitary sewer and watermain to serve the proposed buildings will extend from the existing lateral utilities These utilities were designed to accommodate the demand from the units within the 2nd Addition replat and the 3rd Addition final plat The developer will be responsible for extending lateral sewer and water service to the lots therefore the sanitary sewer and water connection charges will be waived The utilities within the right of way for Commonwealth Boulevard shall be publicly owned and maintained the remaining utilities within the third addition shall be privately owned and maintained including the storm sewer connections from Block 2 to the storm sewer within Commonwealth Boulevard A portion of a drainage and utility easement within the area being replatted must be vacated prior to recording the final plat therefore final plat approval is contingent upon vacation of this easement The public hearing for the easement vacation is scheduled for the September 8 2008 City Council meeting Each new lot is subject to the sanitary sewer and water hookup charges The 2008 trunk hookup charges are 1 769 for sanitary sewer and 4 799 for watermain The City requires partial payment of the hookup charges with the final plat which is calculated as follows Watermain Access Charge WAC 1 439 unit x 109 units 156 851 00 Sanitary Sewer Access Charge SAC 530 unit x 109 units 57 770 00 79 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 7 The remainder of the sanitary sewer and watermain hookup fees will be collected with the building permit at the rates in effect at the time of issuance and may be specially assessed against the parcel at the time of building permit issuance All of the utility improvements are required to be constructed in accordance with the City s latest edition of Standard Specifications and Detail Plates The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval All public utility improvements will require a preconstruction meeting before building permit issuance Permits from the appropriate regulatory agencies will be required including the MPCA Department of Health Carver County and Watershed District STREETS Access to Block 1 will be from existing private streets that were constructed with the first addition Due to the change in building type some of the bituminous must be removed The proposed amendment to the first addition development contract and the outstanding balance of the letter of credit shall adequately cover these changes Commonwealth Boulevard will be constructed from its current terminus to Bluff Creek Boulevard and will be a 31 foot wide public street Declaration Drive and Columbia Lane will be 24 foot wide private streets extending from public roads The remaining streets within the third addition will be 20 foot wide private drives Upon project completion the developer must submit inspection soil reports certifying that the private streets were built to a 7 ton design The radius of Declaration Drive at the intersection at Commonwealth Boulevard must be modified to comply with the 20 foot minimum radius required by the City specifications The developer will install a five foot wide sidewalk along Commonwealth Boulevard The arterial collector fee for Block 1 was paid with the first addition final plat The remainder of the 3rd addition is subject to the fee which is calculated as follows 30 22 acres Gross area of Blocks 2 and 3 21 61 acres Area of Outlot A 0 84 acres Area of Right of Way x 2 400 acre 18 648 00 80 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 8 PARKS AND RECREATION The preliminary plat recommended that a trail be constructed from Commonwealth Boulevard north through Outlot A east through Outlot B connecting to Bluff Creek Boulevard This trail shall be constructed on shown on the preliminary plat Park fees required for this phase of the development using the 2008 Fee Schedule are 231 800 LANDSCAPING Required bufferyard landscaping along Bluff Creek Blvd and the east property line is summarized in the following table Required Proposed Bluff Crk Blvd 4 overs tory 14 overs tory bufferyard B 9 understory 22 understory 430 30 width 9 shrubs 49 shrubs south side of addition East property line 20 overstory 15 overstory bufferyard B 31 understory 83 understory 1040 20 width 52 shrubs 110 shrubs Applicant meets minimum requirements for bufferyard landscaping Staff recommends that evergreens trees be incorporated into the comer plantings along Bluff Creek Boulevard to protect homes from oncoming headlights The applicant may change the proposed deciduous ornamentals to evergreen varieties PUD DEVELOPMENT STANDARDS a Intent The purpose of this zone is to create a PUD neighborhood mixed density housing zone The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal All utilities are required to be placed underground b Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines The following table displays those setbacks Buildin2 Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 35 feet Interior Public Right of Wav 30 feet 50 feet Hard Surface Coverage Total site 30 26 35 of net 81 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 9 RESIDENTIAL STANDARDS Each building permit must conform to the following standards as well as the Exterior Color and Material Manual and Building plan 1 Premier Homes a Two Story with or without basement b Building exterior material shall be a combination of 4 vinyl siding or shake and brick and other masonry material c Colors used shall be consistent with the Exterior Color and Material Manual dated December 2005 d Each fown house shall consist of 4 and 6 units with 2 car garages The garage door shall be decorative with windows e Each unit shall utilize accent architectural features such as louvers dormers shed or gable dormers over the patio etc f All units shall utilize fiberglass shingles g All units shall have access onto an interior street h All mechanical equipment shall be screened with material compatible to the building or landscaping 1 Garage doors must be decorative and include windows 2 Regency Homes a Two story buildings with underground parking buildings are 10 and 12 units b Building exterior material shall be a combination of 4 vinyl siding vinyl shakes brick and stone and other masonry material c Colors used shall be consistent with the Exterior Color and Material Manual dated December 2005 d Each unit shall utilize accent architectural features such as louvers dormers front porches etc e All units shall utilize fiberglass shingles f All units shall have access onto an interior street g All mechanical equipment shall be screened with material compatible to the building or landscaping h Garage doors must be decorative and include windows 3 Concord homes a Three story lookout town homes four to seven unit town homes with garages in the rear b Building exterior material shall be a combination of 4 vinyl siding or shake and brick and stone and other masonry material c Colors used shall be consistent with the Exterior Color and Material Manual dated December 2005 82 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 10 d Garage doors shall be decorative and have windows and have a shed roof over door e Each unit shall utilize accent architectural features such as dormers gable and shed roofs porches pergolas over the porch etc f All units shall utilize fiberglass shingles g All units shall have access onto an interior street h All mechanical equipment shall be screened with material compatible to the building or landscaping 4 Chateau homes a Two story town homes with tuck under garage four to eight unit town homes b Building exterior material shall be a combination of 4 vinyl siding or shake and brick and stone and other masonry material c Colors used shall be consistent with the Exterior Color and Material Manual dated December 2005 d Garage doors must be decorative and include windows e Each unit shall utilize accent architectural features such as dormers bay windows arched windows shutters etc f All units shall utilize Class A fiberglass asphalt shingles 230 lb per sq inch g All units shall have access onto an interior street h All mechanical equipment shall be screened with material compatible to the building or landscaping REVIEW CONDITIONS OF APPROVAL On October 10 2005 the Chanhassen City Council approved the following Rezoning from A2 to PUD R preliminary site plan review with subdivision of 6 blocks and 69 buildings including 444 units 3 outlots A B which represent the Overlay District and C which is the association pool and 7 common lots of 91 02 acres conditional uses for the development in the Bluff Creek Overlay District and alteration of the Flood Plain and a Wetland Alteration Permit as stated below and as shown on the site plan and construction plans dated 9 06 05 subject to the following conditions 1 Provide design plan that shows the color and architectural detail for each unit on the site for final plat approval This condition has been modified to state The developer shall build according to the PUD Standards and the Exterior Color and Materials Booklet dated December 2005 2 The assessment for the AUAR will be paid at the time of plat recording The assessment amount based on gross acreage of 15 5 plus wetland delineation and cultural resources inventory is 22 709 00 83 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 11 This condition has been met 3 The final plat cannot be presented to City Council for approval until City Project 04 05 is awarded This condition has been met 4 Before site grading commences the three existing buildings on the property must be razed This condition has been met 5 On street parking may be used to satisfy the parking requirement with the following stipulations On street parking is prohibited between November 1 and April 1 between the hours of 1 00 a m and 7 00 a m consistent with Section 12 16 of the City Code Winter Parking Regulations Credit for on street parking is not allowed along the curve of the public streets This condition still applies 6 The developer s engineer must work with Peterson Bluff s engineer to ensure that the proposed grading on each property matches at the property line and to eliminate and or decrease the height of retaining walls to the maximum extent possible This condition has been met 7 Ground slopes shall not exceed 3H IV This condition has been met 8 The final grading plan must show the proposed top and bottom of wall elevations for all retaining walls This condition has been met 9 Retaining walls over four feet high must be designed by a Structural Engineer registered in the State of Minnesota and require a building permit This condition still applies 10 The existing driveway at Audubon Road must be removed 84 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 12 This condition has been met 11 All of the ponds are required to be designed to National Urban Runoff Program NURP standards with maximum 3 1 slopes and a 10 1 bench at the NWL This condition still applies 12 The lowest floor elevation of all buildings must be at least three feet above the HWL of the adjacent ponds This condition still applies 13 The last public storm water structure that is road accessible prior to discharging to a water body must have a 3 foot sump This condition still applies 14 The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from homes not adjacent to ponds This condition no longer applies 15 The style of home and lowest floor elevation must be noted on the final grading plan This condition still applies 16 Blanket drainage and utility easements are required over all common lots however the following storm sewer segments shall be owned and maintained by the homeowners association a Northeast and west of Lot 5 Block 1 b Within the private cuI de sac to Lots 1 4 Block 3 c The connection between the private drives to Lots 9 10 11 and 12 Block 1 and the public lateral within Street A d The connection between the private cuI de sac to Lots 1 1 Block 3 and the public lateral within Street D e East of Lot 7 Block 1 f North of Lots 11 13 Block 5 g Vest of and between Lots 2 and 3 Block 6 This condition no longer applies 17 The plat must be signed by a Land Surveyor registered in the State of Minnesota 85 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 13 This condition has been met 18 A minimum 75 foot long rock construction entrance must be shown on the plans I This condition has been met 19 Tree preservation fencing must bein talled at the limits of tree removal This condition still applies 20 An easement is required from the ap ropriate property owner for any off site grading This condition still applies 21 If importing or exporting material for development of the site is necessary the applicant will be required to supply the City with detailed haul routes This condition still applies 22 Utility services for the buildings must be shown on the final utility plan Sanitary services must be 6 inch PVC and water service must be I inch copper Type K This condition has been met 23 Each new lot is subject to the sanitary sewer and water hookup charges The 2005 trunk hookup charge is 1 458 for sanitary sewer and 2 955 for watermain Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance This condition has been modified as follows The developer must pay a portion of the SAC and WAC charges with the final plat Watermain Access Charge WAC 1 439 unit x 109 units 156 851 Sanitary Sewer Access Charge SAC 530 unit x 109 units 57 770 24 Upon project completion the developer must submit inspection soil reports certifying that the private streets were built to a 7 ton design This condition still applies 25 All of the utility improvements are required to be constructed in accordance with the City s latest edition of Standard Specifications and Detail Plates The applicant is also required to 86 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 14 enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance This condition still applies 26 Permits from the appropriate regulatory agencies will be required prior to construction including but not limited to MPCA Department of Health Carver County and Watershed District This condition has been combined with Condition 53 27 The benchmark used to complete the site survey must be shown on the grading plan This condition has been met 28 Intersection neck downs are limited to public street intersections only This condition applies to this phase 29 Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication This condition has been modified as follows Park fees to be paid with the recording of the plat shall be 231 800 30 The trails on both the north and south sides of collector road A are widened to 10 feet This condition has been met 31 The internal or pri v ate trail north of Block 1 shall be carefully planned and constructed to allow convenient access to the Bluff Creek Corridor subject to staff approval This condition applies to this phase 32 Other internal or private trails connecting residents to amenities within the PUD be enhanced The trail on the north portion of the site in outlot a shall be constructed with this phase 33 Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act MR 8420 This condition still applies 87 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 15 34 The applicant shall work with staff to address comments received from the reviewing agencies including conducting MnRAMs for impacted and replacement wetlands for use in sequencing flexibility for impacts on wetlands A D E J and L Details regarding the stabilization of areas upslope of mitigation area M2 shall be included in the replacement plan More detailed plans for mitigation areas Ml and M2 including cross sections shall be submitted The applicant shall consider restorations of wetlands A F and G for new wetland credit The applicant must receive approval of a wetland replacement plan prior to or concurrent with final plat approval and prior to wetland impacts occurring This condition has been met 35 A five year wetland replacement monitoring plan shall be submitted The replacement monitoring plan shall include a detailed management plan for invasive non native species particularly hybrid cattail purple loosestrife and reed canary grass The plans shall show fixed photo monitoring points for the replacement wetland The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland This condition applies with the 2nd Addition 36 A wetland buffer 16 5 to 20 feet in width with a minimum average of 16 5 feet shall be maintained around all wetlands vith the exception of Basin C wetland buffer 20 to 30 feet in vidth v ith a minimum average of 20 feet shall be maintained around Basin C Wetland buffer areas shall be preserved 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 must pay the City 20 per sign This condition applies only to the 2nd Addition 37 All structures shall be set back 40 feet from the edge of the wetland buffer The wetland buffer setback should be shown on the plans The proposed building on Lot 1 block 1 and Lot 4 Block 3 shall be revised to meet the required wetland setback This condition applies only to the 2nd Addition 38 The applicant shall submit a letter of credit equal to 110 of the cost of the wetland creation including grading and seeding to ensure the design standards for the replacement wetland are met The letter of credit shall be effective for no less than five years from the date of final plat approval The applicant shall submit a cost estimate for wetland creation including grading and seeding so the City can calculate the amount of the wetland creation letter of credi t This condition has been met 88 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 16 39 Clay diversions shall be used to divert runoff around the wetlands on the south side of the development to the temporary sediment basins downslope of them This condition does not apply 40 Bluff areas i e slope greater than or equal to 30 and a rise in slope of at least 25 feet above the toe shall be preserved In addition all structures shall maintain a 30 foot setback from the bluff and no grading may occur within the bluff impact zone i e the bluff and land located within 20 feet from the top of a bluff This condition still applies 41 No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor All structures shall meet the 40 foot setback from the primary corridor This condition still applies 42 A copy of the LOMA shall be submitted to the City prior to alterations within the floodplain In lieu of a LOMA the applicant shall obtain a conditional use permit for alterations within the floodplain This condition has been met 43 The developer shall determine the base flood elevation lOO year to ensure that the structures will meet all floodplain elevation requirements This condition has been met 44 The grade stabilization structure at the north end of Basin A is in disrepair and shall be replaced Before the development incorporates this structure into the permanent storm water management system the structure shall be assessed and a plan proposed and approved by the city for the repair or replacement of the structure as well as long term maintenance The applicant shall work with the property owner to the north to get permission to repair or replace the structure This condition has been met 45 Drainage and utility easements with a minimum width of 20 feet shall be provided over all existing wetlands wetland mitigation areas buffer areas used as PVC and storm water infrastructure This condition still applies 89 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 17 46 A complete Storm Water Pollution Prevention Plan SWPPP shall be in place before applying for and receiving NPDES construction permit coverage from the Minnesota Pollution Control Agency MPCA This condition still applies 47 Minimization of the amount of exposed soils on the site is needed phasing of the development shall limit the disturbed areas open This condition has been met 48 All emergency overflows need temporary and permanent stabilization and shall be shown in a detail or on the SWPPP Energy dissipation riprap and geotextile fabric shall be installed within 24 hours of installation of flared end sections and outlet structures This condition still applies 49 Erosion control blanket shall be installed on all slopes greater than or equal to 3 1 All exposed soil areas shall have temporary erosion protection or permanent cover year round according to the following table of slopes and time frames Tvpe of Slope Steeper than 3 1 10 1 t03 1 Flatter than 10 1 Time 7 days 14 days 21 days Maximum time an area can remain open when the area is not actively being worked These areasinc1ude constructed storm water management pond side slopes and any exposed soil areas with a positive slope to a storm water conveyance system such as a curb and gutter system storm sewer inlet temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water This condition still applies 50 Temporary sediment basins shall be constructed and could be located in the proposed permanent storm water pond locations If Pond does not get excavated prior to disturbing the contributing area a temporary basifl shall be COflstructed approximately in the areas of Street D and Lot 5 Block 3 Temporary basins shall be labeled on the SWPPP A detail shall be provided for the temporary outlet structures for the temporary basins Clay berms shall be used to temporarily divert runoff from the constructiofl site to the temporary basins prior to discharge Additionally the clay diversions shall be used to divert runoff around the wetlands on the south side of the development to the temporary sediment basins downslope of them 90 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 18 This condition has been modified 51 Chanhassen Type 2 Heavy Duty silt fence shall be used around all wetlands streams creeks bluffs and ravines Chanhassen Type 1 silt fence shall be used around the remaining areas The inlet control for area inlets not curbside detail shall be mono mono heavy duty machine sliced silt fence with 4 foot maximum spacing for metal T posts A rock berm placed around the silt fence shall be at least 2 feet wide and 1 foot high of 1 Y2 inch clear rock Wimco type inlet controls shall be installed in all inlets through out the project within 24 hours of inlet installation Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed This condition still applies 52 At this time the estimated total SWMP fee due payable to the City at the time of final plat recording is 288 050 This condition has been modified as follows At this time the estimated total SWMP fee due payable to the City at the time of final plat recording is 288 050 68 609 20 for the 3rd Addition 53 The applicant shall apply for and obtain permits from the appropriate regulatory agencies e g Riley Purgatory Bluff Creek Watershed District Minnesota Pollution Control Agency National Pollutant Discharge Elimination System Construction Permit Minnesota Department of Natural Resources dewatering permit MN Department of Health Carver County and Army Corps of Engineers and comply with their conditions of approval This condition still applies 54 Tree protection fencing shall be installed prior to construction around all areas designated for preservation and or edge of grading limits This condition still applies 55 A walk through inspection of the silt tree preservation fence shall be required prior to construction This condition still applies 56 A turf plan shall be submitted to the city indicating the location of sod and seeding areas This condition has been met 91 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 19 57 Dedication of Outlot A and B shall be made to the city or a conservation easement shall be established over said outlots This condition still applies to Outlot B 58 A lO foot clear space must be maintained around fire hydrants Le street lamps trees shrubs bushes Xcel Energy Qwest 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 This condition still applies 59 There are a number of additional fire hydrants required and some will be re Iocated This condition has been met 60 Fire apparatus access roads and water supply for fire protection is required to be installed Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided This condition still applies 61 Temporary street signs shall be installed on street intersection when construction of the new roadway allows passage by vehicles Pursuant to 2002 Minnesota Fire Code Section 501 4 This condition still applies 62 No burning permits will be issued for trees to be removed Trees and shrubs must either be removed from site or chipped This condition still applies 63 Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval The Chanhassen Building Official and Fire Marshal will determine which streets will need naming This condition has been met 64 No parking fire lane signs will be required Contact the Chanhassen Fire Marshal for exact location of signs to be installed This condition is similar to 69 92 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 20 65 Submit cul de sac design dimensions to City Engineer and Fire Marshal for review and approval This condition has been met 66 Accessibility will have to be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341 Further information is needed to determine these requirements This condition still applies 67 Buildings over 8 500 sq ft in size must be protected with an automatic fire protection system The State of Minnesota is in the process of revising Chapter 1306 of the Minnesota State Building Code regarding fire protection systems It is not yet entirely clear how these changes will affect residential construction It is important that the developer meet with the Inspections Division prior to final design to determine what ramifications if any the new requirements will have on the project This condition still applies 68 The developer must submit a list of proposed street names and an addressing plan for review and approval prior to final plat of the property This condition had been met 69 Demolition permits must be obtained before demolishing any structures on the site This condition has been met 70 A final grading plan and soils report must be to the Inspections Division before permits can be issued This condition still applies 71 Walls and projections within 3 feet of property lines are required to be of one hour fire resistive construction This condition still applies 72 The buildings will be required to be designed by an architect and engineer as determined by the Building Official 93 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 21 This condition still applies 73 The developer and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures This condition has been met RECOMMENDA TION Staff recommends that the City Council adopt the following motion The City Council approves the final plat for Liberty on Bluff Creek 3rd Addition Planning Case 05 11 creating 3 blocks and 61 lots for a total of 109 dwelling units as shown on construction and landscaping plans and final plat received July 25 2008 subject to the following conditions 1 The City is currently sponsoring a TMDL study for Bluff Creek The location of Bluff Creek and the tributary channels must be clearly called out on all applicable plans so that extra care is taken in those areas tributary to these water features 2 Inlet protection shall be shown on all storm sewer inlets with the potential to receive runoff from the site 3 Mulch placed in those areas not within the residential area must use Type 3 Certified Weed Free mulch 4 All ditches temporary or permanent must be stabilized the last 200 feet prior to discharge off site or into surface waters 5 Rock construction entrance must be 75 feet in length per City standards 6 All language changes to the SWPPP must be made per the comments of the Water Resources Coordinator 7 Evergreen trees shall be incorporated into the comer plantings along Bluff Creek Boulevard to protect homes from oncoming headlights 8 All other agency approvals shall be applied for and obtained prior to any earth disturbing acti vities 9 The drainage and utility easements dedicated with the Liberty on Bluff Creek 2nd Addition plat must be shown on the final plat for Liberty on Bluff Creek 3rd Addition 10 The retaining wall north of Lots 1 and 9 Block 2 must be set back a minimumof 0 5 feet from the Commonwealth Boulevard right of way 94 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 22 11 Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota 12 Final plat approval is contingent upon the vacation of a drainage and utility easement located in Block 1 of the third addition 13 The developer must pay a portion of the SAC and WAC charges with the final plat Watermain Access Charge WAC 1 439 unit x 109 units 156 851 00 Sanitary Sewer Access Charge SAC 530 unit x 109 units 57 770 00 14 The remainder of the sanitary sewer and watermain hookup fees will be collected with the building permit at the rates in effect at the time of issuance and may be specially assessed against the parcel at the time of building permit issuance 15 Upon project completion the developer must submit inspection soil reports certifying that the private streets were built to a 7 ton design 16 The radius of Declaration Drive at the intersection at Commonwealth Boulevard must be modified to comply with the 20 foot minimum radius required by City specifications 17 The 18 648 00 Arterial Collector Fee must be paid in cash with the final plat 18 All of the ponds are required to be designed to National Urban Runoff Program NURP standards with maximum 3 1 slopes and a 10 1 bench at the NWL 19 The last public storm water structure that is road accessible prior to discharging to a water body must have a three foot sump 20 Tree preservation fencing must be installed at the limits of tree removal 21 If importing or exporting material for development of the site is necessary the applicant will be required to supply the City with detailed haul routes 22 The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from homes not adjacent to ponds 23 All of the utility improvements are required to be constructed in accordance with the City s latest edition of Standard Specifications and Detail Plates The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance 95 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 23 24 Park fees to be paid with the recording of the platshall be 231 800 25 Bluff areas i e slope greater than or equal to 30 and a rise in slope of at least 25 feet above the toe shall be preserved In addition all structures shall maintain a 30 foot setback from the bluff and no grading may occur within the bluff impact zone i e the bluff and land located within 20 feet from the top of a bluff 26 No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor All structures shall meet the 40 foot setback from the primary corridor 27 The developer shall determine the base flood elevation lOO year to ensure that the structures will meet all floodplain elevation requirements 28 Drainage and utility easements with a minimum width of 20 feet shall be provided over all existing wetlands wetland mitigation areas buffer areas used as PVC and storm water infrastructure 29 A complete Storm Water Pollution Prevention Plan SWPPP shall be in place before applying for and receiving NPDES construction permit coverage from the Minnesota Pollution Control Agency MPCA 30 All emergency overflows need temporary and permanent stabilization and shall be shown in a detail or on the SWPPP Energy dissipation riprap and geotextile fabric shall be installed within 24 hours of installation of flared end sections and outlet structures 31 Erosion control blanket shall be installed on all slopes greater than or equal to 3 1 All exposed soil areas shall have temporary erosion protection or permanent cover year round according to the following table of slopes and time frames Type of Slope Steeper than 3 1 10 1 t03 1 Flatter than 10 1 Time 7 days 14 days 21 days Maximum time an area can remain open when the area is not actively being worked These areas include constructed storm water management pond side slopes and any exposed soil areas with a positive slope to a storm water conveyance system such as a curb and gutter system storm sewer inlet temporary or permanent drainage ditch or other natural or manmade systems that discharge to a surface water 32 Temporary sediment basins shall be constructed and could be located in the proposed permanent storm water pond locations 96 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 24 33 Chanhassen Type 2 Heavy Duty silt fence shall be used around all wetlands streams creeks bluffs and ravines Chanhassen Type 1 silt fence shall be used around the remaining areas The inlet control for area inlets not curbside detail shall be mono mono heavy duty machine sliced silt fence with 4 foot maximum spacing for metal T posts A rock berm placed around the silt fence shall be at least 2 feet wide and 1 foot high of 1 V2 inch clear rock Wimco type inlet controls shall be installed in all inlets throughout the project within 24 hours of inlet installation Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed 34 The SWMP fee due payable to the City at the time of final plat recording for Liberty on Bluff Creek 3rd Addition is 68 609 20 35 The applicant shall apply for and obtain permits from the appropriate regulatory agencies e g Riley Purgatory Bluff Creek Watershed District Minnesota Pollution Control Agency National Pollutant Discharge Elimination System Construction Permit Minnesota Department of Natural Resources dewatering permit MN Department of Health Carver County and Army Corps of Engineers and comply with their conditions of approval 36 Tree protection fencing shall be installed prior to construction around all areas designated for preservation and or edge of grading limits A walk through inspection of the silt tree preservation fence shall be required prior to construction 37 A lO foot clear space must be maintained around fire hydrants i e street lamps trees shrubs bushes Xcel Energy Qwest cable TV and transformer boxes to ensure that fire hydrants can be quickly located and safely operated by firefighters 38 Temporary street signs shall be installed on street intersections when construction of the new roadway allows passage by vehicles pursuant to 2002 Minnesota Fire Code Section 501 4 39 No burning permits will be issued for trees to be removed Trees and shrubs must either be removed from site or chipped 40 Accessibility will have to be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341 Further information is needed to determine these requirements 41 Buildings over 8 500 square feet in size must be protected with an automatic fire protection system The State of Minnesota is in the process of revising Chapter 1306 of the Minnesota State Building Code regarding fire protection systems It is not yet entirely clear how these changes will affect residential construction It is important that the developer meet with the Inspections Division prior to final design to determine what ramifications if any the new requirements will have on the project 97 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05 11 August 25 2008 Page 25 42 A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued 43 Walls and projections within three feet of property lines are required to be of one hour fire resistive construction 44 The buildings will be required to be designed by an architect and engineer as determined by the Building Official 45 Due to the proposed Planned Unit Development zoning for the development Staff supports the proposed 20 foot wide private streets The developer requests flexibility with the PUD to allow for on street parking in order to satisfy a portion of the development s parking requirements Staff supports the on street parking proposal subject to the following conditions a On street parking is prohibited between November 1 and April 1 between the hours of 1 00 a m and 7 00 a m consistent with Section 12 16 of the City Code Winter Parking Regulations b Credit for on street parking is not allowed along the curve of the public streets 46 The developer shall build according to the PUD Standards and the Exterior Color and Materials Booklet dated December 2005 47 No Parking Fire Lane signs will be required Contact the Chanhassen Fire Marshal for exact location of signs to be installed ATTACHMENTS 1 Liberty on Bluff Creek Third Addition Final Plat dated July 25 2008 g plan 2005 planning cases 05 ll liberty on bluff creek 3rd addition final plat plans 7 08 cc report 8 25 08 doc 98 I I I I I I 1 4 fen h I 7 1 g I t S J Y s 1i 1 E I J 1 1 I J f L L cj l J I 0fj tZ I I Qd t t S Il a CI Il S Z I 8 lo fr iIZ 3 or 069 N t i llII I CW t 5 c y 4 r J i 1 i Io m 9a I 5 5 t t 5 i V v 0 rj i iii B t3 it L Jf7d 7 JfN I t I I I I ll I g I I II I t6 t j i iss i t1 l m Zs I f j f d b I I 10 AdO J b ic t oe i j li I il 1 A HtfN W 73Hd 5 i 6 i i XOE iii i b 1 so j i Q O O t mi t I 99 Q 0 I i j I i l i Ii l l tl i o i 5 i c gi ll o l Cl i lI a Ot e l l e 1i i l8 s i q oq 1 1 I It i S 5 I f5 9 a NDU J fON I mD l Ifl18NO J UJ38f7 JQ ja d l 1 3 184 qo llI lfl tJfDJ J 11 01 2 1g 1 6 U OBl 3 OCo6B N 1 y i 1 LQW H84044 01 E 9 9 1 00 9 1 3 i Gr n N 0 1 J t t 69 N i LVlollRN S i Z t 0 0 10 ill l k k I 8 t I 1 8 ill til it t i i I I i i Tt 1 J IJIl J7 59 O C f l W L 1 91 42 34 I ri r L9W 3 W 6B 1 3 t 9l I iN Y 8 19 9f1 S O ollR N it J f t 1 hI g z I J J W Of lIR N 1 0 0 z jfi tI ii i Ii f i07 gg 1 or 69 H g gJ 8 I l Q S Zl l SQ H M 27 fr C Zt lfl a l Zt J9 BI f2 i 1 69N 1 69N I U jg 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i g i i1 Cl 0 m Q i i Il H ti f S j 01 b t o i 1 0 F511 h t l O j 0 0 i q CW lQi LIl n it 8 5 0 10 f5 ea LIZ 3 fS OCo69 N oow I 99 W 00 I I I I I I I I I hi t g 8 n 8 i l I i l I I I 0 I 1 t 3 69H l c 3 59H i k 0 ii i 1 i H l I H 6i IT 69 N lit i g C 8 C @ I I I I I I I n I I I I I I 0 0 l 1 Vb 3 a I V 0 oow IT LlZ W 3 oro68 N L tf7d 7tfN 0 AdO A I ItfN W 73I 1d J 101 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us 2 c MEMORANDUM TO Paul Oehme Director of Public Works City Engineer 10 I FROM Alyson Fauske Assistant City Engineer At August 25 2008 DATE SUBJ Approve Development Contract and Construction Plans and Specifications for Liberty on Bluff Creek 3rd Addition Simple Majority Vote Required The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications A 784 189 28 financial security is required to guarantee compliance with the terms of the development contract relating to the installation of public streets and utilities one year of public street light operating costs engineering surveying inspection and landscaping The cash fees for this project total 553 183 20 A breakdown of the cash fee is shown on pages SP 3 of the development contract No City funds are needed as part of this private development project The applicant has also submitted detailed construction plans and specifications for staff review and City Council approval Staff has reviewed the plans and specifications and finds the plans still need some minor modifications Staff requests that the City Council grant staff the flexibility to administratively approve the plans after working with the applicant s engineer to modify the plans accordingly It is therefore recommended that the construction plans and specifications for Liberty on Bluff Creek 3rd Addition dated July 25 2008 prepared by Westwood Engineering and the development contract dated August 25 2008 be approved conditioned upon the following 1 The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit for 784 189 28 and pay a cash fee of 553 183 20 2 The applicant s engineer shall work with City staff in revising the construction plans to meet City standards Attachments 1 Development Contract dated August 25 2008 2 Construction plans and specifications are available for review in the Engineering Department c Westwood Engineering G ENG PROJECTS K O Liberty on Bluff Creek 3rd approve dc docx Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 102 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA LIBERTY ON BLUFF CREEK 3RD ADDITION DEVELOPMENT CONTRACT Developer Installed Improvements 103 TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1 REQUEST FOR PLAT APPROV AL SP l 2 CONDITIONS OF PLAT APPROVAL SP l 3 DEVELOPMENT PLANS SP l 4 IMPROVEMENTS SP 2 5 TIME OF PERFORMANCE SP 2 6 SECURITy SP 2 7 NOTICE SP 3 8 OTHER SPECIAL CONDITIONS SP 3 9 GENERAL CONDITIONS SP 8 GENERAL CONDITIONS 1 RIGHT TO PROCEED GC l 2 PHASED DEVELOPMENT GC l 3 PRELIMINARY PLAT STATUS GC l 4 CHANGES IN OFFICIAL CONTROLS GC l 5 IMPROVEMENTS GC l 6 IRON MONUMENTS GC 2 7 LICENSE GC 2 8 SITE EROSION AND SEDIMENT CONTROL GC 2 8A EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING GC 2 9 CLEAN UP GC 3 10 ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS GC 3 11 CLAIMS GC 3 12 PARK DEDICATION GC 3 13 LANDSCAPING GC 3 14 WARRANTY GC 4 15 LOT PLANS GC 4 16 EXISTING ASSESSMENTS GC 4 17 HOOK UP CHARGES GC 4 18 PUBLIC STREET LIGHTING GC 4 19 SIGNA GE GC 5 20 HOUSE PADS GC 5 21 RESPONSIBILITY FOR COSTS GC 5 22 DEVELOPER S DEFAULT GC 6 22 MISCELLANEOUS A Construction Trailers GC 6 B Postal Service GC 7 C Third Parties GC 7 D Breach of Contract GC 7 i 104 E Severability GC 7 F Building Permits GC 7 G Waivers Amendments GC 7 H Release GC 7 I Insurance GC 7 J Remedies GC 8 K Assignability GC 8 L Construction Hours GC 8 M Noise Amplification GC 8 N Access GC 8 O Street Maintenance GC 8 P Storm Sewer Maintenance GC 9 Q Soil Treatment Systems GC 9 R Variances GC 9 S Compliance with Laws Ordinances and Regulations GC 9 T Proof of Title GC 9 U Soil Conditions GC l 0 V Soil Correction GC l 0 W Haul Routes GC l 0 X Development Signs GC l 0 Y Construction Plans GC l 0 Z As Built Lot Surveys GC ll ii 105 CITY OF CHANHASSEN DEVELOPMENT CONTRACT Developer Installed Improvements LIBERTY ON BLUFF CREEK 3RD ADDITION SPECIAL PROVISIONS AGREEMENT dated August 25 2008 by and between the CITY OF CHANRASSEN a Minnesota municipal corporation the City and K Rovnanian T C Homes at Minnesota L L C a Minnesota limited liability company the Developer 1 Request for Plat Approval The Developer has asked the City to approve a plat for Liberty on Bluff Creek 3rd Addition referred to in this Contract as the plat The land is legally described on the attached Exhibit A 2 Conditions of Plat Approval The City hereby approves the plat on condition that the Developer enter into this Contract furnish the security required by it and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat 3 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 after entering the Contract but before commencement 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 August 25 2008 prepared by Westwood Professional Services Inc Plan B Grading Drainage and Erosion Control Plan dated July 25 2008 prepared by Westwood Professional Services Inc Plan C Plans and Specifications for Improvements dated July 25 2008 prepared by Westwood Professional Services Inc Plan D Landscape Plan dated July 25 2008 prepared by Westwood Professional Services Inc SP l 106 4 Improvements The Developer shall install and pay for the following A Sanitary Sewer System B Water System C Storm Water Drainage System D Streets E Concrete Curb and Gutter F Street Lights G Site GradinglRestoration H Underground Utilities e g gas electric telephone CATV I Setting of Lot and Block Monuments J Surveying and Staking K Landscaping L Erosion Control 5 Time of Performance The Developer shall install all required improvements except for the wear course on public streets by November 15 2009 The Developer may however request an extension of time from the City Engineer If an extension is granted it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date 6 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 in the form attached hereto from a bank acceptable to the City or cash escrow security for 784 189 28 The amount of the security was calculated as 110 of the following Sanitary Sewer 110 293 10 Watermain 122 988 00 Storm Sewer Drainage System including cleaning and maintenance 55 335 00 Streets 365 420 00 Sub total Construction Costs 654 036 10 Engineering surveying and inspection 7 of construction costs 45 782 53 Landscaping 2 of construction costs 13 080 72 Sub total Other Costs 58 863 25 TOTAL COST OF PUBLIC IMPROVEMENTS 712 899 35 SECURITY AMOUNT 110 of 712 899 35 784 189 28 This breakdown is for historical reference it is not a restriction on the use of the security The security shall be subject to the approval of the City The City may draw down the security without SP 2 107 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 time as fmancial obligations are paid but in no case shall the security be reduced to a point less than 10 of the original amount until 1 all improvements have been completed 2 iron monuments for lot comers have been installed 3 all fmancial obligations to the City satisfied 4 the required record plans have been received by the City 5 a warranty security is provided and 6 the public improvements are accepted by the City 7 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 Kevin Clark Vice President Land Development K Hovnanian T C Homes at Minnesota 7615 Smetana Lane Suite 180 Eden Prairie MN 55344 Phone 952 944 3455 Notices to the City shall be in writing and shall be either hand delivered to the City Manager or mailed to the City by certified mail in care of the City Manager at the following address Chanhassen City Hall 7700 Market Boulevard P O Box 147 Chanhassen Minnesota 55317 Telephone 952 227 1100 8 Other Special Conditions A SECURITIES AND FEES A 784 189 28 letter of credit or escrow for the developer installed improvements the 338 562 20 cash administration fee and the fully executed development contract must be submitted and shall be submitted prior to scheduling a pre construction meeting The cash fee was calculated as follows Administration Fee 3 of 500 000 2 of 154 000 18 080 00 Street Lighting Fee 1 light x 300 light 300 00 Final Plat Fee 450 00 GIS Fee 25 plat 1 O parcel x 65 parcels 675 00 Surface Water Management Fee 68 609 20 Park Dedication Fee 231 800 00 Arterial Collector Fee 7 77 acres x 2 400 acre 18 648 00 Watermain Access Charge 109 units x 1 439 unit 156 851 00 Sanitary Sewer Access Charge 109 units x 530 unit 57 770 00 TOTAL CASH FEE 553 183 20 SP 3 108 B CONDITIONS OF APPROVAL 1 The City is currently sponsoring a TMDL study for Bluff Creek The location of Bluff Creek and the tributary channels must be clearly called out on all applicable plans so that extra care is taken in those areas tributary to these water features 2 Inlet protection shall be shown on all storm sewer inlets with the potential to receive runoff from the site 3 Mulch placed in those areas not within the residential area must use Type 3 Certified Weed Free mulch 4 All ditches temporary or permanent must be stabilized the last 200 feet prior to discharge off site or into surface waters 5 Rock construction entrance must be 75 feet in length per City standards 6 All language changes to the SWPPP must be made per the comments of the Water Resources Coordinator 7 Evergreen trees shall be incorporated into the comer plantings along Bluff Creek Boulevard to protect homes from oncoming headlights 8 All other agency approvals shall be applied for and obtained prior to any earth disturbing activities 9 The drainage and utility easements dedicated with the Liberty on Bluff Creek 2nd Addition plat must be shown on the mal plat for Liberty on Bluff Creek 3rd Addition 10 The retaining wall north of Lots 1 and 9 Block 2 must be set back a minimumof 0 5 feet from the Commonwealth Boulevard right of way 11 Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota 12 Final plat approval is contingent upon the vacation of a drainage and utility easement located in Block 1 of the third addition 13 The developer must pay a portion of the SAC and WAC charges with the final plat Watermain Access Charge WAC 1 439 unit x 109 units 156 851 00 Sanitary Sewer Access Charge SAC 530 unit x 109 units 57 770 00 SP 4 109 14 The remainder of the sanitary sewer and watermain hookup fees will be collected with the building permit at the rates in effect at the time of issuance and may be specially assessed against the parcel at the time of building permit issuance 15 Upon project completion the developer must submit inspection soil reports certifying that the private streets were built to a 7 ton design 16 The radius of Declaration Drive at the intersection at Commonwealth Boulevard must be modified to comply with the 20 foot minimum radius required by City specifications 17 The 18 648 00 Arterial Collector Fee must be paid in cash with the final plat 18 All of the ponds are required to be designed to National Urban Runoff Program NURP standards with maximum 3 1 slopes and a 10 1 bench at the NWL 19 The last public storm water structure that is road accessible prior to discharging to a water body must have a three foot sump 20 Tree preservation fencing must be installed at the limits of tree removal 21 If importing or exporting material for development of the site is necessary the applicant will be required to supply the City with detailed haul routes 22 The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from homes not adjacent to ponds 23 All of the utility improvements are required to be constructed in accordance with the City s latest edition of Standard Specifications and Detail Plates The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of fmal plat approval The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance 24 Park fees to be paid with the recording of the plat shall be 231 800 25 Bluff areas i e slope greater than or equal to 30 and a rise in slope of at least 25 feet above the toe shall be preserved In addition all structures shall maintain a 30 foot setback from the bluff and no grading may occur within the bluff impact zone i e the bluff and land located within 20 feet from the top of a bluff 26 No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor All structures shall meet the 40 foot setback from the primary corridor SP 5 110 27 The developer shall determine the base flood elevation 100 year to ensure that the structures will meet all floodplain elevation requirements 28 Drainage and utility easements with a minimum width of 20 feet shall be provided over all existing wetlands wetland mitigation areas buffer areas used as PVC and storm water infrastructure 29 A complete Storm Water Pollution Prevention Plan SWPPP shall be in place before applying for and receiving NPDES construction permit coverage from the Minnesota Pollution Control Agency MPCA 30 All emergency overflows need temporary and permanent stabilization and shall be shown in a detail or on the SWPPP Energy dissipation riprap and geotextile fabric shall be installed within 24 hours of installation of flared end sections and outlet structures 31 Erosion control blanket shall be installed on all slopes greater than or equal to 3 1 All exposed soil areas shall have temporary erosion protection or permanent cover year round according to the following table of slopes and time frames Type of Slope Steeper than 3 1 10 1 to 3 1 Flatter than 10 1 Time 7 days 14 days 21 days Maximum time an area can remain open when the area is not actively being worked These areas include constructed storm water management pond side slopes and any exposed soil areas with a positive slope to a storm water conveyance system such as a curb and gutter system storm sewer inlet temporary or permanent drainage ditch or other natural or manmade systems that discharge to a surface water 32 Temporary sediment basins shall be constructed and could be located in the proposed permanent storm water pond locations 33 Chanhassen Type 2 Heavy Duty silt fence shall be used around all wetlands streams creeks bluffs and ravines Chanhassen Type 1 silt fence shall be used around the remaining areas The inlet control for area inlets not curbside detail shall be mono mono heavy duty machine sliced silt fence with 4 foot maximum spacing for metal T posts A rock berm placed around the silt fence shall be at least 2 feet wide and 1 foot high of I Y inch clear rock Wimco type inlet controls shall be installed in all inlets throughout the project within 24 hours of inlet installation Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed 34 The SWMP fee due payable to the City at the time of fmal plat recording for Liberty on Bluff Creek 3rd Addition is 68 609 20 SP 6 111 35 The applicant shall apply for and obtain permits from the appropriate regulatory agencies e g Riley Purgatory BluffCreek Watershed District Minnesota Pollution Control Agency National Pollutant Discharge Elimination System Construction Permit Minnesota Department of Natural Resources dewatering permit MN Department of Health Carver County and Army Corps of Engineers and comply with their conditions of approval 36 Tree protection fencing shall be installed prior to construction around all areas designated for preservation and or edge of grading limits A walk through inspection of the silt tree preservation fence shall be required prior to construction 37 A 10 foot clear space must be maintained around fire hydrants i e street lamps trees shrubs bushes Xcel Energy Qwest cable TV and transformer boxes to ensure that fire hydrants can be quickly located and safely operated by firefighters 38 Temporary street signs shall be installed on street intersections when construction ofthe new roadway allows passage by vehicles pursuant to 2002 Minnesota Fire Code Section 501 4 39 No burning permits will be issued for trees to be removed Trees and shrubs must either be removed from site or chipped 40 Accessibility will have to be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341 Further information is needed to determine these requirements 41 Buildings over 8 500 square feet in size must be protected with an automatic fIre protection system The State of Minnesota is in the process of revising Chapter 1306 of the Minnesota State Building Code regarding fire protection systems It is not yet entirely clear how these changes will affect residential construction It is important that the developer meet with the Inspections Division prior to final design to determine what ramifications if any the new requirements will have on the project 42 A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued 43 Walls and projections within three feet of property lines are required to be of one hour fire resistive construction 44 The buildings will be required to be designed by an architect and engineer as determined by the Building Official 45 Due to the proposed Planned Unit Development zoning for the development Staff supports the proposed 20 foot wide private streets The developer requests flexibility with the PUD to allow for on street parking in order to satisfy a portion of the development s parking SP 7 112 requirements Staff supports the on street parking proposal subject to the following conditions a On street parking is prohibited between November 1 and April 1 between the hours of 1 00 a m and 7 00 a m consistent with Section 12 16 of the City Code Winter Parking Regulations b Credit for on street parking is not allowed along the curve of the public streets 46 The developer shall build according to the PUD Standards and the Exterior Color and Materials Booklet dated December 2005 47 No Parking Fire Lane signs will be required Contact the Chanhassen Fire Marshal for exact location of signs to be installed 9 General Conditions The general conditions of this Contract are attached as Exhibit B and incorporated herein SP 8 113 CITY OF CHANHASSEN BY Thomas A Furlong Mayor SEAL AND Todd Gerhardt City Manager K Hovnanian T C Homes at Minnesota BY Arthur Plante President STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2008 by Thomas A Furlong Mayor and by Todd Gerhardt City Manager of the City of Chanhassen a Minnesota municipal corporation on behalf of the corporation and pursuant to the authority granted by its City Council NOTARY PUBLIC STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2008 by Arthur Plante President of K Hovnanian T C Homes at Minnesota a Limited Liability Company on behalf ofthe company NOTARY PUBLIC DRAFTED BY City ofChanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 11 00 SP 9 114 EXHIBIT A TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY Outlot B LffiERTY ON BLUFF CREEK 2ND ADDITION according to the recorded plat thereof Carver County Minnesota AND Lots 18 through 21 inclusive Block 1 LffiERTY ON BLUFF CREEK according to the recorded plat thereof Carver County Minnesota AND That part of Lot 27 Block 1 said LffiERTY ON BLUFF CREEK lying easterly ofa line from the northwest comer of said Lot 18 Blockl to the southwest comer of said Lot 21 Block 1 and lying westerly ofa line drawn from the northeast comer of said Lot 19 Block 1 to the southeast comer of said Lot 20 Block 1 115 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property the development of which is governed by the foregoing Development Contract agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage Dated this day of 20 STATE OF MINNESOTA COUNTY OF ss The foregoing instrument was acknowledged before me this day of 20 by NOTARY PUBLIC DRAFTED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 116 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property the development of which is governed by the foregoing Development Contract affmn and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them Dated this day of 20 STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by NOTARY PUBLIC DRAFTED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 117 IRREVOCABLE LETTER OF CREDIT No Date TO City of Chanhassen 7700 Market Boulevard Box 147 Chanhassen Minnesota 55317 Dear Sir or Madam We hereby issue for the account of Irrevocable Letter of Credit in the amount of on the undersigned bank Name of Developer and in your favor our available to you by your draft drawn on sight The draft must a Bear the clause Drawn under Letter of Credit No 2 of Name of Bank dated b Be signed by the Mayor or City Manager of the City of Chanhassen c Be presented for payment at 2 Address of Bank on or before 4 00 p m on November 30 This Letter of Credit shall automatically renew for successive one year terms unless at least forty five 45 days prior to the next annual renewal date which shall be November 30 of each year the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of or cancel this Letter of Credit Written notice is effective if sent by certified mail postage prepaid and deposited in the u s Mail at least forty five 45 days prior to the next annual renewal date addressed as follows Chanhassen City Manager Chanhassen City Hall 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 and is actually received by the City Manager at least thirty 30 days prior to the renewal date This Letter of Credit sets forth in full our understanding which shall not in any way be modified amended amplified or limited by reference to any document instrument or agreement whether or not referred to herein This Letter of Credit is not assignable This is not a Notation Letter of Credit More than one draw may be made under this Letter of Credit This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits mternational Chamber of Commerce Publication No 500 We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation BY Its 118 CITY OF CHANHASSEN DEVELOPMENT CONTRACT Developer Installed Improvements EXHIBIT B GENERAL CONDITIONS 1 Right to Proceed Within the plat or land 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 received by the City 3 the plat has been recorded with the County Recorder s Office or Registrar of Title 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 fmal plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots if any in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks Such charges will be calculated and imposed when the outlots are fmal platted into lots and blocks 3 Preliminary Plat Status If the plat is a phase of a multi phased preliminary plat the preliminary plat approval for all phases not fmal platted shall lapse and be void unless fmal platted into lots and blocks not outlots within two 2 years after preliminary plat approval 4 Changes in Official Controls 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 Thereafter notwithstanding 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 5 Improvements The improvements specified in the Special 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 GC l 119 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 part time basis The Developer shall also provide a qualified inspector to perform site inspections on a daily basis Inspector qualifications shall be submitted in writing to the City Engineer The Developer shall instruct its project engineer inspector to respond to questions from the City Inspector s and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer s design The Developer or his engineer shall schedule a preconstruction 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 6 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 S 505 02 Subd 1 The Developer s surveyor shall submit a written notice to the City certifying that the monuments have been installed 7 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 8 Site Erosion and Sediment Control Before the site is rough graded and before any utility construction is commenced or building permits are issued the erosion and sediment control plan Plan B shall be implemented inspected and approved by the City The City may impose additional erosion and sediment 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 and sediment 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 and sediment transport If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City the City may take such action as it deems appropriate to control erosion and sediment transport 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 Developer s 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 and sediment control requirements Erosion and sediment 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 and sediment control the City will authorize the removal of the erosion and sediment control i e hay bales and silt fence The Developer shall remove and dispose of the erosion and sediment control measures GC 2 120 Sa 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 to the City to guarantee compliance with City Code S 7 22 9 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 from streets and the surrounding area that has resulted from construction work by the Developer its agents or assigns 10 Acceptance and Ownership of Improvements Upon completion and acceptance by the City of the work and construction required by this Contract the improvements lying within public easements shall become City property After completion of the improvements a representative of the contractor and a representative of the Developer s engineer will make a fmal inspection of the work with the City Engineer Before the City accepts the improvements the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications The appropriate contractor waivers shall also be provided Final acceptance of the public improvements shall be by City Council resolution 11 Claims In the event that the City receives claims from laborers materialmen or others that work required by this Contract 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 ninety 90 days before the security required by this Contract will expire the Developer hereby authorizes 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 amount 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 12 Park Dedication The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements The park dedication fees shall be the current amount in force at the time of fmal platting pursuant to Chanhassen City Ordinances and City Council resolutions 13 Landscaping Landscaping shall be installed in accordance with Plan D Unless otherwise approved by the City trees not listed in the City s approved tree list are prohibited The minimum tree size shall be two and one half 2 li inches caliper either bare root in season or balled and burlapped The trees may not be planted in the boulevard area between curb and property line In addition to any sod required as a part of the erosion and sediment 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 improvements are not in place at the time a certificate of GC 3 121 occupancy is requested a fmancial guarantee of 750 00 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 after the certificate of occupancy issued except that if the certificate 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 the fmancial 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 7 22 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 14 Warranty The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship The Developer shall submit either 1 a warranty maintenance bond for 100 of the cost of the improvement or 2 a letter of credit for twenty five percent 25 of the amount of the original cost of the improvements A The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two 2 years from the date of fmal written City acceptance of the work B The required warranty period for all work relating to street construction including concrete curb and gutter sidewalks and trails materials and equipment shall be subject to two 2 years from the date of fmal written acceptance C The required warranty period for sod trees and landscaping is one full growing season following acceptance by the City 15 Lot Plans Prior to the issuance of building permits an acceptable Grading Drainage Erosion Control including silt fences and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance 16 Existing Assessments Any existing assessments against the plat will be re spread against the plat in accordance with City standards 17 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 permit unless a written request is made to assess GC 4 122 the costs over a four year term at the rates in effect at time of application If paid with the building permit the party applying for the building permit is responsible for payment ofthese fees 18 Public Street Lighting The Developer shall have installed and pay for public street lights in accordance with City standards The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance A plan shall be submitted for the City Engineer s approval prior to the installation Before the City signs the final plat the Developer shall pay the City a fee of 300 00 for each street light installed in the plat The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty 20 months 19 Signage All street signs traffic signs and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer 20 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 21 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 construction documents preparation of the Development Contract monitoring construction progress processing pay requests processing security reductions and fmal acceptance of improvements This fee does not cover the City s cost for construction inspections The fee shall be calculated as follows i if the cost of the construction of public improvements is less than 500 000 three percent 3 of construction costs ii if the cost of the construction of public improvements is between 500 000 and 1 000 000 three percent 3 of construction costs for the fIrst 500 000 and two percent 2 of construction costs over 500 000 iii if the cost of the construction of public improvements is over 1 000 000 two and one half percent 21 2 of construction costs for the fIrst 1 000 000 and one and one half percent 11 2 of construction costs over 1 000 000 Before the City signs the fmal plat the Developer shall deposit with the City a fee based upon construction estimates After construction is completed the fmal fee shall be determined based upon actual construction costs The cost of public improvements is defmed in paragraph 6 of the Special Provisions GC 5 123 B In addition to the administrative fee the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections This cost will be periodically billed directly to the Developer based on the actual progress of the construction Payment shall be due in accordance with Article 21 E of this Agreement C The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development The Developer shall indemnify the City and its officers and employees for all costs damages or expenses which the City may payor 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 ofthis Contract including engineering 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 after receipt If the bills are not paid on time the City may halt all plat development work and construction including but not limited to the issuance of building permits for lots which the Developer mayor may not have sold until the bills are paid in full Bills not paid within thirty 30 days shall accrue interest at the rate of 8 per year F In addition to the charges and special assessments referred to herein 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 permit 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 R 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 files and converting the plat and record drawings into an electronic format Record drawings must be submitted within four months of fmal acceptance of public utilities All digital information submitted to the City shall be in the Carver County Coordinate system 22 Developer s Default In the event of default by the Developer as to any ofthe 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 GC 6 124 23 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 construction 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 ofthe 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 terms 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 Severability 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 F Building Permits Building permits will not be issued in the plat until sanitary sewer watermain and storm sewer have been installed tested and accepted by the City and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans G Waivers Amendments The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract To be binding amendments or waivers 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 recorded 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 Certificate of Compliance Prior to the issuance of such a certificate individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten 10 days for processing I Insurance Developer shall take out and maintain until six 6 months after the City has accepted the public improvements public liability and property damage insurance covering GC 7 125 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 indirectly employed by any of them Limits for bodily injury and death shall be 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 certificate evidencing coverage prior to the City signing the plat The certificate shall provide that the City must be given ten 10 days advance written notice of the cancellation of the insurance The certificate may not contain any disclaimer for failure to give the required notice J Remedies Each right power or remedy herein conferred upon the City is cumulative and in addition to every other right power or remedy expressed or implied now or hereafter arising available to City at law or in equity or under any other agreement and each and every right power and remedy herein set forth or otherwise so existing may be exercised from time to time as often 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 thereafter any other right power or remedy K 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 from 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 after dark shall be adequately illuminated 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 site development and construction must cease for seven 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 ofthe 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 shall be responsible for all street maintenance until streets within the plat are accepted by the City Warning signs shall be placed by GC 8 126 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 The Developer may request in writing that the City plow snow on the streets prior to final acceptance of the streets The City shall have complete discretion to approve or reject the request The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations The provision of City snow plowing service does not constitute fmal acceptance of the streets by the City 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 Twenty percent 20 ofthe storm sewer costs shown under section 6 ofthe special provisions of this contract will be held by the City for the duration of the 2 year maintenance period Q Soil Treatment Systems If soil treatment systems are required the Developer shall clearly identify in the field and protect from alteration unless suitable alternative sites are fIrst provided the two soil treatment sites identified during the platting process for each lot This shall be done prior to the issuance of a Grading Permit Any violation disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit 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 Ordinances and Regulations 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 Army Corps of Engineers 4 Watershed District s 5 Metropolitan Government its agencies departments and commissions 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 GC 9 127 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 employees from 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 correction work on the property The City makes no representation to the Developer concerning the nature 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 fill material that have been custom graded a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot W Haul Routes The Developer the Developer s contractors or subcontractors must submit proposed haul routes for the import or export of soil construction material construction equipment or construction debris or any other purpose All haul routes must be approved by the City Engineer X Development Signs 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 fmal plat approval the developer shall provide the City with two complete sets of full size construction plans and four sets of 11 xl reduced construction plan sets and three sets of specifications Within four months 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 two complete full size sets of blue line paper 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 6 bench mark network 7 digital file of as built plans in both dxf tif format the dxf file must be tied to the current county coordinate system 8 digital file of utility tie sheets in either doc or tif format and 9 a breakdown of lineal footage of all utilities installed including the per lineal foot bid price The Developer is required to submit the final plat in electronic format GC IO 128 Z As Built Lot Surveys An as built lot survey will be required on all lots prior to the Certificate of Occupancy being issued The as built lot survey must be prepared signed and dated by a Registered Land Surveyor Sod and the bituminous driveways must be installed before the as built survey is completed If the weather conditions at the time of the as built are not conducive to paving the driveway and or installing sod a temporary Certificate of Occupancy may be issued and the as built escrow withheld until all work is complete Rev 3 31 06 GC ll 129 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us 1d MEMORANDUM TO Todd Gerhardt City Manager FROM Sharmeen Al Jaff Senior Planner DATE August 25 2008 SUBJ Approval of Registered Land Survey No 123 Planning Case No 07 13 PROPOSED MOTION Staff recommends the City Council adopt the following motion The Chanhassen City Council approves Registered Land Survey 123 Approval of this item requires a simple majority vote EXECUTIVE SUMMARY The applicant is requesting approval of a Registered Land Survey adjusting a lot line The parcel is described as Registered Land Survey 123 Tract D Government Lot 1 950 910 Pleasant View Road CUlTently a tennis court and a driveway lie within 950 Pleasant View Road which should be included as part of the parcel of 910 Pleasant View Road The approval will simplify legal descriptions for the properties PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on August 5 2008 to review the proposed Registered Land Survey The Planning Commission voted 7 0 to approve the request The summary and verbatim minutes are item la of the City Council packet RECOMMENDA TION Staff and the Planning Commission recommend the City Council adopt the following motion The Chanhassen City Council approves Registered Land Survey 123 A TT ACHMENT l Staff Report dated August 5 2008 g lplan 2007 planning casesl07 13 heddar registered land surveys 122 I 23 revised rls suhmilled july 9 2008 cxeclItive summary doc Chanhassen is a Community for life Providing for Today and Planning for Tomorrow I 130 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site INIW ci chanhassen mn us MEMORANDUM TO Planning Commission FROM Sharmeen AI Jaff Senior Planner I The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play DATE August 5 2008 b SUBJ Approval of Registered Land Survey 123 Planning Case No 07 13 The subject site is located south of Christmas Lake and north of Pleasant View Road Christmas Lake 950 P V R Ir Q I o P 4 The City has been asked to approve a Registered Land Survey for the following parcels 131 Beddor Registered Land Survey 123 Planning Case 07 13 August 5 2008 Page 2 of3 Registered Land Survey 123 Tract D Government Lot 1 950 910 Pleasant View Road Currently a tennis court and a driveway lie within 950 Pleasant View Road which should be included as part of the parcel of 91 0 Pleasant View Road The resulting lot area for 950 Pleasant View Road is 21 163 square feet and for 910 Pleasant View Road is 92 093 square feet Existing Layout Proposed Layout In the case of this request the applicant is adjusting a property line a new lot is not being created as a result of this action This request meets the City s exception to platting and may be approved as an administrative subdivision Thus no plat is required A Registered Land Survey RLS accompanies this request RLS is defined as A survey of registered Torrens title land usually done to shorten lengthy legal descriptions or divide larger parcels of Torrens title land into smaller tracts Minnesota State Statute S508 47 subd 4 requires that the RLS be approved in the manner required for the approval of subdivision plat Thus although the City s ordinance does not require anything more than an administrative subdivision for approval Minnesota Statutes require the City to approve the RLS as they would a subdivision plat To satisfy this requirement the City must hold a public hearing prior to approval of the RLS 132 Beddor Registered Land Survey 123 Planning Case 07 13 August 5 2008 Page 3 of3 City and County staff reviewed the legal description of the RLS which was prepared by a Registered Land Surveyor and found it to be accurate Once the City has approved the RLS the Mayor and City Manager will execute the RLS mylars and provide the dates of approval This will then be forwarded to the City Attorney s office for recording RECOMMENDATION Staff recommends the Planning Commission recommend approval of the attached Registered Land Survey referred to as RLS 123 ATTACHMENTS 1 Public Hearing Notice and Affidavit of Mailing 2 RLS 123 g plan 2007 planning cases 07 13 beddorregistered land surveys 122 123 revised rls submittedjuly 9 2008 staffreport doc 133 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA ss COUNTY OF CARVER I Karen J Engelhardt being first duly sworn on oath deposes that she is and was on July 24 2008 the duly qualified and acting Deputy Clerk of the City of Chanhassen Minnesota that on said date she caused to be mailed a copy of the attached notice of Public Hearing for RLS 123 Planning Case 07 13 to the persons named on attached Exhibit A by enclosing a copy of said notice in an envelope addressed to such owner and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer Carver County Minnesota and by other appropriate records k K J Engel rd Deput erk Subs r i 9 d and sworn to before me thi day of Jv l 2008 I KIM T MEUWISSEN I Notary Public Minnesota My Commission Expires Jan 31 2010 134 C c a CI 2 c s c 0 0 CI l CI E J E 5 0 cO jC c c 2 o c CI CI l u c o c ZCl o o CI l c c CI l c o C c a CI 2 c c o c 0 i CI E J E 5 0 cO jC C 5 02 CI CI l u C o c Z o CI l c c CI l c o 1 ll U 0 e ll E ai g g o al u cal c III c Q I Q alenC E E J 0 cn a alO O sO O o e f C t Of j CUgcn O a g j 091 o2U olilEenC C I O ctl g s Olw LOcocc2 ctl en 55 0 ctl 0 5 aiC OO J J en 8o e en 06 g Ol j en Ol 1 Ol t J E 0 1 l0CCLL CI E j CI C ll C t cC C C OUlC llt O 0 CI C llQ Q a C ll 8eg e8 Ja ta J cU U 0 o e III c o CIl 0 0 ctl 011I cc5l s Ol CIl CIl r c ctle eno ctllll Ol Q a C ll oE r 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OtctlEETIalO CIl CIlE s ctl2 e j05E BECIl 8o mmoo egBga oi 5 e oog c o octl E Q J E Q oQ c R 0 ctS E r o eQ 00 Q J 5 en 0 en 0 9 0 S g 5 ffi i en O o B O E C o o g algt al 5 g ffi 9 E u e g 8 E E0 5E 5SID 0 al C 2 o E 8 0 C g E l j c a m c c Octl o s w Q CO 0 S o g ffi g l a c 0 ctI Q E 2 e cu Q S c en Q g ctS uSE Q u Q E2C1lo ctl Oe OE aloCllCll3 20 c C o E E en oalE ctl 15t alEOalo e al e l ECU 0C ctS5 0 mo TI 8 0al aE 0 o 5 5 CE al ctl ctl e E al o S S E E CO cID CU C 0 0 0Q 9 cQ oenoenco OQ en t Ooo 5 8 ctI a J c C a 0 a 0 E 0 S 0 0 U g c j E 8 0B s E g c c J OCo J g m Q Q 2 2 ffi E S ffi 58 Qo E EE E ID Q a EctI Qa gi3 g oalctlEig al C C e Ei 16 Cial im a igctl igcc m s 0 135 136 DARCY E WESTLlND ALEXANDER WESTLlND 825 PLEASANT VIEW RD CHANHASSEN MN 55317 9545 MICHAEL ELIZABETH GOTTSACKER 6495 NEZ PERCE DR CHANHASSEN MN 55317 9349 EDWARD W SZALAPSKI JR VICTORIA BEECROFT SZALAPSKI 850 PLEASANT VIEW RD CHANHASSEN MN 55317 9545 BEDDOR ENTERPRISES LP PO BOX 489 CHANHASSEN MN 55317 0489 RANDY JANET BAUERNFEIND 6481 NEZ PERCE DR CHANHASSEN MN 55317 9349 THOMAS FOTINI DONNELLY 6491 NEZ PERCE DR CHANHASSEN MN 55317 9349 PHILIP G LEEANNE LARSEN 6493 NEZ PERCE DR CHANHASSEN MN 55317 9349 STEVEN M BEDDOR 1010 PLEASANT VIEW RD CHANHASSEN MN 55317 8328 MARY B MEUWISSEN 4265 COUNTY ROAD 123 MAYER MN 55360 9631 DAVID M LORI J MILLARD 915 PLEASANT VIEW RD CHANHASSEN MN 55317 9545 MARILYN A BEDDOR 4400 GULF SHORES BLVD N NAPLES FL 33940 2216 ANN B WARE ROBERT M BOWEN FAMILY TRUST 1225 LILAC LN EXCELSIOR MN 55331 9053 IRENE Y JOSEPH 6290 RIDGE RD CHANHASSEN MN 55317 9438 GINA M SCHMIDT 790 PLEASANT VIEW RD CHANHASSEN MN 55317 9509 RONALD H JANICE M MASON 800 PLEASANT VIEW RD CHANHASSEN MN 55317 9545 WESLEY J HAWKINSON CHRISTINE M HAISSIG 6370 PLEASANT VIEW CV CHANHASSEN MN 55317 9263 W B GULLICKSON TRUST ETAL C O DAVID MICHAEL GULLICKSON 830 PLEASANT VIEW RD CHANHASSEN MN 55317 9545 SHARON JAN NOVACZYK 6371 PLEASANT VIEW CV CHANHASSEN MN 55317 9264 JOHN MICHAEL NORTON KATHLEEN E NORTON 6500 TROENDLE CIR CHANHASSEN MN 55317 9344 FRANK BEDDOR III 5225 WILSHIRE BLVD 525 LOS ANGELES CA 90036 4301 MICHELLE M BEDDOR 1001 E 17TH ST 105 TUCSON AZ 85719 6768 DAVID A BE ODOR 1050 PLEASANT VIEW RD CHANHASSEN MN 55317 8328 137 Public Hearing Notification Area 500 feet Subject Property Highlighted in Yellow Beddor RLS 123 950 and 910 Pleasant View Road Planning Case 2007 13 138 REGISTERED LAND SURVEY NO CARVER COUNTY MINNESOTA R L S FILE No R T DOC No L p J E c H R 5 T M A 5 OF CHRISTMAS LAK SHORn I Nt I U l JLM rr 0 30 Ulilily and 1 I Driveway Easement l 2 I per doc no 112260 l JLM 1r7 I l j 1 N88007 OO E 156 J3 I Ill 1 e 11 I I I E l J1 20 gj III I ci d 1 1o O I cOp Co I Ill 0 g I M I I vp to I I 1 2 t I r n Ingress and Egrr S 1 II II 1 o Easem en f per doc I U TRACT B J no 668 2 I I 2 L V I o 2 L t J @ X IIIII D o o Y III II NORTH LINE OF THE II SE 1 4 NE 1 4 SEC 2 f I j I r I I I I 11 511 I I r I o T 101 48 12 61 co 174 13 26 I 582024 I J t V J Ei r JlM f J o 0 0 1 i J 100110 5 2 I e L SUf e J ll q a N J l t o V f 3 z SCALE IN FEET 11 IUII 111111111Iml IIIIIIIIIIIIUIUlliII111111111ImllliIIIIIIllUIIIIIIIIII IUIIII o 60 120 0 JlM 0 Denotes Judicial Landmork found TRACT A o Denotes 1 2 inch x 18 inch Iron Monument set and marked RLS 24992 THE EAST LINE OF THE SE 1 4 NE 1 4 SEC 2 TWP 116 R 23 IS ASSUMED TO BEAR NORTH r t F N90 OO OO E 94 10 to o a j i Y j Utilit y Easement per doc no 112260 and amended per doc no 65813 1 f r A r Sanitary sewer and walerrnain easement per doc no 22372 44 50 V I JLM d1 I 7 I pp 188 W I 582 24 19 j L4 f 58J OO OO VI I I I 4 JV SE co ner of Sf 7 4 NP 4 I See 2 T p 1 6 9 23 P Right of way I e 7 I co 121 03 133 64 588035 41 W LOT SURVEYS COMPANY I1 C LAND SURVEYORS CAST IRoroJ MOtoJW fENT FOUND SHEET 2 OF 3 SHEETS 139 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us 1e MEMORANDUM TO Todd Gerhardt City Manager FROM Laurie Hokkanen Assistant City Manager August 20 2008 DA TE SUBJ City Hall Generator MOTION The Chanhassen City Council approves the plans specifications for a generator to be located at City Hall A simple majority vote of the City Council members present is required for this action BACKGROUND At the July 9 work session the City Council discussed the need for a generator at City Hall The need is prompted by two main items namely the need for back up power for the servers computers and telephone system at City Hall and the designation of City Hall as the Emergency Operations Center At that meeting the Council approved moving forward and the attached plans and specifications were prepared by Barr Engineering At that meeting we also discussed examining the alternative of using the Fire Station as a location for the generator However because of the loss of voltage over such a distance and the cost of conduit this is not a feasible alternative The attached plans and specifications describe a single project where the engine generator and automatic transfer switch are furnished and installed by the project contractor There is a possibility that the City would purchase the engine generator and automatic transfer switch in conjunction with the portable generator to access a better price In that case we would revise the attached documents to indicate that the engine generator set will be City furnished The work would be bid in late September This would allow the contractor to complete the outdoor work before winter The engine generator and transfer switch lead times may extend into the winter months but these items could be installed in the winter The project should be complete in the first quarter of 2009 There will be one scheduled interruption to City Hall when the new wiring is installed This interruption will last a few hours and can be coordinated to occur after hours or on a weekend G Admin LH City Council Generator Plans Specs doc The City ot Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play 140 i i 13 g O O i 1ii j h s r i L c j w 15 IJt tel i g IJt i li II i q e i N O i l II I z 1 13 iil i ici iL Mi 1 l l 1 Ii l J iil i i l l3 i i @ 1i U il I ii 1i i i 13 1l I 3 i u g 1 5 1i 1i i 1i 6 6M 9 l l b uu Oioo n N a t g i g o g p 15 O Ii d i5 a C 1j ffi e5 C 7 5 O i al1l S s l B g l i ii I IX 1i 8 13 S j a 13 a N ee @J @J ee e e m1 11 11 11 1 1 1 L o It g 13 Clz COg I o 1 000 l13 I z 15 lI o u 81 j ili 1 i8 I Uj d dlH Il liU m 141 a @ i c c G 1iB g 1 lilglil w e i i ul g i f5 ci o sf3 iE g i i l g 5 5 8 t s n ei J i g v 5 Ii 19 5 i5l i 8 o v z I n d 8 8 o e 5 Ff a 3 5 0 g B 8 m 7 i e I 8 i 6 5gg ii J 5 e iE ee e eeee oS r ti in 9 l i w g I l i I Ff u n 8 e e e e 1 1 e L J g m e i I ii i i i g Ii i L J s j j I i 5 rl E 0 15 LU z t1g z O l Ii o i l S n i i e til g ffiwG @ 15 i f L Zl W f u Zg o u 1 l 5 l 8 v g 8 i5 co Vl W Vl co 0 o f 0 w i3 c 9 o o l a g 1 o LU zo C LU l l c Cl 1i i o Zffi l l 1Il c J J i Z u l o z i z 2i uffi III u U ill l tIIt11t11 IoiA i I 8 I i 11 i I 10001if 0 f A d h m 5 lD I 1 I l z z o I t toQ lFall flOOl to fIO L 1O 101 I oPlll 9t11 l0l01t Z ue O lOIOLtZ YVf Q IMVlIG 1 tffil1lfl O 11I J I f I PO t O 1 i g t l lO T z I da i5 n 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 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Manager Laurie Hokkanen Assistant City Manager FROM DATE August 20 2008 RE Verizon Cell Tower Lease Agreement W 76th St Water Tower PROPOSED MOTION The City Council authorizes the Mayor to enter into a lease amendment with Verizon Wireless to extend tower space rental at the W 76th St Water Tower with options from 2012 to 2027 BACKGROUND In 1997 the City entered into a water tower lease agreement with US West now Verizon Wireless for the placement of up to twelve cellular phone antennas on the W 76th Street water tower This lease had an initial term of five years with the option of two additional five year renewal terms The lease was amended in 2005 to provide for 3 additional antennas The final renewal term ofthe current lease will end on April 2012 at a rental rate of 1 587 month Verizon wishes to amend the current lease to provide for tower rental through 2027 The rent structure will be as follows May 1 2012 April 30 2017 1 825 per month May 1 2017 April 30 2022 2 099 per month May 1 2022 April 30 2027 2 414 per month The City and Verizon both retain the right to cancel the Agreement by giving the other party six months notice RECOMMENDATION Staff recommends approval of the lease amendment A simple majority is required for approval G Admin lH Cell Phone TowersWerizonWerizon amendment 2 staff report doc Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 281 SITE NAME MINe DOVETAIL AMENDMENT NO 2 TO WATER TOWER ANTENNAE AGREEMENT This AMENDMENT NO 2 TO WATER TOWER ANTENNAE AGREEMENT Amendment is made this day of 200 by and between the City of Chanhassen City and Verizon Wireless V A W LLC d b a Verizon Wireless Communications Company with its principal offices located at One Verizon Way Mail Stop 4A WlOO Basking Ridge New Jersey 07920 with reference to the facts set forth in the Recitals below RECITALS A City and Communications Company or their predecessors in interest are parties to a Water Tower Antennae Agreement dated June 25 1997 as previously amended by a First Amendment dated February 11 2005 collectively the Agreement whereby City has leased a portion of City s Property as defined in the Agreement to Communications Company as situated substantially as shown on Exhibits B and B 1 of the Agreement B City and Communications Company desire to amend the Agreement to i provide for extension of the Agreement with modified terms ii modify the assignment provision and iii modify the insurance provision AGREEMENT NOW THEREFORE in consideration of the facts contained in the Recitals above the mutual covenants and conditions below and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged the parties agree as follows 1 ADDITIONAL EXTENSIONS Commencing on May 1 2012 the Agreement shall be extended for one 1 additional five 5 year extension term at a monthly rental of One Thousand Eight Hundred Twenty five and 00 100 Dollars 1 825 00 to be paid on or before the first day of the month Thereafter the Agreement shall automatically be extended for two 2 additional five 5 year terms unless Communications Company or the City terminates it at the end of the then current term by giving the other party written notice of the intent to terminate at least six 6 months prior to the end of the then current term The initial term and all extensions shall be collectively referred to herein as the Term The monthly rental for the five year extension from May 1 2017 through April 30 2022 shall be 2 099 00 and the monthly rental for the five year extension from May 1 2022 through April 30 2027 shall be 2 414 00 2 ASSIGNMENT Paragraph 21 f of the Agreement is hereby deleted in its entirety and replaced with the following This Agreement may be sold assigned or transferred by the Communications Company without any approval or consent of the City to the MINe Dovetail Amendment No 2 to Water Tower Antennae Agreement 1 I I 28263v I 282 Communication Company s principal affiliates subsidiaries of its principal or to any entity which acquires all or substantially all of Communication Company s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger acquisition or other business reorganization As to other parties this Agreement may not be sold assigned or transferred without the written consent of the City which such consent will not be unreasonably withheld delayed or conditioned No change of stock ownership partnership interest or control of Communication Company or transfer upon partnership or corporate dissolution of Communication Company shall constitute an assignment hereunder 3 INSURANCE Paragraph 17 of the Agreement is hereby deleted in its entirety and replaced with the following a The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property resulting from any fire or other casualty of the kind covered by standard fire insurance policies with extended coverage regardless of whether or not or in what amounts such insurance is now or hereafter carried by the Parties or either of them These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer s right of subrogation against the other Party b City and Communications Company each agree that at its own cost and expense each will maintain commercial general liability insurance with limits not less than 1 000 000 for injury to or death of one or more persons in anyone occurrence and 500 000 for damage or destruction to property in anyone occurrence City and Communications Company each agree that it will include the other Party as an additional insured 4 RATIFICATION OF THE AGREEMENT Except as specifically modified by this Amendment the parties agree that all of the terms and conditions of the Agreement are in full force and effect and remain unmodified and the parties hereby ratify and reaffirm the terms and conditions of the Agreement and agree to perform and comply with the same In the event of a conflict between any term or provision of the Agreement and this Amendment the terms and provisions of this Amendment shall control In addition except as otherwise stated in this Amendment all initially capitalized terms will have the same respective defined meaning stated in the Agreement All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment Signatures on following page MINe Dovetail Amendment NO 2 to Water Tower Antennae Agreement 2 1128263vl 283 The remainder of this page intentionally left blank IN WITNESS WHEREOF City and Communications Company have caused this Amendment to be executed by each party s duly authorized representative effective as of the date written below City Communications Company City of Chanhassen a municipal corporation Verizon Wireless VA W LLC d b a Verizon Wireless By Name Its By Beth Ann Drohan Its Midwest Area Vice President Network By Name Its Date Date Acknowledgments on following page The remainder of this page intentionally left blank MINe Dovetail Amendment No 2to Water Tower Antennae Agreement 3 I I 28263v I 284 City Acknowledgment STATE OF MINNESOTA SS COUNTY OF CARVER This instrument was acknowledged before me on 200 by and the Mayor and the City Manager of the City of Chanhassen a Minnesota municipal corporation on behalf of the City Signature of Person Taking Acknowledgment Communications Company Acknowledgment STATE OF ll LINOIS SS COUNTY OF COOK On this day of 200 before me the undersigned a Notary Public in and for the State of Illinois duly commissioned and sworn personally appeared Beth Ann Drohan to me known to be the Midwest Area Vice President Network of Verizon Wireless V A W LLCdlb a Verizon Wireless that executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless VA W LLC d b a Verizon Wireless for the uses and purposes therein mentioned and on oath stated that she is authorized to execute the said instrument IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written Print or Type Name Notary Public in and for the State of Illinois My appointment expires MINe Dovetail Amendment No 2 to Water Tower Antennae Agreement 4 1128263vl 285 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 2271404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Todd Gerhardt City Manager FROM Planning Department DATE 6 2 August 25 2008 SUBJ City Code Amendments Chapter 5 Animals and Fowl Chapter 7 Landscape Security Chapter 18 Subdivisions Chapter 19 Water Sewers and Sewage Disposal PROPOSED MOTIONS The Chanhassen City Council adopts the attached ordinances amending Chapters 5 7 18 and 19 of the Chanhassen City Code Approval of this item requires a simple majority vote And The Chanhassen City Council approves the Summary Ordinance for Publication Purposes Approval of this item requires a 4 5 vote BACKGROUND The Planning Commission held a public hearing on the attached ordinance amendments to Chapter 18 Subdivisions on August 5 2008 at which time they voted unanimously to recommend approval to the City Council The amendments went before the City Council at a work session on August 11 2008 The City Council did not make any changes to the proposed amendments at that time RECOMMENDATION Staff and the Planning Commission recommend that the City Council adopt the following motions The Chanhassen City Council adopts the attached ordinances amending Chapters 5 7 18 and 19 of the Chanhassen City Code And The City Council approves the attached summary ordinance for publication The City 01 Chanhassen A growing community with clean lakes quality schools a chamning downtown thriving businesses winding trails and beautiful parks A great place to live work and play 286 Todd Gerhardt City Code Amendments August 25 2008 Page 2 ATTACHMENTS 1 Ordinance Amending Chapter 5 Animals and Fowl 2 Ordinance Amending Chapter 7 Landscape Security 3 Ordinance Amending Chapter 18 Subdivisions 4 Ordinance Amending Chapter 19 Water Sewers and Sewage Disposal 5 Chapter 18 Summary Ordinance for Publication Purposes 6 Staff report dated August 11 2008 REVISED g plan city code 2008 code update cc memo 8 25 08 doc 287 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 5 CHANHASSEN CITY CODE ANIMALS AND FOWL THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS Section 1 The City Code City ofChanhassen Minnesota is hereby amended Section 5 19 to read as follows Sec 5 19 Running at large No dog or cat shall be allowed by its owner to run at large The police or animal control officers of the City shall take up and impound any dog or cat found at large in violation of this section The owner retains liability for all fees and charges related to the animal and it s impound Section 2 The City Code City of Chanhassen Minnesota is hereby amended Section 5 20 to read as follows Sec 5 20 Abandonment No person shall abandon any dog or cat within the City A person who chooses to abandon or surrender their animal after impoundment retains liability for all fees and charges related to the animal and it s impound Section 3 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this day of 2008 by the City Council of the City of Chanhassen Minnesota Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 1 288 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 7 CHANHASSEN CITY CODE BUILDINGS AND BUILDING REGULATIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS Section 1 The City Code City of Chanhassen Minnesota is hereby amended Section 7 24 to read as follows Sec 7 24 Landscaping security a If the lot on which a certificate of occupancy for a single family dwelling is requested it is subject to landscaping requirements set forth in the development contract with the City A certificate of occupancy shall not be issued unless the landscaping has been completed or unless a 750 00 fee or such other amount as determined by the City s Community Development Director cash escrow or letter of credit is furnished to the City guaranteeing completion within 60 days weather permitting If the landscaping requirements are not met within one year of the completion deadline the money shall be forfeited and deposited into the City s tree planting fund b The City may use the escrow to reimburse the City for any labor or material costs it incurs in securing compliance with the landscaping requirements If the City draws on the escrowed funds no additional permits shall be issued for the lot until the pre draw escrow balance has been restored The City shall endeavor to give notice to the owner or developer before proceeding but such notice shall not be required in an emergency as determined by the City Section 2 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this day of 2008 by the City Council of the City of Chanhassen Minnesota Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 1 289 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 18 OF THE CHANHASSEN CITY CODE SUBDIVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS SECTION 1 Section 18 40 4 Supplementary infonnation of the Chanhassen City Code is hereby amended to read as follows a Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry to reveal the effect of the proposed development on traffic fire hazards and density of population b Any proposed protective covenants c A drainage plan for the area indicating the direction and rate of natural stormwater runoff and those unaltered areas where stormwater collects and percolates into the ground A proposed drainage plan for the developed site indicating the direction and rate of runoff the path of all stormwater discharge to the public stormwater infrastructure and those areas where stormwater will collect and percolate into the ground shall also be included Stormwater management shall be consistent with the City s surface water management plan d A proposed grading plan shown at contour intervals appropriate to the topography or spot elevations indicating the relationship of proposed changes to existing topography and remaining features 1 All proposed retaining walls must be shown on the plan The top and bottom elevations of the wall must be noted a The design shall comply with the Minnesota Department of Transportation MnDOT standards for retaining walls b Retaining walls over six 6 feet in height located within 10 feet of any public way sidewalk street trail alley etc shall have have a fence or other barrier such as a berm or landscaping to impede access to the retaining wall when the public way is adjacent to the top of the retaining wall 1 290 c Fences or berms shall be installed no closer than 18 inches from a sidewalk or trail d Landscaping between staged retaining walls should be low or no maintenance e The following materials are prohibited smooth face concrete poured in place however stamped or patterned concrete face may be acceptable masonry mortared railroad ties and timber f Maintenance and repair of retaining walls which cross lot lines built in conjunction with the subdivision shall be the responsibility of the developer and upon completion of the project the homeowners association 2 The preliminary and final grading plans must be 50 scale or larger The grading plan must comply with the following design standards as well as the requirement of Chapter 7 of the Chanhassen City Code a The lowest floor elevation must be minimum three feet above the highest known groundwater elevation and must meet the minimum requirements set forth in subsection 20 481 e I b If an emergency overflow route is adjacent to the property the lowest building opening must be minimum one foot above the emergency overflow c The style of home e g slab on grade split entry lookout walkout full basement must be noted on the plan ef d The standard lot benching detail for each proposed style of home must be shown df e Drain tile service must be provided to all properties where runoff will flow from the back to the front of the lot ef f Identify proposed soil stockpile areas and note stabilization measures that will be taken f Maintenance and repair of retaining walls which cross lot lines built in conjunction with the subdivision shall be the responsibility of the developer and upon completion of the project the homeovmers association g Custom graded lots may be allowed subject to the City Engineer s approval e If any zoning changes are contemplated the proposed zoning shall be specified plan for the areas f Where the subdivider owns property adjacent to that proposed for the subdivision a general development plan of the remaining property depicting the possible relationships between the proposed subdivision and the future subdivision The plan shall address the overall land use traffic circulation utility easement configurations and general lot layouts 2 291 g A soil erosion and sediment control plan as well as a copy of the Storm Water Pollution Prevention Plan SWPPP as required by the Minnesota Pollution Control Agency MPCA as part of the National Pollutant Discharge Elimination System NPDES permitting process The plan shall include a timing schedule and sequence of operation indicating the anticipated starting and completion dates of the particular development segment and the estimated time of exposure of each area prior to completion of effective erosion and sediment control measures Gradients of waterways design of velocity and erosion control measures and landscaping of the erosion and sediment control system shall also be shown h A vegetation preservation and protection plan to provide stabilization of erosion or sediment producing areas 1 Required variances J Water distribution system k Proposals for street lighting curb and gutters sidewalks and boulevard improvements 1 Such other information as may be requested by the city m Photocomposite images artistic renderings or site elevations which depict the visual impact of the proposed development s design landscaping street layout signage pedestrian ways lighting buildings or other details that affect land use within the city shall be submitted Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed development from abutting properties less intensive land uses and or from entryway locations Appropriate levels of resolution for the visualization shall be used from flat shading for massing studies and preliminary design to photorealistic imaging for final design SECTION 2 Section 18 79 of the Chanhassen City Code is hereby amended to read as follows a As a prerequisite to subdivision approval subdividers shall dedicate land for parks playgrounds public open spaces and trails and or shall make a cash contribution to the City s park fund and trail fund as provided by this section b Land to be dedicated shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served Factors used in evaluating the adequacy of proposed park and recreation areas shall include size shape topography geology hydrology tree cover access and location c The park and recreation committee shall recommend to the City Council the buildable land dedication and cash contribution requirements for proposed subdivisions 3 292 d If the property being subdivided was previously subdivided a credit will be given for similar requirements satisfied in conjunction with the previous subdivision Requirements will be calculated based upon the increase in the population calculation and any change from residential to nonresidential or nonresidential to residential e When a proposed park playground recreational area school site or other public ground has been indicated in the City s official map or comprehensive plan and is located in whole or in part within a proposed subdivision it shall be designated as such on the plat and shall be dedicated to the appropriate governmental unit If the subdivider elects not to dedicate an area in excess of the buildable land required hereunder for such proposed public site the City may consider acquiring the site through purchase or condemnation f Land area conveyed or dedicated to the City shall not be used in calculating density requirements of chapter 20 and shall be in addition to and not in lieu of open space requirements for planned unit developments g Where private open space for park and recreation purposes is provided in a proposed subdivision such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes provided the City Council finds it is in the public interest to do so h The City upon consideration of the particular type of development may require larger or lesser parcels of buildable land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes i In residential I affi subdivisons one acre of buildable land shall be conveyed to the City as an outlot by warranty deed for every 75 people the platted subdivided land could house based upon the following population calculations Single family detached dwelling per lot 3 5 persons Two family dwelling per dwelling unit 3 0 persons Apartment townhouses condominiums and other dwelling units per bedroom 1 0 person U In subdivisions other than residential I affi subdivisions either a cash donation equal to ten percent of the fair market value of the undeveloped property or ten percent of the gross area of buildable land being platted subdivided or a combination thereof shall be conveyed to the City k In lieu of a park land donation the City may require an equivalent cash donation based upon average undeveloped buildable land value in the City The cash dedication requirement shall be established annually by the City Council 1 In lieu of a trail donation trail construction or trail easement dedication the City may require a cash donation for the trail system The cash dedication requirement shall be established annually by the City Council 4 293 m The City may elect to receive a combination of cash land and development of the land for park use The fair market value of the buildable land at the time of final subdivision approval the City wants and the value of the development of the land shall be calculated That amount shall be subtracted from the cash contribution required by subsection k above The remainder shall be the cash contribution requirement n Fair market value shall be determined as of the time of filing the final fJlat subdivision approval in accordance with the following 1 The City and the developer may agree as to the fair market value or 2 The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider s expense 3 If the City disputes such appraisal the City may at the subdivider s expense obtain an appraisal of the property by a qualified real estate appraiser which appraisal shall be conclusive evidence of the fair market value of the land 0 Planned developments with mixed land uses shall make cash and or land contributions in accordance with this section based upon the percentage of land devoted to the various uses p Park dedication fees shall be paid at the time of final fJlat subdivision recording q The cash contributions for parks and trails shall be deposited in either the City s park and recreation development fund or multipurpose pedestrian trail fund and shall be used only for park acquisition or development and trail acquisition or development r If a subdivider is unwilling or unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed fJlat subdivision then the land and cash contribution requirement will be a reasonable amount as determined by the City Council s Wetlands ponding areas and drainage ways accepted by the City shall not be considered in the park land and or cash contribution to the City t Subdividers of land abutting streets that have been designated in the City s comprehensive trail plan for the installation of a trail shall be required to dedicate the land for the trail to the City and construct the trail An appropriate trail fee credit shall be granted SECTION 3 This ordinance shall be effective immediately upon its passage and publication 5 294 PASSED AND ADOPTED this day of of the City of Chanhassen Minnesota 2008 by the City Council Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on g plan city code 2008 code update amendment ch 18 8 2S 08 doc 6 295 CITY OF CHANHASSEN CARVER AND HENNEPIN COlJNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 19 CHANHASSEN CITY CODE WATER SEWERS AND SEWAGE DISPOSAL THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS Section 1 The City Code City of Chanhassen Minnesota is hereby amended Section 19 144 a l e to read as follows Sec 19 144 a l e Major facility design elements e An emergency overflow spillway shall be identified and designed to convey storm flows from events greater than the 100 year event Extreme events on the order of a 1O 0 inch event shall be analyzed to ensure the emergency overflow spillway will function as designed If an emergency overflow route is adjacent to the property the lowest building opening must be minimum one foot above the emergency overflow Section 2 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this day of 2008 by the City Council of the City of Chanhassen Minnesota Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 1 296 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA SUMMARY OF ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 18 OF THE CHANHASSEN CITY CODE SUBDIVISIONS The purpose of this code amendment is to require that the lowest building opening must be minimum one foot above the emergency overflow to note that custom graded lots may be allowed subject to the City Engineer s approval to require a copy of the Storm Water Pollution Prevention Plan SWPPP and to state that park land calculations and dedication shall be based on buildable land and replace the term plat with subdivision A printed copy of Ordinance No 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 day of 2008 by the City Council of the City of Chanhassen ATTEST Todd Gerhardt Clerk Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 297 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Todd Gerhardt City Manager FROM Planning Department DA TE August 11 2008 SUBJ City Code Amendments Chapter 5 Animals and Fowl Chapter 7 Landscape Security Chapterl8 Subdivision Chapter 19 Water Sewers and Sewage Disposal BACKGROUND In anticipation of the adoption of the 2030 Comprehensive Plan staff is preparing an update of the City Code to coincide with its adoption Staff has reviewed the City Code and discovered issues shortfalls and general updates and prepared amendments to the Code The amendments to Chapter 18 were discussed at the June 3 and August 5 2008 Planning Commission Meetings The Planning Commission voted to recommend approval of the ordinances amending Chapter 18 Subdivision The intent of the work session is to review the proposed changes with the City Council Any modifications directed by City Council will be made and the amendments will be placed on the August 25 2008 agenda At this time staff will be focusing on issues related to the following Chapter 5 Animals and Fowl Costs incurred due to animal impoundment Chapter 7 Landscape Security Thellse of escrow funds to bring the landscaping into compliance Chapter18 Subdivisions Emergency Over Flow EOF custom grading ensure that the submittal requirements set forth in the City Code reflect what is required from other agencies and Park dedication calculations shall be based on buildable land Chapter 19 Water Sewers and Sewage Disposal Safety measure from 100 year flood event and lowest floor opening of a structure The texts of all final ordinance amendments are shown in strike through and bold format The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses Winding trails and beautiful parks A great place to live work and play 298 Todd Gerhardt August 11 2008 Page 2 DISCUSSION CHAPTER 5 Animals and Fowl City Council review only Issue When an animal is picked up by the City and the owner cannot be located the animal is taken to Chanhassen Veterinary Clinic and impounded The veterinary clinic invoices the City for the various related charges including needed shots and boarding fees When the animal s owner is located these fees are assessed back to the owner Occasionally an animal owner refuses to pay the fees The result is that the animal remains in impound and continues to accrue fees The City is obligated by state law to hold the animal for 10 days and pay all related fees after which time it is typically put up for adoption By changing this ordinance the animal s owner is made explicitly responsible for all charges and fees associated with the impoundment and is encouraged to pick up the animal as soon as possible This change may also reduce the potential financial liability to the City Proposed Change Amend Sections 5 19 and 5 20 as shown below Sec 5 19 Running at large No dog or cat shall be allowed by its owner to run at large The police or animal control officers of the City shall take up and impound any dog or cat found at large in violation of this section The owner retains liability for all fees and charges related to the animal and it s impound Sec 5 20 Abandonment No person shall abandon any dog or cat within the City A person who chooses to abandon or surrender their animal after impoundment retains liability for all fees and charges related to the animal and it s impound CHAPTER 7 Buildings and Building Regulations City Council review only Landscape security Issue While City ordinance provides the landscape security requirement it does not specify the City s ability to use the escrow to complete the landscaping requirements on a lot The language is similar to what is specified in the erosion and sediment control section of the ordinance 7 22 Proposed Change Amend Section 7 24 as shown below Sec 7 24 Landscaping security a If the lot on which a certificate of occupancy for a single family dwelling is requested it is subject to landscaping requirements set forth in the development contract with the City A certificate of occupancy shall not be issued unless the landscaping has been completed or unless a 750 00 fee or such other amount as determined by the City s Community 299 Todd Gerhardt August 11 2008 Page 3 Development Director cash escrow or letter of credit is furnished to the City guaranteeing completion within 60 days weather permitting If the landscaping requirements are not met within one year of the completion deadline the money shall be forfeited and deposited into the City s tree planting fund b The City may use the escrow to reimburse the City for any labor or material costs it incurs in securing compliance with the landscaping requirements If the City draws on the escrowed funds no additional permits shall be issued for the lot until the pre draw escrow balance has been restored The City shall endeavor to give notice to the owner or developer before proceeding but such notice shall not be required in an emergency as determined by the City CHAPTER 18 Subdivisions Planning Commission held a public hearing on August 5 2008 Data Required Issue In Section 18 40 4 there are three main issues a Staff recommends adding an additional safety measure to provide separation between a 100 year overflow route and the lowest opening of an adjacent structure b Currently the City Code only references custom graded lots under the as built requirements Staff recommends providing clarification in the City Code regarding the acceptability of custom graded lots at the time of the grading plan submittal for a new development c A Storm Water Pollution Prevention Plan SWPPP is a requirement of the Minnesota Pollution Control Agency MPCA Staff is proposing the addition as a general update to ensure that the submittal requirements set forth in the City Code reflect what is required from other agencies Proposed Change Amend Sec 18 40 4 d 2 b 18 40 4 e and 18 40 4 g as shown below Section 18 40 4 Data Required Supplementary information 2 The preliminary and final grading plans must be 50 scale or larger The grading plan must comply with the following design standards as well as the requirement of Chapter 7 of the Chanhassen City Code a The lowest floor elevation must be minimum three feet above the highest known groundwater elevation and must meet the minimum requirements set forth in subsection 20 481 e 1 b If an emergency overflow route is adjacent to the property the lowest building opening must be minimum one foot above the emergency overflow bj c The style of home e g slab on grade split entry lookout walkout full basement must be noted on the plan 300 Todd Gerhardt August 11 2008 Page 4 ej d The standard lot benching detail for each proposed style of home must be shown Elj e Drain tile service must be provided to all properties where runoff will flow from the back to the front of the lot ej f Identify proposed soil stockpile areas and note stabilization measures that will be taken f Maintenance and repair of retaining walls which cross lot lines built in conjunction lith the subdivision shall be the responsibility of the developer and upon completion of the project the homeowners association Note this section is included i section 18 40 4 d 1 and is redundant g Custom graded lots may be allowed subject to the City Engineer s approval e If any zoning changes are contemplated the proposed zoning shall be specified plan for the areas f Where the subdivider owns property adjacent to that proposed for the subdivision a general development plan of the remaining property depicting the possible relationships between the proposed subdivision and the future subdivision The plan shall address the overall land use traffic circulation utility easement configurations and general lot layouts g A soil erosion and sediment control plan as well as a copy of the Storm Water Pollution Prevention Plan SWPPP as required by the Minnesota Pollution Control Agency MPCA as part of the National Pollutant Discharge Elimination System NPDES permitting process The plan shall include a timing schedule and sequence of operation indicating the anticipated starting and completion dates of the particular development segment and the estimated time of exposure of each area prior to completion of effective erosion and sediment control measures Gradients of waterways design of velocity and erosion control measures and landscaping of the erosion and sediment control system shall also be shown h A vegetation preservation and protection plan to provide stabilization of erosion or sediment producing areas 1 Required variances J Water distribution system k Proposals for street lighting curb and gutters sidewalks and boulevard improvements 1 Such other information as may be requested by the city m Photocomposite images artistic renderings or site elevations which depict the visual impact of the proposed development s design landscaping street layout signage pedestrian ways lighting buildings or other details that affect land use within the city shall be submitted Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed development from abutting properties less intensive land uses and or from entryway locations Appropriate levels of resolution for the visualization shall be used from flat shading for massing studies and preliminary design to photorealistic imaging for final design 301 Todd Gerhardt August 11 2008 Page 5 Park Land Dedication Issue The proposed change to the subdivision ordinance is required by 2006 legislation The new legislation requires park dedication requirements be calculated based on buildable land in a subdivision The law goes on to provide that the City must define the term buildable land in its ordinance The law further provides that the value of land for determining dedication requirement must be determined no later than at the time of final approval This will bring this section of the City Code into conformance with these requirements and also make some miscellaneous wording corrections Staff is proposing a definition of Buildable Land in Chapter 1 concurrently with the City Code updates Buildable Land means all land except wetlands and public waters and land dedicated for Local County and State roads Proposed Change Amend Sec 18 79 as shown below Sec 18 79 Park land dedication requirements a As a prerequisite to subdivision approval subdividers shall dedicate land for parks playgrounds public open spaces and trails and or shall make a cash contribution to the City s park fund and trail fund as provided by this section b Land to be dedicated shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served Factors used in evaluating the adequacy of proposed park and recreation areas shall include size shape topography geology hydrology tree cover access and location c The park and recreation committee shall recommend to the City Council the buildable land dedication and cash contribution requirements for proposed subdivisions d If the property being subdivided was previously subdivided a credit will be given for similar requirements satisfied in conjunction with the previous subdivision Requirements will be calculated based upon the increase in the population calculation and any change from residential to nonresidential or nonresidential to residential e When a proposed park playground recreational area school site or other public ground has been indicated in the City s official map or comprehensive plan and is located in whole or in part within a proposed plat subdivision it shall be designated as such on the plat and shall be dedicated to the appropriate governmental unit If the subdivider elects not to dedicate an area in excess of the lafld buildable land required hereunder for such proposed public site the City may consider acquiring the site through purchase or condemnation f Land area conveyed or dedicated to the City shall not be used in calculating density requirements of chapter 20 and shall be in addition to and not in lieu of open space requirements for planned unit developments 302 Todd Gerhardt August 11 2008 Page 6 g Where private open space for park and recreation purposes is provided in a proposed subdivision such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes provided the City Council finds it is in the public interest to do so h The City upon consideration of the particular type of development may require larger or lesser parcels of kmEl buildable land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes i In residential plaffi subdivisions one acre of laB6 buildable land shall be conveyed to the City as afl outlot by warranty deed for every 75 people the platted subdivided land could house based upon the following population calculations Single family detached dwelling per lot 3 5 persons Two family dwelling per dwelling unit 3 0 persons Apartment townhouses condominiums and other dwelling units per bedroom 1 0 persons j In plats subdivisions other than residential plaffi subdivisions either a cash donation equal to ten percent of the fair market value of the undeveloped property or ten perceFlt of the gross area of land buildable land being platted subdivided or a combination thereof shall be conveyed to the City k In lieu of a park land donation the City may require an equivalent cash donation based upon average undeveloped buildable land value in the City The cash dedication requirement shall be established annually by the City Council 1 In lieu of a trail donation trail construction or trail easement dedication the City may require a cash donation for the trail system The cash dedication requirement shall be established annually by the City Council m The City may elect to receive a combination of cash land and development of the land for park use The fair market value of the buildable land at the time of final subdivision approval the City wants and the value of the development of the land shall be calculated That amount shall be subtracted from the cash contribution required by subsection k above The remainder shall be the cash contribution requirement n Fair market value shall be determined as of the time of filing the final I at subdivision approval in accordance with the following 1 The City and the developer may agree as to the fair market value or 2 The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider s expense 303 Todd Gerhardt August 11 2008 Page 7 3 If the City disputes such appraisal the City may at the subdivider s expense obtain an appraisal of the property by a qualified real estate appraiser which appraisal shall be conclusive evidence of the fair market value of the land 0 Planned developments with mixed land uses shall make cash and or land contributions in accordance with this section based upon the percentage of land devoted to the various uses p Park dedication fees shall be paid at the time of final i at subdivision recording q The cash contributions for parks and trails shall be deposited in either the City s park and recreation development fund or multipurpose pedestrian trail fund and shall be used only for park acquisition or development and trail acquisition or development r If a subdivider is unwilling or unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed i at subdivision then the land and cash contribution requirement will be a reasonable amount as determined by the City Council s Wetlands ponding areas and drainage ways accepted by the City shall not be considered in the park land and or cash contribution to the City t Subdividers of land abutting streets that have been designated in the City s comprehensive trail plan for the installation of a trail shall be required to dedicate the land for the trail to the City and construct the trail An appropriate trail fee credit shall be granted CHAPTER 19 Water Sewers and Sewage Disposal City Council review only Major facility design elements Issue Staff recommends adding an additional safety measure to provide separation between a 100 year overflow route and the lowest opening of an adjacent structure This language was also added in Sec 18 40 of the City Code Proposed Change Amend Sec 19 144 I e as shown below Sec 19 144 a I e Major facility design elements e An emergency overflow spillway shall be identified and designed to convey storm flows from events greater than the 100 year event Extreme events on the order of a 1O 0 inch event shall be analyzed to ensure the emergency overflow spillway will function as designed If an emergency overflow route is adjacent to the property the lowest building opening must be minimum one foot above the emergency overflow 304 Todd Gerhardt August 11 2008 Page 8 RECOMMENDA TION Staff requests that the City council review the proposed City Code amendments and provide comments or direction g plan city code 2008 code update cc work session memo 8 11 08 doc 305 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us i MEMORANDUM TO Todd Gerhardt City Manager Laurie Hokkanen Assistant City Manager FROM DATE d August 20 2008 SUBJ Permanent Easement for Qwest Corp Outlot 1 Chanhassen Estates MOTION The City Council approves a permanent for Qwest Corporation as shown on the attached exhibit on Outlot 1 of Chanhassen Estates in consideration of a payment of 5 297 75 BACKGROUND The City owns a lot at the southwest comer of Hwy 5 and Dakota Ave known as Outlot 1 of Chanhassen Estates Qwest Corporation phone and internet provider has requested a permanent easement from the City in the northeast comer of the lot This area is already encumbered by a 50 foot permanent easement for Xcel Energy that runs the length of the property Qwest has received permission from Xcel Energy to add an easement within their existing easement Thus the addition of another easement does not affect the future ability to develop the property However the easement represents a permanent transfer of rights to the Qwest Corporation and an easement fee is appropriate Staff and Qwest have agreed on compensation in the amount of 10 per square foot The total easement fee is proposed at 5 297 75 Attached please find a copy of the Easement Agreement including Exhibit A showing the exact location RECCOMENDA TION Staff recommends that theQity Council grant the permanent easement for the Qwest Corporation on Outl t 1 of Chanhassen Estates G Admin lH City Council approval of Qwest Easement Outlot 1 Chan Estates doc The City of Chanhassen A growing community with clean lakes quality schools a chamning downtown thriving businesses winding trails and beautiful parks A great place to live work and play 306 5201 East River Road Suite 308 Mipneapolis MN 55421 1027 bank D te Issued 013643 307 RECORDING INFORMATION ABOVE Datc 6 3 0 200 8 EASEMENT AGREEMENT CORPORATE EASEMENT The CITY OF CHANHASSEN Grantor for and in consideration of 1 00 and other good and valuable consideration the receipt of which is hereby acknowledged does hereby grant and convey unto QWEST CORPORATION a Colorado corporation Grantee whose address is 1801 California St Suite 5200 Denver CO 80202 and its successors assigns affiliates lessees licensees and agents a perpetual non exclusive easement to construct modify add to maintain and remove such telecommunications facilities and related appurtenances from time to time as Grantee may require upon over under and across the following described property situated in the County of Carver State of Minnesota which Grantor owns or in which Grantor has an interest Easement Area to wit An easement which is described in its entirety on EXHIBIT A which is attached hereto and by this reference made a part hereof all of which is situated in the NE Y4 of Section 13 Township 116 N Range 23 W of the 5th P M Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area using only the most direct route during all periods of construction maintenance installation reinforcement repair and removal with the right to clear and keep cleared all trees and other obstructions as may be necessary for Grantee s use and enjoyment of the Easement Area Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee s negligent exercise of the rights and privileges herein granted Grantee shall have no responsibility for environmental contamination which is either pre existing or not caused by Grantee Grantor reserves the right to occupy llse and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted R1W Initial Page 1 of2 308 Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the Easement Area Grantor hereby covenants that no excavation structure or obstruction will be constructed or permitted on the Easement Area and no change will be made by grading or otherwise that would adversely affect Grantee s use and enjoyment of the Easement Area The rights conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns GRANTOR CITY OF CHANHASSEN By Thomas A Furlong Mayor and Todd Gerhardt City Manager STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2008 by Thomas A Furlong and Todd Gerhardt respectively the Mayor and City Manager of the CITY OF CHANHASSEN a Minnesota municipal corporation on behalf of the corporation and pursuant to the authority granted by its City Council real property in Carver County Minnesota Witness my hand and official seal NOTARY SEAL Notary Public My commission expires This Instrument Drafted By Qwest Corporation 1801 California SI Suite 5100 Denver CO 80202 RECORD AND RETURN TO Ultcig Engineers 5201 East River Road Suite 30g Minneapolis MN 55421 RJW No Exchange 1 4 Section Job No County Township 82M 1 MY i Carllcr 116 N Range Edell Prairie NE Section 13 23W Page 2 01 2 309 engineerS EXHIBIT A SHEET I OF 2 SHEETS Bismarck Detroil Lakes Fargo Mioneapolis Sioux Falls 5201 East River Road Suite 308 Minneapolis Minnesota 55421 Phone 763 571 2500 Fax 763 571 1168 Web www ulteig com N Certificate of Survey for QWEST CORPORATION Job Number 82M1 MVX Location City of Chanhassen Carver County Minnesota See sheet 2 of 2 for legal descriptions O o I f tl o or GLl I y II o o t SntGX U I l a W t tt t i w o p O U p 8 sX O s o fO 1 p S O b v 1 t O a X n a r t Vo f i t 0 v 1 O n J t 1Q l t C rf f f P 1 on 1 O J r O r r r a i A Q l 1 U V t t t r p i t O l i 1 Jf O i l tI EX PTION SO i Q O G r 1QAr 1 a 1 i oS X i o 6 O 3 t G l t W 3 15 0 sflf C G O v 0 4 o o 7 7 0 1 OJ O 1 if 4 YoS iO l v O EASEMENT 9 roS OO 1 n 1 j V l S r 1 9 90 6 5 boo I r I It l i I i II t lo I LEGEND Denotes Iron Monument Found Denotes MnDOT Disc Found o Denotes Monument Set wjCop 4490 I X Denotes Chisled X Set in Concrete JOB NO 208 0386 SEC 13 T 116 N R 23 W 5TH P M CO Carver SCALE 1 10 4 1 J J I I I HEREBY CERTIFY THAT THIS SURVEY PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOT t PETER D GITZEN DATE Lie NO 44901 S l 310 engineerS EXHIBIT A SHEET 2 OF 2 SHEETS Bismarck let oil takes Fargo Mfnneapolis Sioux Falls 5201 East Rive Road Suile 308 Minneapolis Minnesota 55421 Phone 763 571 2500 Fax 763 571 1168 Web www ulteig com Certificate of Survey for QWEST CORPORATION Job Number 82M1 MVX Location City of Chanhassen Carver County Minnesota Description of Property Outlot 1 CHANHASSEN ESTATES according the recorded plat thereof in the Office of Registrar of Deeds now County Recorder Carver County Minnesota EXCEPT that part of Outlot 1 CHANHASSEN ESTATES described as follows Beginning at the intersection of the east line of said Outlot 1 with a line hereafter described as Line A said Line A is a line 50 00 feet Southeasterly of measured at right angles to and parallel with that part of the southerly right of way line of State Highway No 5 as shown on said plat which has a radius of 2764 79 feet thence South along the east line of said Outlot 1 a distance of 200 00 feet thence West at right angles to said east line a distance of 150 00 feet thence Northwesterly to a point on said Line A distant 200 00 feet Southwesterly measured along said Line A from the point of beginning thence Northeasterly along said Line A a distance of 200 00 feet to the point of beginning Also EXCEPT that part of Outlot 1 CHANHASSEN ESTATES shown as Parcel 316C on Minnesota Department of Transportation Right of Way Plat Numbered 10 4 as the same is on on file and of record in the office of the County of Recorder in and for Carver County Minnesota Description of Easement An easement for telecommunication purposes over under and across the herein before described property described as follows Beginning at the right of way boundary corner B17 as shown on Minnesota Department of Transportation Right of Way Plat Numbered 10 4 thence South 45 degrees 52 minutes 32 seconds East 22 03 feet along the westerly right of way line of Dakota Avenue as shown on Minnesota Department of Transportation Right of Way Plat Numbered 10 4 thenpe South 68 degrees 53 minutes 48 seconds West 29 25 feet thence North 21 degrees 07 minutes 08 seconds West 20 03 feet to the southerly right of way line of Trunk Highway No 5 as shown on Minnesota Department of Transportation Right of Way Plat Numbered 10 4 thence northeasterly 20 03 feet on a non tangetial curve concave to the south having I radius of 2 764 74 feet and a central angle of 00 degrees 24 minutes 54 seconds whose chord bears North 21 degrees 13 minutes 36 seconds East 20 03 feet along the southerly right of way line of Trunk Highway No 5 as shown on Minnesota Department of Transportation Right of Way Plat Numbered 10 4 to the point of beginning Contains 493 square feet more or less JOB NO 208 0386 SEC 13 T 116 N R 23 W 5TH P M CO Carver If 311 Get the Job done right 5201 E River Road Suite 308 Minneapolis MN 55421 1027 Phone 763 571 2500 Fax 763 571 1168 DISCLOSURE To Whom It May Concern Minnesota Law requires that anyone engaged in Real Estate activity must be licensed as a Real Estate Agent and be supervised by a licensed Real Estate Broker Ulteig Engineers Inc in the normal course of their business is occasionally engaged in Right of Way acquisition activity Arthur D Dost an employee of Ulteig Engineers Inc is a licensed real estate agent in the State of Minnesota Mr Dost MN Sales Agent License Number 40037687 is supervised in any real estate activity by Vernon A Pederson MN Broker License Number 82779 d b a Pederson Real Estate Service Vernon A Pederson d b a Pederson Real Estate Service is located at 3801 South Rivershore Drive Moorhead MN 56560 The mailing address for Pederson Real Estate Service is PO Box 502 Moorhead MN 56561 0502 He can be contacted at phone number 701 361 9800 or by fax at 701 235 8355 Acknowledgment Landowner Date Landowner Date Minneapolis MN Detroit Lakes MN Fargo ND Bismarck ND Sioux Falls SD www ulteig com 312 fl Xeel Energy NORTHERN STATES POWER 414 N1COLLET MALL Ml 8 lY JNNf APOLlS MN 55401 April 2 2008 Art Dost Dlteig Engineering Emailed Art Dost@ulteig com ENCROACHMENT AGREEMENT Project Qwest Telephone Cabinet Line 5S 16 NE1I4 NEI 4 Sec 13 Tl16 R23 Cnrver County File 2008 141 Dear Art Please be advised that this Encroachment Agreement is not effective until signed and returned to Xcel Encr 2V within 30 days of the date of this letter after that period it is NULL and VOID Xcel Energy has reviewed the proposed Owest telephone cabinet encroachment request submitted April 15 2008 The encl Oacnment is acceptable to Xcel Energy by adhering to the fol lwing 1 Excavation close to structure location A minimum distance of 20 feet of suppOltedearth must be maintained ti om any patt of the line structure Support of the ground beyond the 20 feet may be provided by a slope no greater than three feet horizontal to one foot veltical Support may also be provided by the use of cribbing sheet piling retaining wall or tunneling The specific plan tor providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval 2 Grade change ar uud structure location Fill around or above steel structllre fOMdations is not pennitted The grade around the structures must provide for surface water runoff no surface water ponding around structures will be permitted Any cost related to tbe adjustment of Xcel Energy s facilities will be at the requestor s expense 3 Fill and grade change around guy wires and ancllOrs Fill above the steel anchor rod onto the guy wire 1S not permitted The specific plan for any grade change or excavation in the vicinity of down guys and anchors must be submitted to Xcel Energy for review and approval Page 1 of3 313 Page 20 3 4 21 2008 4 Grade change within easement The ground elevation within the easement shall not be increased more than 1 foot above the existing or proposed grade Stockpiling of soH andlor material within the easement will not be pennitted 5 Clearances to equipment and workers A working clearance of 20 feet between the electrical conductors and any cranes or digging equipment used in or Ileal the easement and a clearance of 20 feet to the physical proximity of workers must be maintained at all times In additioll any construction near the transmission line s shall comply with all OSHA Safety Clearances If this clearance cannot be maintained the contractor or developer must alTange for a line outage by calling Xcel Energy s System Control department Steve Rollin 612 330 2875 At least two weeks advanced notice must be provided ill order to schedule a line outage if an outage is available Tllere is a fee of approximately 350 00 per day per outage tor this service This fee must be paid pdor to outage The preceding two paragl aph s must be included in a prominent location on the plan sets and specititations given to contractors 6 Landscaping within the easement Detailed plans for landscaping including light standards must be submitted to Xcel Energy fOf review and approval Generally shorter vnrieties of trees and shrubs IS feet or less mature height may be considered If planting is pennitted the line s voltage and the tree s mature height and the distance from the line mllst be considered For maintenance purposes there shall be no planting within 15 feet of structure sites 7 Building on easements There shall be 110 permanent or temporary building allowed within the easement area 8 Fuel and refueling OJ easements There shall be no fuel tanks stored or refueling or vehicles and equipment within the easement 9 Streetlights and signs on easements If there are to be streetlights signboards identification SigllS or any other type of non building structure within the easement detailed plans must be submitted to Xcel Energy for review and approval to verifY compliance with electrical code clearances 10 Feuces on easements If the easement area is fenced gates must be installed to provide access to Xcel Energy for maintenance purposes Chain link or other types of fences using metal material and constructed on or near an Xcel Energy easement should be properly grounded 314 Page3of3 4 21 2008 11 Structure protection Where streets parking lots or other areas are developed which expose transmission structures t o vehicular traffic steel post or guardrail type barricades must be installed in accordance with Xcel Energy specifications In some cases curbing will provide adequate protection It is the express condition of this consent that all other terms and conditions of that certain easement granted by the City of Chanhassen on December 22 1987 and recorded as Document No 93091 shan remain in full force and effect A copy of the signed Encroachment Agreement shall he kept on site available for review by Xcel Energy representatives until aU construction and site restoration has been completed To acknowledge receipt of and agreement with the terms ofthls consent prior to the commencement of any adi rities please sign this letter and return it to me by fax Fax silmatures are accepted to expedite this process If this signed agreem ent is not received back within 30 days of the date of this agreement it will be presumed that you are not in agreement witb its content and this agreement will be considered nnlland void the file will be closed your request will need to be resubmitted and the City Or County Zoning Office will be notified of our action Any changes to this original agreement shall make this agreement null and void unless initialed by both parties Thank you for your courtesy and cooperation Sin c erelY n I rv Bonnie Anderson Land Rights Agent Siting and Land Rights Dept 612 330 6241 612 573 9227 fax bonnie j a derson@xcelenerl2Y com ACCEPTED 7 l By J Name c r L c t Its Q t t J IF t C It c t J Manager Design Engineer 5516 NH 105742 7 5516 Str 32 315 rJ fJ J PATROL DIVISION CHANHASSEN STATION Memo To Mayor City Council From o Sgt Peter Anderley Date 08 14 2008 Re Items for August Council Meeting 1 Sheriff s Office Area Report July Attached 2 Sheriff s Office Area Citation List July Attached 3 Miscellaneous Items I will have brief information for Council on recent activities or items of interest 316 City of Chanhassen 2008 Month of July 317 Listed below is a description of each of the different classifications of calls for service which the Carver County Sheriff s Office received and processed for your area JCRIMINAL Part I Crimes Arson Intentionally destroy property by fire Assault Aggravated Assault where substantial injury is caused or deadly weapon used Burglary Breaking into a residence or business Homicide Intentional taking of a persons life Robbery Taking of property in the presence of another with use of force Sex Crime felony Forcible sexual assault All felony sex crimes Theft Taking of property stealing Theft Vehicle Theft of a motorized vehicle Part II Crimes Abuse Neglect Chargeable abuse or neglect of children or adults Assault Altercation between parties where actual physical harm occurred Court Order Violations Violation of court orders Disturb Peace Chargeable disturbance of peace Harassment disorderly conduct Drug Violation All drug violations possession of sale of manufacture of Gambling Unlawful operate promote or assist in the operation of gaming Liquor Laws Illegal Consumption sale or possession of liquor Misc Criminal Minor offenses that do not fall under any other classification Property Damage All damage to property including vandalism littering and trespassing on property Runaway Juvenile runaway Sex Crimes Misc sex crimes criminal sexual conduct sexual abuse pornography indecent exposure non felony sex crimes Suspicious Activity Suspicious activity where charges result Theft Related Fraud credit card theft ID theft issuance on bad check counterfeiting swindle Traffic Alcohol Traffic stop or accident involving a driver under the influence of alcohol or drugs Traffic Other Traffic stop that results in a traffic criminal charge DAC IPS Hit and Run Weapons Violation of manufacture sale purchase transport use of firearm 318 NON CRIMINAL Abuse Neglect NC Investigation of abuse or neglect of a child or adult where no charges are filed Alarm Checking on an alarm at a private residence or business Animal Animal bites stray animals All calls involving animals Assist other Agency Assist other law enforcement office state patrol or government departments Auto Accd Fatality Auto accident in which a fatality occurred Auto Accd Injury Auto accident in which injury and property damage occurred Auto Accd Prop Damage Auto accident in which property damage occurred Auto Accd MV vs Deer Auto accident involving a motor vehicle and deer Background Record CheckE Records check for persons adopting a child military govt employment individual Boat Water All incidents involving boats watercraft and or lakes Child Care Assistance All background checks for Social Service unlicensed child care assistance Child Custody Dispute Incidents involving dispute over child custody Civil Process Service of civil papers court orders Assist with civil stand by situations Disturb Peace NC Noise harassments disturbance of peace where charges are not filed Domestic Verbal argument between parties with relationship where no charges are filed Driving Complaint Complaints of bad driving behavior Drug Information Information regard drug activity No charges filed Fire Call Fires and assist to fire departments Gun Permit Acquire Application for a permit to purchase a handgun Gun Permit Carry Application for a permit to carry a handgun Gun Permit Transfer Applicaton for the transfer of one registered gun to another Explosive Firearms Dlr Application for a permit for explosives or firearms dealer license House Business Check Check on residences or business when owners are away from property License Day Care Background check for licensing day care License Foster Care Background check for licensing foster care License Liquor Background check for liquor licensing License Peddler Background check for peddler licensing Medical Assist persons with medical issues natural cause deaths Mental Health Suicides 72 hr holds for mental health issues Misc Non Criminal General law enforcement questions citizen assists name changes lost and found prop civil matters council packets and meetings juv disciplinary issues etc Missing Person Missing Lost person Open Door Located an open door to a business or residence Prowler NC Person on property who does not belong window peeper No charges filed Sex Offender Tracking Request from State to check location of registered sex offender Snowmobile All incidents involving snowmobiles Suspicious Act NC Suspicious persons acts or vehicles no charges Traffic Misc Misc traffic issues stalled vehicle debris on roadway traffic control parking violations vehicle in the ditch and motorist assists Traffic Radar Display Traffic Speed Radar wagon Traffic Stops All traffic stops initiated by officers Transport Transport persons for various reasons Unlock Veh Bldg Unlock doors of automobile residence or business for owners Warrant Issued Warrant issued by Carver County Court Administration Warrant Service Service of warrant for Carver County and other counties 319 CARVER COUNTY SHERIFF S OFFICE City of Chanhassen Month of July I a i IM HI II HI I o o 4 o o o 30 4 P art II Crimes Abuse Nealect 0 0 Assault 6 31 Court Order Violation 2 11 Disturb Peace 9 51 Drua Violations 7 21 Gamblinq 0 0 liquor Law Viol 5 18 Misc Criminal 3 17 Property Damaae 19 122 Runawav 3 7 Sex Crimes 1 4 Suspicious Activitv 0 0 Theft Related 10 60 Traffic Alcohol 10 45 Traffic Other 0 7 Weapons 0 2 10tal Part II Crimes 75 ITOTAL CRIMINAL 611 113 0 1 0 3 6 39 0 0 0 0 0 1 47 176 0 8 53 228 0 0 9 29 0 7 15 63 7 30 0 0 11 36 6 14 31 153 9 21 2 9 0 0 11 67 12 44 1 6 0 0 114 479 167 707 320 2008 2008 IVIVI Iln 1 YIU NUN Abuse Neglect not cnaraable 7 L7 Alarm 109 547 Animal 44 300 Assist other AQencv 7 73 Auto Accd Fatalitv 0 0 Auto Accd Iniury 4 45 Auto Accd Prop DamaQe 29 250 Auto Accd MV Deer 2 19 Backaround Records Check 13 90 Boat Water 25 48 Child Care Asst Unlicensed 0 0 Child Custody Dispute 2 18 Civil Process 0 13 Dist Peace not charaable 67 219 Domestic not charQable 5 39 Drivina Complaints 44 308 Drua Information Only 2 16 Fire Call 27 132 Gun Permit ACQuire 4 60 Gun Permit Carry 10 56 Gun Permit Transfer 0 0 Explosive Firearms Dlr Permit 0 0 House Business Check 2 9 License Day Care 2 20 License Foster Care 0 1 License Liquor 1 22 License Peddler 1 7 Medical 56 422 Mental Health 6 28 Misc Non Criminal 60 370 MissinQ Person 5 21 Open Door 3 21 Prowler not charQable 1 5 Sex Offender Tracking 0 0 Snowmobile 0 5 Suspicious Act not charaable 110 582 Traffic Misc 131 809 Traffic Radar Displav 0 0 Traffic Stops 320 2243 Transport 0 0 Unlock Veh Blda 10 50 Iwarrant ervlce 5 54 IU IAL NUN 1114 ti TOT AL REPORTED 7540 1227 2007 MONTH 2007 YTD 28 94 650 55 356 10 68 0 0 6 55 45 303 2 19 0 0 39 66 0 3 3 11 1 18 60 239 5 46 63 354 2 9 17 135 4 54 7 40 0 0 0 0 0 16 4 23 0 12 1 28 0 0 64 379 6 40 160 500 5 20 2 18 4 9 0 0 0 13 128 616 154 919 0 0 370 2310 0 1 11 74 9 80 1 S S S b1 1500 8219 321 w o t LL D LL 0 o a en ii W 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l p p 1 I CZl CZl E E l l CZlCZl E E 00 00 V l V l 0 Q 0 0 I I 9 00 o o C V l C r o 00 00 00 00 C C NN r r 00 E ll E o ll d I CZl r l r l ll ll CIl CIl ll ll 00 o o C o 0 o 00 00 00 00 C C NN 00 r r 00 o 00 N 0 o N o o o 00 o o N V l NN C l C l NN 00 00 00 00 00 00 00 NN o 0 o 0 5 5 CIl CIl 1 1 s s U U o 0 V l V l N N o 0 0 Ot o V l Ot C l o l o c o u ffi o o C l E 0 I 00 o o C Ot o E E ll ll t t g g ll ll d d I I CZl CZl 00 00 o 0 o 0 r r o 0 o 00 Ot N o o o 00 o o N 00 00 Ot Ot C l VJ l CZl I CZl E CZl CZl p o o o Eo 0 0 o E 0 I 00 o o C Ot o r o o C l V l V l N o o o 00 o o N o o d ll CIl CIl 1 s U o V l N o 0 o 00 C l C l 5 o d o r E Ot E u U I E o d 0 I 00 o o C Ot o r o r l 00 o o C Ot o r o o 0 V l V l N o o o 00 o o N o o d ll CIl CIl 1 s U 00 00 d d ll ll CIl CIl 11 s s uu o V l N o 00 V l V l NN 00 00 o V l Ot C l NN Oto Ot V l r Ot C l C l C l CZl CZl o r t l d o I CZl d o OCZl du Od 5 CZlO 5 u 10 g E l o o U o o Ot 0 E Ot i E 0 Q 0 0 I I 00 o o C V l r o 00 00 00 00 C C 0 0 r r 00 E ll t g ll i CZl ll ll as o 0 ll ll d d I I CZl CZl 00 o o C V l r o 00 00 00 00 C C 0 0 00 r r 00 o N 00 r Ot 0 N o o o 00 o o N Ot Ot 00 00 r r NN 00 00 00 00 00 00 00 NN 00000 00000 d d d d d ll ll ll ll ll CIl CIl rJ CIl CIl 11111 s s s s s UUUUU 00000 V l V l V l V l V l NNNNN 00000 00 00 d d ll ll CIl CIl 11 s s uu 00 V l V l NN 00 5 E o l E E 9E E g 1 g CZlCZl CZlCZl CZlI CZlCZl CZlCZl CZl c CZlCZlt l CZlCZl CZlE CZlCZld1CZlCZl CZl Ot 0010 00 o t l t l t l t l t l I I I I I I I C lV l EC lV l V lu a la l a la l a lU o CZlCZl CZlCZl CZl zz zz z 00p 00 Op UUt l UU UE 00 00 uUo uU V lV l r r 00t l 00 88 88 j j j j LLLL LLLL 00 00 00 00 00 00000 00000 C C C C C 00000 l 4 r r r r r 00000 r l r l r l r l r l s s s s s CIl en r I CfJ CIl ll ll ll ll ll 00 00 00 00 00 00000 00000 C C C C C 00000 r r r r r 00000 NN 00000 C l C l C l C l C l NNNNN NNNNN NNNNN 00000 00000 00000 00 00 00 00 00 00000 00000 NNNNN o 00 0 Cd 0 r O o I j LL 00 00 00 00 C C r r 00 r l r l ll ll CIl CIl ll ll 00 00 00 00 C C r r 00 00 Ot Ot Ot Ot Ot Ot N N N N 00 00 00 00 00 00 00 NN o o d ll CIl U 000 000 d d d ll ll ll CIl CIl CIl CIl CIl CIl 111 s s s UUU o V l N o 000 V l V l V l NNN 000 C l o Ot Ot C l C l l l 0 0 0 l l l C l l C l o o 5 I CZl E 1 U U E i p OO dd8 OO 000 zp z N l 1 1 E E dd l I I UU CZl 1 E E E o E C l 0 i2 g S 0 I 0 0 I I 0 Q 9 00 o o C N r o 00 00 00 000 000 C C C NNN r r r 000 o 0 ll o ll d I CZl r l r l r l ll ll ll CIl CIl CIl ll ll ll 00 o o N N r o 00 00 00 000 000 C C C NNN r r r 000 o 000 0 0 Ot N N o o o 00 o o N 0 0 0 000 V l V l NNN NNN 000 000 000 00 00 00 000 000 NNN 00 00 d d ll ll CIl CI CI CI l CI l 11 s s uu 00 V l V l NN 00 00 00 00 00 V l V l Ot Ot C l C l E ffi E CZl E CIl9 CZl E E o g lE 0 0 Ot 0 Ei 0 0 I I 00 00 00 00 C C NN r r 00 ll ll E o 0 ll ll d d I I CZlCZl 00 00 00 00 C C N N r r 00 00 Ot Ot Ot Ot V l N N NN 00 00 00 00 00 00 00 N N 324 0000 uuOu s s s s Cl Cl Cl Cl tI en t 1111 J J J J UUUU j 0000 V V V V NNNN 0000 al 1 1 1 1 j 1 1 00 00 00 00 0000 V V V V t t t t O O 0c t Qt Q t Q t o d l f 9 SCl lCll lc S S c I I 88 t oUt ot o CIl CI lCll I t o S v oo t l9 St ot ot o OCll l l CI lCll 00 I NONN V V V f M7 ZN l l z Cl l o g c 0 0 o 2 9 ell Cl l l 00 00 00 00 0000 0000 t t t t I i 1 4 r r r r 0000 I 0 0 0 0 EEEE t CI tIl tIl Cl Cl Cl Cl 0 l o ell Cl 00 00 00 00 0000 0000 t t t t I i I i I i r r r r 0000 I I i I i 1 1 0000 I t t t t r r r r NNNN NNNN 0000 0000 0000 00 00 00 00 0000 0000 NNNN o U s Cl en J U 0 000 uuuu s s s s Cl Cl Cl Cl tr t CI r IJ tIl 1111 J J J J uuuu o V N o 0000 V V V V NNNN 0000 V r r o o 5 ffi o l o z o u l I l ffi ooooO N t V V V V t t t t t ooE t o S SS o oo s s s l l l CIlOCllCl l I I I I CIlCllCllCl l c c c c 0000 o o s 8 C3 0000 0 a 2 0 0 0 0 lJ lJ lJ lJ 00 o o 0 r o 00 00 00 00 0000 0000 r r r r I i I i I i I i r r r r 0000 a a a a a Cl Cl Cl Cl Cl sss s o 0000 Cl Cl Cl Cl Cl s s s s s 1 1111 CIl CIlCllCllCll 00 o o 0 r o 00 00 00 00 0000 0000 r r r r I i I i I i 1 1 r r r r 0000 o N 0000 0 V N o o o 00 o o N 0 0 0 0 t t t t NNNN NNNN 0000 0000 0000 00 00 00 00 0000 0000 NNNN o U s en 1 s l U o V N o o N o t 5 o c o z t o t U U I t o o V c 0 lJ 00 o o r r o 0 E 00 o o r o o N o o o 00 o o N o u 5 o o V N o I t o CIl CIl o I V t Q CIl U o t a o c o Q u 00 o o r o 0 Cl 00 00 o 0 o 0 r r o 0 o 00 r N o o o 00 o o N E u s Cl en 1 o o V N O V V r 0 00 V V t t 5 5 o 0 c c o 0 u u u u t o t o o V c 0 lJ 00 o o r o 0 Cl o r 0 r N o o o 00 o o N o U s Cl en 1 s l U o V N o o V c 0 2 00 o o N r o 0 Cl 00 o o N r o o N N 00 N o o o 00 o o N o u 5 en J U 0000 uuuu s s s s Cl Cl Cl Cl f I l CZl rIl r I rJ r n tI tI 1111 J J s l s l uuuu o V N o 0000 V V V V NNNN 0000 N 00 V t 0 0 1 0 0 0 0 OOOONN t t t t t t t t 5 o c o t U U I i 6 i2 CIl 0 0 t o t o 0 0 I sg sg t o t o Sc Sc CI lOCl lO I I I I CIlCl lCllCll c c c c 0000 o V c 0000 to to V V V V u u 0000 0 2 0 0 0 0 lJ lJ 00 o o N r o 00 00 00 00 0000 0000 t t t t t t t r r r r 0000 0 Cl a a a a uuuu 0 0 0 0 Cl Cl Cl Cl SS ES 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00 00 00 00 00 00 000000 000000 NNNNNN 00 uu s s Cl Cl en en 11 J s l uu 00 V V NN 00 NN 00 00 NN t t 55 00 c c 00 Z Z t ot o t t I I UU UU I I 2 t ot o 00 on V c c 0 0 lJ lJ 00 00 00 00 N N 0 0 t t r r 00 0 0 Cl Cl en en Cl Cl 00 00 00 00 t t 0 0 t t r r 00 00 r r 00 t t t t NN 00 00 00 00 00 00 00 NN 00 uu s s Cl Cl en en 11 J s l uu 00 V V N N 00 t 00 00 V t t t S CIl z 00 OU t o lc l 10 s 00 00 i i 0 0 O t t t S S 0 lJ 0 2 a 2 9 00 00 00 00 t t 0 1 0 t t r r 00 0 0 EE en en Cl Cl 00 00 00 00 t 0 1 0 t t r r 00 N 00 on on r r t t NN 00 00 00 00 00 00 00 N N 0 u 5 en j U o V N o o 00 0 V t 5 o c o z E t U U I E o on c 0 a 2 00 o o t r o 0 Cl en 00 o o t r o o r 0 1 V N o o o 00 o o N 325 I Q t I u I S u 0 il al t N CD M C J J l C a o 326 z 00 z o u 00 o o r I 2 00 o o 0 V N 1 0 OJ bll 00 o o t Q 00 o I E g OJ u u OJ OJ u u u u S E E l S E E E E 5 roro g rorororo U rJ J u E E ro 1 l o 5 m 1 1 P l l g u 0 0 0 P t P tQ 2 E E 1i i 1i i 1i i ro u u E E ro ro I I N t N N I 0 gzzzzzz zzzzzzzzzzzzzz e u a a r @ 1 1 5 1 g OJ Sro s S to l l t j 1 g g OJ O I g S OJ 00 l 1 1 t j c u 5 5 0 0 0 j j zz 1 1 1 u u u a U 1 1 1 l00 o p O 2gs o OoUU 8 1 ta ta o Zo r r W E 0 o U c f@ 5 o 0 P l 1 0 uw c g 0 I U l I o g g Ci3E E l o Z 8 o lo lo l w 1 Q 1i i 1i i Q Q o 0 goo a ZOWW cI u u u E E E ro ro ro I r o V o zzzzz 1 Q l l o 0 5 5 roS wF A p p p puA u E 3333 EE E 8888 I 1 1 o 0 zzzzzz N 0 o I N z fI5 9 C5 o o d W Q 0 c P E OJ OJ OJ s s s s 0 g g EuQ Q P o 2 u I I E 9 o 1 c t o o o8o l roC lC l o lt 1 Q Q Q Q 1 ogP P P P gP 11 ZCQ uuuW CQO uOO O tr toOO t O tV O O oooogo OOI I r r I tNI I tI I I NNN tr t o 0 0 oooo N ii5 Q Q SN8 1 1 Q Q Q 2 CQoS JS J o l l l l S N r ooooo j t c c c oooooooooooooooo Qogggggggg O Q I OQQQQQQQQ 1 1 1 1 1 1 1 1 ooooooooo I 0 zg t r 00 g 50 u8 00 r 0 t0 OO C lO V NO I O NOOOO V V V V V V V t t t t t t t t t r C lC lC lr C lC lr 00000000 00000000 00000000 00000000 00000000 00000000 000000000 V V V V V V V V V ggggggggg o t o 0 0 S 0 0t j r 2 CQ 1A OV s C l U l 5 3 8 o c g o Q g g O s Q tQ Q o CQI l S1 2 3 1G s s s 1 f I c tI cd c J 4 3 5 l CQ S2 S J n 8 r Q V Q Q V Q Ur r15 r 8 c c l c l l l c P ii5 c N NNN 000000000000000000000000000000 000000000000000 000000000000000 N N N N r l r r C l C l r t t t t QQQQQQQgQQQQQQQ I I I I I I I I I I I I I I 000000000000000 O V Nr I O v O OOO O t I 0 V V 00 00 1 I V 0 t 00 0000001 00000 t00000 V tV V V 0 V V V f 1 V t tv t t t t tr t t f t t t t r C lC lC lC lC lC lC lC lC lC lC lC lC lr 000000000000000 000000000000000 000000000000000 000000000000000 000000000000000 000000000000000 000000000000000 V V V V V V V V V V V V V V V NNNNNNNNNNNNNNN 000000000000000 V 0 0 t00C lr r 0 00S t I 1 V t t t I t N 00 ONOt NOOUN 0 0 0 0 0 0 0 0 0 00 c l 1 ro ro I E d lJ gj gj ii5 ii5 ii5 iii tI U Q 1 Q 1 Q Q s s s s Q 0 El El p s s S 5 ii S ca t jt jt jt j g Q Q c c r r S 1 1 ro ro 0 0 0 0 il tj 0 l l l l NN NOO 00000000000000000000 0000000000 0000000000 t t t t t t t t V V QQQQQQQQQQ 1 1 1 1 1 1 1 1 1 1 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a ZO CI p p p p p p p p t li J g g E E 0 0 O O O a Q 1 vv vo t l 1 N 0 o u G g g ONOON NN OONON Ci t cd QQQ tEtE ii5 CI o 5 ii5 p p p t d i d Uvv 1 o V V d Q gg a gaS O l S i tr i i iuuu sl d l v c U 5 fdCl 00000000 o c c i c oooooooo O p CI CI QCl oooooooooooooooooooooooooo oggggggggggggg O M I I I I o o ooooooooooooo 80888888888888 z 00 00 0 1 I 00 00 N OO O OOO O 1 1 1 0000 I0N 1 1 0 1 I M I I f I I I I I 000000000000 000000000000 1 88888888888888 Cljj O O ed cd EE 9 a 8 CI c 0 III e g g o o Cl v v u a l lS d ME v S2 f V l 00 00 00 00 00 00 000000 000000 1 o tr OO 888888 1 C C C Z 1 01 000 1 l o 000000 n f n f n f NNNNNN 000000 336 b CHANHASSEN FIRE DEPARTMENT P O Box 97 7610 Laredo Drive Chanhassen MN 55317 Bus Phone 952 227 1200 Minnewashta Station NO 2 Phone 952 474 7094 MEMORANDUM TO Todd Gerhardt City Manager FROM Gregg Geske Fire Chief Roger Smallbeck 1 st Assistant Chief Randy Wahl 2nd Assistant Chief II 11 Mark Littfin Fire Marshal v Con Wallis Training Officer DATE 08 15 08 SUBJ Monthly City Council update Fire Department Overview Staffing is at 41 active firefighters and 3 probationary firefighters as of August 15 2008 allocation is 45 PTE s As of August 15 2008 we have responded to 364 calls up five calls for the same time in 2007 There were no structure fires Training This month s training has consisted of Relay Pumping and National Incident Command System training Fire Marshal Fire Prevention Plans are being made for fire prevention week which runs nationally from Oct 5th Oct 11 th and the annual open house at fire station 1 on Oct 1 ih The FD works together with our four elementary schools presenting fire prevention messages station tours and hands on practical exercises This will be our 20th year in working with our schools educating our students in the hazards of fire and knowing what to do if confronted with a dangerous situation Fire Investigations No significant fires to report on The fire ed appears to be working G SAFETY Fire Council Updates 081508 City Council Update doc 337 Fire Inspections Ongoing projects at various stages of construction include the Chanhassen High School Carver County License Center Dell professional building illI building Jimmy Johns Autobahn Motorplex Clubhouse Paisley Park remodel Snap BIG Building Southwest Transit Station Super Dog and a number of smaller remodeling projects All projects from the FD perspective are moving along well with no immediate problems All schools in Chanhassen will be getting inspected in the next few weeks The State Fire Marshal office inspects schools every 3 years we get in them annually and if there is remodeling happening we may go in more often G SAFETY Fire Council Updates 081508 City Council Update doc 338 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Todd Gerhardt City Manager 3 The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play FROM Angie Auseth Planner I o DATE August 25 2008 SUBJ Nick s Storage and Parking CUP 87 2 Amendment Sign Variance Planning Case 08 10 1900 Stoughton Avenue PROPOSED MOTIONS A The City Council approves an amendment to Conditional Use Permit 87 2 to permit a total of 60 outdoor storage spaces to be located in Phase ill of the site subject to conditions 1 through 11 on pages 12 and 13 of the staff report B The City Council approves Planning Case 08 10 for a sign variance to allow one monument sign along Highway 212 frontage in addition to the permitted monument along Stoughton Avenue with conditions 1 through 4 on page 13 of the staff report City CounciFapprovalrequiresa majority of City Council present EXECUTIVE SUMMARY The applicant is requesting an amendment to Conditional Use Permit 87 2 to allow a total of 60 outdoor storage stalls and a sign variance to permit a monument sign along Highway 212 alan existing mini storage facility JULY 14 2008 CITY COUNCIL TABLED ACTION This item was tabled atthe July 14 2008 City Council meeting due to the discrepancy with the installation of stormwater improvements for the site The applicant was under the impression that the improvements only needed to be demonstrated for the site however staff sintent was for the installation of the stormwater improvements on the site Since July 14 2008 the applicant has worked with the adjacent property owner Parcel B and provided staff with plans for the stormwater improvements for both parcels The owners of Parcel A and Parcel B have reached an agreement for the installation of the pond to be located in its original location on Parcel B A drainage and utility easement will be placed over the pond to permit access by the City for maintenance purposes A condition of approval was also added requiring a security 339 Todd Gerhardt Nick s Storage and Parking August 25 2008 Page 2 for the installation of the pond by November 15 2008 The staff report has been updated in a strike though and bold format to reflect these changes The applicant still wishes to pursue the sign variances staff s maintains their original recommendation to allow one additional monument sign along Highway 212 The City Council minutes for July 14 2008 are attached RECOMMENDA TION Staff and the Planning Commission recommend adoption of the amended motion as specified on pages 12 and 13 in the staff report dated June 17 2008 approving the conditional use permit and sIgn vanance ATTACHMENTS 1 July 14 2008 City Council Minutes 2 Planning Commission Staff Report Dated June 17 2008 3 Amended and Restated Conditional Use Permit 87 2 Interim Use Permit 92 1 4 Variance 08 10 g plan 2008 planning cases 08 10 nick s storage parking 8 25 08 executive summary doc 340 City Council Meeting July 14 2008 19 Any existing public utility not covered by right of way or easement will require drainage and utility easements to be dedicated on the final plat for the Crossroads of Chanhassen 2nd Addition 20 The sidewalk on the west side of Crossroads Boulevard will need an easement over the portion which is not in the right of way 21 Storm runoff from Crossroads of Chanhassen 2nd Addition must discharge to the drainage pond constructed with Crossroads of Chanhassen All voted in favor and the motion carried unanimously with a vote of 5 to O Councilwoman Tjornhom moved Councilman Litsey seconded that the City Council accept the 02 acres of land adjacent to Crossroads Boulevard Right of Way from MnDot and approve the Quit Claim Deed All voted in favor and the motion carried unanimously with a vote of 5 to O NICK S STORAGE PARKING 1900 STOUGHTON A VENUE APPLICANT JACQUES GIBBS REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT NO 87 2 VARIANCE REQUESTS Nick s Storage This item did appear before the Planning Commission on June 17th The Planning Commission unanimously approved the project There s two motions One to amend a conditional use and one for a variance for a sign permit So I d like to give you the background on this application It s a little complex When it first came before the staff we spent a lot of time trying to resolve how to reconcile the application itself and we took a course of action that we felt based on the circumstances seemed to make the most sense The site itself is located along the 212 corridor on Stoughton Avenue This would be Stoughton and this is 212 It s also bordered by Chaska Chaska has these pieces here and also the abandoned trail along here This is Chaska and the Gedney Pickle site which is in Chanhassen And then this parcel here is with the newly upgraded Xcel Energy site So the site itself is zoned business fringe Business fringe does allow cold storage as this is and outdoor storage The site was approved way back in 1987 so it s been in place for over 20 years and was amended in 1992 and that s where some of the ambiguity comes in place with the conditional use and the interim use So the property that was approved for a site plan was on Parcel A and then there s Parcel B The interim use and the conditional use go over both parcels so the entire property within that conditional and interim use is 16 acres or 16 acres So there were 3 phases The first 2 this was the first phase These buildings Phase II and then Phase III Again that included 8 storage buildings So with Phase I and 11 20 of the 16 29 acres were built on and there s additional phasing for 2 additional buildings on Parcel A Back in 1992 they wanted the applicant went to the City Council to get the original conditions approved to allow trucks and trailers so the interim or the business fringe district was amended to allow the outdoor storage for the sales trailers And then behind that were the conditions outlined for those terms to be met Staff in their report put together what those original conditions were and have they been met or not Again the conditions were that the quantify the number of outdoor storage and then the screening and where they could be confined to Again everything was confined to Area 1 It should be noted too at that time there was a ponding requirement on the property in Parcel B So in 1992 then after a second reading 6 341 City Council Meeting July 14 2008 the interim use permit was allowed to allow outdoor storage So here s where the ambiguity comes in if you look at the interim use permit If you go to the standards for the interim use permit under the terms of the original conditional use permit which were attached in the staff report it does say in that interim use permit that outdoor storage is permitted It doesn t quantify that part and I think the ambiguity came in with the conditional use So there is a finite time for this to expire and I ve prepared on condition 12 I added an additional condition but clearly the intent was that there d be some sort of term If you look at the interim use permit it says we should define the time when this should expire If you look on the original interim use permit that time was if there was a violation to the code If one yearit didn t get started But in looking at this piece of property certainly a higher and better use could come along when the city did provide municipal services Although the long range guiding of this property is for office industrial which cold storage is a permitted use even in that zoning district so and a fact that it is zoned to become a higher and better use This is still a permitted use because we do have two cold storages currently in the city One has got the auto related and the other one s right here on Highway 5 and that is also cold storage so the uses may not be non conforming Although condition 12 that Ijust passed out says that if the two additional units come into play they must come completely in compliance with the stormwater Which is in the original conditional use Mayor Furlong Excuse me Kate Aanenson Yep Mayor Furlong The you said additional units Is that what s referred to as this Phase III Kate Aanenson Yes If they were to put structures there instead of big cars Mayor Furlong Okay Kate Aanenson Then they would have to bring that and that always was a condition in there There should be no more outdoor storage Mayor Furlong So the based upon what prior councils have approved the outdoor storage for 24 rental vehicles was allowed until such time as they built additional storage structures Kate Aanenson Correct Always was until yeah Once those last two buildings are built there should be no more additional outdoor storage and that s consistent and we haven t changed from that Mayor Furlong Okay And so the request here for clarification is to eliminate the restriction Well first of all expand the 24 to 60 Kate Aanenson That s correct Mayor Furlong Parking stalls I ve got a question on that Kate Aanenson Sure 7 342 City Council Meeting July 14 2008 Mayor Furlong But also not limit the parking stalls to rental trucks and trailers Kate Aanenson That s correct Mayor Furlong Which is what it was originally for Kate Aanenson That is correct Yep They re finding other uses Having saidthat that s kind of the background The complexity comes in and why we spent so much time internally trying to resolve this issue is that in fact there was an administrative subdivision between Parcels A and B so they actually were now under two different ownerships So when the applicant came forward to apply for this we said you re already over because you just own this parcel But in reviewing that really the conditional use still goes over and the interim use still goes over both parcels So the impervious surface and it seemed punitive because the factual part of this is that Parcel B has no development rights because all the development rights were absorbed onto Parcel A So once sewer and water becomes available that s the time that triggers the time for Parcel B to develop The rest of the 9 47 acres Mayor Furlong So the CUP was originally approved covered both A and B Kate Aanenson Correct Mayor Furlong And the allowable development has all occurred on Parcel A Kate Aanenson That s correct And we re still staying consistent with that and what we said through notification that to the property owner that Parcel B has no development rights because it was all absorbed on Parcel A And it s not uncommon We ve done that on other property where there may be future road right of way if somebody wants to build a house We put the rest of that in outlot Kind of at abeyance until such time We ve done that in the 1 per 10 We ve allowed someone to do smaller than 1 acre lot but then they have to put the rest of it so they meet that requirement so this would be a similar example of that But the rest of the development potential is predicated on the city providing municipal services And it also allows which we put in that district some reasonable use of that property down in that area while we created that kind of that old commercial zone So because we did this administrative subdivision it just made it move complex and in looking at that we have I m working through the city attorney you ll be seeing a code amendment coming through that will now if there s an interim use or a conditional use on your property you cannot subdivide it We didn t have that in place so the city attorney has recommended that we do that That has gone to the Planning Commission You ll be seeing that amendment but we haven t had too many examples of this but this is clearly one that it would have been easier to have it all on one parcel But again we didn t have an mechanism to stop that So again we have a piece that was non conforming The development rights go over the entire property so that s the way we process it and that was kind of one hurdle to get over Okay So with that there were some illegal signs noted on the property and that s what brought to our attention kind of what s happening down there to date and the applicants wanting to pursue that So with that we proceeded to let s clean up what we have Make best of what we ve got Permit it and then try to make the conditions reasonable to 8 343 City Council Meeting July 14 2008 what they re trying to do and reasonable fbr long term fbr the city So one of the things that they have done is created some ponding piping That was one of the issues that was brought up because the pond is that was dedicated or let me go back to this picture It was supposed to be built on this or it pre dates the current development or current NURP pond standards So really it was to retain water but was not built to treat water Our engineering staff or water resources had been out there to verify the construction or how that was functioning and that s where these recommendations are coming forward to you I know the applicant has asked that they be allowed to continue to use that but because it was never built to those standards it s on someone else s property we believe to resolve this the best that we can that they need to provide ponding on their site to the best of their ability and that s what we ve tried to accommodate here It s not perfect It wasn t in the beginning but it s much much closer than it was before and it s on their property and they have control of that and that is one area issue that they still have with these conditions and they did appeal that at the Planning Commission but the Planning Commission did concur with the staff and recommended that they do that ponding So they have done some ponding Created a piping and kind of a swale There s a recommendation additional recommendation that excuse me This is what they put in place The picture back here is actually creates a little bit more of a berm A little bit more retainage for these ponds So there s the piping that they have out there today So that would all be on their property Parcel A So this shows and I ll get more detail then the berming that s in the wetland the stormwater retention area Councilman Litsey Which way s the natural drainage there Kate Aanenson Actually when they redid the street there I have to go back and find a bigger map here It goes over towards that Councilman Litsey Goes over the pond area Kate Aanenson Goes 212 Goes over 212 and that s where we re trying to stop it and retain it before it goes over yeah Councilman Litsey So this would push it towards where the pond had been proposed to be Kate Aanenson Well it s keeping it on their property It s keeping it sorry I ll go back here So we re in this area here Councilman Litsey Yeah Kate Aanenson So this is where it was originally On somebody else s property so we re saying that really that it seems appropriate to keep it on this property Councilman Litsey But you re saying it s not it s better but it s not perfect so there s still going to be some drainage probably towards Kate Aanenson No I think with the swale and stuff like that it s not to NURP standards 9 344 City Council Meeting July 14 2008 Councilman Litsey Okay Kate Aanenson It s going to retain the water It s just not built to Councilman Litsey Okay Kate Aanenson Yeah There shouldn t be that problem Todd Gerhardt So basically slowing the water down a little bit but it s still ultimately going to head down to that ponding area and then ultimately underneath Highway 212 Kate Aanenson It will Some of that will go that way correct Todd Gerhardt Into the creek Kate Aanenson Which is how it s been doing it in the past correct Slowing it down Trying to treat it which we weren t in the past That s correct Councilman Litsey Thanks Kate Aanenson Okay So that s kind of the site plan issues So really we re saying we would allow the additional outdoor storage again up to 60 The discussion there was whether it d be hard surface or not The Planning Commission wanted to leave it no hard surface Leave that flexibility in there And then so then the next issue was the signs and there was quite a bit of conditions on the application or the recommendations that regulate the drainage so if you have questions I d be happy to answer those but Then again we go back to the outdoor storage and then the rental use and the complexity involved in there The goal and the interim use permit require that all outdoor storage be screened That s something that we need to resolve because right now it s not completely screened so that is a condition of approval In looking at the signs the applicant alleges that there were a pylon sign in place and has requested 4 signs and I ll go through those in a little bit more detail Because when they ultimately screen this entire site we did feel that maybe a variance for one sign because it s set back a ways from 212 and would be completely screened would be appropriate so we did recommend the variance though so again the signage in the BF district allows just one monument sign 24 square feet It s pretty minimal with a maximum of 5 feet So the signs that they had made and wanted to put on the site The first one sign number 1 on Stoughton was 10 feet high 48 square feet so that one exceeds the sign area and did not receive a sign permit Same permit so we are recommending denial of that one Sign number 2 Along 212 Exceeds the sign display area The height limitation Is located in MnDot right of way and did not receive a permit So we would support this sign This would be the sign area It needs to be located outside the right of way but it would have to be made smaller but this would be that area that d be heavily landscaped along 212 that would give some identification so really otherwise you re on Stoughton the residential side so this would give identification for that and then that would allow the directional sign Sign 3 is the one that has the pylon sign Again the BF district doesn t allow signs that tall This one is 18 feet and 60 square feet in area so we ve got 3 significant large signs which is much more than we have in any other district So that we also recommended denial and then sign 4 would be the 10 345 City Council Meeting July 14 2008 directional sign which we will permit but they need to be smaller to make those work and again we do allow directional signs for someone to find a business Again that seems to be an appropriate use So again the other thing that we did address was landscaping They need to provide that screening on the other so with that we would recommend approval of those 60 with the conditions in there The main one being that if in fact they do build those additional buildings then the storage has to be eliminated and maybe we need to further clarify Let s say they build one and if there s an appropriate you know that splits the outdoor storage somewhere because it may be only one additional building gets built and then do the 60 outdoors so maybe we might want to address may be that technical but maybe we do want to just talk about that a little bit too If they just did the one building so I didn t address that in the staff report So with that we are recommending the conditions we ve put in the staff report and I d be happy to answer any questions Mayor Furlong Okay Questions at this point Councilman McDonald Well I ve got a question I m a little confused about the ponding We created a PUD for the entire site because at that time one person owned it and they had had the intentions of putting up a storage facility anyway so that s what they built Then it goes and gets sold and it gets divided down between the two parcels and now all of a sudden Parcel A is having to pretty much bare the burden of the ponding Why can t we enforce the entire PUD over onto the second lot Kate Aanenson Well we could Mr Dungey s here ifhe wants to speak to that but I m not sure that if he doesn t agree to it what can we do to force him to do it But for that they could not proceed Councilman McDonald Well yeah I don t have the answer Kate Aanenson He sold the property Councilman McDonald He sold the property you re right but at the time you know all of this was built around one PUD with one piece of land and the way the burden was spread out across that it works Now all of a sudden we have someone corning back after they bought the second parcel and it doesn t work because again we ve split it up so Kate Aanenson Well there s two answers to that One is you can null and void the whole CUP because it s no longer valid We didn t think that was a reasonable approach I m not sure trying to make Mr Dungey do that Would we stop it until he does Councilman McDonald Well I m not sure that we accomplish what we re trying to get accomplished by putting a PUD by doing what we re doing either That s where my confusion comes in is that okay if what we re trying to do is trying to do something about the drainage and alleviate some of that how are we doing that by just having him do a couple swales and some pipes that go nowhere and all of a sudden where s the water go 11 346 City Council Meeting July 14 2008 Kate Aanenson If you look at the report from the consultant s engineer and what we reviewed internally I think that they make the case that it does meet the conditions As best I m on page well he s on the same page On page 7 of our staff report While this is a summary While the proposed infiltration ponds do not meet the NURP standards based on the site complaints with the exception of the applicant has taken adequate measures to treat the storm water and rate control so we believe it does meet that Mayor Furlong And I guess one question Councilman McDonald obviously this is something that I think all of us were looking at but the original if they had followed the original conditions of approval which would be as I m reading out of the staff report here designed to limit the runoff to a pre development rate of a 100 year storm Is it true that what they re doing on Parcel A right now is better in terms of quality and quantity than what would have been done if they had followed the original plan Kate Aanenson That s correct Mayor Furlong Is that correct What s being proposed here on Parcel A in terms of storm water quality and quantity Paul Oehme It doesn t completely meet the NURP standards is my understanding In terms of water quantity control but it does do a good job of treating the water before it leaves the site Mayor Furlong Does it do as good a job or better than what would have been in place if the original 1987 condition had been followed Paul Oehme I think it gets close to the NURP standard Mayor Furlong Because NURP as I read the staff report there weren t NURP standards at that time Paul Oehme Ithink 88 Mayor Furlong And so I guess I m looking at councilman a sense of relative here You know if it was corning in fresh and my next question is what would it take to meet current NURP standards if they were corning in fresh today But what was required was this and my question is what they re proposing is it equal to what was originally required Or better Do we know that It s not at our current standard Paul Oehme Right I d have to look back exactly what was approved back in 87 and I don t know if we have that data But in terms of water quality Mayor Furlong Wasn t there some reference to that though in the staff report Kate Aanenson Yeah Well as presented in the Planning Commission really I mean you can see clearly on this site It s been driven as a race car track over it We did walk It s not functioning It s a recessed area It s not functioning as it was intended I think the Planning 12 347 City Council Meeting July 14 2008 Commission also considered that Why can t we just build it big enough to make it for the potential Well we don t know what use future uses would be on the site to make it big enough Certainly that ponding area may not be big enough for the entire parcel when it s fully developed so it seemed reasonable that when this parcel got split off that they have to take some ownership of that by splitting it off and I m not sure how we would compel Maybe the city attorney has an opinion on that How we would compel Mr Dungey to create the pond that adequately meets that site Councilman McDonald Well I m not sure how we compel it either but the thing is that it holds up what happens on the second parcel I mean we have a right within a PUD to say you ve got to meet those requirements Kate Aanenson But the person asking for the request is Parcel A and that s the only person I can control Is Parcel A is asking for an increase in use So the nexus would be that require them to adequately manage that Councilman Litsey So in the staff report it says the proposed improvements are more effective than the original holding pond requires the condition of approval in 1987 Kate Aanenson That s correct Councilman Litsey water quality and rate or just quality Or is it the whole thing Kate Aanenson Both Both Councilman Litsey So as the mayor said then we re approving a pond what was there in place before in terms of water quality and Todd Gerhardt They re meeting the 87 standard Councilman Litsey Yeah It s better than what was in place originally Kate Aanenson It s better than that Yeah Todd Gerhardt And I don t know if we want to go down the other track I mean the other track gets very complicated and I mean if we re meeting the standard you know that argument would be used back against us I think If we tried to you know enforce the old conditional use permit Mayor Furlong And what would be required from a stormwater management standpoint if they had to be on Parcel A the current NURP standards Kate Aanenson I can t answer that As far as quantity size If it s rate or deeper pond Something like that Mayor Furlong More than what they re doing 13 348 City Council Meeting July 14 2008 Kate Aanenson Yep Yeah Mayor Furlong More than what is being proposed Okay And I guess the question is is the impervious surface area here on Parcel A and it s really the impervious surface across the entire area A and B Is that what was anticipated back in is that Kate Aanenson No The only development rights were on Parcel A Mayor Furlong But is the is the total impervious surface area on A and B combined because there s none on B Is that what was expected when this was originally approved Kate Aanenson Correct Mayor Furlong Or there s more from a impervious surface standpoint Kate Aanenson No No because the only thing that was approved would be Phase A Would be Parcel A so if something else went beyond that we probably would have addressed a bigger pond At that time it seemed that that was adequate for the 8 buildings And that s what really was the intended to accomplish was to Mayor Furlong And the 8 would include the additional 2 that have not been constructed yet Kate Aanenson That s correct That s correct So at that time that pond in that comer where it was draining to seemed to be logical to manage all that Mayor Furlong Okay I kind of jumped in on your question there to clarify it for me Any other thoughts at this point Councilman McDonald That s fine Well Mayor Furlong Or questions Councilman McDonald There are some other issues with both Parcel A and Parcel B that I think we ll get into and all I m trying to get at is Ithink that we as a city control the entire CUP because we issued it and if we re now going to break it up my question comes then why have it I don t understand the advantage to us I m not quite sure how to put this but I don t understand the advantage to us of now enforcing the CUP across the entire property because that s how it was initially put together Kate Aanenson We are We are balancing There s no development rights on Parcel B Councilman McDonald Okay but if we go and move the ponding over to Parcel A why can t the owner of Parcel B then come in and say that I could do it Kate Aanenson What if he chooses not to Or what can we do to compel him to do that So then therefore Parcel A can t go forward because then you have inadequate storm water 14 349 City Council Meeting July 14 2008 Todd Gerhardt And if Parcel B was to come in with development knowing that the pond is on Parcel A the we would force Parcel B to treat the water of Parcel A to the level of what our current standards are Not that he may have to pull the whole burden of that cost but we would bring in Parcel A and B into our current standards with the development of Parcel B Councilman McDonald Okay Let s go ahead I m fine with that Mayor Furlong Okay Any other questions at this point Other questions for staff Councilwoman Tjomhom Ernst Litsey On the signage What I was reading in the recommendations of staff and I believe the Planning Commission are consistent is that correct Kate Aanenson Yes Mayor Furlong Was in the report and that is to allow a sign on Stoughton A venue If you can go back to your 1 2 3 4 Kate Aanenson Yeah Mayor Furlong So the Stoughton Avenue sign that s allowed currently That just is not meeting the current size requirements based on ordinance for this specific correct Kate Aanenson No Actually sign 1 Mayor Furlong It s height and display area Kate Aanenson Sign 1 yeah The applicant must replace sign 1 Yes you re correct That meets the sign area Mayor Furlong Okay Kate Aanenson It s too large Mayor Furlong But that would under current ordinance be allowed as long as it was it met the size and area Kate Aanenson Exactly Yep Mayor Furlong The sign 2 is proposed to be allowed by a variance because of the Findings of Fact and the issues related to the variance request simple because in part they re being asked to shield naturally with trees visibility of their business from 212 Kate Aanenson That s correct In effect screen the entire use so it s hard to see if you re trying to find their location That s correct 15 350 City Council Meeting July 14 2008 Mayor Furlong Okay So that s the basis there Sign 4 is a pylon That doesn t meet it Sign or excuse me Sign 3 Sign 4 is directional You said directional s are allowed Kate Aanenson Not that size Mayor Furlong But this one doesn t meet the size Kate Aanenson Yeah that s correct Mayor Furlong So a directional sign would still be allowed and I believe that s one at the intersection of Stoughton and 212 correct Kate Aanenson That s correct Mayor Furlong Okay So that by current ordinance would be allowed It just has to meet the right size Kate Aanenson That s correct Mayor Furlong So that isn t really being addressed in this area Kate Aanenson Right Mayor Furlong But for the it has to meet current ordinance Kate Aanenson Yes Mayor Furlong Okay Okay and then the other question I had Well we ll get back to that later Anything else at this point Councilman McDonald Yeah I had a question about the signs too Mayor Furlong No that s fine Councilman McDonald Within the report there was some discussion about that sign had been there for 20 years Have we as a city ever allowed pylon signs Kate Aanenson No Not to my knowledge They have a difference of opinion on that but Councilman McDonald Okay because Kate Aanenson I can t since I ve been here 17 years This was approved 20 years ago so Councilman McDonald Well some of what was said in there was somehow there was a permit issue that we have no record of it 16 351 City Council Meeting July 14 2008 Kate Aanenson Right We can t find a record of it We did search for that and it could have been done without a permit Councilman McDonald Are there any other businesses that are let s say at least 20 years old that where there are pylon signs in the city Kate Aanenson There may be along the I m trying to think on the at the bottom of the Y if there s anything down there So Councilman McDonald You mean down where the hotel s at and the golf driving range Kate Aanenson Yeah If there s some non conforming ones down there but I m not sure they re that tall I know the Brooks Hotel has a pylon sign I believe so Councilman McDonald Okay That s all Mayor Furlong Alright Any other questions for staff at this time then No I know the applicant s here I believe so anyway so at this time I invite their representative to come forward Craig Mertz I m Craig Mertz I m the attorney for Nick s Storage and with me is Mr Engel who s the in ho se counsel for Nick s Storage and Mr Gibbs who is the principle owner of Nick s storage and Wendy Langley who is their on site management and John McCain who is their consulting engineer and Gary Dungey is here I just talked to him for the first time tonight and Gary s got something he wants to say but if you ll let me talk first it d be appreciated Nick s Storage bought this property in the year 2004 and what we thought we were buying was an ongoing business that had both cold storage facility plus signage plus outdoor storage and we thought we really weren t changing anything from what Mr Dungey and Mr Brown were doing They re the sellers from whom Nick s Storage purchased On the signs there was a pylon sign there and there were monument signs on the two highway frontages and all that Nick s Storage did was order refacing of those signs and we were unaware of the fact that there was a problem with the signs since all we did was order refacing Specifically what triggered all of this was that one of the faces on the pylon sign was storm damaged and we ordered replacement faces for that and Ms Auseth on a drive by spotted the face change in progress and that led to the compliance review on the property The two things that Nick s Storage needs here is both the outside storage and as much signage as we can get The real estate taxes since they purchased the property have gone from approximately 30 000 a year to about 52 000 a year Before we lost our pylon sign with Ms Auseth s compliance inspection our statistics indicated that about 75 of our business was coming in from the pylon sign because that s what the people said they saw That s what they spotted That was the sign that was illuminated at night and the our occupancy rate has declined since that sign went down We re from about 85 occupancy down to about 65 Now I can t say whether some of that is attributable to the economy and how much of that is attributable to the signage but I think that the loss of our pylon sign is a significant factor on the suffering that we are incurring at the moment About 1 3 of the gross income of this business comes from the outside storage so both the signage and the outside storage is important to us We re asking that we get these outside storage spaces The staff 17 352 City Council Meeting July 14 2008 report talks about them being grassy or gravel We really want to do them grass and not gravel We believe it s going to be easier for us to maintain with lawnmowers than to deal with having to spray for weeds and what not coming through the gravel so we would like the grass parking stalls and we d like as much signing as we can signage as we can possibly get Mr Dungey who I met out in front of the building here tonight tells me that when he was the owner of the property 20 some well you had it for 20 some years almost He remembers working with Don Ashworth the then city manager and while he you can t remember specifically getting a permit or not getting a permit for the signs you told me out in front of the building that you do recall that you did the footings yourself for the pylon sign and that you met with a city inspector who was approving the footings before putting the pylon onto the footings And you also told me that that you did do dirt work in the ponding area as indicated on the extreme north portion of Parcel B That you hired some scrapper work and what not and you thought you had met the requirements of the city on the ponding And you also indicated to me that you had been watching the water situation over the years and the various big storms that we ve had and you were unaware of any problems with overflow across Highway 212 etc Have I fairly said those things that you brought to my attention outside Gary Dungey That s right Craig Mertz Okay And you also indicated to me that you thought the soils on the north end of the property were such that there wasn t going to be a big drainage problem out here Here s the bottom line is my client is asking that you approve these outside storage spaces and that you approve it s sign request and then as for the ponding that you table the ponding part of this until such time as Mr Dungey and our engineer and your engineering can walk these improvements that Mr Dungey did some 20 some years ago for the ponding area on the north for the property Is there anything you want to add Mr Dungey Gary Dungey Well as far as the ponding goes when we first built that that was just all sand out there and nothing was actually you know all of the dirt work was done in the sand so there was some erosion problems But in time that was all seeded with alfalfa and grass and you go out there now and it s just it is seeded heavily and runoff from my property Runoff everything that runs north out of the mini storage it hits that grass It doesn t even hardly get to that ponding area And before the grass and the alfalfa and everything was seeded In 87 we had an 11 inch rain I don t know how many people remember that but at that point in time when we had that 11 inch rain in 2 days the water never went over 212 And with all of the grass and the alfalfa and everything that s in there now and it s so much sand the water soaks into the sand It doesn t get to that ponding area anyway So I really don t know how much of an issue that ponding area would be Now 20 years ago it wasn t and like you know today things change but it works very efficiently just the way it is now I don t know what more you could really do to it to change it There is a culvert that runs underneath 212 If you do get a really heavy rain there ll be a little puddle on the other side of 212 but I think that s coming from the land that s over there anyway And for that water to ever get over to the creek or the little stream or whatever that is over there I just I don t know how it I think it would have to be 3 feet over 212 to get to that creek Kate Aanenson Mayor can I just ask 18 353 City Council Meeting July 14 2008 Gary Dungey Because of the elevation Kate Aanenson W did our Water Resources Coordinator did walk the site so we have walked and verified the conditions on site so Ijust want to be clear I m not disputing that at some time that this was graded and it s seeded but in the Water Resources opinion it didn t meet the standards It wasn t built to any standards and it s not meeting standards today So that s why we re recommending additional storm water because it didn t it was deemed that it wasn t meeting today s standards Councilman McDonald Okay but isn t that key If you re saying it s not meeting today s standards but yet it was set up to meet standards in 1987 does it meet those standards Kate Aanenson It was built over 20 years ago I don t even think it s functioning today it was built It was hand built I m not sure it was engineered properly It was dug by a not designed by an engineering standard so I m saying the staff s opinion that it didn t meet standards as it was designed Councilman Litsey When you make an amendment like we re doing can you then add additional requirements Kate Aanenson Right and that s what we re saying is that s what I m saying That s the appropriate time if they re asking for additional what do we believe is appropriate at this time We have two different ownerships How do we insure We have no control over if pond this additional pond up here was to get changed that s somebody else s property We have no control This person has no control how that pond s being managed It s on somebody else s property so the it s on Mr Dungey s property so he has no obligation if it gets plugged or something like that how do we manage some of that so Councilman Litsey So we have to manage everything on Parcel A Kate Aanenson That was our opinion correct They should manage some of that on their parcel Right Councilman Litsey Okay Craig Mertz Mr Mayor may our engineer make a brief comment to the council Mayor Furlong Ah certainly John McCain Good evening My name is John McCain I m a civil engineer representing Nick s Storage I d like to try to clarify some of the drainage issues on these two parcels that have been discussed When we first met with city staff we discussed the fact that the CUP does in fact as has been discussed here tonight run with the land and is still applicable on Parcel B as well as Parcel A Staff acknowledged that but was unsure about the enforcement question that has been brought up tonight Staff asked that we look into what ponding for stormwater 19 354 City Council Meeting July 14 2008 treatment could be accomplished on Parcel A while they were looking into the possibility of creating the ponding that was called for in the original CUP on Parcel B So we prepared a ponding plan It is possible but it is by no means ideal but we attempted as city requested to provide a concept of what could be done on Parcel A That concept unfortunately got a life of it s own and has become a proposal that it was not intended to be The east half of Parcel A drains to the north and to the east and runoff from that half of Parcel A will be collected in the ponds that were shown Runoff from the west half of Parcel A runs more north northwest and due to the layout of the site and the topography it is not even feasible to collect and route runoff from that half of the property over to the two ponds that were shown The pond over in the west comer is going to go into an area that s currently grassed landscaped and it s going to take out that area both for usability for Nick s Storage as well as just maneuvering of vehicles around that end of the storage building That pond needs to be connected by a pipe to the pond that s shown on the north comer The pond on the north comer is constructed with essentially a dike built on that hillside and while it s possible to do it it s not an ideal ponding situation There s a lot of dirt that needs to be put into that area The existing ground needs to be disrupted and we pick up a little bit of additional storage capacity Not really worth the effort And runoff from this entire so as regards whether or not the drainage proposal with these ponds complies with current standards It does partially for the east half of the property But the west half is still going to run off site down to the ponding area that was originally designated in the CUP So we have a split We are not aware of what the city has done regarding pursuing the ability of the city to enforce the drainage portion of the CUP on Parcel B We have since however started working with Mr Dungey and believe that we can create the storage that was originally contemplated on Parcel B where it can fully comply with current NURP standards and meets the original intent of the CUP and doesn t shoe horn these little ponds onto Parcel A Mayor Furlong How long would that take to because wasn t that proposal is to wait on the stormwater management portion of this Craig Mertz Yes Mayor Furlong How long would that take to work with Mr Dungey and come up with an agreement that would bring the entire Parcel A and B up to current NURP standards John McCain The storm water analysis can be done in a week An agreement with Mr Dungey is out of my realm But my whole point is that it s a much better solution from the city s perspective in terms of providing for rate control and storm water treatment to create the ponding area on Parcel Bthat was originally envisioned Because what s proposed with the two small ponds on Parcel A only gets you halfway there Kate Aanenson Mayor if I may This is the first time Mr Dungey has been in Mr Mertz just met him We ve asked for this and so I guess we would say that if they want to work through that then we would need to table that because we would want to make change the conditions of approval if you want to consider that as an alternative because there needs to be again some tie that where we have two separate owners How you maintain That there s an easement or some sort of control 20 355 City Council Meeting July 14 2008 Mayor Furlong But but I think the request here is to separate the two Would that be your recommendation as well that we separate them Kate Aanenson No they can tie them together We ve told that to the applicant before but they ve never spoken to him Obviously this is the first time they ve even met so we said that s a possibility They ve never pursued it Here we are at the 12th hour Roger Knutson Mayor I don t think you can separate them into approving part of the Conditional Use Permit tonight potentially and part of the Conditional Use Permit under different conditions on another night If you want to pursue this then I suggest the whole matter be tabled Kate Aanenson Yeah I m sorry I didn t understand that but yeah definitely table Give them time Mayor Furlong And that was my question Kate Aanenson Yeah to give them time to come back to see ifit works Roger Knutson And we can t sit here tonight and design a storm water pond Mayor Furlong Understand Understand Kate Aanenson Right So we need some time to go through that and make sure that Mr Dungey s on board to do that and it can meet standards and how that whole works and who maintains it and Mayor Furlong Okay Alright Craig Mertz Thank you Mayor Furlong Anything else from the applicant on Kate Aanenson Can we just clarify where we are on time and if they want to give us an extension Mayor Furlong Yeah why don t you check into that Ijust want to make sure from the applicant that there s nothing else they wanted to address Kate Aanepson Okay Craig Mertz Would council at least consider doing the signage issue tonight That s not affected by the drainage Kate Aanenson No I think we should do it all at once 21 356 City Council Meeting July 14 2008 Todd Gerhardt It wouldn t be staff s recommendation It s up to the mayor and council if you want to do that but it would be our recommendation not to Mayor Furlong Was there anything else then this evening Kate Aanenson Mayor if I can just get clarification from Craig Mertz Mr Dungey wants to explain how the pylon sign got there Mayor Furlong If you could Mr Dungey slide to the podium for the microphone You re kind of inbetween two microphones Gary Dungey There Mayor Furlong Yep You don t have to just talk natural Thank you Gary Dungey Okay I put that sign in 20 years ago and we had the sign inspected I have no record to this It s 20 years ago I do know that when I poured the footing for that sign I had to have a footing inspection For the size of the footing The steel in the footing and the size of the bolts to hold the sign And I had that That s all I have So as far as paperwork I have no paperwork from 20 years ago for that sign But the sign at that point in time was put up legally I mean you know I wouldn t have painted a sign up there and certainly got by with it for 20 years so I just wanted you to know that Mayor Furlong Okay Gary Dungey That it was inspected and obviously there had to be a permit for it if we had an inspection for it so But I have no paperwork Mayor Furlong Okay Alright Any questions for the applicant I guess whether it s a question for the applicant or staff just for clarification I was reading through the Interim Use Permit that allowed the outside storage for the rental trucks Specifically spoke to number of vehicles It was so many trailers So many trucks What s being asked here are basically 60 spaces and I guess just for clarification Maybe this is a question to the applicant Is the request to have space for 60 vehicles Craig Mertz We want 60 spaces that could be occupied by trailers or by trucks or by boats Just 60 spaces without designating what exactly would be parked on those spaces Mayor Furlong But it wouldn t be your intention I noticed motorcycles was one of the items in here to put 2 or 3 motorcycles in a single space I mean you re looking for space for 60 vehicles Craig Mertz R V s boats and trailers Wendy Langley R V s boats trailers yeah 22 357 City Council Meeting July 14 2008 Mayor Furlong And maybe it s a nit but it s just sometimes there s that each space provides space for a single vehicle That s what I hear you asking That s kind of the way I first read it but as I was reading through here there was a change in the terminology so I just wanted to clarify Kate Aanenson We can clarify that Mayor Furlong Yeah Okay Then I guess the question is if there is a request by the applicant do we have a written request or Kate Aanenson We re getting one drafted Roger Knutson If I write any faster you won t be able to read it Mayor Furlong No I can keep talking abut I don t know if anybody wants to listen Councilwoman Ernst Can I ask just Mayor Furlong Sure Councilwoman Ernst When the applicant referred to wanting grass in the area rather than gravel I m wondering why that would be a problem Kate Aanenson It s not Councilwoman Ernst Oh Okay Kate Aanenson That was approved by the Planning Commission Councilwoman Ernst Because I thought it would really actually contribute to the improvement of the drainage Kate Aanenson Yep we recommended that Mayor Furlong Any other questions while the city attorney is writing frantically Todd Gerhardt We ll get some boiler plate language and just put them in that pile Roger Kate Aanenson Just for clarification we re just asking for a waiver until September 1st The construction there s still cost considerations and association so we just want to make sure we have enough time in there Mayor Furlong And there would be between now and September 1 st there d be 3 additional council meetings 23 358 City Council Meeting July 14 2008 Kate Aanenson Yeah And we ll get it on as soon as we can just so they can execute Mayor Furlong Right Okay Does your request still stand Craig Mertz We are asking that in spite of the staff recommendation we re asking that you bifurcate this and give them sign permits and outside storage permits and table the ponding Mayor Furlong I guess I d be open to council Staff has recommended against that I d be open to council s thoughts there on whether we break that apart My inclination would be not To keep it as a single item but Councilman McDonald No I m making these great arguments about the fact that I think we ought to be enforcing the CUP across the entire thing so I think we ought to stay with it s part of all that We ought to discuss it when we come back Mayor Furlong Consider all the items together Councilman McDonald Consider all the items together Mayor Furlong Okay Other thoughts or comments Councilman Litsey I agree I agree Mayor Furlong Alright I guess it is you know either we move forward with everything or nothing so Given that Craig Mertz You re in the drivers seat here so Mayor Furlong Okay Kate Aanenson Before we make a motion then you have to sign the waiver Otherwise they re going to make a motion Mayor Furlong Otherwise we ll proceed this evening with what we have in front of us Kate Aanenson Yeah Roger Knutson Then the motion would be to accept the applicant s request for an extension of time and to table the matter until Kate Aanenson September 1 st yeah Mayor Furlong Okay thank you Would somebody like to make that motion Councilwoman Ernst Ijust have one question So when we re doing this we re going to approve all those so it d be the outside storage 24 359 City Council Meeting July 14 2008 Mayor Furlong Excuse me The request now would be to table the entire matter to come back at a future meeting Councilwoman Ernst Right but I mean when we approve it or not approve it it would be either rejected or approved as a whole package It wouldn t be broken none ofthose things would be broken out separately Mayor Furlong Not necessarily Roger Knutson No you could when it comes back to you after it s tabled That s what happens You could for example decide to approve the sign variance and not the amendment to the CUP or vice versa You can deal with them individually when they come back Councilwoman Ernst Okay thank you Mayor Furlong The request was to separate them tonight Act on some tonight Defer others and it was the sense of all of us to no Let s just keep all of them on the table unless we have the whole picture Councilwoman Ernst Yep Mayor Furlong So the city attorney presented a proposed motion Would somebody like to move that motion Councilwoman Tjornhom Mayor I move that we accept the applicant s request for additional time and table the motion Mayor Furlong Okay Roger Knutson Table the matter There s no motion Councilwoman Tjornhom Table the matter sorry Mayor Furlong Table the matter to a future meeting Councilwoman Ernst Second Councilman McDonald I ll second Mayor Furlong Made and seconded Any other discussion on that Councilman Litsey Do we have to put the date in there or it s not important It s in there Okay Mayor Furlong Any other discussion 25 360 City Council Meeting July 14 2008 Councilwoman Tjornhom moved Councilwoman Ernst seconded that the City Council table the request for Amendment to Conditional Use Permit No 87 2 and variance requests for Nick s Storage and Parking All voted in favor and the motion carried unanimously with a vote of 5 to O Mayor Furlong That motion prevails 5 0 Thank you Thank you and let s see if we can get something worked out and look forward to seeing you in a few weeks Appreciate your efforts COUNCIL PRESENTATIONS Councilwoman Ernst I would just like to say another wonderful Fourth of July event Everything that I saw it was so crowded I could hardly move so that was a good sign So good job to everyone Todd and your team It was a great event I had a good time and I think everyone else did too that was there Todd Gerhardt Yeah I think attendance was up at least 20 plus percent over last year I don t know if it was gas prices and people were staying a little closer to home but we really appreciated it I think everybody did have a good time I think we put on a great event you know thanks to all the outside agencies The Rotary for organizing so many different things on the 3rd and the 4th Especially the parade which was a huge attendance there also You always know when you have a good event is when accidents and incidents are down and we just had a couple of minor incidents on both days so that s always a positive You know when nobody gets hurt things are good so Kudos to Todd Hoffman his staff and all the volunteers and everybody at city hall that helped pull this event off It was a lot of fun Councilwoman Ernst Just curious do we know what our attendance was this year compared to other years Todd Gerhardt You know there s no way to really count it other than you know Councilwoman Ernst Yeah I kind of figured there wasn t but if you had any kind of idea Todd Gerhardt How many people are close to your shoulders you know Councilwoman Ernst I think it depends on the time of the day that you get there too I found that out Todd Gerhardt If we could measure it on kegs I could tell you Mayor Furlong But to that point there literally is something for everybody With the business expo put on by the Chamber early in the afternoon on the 3rd You see a number of people there You see a different group of people a lot more families younger children during the evening hours during the carnival rides Then you see you know and it doesn t mean that it s the total number of people there is going up or down But then you see adults enjoying themselves in the evening on the 3rd so the number of people attending might be the same during that period but 26 361 PC DATE 6 17 08 TI CC DATE 7 14 08 CITY OF CHANHASSEN REVIEW DEADLINE Waived CASE 08 10 BY AA AF JM TJ JS PROPOSED MOTIONS A The Planning CofIlfllission recommef1ds appro al of City Council approves an amendment to Conditional Use Pennit 87 2 to pennit a total of 60 additional outdoor storage spaces to be located in Phase III of the site subject to conditions 1 through nIl on pages 12 and 13 in the staff report and adoption ofthe attached Findings of Fact and Recommendation B The Plat1t1ffig Commission recommends approval of City Council approves planning Case 08 10 for a sign variance to allow one monument sign along Highway 212 frontage in addition to the pennitted monument along Stoughton Avenue with conditions 1 through 4 on page 13 in the staff report and adoption ofthe attached Findings of Fact and Recommendation SUMMARY OF REQUEST The applicant is requesting an amendment to Conditional Use Permit No 87 2 to expand the outdoor parking area to allow 60 outdoor storage stalls current approval allows up to 24 rental vehicles and a Sign Variance Request LOCATION 1900 Stoughton Avenue APPLICANT Mr Jacques Gibbs 6921 Beach Road Eden Prairie MN 55344 612 386 3140 gibbs@nmfn com Mr Craig Mertz Craig M Mertz Law Office P s C 600 Market Street Suite 240 P O Box 623 Chanhassen MN 55317 PRESENT ZONING Fringe Business BF District 2020 LAND USE PLAN Office Industrial ACREAGE 6 82 of 16 29 acres DENSITY N A 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 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 variance The City has a relatively high level of discretion with a variance because of the burden of proof is on the applicant to show that they meet the standards in the ordinance 362 Nick s Storage Parking June 17 2008 Page 2 of 14 PROPOSAL SUMMARY The subject site Parcel A is located at the intersection of Highway 212 and Stoughton A venue near the Chaska border and is zoned Fringe Business BF District The BF district allows cold storage as a Conditional Use Permit CUP 87 2 screened outdoor storage as an Interim Use Permit IUP 92 1 and one 24 square foot 5 foot high monument sign J if ADJACENT ZONING The property to the northwest Parcel B is vacant and is also governed by Conditional Use Permit 87 2 this issue is discussed in detail in the BACKGROUND section of the report The property to the northeast across Highway 212 is zoned Agricultural Estate A2 District The property to the east is a single family home and zoned Fringe Business BF District The property to the south is a single family home and is zoned Agricultural Estate District A2 WATER AND SEWER Water and sewer service is not available to the site until Municipal and Urban Service Area MUS A phasing scheduled for the year 2015 The applicant will need to provide stormwater improvements for the subject site The stormwater improvements must comply with Natural Urban Runoff Protection NURP standards 363 Nick s Storage Parking June 17 2008 Page 3 of14 APPLICABLE REGUATIONS Chapter 20 Article II Division 3 Variance Chapter 20 Article IV Conditional Use Chapter 20 Article XX Fringe Business District Chapter 20 Article XXVI Division 1 Sign Variance BACKGROUND On May 4 1987 the Chanhassen City Council approved Conditional Use Permit CUP 87 2 which was comprised of 16 29 acres area outlined in red in the photo below the subject site Parcel A 6 82 acres and the abutting parcel to the north and west Parcel B 9 47 acres The CUP was approved for eight storage buildings to be constructed in three phases a storm water pond on the northernmost comer of Parcel B and one monument sign along Stoughton A venue The storage buildings in Phases I and II were constructed soon after approval of the CUP and occupied approximately 20 of the total 16 29 acres while Phase III remained vacant A condition of CUP 87 2 prohibited outdoor storage on the site On February 10 1992 the Chanhassen City Council approved an amendment to CUP 87 2 to allow the rental of trucks and trailers with the following conditions 364 Nick s Storage Parking June 17 2008 Page 4 of 14 1 The applicant shall provide a landscaped screen with evergreens along the fence line at the southwest comer of the site This condition has been met 2 The storage of the trucks and trailers shall be confined to the area shown on the site plan and the area shall have a gravel surface This condition refers to the area along the fence line in the area labeled Phase III located in the northwest corner of Parcel A approximately 3 of the 16 29 acres The site is in violation of this condition There are vehicles being stored throughout the Phase III area as well as along the eastern portion of the property Also the current owners have discontinued the rental service and are storing miscellaneous vehicles such as boats recreational vehicles motorcycles personal trailers cars etc 3 The applicant shall provide a landscaping plan acceptable to the Planning Commission and a letter of credit shall be submitted to cover the cost of material installation and one year warranty This condition has been met 4 There shall be no more than 20 trucks and 4 trailers and no trucks can exceed 26 feet in length The current number of vehicles stored on site far exceeds the number specified in this condition Also the applicant is requesting an amendment to this condition to allow 60 parking stalls The City Council also approved the first reading of an amendment to the Fringe Business District to allow screened outdoor storage as an Interim Use in the BF district The City Council tabled action on the Interim Use Permit IUP to allow outdoor storage until the second reading ofthe ordinance amendment On February 24 1992 the City Council approved the second reading ofthe zoning ordinance amendment to allow screened outdoor storage as an Interim Use Permit in the Fringe Business BF District The City Council also approved Interim Use Permit 92 1 to allow screened outdoor storage for the mini storage facility located at 1900 Stoughton Avenue Administrative Subdivision Minnesota State Statue 272 162 exempts commercial parcels that result in an area of five acres or larger from the subdivision process As such the l6 29 acre parcel was administratively subdivided into two parcels Parcel A 6 82 acres and Parcel B 9 47 acres and was recorded at the Carver County offices on June 22 2004 This lot split did not require a public hearing nor did City subdivision regulations apply 365 Nick s Storage Parking June 17 2008 Page 5 of 14 When the 16 29 acre parcel was split creating Parcel A and Parcel B the legal description for Conditional Use Permit 87 2 was not amended to exclude either parcel Therefore the conditions of approval for CUP 87 2 and IUP 92 1 are still applicable to both Parcels A and B Parcel A contains the approved storage buildings and outdoor storage area Phase III and Parcel B contains the approved green space and ponding area Parcel A was sold to the applicant in 2004 As a result Parcels A and B are now under separate ownership This creates a conflict with regard to enforcing the conditions of approval or revoking the conditional use permit in its entirety The required pond located on Parcel B was never installed nor is there a drainage and utility easement allowing Parcel A access to that area or the authority to install the pond Parcel A does not have the capacity to install an adequate NURP pond on site The applicant is requesting relief from staffs interpretation that a NURP pond must be installed due to the fact that the storage facility has been operating under these existing conditions for over 20 years Parcel B is also limited with regard to the use and potential future development of the property Future improvements on the site may require an amendment to the conditional use permit The property owner was notified of the limitations via certified mail dated May 22 2008 To eliminate similar situation from occurring in the future the City will be reviewing a future ordinance amendment alerting property owners to potential revocation or require a CUP IIUP amendment to ensure compliance with the city code due to subdivision of a property with an approved CUP or IUP Signs In 2007 staff received a phone call inquiring about storage of vehicles on the site for an internet vehicle sales company This triggered the compliance inspection of the site Upon inspection on August 8 2007 staff noticed several signs were in the process of being refaced Two of the three permanent signs were completed however the new sign face was not yet installed on the pylon sign Staff instructed the installers to stop installation of the pylon sign face as they had not received a permit to reface any of the signs nor do they meet the sign ordinance requirements The BF district is permitted one ground low profile sign Such sign may not exceed 24 square feet of sign display area nor exceed 5 feet in height The original site plan for the mini storage showed the sign along Stoughton Avenue The current monument sign along Stoughton Avenue exceeds the ordinance requirements and is 48 square feet and 10 feet tall Additionally two other permanent signs were erected on the site over the years without sign permit approval These non permitted signs include a 60 square foot 18 foot tall pylon sign on the north side ofthe subject site and a 48 square foot 8 foot tall monument sign along Highway 212 MnDOT right of way Staffwas unable to locate sign permits for any of the signs located on the site Following that inspection staff further researched the conditional use permit for the mini storage at which time staff noted the following 366 Nick s Storage Parking June 17 2008 Page 6 of 14 1 The 16 29 acre parcel was split and is now under separate ownership and the approved pond in the north comer of Parcel B was never constructed This is a violation of the conditions of approval for the CUP 2 The outdoor storage of various vehicles on the property exceeds the approved 24 rental trucks and trailers and had expanded from Phase III to the include the east side ofthe property 3 The aforementioned non permitted signs exceed the sign ordinance both in size and number ANALYSIS Although the original 16 29 acre parcel has been split into two separate parcels the legal description for approved Conditional Use Permit 87 2 was not amended to exclude either parcel and therefore governs both Parcels A and B The applicant purchased Parcel A containing the mini storage facility in October of 2004 and has been operating it with the current violations including the lack of stormwater treatment several illegal signs and excess outdoor storage prior to the August 2007 compliance inspection Stormwater Treatment The ponding area is located the northernmost comer of Parcel B The CUP 87 2 staff report addresses the pond labeling it a detention pond The report states A detention pond sized for the pre development runoff rate should be provided to hold the water prior to discharging from the site The runoff would then be discharged to the culverts under Highway 212 May 4 1987 Condition of Approval 4 A detention basin should be included in the site drainage plan and be designed to limit the on site runoff to the predevelopment rate for a 100 year storm event The National Urban Runoff Program NURP requirements were not recommended by the Federal Government until 1988 and the City did not adopt NURP standards until 1991 when the Surface Water Management Plan SWMP was adopted The requirements for the 1987 proposed pond are not consistent the current on site water treatment requirements If the pond would have been constructed the applicant would have the right to continue to use it in its current condition dditionally Pareel f does Bot haye a drainage easement with the owner of Parcel B to access or construet the pond area to meet the eurrent requirements The owners of Parcels A and B have worked out an agreement to construct the pond according to current NURP standards The pond will be constructed in the original location approved in 1987 In addition to the lack of stormwater treatment there is evidence that the runoff from the storage facility drains directly into the Highway 212 right of way rather than to the 1987 approved ponding area on Parcel B The drainage into the Highway 212 right of way has caused erosion within that area 367 Nick s Storage Parking June 17 2008 Page 7 of 14 The applicant worked with MnDOT to remedy the erosion along Highway 212 right of way caused by the runoff from the storage facility 7 E ID CORRUG PIAS11C PIPE SURROUNDED 8Y RIPRAP AT 0l1ltST PDLE MOUNTED FLUORESCENT UT SIGN The applicant constructed a swale catch basin with an underground pipe and a rip rapped daylight outlet The purpose was to guide the drainage in a northwesterly direction along the southerly right of way of State Highway 212 The drainage then stays in the right of way until it runs under Highway 212 via the culvert and enters Assumption Creek There is no evidence of stormwater treatment prior to entering the creek requires written approval from MnDOT Discharge to the 212 right of way The applicant states that storage buildi gs haye been on the site without adequate ponding for oyer 20 years and they do flOt haye access to the 1987 appro ed ponding area looated on Parcel B nor does Parcel A have the oapacity to proyide the required pOflding The applicant is working with staff to maximize the stormwater improvements on their site to the best of their ability The proposed improyements are more effecti le than the original holding pond req1 lired as a oondition of approval in 1987 The applicant is proposiRg the addition of t o infiltration ponds one east of the storage buildings removal of illegal outdoor storage and one north of the storage buildings with a release directed toward the approyed ponding area on Paroel B The applicant is proposing to add a detention pond in the northernmost corner of the Parcel B This is the natural low lying area approved for the detention basin for the parcels regulated under CUP 87 2 Upon review of the HydroC D plans and stormwater calculations for the t lO proposed Infiltration Ponds submitted by McCain and Associates dated May 28 2008 August 8 2008 staff concludes the following 1 Drainage and utility easement is shown but must be revised to include a Add ten feet of width for a total of 20 feet of easement betWeen the drive entrance and the pond easement b Provide drainage and utility easement description and drawing c Drainage and utility easement must cover entire 944 contour on the east side of the pond 2 Update sheet 2 of 2 skimmer detail to show a berm elevation of 744 368 Nick s Storage Parking June 17 2008 Page 8 of 14 3 Plans and report must be signed by a registered engineer registered in the state of Minnesota 4 Security of 12 000 must be provided to the City for the construction of the pond and maintenance of erosion control along with the signed CUP agreement 5 The pond must be completed no later than November 15 2008 6 A detailed erosion control plan will be needed At a minimum this plan shall include a Erosion control blanket category 3 on all slopes 3 1 or steeper This includes the ponds b Perimeter silt fence needs to be shown This shall be heayy duty down gradient ofthe t o pond f attKes and any remoyals associated ith the storm sewer placement c A re vegetation plan for all disturbed areas Deep rooted woody vegetation should be used along the north side of the north pond is encouraged north of the outdoor storage area d An inspection of erosion control must be conducted prior to construction commencement 1 Based on the calculations for the combined ponds the capacity will be exceeded for the north pond during the 100 year e leflt An emergency overflo ffil lst be shoy vn for both ponds This emergency overflow shall require permanent stabilizatioa 2 Staff is eoneemed Vith concentrating the flo l from the pond o ltlet to Parcel B d alternati e outlet must be utilized to minimize disruption to Parcel B 3 Based upon eKisting soil coaditions and pond design infiltration is likely to oeeffi This sho ld be aeeounted f or in the model 4 The area adjaeeflt to the northern limits of the proposed outdoor storage area should have some type of filter strip and ooergy dissipation best management praetiee While the proposed infiltration ponds do not meet all of the NURP standards based upon the site constraims vith the exception of the aboye comments the applicaat has taken adequate meaSUi es to address storm water treatment and rate control Staff is concerned about the maintenance of these ponds therefore a drainage and utility easement OYler the poads is being requested The submitted storm water calculation s shall be fEwised as necessary prior to installation of the Infiltration Ponds The proposed storage spaees are ineluded ia the drainage calculations for the proposed ponds The C lrrent parkiag stalls on the east side of the property Iill be removed and replaced with the above mentioned infiltration ponds The total impervious coverage for Parcels A and B is 3 79 acres or 23 of both parcels under CUP 87 2 and IUP 92 1 369 Nick s Storage Parking June 17 2008 Page 9 of 14 Outdoor Storage I Documentation on file at City Hall for the mini storage facility shows the condition of approval prohibiting outdoor storage has been an ongoing violation The earliest documentation is from September 1991 Following the 1992 amendment to allow storage of rental trucks and trailers there is documentation from 1997 1999 and 2007 which also reflects the storage of boats RV s and other miscellaneous vehicles none of which are permitted via CUP 87 2 The condition of approval for the 1992 CUP amendment limited the storage to the west fence line in Phase III and required a gravel surface i e there shall be no more than 20 trucks and 4 trailers and no trucks can exceed 26 feet in length Upon purchasing the mini storage in 2004 the applicant discontinued the truck rental use and continued the outdoor storage of various vehicles Upon the 2007 city inspection the applicant was informed that the outdoor storage on the site was limited to the rental trucks and trailers and along the west fence line of Phase III of the site The applicant would like to expand the outdoor storage to allow a total of 60 parking spaces for miscellaneous vehicle storage i e boats RV s cars motorcycles etc in Phase III There will not be any grading required as part of the requested amendment to the CUP as the area labeled Phase III was the approved location ofthe rental truck and trailers in 1991 With the addition of the outdoor storage spaces the landscaping must also be increased to screen the outdoor storage City Code requires all outdoor storage to be 100 percent screened from public view As shown on the right the storage area is visible when traveling along Highway 212 To remedy this the applicant is proposing to add landscaping along the north side of the existing fence line to supply adequate screening This will decrease the visual impact on the neighboring properties The mini storage hours of operation are Monday through Friday 9am to 6pm Saturday lOam to 3pm and closed on Sunday The applicant has upgraded the site by installing a video security system that runs 24 hours a day 7 days a week and an automated entrance gate that operates from 6 30 am to 8 pm daily The addition of the security cameras and self closing gate is beneficial to the safety of the site and will decrease possible vandalism and limit any danger to the public health safety comfort and general welfare of the neighborhood Staff is recommending approval of the amendment to expand the outdoor storage in Phase III to allow a total of 60 parking stalls with conditions 370 Nick s Storage Parking June 17 2008 Page 10 of14 Signs The site was purchased by the by the applicant in 2004 and the name of the mini storage changed to Nick s Storage Parking All of the signs are currently nonconforming or illegal and were refaced without permit approval and do not comply with the City s sign ordinance A sign variance may be granted where it is shown that by reason of topography or other conditions strict compliance with the requirements of this ordinance would cause a hardship The BF district permits one ground low profile sign not to exceed 24 square feet of sign display area and shall not exceed 5 feet in height The original site plan for the mini storage showed the sign along Stoughton Avenue However over the course of the 20 years since the approval of the mini storage in 1987 two additional signs a monument and a pylon sign have been erected on the north side of the site visible along Highway 212 Sign 1 The applicant is requesting a variance to allow the existing non conforming 64 square foot 10 foot tall monument sign along Stoughton Avenue The monument sign was ref aced in 2007 without a permit and the size and sign face do not meet the requirements ofthe sign ordinance City Code requires dimensional lettering a minimum Y2 inch deep and limits the logo area to 15 of the sign display area Staff is proposing to amend the sign ordinance to allow flat lettering on monument signs and limiting the logo area to 20 of the sign display area Staff is recommending denial of the sign variance to allow Sign 1 The applicant must replace Sign 1 with a sign that complies with the Sign Ordinance requirements and must receive sign permit approval Sign 2 There is a 48 square foot 8 foot tall monument sign along Highway 212 This sign was not approved with the original site plan for the CUP Staff is not sure when this sign was erected Staff understands that there was a pre existing illegal sign installed by the prior owners some time ago and it appears to be located within the State right of way The current owners replaced the sign in 2007 and have agreed to remove it however staff would support a sign variance to allow one monument sign along the Highway 212 frontage provided it complies with the 371 Nick s Storage Parking June 17 2008 Page 11 of14 Sign Ordinance requirements and must receive sign permit approval Sign 3 There is also a 60 square foot 18 foot tall illuminated pylon sign facing Highway 212 The applicant is requesting a variance to allow the pylon sign The pylon sign currently sits empty as the installers were instructed to stop installing the sign since they did not have permit approval to ref ace the sign Additionally this sign was never permitted as part of the Conditional Use Permit The BF district does not permit pylon signs therefore the pylon sign is a continuing violation of city code Staff is recommending denial of the sign variance to allow Sign 3 pylon sign Sign 4 A 24 square foot double sided temporary off premise directional sign was also added at the comer of Highway 212 and Stoughton Avenue This sign does not meet the requirements ofthe City s Sign Ordinance for directional signage On premise directional signs do not require permit approval however there are limitations to the size and height of a directional sign Section 20 1255 2 allows up to 4 directional signs per lot A directional sign shall not exceed 4 square feet and or 5 feet in height Off premise directional signs require City Council approval and shall only be permitted where access is confusing and traffic safety could be jeopardized or inappropriately routed through residential streets The applicant has agreed to remove this sign All of the signs currently located on the site are a continuing violation of City Code Staffis recommending approval of a sign variance to allow one 24 square foot 5 foot tall monument sign along Highway 212 frontage with conditions Landscapin2 The applicant shall provide screening for the northwest comer of Parcel A A total of 15 Black Hills Spruce shall be planted at existing spacing to fully screen the outdoor storage area 372 Nick s Storage Parking June 17 2008 Page 12 of 14 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions and adoption of the attached findings of fact and action A The PlamHng Commission recommeoos appfO al of City Council approves an amendment to Conditional Use Permit 87 2 to permit a total of 60 additional outdoor storage spaces to be located in Phase III of the site with the following conditions I The 60 parking stalls for various vehicle storage shall be confined to the area labeled Phase III in the staff report and the area shall have a gravel or grass surface 2 The applicant shall provide 15 Black Hills Spruce along the fence line to provide 100 percent screening of the outdoor storage area a The applicant shall submit a letter of credit to cover the cost of material installation and one year warranty 3 Drainage and utility easement is shown but must be revised to include a Add ten feet of width for a total of 20 feet of easement between the drive entrance and the pond easement b Provide drainage and utility easement description and drawing c Drainage and utility easement must cover entire 944 contour on the east side of the pond 4 Update sheet 2 of 2 skimmer detail to show a berm elevation of 744 5 Plans and report must be signed by a registered engineer registered in the state of Minnesota 6 Security of 12 000 must be provided to the city for the construction of the pond and maintenance of erosion control along with the signed CUP agreement 7 The pond must be completed no later than November 15 2008 8 A detailed erosion control plan will be needed At a minimum this plan shall include a Erosion control blanket category 3 on all slopes 3 1 or steeper This includes the ponds b Perimeter silt fence needs to be shown This shaH be heayy duty do tn gradient of the two pond features and any removals assoeiated T ita the storm sewer placement 373 Nick s Storage Parking June 17 2008 Page 13 of 14 c A re vegetation plan for all disturbed areas Deep rooted woody vegetation sl loltld be used alo1 1g the 1 10rth side of the north pond is encouraged north of the outdoor storage area d An inspection of erosion control must be conducted prior to construction commencement 9 Any additional development to Parcel A or Parcel B shall require additional stormwater ponding This would include Phase III of Parcel A 10 The 60 outdoor storage units shall not increase the hard surface coverage on the site 11 The outdoor storage shall be removed from the site upon completion of Phase III of the mini storage facility 1 The area adjaeeat to the northern liIpits ofthe proposed outdoor storage area should have some type of filter strip and energy dissipatio1 1 best management practice Tl le applieant shall work with staff to maximize the stormwater treatment 01 1 Pareel f a Based on the calculations for the eombined pond the capacity lill be exceeded for the north pond duri1 1g the 100 year 6 fent n emergen ey oyerflow must be shown for both ponds This emergefley overflo o shall require permanent stabilization b n alternative outlet must be utilized to minimize disruption to Parcel B 2 Tl le submitted stormwater ealoolations shall be revised as neeessary prior to installation ofthe Infiltration Ponds 3 Storm pipe material shall be HDPE or RCP 4 Based upon existing soil eonditions and pond design infiltration is likely to occur This should be aeeounted for in the model 5 The applicant shall provide seeurity to ensure the infiltration pORds are installed 6 f ny diseharge to the High xay 212 right of way requires vnttefl approval from MnDOT 7 f drainage and utility easement shall be placed oyer the infiltration ponds up to the high vater 16 fel B The Pla nfling Commission reeommends appnwal of City Council approves Plannmg Case 08 10 for a sign variance to allow a monument sign along Highway 212 frontage in addition to the permitted monument sign along Stoughton Avenue with the following conditions 374 Nick s Storage Parking June 17 2008 Page 14 of 14 1 The monument sign along Highway 212 shall comply with the sign ordinance requirements of the Chanhassen City Code 2 The sign along Stoughton Avenue shall comply with the sign ordinance requirements of the Chanhassen City Code 3 The pylon sign along Highway 212 must be removed 4 A sign permit must be approved prior to replacing the monument signs along Stoughton Avenue and Highway 212 ATTACHMENTS 1 Findings of Fact 2 Development Review Application 3 Storm water ppeal Letter dated Jl Hle 3 2008 4 Discussion of Proposed Stormwater Controls 5 S rvey of Entire Site 6 Survey of Existing Conditions 7 Survey of Proposed Conditions dated 8 8 08 by McCain and Associates 8 Original Conditions of Approval for CUP 87 2 and IUP 92 1 9 Public Hearing Notice and Affidavit of Mailing g plan 2008 planning cases 08 1O nick s storage parking staff report doc 375 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE Application of Jacques Gibbs for an amendment to Conditional Use Permit 87 2 to allow a total of 60 outdoor parking stalls and an after the fact sign variance request for Nick s Storage and Parking in the Fringe Business BF District On June 17 2008 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Jacques Gibbs for an amendment to conditional use permit 87 2 and an after the fact sign variance for property located at 1900 Stoughton Avenue The Planning Commission conducted a public hearing on the proposed Conditional Use Permit amendment and after the fact sign variance planning case 08 10 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 1 The property is currently zoned Fringe Business BF District 2 The property is guided by the Land Use Plan for Office Industrial 3 The legal description of the property is shown in the attached Exhibit A 4 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 a Will not be detrimental to or enhance the public health safety comfort convenience or general welfare of the neighborhood or the city Finding The original Conditional Use Permit was approved in 1987 and is therefore a temporary use until MUSA phasing scheduled for 2015 When sewer and water become available to the site the parcels may be rezoned to Office Industrial and accommodate a more intense use Approval of the amendment to Conditional Use Permit 87 2 to allow a total of 60 parking stalls will not be detrimental to the public health safety comfort convenience or general welfare of the neighborhood or the city The outdoor storage area labeled Phase III was approved in 1992 however it was specific to the number and type of vehicles stored on the site The applicant has installed security cameras and an automated entrance gate which is only operable during scheduled business hours The applicant will provide additional landscaping along the fence line to provided 100 percent screening to traffic along Highway 212 1 376 b Will be consistent with the objectives of the city s comprehensive plan and this chapter Finding The site received a conditional use permit in 1987 for the existing mini storage facility Sewer and water is not available to the site until Municipal Urban Service Area MUS A phasing scheduled for 2015 Based on the conditions of approval for the amendment to the CUP the request is consistent with the city s comprehensive plan The Conditional Use Permit allows reasonable use of the property until sewer and water become available at which time the site may be rezoned to Office Industrial and accommodate a more intense use 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 Finding The mini storage buildings are currently constructed on the site Outdoor storage was approved in 1992 for 24 rental trucks and trailers The 60 stalls for various vehicles may change the trip frequency of the mini storage however the mini storage facility is open Monday through Friday from 9 a m to 6 p m Saturday from 10 a m to 3 p m and closed on Sunday The applicant has upgraded the site by installing a video security system that runs 24 hours a day 7 days a week and an automated entrance gate that operates from 6 30 a m to 8 p m daily The character of the area will not change with the addition of the outdoor storage stalls d Will not be hazardous or disturbing to existing or planned neighboring uses Finding The existing mini storage facility has been in business since 1987 The 60 parking stalls may increase some of the traffic to the site however the mini storage has specific hours The gate automatically closes and is locked between the hours of 8 p m and 6 30 a m e 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 site does not have sewer and water services available to the site until MUSA phasing scheduled in the year 2015 The detention pond will provide adequate drainage and stormwater treatment prior to entering Assumption Creek The site is currently served by Stoughton A venue which is maintained by the City of Chaska The applicants have installed security cameras and a self closing gate on the property for off hours to ensure safety on the site 2 377 f Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community Finding The site will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community The mini storage has been in operation since 1987 and all outdoor storage shall be 100 percent screened from public view g Will not involve uses activities processes materials equipment and conditions of operation that will be detrimental to any persons property or the general welfare because of excessive production of traffic noise smoke fumes glare odors rodents or trash Finding The use will not be detrimental to any persons property or the general welfare The 60 storage spaces may increase the traffic to the site however the intention of the site is for the storage of recreational vehicles The hours of operation are limited to Monday through Friday 9 a m to 6 p m Saturday 10 a m to 3 p m and closed on Sunday The applicant has upgraded the site by installing a video security system that runs 24 hours a day 7 days a week and an automated entrance gate that operates from 6 30 a m to 8 p m daily h Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares Finding The site currently has access off of Stoughton A venue there have not been any issues with traffic congestion from the site 1 Will not result in the destruction loss or damage of solar access natural scenic or historic features of major significance Finding Based on the conditions of approval for the mini storage and outdoor storage the proposed use will not result in the destruction loss or damage of solar access natural or scenic or historic feature of major significance The applicant is proposing to install a detention pond according to NURP standards to treat the stormwater prior to entering Assumption Creek J Will be aesthetically compatible with the area Finding The mini storage is an existing facility and will not change the aesthetic appearance of the area In addition to the proposed 60 parking stalls as a condition of approval the applicant will install landscaping to screen the outdoor storage from public view along Highway 212 k Will not depreciate surrounding property values Finding The proposed 60 parking stalls will not depreciate surrounding property values as the storage facility has been in operation for over 20 years The 3 378 applicant will also ensure that the outdoor storage is 100 percent screened along Highway 212 1 Will meet standards prescribed for certain uses as provided in this article Finding The mini storage buildings have been active since 1987 and meet the use criterion of the city code Based on the conditions of approval the outdoor storage will meet the 100 percent screening requirement of the city code with the addition of 15 Black Hills Spruce along the fence line Thus there will be minimal visibility from Highway 212 The proposed detention pond meets all of the NURP standards required by city code 5 The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts a That the by reason of topography or other conditions strict compliance with the requirements of this ordinance would cause a hardship Finding The mini storage facility was only permitted one sign in accordance with CUP 87 2 to be located along Stoughton Avenue The monument sign for which the variance is requested does not meet the size or height requirements for the BF district The location of Sign 1 is clearly visible along Stoughton Avenue and will be clearly visible at 24 square feet and 5 feet tall There is no topographical reason for Sign 1 to exceed the sign ordinance requirements for the BF district Sign 3 pylon sign was not permitted as part of CUP 87 2 nor is it a permitted use in the BF district Due to the topography and required landscape screening for the site a monument sign along Highway 212 is a reasonable request provided it meets the requirements of the City Code b That the variance does not adversely affect the spirit or intent of this ordinance Finding The Fringe Business BF district allows one sign per lot and the Conditional Use Permit approved one sign along Stoughton A venue The monument sign along Stoughton A venue far exceeds the requirements of the sign ordinance for the BF district The pylon sign facing Highway 212 was never permitted and it is not a permitted use in the BF district The monument and pylon sign are after the fact variance requests and are a continuing violation of the city code The intent of the sign ordinance is to allow a business reasonable opportunity to advertise their name and service The mini storage facility has street frontage on Stoughton Avenue and Highway 212 A 24 square foot 5 foot tall monument sign is permitted on Stoughton A venue and due to the topography and required landscape screening a monument along Highway 212 in addition to the monument 4 379 sign along Stoughton Avenue is reasonable provided it meets the requirements of the City Code 6 The planning report Planning Case 08 10 dated July 14 2008 prepared by Angie Auseth et al is incorporated herein RECOMMENDA TION The Planning Commission recommends that the City Council approve the amendment to the conditional use permit to allow a total of 60 outdoor storage stalls and approve a sign variance to allow a monument sign along Highway 212 in addition to the monument sign along Stoughton Avenue on property located at 1900 Stoughton Avenue based on these Findings of Fact ADOPTED by the Chanhassen Planning Commission this 17tl1 day of June 2008 CHANHASSEN PLANNING COMMISSION BY Its Chairman 5 380 Planning Case No 08 I a CITY OF CHANHASSEN 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION APR 0 3 2008 CHANHASSEN PLANNING DEPT PLEASE PRINT Applicant Name and Address Nick s Storage Parking 1900 Stoughton Avenue Chaska MN 55318 Contact Jacques Gibbs Phone 612 386 3140 Fax Email gibbs@nmfn com Owner Name and Address Progress Valley Storage of Minnesota LLC Attn Jacques Gibbs 6921 Beach Road Eden Prairie MN 55344 Contact Jacques Gibbs Phone 612 386 3140 Fax Email Gibbswealthcoach@ao1 com NOTE Consultation with City staff is required prior to submittal including review of development plans Comprehensive Plan Amendment Temporary Sales Permit x Conditional Use Permit CUP Amendment Lf l 5 Vacation of Right of Way Easements VAC Interim Use Permit IUP Mdeor tora ge x Variance VAR Signs and Hardcover dOC Non conforming Use Permit Wetland Alteration Permit WAP Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment x Sign Permits x Notification Sign City to install and remove Sign Plan Review Escr or Filing Fee ney Cost I DC 50 CU SPR V AC AP Metes Bounds 450 Minor SUB TOTAL FEE q 88 pd tt 1360 k 7333 C e n tt Sl An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing k loe Js tt s j l o 3l J e x Site Plan Review SPR Subdivision Sixteen 16 full size folded copies of the plans must be submitted including an 8 X 11 reduced copy for each plan sheet along with a digital copy in TIFF Group 4 tif format Escrow will be required for other applications through the development contract Building material samples must be submitted with site plan reviews NOTE When multiple applications are processed the appropriate fee shall be charged for each application SCANNED 381 Progress Valley Storage of Minnesota LLC d b a PROJECT NAME Nick s Storage Parking LOCATION 1805 and 1900 Stoughton Avenue LEGAL DESCRIPTION See Exhibits A and B attached TOTAL ACREAGE 6 82 acres and 50 acres WETLANDS PRESENT YES x NO PRESENT ZONING BF REQUESTED ZONING BF PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR REQUEST Applicant requests that CUP No 87 2 and IUP No 92 1 be am ended so as to allow 60 outdoor storage stalls grassed only not paved or graveled to be rented to the general public for storage of motor vehicles boats trailers and equipment as shown on plan attached as Exhibit C Applicant requests such variances as will allow it to continue to operate its existing including but not limited to signs hardcover and outside storage 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 to determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements 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 Progress Valley Storage of Minnesota LLC d a ick s Storage Parking r X by Signature of Applicant Its J ff I rt c V Signature of Fee Owner o oJ g Date Date G pLAN forms Development Review Application DOC Rev 12 05 382 4 EXHmIT A That part of the Southwest Quarter of the Southeast Quarter of Section 34 Township 116 Range 23 Carver County Minnesota lying southwesterly of the southwesterly right of way line of U S Trunk Highway No 212 northwesterly of the northwesterly right of way of County State Aid Highway No 10 Stoughton Avenue formerly the Chaska and Shakopee Road and easterly and southeasterly of the following described line Commencing at the southwest comer of said Southwest Quarter of the Southeast Quarter thence on an assumed bearing of North 89 degrees 11 minutes 32 seconds East along the south line of said Southwest Quarter of the Southeast Quarter a distance of 525 00 feet to the point of beginning of the line to be described thence North 26 degrees 57 minutes 49 seconds West a distance of 399 00 feet thence North 62 degrees 19 minutes 46 seconds East a distance of 485 18 feet more or less to said southwesterly right of way line ofU S Trunk Hi way 212 and there terminating EXCEPTING THEREFROM nIB FOLLOWING DESCRIBED PARCEL Commencing at the southeast comer of the Southwest Quarter of the Southeast Quarter thence North 4 06 chains to c enter of Chaska and Shakopee Road the point of beginning of tract to be conveyed herewith thence South 64 degrees 30 minutes West 170 feet to point of center of said road thence North parallel to East line of said Southwest Quarter of the Southeast Quarter to south line of Trunk Highway No 51 thence southeasterly along south line Trunk Highway No 51 to point where sqme intersects East line of said SW of SE 1 4 thence south along said east line to place of beginning 383 SUPPLEMENTAL INFORMATION NICK S STORAGE 1900 STOUGHTON AVE CHASKA CHANHASSEN MN 1 2004 Change in Ownership In the summer of 2004 Applicant Progress Valley Storage of Minnesota LLC purchased the Gary Brown parking and storage business and the land and buildings located at 1900 Stoughton A venue 2 Status of Driveway Abutting on SW lv side City Staff has noted the presence of a driveway which appears to encroach on the southwesterly edge of Applicant s property That driveway appears to serve the Dungey property with lies to the west of Applicant s property Applicant has been unable to locate any recorded document which would authorize the Dungey property to maintain a driveway on Applicant s property 3 Components Of Brown s Business Prior to the Sale Brown called his business Progress Valley Storage The business consisted of three main components 1 a U Haul type rental business 2 rental of self storage lockers within the six buildings on the site and 3 rental of outdoor storage pads for the parking of boats trailers and vehicles Brown established the storage business sometime in 1987 4 Ten years of Out Door Storage After the City s Compliance Review in 2007 see Item No 9 below Applicant reviewed the City s files on Brown s 1900 Stoughton Avenue business City files state that Brown s business included rental of out door storage pads since at least 1997 5 Components of Applicant s Business Applicant has continued to operate the business just as Brown had operated it However Applicant has terminated the U Haul component 6 Signage At the time of Applicant s purchase of the business the property was served primarily by one sign located at the entrance to the yard on Stoughton A venue and one internally illuminated double faced pylon sign visible to Highway 212 near the northeasterly comer of the property 7 No History of Complaints Applicant operated the in door and out door storage business from the summer of 2004 through the summer of 2007 without complaint from the City or anyone else for that matter 8 2007 Damage to Pylon Sign In the summer of2007 the one of the faces on the Progress Valley pylon sign was storm damaged Applicant engaged a sign company to perform repairs on the sign including the installation of replacement sign faces but using Applicant s trade name of Nick s Storage Parking 9 2007 Compliance Review The new Nick s Storage signage triggered a City Compliance Review which was conducted in August of2007 The applicant learned for the first time that city staff had compliance issues with the signage the outside storage and hard cover Applicant was surprised The pylon sign appeared to be at least 10 years old Applicant had believed that it was merely continuing Brown s business which had been in place at that location since 1987 384 10 Applicant s Goal Applicant wishes to continue to operate the in door and outdoor storage business as Brown operated the business it 11 Loss of the Benefit of the Pylon Sign At the direction of City Staff Applicant did not install the face panels on the pylon The pylon and the emptyframe remain in place 12 Loss of Business Since removal of the face panels on the pylon Applicant has experienced a significant drop off in business Since 2004 Applicant has surveyed its new customers as to how they learned of Applicant s storage business The majority of new customers have indicated that were drawn in by the illuminated pylon sign on Highway 212 13 Costs Up Revenue Down Applicant s real estate taxes have increased approximately 20 000 over 2004 levels Vacancies are up and that is largely due to the loss of the pylon sign 14 Findings to Support Variances and CUP Requests Applicant requests the grant of hard cover and sign variances and CUP IUP Amendments The storage business has been in operation at the present location since 1987 With the exception of the termination of the U Haul business Applicant has tried to continue to operate the storage business in the same manner as was done under Mr Brown s ownership The buildings and internal drives configured the same as under the Brown ownership Applicant has a upgraded exterior building maintenance levels b upgraded site security primarily by video monitoring system and c corrected a small wash out near the NE ly comer of the property Dave s Excavating did the repairs A call to that contractor indicates that the work consisted of repairing the wash out constructing a swale constructing a catch basin and an underground pipe and constructing a rip rapped daylight outlet All of which has the effect of guiding drainage in a NW ly direction along the southerly right of way of Highway 212 Applicant has not created any detriment to the public welfare or the public health or to the safety comfort convenience of the neighborhood and has not impaired light or the air of adjacent properties Applicant has not congested the public streets nor increased fire danger nor endangered public safety nor impaired neighborhood property values Applicant has not impaired service levels required for streets police protection fire protection drainage refuse disposal public water and sewer systems or schools Applicant s business is not a detriment to community economic welfare and does not involve uses which produce excessive traffic noise smoke fumes glare odors rodents or trash Applicant s business does not result in loss of solar access or loss of naturallsceniclhistoric features or loss of aesthetic compatibility with the area 15 Applicant s Business Offers Zoning Enforcement Benefit Applicant believes that its storage business serves a public purpose In residentially zoned areas of the City certain out side storage activities are not allowed Applicant is a resource to which Chanhassen residents can be directed for the storage of their vehicles boats trailers and equipment 385 16 Conclusion In summary Applicant wishes to continue to operate the same business which it purchased in 2004 and operate it in the same manner as it was operated by its prior owner for at least ten years S Netback 7636 O 1 SUPPLEMENT AL INFORMA TION doc 386 Proposed Stormwater Controls for Nick s Storage and Parking Chanhassen Minnesota Proposed stormwater controls for the Nick s Storage and Parking site include a NURP pond located in the north corner of the Dungee property and a stormwater diversion berm located along the northeast property line of Nick s Storage and Dungee properties The diversion berm will intercept runoff from Nick s Storage and Dungee properties and divert it from the MNDOT ditch to the pond The pond is designed in accordance with City of Chanhassen requirements and is shown on attached Sheets I and 2 Runoff from both Nick s Storage and Dungee properties are served by the proposed stormwater controls RydroCAD analysis was performed for pre existing conditions prior to development of the Nick s Storage site and for current development conditions to demonstrate that the peak runoff rate for current conditions with the proposed stormwater controls does not exceed the peak runoff rate for pre existing conditions PondNet analysis was performed to demonstrate the nutrient removal performance of the pond These analyses are attached The pond will be constructed by excavating soils to the pond bottom at Elevation 738 and constructing a containment berm along the MNDOT right of way to Elevation 744 with a weir outlet at Elevation 742 5 that will discharge to the MNDOT ditch Normal pool depth will be 4 5 feet A bench with a slope of lOR I V will be constructed from Elevation 741 5 to 742 5 and the weir will be equipped with a skimmer in accordance with City of Chanhassen requirements The topography of the site directs approximately 83 of the watershed to the east and west ends of the pond Those areas of the pond will therefore serve as sediment forebays and short circuiting through the pond will be minimized A easement will be placed over the pond to the high water mark Elevation 743 8 The following table provides a summary of peak discharge rates for pre existing and proposed conditions Peak DischarQe cfs Desiqn Event Pre Existing Conditions Proposed Conditions 2 vear 24 hour 1 24 0 66 10 vear 24 hour 11 31 3 46 100 vear 24 hour 32 83 26 18 387 5 a w Hi EB 388 e CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA CONDmONAL USE PERMIT 87 2 INTERIM USE PERMIT 92 1 1 Permit Subject to the terms and conditions set forth herein and with the Conditional Use Permit recorded with Carver County on June 30 1987 Document No 88330 J the City of Chanhassen hereby grants a A conditional use permit for truck and trailer rental at Progress Valley Mini Storage site b Interim Use perD lit for screened outdoor storage 2 Property The permit is for property situated in the City of Chanhassen Carver County Minnesota and legally described as follows See attached Exhibit A 3 Conditions The permit is issued subject to the following conditions a The outdoor storage shall be completely screened by a 100 opaque fence or landscaped screen b The area for screened outdoor storage shall be improved with a gravel surface c The outdoor storage will be removed from the site upon completion of phase 3 of the mini storage facility d The applicant shall provide a landscaping plan acceptable to the Planning commission and a letter of credit shall be submitted to cover the cost of material installation and one year warranty 4 Termination of Permit The City may revoke the permit following a public hearing for violation of the terms of this permit 5 Lapse If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced this permit shall lapse un1ess an extension is granted in accordance with the Chanhassen Zoning Ordinance 6 Criminal Penalty Violation of the terms of this conditional use permit is a criminal misdemeanor Dated February 24 1992 PAGE I o 3 PAGES 389 It e e CITY OF CHANHASSEN r qf By onald J eIimiel Mayor By A2 Jfl Don Ashworth City Manager STATE OF MINNESOTA 55 COUNTY OF CARVER The foregoing instrument was acknowledged before me this 30 tJ day of 19i y Donald J Chmiel Mayor and Don Ashworth City Manager of the City of Chanhassen a Minnesota municipal corporation on behalf of the corporation and pursuant to authority granted by its City Council a d Pi N ary bI c DRAFfED BY Campbell Knutson Scott A IV Fuchs P A IjJJJ Suite 317 1380 Corporate Center Curve Eagan Minnesota 55121 612 452 5000 RNK OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CAR Filing Fee 6 This is to certi y that this docJ rgent Ied in t office the day 19 D at o clock M and was duly recorded as document no 1 34 4 6 HANSON JR PAGE Or3 PASES by 390 e EXHIBIT A e All that pa t of the SE 1 4 of the SW 1 4 of Section 34 Township 116 Range 23 Carver County Minnesota described as follows Commencing at the SE corner of said SW 1 4 Section 34 116 23 running thence No th along 1 4 line to the South line of right of way of Milwaukee and St Louis Railway Co thence Southwesterly along South line of said right of way to South line of said Section 34 thence East along said Section line to place of beginning Being all that part of SE 1 4 of SW 1 4 said Section lying South of right of way of said Milwaukee and St Louis Railway Co and con taining 2 1 2 ac es AND The SW 1 4 of the SE 1 4 of Section 34 Township 116 Range 23 lying southerly of the Southeasterly right of way line of the Chicago and Northwestern Railway Company Carver C unty Minnesota EXCEPTING therefrom the following described pa cels Parcell A st ip of land over and across the SW 1 4 of SE 1 4 Section 34 116 23 being 53 feet in width on each side of center line of Trunk Highway No 51 and said center line being described as follows F om s point on East line of said Section distant 874 8 feet Northerly from the Southeast corner of said Section thence unning in a Southwesterly direction at an angle of 82054 with said Section line for a distance of 1000 5 feet to a point thence deflect to the right 9000 on cu ve with delta angle of 57007 and radius of 71 6 8 feet for a distance of 441 4 feet more or less to the East line of said SW 1 4 of SE 1 4 thence continuing on said curve for a distance of 272 6 feet to a point thence on a tangent to said curve for a distance of 272 6 feet to a point thence on a tangent to said curve for a distance of 819 6 feet to a point thence deflect to the left on a 15000 curve with delta angle of 95026 and radius of 383 1 feet for a distance of 393 feet more or less to the North and South 1 4 line of said Section and there terminating excepting therefrom that part of the right of way of Minneapolis and St Louis Railway Company which lies within said strip Parcel 2 Beginning at point 20 00 chains West from SE corner of said Section 34 running thence North 4 06 chains to center of Chaska and Shakopee Road thence South 64030 West 8 93 chains thence East 8 16 chains to place of beginning Containing 1 65 acres Par el 3 Commencing at SE corner of SW 1 4 of SE 1 4 thence North 4 06 chains to center of Chaska and Shakopee Road the point of beginning of tract to be conveyed herewith thence South 64030 West 170 feet to point of center of said road thence North and parallel to East line of said SW 1 4 of SE 1 4 to South line of Trunk Highway No 51 thence Southeasterly along South line Truck Highway No 51 to point where same intersects East line of said SW 1 4 of SE 1 4 thence South along said East line to place of beginning Containing 1 2 acre more or less Parcel 4 Commencing at the point of intersection of the East line of the SW 1 4 of the SE 1 4 of Section 34 116 23 and the Northerly right of way line of U S Trunk Highway 212 as the same presently exists and runs through said SW 1 4 of SE 1 4 of Section 34 which said point of intersection is the place of beginning of the land to be herein described thence running Northwesterly along said Northerly right of way line a distance of 292 feet to a point thereon thence turning and running East parallel to the South Section line of Said Section 34 a distance of 329 feet more or less to the said East line of the SW 1 4 of the SE 1 4 of Section 34 thence turnirig and running South along said East line a distance of 312 feet more or less to the place of beginning lying and eing in the SW 1 4 of SE 1 4 of Section 34 116 23 and con taining 1 10 acres of land more or less PAGE 3 OF 3 PAGES 391 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA ss COUNTY OF CARVER I Karen J Engelhardt being first duly sworn on oath deposes that she is and was on June 5 2008 the duly qualified and acting Deputy Clerk of the City of Chanhassen Minnesota that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Nick s Storage Parking Planning Case 08 10 to the persons named on attached Exhibit A by enclosing a copy of said notice in an envelope addressed to such owner and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer Carver County Minnesota and by other appropriate records Subscribed and sworn to before me h this 5 day of fLkI L 2008 KIM T MEUWISSEN I Notary Public Minnesota My Commission Expires Jan 31 2010 392 Ol C a G E 015 c t t as CI E J E 5 0 00 SOl o c o c C G as 0 o c ZG In t as c c as c o Ol C a G E c 010 c t ea CI E J E 5 0 00 SOl o c c o c G as 0 o c zm t as c c as c C o t en 11l o q C 1a sQ E t Z OlC Et I 5 92 w a e Ci c LL D D a E CO Gi r r e U 2 en t o r 0 J C l I Cii ffi III 0 ctl EO 5 OO ctl Do en a o r 0 t Cij en 0 e CI g Co t Co 0 C s Q 0 III I cenOctl CI i gCi 8ffiCO 8 g E 55 g g C f O ctl E ctl c CI ti t5 e en u g I 5 C e a z l C en C 0 gE ca ctio C D J o O o c J DO N o t Cll SO Ea UJa g e 5 t C en 8 5 ctllii ctl U o 8 J ffi eOa oij O C 0 C 5 0 0 J E t ctl cl ctl 0 I loa 0 G E i Q as C as III o 0 o D c c ast o Q i5 g B Q o tD I c o as o I c o t C f 112 l1l U C 1a SQ E t Z OlC 2 I 5 9 e c u oW oW a E CO Gi e 2 E15Q en t5 Qic 0 I J c C C ctlCijctl 2 g III EO 5 OO ctl ci DOECij a 0 SO e w CI OCI co C g I 0 o f g ijj I cenOctl ctl CI oCCO III ctl g ctl 8 u D o en It E c e ell g at c c en J C J O ctl E ctl C i 9 5 e en u g I 5 c e a z l c en C 0 gE ca eno C D J o O o c J DO N Q t Cll S 0 0 a UJ g e 5 t5 en 8 l ctl ctl U o 5 8 J ffi eOa oB O C 0 C 5 0 0 J E t ctl cl ctl 0 I lOa 0 G E i Q as C c o as o I iij III o 0 o D c c B t 2 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o oo ema ij S oi 0 c l ma EoE oooE m 9i g 5 00 r 00 c cu 0 J 00 m 0 0 U m E r E 005Q 0 u E c 0 3 00 0 5 0 5 m 15 0 c c Q c ml uErn l O c E i Q o E S ooU mQ u m O EID U c 5 0 ho E o S m S o 5 o E 5 B g Qi EQ Q Q uen t a l 0 Q Ul E iju 5 cu JO g 1 5 E S5 8 s i 8 Q a5 c 5 m Q Q 3 S 0 Q CJ E It E Q Q Ol 3l E u E e g u 5 g 8 g 5 Q C E Q E EEom EQ B 5 cu cl oe c u U c ciQ a8 g B 3 Q IDcugo gEcucooo c mg5 OC8g B 5a a IDQ 00 g u u g i 8 g5 r 5 5 g Q 00 E 8 B l ID U a 0 c 00 cu r Q m cu ID a Q Q 0 ID OOQ Q E 6OOID Q E r m EQ Q Q oocuU5 ml mQ C O l 1 a c c J 00 c O E 8 Qc Q 2 gg Egi Q e8 m o m rr gOCuID r C OQ ID c 5 J 5 E cl mo w5l E Ci 00 E 0 cu 0 C 5 2 o O o E c oU m Q g r E5 cO 5 Ec5 E 5 c D c cmm5ccLOoCUl a omu O E c Q 2 U SwIDCi U m i S E g Q c g a CU o SES E co a m Q 0 5 CJ g 0 5 oo 9 S c ffi 5 8 icu cu I i D O S g a U5 1 cu Q 8 9 O g E 0 5 E 5 g 5 g o E 2gg cu 8 5 c a i EEo 9 i8ID g ID8 5 oooc w 55 OO a u cua mmoo C 3 393 GARY W DUNGEY GARY L BROWN LLP 1910 STOUGHTON AVE CHASKA MN 55318 2218 CHASKA ECONOMIC DEV AUTH ATTN DAVE POKORNY 1 CITY HALL PLAZA CHASKA MN 55318 1962 PHEASANT CREEK FARMS LLC 1827 VALLEY RIDGE TRL S CHANHASSEN MN 55317 8419 RYAN NIEDFELDT 1925 STOUGHTON AVE CHASKA MN 55318 2217 STEVEN M FINK 1915 STOUGHTON AVE CHASKA MN 55318 2217 RICHARD K WERMERSKIRCHEN DOROTHY E WERMERSKIRCHEN 1930 STOUGHTON AVE CHASKA MN 55318 2218 GARY BARBARA DUNGEY TERI CONSTRUCTION INC 1910 STOUGHTON AVE CHASKA MN 55318 2218 ALL STEEL PRODUCTS CO 1165 HIGHWAY 212 E PO BOX 73 CHASKA MN 55318 0073 ST JOHNS EVANG LUTH CHURCH 300 4TH ST E CHASKA MN 55318 1830 PROGRESS VALLEY STORAGE OF MN 6921 BEACH RD EDEN PRAIRIE MN 55344 5227 KENNETH J SHARON B SCONBERG 1791 STOUGHTON AVE CHASKA MN 55318 2213 KAREN UNRUH OLESON 48209 270TH AVE PALISADE MN 56469 2291 HIGH TERRACE LLC PO BOX 260 CHASKA MN 55318 0260 HENNEPIN CO REG RR AUTHORITY HENNEPIN CO GOVT CENTER 300 6TH ST S SW STREET LEVEL MINNEAPOLIS MN 55487 0999 DONALD J WENZ BETTY ANN CLARK 1955 WENZ AVE CHASKA MN 55318 1273 TROY R LESLEY J POPPITZ 3640 EDGEHILL RD CHASKA MN 55318 9346 DENNIS L DANA L NYSTROM 1800 FLYING CLOUD DR CHASKA MN 55318 2435 JOSEPH ROBERT MONNENS 1781 STOUGHTON AVE CHASKA MN 55318 2213 ALLEN L BRAKEMEIER 450 LAKE VIRGINIA TRL EXCELSIOR MN 55331 9772 CHASKA CITY C O NOEL GRACZYK 1 CITY HALL PLAZA CHASKA MN 55318 1962 JAMES E KIMI L GABOURY 1905 STOUGHTON AVE CHASKA MN 55318 2217 394 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA AMENDED AND REST A TED CONDITIONAL USE PERMIT 87 2 INTERIM USE PERMIT 92 1 1 Permit Subject to the terms and conditions set forth herein and with the Conditional Use Permit 87 2 Interim Use Permit 92 1 recorded with Carver County on April 23 1992 Document No 134346 the City of Chanhassen hereby grants a A Conditional Use Permit for a mini storage facility b Interim Use Permit for screened outdoor storage 2 Property The permit is for property situated in the City of Chanhassen Carver County Minnesota and legally described as shown on the attached Exhibit A 3 Conditions The permit is issued subject to the following conditions a The 60 parking stalls for various vehicle storage shall be confined to the area labeled Phase III in the attached Exhibit B and the area shall have a gravel or grass surface b The applicant shall provide 15 Black Hills Spruce along the fence line to provide 100 percent screening of the outdoor storage area b l The applicant shall submit a letter of credit to cover the cost of material installation and a one year warranty c Drainage and utility easement is shown but must be revised to include c 1 Add ten feet of width for a total of 20 feet of easement between the drive entrance and the pond easement co2 Provide drainage and utility easement description and drawing c 3 Drainage and utility easement must cover entire 944 contour on the east side of the pond d Update sheet 2 of 2 skimmer detail to show a berm elevation of 744 e Plans and report must be signed by a registered engineer registered in the state of Minnesota f Security of 12 000 must be provided to the City for the construction of the pond and maintenance of erosion control along with the signed CUP agreement g The pond must be completed no later than November 15 2008 1 395 h A detailed erosion control plan will be needed At a minimum this plan shall include h 1 Erosion control blanket category 3 on all slopes 3 1 or steeper This includes the ponds h 2 Perimeter silt fence needs to be shown h 3 A re vegetation plan for all disturbed areas Deep rooted woody vegetation is encouraged north of the outdoor storage area hA An inspection of erosion control must be conducted prior to construction commencement 1 Any additional development to Parcel A or Parcel B shall require additional stormwater ponding This would include Phase ill of Parcel A J The 60 outdoor storage units shall not increase the hard surface coverage on the site k The outdoor storage shall be removed from the site upon completion of Phase ill of the mini storage facility 4 Termination of Permit The City may revoke the permit following a public hearing for violation of the terms of this permit 5 Lapse If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced this permit shall lapse unless an extension is granted in accordance with the Chanhassen Zoning Ordinance 6 Criminal Penalty Violation of the terms of this conditional use permit is a criminal misdemeanor Dated August 25 2008 2 396 CITY OF CHANHASSEN BY Tom Furlong Mayor SEAL AND Todd Gerhardt City Manager STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 200 by Thomas A Furlong Mayor and by Todd Gerhardt City Manager of the City of Chanhassen a Minnesota municipal corporation on behalf of the corporation and pursuant to the authority granted by its City Council NOTARY PUBLIC DRAFTED BY City of Chanhassen P O Box 147 7700 Market Boulevard Chanhassen MN 55317 952 227 1100 3 397 e EXHIBIT A ei All that pa t of the SE 1 4 of the SW 1 4 of Section 34 Township 116 Range 23 Carver County Mirtnesdta described as follows Commencing at the SE corner of said SW 1 4 Section 34 116 23 running thence North along 1 4 line to the South line of right of way of Milwaukee and St Louis Railway Co thence Southwesterly along South line of said right of way to South line of said Section 34 thence East along said Section line to place of beginning Being all that part of SE 1 4 of SW 1 4 said Section lying South of right of way of said Milwaukee and St Louis Railway Co and con taining 2 1 2 acres AND The SW 1 4 of the SE 1 4 of Section 34 Township 116 Range 23 lying southerly of the Southeasterly right of way line of the Chicago and Northwestern Railway Company Carver C unty Minnesota EXCEPTING therefrom the following described parcels Parcell A strip of land over and across the SW 1 4 of SE 1 4 Section 34 116 23 being 53 feet in width on each aide of center line of Trunk Highway No 51 and said center line being described as follows F om B point on East line of said Section distant 874 8 feet Northerly from the Southeast corner of said Section thence running in a Southweste ly direction at an angle of 82054 with said Section line for a distance of 1000 5 feet to a point thence deflect to the right 9000 on curve with delta angle of 57007 and radius of 7lh 8 feet for a distance of 441 4 feet more or less to the East line of said SW 1 4 of SE 1 4 thence continuing on said curve for a distance of 272 6 feet to a point thence on a tangent to said curve for a distance of 272 6 feet to a point thence on a tangent to said curve for a distance of 819 6 feet to a point thence deflect to the left on a 15000 curve with delta angle of 95026 and radius of 383 1 feet for a distance of 393 feet more or less to the North and South 1 4 line of said Section and there terminating excepting therefrom that part of the right of way of Minneapolis and St Louis Railway Company which lies within said strip Parcel 2 Beginning at point 20 00 chains West from SE corner of said Section 34 running thence North 4 06 chains to center of Chaska and Shakopee Road thence South 64030 West 8 93 eh l i ns thence East 8 16 chains to place of beginning Containing 1 65 acres Par el 3 Commencing at SE corne of SW 1 4 of SE 1 4 thence North 4 06 chains to center of Chaska and Shakopee Road the point of beginning of tract to be conveyed herewith thence South 64030 West 170 feet to point of center of said road thence North and parallel to East line of said SW 1 4 of SE 1 4 to South line of Trunk Highway No 51 thence Southeasterly along South line Truck Highway No 51 to point where same intersects East line of said SW 1 4 of SE 1 4 thence South along said East line to place of beginning Containing 1 2 acre more or less Parcel 4 Commencing at the point of intersection of the East line of the SW 1 4 of the SE 1 4 of Section 34 116 23 and the Northerly right of way line of U S Trunk Highway 212 as the same presently exists and runs through said SW 1 4 of SE 1 4 of Section 34 which said point of intersection is the place of beginning of the land to be herein described thence running Northwesterly along said Northerly right of way line a distance of 292 feet to a point thereon thence turning and running East parallel to the South Section line of Said Section 34 a distance of 329 feet more or less to the said East line of the SW 1 4 of the SE 1 4 of Section 34 thence turning and running South along said East line a distance of 312 feet more or less to the place of beginning lying and eing in the SW 1 4 of 5E 1 4 of Section 34 116 23 and con taining 1 10 acres of land more or less 398 J fill i c IU i d to 31 1 w w l ffi 8 C 0 z w i 0 E B oW Q 399 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA VARIANCE 08 10 1 Permit Subject to the terms and conditions set forth herein the City of Chanhassen hereby grants the following variance The City Council acting as the Board of Adjustments and Appeals approves Planning Case 08 10 for a sign variance the City Council approves a sign variance to allow a monument sign along Highway 212 frontage in addition to the permitted monument sign along Stoughton A venue on property located in the Fringe Business BF District 2 Property The variance is for property situated in the City of Chanhassen Carver County Minnesota and legally described on the attached Exhibit A 3 Conditions The variance approval is subject to the following conditions a The monument sign along Highway 212 shall comply with the sign ordinance requirements of the Chanhassen City Code b The sign along Stoughton A venue shall comply with the sign ordinance requirements ofthe Chanhassen City Code c The pylon sign along Highway 212 must be removed d A sign permit must be approved prior to replacing the monument signs along Stoughton A venue and Highway 212 4 Lapse IT within one 1 year of the issuance of this variance the allowed construction has not been substantially completed this variance shall lapse Dated August 25 2008 1 400 CITY OF CHANHASSEN BY SEAL Thomas A Furlong Mayor AND Todd Gerhardt City Manager STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2008 by Thomas A Furlong Mayor and Todd Gerhardt City Manager of the City of Chanhassen a Minnesota municipal corporation on behalf of the corporation and pursuant to authority granted by its City Council NOTARY PUBLIC DRAFTED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 2 401 4 EXHmIT A That part of the Southwest Quarter of the Southeast Quarter of Section 34 Township 116 Range 23 Carver County Minnesota lying southwesterly ofllie southwesterly right of way line of U S Trunk Highway No 212 northwesterly of the northwesterly right of way of County State Aid Highway No 10 Stoughton Avenue formerly the Chaska and Shakopee Road and easterly and southeasterly ofthe following described line Commencing at the southwest comer of said Southwest Quarter of the Southeast Quarter thence on an assumed bearing of North 89 degrees 11 minutes 32 seconds East along the south line of said Southwest Quarter of the Southeast Quarter a distance of 525 00 feet to the point of beginning of the line to be described thence North 26 degrees 57 minutes 49 seconds West a distance of 399 00 feet thence North 62 degrees 19 minutes 46 seconds East a distance of 485 18 feet more or less to said southwesterly right of way line of U S Trunk Hi way 212 and there terminating Lf EXCEPTING THEREFROM urn FOLLOWING DESCRIBED PARCEL Commencing at the southeast comer of the Southwest Quarter of the Southeast Quarter thence North 4 06 chains to c enter of Chaska and Shakopee Road the point of beginning of tract to be conveyed herewith thence South 64 degrees 30 minutes West 170 feet to point of center of said road thence North parallel to East line of said Southwest Quarter of the Southeast Quarter to south line of Trunk Highway No 51 thence southeasterly along south line Trunk Highway No 51 to point where sqme intersects East line of said SW y ofSE 1 4 thence south along said east line to place of beginning 402 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 2271160 Fax 952 227 1170 Finance Phone 952 2271140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 2271125 Fax 952 227 1110 Web Site www ci chanhassen mn us rrJlll MEMORANDUM TO Todd Gerhardt City Manager FROM Terrance Jeffery Water Resources Coordinator DATE August 25 2008 6 bj SUBJ Gary Schneider Dock Variance and Wetland Alteration Permit Planning Case 08 15 PROPOSED MOTIONS The Chanhassen City Council approves a Variance from the 10 foot dock setback zone for the placement of a dock on a lot zoned Single Family Residential RSF which will extend through the lO foot dock setback zone and 51 feet past the lot line extended as shown in plans prepared by Kurt M Kisch dated June 30 2008 And The Chanhassen City Council approves a Wetland Alteration Permit to issue a Decision of No Net Loss of Wetland Function and Values based upon the attached Findings of Fact and subject to conditions shown on page 8 of the staff report City Council approval of Wetland Alteration Permits and Variances require a simple majority vote of City Council EXECUTIVE SUMMARY The applicant is requesting a variance from the 10 foot dock setback to extend his dock through the dock setback and 51 feet over the lot line extended In addition the applicant is requesting a Wetland Alteration Permit to extend his dock through a wetland The wetland crossing would not be considered a wetland impact under the Wetland Conservation Act but would instead be considered a No Loss PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on August 5 2008 to review the wetland alteration permit and variance for the dock placement The primary concerns of the public and the Planning Commission with regard to this application included the following The City of Chanhassen A growing community with clean lakes quality schools a Charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play 403 Todd Gerhardt Schneider Dock Wetland Alteration Permit Variance August 25 2008 Page 2 Issue Conferring a right to the property owner that would not be shared by others Response The original subdivision of Reichert s addition was clear that a dock for up to two boats was a permitted use for Outlot A Outlot A is a unique situation in that the convergent side lot lines create a lot that could not conform to City Code while still allowing adequate access to the lake The lot was created prior to the dock ordinance coming into effect Issue That the Near Mountain Lake Association was not allowed an additional dock in 2006 Response The Near Mountain Lake Association s request for an additional dock was denied based on area of the lot Under Section 20 266 of the Chanhassen City Code a beach lot must have at least 30 000 square feet of area for the first dock and 20 000 square feet for each additional dock Outlot B of Reichert s Addition the Near Mountain Lake Association s beach lot measures only 40 000 square feet in area Under the original subdivision this lot was granted one dock with three slips and the existing conditions met this allowance Issue Impact to the floristic diversity of the wetland impacts to wetland due to use of chemicals Response The placement of the dock will not result in dredging of the lake and the uprooting of material nor will the use of any chemical herbicides or other means of vegetation control be allowed Issue Impedance of lake access for others particularly the Near Mountain Lake Association Response The dock has been placed with the assistance of the neighbor to the west so that it does not conflict with his dock placement The Near Mountain Lake Association under the subdivision is not allowed to place a dock northerly on Outlot B Issue That the developer s contract be changed so that a subsequent owner does not come forward in the future requesting a second overnight slip Response The developer s contract was between the original developer and the City and cannot be amended as such The variance request will be recorded against the property with Carver County and the conditions will be expressly stated there The Planning Commission added a condition requiring the development contract be amended to allow storage of one overnight boat This condition would have been consistent with the one overnight dock right allowed by this variance However this is a legal document between the original developer and the City of Chanhassen As such the City is unable to amend the contract In order to achieve the Planning Commission s goal any conditions of approval will be filed against the property with Carver County 404 Todd Gerhardt Schneider Dock Wetland Alteration Permit Variance August 25 2008 Page 3 The Planning Commission voted 6 to 1 to approve the proposed wetland alteration permit and variance The Planning Commission minutes are item 1a of the August 25 2008 City Council agenda RECOMMENDA TION Staff and the Planning Commission recommend the City Council adopt the amended motions as specified on page 8 of the staff report dated August 5 2008 ATTACHMENTS 1 Planning Commission Staff Report dated August 5 2008 g plan 2008 planning cases 08 15 schneider variance wap executive summary doc 405 CC DATE August 25 2008 2 PC DATE August 5 2008 CITY OF CHANHASSEN REVIEW DEADLINE July 25 2008 CASE 08 15 BY TJ AA BG SA PROPOSED MOTIONS The Chanhassen Platlfli ng Commission reeofIlfIlends that City Council approves a Variance from the 10 foot dock setback zone for the placement of a dock on a lot zoned Single Family Residential RSF which will extend through the 10 foot dock setback zone and 51 feet past the lot line extended And The Chanhassen Planning Commission recollHnoods that City Council approves a Wetland Alteration Permit to issue a Decision of No Net Loss of Wetland Function and Values based upon the attached Findings of Fact and subject to conditions shown on page 8 of the staff report SUMMARY OF REQUEST The applicant is requesting a Variance and Wetland Alteration Permit for a determination of No Net Loss of Wetland Value or Function to install a dock All proposed setbacks are measured from the edge of the structure LOCATION 640 Pleasant View Road Outlot A Reichert s Addition APPLICANT Gary Schneider Cynthia Schneider 640 Pleasant View Road Chanhassen MN 55317 PRESENT ZONING Single Family Residential RSF 2020 LAND USE PLAN Residential Low Density Net Density Range 1 2 4u Acre ACREAGE 0 35 acre DENSITY N A LEVEL OF CITY DISCRETION IN DECISION MAKING 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 The City has limited discretion in approving or denying a wetland alteration permit based on whether or not the proposal meets the wetland alteration permit standards outlined in the Zoning Ordinance If the City finds that all the applicable wetland alteration permit standards are met the pennit must be approved This is a quasi judicial decision Notice of this public hearing has been mailed to all property owners within 500 feet 406 407 408 409 410 411 Schneider Variance Planning Case 08 15 August 5 2008 Page 7 of8 Lotus Lake and should not therefore pose a safety hazard or obstruction to normal boat traffic on the Lotus Lake Near Mountain Lake Association maintains a dock on the southern end of Outlot B This dock is at least 430 feet south of the applicant s dock and should not be adversely impacted by the proposed alignment According to the development contract the placement of a dock on the northerly portion of Outlot B is a prohibited use Wetland Alteration The applicant will need to place the dock through a Manage 1 Wetland Under MN Rules Chapter 8420 a wetland impact is defined as 8420 0110 Subp 23 Impact Impact means a loss in the quantity quality or biological diversity of a wetland caused by draining filling or excavating as described in part 8420 0105 Placement ofthe dock does not preclude the growth of aquatic vegetation Nor does it require the dredging of any soil materials or the placement of any fill materials within the wetland Further by placing the dock per the standards set forth in Chapter 6 Article 2 the dock placement would not result in a loss of biological diversity as it would be far enough above the water surface to allow for adequate sunlight and space for plant growth The proposed placement of the dock would not result in the removal of vegetation and would not constitute a wetland impact as defined in Minnesota Rules Chapter 8420 Therefore the dock placement would be considered a No Loss under 8420 0220 of Minnesota Rules The installation of the posts for the dock would constitute fill within a wetland The posts are 3 inches in diameter which equates to 0 1 square feet of impact per post Minnesota Rules 8420 0155 Subp 9 De minimis A 4 b allows for up to 20 square feet of wetland impact regardless of type inside the building setback zone as defined in the local shore1and management ordinance Placement of the dock entirely within the conforming area as shown above would require the removal of additional vegetation to create a route for the boat to navigate in and out of the open water This vegetation would experience continued disturbance due to the navigation of the boat through the corridor In staff s opinion this would be more detrimental to the wetland than extending the dock to navigable waters OTHER AGENCIES The applicant is responsible for obtaining any permits or approvals from the appropriate regulatory agencies and comply with their conditions of approval The Carver County SWCD has indicated that they have no issues with the dock as long as no fill is placed in the wetland nor any dredging ofthe lake occurs The Riley Purgatory BluffCreek Watershed District turned back permitting authorities to all municipalities within their jurisdiction as of January 1 2008 RECOMMENDATION Staff recommends that the Planning Commission City Council adopt the following motion 412 Schneider Variance Planning Case 08 15 August 5 2008 Page 8 of8 The Planning COnHRission recommends that City Council approves a Variance from the 10 foot dock setback zone for the placement of a dock on a lot zoned Single Family Residential RSF which will extend through the 10 foot dock setback zone and 51 feet past the lot line extended as shown in plans prepared by Kurt M Kisch dated June 30 2008 And The Planning Commission recommends that City Council approves a Wetland Alteration Permit to issue a Decision of No Net Loss of Wetland Function and Values based upon the attached findings of fact and subject to the following conditions I No aquatic vegetation is to be removed by uprooting of the vegetation Neither shall any Chemicals be applied for the control of aquatic vegetation The applicant may cut only that vegetation which is necessary for the placement of the dock the mooring of the boat and the navigation of the boat to open water The vegetation shall be cut at a height equal to the bottom of the dock or at a depth of the propeller 2 The dock shall be installed eight 8 inches above the Ordinary High Water Elevation 3 The dock shall be no wider than the current three and one half 3 5 feet as shown on the survey submitted by the applicant 4 The dock shall be shortened by thirteen 13 feet from what is shown on the survey to allow for a minimum separation between docks of twenty 20 feet 5 The boat shall be docked as close to the lakeside end of the dock as possible so as to minimize the disturbance of aquatic vegetation for the docking of the boat 6 No more than one watercraft may be docked on the subject property 7 No fill or excavation may occur within the jurisdictional wetland boundaries or below the ordinary high water elevation of Lotus Lake except for the fill associated with the minimum number of posts necessary to maintain a safe dock 8 The applicant shall abide by all applicable provisions of Chapter 6 and Chapter 20 of Chanhassen City Code ATTACHMENTS 1 Findings of Fact 2 Development Review Application 3 Email from Pete Thielen dated 7 24 08 4 Registered Land Survey 5 Public Hearing Notice and Affidavit of Mailing List g plan 2008 planning cases 08 15 schneider variance wap staff report cc 082508 doc 413 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE The application of Mr Gary Schneider for a Variance from the lO foot dock setback zone and a Wetland Alteration Permit to request a No Loss determination for wetlands on site On August 5 2008 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Mr Gary Schneider for variance and wetland alteration approval The Planning Commission conducted a public hearing on the proposed development 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 1 The property is currently zoned Single Family Residential RSF 2 The property is guided in the Land Use Plan for Residential Low Density use 3 The property is Outlot A ofthe Reichert s Addition Plat recorded on January 23 1978 4 The Ordinance directs that a variance may be granted by the Board of Adjustment and Appeals or the City Council only if the following criteria are met The six 6 criteria and our findings regarding them are a That the literal enforcement of this chapter would cause undue hardship For purposes of the definition of undue hardship reasonable 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 in developed neighborhoods preexisting standards exist Variances that blend with these preexisting standards without departing downward from them meet these criteria Finding Of the eleven lots within 500 feet of the subject property with lake frontage five have docks It is reasonable based upon the plat and the development contract for the property owner to assume they have rights to install a dock Outlot A has convergent side lot lines which preclude having adequate area to install a dock while meeting current ordinance setback requirements and having the water depth for adequate draft to operate most motorized watercraft b That the conditions upon which a petition for a variance is based are not applicable generally to other property within the same zoning classification 1 414 Finding The creation of Outlot A with the Reichert s Addition Plat is a unique situation Outlot C which is owned by 608 Pleasant View Road has a similar situation and has installed a dock Outlot C does not however have the same constraints imposed upon it by the convergent side yard lot lines which create an area which is not conducive to the placement of a dock which conforms to current ordinance setback requirements c That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land Finding Although a dock will increase the value of the property it is not the sole intent for requesting this variance The property owner wishes to have overnight dockage rights and under the development contract for the outlot conditions were allocated for the placement of one dock with overnight mooring for up to two boats as part of the subdivision d That the alleged difficulty or hardship is not a self created hardship Finding The lot was created in 1978 prior to Ordinance 073 which set standards for the dimension and placement of docks The lot was created with divergent side lot lines which does not allow for the placement of a dock which would conform to current ordinance The development contract for the subdivision allocates one dock with mooring for up to two boats e That 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 of land is located Finding Mr Schneider has indicated that he has worked with the property owner to the west of the subject site to align the dock in a manner which does not obstruct their access to and from the lake Mr Thielen has corroborated this in an email to staff dated 7 24 08 Outlot B Near Mountain Lake Home Owners Association has a dock on the southerly portion of the parcel per the 1978 development contract The placement ofMr Schneider s dock will not obstruct access to and from Outlot B nor will it extend into the area of the lake where normal lake traffic operates Therefore the dock will not create an obstruction or safety issue to normal lake traffic f That the proposed variation will not impair an adequate supply oflight and air to adjacent property or substantially increase the congestion of the public streets or decrease visibility or site distances or increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood Finding The dock will not be located near any homes or public streets and is a typical use of lakefront property By installing the dock eight inches above the Ordinary high Water elevation without the placement of any additional fill or the excavation of any materials from the lake wetland no impact to the wetland will occur Further by extending the dock away from the shoreline the existing vegetation will be maintained and will not be disturbed as a result of boat traffic to and from the dock 2 415 5 Wetland Alteration follows Conditional Use Permit criteria a The proposed project will not be detrimental to or endanger the public health safety comfort convenience or general welfare of the neighborhood or the city b The proposed project will be consistent with the objectives of the city s comprehensive plan and the zoning chapter of the City Code c The proposed project 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 d The proposed project will not be hazardous or disturbing to existing or planned neighboring uses e The proposed project 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 f The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community g The proposed project will not involve uses activities processes materials equipment and conditions of operation that will be detrimental to any persons property or the general welfare because of excessive production of traffic noise smoke fumes glare odors rodents or trash h The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares 1 The proposed project will not result in the destruction loss or damage of solar access natural scenic or historic features of major significance J The proposed project will be aesthetically compatible with the area k The proposed project will not depreciate surrounding property values 1 The proposed project will meet standards prescribed for certain uses as provided in the City code 6 The placement of the dock does not meet the standards for definition as a wetland impact The placement of the dock would result in no net loss of wetland function or value 3 416 7 The placement of posts for the anchoring of the dock would constitute a wetland impact under Minnesota Rules Chapter 8420 However total impact from these posts would be less than the 20 square feet of impact which is allowed under the De minimis exemption as described in Chapter 8420 0155 and does not require a wetland replacement plan 8 The planning report 08 15 dated August 5 2008 prepared by Terrance Jeffery et ai is incorporated herein RECOMMENDATION The Planning Commission recommends that the City Council approve Variance 08 15 from the 10 foot dock setback zone for the placement of a dock on a lot zoned Single Family Residential RSF which will extend through the 10 foot dock setback zone and 51 feet past the lot line extended and approve Wetland Alteration Permit 08 15 to issue a Decision of No Net Loss of Wetland Function and Values subject to the recommended conditions of approval contained within the staff report ADOPTED by the Chanhassen Planning Commission this 5th day of August 2008 CHANHASSEN PLANNING COMMISSION BY Its Chairman 4 417 Planning Case No 0 t 5 CITY OF CHANHASSEN 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 em OF CHMHASSEN Ci @ DEVELOPMENT REVIEW APPLICATION JUN 1 1 2008 ENGINEf RING DEPT PLEASE PRINT Applicant Name and Address J aA J Sq 1 1fA 461 J llIAiEl i 0 PUi I 5iWr Vt DlAJJHA W MIl 1J 51t7 Contact GM I Phone 9 J tf7c1 fj 1 Fax Email SCflNUDe r r aJ Owner Name and Address 8A 1f 6 H r r O CYJJtHIA Ai sultJul Contact Phone Email Fax NOTE Consu tion with City staff is reQuired Rrior to submittal including review of development plans V tt t r p ttfI IA SfJp ur Comprehensive Plan Amendment Temporary Sales Permit Interim Use Permit IUP Vacation of Right of Way Easements V AC Variance VAR doa I A P11l t1t c7 J Wetland Alteration Permit WAP I So Conditional Use Permit CUP Non conforming Use Permit Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Subdivision Notification SignQ 1 City to install and remove IVllrJt f O M t 4 tvC 6 h J X Escrow for Filing FeeS Attorney Cost UP SPRNAC lIMetes Bounds lac 450 Minor SUB TOTAL FEE 11 IOs Sign Plan Review Site Plan Review SPR An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing Sixteen 16 full size folded copies of the plans must be submitted including an 8 X 11 reduced copy for each plan sheet along with a diaital COpy in TIFF Group 4 tif format Escrow will be required for other applications through the development contract Building material samples must be submitted with site plan reviews NOTE When multiple applications are processed the appropriate fee shall be charged for each application SCANNED 418 Do ct Art l PL iA M iVIW J J ut 71i J oF UY r J f L LEGAL DESCRIPTION 5zc i 8 TWP tl R M6e 3 R H br6 MtJl d1 1 t O jlAJc OI 2 t1cfi lbrs fl b 1lv uJjZ r r tJ rtorA I l U U fRf A JIJ PROJECT NAME LOCATION TOTAL ACREAGE 4 i l WETLANDS PRESENT YES p NO PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION f2z 5ilJ U REQUESTED LAND USE DESIGNATION REASON FOR REQUEST MAY 3 t Pf rf e MM US f7J sPitE r 7PA rIfL JOCk lW WI Oif PW I A Is 1 0 tJmjJUANT etlJlJbm J tr I g j rJ JIr77JJ 0 CJV NA rs lis a 7 LJ V Al4 t U5 R JJV W fUl o fhi Vfl Or dt Id f VfS A j N1 AfLI WUJrmjJ Lftt kk So Is M JvfL S fOnd J tJeJrWy iJ I t N j A 7 4 cI WI rl Mt k t6 Fb d J f IL J 6 qr krr 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 to determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements 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 k o vledge 6 oB Signature of Applicant SiJ JdjA Date p Go 08 Date G pLAN forms Development Review ApplicationDOC SCANNED Rev 12 05 419 Jeffery Terry From Sent To Subject J P Thielen thieI002@yahoo com Thursday July 24 2008 12 05 PM Jeffery Terry Gary Sneider s dock We ve talked with and worked with Gary on his dock Weare in full agreement and urge the city to allow it Pete Jan Thielen 665 Pleasant View Road Chan 1 420 Cl 0 Cl C 0 I s 0 O@ z 7 0 5 c cg 2 o c v 00 t5 c o o o J 1 o o q 0 e 6 Q iZ li Eg a f g ft I 0 I r Iv j J J I tJ I 99 lv 4 fof x V 5 it C p o o l 0 oS SO z i g st D B S VI 1 8 o E Z w li O 8 e e a S o Wi i U1 i i 6 i i i Z J a l I s tlO 0 t 1 1 t 1 1i z o O g Ze b 0 Oq W u l Q 0 1 0 o D c o i 00 1b J I 0 gZ U lD 0 i t 0 a g 1 1 4Y f Ii I I I g e o I tJ 1 7 I I S 0 I I 1 te f o 5 I I 7 I v O V I I L C I r v I c o v 1 J V S3 lS1 JII 3n i1 I i llO c v vy I co go 0 fOO ot M or i1t zON 1 I o 0 B u o 0 E O i e 0 0 0 c o ce C o 0 2 t J g o lfI a a G O c S o 9ft G a 0 5 ti Z G o S 5 c c lfI o G a C J o o S l lU II j t J B E f to g t i O J o 421 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA ss COUNTY OF CARVER I Karen J Engelhardt being first duly sworn on oath deposes that she is and was on July 24 2008 the duly qualified and acting Deputy Clerk of the City of Chanhassen Minnesota that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Schneider Dock Variance and Wetland Alteration Permit Planning Case 08 15 to the persons named on attached Exhibit A by enclosing a copy of said notice in an envelope addressed to such owner and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer Carver County Minnesota and by other appropriate records Subscribed and sworn to before me thi ay of Iuhf 2008 KIM 1 MEUWISSEN Notary Public Minnesota My Commission expires Jan 31 2010 422 ll o g Q Q 0Q c c 1 co IJ 0 0 co f l S E g j Q go l B g H 1i a 6 H H E iii E 0lQ 3 Q 5 Q I 0 0 E c D Ol 0 0 oJ e ti c 0 0 IJ 0 g E 0 CC Q c 0 Q 0 ll sccoQ Rl 9 0 Q 6 ci E cc o O Ill O ft E Q VI C 1 1 0 w C VI 0 IJ 0 E c Q c 0 0 1 cD IJ 0 Q 0 s f l cco Q 2 2EQ 0Q E Q 1 0 c Q E tii c c 15 CD 0 c 0 c o c o E E Q t 0 t c Q o So I llIJ E Rl 0 ll g 5 gin 0 g o e g Q E 0 l 0 01 Q IJ c Q 0 IJ Q o g 0 0 0 c i 0 Ol S Q s 5 c 5 c ll 0 0 0 o 5 0 jg 15 Gl S S Q E 3 0 Eo 0 g 5 5 Q 0 3 0 o c I C 0 c o Q g 0 I S w m15 Q 3 C ll D ll Q 0 0 0 E Rl 1 g en 0 Gl c 0 S g Q g 0 IJ 8 0 0 0 Q gOOl c Q 5 ll S o eo E C1J o ll Q O c 0 0 0 y 1 1 o E Q llGl o O o Q 0 c Q so c 00 Q o Sc s co 00 oE o 0 0 g c tx 0 ll 0 g c l c g 2 3 in 0 g 0 3 l U 0 ll Q 01 Q 0 0 2 in U I CJ g S ti Q CJ 5 gE s 0 ooJ olJ IJ Q llC ll oQ E OIic c iOOlOl cQ Oo coE c D o SCIJg ll cc Q c O Q c cQ Q 5 0 IJ 3 g EO e c 0 E s g E O llce EQ Q E a qo O Q i ll ll1J s ll cs cO sQ b IJ Q e o o g 5gCJ l oo so gQ Q EI ID E Q iol OOQ O O O Q cQ Q Rl 6tx iiR S 5t 5 0 c i CI i 0 5 c In In 1 CI E I E g 0 aU so D C o C C 50 D OC Z I In In 1 J C 1 J U 0 C i CI i C 0 0 C In In IS 1 E I E g 0 aU so D C 2 Oc 50 D oc zCl In In 1 J C o 1 1 ct CD Q oes E D G I I j C 10 c c g Q c c 0 1 1 3 0 c E OQ oes i 0 I i 1 E Q D D cu c SlE i U e OU c so 0 0 0 J J 1 i ao 8 g g co IJ IJ O o co c Q cc co IJ 3 3 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ll c Q oQ 3b IJ Q e 1J Il s o g 5g j 8li s so gQ I OQ EI ID E Q aQ 0 ll 00 Q 0 0 0 Q c Q cQ Q Rl s c 0 q c o o s Q c 1 0 O CI ll ll ll t CD E j od o 1 10 C C 1 D G D Q E Q cu c c od th c c o Q E SlE 0 ao c o i U o J 10 1 1 o D e c c 5 9 1 i 0 0 U 1 9 0 4 J ui 0 Ol C 0 o c j c s l l 0 g 9 0 lij C lij2 ii o c 0 0 l l g Q s cs 5 9 I J g S s 0 o m O o E 1O o g 0 l l c c v o v E of 0 Q 0 d 8 Q g Q s E c g 2 g sg g o EL 8 92 C1 ui iij vv oOv 5 2t i g s z sliji n g E e gg c ov cO s E o e o o g E a B o S 0 5 v m oIE eE 8 c o 5 g Q cnE o S J S 0 0 c c cn Su Cro o 6 2go B 800 gt m e c o EE 5 ro OU g E m 8 BQ O co Q ov 0 cE Eo iQ o OE eg 65g 8 5 C1 EL m OE o c E o Eo o xo 0 0 o g 0 2 s g 0 Q I O l l E iOl g g 0 S g a 5i 8 li S co o g E 8 Q Oo O sc s o Co 2 O i cl R g51 g Q cg E B 0 0 m V O g g E O E 2 s ro CI I II i g S KE g o I Q 1 6 0 e8 s III 8 Ea g g5 g Q OJ c c 1 Q C E C a G 0 6 1 E Qj g E 0 g III m Ii 0 c s Ol o ocQ loo l o vES 5Q cO C ECS E Z0 C Q 0C O io Q FQ 2 1J Slgj W Q cC 0 0 E g E C Q c gg o o oo l l 8 o ilijo oiIJ I0 5 2 C go E E j gO c g o 1 O 8 E c a Q l l S 3 08 lij g 0 O o og s 10 Q aO g o t 5i g l l 0 S e O E gg 8 zc l l0 Q iVEEOQ g co 8 EOC 0 E c Q Q 1 l l IRRil iiiS J oc oo n n m C3e Ii 0 0 I c o Q g c s O 0 0 g Q 0 lij C Q i B Qj o 0 0 sg Q s cs O g Q Q O m Q Q o E 1O Ii g O l l lIl lii E g Q 5i g S 8Qjg c gB g 2 a EoE ol I ui DQ g Q O gt z co c g z s iaiS n g 0 E 10 c Q iii 0 0 E c o 0n oO s Q t g Ea g c E o 19 BQ Eo S Oi o 5 IE I 1 8 c l l8 0 c o ooOCO 0 o 1Og C C lE 01J t o c Q c Q o O E o oo g E 2l l lB 10 o l l Co t c Q 2 IJ gE i 0l 8E e GIg 8 5 Q K Q S o gE 3 2 s lij g8 g Q g s g c5 il EC E iOl g g 0 S g a 8 li m S co 0Q g0Eg 8 i m cw m ID eQ B O lij l 8 5ig51 g v c Q Eo B o 0 0 c I Q liQ o o g V6 gwE 01 5IE S s I s Z gl i C O a KEg o l i 6 e8 1 a Q I g O g s ic g i i gE lijm E gl Q O oBQ Og g Qj g 5 2 S6Q 0 g V s Bo Ei Z6 C Q 0 iO o s o EF Q 2 1J g 1IiO c 5 E Ev3 QOlJl Q Ol g iEiir U i ill I u t g 8 B i 2 0 s Oe sg gQ c CD 0 o S t lij 0 1 c 00 c g g i 8 B Q aO g 8 t g g l l 0 S s g sg oiE g 8 2l c i 10 2l EEO 18 I5ig 8 i 19 vQ 88E lic g i 1J Ii I s s o o o C3 423 424 BARBARA L HEDLUND 10014 INDIGO DR EDEN PRAIRIE MN 55347 1206 MICHAEL KATHRYN SCHWARTZ 469 PLEASANT VIEW RD CHANHASSEN MN 55317 9576 ANTHONY G SALLY A HEARD 510 PLEASANT VIEW RD CHANHASSEN MN 55317 9437 MARK LOREN OLSON 536 PLEASANT VIEW RD CHANHASSEN MN 55317 9437 JOHN T RUTH E SCHEVENIUS 570 PLEASANT VIEW RD CHANHASSEN MN 55317 9437 JAHN A DYVIK 610 PLEASANT VIEW RD CHANHASSEN MN 55317 8327 SEAN MELINDA FITZGERALD 630 PLEASANT VIEW RD CHANHASSEN MN 55317 8327 RONALD D DEJONGH 6310 SUMMIT CIR CHANHASSEN MN 55317 9138 SUSAN W DAMMEN 6321 SUMMIT CIR CHANHASSEN MN 55317 9139 JOHN W SCHNEIDER JR 6340 SUMMIT CIR CHANHASSEN MN 55317 9138 DENNIS ZHU 105 LAKELAND SHORES RD LAKELAND MN 55043 9601 DAVID FRANKLIN LABADIE 489 PLEASANT VIEW RD CHANHASSEN MN 55317 9576 DOUGLAS J LANA HABERMAN 520 PLEASANT VIEW RD CHANHASSEN MN 55317 9437 MICHAEL R JODY SCHEPERS 540 PLEASANT VIEW RD CHANHASSEN MN 55317 9437 THOMAS M NANCY S SEIFERT 600 PLEASANT VIEW RD CHANHASSEN MN 55317 8327 NEAR MOUNTAIN LAKE ASSN INC 610 PLEASANT VIEW RD CHANHASSEN MN 55317 8327 MIKEAL G BYSTROM JR 6300 SUMMIT CIR CHANHASSEN MN 55317 9138 BRIAN JERIL YN D HOOKS 6311 SUMMIT CIR CHANHASSEN MN 55317 9139 ROBERT M ANETTE R BARNHART 6330 SUMMIT CIR CHANHASSEN MN 55317 9138 JOHN A SARAH A WAY 6341 SUMMIT CIR CHANHASSEN MN 55317 9139 TODD R MAGILL 20433 CHERYL DR TORRANCE CA 90503 1815 CURTIS G CHERI L ANDERSON 500 PLEASANT VIEW RD CHANHASSEN MN 55317 9437 ALAN LINDA K KRAMER 531 INDIAN HILL RD CHANHASSEN MN 55317 9533 TODD L PATRICIA A FROSTAD 561 INDIAN HILL RD CHANHASSEN MN 55317 9533 JOHN E NICOLAY JR 608 PLEASANT VIEW RD CHANHASSEN MN 55317 8327 KEVIN A LEANNE M BENSON 620 PLEASANT VIEW RD CHANHASSEN MN 55317 8327 EUGENE A KATHLEEN A GAGNON 6306 SUMMIT CIR CHANHASSEN MN 55317 9138 BRUCE H DEBRA J HOMAN 6320 SUMMIT CIR CHANHASSEN MN 55317 9138 DERRICK J BILDERBEEK 6331 SUMMIT CIR CHANHASSEN MN 55317 9139 MICHAEL SARAH WENTZIEN 6350 SUMMIT CIR CHANHASSEN MN 55317 9138 425 MICHAEL P JONIKAS 6368 OXBOW BND CHANHASSEN MN 55317 9109 DANIEL L ROBBINS 6375 OXBOW BND CHANHASSEN MN 55317 9128 ALEXANDER C KARENEA LAI 6381 OXBOW BND CHANHASSEN MN 55317 9128 ROBERT F DIANA L DAVIS 6387 OXBOW BND CHANHASSEN MN 55317 9128 GARY J SCHNEIDER 640 PLEASANT VIEW RD CHANHASSEN MN 55317 8327 CHRISTIAN G LISA P OLSEN 6440 FOX PATH CHANHASSEN MN 55317 9277 KEITH M MARY BETH HOFFMAN 6470 FOX PATH CHANHASSEN MN 55317 9279 DAVID R VALERIE L ROSSBACH 670 PLEASANT VIEW RD CHANHASSEN MN 55317 9509 CHARLES R JUDY L PETERSON 708 LAKE PT CHANHASSEN MN 55317 9284 EILEEN T KELLY 740 LAKE PT CHANHASSEN MN 55317 9284 JOSEPH J CHRISTINE K STONE 6370 OXBOW BND CHANHASSEN MN 55317 9109 JOHN P SUZANNE D BOHN 6377 OXBOW BND CHANHASSEN MN 55317 9128 THOMAS F III KAREN M CONBOY 6383 OXBOW BND CHANHASSEN MN 55317 9128 BRENT G KAREN J BLACKEY 6389 OXBOW BND CHANHASSEN MN 55317 9128 CHRISTOPHER S PELLETIER 6420 FOX PATH CHANHASSEN MN 55317 9277 THOMAS M SUSAN J HUBERTY 6450 FOX PATH CHANHASSEN MN 55317 9277 SAMUEL G LAURIE J CURNOW 650 PLEASANT VIEW RD CHANHASSEN MN 55317 9509 PAUL L DESTINI MOLITOR 6725 IROQUOIS CIR MINNEAPOLIS MN 55439 1014 MICHAEL A JANET A STANZAK 724 LAKE PT CHANHASSEN MN 55317 9284 BEVERLY C THOMAS 745 PLEASANT VIEW RD CHANHASSEN MN 55317 9509 MICHAEL A CYNTHIA A COLSON 6373 OXBOW BND CHANHASSEN MN 55317 9128 JAMES R KATHRYN A DREESEN 6379 OXBOW BND CHANHASSEN MN 55317 9128 MARK E KRISTEN 0 HANSBERRY 6385 OXBOW BND CHANHASSEN MN 55317 9128 KEVIN KATHERINE WORMS LYNCH 6391 OXBOW BND CHANHASSEN MN 55317 9128 CRAIG N HANSEN 6430 FOX PATH CHANHASSEN MN 55317 9277 MICHAEL DEBRA HAYDOCK 6460 FOX PATH CHANHASSEN MN 55317 9279 JOHN P JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN MN 55317 9509 GARY M SCHELlTZCHE 680 PLEASANT VIEW RD CHANHASSEN MN 55317 9509 DAVID S DEBRA M TOOLE 732 LAKE PT CHANHASSEN MN 55317 9284 CHUNYI UN 800 FOX CT CHANHASSEN MN 55317 9283 426 Public Hearing Notification Area 500 feet Schneider Dock Variance and Wetland Alteration Permit 640 Pleasant View Road Outlot A Reichert s Addition Planning Case 2008 15 Lotus Lake 427 Correspondence Packet Letter from Minnehaha Creek Watershed District dated August 14 2008 Memo from Greg Sticha Finance Director re Review of Claims Paid dated August 15 2008 428 The Minnehaha Creek Watershed District is committed to a leadership role in protecting improving and managing the surface waters and affiliated groundwater resources within the District including their relationships to the ecosystems of which they are an integral part We achieve our mission through regulation capital projects education cooperative endeavors and other programs based on sound science innovative thinking an informed and engaged constituency and the cost effective use of public funds IMPROVING QUALITY OF WATER QUALITY OF LIFE August 14 2008 RECEIVED AUG 1 Ii CiTy 2008 OF CHA NHASSEN ToddGerhardt City Manager City of Chanhassen 7700 Market BlvdPO Box 147 Chanhassen MN 55317 0147 Dear City Manager Gerhardt Enclosed is a copy ofthe public notice that will be published in the Star Tribune on Wednesday August 13 and on Sunday August 17th The notice is for a public hearing that will be held by the Minnehaha Creek Watershed District Board of Managers in regard to the purchase of property in Minnetrista which will be financed by Hennepin County and repaid with the District s tax levy If you have any questions please contact me at 952 471 0590 x 203 Sincerely r Ellen Heine Land Conservation Specialist 18202 Minnetonka Boulevard Deephaven MN 55391 952 471 0590 Fax 952 471 0682 www minnehahacreek org 429 STAR TRIBUNE Fax 612 673 4884 Please publish on Wednesday August 13th and Sunday August 17th 2008 PUBLIC NOTICE MINNEHAHA CREEK WATERSHED DISTRICT Minn Stat 103B 251 On Thursday August 21 2008 at 6 30 p m the Minnehaha Creek Watershed District MCWD Board of Managers will hold a public hearing concerning the purchase of approximately 19 acres at 1765 County Rd 110 N in Minnetrista The cost ofthe acquisition is 2 700 000 to be financed by Hennepin County with repayment through the District s watershed tax levy This acquisition is part ofthe District s Land Conservation Program which undertakes conservation activities to protect water quality and ecological resources within the District The hearing will be held at the MCWD Lower Level Meeting Room 18202 Minnetonka Boulevard Deephaven MN 55391 If you have any questions regarding this meeting please call Ellen Heine at 952 471 0590 430 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Mayor City Council FROM Greg Sticha Finance Director C z DATE August 15 2008 e SUBJECT Review of Claims Paid The following claims are submitted for review on August 25 2008 Check Numbers Amounts 137431 137586 1 004 828 60 Total All Claims 1 004 828 60 Attachments Check Summary Check Detail Report Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 431 CITY OF CHANHASSEN Accounts Payable Printed 08 15 2008 08 24 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 137431 FULLBLOO FULL BLOOM 08 04 2008 0 00 150 00 137432 post POSTMASTER 08 04 2008 0 00 1 633 23 137434 3DSPE 3D SPECIALTIES 08 07 2008 0 00 191 21 137435 beckjohn John Becker 08 07 2008 0 00 64 45 137436 BNRIrr BNR Irrigation Services Inc 08 07 2008 0 00 79 65 137437 BOYTRU Boyer Truck Parts 08 07 2008 0 00 22 55 137438 CarmJim Jim Carmichiel 08 07 2008 0 00 72 00 137439 CARTRE CARVER COUNTY TREASURER 08 07 2008 0 00 25 00 137440 CA TP AR CATCO PARTS SERVICE 08 07 2008 0 00 311 64 137441 cengas Century Gas LLC 08 07 2008 0 00 1 277 53 137442 CENTEL CENTURY TEL 08 07 2008 0 00 1 519 78 137443 cudcus Cuddigan Custom Builders 08 07 2008 0 00 1 750 00 13 7444 DAMF AR DAMON FARBER ASSOCIATES 08 07 2008 0 00 213 75 137445 DANKA DANKA OFFICE IMAGING COMPANY 08 07 2008 0 00 879 13 137446 dolplu Dolder Plumbing Heating LLC 08 07 2008 0 00 11 604 75 137447 EMEAPP EMERGENCY APPARATUS MAINT INC 08 07 2008 0 00 436 48 137448 EMEAUT EMERGENCY AUTOMOTIVE TECH INC 08 07 2008 0 00 72 78 137449 FACMOT FACTORY MOTOR PARTS COMPANY 08 07 2008 0 00 85 48 137450 GayNanc Nancy Gay 08 07 2008 0 00 50 00 137451 GOOTEC GOODPOINTE TECHNOLOGY INC 08 07 2008 0 00 2 100 00 137452 HALHOM HALDEMAN HOMME INC 08 07 2008 0 00 17 414 51 137453 HDsup HD Supply Waterworks LID 08 07 2008 0 00 583 27 137454 hill j era Jeramiah Hillebrand 08 07 2008 0 00 25 00 137455 IMPPOR IMPERIAL PORTA PALACE 08 07 2008 0 00 9 756 47 137456 ispace I Space Furniture Inc 08 07 2008 0 00 1 246 05 137457 JanyPave Pavel Jany 08 07 2008 0 00 475 00 137458 JenkJoel JOEL JENKINS 08 07 2008 0 00 472 50 137459 JERTRA JERRY S TRANSMISSION SER 08 07 2008 0 00 9 198 80 137460 KATFUE KATH FUEL OIL SERVICE 08 07 2008 0 00 32 322 15 137461 KILELE KILLMER ELECTRIC CO INC 08 07 2008 0 00 713 27 137462 KRAAND KRAUS ANDERSON CONSTRUCTION 08 07 2008 0 00 100 00 137463 LANZBOB BOB LANZI 08 07 2008 0 00 135 00 137464 LOCSUP LOCATORS AND SUPPLIES INC 08 07 2008 0 00 175 52 137465 MACTA MACTA 08 07 2008 0 00 25 00 137466 METC02 METROPOLITAN COUNCIL 08 07 2008 0 00 99 349 53 137467 MNWHO MN V ALLEY WHOLESALE 08 07 2008 0 00 181 05 137468 MTIDIS MTI DISTRIBUTING INC 08 07 2008 0 00 473 97 137469 MVEC MN V ALLEY ELECTRIC COOP 08 07 2008 0 00 3 743 66 137470 NFPA NATIONAL FIRE PROTECTION ASSN 08 07 2008 0 00 150 00 137471 OREAUT O REILLY AUTOMOTIVE INC 08 07 2008 0 00 370 83 137472 OURDES OUR DESIGNS INC 08 07 2008 0 00 112 95 137473 ParkMarc Dr Marcie Parker 08 07 2008 0 00 36 00 137474 PARSUP PARTEK SUPPLY INC 08 07 2008 0 00 91 72 137475 PREHOM PRESBYTERIAN HOMES SERVICE 08 07 2008 0 00 104 049 30 137476 PRTURF PRO TURF 08 07 2008 0 00 1 349 48 137477 RBMSER RBM SERVICES INC 08 07 2008 0 00 4 747 37 137478 ROTCOM THE ROTTLUND COMPANY INC 08 07 2008 0 00 27 505 87 137479 SCHELE SCHINDLER ELEVATOR CORP 08 07 2008 0 00 416 52 137480 SEAATH SEATING ATHLETIC FACILITY EN 08 07 2008 0 00 3 045 00 137481 SHOTRU SHOREWOOD TRUE VALUE 08 07 2008 0 00 80 31 137482 SKYEVE Skyway Event Services 08 07 2008 0 00 340 00 137483 SpenMild Mildred Spencer 08 07 2008 0 00 36 00 137484 Spring Springbrook 08 07 2008 0 00 400 00 137485 StecBarr Barry Steckling 08 07 2008 0 00 198 85 137486 STEMAN STEPP MANUFACTURING 08 07 2008 0 00 25 036 55 137487 stolglen Glenn Stolar 08 07 2008 0 00 100 00 137488 StowVirg Virginia Stowe 08 07 2008 0 00 36 00 137489 SUBRAT SUBURBAN RATE AUTHORITY 08 07 2008 0 00 1 000 00 137490 SUNRAM SUNRAM CONSTRUCTION 08 07 2008 0 00 47 429 87 137491 supwir Superior Wireless Communicatio 08 07 2008 0 00 117 15 137492 SURPLU SURE PLUS MANUFACTURING COMPAN 08 07 2008 0 00 103 90 137493 thehigh The High 48s 08 07 2008 0 00 500 00 Page 1 432 CITY OF CHANHASSEN Accounts Payable Printed 08 15 2008 08 24 User danieIle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 137494 TOLGAS TOLL GAS WELDING SUPPLY 08 0712008 0 00 130 69 137495 treeeliz Elizabeth Treeman 08 0712008 0 00 28 00 137496 UhIcom UHL Company Inc 08 0712008 0 00 1 355 41 137497 VIKELE VIKING ELECTRIC SUPPLY 08 0712008 0 00 38 13 137498 WACFAR W ACONIA FARM SUPPLY 08 07 2008 0 00 29 42 137499 W ASMAN WASTE MANAGEMENT SA V AGE 08 07 2008 0 00 3 541 64 137500 WATSON WATSON COMPANY 08 0712008 0 00 183 80 137501 WeCat We Cater to You 08 0712008 0 00 639 00 137502 WILNUR WILSON S NURSERY INC 08 0712008 0 00 168 54 137503 wsb WSB ASSOCIATES INC 08 0712008 0 00 5 399 00 137504 WWGRA WW GRAINGER INC 08 07 2008 0 00 33 74 137505 ZEEMED ZEE MEDICAL SERVICE 08 07 2008 0 00 55 06 137506 AARP AARP 08 14 2008 0 00 240 00 137507 ACTMIN ACTA MINNESOTA JEFF ENGEL 08 14 2008 0 00 900 00 137508 ALTREB ALTERNATOR REBUILD CO 08 14 2008 0 00 125 67 137509 ARAMAR ARAMARK 08 14 2008 0 00 171 83 137510 BAGLGREG GREG BAGLEY 08 14 2008 0 00 180 00 137511 BCATRA BCA TRAINING DEVELOPMENT 08 14 2008 0 00 30 00 137512 BENPRO BENIEK PROPERTY SERVICES INC 08 14 2008 0 00 140 05 137513 CAMKNU CAMPBELL KNUTSON 08 14 2008 0 00 12 170 00 137514 CarlsCra Craig Carlson 08 1412008 0 00 74 99 137515 CA TP AR CATCOPARTS SERVICE 08 1412008 0 00 377 20 137516 CENENE CENTERPOINT ENERGY MINNEGASCO 08 14 2008 0 00 3 018 71 137517 CHADDENNDENNYCHADDERDON 08 14 2008 0 00 150 00 137518 COPIMA COPY IMAGES INC 08 14 2008 0 00 398 85 137519 CUBFOO CUB FOODS 08 14 2008 0 00 578 76 137520 DeepRock Deep Rock Water Company 08 14 2008 0 00 99 56 137521 ehledona Donald Ehler 08 1412008 0 00 100 00 137522 engwat Engel Water Testing Inc 08 1412008 0 00 350 00 137523 froemary Mary Louise Froemming 08 14 2008 0 00 38 42 137524 GAGNNANCNANCY GAGNER 08 14 2008 0 00 105 00 137525 GERHTODDTODD GERHARDT 08 1412008 0 00 425 00 137526 GOOTEC GOODPOINTE TECHNOLOGY INC 08 14 2008 0 00 2 585 00 137527 GOPSTA GOPHER STATE ONE CALL INC 08 1412008 0 00 957 15 137528 HANTHO HANSEN THORP PELLINEN OLSON 08 14 2008 0 00 1 824 00 137529 HARTRE HARTMAN TREE FARM 08 14 2008 0 00 15 247 61 137530 hawche HAWKINS CHEMICAL 08 14 2008 0 00 5 462 48 137531 HDsup HD Supply Waterworks LID 08 14 2008 0 00 2 249 73 137532 hoikoe HOISINGTON KOEGLER GROUP 08 14 2008 0 00 5 103 20 137533 HooThr Hoops Threads 08 14 2008 0 00 993 06 137534 ICMART ICMA RETIREMENT AND TRUST 457 08 14 2008 0 00 845 00 137535 IMPPOR IMPERIAL PORTA PALACE 08 14 2008 0 00 568 71 137536 INDSCH INDEPENDENT SCHOOL DIST 112 08 1412008 0 00 1 000 00 137537 INDSCH INDEPENDENT SCHOOL DIST 112 08 1412008 0 00 13 092 86 137538 INFRA T INFRA TECH 08 14 2008 0 00 1 837 57 137539 jacmot Jacob Motors of Shakopee LLC 08 14 2008 0 00 248 02 137540 JEFFIR JEFFERSON FIRE SAFETY INC 08 14 2008 0 00 77 58 137541 JIMBRO JIM BROWN S CULTURED SOD FARM 08 14 2008 0 00 126 53 137542 JoneAndr Andrew Jones 08 14 2008 0 00 150 00 137543 KILELE KILLMER ELECTRIC CO INC 08 14 2008 0 00 1 821 00 137544 laneq2 Lano Equipment of Norwood Inc 08 14 2008 0 00 123 30 137545 LietMars Marsha Lietz 08 14 2008 0 00 225 00 137546 LUNBRO LUNDGREN BROS CONSTRUCTION 08 14 2008 0 00 11 250 00 137547 MATRUA MARK J TRAUT WELLS INC 08 1412008 0 00 806 00 137548 MEDICA MEDICA 08 1412008 0 00 34 111 53 137549 MERACE MERLINS ACE HARDWARE 08 14 2008 0 00 1 737 08 137550 METATH METRO ATHLETIC SUPPLY 08 14 2008 0 00 425 47 137551 METROC METROCALL 08 14 2008 0 00 99 18 137552 MINLAN MINNESOTA LANDSCAPE ARBORETUM 08 14 2008 0 00 691 28 137553 MNCHIL MN CHILD SUPPORT PAYMENT CTR 08 14 2008 0 00 392 70 137554 MSRS MSRS 08 14 2008 0 00 2 808 15 137555 MTIDIS MTI DISTRIBUTING INC 08 14 2008 0 00 291 84 Page 2 433 CITY OF CHANHASSEN Accounts Payable Printed 08 15 2008 08 24 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 137556 MVEC MN V ALLEY ELECTRIC COOP 08 14 2008 0 00 132 79 137557 MXLog MX Logic 08 14 2008 0 00 97 00 137558 NATRET NATIONWIDE RETIREMENT SOLUTION 08 14 2008 0 00 5 286 26 137559 NYSPUB NYSTROM PUBLISHING COMPANY INC 08 14 2008 0 00 5 289 00 137560 OEHMPAULPAUL OEHME 08 14 2008 0 00 14 04 137561 ONVOY ONVOY 08 14 2008 0 00 561 82 137562 PARCON PARROTT CONTRACTING INC 08 14 2008 0 00 9 306 80 137563 PROONE PROTECTION ONE 08 14 2008 0 00 99 05 137564 PUMMET PUMP AND METER SERVICES INC 08 14 2008 0 00 53 25 137565 QWEST QWEST 08 14 2008 0 00 68 58 137566 RelOff Reliable Office Supplies 08 14 2008 0 00 309 64 137567 RIDMED RIDGEVIEW MEDICAL CENTER 08 14 2008 0 00 27 00 137568 RIDYMC RIDGEDALE YMCA 08 14 2008 0 00 4 310 80 137569 SABIDEAN DEAN SABINSKE 08 14 2008 0 00 100 00 137570 sautandr Andrew Sauter 08 14 2008 0 00 44 00 137571 SeaDiv Seaya Diving Inc 08 14 2008 0 00 517 72 137572 SEH SEH 08 14 2008 0 00 97 18 137573 SMHEN SM HENTGES SONS 08 14 2008 0 00 413 351 38 137574 Spounl Sports Unlimited 08 14 2008 0 00 2 256 00 137575 STPTRA ST PAUL TRAVELERS 08 14 2008 0 00 1 000 00 137576 SUBCHE SUBURBAN CHEVROLET 08 14 2008 0 00 142 25 137577 supwir Superior Wireless Communicatio 08 14 2008 0 00 141 38 137578 Theche The Chess Club ofMN 08 14 2008 0 00 2 804 20 137579 UB OOO 10 LENNAR 08 14 2008 0 00 1 750 00 137580 UNIW A Y UNITED WAY 08 14 2008 0 00 33 40 137581 USABLU USA BLUE BOOK 08 14 2008 0 00 308 12 137582 VOIGJEFF JEFF VOIGHT 08 14 2008 0 00 450 00 137583 W ACF AR W ACONIA FARM SUPPLY 08 14 2008 0 00 37 15 137584 WMMUE WM MUELLER SONS INC 08 14 2008 0 00 1 373 90 137585 WWGRA WW GRAINGER INC 08 14 2008 0 00 154 56 137586 WyfiDian Diane Wyffels 08 14 2008 0 00 100 00 Report Total 0 00 1 004 828 60 Page 3 434 CITY OF CHANHAS User danielle 3D SPECIALTIES 3DSPE 3D SPECIALTIES Ck 137434 08 07 08 Iny 427649 Line Item Date 07 29 08 Iny 427649 Total Ck 137434 Total 3DSPE 3D SPECIALTIES AARP AARP AARP Ck 137506 Iny 080708 Line Item Date 08 07 08 Iny 080708 Total Ck 137506 Total AARP AARP Line Item Description Css t shirts yellow 3D SPECIAL TIES 08 14 08 Line Item Description Defensiye Driying AARP ACTA MINNESOTA JEFF ENGEL ACTMIN ACTA MINNESOTA JEFF ENGEL Ck 137507 08 14 08 Iny 080808 Line Item Date 08 08 08 Iny 080808 Total Ck 137507 Total ACTMIN Line Item Description Daycamp resident non resident Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount Line Item Account 101 1320 4240 191 21 191 21 191 21 191 21 191 21 Line Item Account 101 1560 4300 240 00 240 00 240 00 240 00 240 00 Line Item Account 101 1538 4300 900 00 900 00 900 00 ACTA MINNESOTA JEFF ENGEL ACTA MINNESOTA JEFF ENGEL 900 00 AL TERNA TOR REBUILD CO AL TREB AL TERNA TOR REBUILD CO Ck 137508 08 14 08 Iny 40786 Line Item Date Line Item Description 08 06 08 Bosch Industrial Alt Rebuild Iny 40786 Total Ck 137508 Total ALTREB 900 00 Line Item Account 101 1320 4120 125 67 125 67 125 67 AL TERNA TOR REBUILD CO AL TERNA TOR REBUILD CO 125 67 125 67 Page 1 435 ARAMARK ARAMAR ARAMARK Account Ck 137509 08 14 08 Inv 612314 Line Item Date 08 07 08 Inv 612314 Total BAGLEY GREG BAGLGREG BAGLEY GREG Ck 137510 08 14 08 Inv 081208 Line Item Date 08 12 08 Inv 081208 Total BCA TRAINING DEVELOPMENT BCA TRA BCA TRAINING DEVELOPMENT Ck 137511 08 14 08 Inv 081308 Line Item Date 08 13 08 Inv 081308 Total CITY OF CHANHAS User danielle Ck 137509 Total ARAMAR ARAMARK Ck 137510 Total BAGLGREG BAGLEY GREG Ck 137511 Total BCATRA Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount 101 1170 4110 Line Item Description sugar creamer canister cory signature Line Item Account 101 1 170 4110 171 83 171 83 171 83 ARAMARK 171 83 171 83 Line Item Description Rec Ctr personal training Line Item Account 101 1533 4020 180 00 180 00 180 00 BAGLEY GREG 180 00 180 00 Line Item Description Criminal background investigations Line Item Account 101 1120 4300 30 00 30 00 30 00 BCA TRAINING DEVELOPMENT 30 00 BCA TRAINING DEVELOPMENT 30 00 Becker John beckjohn Becker John Ck 137435 08 07 08 Inv 080108 Line Item Date 08 01 08 Inv 080108 Total Ck 137435 Total beckjohn Becker John Line Item Description Reimburse for wood carving class Line Item Account 101 1731 4130 64 45 64 45 64 45 Becker John 64 45 64 45 Page 2 436 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount BENIEK PROPERTY SERVICES INC BENPRO BENIEK PROPERTY SERVICES INC Ck 137512 08 14 08 Iny 132554 Line Item Date 08 07 08 Iny 132554 Total Line Item Description landscaping fees Line Item Account 101 1260 4300 140 05 140 05 Ck 137512 Total 140 05 BENPRO BENIEK PROPERTY SERVICES INC 140 05 BENIEK PROPERTY SERVICES INC 140 05 BNR Irrigation Services Inc BNRIrr BNR Irrigation Services Inc Ck 137436 08 07 08 Iny 61946 Line Item Date 07 25 08 InY 61946 Total Line Item Description Service repairs Line Item Account 601 6018 4300 79 65 79 65 Ck 137436 Total 79 65 BNRIrr BNR Irrigation Services Inc 79 65 BNR Irrigation Services Inc 79 65 Boyer Truck Parts BOYTRU Boyer Truck Parts Ck 137437 08 07 08 InY 214434 Line Item Date 07 17 08 InY 214434 Total Line Item Description Misc part Line Item Account 101 1320 4140 22 55 22 55 Ck 137437 Total 22 55 BOYTRU Boyer Truck Parts 22 55 Boyer Truck Parts 22 55 CAMPBELL KNUTSON CAMKNU CAMPBELL KNUTSON Ck 137513 08 14 08 Iny 073108 Line Item Date 07 31 08 Iny 073108 Total Line Item Description legal services Line Item Account 101 1140 4302 12 170 00 12 170 00 Ck 137513 Total 12 170 00 CAMKNU CAMPBELL KNUTSON 12 170 00 CAMPBELL KNUTSON 12 170 00 Page 3 437 CARVER COUNTY TREASURER CARTRE CARVER COUNTY TREASURER Ck 137439 08 07 08 InY 080108 Line Item Date 08 01 08 Iny 080108 Total CITY OF CHANHAS User danielle Carlson Craig CarlsCra Carlson Craig Ck 137514 08 14 08 Iny 006495 Line Item Date 08 13 08 Iny 006495 Total Ck 137514 Total CarlsCra Carlson Craig Carmichiel Jim CarmJim Carmicbiel Jim Ck 137438 08 07 08 Iny 073108 Line Item Date 07 31 08 Iny 073108 Total Ck 137438 Total CarmJim Carmichiel Jim Ck 137439 Total CARTRE Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount Line Item Description clothing Line Item Account 700 0000 4240 74 99 74 99 74 99 Carlson Craig 74 99 74 99 Line Item Description Refund Gibbs Museum Pioneer Farmstead Line Item Account 101 1560 3637 72 00 72 00 72 00 Carmichiel Jim 72 00 72 00 Line Item Description 100 copies of recent changes @ 25 each Line Item Account 101 1150 4300 25 00 25 00 25 00 CARVER COUNTY TREASURER 25 00 CARVER COUNTY TREASURER 25 00 CA TCO PARTS SERVICE CATPAR CATCO PARTS SERVICE Ck 137440 08 07 08 Iny 357057 Line Item Date 07 31 08 Iny 357057 Total Ck 137440 Total Ck 137515 Iny 138548 Line Item Date 07 01 08 Iny 138548 Total Line Item Description Pintle Hook Only Line Item Account 101 1320 4140 311 64 311 64 311 64 08 14 08 Line Item Description U joint kit 1410 Line Item Account 700 0000 4140 43 84 43 84 Page 4 438 CITY OF CHANHAS User danielle Iny 143443 Line Item Date 08 01 08 Iny 143443 Total Iny 353745 Line Item Date 06 09 08 Iny 353745 Total Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount Line Item Description Lamp 3T flasher Line Item Account 101 1550 4120 75 15 75 15 Line Item Description Credit memo See inV 351906 Line Item Account 101 1260 4140 106 50 106 50 InY 9022581 Line Item Date Line Item Description 08 01 08 Pintle Hook Iny 9022581 Totm CENTERPOINT ENERGY MINNEGASCO CENENE CENTERPOINT ENERGY MINNEGASCO Ck 137516 08 14 08 Iny 073108 Line Item Date 07 31 08 07 31 08 07 3 1 08 07 31 08 07 31 08 07 31 08 Iny 073108 Total Ck 137515 Total CA TP AR CATCO PARTS SERVICE InY 081308 Line Item Date 08 13 08 08 13 08 08 13 08 08 13 08 08 13 08 08 13 08 InY 081308 Total Ck 137516 Total CENENE Line Item Account 101 1320 4120 364 71 364 71 377 20 CA TCO PARTS SERVICE 688 84 688 84 Line Item Description July gas bill July gas bill July gas bill July gas bill July gas bill July gas bill Line Item Account 700 0000 4320 101 1550 4320 700 7019 4320 10 1 1170 4320 101 1170 4320 10 1 1190 4320 10 12 15 98 38 72 92 39 128 65 2 433 39 2 719 25 Line Item Description Gas charges Gas charges Gas charges Gas charges Gas charges Gas charges Line Item Account 700 0000 4320 701 0000 4320 101 1551 4320 101 1530 4320 101 1370 4320 101 1220 4320 10 62 10 62 11 57 27 79 84 96 153 90 299 46 3 018 71 CENTERPOINT ENERGY MINNEGASCO 3 018 71 CENTERPOINT ENERGY MINNEGASCO 3 018 71 Century Gas LLC cengas Century Gas LLC Ck 137441 08 07 08 Iny 073108 Line Item Date 07 3 1 08 Iny 073108 Total Line Item Description Water Sewer Late chgs 20 cert fee Line Item Account 700 0000 3662 1 277 53 1 277 53 Page 5 439 CITY OF CHANHAS User danielle Ck 137441 Total cengas Century Gas LLC Century Gas LLC CENTURY TEL CENTEL CENTURY TEL Ck 137442 08 07 08 Inv 072108 Line Item Date 07 21 08 07 21 08 07 21 08 07 21 08 07 21 08 07 21 08 07 21 08 07 21 08 07 21 08 07 21 08 Inv 072108 Total Ck 137442 Total CENTEL CENTURY TEL Line Item Description July phone bill July phone bill July phone bill July phone bill July phone bill July phone bill July phone bill July phone bill July phone bill July phone bill CENTURY TEL CHADDERDON DENNY CHADDENN CHADDERDON DENNY Ck 137517 08 14 08 Inv 081208 Line Item Date Line Item Description 08 12 08 Adult softball rainout refund Inv 081208 Total Ck 137517 Total CHADDENN CHADDERDON DENNY CHADDERDON DENNY COPY IMAGES INC COPIMA COPY IMAGES INC Ck 137518 08 14 08 Inv 98863 Line Item Date Line Item Description 08 04 08 Konica 7040 Inv 98863 Total Ck 137518 Total COPIMA COPY IMAGES INC COPY IMAGES INC Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount 1 277 53 1 277 53 1 277 53 Line Item Account 701 0000 4310 700 0000 4310 101 1550 4310 101 1220 4310 101 1350 4310 101 1370 4310 101 1530 4310 101 1540 4310 101 1190 4310 101 1170 4310 6 13 6 14 33 60 35 64 44 50 49 09 69 05 94 96 145 14 1 035 53 1 519 78 1 519 78 1 519 78 1 519 78 Line Item Account 101 1766 3636 150 00 150 00 150 00 150 00 150 00 Line Item Account 101 1250 4530 398 85 398 85 398 85 398 85 398 85 Page 6 440 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount CUB FOODS CUBFOO CUB FOODS Ck 137519 08 14 08 InY 071708 Line Item Date 07 17 08 InY 071708 Total Line Item Description Misc groceries Jack Atkins Line Item Account 101 1220 4370 47 50 47 50 Iny 073108 Line Item Date 07 31 08 07 31 08 07 31 08 07 31 08 Iny 073108 Total Line Item Description Misc supplies Misc supplies Misc supplies Misc supplies Line Item Account 101 1613 4130 101 1616 4130 101 1618 4130 101 1540 4130 14 83 41 77 72 17 402 49 531 26 Ck 137519 Total 578 76 CUBFOO CUB FOODS 578 76 CUB FOODS 578 76 Cuddigan Custom Builders cudcus Cuddigan Custom Builders Ck 137443 08 07 08 Iny 080508 Line Item Date 08 05 08 08 05 08 Iny 080508 Total Line Item Description Landscape Escrow 90 15 Lake Riley Blyd Erosion Escrow 9015 Lake Riley Blyd Line Item Account 815 8201 2024 815 8202 2024 750 00 1 000 00 1 750 00 Ck 137443 Total 1 750 00 cudcus Cuddigan Custom Builders 1 750 00 Cuddigan Custom Builders 1 750 00 DAMON FARBER ASSOCIATES DAMFAR DAMON FARBER ASSOCIATES Ck 137444 08 07 08 Iny 20039 Line Item Date 07 31 08 Iny 20039 Total Line Item Description Professional Services for City Ctr Park Line Item Account 410 0000 4300 213 75 213 75 Ck 137444 Total 213 75 DAMFAR DAMON FARBER ASSOCIATES 213 75 DAMON FARBER ASSOCIATES 213 75 DANKA OFFICE IMAGING COMPANY DANKA DANKA OFFICE IMAGING COMPANY Ck 137445 08 07 08 InY 706174286 Line Item Date Line Item Description 08 01 08 Showrm Canon IRI05 Digital Copier InY 706174286 Totlli Line Item Account 101 1120 4410 879 13 879 13 Page 7 441 CITY OF CHANHAS User danieIle Ck 137445 Total DANKA Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount 879 13 DANKA OFFICE IMAGING COMPANY 879 13 DANKA OFFICE IMAGING COMPANY 879 13 Deep Rock Water Company DeepRock Deep Rock Water Company Ck 137520 08 14 08 Iny 6536294 Line Item Date Line Item Description 07 28 08 5 gaIlon spring rm temp cold cooler Iny 6536294 Total Ck 137520 Total DeepRock Line Item Account 101 1550 4120 99 56 99 56 99 56 Deep Rock Water Company 99 56 Deep Rock Water Company 99 56 Dolder Plumbing Heating LLC dolplu Dolder Plumbing Heating LLC Ck 137446 08 07 08 Iny 3640 Line Item Date 07 15 08 Iny 3640 Total InY 3641 Line Item Date 07 15 08 Iny 3641 Total Iny 3708 Line Item Date 07 15 08 Iny 3708 Total InY 3743 Line Item Date 07 15 08 InY 3743 Total Iny 3749 Line Item Date 07 15 08 Iny 3749 Total Ck 137446 Total dolplu Line Item Description Misc parts Line Item Account 700 0000 4300 1 329 25 1 329 25 Line Item Account 700 0000 4300 4 401 00 4 401 00 Line Item Account 700 0000 4300 617 00 617 00 Line Item Account 700 0000 4300 3 882 50 3 882 50 Line Item Account 700 0000 4300 1 375 00 1 375 00 11 604 75 11 604 75 11 604 75 Line Item Description Misc parts Line Item Description Misc parts Line Item Description Misc parts Line Item Description RP2 Tests Dolder Plumbing Heating LLC Dolder Plumbing Heating LLC Page 8 442 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount Ehler Donald ehledona Ehler Donald Ck 137521 08 14 08 Iny 081308 Line Item Date Line Item Description 08 13 08 Rebate Jenn air dw Iny 081308 Total Line Item Account 720 7204 4901 100 00 100 00 Ck 137521 Total 100 00 ehledona Ehler Donald 100 00 Ehler Donald 100 00 EMERGENCY APPARATUS MAINT INC EMEAPP EMERGENCY APPARATUS MAINT INC Ck 137447 08 07 08 Iny 072408 Line Item Date 07 24 08 Iny 072408 Total Line Item Description Hose Assy 24 LG orange seal kit Line Item Account 101 1220 4140 436 48 436 48 Ck 137447 Total 436 48 EMEAPP EMERGENCY APPARATUS MAINT INC 436 48 EMERGENCY APPARATUS MAINT INC 436 48 EMERGENCY AUTOMOTIVE TECH INC EMEAUT EMERGENCY AUTOMOTIVE TECH INC Ck 137448 08 07 08 Iny JER0721085 Line Item Date Line Item Description 07 21 08 Multi mode flasher Iny JER0721085 Total Line Item Account 101 1220 4140 72 78 72 78 Ck 137448 Total 72 78 EMEAUT EMERGENCY AUTOMOTIVE TECH INC 72 78 EMERGENCY AUTOMOTIVE TECH INC 72 78 Engel Water Testing Ine engwat Engel Water Testing Ine Ck 137522 08 14 08 Iny 085439 Line Item Date 07 30 08 Iny 085439 Total Line Item Description 25 water samples collected 07 29 08 Line Item Account 700 0000 4509 350 00 350 00 Ck 137522 Total 350 00 engwat Engel Water Testing Ine 350 00 Engel Water Testing Ine 350 00 Page 9 443 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount FACTORY MOTOR PARTS COMPANY facmot FACTORY MOTOR PARTS COMPANY Ck 137449 08 07 08 Inv 12882011 Line Item Date Line Item Description 06 19 08 Battery core return Inv 12882011 Total FACMOT FACTORY MOTOR PARTS COMPANY Line Item Account 101 1550 4120 24 00 24 00 Line Item Account 101 1320 4140 67 63 67 63 Line Item Account 101 1550 4120 56 41 56 41 Line Item Account 101 1550 4120 8 00 8 00 Line Item Account 700 0000 4140 61 74 61 74 Line Item Account 101 1550 4140 20 00 20 00 Line Item Account 101 1320 4120 22 89 22 89 Line Item Account 101 1320 4120 109 85 109 85 85 48 85 48 85 48 Inv 12883098 Line Item Date Line Item Description 06 23 08 Batttery Defective Inv 12883098 Total Inv 12888224 Line Item Date Line Item Description 06 30 08 Battery 1nv 12888224 Total Inv 12891938 Line Item Date Line Item Description 07 03 08 Credit for Battery Cores Inv 12891938 Total Inv 12896819 Line Item Date Line Item Description 07 14 08 Battery CCA500 Inv 12896819 Total Inv 12900738 Line Item Date Line Item Description 07 17 08 Credit for Battery Cores Inv 12900738 Totm Inv 12903586 Line Item Date Line Item Description 07 22 08 Credit for Battery Warranty Inv 12903586 Total Inv 61058553 Line Item Date Line Item Description 07 18 08 60 Series Batt PP64 Inv 61058553 Total Ck 137449 Total FACTORY MOTOR PARTS COMPANY Froemming Mary Louise froemary Froemming Mary Louise Ck 137523 08 14 08 Inv 080808 Line Item Date 08 08 08 Inv 080808 Total Line Item Description Refund utility pymnt acct 18760 000 001 Line Item Account 700 0000 4901 38 42 38 42 Ck 137523 Total 38 42 Page 10 444 CITY OF CHANHAS User danielle froemary Froemming Mary Louise Froemming Mary Louise FULL BLOOM FULLBLOO FULL BLOOM Ck 137431 08 04 08 Iny 073108 Line Item Date 07 3 1108 Iny 073108 Total Ck 137431 Total FULLBLOO FULL BLOOM Line Item Description presentation fee FULL BLOOM GAGNER NANCY GAGNNANC GAGNER NANCY Ck 137524 08 14 08 Iny 080808 Line Item Date 08 08 08 08 08 08 08 08 08 Iny 080808 Total Ck 137524 Total GAGNNANC GAGNER NANCY Gay Nancy GayNanc Gay Nancy Ck 137450 08 07 08 InY 080408 Line Item Date 08 04 08 Iny 080408 Total Ck 137450 Total GayNanc Gay Nancy Line Item Description Instructor fee Mom n Me Supplies for Mom n Me Instructor fee Make n Take GAGNER NANCY Line Item Description Refund Babysitting Training Gay Nancy GERHARDT TODD GERHTODD GERHARDT TODD Ck 137525 08 14 08 Iny 080808 Line Item Date 08 08 08 Iny 080808 Total Ck 137525 Total Line Item Description Aug 08 Car Allowance Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount 38 42 38 42 Line Item Account 101 1560 4300 150 00 150 00 150 00 150 00 150 00 Line Item Account 101 1711 4300 101 1711 4130 101 1731 4300 25 00 30 00 50 00 105 00 105 00 105 00 105 00 Line Item Account 101 1538 3631 50 00 50 00 50 00 50 00 50 00 Line Item Account 101 1120 4380 425 00 425 00 425 00 Page 11 445 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 GERHTODD GERHARDT TODD Amount 425 00 GERHARDT TODD 425 00 GOODPOINTE TECHNOLOGY INC GOOTEC GOODPOINTE TECHNOLOGY INC Ck 137451 08 07 08 Iny 1067 Line Item Date 07 29 08 Iny 1067 Total Line Item Description Parking Lot Survey Line Item Account 101 1310 4300 2 100 00 2 100 00 Ck 137451 Total 2 100 00 Ck 137526 Iny 1058 Line Item Date 06 30 08 Iny 1058 Total 08 14 08 Line Item Description Roadway pavement condition survey Line Item Account 101 1310 4300 2 585 00 2 585 00 Ck 137526 Total 2 585 00 GOOTEC GOODPOINTE TECHNOLOGY INC 4 685 00 GOODPOINTE TECHNOLOGY INC 4 685 00 GOPHER STATE ONE CALL INC GOPSTA GOPHER STATE ONE CALL INC Ck 137527 08 14 08 Iny 8070377 Line Item Date Line Item Description 07 31 08 participation in Gopher State One Call Iny 8070377 Totm Line Item Account 400 0000 4300 957 15 957 15 Ck 137527 Total 957 15 GOPST A GOPHER STATE ONE CALL INC 957 15 GOPHER STATE ONE CALL INC 957 15 HALDEMAN HOMME INC HALHOM HALDEMAN HOMME INC Ck 137452 08 07 08 Iny 128405 Line Item Date Line Item Description 07 29 08 Chairs Settee Iny 128405 Total Line Item Account 400 0000 4703 17 414 51 17 414 51 Ck 137452 Total 17 414 51 HALHOM HALDEMAN HOMME INC 17 414 51 HALDEMAN HOMME INC 17 414 51 Page 12 446 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount HANSEN THORP PELLINEN OLSON HANTHO HANSEN THORP PELLINEN OLSON Ck 137528 08 14 08 Iny 17327 Line Item Date 08 06 08 Iny 17327 Total Line Item Description Construction stakingIMoccassin Longacres Line Item Account 720 7203 4300 1 200 00 1 200 00 Iny 17346 Line Item Date 08 07 08 Iny 17346 Total Line Item Description Lake Ann shelter ballfield lighting Line Item Account 410 0000 4300 624 00 624 00 Ck 137528 Total 1 824 00 HANTHO HANSEN THORP PELLINEN OLSON 1 824 00 HANSEN THORP PELLINEN OLSON 1 824 00 HARTMAN TREE FARM HARTRE HARTMAN TREE FARM Ck 137529 08 14 08 Iny 5573 Line Item Date 06 30 08 Iny 5573 Total Line Item Description Trees planted in May Line Item Account 720 7202 4300 14 404 13 14 404 13 InY 5618 Line Item Date 06 30 08 Iny 5618 Total Line Item Description downtown tree replacement Line Item Account 720 7202 4300 843 48 843 48 Ck 137529 Total 15 247 61 HARTRE HARTMAN TREE FARM 15 247 61 HARTMAN TREE FARM 15 247 61 HAWKINS CHEMICAL HA WCHE HAWKINS CHEMICAL Ck 137530 08 14 08 Iny 1214761RI Line Item Date Line Item Description 07 29 08 chemicals water dept Iny 1214761RI Total Line Item Account 700 7019 4160 362 14 362 14 Iny 1215639RI Line Item Date Line Item Description 07 30 08 chemical water plant Iny 1215639RI Total Line Item Account 700 7019 4160 5 100 34 5 100 34 Ck 137530 Total 5 462 48 hawche HAWKINS CHEMICAL 5 462 48 HAWKINS CHEMICAL 5 462 48 Page 13 447 CITY OF CHANHAS User danielle HD Supply Waterworks L TD HDsup HD Supply Waterworks LTD Ck 137453 08 07 08 Iny 7628454 Line Item Date Line Item Description 07 24 08 Fig RingIFF RR Gasket Iny 7628454 Total Iny 7635055 Line Item Date Line Item Description 07 25 08 Misc parts supplies Iny 7635055 Total Iny 7640356 Line Item Date Line Item Description 07 28 08 Misc parts supplies Iny 7640356 Total Iny 7644514 Line Item Date Line Item Description 07 29 08 Misc parts supplies Iny 7644514 Total Ck 137453 Total Ck 137531 08 14 08 Iny 7642711 Line Item Date Line Item Description 08 05 08 Misc parts supplies Iny 7642711 Total Iny 7690497 Line Item Date Line Item Description 08 05 08 PLY REMOTE WIRE Iny 7690497 Total Iny 7709493 Line Item Date Line Item Description 08 07 08 FLG FF RR Gasket Iny 7709493 Total Ck 137531 Total HDsup HD Supply Waterworks LTD HD Supply Waterworks LTD Hillebrand Jeramiah h iIIj era Hillebrand Jeramiah Ck 137454 08 07 08 Iny 080508 Line Item Date 08 05 08 Iny 080508 Total Line Item Description Refund Solicitor ID badge deposit Ck 137454 Total hilljera Hillebrand Jeramiah Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount Line Item Account 700 0000 4550 12 76 12 76 Line Item Account 700 0000 4550 131 95 131 95 Line Item Account 700 0000 4550 119 54 119 54 Line Item Account 700 0000 4260 319 02 319 02 583 27 Line Item Account 700 0000 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Threads HooThr Hoops Threads Ck 137533 08 14 08 InY 361 Line Item Date 07 07 08 InY 361 Total Line Item Description t shirts screenprinting FD logo nametag Line Item Account 101 1220 4240 890 56 890 56 Iny 372 Line Item Date 07 23 08 Iny 372 Total Line Item Description clothing Line Item Account 700 0000 4240 102 50 102 50 Ck 137533 Total 993 06 HooThr Hoops Threads 993 06 Hoops Threads 993 06 I Spaee Furniture Iue ispaee I Spaee Furniture Iue Ck 137456 08 07 08 Iny 24039 Line Item Date 07 24 08 Iny 24039 Total Line Item Description Chairs Line Item Account 400 0000 4703 1 246 05 1 246 05 Ck 137456 Total 1 246 05 ispaee I Spaee Furniture Iue 1 246 05 Page 15 449 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 I Spaee Furniture Ine Amount 1 246 05 ICMA RETIREMENT AND TRUST 457 ICMART ICMA RETIREMENT AND TRUST 457 Ck 137534 08 14 08 Iny Line Item Date 08 12 08 08 12 08 08 12 08 Iny Total Line Item Description PR Batch 415 82008 ICMA PR Batch 41582008 ICMA PR Batch 41582008 ICMA Line Item Account 210 0000 2009 720 0000 2009 101 0000 2009 40 00 100 00 705 00 845 00 Ck 137534 Total 845 00 ICMART ICMA RETIREMENT AND TRUST 457 845 00 ICMA RETIREMENT AND TRUST 457 845 00 IMPERIAL PORTA PALACE IMPPOR IMPERIAL PORTA PALACE Ck 137455 08 07 08 Iny 6769 Line Item Date Line Item Description 07 11 08 Portable restroom rental Iny 6769 Total Line Item Account 101 1550 4400 663 50 663 50 Iny 6771 Line Item Date Line Item Description 07 11 08 Portable restroom rental InY 6771 Total Line Item Account 101 1550 4400 2 773 26 2 773 26 Iny 6772 Line Item Date Line Item Description 07 11 08 Portable restroom rental Iny 6772 Total Line Item Account 101 1550 4400 338 67 338 67 Iny 6773 Line Item Date Line Item Description 07 11 08 Portable restroom rental Iny 6773 Total Line Item Account 101 1613 4400 5 981 04 5 981 04 Ck 137455 Total 9 756 47 Ck 137535 Iny 6770 Line Item Date 07 11 08 Iny 6770 Total 08 14 08 Line Item Description rental service for portable restroom Line Item Account 101 1550 4400 568 71 568 71 Ck 137535 Total 568 71 IMPPOR IMPERIAL PORTA PALACE 10 325 18 IMPERIAL PORTA PALACE 10 325 18 Page 16 450 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount INDEPENDENT SCHOOL DIST 112 INDSCH INDEPENDENT SCHOOL DIST 112 Ck 137536 08 14 08 Inv 081208 Line Item Date 08 12 08 Inv 081208 Total Line Item Description Water meter security refund Line Item Account 815 8221 2024 1 000 00 1 000 00 Ck 137536 Total 1 000 00 Ck 137537 Inv 02082 Line Item Date 08 07 08 Inv 02082 Total 08 14 08 Line Item Description Bluff Creek Joint Powers Agreement Line Item Account 101 1530 4320 13 092 86 13 092 86 Ck 137537 Total 13 092 86 INDSCH INDEPENDENT SCHOOL DIST 112 14 092 86 INDEPENDENT SCHOOL DIST 112 14 092 86 INFRA TECH INFRA T INFRATECH Ck 137538 08 14 08 Inv 0800424 Line Item Date Line Item Description 07 21 08 Misc parts supplies Inv 0800424 Total Line Item Account 701 0000 4530 289 06 289 06 Inv 0800435 Line Item Date Line Item Description 07 21 08 PSI piranah jet hose Inv 0800435 Total Line Item Account 701 0000 4530 1 548 51 1 548 51 Ck 137538 Total 1 837 57 INFRA T INFRA TECH 1 837 57 INFRA TECH 1 837 57 Jacob Motors of Shakopee LLC jacmot Jacob Motors of Shakopee LLC Ck 137539 08 14 08 Inv 27182 Line Item Date 07 17 08 Inv 27182 Total Line Item Description Misc parts Line Item Account 101 1260 4140 114 89 114 89 Inv 27204 Line Item Date 07 21 08 Inv 27204 Total Line Item Description Misc parts Line Item Account 10 1 1220 4140 133 13 133 13 Ck 137539 Total 248 02 jacmot Jacob Motors of Shakopee LLC 248 02 Page 17 451 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Jacob Motors of Shakopee LLC Amount 248 02 Jany Pavel JanyPave Jany Pavel Ck 137457 08 07 08 Iny 073108 Line Item Date Line Item Description 07 31 08 Performance fee 07 31 08 Iny 073108 Total Line Item Account 101 1620 4300 475 00 475 00 Ck 137457 Total 475 00 JanyPave Jany Pavel 475 00 Jany Pavel 475 00 JEFFERSON FIRE SAFETY INC JEFFIR JEFFERSON FIRE SAFETY INC Ck 137540 08 14 08 InY 151257 Line Item Date Line Item Description 08 09 08 Perf Ady Co Hand1elok Iny 151257 Total Line Item Account 101 1220 4290 77 58 77 58 Ck 137540 Total 77 58 JEFFIR JEFFERSON FIRE SAFETY INC 77 58 JEFFERSON FIRE SAFETY INC 77 58 JENKINS JOEL JenkJoel JENKINS JOEL Ck 137458 08 07 08 InY 080108 Line Item Date 08 01 08 InY 080108 Total Line Item Description Adult Softball Umpire 21 games @ 22 50 Line Item Account 101 1766 4300 472 50 472 50 Ck 137458 Total 472 50 JenkJoel JENKINS JOEL 472 50 JENKINS JOEL 472 50 JERRY S TRANSMISSION SER JERTRA JERRY S TRANSMISSION SER Ck 137459 08 07 08 InY 0011551 Line Item Date Line Item Description 07 24 08 Repairs for 08 Chev K1500 Iny 0011551 Total Line Item Account 400 4135 4704 9 198 80 9 198 80 Ck 137459 Total 9 198 80 JERTRA JERRY S TRANSMISSION SER 9 198 80 JERRY S TRANSMISSION SER 9 198 80 Page 18 452 CITY OF CHANHAS User danielle JIM BROWN S CULTURED SOD FARM JIMBRO JIM BROWN S CULTURED SOD FARM Ck 137541 08 14 08 Iny 9096 Line Item Date Line Item Description 08 05 08 90 rolls sod Iny 9096 Total Ck 137541 Total JIMBRO Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount Line Item Account 101 1550 4150 126 53 126 53 126 53 JIM BROWN S CULTURED SOD FARM 126 53 JIM BROWN S CULTURED SOD FARM Jones Andrew JoneAndr Jones Andrew Ck 137542 08 14 08 Iny 050308 Line Item Date Line Item Description 05 03 08 Honorarium for lecture 05 03 08 Iny 050308 Total Ck 137542 Total JoneAndr Jones Andrew Jones Andrew KA TH FUEL OIL SERVICE KA TFUE KA TH FUEL OIL SERVICE Ck 137460 08 07 08 Iny 224132 Line Item Date Line Item Description 07116 08 Oil Iny 224132 Total Iny 224805 Line Item Date Line Item Description 07 15 08 Unleaded Fuel Iny 224805 Total Ck 137460 Total KATFUE KA TH FUEL OIL SERVICE KA TH FUEL OIL SERVICE KILLMER ELECTRIC CO INC KILELE KILLMER ELECTRIC CO INC Ck 137461 08 07 08 Iny 66807 Line Item Date 07 22 08 Iny 66807 Total Line Item Description Black tape stranded wire labor Ck 137461 Total 126 53 Line Item Account 720 7201 4130 150 00 150 00 150 00 150 00 150 00 Line Item Account 101 1370 4170 1 114 26 1 114 26 Line Item Account 101 1370 4170 31 207 89 31 207 89 32 322 15 32 322 15 32 322 15 Line Item Account 101 1350 4565 713 27 713 27 713 27 Page 19 453 CITY OF CHANHAS User danielle Ck 137543 Iny 66908 Line Item Date 08 05 08 Iny 66908 Total Ck 137543 Total KILELE Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount 08 14 08 Line Item Description Lighting retrofit Chanhassen MN Line Item Account 101 1320 4565 1 821 00 1 821 00 1 821 00 KILLMER ELECTRIC CO INC 2 534 27 KILLMER ELECTRIC CO INC 2 534 27 KRAUS ANDERSON CONSTRUCTION KRAAND KRAUS ANDERSON CONSTRUCTION Ck 137462 08 07 08 Iny 080508 Line Item Date 08 05 08 Iny 080508 Total Ck 137462 Total KRAAND Line Item Description Encroachment 600 Market Street Line Item Account 101 1310 3629 100 00 100 00 100 00 KRAUS ANDERSON CONSTRUCTION 100 00 KRAUS ANDERSON CONSTRUCTION 100 00 Lano Equipment of Norwood Inc laneq2 Lano Equipment of Norwood Inc Ck 137544 08 14 08 InY 75159 Line Item Date 07 30 08 Iny 75159 Total Ck 137544 Total laneq2 Line Item Description Misc parts supplies Line Item Account 101 1550 4120 123 30 123 30 123 30 Lano Equipment of Norwood Inc 123 30 Lano Equipment of Norwood Inc 123 30 LANZI BOB LANZBOB LANZI BOB Ck 137463 08 07 08 Iny 080508 Line Item Date 08 05 08 Iny 080508 Total Ck 137463 Total LANZBOB LANZI BOB Line Item Description Adult softball umpire 6 games @ 22 50 Line Item Account 101 1766 4300 135 00 135 00 135 00 LANZI BOB 135 00 135 00 Page 20 454 CITY OF CHANHAS User danielle LENNAR UB 00010 LENNAR Ck 137579 08 14 08 Inv 081208 Line Item Date 08 12 08 08 12 08 Inv 081208 Total Ck 137579 Total UB 00010 LENNAR Lietz Marsha LietMars Lietz Marsha Ck 137545 08 14 08 Inv 080608 Line Item Date 08 06 08 Inv 080608 Total Ck 137545 Total LietMars Lietz Marsha Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount Line Item Description Landscape escrow 2061 Pinehurst Dr Erosion escrow 2061 Pinehurst Dr Line Item Account 815 8201 2024 815 8202 2024 750 00 1 000 00 1 750 00 1 750 00 LENNAR 1 750 00 1 750 00 Line Item Description Discus employee performance objectives Line Item Account 101 1420 4370 225 00 225 00 225 00 Lietz Marsha 225 00 225 00 LOCATORS AND SUPPLIES INC LOCSUP LOCATORS AND SUPPLIES INC Ck 137464 08 07 08 Inv 0165675IN Line Item Date Line Item Description 07 22 08 Safety Equipment Inv 0165675IN Total Ck 137464 Total LOCSUP Line Item Account 101 1320 4240 175 52 175 52 175 52 LOCATORS AND SUPPLIES INC 175 52 LOCATORS AND SUPPLIES INC 175 52 LUNDGREN BROS CONSTRUCTION LUNBRO LUNDGREN BROS CONSTRUCTION Ck 137546 08 14 08 Inv 081208 Line Item Date 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 Line Item Description Erosion escrow 9984 Trails End Rd Landscape escrow 2081 Pinehurst Dr Landscape escrow 2091 Pinehurst Landscape escrow 21 01 Pinehurst Landscape escrow 2111 Pinehurst Landscape escrow 4140 Kings Road Landscape escrow 4150 Kings Road Landscape escrow 6840 Ruby Ln Landscape escrow 7569 Ridgeview Pt Landscape escrow 9984 Trails End Rd Erosion escrow 2081 Pinehurst Dr Line Item Account 815 8202 2024 815 8201 2024 815 8201 2024 815 8201 2024 815 8201 2024 815 8201 2024 815 8201 2024 815 8201 2024 815 8201 2024 815 8201 2024 815 8202 2024 500 00 750 00 750 00 750 00 750 00 750 00 750 00 750 00 750 00 750 00 1 000 00 Page 21 455 CITY OF CHANHAS User danielle 08 12 08 08 12 08 08 12 08 Inv 081208 Total Ck 137546 Total LUNBRO Erosion escrow 2091 Pinehurst Erosion escrow 2101 Pinehurst Erosion escrow 2111 Pinehurst Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 815 8202 2024 815 8202 2024 815 8202 2024 Amount 1 000 00 1 000 00 1 000 00 11 250 00 11 250 00 LUNDGREN BROS CONSTRUCTION LUNDGREN BROS CONSTRUCTION 11 250 00 MACTA MACTA MACTA Ck 137465 08 07 08 Inv 071608 Line Item Date Line Item Description 07 16 08 eMACTA Seminar Inv 071608 Total Ck 137465 Total MACTA MACTA MACTA MARK J TRAUT WELLS INC MA TRUA MARK J TRAUT WELLS INC Ck 137547 08 14 08 Inv 207914 Line Item Date Line Item Description 07 31 08 Labor Chanhassen well 3 Inv 207914 Total Ck 137547 Total MATRUA 11 250 00 Line Item Account 210 0000 4300 25 00 25 00 25 00 25 00 25 00 Line Item Account 700 0000 4550 806 00 806 00 806 00 MARK J TRAUT WELLS INC MARK J TRAUT WELLS INC 806 00 MEDICA MEDICA MEDICA Ck 137548 08 14 08 Inv 081308 Line Item Date 08 13 08 08 13 08 08 13 08 08 13 08 08 13 08 08 13 08 Inv 081308 Total Ck 137548 Total MEDICA MEDICA Line Item Description September bill Cobra September bill September bill September bill September bill September bill MEDICA 806 00 Line Item Account 10 1 0000 2012 210 0000 2012 720 0000 2012 701 0000 2012 700 0000 2012 101 0000 2012 265 52 431 42 1 758 65 2 100 43 2 764 04 26 791 47 34 111 53 34 111 53 34 111 53 34 111 53 Page 22 456 MERLINS ACE HARDWARE MERACE MERLINS ACE HARDWARE Ck 137549 08 14 08 Inv 073108 Line Item Date 07 31 08 07 31 08 07 31 08 07 31 08 07 31 08 07 3 1 08 07 31 08 07 31 08 07 31 08 07 31 08 07 31 08 07 31 08 07 31 08 07 31 08 07 31 08 07 31 08 07 31 08 07 31 08 Inv 073108 Total CITY OF CHANHAS User danielle Ck 137549 Total MERACE Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount Line Item Description Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Line Item Account 101 1310 4300 701 0000 4150 101 1250 4140 700 7019 4150 101 1220 4520 700 0000 4550 700 0000 4530 101 1550 4260 700 0000 4120 101 1220 4290 101 1600 4130 700 0000 4150 700 7019 4550 101 1613 4130 700 0000 4260 101 1550 4150 101 1320 4120 101 1550 4120 1 60 13 42 13 83 23 19 31 42 34 10 34 30 43 14 43 97 44 09 54 73 60 13 71 36 82 64 87 34 107 36 175 57 814 89 1 737 08 1 737 08 MERLINS ACE HARDWARE 1 737 08 MERLINS ACE HARDWARE 1 737 08 METRO ATHLETIC SUPPLY META TH METRO A THLETIC SUPPLY Ck 137550 08 14 08 Inv 109642 Line Item Date 08 08 08 Inv 109642 Total Ck 137550 Total MET A TH Line Item Description Softballs Fall League Line Item Account 101 1767 4130 425 47 425 47 425 47 METRO A THLETIC SUPPLY 425 47 METRO A THLETIC SUPPLY 425 47 METROCALL METROC METRO CALL Ck 137551 08 14 08 Inv 081108 Line Item Date 08 11 08 08 11 08 08 11 08 08 11 08 08 11 08 Inv 081108 Total Ck 137551 Total Line Item Description wireless services fees wireless services fees wireless services fees wireless services fees wireless services fees Line Item Account 101 1320 4310 101 1220 4310 701 0000 4310 700 0000 4310 101 1260 4310 3 76 7 25 7 34 7 34 73 49 99 18 99 18 Page 23 457 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 METROC METROCALL Amount 99 18 METROCALL 99 18 METROPOLITAN COUNCIL METC02 METROPOLITAN COUNCIL Account 701 0000 4509 Ck 137466 08 07 08 Iny 0000878846 Line Item Date Line Item Description 08 04 08 Wastewater flow for Chanhassen Iny 0000878846 Total Line Item Account 701 0000 4509 99 349 53 99 349 53 Ck 137466 Total 99 349 53 METC02 METROPOLITAN COUNCIL 99 349 53 METROPOLITAN COUNCIL 99 349 53 MINNESOTA LANDSCAPE ARBORETUM MINLAN MINNESOTA LANDSCAPE ARBORETUM Ck 137552 08 14 08 Iny 13051 Line Item Date 08 06 08 Iny 13051 Total Line Item Description Dining Serices contract 08 01 08 Line Item Account 101 1110 4375 691 28 691 28 Ck 137552 Total 691 28 MINLAN MINNESOTA LANDSCAPE ARBORETUM 691 28 MINNESOTA LANDSCAPE ARBORETUM 691 28 MN CHILD SUPPORT PAYMENT CTR MNCHIL MN CHILD SUPPORT PAYMENT CTR Ck 137553 08 14 08 InY 081508 Line Item Date 08 12 08 InY 081508 Total Line Item Description Pay Date 8 15 08 Case ID 001130771501 Line Item Account 10 1 0000 2006 34 61 34 61 InY 08152008 Line Item Date Line Item Description 08 12 08 Pay Date 8 15 08 Case ID 001472166101 08 12 08 Pay Date 8 15 08 Case ID 001472166101 InY 08152008 Total Line Item Account 701 0000 2006 700 0000 2006 163 05 195 04 358 09 Ck 137553 Total 392 70 MNCHIL MN CHILD SUPPORT PAYMENT CTR 392 70 MN CHILD SUPPORT PAYMENT CTR 392 70 MN VALLEY ELECTRIC COOP MVEC MN VALLEY ELECTRIC COOP Ck 137469 08 07 08 Iny 072808 Line Item Date 07 28 08 07 28 08 Line Item Description July Energy Bill July Energy Bill Line Item Account 700 0000 4320 10 1 1600 4320 24 22 36 20 Page 24 458 CITY OF CHANHAS User danielle 07 28 08 07 28 08 Iny 072808 Total Ck 137469 Total Ck 137556 InY 081308 Line Item Date 08 13 08 08 13 08 Iny 081308 Total Ck 137556 Total MVEC Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 July Energy Bill July Energy Bill Amount 315 84 3 367 40 3 743 66 701 0000 4320 101 1350 4320 3 743 66 08 14 08 Line Item Description Aug electric bill Aug electric bill Line Item Account 101 1350 4320 101 1350 4320 30 59 102 20 132 79 132 79 MN VALLEY ELECTRIC COOP 3 876 45 MN VALLEY ELECTRIC COOP 3 876 45 MN VALLEY WHOLESALE MNWHO MN V ALLEY WHOLESALE Ck 137467 08 07 08 Iny 75886 Line Item Date 07 29 08 Iny 75886 Total Ck 137467 Total MNWHO Line Item Description Mulch Boundary Wat Pine Bark Line Item Account 101 1550 4120 181 05 181 05 181 05 MN VALLEY WHOLESALE 181 05 MN VALLEY WHOLESALE 181 05 MSRS MSRS MSRS Ck 137554 Iny Line Item Date 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 14 08 Line Item Description PR Batch 415 82008 Post Health 05 Emplr NO FICA PR Batch 41582008 Post Health 05 Emplr PR Batch 41582008 Post Health 3 Emplr PR Batch 415 8 2008 Post Health 3 Emplr PR Batch 415 8 2008 Post Health 1 Emplr NO FICA PR Batch 41582008 Post Health 05 Emplr PR Batch 415 8 2008 Post Health 05 Emplr PR Batch 415 82008 Post Health 05 Emplr PR Batch 415 82008 Post Health 1 Emplr PR Batch 415 82008 Post Health 1 Emplr PR Batch 41582008 Ret Health 5 PR Batch 41582008 Post Health 1 Emplr PR Batch 41582008 Ret Health 3 PR Batch 41582008 Ret Health 3 PR Batch 41582008 Post Health I Emplr PR Batch 41582008 Post Health 2 Emplr PR Batch 41582008 Post Health 2 Emplr PR Batch 41582008 Ret Health 5 PR Batch 41582008 Ret Health 5 PR Batch 41582008 Ret Health 5 NO FICA PR Batch 41582008 Post Health 05 Emplr Line Item Account 101 0000 2016 210 0000 2016 701 0000 2016 700 0000 2016 101 0000 2016 701 0000 2016 700 0000 2016 720 0000 2016 210 0000 2016 720 0000 2016 210 0000 2016 701 0000 2016 700 0000 2016 701 0000 2016 700 0000 2016 700 0000 2016 701 0000 2016 700 0000 2016 701 0000 2016 10 1 0000 20 16 101 0000 2016 0 14 0 23 0 28 0 30 0 40 0 54 0 55 1 41 1 50 1 97 2 91 3 47 3 72 3 72 5 68 6 23 6 77 7 05 7 09 9 54 10 06 Page 25 459 CITY OF CHANHAS User danielle 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 08 12 08 Inv Total Ck 137554 Total MSRS MSRS Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 PR Batch 41582008 Post Health 3 Emplr PR Batch 415 8 2008 Ret Health 5 PR Batch 415 8 2008 Ret Health 1 PR Batch 41582008 Post Health 5 Emplr PR Batch 415 8 2008 Ret Health 1 PR Batch 415 8 2008 Ret Health 1 NO FICA PR Batch 415 8 2008 Post Health 1 Emplr PR Batch 415 82008 Post Health 7 Emplr PR Batch 415 8 2008 Ret Health 1 PR Batch 415 82008 Post Health 2 Emplr PR Batch 415 8 2008 Ret Health 1 PR Batch 415 82008 Ret Health 2 PR Batch 415 82008 Ret Health 2 PR Batch 41582008 Ret Health 5 PR Batch 41582008 Ret Health 3 PR Batch 415 8 2008 Ret Health 5 PR Batch 415 8 2008 Ret Health 1 PR Batch 41582008 Ret Health 7 PR Batch 41582008 Ret Health 2 Amount 11 79 18 45 19 63 20 44 25 87 27 51 36 69 41 82 45 45 47 12 74 16 81 57 88 52 131 40 154 35 267 28 480 01 546 68 615 85 2 808 15 10 1 0000 20 16 720 0000 2016 210 0000 2016 101 0000 2016 720 0000 2016 101 0000 2016 101 0000 2016 101 0000 2016 701 0000 2016 10 1 0000 20 16 700 0000 2016 700 0000 2016 701 0000 2016 10 1 0000 2016 101 0000 2016 101 0000 2016 101 0000 2016 10 1 0000 2016 10 1 0000 20 16 2 808 15 MSRS 2 808 15 2 808 15 MTI DISTRIBUTING INC MTIDIS MTI DISTRIBUTING INC Ck 137468 08 07 08 Inv 62878100 Line Item Date Line Item Description 07 08 08 Misc parts supplies Inv 62878100 Total Line Item Account 101 1550 4120 276 36 276 36 Inv 62878101 Line Item Date Line Item Description 07 09 08 Misc parts supplies Inv 62878101 Total Ck 137468 Total Line Item Account 101 1550 4120 197 61 197 61 473 97 Ck 137555 08 14 08 Inv 63341800 Line Item Date Line Item Description 07 31 08 misc parts Inv 63341800 Total Ck 137555 Total MTIDIS Line Item Account 101 1550 4120 291 84 291 84 291 84 MTI DISTRIBUTING INC 765 81 MTI DISTRIBUTING INC 765 81 Page 26 460 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 08 I5 08 08 25 Amount MX Logic MXLog MX Logic Ck 137557 08 I4 08 InY INVI98040 Line Item Date Line Item Description 08 01 08 Anti SPAMNirus Filter Service Aug Iny INV198040 Total Line Item Account 101 1160 4300 97 00 97 00 Ck 137557 Total 97 00 MXLog MX Logic 97 00 MX Logic 97 00 NATIONAL FIRE PROTECTION ASSN NFPA NATIONAL FIRE PROTECTION ASSN Ck 137470 08 07 08 Iny 072908 Line Item Date 07 29 08 Iny 072908 Total Line Item Description NFP A membership dues Line Item Account 101 1220 4360 150 00 150 00 Ck 137470 Total 150 00 NFPA NATIONAL FIRE PROTECTION ASSN 150 00 NA TIONAL FIRE PROTECTION ASSN 150 00 NATIONWIDE RETIREMENT SOLUTION NA TRET NATIONWIDE RETIREMENT SOLUTION Ck 137558 08 14 08 Iny Line Item Date 08 I 2 08 08 12 08 08 I 2 08 08 12 08 Iny Total Line Item Description PR Batch 41582008 Nationwide Retirement PR Batch 41582008 Nationwide Retirement PRBatch 41582008 Nationwide Retirement PR Batch 41582008 Nationwide Retirement Line Item Account 720 0000 2009 700 0000 2009 701 0000 2009 101 0000 2009 50 00 299 10 458 29 4 478 87 5 286 26 Ck 137558 Total 5 286 26 NATRET NATIONWIDE RETIREMENT SOLUTION 5 286 26 NATIONWIDE RETIREMENT SOLUTION 5 286 26 NYSTROM PUBLISHING COMPANY INC NYSPUB NYSTROM PUBLISHING COMPANY INC Ck 137559 08 14 08 InY 22520 Line Item Date 08 06 08 Iny 22520 Total Line Item Description Chanhassen Connection 32 pgs Line Item Account 101 111 0 4340 5 289 00 5 289 00 Ck 137559 Total 5 289 00 NYSPUB NYSTROM PUBLISHING COMPANY INC 5 289 00 Page 27 461 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 NYSTROM PUBLISHING COMPANY INC Amount 5 289 00 O REILLY AUTOMOTIVE INC OREAUT O REILLY AUTOMOTIVE INC Ck 137471 08 07 08 Inv 072808 Line Item Date 07 28 08 07 28 08 07 28 08 07 28 08 07 28 08 07 28 08 Inv 072808 Total Line Item Description Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Misc parts supplies Line Item Account 700 0000 4140 10 1 1 220 4140 101 1550 4140 101 1550 4120 101 1320 4140 101 1320 4120 94 33 19 38 51 24 78 50 137 83 178 21 370 83 Ck 137471 Total 370 83 OREAUT O REILLY AUTOMOTIVE INC 370 83 O REILLY AUTOMOTIVE INC 370 83 OEHME PAUL OEHMPAUL OEHME PAUL Ck 137560 08 14 08 Inv 072908 Line Item Date 07 29 08 Inv 072908 Total Line Item Description Lyman Blvd meeting mileage Line Item Account 101 1310 4370 14 04 14 04 Ck 137560 Total 14 04 OEHMPAUL OEHME PAUL 14 04 OEHME PAUL 14 04 ONVOY ONVOY ONVOY Account 101 1160 4320 Ck 137561 08 14 08 Inv 080802009037 Line Item Date Line Item Description 08 01 08 Level 3 site Excess bandwith disk spc Inv 080802009037 Total Line Item Account 101 1160 4320 561 82 561 82 Ck 137561 Total 561 82 ONVOY ONVOY 561 82 ONVOY 561 82 OUR DESIGNS INC OURDES OUR DESIGNS INC Ck 137472 08 07 08 Inv 1419309 Line Item Date Line Item Description 07 25 08 Fire Dept pins bands notebook pen Inv 1419309 Total Line Item Account 101 1220 4240 112 95 112 95 Ck 137472 Total 112 95 Page 28 462 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 OURDES OUR DESIGNS INC Amount 112 95 OUR DESIGNS INC 112 95 Parker Dr Marcie ParkMarc Parker Dr Marcie Ck 137473 08 07 08 Inv 073108 Line Item Date Line Item Description 07 31 08 Refund Gibbs Museum Pioneer Farmstead Inv 073108 Total Line Item Account 101 1560 3637 36 00 36 00 Ck 137473 Total 36 00 ParkMarc Parker Dr Marcie 36 00 Parker Dr Marcie 36 00 PARROTT CONTRACTING INC PARCON PARROTT CONTRACTING INC Ck 137562 08 14 08 Inv 081529 Line Item Date 06 11 08 Inv 081529 Total Line Item Description Burlwood driveway adjustment Line Item Account 420 0000 4751 9 306 80 9 306 80 Ck 137562 Total 9 306 80 PARCON PARROTT CONTRACTING INC 9 306 80 PARROTT CONTRACTING INC 9 306 80 P ARTEK SUPPLY INC PARSUP PARTEK SUPPLY INC Ck 137474 08 07 08 Inv 23013 Line Item Date 07 08 08 Inv 23013 Total Line Item Description Preassembled Silt Fence Orange Line Item Account 101 1550 4150 41 87 41 87 Inv 23220 Line Item Date 07 25 08 Inv 23220 Total Line Item Description 2 rolls Straw Wattle 12 hubs Line Item Account 720 7203 4300 49 85 49 85 Ck 137474 Total 91 72 PARSUP PARTEKSUPPLYINC 91 72 P ARTEK SUPPLY INC 91 72 POSTMASTER post POSTMASTER Ck 137432 08 04 08 Inv 080408 Line Item Date 08 04 08 Line Item Description Chanhassen connection postage Line Item Account 101 1120 4330 1 633 23 Page 29 463 CITY OF CHANHAS User danielle Iny 080408 Total Ck 137432 Total post POSTMASTER POSTMASTER PRESBYTERIAN HOMES SERVICE PREHOM PRESBYTERIAN HOMES SERVICE Ck 137475 08 07 08 Iny 080108 Line Item Date 08 01 08 Iny 080108 Total Ck 137475 Total PREHOM Line Item Description 2nd Half TIF Pymnt Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount 1 633 23 1 633 23 1 633 23 1 633 23 Line Item Account 498 0000 4804 104 049 30 104 049 30 104 049 30 PRESBYTERIAN HOMES SERVICE PRESBYTERIAN HOMES SERVICE 104 049 30 PRO TURF PRTURF PRO TURF Ck 137476 08 07 08 Iny 210900 Line Item Date 07 29 08 Iny 210900 Total Iny 210907 Line Item Date 07 29 08 Iny 210907 Total Iny 210908 Line Item Date 07 29 08 Iny 210908 Total Ck 137476 Total PRTURF PRO TURF Line Item Description CityofChan OCC159 service Line Item Description City of Chan Library OCCLIB Line Item Description West Chan Fire Station OCCWES PRO TURF PROTECTION ONE PROONE PROTECTION ONE Account Ck 137563 08 14 08 Iny 080608 Line Item Date 08 06 08 Iny 080608 Total Ck 137563 Total PROONE 101 1540 4300 Line Item Description Lake Ann concession stand alarm system PROTECTION ONE 104 049 30 Line Item Account 101 1550 4300 1 094 81 1 094 81 Line Item Account 101 1550 4300 149 35 149 35 Line Item Account 101 1550 4300 105 32 105 32 1 349 48 1 349 48 1 349 48 Line Item Account 101 1540 4300 99 05 99 05 99 05 99 05 Page 30 464 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 PROTECTION ONE Amount 99 05 PUMP AND METER SERVICES INC PUMMET PUMP AND METER SERVICES INC Ck 137564 08 14 08 Inv 262750 Line Item Date 07 17 08 Inv 262750 Total Line Item Description rblt truck nozzle outrigh Line Item Account 101 1370 4120 53 25 53 25 Ck 137564 Total 53 25 PUMMET PUMP AND METER SERVICES INC 53 25 PUMP AND METER SERVICES INC 53 25 QWEST QWEST QWEST Ck 137565 08 14 08 Inv 080108 Line Item Date 08 01 08 08 01 08 Inv 080108 Total Line Item Description Aug charges Aug charges Line Item Account 700 0000 4310 701 0000 4310 34 29 34 29 68 58 Ck 137565 Total 68 58 QWEST QWEST 68 58 QWEST 68 58 RBM SERVICES INC RBMSER RBM SERVICES INC Ck 137477 08 07 08 Inv 13374 Line Item Date 07 31 08 Inv 13374 Total Line Item Description Night Janitorial Shampoo Public Safety Line Item Account 101 1170 4350 2 409 69 2 409 69 Inv 13375 Line Item Date 07 31 08 Inv 13375 Total Line Item Description Night weekend Janitorial Line Item Account 101 1190 4350 2 337 68 2 337 68 Ck 137477 Total 4 747 37 RBMSER RBM SERVICES INC 4 747 37 RBM SERVICES INC 4 747 37 Reliable Office Supplies Rei Off Reliable Office Supplies Ck 137566 08 14 08 Inv BC329700 Line Item Date Line Item Description 08 04 08 Misc office supplies Inv BC329700 Total Line Item Account 101 1170 4110 309 64 309 64 Page 31 465 CITY OF CHANHAS User danielle Ck 137566 Total ReI Off Reliable Office Supplies Reliable Office Supplies RIDGEDALE YMCA RIDYMC RIDGEDALE YMCA Ck 137568 08 14 08 Iny 080608 Line Item Date Line Item Description 08 06 08 YMCA t ba1l2008 Iny 080608 Total Ck 137568 Total RIDYMC RIDGEDALE YMCA RIDGEDALE YMCA RIDGEVIEW MEDICAL CENTER RIDMED RIDGEVIEW MEDICAL CENTER Ck 137567 08 14 08 Iny 080408 Line Item Date Line Item Description 08 04 08 JG test Iny 080408 Total Ck 137567 Total RIDMED Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount 309 64 309 64 309 64 Line Item Account 101 1536 4300 4 310 80 4 310 80 4 310 80 4 310 80 4 310 80 Line Item Account 101 1220 4300 27 00 27 00 27 00 RIDGEVIEW MEDICAL CENTER 27 00 RIDGEVIEW MEDICAL CENTER SABINSKE DEAN SABIDEAN SABINSKE DEAN Ck 137569 08 14 08 InY 011421222945 Line Item Date Line Item Description 08 13 08 Rebate on WPL Duet OVR Iny 011421222945 Total Ck 137569 Total SABIDEAN SABINSKE DEAN SABINSKE DEAN Sauter Andrew sautandr Sauter Andrew Ck 137570 08 14 08 Iny 080708 Line Item Date Line Item Description 08 07 08 CPR certification Iny 080708 Total Ck 137570 Total 27 00 Line Item Account 720 7204 4901 100 00 100 00 100 00 100 00 100 00 Line Item Account 101 1530 4300 44 00 44 00 44 00 Page 32 466 CITY OF CHANHAS User danielIe Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 sautandr Sauter Andrew Amount 44 00 Sauter Andrew 44 00 SCHINDLER ELEVATOR CORP SCHELE SCHINDLER ELEVATOR CORP Ck 137479 08 07 08 InY 8102149014 Line Item Date Line Item Description 08 0 I 08 Inspection Service Iny 8102149014 Total Line Item Account 101 1170 4300 416 52 416 52 Ck 137479 Total 416 52 SCHELE SCHINDLER ELEVATOR CORP 416 52 SCHINDLER ELEVATOR CORP 416 52 SEATING ATHLETIC FACILITY EN SEAATH SEATING ATHLETIC FACILITY EN Ck 137480 08 07 08 Iny 072508 Line Item Date Line Item Description 07 25 08 Aluminum benches bleachers Iny 072508 Total Line Item Account 410 0000 4705 3 045 00 3 045 00 Ck 137480 Total 3 045 00 SEAA TH SEATING ATHLETIC FACILITY EN 3 045 00 SEATING ATHLETIC FACILITY EN 3 045 00 Seaya Diving Inc SeaDiv Seaya Diving Inc Ck 137571 08 14 08 Iny 307184 Line Item Date 07 29 08 Iny 307184 Total Line Item Description tanks bracket system tank valve covers Line Item Account 101 1220 4530 517 72 517 72 Ck 137571 Total 517 72 SeaDiv Seaya Diving Inc 517 72 Seaya Diving Inc 517 72 SEH SEH SEH Ck 137572 Inv 205380 Line Item Date 06 30 08 Iny 205380 Total 08 1 4 08 Line Item Description Chanhassen wtr emergency con Line Item Account 700 0000 4300 97 18 97 18 Ck 137572 Total 97 18 SEH SEH 97 18 Page 33 467 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 SEH Amount 97 18 SHOREWOOD TRUE VALUE SHOTRU SHOREWOODTRUEVALUE Ck 137481 08 07 08 Iny 086166 Line Item Date 07 03 08 InY 086166 Total Line Item Description Wood flag pole flag bracket flag Line Item Account 101 1220 4290 56 41 56 41 Iny 086311 Line Item Date 07 1 0 08 Iny 086311 Total Line Item Description 40 iron fighter pellets Line Item Account 101 1170 4530 23 90 23 90 Ck 137481 Total 80 31 SHOTRU SHOREWOOD TRUE VALUE 80 31 SHOREWOOD TRUE VALUE 80 31 Skyway Eyent Services SKYEVE Skyway Event Services Ck 137482 08 07 08 InY 12517 Line Item Date 07 22 08 Iny 12517 Total Line Item Description Weighted Canopy Safety Camp Line Item Account 101 1210 4130 340 00 340 00 Ck 137482 Total 340 00 SKYEVE Skyway Event Services 340 00 Skyway Event Services 340 00 SM HENTGES SONS SMHEN SM HENTGES SONS Ck 137573 08 14 08 Iny 073108 Line Item Date 07131 08 Iny 073108 Total Line Item Description CP 08 01 2008 Street Improvements Line Item Account 601 6018 4751 413 351 38 413 351 38 Ck 137573 Total 413 351 38 SMHEN SM HENTGES SONS 413 351 38 SM HENTGES SONS 413 351 38 Spencer Mildred SpenMild Spencer Mildred Ck 137483 08 07 08 Iny 073108 Line Item Date Line Item Description 07 31 08 Refund Gibbs Museum Pioneer Farmstead Iny 073108 Total Line Item Account 101 1560 3637 36 00 36 00 Page 34 468 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Ck 137483 Total Amount 36 00 SpenMild Spencer Mildred 36 00 Spencer Mildred 36 00 Sports Unlimited Spounl Sports Unlimited Ck 137574 08 14 08 Iny 072808 Line Item Date 07 28 08 Iny 072808 Total Line Item Description Lacrosse camp cheerleading camp Line Item Account 101 1730 4300 2 256 00 2 256 00 Ck 137574 Total 2 256 00 Spounl Sports Unlimited 2 256 00 Sports Unlimited 2 256 00 Springbrook Spring Springbrook Ck 137484 08 07 08 InY 00I0158 Line Item Date Line Item Description 07 30 08 Training Session Contact Code Mgmt Iny 0010158 Total Line Item Account 101 1160 4370 400 00 400 00 Ck 137484 Total 400 00 Spring Springbrook 400 00 Springbrook 400 00 ST PAUL TRAVELERS STPTRA ST PAUL TRAVELERS Ck 137575 08 14 08 InY 000295813 Line Item Date 07 31 08 InY 000295813 Line Item Description S Donen underground drain pipe damage Total Line Item Account 101 1170 4483 1 000 00 1 000 00 Ck 137575 Total 1 000 00 STPTRA ST PAUL TRAVELERS 1 000 00 STPAULTRAVELERS 1 000 00 SteckIing Barry StecBarr SteckIing Barry Ck 137485 08 07 08 Iny 072708 Line Item Date 07 27 08 Iny 072708 Total Line Item Description Glasses for SCBA Fire Mask Line Item Account 400 4115 4705 198 85 198 85 Ck 137485 Total 198 85 Page 35 469 STEPP MANUFACTURING STEMAN STEPP MANUFACTURING Ck 137486 08 07 08 Iny 36999 Line Item Date 06 30 08 Iny 36999 Total CITY OF CHANHAS User danielle StecBarr Steckling Barry Ck 137486 Total STEMAN Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Steckling Barry Amount 198 85 198 85 Line Item Description Bottom Fired Kettle Line Item Account 400 0000 4705 25 036 55 25 036 55 25 036 55 STEPP MANUFACTURING 25 036 55 STEPP MANUFACTURING 25 036 55 SUBURBAN CHEVROLET SUBCHE SUBURBAN CHEVROLET Ck 137576 08 14 08 Iny 122899 Line Item Date 08 04 08 Iny 122899 Total Stolar Glenn stolglen Stolar Glenn Ck 137487 08 07 08 Iny 070508 Line Item Date 07 05 08 Iny 070508 Total Ck 137487 Total stolglen Stolar Glenn Stowe Virginia StowVirg Stowe Virginia Ck 137488 08 07 08 Iny 073108 Line Item Date 07 31 08 Iny 073108 Total Ck 137488 Total StowVirg Stowe Virginia Ck 137576 Total SUBCHE Line Item Description Refund WM2487HWMA Line Item Account 720 7204 4901 100 00 100 00 100 00 Stolar Glenn 100 00 100 00 Line Item Description Refund Gibbs Museum Pioneer Farmstead Line Item Account 101 1560 3637 36 00 36 00 36 00 Stowe Virginia 36 00 36 00 Line Item Description Misc part supply Line Item Account 101 1370 4 40 42 25 42 25 42 25 SUBURBAN CHEVROLET 142 25 Page 36 470 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 SUBURBAN CHEVROLET Amount 142 25 SUBURBAN RATE AUTHORITY SUBRAT SUBURBAN RATE AUTHORITY Ck 137489 08 07 08 Inv 080608 Line Item Date 08 06 08 Inv 080608 Total Line Item Description 2008 Membership Assessment Line Item Account 101 1310 4300 1 000 00 1 000 00 Ck 137489 Total 1 000 00 SUBRAT SUBURBAN RATE AUTHORITY 1 000 00 SUBURBAN RATE AUTHORITY 1 000 00 SUNRAM CONSTRUCTION SUNRAM SUNRAM CONSTRUCTION Ck 137490 08 07 08 Inv 5 Line Item Date 07 31 08 Inv 5 Total Line Item Description Lake Ann picnic shelter project Line Item Account 410 0000 4705 47 429 87 47 429 87 Ck 137490 Total 47 429 87 SUNRAM SUNRAM CONSTRUCTION 47 429 87 SUNRAM CONSTRUCTION 47 429 87 Superior Wireless Communicatio supwir Superior Wireless Communicatio Ck 137491 08 07 08 Inv 21925 Line Item Date Line Item Description 07 30 08 Motorola 1930 Seed Stock Inv 21925 Total Line Item Account 101 1600 4310 117 15 117 15 Ck 137491 Total 117 15 Ck 137577 Inv 22041 Line Item Date 08 11 08 Inv 22041 Total 08 14 08 Line Item Description Nextel battery charger holsters Line Item Account 101 1160 4530 141 38 141 38 Ck 137577 Total 141 38 supwir Superior Wireless Communicatio 258 53 Superior Wireless Communicatio 258 53 SURE PLUS MANUFACTURING COMPAN SURPLU SURE PLUS MANUFACTURING COMPAN Ck 137492 08 07 08 Inv 545367 Line Item Date 07 14 08 Line Item Description OEM Pyramid Back MIR HID CHR Line Item Account 101 1550 4140 103 90 Page 37 471 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Inv 545367 Total Amount 103 90 Ck 137492 Total 103 90 SURPLU SURE PLUS MANUFACTURING COMPAN 103 90 SURE PLUS MANUFACTURING COMPAN 103 90 The Chess Club of MN Theche The Chess Club of MN Ck 137578 08 14 08 Inv 081208 Line Item Date 08 12 08 Inv 081208 Total Line Item Description Chess camp Line Item Account 101 1538 4300 2 804 20 2 804 20 Ck 137578 Total 2 804 20 Theche The Chess Club of MN 2 804 20 The Chess Club of MN 2 804 20 The High 48s thehigh The High 48s Ck 137493 08 07 08 Inv 080608 Line Item Date 08 06 08 Inv 080608 Total Line Item Description Payment for Summer Concert Series Line Item Account 101 1613 4410 500 00 500 00 Ck 137493 Total 500 00 thehigh The High 48s 500 00 The High 48s 500 00 THE ROTTLUND COMPANY INC ROTCOM THE ROTTLUND COMPANY INC Ck 137478 08 07 08 Inv 080108 Line Item Date 08 01108 Inv 080108 Total Line Item Description 2nd half TIF pymnt Line Item Account 494 0000 4804 27 505 87 27 505 87 Ck 137478 Total 27 505 87 ROTC OM THE ROTTLUND COMPANY INC 27 505 87 THE ROTTLUND COMPANY INC 27 505 87 TOLL GAS WELDING SUPPLY TOLGAS TOLL GAS WELDING SUPPLY Ck 137494 08 07 08 Inv 227410 Line Item Date 07 14 08 Inv 227410 Total Line Item Description Safety Glasses Nemesis B1ea Line Item Account 101 1320 4240 17 00 17 00 Page 38 472 CITY OF CHANHAS User danieIle Iny 228070 Line Item Date 07117 08 Iny 228070 Total Ck 137494 Total TOLGAS Line Item Description Misc parts supplies Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount Line Item Account 101 1320 4120 113 69 113 69 130 69 TOLL GAS WELDING SUPPLY TOLL GAS WELDING SUPPLY 130 69 Treeman Elizabeth treeeliz Treeman Elizabeth Ck 137495 08 07 08 Iny 073108 Line Item Date 07 31 08 Iny 073108 Total Ck 137495 Total treeeliz Treeman Elizabeth Line Item Description Defensiye Driying Cancelled Treeman Elizabeth UHL Company Ine Uhlcom UHL Company Ine Ck 137496 08 07 08 Iny 36504 Line Item Date 07 31 08 Iny 36504 Total Ck 137496 Total Uhlcom UHL Company Ine UNITED WAY UNIW A Y UNITED WAY Ck 137580 08 14 08 Iny Line Item Date 08 12 08 08 12 08 Iny Total Ck 137580 Total UN IWAY UNITED WAY Line Item Description Labors shop supplies UHL Company Ine Line Item Description PR Batch 41582008 United Way PR Batch 41582008 United Way UNITED WAY 130 69 Line Item Account 101 1560 3637 28 00 28 00 28 00 28 00 28 00 Line Item Account 101 1190 4300 1 355 41 1 355 41 1 355 41 1 355 41 1 355 41 Line Item Account 720 0000 2006 101 0000 2006 5 00 28 40 33 40 33 40 33 40 33 40 Page 39 473 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount USA BLUE BOOK USABLU USA BLUE BOOK Ck 137581 08 14 08 Iny 642659 Line Item Date 07 29 08 Iny 642659 Total Line Item Description Kopkits Foot yalye J40169 Line Item Account 700 7019 4550 55 42 55 42 Iny 645046 Line Item Date Line Item Description 08 01 08 KOPkits Iny 645046 Total Line Item Account 700 7019 4550 252 70 252 70 Ck 137581 Total 308 12 USABLU USA BLUE BOOK 308 12 USA BLUE BOOK 308 12 VIKING ELECTRIC SUPPLY VIKELE VIKING ELECTRIC SUPPLY Ck 137497 08 07 08 Iny 2822735 Line Item Date Line Item Description 06 06 08 Lock Switch Key InY 2822735 Totm Line Item Account 101 1600 4130 38 13 38 13 Ck 137497 Total 38 13 VIKELE VIKING ELECTRIC SUPPLY 38 13 VIKING ELECTRIC SUPPLY 38 13 VOIGHT JEFF VOIGJEFF VOIGHT JEFF Ck 137582 08 14 08 Iny 080708 Line Item Date 08 07 08 Iny 080708 Total Line Item Description Adult softball umpire 20 games @ 22 50 Line Item Account 101 1766 4300 450 00 450 00 Ck 137582 Total 450 00 VOIGJEFF VOIGHT JEFF 450 00 VOIGHT JEFF 450 00 WACONIA FARM SUPPLY WACFAR WACONIA FARM SUPPLY Ck 137498 08 07 08 InY 072108 Line Item Date 07 21 08 InY 072108 Total Line Item Description Misc parts supplies Line Item Account 101 1550 4120 29 42 29 42 Ck 137498 Total 29 42 Page 40 474 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount Ck 137583 08 14 08 Inv K50396 Line Item Date Line Item Description 08 04 08 Misc parts supplies Inv K50396 Total Line Item Account 101 1320 4120 37 15 37 15 Ck 137583 Total 37 15 WACFAR WACONIA FARM SUPPLY 66 57 WACONIA FARM SUPPLY 66 57 WASTE MANAGEMENT SAVAGE W ASMAN WASTE MANAGEMENT SAVAGE Ck 137499 08 07 08 Inv 465181622825 Line Item Date Line Item Description 08 01108 City of Chan Fire Stat 2 Hwy 7 Minnewas 08 01108 City ofChan Fire Stat 1 7610 Laredo Dr 08 01108 City ofChan Public Works 1591 Park Rd 08 01108 City ofChan Master 7700 Market Blvd 08 01 08 City of Chan Library 7711 Kerber Blvd 08 01 08 City of Chan Lake Ann 7700 Park Place Inv 465181622825 Total Line Item Account 101 1220 4350 101 1220 4350 101 1370 4350 101 1170 4350 101 1190 4350 101 1550 4350 17 44 78 24 166 98 189 01 263 58 804 75 1 520 00 Inv 465668022820 Line Item Date Line Item Description 08 01 08 Dumpsters for 4th of July Inv 465668022820 Total Line Item Account 101 1613 4410 404 33 404 33 Inv 465668122828 Line Item Date Line Item Description 08 01 08 Dumpsters for 4th of July Inv 465668122828 Total Line Item Account 101 1613 4410 1 617 31 1 617 31 Ck 137499 Total 3 541 64 W ASMAN WASTE MANAGEMENT SAVAGE 3 541 64 WASTE MANAGEMENT SAVAGE 3 541 64 WATSON COMPANY WATSON WATSON COMPANY Ck 137500 08 07 08 Inv 758851 Line Item Date 07 31108 Inv 758851 Total Line Item Description Lake Ann Concession Supplies Line Item Account 101 1540 4130 183 80 183 80 Ck 137500 Total 183 80 WATSON WATSON COMPANY 183 80 WATSON COMPANY 183 80 Page 41 475 CITY OF CHANHAS User danielIe Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount We Cater to You WeCat We Cater to You Ck 137501 08 07 08 Inv 364 Line Item Date Line Item Description 08 06 08 Tea Sandwich Lunch Inv 364 Total Line Item Account 101 1560 4300 639 00 639 00 Ck 137501 Total 639 00 WeCat We Cater to You 639 00 We Cater to You 639 00 WILSON S NURSERY INC WILNUR WILSON S NURSERY INC Ck 137502 08 07 08 Inv 037278 Line Item Date 07 25 08 Inv 037278 Total Line Item Description Cotoneaser Cranberry Weed BarrierFabric Line Item Account 101 1550 4120 168 54 168 54 Ck 137502 Total 168 54 WILNUR WILSON S NURSERY INC 168 54 WILSON S NURSERY INC 168 54 WM MUELLER SONS INC WMMUE WM MUELLER SONS INC Ck 137584 08 14 08 Inv 144270 Line Item Date Line Item Description 07 23 08 Fine bit mix Inv 144270 Total Line Item Account 420 0000 4751 1 373 90 1 373 90 Ck 137584 Total 1 373 90 WMMUE WM MUELLER SONS INC 1 373 90 WM MUELLER SONS INC 1 373 90 WSB ASSOCIATES INC WSB WSB ASSOCIATES INC Ck 137503 08 07 08 Inv 072508 Line Item Date 07 25 08 07 25 08 Inv 072508 Total Line Item Description Proj 01694 100 professional personnel Proj 01694 090 Prof Personnel Photo Line Item Account 720 0000 4300 720 7211 4300 315 00 5 084 00 5 399 00 Ck 137503 Total 5 399 00 wsb WSB ASSOCIATES INC 5 399 00 WSB ASSOCIATES INC 5 399 00 Page 42 476 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 15 08 08 25 Amount WW GRAINGER INC WWGRA WW GRAINGER INC Ck 137504 08 07 08 InY 9687768391 Line Item Date 07 16 08 InY 9687768391 Line Item Description Hex Key Set 8 Pieces Total Line Item Account 101 1170 4260 33 74 33 74 Ck 137504 Total 33 74 Ck 137585 08 14 08 Iny 9696269506 Line Item Date Line Item Description 07 28 08 Rechargeable system InY 9696269506 Totw Line Item Account 701 0000 4150 154 56 154 56 Ck 137585 Total 154 56 WWGRA WW GRAINGER INC 188 30 WW GRAINGER INC 188 30 Wyffels Diane WyfIDian Wyffels Diane Ck 137586 08 14 08 InY 081308 Line Item Date Line Item Description 08 13 08 Rebate WFMC530SUC InY 081308 Total Line Item Account 720 7204 4901 100 00 100 00 Ck 137586 Total 100 00 WyfIDian Wyffels Diane 100 00 Wyffels Diane 100 00 ZEE MEDICAL SERVICE ZEEMED ZEE MEDICAL SERVICE Ck 137505 08 07 08 Iny 54107521 Line Item Date 07 31 08 07 31 08 0713 1 08 07 31 08 InY 54107521 Line Item Description Misc first aid supplies Misc first aid supplies Misc first aid supplies Misc first aid supplies Total Line Item Account 101 1320 4120 101 1550 4120 700 0000 4 I 20 101 1370 4120 13 76 13 76 13 77 13 77 55 06 Ck 137505 Total 55 06 ZEEMED ZEE MEDICAL SERVICE 55 06 ZEE MEDICAL SERVICE 55 06 Total 1 004 828 60 Page 43 477