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CC Packet 2007 05 14AGENDA CHANHASSEN CITY COUNCIL MONDAY, Monday, May 14, 2007 CHANHASSEN MUNICIPAL BUILDING, 7700 MARKET BOULEVARD 5:00 P.M. - CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM Note: If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. A. Discussion of Lodging Tax, Chanhassen Chamber of Commerce. B. Commercial Land Use Study, Barry Warner, SRF. C. Joint Meeting with the Planning Commission. After the regular meeting: D. Discussion of Connection Charges vs. Acreage Charges, Ehlers & Associates. E. Review Initial Draft of the Debt Policy, Ehlers & Associates. F. Quarterly Financial Status Review. 7:00 P.M. – REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (Pledge of Allegiance) PUBLIC ANNOUNCEMENTS G. Award Presentations: 1. Dotti Shay, Maple Leaf Award 2. Marilyn Luthy, Certificate of Appreciation CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. 1. a. Approval of Minutes: - City Council Work Session Minutes dated April 23, 2007 - City Council Summary Minutes dated April 23, 2007 - City Council Verbatim Minutes dated April 23, 2007 1 Receive Commission Minutes: - Planning Commission Summary Minutes dated April 17, 2007. - Park & Recreation Commission Summary Minutes dated April 24, 2007 - Park & Recreation Commission Verbatim Minutes dated April 24, 2007 b. Acceptance of $731 Donation from Chanhassen Lions Club. c. Dogwood/Tanadoona Street & Utility Project No. 06-06: Call Assessment Hearing. d. Amendment to Sanitary Sewer & Watermain Easement at Market Street Station, LUR File 03-17. e. The Preserve at Bluff Creek 2nd Addition: 1. Final Plat Approval 2. Approval of Plans & Specifications and Development Contract f. Consider Purchase of Wheel Loader, PW016MMM. g. Approval of Amendment to City Code Regarding Wetland Buffers and Setbacks. h. Approval of Three-Month Extension to Variance 05-10 for 9015 Lake Riley Blvd., Laura Cooper. i. Approval of Temporary On-Sale Liquor License, Fourth of July Celebration, Chanhassen Rotary Club. j. Release of Land from Contract for Private Redevelopment Between the City of Chanhassen and Coeur Terra, LLP. k. Approve Professional Services Agreement with WSB & Associates, Inc., PW009Z. l. Approval of Agreement with PCI for Temporary Concrete Batch Plant for TH 212 Project. VISITOR PRESENTATIONS PUBLIC HEARINGS 2. 2007 Street Improvement Project No. 07-02: a. Special Assessment Hearing b. 2007 Street Improvement Project No. 07-02: Award Contract 3. Request for On-Sale 3.2 Beer License, Halla Greens Golf Course, 495 Pioneer Trail. 2 4. Request for On-Sale Intoxicating Liquor License, High Timbers Lounge, 591 West 78th Street, High Timbers Lounge, LLC. UNFINISHED BUSINESS - None NEW BUSINESS - None COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET ADJOURNMENT A copy of the staff report and supporting documentation being sent to the city council will be available after 2:00 p.m. on Thursday. Please contact city hall at 952-227-1100 to verify that your item has not been deleted from the agenda any time after 2:00 p.m. on Thursday. GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. 1. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. 4. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. 5. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Houlihan’s Restaurant & Bar, 530 Pond Promenade in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. 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 952227 1190 Engineering Phone 952 227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952227 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 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site WIIW ci chanhassen m n us A To Todd Gerhardt City Manager From Laurie Hokkanen Assistant City Manager Date May 9 2007 o Re Lodging Tax The Chanhassen Chamber of Commerce will be at the work session to discuss implementing a citywide 3 Lodging Tax Attached please find the following supporting documents from the Chamber Letter from Linda Walton explaining the proposal MN Statute authorizing the City to implement such a tax Draft proposed amendment to City ordinance Survey of other metro communities with lodging tax in place Projected Annual Marketing Budget In order for the Lodging Tax to be implemented the City Council would need to adopt an ordinance at a future meeting The City ot Chanhassen A growing community with clean lakes quality schools a Channing downtown thriving businesses winding trails and beautiful parks A glBat place to live work and play G AdminLH Chamber of CommerceLodging Tax Staff Report doc 4 CHANHASSEN fR1EA C R OF CoMMEIlCE VISITORS BUlEW Date May 4 2007 To Chanhassen City Council From Linda Walton President Chanhassen Area Chamber of Commerce Visitors Bureau RE Proposal for your consideration Implementation of a citywide lodging tax The Chanhassen Area Chamber of Commerce Visitors Bureau hereby proposes that the City of Chanhassen adopt a citywide lodging tax of 3 as allowed by Minnesota statue to establish a source of funds to be used for advertising and promoting the community as a visitor destination Minnesota Statute 469 190 authorizes Cities to impose a tax on the gross receipts of the furnishings of certain lodgings Lodging Tax of which 95 of the gross proceeds from any tax imposed fund a local convention or tourism bureau for the purpose of marketing and promoting refer to the included copy of Statute 469 190 The Chanhassen Area Chamber of Commerce and Visitors Bureau is willing and able to receive such funds to carry out activities to advance the economic impact of tourism in the Chanhassen area Of the Lodging Tax collected by the City of Chanhassen 5 would be retained by the City for administrative purposes All money received by the Chanhassen Area Chamber of Commerce Visitors Bureau would be placed in a segregated fund and designated for the operation and activities of marketing and promotion Separate books and records for the operation and activities would be maintained The travel and tourism industry provides a major economic impact overall to communities not just the hotel industry This economic impact benefits the entire community According to the most recent statistics available from the Minnesota Department of Tourism the travelers spending by expenditure breaks down as shown below Shopping 25 Recreation 25 Food 24 Lodging 14 Transportation 11 Travelers in Minnesota spend in excess of 32 million a day which supports a variety of businesses and adds to the total economic strength of our communities 5 According to Gayle Junnila metro regional manager with the Minnesota Department of Tourism people are traveling regionally and according to the Travel Industry Association of America the growing trends in the u s are Cultural Heritage and OutdoorWildlife Tourism Chanhassen has both the cultural draw of the Chanhassen Dinner Theatres and the outdoor wildlife draw with the University of MN Landscape Arboretum as well as the close proximity with Lake Minnetonka and the west metro area parks and lakes The most recent data provided by the Minnesota Department of Tourism shows that between June 2005 and May 2006 the DIRECT Economic Impact of Expenditures by Travelers in Carver County as Travelers Expenditures 117 544 475 Full Time Equivalent Jobs 1 677 Local Revenue 2 533 819 Over the past month both myself and Mark Halla Vice Chair of the Chamber Board for 2007 visited with representatives of all of our Chanhassen lodging facilities and received overwhelming support from a majority of those we spoke with In fact they even requested we implement this tax as soon as possible to capture the tax collected during their the busy season and have an immediate influx of approximately 50 000 to support advertising and promoting our community With the existing draw to the area the easy access from our community to points of interest as well as MSP International Airport and major highway infrastructure plus the area growth projected within the next 5 years the opinion of Chanhassen Area Chamber of Commerce Visitors Bureau is that it is time to move forward with the implementation of a Lodging Tax to enable strategic marketing applications which will aid to the total economic strength of our community now and in the years to come Refer to that included documents Minnesota State Statute 469 190 Twin Cities Regional Lodging Tax Rates Projected Annual Budget Hotel Motel Tax Return Form Proposed Amendment to City Code 6 469 190 Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes State of Minnesota 469 190 LOCAL LODGING TAX Subdivision 1 i tHriiatiol Notwithstanding section 477A 016 or any other law a statutory or home rule charter city may by ordinanc and a town may by the affirmative vote of the electors at the annual town meeting or at a special town meeting impose a tax of up to three percent on the gross receipts from the furnishing for consideration of lodging at a hotel motel rooming house tourist court or resort other than the renting or leasing of it for a continuous period of 30 days or more A statutory or home rule charter city may by ordinance impose the tax authorized under this subdivision on the camping site receipts of a municipal campground Subd 2 Existing taxes No statutory or home rule charter city or town may impose a tax under this section upon transient lodging that when combined with any tax authorized by special law or enacted prior to 1972 exceeds a rate of three percent Subd 3 ispositiOiiofproceed Ninety five percent of the gross proceeds from any tax imposed under subdivision 1 shall be used by the statutory or home rule charter city or town to fund a local convention or tourism bureau for the purpose of marketing and promoting the city or town as a tourist or convention center This subdivision shall not apply to any statutory or home rule charter city or town that has a lodging tax authorized by special law or enacted prior to 1972 at the time of enactment of this section Subd 4 Unorganized territories A county board acting as a town board with respect to an unorganized territory may impose a lodging tax within the unorganized territory according to this section if it determines by resolution that imposition of the tax is in the public interest Subd 5 Reverse referendum If the county board passes a resolution under subdivision 4 to impose the tax the resolution must be published for two successive weeks in a newspaper of general circulation within the unorganized territory together with a notice fixing a date for a public hearing on the proposed tax The hearing must be held not less than two weeks nor more than four weeks after the first publication of the notice After the public hearing the county board may determine to take no further action or may adopt a resolution authorizing the tax as originally proposed or approving a lesser rate of tax The resolution must be published in a newspaper of general circulation within the unorganized territory The voters ofthe unorganized territory may request a referendum on the proposed tax by filing a petition with the county auditor within 30 days after the resolution is published The petition must be signed by voters who reside in the unorganized territory The number of signatures must equal at least five percent of the number of persons voting in the unorganized territory in the last general election If such a petition is timely filed the resolution is not effective until it has been submitted to the voters residing in the unorganized territory at a 7 general or special election and a majority of votes cast on the question of approving the resolution are in the affirmative The commissioner of revenue shall prepare a suggested form of question to be presented at the referendum Subd 6 Joint powers agreements Any statutory or home rule charter city town or county when the county board is acting as a town board with respect to an unorganized territory may enter into a joint exercise of powers agreement pursuant to section 47159 for the purpose of imposing the tax and disposing of its proceeds pursuant to this section Subd 7 Collection The statutory or home rule charter city may agree with the commissioner of revenue that a tax imposed pursuant to this section shall be collected by the commissioner together with the tax imposed by chapter 297A and subject to the same interest penalties and other rules and that its proceeds less the cost of collection shall be remitted to the city 8 Proposed Amendment To The City Code Local Lodging Tax 1 DEFINITIONS Unless otherwise expressly stated wherever used in the Chapter the following works shall have the meanings given to them by the Section LODGING The furnishing for the consideration of lodging at a hotel motel rooming house bed and breakfast tourist court or resort other than the renting or leasing of it for a continuous period of thirty 30 days or more OPERATOR A person who provides lodging to others or any office agent or employee of such person 2 IMPOSITION OF TAX There is hereby imposed a tax of three percent 3 on the gross receipts from the furnishing for consideration of lodging 3 COLLECTION Each operator shall collect the tax imposed by this Chapter at the time rent is paid The operator shall hold the tax collections in trust to the benefit of the City The amount of tax shall be separately stated from the rent charged for the lodging 4 PAYMENT AND RETURNS The taxes imposed by this Chapter shall be paid by the operator to the City not later than twenty five 25 days after the end of the month in which the taxes were collected At the time of payment the operator shall submit a return upon such forms and containing such information as the City may require The return shall contain the following minimum information A The total amount of rent collected for lodging during the period covered by the return B The amount of tax required to be collected and due for the period C The signature of the person filing the return or that of his agent duly authorized in writing D The period covered by the return E The amount of uncollectible rental charges subject to the lodging tax The operator may offset against the taxes payable with respect to any reporting period the amount of taxes imposed by this Chapter previously paid as a result of any transaction the consideration for which became uncollectible during such reporting period but only in proportion to the portion of such consideration which became uncollectible 5 EXAMINATION OF RETURN ADJUSTMENTS NOTICES AND DEMANDS After the return is filed the City shall examine it and make any investigation or examination of the records and accounts of the person making the return deemed necessary for determining its correctness The tax computed on the basis of such examination shall be the tax to be paid If the tax due is found to be greater than that paid such excess shall be paid to the City within ten 10 days after receipt of the notice 1 9 thereof given either personally or sent by registered mail to the address shown on the return If the tax paid is greater than the tax found to be due the excess shall be refunded to the person who paid the tax to the City within ten 10 days after determination of such refund 6 REFUNDS Any person may apply to the City for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period provided that no application for refund shall be considered unless filed within one year after such tax was paid or within one year from the filing of the return whichever period is longer The City shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address state upon the return If such claim is allowed in whole or in part the City shall credit the amount of the allowance against any taxes due under this Chapter from the claimant and the balance of the allowance if any shall be paid by the City to the claimant 7 FAILURE TO FILE A RETURN If any operator required by the Chapter to file a return shall fail to do so within the time prescribed or shall make willfully or otherwise an incorrect false or fraudulent return the operator shall upon written notice and demand file such return or corrected return within five 50 days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof If such person shall fail to file such return or corrected return the City shall make a return or corrected return for such person from such knowledge and information as the City can obtain and assess a tax on the basis thereof which tax less any payments theretofore made on account of the tax for the taxable period covered by such return shall be paid within five 5 days of the receipt of written notice and demand for such payment Any such return or assessment made by the City shall be prima facie correct and valid and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto If any portion of a tax imposed by this Chapter including penalties thereon is not paid within thirty 30 days after it is required to be paid the City Attorney may institute such legal action as may be necessary to recover the amount due plus interest penalties the costs and disbursements of any action Upon a showing of good cause the City may grant an operator one thirty 30 day extension of time within which to file a return and make payment of taxes as required by this Chapter provided that interest during such period of extension shall be added to the taxes due at the rate of ten percent 10 per annum 8 PENALITIES if any tax imposed by this Chapter is not paid within the time therein specified for the payment or an extension thereof there shall be added thereto a specific penalty equal to ten percent 10 of the amount remaining unpaid The amount of tax not timely paid together with any penalty provided by this Section shall bear interest at the rate of eight percent 8 per annum from the time such tax should have been paid until paid Any interest and penalty shall be added to the tax and be collected as part thereof 2 10 9 VIOLATIONS Any person who shall willfully fail to make a return required by this Chapter or who shall fail to pay the tax after written demand for payment or who shall fail to remit the taxes collected or any penalty or interest imposed by this Chapter after written demand for such payment or who shall refuse to permit the City to examine the books records and papers under his or her control or who shall willfully make any incomplete false or fraudulent return shall be guilty of a misdemeanor 10 USE OF PROCEEDS Ninety five percent 95 of the proceeds obtained from the collection of taxes pursuant to this Chapter shall be transferred to the Chanhassen Area Chamber of Commerce Visitors Bureau CVB Fund to be used in accordance with Minnesota Statutes section 469 190 as the same may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or convention center Five percent 5 of the proceeds obtained from the collection of taxes pursuant to the Chapter shall be retained by the City of Chanhassen for the administration thereof 11 APPEALS Any operator aggrieved by any notice order or determination made by the City under this Chapter may file a petition for review of such notice order or determination detailing the operator s reasons for contesting the notice order or determination The petition shall contain the name of the petitioner the petitioner s address and the location of the lodging subject to the order notice or determination The petition for review shall be filed with the city Manager within ten days 10 days after the notice order or determination for which review is sought has been mailed or serves upon the person requesting review Upon receipt of the petition the City Manager or the Manger s designee shall set a date for a hearing and give the petitioner at least five 5 day s prior written notice of the date time and place of the hearing At the hearing the petitioner shall be given an opportunity to show just cause why the notice order or determination should be modified or withdrawn Counsel of petitioner s choosing at petitioner s own expense ma represent the petitioner The hearing shall be conducted by the City Manager or the Manager s designee provided only that the person conduction the hearing shall not have participated in the drafting of the order notice or determination for which review is sought The person conducting the hearing shall make written findings of fact and conclusions based upon the applicable sections of this Chapter and the evidence presented The person conducting the hearing may affirm reverse or modify the notice order or determination made by the City Any decision rendered by the City Manager pursuant to this subdivision may be appealed to the City Council A petitioner seeking to appeal a decision must file a written notice of appeal with the City Manager within ten 10 days after the decision has been mailed to the petitioner The matter will thereupon be placed on the Council agenda as soon as is practical The Council shall then review the findings of fact and conclusions to determine whether they were correct Upon a determination by the Council that the findings and conclusions were incorrect the Council may modify reverse or affirm the decision of the City Manager or his designee upon the same standards as set forth in this subdivision 3 11 Twin Cities Regional Lodging Tax Rates this was provided by a Chanhassen hotel manager not all Twin Cities area communities are listed only those communities in which the specific hotel franchise is located Of the 35 municipalities included in the complete statewide listing only the Twin Cities regional is listed below 80 have an additional tax on top of the 6 5 state tax As per list Richfield Bloomington Eagan Bumsville Minneapolis Roseville St Paul Golden Valley Minnetonka Coon Rapids Maple Grove Shakopee Lakeville Elk River Arden Hills Vadnais Heights Woodbury Stillwater 9 5 13 5 9 5 9 5 13 9 5 13 6 5 6 5 9 5 9 65 9 5 9 5 6 5 9 5 6 5 6 5 6 5 12 Projected Annual Tourism MarketingBudget Year 1 Chanhassen Area Chamber of Commerce Visitors Bureau Income Hotel Motel Tax 220 000 00 I nterest I ncom e 1 200 00 Total Income 221 200 00 Expense Meetings 500 00 TrainingTuitions 800 00 Accounting 4 200 00 Office Supplies 1 700 00 Dues Membeships 1 500 00 Travel Lodging 2 500 00 Postage 7 500 00 Telephone Internet 3 500 00 Software Office Equipment 6 500 00 Office Maintenance 500 00 Public Relations 400 00 Miscellaneous Expense 1 000 00 Insurance Liability 1 200 00 Total General Expenses 31 800 00 Payroll Expenses Gross Wages 42 500 00 Payroll Taxes 3 783 00 Employee Benefits 2 000 00 Total Payroll Expenses 48 283 00 Office Expenses Rent 9 600 00 Leasehold Improvements 5 000 00 Miscellaneous Expense 800 00 Total Office Expenses 15 400 00 Total Marketing Expense 124 527 00 Total Expenses 220 010 00 First Year One Time ExpensE Indicated In Blue Year 2 Marketing Expense would increase to 136 027 without the fst year one time expenses A total of 61 8 in year 2 would be allocated directly to marketing of the community j 13 May 07 07 09 53a Val MacLeod 952 934 2129 p 1 CHANHASSENMlE CHAMBER OF CoMMERCE VlSiTOltS BUREAU The Chanhassen Area Chamber orCommerce has been actively serving area businesses for over forty years The organization is committed to providing its members with business referrals networking opportunities legislative influence seminars and numerOlJS advertising and sponsorship opportunities FAX TRANSMITTAL FORM Chanhassen Area Chamber of Commerce Visitors Bureau To From Phone 952 934 3903 Fax 952 934 2129 Email linda@chanhassenchamber org Website wwv chanhassenchamber org Cc J t4 aa tQ L lEnda Walton r rdl tresident Channassen Area Chamber of Commerce Phone 952 934 3903 Fax 952 934 2129 Email Iinda@chanhassenchamber org Website www chanhassenchamber org 560 Market Street P O Box 1099 I Chanhassen MN 55317 1099 Date gllo Number pages J Urgent For Review Please Comment Message T k J ItLX 6 LLCi1At 6fi LCt d f J L l d 14 May 07 07 09 53a Val MacLeod 952 934 2129 p 2 WHI I TO FilE Returns must be lit I withIn 15 days loflowirg the luse of the piJrfod for which tho rllurn Is filed CITY OF SHAKOPEE MINNESOTA HOTEL MOTEL TAX RETURN Check AccoontinG Metlloll IJ ol for reporting Gro Monrhl Rents on Line 1 o CASH 0 ACCRUALt ALL BLOCKS BELOW MUST BE COMPLETED IF YOU USE THE ACTUAL TAX COLLECTED CHECl 0MONTHYEAROFREPORTDATEDUEMETHODheeInstnJclion1onreverseIHERE 1 GROSS MONTHLY RENTS Hnclude ell sources before any exclusions 2 ADD BAD DEBT RECOVERIES MINNESOTA STATE SALES see InstructIon F on reverse TAX ACCOUNT NUMSER NAME OF OWNER NAME OF ESTABLISHMENT AND SU BTOT AL MAILlNG ADDRESS lESS EXCLUSIONS3seeinstruetionHI 4 LESS BAD DEBTS arising from room rentalsl 5 LESS NON TAXABLE RENTS meeting banquet roomsl TOTAL REOVe IONS I R TURN TOP COpy TO MAJL TO CITY WITH REMITTANCE FINANCE DEPARTMENT 5 BALANCE SUBJECT TO TAXCITYHALL 129 Holmes Sl S TAX DUE 13 of Line 6 abovelSHAKOPEEMINNESOTA553797 I DECLARE AND CERTlFY UNDER PENALTV OF LAW THAT I HAVE INTEREST COLLECTIONEXAMINEDTHISSTATEMENTANDTHATTOTHEBESTOFMYCHARGEKNOWLEDGEBELIEFITISTRUEANDCOMPLETEB 51 GNATU AE 0 TITLE DATE TOTAL AMOUNT DUE DISTRIBUTION WHITE COpy TO CITY MAKE CHECK PAYABLE TO CITY OF SHAKOPEEYELLOWCOpyRETAINEDBYPREPARER REVISED 1 787 ePA 0 CbtJ6 D eX rv fYb kk 15 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 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site WVIW ci chanhassen mn us 6 MEMORANDUM TO Todd Gerhardt City Manager FROM Kate Aanenson AICP Community Development Director bfYDATEMay92007 SUBJ Commercial Land Use Study Comprehensive Plan Update Attached is the outline for the discussion on the Commercial Land Use Study with SRF Consulting Group Inc This is a joint meeting with the Planning Commission and the City Council g plan planning commissionjoint meetings commercialland use study 5 14 07 doc 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 play16 CONSULTING GROUP I N c Transportation Civil Structural Environmental Planning Traffic Landscape Architecture Parking Right of Way SRF No 0075978 MEMORANDUM TO Kate Aanenson City of Chanhassen FROM Monique MacKenzie Associate SRF Consulting Group Inc DATE May 8 2007 SUBJECT Commercial Land Use Study Comprehensive Plan Update Joint Session of May 14 2007 This work session will serve as an update to Council and Commission focusing on discussion and evaluation of three retail commercial land use scenarios developed since the April 9 meeting Summary of Revised Scenarios The following alternative schemes will be discussed in detail 1 Downtown Status Quo Mixed Use and Neighborhood Commercial Downtown s boundaries stay as they are with limited infill outlot development and minimal redevelopment of underutilized sites Mixed use is located south ofTH 5 along Great Plains Boulevard CR 101 and at CR 101 and TH 312 Neighborhood Commercial is located at TH 5 and TH 41 and TH 5 and CR 117 existing locations 2 Downtown Expansion Mixed Use and Neighborhood Commercial Downtown would expand to industrial parcels on the south side of TH 5 on the west and east side of Powers Boulevard Mixed use is located south ofTH 5 along Great Plains Boulevard CR 101 and at CR 101 and TH 312 Neighborhood Commercial would be located at TH 5 and TH 41 and TH 5 and CR 117 existing locations Future locations would include Pioneer Trail west of Powers Boulevard new TH 312 and in the vicinity of US 212 Flying Cloud Drive and the new CR 101 alignment once determined One Carlson Parkway North Suite 150 Minneapolis Minnesota 55447 4443 Tel 763 475 0010 Fax 763 475 2429 Case Plaza One North Second Street Fargo North Dakota 58102 4807 Tel 701 237 0010 Fax 701 237 0017srfconsultingcom Au Equal Opportuuity Employer17 Ms Kate Aanenson City of Chanhassen May 8 2007 Page 2 3 Downtown Expansion Regional Center Mixed Use and Neighborhood Commercial Downtown would expand to industrial parcels on the south side of TH 5 on the west and east side of Powers Boulevard A regional center of comparison goods service and entertainment uses would locate in the northwest quadrant of the Powers Boulevard TH 312 interchange Mixed use is located south ofTH 5 along Great Plains Boulevard CR 101 and at CR 101 and TH 312 Neighborhood Commercial would be located at TH 5 and TH 41 and TH 5 and CR 117 existing locations Future locations would include Pioneer Trail west of Powers Boulevard new TH 312 and in the vicinity of US 212 Flying Cloud Drive and the new CR 101 alignment once determined Evaluation Criteria The following criteria will be detailed for each of the scenarios at the meeting They are not listed in order of significance In preparation for a productive discussion please consider if additional criteria are needed to inform the conversation Traffic and transportation Tax base and revenue generation Required city services Land use compatibility Community image identity Market share retail access Impact to Downtown Effect on current land use Relationship to current and future neighborhoods city wide Effect on property values Relationship to community growth Critical Questions 1 Do the criteria listed above appropriately reflect community priorities and preferences 2 Do the three alternatives described require any modification to reflect future development scenarios Are there any fatal flaws in these alternatives that would preclude their further consideration 3 Are Council and Commission members comfortable bringing these three scenarios to the community for consideration at the June 27 28 Open House meetings 18 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 VNNI ci chanhassen mn us e MEMORANDUM TO FROM DATE SUBJ Todd Gerhardt City Manager Kate Aanenson ACIP Community Development Director May 14 2007 Joint Planning Commission City Council Meeting The Planning Commission would like to discuss the following with the City Council Update of the Comprehensive Plan Process Review of Development Issues Any other Issues or Concerns g plan planning commissionjoint meetingsjoint meeting 5 14 07 doc The City of Chanhassen A growing community with clean lakes quality schools a channing downtown thriving businesses winding trails and beautiful parks A great place to live work and play19 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 952227 1190 Engineering Phone 952 227 1160 Fax 952227 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 952227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952227 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 Greg Sticha Finance Directoo May 14 2007DATE SUBJ Connection Charges versus Acreage Charges BACKGROUND As part of our KFS goals for 2007 the City Council saw some value in collecting an acreage charge versus a connection charge for water and sanitary sewer services Currently the City only charges a flat connection charge for each unit hooking up to our water and or sanitary sewer system Some communities are diversifying the way these charges are collected by using a platting charge We asked our financial advisors at Ehlers Associates to provide us some feedback on what options may be available to the city After researching the topic Ehlers suggested we have two separate fees one called a plat fee that would be collected at the time the preliminary plat is filed and also continue to charge a connection fee collected at the time the unit is hooked up to our system The plat fee being suggested by staff and Ehlers is 30 of the total current connection charge therefore the connection charge will now be 30 less than it is currently It is not the intention of staff to collect a higher amount of revenues rather to collect a portion of the total fee earlier in the development process preliminary plat time In attendance at the work session meeting will be representatives from Ehlers to discuss several of the advantages of collecting two separate fees and the result of collecting a portion of the fee earlier RECOMMENDATION Staff recommends that the City Council review the information provided by Ehlers and Associates and advise staff as to whether they want to proceed with a preliminary plat fee and determine the fee amount ATTACHMENT 1 Ehlers Study The City 01 Chanhassen A growing community with clean lakes quality schools a channing downtown thriving businesses winding trails and beautiful parks A great place to live work and play20 EHLERS ASSOCIATES INC o W To Honorable Mayor and Council Members From Jessica Cook and Mark Ruff Subject Updated Water and Sewer Rate Study Date May 8 2007 The City has requested that Ehlers Associates study the option of collecting platting fees for sewer and water infrastructure A platting fee is collected from new development to pay for water treatment wells storage trunk lines lift stations and other infrastructure built to serve growth The platting fee is collected at the time or preliminary plat and is based on the expected type and density of development The discussion of platting fees arose last fall when the Council considered setting new utility rates and fees for water and sewer The rates established by the Council for 2007 are adequate By introducing platting fees the City would change its fee structure Overall the City would not collect more revenue from developers or rate payers Rationale for Platting Fees The City currently collects a sewer and water connection fee when a building permit is pulled At this point the City has already committed to provide sewer and water service to the development and installed the necessary trunks wells and other infrastructure The new homeowner or business is essentially paying the City back for its share of the improvement costs Last fall the City Council directed staff to consider collecting some of the sewer and water fees earlier in the development process We recommend that 30 of the City s costs be recovered at the time of plat and the remaining 70 recovered when the building permit is pulled This would result in a fee structure that includes both a platting fee and a connection fee Proposed Fee Structure The proposed platting fee would be calculated based on the number of residential units in the preliminary plat or in the case of commercial property on historical development density for similarly zoned property l 3060 Centre Pointe Drive Roseville MN 55113 1105 651 697 8546 Fax 651 697 8555 jcook@ehlers inc com http www ehlers inc com 21 The current 2007 connection fees are 4 485 per unit for water and 1 669 per unit for sewer Under the proposed fee structure the new fees would be Water Sewer Plattine Fee 1 345 unit 500 unit Connection Fee 3 140 unit 1 169 unit Total 4 485 unit 1 669 unit Sample Development Fee Scenarios It is helpful to look at how a new rate structure might impact various landowners and developers Four sample scenarios are provided on Exhibit A They all assume that the land is platted and the building permit is pulled in the same year Transition Issues Staff has discussed how the City will transition to a new fee structure should the Council choose to do so The staff suggests that property that has already been platted will continue to pay the existing connection fee adjusted annually in future years Consequently during the transition period there would be two established connection fee rates The higher rate will apply to property that did not pay a platting fee The lower rate will be charged on property that did pay the platting fee Next Steps If the Council wishes to collect a platting fee for water and sewer the next steps would be to direct staff and the City attorney to draft an ordinance for Council consideration l 3060 Centre Pointe Drive Roseville MN 551 13 1 105 651 697 8546 Fax 651 697 8555 jcook@ehlers inc com httpwww eWers inc com 22 fn CI CI LL C c E cu n CCCICIfnfnfn0 Co c 0 c cuene0 t Ewofn o Ocu c CI to tn Co E cu tn t0 0 0 0 0 t 10 10 10 t N 10 t III 10 0 CD 0 t t ro ori ci ori 0 ro ci c I 10 CO LL I CI C III C l Vi C tItItItIfntI l 0 CI 0 CIJ0000 CD tCI0tt0CQI1LLNoNoriLL100 s c ori 10 0 NC C cO 0Q0IN0NN III t5 E l ULL N I Q Cm Q C Ct5CCICIC 0 0 o t III 0 0 tI tI tI III l tI tI tI0III0IIIaJCM000ClllCII0CIQ10010CIQNNUECII0IUIIIIIIlNtfnLLciLCiLCifnaJLLairi tl Cl t LO 1Il Cl CI C III CI C t B CI U BIIICOClCO a c Vi 0 c Q tI tI tI l tI tl C m iUIII a C j CI l Q ro CI Q Q C Q E Q 0 a E Q U I ro UU0 0 0 0 10NN CO 10 I iiErocOriN III 10 I 0 CI 0 I t E I 0 J tI tI tI tI S Q 0 0 0 0Q0NN0IIILLN10t1LLCIoritQ100t C t5 N I C Q fn CtC 0 0 0 0 CO tI tI tI tI III C E 0 0 0lCQ000CQCD0CDfnCI t lL r ci r III Cl 0 t t a C Q ro c III tI tI tI tI a CI CC Q ro0 Qtl0a U I ro 10 0 CO CD t CDC CI ro t E a 0 Q tI tICI C Q3 0 0 0QtCD0CILLI Z C I t 0 Q Z t5 g I Q CI C E C 0 0 0 0 tI tI tI III J C C 10 0CICQt0CQI10fnIIILL X Cl W C J ECO j c tI tI Q III a CI l Q ro U Q 0 U l N 23 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952227 1190 Engineering Phone 952227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952227 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 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us E MEMORANDUM TO Mayor City Council Members tM Y FROM Greg Sticha Finance Director DATE May 14 2007 SUBJ Review of Initial Draft of Debt Policy BACKGROUND In the summer of 2006 I attended a presentation made by Standard Poor s the city s Bond Rating Agency in which they discussed a new program they are using to rate their clients This new program is called Financial Management Assessment The purpose of this program is to determine which of their clients have in place good sound financial management tools and practices After hearing the presentation it became clear that the City of Chanhassen is considered strong in almost all categories graded by S P and good in most others based on my evaluations One criterion they evaluate is Debt Management Policies The City does not have a formal debt policy in place but based on our past debt practices we are very good stewards of our debt use With that in mind staff thought it would be a good idea to put into place a formal debt policy When setting goals for 2007 creating a debt policy was added to the list of goals for our Key Financial Strategies for 2007 One item of note you will not see any measurements of our enterprise or revenue backed debt those debt issues are monitored as part of our annual rate study in the fall Attached is the initial draft of a debt policy for discussion at the May 14th work session During that work session staff will be looking for feedback or recommendations on any portions of this initial draft of the policy Keep in mind that the purpose of the debt policy is to have a tool in place that sets guidelines for issuing debt but does not limit or strain the city s ability to issue debt when needed Representatives from Ehlers and Associates will also be present to guide us through the discussion RECOMMENDA TION Staff recommends that the City Council review and make suggestions to staff on this initial draft of the City s debt policy Once the document is in final form it will be scheduled for approval at a regular Council meeting ATTACHMENT 1 Initial Draft of Debt Policy 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 play24 Chanhassen Debt Policy The City of Chanhassen has chosen by policy to guide its issuance of debt by following the guidelines listed below These practices were identified through examination of materials from state statutes bond rating agencies and the Oovernment Finance Officers Association OFOA This policy can be amended in the future by the City Council but is consistent with general municipal practices at the time of its adoption Policy Adoption In accordance with the authorities cited in the background section the City of Chanhassen will use the following policies in determining when and how to use debt for financing capital and equipment needs I Debt Limits a Legal Limits 1 Minnesota Statutes Section 475 states that the statutory limit for outstanding debt principal cannot exceed 2 of the taxable market value This limitation applies only to debt that is wholly tax supported The type of debt included is either general obligation debt of any size bond issue 0 0 or lease revenue bond issues that were over 1 000 000 at the time of issuance However there are also several other types of debt including 0 0 tax increment 0 0 abatement 0 0 special assessment 0 0 utility revenue and most HRA or EDA issued debt that have a separate revenue source other than taxes and are therefore excluded from the legal debt limit calculation HRA and EDA public project revenue bonds or lease revenue bonds that have a financing lease agreement with a city or county do count against the statutory debt limit 11 Local ordinances do not limit the City s ability to issue debt b Policy Limits 1 Uses of Debt Debt will be used for capital costs only The City will not utilize debt for cash flow borrowing even though this is allowed by state statutes 11 CIP and Financial Planning The City s capital improvement plan shall contain debt assumptions that match this policy and requires a commitment to long range financial planning that looks at multiple years of capital and debt needs 25 111 Tax Increment Bonds The City shall use G O Tax Increment Bonds only when the development merits special consideration c Financial Limits 1 Direct debt is the amount of general obligation principal or lease obligations supported by taxes that are outstanding for the City only Indirect debt is the amount of the City s share of debt of other taxing jurisdictions based upon the City s share of that taxing jurisdiction s net tax capacity Direct debt per capita shall not exceed 1 000 Direct debt as a percentage of the City s taxable market value shall not exceed 2 excluding revenue based debt 11 Bond issues may require a special debt levy The City hereby adopts a policy to limit the amount of the city s property tax levy dedicated to debt service principal and interest plus 5 for G O bonds to less than 25 of the total tax levy Unlike rating agencies the City s definition of tax levy does not include special assessments tax abatements or tax increments 111 Conduit debt The City will review requests for issuance of conduit debt on a case by case basis The city may request a fee upfront not to exceed 1 of the par amount of the issuance II Use of Variable Rate Debt and Derivatives a Variable Rate Debt The City shall use variable rate debt only if the total principal and interest of the debt constitutes less than 20 of the City s total debt payments and only if circumstances dictate the need for a short call date b Derivatives The City will not use derivative based debt III Debt Structuring Practices a Term State law limits general obligation debt to 30 years in most circumstances The City shall not exceed 25 years in term of debt b Term for Equipment The city has a goal of paying for all capital equipment with a useful life of five years or less from cash reserves or annual operating budgets State law does allow cities to issue debt known as equipment certificates or capital notes with a term of ten years or the useful life of the equipment if it is at least 10 years The city would prefer within the bounds of levy limits to fund capital equipment on a pay as you go basis Capital equipment with a useful life greater than five years may be financed with debt but the bond term should not exceed ten years 2 26 c The City s collective debt shall amortize at least 50 of its principal within 10 years d The City shall typically issue debt with level principal and interest payments e The City shall have a call date pre payment date of no longer than 10 years on longer term debt and 6 to 8 years on shorter term debt IV Debt Issuance Practices a Rating Agencies The City utilizes Standard and Poor s for all of its debt issuance of more than 1 million or longer than 3 years in term b Method of Sale The City shall use competitive bidding for all of its debt unless the debt is so specialized in its nature that it will not attract more than 2 bids c Refunding 1 Advance refunding bonds shall not be utilized unless the present value savings of 4 to 5 of refunded principal is achieved and unless the call date is within 4 years The state law minimum is 3 of refunded principal Bonds shall not be advance refunded if there is a reasonable chance that revenues will be sufficient to pre pay the debt at the call date 11 Current refunding bonds shall be utilized when present value savings of 3 of refunded principal is achieved or in concert with other bond issues to save costs of issuance 111 Special assessment or revenue debt will not be refunded unless the Finance Director determines that special assessments or other sufficient revenues will not be collected soon enough to payoff the debt fully at that call date d Professional Services The City shall use an outside bond attorney and an independent financial advisor to structure the sale V Debt Management Practices a Investment of bond proceeds The City shall follow the same investment guidelines when investing debt proceeds as stated in the City s investment policy 3 27 b Disclosure The City shall comply with SEC rule 15 c 2 12 on primary and continuing disclosure Continuing disclosure reports shall be filed no later than 180 days after receipt of the City s annual financial report c Arbitrage Rebate The City shall complete an arbitrage rebate report for each issue no less than every five years after its date of issuance 4 28 ANNUAL MEASUREMENT TO DEBT POLICIES Percent of Debt Limit as of December 31 2005 Amount Market Value Maximum Debt Limit Allowed by State Law 56 177 578 2 0 Based on Market Value Actual Outstanding Debt 8 150 626 3 Available Debt 48 026 952 1 7 Debt Limit As of 12 31 05 the City s debt limit was 56 177 758 based on market value and the debt outstanding that is subject to the limit was 8 150 626 Direct debt as a percentage of the City s taxable market value is 3 as of 12 31 05 History of Debt Per Capita 1 000 per capita limit 1 000 900 800 700 600 500 400 300 200 100 0 342 2000 2001 2002 2003 2004 2005 Direct debt per capita is 342 as of 12 31 05 Amount of City s Property Tax Levy Dedicated to Debt Service Principal Interest 2007 2006 Total Levy 9 575 778 9 354 890 Maximum Allowed Per Policy 2 393 945 25 2 338 723 25 Actual Amount 1 942 928 20 1 938 790 21 The amount of the city s property tax levy dedicated to debt service principal and interest is 20 of the total tax levy 2007 levy The City currently has no outstanding variable rate debt The policy requires that 50 of all debt be amortized within 10 years As of December 31 2006 72 of the City s debt will amortized within 10 years 5 29 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 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site WI1W ci chanhassen mn us F MEMORANDUM TO Mayor City Council Members FROM JGregStichaFinanceDirector DATE May 14 2007 SUBJ Quarterly Financial Report BACKGROUND As part of our KFS goals for 2007 it is the goal of the finance department to provide quarterly financial updates at the council work session At these meetings we will provide year to date budget versus actual analysis of general fund expenditures and a summary of how the city s investments have faired to date In addition other financial matters that have immediate concern may be discussed This quarter s information includes the new financial report that will be distributed monthly in the correspondence packet The new financial reports are a little more summarized and user friendly than previous reports The city s investments for the first quarter of 2007 have had returns in the area of 5 0 to 5 7 depending on the length and type of the investment Also in the first quarter of 2007 the city became a participant in the 4M fund which was created in the early 90 s by the League of Minnesota Cities ATTACHMENT 1 General Fund financial report for 4 30 07 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 play30 General Ledger General Fund Expense Budget vs Actual 4 30 2007 2007 2007 2007 2007 Description Budget Actual Dollars Unspent Unspent CITY COUNCIL 123 400 00 47 83342 75 566 58 61 24 ADMINISTRATION 438 000 00 127 796 93 310 203 07 70 82 FINANCE 318 000 00 83 016 34 234 983 66 73 89 LEGAL 168 000 00 31 190 31 136 809 69 8143 PROPERTY ASSESSMENT 100 100 00 154 75 99 945 25 99 85 MANAGEMENT INFORMATION SYSTEMS 281 200 00 76 229 01 204 970 99 72 89 CITY HALL MAINTENANCE 428 600 00 344 827 22 83 772 78 19 55 ELECTIONS 19 700 00 0 00 19 700 00 100 00 LIBRARY BUILDING 102 200 00 36 135 69 66 064 31 64 64 GENERAL GOVERNMENT 1 979 200 00 747 183 67 1 232 016 33 62 25 POLICE CARVER CO CONTRACT 1 333 700 00 37 644 26 1 296 055 74 97 18 FIRE PREVENTION ADMIN 678 600 00 141 161 55 537438 45 79 20 CODE ENFORCEMENT 756 100 00 195 009 86 561 090 14 74 21 AMINAL CONTROL 69 200 00 20 797 35 48402 65 69 95 LAW ENFORCEMENT 2 837 600 00 394 613 02 2442 986 98 86 09 ENGINEERING 528400 00 162 122 28 366 277 72 69 32 STREET MAINTENANCE 786 500 00 244 322 91 542 177 09 68 94 STREET LIGHTING SIGNALS 314 900 00 90449 24 224 450 76 71 28 CITY GARAGE 459 600 00 121430 07 338 169 93 73 58 PUBLIC WORKS 2 089400 00 618 324 50 1471 075 50 7041 PLANNING COMMISSION 4 200 00 1489 76 2 710 24 64 53 PLANNING ADMINISTRATION 377 600 00 136 331 22 241 268 78 63 90 SENIOR FACILITY COMMISSION 30 100 00 8 308 80 21 791 20 7240 COMMUNITY DEVELOPMENT 411 900 00 146 129 78 265 770 22 64 52 PARK COMMISSION 2 200 00 395 55 1 804 45 82 02 PARK ADMINISTRATION 123 500 00 38478 00 85 022 00 68 84 RECREATION CENTER 269 100 00 82 328 64 186 771 36 69 41 LAKE ANN PARK 71 800 00 3 084 59 68 71541 95 70 PARK MAINTENANCE 819 600 00 214 336 83 605 263 17 73 85 SENIOR CITIZENS CENTER 52400 00 15 185 53 37 214 47 71 02 RECREATION PROGRAMS 274 200 00 57484 48 216 715 52 79 04 SELF SUPPORTING PROGRAMS 131 500 00 28406 72 103 093 28 7840 PARK RECREATION 1 744 300 00 439 700 34 1 304 599 66 74 79 GRAND TOTAL 9 062 400 00 2 345 951 31 6 716448 69 74 11 31 General Ledger Revenue Budget vs Actual VITYOFUlBSSENUserdanielle Printed 04110107 08 38 58 Period 01 03 Fiscal Year 2007 2007 Account Number Description 2007 2007 2007 2007 Budget End BalAvaiVUncollect AvailVncollect Revenue 101 0000 3002 Allowance for Delinquents 320 000 00 0 00 320 000 00 100 00 101 0000 3010 Current Property Tax 6 558 100 00 0 00 6 558 100 00 100 00 101 0000 3011 Delinquent Property Tax 50 000 00 0 00 50 000 00 100 00 0000 6 288 100 00 0 00 6 288100 00 100 00 Grand Total 6 288 100 00 0 00 6 288 100 00 100 00 PROPERTY TAXES 6 288 100 00 0 00 6 288 100 00 100 00 101 0000 3205 Dog or Cat 0 00 7 50 7 50 0 00 0000 0 00 7 50 7 50 0 00 101 1120 3284 Garbage Hauler 3 000 00 1 800 00 1 200 00 40 00 1120 ADMINISTRAnON 3 000 00 1 800 00 1 200 00 40 00 101 1210 3213 Solicitor 500 00 0 00 500 00 100 00 101 1210 3226 Liquor On and Off Sale 84 000 00 77 268 00 6 732 00 8 01 1210 POLICEICARVER CO CONTRACT 84 500 00 77268 00 7 232 00 856 101 12503230 Rental Housing License 15 000 00 4 000 00 11 000 00 73 33 1250 CODE ENFORCEMENT 15 000 00 4000 00 11 000 00 73 33 101 1260 3203 Dog Kennel 500 00 409 00 9100 18 20 101 1260 3205 Dog or Cat 4 500 00 1 547 75 2 952 25 65 61 1260 AMINAL CONTROL 5 000 00 1 956 75 3 043 25 60 87 Grand Total 107 500 00 85 032 25 22467 75 20 90 LICENSES 107 500 00 85 032 25 2246775 20 90 101 0000 3301 Building 0 00 1 599 50 1 59950 0 00 0000 0 00 1 59950 1 59950 0 00 101 1210 3308 Gun 1 000 00 20 00 980 00 98 00 1210 POLICEfCARVER CO CONTRACT 1 000 00 20 00 980 00 98 00 101 1220 3309 Fire Suppression 14 000 00 6 229 29 7 770 71 55 51 1220 FIRE PREVENTION ADMIN 14 000 00 6 229 29 7 770 71 55 51 101 1250 3301 Building 825 000 00 110 268 10 714 731 90 86 63 101 1250 3302 Plan Check 330 000 00 60 636 62 269 363 38 81 63 101 1250 3305 Heating NC 120 000 00 28 199 27 91 800 73 7650 101 1250 3306 Plumbing 85 000 00 17 724 66 67 27534 7915 101 1250 3330 Elec Permit App Forms 0 00 12 00 12 00 0 00 101 1250 3390 Miscellaneous Permits 100 00 0 00 100 00 100 00 1250 CODE ENFORCEMENT 1 360 100 00 216 840 65 1 143 259 35 84 06 101 1260 3320 Stable 300 00 0 00 300 00 100 00 1260 AMINAL CONTROL 300 00 0 00 300 00 100 00 101 1310 3307 Trenching 35 000 00 5 215 05 29 784 95 8510 101 1310 3390 Miscellaneous Permits 850 00 125 00 725 00 85 29 1310 ENGINEERING 35 850 00 5 340 05 30 509 95 851 0 101 1420 3311 Sign 6 500 00 2 545 00 3 955 00 60 85 101 1420 3390 Miscellaneous Permits 50 00 0 00 50 00 100 00 1420 PLANNING ADMINISTRATION 6 550 00 2 545 00 4 005 00 6115 Grand Total 1417 800 00 232 57449 1 185 225 51 83 60 PERMITS 1 417 800 00 232 57449 1 185 225 51 83 60 101 1210 3401 Traffic Ordinance Violation 130 000 00 12 290 31 117 709 69 9055 101 1210 3405 Other Fines and Penalties 0 00 0 00 0 00 0 00 1210 POLICEfCARVER CO CONTRACT 130 000 00 12 290 31 117 709 69 90 55 1 32 2007 2007 2007 2007 Account Number Description Budget End BalAvailUncollect AvailUncollect 101 1260 3402 Vehicle Lock Out 2 500 00 350 00 2 150 00 86 00 101 1260 3404 Dog or Cat Impound 4 000 00 528 95 3 471 05 86 78 1260 AMINAL CONTROL 6 500 00 878 95 5 621 05 8648 Grand Total 136 500 00 13 169 26 123 330 74 90 35 FINES PENALTIES 136 500 00 13 169 26 123 330 74 90 35 101 0000 3509 Other Shared Taxes 20 000 00 0 00 20 000 00 100 00 0000 20 000 00 0 00 20 000 00 100 00 101 1210 3510 State Grants 40 000 00 0 00 40 000 00 100 00 1210 POLICE CARVER CO CONTRACT 40 000 00 0 00 40 000 00 100 00 101 1220 3509 Other Shared Taxes 145 000 00 0 00 145 000 00 100 00 1220 FIRE PREVENTION ADMIN 145 000 00 0 00 145 000 00 100 00 Grand Total 205 000 00 0 00 205 000 00 100 00 INTERGOVERNMENTAL REVENUES 205 000 00 0 00 205 000 00 100 00 101 0000 3602 Variance Cond Use Permits 0 00 50 00 50 00 0 00 0000 0 00 50 00 50 00 0 00 101 1120 3601 Sale of Documents 250 00 0 00 250 00 100 00 1120 ADMINISTRATION 250 00 0 00 250 00 100 00 101 1130 3604 Assessment Search 500 00 240 00 260 00 52 00 101 1130 3619 Investment Mgmt Fee 75 000 00 0 00 75 000 00 100 00 1130 FINANCE 75 500 00 240 00 75 260 00 99 68 101 1170 3613 Misc General Government 2 000 00 47135 1 528 65 7643 1170 CITY HALL MAINTENANCE 2 000 00 471 35 1 528 65 7643 101 1190 3638 Food Concessions 1 500 00 0 00 1 500 00 100 00 1190 LIBRARY BUILDING 1 500 00 0 00 1 500 00 100 00 101 1210 3629 MiSC Public Safety 2 000 00 0 00 2 000 00 100 00 1210 POLICE CARVER CO CONTRACT 2 000 00 0 00 2 000 00 100 00 101 1310 3601 Sale of Documents 3 600 00 380 88 3 219 12 8942 101 1310 3605 Plat Recording Fees 7 500 00 450 00 7 050 00 94 00 101 1310 3614 Construction Admin Fee 120 000 00 0 00 120 000 00 100 00 101 1310 3617 Engineering General 1 000 00 0 00 1 000 00 100 00 101 1310 3629 Misc Public Safety 2 000 00 200 00 1 800 00 90 00 1310 ENGINEERING 134 100 00 1 030 88 133 069 12 99 23 101 1350 3649 Misc Public Works 5 000 00 0 00 5 000 00 100 00 1350 STREET LIGHTING SIGNALS 5 000 00 0 00 5 000 00 100 00 101 1420 3601 Sale of Documents 150 00 55 00 95 00 63 33 101 1420 3602 Variance Cond Use Permits 45 000 00 10 197 00 34 803 00 7734 101 1420 3603 Rezoning 2 000 00 0 00 2 000 00 100 00 101 1420 3605 Plat Recording Fees 2 500 00 450 00 2 050 00 82 00 101 1420 3613 Misc General Government 8 000 00 502 00 7 498 00 93 73 1420 PLANNING ADMINISTRATION 57 650 00 11 204 00 46 446 00 8057 101 1530 3631 Recreation Center Operations 3 500 00 47551 3 02449 86 41 1530 RECREATION CENTER 3 500 00 475 51 3 02449 8641 101 1531 3631 Recreation Center Operations 23 000 00 7 348 67 15 65133 68 05 1531 ROOM RENTAL 23 000 00 7 348 67 15 651 33 68 05 101 1532 3630 Recreation Program Fees 9 000 00 1 036 55 7 96345 8848 101 1532 3631 Recreation Center Operations 50 000 00 8 964 07 41 035 93 82 07 1532 FITNESS 59 000 00 10 000 62 48 999 38 83 05 101 1533 3631 Recreation Center Operations 500 00 75 05 424 95 84 99 1533 PERSONAL TRAINING 500 00 75 05 424 95 84 99 101 1534 3631 Recreation Center Operations 58 000 00 18 785 50 39 21450 67 61 1534 DANCE 58 000 00 18 785 50 39 21450 67 61 101 1540 3635 Watercraft Rental 4 000 00 0 00 4 000 00 100 00 101 1540 3638 Food Concessions 10 500 00 0 00 10500 00 100 00 1540 LAKE ANN PARK 14 500 00 0 00 14 500 00 100 00 101 1541 3634 Park Facility Usage Fee 12 000 00 931 56 11 068 44 92 24 1541 PICNICS 12 000 00 931 56 11 068 44 92 24 2 33 2007 2007 2007 2007 Account Number Description Budget End BalAvaiVUncollect AvaiIlUncollect 101 1545 3633 Equipment Rental 200 00 0 00 200 00 100 00 1545 VOLLEYBALL KITIBALLFIELD RENT 200 00 0 00 200 00 100 00 101 1546 3639 Misc Park Rec 800 00 0 00 800 00 100 00 1546 CANOE RACK RENTAL 800 00 0 00 800 00 100 00 101 1560 3637 Senior Programs 30 000 00 7 114 11 22 885 89 76 29 1560 SENIOR CITIZENS CENTER 30 000 00 7 114 11 22 885 89 76 29 101 1611 3636 Self Supporting Programs 5 000 00 4 093 74 906 26 18 13 1611 FEBRUARY FESTIVAL 5 000 00 4 093 74 906 26 1813 101 1613 3636 Self Supporting Programs 6 400 00 0 00 6400 00 100 00 1613 FOURTH OF JULY 6 400 00 0 00 6 400 00 100 00 101 1614 3630 Recreation Program Fees 3 000 00 0 00 3 000 00 100 00 1614 HALLOWEEN PARTY 3 000 00 0 00 3 000 00 100 00 101 1616 3630 Recreation Program Fees 18 000 00 0 00 18 000 00 100 00 1616 SUMMER PLAYGROUND 18 000 00 0 00 18 000 00 100 00 101 1710 3636 Self Supporting Programs 36 000 00 6 446 63 29 553 37 82 09 1710 PRESCHOOL SPORTS 36 000 00 6 446 63 29 553 37 82 09 101 1711 3636 Self Supporting Programs 1 600 00 12440 1 724 40 107 78 1711 PRESCHOOL ACTIVITIES 1 600 00 12440 1 724 40 107 78 101 1730 3636 Self Supporting Programs 28 000 00 2 395 52 25 60448 9144 1730 YOUTH SPORTS 28 000 00 2 395 52 25 60448 9144 101 1731 3636 Self Supporting Programs 50 000 00 7 937 83 42 062 17 8412 1731 YOUTH ACTIVITIES 50 000 00 7 937 83 42 062 17 84 12 101 1760 3636 Self Supporting Programs 0 00 40 00 40 00 0 00 1760 ADULT SPORTS 0 00 40 00 40 00 0 00 101 1761 3636 Self Supporting Programs 8 500 00 1 677 73 6 822 27 80 26 1761 ADULT ACTIVITIES 8 500 00 1 677 73 6 822 27 80 26 101 1763 3636 Self Supporting Programs 650 00 0 00 650 00 100 00 1763 SPRING 3 0N 3 BASKETBALL 650 00 0 00 650 00 100 00 101 1764 3636 Self Supporting Programs 1450 00 747 21 702 79 4847 1764 WINTER 3 0N 3 BASKETBALL 1450 00 747 21 702 79 4847 101 1766 3636 Self Supporting Programs 19 200 00 394 75 18 805 25 97 94 1766 SUMMER SOFTBALL 19 200 00 394 75 18 805 25 97 94 101 1767 3636 Self Supporting Programs 3 200 00 0 00 3 200 00 100 00 1767 FALLSOFfBALL 3 200 00 0 00 3 200 00 100 00 Grand Total 660 500 00 81 336 26 579 163 74 87 69 CHARGES FOR SERVICES 660 500 00 81 336 26 579 163 74 87 69 101 0000 3801 Bank Interest Earnings 70 000 00 0 00 70 000 00 100 00 101 0000 3803 Building Rental 0 00 900 00 900 00 0 00 101 0000 3807 Donations 5 000 00 0 00 5 000 00 100 00 101 0000 3903 RefundsfReimbursements 0 00 1 00 1 00 0 00 101 0000 3910 Miscellaneous Revenue 0 00 38345 38345 0 00 0000 75 000 00 1 28445 73 71555 98 29 101 11103903 Refunds Reimbursements 0 00 14 25 14 25 0 00 1110 CITY COUNCIL 0 00 14 25 14 25 0 00 101 1120 3802 Equipment Rental Sale 110 000 00 13 599 00 96401 00 87 64 101 1120 3903 Refunds Reimbursements 500 00 1 00 499 00 99 80 1120 ADMINISTRATION 110 500 00 13 600 00 96 900 00 87 69 101 1130 3820 Misc Other Revenue 5 000 00 30 00 4 970 00 9940 101 1130 3829 InterestlPenalty 500 00 0 00 500 00 100 00 101 1130 3903 RefundsfReimbursements 5 000 00 0 03 4 999 97 100 00 101 1130 3980 Cash Short Over 0 00 1 07 1 07 0 00 1130 FINANCE 10 500 00 3110 10 468 90 9970 101 1140 3808 Insurance Reimbursements 0 00 0 00 0 00 0 00 1140 LEGAL 0 00 0 00 0 00 0 00 101 1170 3808 Insurance Reimbursements 5 000 00 0 00 5 000 00 100 00 101 1170 3903 RefundsfReimbursements 600 00 0 00 600 00 100 00 3 34 2007 2007 2007 2007 Account Number Description Budget End BalAvaiUUncollect AvaiUUncollect 1170 CITY HALL MAINTENANCE 5 600 00 0 00 5 600 00 100 00 101 1190 3803 Building Rental 0 00 0 00 0 00 0 00 1190 LIBRARY BUILDING 0 00 0 00 0 00 0 00 101 1210 3807 Donations 2 000 00 2 250 00 250 00 1250 1210 POLICE CARVER CO CONTRACf 2 000 00 2 250 00 250 00 12 50 101 1220 3903 RefundsReimbursements 2 500 00 0 00 2 500 00 100 00 1220 FIRE PREVENTION ADMIN 2 500 00 0 00 2 500 00 100 00 101 1250 3816 SAC Retainer 5 000 00 0 00 5 000 00 100 00 101 1250 3818 Sur Tax Retainer 1 500 00 116 61 1 383 39 92 23 101 1250 3903 RefundsReimbursements 1 500 00 114 75 1 385 25 92 35 101 1250 3980 Cash ShortOver 0 00 0 03 0 03 0 00 1250 CODE ENFORCEMENT 8 000 00 231 39 7 768 61 9711 101 1310 3903 RefundsReimbursements 500 00 25 00 475 00 95 00 1310 ENGINEERING 500 00 25 00 475 00 95 00 101 1320 3903 RefundsReimbursements 1 250 00 252 82 997 18 79 77 101 1320 3910 Miscellaneous Revenue 0 00 200 00 200 00 0 00 1320 STREET MAINTENANCE 1 250 00 452 82 797 18 63 77 101 1350 3903 RefundsReimbursements 11 000 00 39 38 10 960 62 99 64 1350 STREET LIGHTING SIGNALS 11 000 00 39 38 10 960 62 99 64 101 1370 3903 RefundsReimbursements 700 00 62 50 637 50 91 07 1370 CITY GARAGE 700 00 62 50 63750 9107 101 1420 3903 RefundsReimbursemcnts 100 00 26 16 73 84 73 84 1420 PLANNING ADMINISTRATION 100 00 2616 73 84 73 84 101 1520 3903 RefundsReimbursements 5 000 00 0 00 5 000 00 100 00 1520 PARK ADMINISTRATION 5 000 00 0 00 5 000 00 100 00 101 1534 3903 RefundsReimbursements 500 00 0 00 500 00 100 00 1534 DANCE 500 00 0 00 500 00 100 00 101 1550 3903 RefundsReimbursements 500 00 3 475 00 2 975 00 595 00 1550 PARK MAINTENANCE 500 00 3475 00 2 975 00 595 00 101 1560 3807 Donations 0 00 100 00 100 00 0 00 1560 SENIOR CITIZENS CENTER 0 00 100 00 100 00 0 00 101 1600 3807 Donations 13 000 00 7 300 00 5 700 00 43 85 101 1600 3903 RefundsReimbursements 150 00 53 80 96 20 64 13 1600 RECREATION PROGRAMS 13 150 00 7 353 80 5 796 20 44 08 101 1731 3903 RefundsReimbursements 200 00 0 00 200 00 100 00 1731 YOUTH ACTIVITIES 200 00 0 00 200 00 100 00 Grand Total 247 000 00 28 945 85 218 05415 88 28 MISC REVENUE 247 000 00 28 945 85 218 054 15 88 28 Grand Total 9 062 400 00 441 058 11 8 621 341 89 9513 4 35 G Presentation of A wards to Commissioners Dotti Shay Maple Leaf Award Dotti Shay was appointed to the Environmental Commission in April 1998 From 1999 until 2002 Dotti served as Chair of the tJlfCommissionHerlistofaccomplishmentswiththecommissionislongand comprehensive Dotti was involved in the large environmental book purchase for the Chanhassen library promoting the environmental presentations by Climb Theater at all the local elementary schools implementing the new resident packets promoting composting and renewable energy producing multiple public education pieces for distribution to residents and the Chan Villager the printing and selling of reusable shopping canvas tote bags and the Commission 4th of July parade float She also helped develop the Arbor Day poster contest and the Environmental Excellence A ward programs Marilyn Luthy Certificate of Appreciation Marilyn Luthy was a member of the Senior Commission from 2004 2007 Over the last 3 years the Commission has placed an emphasis on getting the word out about programs and educational opportunities for seniors Marilyn was involved in the informational open houses and the senior picnics Additionally Marilyn spends many hours assisting the Senior Center Coordinator with the day to day activities that occur at the center She is always willing to escort groups on tours and assists with set up for various events held at the Senior Center 36 CHANHASSEN CITY COUNCIL WORK SESSION APRIL 23, 2007 The work session began at 5:30 p.m. with a tour of the water treatment plant. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Todd Hoffman, Lori Haak, Kelley Janes, and Kevin Crooks TOUR OF WATER TREATMENT PLANT. Kelley Janes and Kevin Crooks brought the city council and staff members on a tour of the water treatment plant. One of the problems associated with the start up of the water treatment plant is residents having trouble setting their water softeners. Paul Oehme stated the city will have an article in the newspaper and will set up a series of meetings to help educate the public on the correct settings . Mayor Furlong commended staff on their planning, construction and operation of the water treatment plant. TH 5 CORRIDOR STUDY UPDATE. Paul Oehme updated the council on meetings with MnDot, Carver County and cities affected along the Highway 5 corridor from Highway 41 to Young America, noting the City will be using the same guide plan that was used with the Highway 101 south alignment. The gist of the project is to identify future use and the associated right-of-way needed to facilitate future growth. The first phase of the study will begin in August-September and will take approximately a year to complete. Mr. Oehme reviewed the budget and funding needed for the study. Todd Gerhardt noted the next step is for the City Council to approve the letter of support for the study and the $10,000 contribution from the City of Chanhassen. The work session was recessed at 6:45 p.m.. It was reconvened at 8:15 p.m.. DISCUSSION OF AMENDMENT TO CITY CODE REGARDING: 1. WETLAND BUFFERS AND SETBACKS. Lori Haak provided historical information regarding the wetland buffer and setback ordinance. Councilwoman Ernst asked staff to clarify the comparisons to other cities. Mayor Furlong asked council members to give staff direction on what they'd like to see brought back for council consideration. Councilman Peterson asked to see the numbers for Manage 1, 2 and 3 kept at the general acceptable range of 25, 20 and 16.5. Councilman Litsey felt the report was well prepared and supported staff's recommendation. Councilwoman Ernst agreed with Councilman Peterson about being more competitive with other cities. Councilwoman Tjornhom also agreed with Councilman Peterson, noting the city's water quality is good now with the current numbers 37 City Council Work Session - April 23, 2007 and provides people with a reasonable use of their property. Mayor Furlong asked for clarification on the percentage of properties that would be affected by the new classifications. He felt comfortable going forward with Councilman Peterson's recommendation which gives a balance between water quality and property owner's rights. Todd Gerhardt explained the function of setbacks in trying to find a comfortable balance between environmental protection and property rights. Mayor Furlong suggested the need to provide funding for improvements to the Lotus Lake watershed as a priority. Lori Haak explained that the wetland buffers and setbacks are a common struggle for all cities and counties, noting that the Minnesota Pollution Control Agency is working on implementing new regulations to improve the biological integrity of wetlands within the next 5 to 10 years, which the City will have to conform. 2. IMPERVIOUS SURFACE DEFINITION. Lori Haak explained the work done by staff since the council last saw this item, including a tour by staff members of Maplewood and Little Canada and the use of pervious materials in parking lots and other applications. Staff prepared a list of issues and asked council to provide direction on the impervious surface definition, credit for pervious technologies and the appropriate use of pervious technologies. Councilwoman Ernst asked staff to clarify the percentages and how the two alternatives would be used. Lori Haak noted that staff originally was recommending Alternative 1, but after further research is now recommending Alternative 2. Councilman Litsey asked for the rationale in staff's shift in their recommendation. After discussion, all council members favored Alternative 2 as reasonable and a good starting point. Mayor Furlong explained the need to expand the definition of impervious surface and how that will be regulated by the Minnesota Stormwater Manual and other state agencies, and the use of providing a credit. Kate Aanenson explained the problems staff anticipates to encounter in implementing these changes, noting staff wants to move forward but slowly. Mayor Furlong explained the study process and funding options available with the Highway 5 corridor study. He asked if council members were comfortable with the letter of support, outlining the benefits the City of Chanhassen will gain from the upgrade. All members voiced support. Mayor Furlong adjourned the work session at 9:40 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 2 38 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES APRIL 23, 2007 Mayor Furlong called the meeting to order at 7:05 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Jill Sinclair, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Amy Johnson 2905 Butternut Drive Matt Rasmussen 1026 Bluff Pass South, Chaska Deb Lloyd 7302 Laredo Drive PUBLIC ANNOUNCEMENTS: ACCEPT DONATION OF $10,750 FROM DISTRICT 112 BASEBALL ASSOCIATION FOR FIELD IMPROVEMENTS, JIM MOSS. Jim Moss with the District 112 Baseball Association presented a check in the amount of $10,750 to the City of Chanhassen for construction of a new ballfield at the Chanhassen Recreation Center. PROCLAMATION DECLARING ARBOR DAY & INVITATION TO ARBOR DAY CELEBRATION, MAY 5, 2007. Mayor Furlong reviewed the events that will take place on Saturday, May 5th at City Center Park and the Chanhassen Library in connection with Arbor Day. The following were introduced as winners in the Arbor Day Poster Contest. Justin Herz, grand prize winner. Lauren Hugh, Julia Priem, Emili Klauda, Olivia Lano, Zach Bowman, Claire Katehur, Britt Cahlander, Hannah Truempi, Katie Galioto, Michael O'Brien, Erin DeNucci, and Tony Kjolsing as runners up. Resolution #2007-26: Mayor Furlong moved, Councilman Peterson seconded to approve the proclamation declaring May 5, 2007 as Arbor Day in the City of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PRESENTATION OF MAPLE LEAF AWARDS TO PAST COMMISSIONERS. Mayor Furlong presented Maple Leaf Awards to Jack Spizale, Park and Recreation Commission; Jo Mueller, Environmental Commission; and the family of Mel Kurvers, Senior Commission. CONSENT AGENDA: Councilwoman Ernst moved, Councilman Litsey seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: 39 City Council Summary - April 23, 2007 a. Approval of Minutes: -City Council Work Session Minutes dated April 9, 2007 -City Council Verbatim & Summary Minutes dated April 9, 2007 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated April 3, 2007 -Park and Recreation Commission Verbatim & Summary Minutes dated March 27, 2007 b. The Arbors, Located at 7537 and 7570 Dogwood Road, Applicant: Carlson Custom Homes, Inc.: 1) Final Plat Approval 2) Approve Plans & Specifications and Development Contract c. Resolution #2007-27: Crestview, Project 05-11: Accept Streets and Utilities. d. Boulder Cove, Project 06-15: Extend Time to File Final Plat to August 1, 2007. f. Approval of Stonebridge Wireless Lease Agreement, West 82nd Street. g. Award of Contract, Lakescaping Project. h. Accept $500 Donation to the Chanhassen Fire Department from Custom Fab Solutions. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 1(i). ACCEPT $10,750 DONATION FROM DISTRICT 112 BASEBALL ASSOCIATION FOR FIELD USAGE. Councilwoman Ernst asked staff to clarify if this donation obligates the City to anything at this time and if money was budgeted. Todd Gerhardt explained that the donation will cover the entire cost of construction for a ballfield at Bluff Creek Elementary. Councilman Litsey moved, Councilman Peterson seconded to accept the $10,750 donation from District 112 Baseball Association for field usage. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Ross Gullickson presented the sheriff's office area report, and area citation list for the month of March and provided an update on recent media attention from Fox 9 News regarding coyotes on the loose in Chanhassen. Chief Greg Geske reported that the fire department had a CPR save the previous week and would be presenting CPR save pins to the fire fighters involved at their training meeting. He also provided updates on the pancake breakfast and water safety tips. On May 9th the City of Chanhassen fire department will be attending, along with St. Louis Park, Eden 2 40 City Council Summary - April 23, 2007 Prairie, Plymouth, Minnetonka, Edina and Bloomington Fire Departments in the 2007 Fire Service Women's Expo. KOEHNEN AREA/YOSEMITE AVENUE STREET RECONSTRUCTION PROJECT 07- 01: A. ASSESSMENT HEARING. B. ACCEPT BIDS & AWARD CONTRACT. C. APPROVE CONSULTANT CONTRACT FOR INSPECTION SERVICES. Public Present: Name Address Marcus Thomas Bolton & Menk, Inc. Mike & Reva Schmidt 6470 Yosemite Avenue Willard & Shirley Johnson 1660 West 63rd Street Victoria Simpson 6430 Yosemite Avenue Shirley Garcia 6420 Yosemite Avenue Kara Stoddart Witt 7305 Galpin Boulevard Doug Schrurich 6320 Yosemite Avenue Russ Stoddart 1611 West 63rd Street Paul Oehme reviewed the project and introduced Marcus Thomas with Bolten & Menk, Inc., the consultant for the project. Marcus Thomas gave a brief presentation on the scope of the project and reviewed the assessments being proposed. Councilman Litsey asked for clarification on the type of curb and gutter being proposed. Mayor Furlong opened the public hearing. Mike Schmidt, 6470 Yosemite Avenue asked for clarification on the expense for routing of the storm water drainage into a holding pond before going into the wetland pond. Shirley Garcia, 6420 Yosemite Avenue expressed concern with the loss of birch, pines and lilacs due to moving of the utility lines, asked if the city had explored putting the utility lines underground and clarification on the need for curb and gutter. Councilman Peterson moved, Councilwoman Ernst seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Marcus Thomas presented information from the bid opening and recommended the low bid submitted by S.M. Hentges and Sons in the amount of $2,271,502.88. Paul Oehme recommended approval of the contract for construction administration to Bolton & Menk, Inc. in the amount of $110,900.00. Resolution #2007-28A: Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the assessment roll for the 2007 Street Improvement Project 07-01 and adopt a resolution for the assessments. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 3 41 City Council Summary - April 23, 2007 Resolution #2007-28B: Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the resolution accepting the bid and awarding the contract to S.M. Hentges & Sons, Inc. in the amount of $2,271,502.88 for the Koehnen Area/Yosemite Avenue street and utility reconstruction. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2007-28C: Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the quote for Construction Administration Services to Bolton & Menk, Inc. in the amount of $110,900.00. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER VACATION OF EASEMENT IN LOT 1, BLOCK 1 & OUTLOTS A & B, BLOOMBERG ADDITION (COUNTRY SUITES), VACATION FILE 07-03. Paul Oehme presented the staff report on this item. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. Resolution #2007-29: Councilwoman Ernst moved, Councilman Peterson seconded to approve the vacation of easement on Lot 1, Block 1 and Outlots A and B, Bloomberg Addition (Country Suites), Vacation File 07-03 contingent upon simultaneous recording of the easement dedication. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt reminded the council of an email he sent about an ULI conference regarding outdoor malls and asked if anybody was interested in attending to learn more about outdoor malls and outdoor retail developments. He also showed examples of metal pipe deterioration affected by "hot soil" conditions in the city. CORRESPONDENCE DISCUSSION. None. Councilman Peterson moved, Councilwoman Ernst seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:05 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 4 42 CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 23, 2007 Mayor Furlong called the meeting to order at 7:05 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Jill Sinclair, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Amy Johnson 2905 Butternut Drive Matt Rasmussen 1026 Bluff Pass South, Chaska Deb Lloyd 7302 Laredo Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome to everybody here that's joining us this evening and those watching at home as well. We're glad that you joined us. At this time I would ask members of the council if there are any modifications or additions to the agenda. Without objection then we'll proceed with the agenda as published. We have a number of presentations and announcements to make at the beginning of the meeting here so I'm going to step down and ask various people to join me at different times. ACCEPT DONATION OF $10,750 FROM DISTRICT 112 BASEBALL ASSOCIATION FOR FIELD IMPROVEMENTS, JIM MOSS. Mayor Furlong: Is Jim here? Moss. Come on up. Jim Moss is here from the District 112 Baseball Association and he's here tonight to present the City with a donation in the amount of $10,750 from his association. This money will be allocated towards construction of a new ball field out at Chanhassen Rec Center. On behalf of the City Council and city staff, Jim, thank you to you and to your entire association for this wonderful donation. We really appreciate it. Jim Moss: Thank you so much for your support. Mayor Furlong: Absolutely. Todd Gerhardt: Jim, thank you. Councilman Peterson: Maybe we should ask with all these people Tom, if anybody else wants to give any money too. 43 City Council Meeting - April 23, 2007 Mayor Furlong: Pass the hat? Worth a try. PROCLAMATION DECLARING ARBOR DAY & INVITATION TO ARBOR DAY CELEBRATION, MAY 5, 2007. Mayor Furlong: I'd like to move now to various activities, announcements associated with Arbor Day. The City of Chanhassen is going to be celebrating Arbor Day on Saturday, May 5th at City Center Park and at the Chanhassen Library. From 10:00 a.m. til noon there will be a variety of activities offered for families and children of all ages. Children will be able to plant seeds to take home with them. Have their picture taken with Woodsy Owl. Pick up a free seedling and also have face painting set up. There will be local naturalist Jim Gilbert will be on hand from 10:30 a.m. at the Senior Center to talk about spring happenings in Minnesota outdoors. There will be an enviro show at the Chanhassen Library beginning at 11:00. Carver-Scott Master Gardeners will be available at the Chanhassen Library to answer many questions. The annual tree sale will be going on from 10:00 til noon in the east parking lot, and in the morning we'll have various volunteer groups that will be picking up litter around many of our city parks. It's a great way to get started and do some spring cleaning in our parks to celebrate Arbor Day. There is a proclamation that I'm going to ask the council to approve as a part of our agenda calling and declaring citizens to honor Arbor Day, plant trees and make our city more beautiful. At this time too I'd like to invite on behalf of the City Council and the Environmental Commission, I'd like to congratulate and invite a number of the Arbor Day poster winners to come up and join me up here. The City has been sponsoring this contest for 7 years in order to express our commitment to trees in our community. Every year the local fifth graders are invited to submit drawings based on the annual theme. The theme for this year's Arbor Day is Trees are Terrific and Forests are Too. The City would like to thank all the fifth graders at St. Hubert's School, Bluff Creek Elementary School for their wonderful drawings. We'd also like to thank Lotus Lawn and Garden for their generous donation for the grand prize winner of a tree of their choice. Please visit the Chanhassen Library plaza room over the next couple weeks to see all the posters that were submitted. The framed winning poster will hang in City Hall along with the past winners in honor. I'd like to invite at this time the runners up who will be receiving potted trees that they can pick up at the Arbor Day Celebration to come up here and join me up here. Hopefully you're here. Start with Lauren Hugh. If you'd like to come on up. Julia Priem. Emili Klauda. Olivia Lano. Zach Bowman. Claire Katehur. Britt Cahlander. If I get any of these last names right it will be a triumph. Hannah Truempi. Katie Galioto. Michael O'Brien. Now there's one I can get. Erin DeNucci and Tony Kjolsing. And then I'd also like to invite our grand prize winner to come forward. Justin Herz. Where's Justin? Hi Justin. Congratulations. Why don't you come up right here in the middle and hold your poster. This is the winning poster. It looks great and that will be hanging in City Hall, along with the others from the last 7 years. Let's give all these children a round of applause. Thank you everyone. Good job. Resolution #2007-26: Mayor Furlong moved, Councilman Peterson seconded to approve the proclamation declaring May 5, 2007 as Arbor Day in the City of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2 44 City Council Meeting - April 23, 2007 PRESENTATION OF MAPLE LEAF AWARDS TO PAST COMMISSIONERS. Mayor Furlong: We're going to present a few Maple Leaf awards this evening. Maple Leaf awards are a way for our city to recognize outstanding service by a number of residents for their service to the city. Jack Spizale has served on the Park and Rec Commission from the years 2001 to 2007. During his 6 year tenure Jack rarely missed a meeting and volunteered to work on a majority of our special event projects. While participating in the meetings Jack was a good listener, respectful of other people and willing to offer his position on various issues at hand. Fellow commissioners looked to Jack for his leadership and guidance. Many important projects were accomplished during his time on the commission, including the construction of the Highway 101 trail, Marsh Glen trail connector, the Highway 41 trail connector, city wide playground replacement projects, construction of City Center Park, Lake Ann Park maintenance facility, the Old Village Hall Plaza, and the access road and parking lot improvements to Lake Ann. Jack, on behalf of the City Council and the Park and Rec Commission and all the residents, thank you very much for your service and for all that you did. Jo Mueller is here this evening. She was appointed to the Environmental Commission in April of 1998. From that time she served as Vice Chair, or during her tenure on the Environmental Commission she served as Vice Chair from 2000 to 2002. Her accomplishments are long and impressive. She was involved in a large environmental book purchase for the Chanhassen Library, promoting environmental presentations for the Climb Theater at the local elementary schools, implementing new resident packets, promoting composting and renewable energy, producing multiple public education pieces for distribution to residents throughout the city and in the Chanhassen Villager, the printing and selling of reusable shopping bags, tote bags, and participating and helping with the commission's float for the 4th of July parade. She was also involved with the Arbor Day Poster Contest and many environmental awards. Jo, on behalf of the City Council, staff and all the residents, thank you very much for all your service and great ideas over the years. We appreciate it. Jo Mueller: No problem. Mayor Furlong: Tonight we have Jacqui Kurvers and her family here. Mel Kurvers was a member of our Senior Commission from 1999 to 2007. Over the past 8 years Mel was a part of a team that worked to expand the senior center, encourage businesses to designate specific parking for our senior citizens, assisted with the development of congregate dining and delivery of Meals on Wheels. Was an avid supporter of the Veterans Monument that we're working on in City Center Park. Mel was an active member of the Senior Men's Club and many of the activities that occurred at the senior center. He also served many years as an election judge and was a regular volunteer selling trees at Arbor Days. We're going to miss him on the 5th. Outside of the city activities, he was also active in Chanhassen American Legion Club, the Knights of Columbus and St. Hubert's Church. Mel passed away in March of this year and I'm honored and privileged to be able to present this Maple Leaf award to his wife Jacqui and their family. Thank you very much. Jacqui Kurvers: Thank you. 3 45 City Council Meeting - April 23, 2007 Mayor Furlong: Okay, Dottie Shay was not able to be with us tonight. She was also a member of the Environmental Commission. She should have received her Maple Leaf award tonight but we'll try to get her back to a future council meeting to present it to her then. Can I go sit down now? Todd Gerhardt: You can sit down. CONSENT AGENDA: Councilwoman Ernst moved, Councilman Litsey seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated April 9, 2007 -City Council Verbatim & Summary Minutes dated April 9, 2007 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated April 3, 2007 -Park and Recreation Commission Verbatim & Summary Minutes dated March 27, 2007 b. The Arbors, Located at 7537 and 7570 Dogwood Road, Applicant: Carlson Custom Homes, Inc.: 1) Final Plat Approval 2) Approve Plans & Specifications and Development Contract c. Resolution #2007-27: Crestview, Project 05-11: Accept Streets and Utilities. d. Boulder Cove, Project 06-15: Extend Time to File Final Plat to August 1, 2007. f. Approval of Stonebridge Wireless Lease Agreement, West 82nd Street. g. Award of Contract, Lakescaping Project. h. Accept $500 Donation to the Chanhassen Fire Department from Custom Fab Solutions. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 1(i). ACCEPT $10,750 DONATION FROM DISTRICT 112 BASEBALL ASSOCIATION FOR FIELD USAGE. Councilwoman Ernst: Just a couple questions. I would like to know if the donation obligates us to anything at this point? Todd Gerhardt: Right now we're planning on building an extra ballfield out at Bluff Creek Elementary. We're kind of going to share an outfield so basically what we're going to do is put bases, a little line infield and a backstop. It's almost, we'll use all the money for that field. 4 46 City Council Meeting - April 23, 2007 Councilwoman Ernst: So do we have, was that in the budget? I mean I would assume that it's going to cost more than $10,000 to build the field. Todd Gerhardt: Nope. That's the cost. Councilwoman Ernst: Okay, good. Todd Gerhardt: We wanted to find a project where we could say was their's. Councilwoman Ernst: Great, thank you. Mayor Furlong: Very good. Is there a motion to approve item 1(i)? Councilman Litsey: So moved. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Any discussion on the motion? Councilman Litsey moved, Councilman Peterson seconded to accept the $10,750 donation from District 112 Baseball Association for field usage. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Ross Gullickson: Good evening Mr. Mayor, members of the council, city staff. After being on vacation last month it's good to see everybody again. You know it never fails, I leave on vacation thinking that it will be warmer than back here, and it never fails, you have record high temperatures so I spent all that money for nothing but it's certainly good to see you all again this evening. Sheriff's report and month statistics for March, 2007. There were 78 criminal calls for service last month, consisting of 25 Part I crimes and 53 Part II crimes. Interestingly reported Part I crimes from February until March remain steady with 25 incidents being reported for each month. Part II crimes saw an increase from 28 in February to 53 incidents in March. Part I offenses were broken down into the following. We had 7 burglaries that were reported in March. Further research into these reports revealed that only 3 of those reports were actual burglaries. The remaining 4 consisted of 1 burglary attempt and 3 reports that were unfounded in that further investigation indicated that no criminal act occurred. There were also 15 thefts and 3 vehicle thefts reported in March. Theft reports consisted of a few reports of theft from construction sites, gas drive off's, thefts of mailboxes, etc.. The vehicle thefts that were reported consisted of a trailer that was stolen and the remaining 2 were unfounded. They turned out to be civil manners and that there was again no criminal act. Part II offenses, as I stated before, Part II offenses saw 5 47 City Council Meeting - April 23, 2007 an increase from February until March. As I have reported to the council many times in the past, the majority of these incidents center on property damage and theft. Again, the crime statistics relevant not only to Part II crimes but to Part I crimes, indicate that the majority of our criminal activity here in Chanhassen is centered on property crimes. The stats indicate that these property crimes are fairly minor in nature and usually are associated with juvenile activity consisting of spray painting, mailbox thefts, damages, egging, thefts from vehicles, disturbing the peace calls, etc.. In addition juveniles have the likelihood of becoming victims of crime committed by older perpetrators. As in years past with the warmer weather soon approaching and pretty much well under way, we will begin to see an increase in juvenile activity within the city. Thus we will begin to see an increase in these types of calls. To address this I've directed Chanhassen deputies to actively enforce the curfew ordinance, not only to prevent juveniles from committing crimes but more importantly to protect them from becoming victims of crimes themselves. So non- criminal calls for service in March, there were 1,063 non-criminal calls which brings us to a grand total in March of 1,141 calls for service handled by Chanhassen deputies. There were 296 traffic stops that were initiated last month, and 219 citations were issued city wide. But I do want to note an error on your crime stat packet. If you would, your first page there that has the listing of citations and Part I and Part II crimes, the number that you have I believe is in error in that the first two columns, it says 2006 for the first two columns and 2005. It should be 2007 and 2006. And to that end, the year to date total of 902 citations, that was wrong. There's an automatic calculation that's entered on the database down at the sheriff's office. That's been corrected so year to date totals for citations in Chanhassen are 682. Finally I wanted to update the council on some recent media attention that we've had regarding some coyotes on the loose in Chanhassen. Fox 9 News ran a special last week regarding an increase in coyote sightings in the city, and voiced some concerns on safety. We have had several reported sightings over the past 2 to 3 months, about 20 to 30 reported sightings that citizens have seen the coyotes running along 78th Street in the Lake Minnewashta area. Powers Boulevard. And the first of these reports consisted of an injured coyote who was limping on it's hind quarters and we also received a report that there was an arrow that was stuck in the animal. We have not received any reports of that specific animal as of late and I'm assuming that it has succumbed to it's injuries somewhere. But we have had numerous reports of healthy coyotes running around the city. I do want to stress to the council they present no danger to humans. Small domestic animals and pets can be at risk if left unattended for periods of time, but there have been no reports of coyotes attacking a human throughout the state, and that was one of the concerns that the news media did have. The city does have some tips on coyotes and what to do when you see one, and they can access that informational page via the city's web site. With that Mr. Mayor, members of the council, that is the monthly update for the sheriff's report for 2007, March. I would turn it over to you for any questions, comments or concerns from the council. Mayor Furlong: Thank you. Any questions for Sergeant Gullickson? Councilman Peterson: Sergeant, probably you've seen this before but it raises a question now because I can't remember what it is, but under the charges that are literal, what's the charge for traffic control device? Sgt. Ross Gullickson: What is the charge? 6 48 City Council Meeting - April 23, 2007 Councilman Peterson: Yeah, or what is the. Sgt. Ross Gullickson: What is the violation? It's traffic control device can mean just about anything. It can be a stop sign. Semaphores. Anything that will control traffic out on the highways. Councilman Peterson: You weren't acknowledging that the light was red, etc, etc, so it's a generic term? Sgt. Ross Gullickson: Yes. Councilman Peterson: Thanks. Mayor Furlong: Any other questions? No? Very good, thank you. Sgt. Ross Gullickson: Have a good evening. Mayor Furlong: Good evening. Chief Geske is here from our Chanhassen Fire Department. Good evening Chief. Chief Greg Geske: Good evening. Apparently last month was the month for vacations. I was on vacation also. Last week, first I wanted to report last week we did have a CPR save. In fact tonight it is our practice that we give a CPR save pins out to the fire fighters that are involved and we had a presentation tonight at our training. Hopefully the person we worked on full recovery, but we did have a CPR save and it's pretty exciting when that does happen. We had a pancake breakfast beginning of the month. It's kind of feast or famine. Last year we ran out of sausages. This year we had all kinds of extras so we can never plan too good but was a good turn out. It's always good to see the little kids come in their full dress turn out gear. I imagine it's pretty exciting for them to come up to the fire station and see them up there so, that was a good turn out and we had fairly good weather. Recently, in the past week we have had a couple water related calls and I do want to bring to everybody's attention that the water is very cold. We had 2 over turned boats. In one situation they did have life jackets on. The other situation they did not. It was very lucky to I guess to get to shore in that case. The water is very cold. I just want to emphasize that we do practice safe boating out there, especially in this cold time and having the life jacket use. We do have a dive team but we don't like to put them in service. The other thing that I'd like to bring up is the, you'll see it in the news, I believe it's media day on May 9th, but we are participating along with St. Louis Park, Eden Prairie, Plymouth, Minnetonka, Edina and Bloomington Fire Departments in the 2007 Fire Service Women's Expo. Started last year. Eden Prairie saw I guess it as an untapped resource. We don't see as much women in fire service so they initiated it. We joined in and we actually have a day, we'll be on May 19th at the South Metro Public Safety Training Center. It's a day for women to come and find out what the fire service is about. They can put out actual fires that we have. Extradite people from cars. Do physical agility and it was a great turn out last year and we hope for a great turn out this year also. Welcome any women that are watching to, if you're interested in becoming a fire fighter and you'd like to find out what it's about, you can contact me at my email and I'll forward the information on so like I say, it was very good last year and we have our, we have very many 7 49 City Council Meeting - April 23, 2007 women fire fighters on our department and basically they go out there and do all the showing off also so it's a great asset. Basically it. Mayor Furlong: Okay, thank you. Any questions for the Chief? Comments. Very good, thank you. Have a good evening. KOEHNEN AREA/YOSEMITE AVENUE STREET RECONSTRUCTION PROJECT 07- 01: A. ASSESSMENT HEARING. B. ACCEPT BIDS & AWARD CONTRACT. C. APPROVE CONSULTANT CONTRACT FOR INSPECTION SERVICES. Public Present: Name Address Marcus Thomas Bolton & Menk, Inc. Mike & Reva Schmidt 6470 Yosemite Avenue Willard & Shirley Johnson 1660 West 63rd Street Victoria Simpson 6430 Yosemite Avenue Shirley Garcia 6420 Yosemite Avenue Kara Stoddart Witt 7305 Galpin Boulevard Doug Schrurich 6320 Yosemite Avenue Russ Stoddart 1611 West 63rd Street Paul Oehme: Thank you Mayor, City Council members. The Koehnen/Yosemite street improvement project was originally proposed for construction in the summer of 2006. However due to delays in obtaining the necessary Minnesota Department of Transportation designation for Yosemite, the project was delayed one year. The proposed improvements have not changed from the 2006 project. Staff has held two neighborhood meetings for this year's project. The last one was on April 11, 2007. At that meeting about 12 property owners did attend. For tonight's assessment hearing there are 67 notices that have been sent out. Staff has proposed improvements for these streets based upon several factors. The watermain in this area, we have documented 24 breaks and the most recent one has just been last January. Part of it is cast iron and is notorious for breaking. Portions of the sanitary sewer mains in this area have egged or flattened out and cannot be maintained properly at this time. Egged pipe could cause sewer back-up's and again if the pipe's not maintained properly. The drainage in this area is also very poor. Storm water drainage. There is no perceived water quality elements currently that exist in this area before the water discharges into water body. Last year, as council may recall, the City did purchase several drainage and utility easements and did purchase one property owner, property to facilitate future water quality benefits in this area. The City pavement management program has rated these streets as being very poor and recommends them being replaced. The streets, typically are about 35 years old and city crews annually have to patch potholes in this area constantly. I had asked the consultant for this project to give a brief explanation of the work along with the proposed assessment amounts. Any issues that the City Council wishes to discuss 8 50 City Council Meeting - April 23, 2007 regarding the project financing are appropriate during the assessment hearing portion of the project. Public testimony should be received for the project. The property owners should be reminded that they must file written objection for the City to either, prior to or during the actual assessment hearing. Objections for the public hearing, after the public hearing are invalid. The assessment objection is a request by the property owner for the council to review the assessment amounts. Staff may have an immediate response to the individual comments or in some circumstances the objection should be received for further review by staff. The remaining assessment roll should be however adopted. If this council feels that the objection cannot be addressed immediately, the report will be presented to council on a future council agenda. The council however should adopt the remaining assessment roll at this time in order for the project to proceed on schedule. If there are no objections filed, or the City Council feels confident of the city staff's investigation of the results and any changes being made to the assessment roll, a motion by the City Council adopting the assessment roll as prepared is needed for the project to move forward. To date no assessment objections have been received by staff. At this time I'd like to have Marcus Thomas with Bolton-Menk give a brief presentation on the scope of the project. Marcus Thomas: Thank you Paul. Thank you Mayor, council. As Mr. Oehme suggested I just want to offer a very brief description of the overall project improvements associated with the Koehnen area improvement project. I'd be happy to answer any specific questions that you might have if you want any more details. In general we're proposing to reconstruct the street corridors within the Koehnen area neighborhood, which includes Koehnen Circle West, Koehnen Circle East, West 63rd Street between Cardinal Avenue and Yosemite Avenue, Cardinal Avenue itself, Blue Jay Circle, Audubon Circle and Yosemite Avenue. The proposed improvements include the reconstruction of the overall bituminous streets. The current conditions of the streets are such that continued maintenance operations are no longer cost effective and that reconstruction of these corridors is required at this time. In conjunction with the street reconstruction we are proposing new concrete curb and gutter along the corridors which will improve drainage throughout the neighborhood as well as extend the overall life of the bituminous pavements. In conjunction with the curb and gutter we are also proposing new storm sewer throughout the neighborhood. Currently there is little to no storm sewer within the Koehnen area neighborhood and the addition of the storm sewer in conjunction with the curb and gutter will improve drainage dramatically throughout the neighborhood. There are 3 storm water quality ponds associated with the new storm sewer improvements. One of which is proposed on the south side of West 63rd Street. The second proposed at the east end of Koehnen Circle East and finally a third pond proposed at the south end of Yosemite Avenue on it's east side. Additional utility improvements associated with the project include watermain replacement and sanitary sewer replacement. As Mr. Oehme's mentioned, there have been numerous watermain breaks throughout the neighborhood suggesting that the overall condition of the watermain has deteriorated to the point where complete replacement of the watermain is necessary and therefore that is proposed as a part of this project. With regards to sanitary sewer, televised reviews of the sewer have identified several segments throughout the neighborhood where the pipe has become squashed or egged, reducing the capacity of the pipe as well as increasing maintenance needs upon that pipes so those sections have been identified for replacement as a part of this project as well. So overall complete reconstruction of the streets including new curb and gutter. New storm sewer throughout the neighborhood along with storm water quality ponds. Complete 9 51 City Council Meeting - April 23, 2007 replacement of the watermain and segments of the sanitary sewer being replaced as a part of this project. With that I'll answer any specific questions that you have. Mayor Furlong: Thank you. Any questions for Mr. Thomas or staff? Councilman Litsey: I just had one quick question. If my memory serves me right there was an issue over the type of curb. Has that been resolved with the residents or is it? Paul Oehme: Yeah, actually when we went out for bids we did have a bid alternate included in the project for curb and gutter. We did receive bids on those. At the neighborhood meeting that we had on April 11th we did talk to the property owners that did attend that meeting, plus we did call several other people and the feedback that we received from the property owners was more or less indifferent. The property owners, there was actually if you recall the public hearing that we had back in January there were 2 property owners that requested us to look into that. We did contact both of them and at this time we kind of, we did show them both the pros and the cons of each of those type of curbs and the B-618 curb, the high back curb that we have proposed in the background, that's the recommended curb that we would recommend that the council approve at this time. So we did talk to the property owners. We did receive feedback from them and most of them did not have a strong feeling that the surmountable curb should be installed. Councilman Litsey: Great, thanks. Mayor Furlong: Thank you. Any other questions on the scope of the project or other details? Okay. If not then I will use this opportunity to open the public hearing with regard to the project and I guess this is a public hearing with regard to the proposed assessments. And with that I would remind residents if they intend to object to their assessment they need to provide a written objection prior to the public hearing being closed. So if there are any questions you can certainly ask us as well. At this time then I will open the public hearing and invite any interested parties to come forward to the podium. Please state your name and address so we can address your questions and concerns. Mike Schmidt: Mike Schmidt. I live at 6470 Yosemite Avenue. One of the questions I had was the storm sewer that's going down Yosemite from 63rd, or south of 63rd. All that water that goes down there now, does that drain to the pond on the east side of Yosemite? At 63rd. Goes to this pond here, through here? Marcus Thomas: Yeah, there is a good amount of that water that currently drains toward that pond. Mike Schmidt: Now here you're going to need at least a 20 foot cut for the pipe. This is really, really expensive for this water to go to here to a holding pond that is eventually going to make it back to here because that is where this pond area water goes. Correct? Marcus Thomas: That water is being routed to a holding pond for water quality purposes before being released into the wetland pond down there, correct. 10 52 City Council Meeting - April 23, 2007 Mike Schmidt: Is it that important to go down there? I mean that's very, very expensive for just that storm sewer there. Marcus Thomas: The water quality ponds that are being proposed throughout the project are proposed not only to improve water quality going into the natural low areas such as this one, but also to detain and create rate control to make sure that the water's not getting to those points too quickly as well so. They are important elements as part of the overall storm water management plan for the area. Mike Schmidt: I don't understand why it would have to go all the way around here to get to here when it can go here already and naturally flows there… Marcus Thomas: And again this, maybe Paul can speak to the assessments and the storm sewer not being part of that. Paul Oehme: Sure. Thank you Marcus. The pond that has been identified east of there, I believe it had some wetland characteristics around it and current city code does not allow us to drain additional runoff into those type of wetlands. We do have to pond water off of impervious surfaces like streets into designated water bodies that do not have wetlands associated with them so that is one of the requirements that the DNR and the watershed district requires us to do. Mayor Furlong: And I guess the other question in regards to assessments, the assessments don't include anything with regard to storm water management. Paul Oehme: Absolutely. The assessments just reflect the benefit that the property owners receive based upon just the roadway improvements associated with the project. The City will pick up 100% of the stormwater cost, the watermain and the sanitary sewer improvements. Mike Schmidt: Okay. Mayor Furlong: Thank you Mr. Schmidt. Anyone else. Public hearing is open. Good evening. Shirley Garcia: Hi. Shirley Garcia and I live at 6420 Yosemite. I have a question as to was there ever a thought plan to going underground with these lines rather than moving the pole like 10 feet into my yard rather than leaving it where it is and the necessity of damaging my trees and all the lilac bushes that are in the way now because of moving the line. What are the thoughts of going underground? Mayor Furlong: You talking with regards to the electrical utilities and the other utilities? Shirley Garcia: Utilities and electricity. Paul Oehme: Yeah, we worked with Xcel Energy on these type of situations. Xcel does not pay for undergrounding. If the city prefers to see that utility undergrounded, the City would have to pay 100% of that cost. That was not factored into the budget at this time. There, by moving the 11 53 City Council Meeting - April 23, 2007 poles we do need additional room to facilitate construction of the roadway, that's why the poles have to get moved. But they are staying within the city right-of-way. They are not going on private property. Shirley Garcia: It's a big chunk of city right-of-way on mine. And anyway, you also don't realize that the power poles are not power poles. They're telephone poles owned by Qwest. Qwest already has underground all throughout that area, all the way down Yosemite there underground. They still have overhead lines up but they're not servicing anything. They're going to be putting 45 foot poles in our yards and heightening the electric and the necessity of phone will not be needed on those poles. And as for, it was a very nice presentation for Arbor Day and so forth and I'm for planting trees and I'm very concerned about the birch tree that my husband and I did put in our front yard because now with putting that line back farther, you're jeopardizing my birch tree. Definitely the lilac trees which I hope the City plans to move where I prefer them to be moved. And other than that, the underground, you know, it'd be a real nice thought. The pine trees that are at your parents yard. Audience: Yes I know. They're going to be ruined. Shirley Garcia: They're going to be gone. By moving this line of power poles back, you're really ruining a beautiful line of very, very old pine trees so I don't know. You know some of these things have been thought about, talked about that much but it's really a concern. The trees that will be damaged by moving these poles back and the possibility of going underground because it's only going to be power and cable. Telephone's already underground and they're their poles. Paul Oehme: We can definitely look into that situation. I wasn't aware that they being moved that close to say lilac bushes or pine trees. Shirley Garcia: It's a big line of trees. Paul Oehme: If the project moves forward tonight, we do have a pre-construction meeting scheduled for I think Thursday where all the...will be there and we will discuss that issue with them to see what we can do to maybe limit the amount of distance that the power poles can be moved, but I don't think undergrounding is an option at this time. Mayor Furlong: Okay. Shirley Garcia: And also is it the request of the people living on these streets that want the curb and gutter? We kind of like the old neighborhood look and not your suburban housing area where you plant house seeds and they've all grown and multiplied beautifully out here in our good old farm country and we all kind of like our road the way it is. Just a natural looking kind of little bit of an old country road and curb and gutter is now being said, we're going to have that. And when is the public hearing date that you're supposed to have a letter in by? If we want to. Mayor Furlong: Right now. Right now. This evening. This is the public hearing. 12 54 City Council Meeting - April 23, 2007 Shirley Garcia: Oh, this is the date that we, because it's kind of hard to understand some of this legal stuff for us non-legal people of the date that you. Mayor Furlong: And we'll blame our city attorney for any, for the legalese. Shirley Garcia: Okay, Mr. Knutson. Mayor Furlong: Yeah, but Mr. Knutson, with regard to if somebody wants to file an objection. How do they go about doing that? Roger Knutson: If you want to file an objection before tonight's hearing is closed you just need to write a statement stating what your objection is and signing it and leaving your address. That preserves your right to bring this into district court if you desire to do that. Shirley Garcia: Okay, thank you. Those are some questions that I have. Mayor Furlong: Okay. The curb and gutter was a question. Why that's included in this project. Paul Oehme: The curb and gutter is included again for water quality benefits. We need to direct that runoff into catch basins and then into storm water ponds. That is the practice. That is our typical design for new streets, reconstructed streets so, that's the impetus for including the curb and gutter. Plus it does give some benefit for the longevity of the streets. It does hold the edges of the pavement better. It gives it some more support basically so, and then it also does provide us better opportunity, if and when we need to mill and overlay the project, it does give better constructability to that. And it's just a better design constructionly so. Mayor Furlong: Okay. Alright. Shirley Garcia: Thank you. Mayor Furlong: Thank you. Anyone else? Ms. Garcia, do you plan on filing a written objection? Shirley Garcia: I'm going to do that now. Mayor Furlong: Okay. Alright, that's fine. If you do it right now. If nobody else wants to speak what I'm going to do is close the public hearing and I wanted to make sure if you wanted to do that. So, with that, if no one else wishes to speak this evening at this public hearing, is there a motion to close the public hearing? Councilman Peterson: So moved. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. 13 55 City Council Meeting - April 23, 2007 Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman Peterson moved, Councilwoman Ernst seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The public hearing was closed. Mayor Furlong: Any follow-up questions by members of council for staff or Mr. Thomas? Councilman Litsey: I just had a quick question on the utilities. Was moving them back more to facilitate construction of the road or it's meant to permanently have a setback right? Paul Oehme: Typically when the move the pole, it will be set permanently. Councilman Litsey: Okay. Paul Oehme: So, and again we will definitely work with the private utility company on that issue. I wasn't aware that you moved back that far so. Councilman Litsey: Do your best to mitigate that. Paul Oehme: Absolutely. Absolutely. Councilman Litsey: Okay. Mayor Furlong: Okay. Thank you. Any other questions? If not then discussion. On the project. On the assessment hearings. The reasonableness of the assessments. Whether or not they're consistent with our practices. Any discussions about the bids? Contracts. I'd kind of like to keep going if we can unless there's from staff additional information we need to know. Are you planning to give a report on items 3(b) and (c) as well? Paul Oehme: I can. If you'd like us to. Mayor Furlong: Why don't we move to that right now and then we can address the item in it's entirety. Marcus Thomas: Thanks again Mr. Mayor and council. With regards to the bid opening and the proposed award of bid. The City held it's bid opening on Thursday, March 15th at which time five bids were received for the improvement project. All of which came under the engineer's estimate. The engineer's construction estimate for this project was approximately $2.7 million dollars. The low bid on the project came in by a contractor by the name of S.M. Hentges and Sons. Their bid amount was just under $2.3 million dollars. The detailed breakdown should be included in your council packet. Their bid was approximately 15% below the engineer's estimate. As previously stated there were actually two bid alternates offered with this project. One being the surmountable curb and gutter as opposed to the B-618 curb and gutter, which was rejected based on earlier discussions regarding the hydraulic capacity and overall benefits to the neighborhood. The second alternative was getting consideration to the utilization of high density 14 56 City Council Meeting - April 23, 2007 polyethylene or HDPE, plastic storm sewer pipe on this project in lieu of more traditional reinforced concrete pipe for the storm sewer. This particular project, the staff elected not to utilize the HDPE pipe on this particular project given the city's, doesn't have much experience with this pipe. In conjunction with the large magnitude of storm sewer that's going to be going in on this project, staff preferred to experience their first use of this pipe on a smaller scale as opposed to this large scale storm sewer project. So that particular bid alternative is not being recommended to be accepted. With that the recommendation is to award the base bid of the project, without the alternatives, in the amount of $2,271,502.88 to S.M. Hentges and Sons. With that I'll stand for any other questions. Mayor Furlong: Thank you. Any questions with regards to the bids? No? Okay. Item 3(c). Consultant contract Mr. Oehme. Paul Oehme: The consultant contract is for Bolton-Menk services for construction administration. That includes construction staking, construction observation, and construction administration. Staff did receive competitive bids from other consultants. Actually it was back in 2005 for this work. This agenda item is just to update their consultant fees. Actually they're hourly rates from 2005 to 2007. And staff has reviewed their numbers and finds them appropriate. The contract is written so it will be on a time and material basis, not to exceed. Mayor Furlong: Thank you. Any questions with regards to the consultant contract for inspection services? Councilman Litsey: And you reasonably expect that you'll be able to stay within that number? Paul Oehme: Right. Yeah. Councilman Litsey: It's a realistic number? Paul Oehme: We feel it's a comfortable number. Depending upon weather conditions and what kind of things we run into during the construction, it could go up. If it goes really well, it will go down. Mayor Furlong: Okay, thank you. Any other questions or discussion? Okay. Seeing none, we'll open up for comments or discussion on items 3(a), (b) and (c). Comments from council members. Councilman Peterson: Seems reasonable. The numbers look better than we hoped so that's always a good sign. Mayor Furlong: Thank you. Any other thoughts or comments? Councilman Litsey: I feel the same thing. I'm pleased with the numbers. Mayor Furlong: This is a project that we've been working on. It's not the first time that we've been talking about it. I know a number of the residents have been involved and had questions 15 57 City Council Meeting - April 23, 2007 raised and answered over the last year and a half as well so. I think it makes sense to move forward. The numbers are coming in good relative to estimates and this is going to be a good project. One that needs to be done and I commend our engineering staff and Mr. Thomas and his staff for all the work that they've done to get this project ready to go. So with that, we have a resolution adopting the assessment roll, resolution accepting bids and awarding contract for the construction, and then another one with regard to the consultant contract. Is there a motion to adopt those resolutions as presented in the staff report? Councilman Peterson: So moved. Mayor Furlong: Thank you. Is there a second? Councilman Litsey: Second. Mayor Furlong: It's been seconded. Any discussion? Or any questions on the motion. Either resolutions on items 3(a), (b), and (c). No discussion? Resolution #2007-28A: Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the assessment roll for the 2007 Street Improvement Project 07-01 and adopt a resolution for the assessments. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2007-28B: Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the resolution accepting the bid and awarding the contract to S.M. Hentges & Sons, Inc. in the amount of $2,271,502.88 for the Koehnen Area/Yosemite Avenue street and utility reconstruction. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2007-28C: Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the quote for Construction Administration Services to Bolton & Menk, Inc. in the amount of $110,900.00. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDER VACATION OF EASEMENT IN LOT 1, BLOCK 1 & OUTLOTS A & B, BLOOMBERG ADDITION (COUNTRY SUITES), VACATION FILE 07-03. Paul Oehme: Thank you Mayor, council members. The vacation of drainage utility easement before you, for your consideration tonight. They're located on Block 1, Lot 1 of Outlot A of Bloomberg Addition. The easement was granted in 1972 in conjunction with a sewer and water project. The site plan for the Country Inn and Suites was approved in 1989. Utilities within this easement were relocated in conjunction with the building construction. However the easement was never vacated. Gopher State One has been called to locate any private or public utilities within the proposed vacation of easement and just to point out here for you real quick. The 78th Street is right here and Market Boulevard is right here. The area in green shown in the proposed easement to be vacated and a portion of the easement is within the building itself. Gopher State again did not find any private or public utilities except for transformer box at the south end of the 16 58 City Council Meeting - April 23, 2007 easement area. Staff recommends that the easement being as proposed tonight be vacated in conjunction with the property owner will need to dedicate an additional easement over that transformer for future maintenance. Staff recommends that the vacation of the easement at this time and ask that a public hearing be opened. Mayor Furlong: Thank you. Any questions for staff? Okay. Seeing none then at this time I will open a public hearing and invite all interested parties to come forward and address the council on this matter. Last call. Seeing no one we'll close the public hearing without objection. Bring it back to council. Any follow-up questions for staff? Any discussion on the matter? Pretty straight forward. Is there a motion to approve? Councilwoman Ernst: So moved. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2007-29: Councilwoman Ernst moved, Councilman Peterson seconded to approve the vacation of easement on Lot 1, Block 1 and Outlots A and B, Bloomberg Addition (Country Suites), Vacation File 07-03 contingent upon simultaneous recording of the easement dedication. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Mayor I have one item. I sent you an email regarding a ULI conference regarding outdoor malls and if anybody's interested in attending to learn more about outdoor malls and outdoor retail developments, this is an excellent seminar. David Patchin is with Four City Development. That's one of the groups interested in putting a potential outdoor mall into Chanhassen so I think this would be a great opportunity for anybody, we've got several staff members that are going to attend, to learn more about developments like this. So if anybody's interested, just let me know and I can sign you up to attend. Last thing, I have kind of a little show and tell item here. We've had numerous watermain breaks throughout the community in the past several months. A big factor that went along with these watermain breaks have been hot soils and what hot soils are is where the soil starts to take advantage of any of the metals and this is an example of a gate valve to a watermain. This is probably about the third the size it should be, and I'll just pass that around. You can see where the hot soils have just basically attacked the metal. This is a typical bolt that we use for sewer lines and water lines. This is one that's about 12 years old. Both of these are about 12 years old and this is one that's really been attacked by the hot soils so, some of the things that we're doing to try to eliminate this is, you can see a coating on that gate valve. It's a petroleum base tar material. That slows it down but the soils can still seep in there and attack the soils. One of the other things that we're doing is lining our 17 59 City Council Meeting - April 23, 2007 pipe by putting it in a basically a plastic bag to separate the soils from the metal. And we think that is probably the best defense that we can do. And whenever we have the opportunity to get away from using metal, we try to do that too and using PVC piping. So I just wanted to give you an example. I'm always amazed to see what happens out in the field and that's one. Paul, anything you want to add to that? Paul Oehme: No. That's good. We have documented 10 watermain breaks so far this year so it's a little bit above average. Todd Gerhardt: Wouldn't you say most of those were the hot soils? Paul Oehme: All of them are hot soil issues and it's 12 years and older pipe. Nowadays we are, like Todd said, we are wrapping the pipe. We are using PVC products. We are using different inert type of material to rectify that situation so, we should have a good system from here on out but it's just addressing the older stuff in the system. We have contacted the Ductile Iron Pipe Association in Nebraska too in working with them on a few other items that we might want to look at for the existing stuff in the ground right now. Mayor Furlong: Is there, do you plan anticipate a planned replacement to avoid breaks? Is that feasible or are there grant money? Paul Oehme: It's very costly. We're not anticipating at this time, just kind of addressing it on a time and material basis. And we are looking at, like I said, different other products with the Ductile Iron Pipe Association. It's call an anobake. It's basically, it's a zinc bake of material that you can tie into, to ductile inner pipes to. The zinc deteriorates before the pipe does so we are looking at installing those type of products in the system right now and also some anonuts that do onto any watermain breaks. New bolts we are actually looking at putting some of those on as well too so. We've been researching and doing some other initiatives to try to maintain the pipe system as long as we can. BL: …the newer methods? Paul Oehme: Yeah. They're the PVC products. The pipe that we're using, they don't know. They're saying 50 years but they can't test it really any longer than that so. That's what we're saying is 50 years so. Todd Gerhardt: So as you're driving around the community and you see some of the hydrants with this plastic sticking around it, that's the plastic bag that you basically put that pipe in. We did a lot of it with the water treatment plant with all the fresh water pipes that are going from the wells to the plant. Those are all, been placed in plastic bags and surrounded with a good 2 feet of sand too to keep it away from those hot clay soils. With that, that's all I have. We will extend our work session after this to talk about wetland setbacks and impervious/pervious coverage issues. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt? From council. No? 18 60 City Council Meeting - April 23, 2007 CORRESPONDENCE DISCUSSION. None. Councilman Peterson moved, Councilwoman Ernst seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:05 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 19 61 CHANHASSENPLANNING COMMISSION REGULARMEETING SUMMARY MINUTES APRIL17 2007 FountainConference Room ChairmanMcDonald calledthe meeting toorder at7 00 p m MEMBERSPRESENT MarkUndestad Jerry McDonald Kathleen Thomas KurtPapkeKevinDillonandDanKeefe MEMBERSABSENT Debbie Larson STAFF PRESENT KateAanenson Community Development Director Bob Generous SeniorPlannerSharmeenAlJaffSeniorPlannerandAlysonFauskeAssistantCityEngineer PUBLICPRESENT FORALL ITEMS Rick Dorsey OATHSOF OFFICE KevinDillon and DanKeefe completedtheir oathsof office for their newterms asPlanning Commissioners from April 2007toApril 2010 ADOPTIONOF PLANNING COMMISSION BYLAWS KurtPapke movedand KathleenThompson seconded a motion toapprove the Planning Commission Bylaws aspresented bystaff The motion passed sixfor and noneagainst ELECTION OF CHAIR VICE CHAIR Jerry McDonald was nominatedfor Chair No other nominations weremade The Planning Commission votedsixforand noneagainsttoappoint JerryMcDonald aschair ofthe PlanningCommission KurtPapke wasnominated for Vice chair No other nominations weremade The Planning Commission voted sixfor and none against toappoint KurtPapke as Vice chair ofthe Planning Commission APPROVAL OF PLANNING COMMISSION MINUTES KevinDillon moved andKathleenThomasseconded a motion approving the Planning CommissionMinutes datedMarch 20 2007and April3 2007 The motion passedsixfor andnoneagainst Jerry McDonald Adjourned the meeting at7 07 p m 62 Planning Commission Summary April17 2007 WORK SESSION COMPREHENSIVE PLANUPDATE Kate Aanenson presentedageneral outline ofthe timeframefor review ofthe ComprehensivePlan Drafts ofthe various elements ofthe comprehensive planshould be prepared byearly June Open houses willbe held on Wednesday June 27 2007 at theChanhassen Library and Thursday June 28 2007 atthe ChanhassenRecreationCenter Staffmembers and possiblycityconsultantswillbeavailableatindividualtablestoanswerquestionsandpresentinformation Greeters KarenEngelhardt on onenight and Kim Meuwissenon the other will be there tohelp people sign inand hand out comment cards The Citymust follow the Metropolitan Council s Planning Handbookand System Statements inthepreparationoftheircomprehensiveplans HOUSING Kate Aanenson pointed out thattheCity willbe relying on Carver County CommunityDevelopmentAgencyforthereviewandpreparationofmuchofthehousingelement The City currentlyis a participate in the MetropolitanCouncils Livable CommunitiesAct As part ofthat the City hasnegotiatedgoals and policiesfor housing including amix ofowner and rental housing affordable housing andlifestyle housing choices SEWERAND WATER KateAanenson stated that the City hashired the consultantsSRF toprepare a Water Plan and WSB toprepare a Sewer Plan As part ofthe plan the plans willlookatsystemdesign reducing demand the preparation ofmaps system phasing and estimates ofcosts The City alsohasapproximately500individualsewagetreatmentsystemISTSFinallytheplanwilladdress infiltration andinflow problems withinthe sewerlines Alyson Fauskeadded thatas part ofthe WaterPlan the City looks attrying toloop thewater system toprovidebetter water pressure as well as aback up ifapipeshould break in an area PARKS RECREATION KateAanenson pointed out that the City hashired Hoisington Kogler Group Inc toprepare an update tothe park plan Initially the citywill inventory alits facilities andlookatthe serviceareasTheprimaryemphasisoftheconsultantsworkwillbeonsouthernChanhassenTheCity willalso lookat otherrecreationalservices thatmay be appropriatein the community e g disk golf dog parks etc Aquestioncame up regarding BluffCreek GolfCourse Itwas pointed out thatthelongtermfutureofthegolfcoursewouldalsobeanissuethatwillneedtobeaddressed 2 63 Planning Commission Summary April17 2007 The Parks RecreationCommission willreview the plan and make arecommendation tothe PlanningCommission The Planning Commission wouldthen review the element ofthe comprehensive planand make their recommendationsto CityCouncil NATURAL RESOURCES KateAanenson presented a Power Point presentation ofthe naturalresources element ofthe plan Thepresentation provided a listofsystemswithin the natural environment including wetland creeks lakes rivers groundwater trees natural areas and bluffs Itwas pointed out that for this round ofthe comprehensive plan update the City hasmore information includedwithinourGISsystemandmoretoolstoanalyzetheecologicalcommunity Items thatneedtobe included within the element include the Wetland Conservation Act Shore landmanagementand watershed district rules In2006 the Cityupdated its surface water managementplan Additionally the City willbe looking atadding natural resourcesmanagementplanurbanforestrymanagementplanoverlaydistrictsforAssumptionCreekand the SeminaryFen andawetland banking program HISTORIC PRESERVATION Sharmeen Al Jaffpresented a powerpoint presentationon historicpreservation Historic Preservation isthe actof maintainingand repairingexisting historicmaterials and the retention ofapropertys form asithasevolvedover time When considering theUnited StatesPreservationcallsfortheexistingformmaterialsDepartmentofInteriorsinterpretationfeaturesanddetailingofapropertytoberetainedandpreservedThismayinclude preliminary measuresto protectand stabilizeitpriortoundertakingotherwork or protection and stabilization may bean endin itself for example in an archeological project Historic Preservationis avital toolin the effort tosave historicbuildings and locales It helps maintain acommunities historical roots and provides variouseducational opportunities For ourpurposes we want tolookatbuildings that are unique timesensitive culturally or sociallyimportant orarchitecturally significant Map showing age ofhomes divided by decades 1860 1956 Governor Linds Mansionin 1929 Built in1860 BluffCreek Inn Built in 1864 Straw Hill Farm Built in 1872 Options Create a HistoricOverlay District The process ofOldTown tocreatea historic district Dec 3 1997 Apr 27 1998TheOldTownneighborhoodboundariesextendfromWest77thStreetonthenorth the railroadtracks tothe south theChanhassen Dinner Theatertothe west and the St Hubertus subdivision on the east 3 64 Planning Commission Summary April17 2007 Originally the town consistedof afew simple buildings Family farmsoccupied the land on the periphery St Hubertus the residential portion consistedofsmall lotsin agrid pattern Neighborhood Opposition Property Owners opposed restrictions imposed upon their properties Limitation on exterior improvements andremodeling Theywelcomed guidelinesbut not Ordinances Rely on Carver CountyandStateofMinnesota Historic PreservationSociety Offices State isin chargeofmakingrecommendations ofproperties thatare worthy ofnominations The recommendation is forwardedtothe Keeperofthe National Registrar ofHistorical Places The County s Roleand Mission istoCollect and Preserve artifactsand objects EncourageDevelopers tosave historic structures Shenandoah Ridge8565AlisaCtBluffCreekEstates8640AudubonRd Encourage Development ofbuildings thatcomplementhistoric buildings Old St Huberts Church OldCity Hall the ReMax building GoddardSchool and Old RailroadDepot Recognize structureson voluntarybases Encourageproperty ownersto applyfor historic designationCitygeneratealistandrecognizehistoricsites TRANSPORTATION Bob Generous presented alist and map oftransportationsystem deficiencies TheCity isrelyingontheCarverCountytrafficstudytoprovideuswithadditionalfacilityinformationsincemost ofourroadways under review arecounty roads Intersections Access The intersection deficienciesrelate generally topeakhour delays left turn conflictsdelays and lack ofsignalization The intersections include TH 7 Minnewashta Parkway TH 5 Minnewashta ParkwayTH5LoneCedarLane TH 5 Crimson BayRoad Minnesota Landscape Arboretum entrance TH 41 LakeLucy Road 4 65 Planning Commission Summary April17 2007 thTH41W78 Street TH 5 TH41 TH 41 Water TowerPlace Market Blvd Market Street TH 101 PleasantView RdTH101KurversPointRd ValleyView Rd TH 101 96th Street TH101Flying Cloud Drive Road Capacity Alignment Connections These deficiencies relate toaneedfor addition trafficlanes sharp horizontal and orvertical curves and roadways thathave not been constructed yet TH 5TH41 TH 101 North ofTH 5 TH 101 South ofLymanBoulevard totheScott County Border Pleasant View Road Powers Boulevard CSAH 17BluffCreekBoulevard 2005 MUSA North SouthCollector StreetConnections Lyman Boulevard CSAH 18 CrimsonBay Road and Dogwood Road Timberwood Driveand StoneCreek Court Additionally KateAanensonadded thatthe 2010 MUSAarea must lookatconnections toTH 101 Pioneer Trail and potentially Powers Boulevard Along Flying CloudDrive the City will investigate thepotential for a frontage roadserving propertiesnorth oftheroadway toreduce and control access Finally the City will needtolookatthepotential ofa roadwaysystem throughBluffCreekGolfCourseifitredevelopsinthefuture Jurisdictional Continuity Withinthe city Powers Boulevard and Galpin Boulevard haveadequateright of way sightdistancegradesandsetbackstomaintaina45to50mileperhourspeedlimitNorthof Chanhassen however this road takes adifferentform as itentersShorewood and Excelsior For the Truck Highwaysystem Chanhassen will needtocontinue towork with MnDOT and adjacentmunicipalities toensure thatthe highwayscontinue tofunction atthehighest feasiblelevelofservice For thecounty road system Chanhassen will needtocontinue towork with Carver County and adjacent municipalities toensurethatthe countyroad system continues tofunctionatthehighest feasible levelofservice 5 66 Planning Commission Summary April17 2007 CSAH 17 Powers Boulevard CSAH 117 GalpinBoulevard TH 5 TH 7 TH 41TH101 CSAH 17 AudubonRoad CSAH18 LymanBulevard CSAH 18 Pioneer Trail US 212FlyingCloud Drive The meeting endedat8 30 p m SubmittedbyKate AanensonCommunityDevelopmentDirector Prepared byBob Generous 6 67 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING SUMMARY MINUTES APRIL 24, 2007 Chairman Stolar called the meeting to order at 7:30 p.m.. MEMBERS PRESENT: Glenn Stolar, Steve Scharfenberg, Thor Smith, Dan Campion, Paula Atkins and Jeff Daniel MEMBERS ABSENT: Tom Kelly STAFF PRESENT: Todd Hoffman, Park and Rec Director; and Jerry Ruegemer, Recreation Superintendent PUBLIC PRESENT: Bob Awick 581 Fox Hill Drive Karen Lokkesmoe 481 Fox Hill Drive Jon Lang 640 Carver Beach Road Paul Otto, Otto Associates 9 W. Division Street, Buffalo Ron Larson 16755 25th Avenue No. Debbie Lloyd 7302 Laredo Drive APPROVAL OF AGENDA: Scharfenberg moved, Daniel seconded to approve the agenda, amended to include an update under commission member committee reports on the off leash dog area, and an update by Chairman Stolar on the seminar held by the Trust for Public Land. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC ANNOUNCEMENTS: None. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Daniel moved, Scharfenberg seconded to approve the verbatim and summary minutes of the Park and Recreation Commission meeting dated March 27, 2007 as presented. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPOINTMENTS OF TOM KELLY AND THOR SMITH TO THREE YEAR COMMISSION TERMS AND DAN CAMPION TO A TWO YEAR COMMISSION TERM. Chairman Stolar introduced and welcomed Thor Smith and Dan Campion, the two new members to the Park and Recreation Commission. 68 Park and Rec Commission Summary - April 24, 2007 LOTUS WOODS: REQUEST FOR SUBDIVISION OF PROPERTY LOCATED SOUTH OF FOX HILL DRIVE, EAST OF CARVER BEACH ROAD, NORTH OF BIG WOODS DRIVE AND WEST OF LOTUS LAKE WITH VARIANCES. THE SITE IS ZONED RESIDENTIAL SINGLE FAMILY. APPLICANT: PAUL EIDSNESS. Todd Hoffman presented the staff report on this item and recommended that the commission recommend to require as a condition of approval for the proposed Lotus Woods subdivision the full dedication of a "no touch" parkland outlot. The applicant's representative, Paul Otto with Otto Associates asked for consideration in the amount of park dedication due to the fact that 3 of the lots already exist. He also requested a change in the configuration of the woodland park. Chairman Stolar opened the meeting to public comments. Karen Lokkesmoe, 581 Fox Hill Drive asked that the commission take the long term homeowners in this area into consideration when looking at the issues associated with park dedication. Debbie Lloyd provided background information on what occurred with the Big Woods development. After discussion by the commission the following motion was made. Daniel moved, Scharfenberg seconded that the Park and Recreation Commission table the Lotus Woods subdivision request to allow staff time to discuss with the property owners and engineers their recommended approach towards dedicating land in lieu of park fees in an area estimated at 22,475 square feet and discuss the specific points listed by the commission such as grading, drainage swale, tree inventory, redesign of the house on Lot 8 and signage. All voted in favor and the motion carried unanimously with a vote of 6 to 0. RECREATION PROGRAM REPORTS: 2007 EASTER EGG CANDY HUNT. Jerry Ruegemer presented the evaluation on the 2007 Easter Egg Candy Hunt and recommendations for 2008. Chairman Stolar suggested recognizing the Chaska Key Club participants for their help with the Halloween Party and Easter Egg Candy Hunt. He also suggested issues to consider would be charging a higher fee at the door versus pre-registration, and hiring local talent for free versus paying professional talent. 2007 4TH OF JULY CELEBRATION REPORT. Jerry Ruegemer presented an update on the work being done to plan for the event. Commissioner Atkins asked about the timing of the carnival rides and suggested the possibility of her theater group performing after the parade. Commissioner Scharfenberg asked for clarification on the skateboarding competition. ADMINISTRATIVE: COMPREHENSIVE PLAN UPDATE, PARK AND TRAIL SECTION. Todd Hoffman reviewed the schedule proposed by the Hoisington Koegler Group for the update to the parks and recreation portion of the comprehensive plan. COMMISSION MEMBER COMMITTEE REPORTS. Commissioner Scharfenberg presented an update on the Carver County Board's action to adopt an agreement between the City of Chanhassen, City of Shorewood and Carver County for an off leash dog area at Lake Minnewashta Regional Park. He provided historical background on the work that has been done since 2004. 2 69 Park and Rec Commission Summary - April 24, 2007 COMMISSION MEMBER PRESENTATIONS: Chairman Stolar presented an update on the seminar put on by the Trust for Public Lands, a group that helps local organizations find ways to get funding for preserving open space. ADMINISTRATIVE PACKET: Todd Hoffman invited the commission members to attend the 15th anniversary activities at the Senior Center. Commissioner Scharfenberg commended staff for increasing the Twilight Music Series event, and asked about the status of the farmer's market and skate park activities. Scharfenberg moved, Atkins seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Park and Recreation Commission meeting was adjourned. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim 3 70 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING APRIL 24, 2007 Chairman Stolar called the meeting to order at 7:30 p.m.. MEMBERS PRESENT: Glenn Stolar, Steve Scharfenberg, Thor Smith, Dan Campion, Paula Atkins and Jeff Daniel MEMBERS ABSENT: Tom Kelly STAFF PRESENT: Todd Hoffman, Park and Rec Director; and Jerry Ruegemer, Recreation Superintendent PUBLIC PRESENT: Bob Awick 581 Fox Hill Drive Karen Lokkesmoe 481 Fox Hill Drive Jon Lang 640 Carver Beach Road Paul Otto, Otto Associates 9 W. Division Street, Buffalo Ron Larson 16755 25th Avenue No. Debbie Lloyd 7302 Laredo Drive APPROVAL OF AGENDA: Stolar: Welcome our guests. We have here all commission members except for Commissioner Kelly, and our condolences to him and his family on the passing of his mother-in-law. Do we have a motion to, or any updates or changes to the agenda? Daniel: I don't know if this might be the appropriate time within the meeting but we may want to introduce formally our two new commission members. Oh, is that next? I didn't read ahead. Stolar: There you go. Scharfenberg: Do you want to add on the dog, the off leash dog area? Stolar: Yeah. Committee member, or commission member committee reports I guess. Scharfenberg: Sure. Stolar: And then under commission member presentations, it's not going to be an official presentation but I'll give an update on that seminar for the trust for public land. Anything else? No? Alright. Do I have a motion to approve the agenda? Scharfenberg: So moved. 71 Park and Rec Commission Meeting - April 24, 2007 Stolar: Moved by Commissioner Scharfenberg. Daniel: Second. Stolar: Seconded by Commissioner Daniel. Scharfenberg moved, Daniel seconded to approve the agenda, amended to include an update under commission member committee reports on the off leash dog area, and an update by Chair Stolar on the seminar for the trust for public land. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC ANNOUNCEMENTS: None. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Daniel moved, Scharfenberg seconded to approve the verbatim and summary minutes of the Park and Recreation Commission meeting dated March 27, 2007 as presented. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPOINTMENTS OF TOM KELLY AND THOR SMITH TO THREE YEAR COMMISSION TERMS AND DAN CAMPION TO A TWO YEAR COMMISSION TERM. Stolar: Now we will introduce new business, our two new members. I'd like to welcome also we have Tom Kelly who has been reappointed for another term. Tom's not here with us today. And then our two new members, Thor Smith and Dan Campion. I want to welcome both of you. I had the pleasure of riding with you Thor, we know each other from Rotary. From before, and Dan, nice to meet you and welcome you to the commission. Campion: Thank you. Stolar: And I think you'll find that this is a very active commission and as you saw today in the park tour, we have a lot of beautiful areas here and a lot we can offer our citizens and that's what we're here to do is do our best and make the most of that. Jeff, would you like to offer any additional comments? Daniel: I think you'll really enjoy the next, Dan for you, next 2 years…if you want to renew. And Thor as well. I've been up for a year and actually it's been a pleasure and an honor to work with the commission, as well as those with the City of Chanhassen. You really get a good feel for what type of direction we're heading to from a park and recreation standpoint so I welcome you aboard. Both of you and look forward to working with you. Stolar: Paula. Atkins: Welcome. 2 72 Park and Rec Commission Meeting - April 24, 2007 Scharfenberg: Same. I echo the comments of Jeff and everybody else. It's a fun group of people and we look forward to working with the both of you. Stolar: And we'll welcome Tom back when he returns. And for those of you who don't know, two members, Tom is the longest serving member now on the commission. He and Jack were tied and Tom's going to continue, that's going to be great. He'll bring a lot of good history. LOTUS WOODS: REQUEST FOR SUBDIVISION OF PROPERTY LOCATED SOUTH OF FOX HILL DRIVE, EAST OF CARVER BEACH ROAD, NORTH OF BIG WOODS DRIVE AND WEST OF LOTUS LAKE WITH VARIANCES. THE SITE IS ZONED RESIDENTIAL SINGLE FAMILY. APPLICANT: PAUL EIDSNESS. Hoffman: Thank you Chair Stolar, members of the commission and audience members. We have probably, I think the majority of the property owners here and the applicant's representative. The commission toured the site this evening. Everyone's familiar with the property. It's an application for a preliminary plat to subdivide this 7.6 acres into 11 single family lots and 1 outlot. It's located south of Fox Hill Drive, you know where the location is. It combines 4 separate parcels of land. The current situation is best described as a wood lot with then the, you have the 4 single family properties that are down on the lake at the present time. As proposed it combines these parcels and allows for the orderly subdivision of the entire parcel into 11 single family lots as proposed. You have the plat in front of you. We have a copy here on the desk. And I apologize, we don't have use of the overhead at this level because if we put it on there then we're on TV and we can't be on TV at the park commission. I have copies, I think they're probably out there. The public copy of the agenda over there and I also have copies of the plat if you want to take a look at it. So we have 8 lots that are located in Block 1 and those would be marketed as the new home sites for the subdivision. The remaining 3 lots, comprising Block 2 are the existing homes to 3 of the 4 owners that are located on Lotus Lake. Outlot A as it's proposed on the submission would be set aside at, to preserve a small impact section of the wood lot that's there. When we look at a subdivision application at the Park and Recreation Commission meeting, you're taking a look at a couple of different things. The comprehensive plan and how it speaks to parks and then how it speaks to trails. The parks in this area, the property is located within a park service area which is 1/2 mile distance. It's located in 2 park service areas. Carver Beach playground and Carver Beach Park. Carver Beach playground, as you saw this evening and we talked about, is located at 900 Carver Beach Road. It's just under 2 acres in size. It was the site of the old dance hall on the association property and currently today it features a public ballfield, a basketball court, and a very nice creative play area that's recently been updated. Carver Beach Park located just down the hill from there at 6891 Lotus Trail, it's a 6 acre water front park featuring 2 public swimming beaches, a picnic area, nature trail and a small playground. The nature trail follows the shoreline and is nearly a half mile in length. That was the nature trail that the Eagle scout project took on last fall to spread the wood chips on and to rejuvenate. Speaking again directly to trails, with the exception of the nature trail down at Carver Beach Park and one section of concrete sidewalk that starts at the playground park of Carver Beach playground, heads west towards Powers Boulevard. Those are the only 2 trail segments within this general area and that condition or lack of trails is directly attributable to the age of the area. It's narrow street grid and the right-of-way is very limited if any right-of-way to 3 73 Park and Rec Commission Meeting - April 24, 2007 allow the construction of trails or sidewalks if we wanted to in this area. The major traffic flow in and out of Carver Beach is on Carver Beach Road itself for both vehicles and pedestrians. And then we have one last important trail connector. You saw it this evening. It's located at the terminus of Carver Beach Road, just down from this proposed subdivision and it links pedestrians of the Carver Beach area up with the Big Woods Boulevard, and then onto Kerber Pond Park and then eventually south of the downtown area. When reviewing this type of development, you have the choice of recommending the City Council accept park fee, cash park fees or land dedication as a condition of approval. The cash park fees required of this application as submitted would either be $63,800 or $5,800 per lot. However it's staff's recommendation that the commission seek land dedication of Outlot A in lieu of cash park fees as a means of preserving some of the wood lot character that currently exists on this site. The location of Outlot A is at the intersection of Carver Beach Road and Fox Hill Drive. It will serve as a landmark for future residents of this area and the existing residents that are there, and everybody would benefit from that public outlot. Staff's request of the applicant was to maximize the size of this no touch outlot or preservation area. The maximum dedication of land allowed by ordinance is 1 acre for every 75 people that a new development brings into town. Our calculation is 3.5 people per home, so you have the 11 lots at, and you do the calculation, you get .51 acres or 22,361 square feet. So just about a half acre. As currently drawn, Outlot A contains 30,527 square feet but 8,000 of that's a wetlands. Wetlands are not accepted as parkland dedication. The wetland also has a 16.5 foot protected buffer. That's now gone up to about 20 feet as a buffer, which does not count towards the 22,361 square feet of dedication. And then additionally the upland area of the outlot is currently split into 3 separate parcels, the largest of which is located on the corner. However this portion of the outlot is partially subjected to tree clearing, grading and filling further reducing the no touch preservation node that is desired at this location. So I think the commission understands the overall recommendation and it's staff recommendation that the commission recommend the City Council acquire as a condition of approval for the proposed Lotus Woods subdivision the full dedication of no touch parkland outlot. That 22,361 square feet. That would be with 11 lots. If this taking reduces the application by a lot down to 10, that would, that dedication would go down accordingly. And that taking would at the corner of Carver Beach Road and Fox Hill Road. It's an area general dimensions of 140 by 150 feet. And that area currently depicted it's located as generally 140 by 86 feet so it needs to be expanded. And then this land dedication would be in lieu of collection of any cash dedication fees on the subdivision. Be happy to answer questions of the commission and then look forward to hearing from the applicant or the owners. Stolar: Okay. Before we invite the audience to speak, does anyone have any questions for Todd and his presentation. Dan, we'll start with you. Any? Campion: No. Scharfenberg: No. Atkins: No questions. Daniel: No. 4 74 Park and Rec Commission Meeting - April 24, 2007 Smith: Yeah, I just have a quick question. When you talk about the upland area there, the lot is split into 2 separate parcels. What is it? Hoffman: You're looking at the 3 nodes. It's the largest on the corner and then there's 2 corners that go outside of the wetland. Little nodes that are separated from the main component. This is one and then this is one here. Smith: Okay. Hoffman: So you're trying to preserve the majority of the area on the corner and you've got these other 3. Two little spots. Stolar: Okay. Anything else? If not we'll invite members of the audience who wish to speak. If you would come up to the podium and state your name and address. Paul Otto: Thank you. I'm Paul Otto with Otto Associates. Buffalo, Minnesota and I'm here on behalf of the applicants. I'm the engineer and surveyor on the project and I appreciate the opportunity to speak on this. As Todd had mentioned we did meet with staff and went through the proposal with them. Trying to figure out some of the things here that the city was looking for and one of the big things for us on this was the park dedication. Donating the land. You were out and saw what the neighborhood looks like. I mean it's a tight neighborhood. It's faced with a lot of challenges. There's small roads. A lot of topography out on the site, and that makes things difficult, especially the development area. That's an infill area. And while we understand the need for preserving the parkland and preserving some of the character of the area, we would like to kind of go through a couple of points on this just to get your feedback on that and see what your thoughts are. The first thing that I guess I would like to bring up is that we're looking at the park dedication for 11 lots. 3 of these lots are existing homes. They are built on, they have been there for a number of years. Typically the ordinance would give those some credit for being there and theoretically having paid their dues to the park dedication fund so I would ask you to consider that in your decision as well as far as the area goes. Because I think that while the parks are very important, especially for new lots coming in, I mean that's kind of the justification for the park fee is that we've got new residents moving in. We're taxing these parks and open areas more than they currently are so, but these 3 homes have been there. They've been there as long as most of the other homes in the neighborhood so I would like you to just recognize that and bring that into your decision process. The other thing that I did do upon this is, I misunderstood the dedication. I was under the understanding that only the wetland wasn't counted and not the 16 1/2 foot buffer around it, so we had calculated that slightly incorrectly so what I did do is, and I'll pass around one of these for everyone. We came up with somewhat of an alternative to try and get a bigger area in that corner and preserve that. We also reduced, I should have kept one of those but, we also reduced the size. We also reduced the size of Lot 1. It was 19,000 square feet. We pulled 3,000 square feet out of there on the corner of that lot so, to protect that corner, so what I end up with is 99 feet along Carver Beach Road, and 289 feet along Fox Hill Drive. So we tried to enlarge that some, keeping in mind that you know, the area that, the purpose of this park would be open space, preserving the character out there. I can understand the need for a nice rectangular block for a park that we're going to put playground equipment in or we have a specific purpose. This park's purpose would be to preserve the character, open space and trees, 5 75 Park and Rec Commission Meeting - April 24, 2007 and so I think we're accomplishing that with a slight redesign to our plan. As you saw the wetland, I mean this is a different type of a wetland. It's a wooded wetland. It isn't a cattail type wetland so when you look at the wetland, it doesn't look a lot different than the rest of the woods out in there so, but that calculation is not, that wetland area is not included with the calculation. So those are kind of the two main points that I wanted to make was you know, that that size of the wetland. We can meet the 11 lot criteria with this slight redesign but maybe some consideration for this redesign is the fact that those 3 homes have been there and maybe this is a good compromise between what staff is recommending and what we're trying to do. If we go with that larger area, we're going to be pulling another lot out of there. And while economic means are not something that you're basing your decision on I realize, it does make a difference in this. I mean there's some real challenges in getting the through street in here that the City is requiring, and making this economically feasible to even do this at all. And maybe that isn't something that you're worried about either but there does come a point in time where, well it just doesn't work. So I would ask for your consideration of that and I'm not sure if any of the property owners want to speak but I can answer any questions that you have of me. Stolar: I do have one. It's hard to read here. On Lot 1 then along, what is that, Fox Hill Drive? What is that length there? It's about 160 then? Paul Otto: 160 on Fox Hill, yes. Yep. And then 100 foot on Big Woods Drive. Proposed Big Woods Drive. Or Lotus Woods Drive, I'm sorry. Hoffman: Well to help with the conversation, can you talk about what's creating for tree loss would happen in this outlot based on this plan? Paul Otto: In this plan, it'd be the same as on our first plan. I'm not sure if the commission members have a copy of the grading plan. What we are doing in the grading plan, we aren't proposing a major grading in there. What we're trying to do in that outlot is we're trying to run the numbers on the drainage for the site. The swale that exists there now is not really a very well defined swale, so it's hard for us to model the numbers as far as how much water is coming out of that wetland. And so what we wanted to do so that we were sensitive to the ponding and such in this area, is we wanted to define that swale so that we knew exactly what runoff rates were coming out of there so you need to go in there, in order to do that we need to go in there and do a slight modification of the swale to kind of confine it, define it so that we know exactly how much water's coming out, and that would require removing 3 significant trees. On the tree replacement plan we have shown that we would be replacing trees back in that area. So we yeah, we'd be replacing 3 trees back in that area…if there's enough room in there but we aren't proposing major disturbance in there. I guess my thought would be, we'd have a Bobcat in there reshaping that swale so that we can define that runoff out of there, and we know exactly what's coming out of there. Rather than this broad crested swale that we don't know exactly what it's doing. It's really hard to model something that's really flat so we're just kind of pulling it a little tighter. Giving it a little bit more of a channel so that we know exactly what's happening. Scharfenberg: Todd, could you speak to the City's policy about the issue he raises in terms of existing homes and how that's been handled in the past by the city. 6 76 Park and Rec Commission Meeting - April 24, 2007 Hoffman: It's an area of discretion for you to make a recommendation of the council. An area for their discretion as well. You're perfectly within your means if you require dedication for those 3 lots. There are some instances where they've been credited. If they have paid, these homes have been there for many years before parkland dedication ordinance was put in place, so there is no, there was no payment made so you are within your means to go ahead and collect it now at this time. Either the cash dedication, $5,800 per lot because they're in the midst of a subdivision application. Included are those 3 lots. Or taking land dedication based on the 3.5 people per house. But the council has in the past given credit for an existing property or an existing house . In some cases it's a much larger plat. You'd have 1 house on you know 50 acres. 1 house on 40 acres. So this is somewhat of an unusual situation where you have 3 of the 11 houses are existing homes, but again it's a discretionary area. Paul Otto: I guess to clarify what I was asking for is not to necessarily reduce that number. Just to allow some leeway in the design of it. Because like I said, we can meet that number with those in there but we'd like to vary from staff's recommendation with that physical layout of it. Stolar: Todd, do you have any initial thoughts on this proposed? I know it's new so any initial thoughts? Hoffman: Well there is a good reason why we're trying to acquire all of it on the corner. There's always room for negotiation in these processes. This is a negotiation as a part of the subdivision process. But let's speak to the reason, the good reason why. When Lot 1 is built on, it's going to be a back yard. That preservation area will be in somebody's back yard. It's very easy for them to creep off of their property and to try and clear cut and it just makes it more difficult for us to manage. If you have all of the area adjacent to Lot 8, you have one property owner to work with. It becomes very defined on where that one private/public property line is. And you're bound by street frontage on Carver Beach. Street frontage on Fox Hollow. The wetlands on the east side and then you have one property line to watch. Because encroachment is one of the most prevalent infractions that we deal with between public and private ownership, and so what it does it just puts, it just creates a little bit more like it's a back yard. We could work with the applicant on that. There are wetland buffer signage that go up. We could put some tree conservation signage that could go in so it's not to say that you couldn't work with that right up front. You don't want to fence the property but you could put some signage in to try to mitigate that type of a situation where people would move into that preservation area. Daniel: So really what you're talking about Todd is with the elimination of Lot number 8, on the new handout that Paul just gave us, the management of really Lot number 6 and 7 with the resident encroachment into the property, into the park area. Dedicated park area is what one of the issues that you're talking about. I just want to make sure I clarify. Versus having 8, 6, the angles and which to deal with Lot number 8. Hoffman: Yeah. Daniel: So on and so forth. 7 77 Park and Rec Commission Meeting - April 24, 2007 Hoffman: Yep, if Lot 8 goes away, then it depends on how these other lots are drawn on the property. They may change. They may not. The grading is also one of our concerns. If you, probably the best page to look at for, once you acquire this property and then they go to develop, there's a wall that needs to be built, and if you go to your sheets. It's near the back. 7 shows it? Or 11. Go to sheet 11 of 12. So that outlot is drawn, it was widened a little bit. Back about 10 feet? So it was 86 feet I think and now it's 99. But on sheet 11 of 12 it shows that the little clouded area. That's going to be graded in and then some tree clearing in that area, so you start to see that while you've preserved Outlot A, you're going to clear those trees to allow for this grading and for the construction of the house on Lot 8. So the wider you make Outlot A on the Carver Beach Road street frontage, the less of an impact that encroachment has on that outlot. So they have in fact helped that to about 10 or 13 feet, based on what Mr. Otto handed out this evening, so it has gotten better. Paul Otto: And we could probably work with staff to look at a different design of the house or a little bit different footprint. That house on Lot 8 is one of the larger of any of the houses, and all the houses in here do meet the required minimum size but Lot 8 was a little bit wider. We put a little bit wider home on there. So we could probably work with staff to redesign that. Or not do a split entry walkout. Basically bury that side of the house into the hill some more. Make it as a look out instead of a walkout and that would eliminate some of that grading. That would be very helpful. Daniel: Actually the concern from my perspective is, as you look at the Big Woods addition, and I definitely remember what the lots were like beforehand in the clear. It's a wide open neighborhood now and there's very little resemblance of what was there before and this will happen. That's going to happen with what we see here for the development which certainly I have no problem with the development. It's the after effect, especially given the, what the community has been used to over the years. I know there's progress that's going to happen but certainly any, for what we may have in the outlot, and I understand that we have to go through the grading process. The absolutely preservation of these trees, or that, this area here, to whatever we could maximize would be I think extremely beneficial for us and I agree with you Todd, is the wider we get, the more likely we have to preserve that type of woods. Kind of create a buffer as you approach that neighborhood. And keep that open space. Stolar: Steve, anything? Thor? Daniel: I do have one more thing. Todd, did you mention the wetland area that's not included? Or cannot be part of the park dedication. Hoffman: Correct. The outlot, it would not include the wetland or the protected buffer, because it's protected already so it's not eligible for credit under the park dedication taking. Daniel: Okay. Stolar: Were there other comments you wish to make? Would anyone else wish to speak from the audience? 8 78 Park and Rec Commission Meeting - April 24, 2007 Karen Lokkesmoe: I'm Karen Lokkesmoe. I live at 581 Fox Hill Drive and first of all I have to say that I haven't been really involved in a lot of this process so I will admit that I'm not intimately familiar with all the plans and the details on this. I would just like to encourage you, as you look at this, that, for having lived in this area for a long time and lived with these woods and looking at… (There was a tape change at this point.) …like it just got clear cut to a large extent. And then at this point to have this emphasis be on, oh my goodness. Now we need to save the trees in this area and it feels a lot like it's on the burden of these 4 people trying to do something that is feeling like it's the movement of progress and what's going to have to happen in this neighborhood, that it becomes the burden of these 4 people instead of you know a whole community. So I just, I just want to throw that out there. I know there's a lot of considerations and I want the children to have some place to play too, and I understand the necessity for that and that's been one of our priorities is how we can even look at something without going through and just cutting everything down, I mean because the trees have been a very important piece in keeping some of the nature environment has been a very important consideration for all of us. So as you consider you know how you do this with homes that are long standing in this area, and wanting our own desire to want to save some of that, I'd like to encourage you to try to put on the other hat and see you know from our perspective of what that's like and feeling like there isn't really much of a choice in terms of whether we pay the park fee like anybody else might pay, or there's this land dedicated. And I think it's important to have land dedicated so I'm not saying that there isn't. But I also want to encourage you to look at what it looks like from the homeowner's point of view as you're making all of the considerations. Thank you. Daniel: Todd was there any, with negotiations on Big Woods, Big Woods on Lotus Lake, did we just take the money? Took the fees, okay. And what was the decision, I wasn't a part of that process. That was years before I was here. It's not because there wasn't just enough land at that point with those lots? I think that was one single lot wasn't it? Or one single property owner? Hoffman: Yeah, just one street. One sided so. Difficult to take a little chunk and have any meaning to it. Daniel: Okay. Hoffman: This is much more, the fact that this is out on a corner really makes it desirable. Daniel: Sure. Stolar: Does anyone else want? Yes. Debbie Lloyd: Debbie Lloyd. Just to your point about what was done, your question with Big Woods. I was really not happy with that development, but they obtained, now you have to help me here. They obtained the permit to do a 50 foot wide road through there but they had to preserve 10 feet in the back of the lots, the trees had to be preserved. Hoffman: Tree preservation. 9 79 Park and Rec Commission Meeting - April 24, 2007 Debbie Lloyd: Right. So they did take into account some tree preservation in that project, despite the way it looks. Stolar: Okay, thank you. Did you have any other comments? Debbie Lloyd: I haven't seen this plan so not at this time. Stolar: Okay. Anyone else from the audience wish to comment? Okay. We'll bring it back to the commission then. Are there any additional questions? Paula? No? Okay. So we have a motion, or recommendation in front of us from the staff which, and Todd correct me if I'm wrong. It's 140 feet along Carver Beach Road that you're looking at? Hoffman: Correct. Stolar: And then going in 150 feet. Hoffman: And that's the general desire that we had early on. Again the importance part is that we acquire the full half an acre which the area that they have shown now, 26,475 is just slightly over the calculation that we have at 22,361. The buffer is in flux right now at the council level but it's not a big deal. It might go from 16 1/2 to 20 feet. I guess what I'd like to do is, you can craft your recommendation, if you want to go with the 145. If you want to let staff negotiate with the applicants and come up with a reasonable compromise. We don't want to see them lose a lot. It's not our goal to say you know push Lot 8 out of there because we want you to lose a lot. We understand, as the commission talked tonight, this is a 4 way split and so economically you know the return on the investment of giving up what you have out there. You want to maximize that as well. We also talked about, to the other person's point that talked about we need to look at this from the landowner's or the owner's perspective. Again that's something I brought up out there. If this was you or I and we owned this property and we were developing it, you want to maximize the utility of the property. Maximize the return so we understand that. So if we can save that lot and, but make some reasonable, I think the compromise of moving out the grading. You still need to understand with the engineer, with the grade, the swale through there for the drainage, because what happens when you take these wood lots and you get in and you start grading, you start doing alterations and it doesn't really matter if the trees are there now. They're probably not going to remain and if their roots are damaged, they're not going to remain there for much longer after that, so the important part is the no touch, really to minimize the surface in this area so when it's all said and done, those trees that we're preserving are still there. You know we're taking the maximum, which is a small piece in the overall realm of things, .51 acres, or half an acre. And it doesn't have to be 140 feet. It doesn't have to be, so if the commission can formulate a recommendation based on this compromise or office staff's recommendation and I would be comfortable with working with both of those. Stolar: What is the time line we are facing here to get back to council? Hoffman: Well it's going to Planning Commission next Tuesday. Stolar: So we have to have some, some frame of reference for them. 10 80 Park and Rec Commission Meeting - April 24, 2007 Hoffman: It would be nice. Helpful for the Planning Commission. Paul Otto: I can speak a little bit on the swale issue. Some developments that occurred since we submitted the plan with the ponding. The City has a stormwater pond kind of to the south and west of this project, and they are, as part of their talks and us with this project and our ponding, they are talking about doing something with that and if that pond's capacity was increased, which is what they are talking about, that it may not be as critical to define that swale quite as much. When we first met with staff, that was one of our first questions was could we go with our stormwater into that pond. They say you know what, that doesn't have any more capacity. We're having problems as it is so no, you can't go into there. And now they've since looked at it some more, they've determined that regardless of this development, they probably want to do something in there so maybe as a, as they're working through that process we can work with them to maximize the pond that we do have, and not worry so much about the water coming out of this wetland and defining exactly what we have and increasing the capacity somewhat in that other pond, that that may be something that we can work with the city engineer on to kind of fine tune some of that and keep us out of there for that swale. As far as the house goes, we can work on a redesign for that. That's within our means. We're trying to put all the pieces together and that's why we were trying to grade in there, but that might be something that might be a way to compromise with the city and put some capacity in there for that. Thanks. Hoffman: The swale that we're both talking about is on sheet number 7 of 12. That little swale in the middle of Outlot A. That would require some grading. It has a denotation there, rip rap. Daniel: Todd will that be at the corner pond down here, it looks like Lot number 7. Does that feed into that big reservoir? I mean it's almost like a reservoir. Or will it feed further down stream from there? Hoffman: No it, well right now it's showing it's going to feed into the ditch that feeds into the creek, but that's undecided. It may feed into the pond and then that pond needs to be upgraded in the future. That's what they were talking about. Daniel: Lot of activity in that pond. Stolar: So you're talking about the pond off the property, correct? Daniel: It's across. Paul Otto: Across the street. Stolar: Because I remember in the surface water project they were talking about how that is a goal potentially to reduce the number of ponds, if you can re-use or enlarge other ones. Better water management approach. Well does anybody have an inclination to either move on staff's recommendation? Amend it? 11 81 Park and Rec Commission Meeting - April 24, 2007 Daniel: I personally feel it might be based off the good, at least the presentation that Paul presented, brought forth to us, to evaluate the conditions of that lot and also given some other considerations to the home design, you might want to consider a recommendation of further discussions of the development. As a thought. Stolar: Okay. Would you like to make that as a motion? Take a few seconds to think how you'd phrase it. Daniel: I can do that. Stolar: Are there any other comments related to that? I mean, I guess I'm going to ask for a kind of little consensus. Is this the direction we'd like to go is have staff look into this with the property owners. Scharfenberg: I agree. I think there should be some sort of negotiation of compromise with the staff. Stolar: Okay, so if you'd like to put forth. Daniel: I'd like to put forth a motion for staff to consider discussion, or consider discussions or have discussions further with the development to come up with a negotiated settlement on the property based off of new changes and possibly other recommendations that could be a good compromise for both the City as well as the residents. Stolar: Is there a second? Scharfenberg: Second. Stolar: Discussion on this. I'd like to maybe provide staff with guidance on some specific questions. So if we may add to that. Discussion regarding the redesign of the house on Lot 8 I believe was. The swale, and understand the implications of the potential changes with the city engineer. The grading, which I think goes along with the swale, but we're also talking about the grading for Lot 8. That that might be able to be adjusted with the redesign. We talked about tree inventory and damage. You made some mention of some of the impacts and to minimize the difference in tree, or remaining protected trees from staff's recommendation to this new proposed approach. And then, you talked about signage Todd. I don't remember if that was a part of the discussion with them or an activity that the City would consider. Hoffman: It would be a part of our recommendation that we post those tree conservation or conservation area signs and that would be a condition of approval of the development. Stolar: Okay. Then I'd like to add that. Those were the points I had written down. Were there any others? Scharfenberg: Do we want to say anything about that, the existing 3 homes? Whether or not that should be in consideration for the. 12 82 Park and Rec Commission Meeting - April 24, 2007 Daniel: Park dedication? Scharfenberg: Right. Stolar: Well, the question I have is, the recommendation that they're putting forth would be in lieu of park dedication so the consideration of the 3 existing homes then is incorporated in our recommendation to have this discussion. If I understood what you had said correctly. I don't know Paul, was that correct? That you're asking us to consider this recommendation and as part of that consideration knowing that 3 existing homes were a part of this. Hoffman: Yes. That they wouldn't argue that point. Stolar: Okay. So I think that's incorporated in this recommendation. Scharfenberg: Okay. Stolar: Is that correct Paul? Paul Otto: That's fair. Stolar: The only thing I would say thought is that we are, are we also saying here, and maybe this is a separate motion. That we are looking for land preservation in lieu of park dedication fees as recommended by the staff? Daniel: Yes. Stolar: And this is an approach to that land recommendation. Daniel: Correct. Stolar: Alright, so we have a recommendation for staff to discuss with the property owners and engineers their recommended approach towards dedicating land in lieu of park fees in the area estimated at 22,475 feet in their recommendation, and discussing the specific points that we had listed. The grading, the swale, the tree inventory, redesign of the house on Lot 8 and signage. Is that the motion we have in front of us? Is that acceptable Jeff? Daniel: Correct. Yep. Stolar: Steve? Acceptable on the second? Scharfenberg: Yep. Stolar: Okay. Is there any further discussion on that? 13 83 Park and Rec Commission Meeting - April 24, 2007 Daniel moved, Scharfenberg seconded that the Park and Recreation Commission table the Lotus Woods subdivision request to allow staff time to discuss with the property owners and engineers their recommended approach towards dedicating land in lieu of park fees in an area estimated at 22,475 square feet and discuss the specific points listed by the commission such as grading, drainage swale, tree inventory, redesign of the house on Lot 8 and signage. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Stolar: Thank you very much. We appreciate your coming out here and Todd obviously, if you need to bring anything back to us, please do. Hoffman: I will. RECREATION PROGRAM REPORTS: 2007 EASTER EGG CANDY HUNT. Stolar: I guess in Nate's absence, Jerry you'll do the presentation on the recreation program reports. Ruegemer: I will. Thank you Chair Stolar. We did have the Easter Egg Candy Hunt out at the Chan Rec Center Saturday, April 7th. We did have 255 kids registered for the event, which is slightly lower than the previous year. It was an extremely cold morning that day. We did move the Easter Egg candy hunt in the courtyard area between the Rec Center and one of the pods or the area of the school to kind of be protected from the wind. So that was one of our options to kind of get out of the elements and you know for the most part that actually worked out pretty good. We moved some picnic tables out of the way. Parents who didn't want to brave the cold could just peer out the rec center glass windows and stay inside and have kind of a warm approach to the event. And that actually worked out, actually very well in that area. We did change up the entertainment this year. We took a break from the Splatter Sisters and brought somebody else in and that was I think very well received. Shawn Sweeney was a very entertaining person. Got the crowd really involved with that so that was a good change. We did have volunteers again from the Chaska High School Key Club and they did help out with set-up. Hanging up pictures. Passing out candy. They did dress up the bunny costumes, which is nice because I didn't have my hop that morning so that worked out pretty good with that and they really do add a lot of value to our events as they have in the past, so that worked out really good. The courtyard area was nice. We really, really tried to you know kind of get people in and out so to speak kind of from the front elements. We really tried to do things kind of a fast approach. Distribute the candy. Get it kind of cleaned up. Get the next age group surrounded and involved. Get the candy passed out and it worked out, it went very well going that way. Did a lot of things that we gave away some gift certificates, that sort of thing for the parents. We had some stuff left over from Feb Fest and some other stuff that we kind of collected through the year so far so we had drawings again for the parents so they kind of felt part of that as well. Then we had some Mustard Seed gift certificates. Byerly's and some Culver's stuff from the past so. Recommendations for 2008. It's a great asset to us to just keep and hold the event at the Chan Rec Center. It really works out well that we could talk to Tom Knowles, our Rec Center manager. Setting aside the necessary community rooms and other types of conference rooms 14 84 Park and Rec Commission Meeting - April 24, 2007 that you know for kind of the pre-set up and that sort of thing. It works out really good for us. We can do a lot of stuff ahead of time. It's not so stressful for us in the morning. Again not list the start times for the candy hunt. That always seems to get people there just for the candy and not for the entertainment. And certainly we've been talking about possible elimination of the entertainment component of that and just, it seems the main focus does seem to be on the candy so you know, we're discussion at this point possibly the elimination of the entertainment, starting you know at 9:30 or so with the candy portion of that and just kind of letting it roll, but you know we'll certainly take guidance from the Park and Rec Commission on that. It's in discussionary kind of purposes right now so if anybody has any thoughts, we'll certainly entertain that. Hoffman: Pretty soon we'll just mail it to their house. Ruegemer: That can happen huh. It worked out well having the registration areas. Check-in tables kind of both sides and kind of caught people as they came in. I won't say catch, but asked them if they pre-registered, which many did. I think we had around 90, 92, 95 registrations that day so we certainly did catch people on their way in and kind of go through that process as needed so. We always have candy bags and stuff for the kids and that worked out well. A lot of people don't bring baskets or other types of bags to put the candy in, so that worked out good and there certainly was some discussion about adding another age category for the coloring contest for that this year. I think really going ahead, I really do think that we could probably cut back on some of the candy as well. A lot of kids certainly with less participants, you know we had around 15,000 pieces of candy again so people were certainly had their fill of candy on that though. That's something we could take a look at too is kind of cutting back on the amount of that and our goal is obviously to have you know 15 to 20 pieces of candy per child and we exceeded that expectation. And then just kind of the, the nuts and bolts. The revenue, expenses of the event. Certainly all the money that we do expend for the event has been taken in the annual sponsorship program that we have. Stolar: Any questions for Jerry? Atkins: How much does it cost to register? Ruegemer: $3.00. Stolar: Whether you pre-register or not, correct? It's $3.00 either way, whether you pre-register. Ruegemer: Correct. Stolar: Anyone else comments? Steve? A couple of quick notes. One, the Key Club. I know in previous years we've recognized them at a meeting. I know we're getting towards the end of the school year. They were at Halloween and now this and I believe they helped with one other thing if I'm not mistaken. Or was it just these two? Were they at Feb Fest? No. Ruegemer: Mainly those two. I think they might have helped out with the Breakfast with Santa with the Rotary. 15 85 Park and Rec Commission Meeting - April 24, 2007 Stolar: Sorry. So if doable for the May meeting, it'd be nice to recognize them. Hoffman: Absolutely. Stolar: It was always asked about whether we want to charge a different rate at the door versus pre-registration. A discount for that. I think did we start doing that for Halloween? We did? Not yet? Regarding your question, entertainment. Another thought there would be, is there like a high school group that might be interested or some local talent that just wants the exposure as opposed to paying for a professional entertainer. Something to consider. Paula might be able to give us some lead. Atkins: Well I certainly could. Stolar: And then the final question. This is just kind of an observation. At a lot of these events we get great sponsorship from Byerly's as far as gifts and I just look at the expense allocations and I don't see as many gifts from some of the others. So I'm just wondering that's something we ought to consider, I know price is a consideration because we're under a budget also but something to consider. Because they're always sponsoring us. Smith: It was a great event. It was cold. Stolar: Were you the inside parent or the outside parent? Smith: I was the outside parent actually. But I thought with regard to the entertainment, I thought he was good. I think it could have been shorten a touch. Some of the kids got a little antsy. You know let's just go get some candy. Ruegemer: I think a lot of people feel that they're going to miss the outside events with the dragging on of the entertainment but. Stolar: Okay. Should we go to 4th of July celebration? 2007 4TH OF JULY CELEBRATION REPORT. Ruegemer: Thanks again. Kind of an update for the commission just to kind of let you know as the progress as to what's been going on. Nate's been working very hard on putting a lot of the events together. As you know, the commission, we did add the, kind of the mini midway so to speak or with Midwest Rides, we will be having carnival types of an atmosphere this year for the 3rd and the 4th and that is something brand new this year. Conversations probably started oh probably August or September of last year and looks like, well it's definitely going to happen and so we'll be adding that component. And then also we did add kind of a skate park competition on the 3rd and that's part of a, kind of a series of skateboarding events that is going to be kind of going across the Twin Cities area. And the winner of that, it's kind of accumulation of points. It's kind of the Little League of skateboarding essentially then. They're kind of working towards the Midwest mainly is going to be having, being held in August of this year so it's kind of 16 86 Park and Rec Commission Meeting - April 24, 2007 accumulation of points and then they'll kind of go to this big, kind of big competition at the end of the summer so we are a stop on the tour with that and so we're pretty excited actually about that. It's been kind of one of our goals you know obviously to get some type of an event on the skate park on the 3rd, since that is a key component of our, not our city hall but of our downtown area so we're pretty excited about that. So working a lot these days with food vendors. Midwest Rides is going to be providing a handful of food vendors kind of up on the northern part of the property of City Center Park. And then also we'll be retaining food vendors that we've had in the past and also working with the Chan Rotary. We'll also be having kind of some vendors from, and local establishments from the Taste of Chanhassen will also be working on the 3rd of July as well so we're kind of working in some local flavor on that as well as kind of handling some other food needs from our vendors that we've had in the past. We're trying to all kind of mesh all that together. We should have a good capacity this year and we're looking forward to that event. A variety of menu items for that. We've been working with the Rotary certainly on the layout and the beer garden area, food vendor kind of layout. Probably had oh probably 4, 5 meetings so far with various Rotary members and that kind of a local restaurants that are going to be involved with the 3rd and the 4th events so, that's going on. And working is scheduled, obviously the parade will be a big component of that. That will be the same time again this year. Same route. We're certainly working on kind of the staging area back in the neighborhood areas to increase or kind of have a better flow. The events of the front isn't hitting the back of the parade so we can kind of work on the staging area within that kind of the neighborhood groups and streets in that area so. Hopefully that will improve this year. Just kind of working on really kind of the main theme is capacity. We've increased the tent size. Increased tables and chairs again. Increased the pony ring area. Increased the, you know just a lot of areas. We're having a lot more people at our events. We're certainly trying to be aware of that and really reduce the amount of time people are in lines, whether it be food, water wars, ponies. You know hopefully the rides will have you know great capacity in getting people in and out so, it's really kind of been one of our themes certainly this year as well as in the future. You know a lot of the music entertainment has already been booked many, many months ago. The fireworks contract is in place with that so, a lot of the things are in place already. It's just kind of a matter of keeping on top of those contracts and details. And there'll be many more details from this point forward but Nate did kind of put together kind of a schedule of events. Nate's had a lot of conversations with the Chanhassen Chamber as it relates to the Business Fair. And a lot of different areas going up and down kind of the page here so we do have a lot of events scheduled for the 3rd and the 4th and looking forward to another great event so. We will be having sign up sheets come down the line, probably May or June and certainly would love to have all the commissioners involved in the event itself. Any questions? Atkins: Do you think that, are you trying to get people to stay in town then for the carnival rides? Is that going to be open all day? Ruegemer: Yep. Atkins: And during the parade? Ruegemer: (Yes). One component too that's not on here, there's been talk about having kind of a battle of the bands under the big tent. Kind of maximizing the rental of that and then with the 17 87 Park and Rec Commission Meeting - April 24, 2007 donation of a food shelf type of item kind of will be the admission so it's kind of a food drive so to speak while using the existing stage from the night before and the tent. Atkins: So right after the parade maybe or something? Ruegemer: I believe it is going to be after the parade, yep. Atkins: And I do think the, our theater group wants to do a scene from our summer show of Tom Sawyer. We'll have a parade entry and then we would like to perform maybe before. I don't know which would be the best time but I would talk to Karen about that or Nate. Ruegemer: Talk to Nate. Yep. …way back in the day when I first started and Todd designed many of the t-shirts in the late 80's, early 90's and it was more the kind of the caricaturist type of an artist. I've had 2 or 3 conversations with him already and basically we have to get over to Hopkins where his shop is and then kind of go through that. We'd kind of like to make it kind of fun again. More so than the last. Atkins: Yeah. That eagle seemed…kind of old. Ruegemer: …cookie cutter type of design. And I'm not trying to you know make light of or make fun of what we had in the past. You think back to some of the old shirts that we've had, they were kind of fun and kind of a fun, festive design so. Atkins: Well, and they were, they seemed to be getting a little bit the same more or less. They used to be different. A different color every year and a different logo and all different, always different and they got to be collector's items you know. Campion: …I remember he did some stuff for our football team. Caricatures and all that. It was good. Ruegemer: Another endorsement. Yeah, he always was a fun guy to work with and always had kind of fun, unique designs so. Hoffman: We'll work him into the 25th next year as well. Stolar: The what? Hoffman: 24th anniversary of the 4th of July celebration and we do have all 25, 24, 23 shirts now. 24. 25. Scharfenberg: Jerry with that, the skateboard competition. How many people are you anticipating would be participating in something like that? Ruegemer: You know it's really hard to say. I mean obviously we have a lot of kids that are using the skate park and really the beauty part of it is, is that you can register that day. So really it's going to be very simple and it's going to be really kind of a spontaneity type of thing that 18 88 Park and Rec Commission Meeting - April 24, 2007 you're out there using the park. Okay, come on in. It's going to be I think it's going to be $5.00 for an entry fee. You could register that day. It's hard to gauge how much because this is the first year they're doing it as well. You know would 30, 40, 50 people be great? Absolutely. Scharfenberg: I was thinking in terms of, since this is a competition throughout, how many people would be coming here to compete in something like that? Do they know or they just don't have any idea? Ruegemer: I don't think they know at this point. And there is, that certainly is definitely a possibility of people traveling to Chan that day and you know be a fun area. One thing that's really kind of a nice feature of that too is that our skate park, or skateboard camp is 2 weeks after the 4th so we certainly can get more promotion during that event as well, so it's kind of helping us twice. Smith: What would there be prizes for different age categories or? Ruegemer: Yep. Yeah, they'll separate out the kids by age and ability so, it's going to be a fun event. Atkins: It's a great idea. Scharfenberg: So with that, the rides and that then, like last year they had the blow-up stuff. I take it that's not coming back this year. Ruegemer: That won't happen. Scharfenberg: Okay. And when you say rides, so we're talking like Tilt-a-Whirl, all of that stuff? Okay. Stolar: What about for little kids? One or two for little kids also? Ruegemer: There will be some component of that as well. I want to say the numbers like 3 to 4 types of ride for that type of area. Hoffman: It's not a huge midway. And then we're maintaining what we have which is generally for smaller kids. And then we're adding this component to create a longer lasting atmosphere for the tweens. The 8 to 10, 10, 12, 14, 16 year olds so they've got something to do in town during the event. Stolar: Okay. Next item, administrative items. ADMINISTRATIVE: COMPREHENSIVE PLAN UPDATE, PARK AND TRAIL SECTION. Hoffman: The City is engaged in the update of our comprehensive plan for 2008 as mandated by the Met Council. To complete the park and recreation section we have retained the services of 19 89 Park and Rec Commission Meeting - April 24, 2007 one of our parks planning consultant, Hoisington-Koegler Group will be working with us. Mr. Paul Page and Ms. Jill Latham on the project. If you look at the work program, it has the inventory analysis. Gathering of input. Development of the plan. Review and update park classifications and standards. Develop system objectives and policies. And then the last item, identify key priority projects and implementation. That's why we're doing this. We'd like to set a date for the commission as a working meeting with the Park and Recreation Commission to meet with the professional service provider and staff and the public on Tuesday, May 8th to kick this process off. Suggesting 7:00 to 9:00 p.m. that evening. We'll most likely meet in the Fountain Conference room in this building and just wanted to check calendars to make sure that works for the majority of the commission members. If it's not a good date we can certainly select another date. Scharfenberg: What was the date again? Atkins: What was the date? Hoffman: I think it's Tuesday, is that May 8th? Is that right? Stolar: May 8th is a Tuesday. But I won't be here. Hoffman: It's our off Tuesday. And if that does not work I would suggest the following Tuesday so we would go on the 15th. Scharfenberg: And what time did you say Todd? Hoffman: 7:00 to 9:00 for a 2 hour block of time. Scharfenberg: For me it just, we've got games on Tuesday nights so I don't know what time we play that night. Hoffman: If a Thursday works better. It's not locked into Tuesday. Traditionally the first day we go to is always, so try to keep your second Tuesday open throughout the year for work sessions. You meet the fourth Tuesday. That's the first day we go to. If it doesn't work for people then we can take a look at another date. Thursday, May 10th. Thursday the 17th. Atkins: Tuesday, May 8th is fine for me. I have a board meeting that night so 15th is good for me. Stolar: Why don't we do this. Can we all send Todd an email. Say pick 2 or 3 days in May that work for you on a Tuesday or Thursday, how's that? Hoffman: Yep, works good. Stolar: Okay. And you'll just pick the one that has the most common response. 20 90 Park and Rec Commission Meeting - April 24, 2007 Hoffman: Yeah. Very exciting process. The thing to look forward to after that is the two open houses and we encourage the commission to be there that evening. They'll both be in June. I think they're coming up back to back and that's the time when we get to hear the feedback and all divisions, all subject matter will be represented at those open houses. Housing. Land use. Roads. Transportation. Wetlands. Wildlife. Parks and recreation. And so you'll see a cross section of people there on those two evenings and you're welcome to attend and to listen to that feedback and gather that feedback. Daniel: Maybe the announcement will be sent with the email. Hoffman: You'll hear a lot more here in the near future. I believe one of the meetings will be at the library and then one at the rec center. Those two weekdays. Stolar: Any questions? No? For reference purposes do we, does the City have the current comprehensive plan on it's web site? Hoffman: Yes. Stolar: So if you wanted to review. I know you sent, we had it sent out to us a while ago. Way back when you had sent it out but if you wanted to look at it or you had an update of what these are. Hoffman: And as we're going into the open house, we'll be setting up existing conditions so people can come in and they can say okay, we want to talk about the… Where do we want to go? What's left? What trails are left? What parks are left? What missing components do we have and that's the board we'll start marking up with the citizens that are walking in and discussing with us what they want to see in their park system. Stolar: Okay. COMMISSION MEMBER COMMITTEE REPORTS. Stolar: We had an off leash dog area committee. It's since been disbanded but we actually had action today and so Steve and Jeff, if you want to comment on what happened today. Scharfenberg: Well today the Carver County Board took up our resolution to pass, or adopt an agreement between the City of Chanhassen, City of Shorewood and Carver County for an off leash dog area at Lake Minnewashta Park. This is something that off leash dog area that this commission has been working on since approximately 2004. We, just as kind of a historical background for those members that weren't here, we had done a study of our parks trying to look at putting an off leash dog area within one of our existing parks and just didn't see that we had the feasibility of doing that. We had money to do that but not necessarily an area that was a park that we thought that that would really work. We had looked at Lake Ann. Kind of the wooded area off to the, what would be the west of the, one of the parking areas and that but we weren't able to come up with anything. But then in conversations with Carver County Parks, we had learned that in their comprehensive plan at Lake Minnewashta they had a 17 acre area that they 21 91 Park and Rec Commission Meeting - April 24, 2007 had future plans for an off leash dog area. But given the budgetary constraints of the county did not necessarily have the finances to get that up and running. So we had conversations with them about putting in our capital improvement plan, money towards that park and dedicated $30,000 in our CIP for 2007 for that off leash dog area. And in addition the City of Shorewood in conjunction with a group of people. Stolar: The Parks Foundation. Scharfenberg: The Parks Foundation of Shorewood dedicated 5 with a matching 5 from the City of Shorewood, so another $10,000. So $40,000 to put for the county to use in an agreement with Shorewood, Chanhassen and the County to put in things such as signage, parking lot, fencing, things of that nature and there's a building out there that they were going to have to move or tear down. So today the County took up that resolution and approval of that agreement and Glenn and Jeff and myself all were there with Marty. Stolar: Marty Walsh. Scharfenberg: Marty Walsh, and we spoke in favor of the resolution and it unanimously passed by the Board and they've already been, according to Marty, they've been doing some initial work out there already. They're going to be doing some work this spring. It will probably tail off maybe a little bit this summer, but they'll have some of their summer staff work, doing a little bit of work and then in the fall probably take that back up again and work with hopefully an opening, according to Marty, sometime in early 2008. That's kind of what they're shooting for so. So for this commission it was something to see that we took from the beginning all the way to the end and to see that kind of end up was neat. Daniel: Really the only thing I can add is the appreciation for not only this commission but also the, for Carver County Commission to finally move ahead with this. The light's at the end of the tunnel. Actually the door's practically opening now, so it will be a nice feature for us to advertise within the city and I think it will get tremendous use. Been an advocate since I even applied for this commission and I'm glad to see that finally it's come to a fruition. Stolar: Great, and thanks to Jack and Anne for serving on the committee for a while. Hoffman: Yeah, they just missed it. Scharfenberg: If somebody has Anne's email, Todd probably does, if you'd send her an email to let her know that. Stolar: You could actually send her the agenda item too. It's in that PDF file. Hoffman: Thank you all for going. Appreciate your getting down to the County Board to participate in that and it did really showed their connection that you're making with others in that collaboration and I think it would be well served with that relationship in the future. 22 92 Park and Rec Commission Meeting - April 24, 2007 Stolar: Commissioner Workman mentioned that, he said the word collaboration is over used but in this example we've got somebody who's not even in Carver County collaborating with us to build something. It's got to be the right thing to do so it was great. Any questions from our new members on this? Smith: No. Campion: No. Hoffman: We also, excuse me. They called to ask and inquire about our Caterpillar and we have offered to provide the piece of machinery and our operator so they'll be out there doing some work so again we're just continuing in that. They don't own a Caterpillar but we do so we'll go out there and do some work with the operator. Stolar: Excellent. That just you know makes it, like we talked about when putting together the playground. When you get the neighborhood involved, it just adds a connection. When we're helping build it, it just adds a connection to it. So that's great. Not to keep us too late. Next item. COMMISSION MEMBER PRESENTATIONS: Stolar: I did attend, Todd sent out a note that there was this seminar going on done by the Trust for Public Lands which is a group that helps local organizations find ways to get funding for preserving open space, and so they've worked with Washington and Dakota counties in their recent referendum. No, I think they worked with Eden Prairie on one. I don't believe they worked with Plymouth on their's. I'm not, I can't remember. Hoffman: They actually started working with us in our 1996 referendum as well. Stolar: Oh okay. Oh, that's right. They did say that. I think the same woman in Minnesota. Hoffman: …they didn't finish the project with us but they started it. Stolar: Yep. And part of what they do, they do a lot of advisement. They help coach you and this seminar talked about different messages you can use in the ballot initiative and things like that. And they showed I think it was the Washington County one that got soundly defeated and they showed the wording of that which was all legalese and you didn't even understand what you were voting for. And then they showed the one that passed by 60 to 40, much simpler. You know the benefit's right up front, and so there were a lot of staff people from various governmental entities related to parks and open space there. In fact I don't think there were any other citizen commissions, except for me. It was very interesting. They have a web site out there. I'll send the link out. Certainly in our area, our biggest concern is Seminary Fen as we've talked about in previous meetings and preserving it. And then Marty was there, I sat next to him at the meeting, and he and I have talked about it, talked briefly about maybe there's something to start working on from a Carver County perspective, similar to Washington and Dakota and he's already started the talks and expressed him my interest in helping if he wants to start a citizens 23 93 Park and Rec Commission Meeting - April 24, 2007 committee. A couple key things. He's got to start with the citizens. There's got to be a citizens group. Governmental agencies don't go very far in these things. You've got to be as a citizen group bringing it forward. And I think the other thing they brought out, which was very interesting, matching grants are a key to the success of this and so I think it was Dakota, when all was said and done, they got a 4 to 1 matching grant. And the bulk of the matching grants come from the state. They don't come from the federal government. In fact if you look at the percentages of spending on open space preservation, local governments are by far the number one source. By far. It was like, I think it was $600 million for local governments to like $60 million from the federal government for local preservations. Obviously the federal government does their federal land, but they don't give a lot to local preservations. But the States were a good chunk at, I think it was in the 200's. So you do this referendum and for certain things you can get state matching grants. So they concluded with talking about the proposal for the State income tax increase that's, there's an amendment going on right now that's being discussed. I think some action happened today but I didn't catch it. What was on the radio. To dedicate a new sales tax and have that dedicated to parks and open space, as well as the arts was thrown in on that. And this is, before the arts piece came in, and it was a collaboration of some wildlife organizations like Pheasants Forever and Ducks Unlimited, as well as the Trust for Public Lands. So they talked about how they work a lot with those types of organizations to set aside lands. Daniel: I actually do believe that did not make it out of committee. Stolar: That's what I thought I heard. Daniel: Yeah. Stolar: And I know there's a lot of controversy about it. The wildlife organizations, when the arts were put in starting backing away on their support on it because they want it dedicated just for preserving land. Anyway, that's just something that, it was a very interesting thing I think from a, for us again as we start looking at Seminary Fen. I didn't get a chance to ask him the question about the limits we have with Seminary Fen where, because it wasn't valued or assessed at the level that they were selling, we couldn't get the matching grants. Was that what happened? Hoffman: Yeah. Stolar: Part of it. Hoffman: The difficulty with the appraised value versus what they could get out of the DNR. Stolar: Okay. So something to think about. I think as we've visited it at what 3 months ago, or it might have been longer, we visited Seminary Fen. Something to think about and I might attend another one of their seminars they have later on. Hoffman: Thanks Glenn for going. Appreciate it. Stolar: And I'll bring my materials at the next meeting. I forgot to bring them this meeting but, I'll also send the web site to everybody. Alright, anything else? 24 94 Park and Rec Commission Meeting - April 24, 2007 ADMINISTRATIVE PACKET: Stolar: Administrative packet, any questions? Hoffman: Please register or attend the Senior Center 15th Anniversary events. That's the first page. You're welcome as guests. Probably Senior Commission at any of those events so please either just show up or give us a call. Scharfenberg: So we can show up on Monday for the breakfast if we haven't registered? Hoffman: Absolutely. Scharfenberg: Okay. Atkins: Especially go to the history talk that my dad's giving. He's really nervous. Hoffman: He'll do great. Atkins: I know he will. Stolar: And was Susan, was going to be looking for people to help with the, to serve on the May 23rd. Hoffman: Yep. To serve but we switched from barbequing to having it catered from Mackenthun's, so you can come help serve and host but there's no more barbequing detail. Daniel: Now what are you going to do? Hoffman: We didn't want the chicken burned or raw. Stolar: If there are no more questions, can I have a motion for adjournment. Scharfenberg: Oh I've got, I'm sorry. Just a couple comments. First of all, my pleasure in reading the Connection to staff for the Twilight Music Series for increasing the evening this year. That looks great. Looks like a good line-up. My second comment was, I didn't see anything in here about farmer's market. Is the farmer's market back this year? Ruegemer: It is. Yeah, had a conversation with Jim Bledsoe. The Chair. We're meeting this afternoon and they are getting all their insurance information together and it is scheduled to start I think the first Saturday in June, which I think was the 8th. And then going to the last Saturday in October which is the 23rd-ish. Something like that. So yeah, it is happening. Scharfenberg: Have they had any increase in vendors or? Ruegemer: I want to say it's somewhere in that same range. 25 95 Park and Rec Commission Meeting - April 24, 2007 Hoffman: They need support from the community to really get it, they need to make the extra push and get it to grow because it's on, right on the fence. He's doing a great job. Should be good reason to have a wonderful farmers market in town but it's just like a house that's been on the market too long, it becomes stale and there's not that energy behind it so, any help you can get. Branch out. Talk to your neighbors. Talk to other vendors. When you go to other farmers markets say hey, you should consider Chanhassen so, some grass roots help would really assist in that. Scharfenberg: And one last thing. Any issues with the skate park so far since it's been opened? Hoffman: Other than the, it really comes always with a real bang at the beginning of the season. We have to re-train the skateboarders. Tonight chasing them out of this park. Reminding them if they don't stay out of this park, they're going to close down that one. The attendant should be starting. Ruegemer: Early May. Hoffman: Early May, so. Lots of crowds. Lots of kids in the parking lot and it does draw. When you talk about where will they come from? The kids, the group I just talked to, I always ask them where they're from. Hopkins. Burnsville. They come from a long ways. Stolar: Any other? Alright. Can I have a motion to adjourn? Scharfenberg moved, Atkins seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Park and Recreation Commission meeting was adjourned. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim 26 96 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952227 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 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Sile www ci chanhassen mn us 1b MEMORADUM TO Todd Hoffman Park and Recreation Director FROM Susan Bill Senior Center Coordinator o April 30 2007DATE SUBJ Acceptance of 731 Donation from the Chanhassen Lions Club The Chanhassen Lion s Club would like to donate 731 for printing and binding a 15th Anniversary commemorative calendar for the Senior Center Three hundred copies of the calendar will be printed and distributed throughout the year beginning in May Staff will prepare a letter of thanks to Chanhassen Lion s Club for their donation RECOMMENDA TION Staff recommends that the City Council accept the 731 donation from the Chanhassen Lions Club and authorize staff to prepare a thank you letter to the Lions Club Approval of this donation requires a simple majority vote of those City Council members present 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 play97 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 1 MEMORANDUM TO oPaulOehmeCityEngineerDirectorofPublicWorksy Alyson Fauske Assistant City EngineerQt May 14 2007 FROM DATE SUBJECT DogwoodTanadoona Street and Utility Project No 06 06 Call Assessment Hearing REQUESTED ACTION Simple Majoritv Vote ReQuired Council is requested to call the assessment hearing for the DogwoodTanadoona Street and Utility Project No 06 06 for June 11 2007 and approve the attached resolution DISCUSSION Roadway Improvements At the public hearing Council directed staff to design Tanadoona Drive and Dogwood Road north of the Arbors Development to a width of 26 feet Also Council directed staff to design Dogwood Road in the Arbors Development to the City s standard 31 foot width The roadway sections were decided to be urbanized with curb and gutter Staff is still working with two property owners on right of way streets Staff is anticipating having the right of way completed and ready for Council consideration the night of the hearing Sanitary Sewer and Watermain Improvements All homes are currently served by individual wells Three of the properties are served by a small city owned and maintained lift station and forcemain the remaining properties are served by individual septic systems The proposed utility improvements will provide service to the proposed development at the southern end of Dogwood Road The Arbors Gravity sanitary sewer will be installed within Dogwood Road and will connect to the lift station at the southeast corner of Dogwood Road and Tanadoona Drive The lift station is proposed to be replaced to handle the ultimate flows for this area The forcemain from the lift station to the gravity sewer within Tanadoona Drive is also proposed to be replaced to convey the additional flow 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 play98 City Project 06 06 Call Assessment Hearing May 14 2007 Page 2 Drainage and Runoff Improvements The runoff from the Arbors Development will be conveyed to a storm water pond constructed with the development This pond will be constructed and paid for by the developer The runoff outside of the development is proposed to be directed to the corner of Dogwood Road and Tanadoona Drive Staff has contacted Camp Tanadoona to pursue a drainage and utility easement over the low area of land on the southwest corner of the Camp property for ponding An appraisal has been completed for the proposed easement area and has been forwarded to the Camp Board for their consideration The Camp Board is generally amenable to granting the easement but is waiting for clarification from their attorney before executing the easement agreement If an easement cannot be acquired an environmental manhole would be installed to remove some of the sediment from the roadway prior to draining into Lake Minnewashta Bids will be received and opened on Friday May 11 2007 Final assessment amounts will be determined based on the lowest responsible bid SPECIAL ASSESSMENTS AND METHOD OF FINANCING Special assessments are proposed to be levied against benefiting properties for the improvements included in this project The City will assess benefiting property owners based on the construction bid amount of the improvements The costs for the improvements are proposed to be assessed to the benefiting properties on a per unit basis The development will be assessed 100 of the benefit from the project 100 of the water and sanitary sewer improvements will be assessed back to the benefiting property owners 40 of the roadway improvements will be assessed back to the existing benefiting property owners consisting with the City s assessment practice The estimated assessment for existing properties is 30 106 81 per unit and 17455 45 per unit for properties that have existing City sanitary sewer service Assessments are proposed for 10 years at 6 interest Funding for this project is proposed as follows Special assessments Revolving Assessment Fund Storm Sewer Utility Fund Total 1 541 362 431 163 365 075 2 337 600 G ENGIPUBLICI06 06 Dogwood Road ImpI05 14 07 call assessment hearulg doc99 City Project 06 06 Call Assessment Hearing May 14 2007 Page 3 SCHEDULE The anticipated schedule of the project is as follows June 11 2007 Hold Assessment Hearing Accept Bids Award Contract June 2007 Construction begins September 2007 Substantial project completion Per state statute the City Council must call the assessment hearing and publish the hearing date at least two weeks prior to the assessment hearing Staff intends to publish the notice in the May 24 2007 edition of the Chanhassen Villager This schedule provides just over two weeks time between the publication date and the assessment hearing A neighborhood meeting will also be held prior to the assessment hearing Attachment 1 Project Map 2 Resolution c Chadd Larson Kimley Horn Associates G ENGIPUBLIC06 06 Dogwood Road ImpI05 14 07 call assessment hearing doc100 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA DATE Mav 14 2007 RESOLUTION NO 2007 MOTION BY SECONDED BY A RESOLUTION CALLING THE ASSESSMENT HEARING FOR THE TANADOONA DRIVEIDOGWOOD ROAD RECONSTRUCTION PROJECT NO 06 06 WHEREAS Minnesota State Statute 429 regarding special assessments for public improvement projects requires City Council to officially set the assessment hearing date for capital improvement projects NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CHANHASSEN MINNESOTA 1 A hearing shall be held on the 11th day of June 2007 in the Council Chambers at city hall at 7 00 p m to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment 2 The city clerk is hereby directed to cause anotice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings 3 The owner of any property so assessed may at any time prior to certification of the assessment to the county auditor pay the whole of the assessment on such property with interest accrued to the date of payment to the City of Chanhassen except that no interest shall be charged if the entire assessment is paid within 60 days from the adoption of the assessment The property owner may at any time thereafter pay to the City of Chanhassen the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year Passed and adopted by the Chanhassen City Council this 14th day of May 2007 ATTEST Todd Gerhardt City Manager Thomas A Furlong Mayor YES NO ABSENT 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 952227 1170 Finance Phone 952 227 1140 Fax 952227 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 TO MEMORANDUM O Paul Oehme City Engineer Public Works Director Joseph Shamla Project Enfiineerf5 o May 14th 2007 FROM DATE SUBJECT LUR File 03 17 Amendment to Sanitary Sewer and Watermain Easement Lot 1 Block 1 Market Street Station BACKGROUND Kraus Anderson Inc has requested that the current sanitary sewer and watermain easement legal description be amended and replaced with a new legal description covering the current location of the utilities At the time of development of Market Street Station the developer granted the City a sanitary and watermain easement over the existing utilities The sanitary and watermain on the site needed to be moved to accommodate the proposed building The original agreement stated that the sanitary sewer and watermain easement would be amended after the relocation of the utilities to cover the new location of the utilities Since the sanitary sewer and watermain have been relocated it is time to amend the easement Staff and the City Attorney have reviewed the easement amendment and acceptable RECOMMENDATION Staff recommends approval of the amendment to the sanitary sewer and watermain easement Attachments I Drawing and legal description of easement to be amended 2 Amendment to sanitary sewer and watermain easement 3 Drawing and legal description of proposed easement G ENGVacations 07 01 MarketStreetStation 05 14 07 cc memo doc 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 play102 JIlL 26 2004 3 07PM KR ANDERSON NO 6740 PROPOSED UTILITY ekSEMENTr LdIrnff1IJ1tkLtIIII I I t IffI111It1 iry li oIlIckIJd5v w I Iii 1 I cyJ V j IIr ii e out JlL1 rIPI TLQT 11 tSriillJER I I I 1 l II plty I I 1i coof 10 eseau J OlOioA h ta IG 1Ill2 1 IIa c IlIIIIl lIllla auo lIII w lII II I ouIotll cIoOrIlII loa D CD li lf dlllo llIIC IIt ilI 1WU l m lll JUlIMIacbqIII nIo tit lldlll1ioll JIIllI lllllblaICt nnrlloClUjciWl 1110I m mIIIII1II IIIIII lIao d eww IIIIl lllWtaLoJt Ioi Io I CIIIIInnIhllD QlIOI Il lb9ID lD Zl lIllllIaobl IJ1IiIol QllIocJ d D61 III lIIic lW lllI loInc I1 lno tiQ JlIIl IIoIl d SIMElit FDfT2lltIIIwDIIIIIIIIIIfwLoaINIOIIll I n l IIoClb nrrll4 I EGAN PIELD 8 NOWAK INC ns SINe1872liF7Wl7ATAatVIN s PHONE 952 S4Ii6EIS ax SZ S4S6El39 I WEe EFNSlJR tEf COtl lZlaIIon 5Ce lIIIIUI JNC MAFUGT5TRfiEIT STATION P 9 103 z V3 l p r c m CJ cci CJ i c 1 r c C D ci Z L fa SCALE IN mJIIV l ai l I r PROPOSED UTIL TY EASEMENT I itjounort1lRONllCRfVDIA AlJDf1IN jAqil I t I Z III r 1 Tor7LOrA 5IU1 III Outlot 5S RJ1ER A motl OJ rLOT a flllftll MdIIbI lsY RICER MlJfflON hl80 tufQcrt 1 fottllJlfTpItjIIllM llMIlDSllf lI1d utoU pari cilltt detaIIIptDpda r FmlIIerllnama 142 IIbllf an IIalIPd 0It0I1t1 lC1ll1IdM1llfllmtIadIlI plalIltcnlII Cerfti Oaqrll lMflvIMaIa ThIt IlIIJI1Idi1t afJd llldilnlled ufllhnc BIg rtvtll JIII orOUla FtItJIllIJa Ad4XIOII thlMllll NtdlIJJka 1l3 mllMaa 2lI WII lrl lIIlIlJIII DQ lIDnsllfLt 1nlI If IIIld 0IIIdII of 35IIl tl pIJofbeGlMtIii Dt 1ht aIW1IeJfM 16 dftllbecf unoNarih B osvOG m 1Ia IlIeCIllIIlit West dbl8 01 1 841 f him IorIh Jl dll RInIIllIf4hDlllDft We tI1irMOI Dll5Uii reA mall 0I1im 10 IuweelzfJhi DIQdIalA e lW MIlIarIBad ukllllMnftMt Ihcte IaldnrilllR TIII 0I4181dol I 1o k pmkIood orMorltl18l1 1armIo II 1hr 1j1r llfQdllB FranIler ctlellllhldllbn omllha ftdJ llned OUDalA l 1IIlY RIb IIlIlIaft I ItIU ffjZIBS tlm II g ij m i il i rl H RJU iDlfit ilkglA z jo tl E Cl Do ld t II 12 l m 104 AMENDMENT TO SANITARY SEWER AND WATERMAIN EASEMENT THIS AMENDMENT is effective as of the day of 200 the Effective Date and is made by and between KRAUS ANDERSON INCORPORATED a Minnesota corporation KAI as successor in interest to MARKET STREET STATION LLC a Minnesota limited liability company MSS and the CITY OF CHANHASSEN a Minnesota municipal corporation City RECITALS A KAI is the current owner of a certain parcel of land legally described on Exhibit A to this Amendment the MSS Parcel having acquired fee title from MSS and B MSS and the City are parties to that certain Sewer and Watermain Easement dated March 20 2004 recorded May 20 2004 in the office of the County Recorder in and for Carver County Minnesota as Document No 387171 S W Easement and C The S W Easement creates certain easements over the MSS Parcel for the benefit of the City and D Section 4 of the S W Easement states that the Utility Lines within the easements were to be relocated in connection with the construction ofplanned improvements upon the MSS Parcel and upon such relocation the parties were to amend the S W Easement to describe the new easement areas and release the original easements areas and 105 E The Utility Lines have now been relocated and the parties now wish to amend the S W Easement to revise the legal description of the Easement Area referred to in Section 1 described in Exhibit B and shown on Exhibit C of the S W Easement NOW THEREFORE in consideration ofthe foregoing premises and other good and valuable consideration paid the receipt and sufficiency of which is hereby acknowledged the parties hereby agree that the S W Easement shall be and hereby is amended as follows 1 The legal description ofthe MSS Parcel shown on Exhibit A to the S W Easement shall be and hereby is deleted and shall be and hereby is replaced by the legal description shown on Exhibit A to this Amendment From and after the Effective Date of this Amendment the phrase MSS Parcel as used in the S WEasement shall mean the real property described on Exhibit A to this Amendment 2 The legal description of the Easement Area referred to in Section 1 ofthe S W Easement set forth on Exhibit B to the S W Easement is hereby deleted and shall be and hereby is replaced by the legal description shown on Exhibit B to this Amendment In addition the Easement Area as shown on Exhibit C to the S W Easement is also hereby deleted and shall be and hereby is replaced by Exhibit C l and Exhibit C 2 to this Amendment From and after the Effective Date of this Amendment the phrase Easement Area as used in the S W Easement shall mean the area legally described on Exhibit B to this Amendment and as shown on Exhibit C l and Exhibit C 2 to this Amendment 3 By its execution and delivery ofthis Amendment the City hereby quit claims conveys waives and releases all ofits rights title and interest in and to that portion of the MSS Parcel that was described in Exhibit B to the original S W Easement that is not included within the Easement Area described on Exhibit B to this Agreement the Released Parcel and acknowledges that the City s easements right over the Released Parcel are now null and void 4 Except as modified by this Amendment the original terms ofthe S W Easement remain in full force and effect and are hereby ratified by the parties THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 106 IN WITNESS WHEREOF the undersigned have signed this Amendment with the intent to be legally bound by its terms as ofthe date first written above KRAUS ANDERSON INCORPORATED Its Bruce W Engelsma CEO tOMBy STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2007 by Bruce W Engelsma the CEO of Kraus Anderson Incorporated a Minnesota corporation on behalf of said corporation lie Notary ubti 107 CITY OF CHANHASSEN By Its Mayor By Its City Manager STATE OF MINNESOTA COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2007 by and the Mayor and City Manager respectively of the City ofChanhassen a Minnesota municipal corporation on behalf of the corporation and pursuant to the authority granted by the City Council of the City of Chanhassen Notary Public THIS INSTRUMENT WAS DRAFTED BY James E Schmeckpeper Esq 523 South Eighth Street Minneapolis Minnesota 55404 V lLegalJIM MARYKA INCORPORATEDIMARKET STREET STATIONIPurchase DevelopementlPurchaselEasement Agmt Amendments City EasementslAmendment to S W Easement KAI Chan 3 21 07 doc 108 EXHIBIT A MSS PARCEL Lot 1 Block 1 Market Street Station according to the plat thereof on file and of record in the office of the County Recorder in and for Carver County Minnesota except that part lying Easterly Southerly Easterly and Northerly of the following described line Commencing at the most southeasterly comer of Lot 1 Block 1 Market Street Station thence North 00 degrees 08 minutes 32 seconds East assumed bearing along the most easterly line of said Lot 1 a distance of 147 78 feet thence South 89 degrees 53 minutes 01 seconds West a distance of 10249 feet thence North 00 degrees 03 minutes 20 seconds West a distance of 281 41 feet thence South 89 degrees 56 minutes 40 seconds West a distance of 0 61 feet thence North 00 degrees 03 minutes 20 seconds West a distance of 1 14 feet thence South 89 degrees 56 minutes 40 seconds West a distance of 4 10 feet to the point of beginning ofthe line to be described thence South 00 degrees 03 minutes 20 seconds East a distance of 1 79 feet thence North 89 degrees 56 minutes 40 seconds East a distance of2 62 feet thence South 00 degrees 03 minutes 20 seconds East a distance of209 97 feet thence North 89 degrees 56 minutes 40 seconds East a distance of 2 1 0 feet more or less to the intersection of the east line of said Lot 1 and said line there terminating 109 EXHIBIT B Easement Area An easement for utmty purposes over under and across that part of Lot 1 8lock 1 Market Street Station Carver County Minnesota according to the recorded plat thereof described as follows Commencing at the southeasterly comer of said Lot 1 thence on an assumed bearing of North 1 degree 46 minutes 34 seconds East along the most easterly line of said Lot 1 l distance of 135 65 feet to the point of beginning of the easement to be described thence North 89 degrees 51 minutes 09 seconds West l distance of 4316 feet thence North 1 degree 42 minute 13 seconds East 1 distance of 11 93 feet to a northerly line of said Lot 1 thence South 89 degrees 53 minutes 01 seconds West along saId northerly line CI dIstance of 36 95 feet thence South 1 degree 42 minutes 13 seconds West 1 distanoe of 11 76 feet thence North 89 degrees 51 minutes 09 seconds West a distance of 409 65 feet thence North 71 degrees 22 minutes 09 seconds West I distonce of 13 37 feet thence North 45 degrees 00 minutes 00 seconds West a dlstonce of 17 16 feet thence on 0 bearing of North a distance of 11041 feet thenoe North 45 degrees 00 minutes 00 seconds East a distance of 47 52 feet thence South 89 degrees 44 minutes 53 seconds East CI distance of 38 99 feet thence North 45 degrees 15 minutes 07 seconds East 1 distance of 28 28 feet thence North 00 degrees 15 minutes 30 seconds East a distance of 109 25 feet to a northerly line of said Lot 1 thence South 89 degrees 56 minutes 40 seconds West along saId northerly line a distance of 20 00 feet thence South 00 degrees 15 minutes 30 seconds West a distance of 100 86 feet thence South 45 degrees 15 minutes 07 seconds West a distance of 11 71 feet thence North 89 degrees 44 minutes 53 seconds West Q distance of 17 91 feet thence North 1 degree 36 minutes 09 seconds East 0 distance of 24 63 feet thence North 88 degrees 23 minutes 51 aElconds Weste distance of 30 00 feet thence South 1 degree 36 minutes 09 seconds West CI distance of 9 26 feet thence South 43 degrees 29 minutes 11 seoonds West a distance of 17 29 feet to a westerly line of said Lot 1 thence South 00 degrees 08 minutes 32 seconds West oloog said westerly line a distance of 9 69 feet to 0 comer of Lot 1 thence North 89 degrees 51 minutes 28 seconds West Jlong I northerly line of said Lot 1 a distanoe of 9 15 feet thence South 43 degrees 29 minutes 11 seconds West Q distance of 8115 feet to the most westerly line of sold Lot 1 thence South 00 degrees 08 minutes 32 seconds West olong said most westerly line Q distance of 21 20 feet thence continuing southerly dong said most westerly line I distance of 55 90 feet being a tangential curve concave to the east hoving 0 rldius of 555 82 feet ond 0 centrol angle of 5 degrees 45 minutes 44 seconds thence South 27 degrees 08 minutes 55 seeonds East not tangent to the lost described curve 0 distance of 73 25 feet thence South 77 degrees 55 minutes 48 seconds East Q llstance of 98 32 feet thence South 1 degree 46 minutes 34 seconds West 0 distance of 172 34 feet to the most southerly line of said Lot 1 thence North 79 degrees 32 minutes 00 seconds East along said most southerly line 0 distance of 33 54 feet thence North 5 degrees 49 minutes 58 seconds East Q distance of 7317 feet thence North 1 degree 08 minutes 56 seconds East a distance of 91 76 feet thence North 86 degrees 24 minutes 11 seconds East I distance of 169 47 feet thence North 89 degrees 58 minutes 08 seconds East a distance of 236 22 feet to the most easterly Hne of said Lot 1 thence North 1 degree 46 minutes 34 seconds East Jlong sold most easterly line Q distance of 36 90 feet to the point of beginning 110 EXHIBIT C l S W Easement Area iUJ gr oiCD Is 13 0 coo o j 3 0 t1 ll 0 I 0 11 t1 0 roW il 111 1 0 a tl i 11c2 303EtJ 3 0 Js c gJ gJ i fgJ IJ SOf o4f J4 W 17234 I 1 j 77 NCS S 5BE N01 0 J A 1 A ri11t9 S11etlIQiIoU 9 J 44 illfl1Jm l45iOO t9tl 1l21Xl1 tITlJl IIIilMIo I 1 II in l6fl i 8 illHI u u Ii LS5 g0 Rd55 82 I J m ctlPS4544IAl5 OQl D oS E 6m IQ r NORTH 11041 ot SOOOS 32 W k 1JIj If 9 69 S J29 WW L 1 b sol 3Iro9W1 1 7 29 I t b 9 26 I N8623 tWillIu81J3000 I I if IN0136 09 EIf61i0e1t11el2453 I rr r I 30 Y I y If 5 5l5 orw I U d 7 I 1J 1J 0 N0015 30 10 2S I IiilIIIgSIr1 2 II I il I of 1 tl 1 I I I I I 1 I l I I I i I 1IIII11I I I I II III gl I JIliIIItIIIq I t t I 1 I I I I I lf E l F 1 A 1 o I 2 mjJ o rn o 0 0 l 2 d 9 3 Q J co J go 5 8a I 1 i s Ol I oo 111 lil1 rj IlfifI F p C Z l v S I L 90 1jNiOotl cD f l 7 fJ I l ojl1l41IIta j rt I 1 c n I t r l r JI O l J 1 r 1 I F 1 0 I f l l t x 01 t tJ i 1 L i 0f NORTrlj 11041 i t J r il ft I l h I J 4 l z l q J v t f I nU r J6OilV u81 F S lil I I Jtl I i I 11 1 1 l 11 I i ill IifrI1Iig1t i 46 W tiu i l E j I algi j 1S t ilil tri 1 v i f I BE 0109 iI I rnQ I t 11 1 1 I l t 6 JifflIJti11fr61 i 1 j j i ri r t ii l j i tf1111Iji c lltt I l I I I It 1 l w t i t Z t i I 10 L i t 1 f l iflfllTriYf ifk J j 1 1 r 1 1 v I I 1iIPCrtJUljliiIftLJj1A i i t i il 2 I t i r Ii I i t S r J 1 I 1i 1 1 I l i IIiI I 1 J i i f lj11 j I 1 1 111 I I k i j I i f i iiibLIiillllii i i rf i t rj C C i ii i I e 0 k I fs 1 i Iii 1 1 i 1 I P I it Ii i AsTERL l l IvuLOT11I Ii J 1 90 34 E t i t EXHIBIT C 2 S W Easement Area o i Si I J 2 00 0 lGid g 0 rli ag F ISJ M43jOO 12 irlU Ii u ntw tmilIj7IU l l PlI n1l 1ll1 1 mItl ottjtl mO ttjW a ttj zc33 Wt li LF j Ill I tl J o itDl Q0 O J I 1 e v hL U ii l o UJ 0 0 o z CJ9 Q CD en CD a 2 5 1 1 i L jf Q J I o o 112 CONSENT Bank ofthe West as successor to Community First National Bank as the holder of that certain Mortgage Assignment of Rents Security Agreement and Fixture Financing Statement on the MSS Parcel dated July 1 2004 recorded August 12 2004 in the office ofthe County Recorder in and for Carver County Minnesota as Document No 394201 the Mortgage hereby consents to the provisions of the foregoing Amendment to Sewer and Watermain Easement and agrees that the Mortgage is subject to this Amendment to Sewer and watermain Easement Connie M Boevers State of Minnesota ss County ofDakota The foregoing instrument was acknowledged before me this day of 200 by Connie M Boevers the Vice President ofBank of the West a on behalf of Bank ofthe West Notary Public 113 DESCRIPTION FOR Market Street Station LLC 64457 001 m Schoell Madson Planning Engineering Surveying 15050 23rd Avenue North Plymouth Minnesota 55447 T 763 746 1600 F 763 746 1699 554 Third Street NW Suite 100 Elk River Minnesota 55330 T763 241010B F 763 2418351 www schoellmadson com PROPOSED EASEMENTS An easement for utility purposes over under and across that part of Lot 1 Block 1 Market Street Station Carver County Minnesota according to the recorded plat thereof described as follows Commencing at the southeasterly corner of said Lot 1 thence on an assumed bearingofNorth1degree46minutes34secondsEastalongthemosteasterlylineofsaidLot 1 a distance of 135 65 feet to the point of beginning of the easement to be described thence North 89 degrees 51 minutes 09 seconds West a distance of 43 16 feet thence North 1 degree 42 minutes 13 seconds East a distance of 11 93 feet to a northerly line of said Lot 1 thence South 89 degrees 53 minutes 01 seconds West along said northerly line a distance of 36 95 feet thence South 1 degree 42 minutes 13 seconds West a distance of 11 76 feet thence North 89 degrees 51 minutes 09 seconds West a distance of 409 65 feet thence North 71 degrees 22 minutes 09 seconds West a distance of 13 37 feet thence North 45 degrees 00 minutes 00 seconds West a distance of 17 16 feet thence on a bearing of North a distance of 11041 feet thence North 45 degrees 00 minutes 00 seconds East a distance of 47 52 feet thence South 89 degrees44minutes53secondsEastadistanceof3899feetthenceNorth45degrees15 minutes 07 seconds East a distance of 28 28 feet thence North 00 degrees 15 minutes 30 seconds East a distance of 109 25 feet to a northerly line of said Lot 1 thence South 89 degrees 56 minutes 40 seconds West along said northerly line a distance of 20 00 feet thence South 00 degrees 15 minutes 30 seconds West a distance of 100 86 feet thence South 45 degrees 15 minutes 07 seconds West a distance of 11 71 feet thence North 89 degrees 44 minutes 53 seconds West a distance of 17 91 feet thence North 1 degree 36 minutes 09 seconds East a distance of 24 63 feet thence North 88 degrees 23 minutes 51 seconds West a distance of 30 00 feet thence South 1 degree36minutes09secondsWestadistanceof926feetthenceSouth43degrees29 minutes 11 seconds West a distance of 17 29 feet to a westerly line of said Lot 1 thence South 00 degrees 08 minutes 32 seconds West along said westerly line a distance of 9 69 feet to a comer of Lot 1 thence North 89 degrees 51 minutes 28 seconds West along a northerly line of said Lot 1 a distance of 9 15 feet thence South 43 degrees 29 minutes 11 seconds West a distance of 8115 feet to the most westerlylineofsaidLot1thenceSouth00degrees08minutes32secondsWestalongsaid most westerly line a distance of 21 20 feet thence continuing southerly along said most westerly line 0 distance of 55 90 feet being a tangential curve concave to the east having a radius of 555 82 feet and a central angle of 5 degrees 45 minutes 44 seconds thence South 27 degrees 08 minutes 55 seconds East not tangent to the last described curve a distance of 73 25 feet thence South 77 degrees 55 minutes 48 seconds East a distance of 98 32 feet thence South 1 degree 46 minutes 34 seconds West a distance of 172 34 feet to the most southerly line of said Lot 1 thence North 79 degrees 32 minutes 00 seconds East along said most southerly line a distance of 33 54 feet thence North 5 degrees 49 minutes 58 seconds East Cl distance of 73 17 feet thence North 1 degree 08 minutes 56 seconds East a distance of 91 76 feet thence North 86 degrees 24 minutes 11 seconds East a distance of 16947 feet thence North 89 degrees 58 minutes 08 seconds East a distance of 236 22 feet to the most easterlylineofsaidLot1thenceNorth1degree46minutes34secondsEastalongsaidmost easterly line J distance of 36 90 feet to the point of beginning I hereby certify that this description was prepared under my sup rvision and that I am a Licensed Land Surve under th laws of the State of Minnesota Nickols Date t hoo License No 19839114 PROPOSED UTILITY EASEMENT N w E S 60 0 30 60 120 I SCALE IN FEET I h reby certify that this description was prepared under my supervision and that I am a Licensed Land surv r under the laws of the State of Minnesota A Daniel G Nickols Date 4 1 rc l0 7 License No 19839 6 V c S77 SS 48 c 98 32 ISIv I I I viI I 1 t 1 Ito 1o lIll c z o Is 0 33 54 l79 32 00t 1 I J11 ItO ioIo 0 I g I I I I w coIIl 0Iv Il o Z MOSl SOIJ1IERL LINE of Lol s o I r N86 24 1E 16947 N895S OS E 23622 I r IQo lIliJLSo I W lIl 0 o SOIJ1I1EP S1ERL CORNER Of LOl m Schoel Madson Planning Engineering Surveying NvOCOv ln tlltllllvtllonLn lh 15050 23rd Avenue North Plymouth Minnesota 55447 T 763746 1600 F 763746 1699 554 Third Street NW Suite 100 Elk River Minnesota 55330 T 763 2410108 F 763 2418351 WNW schoellmadson com I tOl I I oq 10 eJo 01 INJtai lIliJ f I 10Wo io 10 W 0 I w1 ICz0NOtb W J b 19 I 10fl0ZIio101 i to2bl1 IlIloo b A NORTHERLY fi 7 N I I LINE OF LOT 1 I I l 1to1lIl N N89 51 2S W en IL 0 to 17 91 9 15 to N89 44 S3 W ryb 0 rybIIIr3899 SS9 44 53 E 0 C ry rCJv5 COCj0 N SOO oO 32 I 2 20 I l I o I lc 0lllS I Z A NORTHERLY I 7N45 OO OO W LINE OF LOT 1 r 17 161IN71 22 09 W L S07 S89 53 01 W 1 13 37 7J W 36 95 XL NS9 5109 W 40965 77 6 I TV PROPOSED UTILITY EASEMENT SS9 56 40 W 20 00 A NORTHERLY LINE OF LOT 7NS9 51 43 16 L O 9 w v I io I o Z by This drawing reviewed this Pp 1 has been checked and12r1ldayof 20 6J 09 W DESCRIPTION FOR Market Street station LLC 64457 001 115 Date vA Daniel G 4 n h C 7 ILicenseNo19839 95 s 60 g 33 54 1l79 2 oO E F L g This drawing has been checked and revlewed this rtnf day of Il l 20 er by I v m w s E 64457 001 116 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 952227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952227 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 Sile www ci chanhassen mn us le 1 MEMORANDUM TO Todd Gerhardt City Manager FROM Kate Aanenson Community Development Director DATE May 14 2007 SUBJ Final Plat Approval The Preserve at Bluff Creek 2nd Addition Planning Case No 06 14 PROPOSAL SUMMARY Final plat approval for The Preserve at Bluff Creek 2nd Addition BACKGROUND On Monday May 8 2006 the Chanhassen City Council approved the rezoning of the land within the plat for The Preserve from Agricultural Estate District A2 to Planned Unit Development Residential PUD R approved a conditional use permit to permit development within the Bluff Creek Overlay District and alterations within the flood plain and approved the preliminary plat for The Preserve creating 155 lots 15 outlots and right of way for public streets The 151 Addition was platted in June of 2006 and included 53 lots FINAL PLAT REVIEW Ryland Homes is platting the 2nd Addition of The Preserve at Bluff Creek This phase includes the dedication of the right of way for River Rock Road North and right of way for the extension of Audubon Road The plat includes 4 blocks 12 lots and 8 outlots Outlot A 28 acres which includes the Bluff Creek Overlay district will be dedicated to the City Compensation for the elimination of five lots in the northwest comer will be in the amount of 216 709 which will be executed with this addition Outlot B 19 acres will be platted in the future Outlot C 0 14 acre and Outlot D 0 10 acres are drainage and utility easements Outlot E 0 34 acres is private street right of way Outlot F 0 20 acres is a private park Outlot G 1 17 acres is a drainage easement over a wetland Outlot H is the location of the City s lift station One of the issues at the time of preliminary plat was the amount of additional impervious available per lot The applicant has prepared a Lot Impervious Coverage Analysis Using an average lot and the largest home there is 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 play117 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 2 of 15 additional 570 square feet of hard cover per lot Ryland Homes has included an architectural detail book that describes the color choices and location of the site and street orientation EXISTING CONDITIONS The site contains a small wetland on the east side and several along Bluff Creek on the west side The central portion of the site is generally the highest and the slopes along the north and east side of the property are moderate slopes along the west and south sides of the property are steeper Lift Station 24 is in the northwest comer of the property and partially lies within a drainage and utility easement The lift station and lift station access must be shown on the plans The temporary sales trailer south of the lift station will remain until August 1 2008 per the agreement between the City lnd Ryland unless the property to the west develops prior to August 1 The overhead power lines along the south side of Lyman Boulevard will remain EASEMENTS AND RIGHT OF WAY The existing 100 foot wide measured from the centerline of Lyman Boulevard drainage and utility easement along the eastern 650 feet of the property will remain This easement was granted to the Freeburgs and Dorseys in 1979 for underground drainage tile Blanket drainage and utility easements will be platted over the outlots Private utilities e g storm sewer that only conveys runoff from a private street within outlots shall be owned and maintained by the association The plat includes an SO foot wide right of way for the future construction of a public street extending from the Lyman Boulevard Audubon Boulevard intersection A 60 foot wide right of way is sufficient therefore the final plat must be revised The plans must show the existing Audubon intersection This street will not be constructed with any future phase of this development This street will provide access to the future development to the west and will be constructed by the developer of the property to the west The public street will be within a 60 foot wide right of way GRADING AND DRAINAGE The developer proposes to mass grade the proposed second addition as well as the future development area in order to balance the earthwork The grading for the future lots east of future River Rock Drive from The Preserve at Bluff Creek 2nd Addition to the cul de sac must be revised so that the minimum finished grade is no less than 2 118 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 3 of 15 The developer has submitted hydrologic and hydraulic calculations for the proposed development for the proposed site for staff review The ponding design meets minimum requirements The storm sewer sizing calculations will be reviewed during construction plan review RETAINING WALLS A 60 foot long retaining wall is proposed east of Wetland 4 The maximum height of this retaining wall is eight feet A 280 foot long two tiered retaining wall is proposed on the east property line north of future Mills Drive The maximum combined height of this retaining wall is 12 feet There may be an opportunity to reduce the height of this wall or eliminate this wall when the property to the east develops Staff recommends that this retaining wall be deleted from Phase 2 improvements and if necessary constructed when the area is platted into lots and blocks UTILITIES Lateral sanitary sewer and watermain will be installed within Phase 2 of the final plat Lateral utilities to serve the future lots will be installed when the area is final platted When the area south of Lyman Boulevard is final platted an 18 inch diameter watermain must be installed on the south side of Lyman Boulevard to the east property line The developer will be reimbursed the cost difference between an 8 inch lateral and the 18 inch trunk watermain with final plat approval of that area of the development Homes with a low floor elevation of 935 or lower will require a pressure reducing valve within the house 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 assessments for the 2005 MUSA improvements were paid in full with the first phase Each new lot is subject to the sanitary sewer and water hookup charges These fees are collected with the building permit and are based on the rates in effect at the time of building permit application The party applying for the building permit is responsible for payment of these fees STREETS The development is subject to the arterial collector fee which must be paid in cash with the final plat and is calculated as follows 119 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 4 of 15 Total area of final plat Outlot A City outlot Outlot B future phase Outlot C open space Outlot D trail Outlot E private road Outlot F open space Outlot G wetland Outlot H City outlot River Rock Drive ROW Audubon Road ROW 5243 acres 27 83 acres 18 64 acres 0 14 acres 0 10 acres 0 34 acres 0 20 acres 147 acres 0 35 acres 047 acres 0 60 acres 2 29 acres x 2400 acre 5496 00 Future phases of the development will be subject to this fee at the rate in effect at the time of final plat The developer will extend River Rock Drive a 31 foot wide public street to the northern boundary of Lot 1 Block 3 A temporary turnaround is not required at the northern temporary terminus since only two lots will access this temporary stub Jersey Way a 28 foot wide private street will also be constructed with this phase The construction plans must be revised to reflect that private streets will lie within outlots not public right of way Curbs on public streets shall be high back curbs on private streets shall be surmountable The developer will construct five foot wide concrete sidewalks on both sides of River Rock Drive PARKS AND RECREATION The Park and Recreation Commission recommended at the time of preliminary plat that the City Council require the following conditions of approval concerning parks and trails for The Preserve PUD 1 The payment of full park dedication fees at the rate in force upon final plat approval in lieu of parkland dedication Note A percentage of park fees may be credited as a portion of any future compensation for the acquisition of developable lands in the area currently depicted as Lot 1 2 The applicant shall provide all design engineering construction and testing services required of the Bluff Creek Trail All construction documents shall be delivered to the Park and 120 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 5 of 15 Recreation Director and City Engineer for approval prior to the initiation of each phase of construction The trail shall be 10 feet in width surfaced with bituminous material and constructed to meet all City specifications The applicant shall be reimbursed for the actual cost of construction materials for the Bluff Creek Trail This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials utilized in its construction 3 Outlot H be enlarged through the addition of the land area currently depicted as Lots 1 and 2 Block 11 The resulting property is to be utilized as a private association operated recreational and open space site 4 Outlots A B Land H are conveyed to the City as public property by warranty deed Compensation for the elimination of five lots at the northwest comer of the plat will occur with this plat The developer will be dedicating all of Outlot A which is included this area The amount of compensation is 216 709 LANDSCAPING The developer has provided a landscape plan that exceeds the minimum standards of the City WETLANDS A wetland buffer with a minimum width of 16 5 feet must be maintained around all wetlands and wetland mitigation areas Wetland buffer areas should be preserved surveyed and staked in accordance with the City s wetland ordinance The applicant must install wetland buffer edge signs under the direction of City staff before construction begins and must pay the City 20 per sign All structures must maintain a setback of at least 40 feet from the wetland buffer edge Wetland Replacement Because no wetland impacts are proposed in conjunction with this project no wetland mitigation is required However the applicant has shown two proposed wetland mitigation areas within the project area These mitigation areas will be designed and constructed by the City in conjunction with the East West Collector project REVIEW CONDITIONS OF APROV AL On June 26 2006 the City Council approved the 1st Addition of the plat subject to the following conditions 1 The Existing Conditions plan must be revised to show the drainage and utility easement that was granted to the City and contain trunk sanitary sewer and watermain This condition has been met 121 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 6 of 15 2 The applicant must provide documentation indicating that the proposed right of way for Lyman Boulevard meets Carver County s requirement This condition has been met 3 A portion of some lots lie within the floodplain Until a letter of approval from FEMA has been received homeowners may be required to obtain additional flood insurance This condition has been met 4 Any grading within the floodplain will require a Conditional Use Permit Not applicable with this phase 5 Catch basins on each side of all public streets must be no more than 300 feet apart Not applicable with this phase 6 The outlet for Wetland A will be constructed when the property to the east develops Not applicable with this phase 7 All buildings must be demolished before the second phase This condition still applies There is a storage building on the property just behind the City s lift station that needs to be removed 8 Any retaining wall four feet high or taller requires a building permit and must be designed by an Engineer registered in the State of Minnesota This condition still applies 9 To the maximum extent practicable the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer This condition still applies 10 The developer must pay 15 776 in cash with the final plat for the pro rated cost for the preparation of the 2005 MUSA AUAR This condition has been met 11 The outstanding assessments 310 999 03 for 2005 MUSA roads and water and 162 976 08 for Highway 101Lyman BoulevardlHighway 312Highway 212 must be paid with the final plat or reassessed to the lots and outlots for future development 122 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 7 of 15 Not applicable with this phase 12 Each new lot is subject to the sanitary sewer and water hookup charges These fees are collected with the building permit and are based on the rates in effect at the time of building permit application The party applying for the building permit is responsible for payment of these fees This condition still applies 13 The City will construct Bluff Creek Boulevard Improvements to serve the development in conjunction with public improvement project No 06 05 The property within the plat will be specially assessed for this project Not applicable with this phase 14 The development is subject to the arterial collector fee of 38400 which must be paid in cash with the final plat Not applicable with this phase 15 Curbs on public streets will be high back curbs on private streets will be surmountable This condition still applies 16 Sidewalks to public streets and within privately owned outlots shall be owned and maintained by the homeowners association Outlot C Trail and other sidewalks on public streets can be used by the public This condition still applies 17 All structures shall maintain a 50 foot setback from the ordinary high water level of Bluff Creek All structures shall maintain a minimum 40 foot setback from the primary corridor No alterations shall occur within the primary corridor or within the first 20 feet of the setback from the primary corridor The 50 foot setback primary corridor boundary 40 foot structure setback and 20 foot grading setback shall be shown on the plans Not applicable with this phase 18 The applicant shall provide details for the proposed trail crossing of Bluff Creek Minnesota Department of Natural Resources DNR permits shall be obtained for all creek crossings In addition the trail alignment shall be revised to cross Bluff Creek in the same location as the sanitary sewer crossing Immediately south of the creek crossing the trail intersection shall be redesigned to avoid impact to the trees 123 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 8 of 15 This condition still applies 19 The applicant shall provide information to show the outlet for Wetland 7 and the routing of water to a public waterbody This condition still applies 20 The proposed sanitary sewer and storm sewer outlet in the vicinity of Pond 2 shall be revised to ensure 1 The runoff from the outlet will not compromise the integrity of the sanitary sewer and 2 The sanitary sewer is not located below the normal water level NWL of Pond 1 Not applicable with this phase 21 The applicant shall clarify the avoidance of the drainage way to be preserved during the construction of Pond 2 and if possible redesign the pond to provide additional storage and treatment in lieu of avoiding the drainage way Not applicable with this phase 22 Pond 3 shall be constructed prior to the construction of all the areas that drain to it Not applicable with this phase 23 Drainage and utility easements minimum 20 feet in width shall be provided over all existing wetlands wetland mitigation areas buffer areas used as PVC and storm water ponds This condition still applies 24 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 man made systems that discharge to a surface water This condition still applies 124 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 9 of 15 25 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed This condition still applies 26 The applicant shall be proactive in addressing potential run on problems in the vicinity of the extreme southeast corner of the property This would potentially involve vertically tracking equipment up and down the graded faces of the slope to increase roughness and prevent rilling Similar practices shall be used behind the homes along the central part of Outlot A Not applicable with this phase 27 The estimated total SWMP fee due for Phase I payable to the City at the time of final plat recording is 88 560 29 634 00 This condition shall be modified as noted 28 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 NPDES Phase II Construction Site Permit Minnesota Department of Natural Resources for dewatering Army Corps of Engineers Minnesota Department of Transportation Minnesota Department of Health and comply with their conditions of approval This condition still applies 29 Phase I Park and Trail fees are 307400 This condition shall be modified as follows Park and Trail fees for the 2nd Addition are 69 600 30 Tree protection fencing shall be installed prior to construction around all areas designated for preservation andor at the edge of proposed grading limits This condition still applies 31 A turf plan shall be submitted to the City indicating the location of sod and seeding areas This condition still applies 32 Applicant shall remove Emerald Queen Norway maple from the planting schedule The applicant shall substitute another species with approval from the City This condition still applies 125 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 10 of 15 33 The developer shall work with staff to develop and install appropriate markers at lot lines to demarcate the primary zone This condition still applies 34 It is the intent of the City to draft the terms and conditions for the trailer at the City s lift station location This condition has been met 35 The existing drainage and utility easement that Lift Station 24 partially lies within shall be vacated once The Preserve plat is filed Not applicable with this phase 36 A 50 foot wide drainage and utility easement centered over the existing trunk sanitary sewer must be platted and shown on the plans Not applicable with this phase 37 Outlots containing public utilities watermain sanitary sewer and storm sewer that conveys runoff from a public street must have blanket drainage and utility easements over the outlot Private utilities e g storm sewer that only conveys runoff from a private street within outlots shall be owned and maintained by the association This condition still applies 38 The developer shall plat additional right of way for Lyman Boulevard CSAH 18 if required by Carver County Not applicable with this phase 39 The 40 ROW note shown on the grading plan for River Rock Circle and Deere Circle must be deleted since these will be private streets within an outlot Not applicable with this phase 40 The right of way for Degler Drive South must be platted to provide access to Town and Country s proposed Liberty at Creekside development to the south This condition has been met 41 Fences extensive landscaping and retaining walls cannot be installed within the drainage and utility easement over the trunk sanitary sewer and watermain 126 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 11 of 15 This condition has been met 42 Staff recommends that the developer build side lookout units on Lots 3 9 and 10 Block 5 since this housing style is better suited for the proposed grading Not applicable with this phase 43 Additional catch basins are required at the following locations a The comer of Lots 11 and 16 Block 1 b Stations 6 50 and 2 25 on Degler Drive North and c Station 2 50 on River Rock Circle Not applicable with this phase 44 A building permit is required for the proposed retaining wall The wall must be designed by an Engineer registered in the State of Minnesota Duplicate condition 45 Lift Station 24 must be placed within an outlot that will be deeded to the City The fully executed Quit Claim Deed for this outlot must be submitted with the final plat mylars This condition has been met 46 Homes with a low floor elevation of 935 or lower will require a pressure reducing valve within the house This condition still applies 47 To the maximum extent practicable the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer Duplicate condition 48 The developer s share of the cost to prepare the 2005 MUSA AUAR is 14 365 00 which must be paid in cash with the final plat This condition has been met 49 The developer shall pay 165 267 78 in cash with the final plat to pay the 2005 MUSA City project 04 05 and Highway 1011212 312 and Lyman Boulevard 03 09 assessments for the lots within the final plat This condition has been met 127 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 12 of 15 50 The developer must post a 308 707 74 security for the assessment amount that will be reapportioned to Outlots A and B This condition has been met 51 Each new lot is subject to the sanitary sewer and water hookup charges These fees are collected with the building permit and are based on the rates in effect at the time of building permit application The party applying for the building permit is responsible for payment of these fees Duplicate condition 52 The developer must work with staff to ensure that the construction plans comply with the City s standard specifications and that all appropriate detail plates are included in the plan set This condition has been met 53 The developer shall pay the 38400 00 Arterial Collector Fee with the final plat This condition has been modified as follows The 5496 00 arterial collector fee for this phase must be paid in cash with the final plat 54 The development plans must be changed to reflect the street names approved by the Fire Marshal This condition has been met 55 The street grades at Station 4 50 Deere Circle and Station 2 00 River Rock Circle must be adjusted to meet the 7 maximum allowable slope This condition has been met 56 Sidewalks adjacent to private streets and within privately owned outlots shall be owned and maintained by the homeowners association and can be used by the public Duplicate condition RECOMMENDATION Staff recommends that the City Council adopt the following motion The Chanhassen City Council approves the Final Plat for The Preserve at Bluff Creek 2nd Addition subject to the following conditions 128 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 13 of 15 1 The lift station and lift station access must be shown on the plans 2 The right of way for the future public street on the south side of Lyman Boulevard at Audubon Road shall be 60 feet 3 The plans must show the existing intersection of Audubon Road and Lyman Boulevard 4 The grading for the future lots east of future River Rock Drive from The Preserve at Bluff Creek 2nd Addition to the cul de sac must be revised so that the minimum finished grade is no less than 2 5 Homes with a low floor elevation of 935 or lower will require a pressure reducing valve within the house 6 Each new lot is subject to the sanitary sewer and water hookup charges These fees are collected with the building permit and are based on the rates in effect at the time of building permit application The party applying for the building permit is responsible for payment of these fees 7 The 5 496 00 arterial collector fee for this phase must be paid in cash with the final plat 8 The construction plans must be revised to reflect that private streets will lie within outlots not public right of way 9 Curbs on public streets shall be high back curbs on private streets shall be surmountable 10 There is a storage building on the property just behind the City s lift station that needs to be removed 11 Any retaining wall four feet high or taller requires a building permit and must be designed by an Engineer registered in the State of Minnesota 12 To the maximum extent practicable the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer 13 Park and Trail fees for the 2nd Addition are 69 600 14 The applicant shall provide details for the proposed trail crossing of Bluff Creek Minnesota Department of Natural Resources DNR permits shall be obtained for all creek crossings In addition the trail alignment shall be revised to cross Bluff Creek in the same location as the sanitary sewer crossing Immediately south of the creek crossing the trail intersection shall be redesigned to avoid impact to the trees 129 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 14 of 15 15 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 16 Tree protection fencing shall be installed prior to construction around all areas designated for preservation andlor at the edge of proposed grading limits 17 A turf plan shall be submitted to the City indicating the location of sod and seeding areas 18 Applicant shall remove Emerald Queen Norway maple from the planting schedule The applicant shall substitute another species with approval from the City 19 The developer shall work with staff to develop and install appropriate markers at lot lines to demarcate the primary zone 20 Sidewalks to public streets and within privately owned outlots shall be owned and maintained by the homeowners association Outlot C Trail and other sidewalks on public streets can be used by the public 21 The applicant shall provide information to show the outlet for Wetland 7 and the routing of water to a public waterbody 22 Drainage and utility easements minimum 20 feet in width shall be provided over all existing wetlands wetland mitigation areas buffer areas used as PVC and storm water ponds 23 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed 24 The estimated total SWMP fee due for Phase I payable to the City at the time of final plat recording is 29 634 00 25 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 NPDES Phase IT Construction Site Permit Minnesota Department of Natural Resources for dewatering Army Corps of Engineers Minnesota Department of Transportation Minnesota Department of Health and comply with their conditions of approval 130 Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14 2007 Page 15 of 15 26 Outlots containing public utilities watermain sanitary sewer and storm sewer that conveys runoff from a public street must have blanket drainage and utility easements over the outlot Private utilities e g storm sewer that only conveys runoff from a private street within outlots shall be owned and maintained by the association ATTACHMENTS 1 Location Map 2 The Preserve at Bluff Creek 2nd Addition Final Plat 3 Lot Area Tabulation 4 SWMP Fee Worksheet dated May 2 2007 g plan2006 planning cases 06 14 the preserve final plat documents 2nd addition preserve 2nd addition fp doc 131 Location Map The Preserve 1630 Lyman Boulevard Planning Case No 06 14 City of Chanhassen lJflCr O C 132 IIJ O 0 Q oq ct ti C 5Q LIj g 01 0 t eiQQ g 6 uets rf 0 8 6 i i tf i 1 Ioi cIH b j I @ I 8 a tiHiilllllliH r ao IHH i 1 tii t f s i i o l v tl bc t g i Ii i i l 2 t t 11 al S d H iav j l1 l1 a i I s i s K S 1 l y Q 1 s 0 Ol s t le t i h00 0 o 0 8 IJ i lie 2 I i 818Q 11 l 4 v i I l l o J s 0 1 C t5 0 t sa o j I 1 i o 81 t o v ii a v o 9 g I I l J l1 1 8 0 0 ojj 5 e i g 2 o t i t bli t a 2 W U U toXUJ2 t XUJ UO IJ UJ 00 U 11 o cc It It IQ lJJ o Cl Z fj U U QuOsI CI ilOo s t li 1 o UJ z t u en o l1 l t 4 o o 4 s II 2i III s a u o I0 0ll8 v il l1 i3 v 0 Q oq L 7 i i 0 1 l l1 Ii E 4 1 u1 i I i b gbl2 t H 8 1 0 Il I o l t b lsd l C s S l tSilitl0 El t S li s ili l2l z t i 2ti 1 b 1ig lii J s g 0 CWO Q O t t i l cifi H I 0 It dO 133 O t tiLio Q ct ti LIj lmff L I 2ifiblt8 O10i i l Sia isiQ it e ii i c 1 C r c 8 1 f ll 8 t Q U l i ii M rt ti ilIlN tl ji C H t III o l88 2t e i IJ I t i I 4 w 1 wi M r K ftN II lll 8i id jl 8 i r N V liC tod UHQ6f1 4MfI 1 J O r K II 1 n en IA loCt nN tJWiSI J03JJJ bn1l9H JHl O QftWW C 03 nce D I 3 5 oJ r il L b r A j f I to tioEW J I I 00 09 1 9l roNI I I I I 01 Ji v n i IY L 4 7 cJiij JL 0 dOA7 I If o t l i i h oi i i C i Il i t f t i W Quos 1 i Ii 0 a 0Ij t i 0 l 134 I 00tt11tiiio Q oq ct ti t I oq 1 QQIIis Ilil L NHJ JSI fJ3N LfI7SJl Jl fIJSJlid JHJ OlIOiO rz w III J7 3S WJO V 3 I 3 tl oIO N K 6 r r 6Qj I I I I I I I I I Q I I I I 5 lil 1 I I I rIIII I CO ht I I I I I IelIIIIOlJtIIll OgOg O P J L I I 8 0 tr6 J ooiIo r I CII I 8I z c 1 c oX oX 2 l l u I bl u u B H 1 0 Qi d S 5 d tIi i 0 8 9 io u c I iI I i ilIi0l libI I tii iii i I S i lfl1 J lST0IgIi5I I o l I t I tiI I t11 leiltlSoQ JL 10 AdO Q o t o 1IJ to 135 CITY OF CHANHASSEN RECEIVED Preserve at Bluff Creek 2nd Addition Project 20031110 02 Tue April 1 0 1 0 57 05 200V ltllJ tSSEN PlANNING DEPT Parcel Area Listing APR 1 1 2007 Parcel name Blk 1 Lot 1 Perimeter 349 6083 Area 6 9874 sf 0 16 ac Parcel name Blk 1 Lot 2 Perimeter 360 2027 Area 7 200 6 sf 0 17 ac Parcel name Blk 1 Lot 3 Perimeter 3634054 Area 7 221 1 sf 0 17 ac Parcel name Blk 1 Lot 4 Perimeter 382 1202 Area 7 972 9 sf 0 18 ac Parcel name Blk 2 Lot 1 Perimeter 405 8504 Area 10 003 5 sf 0 23 ac Parcel name Blk 2 Lot 2 Perimeter 350 0000 Area 6 600 0 sf 0 15 ac Parcel name Blk 2 Lot 3 Perimeter 366 5863 Area 7 298 7 sf 0 17 ac Parcel name Blk 3 Lot 1 Perimeter 424 8605 Area 9 096 1 sf 0 21 ac Parcel name Blk 3 Lot 2 Perimeter 428 2252 Area 8 963 7 sf 0 21 ac ceMmED 136 Parcel name Blk 3 Lot 3 Perimeter 407 2300 Area 8 283 9 sf 0 19 ac Parcel name Blk 4 Lot 1 Perimeter 438 8288 Area 10 815 0 sf 0 25 ac Parcel name Blk 4 Lot 2 Perimeter 405 3779 Area 9 335 2 sf 0 21 ac Parcel name Boundary Perimeter 8816 0999 Area 2 284 042 9 sf 52 43 ac Parcel name Outlot A Perimeter 9159 3269 Area 1 212 250 8 sf 27 83 ac Parcel name Outlot B Perimeter 4416 8258 Area 812 088 8 sf 18 64 ac Parcel name Outlot C Perimeter 346 1523 Area 5 890 5 sf 0 14 ac Parcel name Outlot D Perimeter 345 5451 Area 4 5264 sf 0 10 ac Parcel name Outlot E Perimeter 819 8997 Area 14 759 5 sf 0 34 ac Parcel name Outlot F Perimeter 405 1174 Area 8 913 3 sf 0 20 ac 137 Parcel name Outlot G Perimeter 12304877 Area 64 068 5 sf 147 ac Parcel name Outlot H Perimeter 568 3304 Area 15 291 8 sf 0 35 ac Parcel name River Rock Dr No Perimeter 795 8334 Area 20 273 8 sf 047 ac Parcel name Audubon Road Perimeter 855 1357 Area 26 201 6 sf 0 60 ac 138 DATE PLANNING CASE PROJECT SWMP FEE WORKSHEET May 2 2007 06 14 The Preserve Phase II Site Area in Acres Outlot A CreeklWetland Outlot B Future Development Outlot G Wetland 5243 27 83 18 64 1 47 Assessable area 4 49 ZONING CLASSIFICATION Medium Density WATER QUALITY FEES Rate per Acre Acres Total 1 900 00 449 8 531 00 Rate per Acre Acres Total 4 700 00 449 21 103 00 CREDITS WATER QUANTITY ITEM UNIT QUANTITY UNIT 50 TOTAL PRICE Storm water pond acre 0 1 600 00 0 5 Outlet structure each 0 2 500 00 SWMP FEE 29 634 00 SWMP CREDITS TOTAL SWMP FEE 29 634 00 139 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site WWII ci chanhassen mn us le MEMORANDUM Ol TO Paul Oehme Director of Public Works City Engineer Alyson Fauske Assistant City Engineer 04 May 14 2007 o FROM DATE SUBJ Approve Development Contract and Construction Plans and Specifications for The Preserve at Bluff Creek 2nd Addition Simple Majority Vote Required The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications An 899 954 00 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 landscaping and payment of special assessments The cash fees for this project total 127 067 80 A breakdown of the cash fee is shown on page 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 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 Staff recommends that the construction plans and specifications for The Preserve at Bluff Creek 2nd Addition dated May 14 2007 prepared by Westwood Engineering and the development contract dated May 14 2007 be approved conditioned upon the following 1 The applicant shall enter into the development contract and supply the City with a cash escrows or letter of credits for 899 954 00 and pay a cash fee of 127 067 80 2 The applicant s engineer shall work with City staff in revising the construction plans to meet City standards Attachments 1 2 Development Contract dated May 14 2007 Construction plans and specifications are available for review in the Engineering Department c Westwood Engineering G ENGPROJECTS T Z The Preserve 2ndapprove dC doc 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 play140 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA THE PRESERVE AT BLUFF CREEK 2ND ADDITION DEVELOPMENT CONTRACT Developer Installed Improvements 141 TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1 REQUEST FOR PLAT APPRO VAL 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 5 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 SIGNAGE 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 7 142 E Severability GC 7 F Building Permits GC 7 G Wai verst Amendments GC 7 H Release GC 7 I Insurance GC 7 J Remedies GC 8 K Assignabili ty 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 Ti tIe GC 9 U Soil Conditi ons GC l0 V Soil Correction GC l0 W Haul Routes GC l0 X Development Signs GC l0 Y Construction Plans GC l0 Z As Built Lot Surveys GC ll II 143 CITY OF CHANHASSEN DEVELOPMENT CONTRACT Developer Installed Improvements THE PRESERVE AT BLUFF CREEK 2ND ADDITION SPECIAL PROVISIONS AGREEMENT dated May 14 2007 by and between the CITY OF CHANHASSEN a Minnesota municipal corporation the City and The Ryland Group Inc a Corporation the Developer 1 Request for Plat Approval The Developer has asked the City to approve a plat for The Preserve at Bluff Creek 2nd 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 May 14 2007 prepared by Westwood Professional Services Inc Plan B Grading Drainage and Erosion Control Plan dated May 14 2007 prepared by Westwood Professional Services Inc Plan C Plans and Specifications for Improvements dated May 14 2007 prepared by Westwood Professional Services Inc Plan D Landscape Plan dated May 14 2007 prepared by Westwood Professional Services Inc SP 1 144 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 2007 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 899 954 00 The amount of the security was calculated as 110 of the following Site GradinglErosion ControllRestoration Sanitary Sewer Watermain Storm Sewer Drainage System including cleaning and maintenance Streets Sub total Construction Costs Engineering surveying and inspection 7 of construction costs Landscaping 2 of construction costs Street lights and signs Sub total Other Costs TOTAL COST OF PUBLIC IMPROVEMENTS 495 000 00 41 500 00 41 500 00 28 000 00 140 000 00 746 000 00 52 220 00 14 920 00 5 000 00 72 140 00 818 140 00 SECURITY AMOUNT 110 of 818 140 00 899 954 00 I SP 2 145 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 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 financial 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 financial 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 Mark Sonstegard The Ryland Group 7599 Anagram Drive Eden Prairie MN 55344 Phone 952 229 6000 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 An 899 954 00 letter of credit or escrow for the developer installed improvements the 127 067 80 cash 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 00 2 of 318 140 00 Street light fee for electricity 1 light x 300 00Iight Attorney fees GIS fee 25 00 plat 20 parcels @ 1O 00 parcel Surface Water Management Fee Park Dedication Fee 12 single family units x 5 800 00 unit Arterial Collector Fee 229 acres x 2400 00 acre TOTAL CASH FEES SP 3 21 362 80 300 00 450 00 225 00 29 634 00 69 600 00 5496 00 127 067 80 146 B ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL 1 The lift station and lift station access must be shown on the plans 2 The right of way for the future public street on the south side of Lyman Boulevard at Audubon Road shall be 60 feet 3 The plans must show the existing intersection of Audubon Road and Lyman Boulevard 4 The grading for the future lots east of future River Rock Drive from The Preserve at Bluff Creek 2nd Addition to the cul de sac must be revised so that the minimum finished grade is no less than 2 5 Homes with a low floor elevation of 935 or lower will require a pressure reducing valve within the house 6 Each new lot is subject to the sanitary sewer and water hookup charges These fees are collected with the building permit and are based on the rates in effect at the time of building permit application The party applying for the building permit is responsible for payment of these fees 7 The 5496 00 arterial collector fee for this phase must be paid in cash with the final plat 8 The construction plans must be revised to reflect that private streets will lie within outlots not public right of way 9 Curbs on public streets shall be high back curbs on private streets shall be surmountable 10 There is a storage building on the property just behind the city s lift station that need to be removed 11 Any retaining wall four feet high or taller requires a building permit and must be designed by an Engineer registered in the State of Minnesota 12 To the maximum extent practicable the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer 13 Sidewalks to public streets and within privately owned outlots shall be owned and maintained by the homeowners association Outlot C Trail and other sidewalks on public streets can be used by the public SP4 147 14 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed 15 Outlots containing public utilities watermain sanitary sewer and storm sewer that conveys runoff from a public street must have blanket drainage and utility easements over the outlot Private utilities e g storm sewer that only conveys runoff from a private street within outlots shall be owned and maintained by the association C PLANNING DEPARTMENT CONDITIONS OF APPROVAL 1 Park and Trail fees for the 2nd Addition are 69 600 2 The applicant shall provide details for the proposed trail crossing of Bluff Creek Minnesota Department of Natural Resources DNR permits shall be obtained for all creek crossings In addition the trail alignment shall be revised to cross Bluff Creek in the same location as the sanitary sewer crossing Immediately south of the creek crossing the trail intersection shall be redesigned to avoid impact to the trees 3 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 a Type of Slope Time Maximum time an area can b Steeper than 3 1 7 days remain open when the area c 10 1 to 3 1 14 days is not actively being worked d Flatter than 10 1 21 days 4 Tree protection fencing shall be installed prior to construction around all areas designated for preservation and or at the edge of proposed grading limits 5 A turf plan shall be submitted to the City indicating the location of sod and seeding areas 6 Applicant shall remove Emerald Queen Norway maple from the planting schedule The applicant shall substitute another species with approval from the City 7 The developer shall work with staff to develop and install appropriate markers at lot lines to demarcate the primary zone 8 The applicant shall provide information to show the outlet for Wetland 7 and the routing of water to a public waterbody SP 5 148 9 Drainage and utility easements minimum 20 feet in width shall be provided over all existing wetlands wetland mitigation areas buffer areas used as PVC and storm water ponds 10 The estimated total SWMP fee due for Phase I payable to the City at the time of final plat recording is 29 634 00 11 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 NPDES Phase IT Construction Site Permit Minnesota Department of Natural Resources for dewatering Army Corps of Engineers Minnesota Department of Transportation Minnesota Department of Health and comply with their conditions of approval 9 General Conditions Th general conditions of this Contract are attached as Exhibit B and incorporated herein SP 6 149 CITY OF CHANHASSEN BY Thomas A Furlong Mayor SEAL AND Todd Gerhardt City Manager THE RYLAND GROUP INe BY Wayne Soojian Vice President STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2007 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 ST ATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2007 by Wayne Soojian Vice President of The Ryland Group Inc a Corporation on behalf of the company NOTARY PUBLIC DRAFfEDBY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 SP 7 150 EXHIBIT A TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY Outlot A and Outlot G THE PRESERVE AT BLUFF CREEK 1ST ADDITION according to the recorded plat thereof Carver County Minnesota 151 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 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 152 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 affirm 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 NOTAR Y PUBLIC DRAFTED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 153 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 International 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 154 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 multi phased preliminary plat the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied Development of subsequent phases may not 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 final 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 final platted shall lapse and be void unless final 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 155 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 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 2 156 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 final inspection of the work with the City Engineer Before the City accepts the improvements the City Engineer shall be satisfied that all work is 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 final 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 2Yz 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 3 157 occupancy is requested a financial 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 financial guarantee shall be returned If the requirements are not satisfied the City may use the security to satisfy the requirements The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 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 final 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 final 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 4 158 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 of these 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 final 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 2Y2 of construction costs for the first 1 000 000 and one and one half percent 11f2 of construction costs over 1 000 000 Before the City signs the final plat the Developer shall deposit with the City a fee based upon construction estimates After construction is completed the final fee shall be determined based upon actual construction costs The cost of public improvements is defined in paragraph 6 of the Special Provisions GC 5 159 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 21E 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 of this 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 H The developer shall pay the City a fee established by City Council resolution to reimburse the City for the cost of updating the City s base maps GIS data base files and converting the plat and record drawings into an electronic format Record drawings must be submitted within four months of final 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 of the work to be performed by it hereunder the City may at its option perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City provided the Developer is first given notice of the work in default not less than four 4 days in advance This Contract is a license for the City to act and it shall not be necessary for the City to seek a Court order for permission to enter the land When the City does any such work the City may in addition to its other remedies assess the cost in whole or in part GC 6 160 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 of the Developer s obligations under this Contract The City shall have no responsibility or liability to lot purchasers or others for the City s failure to enforce this Contract or for allowing deviations from it D Breach of Contract Breach of the 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 7 161 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 Assignabilitv 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 All site development and construction must cease for seven 7 calendar days 500 00 1 000 00 M Noise Amplification The use of outdoor loudspeakers bullhorns intercoms and similar devices is prohibited in conjunction with the construction of homes buildings and the improvements required under this contract The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph N Access All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat o Street Maintenance The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City Warning signs shall be placed by GC 8 162 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 final 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 stonn 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 of the storm sewer costs shown under section 6 of the 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 abuilding 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 9 163 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 final plat approval the developer shall provide the City with two complete sets of full size construction plans and four sets of ll xl7 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 164 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 3106 GC ll 165 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 Paul Oehme Public Works Director City Engineer FROM Charles Siegle Equipment Superintendent DATE May 14 2007 SUBJECT Consider Purchase of Wheel Loader PW016MMM REQUESTED ACTION Authorize purchase of wheel loader DISCUSSION Annually the City considers replacement of vehicles that have reached their average life expectancy and are showing signs of needing major maintenance It has been the City s practice to replace these vehicles before major repairs are required Most City vehicles are used on a daily basis and have to be reliable to maintain appropriate City services Vehicles proposed to be replaced are showing signs of significant wear Also it is appropriate to replace older rusty vehicles to present a good image to the public The 2007 CIP included the replacement of a single axle dump truck useci for snow plowing and other hauling work and a front end loader Staff has reviewed the current and future needs of the City and the current plowing routes andlas prjposed to replace a single axle dump truck with a loader A new loader to replace the existing loader would not be purchased A loader with a plow and a wipg canplow cul de sacs and residential roads just as effective as a single axle dump truck Also loaders are more effective for cleaning up streets and cul de sacs after snow events The new loader would be put on a plow route that does not usually need much sanding and salting Staff feels the front end loader for this application would be used more annually then a replacement single axle truck The current loader scheduled for replacement was purchased in 1971 and is not used extensively except for loading trucks at the public works garage The loader does not have much of a trade in value Staff is proposing to keep this loader until significant repairs are required and then scrap the vehicle 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 play166 May 14 2007 Consider Purchase of Wheel Loader Page 2 DISCUSSION JUSTIFICA TION STREET DEPARTMENT WA250 5 KOMATSU WHEEL LOADER The 1991 Ford L8000 Fleet 114 single axle dump truck is 16 years old This vehicle is used for snow plowing sanding hauling fill and black topping The dump box cab and chassis have significant rust and the radiator needs to be replaced It is anticipated a loader with a plow and wing will last longer then a plow truck The estimated resale value of this truck is about 10 000 BIDS AND QUOTES The following quote has been received from a state bid contract for a Wheel Loader 1 STREET DEPARTMENT WHEEL LOADER 2007 Komatsu WA250 5 Articulating Wheel Loader with Falls 147 180 00FrontPlowandSideWing Sales Tax 9 566 70 Subtotal 156 746 70 Trade 114 10 000 00 TOTAL 146 746 70 The budgeted amount in the 2007 CIP for this loader is 160 000 SUMMARY The City s fleet continues to go past the normal replacement age of ten years for most vehicles It is important to keep up with the replacement schedule of vehicles RECOMMENDATION It is recommended that the City Council approve a bid for the purchase of a Komatsu WA250 5 Articulating Wheel Loader Attachment g eng public pwO 16 purchase cip vehicles memo07Ioaderdoc167 I Capital Improvement Program City of Chanhassen MN Project EQ 056 Project Name Front End Loaders 2007 thru 2011 Account 1 400 00004705 Account 3 Contact Unassigned Department Major Equipment Type Equipment Useful Life Unassigned Category Street Equipment Priority na Total Project Cost 330 000 Account 2 Description I This item replaces the front end loaders used in street maintenance This loader is used very frequently at the shop The loader was purchased in1971andwillbe36yearsoldatthetimeoftradeinTheloaderisalsousedforplowingresidentialstreets Justification I The loader requires more frequent and expensive repairs Replacement parts are hard to find Expenditures Equipment 2007 160 000 Total 160 000 2008 2009 2010 170 000 170 000 2011 Total 330 000 330 000 Funding Sources Capital Replacement Fund Total 2007 160 000 160 000 2008 2009 2010 170 000 170 000 2011 Total 330 000 330 000 Operational Impact Other I 43 168 I I Capital Improvement Program City of Chanhassen MN 2007 thru 2011 I Account 1 4004108 4704 Account 3 Contact Unassigned Department Major Equipment Type Vehicles Useful Life Unassigned Category Street Equipment Priority na Total Project Cost 1 023 800 I Project EQ 016 Project Name DumplPlow Truck Replacements Additions Account 2 Description I These purchases are required to maintain a reliable truck fleet Costs include truck chassis dwnp box hydraulic system snow wing snow plowandsanderTruckchassiscostsarehigherduetonewfederalmandatedantilockbrakingrequirementseffectivesince2000ThesevehiclesarepurchasedusingeithertheHennepinCountyorStateofMNcooperativebidsystemsOrdersfortruckchassisaretypicallyrequiredtobeplaceduptooneyearinadvanceofdelivery I I I Justification I These vehicles are used to provide a variety of maintenance services throughout the community including whiter response for plowing and haulingsnowTheaveragereplacementageis165yearsWinteremergencyservicenecessitatesthesevehiclesbereliableanddependableGrowthinthecommunitycreatesadditionalworkforthesetrucksThesevehiclepurchasesareconsistentwiththeVehicleReplacementScheduleI I Expenditures Vehicles 2007 153 000 153 000 2008 161 000 161 000 2009 338 000 338 000 2010 2011 371 800 371 800 Total 1 023 800 1 023 800ITotal I I Funding Sources Capital Replacement Fund Total 2007 153 000 153 000 2008 161 000 161 000 2009 338 000 338 000 2010 2011 371 800 371 800 Total 1 023 800 1 023 800 I I Operational ImpactOther I These purchases will include a limited warranty and will reduce the annual maintenance and repair costs as compared to the vehicles replacedI I I MONEY WILL NOT BE USED IN 2007 I I 23 169 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 9522271170 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 2271130 Fax 952227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952227 1310 Senior Center Phone 9522271125 Fax 952 227 1110 Web Site www ci chanhassen mn us Jj MEMORANDUM TO Todd Gerhardt City Manager Lori Haak Water Resources coordinator May 14 2007 FROM DATE SUBJ Amendments to City Code Regarding Chapter 1 and Chapter 20 Article VI Wetland Protection REQUESTED ACTION Staff recommends the City Council adopt a motion adopting ordinances amending Chapters 1 and 20 of the City Code to bring the code into compliance with the City s Second Generation Surface Water Management Plan Staff also recommends the City Council adopt a motion approving summary ordinances for Chapters 1 and 20 for publication purposes A simple majority vote of City Council members present is required to adopt the amendments however a 4 5ths majority vote of the City Council is required for approval of the summary ordinances for publication purposes EXECUTIVE SUMMARY The Planning Commission held a public hearing on December 5 2006 to review the draft code revisions and ordinances and to receive public comment At that meeting the Planning Commission voted 7 to 0 to recommend adoption of ordinances amending Chapters 1 7 13 18 19 and 20 of the City Code to bring the code into compliance with the City s Second Generation Surface Water Management Plan The City Council approved ordinances amending Chapters 1 7 13 18 19 and 20 on February 12 2007 Two items were retained for further discussion at City Council work sessions the definition of impervious surface Chapter 1 and the revised wetland ordinance Chapter 20 with related definitions in Chapter 1 The Council considered additional information on the revised wetland ordinance and has requested staff bring the item back to full council for discussion and a decision The discussion of the impervious surface definition continues at City Council work sessions currently scheduled for May 29 2007 The City of Chanhassen A growing community with clean lakes quality schools a channing downtown thriving businesses winding trails and beautiful parks A great place to live work and play170 Todd Gerhardt May 14 2007 Page 2 of 3 CHAPTER 20 ARTICLE VI WETLAND PROTECTION Sections 20 401 through 20 418 Chapter 20 Article VI Wetland Protection are repealed entirely This allows staff to restructure the wetland protection portion of the code New Sections 20 401 through 20 421 are adopted in their place The primary revisions within Article VI are Adopting a City Wetland Inventory map that includes the new wetland classifications Outstanding Preserve Manage 1 Manage 2 and Manage 3 Outlining the requirements for wetland delineations Explaining the process for classifying wetlands and appealing existing classifications Setting new wetland buffer requirements eliminating average widths and revising wetland setbacks Allowing accessory structures within the last 50 of the principal structure setback Outlining additional protections for wetland buffer strips including requiring them to be located on the Registered Land Survey and requiring drainage and utility easements over wetlands and buffer strips and Adding a requirement for Administrative Wetland Permits for wetland management activities vegetation management This will be similar to the Zoning Permit process currently administered by the Planning Division Wetland Buffer Widths At the work session on April 23 2007 City Council discussed wetland buffer widths and wetland buffer setbacks for each wetland classification Below is a table that outlines this information The majority of the Council agreed that the buffer and setback requirements for Manage 1 Manage 2 and Manage 3 wetlands should be reduced from staff s recommendation as follows Principal Structure Accessory Structure Permanent Buffer Percent of Buffer Wetland Setback from Setback from Buffer Strip Minimum Strip in Native Classification Buffer Edge feet Edge feet Width feet Vegetation Outstanding 50 50 50 100 Preserve 40 20 40 100 Manage 1 4Q30 u 15 JG25 100 Manage 2 4Q30 u 15 20 Over 50 Manage 3 4Q30 u 15 u 165 Over 50 Because the City must remain in compliance with existing regulations that exist at the watershed district level buffer widths should not be less than 16 5 feet for any wetland This is the current minimum wetland buffer required by the Minnehaha Creek Watershed District 171 Todd Gerhardt May 14 2007 Page 3 of 3 RECOMMENDED ACTION Staff recommends that the City Council adopt the following motions The City Council adopts ordinances amending Chapters 1 and 20 of the City Code to bring the code into compliance with the City s Second Generation Surface Water Management Plan and The City Council approves the summary ordinances for Chapters 1 and 20 for publication purposes ATTACHMENTS 1 Summary Ordinances for Chapters 1 and 20 2 Ordinances amending Chapters 1 and 20 3 Revisions for language for Chapters 1 and 20 G ENGLori Surface Water2006 SWMP Update Code Updates CC 051407 051407 CC Memo doc 172 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA SUMMARY OF ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 1 OF THE CHANHASSEN CITY CODE GENERAL PROVISIONS The purpose ofthis code amendment is to revise and update Section 1 2 of the City of Chanhassen including Adding definitions that appear in the Second Generation Surface Water Management Plan including Administrative Wetland Permit City Wetland Inventory Manage 1 Wetlands Manage 2 Wetlands Manage 3 Wetlands Minnesota Routine Assessment Method Outstanding Wetlands Preserve Wetlands WCA Agent Wetland Conservation Act Wetland Alteration and Wetland Management Activity Removing terms that are no longer used or referenced in the Second Generation Surface Water Management Plan including AglUrban wetlands Natural wetlands Pristine wetlands Utilized water body Water body utilized Wetlands ag urban Wetlands natural and Wetlands pristine 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 2007 by the City Council of the City of Chanhassen Published in the Chanhassen Villager on 173 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA SUMMARY OF ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE ZONING The purpose of this code amendment is to revise and update the zoning code of the City of Chanhassen including Restructuring the wetland protection article Establishing a City Wetland Inventory Establishing five management categories for wetlands Allowing wetland buffer dedication in exchange for decreased accessory structure setbacks from wetlands Implementing requirements for wetland delineations and their submittals Defining the procedures for conducting function and value assessments for unclassified wetlands Outlining information that must be submitted with a wetland alteration permit application Setting forth standards for issuance of a wetland alteration permit Revising the required wetland buffer strips and setbacks for lots created after the codification of this ordinance Requiring wetland buffer strips and setbacks to be shown on lot surveys Outlining requirements for wetland buffer strips Establishing an administrative wetland permit for wetland management activities 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 2007 by the City Council of the City of Chanhassen Published in the Chanhassen Villager on 174 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 1 CHANHASSEN CITY CODE GENERAL PROVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS Section 1 The following terms within Section 1 2 of the City Code City of Chanhassen Minnesota and their definitions are hereby repealed AglUrban wetlands Natural wetlands Pristine wetlands Utilized water body Water body utilized Wetlands ag urban Wetlands natural Wetlands pristine Section 2 Section 1 2 of the City Code City of Chanhassen Minnesota is hereby amended to include the following terms and their definitions Administrative Wetland Permit means authorization to perform an activity that is classified as a Wetland Management Activity Securing an Administrative Wetland Permit does not exempt the permittee from obtaining any and all other necessary permits e g United States Army Corps of Engineers Minnesota Pollution Control Agency 20 City Wetland Inventory means the official City Wetland Inventory Map depicting the approximate location and extent of wetlands within Chanhassen A copy of this map shall be maintained on the City s GIS database with both hard and electronic copies being made available for public review upon request 20 Manage 1 wetlands means high quality wetlands that should be protected from development and other pressures of increased use including indirect effects of development Maintaining natural buffers will help to retain the significant function these wetlands provide In the event that 1 175 impacts to these wetlands cannot be avoided replacement ratios for mitigation should exceed the state required minimums 20 Manage 2 wetlands means wetlands that provide medium functional levels and the wetland extent should be maintained These wetlands often provide optimal restoration opportunity 20 Manage 3 wetlands means wetlands that have been substantially disturbed and have the lowest functions and values 20 Minnesota Routine Assessment Method or MnRAM means Minnesota Routine Assessment Method for Evaluating Wetland Functions MnRAM Version 3 0 or future versions 20 Outstanding wetlands means wetlands that are classified as Outstanding Resource Value Waters by the State of Minnesota 20 Preserve wetlands means exceptional and highest functioning wetlands or those sensitive wetlands receiving conveyed stormwater runoff that have yet retained a medium level of vegetative diversitylintegrity These wetlands are those that should be preserved in or improved to their most pristine or highest functional capacity with wide natural buffers in perpetuity 20 WCA agent means the city staff member responsible for the administration of the Minnesota Wetland Conservation Act 20 Wetland Conservation Act or WCA means the Wetland Conservation Act of 1991 as amended M S S 103F 612 et seq and the accompanying rules of the Minnesota Board of Water and Soil Resources Minnesota Rules Chapter 8420 as amended 20 Wetland alteration means draining grading excavating filling removing healthy native vegetation or otherwise altering or destroying a wetland 20 Wetland management activity means planting seed or live plant material burning chemically treating removing topsoil or utilizing other means for the sole purpose of managing native plant communities and or eradicating invasive nonnative vegetation 20 Section 3 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this day of 200 by the City Council of the City of Chanhassen Minnesota Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 2 176 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS Section 1 Sections 20 401 through 20 418 of the City Code City of Chanhassen Minnesota are hereby repealed Section 2 The City Code City of Chanhassen Minnesota is hereby amended by adding sections to be numbered 20 401 through 20 421 which shall read as follows ARTICLE VI WETLAND PROTECTION Sec 20 401 Findings intent rules adopted by reference a Wetlands help maintain water quality serve to reduce flooding and erosion act as sources of food and habitat for a variety of fish and wildlife and are an integral part of the community s natural landscape Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses It is the intent of this ordinance to establish a policy of sound stewardship through coordination of regulations that conserve protect enhance and result in the no net loss of these environmentally sensitive resources In addition it is the intent of the city to promote the restoration of degraded wetlands b The intent of this ordinance is to avoid alteration and destruction of wetlands When this is not feasible mitigation must be provided to recreate the function and value of the lost or altered wetlands c This ordinance is adopted in part to implement the Wetland Conservation Act of 1991 as amended M S 103F 612 et seq and the accompanying rules of the Minnesota Board of Water and Soil Resources Minnesota Rules Chapter 8420 as amended d This ordinance incorporates by reference the act and the rules Terms used in this ordinance which are defined in the act or the rules have the meanings given there Sec 20 402 Purpose The purpose of this ordinance is to assure the general health safety and welfare of the residents through preservation and conservation of wetlands and sound management of development by 1 177 1 Conducting an inventory and classification of all wetlands within the city and maintaining a comprehensive set of official city maps depicting the approximate location and extent of wetlands 2 Establishing wetland regulations that are coordinated with water quantity and water quality goals and policies of the Chanhassen Surface Water Management Plan 3 Requiring sound management practices that will protect conserve maintain enhance and improve the functions and values of wetlands within the community 4 Requiring measures designed to maintain and improve water quality in streams and lakes 5 Protecting and enhancing the scenic value of wetlands 6 Restricting controlling and mitigating the harmful effects of development on wetlands 7 Allowing only development that is planned to be compatible with wetland protection and enhancement 8 Providing standards for the alteration of wetlands when alteration is allowed 9 Educating and informing the public about the numerous benefits and features of wetlands and the impacts of urbanization 10 Obtaining protective easements over or acquiring fee title to wetlands as appropriate Sec 20 403 No net loss a To achieve no net loss of wetland except as provided under sections 20 417 and 20 418 of this ordinance or authorized by a wetland alteration permit issued by the city a person may not drain grade excavate fill bum remove healthy native vegetation or otherwise alter or destroy a wetland of any size or type Any alteration to a wetland permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands b Wetlands shall be subject to the requirements established herein as well as restrictions and requirements established by other applicable city ordinances and regulations The wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located c All activities within the City shall comply with the Wetland Conservation Act of 1991 as amended M S g 103F 612 et seq and the accompanying rules of the Minnesota Board of Water and Soil Resources Minnesota Rules Chapter 8420 as amended Where the requirements of City Code differ from those requirements the more restrictive shall apply Sec 20 404 Official wetland map a The City shall maintain the official City Wetland Inventory which is hereby adopted by reference An electronic copy of this map shall be maintained on the City s Geographic 2 178 Information System GIS database with both hard and electronic copies being made available for public review upon request b The City Wetland Inventory shall identify each basin as one of four management categories Preserve Manage 1 Manage 2 and Manage 3 These classifications will be determined using Figure 1 1 Wetland Management Classification Process Flowchart for Basic Wetland Protection from Minnesota Routine Assessment Method for Evaluating Wetland Functions MnRAM Version 3 0 or future versions c The presence or absence of a wetland on the City Wetland Inventory does not represent a definitive determination as to whether a jurisdictional wetland that would be covered by this ordinance is present Wetlands identified during a site specific delineation but not identified by the City Wetland Inventory are still subject to the provisions of this ordinance d The City Wetland Inventory does not depict delineated wetland boundaries and shall not be used as such e The City Wetland Inventory shall be amended to include any wetlands discovered during the site review process Sec 20 405 WetIand delineation a It is the responsibility of the project applicant to determine whether a wetland exists on a subject property It is the responsibility of the applicant to complete a wetland delineation and submit sufficient documentation of the wetland boundary to the city in a Wetland Delineation Report Wetland delineations shall be completed by or under the direct supervision of a Certified Wetland Delineator Three 3 hard copies of the Wetland Delineation Report must be submitted to the city s WCA agent Additionally an electronic copy of the delineated wetland boundaries must be submitted in a format compatible with the city s GIS database Wetland delineations shall be valid for three years Wetland delineations completed more than three 3 years prior may be confirmed and or updated by a qualified wetland professional through a site visit and submittal of a summary of the findings a copy of the old delineation and a map depicting both the original and revised wetland boundaries where applicable b Wetland delineations do not need to be completed for properties adjacent to a proposed development that is under separate ownership However sufficient information must be presented to demonstrate that any proposed activities shall not directly or indirectly impact adjacent basins The applicant shall review readily available information including but not limited to the City Wetland Inventory National Wetland Inventory maps topographic maps soil survey maps and recent and historic aerial photographs in preparing this assessment Sec 20 406 WetIand classification a All wetlands delineated under section 20 405 of this ordinance that have not been previously classified shall be classified using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions MnRAM Version 3 0 or future versions 3 179 b A MnRAM shall be completed by the property owner or applicant for each previously unclassified wetland An electronic version of the MnRAM evaluation must be submitted to and approved by the city to establish the classification of each wetland prior to any alteration or impact to the wetland c MnRAM 3 0 assessments have been completed by the City as a component of the City Wetland Inventory Applicants however may appeal the determination and submit a request to change the classification To do so the applicant must submit an electronic copy of the MnRAM for each affected basin to the WCA agent The forms must be filled out by a qualified wetland scientist The WCA agent will consult with the technical evaluation panel to determine if a change in the classification is warranted In all cases the burden to demonstrate the need for a change in classification lies with the applicant Sec 20 407 Permit required No person shall drain excavate in the permanent or semipermanent flooded areas of open water wetlands or fill a wetland wholly or partially or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city Draining grading excavating filling removing healthy native vegetation or otherwise altering or destroying a wetland of any size or type not subject to an exemption under section 20 417 of this chapter requires a wetland alteration permit Activity in a wetland requiring a wetland alteration permit includes but is not limited to a Construction of new streets and utilities b Creation of ponds or dams and alterations of the natural drainageways of water courses This shall only be allowed as part of a mitigation project or to restore or improve the function and value of the wetland c Installation of boardwalks and docks Docks shall meet the additional requirements in Chapter 6 Article II of the Chanhassen City Code d Discharge of untreated stormwater runoff into wetlands e Changes in wetland hydrology that result in an increase in the ordinary high water level of a wetland by more than 12 inches Sec 20 408 Exemptions from earth work permit requirements Earth work completed in accordance with an approved wetland alteration permit is exempt from the requirement to obtain a separate earth work permit Sec 20 409 Permit application requirements and decisions a A wetland alteration permit shall not be issued without having been first reviewed by the planning commission and approved by the city council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules 8420 0230 The applicant shall have the burden of proving that the proposed use or 4 180 activity complies with the purposes intent and other provisions of this ordinance The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this ordinance Such conditions may among other matters limit the size kind or character of the proposed work require the construction of other structures require replacement of vegetation and wetland functions and values establish required monitoring procedures and maintenance activities stage the work over time require the alteration of the site design to ensure buffering andor require the provision of a performance security b Any projects seeking a wetland alteration permit subject to this ordinance will be required to submit the following 1 A wetland alteration permit application 2 A site grading plan of the entire property 3 Existing and proposed drainage areas to wetlands 4 A wetland delineation report in accordance with section 20 405 5 Wetland classification information in accordance with section 20 406 for each wetland on property 6 Buffer strip plan meeting the criteria of section 20 411 c and d 7 Submittals required by the Wetland Conservation Act 8 Topographic data 9 Other information as required by the city c Decisions made under this ordinance that fall under the authority of the Minnesota Wetland Conservation Act may be appealed to the Minnesota Board of Water and Soil Resources under Minnesota Rules 8420 0250 after administration appeal rights under the official controls have been exhausted Staff costs to the city associated with appeals shall be borne by the applicant d The city council shall appoint a person to serve on a technical evaluation panel The person must be a technical professional with expertise in water resources management Decisions under this ordinance must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values location size andor type if the city council the landowner or a member of the technical evaluation panel asks for such determinations This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland management plan per Minnesota Rules 8420 0240 The city council may seek and consider recommendations if any made by the technical evaluation panel in making replacement plan decisions Unless otherwise designated the city s representative on the technical evaluation panel shall be the WCA agent e The applicant for a wetland alteration permit is responsible for obtaining all other necessary permits including but not limited to those required by watershed districts Minnesota Department of Natural Resources United States Army Corps of Engineers and Minnesota Pollution Control Agency prior to commencement of the permitted work Sec 20 410 General standards a The following standards apply to all lands within and abutting a wetland 5 181 1 Septic and soil absorption system must be a setback minimum of 75 feet from the ordinary high water mark of the wetland 2 The lowest ground floor elevation of a principal structure is three feet above the 100 year flood elevation of the wetland 3 Access across a wetland shall be by means of a boardwalk or elevated structure and only upon approval of a wetland alteration permit Wetland crossings must also be in conformance with all other state regulations 4 Docks and boardwalks shall be elevated a minimum of six inches above the ordinary high water mark Docks and boardwalks shall only be permitted to cross wetlands in instances where a wetland is riparian to a lake 5 The erosion and sediment control goals and policies within the city s Surface Water Management Plan shall be met 6 Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by Chanhassen City Code b When a wetland alteration permit is issued allowing wetland alteration the following standards shall be followed 1 The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland 2 It shall be located as to minimize the impact on vegetation 3 It shall not adversely change water flow 4 The size of the altered area shall be limited to the minimum required for the proposed action 5 The disposal of any excess material is prohibited within remaining wetland areas 6 The disposal of any excess material shall include proper erosion control and nutrient retention measures 7 Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning 8 Alterations to wetland areas shall be mitigated in accordance with the requirements of this ordinance if the activity results in a loss of wetland area andor function and value of the wetland 9 Dedicated buffers in accordance with section 20 411 Sec 20 411 Placement of structures a For lots created on or after date of codification a buffer strip shall be maintained abutting all wetlands All existing vegetation adjacent to a wetland shall be left undisturbed and applied toward the buffer strip unless otherwise approved by the WCA agent or city council Buffer strip vegetation shall be established and maintained in accordance with the following requirements If the buffer strip is disturbed native plant species shall be selected from wetland and upland plants to provide diverse habitat for various species of wildlife Buffer strips shall be identified by permanent monumentation acceptable to the city A minimum of one wetland buffer monument 6 182 is required per lot abutting the wetland edge The maximum spacing between monuments is 300 feet b The following table provides the minimum standards required for each wetland classification Principal Structure Accessory Structure Permanent Buffer Percent of Buffer Wetland Setback from Setback from Buffer Strip Minimum Strip in Native Classification Buffer Edge feet Edge feet Width feet Vegetation Outstanding 50 50 50 100 Preserve 40 20 40 100 Manage 1 30 15 25 100 Manage 2 30 15 20 Over 50 Manage 3 30 15 16 5 Over 50 I I I STRII 31 MANAGE 3 WETLAND ILLUSTRATION PRINCIPAL STRUCTURE SETBACK t BUFFER CK W I I I I I I I HOME 15 ACCESSORY STRUCTURE SETBACK c For lots created on or after date of codification principal structures and accessory structures shall maintain minimum setbacks from the wetland buffer as outlined in subparagraph b above d If buffer strips and setbacks were approved in conjunction with a site plan or subdivision before date of codification the standards set forth in the site plan or subdivision shall prevail except that in no case shall principal structures be set back less than 40 feet from the wetland edge unless a variance from the wetland setback requirements has been approved 7 183 e For lots of record before date of codification property owners may establish wetland buffer strips in compliance with subparagraph b above in exchange for a decreased setback for structures A wetland buffer agreement describing the precise location and extent of the buffer strip as well as the restrictions for activities within the buffer strip shall be signed by the property owner and the city and shall be recorded against the property at the county recorder s office The property owner shall be responsible for all costs and fees associated with the buffer strip dedication 1 Following the recording of the wetland buffer agreement with the county recorder s office accessory structures may be placed within the last 20 feet or 50 of the existing principal structure wetland setback whichever is less f In addition to the requirements above wetland buffer strips for wetland mitigation areas and those counted as Public Value Credit PVC shall also conform to the minimum standards as set forth by the Wetland Conservation Act g The locations of buffer strips and wetland setbacks shall be surveyed and included on the Certificate of Survey A Certificate of Occupancy shall not be issued unless this task is completed and approved by City staff h Retaining walls and fences may be located within wetland setbacks Neither retaining walls and fences nor the land alteration that takes place as part of construction shall encroach into the required buffer strips Sec 20 412 Buffer strips required a Before release of final plat the applicant must submit to the WCA agent a drainage and utility easement for protection of the wetland and approved buffer strip The easement must describe the boundaries of the wetland and the wetland buffer strips b Building structures paving mowing introducing non native vegetation cutting filling dumping disposing of yard waste fertilizing or tampering with the monuments within buffer strips is prohibited c Additional wetland impacts shall not be allowed for the creation of buffer strips d The use of meandering buffer strips to maintain a natural appearance is encouraged e Where roadways are constructed next to a wetland abuffer strip shall be maintained f Where acceptable natural vegetation exists in a wetland and adjacent buffer strip the retention of such vegetation in an undisturbed state shall be required unless the applicant receives approval to replace such vegetation A wetland and or buffer strip has acceptable vegetation if it is dominated by native tree shrub or grass species and has not been used for agricultural production in the last five years g The WCA agent may deny the use of existing vegetation for the use of buffer strips if 8 184 1 It is dominated by any species on the state noxious weed list as defined by Minnesota Statutes Section 18 76 18 88 These species include species such as leafy spurge spotted knapweed purple loosestrife and common and glossy buckthorn 2 It is present on unstable slopes has significant bare soil displays a history of erosion problems is prone to gully formation or does not function for sediment and nutrient removal 3 Any areas were used for agricultural production in the last five years or 4 The buffer strip is disturbed or altered h If an area is deemed to be unacceptable in its current state wetland buffer landscaping plan must be submitted to the WCA agent This plan shall include at a minimum 1 A plan sheet showing the proposed new buffer strip locations and any buffer strips acceptable as existing Existing buffer strips shall be identified and marked to prevent accidental disturbances 2 A specification as to what seed mixture will be used or what trees and or shrubs will be planted and their locations 3 A verification that all seed stock and tree species are native to Minnesota and are of local ecotypes 4 A detailed specification that identifies the project schedule materials installation or seeding instructions and costs 5 A maintenance schedule that describes the activities that will occur for at least the first two 2 years This should include a schedule of mowing and spot spraying for weeds if an area is seeded Plans that call for periodic burning shall have additional details and must have special permission prior to installation 6 A detail of all Best Management Practices BMPs and erosion control plans 7 A plan identifying the locations of buffer strip markers i The city may at their discretion require a cash escrow or letter of credit up to 110 of the cost to reestablish the buffer strip should it not be successful not be maintained or otherwise require city intervention to maintain the ordinance requirements Sec 20 413 Wetland alteration a An applicant for a wetland alteration permit must demonstrate that the activity impacting a wetland has complied or through imposition of conditions of approval will comply with all of the requirements of the Wetland Conservation Act b A wetland alteration permit shall not be issued unless the proposed development complies with this article c When a wetland alteration permit is issued allowing wetland alteration the alteration must be consistent with the city s Surface Water Management Plan and the Wetland Conservation Act The alteration shall not alter the hydrological patterns in the remainder of the wetland if a portion of the wetland remains unless exempted under section 20 417 Sec 20 414 Wetland management activities 9 185 Prior to commencement of a wetland management activity an administrative wetland permit must be obtained for the activity in accordance with section 20 415 Sec 20 415 Administrative wetland permit a Applications for administrative wetland permits shall be made on a form supplied by the city A fee shall be paid as set forth in Chanhassen City Code The WCA agent shall review applications to ensure proposed activities are in compliance with the Wetland Conservation Act and the requirements of this ordinance and are consistent with approved and or accepted wetland management practices b At the time of application a person or company making an application for an administrative wetland permit will be required to supply the following information 1 Location of wetland 2 Area of wetland to be managed 3 Name address and telephone number of the party responsible for management activity 4 Name address and telephone number of person or persons performing the management activity 5 Date of management activity 6 A list of the type of management activities to be performed at such time 7 An explanation of the rationale for performing the management activity 8 Information regarding the management activities being used and their effects on humans plants and wildlife especially non target species and 9 A signed consent from all property owners owning property containing or abutting wetland to be treated c The following activities shall be determined exempt from the provisions listed in subpart b above 1 Federal state or local government staff or contractors during the course of conducting maintenance activities and 2 Metropolitan Mosquito Control District during the course of conducting mosquito control activities d Activities for which administrative wetland permits are approved shall not contribute to nuisances as defined in the Chanhassen City Code e The WCA agent may deny the administrative wetland permit if it does not comply with subpart d above is not in compliance with the Wetland Conservation Act and or is not consistent with approved and or accepted wetland management practices Sec 20 416 Mitigation a Mitigation intent Where a wetland alteration permit is approved and mitigation is required pursuant to City Code and the Wetland Conservation Act mitigation must result in an improvement to the wetland function and value Mitigation plans must address water quality improvement and maintenance of preexisting hydrological balance and wildlife habitat The wetland function and value will include improvement of water quality maintaining hydrological 10 186 balance and provision of wildlife habitat Mitigation will be performed at ratios required by the Minnesota Wetland Conservation Act to achieve replacement of the wetland function and value b Mitigation standards The functions and values of mitigation wetlands shall be achieved through wetland restoration creation and or enhancement The mitigation standards found in Minnesota Rules 8420 0550 shall be followed 1 Mitigation shall be subject to wetland setback and buffer strip requirements as set forth in this ordinance 2 Mitigation shall at a minimum replace preexisting wetland function and values through the ratios set forth in Minnesota Rules 8420 0541 3 Wetland mitigation shall be undertaken on site If this is not feasible then mitigation may occur locally within the subwatershed If this is not possible then mitigation may occur outside the subwatershed elsewhere in the city If mitigation cannot be accomplished on site or if the city deems it necessary to perform mitigation off site then the applicant shall be responsible for providing off site mitigation within the major subwatershed as designated by the Minnesota Wetland Conservation Act or purchasing wetland credits from the state wetland bank d Construction management and long term wetland maintenance 1 The wetland alteration permit holder shall follow best management practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat 2 The wetland alteration permit holder shall submit an annual report to the city for replacement wetlands in Chanhassen The purpose of the annual report is to describe actual wetland management restoration or creation activities completed during the past year as well as activities planned for the upcoming year The annual report shall include all the information required of annual monitoring reports by Minnesota Rules 8420 0620 subpart 2 The wetland alteration permit holder shall submit annual monitoring reports as required by Minnesota Rules 8420 0610 Submission shall continue for at least five years or until the replacement wetland is deemed by the Technical Evaluation Panel TEP to be fully functional Where feasible the city shall require the wetland alteration permit holder to satisfy long term management requirements e Mitigation Surety To ensure that the proposed wetland replacement occurs the city shall hold either a cash escrow or letter of credit equal to 110 of the current value of wetland credits on the open market An additional escrow account shall be established to ensure that the required monitoring occurs The monitoring escrow shall be set at 110 of the current average monitoring expense as performed by an independent consultant The monitoring and replacement escrows may be released incrementally as monitoring and replacement are successfully completed The remaining escrow amount will be returned and the letter of credit 11 187 terminated upon completion of the monitoring and approval by the Technical Evaluation Panel TEP Any interest earned by holding of a cash escrow shall be the property of the city f Within the Minnehaha Creek Watershed District 1 1 mitigation is required for excavation within wetlands Sec 20 417 Exemptions and no loss determinations a Activities exempted by Minnesota Rules 8420 0122 or determined to result in no net loss of wetlands shall be exempted from the provisions of this ordinance However certificates of exemption or no loss must be obtained from the city prior to starting work b A person conducting an activity in a wetland under an exemption shall ensure that 1 Appropriate erosion and sediment control measures are taken to prevent sediment discharges from the site 2 The activity does not block fish activity in a watercourse and 3 The activity is conducted in compliance with all other applicable federal state and local requirements including best management practices as listed in part 8420 0112 and water resource protection requirements established under M S Ch 103H Sec 20 418 Variances Variances from the requirements of this ordinance may be granted in accordance with the variance provisions of Article II Division 3 of this chapter so long as the variances do not violate the Wetland Conservation Act and rules adopted under the Act Sec 20 419 Expiration and renewal of permit a Unless otherwise specified by the city council the permittee shall begin and complete the development authorized by the wetland alteration permit within one year after the date the council approves the permit application b The permittee shall provide written notice to the city 24 hours prior to the commencement and completion of the permitted project No project shall be deemed to have been completed until approved by the city after receipt of notice of completion c If the permittee fails to commence work within the time specified in this section the permit shall be void The permittee may make a written application to the city council for an extension of the time to commence work but only if the permittee submits the application prior to the date already established to commence work The application of an extension shall state the reasons the permittee requires an extension If the council does not extend the permit the holder of the void permit may apply for a new permit Sec 20 420 Inspection of work The city may cause inspection of work for which a wetland alteration permit is issued at the applicant s expense to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work 12 188 Sec 20 421 Enforcement procedures a Violation of this article wetland protection or of the terms of a permit issued thereunder shall be a misdemeanor b Any person who alters a wetland in violation of this article shall apply for a wetland alteration permit and shall pay a filing fee double the regular fee The city council may require the violator to restore the wetland or take other mitigative measures Section 3 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this day of 200 by the City Council of the City of Chanhassen Minnesota Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 13 189 CHAPTER 1 GENERAL PROVISIONS Sec 1 2 Rules of construction and definitions Administrative Wetland Permit means authorization to perform an activity that is classified as a Wetland Management Activity Securing an Administrative Wetland Permit does not exempt the permittee from obtaining any and all other necessary permits e g United States Army Corps of Engineers Minnesota Pollution Control Agency 20 1g Urban wetlands see Wetlands ag urban Best Management Practices BMPs means erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling preventing and minimizing degradation of surface water including avoidance of impacts construction phasing minimizing the length of time soil areas are exposed prohibitions and other management practices published by state or designated area wide planning agencies 19 20 City Wetland Inventory means the official City Wetland Inventory Map depicting the approximate location and extent of wetlands within Chanhassen A copy of this map shall be maintained on the City s GIS database with both hard and electronic copies being made available for public review upon request 20 Manage 1 wetlands means high quality wetlands that should be protected from development and other pressures of increased use including indirect effects of development Maintaining natural buffers will help to retain the significant function these wetlands provide In the event that impacts to these wetlands cannot be avoided replacement ratios for mitigation should exceed the state required minimums 20 Manage 2 wetlands means wetlands that provide medium functional levels and the wetland extent should be maintained These wetlands often provide optimal restoration opportunity 20 Manage 3 wetlands means wetlands that have been substantially disturbed and have the lowest functions and values 20 Minnesota Routine Assessment Method or MnRAM means Minnesota Routine Assessment Method for Evaluating Wetland Functions MnRAM Version 3 0 or future versions 20 Natural l etlEl1lds see Wetlands lwtural Outstanding wetlands means wetlands that are classified as Outstanding Resource Value Waters by the State of Minnesota 20 Page 1 of3 190 Preserve wetlands means exceptional and highest functioning wetlands or those sensitive wetlands receiving conveyed stormwater runoff that have yet retained a medium level of vegetative diversity integrity These wetlands are those that should be preserved in or improved to their most pristine or highest functional capacity with wide natural buffers in perpetuity 20 Pristine etltmds see Wetlands pristine Utilized water body see Water body utilized Water body utilized Utilized vater bodies created for the specific purpose of surface water runoff retention and or vater quality improvements These vater bodies are not to be classified as wetlands even if they take on wetland characteristics 1 etland alteration permits shall not be required to undertake ork on these water bodies 20 WCA agent means the city staff member responsible for the administration of the Minnesota Wetland Conservation Act 20 Wetland Conservation Act or WCA means the Wetland Conservation Act of 1991 as amended M S 103F 612 et seq and the accompanying rules of the Minnesota Board of Water and Soil Resources Minnesota Rules Chapter 8420 as amended 20 Wetland alteration means draining grading excavating filling removing healthy native vegetation or otherwise altering or destroying a wetland 20 Wetland management activity means planting seed or live plant material burning chemically treating removing topsoil or utilizing other means for the sole purpose of managing native plant communities and or eradicating invasive nonnative vegetation 20 Wetlands ag urbEm Netlands that have been influenced by agricultural or urban residential commercial or industrial land usage are called agurban Influences include oyernutrification soil erosion and sedimentation and vater quality degradation s a result of these influences there is a loss of plant species diversity overcrovlding and domination by invasive species such as reed canary grass and reduction in vildlife habitat 20 Wetlands natural Natural wetlands are still in their natural state and typically show little sign of impact from surrounding land usage The vegetative community of these vetlands is characterized by a diversity of plant species lith mixed dominance of species Other key factors include presence of natural indicator species good vildlife habitat and being aesthetically pleasing 20 Wetlands pristine Vetlands that exist in a natural state and have special and unusual qualities North protecting at a high level are called pristine These qualities include Page 2 of 3 191 outstanding vegetation community nati e species population rare or unusual species present and habitat for rare vildlife species 20 Page 3 of 3 192 CHAPTER 20 ZONING Repeal Sections 20 401 through 20 418 ARTICLE VI WETLAND PROTECTION Sec 20 401 Findings intent rules adopted by reference a Wetlands help maintain water quality serve to reduce flooding and erosion act as sources of food and habitat for a variety of fish and wildlife and are an integral part of the community s natural landscape Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses It is the intent of this ordinance to establish a policy of sound stewardship through coordination of regulations that conserve protect enhance and result in the no net loss of these environmentally sensitive resources In addition it is the intent of the city to promote the restoration of degraded wetlands b The intent of this ordinance is to avoid alteration and destruction of wetlands When this is not feasible mitigation must be provided to recreate the function and value of the lost or altered wetlands c This ordinance is adopted in part to implement the Wetland Conservation Act of 1991 as amended M S 103F 612 et seq and the accompanying rules of the Minnesota Board of Water and Soil Resources Minnesota Rules Chapter 8420 as amended d This ordinance incorporates by reference the act and the rules Terms used in this ordinance which are defined in the act or the rules have the meanings given there Sec 20 402 Purpose The purpose of this ordinance is to assure the general health safety and welfare of the residents through preservation and conservation of wetlands and sound management of development by 1 Conducting an inventory and classification of all wetlands within the city and maintaining a comprehensive set of official city maps depicting the approximate location and extent of wetlands 2 Establishing wetland regulations that are coordinated with water quantity and water quality goals and policies of the Chanhassen Surface Water Management Plan 3 Requiring sound management practices that will protect conserve maintain enhance and improve the functions and values of wetlands within the community Page 1 of 14 193 4 Requiring measures designed to maintain and improve water quality in streams and lakes 5 Protecting and enhancing the scenic value of wetlands 6 Restricting controlling and mitigating the harmful effects of development on wetlands 7 Allowing only development that is planned to be compatible with wetland protection and enhancement 8 Providing standards for the alteration of wetlands when alteration is allowed 9 Educating and informing the public about the numerous benefits and features of wetlands and the impacts of urbanization 10 Obtaining protective easements over or acquiring fee title to wetlands as appropriate Sec 20 403 No net loss a To achieve no net loss of wetland except as provided under sections 20 417 and 20 418 of this ordinance or authorized by a wetland alteration permit issued by the city a person may not drain grade excavate fill bum remove healthy native vegetation or otherwise alter or destroy a wetland of any size or type Any alteration to a wetland permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands b Wetlands shall be subject to the requirements established herein as well as restrictions and requirements established by other applicable city ordinances and regulations The wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located c All activities within the City shall comply with the Wetland Conservation Act of 1991 as amended M S S 103F 612 et seq and the accompanying rules of the Minnesota Board of Water and Soil Resources Minnesota Rules Chapter 8420 as amended Where the requirements of City Code differ from those requirements the more restrictive shall apply Sec 20404 Official wetland map a The City shall maintain the official City Wetland Inventory which is hereby adopted by reference An electronic copy of this map shall be maintained on the City s Geographic Information System GIS database with both hard and electronic copies being made available for public review upon request Page 2 of 14 194 b The City Wetland Inventory shall identify each basin as one of four management categories Preserve Manage 1 Manage 2 and Manage 3 These classifications will be determined using Figure 1 1 Wetland Management Classification Process Flowchart for Basic Wetland Protection from Minnesota Routine Assessment Method for Evaluating Wetland Functions MnRAM Version 3 0 or future versions c The presence or absence of a wetland on the City Wetland Inventory does not represent a definitive determination as to whether a jurisdictional wetland that would be covered by this ordinance is present Wetlands identified during a site specific delineation but not identified by the City Wetland Inventory are still subject to the provisions of this ordinance d The City Wetland Inventory does not depict delineated wetland boundaries and shall not be used as such e The City Wetland Inventory shall be amended to include any wetlands discovered during the site review process Sec 20 405 Wetland delineation a It is the responsibility of the project applicant to determine whether a wetland exists on a subject property It is the responsibility of the applicant to complete a wetland delineation and submit sufficient documentation of the wetland boundary to the city in a Wetland Delineation Report Wetland delineations shall be completed by or under the direct supervision of a Certified Wetland Delineator Three 3 hard copies of the Wetland Delineation Report must be submitted to the city s WCA agent Additionally an electronic copy of the delineated wetland boundaries must be submitted in a format compatible with the city s GIS database Wetland delineations shall be valid for three years Wetland delineations completed more than three 3 years prior may be confirmed andor updated by a qualified wetland professional through a site visit and submittal of a summary of the findings a copy of the old delineation and a map depicting both the original and revised wetland boundaries where applicable b Wetland delineations do not need to be completed for properties adjacent to a proposed development that is under separate ownership However sufficient information must be presented to demonstrate that any proposed activities shall not directly or indirectly impact adjacent basins The applicant shall review readily available information including but not limited to the City Wetland Inventory National Wetland Inventory maps topographic maps soil survey maps and recent and historic aerial photographs in preparing this assessment Sec 20 406 Wetland classification a All wetlands delineated under section 20 405 of this ordinance that have not been previously classified shall be classified using the results from the Minnesota Routine Page 3 of 14 195 Assessment Method for Evaluating Wetland Functions MnRAM Version 3 0 or future verSIOns b A MnRAM shall be completed by the property owner or applicant for each previously unclassified wetland An electronic version of the MnRAM evaluation must be submitted to and approved by the city to establish the classification of each wetland prior to any alteration or impact to the wetland c MnRAM 3 0 assessments have been completed by the City as a component of the City Wetland Inventory Applicants however may appeal the determination and submit a request to change the classification To do so the applicant must submit an electronic copy of the MnRAM for each affected basin to the WCA agent The forms must be filled out by a qualified wetland scientist The WCA agent will consult with the technical evaluation panel to determine if a change in the classification is warranted In all cases the burden to demonstrate the need for a change in classification lies with the applicant Sec 20 407 Permit required fat No person shall drain excavate in the permanent or semipermanent flooded areas of open water wetlands or fill a wetland wholly or partially or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city Draining grading excavating filling removing healthy native vegetation or otherwise altering or destroying a wetland of any size or type not subject to an exemption under section 20 417 of this chapter requires a wetland alteration permit Activity in a wetland requiring a wetland alteration permit includes but is not limited to a Construction of new streets and utilities M Creation of ponds or dams and alterations of the natural drainageways of water courses This shall only be allowed as part of a mitigation project or to restore or improve the function and value of the wetland c Installation of boardwalks and docks Docks shall meet the additional requirements in Chapter 6 Article II of the Chanhassen City Code d Discharge of untreated stormwater runoff into wetlands e4 Changes in wetland hydrology that result in an increase in the ordinary high water level of a wetland by more than 12 inches b The city must be notified at least five business days prior to the use of any form of treatment of wetlands to control nuisance vegetation including chemically treating burning mo ving or biologically treating wetlands 1 At the time of notification a person or company vill be required to supply the following information Page 4 of 14 196 a Location of wetland b Area of Hetland to be treated c Name address and telephone number of the party responsible for treatment d Name address and telephone number of person or persons performing the treatment e Date of treatment f llist of the type of treatments to be used at such time g statement indicating an understanding of the treatment being applied and its effect on humans plants and vildlife and h A signed consent from all property owners ovning property containing or abutting wetland to be treated c The following activities shall be determined exempt from the pro lisions listed in subpart b above 1 Federal state or local government staff or contractors during the course of conducting maintenance activities and 2 Metropolitan Mosquito Control District during the course of conducting mosquito control activities Sec 20 408 Exemptions from earth work permit requirements Earth work completed in accordance with an approved wetland alteration permit is exempt from the requirement to obtain a separate earth work permit Sec 20 409 Permit application requirements and decisions a A wetland alteration permit shall not be issued without having been first reviewed by the planning commission and approved by the city council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules 8420 0230 The applicant shall have the burden of proving that the proposed use or activity complies with the purposes intent and other provisions of this ordinance The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this ordinance Such conditions may among other matters limit the size kind or character of the proposed work require the construction of other structures require replacement of vegetation and wetland functions and values establish required monitoring procedures and maintenance activities stage the work over time require the alteration of the site design to ensure buffering and or require the provision of a performance security b Any projects seeking a wetland alteration permit subject to this ordinance will be required to submit the following 1 A wetland alteration permit application 2 A site grading plan of the entire property 3 Existing and proposed drainage areas to wetlands Page 5 of 14 197 4 A wetland delineation report in accordance with section 20 405 5 Wetland classification information in accordance with section 20 406 for each wetland on property 6 Buffer strip plan meeting the criteria of section 20 411 c and d 7 Submittals required by the Wetland Conservation Act 8 Topographic data 9 Other information as required by the city c Decisions made under this ordinance that fall under the authority of the Minnesota Wetland Conservation Act may be appealed to the Minnesota Board of Water and Soil Resources under Minnesota Rules 8420 0250 after administration appeal rights under the official controls have been exhausted Staff costs to the city associated with appeals shall be borne by the applicant d The city council shall appoint a person to serve on a technical evaluation panel The person must be a technical professional with expertise in water resources management Decisions under this ordinance must not be made until after receiving the determination of the technical evaluation panel regarding wetland public values location size andor type if the city council the landowner or a member of the technical evaluation panel asks for such determinations This requirement does not apply to wetlands for which such data is included in an approved comprehensive wetland management plan per Minnesota Rules 8420 0240 The city council may seek and consider recommendations if any made by the technical evaluation panel in making replacement plan decisions Unless otherwise designated the city s representative on the technical evaluation panel shall be the WCA agent e The applicant for a wetland alteration permit is responsible for obtaining all other necessary permits including but not limited to those required by watershed districts Minnesota Department of Natural Resources United States Army Corps of Engineers and Minnesota Pollution Control Agency prior to commencement of the permitted work Sec 20 410 General standards a The following standards apply to all lands within and abutting a wetland 1 Septic and soil absorption system must be a setback minimum of 75 feet from the ordinary high water mark of the wetland 2 The lowest ground floor elevation of a principal structure is three feet above the 100 year flood elevation of the wetland 3 Access across a wetland shall be by means of a boardwalk or elevated structure and only upon approval of a wetland alteration permit Wetland crossings must also be in conformance with all other state regulations Page 6 of 14 198 4 Docks and boardwalks shall be elevated a minimum of six inches above the ordinary high water mark Docks and boardwalks shall only be permitted to cross wetlands in instances where a wetland is riparian to a lake 5 The erosion and sediment control goals and policies within the city s Surface Water Management Plan shall be met 6 Stormwater runoff shall not be discharged into wetlands without water quality pretreatment as prescribed by Chanhassen City Code b When a wetland alteration permit is issued allowing wetland alteration the following standards shall be followed 1 The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland 2 It shall be located as to minimize the impact on vegetation 3 It shall not adversely change water flow 4 The size of the altered area shall be limited to the minimum required for the proposed action 5 The disposal of any excess material is prohibited within remaining wetland areas 6 The disposal of any excess material shall include proper erosion control and nutrient retention measures 7 Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning 8 Alterations to wetland areas shall be mitigated in accordance with the requirements of this ordinance if the activity results in a loss of wetland area andor function and value of the wetland 9 Dedicated buffers in accordance with section 20 411 Sec 20 411 Placement of structures a For lots created on or after date of codification a buffer strip shall be maintained abutting all wetlands All existing vegetation adjacent to a wetland shall be left undisturbed and applied toward the buffer strip unless otherwise approved by the WCA agent or city council Buffer strip vegetation shall be established and maintained in accordance with the following requirements If the buffer strip is disturbed native plant species shall be selected from wetland and upland plants to provide diverse habitat for various species of wildlife Buffer strips shall be identified by permanent monumentation acceptable to the city A minimum of one wetland buffer monument is required per lot abutting the wetland edge The maximum spacing between monuments is 300 feet b The following table provides the minimum standards required for each wetland classification Page 7 of 14 199 Principal Structure Accessory Structure Permanent Buffer Percent of Buffer Wetland Setback from Setback from Buffer Strip Minimum Strip in Native Classification Buffer Edge feet Edge feet Width feet Vegetation Outstanding 50 50 50 100 Preserve 40 20 40 100 Manage 1 430 15 J025 100 Manage 2 4 30 15 20 Over 50 Manage 3 4 30 15 16 5 Over 50 MANAGE 3 WETLAND ILLUSTRATION PRINCIPAL STRUCTURE SETBACK I I I S t 31 t BUFFER oo lvw I I I I I I I 15 at1 ACCESSORY STRUCTURE SETBACK c For lots created on or after date of codification principal structures and accessory structures shall maintain minimum setbacks from the wetland buffer as outlined in subparagraph b above d If buffer strips and setbacks were approved in conjunction with a site plan or subdivision before date of codification the standards set forth in the site plan or subdivision shall prevail except that in no case shall principal structures be set back less than 40 feet from the wetland edge unless a variance from the wetland setback requirements has been approved e For lots of record before date of codification property owners may establish wetland buffer strips in compliance with subparagraph b above in exchange for a decreased setback for structures A wetland buffer agreement describing the precise location and extent of the buffer strip as well as the restrictions for activities within the Page 8 of 14 200 buffer strip shall be signed by the property owner and the city and shall be recorded against the property at the county recorder s office The property owner shall be responsible for all costs and fees associated with the buffer strip dedication 1 Following the recording of the wetland buffer agreement with the county recorder s office accessory structures may be placed within the last 15 feet or 50 of the existing principal structure wetland setback whichever is less t In addition to the requirements above wetland buffer strips for wetland mitigation areas and those counted as Public Value Credit PVC shall also conform to the minimum standards as set forth by the Wetland Conservation Act g The locations of buffer strips and wetland setbacks shall be surveyed and included on the Certificate of Survey A Certificate of Occupancy shall not be issued unless this task is completed and approved by City staff h Retaining walls and fences may be located within wetland setbacks Neither retaining walls and fences nor the land alteration that takes place as part of construction shall encroach into the required buffer strips Sec 20 412 Buffer strips required a Before release of final plat the applicant must submit to the WCA agent a drainage and utility easement for protection of the wetland and approved buffer strip The easement must describe the boundaries of the wetland and the wetland buffer strips b Building structures paving mowing introducing non native vegetation cutting filling dumping disposing of yard waste fertilizing or tampering with the monuments within buffer strips is prohibited c Additional wetland impacts shall not be allowed for the creation of buffer strips d The use of meandering buffer strips to maintain a natural appearance is encouraged e Where roadways are constructed next to a wetland a buffer strip shall be maintained t Where acceptable natural vegetation exists in a wetland and adjacent buffer strip the retention of such vegetation in an undisturbed state shall be required unless the applicant receives approval to replace such vegetation A wetland andor buffer strip has acceptable vegetation if it is dominated by native tree shrub or grass species and has not been used for agricultural production in the last five years g The WCA agent may deny the use of existing vegetation for the use of buffer strips if Page 9 of 14 201 1 It is dominated by any species on the state noxious weed list as defined by Minnesota Statutes Section 18 76 18 88 These species include species such as leafy spurge spotted knapweed purple loosestrife and common and glossy buckthorn 2 It is present on unstable slopes has significant bare soil displays a history of erosion problems is prone to gully formation or does not function for sediment and nutrient removal 3 Any areas were used for agricultural production in the last five years or 4 The buffer strip is disturbed or altered h If an area is deemed to be unacceptable in its current state wetland buffer landscaping plan must be submitted to the WCA agent This plan shall include at a mInImum 1 A plan sheet showing the proposed new buffer strip locations and any buffer strips acceptable as existing Existing buffer strips shall be identified and marked to prevent accidental disturbances 2 A specification as to what seed mixture will be used or what trees and or shrubs will be planted and their locations 3 A verification that all seed stock and tree species are native to Minnesota and are of local ecotypes 4 A detailed specification that identifies the project schedule materials installation or seeding instructions and costs 5 A maintenance schedule that describes the activities that will occur for at least the first two 2 years This should include a schedule of mowing and spot spraying for weeds if an area is seeded Plans that call for periodic burning shall have additional details and must have special permission prior to installation 6 A detail of all Best Management Practices BMPs and erosion control plans 7 A plan identifying the locations of buffer strip markers 8 An electronic copy of plans in a format compatible with the City GIS database i The city may at their discretion require a cash escrow or letter of credit up to 110 of the cost to reestablish the buffer strip should it not be successful not be maintained or otherwise require city intervention to maintain the ordinance requirements Sec 20 413 Wetland alteration a An applicant for a wetland alteration permit must demonstrate that the activity impacting a wetland has complied or through imposition of conditions of approval will comply with all of the requirements of the Wetland Conservation Act b A wetland alteration permit shall not be issued unless the proposed development complies with this article c When a wetland alteration permit is issued allowing wetland alteration the alteration must be consistent with the city s Surface Water Management Plan and the Wetland Page 10 of 14 202 Conservation Act The alteration shall not alter the hydrological patterns in the remainder of the wetland if a portion of the wetland remains unless exempted under section 20 417 Sec 20 414 Wetland management activities Prior to commencement of a wetland management activity an administrative wetland permit must be obtained for the activity in accordance with section 20 415 Sec 20 415 Administrative wetland permit a Applications for administrative wetland permits shall be made on a form supplied by the city A fee shall be paid as set forth in Chanhassen City Code The WCA agent shall review applications to ensure proposed activities are in compliance with the Wetland Conservation Act and the requirements of this ordinance and are consistent with approved and or accepted wetland management practices b At the time of application a person or company making an application for an administrative wetland permit will be required to supply the following information 1 Location of wetland 2 Area of wetland to be managed 3 Name address and telephone number of the party responsible for management activity 4 Name address and telephone number of person or persons performing the management activity 5 Date of management activity 6 A list of the type of management activities to be performed at such time 7 An explanation of the rationale for performing the management activity 8 Information regarding the management activities being used and their effects on humans plants and wildlife especially non target species and 9 A signed consent from all property owners owning property containing or abutting wetland to be treated c The following activities shall be determined exempt from the provisions listed in subpart b above 1 Federal state or local government staff or contractors during the course of conducting maintenance activities and 2 Metropolitan Mosquito Control District during the course of conducting mosquito control activities d Activities for which administrative wetland permits are approved shall not contribute to nuisances as defined in the Chanhassen City Code e The WCA agent may deny the administrative wetland permit if it does not comply with subpart d above is not in compliance with the Wetland Conservation Page 11 of 14 203 Act and or is not consistent with approved andor accepted wetland management practices Sec 20 416 Mitigation a Mitigation intent Where a wetland alteration permit is approved and mitigation is required pursuant to City Code and the Wetland Conservation Act mitigation must result in an improvement to the wetland function and value Mitigation plans must address water quality improvement and maintenance of preexisting hydrological balance and wildlife habitat The wetland function and value will include improvement of water quality maintaining hydrological balance and provision of wildlife habitat Mitigation will be performed at ratios required by the Minnesota Wetland Conservation Act to achieve replacement of the wetland function and value b Mitigation standards The functions and values of mitigation wetlands shall be achieved through wetland restoration creation andor enhancement The mitigation standards found in Minnesota Rules 8420 0550 shall be followed 1 Mitigation shall be subject to wetland setback and buffer strip requirements as set forth in this ordinance 2 Mitigation shall at a minimum replace preexisting wetland function and values through the ratios set forth in Minnesota Rules 8420 0541 3 Wetland mitigation shall be undertaken on site If this is not feasible then mitigation may occur locally within the subwatershed If this is not possible then mitigation au occur outside the subwatershed elsewhere in the city If mitigation cannot be accomplished on site or if the city deems it necessary to perform mitigation off site then the applicant shall be responsible for providing off site mitigation within the major subwatershed as designated by the Minnesota Wetland Conservation Act or purchasing wetland credits from the state wetland bank d Construction management and long term wetland maintenance 1 The wetland alteration permit holder shall follow best management practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat 2 The wetland alteration permit holder shall submit an annual report to the city for replacement wetlands in Chanhassen The purpose of the annual report is to describe actual wetland management restoration or creation activities completed during the past year as well as activities planned for the upcoming year The annual report shall include all the information required of annual monitoring reports by Minnesota Rules 8420 0620 subpart 2 Page 12 of 14 204 The wetland alteration permit holder shall submit annual monitoring reports as required by Minnesota Rules 8420 0610 Submission shall continue for five years or until the replacement wetland is deemed by the Technical Evaluation Panel TEP to be fully functional Where feasible the city shall require the wetland alteration permit holder to satisfy long term management requirements e Mitigation Surety To ensure that the proposed wetland replacement occurs the city shall hold either a cash escrow or letter of credit equal to 110 of the current value of wetland credits on the open market An additional escrow account shall be established to ensure that the required monitoring occurs The monitoring escrow shall be set at 110 of the current average monitoring expense as performed by an independent consultant The monitoring and replacement escrows may be released incrementally as monitoring and replacement are successfully completed The remaining escrow amount will be returned and the letter of credit terminated upon completion of the monitoring and approval by the Technical Evaluation Panel TEP Any interest earned by holding of a cash escrow shall be the property of the city f Within the Minnehaha Creek Watershed District 1 1 mitigation is required for excavation within wetlands Sec 20 417 Exemptions and no loss determinations a Activities exempted by Minnesota Rules 8420 0122 or determined to result in no net loss of wetlands shall be exempted from the provisions of this ordinance However certificates of exemption or no loss must be obtained from the city prior to starting work b A person conducting an activity in a wetland under an exemption shall ensure that 1 Appropriate erosion and sediment control measures are taken to prevent sediment discharges from the site 2 The activity does not block fish activity in a watercourse and 3 The activity is conducted in compliance with all other applicable federal state and local requirements including best management practices as listed in part 8420 0112 and waterresource protection requirements established under M S Ch 103H Sec 20 418 Variances Variances from the requirements of this ordinance may be granted in accordance with the variance provisions of Article II Division 3 of this chapter so long as the variances do not violate the Wetland Conservation Act and rules adopted under the Act Sec 20 419 Expiration and renewal of permit a Unless otherwise specified by the city council the permittee shall begin and complete the development authorized by the wetland alteration permit within one year after the date the council approves the permit application Page 13 of 14 205 b The permittee shall provide written notice to the city 24 hours prior to the commencement and completion of the permitted project No project shall be deemed to have been completed until approved by the city after receipt of notice of completion c If the permittee fails to commence work within the time specified in this section the permit shall be void The permittee may make a written application to the city council for an extension of the time to commence work but only if the permittee submits the application prior to the date already established to commence work The application of an extension shall state the reasons the permittee requires an extension If the council does not extend the permit the holder of the void permit may apply for a new permit Sec 20 420 Inspection of work The city may cause inspection of work for which a wetland alteration permit is issued at the applicant s expense to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work Sec 20 421 Enforcement procedures a Violation of this article wetland protection or of the terms of a permit issued thereunder shall be a misdemeanor b Any person who alters a wetland in violation of this article shall apply for a wetland alteration permit and shall pay a filing fee double the regular fee The city council may require the violator to restore the wetland or take other mitigative measures Page 14 of 14 206 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site VNIW ci chanhassen mn us 1 MEMORANDUM TO Todd Gerhardt City Manager Sharmeen AI Jaff Senior Planner t r May 14 2007 FROM DATE SUBJ Approval of Three Month Extension to Variance 05 10 9015 Lake Riley Boulevard Laura Cooper EXECUTIVE SUMMARY Request for a three month extension to Variance 05 10 for a 5 foot front yard setback variance 10 percent hard surface coverage variance and a 32 foot shoreland setback variance for the demolition and rebuilding of a single family home on a riparian lot zoned Single Family Residential RSF Section 20 57 of the Chanhassen City Code states A variance except a variance approved in conjunction with platting shall become void within one year following issuance unless substantial action has been taken by the petitioner in reliance thereon On May 8 2006 the City Council approved a one year extension to this variance Due to personal circumstances the applicant has been unable to begin work on the proposed demolition of the existing home and construction of a new home The applicant intends to begin actual construction in July 2007 ACTION REQUIRED City Council approval requires a simple majority of City Council present PLANNING COMMISSION SUMMARY On May 17 2005 the Chanhassen Planning Commission approved Variance 05 10 for a 5 foot front yard setback variance 10 percent hard surface coverage variance and a 32 foot shoreland setback variance for the demolition and rebuilding of a single family home on a riparian lot zoned Single Family Residential RSF with conditions 1 12 The Planning Commission voted 5 to 0 to approve the proposed variance RECOMMENDATION There have been no amendments to the City Code that would affect the conditions of approval of Variance 05 10 therefore staff is recommending approval of the applicant s request for a three month extension to Variance 05 10 The extension shall become void July 14 2007 unless substantial action has been taken by the petitioner in reliance thereon ATTACHMENTS 1 Letter from Applicant dated April 22 2006 2 Planning Commission Staff Report dated May 17 2006 3 May 17 2005 Planning Commission Minutes 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 g plan2005 planning cases05 1O sharratt varianceextension doc 207 Laura Cooper 9015 Lake Riley Blvd Chanhassen MN 55317 8650 Plarming Case 05 10 April 22 2007 RECEIVED APR 2 4 2007 CITY OF CHANHASSEN Ms Sharmeen Al Jaff 7700 Market Blvd PO Box 147 Chanhassen MN 55317 Sharmeen Iam sending this letter in follow up to a brief conversation Ihad with you earlier this month Im pretty sure you gave me another contact to direct this letter to but Iapologize Ican t find where I wrote her name down Due to extended changes in personal circumstances I am submitting this letter of request for an extension to the variance granted to meby the city last May Ibelieve that Iwill be making my first submittal for building permit through my brother Joseph A Cooper by the first week in May We have been working diligently to get our project to abiddable state and feel confident that we will be ready to break ground by the end ofJuly The reference on the variance letter dated May 23 2005 indicates the subject ofthe letter as Variance 9015 Lake Riley Boulevard Planning Case 05 10 Ihave attached a copy of the letter that formally notifies me that on May 17 2005 the Chanhassen Planning Commission approved the motion for variances as included in the letter Iam still intending to build a new home on the same lot but expect the project to be smaller than originally planned as Imust downsize to fit my modified budget Itis my expectation that the new construction will fit well within the existing variances granted including all setbacks and other stipulations With the intended building permit submittal will be the new drawings for the site including front and back elevations drawn on the survey as well as the other submittal requirements Iwish to reiterate that is my expectation that we will be within the previously approved variance stipulations The forecast at this point is that I will plan to start construction in July 2007 with an anticipated move in date of March 2008 Please let me know what else you might need ofme to extend this variance to cover the construction effort As always if you have any questions or concerns please do not hesitate to contact me at any ofthe following Home Email Work Email lakerileyjjmchsi com laura coopcr@carlson com Home Phone Work Phone Cell Phone 952 9346388 763 212 1619 612 3966388 in r 11 La Cooper 208 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 9522271100 Fax 9522271110 Building Inspections Phone 9522271180 Fax 9522271190 Engineering Phone 9522271160 Fax 9522271170 Finance Phone 9522271140 Fax 9522271110 Park Recreation Phone 9522271120 Fax 9522271110 Recreation Center 2310 Coulter Boulevard Phone 9522271400 Fax 9522271404 Planning Natural Resources Phone 9522271130 Fax 9522271110 Public Works 1591 Park Road Phone 9522271300 Fax 9522271310 Senior Center Phone 9522271125 Fax 9522271110 Web Site WVNIcLchanhassenmnus May 232005 Laura Cooper Tim Walker 9015 Lake Riley Boulevard ChanhassenMN 55317 Re Variance 9015 Lake Riley Boulevard Planning Case 0510 Dear Ms Cooper Mr Walker This letter is to formally notify you that on May 17 2005 the Chanhassen Planning Commission approved the following motion The Planning Commission approves Variance 0510for a 5footfront yard setback variance 10 percent hard surface coverage variance and a32foot shoreland setback variance for the demolition and rebuilding of a singlefamily home on a riparian lot zoned Single Family Residential RSF with the following conditions 1 Drainage swales are required to be graded in along each side of the house 2 Maximum side slopes greater than 3 1 are not allowed There is a slope along the northwest side of the proposed home that is greater than 3 1 Revise this slope to comply 3 The applicant mustbeawarethtanyretainiIlg w allover fourfeetinheight must be designed by aregistereclcivilellgineer and apermit Jrom the city building departmentrnuste obtained IiladditiJlienCrpachmentagreements will be required for any retaining wall within a pulic easement 4 Show the top and bottomwalle1evationsonthe survey 5 The applicantscontractrwillneedtoverifytheexistingsewerand water locations and submitrevised service tie cards upon connection 6 Grading shall be revisedto avoid intensive vegetation clearing withil1the shore impact zone 7 The applicant shall deternl˛ne whetheLpermits wiUbe requiredfrOlll the Riley Purgatory Bluff Creek atershtdpistrictandMinnesotairepartmentof Natural Resources for theprojectiIlcludingtheshorelineriprap Allnecessary permits shall be obtained and all cQnditionsof approval should be met 8 Type III silt fence shall be provided during demolition and during construction on the lake side Typelsilt fenceshallbe installed along the side property lines Silt fence shall beremovedwhenthe construction is complete and the site has been revegetated The City oj 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 209 Laura Cooper Tim Walker May 23 2005 Page 2 9 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 Time Type of Slope maximum time an area can remain unvcgetated when area is not actively bei worked Steeper than 3 1 7 Days 101 to 31 14 Days Flatter than 10 1 21 Days 10 Tree protection fencing shall be installed around all trees to be preserved on site prior to any construction activity 11 A minimum of one tree shall be planted in the front yard setback area 12 The areas beneath decks must either be sodded or landscaped with mulch or rock with a fabric liner If you have any questions please contact me at 952227 1132 or by email at metzer@cichanhassenmnus Sincerely Planner I gplan2005planning cases051Osharratt varianceletter of approvaldoc 210 PC DATE May17 2005 1CITYOFCHANHASSENREVIEWDEADLINE71105 CASE 05 10 BY JM LH MS JS STAFF REPORT PROPOSAL Request for a 5 footfront yard setback variance 10 percent hardsurface coverage variance 26 0 coverage anda 32 foot shoreland setback variance 43footsetback for the demolition and rebuilding ofa single family home on a riparian lotzonedSingleFamilyResidentialRSF All proposed setbacks aremeasuredfrom the eaves ofthe structure LOCATION 9015LakeRiley BoulevardChanhassenMN55317 APPLICANT SharrattDesign Laura Cooper TimWalker 464Second Street 9015Lake RileyBoulevard Excelsior MN 55331 Chanhassen MN 55317 PRESENTZONING Single Family Residential RSF 2020LAND USE PLAN Residential LowDensity Net Density Range1 2 4u Acre ACREAGE 0 29acre DENSITY NASITEDATASUMMARYOFREQUEST The applicant isproposing todemolish an existing legal nonconformingsinglefamilyhomebuiltonalegalnonconforminglotofrecordandbuildanewsinglefamilyhomeThe proposedsingle familyhome willrequire hard surface coverage andshorelandsetback variances because the existing nonconformities wouldbe intensified Staff isrecommending approval ofthis request Noticeofthis publichearing hasbeen mailed toall propertyowners within 500feet LEVELOF CITY DISCRETION IN DECISION MAKING The City s discretion in approving ordenying avariance is limitedtowhether ornot the proposed project meetsthe standards in the Zoning Ordinancefor a variance The City hasarelatively highlevelofdiscretionwithavariancebecausetheapplicantisseekingadeviationfromestablished standards This isa quasi judicial decision 211 Planning Case 05 10 Sharratt Variance May 17 2005 Page 2 PLANNING COMMISSIONUPDATE Thisapplication firstappearedbeforethe Chanhassen Planning Commission onMarch 15 2005 The proposed design ofthe new house atthe time ofthatsubmittal was drastically different from the current proposal The applicanthadoriginally proposed tosubstantially increase the existing hard surfacecoveragefrom264to327Theoriginalproposalalsocalledforareductionintheshoreland setback from 36 feet to33 7 feet The amountofhard cover encroachment on the shoreland setbackwas alsosignificantlyincreased from theexisting encroachment Planning Commissionchose totable this application andadvised the applicant toredesign the proposed home andsubmitnewplans ata later date SUMMARY OF PROPOSAL The subject propertyis located south ofLyman Boulevard on Lake RileyBoulevard andis zoned Single FamilyResidential RSF The applicant is requesting a 5 foot front yard setbackvariance a 10 percenthardsurfacecoveragevariancefromthe25maximumhardsurfacecoveragepermittedintheRSFdistrict and a 32 footshoreland setbackvariance from the required75 footminimum shoreland setback APPLICABLE REGUATIONS Sec 20 72 Nonconforminguses and structures a There shall be no expansion intensification replacement structural change orrelocation ofanynonconforminguseornonconformingstructureexcepttolessenoreliminatethenonconformity b Notwithstanding anyotherprovisions ofthis chapter anydetached single family dwellingthat isonanonconforminglotorthatisanonconforminguseorstructuremaybealteredorexpanded provided however thatthe nonconformity may not be increased If a setbackofa dwelling is nonconforming no additions may be added tothe nonconforming side ofthe buildingunless the addition meets setback requirements e Maintenance and repair ofnonconformingstructures ispermitted Removalordestructionofanonconformingstructuretotheextentofmorethan50percentofitsestimatedvalueexcluding land value and as determined bythe city shallterminate the right tocontinue the nonconforming structure Sec 20 481 Placement design and height ofstructure a Placementofstructures on lots When morethan one 1 setback appliestoa site structures and facilities shall be located tomeet all setbacks Structuresand onsite sewagetreatment systems shall be setback in feet from the ordinaryhigh water levelas follows StructuresClassesofPublicWatersSewered Lakes Recreational development 75 212 Planning Case 05 10 Sharratt Variance May 17 2005 Page 3 Sec 20 615 Lot requirements andsetbacks RSF 5 The maximum lotcoverage for all structures and paved surfaces is 25 percent BACKGROUND The subjectpropertyis locatedjustsouthofLyman Boulevard onLake RileyBoulevardin the Shoreland Management District on the northwestern shore ofLake Riley The site is zoned Single Family Residential RSF LakeRileyisa Recreational DevelopmentLake The minimumlot areafor asewered riparian loton arecreational developmentlakeis 20 000 square feet Thesubject property is a nonconforminglotofrecordwith alotarea of12 936square feet However the lotdoes meet theminimumdepthandwidthrequirementswithanaveragedepthof127519635feetofstreetfrontage and 101 18 feet of lakefrontage The topography ofthesite isrelativelyflatandslopesvery gradually from ahigh elevation of 8737 atthe southwesternfront property corner toa lowelevation of865 3 atthe OHWlevel Note Personinpicture isstanding atthelakeshore Note Picture illustratesthedistancefrom theexistingdecktothelakeshore 213 Planning Case 05 10 Sharratt Variance May 17 2005 Page 4 Staff reviewed city records todetermine iffront yard setback shoreland setbackandhard surface coverage variances had beengrantedwithin 500feetof the subject property andalsoproperties along LakeRileyBoulevard which lie outsideofthe500 foot radius This review turnedup the following cases Variance ShorelandFileAddressVarianceSetbackNumber 9235Lake 25 footshoreline19861 setback variance 50 ftRileyBlvd 14 footfront yard 7 footrear yard 4 5891Setbacks foot westsideyard 10 footeast sideyard 98 12 January 12 1999 Singlefamily home 12 515 sqftlot area variance 12 5 foot lotwidth variance 51 footlotwidth9247Lake1989110footfrontyardvariancelakeaccesssetbackvariance 57 ftRileyBlvd1998123footsideyard4footshorelandsetbackvariancesetback variance 13 foot front yardJune281999Singlefamilyhome 7 footshorelandsetbackvariance setbackvariance 9231 Lake 27 7 ft6footsideyard198913setbackvarianceRileyBlvd 1035 foot shoreland9051Lake setback variance for theconstruction19907 64 65 feetRileyBlvdofanewhome 9203Lake 2 5 footside yard199116 setback variance 80 ftRileyBlvd 9221Lake 14footfront yard65GaragesetbackssetbackvarianceRileyBlvd19922 28 ftfootsideyard7hardsurfacecoveragesetback 9021 Lake 36 foot shorelandsetback variance for the construction of19929 39 feetRileyBlvdadeck 9footshoreland7 9 footfront9243LakeAdditionsetbacksvariance19938 66 ftyardRileyBlvdvariance 3 footeast sideyard5 foot west sideSetbacksvariance9225Lakeyard33footshorelandhard19969variancevariance25 42 ftRileyBlvdsurfacecoveragevariance 9223Lake 7 footrear yard1997119711setbacks variance 68 ftRileyBlvd 361 Deerfoot 1 6 footfront yard19973Decksetbacks variance N ATrail 9217Lake 7foot frontyard19986Additionsetbacks variance 115ftRileyBlvd 9249Lake 18 footshoreland199914 setback variance 57 ftRileyBlvd 214 Planning Case 05 10 Sharratt Variance May 17 2005 Page 5 Variance ShorelandAddressFileVarianceSetbackNumber 6 6footsideyard5footsideyardsetbackvariance9221Lake18footshoreland200307setbackvariancesetbackvariancefor 57 ftRileyBlvdconstructionofanewhome 9203Lake 7 footsideyard200312 setbackvariancefor ahome additionN ARileyBlvd Items inbold italics arewithin 500 feet ofthesubject property 215 Planning Case 05 10 Sharratt Variance May 17 2005 Page 6 ANALYSIS Original Proposal NewProposal The siteis zoned Residential Single Family RSF Given a30 foot front yard setback 10 footside yard setbacks and a 75 foot shoreland setback there is a buildable area ofapproximately2045 squarefeet 216 Planning Case 05 10 Sharratt Variance May 17 2005 Page 7 on the subjectlot Areasonable useis defined asthe usemadebya majority ofcomparableproperty within500feet Areasonable useofthis property asingle familyhome with a two car garage already exists However staff wouldsupport a variance toallow the applicant todemolish the existinghome fortheconstructionofanewhomewhichwouldreducetheexistingnonconforminghardsurfacecoverageand shoreland setback Shoreland The shoreland setback is measured fromthe Ordinary HighWater OHW levelof LakeRileywhich is 8653 The applicantis proposing todemolish an existing legalnon conforming singlefamily homeon a riparianlot The existing home which was builtin 1978 hasanon conforming shoreland setbackof36 feetfrom theOHW The applicant is planning toreduce the existing nonconformitybyincreasing the shoreland setback from36 feetto43 feetfrom the OHW The proposed structure will reduce the hardsurfacesquarefootageencroachingontheshorelandsetbackfrom1350squarefeetoftheexistingstructure to1 315 for theproposed structure Hard Surface Coverage The subject propertyhasan existing legal non conforming hard surface coverage of26 4 The applicantis proposing toremove allexisting hard surface and rebuild with a hard surface coverage of260thusreducingthehardsurfacecoverasitexiststodayThisisamajorimprovementfromthe originalproposal which hadahard surface percentage of32 7 The applicant achievedthis reduction byaltering the design from aone story walkoutwith a two level four stall garagetoatwo story walkout with a one levelthree stall garage The newgarage design andplacement greatly reducedthe proposed driveway area ChanhassenCityCode does not consider wooden decks hard surfaceas long as thereis no hardsurface beneaththe decks Because ofthis the applicant has agreed toeithersodorplacelandscaping mulchor 217 Planning Case 05 10 Sharratt Variance May 17 2005 Page 8 rockwith a fabric linerbeneath the deck areas Proposed hard surface coverage for thesubject site is calculated as follows Proposed House Stoop 2 547sq ft Proposed Driveway 818sq ftProposedStoop0sqft Proposed Patio 0 sq ft Proposed Retaining Wall 0 sq ft TotalHard Cover 3 365sq ft Lot Area 12 936sq ft Hard Surface Coverage 26 0 Front YardSetback Chanhassen City Code requiresminimum front yardsetbacks of30feetin theSingle Family Residential District RSF The applicant is requestinga 5footfront yard setback variance The encroachment intothe frontyard setbackwould be 625 square feet ofgaragearea cornerofgarage Theexisting frontyardsetbackis365feetmakingtheproposedfrontyardsetbackvarianceanewdeviationfromordinance There have beenfive front yard setbackvariances granted inthis neighborhood since 1992 The Planned UnitDevelopment ofSunnySlopelocated on the westside ofLake Riley Boulevards southend has minimum frontyard setbacks of20 feet Staff conducted a fieldsurvey ofexistingfront yard setbacks on Lake Riley Boulevard The fieldsurvey was necessary because many ofthe older homes on Lake RileyBoulevarddonothaveregisteredlandsurveysThefieldsurveyrevealedthatasmanyas12ofthe26 homes on Lake Riley Boulevard appear tobe setbackless than therequired 30feet from theright of way The ChanhassenCityCode states Reasonableuseincludes ause made bya majority ofcomparableproperty within 500 feet ofit Theintentofthisprovisionisnottoallowaproliferationofvariancesbuttorecognizethattherearepre existing standards in this neighborhood Variances thatblendwiththese pre existing standardswithout departing downward from themmeetthese criteria This evidence of existing non conforming frontyard setbacks suggests the current proposalis consistentwithpreexistingneighborhoodcharacteristicsanddoesnotdepartdownwardfromthem Lakes The proposed project iswithin 1000feetof the ordinaryhigh water level OHW ofLake Rileyandis therefore within the lakes shoreland district Lake Rileyis classified asarecreationaldevelopment lake bythe Minnesota DepartmentofNatural Resources DNR The minimumlotsize is20 000 square feet and the minimum lotwidth is 90 feet Thestructuresetback requirementis 75 feetfrom the Ordinary High Water OHW level 8653 MSL The existing house anddeck areset back 36 feetfrom theOHWtheproposedsetbackis43feet Intensive vegetationclearing is not allowed within the shore impact zone the land between the OHW 218 Planning Case 05 10 Sharratt Variance May 17 2005 Page 9 and aline parallelto itata setback of50percent ofthe structuresetback 375 feetin this case The current planproposes gradingthe width ofthe property within 20 feetofthe OHW Gradingshould be revisedtoavoid intensive vegetationclearing within the shore impactzone The applicant mustdetermine whether permits willbe required fromthe RileyPurgatory Bluff CreekWatershedDistrictandMinnesotaDepartmentofNaturalResourcesfortheprojectincludingtheshoreline riprap All necessary permitsshould be obtained and all conditionsofapproval should be met GRADING DRAINAGEAND EROSIONCONTROL ImperviousSurface Coverage The amountofimpervious surfaceonanysite profoundlyaffects the physicaland biological characteristics ofthe site and areasdownstream This isonereason the City regulatesimpervious surfacecoverage Generally increasing the amount ofimpervious surface a Increasesthe temperature ofwaterflowing intodownstream water resources b Preventssurface water from infiltratingintothe ground c Increases the velocity ofrunoffwater d Increases the likelihood offloodingeIncreasestheareauponwhichpollutants cansettle and f Increases the potential for erosion especially in sensitive shorelineareas Chanhassen City Code Section20 485states that Impervious surface coverage oflotsshall not exceed 25 ofthe lotarea Thecurrent impervioussurface coverage ofthislotis 26 4 the proposed260impervioussurfacecoverageisincludingretainingwalls Erosion Control TypeIIIsiltfenceon the lake sidemustbe provided duringdemolition andduring construction TypeIsiltfenceshallbeinstalledalongthesidepropertylinesSiltfenceshallberemovedwhenthe construction iscomplete and the site hasbeen revegetated Erosion control blanketshall be installed on all slopesgreater than or equal to3 1 All exposedsoil areas shallhave temporary erosion protection orpermanent cover yearround according tothe followingtableofslopesandtimeframes Time maximum timeanareacanremainunvegetatedTypeofSlopewhenareaisnotactivelybeingworked Steeper than 31 7Days 10 1 to 3 1 14 Days Flatterthan 10 1 21 Days 219 Planning Case 05 10 Sharratt Variance May 17 2005 Page 10 COMPLIANCETABLE Hard Surface Shoreland Front Yard Side YardLotAreaCoverageSetbackSetbackSetbacks Ordinance 20 000 25 75 feet 30 feet 10 feet Existing 12 936 26 4 36 feet 36 5 feet 23 5 16 feet Proposed 12 936 26 0 43 feet 25 feet 16 16 feet Neighborhood Characteristic The existing home was builtin 1978makingit10 15 years outdated fromneighboring homes The new design proposal iscomparable tothat ofneighboringstructures Thecharacteristics ofthesubjectpropertyareuniquefromthatofneighboringpropertiesinthatithasamuchsmallerlotsize 9015 Lake RileyBoulevard 12 936 square feetsubjectproperty 9005Lake RileyBoulevard 16 552 square feet 220 9021 Lake RileyBoulevard 20 473squarefeet 9051 Lake RileyBoulevard19166squarefeet This hasmade itdifficult for the applicanttofinda design thatis consistent with the neighborhood while atthe sametime appeasing the City 221 Planning Case 05 10 Sharratt Variance May 17 2005 Page 12 Chanhassen CityCode states There shall be no expansion intensification replacement structural change orrelocation ofanynonconforming use ornonconformingstructure except to lessen or eliminate the nonconformity Theapplicant hasworked very hard tofinda designthatreduced the previous proposals intensification ofnon conformities The newdesignproposal goes beyond that by actually reducing non conformities thatexisttoday Inlightofthe evidence and facts discussed in thestaffreportwearerecommendingapprovalofthisvariancerequest FINDINGS The BoardofAdjustments andAppealsshallnot recommend andthe City Council shallnot grantavarianceunlesstheyfindthefollowingfacts a That theliteral enforcement ofthis chapter wouldcause an undue hardship Undue hardship means that the property cannot beput toreasonable use becauseofits size physical surroundings shape or topography Reasonable useincludes a usemade bya majority ofcomparableproperty within 500feetofitTheintentofthisprovisionisnottoallowaproliferationofvariancesbuttorecognize thatthere are pre existingstandards in this neighborhood Variances thatblend with these pre existing standards without departing downwardfrom themmeetthese criteria Finding The literal enforcement ofthischapter does cause an undue hardship Having asubstandardsizelotthatissignificantlysmallerthanneighboringpropertieshasmadeitdifficultfor the applicanttodesign a homethat isconsistent with neighborhoodcharacteristics while meeting ordinance requirements b Theconditions upon which a petition for a varianceis based arenotapplicable generally tootherpropertywithinthesamezoningclassification Finding Theconditions uponwhichthis varianceis based are applicable toall properties thatlie within both the Single Family Residentialand Shoreland ManagementDistricts c The purpose ofthevariation isnot basedupona desire toincrease the value or income potential of theparcel ofland Finding The proposed development willincrease the value ofthe property however staff does not believe that is the sole purpose ofthe request d The alleged difficultyorhardship is not a self created hardship Finding The subject property hasa substandard lotsize significantly smallerthan that of neighboring properties making itdifficult todesign ahome thatis consistent withneighborhoodcharacteristicswhilemeetingordinancerequirementsThereforethehardshipisduetothelotsize and isnot self created e Thegranting ofthevariance will not be detrimental tothe public welfareorinjurious tootherland orimprovements in theneighborhood inwhich theparcel islocated 222 Planning Case 05 10 Sharratt Variance May 17 2005 Page 13 Finding The variancewill be less detrimental tothe publicwelfareor less injurious tootherland orimprovements in theneighborhood inwhich the parcel islocatedthan existing conditions The proposed house lessens both the shoreland setback and hard surface coverage nonconformities thus reducingthe impacton Lake Riley and surroundingproperties f The proposedvariation will not impair an adequate supply oflight and airtoadjacent property or substantially increasethe congestion ofthepublic streets or increase thedanger offire or endanger the publicsafetyor substantially diminish or impair property valueswithin theneighborhood Finding Theproposed variationwill not impair anadequate supplyof lightandair toadjacentpropertyorsubstantiallyincreasethecongestionofthepublicstreetsorincreasethedangeroffire orendanger the publicsafety orsubstantially diminish orimpair propertyvalues withinthe neighborhood RECOMMENDATION Staffrecommendsthatthe PlanningCommissionadopt the following motion The Planning Commissionapproves Variance 05 10 for a5 foot frontyard setback variance 1 0 percent hardsurface coverage variance 26 0 coverage and a 32 footshoreland setbackvariance 43 foot setback for the demolition and rebuilding of asingle familyhome on ariparian lotzoned Single Family Residential RSF with the followingconditions 1 Drainage swales arerequiredtobe graded in alongeach sideofthe house 2 Maximumside slopesgreater than 3 1 are not allowed There isa slopealong the northwest sideof the proposedhome thatis greaterthan 3 1 Revisethis slope tocomply 3 Theapplicant must be aware thatanyretaining wall overfour feetin heightmust bedesigned bya registered civilengineer anda permit from the city buildingdepartment must beobtained In addition encroachmentagreements willbe requiredforanyretaining wall within a publiceasement 4 Show thetop and bottom wall elevations on the survey 5 The applicant s contractorwill need toverify the existing sewerandwaterlocations andsubmit revised service tiecardsupon connection 6 Grading shallbe revisedtoavoid intensivevegetation clearing within the shore impactzone 7 The applicant shall determine whether permits willbe required fromthe Riley Purgatory Bluff Creek Watershed Districtand Minnesota DepartmentofNaturalResources for the project including the shoreline riprap All necessary permits shall be obtained andall conditions ofapproval shouldbe met 8 TypeIIIsiltfence shall be provided during demolition andduring construction on the lakeside TypeIsiltfence shallbe installed alongthe sideproperty lines Silt fence shallbe removed when the construction is complete and the site hasbeen revegetated 223 Planning Case 05 10 Sharratt Variance May 17 2005 Page 14 9 Erosion control blanketshall be installedon allslopes greater than orequal to3 1 All exposed soil areasshallhave temporary erosion protection or permanent coveryear round accordingtothe following table of slopes andtime frames Time maximum timeanareacanremainunvegetatedTypeofSlopewhenareaisnotactivelybeingworked Steeper than3 1 7 Days 10 1 to3 1 14 Days Flatterthan10 1 21 Days 10 Treeprotection fencingshallbeinstalled around alltreestobepreserved onsite priorto any construction activity 11 Aminimum ofonetree shall be planted in the frontyard setbackarea 12 The areasbeneath decks must either be sodded or landscapedwith mulch orrock with a fabric liner ATTACHMENTS 1 Findings ofFact 2 Development ReviewApplication 3 Letter from SharrattDesign dated February 11 2005 Revised February 25 2005 Revised May 2 2005 4 Letterfrom Joan Ludwig 9005Lake RileyBoulevard Chanhassen MN 5 Lot Survey ofexisting conditions stamped ReceivedMay 2 20056LotSurveyofproposedconditionsstampedReceivedMay62005 7 Building Plans 8 Planning Commission Minutes dated March 15 2005 g plan 2005planning cases0510sharratt variance staff reportdoc 224 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND ACTION INRE Application of Sharratt Design for variances from hard surface coverage shoreland setback and front yard setback restrictions for a new house Planning Case No 0510 On May 172005 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Sharratt Design for a 5 foot front yard setback variance 10 percent hard surface coverage variance 260coverage and a 32 foot shoreland setback variance 43 foot setback for the demolition and rebuilding of a singlefamily home on a riparian lot zoned Single Family Residential RSF The Planning Commission conducted a public hearing on the proposed variance that 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 Single Family Residential RSF 2 The property is guided by the Land Use Plan for Residential Low Density Net Density Range 12 4uAcre 3 The legal description of the property is That part of Government Lot 3 Section 24 Township 116 Range 023 4 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 Literal enforcement of this chapter would cause undue hardship b The conditions upon which this variance is based are applicable generally to other properties in the Single Family Residential and Shoreland Management districts c The construction of a new home will increase the value of the property d The alleged difficulty or hardship is not a selfcreated hardship e The granting of the variance will be less detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located than existing conditions f The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or 225 increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood 5 The planning report 0510Variance dated May 172005 prepared by Josh Metzer et al is incorporated herein ACTION The Chanhassen Planning Commission approves the variances from hard surface coverage shoreland setback and front yard setback restrictions for anew house ADOPTED by the Chanhassen Planning Commission on this 17t1J day of May 2005 CHANHASSEN PLANNING COMMISSION BY Planning Commission Chairperson gplan2005planning cases0510sharratt variancefindings offactdoc 226 UlUU llZ tA¯ZZZlllU 11Y Ut tlA1tlAJ uuu 0 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSENMN55317 952 2271100 CITY OF CHANHASSENRECEIVED FES 11 2005 DEVELOPMENT REVIEW APPLICATION CHANHASSEN PLANNING DEPr APPLlCANTantft5 CO OWNER LAU V Op ADDRESS t SIJn t 5k 100 ADDRESS j015 tu f11t 5v E J MN 5S33 chWttS MN 55317 TELEPHONE Day Time CJ 5 2 L70 17 SO TELEPHONE c 52 934 388 Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of RightofWayEasements Interim Use Permit X Variance Nonconforming Use Permit Wetland Alteration Permit Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign X Escrow for Filing FeesAttorney Cost Site Plan Review 50 CUPSPRNACNARlWAPMetes Bounds 400 Minor SUB Subdivision TOTAL FEE Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be Included with the application OR the City can provide this list Carver County properties only for an additional fee to be invoiced to the applicant If you would like the City to provide mailing labels check this box 0 Building material samples must be submitted with site plan reviews Twentysix26 fuJIsize folded copies of the plans must be submitted including an B X 11 reduced copy for each plan sheet Escrow will be required for other alpplications through the development contract NOTE When multiple applications are processed the appropriate fee shall be charged for each application SCANNED 227 Uly q rAA llllV 11i VI LJnlHnUUl PROJECT NAME LOCA nON QOJ5 Su 1 Ju fc`J I IvJ Jt0dhi A lJ4l1 htZ sSU AN LGALDESCRIPTION WETLANDS PRESENT PRESENT ZONING Z I CI s f YES TOTAL ACREAGE NO RsF REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR REQUEST PJA Set tdttl dv1 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 shaH be made within 15 business days of application submittal A written notice of application deficiencies shan 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 1 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 OwnersDuplicate 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 fess 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 ignature of Applicant j IWA f`fh JjSignatureofFeeOwner7 2 II ˙S Date 2 II oS Date Application Received on Fee Paid Receipt No The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the meeting If not contacted a copy of the report will be mailed to the applicants address GplanfOffilsDevelopmentReview ApplkationDOC 228 des I company ilrv OF eHANHASSENRECeiVED February 11 2005 Revised February 25 2005 Revised May 22005 MAY 0 3 2005 CHANIIASS EN PLANNING DEPT RE 9015 Lake Riley Blvd Chanhassen MN 55317 PID 250240300 Laura Cooper and Tim Walker are requesting a variance for the lakeside setback front yard setback and lot coverage for the above named property The lot in question is a legal lot of record that is 2054 square feet smaller than the current lot size requirement for this zoning district in the City of Chanhassen The existing home on the property is 34 feet from the lakeshore at elevation 8647 and lot coverage is 264 The owners are proposing to improve the existing lake setback as well as provide a small improvement of the lot coverage To provide a feasible building site for the new home they are requesting the front yard setback variance in order to reduce the lot coverage and encroachment upon the lake The proposed lakeside setback is variable never going closer than the current nonconforming distance and further in others to balance the rear of the house The closest corner of the house is 48 feet from the lake the closest corner of the wood deck is 43 feet The owners are requesting a lot coverage variance of 13 This reduces the current non conforming lot coverage by 01 Finally the owners are requesting a front yard setback variance of 5 feet from a 30 foot setback at its closest point to a 25 foot setback for one small corner of the garage The owners respectfully request consideration of the following A The literal enforcement of the zoning requirements provide a building pad of only 23 in depth street setback to lake setback a size that is not only unreasonable for a home today but fundamentally out of character with the neighborhood In addition the buildable area results in a trapezoidal shape exacerbating the difficulty of rectangular geometry for reasonable cost effective construction The new design fully utilizes the available building area and requests an improvement over the existing non conformities The owners are requesting the variances to make reasonable use of the property with a home that is an improvement for the neighborhood the city and the health and wellbeing of the homeowners B The uniqueness of this lot is that it is significantly smaller than 77 of all the lots on Lake Riley Blvd it is only one of six out of twenty seven that are 650 or more square feet less than the required 15000 square feet All 229 des I company tt of the other lots this size or smaller are either around the point or at the end of the point making the Cooper lot the only lot this significantly smaller within the first sixteen lots on this street C The owners are putting considerable time and effort into providing a design that is suited to the neighborhood their needs and the current zoning requirements of the City of Chanhassen They intend to stay in this home permanently and are therefore looking at a long term design solution for every stage of their lives and those of their family and friends not an increase in property value D The lot in question was a legal lot of record when purchased by the owners with the current nonconforming home on it The owners have not created this hardship as the lot has always been smaller than the majority of the other lots in the neighborhood E The owners are taking particular care to insure that the new home design is in keeping with the character of the neighborhood and does not encroach upon the neighbors Additionally they will be taking steps above and beyond the current requirements for drainage to mitigate the run off of surface water from their property F The new home will in no way impair an adequate supply of light and air to adjacent properties or increase any congestion or danger On behalf of the owners we thank you for your time and consideration of this request 230 MAY 92005 L55PM CARLSON MARKETING NO 7021 P 2 Joan Ludwig 9005 Lake Riley Blvd Chanhassen MN 55317 CITY OF CHANHASSEN RECEIVED MAY 0 9 2005 CHANHASSEN PLANNING DEPT May 3 2005 To The Chanhassen City Planning Commission My neighbor Laura Cooper has reviewed her plans for upgrading her home with me I am comfortable with the plans If you have any questions please contact me at 9529468739 Sincerely can Ludwig 231 occcr cOQQQSotqGjgg c rC Vj r23 g8 i oicoIIlJ0lJCIj II lJ00 0 01 U I 0I i co 0 X d oiCOCOX II EtJJi1˙tiJbljQlE Ilr 1irIeIT IE 0 I 9 z Q W Lr III j a J J N Co z rill 2 oi z co C Z co rill 5 X 00ill Z arr III o łEzg paAOWaJ aq 01 bUllaMp UlSjX3 rco rro co r I co J 0h ttJ9Ł rflQ ` NHalla GuJts c Œj 0f 6utiIQ E łM rjz 0 N0 tI VooNN2 u 8 g Lo18BISaMSZ MPooi ˘ g8fz 9 to to V Sb I I v 56 v In 0 u 0 00 0 o oEo8N vuo O 5 0 0 0 V t 0 B l 13 M toQ6Ruetl˘8oeNOu 00 kVk o5 oS CIS f q VI v CJ 0 0 CQ z 0 0 Q VI g 8 1 5 4j 8 g g 8 08 8 gfı 13zo8vtgOg ı S6b8JttrsJ3tcI 2t oOoep 1480 oOo ZoZoooooBo oJo9UsO8zgggıoi N g 11 g 3 H B ºf9 oS c souoggo 9 gggdo3ooZ8sgogtl5 J tJ 4J J3 C 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JtI0fi1rpPOJtlOuJ ffiUI ElOJNVJO EStOLDmUSNOOrmQN30avES R ES lJWLINOJSW ES 3LVJill˘ESMLID lNiIJD ES JD3ID I l I gRSS ngpJ1 tbJroCJ j Q 2 f lJ j d If 10opo0 Ii I0tl I It Il 1 1i 1 I II I I I I i i 1 IIIJ1IIII i j i ii II i iIHlJi11 0 i 1 n iI 1 1 1 ˛ i q I I r j i L L ii to I I I I I J I ro I r I I I I G L Jd f II t It i A l J I II I Y 1 r i 1 i 1 11 I II i II I I i 1 Trr Il lu iil I i I I h hi il 71 r 1 I 1 100 I II I II I d I I 1 I I I I I 11 I I L ll I i I i I I I r i 11 1 r 1 I I I 1 1 i 1 il I 1 1 tQ 11 I I E r 1 I 1 L i al I i I r t1 L Ii I 1 I 11I P i I il 1r I rj I f 1 I II 1 I i L II i I IIiiI I Il11iCfr jlj1I I ill to fU g0 z Xw Zz5 XW00 z uW ill ocr r 0 zr0 i1 IIIII IIiIIII I I I IIIII I II if I I d1 i I Ill I81II I I I IwI4II I 1 I II I jIIIIII 235 0rPooUr 2I crno J3S NOlDfi1lISNX o IIfiONRUavJ3S rugJ3SlIIffi3dNOISLIffiI J3S aLVIlIS1J3SDNJillIIIM3IAIDIJMITDJ3S03ID orJJrJJ I I I II iI I I I 1 f I I j I L ˜ j ˛ di 1 i I t f i J J lL iJ t ˘ m I 1 r I li I j I I 1 iI I f III1IJII1JfJiTII11IIIIII1IIIIl II I It i l I Ill II II II I r JIHHjij 4Cbrotliild II1II Ł I C012iYjitiiti4ij1 J 4YiI l8iI iI4 3 U 9 i i j iijIII f J 236 p Ii1 ErnlONVD RR g p I3S NOlDflRlSNffi i11 0 0 YillillaoavJ3Sij g j Lo sll˝nld i Pt Z NOISWI 1 P J3SHLVJlliS3 OP I L J3S—NillIIDi O MThID lNIDD d J3S J1D C m Ut U Q ggj r IIcz fI itt 1 4 It II PJIfZ nl 9 i NJJf 237 EmlO38NVlD U g 0 g l3SNOIIlHdLSNOO H U YillGNRoav iij 0 IBS S IBSIII1IHd 8 p NOISWn O I Ci llISlLV1IS3 oo 1 IBS IIl33W O ARW1I JNiIlD IrI 13S Ur U g1 U ID d r d J 1 11 1 IiIIIIIII 1ijtjliL I t i J J I iIrI F tI IIIIIIIIII II i IIII I I I I I I I I I I iI I iI I i 238 GffilG aNVlD U p l3S NOlDmUNCD RR t lifGN3oav II 0 ggj g 13S ma g pj 0 x 13S1lIII3d I NOISWl1l j Q 13SaIVJIISa p i J1I 13S—NlliI3I1AillW1 lN3lD 8 13SIID rI U C UJ U gQ i r J d U If Z t P 1 0 J I IIIIJ14rII CZ 1 IIII i IIIII111I I I IIJ11I QjT 239 Planning Commission Meeting March 152005 3 All outstanding permits that have been obtained for improvements to the property must receive final inspection approval prior to occupancy of the additional unit 4 The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code 5 Rental licenses must be obtained in accordance with Chanhassen City Code 6 The applicantproperty owner must obtain permits for accessory structures constructed without the required permits 7 The variance shall expire upon the sale of the property by the Carlson family All voted in favor except Lillehaug who opposed and the motion carried with a vote of 5 to 1 Sacchet The motion carries 5 to 1 which is enough for it to carry right Sharrneen and Jason AlJaff Thats correct Sacchet So this does is considered approved unless somebody complains about it to the City Council If it has to go to City Council it can go to City Council on the 11 th of April according to staff report so I wish you luck with this and thanks for coming in It was nice to meet Molly Slagle Thank you Mr Carlson PUBLIC HEARING REQUEST FOR V ARlANCES TO LAKESHORE SETBACK AND LOT COVERAGE ON PROPERTY LOCATED AT 9015 LAKE RILEY BOULEVARD APPLICANT SHARRATT DESIGN COMPANY PLANNING CASE 0510 Public Present Name Address Michael ShalTatt Lissa Tenuta Tim WalkerLaura Cooper 464 2nd Street Suite 100 Excelsior 464 2nd Street Suite 100 Excelsior 9015 Lake Riley Boulevard Josh Metzer presented the staff report on this item Sacchet Thanks Jason Any questions McDonald I had some questions for staff On that sentence where you say that you would support the variance to allow the applicant to maintain at that point what kind of a home are they 48 240 Planning Commission Meeting March 15 2005 building This is where you get me confused a little bit Is that within the almond colored area On your map on page 6 Weve got kind of an almond colored area Sacchet Thats the buildable area right McDonald Yeah what is that Okay thats the buildable area And then that would go back to where the CUlTent back of the house is at Is that Metzer Right where the same footprint is which encroaches on the shoreline setback Because once they demolish the home they lose their nonconformingstatus McDonald Okay so what youre recommending is that in order to allow them to better utilize the property they could go ahead and keep their setback but the buildable area is as defined and right now the current house does not meet that Metzer Right McDonald Okay Sacchet Jerry basically all the houses in that neighbor have problems with setback Side setback Front yard setback Lakeshore setback and basically everybody who does something in that neighborhood has to come up here For variances and then as you can see the list that staff gave us theres a lot of variances in that area And what were trying to do is that we have some mitigating factors And Im not sure whether the current plan has some does it mitigate Does it lower any of things nonconformances It intensifies all the nonconformances okay Thats one of the problems Any other questions Slagle Ive got a couple Looking at this sheet that you were kind enough to provide I am trying to understand and I dontknow Sharmeen if you want to put it up there But where is a variance File 19969relating to a 33 foot shoreland variance What lot is that or what Do you know what Im saying AlJaff Would you call out that Slagle Its 9225 Lake Riley Boulevard Metzer It should be the one that says 7262 I believe Slagle 7262 Sacchet The one right next to it Metzer The one that she handed out is from another Slagle I understand yep 49 241 Planning Commission Meeting March 152005 Metzer The map youre looking at is south of where we where this southern property is located Sacchet Oh thats not okay Subject is okay Thats not the same thing AlJaff It is located right here in relationship to the subject property Slagle Yeah And just for the fellow commissioners the reason Im asking is its the only one I see on 9 or 10 other homesites on this side of the lake that has anything close to a request for a variance from a shoreland that this applicant is asking for And if I understand getting back to my question am I correct that right now they are 36 feet from the overall okay And they want to move it to 337 with the new home Metzer Correct but the area if you see here Slagle Show me where 337 is Metzer 337 is this deck footing here Slagle So its a comer of the deck okay Metzer Right I have outlined the existing home in black here The 373 or 36 actually is here And theyre proposing this but this Slagle Im with you Let me ask this question then of staff and I dont know if it would have been fair to ask the City Engineer but I mean when they came to you with this plan I mean was there a question asked back to them why arent you moving it closer to the street Metzer It was not asked McDonald Can I follow up Richs question because he brings up a point about the 33 feet The topography of that area is such that where the subject site is at it is flat and right on the lake but then directly below that or directly south the land begins to rise This particular one at 9225 what is the site on that And what Im getting at is I noticed the house next door again it is at a higher elevation so at that point I wouldntworry so much about the setback versus this one where the setback is on flat property That becomes to me a bigger problem What was the propeltyat 9225 like because I didnt go down there Sacchet Do you know Slagle If I remember thats next to the Hamiltons I think you had a little bit of a hill McDonald Okay so that ones also on a rise okay Thank you Keefe Ive got one question The properties on either side of this subject property both those I think are relatively new houses particularly the one to the south and then the one to the north 50 242 Planning Commission Meeting March 152005 What is the setback Do we know what the setback is on both of those properties the one to the north Directly to the north and then the one directly to the south Metzer Yes Its 50 some feet 57 feet approximately on the property to the north I got that based off of a survey that didnt measure from the ordinary high water mark Larson 57 from the lake Metzer Yeah Larson Okay Keefe It looked to be on your map that this particular property the proposed building would be in front of the properties on either side so if I looked if these buildings are placed perhaps not I cant quite tell on the from the contour of the Sacchet If you look at this you actually see where Keefe I cant quite tell from the contour where the lakeshore goes though Metzer The lakes are kind of Sacchet You dont know yeah I mean if you assume this is straight and the properties or the buildings are here Keefe It looks like its Sacchet Its definitely sticking out more Keefe Okay Thats what I really wanted to know And both of those properties are newer than this property Metzer Right yeah Sacchet Any other questions Okay if not do you have something to add Jason Okay With that Id like to invite the applicant to come forward If you want to give us your side of this story wed greatly appreciate it State your name and your address for the record please Mike Sharratt Chairman and Planning Commission members my name is Mike Sharratt Im the architect for the project Been working with the CooperlWalker family and trying to justify pretty difficult planning constraints We have a property that is about I believe its 84 of lot size substandard lot size and the buildable area as a result of the lake setback and creating a very nalTOW buildable area This is a diagram The shaded area is the buildable area of the lot Its as staff said it was a little over 2000 square feet which is about 62 or so of what was mentioned earlier as a 60 by 60 pad as being desirable 3600 square feet Its not an easy site to deal with Programmatically what weve been trying to solve for the client is handicap 51 243 Planning Commission Meeting March 152005 accessibility This site is fairly flat but they have 2 handicap members and friends that visit their home regularly and presently their garage is a tuck under situation So they would not be able to access the first floor so weve been working with our client to try to bring the driveway up to the first floor We looked at recessing at the same time of course solving all the programmatic constraints of the space that they need on the first floor Need and want As opposed to what we heard earlier we did talk with staff regularly on the phone and we were it was suggested to us that we bring the garage forward and ask for a street side variance Theres a little bit of resistance from the client that they dontwant to be a whole lot closer to the street but and so we decided to leave the front yard setback as it was and not propose that This is a diagram and I apologize that this was not on the original survey of the two adjacent structures Sacchet I think youve got it upside down sir Mike ShalTatt Upside down Well the two adjacent structures and Metzer Lake Rileys here Mike Sharratt Right This is the most projecting bay in the back of this house And this I believe is a deck as this is a deck And on this side again it does not show on our survey Unfortunately our surveyor was in Florida at the time the project was corrected but theres a projected pointed bay on the back of this as well as a stair over here in this location If we take a straight line in those two nonconformities that are existing it adds this sliver of possible reasonable buildable area This line being this diagonal line here being the one that is created by the existing structure that will be removed so we understand that a lakeside setback it is the neighbors or the 50 feet I think it is whichever is greater and that creates the other the very nalTOW space Which by almost any standard is very difficult to work with So given the constraints that we had to work with and that was to try to bring a garage up to the first floor We couldntjust come straight in from Lake Riley Boulevard We could not come straight in and give enough rise to the driveway We had to make some length on the driveway to get that up to the upper level The client is willing to only have a 2 car garage at the first floor rather than a 3 We had originally started with a 3 car garage We have looked at many many options including these which show alternative configurations and hard to read but were playing with how do we manipulate this Were looking here at 15 foot setback to the street and asking for that as a variance Sacchet Would that work In view of you just explained what the topography Mike ShalTatt Well 15 feet is so tight Were substantially improving the Sacchet How bout with the grades How about the grade aspect that you just pointed out Mike ShalTatt The grade will work Sacchet Okay 52 244 Planning Commission Meeting March 15 2005 Mike Sharratt It requires retaining walls in the front yard unfortunately but the grade will work At the same time the client doesntwant to be 15 feet from the street Maybe 25 might work People ask for a 5 foot variance which case the house would be behind the existing position of that existing rear wall So we would be making our structure than existing footprint as it is now Slagle Mr Sharratt is that right Mike Sharratt Yep Slagle Would it be fair to ask in the scheme of things if someone was watching this from their home that an applicant would be as equally or more concerned about the setback to the lake than they would be to the street I guess what Im getting at is were intensifying the nonconformity by moving closer to the lake and Im hearing that its the clientsyour clients desire not to be as close to the street thats pushing them closer to the lake But Im sitting here going that doesnt seem fair Sacchet Lets hold that for discussion Slagle Well I ask I want to hear his comment Mike Sharratt My comment would be is that they were concerned about that and thats why we tried to pull the back comer of the structure no closer than where the back comer of the existing is and the decks are exceeding You know we could possibly get back behind the existing line the existing structure if we were to have a 56 foot encroachment into the front yard We didnt know really what to ask for We didnt know really what was going to be the set points We hear from staff that a lot of variances have been granted on this lakeshore particularly for lake side setback There also have been some granted for front yard setback The reason we looked at all these options and we were faxing these back and forth with the staff at the end of last week was because of the staff report that we got early and we wanted to try to address wheres our flexibility In accommodating the clients program of getting handicap accessibility to the first floor as well as balancing okay whats the hotter point here Whats the bigger concern I think we can get behind the existing setback of the existing structure if we come into the front yard a little bit with the proposed design We also theres a curious line on this drawing I dont know if you guys have I think you have the survey that was originally from the adjacent house here Theres a line here that says that this is the this is I believe it is this line right here that is to grant a variance for when this house was built And I dontthats well outside of the envelope of where the house was as well as way outside of the envelope of where the existing house is so I dont know what that was about This is the survey we got from the contractor who built this house and here you can see on the survey the variance setback line that was granted is right here Sacchet Is there a year on that sir Mike Sharratt Theres not on this because we reduced it from the original survey but we can get a year on that survey Mid 80s Mid 80s when that house was built 53 245 Planning Commission Meeting March 152005 Lillehaug Does it show where the existing structure was Mike Sharratt Ah yeah This really light dotted line as you can see going through here right there that was the old structure Lillehaug It looks like the house moved forward right on the lake right Mike Sharratt The deck no The actual the house is maybe 3 or 4 feet more forward than where the house is Heres the light dotted line right there and the deck is substantially forward from where the old house was Sacchet Alright lets stick to the current situation Mike Sharratt Right Sacchet You want to add anything else from your end Mike Sharratt Maybe the client would like to speak Sacchet Okay please Do so Laura Cooper My name is Laura Cooper and I live in this house and I have for 8 years I have to say excuse me We have made all probably 15 to 16 different versions of this and our goal first and foremost was the handicap accessibility and a lifetime house Pat Swenson who used to be on the City Council and her husband Ben left this house I bought it from them because of their age and infirmities This isnt our preferred design This is 10 feet from both sides and as far using the comer of the existing property which we took the deck into account because we didnt know about whether it was a deck or the back wall to work with I dont like that were 15 feet to the front When you come down Lyman Boulevard its kind of a nice view and the houses both to the north and the south If we our preferred view for the same footprint would be to be halfway into both variance lines so youve got the fronts of the houses and the backs of the houses in line with each other Sacchet Line them up Laura Cooper I think that would make Norm and Kim happy and Joans happy anyway so I think weve definitely done our diligence with this one Every single proposal we put with the garage the grade was too high I dont really like having the garage on this side the north side of the property anyway but thats the only way that we can meet the grade as well as hit the setbacks We spent hours trying to get something that would be amenable to the neighbors Amenable to the spirit of the intention of the nonconforming and 9225 is a flat lot and many of them up in that comer are actually fairly flat Theres some rise but its not like the ones just to the south of us where some of them go straight up I think it would be you know we should probably have just asked some of our neighbors to come I dont think that were trying to we dont want to change the character of the neighborhood and if it means that we have to go to the front setback instead of the back thats great but I think if it was 15 feet from the front edge of 54 246 Planning Commission Meeting March 152005 the property when you come down Lyman Boulevard youre going to see Joans house my house Kim and Norms house and the rest and I think what we why we put it where we put it was to meet the spirit of the variances Not because it makes good sense for the neighborhood So were not stuck on that placement as much as doing the right thing Sacchet Thank you Anything you wanted to add Tim Walker No I think Idjustreemphasizewhat Laura said really trying to strike a balance as far as positioning the house on the lot between the road and the lake Not being to the detriment of neighbors to the north or south on either the street side or the lake side and to where Mike was trying to show if you struck a band between the north and the south houses were trying to fit in that band and get as much of the house in that band as possible As Laura said weve gone through many iterations starting out with the garage on the south side of the lot It s sort of a parallelogram Theres more room Eastwest on the south edge of the lot Put a garage there but the lot actually slopes upwards to the south so then you end up with more grading in the driveway so thats why we ended up putting the garage at the north end and trying to strike a balance there Sacchet I do have a question for you I mean your current design it has a lower level garage and an upper level correct Now how would that access the street Tim Walker The lower level would be a shop more or less so we would not use that for regular driving in and out of We would use the upper level for Sacchet So your main driveway would be the upper level but you would need a driveway to the lower level a separate one dont you Tim Walker Actually we would not Laura Cooper Tims a car guy Hes got more parts and more pieces and he thats what he does to keep himself sane Weve got a Porsche Weve got an Audi Weve got a BMer Larson Im manied to one of those I know exactly Sacchet The reason why Im asking is because that would potentially be another need for a valiance because having two driveways would need a variance I believe Tim Walker Actually we are not requesting two driveways One driveway to the upper level and the lower level garage if we had anything wed consider using grass pavement Im not sure if youre heard of that Its like a grid under the grass so you can drive over it without creating ruts Sacchet Would that be considered a driveway from city viewpoint or not Kind of wonder about that AIJaff If its grass 55 247 Planning Commission Meeting March 15 2005 Sacchet Grass is not a driveway Grass pavers then youre kind of halfway Larson Is it considered partially used possibly for a boat or anything too or I mean when I looked at this thats the first thing cars did not pop into my mind but obviously boat deal or storage did Tim Walker Yeah and hobby shop garage if you will Sacchet Toys Ultimately known as toys Larson Gotch ya Tim Walker Getting back to the second driveway if we could use and it sounds like staff doesnt consider paver driveway as permeable Sacchet I dontthink they answered really yet Metzer Pavers we would consider this grid Im not an expert on it Ive heard of this grid being laid out and allows grass to grow through Mike Sharratt Its actually a plastic grid that you put under the grass and it resists ruts and you can drive occasionally across it I mean I would be surprised if youre going in and out of this garage once every 2 weeks or something I mean its not that its being used as a garage So theres no desire to pave it and theres grass going through a soft cover Not hard cover Actually below the grass Below the soil Sacchet Okay Thanks for answering that one Any other questions from the applicant Jerry McDonald Yes I have a lot ofquestions I wont ask that many Ive been out to the site The house to the north is higher Thats why I think the variances are there so I dontthink its apples to apples The problem I have with all of this over under garage the new access how are you going to elevate to get up there because according to the drawings you show this new driveway coming in off the street level yet it has to be below Youre going youd have to be going up a hill Are we changing Are we talking about changing the topography on the south end to bring the house up because otherwise I dont see where theres room for an over under garage on that current site with it the way it is without changing the lot Mike Shanatt Were not changing the lot The lot is not higher to the north Its higher to the south McDonald You said its not that much higher I mean right here are the pictures Youve got a slight rise The lot directly to the south rises steeply It goes up quite a bit but to show where this driveways at and everything I cannot picture this because how are you going to get that up from the street without raising the grade or that part of the lot 56 248 Planning Commission Meeting March 152005 Mike Sharratt Were going to leave the grade where the driveway McDonald Okay And then whats the impact on the other lots I mean now youre changing the lot the character of the lot completely at that point Mike Sharratt Explain character McDonald Explain character The current lot is a flat lot that drains from the front to the back toward the lake At this point youre going to bring up a lot that almost is going to create a valley between the lot to the south and your new lot as you raise things up unless youre now going to go the lot to the south and fill in where they have that boulder wall Mike Sharratt The drainage the existing drainage to the lot right now drains between the houses down the property lines McDonald Right Mike Shanatt It would not change The drainage the driveway would drain down the driveway back onto the street McDonald Okay then I need further clarification I need some drawings that are going to show that because right now the way this is with the setbacks and everything I cannot visualize doing this and I just see a lot of problems as far as variances Mike Sharratt Did you see the front elevations McDonald Right the front and thats the one Ive got the most problem with it because that shows everything being relatively flat across the lot and its not that way Mike Sharratt The grade on the street is about 4 feet higher on the south end than it is on the nOlth end McDonald Okay and a typical garage is going to be anywhere from 6 to 8 feet Your under garage What I have a problem with is Imean this begins the looks of right now this lot is relatively flat across here Yes theres a slight rise but theres a hill that comes down with boulder walls here and youve got the drainage Its flat and youve got pictures in here to show it It goes down to the lake Mike Shanatt And its going to continue to do that McDonald But then how can you put this house on that lot when this is coming down and if this is street level theres not that much variance from that end of the lot to that end to rise up 6 to 8 feet 57 249 Planning Commission Meeting March 152005 Lillehaug Point of clarification Can you comment of the grades of your driveway Its less than 10 right And in your grading plan it shows a tying in on the south property line Relatively with yeah we want flatter slopes I mean it doesntexceed 3 to 1 slopes Mike Sharratt The grades Lillehaug Right Mike Sharratt Other than retaining walls no Lillehaug Exactly right Okay Sacchet Okay Any other questions Slagle Ive got a couple Have you seen these photos Have we distributed that to the applicant Sacchet No Slagle Can we do that Ijust want their input Youre going to see on the bottom right hand side a photo of looking down Lake Riley Boulevard to the south and having been through a few cases before us you can show it on there There are homes that are close to the street as you go down I would not argue the point but I would say that there it gets hillier down there And so again the necessity for them to be a little further up towards the street any thoughts on that Laura Cooper If you go down to the comer I think it looks really cramped and crowded And from the perspective of character you know Kim and Norm for example on our south side built a beautiful house If we pulled that garage forward maybe not as you come directly up the road but as you come towards it that garage structure I believe will look out of character with what is there on the road if we go too far towards the road Slagle Let me ask one more question then Was it ever contemplated in your 15 or 16 versions or variations which I applaud your patience of somehow incorporating a house that has more of a garage that you drive straight into House above it Imean instead of having a Imjust trying to think how you could have built a house there that Tim Walker You just cant get the driveway and the garage up to the first main level You just cant get it up there Laura Cooper Its the handicap accessibility thats really what weve struggled because if we put it right in the front say and face it directly and tuck it in with I dontknow a bedroom or something above the grade on the where we want it on the south side was greater than the 9 or 10 percent that you allow If you put it on the front of the house Thats why weve got its so long Slagle And did you say that you have a family member whos 58 250 Planning Commission Meeting March 15 2005 Laura Cooper Actually a very good friend and his friend best friend who visit the house and have you know played on the water toys and had their families out with us but its a very difficult thing to do Tim Walker Theyre both in wheelchairs Laura Cooper Theyreboth in wheelchairs and one of them lives in England He comes back for the MS 150 the first time again this year and wed like to have him stay with us in the future Slagle Okay Sacchet Any other questions of the applicant Larson Yeah Sacchet Go ahead Debbie Larson So theyre nonresidents They would not be residents Laura Cooper They wouldntbe for anything other than a visit Larson But theyrejust frequent visitors okay Laura Cooper Conect Larson I had a question if going back to your many attempts at trying to redo this Was it ever a consideration to because of the setback to the lake I mean theres a pretty decent setback right now 30 whatever 7 feet or 5 feet Was it ever a consideration to try and do a 50 add on to that house or to restructure whats already there I mean I dontknow if that was Laura Cooper Its a split level and thats the issue Larson Thats the issue okay Laura Cooper Ive dragged Rob at 170 pounds up those stairs and Ive also got hes got a great ability to get down the stairs from my deck but it scares the living daylights out of me every time Its not that its not physically possible to make it work but also this is our lifetime house We dont want to have to leave at some point because either one of us is incapacitated And I think the families who was here before Chanhassen would do well to have a few more places like that in the long run Larson Okay thats all I had Lillehaug I had a question 59 251 Planning Commission Meeting March 152005 Sacchet Go ahead Steve Lillehaug Sharmeen can you put that up I want to ask you a question I highlighted in the area on your map that you provided Would you agree with me that that is an area that you are intensifying and increasing and expanding into intensifying the variance that youre requesting Is that an area that goes deeper into the wetland setback than whats there currently That that darken area is intensifying Laura Cooper Based on the angle yes The one comer I think is probably pretty dang close to where the existing property is Its just that Lillehaug So at that comer Laura Cooper Yes Sacchet Thats why he didnt color it Because there youre not intensifying Lillehaug is specifically the area compared to the existing house your proposed house according to that drawing youre intensifying the wetland setback would you agree with that Tim Walker Youre including the patio and Sacchet Yes Laura Cooper Yes we would agree with that And we would also be amenable to turning that so that it didnt as much as well The challenges then were asking you for a different variance which is a front variance and to Mikes point when we went through this process we asked okay we want to minimize the variances Lets do 2 Hard cover and we heard that the front setback was going to be the issue so thats where no we heard the front was going to be the issue so we didntwe avoided that Slagle Who can I ask who shared with you that the front setback would be more of an issue than the water Mike Shanatt we were trying to minimize the number of variances were asking for Sacchet Well thats besides the point Slagle It is but but let me just throw this out for consideration Weve seen a number of cases on this lake At least in my 4 years at least 3 or 4 If you had a chance to watch any of those or research them I mean we literally spent a lot of time talking 1 foot 2 foot Moving a room and I mean so Im just shming with you Im hoping that you understand and get the concern that were talking 7 feet I think Something like that and just what Commissioner Lillehaug showed you Im just surprised you wouldnthave come with not encroaching in any of those areas Just sharing that with you 60 252 Planning Commission Meeting March 152005 Laura Cooper And we are novices Ive had the variance notices but Im not come to any one I think as Mike shows you this picture here if we we are willing to move We met after the fact when we saw the denial If you see that straight line there to your point if we move the angle back on the where the garage fits do we have to go through the variance process again for 4 or 5 feet on the front Do you see where the challenge is Sacchet Yeah Laura Cooper Weare okay with moving back to that line if the intensification of the back is the true issue Sacchet You see the problem we have is we have to make a decision on the proposal in front of us We cant make a decision on something that hasntbeen worked out in detail That hasnt been studied by staff so we can maybe give you a little bit of a reference point but these cant go further than that So we have to contend with that Thats the best we can do tonight for you Laura Cooper Well and then that gets back to the if you do recommend approval which we hope you will the conditions that are included at the back Can those conditions to avoid us getting into Sacchet Well were not quite there yet I mean youll just have to wait til we get there I mean we will get to that pretty soon I hope Lillehaug Can I ask one more question Sacchet Go ahead Steve Lillehaug Did you consider any mitigating factors such as you know we saw one a year ago regarding a variance and we have this whole list of variances out in that area This is the map for that It shows variances But in this case they mitigated something Like the case we saw they moved their whole the existing structure they moved it away from the shoreland so there is a in my mind you cant just look at these and say well they have a setback They have a variance They have a variance They have a variance You should grant us one In these cases there is most in more than likely a mitigating factor and do you have any mitigating factors I mean I dont see any do you Tim Walker Well I guess what we hear a lot is that they should be able to put their property to similar use that others are having granted We have maybe a 36 foot here and maybe about 45 foot here setback to these structures I think its pretty unreasonable to assume that we should be significantly tied in with the existing neighboring structures are or have been permitted to do by the city I think if we can verify scientifically this line for you that we stay behind this line that seems to be a reasonable approach to me McDonald If I could make a suggestion Are you willing to table this and to come back to us at some other point because 61 253 Planning Commission Meeting March 152005 Sacchet Well Im not sure Im willing to table it McDonald Okay Ill wait Laura Cooper I think another mitigating factor we have lots not only behind but in front of these houses and looked and its 30 foot 30 foot 20 foot 20 foot so I mean in terms of have we investigated their variance reports No But have we looked at the houses Yes The last 4 on the comer that were built some of them have side variances as well as front and back variances and the bottom line is its a hardship lot Ive got 12936 feet and even in your new guidelines 15000 feet Im still a hardship Sacchet Yeah and thats the case with just about every property there because we have quite a bit of experience at least those of us that have been sitting here for a while because we have these cases come in several times a year And again our aim is to be somewhat consistent with how we treat everybody and were not there yet in our discussion but I think you certainly picked up some of the elements is that we look for a lessening of the intensification What I see here is intensification only in terms of the lakeshore setback and if you would have looked at some of the debates that we had in the past in similar situations I would definitely think that you could back up that this lakeshore setback is the most significant in this gang here okay But well get to that when we get to the discussion but I mention that here because there is no way of spinning our wheels here We have a proposal in front of us that we make a decision about it We cannot make a decision about another proposal at this point because its not in front of us Its as simple as that And Im sorry because that basically means that youre going to have to come back for another variance okay Were not there yet but I dontreally see much other possibility to be honest with you and I mention that here because there is no point in us debating this over and over and over because were not making headway with it Do you understand where Im at I mean Laura Cooper I think based on the fact that we are going to have to come back it will be very helpful if you knew exactly what we really need to come back with Sacchet Yeah and give you an idea Absolutely And thats what were trying to clarify too at some point here Slagle But if I can point of clarification I mean truthfully that those discussions and those helpful points if you will would really come from staff I mean were 1 of 7 or 6 that we have our own opinion but thats really you know I would suggest whatever happens tonight you really work with them in refining Thats assuming it doesntpass It might pass who knows Laura Cooper And from that perspective we would like to thank Josh because I know hes worked a lot with Melissa on Sacchet We haventmade a decision yet so lets take it in steps definitely By all means Anything else youd like to add from your end Lets open the public hearing and see what anybody else wants to address this item This is a public hearing so if any of the other residents 62 254 Planning Commission Meeting March 15 2005 want to speak up to this item this is your chance Seeing nobody getting up Ill close the public hearing Bring it back to commission for discussion and comments Who wants to start Lillehaug Can I blurt a few things out Sacchet Go ahead Lillehaug I have to believe that based on staffs recommendation that most of this stuff has been discussed with them Or some of our opinions anyways Is that a fair statement Metzer Particularly which Lillehaug Well particularly I mean one in my mind reasonable use You know Id love to have storage for my boat at my house I mean I see a pretty significant 14 plus foot by 32 foot lake storage as labeled on the plan I mean is that a reasonable use I mean its a little more than a reasonable use in my mind So thats one thing Because the main thing is I absolutely dont support intensifying and increasing the encroachment on the wetland setback and we have some footages in here 337 foot setback Well if you really look at it its worst than that If you look at an area intensification because the house is skewed right now You straighten it up with the shoreland and on the map that I highlighted there I mean it drastically increases the intensification and I absolutely dontsupport that especially on a lake lot like that I think we need to be very sensitive to that Intensifying the hard surface Its not a drastic intensification but again its intensifying it Just simply put there is absolutely no mitigating factors and I think that the commission and the city and staff should be very stringent on these standards Like I said in the earlier in the past theres always been a mitigating factor that Ive been involved with Significant mitigation factors and this way it goes totally the opposite direction so me I would not support any intensification on the lake side Thats where I stand Sacchet Let me clarify Steve When you and I think thats important for the applicant to understand When their idea was that it they stay 373 feet away from the lakeshore the whole front that thats not intensification but that really is not what were saying here Its because the building was not the whole building was at 373 feet Only the first comer was and the other comer on the other side was more something around probably 60 feet or so from the lake So its not the straight line that were looking at but as you were able to see on the drawing what he highlighted I mean that gives you an idea of what we look at okay Is that understood because thats important Thanks Steve Anything else Lillehaug Thats it thanks Sacchet Anybody else Dan Keefe Just some brief comments I dont support this particular proposal just to really the comments by staff that its an intensification and its of both the hard surface coverage and particularly the lake side Intensification One question Ive got in my mind is if there are a lot of vaIiances on this particular lake which obviously there are particularly in regards to the lake side intensification I might be willing to consider some level of variance as long as its 63 255 Planning Commission Meeting March 152005 consistent with the neighboring properties and I cant get I mean Ive seen a couple different maps I just cant even get a feel for whether at least the one that Ive got in front of me looks like its significantly in front of the other properties but I dont know the answer to that so I really cant even rule in regards to that at all I would like to see no intensification of it but I think in regards to whether we would consider granting a variance I would like to at least have that trued up to a certain degree so that weve got abetter feel for that And the hard surface coverage you know Id really like to just see that no intensification there as well So those are my comments Sacchet Thanks Dan Debbie Larson Okay First of all I want you to know I think the idea of upgrading the propertysa great idea Theres many of the homes in the area have been upgraded and you know yours does stick out as being one that needs it Its a nice home but certainly the ones around it definitely have gone further extent of that Im very also worried about the intensification The encroachment towards the lake Seems a bit excessive but if youre willing to move it back maybe my main concern would be maybe this garage area because thats whatsI know what youre saying as you come down Lyman you can see the house and then I drove it today and its definitely going to look odd to me Whether its placed closer to the street or not Its still going to look weird to me and I dont know if theres something that can be designed differently to that to where it can be more part of the main structure or something because the two houses on either side as you saw by the new photographs dontreally have that Theyremore flat fronted and so you know since were in the process of having to do a 16th version I hate to have you do that but at this point Im not comfortable with passing this either so thats all Ihave Sacchet Thanks Debbie Rich No comment Jerry McDonald Well first of all I understand the problem you got with this lot It is not the same size as the others and I understand how that will limit you and everything And again because of the lay of the land it is different than the other lots so youve got a challenge and I mean youve done a great job with what youve come up with but at this point to me youre changing the character of whats there Youre asking us to create too many variances and I have a problem with that as Ive said Im not against creating variances and again I looked at the other properties and were talking decks Were talking footers Your property is plat with the lake All these others again going to the south there are different reasons why they got that It is not that you can just draw a line That is not your answer I would suggest again you need to work with staff as far as coming up there are going to be design constraints Im sorry You may not get to do exactly what you want to do with the land I do agree that an individual should have rights on their property but however thats why there are city zoning laws and variances and those things You have rights within certain limitations so its not a blank check And then based upon all that unfortunately Ive got to say youve got to come back I mean thats why we would prefer to table it but its the same thing Youre not there yet Im not sure that when you come back the designs going to be the same as what it is Maybe it is Maybe you can work something out but you cant bring us something where you intensify things I mean to me when I look at this and I look at the property its trying to put 10 pounds of sand into a 5 pound sock I cant support that Im sorry All I can say is based upon maybe the comments and what staff 64 256 Planning Commission Meeting March 15 2005 has said thats your variances Thats your design constraints Im sorry Thats the way it is Thats what youll have to go around Thats it Sacchet Still nothing Rich Lillehaug Mr Chair can I ask Sacchet Yes Lillehaug I also wanted to make a point that in reviewing a variance we have findings of facts that we need to Sacchet I wasjust getting to that Go for it Lillehaug Its not iterated enough that theres Sacchet 5 or 6 points Lillehaug 6 points and a majority of them theyrejust not met so thats something that at the board level at the Board of Adjustment and Appeals level we need to consider That it doesnt meet those standards Sacchet Actually Steve Id like to go through these points for the benefit of the newer members on the Planning Commission And also for your benefit I mean basically for us as a Planning Commission to approve a variance we have to look at 5 things Thats anchored in by city code The first item is that the literal enforcement of the code creates undue hardship Now undue hardship is defined that it would prevent somebody from making use of the property as its commonly used within 500 feet and surrounding Now if you take that literally you could say in 500 feet sUlTounding are single family homes With 2 car garages You have a single family home You have a 2 car garage so therefore its not causing undue hardship if you look at it in a nasty way you might say From your angle If you look at it in a very factual way lets say Objectively The second point we have to look at is does the condition of this variance create a precedent for similar properties for similar places in the same zoning district Because here were trying to treat everybody the same way And thats partially what your reasoning was too You said well the guy next door and the guy there so we have to make sure that we make something that is not creating a precedent for everybody else in a similar situation The third thing we have to look at is is the aim for this to increase the value of the property Which is not the sole I wouldnthold that against you I mean youre building your house Its going to be worth more but thats not your main aim here The fourth thing we need to look at is the hardship self created Well the hardship is self created because you want this type of house You want it the way you want it The way you put it You put it there And then we also need to look at does the variance detrimental in any way to the public welfare and there could be a case made that encroaching further into the lakeshore setback is damaging to the other welfare Thats the position that Ive seen the city take repeatedly And then the last point is does it impair adequate supply of land and air and all that to surrounding Light Light and thats not that doesntcome into play so much with this one but thats the 5 criteria that we go by And I 65 257 Planning Commission Meeting March 152005 think its very obvious that in terms of hardship in terms of making a precedent in terms of self created were falling way short On top ofthat and I dontknow did you want to add anything else at this point Steve On top of that the encroachment is very big I mean you may have thought that well youre only increasing from 37 to 33 feet However if you look at it with the way Steve colored it for you theres a big chunk there Now are we holding you to just be able to build in the little sliver of land that is actually buildable No we dont I mean thats not reasonable Theres the aspect where the hardship where the reasonableness of the request comes into play so we try to balance that in a way that is workable for everybody So we try to work together However the intensification on the lakeshore setback is very significant The lakeshore setback is the most sensitive constraint you have on that lot The second sensitive is the hard cover Because that also impacts the water quality of the lake That has an impact on that too So your second variance is also the second in sensitivity While the encroachment on the front yard setback would be the least sensitive so that I think I feel confident to give you that as a framework of how we look at it That doesntmean that everybodys going to agree with me and that I mean we cant give you any guarantees what we decide anytime in the future but to give you a little bit of an insight into the thinking that we have Now in terms of the size and Jerry put that I mean you cant put 10 pounds of rice into a 5 pound bag I mean when I looked at this first I thought well either the lot is too small or the house is too big Now you cant make the lot bigger so you might have to make the house smaller I dont know I mean but thatsand thats where I draw the line but I dont think government should dictate to you how big your house can be but thats for you to balance But then when you come to us with arequest for variance we have to look How does it fit with those 5 criteria The hardship The self created The impact it has Is it detrimental to public welfare In this case the quality of the lake And one important thing thats always been a gaining factor is you have to lessen the non conformance If you come in here with and I can tell you that from me personally I cant speak for everybody If you come in here with a proposal thats well now were not encroaching any further than 373 feet which is where the comer of the deck was before I was like well thats not a lessening of the nonconformance Were looking at a balance and thats why I wonder whether the lot is simply not big enough for the size of house you want There needs to be a significant lessening of the nonconformance to justify all the other variances And its not necessarily the number of variances if you have a front yard a side yard and an impervious surface and a lakeshore all these things Its the amount of variance I mean if you have a big variance thats much more weighted than if you have a small variance But I hope that gives you a little bit of feedback Now I have to pounce on staff a little bit too in all fairness since Im kind of in a pouncing mode Laura Cooper on your feedback Sacchet Yes Laura Cooper One of the challenges why its so big isnt because we need a 30 by 10 garage below Thats but we do want to have the master suite and living suite on the same place as the kitchen and the laundry Thats why Sacchet And you see thats why Im saying I dont want to get involved with that Thats your business 66 258 Planning Commission Meeting March 15 2005 Laura Cooper But if we come back with that same kind of goal are we really defeating our purpose Thats what Im asking accessibility is why the hard cover is so big is you have to have a 60 foot driveway Sacchet The hard cover is not a significant increase but its not a tremendously what is it It goes from 26 to 33 or something like that Metzer 268 I believe to 324 Sacchet So were looking at about 78 I mean its not a trivial increase but its not really a insane increase either but I canttell you where were going to be because you dontknow what youre going to bring to us Okay Slagle Mr Chair if I can throw this out again just as a word of as a word of thought We have seen others come back in a revision form and really in some respects its a different house I mean not that I want you to pay your builder or designer more money but I mean really people have gone from really a certain type of format of a house and decided you know what this is not going to work Im not suggesting that but I mean be open at least to that possibility Sacchet Now I do want to address staff on this Im not thrilled with this coming in front of us in this shape I have to be very honest about it Because theres no mitigation This is all intensification And I wonder if they have to make another variance do they have to apply for a new variance Is there a fee involved with that Could we ask staff to waive that fee for them to come back AlJaff We donthave the authority to do that Thats something that the City Council can do McDonald I have a question then to that thats part of why I wanted to table this to keep all this within the same record If they need to make the changes at that point were talking about the same thing That solves that problem If theyrewilling to do that and to relook at things then we dont have to get council involved or anyone else It is the same file Sacchet The reason why I disagree on that Jerry is because this is so far away from something that I consider acceptable McDonald I agree with you 100 but you know they can change it and come back I dont know that theres any requirement that says theyve got to just tweak it here and there They could come back with something totally new I mean were asking them to table this and at that point they need to bring back something based upon what we have said that we would probably consider and if thats totally different than its totally different Sacchet How much is the fee for a variance Metzer 250 67 259 Planning Commission Meeting March 152005 Sacchet 250 McDonald And at that point I think it begins to solve the problem but they have to agree to the waiver and to give them more time Sacchet Whats the time clock on this Because you see we have time restrictions McDonald I understand AlJaff Application was submitted April 15 Deadline Slagle Not April 15 Metzer The review deadline is Aprillth AlJaff Sorry So thats the 60 days Sacchet 60 days is Aprillth AlJaff Correct We can take an additional 60 days Sacchet If they agree AlJaff If they agree McDonald Otherwise what I would propose is that they have to pay the fee again I mean thats one of the risks that you run when you submit something to council is they is going to be turned down and at that point if you have to start all over again you need to pay the fee again Mike Sharratt May I ask a question Sacchet Yes Mike ShalTatt As far as coming back a second time around here would we have any leniency on the amount of time required for review since youve already familiarized yourself with somewhat with our situation tonight would require the full 3060 days or could we come back next Planning Commission meeting say with submitting the plans Sacchet I dont know how full our schedule is do you know AlJaff It is full Sacchet It is pretty full isnt it AlJaff We have some heavy items 68 260 Planning Commission Meeting March 152005 Sacchet I know we have a pretty heavy schedule these days Lillehaug If I can also add Like I said before I mean I have to believe that staff has done their due diligence in working with the applicant Literally I mean staff denied recommended denial of the variance based on all those findings Sacchet So it shouldntbe a total surprise Lillehaug Im not saying lets send a message here but I mean the fact of the matter is I mean staff relayed this information to them I mean its pretty straight forward Sacchet Okay I can accept that McDonald What I would only offer is that you know ask us to waive this and at that point fine The fees taken care of If not Im afraid Id have to support youre going to have to repay the fee because again I think staff did do their job I mean they pointed out this isnt going to pass It is your choice to bring it to us or to halt it It is totally within your control So thats what I would offer as a compromise is that if they want to ask for a delay in our decision Im fine with doing that Sacchet Personally I still think its the wrong signal I mean this is so far away in terms of intensification and no mitigation that tabling is Im not really considering that personally myself I dont know maybe you all are we can make a motion and see what happens yeah Keefe I was just going to say When would be the soonest we could probably get it back on Do you have any idea Sharmeen Slagle Point of clarification too though I mean just making sure were on top of this is if they grant the agree to the waiver of the timeframe its really up to them then Forget our schedule I mean they have to put together something Work with you so I guess I would just ask if theyre open to it and if they are we might make a decision If theyre not then we make another decision McDonald And I would suggest at that point that if staff says its not ready do not try to bring it up Sacchet Well you see thats one of the things Im concerned about Once we put the timeframe on it if we dont act within the timeframe it becomes automatically approved Now if they dont come in with another applicant though it would never get to that point so yeah that would work Keefe Its May 3rd It looks like May 3rd Sacchet I think itd be better to be crisp personally Do we want to take a motion Or do we want to know whether the applicantswilling to extend since some of us asked 69 261 Planning Commission Meeting March 152005 Mike ShalTatt I think maybe if we could ask that question first and then 1d like clarification Sacchet Please Mike Sharratt Do you want to waive the 60 day rule Sacchet Basically extend it to 120 from 60 Mike Sharratt Set it for 120 on the same application Lillehaug You can also appeal our decision directly to the City Council Laura Cooper If we extend Mike Sharratt Well its more absolute that way with staff but heres the clarification Id like Sacchet Go ahead Mike ShalTatt What Id like is clarification tonight so that we know our constraints Is our constraint Sacchet Can you zoom in on it Nann Thanks Mike Sharratt What Ive been is our constraint location of the rear facade of the existing house or is our constraint the precedence if you want to call it that of the actual setback of the two neighboring structures or the average thereof Or the straight line between the most projected parcel of those structures What is our can we have a scientific direction from you as to what Sacchet Its a combination of all those And I tried to give you a little bit of at least from my personal prioritizing and idea of how I stack them I would stack the neighboring context further down the line I didnttouch on that one I think I touched on the other ones to some extent I dont know whether any of you wants to add something to that McDonald I would defer to staff I mean Sacchet And its really a thing you have to work with staff McDonald You really need to work with them and you know theyre much better at Ithink doing some of this balancing and bring it to us and at that point what we can do is apply our perspective Mike ShalTatt communication Sacchet There is no scientifically fixed formula 70 262 Planning Commission Meeting March 15 2005 Mike Sharratt Thats but what were saying is that we are further encroaching toward the lake setback Sacchet I would interpret it that way correct But then there are mitigating factors I mean nothing is absolute because you have a little comer of a deck stick out a little bit And its on the side where the house was further back I mean thats why Im saying its a combination of all those AlJaff I can work with the applicant and Josh and I can both Sacchet Yeah I really I think we told you that several times Its something you need to work with staff Because they I mean thats their job Alright Did we want to get a clarification whether to extend the timeframe or do you want to make a motion McDonald Did they want to ask for one I mean we cant just ask for a motion Its their Mike Sharratt They said yes McDonald Then in that case I make a motion that we table this application until the applicant resubmits Sacchet We have a motion Is there a second Larson I second McDonald moved Larson seconded to table Variance Request 0510until the applicant resubmits All voted in favor except Sacchet and Lillehaug who opposed and the motion carried with a vote of 4 to 2 Sacchet Now for a table thats enough right AlJaff Correct Sacchet Okay it wouldntbe enough to approve the variance but its enough to table Alright AlJaff Absolutely Sacchet Alright we got that in place Thanks for bearing with us Its a beautiful property you have there so APPROVAL OF MINUTES Commissioner Slagle noted the verbatim and summary Minutes of the Planning Commission meeting dated February 15 2005 as presented Chairman Sacchet adjourned the meeting at 1035 pm Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 71 263 5 O CHANHASSEN PLANNING COMMISSION REGULAR MEETING MA Y 17 2005 Acting Chairman McDonald called the meeting to order at 700 pm MEMBERS PRESENT Jerry McDonald Deborah Zorn Mark Undestad Dan Keefe and Kurt Papke MEMBERS ABSENT Uli Sacchet and Debbie Larson STAFF PRESENT Sharmeen AIJaff Senior Planner and Josh Metzer Planner I PUBLIC PRESENT FOR ALL ITEMS Debbie Lloyd Janet Paulsen 7302 Laredo Drive 7305 Laredo Drive REQUEST FOR V ARIANCES TO LAKESHORE SETBACK AND LOT COVERAGE ON PROPERTY LOCATED AT 9015 LAKE RILEY BOULEVARD APPLICANT SHARRATT DESIGN COMPANY PLANNING CASE 0510 Josh Metzer presented the staff report on this item McDonald Any questions from any of the commissioners Papke I can start here Under applicable regulations point e The issue of destruction of non conforming to the extent of more than 50 Is this particular proposal more than 50 of its estimated value So is this regulation enforced Metzer Well yes by demoing their existing home Papke So this thing is Metzer Its 100 Papke Its 100 gone so its like 99 Okay Given that what is the precedent for allowing a confOlmity under that particular situation The nonconformity How many times before have we allowed someone to bypass that limit of the 50 demolition and then allow them to have a variance the nonconformity Allaff In the past we have ran into situations when and it was in that exact same neighborhood They maintained existing and there was another situation where they exceeded what originally was on the site as far as hard surface coverage and setback Papke So there is precedence for doing this 264 Planning Commission Meeting May 17 2005 AIJaff COlTect Papke Okay The reason I bIing that up because I know in that same neighborhood there are some homeowners that have gone to great extent not to exceed that 50 to not lose that grandfather clause and my concern here is you know are we establishing a precedent here that these lots along Lake Riley Boulevard we can mow them down as long as we can build them back up and make it a little bit better than it was before Okay thats the concern 1mjust wondering have we done this before or are we doing this for the first time AIJaff We have done this before McDonald Next Deborah do you have any questions Zorn No McDonald Mark Undestad No McDonald Okay No questions of staff from the council at this point I will ask that the applicant come forward Tim Walker Good evening members of the Planning Commission Its good to see at least some of you again Recognize some new faces I dont think we have anything to add other than the staff repOli unless there are any questions Would like at this time to express thank you to Josh and Shmmeen Laura Cooper And Matt Saam Tim Walker And Matt yeah We spent quite a bit of time and worked very closely with them Appreciate them putting effort into it all McDonald Okay Any questions of the applicants Keefe No I guess what 1d like to say is I appreciate your willingness to work with staff and consider the recommendations that were made by the Planning Commission and really work on your design because I know you guys kind of went through a wholesale change from where you were before and we appreciate that Tim Walker Thanks McDonald Okay Well with that Ill throw it open to the floor This is an open meeting Anyone that would like to come forward with any comments on this matter please do so now And when you come up to the mic would you please identify yourself and tell us where you live in relation to this home 2 265 Planning Commission Meeting May 17 2005 Debbie Lloyd Hello My names Debbie Lloyd I live at 7302 Laredo Dlive I live down the street on Laredo Drive in a house very near Lotus Lake So 1m very interested in what happens to our shoreland I have to apologize to staff because I was not able to look at this until late this afternoon and theres a finding that I think is important And that is you list applicable regulations Section 2073 Nonconforming use of structures and Kurt asked some questions about that today But theres also another section thats relative when a home is totally eliminated and thats Section 2073 Nonconforming lots of record And point b 111just read this Its hard I know when you donthave it in front of you but I couldntcopy it either I should have probably plinted this off at the office Anyway no valiance shall be required to construct a detached single family dwelling on a nonconforming lot of record excluding platted outlots provided it fronts on apublic street or approved plivate street and provided that the structure meets the minimum requirements of this chapter The minimum requirements it s speaking about are the shoreland regulations zoning setbacks So this was rewritten it was enacted as a new ordinance on May 24 2004 So one year ago this was changed And one year ago it used to read 70 it had to meet 75 of the ordinance Now it reads it must meet the minimum requirements of the chapter Not 75 The minimum requirements of the entire chapter So thats important Its also important in light of if you look at the other homes that are listed in your report if you look at 1999 the last one on the first page Number 14 And 2003 number 7 Those valiance files The shoreland setback for those properties was set at 57 feet Which is 75 of the setback as the code was written then But now the code was changed last year No more 75 It means 100 So I just think you need to realize that That yes valiances were enacted over time but the code was strengthen last year and you can look at all these items but the purpose of it is to protect the shoreland Also the first 12345678 of these items highlighted in yellow were all variances granted before 1994 before we rewrote the shoreline code in Chanhassen So I think you kind of have to kind of disregard that too Not that 1m like against these people or anything Theyve made some progress I think maybe more progress could even be made That impervious surface number is outstanding and thats why its hard to stand up here and say anything because that is really outstanding But I was contemplating all of this and I was thinking you know its society We all want what our neighbors have These big homes or whatever 1ve never in what 56 years here have ever heard anyone say I have a substandard lot Its small 1d like to build a small quality home May I have a valiance please for a single car garage A single family with one car they do exist This property lovely 3 car garages I mean a 3 car garage Ithink theres room here for a more even though progress has been made you know and I applaud them for that and if I owned that piece of property 1d want to put the best home on it too but I think there is opportunity here for improvement And to Kurts point you know where do you hold the line You keep making valiance valiance valiance You know I wlite the City Council and I do crazy things and I kind of dubbed our little development by St HubertsI donteven remember the real name What is it Pond Whats that supposed to be called AIJaff Villages on the Pond Debbie Lloyd Villages on the Pond 1ve kind of dubbed that youve never heard this before sorry Ive kind of dubbed that Valiancea I dontwant our whole town to become a valiance I 3 266 Planning Commission Meeting May 17 2005 mean we have standards and thats why I continue to come up here embarrass myself and but I try to bling forth whats in the code and make it valuable to you as well Keefe I have a question for you Just you know the thing that I like about this is theyre actually improving the hard surface coverage from the existing home And I dont know what year was the existing home built Metzer 78 Keefe 78 so I mean theyre improving the hard sUlface coverage And so you know in regards And they do have a very small lot so Im sitting here going at least so Im kind of sitting here going okay Since78weve been living with a situation where its been non conforming and now theyve come back and theyre actually yeah they are making a bigger house but theyre improving the hard surface coverage so 1m not sure what type of an improvement we could suggest on that particular property particularly in light of a smaller Debbie Lloyd I think the setbacks on the lake is really vital because the 75 with that 57 feet back the requirement is 75 feet and this one is at 43 feet Keefe So what does that leave on this lot AIJaff If I may the 75 from before applies to the lot area Lot width So these were the non confOlmities that the 75 applied to Not the setback Debbie Lloyd Well the setback is at 75 for both of those other lots that were approved they were approved with the 75 deviation of the 75 foot setback from the lake and I know thats vital to our Minnesota shoreland regulations Thats where the regulations came from State of Minnesota I dont want to debate anything Its not my job to debate it Ijust wanted to present it Thank you McDonald Is there anyone else who would like to come forward and speak on this Okay seeing no one else I will now throw it open to the council for discussion Papke I really respect what the issues that Debbie brought up here but I think in this pmiicular case theyre you know at the end of the day what we really care about is forward progress here and every time we approve a variance it seems impOliant to me that were making the city better in some way And in this particular case I think these applicants are doing that and you know we can debate the fine details of the city code and how we interpret them but I think in this particular case its well walTanted from my perspective Its my two cents worth Zorn Josh or Sharmeen could you talk a little bit about the variance that is being proposed What that is equating to size wise That little pOliion of the garage Metzer Its 625 square feet total 5 foot variance but thats just for the very outside comer Zom It kind of looks like its 2 feet by kind of nalTOw Angles in 4 267 Planning Commission Meeting May 17 2005 Metzer Right its this section here That shaded in the front This is the front of the garage running down this line And the setback line runs on a line like this Zorn Okay thanks Thats the only question I had McDonald Next Keefe You know 111 just restate briefly I think that theyve improved the situation 1m happy to see that I mean I think really to Debbies point as well you know we tried to improve the code last year and strengthen the code but and thats a good thing I think its also a good thing to see proposals come in which actually improve the situation where theyre at in terms of you know runoff potential in terms of the hard surface coverage from the existing situation so 1m in favor of approval of this particular proposal Undestad I guess my comment I didntwasnt here the first go around but looking at the two its a great job Revisions and I think you did great McDonald Okay I guess what I would add to the record is that I do want to congratulate you I know that when you left the last time it did not seem as though that it was going to be possible to build a house on that particular lot And I am I guess 1m very encouraged by the fact that yes the lakeshore setback has been increased from what it was and it doesntseem to affect the quality of the home This will be an improvement for the neighborhood One of the things that we talked about valiances is that if a literal enforcement caused an undue hardship that is not the fault of the owner that we can grant a valiance In this particular case were dealing with a lot that if we enforce the valiances about all they could build on there would be a pup tent I think this is a case for where the valiances need to be given and again this home improves and this is what we asked The home improves all of the setbacks Improves the encroachments It takes away from the hard surface areas I think they did everything that we asked in order to build this new home there I hope that in the process of doing so that they are getting a home that they can live with and that meets their requirements and everything but I believe that kudos for you all for working with the staff We really appreciate that So at this point I guess we will vote Do I have a motion Papke Mr Chair I make a motion that we approve Valiance 0410for a 5 foot front yard setback variance 1 hard surface coverage variance and a 32 foot shoreland setback valiance for the demolition and rebuildingof a single family home on a lipalian lot zoned single family residential with conditions 1 through 12 as listed in the staff report McDonald Do I have a second Zorn I second McDonald Having the motion made and it being seconded we will now vote 5 268 Planning Commission Meeting May 172005 Papke moved Zorn seconded that the Planning Commission approve Variance 0510 for a 5 foot front yard setback variance 10 percent hard surface coverage variance 260 coverage and a 32 foot shoreland setback variance 43 foot setback for the demolition and rebuilding of a singlefamily home on a riparian lot zoned Single Family Residential RSF with the following conditions 1 Drainage swales are required to be graded In along each side of the house 2 Maximum side slopes greater than 3 1 are not allowed There is a slope along the nOlihwest side of the proposed home that is greater than 31 Revise this slope to comply 3 The applicant must be aware that any retaining wall over four feet in height must be designed by a registered civil engineer and a pelmit from the city building department must be obtained In addition encroachment agreements will be required for any retaining wall within a public easement 4 Show the top and bottom wall elevations on the survey 5 The applicants contractor will need to verify the existing sewer and water locations and submit revised service tie cards upon connection 6 Grading shall be revised to avoid intensive vegetation cleating within the shore impact zone 7 The applicant shall detelmine whether pelmits will be required from the RileyPurgatoryBluff Creek Watershed DistIict and Minnesota Department of Natural Resources for the project including the shoreline liprap All necessary permits shall be obtained and all conditions of approval should be met 8 Type III silt fence shall be provided during demolition and during construction on the lake side Type I silt fence shall be installed along the side propeliy lines Silt fence shall be removed when the construction is complete and the site has been revegetated 9 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 maximum timc an arca can rcmain unvegctatcd whcn arca is notactively bcing worked 7 Days 14 Days 21 Days 10 Tree protection fencing shall be installed around all trees to be preserved on site prior to any construction activity 11 A minimum of one tree shall be planted in the front yard setback area 6 269 Planning Commission Meeting May 17 2005 12 The areas beneath decks must either be sodded or landscaped with mulch or rock with a fabric liner All voted in favor and the motion carried unanimously with a vote of 5 to O PUBLIC HEARING REQUEST FOR A 5 FOOT VARIANCE FROM THE MINIMUM 10 FOOT SIDE YARD SETBACK TO BUILD A STORAGE SHED ON PROPERTY LOCATED AT 7450 CHANHASSEN ROAD APPLICANT TIMOTHY DIANE MCHUGH PLANNING CASE NO 0517 Josh Metzer presented the staff report on this item Papke In terms of the storage available on the site here the garage the dimensions are listed here I take it this is a two car garage is that correct That the occupant currently has Timothy McHugh Yes Papke Okay And is there any storage above maybe 111 hold this for the applicant Okay thats all I have Keefe Can you speak briefly to the other valiances that you found on that area of the lake Youve got 2 listed in here Is Hill Street nearby Metzer Yeah its to the southwest Keefe Oh I see it south of the property So there are a couple of them Metzer Hill Street is here Subject property is here Keefe Alright And then in terms of 27 foot front yard setback valiance Construction expansion of garage so that was actually going towards the street correct Metzer COlTect Keefe And then is that 1985 Is that what 1m looking at Okay 9 foot side yard setback Construction of a one car garage Okay And those are the only two that you found in regards to variances which have been granted along the sort of east and south of Lotus Lake Metzer Correct Keefe Okay And then another question what does the fire department say about access in regards to this 7 270 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site WINIci chan hassen mn us 1l MEMORANDUM TO Todd Gerhardt City Manager FROM Karen Engelhardt Office Manager DATE May 14 2007 SUBJ Approval of Temporary On Sale Liquor License Fourth of July Celebration Chanhassen Rotary Club Attached please find an application for a temporary on sale license from the Chanhassen Rotary Club The Rotary would like to sell wine strong beer and other malt beverages for example Mike s Hard Lemonade during the Fourth of July Celebration in City Center Park Beverages would be sold during the business fair and street dance on July 3rd and during the parade and other events on July 4th The Rotary has provided this service for the past few years without any incidents The Club is in the process of providing the city with a certificate of insurance for the event RECOMMENDATION Staff recommends approval of the Chanhassen Rotary Club s request to sell wine beer and other malt beverages at the annual Fourth of July festivities on July 3 4 2007 contingent upon receipt of the liquor liability insurance certificate Additionally it is recommended that the license fee be set at 1 Approval of this request requires a simple majority vote of those City Council members present ATTACHMENT 1 Application from Chanhassen Rotary Club g userkaren Iiquorrotary doc 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 play271 Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133 S1 Paul MN 55101 5133 651 201 7507 Fax 651 297 5259 TTY 651 282 6555 WWW DPS STATE MN US APPLICA nON AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON SALE LIQUOR LICENSE DATE ORGANIZED j9l CITY th l h S5tf BUSINESS PHONE l19 3GtJ APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL GAMBLING ENFORCEMENT CITY COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE Submit this form to the city or county 30 days prior to event Forward application signed by city and or county to the address above If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS 09079 05 06 272 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 952227 1110 Park Recreation Phone 952227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 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 wwwci chanhassen mn us i J TO Todd Gerhardt City Manager FROM Laurie Hokkanen Assistant City Manager JL DATE rMay92007 RE Release of land from contract for private redevelopment between the City of Chanhassen and Couer Terra LLP BACKGROUND The attorney for Couer Terra LLP Heartland America has requested that the City grant a release of land from their contracts for private redevelopment for their project Couer Terra LLP is in the process of refinancing their property and the lender is requiring the release The Gateway TIP District 6 was decertified in December of 2005 Couer Terra LLP received their last TIP payment in 2002 Staff has reviewed the files and finds the project complete and in compliance with the redevelopment contract It is therefore recommended that the City Council approve the attached Release RECOMMENDA TION Staff recommends that the Chanhassen EDA approve the attached Release of Land from Contracts for Private Redevelopment and Assessment Agreement Approval of this item requires a majority vote of the City Council The City otChanhassen 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 G AdminLH TIF Coeur Terra Staff Report doc 273 RELEASE OF LAND FROM CONTRACT FOR PRIVATE REDEVELOPMENT AND ASSESSMENT AGREEMENT Date 2007 KNOW ALL BY THESE PRESENTS that the real property in Carver County Minnesota legally described as follows Lot 1 Block 1 Arboretum Business Park is hereby released from all obligations terms and conditions found in the following documents 1 That certain Contract for Private Redevelopment by and between the City of Chanhassen a Minnesota municipal corporation and Chaska Gateway Partners Limited Partnership a Minnesota limited partnership dated September 15 1997 and recorded December 18 1997 in the Office of the Carver County Recorder as Document No 219932 subsequently assigned to Coeur Terra LLP a Minnesota limited liability partnership by that certain Assignment of Contract for Private Redevelopment dated January 12 1998 and recorded January 29 1998 in the Office of the Carver County Recorder as Document No 221630 and 131411vOl SRN 04 30 2007 1 274 2 That certain Assessment Agreement and Assessor s Certification by and among the City of Chanhassen a Minnesota municipal corporation and Chaska Gateway Partners Limited Partnership a Minnesota limited partnership dated September 16 1997 and recorded in the Office of the Carver County Recorder on December 18 1997 as Document No 21883 CITY OF CHANHASSEN By Thomas A Furlong Mayor By Todd Gerhardt City Manager STATEOFMINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of May 2007 by Thomas A Furlong and by Todd Gerhardt respectively the Mayor and City Manage 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 THIS INSTRUMENT WAS DRAFTED BY CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve Suite 317 Eagan Minnesota 55121 Telephone 651 452 5000 SRN ms 131411vOl SRN 0430 2007 2 275 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 FROM DATE SUBJ DISCUSSION ik Todd Gerhardt City Manager Paul Oehme Director of Public Works City Engineer 0 0May142007 Approve Professional Services Agreement with WSB Associates Inc PW009Z Staff is recommending approval of the professional service contract with WSB Associates Since WSB Associates is working on Lift Station No 3 it is advisable to have a master service agreement with this firm The agreement is standard for professional services who work for the City The agreement in general covers insurance indemnification fees and other basic service requirements The city attorney has reviewed the agreement and finds it acceptable The City 01 Chanhassen A growing communitv with clean Iakesjoualf tv sr hoolst a charmioo dowotowQ thrivino businesses winding trails and beautiful parks A great place to live work and playgengpaulmemosbKgUS40TappoveprofesslOna1svsagmfwsbdoc276 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS IS AN AGREEMENT made between the CITY OF CHANHASSEN a Minnesota municipal corporation in the Counties of Carver and Hennepin State of Minnesota hereinafter called the OWNER and WSB ASSOCIATES INC a Minnesota corporation hereinafter called the ENGINEER OWNER intends to secure professional engineering services subject to and according to the terms of this Agreement OWNER intends to secure professional consulting engineering architectural and or land survey services on an ongoing basis for multiple projects subject to and according to the terms of this agreement OWNER shall issue a project specific supplemental agreement or work order for each project which may by mutual agreement between OWNER and ENGINEER alter the terms of this agreement for a specific project SECTION lBASIC SERVICES OF ENGINEER 1 1 GENERAL 1 1 1 ENGINEER shall provide for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided These services will include serving as OWNER S professional engineering representative for the Project providing engineering consultation and advice and furnishing customary general municipal engineering land surveying wetlands and drainage and traffic and transportation engineering and other customary engineering services and architectural services thereto ENGINEER is an independent provider of professional engineering andor land surveying services responsible for means and methods used in performing ENGINEER S services pursuant to this Agreement 1 2 STUDY AND REPORT PHASE After written authorization to proceed ENGINEER shall if requested by OWNER in supplemental agreement 1 2 1 Consult with OWNER to clarify and defme OWNER S requirements for the Project review available data and attend necessary meetings and be available for general 129624vOl RNK O 1 23 2007 1 277 consultation A Service Planner will be prepared for each project to clarify roles and responsibilities of the OWNER and the ENGINEER 1 2 2 Advise OWNER as to the necessity of OWNER S providing or obtaining from others data or services of the types described in paragraph 3 3 and assist OWNER in obtaining such data and services 1 23 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities 1 24 Provide analyses of OWNER S needs planning surveys site evaluations and comparative studies of prospective sites and solutions 1 2 5 Provide a general economic analysis of OWNER S requirements applicable to various alternatives 1 2 6 The ENGINEER shall conduct and prepare preliminary studies layouts sketches preliminary field work preliminary cost estimates estimates of assessment rates and shall assist the OWNER in obtaining required subsurface investigations as required for the preparation of the Feasibility Reports The Feasibility Reports shall conform to the format presented in Appendix A of this Agreement The report shall contain schematic layouts sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved including applicable requirements of governmental authorities having jurisdiction as aforesaid and the alternative solutions available to OWNER and setting forth ENGINEER S fmdings and recommendations This Report will be accompanied by ENGINEER S opinion of probable costs for the Project including the following which will be separately itemized construction cost and indirect cost consisting of engineering costs and contingencies and on the basis of information furnished by OWNER allowances for such other items as charges of all other professionals and consultants for the cost of land and rights of way for compensation for or damages to properties for interest and fmancing charges and for other services to be provided by others for OWNER pursuant to paragraphs 3 7 through 311 inclusive The total of all construction and indirect costs are hereinafter called Total Project Costs 1 2 7 Furnish fifteen 15 copies of the Study and Report documents and review them in person with OWNER unless otherwise specified in the Supplemental Letter Agreement for the proj ect 1 2 8 The ENGINEER shall assist with presenting the Feasibility Reports to the proper reviewing agencies and to the City Council The ENGINEER shall appear at the public hearing to present the information 1 29624vOl RNK O123 2007 2 278 1 3 PRELIMINARY DESIGN PHASE After written authorization to proceed with the Preliminary Design Phase ENGINEER shall if requested by OWNER in supplemental agreement 1 3 1 In consultation with OWNER and on the basis of the accepted Study and Report documents determine the general scope extent and character of the Project attend necessary meetings and be available for general consultation 13 2 Prepare Preliminary Design documents consisting of final design criteria preliminary drawings outline specifications and written descriptions of the Project 1 33 Advise OWNER if additional data or services of the types described in paragraph 34 are necessary and assist OWNER in obtaining such data and services 1 34 Based on the information contained in the Preliminary Design documents submit a revised opinion of probable Total Project Costs 1 3 5 Furnish preliminary legal descriptions and exhibits for all permanent and temporary easements anticipated to construct the Project 1 3 6 Furnish three 3 copies of the above Preliminary Report documents and present and review them in person with OWNER 14 FINAL DESIGN PHASE After authorization to proceed with the Final Design Phase ENGINEER shall if requested by OWNER in supplemental agreement 14 1 On the basis of the accepted Preliminary Report documents and the revised opinion of probable Total Project Costs prepare for incorporation in the Bidding Documents fmal drawings to show the general scope extent and character of the work to be furnished and penormed by Contractor s hereinafter called Plans and Specifications 14 2 Provide technical criteria written descriptions and design data for use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project and assist OWNER in consultations with appropriate authorities The ENGINEER shall submit all applications and easement descriptions to the appropriate agencies and submit copies to the OWNER 1 29624vO 1 RNK Ol 23 2007 3 279 1 4 3 Provide legal descriptions and exhibits for all easements property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable Contractor s to proceed with their work 14 4 Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope extent or character or design requirements of the Project or Construction Costs Furnish to OWNER a revised opinion of probable Total Project Costs based on the Plans and Specifications 1 4 5 Prepare for review and approval by OWNER its legal counsel and other advisors contract agreement forms general conditions and supplementary conditions and where appropriate bid forms invitations to bid and instructions to bidders and assist in the preparation of other related documents 14 6 Attend necessary meetings and be available for general consultation 1 4 7 Furnish three 3 copies of the above documents and of the Plans and Specifications and present and review them in person with OWNER 14 8 The ENGINEER shall furnish one copy of all design calculations as requested by OWNER 1 5 BIDDING OR NEGOTIATING PHASE 1 5 1 The ENGINEER shall prepare and forward the Advertisement for Bids to the designated publications official newspaper and the OWNER The ENGINEER shall supply up to thirty 30 sets of full size final Plans and Specifications for use in obtaining bids and submitting for general review unless otherwise specified in the Supplemental Letter Agreement for the project The ENGINEER shall maintain a record of prospective bidders to whom Bidding Documents have been issued attend pre bid meetings and receive and process deposits for Bidding Documents 1 5 2 Issue addenda as appropriate to interpret clarify or expand the Bidding Documents 1 53 Consult with and advise OWNER as to the acceptability of subcontractors suppliers and other persons and organizations proposed by the primecontractor s herein called Contractor s for the portions of the work where acceptability is required by the Bidding Documents 129624vOl RNK OlI23 2007 4 280 1 54 Consult with and advise OWNER concerning and determining the acceptability of substitute materials and equipment proposed by Contractor s when substitution prior to the award of contracts is allowed by the Bidding Documents 1 5 5 Attend the bid opening prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction materials equipment and services 1 6 CONSTRUCTION PHASE During the Construction Phase 1 6 1 General Administration of Construction Contract ENGINEER shall consult with and advise OWNER and act as OWNER S representative All of OWNER S instructions to Contractor s will be issued through ENGINEER who will have authority to act on behalf of Owner to the extent provided in the General Conditions except as otherwise provided in writing The General Conditions shall not be modified without the written agreement of the OWNER 1 6 2 Visits to Site and Observation of Construction In connection with observations of the work of Contractor s while it is in progress 1 6 2 1 1 6 22 1 29624vOl RNK Ol 23 2007 ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as ENGINEER and OWNER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor s work In addition if requested by OWNER ENGINEER shall provide the services of a Resident Project Representative and assistants as agreed at the site to assist ENGINEER and to provide more continuous observation of such work Based on information obtained during such visits and on such observations ENGINEER shall endeavor to determine in general if the work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work The Resident Proj ect Representative and any assistants will be ENGINEER S agent or employee and under ENGINEER S supervision The duties and responsibilities of the Resident Project Representative and assistants are set forth in Appendix B Duties Responsibilities and Limitations of Authority of the Project Representative 5 281 1 62 3 1 62 4 The purpose of the ENGINEER S visits to and representation by the Resident Project Representative and assistants if any at the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase and in addition by exercise of ENGINEER S efforts as an experienced and qualified design professional to provide for OWNER a greater degree of confidence that the completed work of Contractor s will conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor s On the other hand ENGINEER shall not during such visits or as a result of such observations of Contractor s work in progress supervise direct or have control over Contractor s work nor shall ENGINEER have control or charge of and shall not be responsible for the Contractor s means methods techniques sequences or procedures of construction selected by Contractor s for safety precautions and programs incident to the work of Contractor s or for any failure of Contractor s to comply with laws rules regulations ordinances codes or orders applicable to Contractor s furnishing and performing their work Accordingly ENGINEER can neither guarantee the performance of the construction contracts by Contractor s nor assume responsibility for Contractor s failure to furnish and perform their work in accordance with the Contract Documents If ENGINEER observes or otherwise becomes aware of defects or deficiencies in the work or nonconformance to the Contract Documents ENGINEER shall promptly give written notice thereof to OWNER 1 63 Defective Work During such visits and on the basis of such observation ENGINEER may disapprove of or reject Contractor s work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents 1 64 Interpretations and Clarifications ENGINEER shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required for OWNER S approval 16 5 Shop Drawings ENGINEER shall review and approve or take other appropriate action in respect of Shop Drawings samples and other data which 1 29624vOI RNK Ol 23 2007 6 282 Contractor s are required to submit but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents Such reviews and approvals or other action shall not extend to means methods techniques sequences or procedures of construction or to safety precautions and programs incident thereto 1 6 6 Substitutes ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor s but subject to the provision of paragraph 2 2 2 1 6 7 Inspections and Tests ENGINEER shall have authority as OWNER S representative to require special inspection or testing of the work and shall receive and review all certificates of inspections testings and approvals required by laws rules regulations ordinances codes orders or the Contract Documents but only to determine generally that their content complies with the requirements of and the results certified indicate compliance with the Contract Documents ENGINEER shall be entitled to rely on the results of such tests 1 6 8 ENGINEER shall respond to all written claims submitted by Contractor in a timely fashion ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith 1 6 9 Applications for Payment Based on ENGINEER S on site observations as an experienced and qualified design professional on information provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules 1 6 9 1 I 29624vOl RNK O 1 23 2007 ENGINEER shall determine the amounts owing to Contractor s and recommend in writing payments to Contractor s in such amounts Such recommendations of payment will constitute a representation to OWNER based on such observations and review that the work has progressed to the point indicated and that to the best of ENGINEER S knowledge information and belief the quality of such work is generally in accordance with the Contract Documents subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation In the case of unit price work ENGINEER S recommendations of payment will include final determinations of quantities and classifications of such work subject to any subsequent adjustments allowed by the Contract Documents 7 283 1 6 9 2 By recommending any payment ENGINEER will not thereby be deemed to have represented that exhaustive continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor s work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents ENGINEER S review of Contractor s work for the purposes of recommending payment will not impose on ENGINEER responsibility to supervise direct or control such work or for the means methods techniques sequences or procedures of construction or safety precautions or programs incident thereto or Contractor s compliance with laws rules regulations ordinances codes or orders applicable to their furnishing and performing the work It will also not impose on ENGINEER responsibility to make any examination to ascertain how or for what purposes any Contractor has used the money paid on account of the Contract Price or to determine that title to any of the work materials or equipment has passed to OWNER free and clear of any lien claims security interests or encumbrances or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid 1 610 Contractor s Completion Documents ENGINEER shall receive and review maintenance and operating instructions schedules guarantees bonds and certificates of insurance tests and approvals which are to be assembled by Contractor s in accordance with the Contract Documents but such review will only be to determine that their content complies with the requirements of and in the case of certificates on inspection tests and approvals the results certified indicate compliance with the Contract Documents and shall transmit them to OWNER with written comments 1 6 11 Inspections ENGINEER shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that ENGINEER may recommend in writing final payment to Contractor s and any give written notice to OWNER and the Contractor s that the work is acceptable subject to any conditions therein expressed but any such recommendation and notice will be subject to the limitations expressed in paragraph 1 6 9 2 1 6 12 Limitation of Responsibilities ENGINEER shall not be responsible for the acts or omissions of any Contractor or of any subcontractor or supplier or any of the Contractor s or subcontractors or suppliers agents or employees of any other persons except ENGINEER S own employees and agents at the site or otherwise furnishing or perfonning any of the Contractor s work however nothing contained in paragraphs 1 61 through 1 611 inclusive shall be construed to release ENGINEER from liability for 1 29624vOl RNK O1 23 2007 8 284 failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents 1 7 OPERATIONAL PHASE During Operational Phase ENGINEER shall when requested by OWNER 1 7 1 Provide assistance in the closing of any financial or related transaction for the Project 1 7 2 Provide assistance in connection with the refining and adjusting of any equipment or system 1 73 Assist OWNER in training OWNER S staff to operate and maintain the Project Extensive training shall be mutually agreed upon within the Supplemental Agreement as Additional Services as defined in Section 2 of this agreement 1 74 Assist OWNER in developing systems and procedures for control of the operation and maintenance of and record keeping for the Project 1 7 5 Within ninety 90 days after completion of a Project prepare a set of reproducible record prints of Drawings showing those changes made during the construction process based on the marked up prints drawings and other data furnished by Contractor s to ENGINEER and which ENGINEER considered significant ENGINEER will not be responsible for any errors or omissions in the information provided by Contractor that is incorporated in the record drawings and record documents Final payment will be made only after record drawings are received by the OWNER 1 7 6 In company with OWNER visit the Project to observe any apparent defects in the completed construction assist OWNER in consultations and discussions with Contractor s concerning correction of such deficiencies and make recommendations as to replacement or correction of defective work 1 7 7 Assist OWNER in preparation of assessment roll for City improvement projects and attend assessment hearings SECTION 2 ADDITIONAL SERVICES OF ENGINEER 2 1 SERVICES REQUIRING AUTHORIZATION IN ADVANCE If authorized in writing by OWNER ENGINEER shall furnish or obtain from others Additional Services of the types listed in paragraphs 2 1 1 through 2 1 14 inclusive These services are not included as part of Basic Services except to the extent provided 1 29624vOl RNK O 123 2007 9 285 otherwise by attached Supplemental Agreement or Work Order and will be paid for by OWNER as indicated in Section 5 2 1 1 Preparation of applications and supporting documents in addition to those furnished under Basic Services for private or governmental grants loans or advances in connection with the Project preparation or review of environmental assessments and impact statements review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project 2 1 2 Review of developer s plats concept plans and assistance to developer in preparing a plat contract administration and construction observation of developer installed improvements review and fmalization of developer s construction record drawings and work performed in acquisition of easements 2 13 Field Services to make measured drawings of or to investigate existing conditions or facilities or to verify the accuracy of drawings or other information furnished to OWNER by others 2 14 Services resulting from significant changes in the general scope extent or character of the Project or its design including but not limited to changes in size complexity OWNER S schedule character of construction or method of fmancing and revising previously accepted studies reports design documents or Contract Documents when such revisions are required by changes in laws rules regulations ordinances codes or orders enacted subsequent to the preparation of such studies reports or documents or are due to any other causes beyond ENGINEER S control 2 1 5 Providing renderings or models for OWNER S use 2 1 6 Preparing documents for alternate bids requested by OWNER for Contractor s work which is not executed or documents for out of sequence work 2 1 7 Investigations and studies involving but not limited to detailed consideration of operations maintenance and overhead expenses providing value engineering during the course of design the preparation of feasibility studies cash flow and economic evaluations rate schedules and appraisals assistance in obtaining fmancing for the Project evaluating processes available for licensing assisting OWNER in obtaining process licensing detailed quantity surveys of material equipment and labor and audits or inventories required in connection with construction performed by OWNER 1 29624vO 1 RNK O 123 2007 10 286 2 1 8 Furnishing services of independent professional associates and consultants for other than Basic Services which include but are not limited to customary civil structural mechanical and electrical engineering and customary architectural design incidental thereto and providing data or services of the types described in paragraph 34 when OWNER employs ENGINEER to provide such data or services in lieu of furnishing the same in accordance with paragraph 3 4 2 1 9 Services during out of town travel required of ENGINEER other than visits to the site or OWNER S office as required by Section I 2 1 10 Assistance in connection with bid protests rebidding or renegotiating contracts for construction materials equipment or services except when such assistance is required to complete services called for in paragraph 6 2 2 5 2 1 11 Preparation of operating maintenance and staffmg manuals to supplement Basic Services under paragraph 1 73 2 1 12 Preparing to serve or serving as a consultant or witness for OWNER in any litigation arbitration or other legal or administrative proceeding involving the Project unless the ENGINEER is a defendant except for assistance in consultations which is included as part of Basic Services under paragraphs 1 23 and 14 2 2 1 13 Additional services in connection with the Project including services which are to be furnished by OWNER in accordance with Article 3 and services not otherwise provided for in this Agreement 2 2 REQUIRED ADDITIONAL SERVICES When required by the Contract Documents in circumstances beyond ENGINEER S control ENGINEER shall furnish or obtain from others as circumstances require during construction and without waiting for specific authorization from OWNER Additional Services of the types listed in paragraphs 2 2 1 through 2 2 6 inclusive These services are not included as part of Basic Services except to the extent provided otherwise by attached Supplemental Agreement or Work Order ENGINEER shall advise OWNER promptly after starting any such additional services which will be paid for by OWNER as indicated in Section 5 2 2 1 Services in connection with work directive changes and change orders to reflect changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered 2 2 2 Services in making revisions to Plans and Specifications occasioned by the acceptance of substitutions proposed by Contractor s and services after the award to 1 29624vO 1 RNK Ol 23 2007 11 287 each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor 2 23 Services resulting from significant delays changes or price increases occurring as a direct or indirect result of material equipment or energy shortages 22 4 Additional or extended services during construction made necessary by 1 work damaged by fIre or other cause during construction 2 a significant amount of defective or neglected work of any Contractor 3 acceleration of the progress schedule involving services beyond normal working hours and 4 default by any Contractor 2 2 5 Services other than Basic Services during the Operational Phase in connection with any partial use of any part of the Proj ect by OWNER prior to Substantial Completion 2 2 6 Evaluating an unreasonable or extensive number of claims submitted by Contractor s or others in connection with the work SECTION 3 0WNER S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER 31 Designate in writing a person to act as OWNER S representative with respect to the services to be rendered under this Agreement such person shall have complete authority to transmit instructions receive information interpret and define OWNER S policies and decisions with respect to ENGINEER S services for the Project 3 2 Provide criteria and information as to OWNER S requirements for the Project including design objectives and constraints space capacity and performance requirements flexibility and expandability and any budgetary limitations and furnish copies of design and construction standards OWNER will require to be included in the Plans and Specifications 33 Assist ENGINEER by placing at ENGINEER S disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Proj ect 34 Furnish to ENGINEER as required for performance of ENGINEER S Basic Services except to the extent provided otherwise by attached amendment the following 1 29624vOl RNK O1 23 2007 12 288 34 1 Data prepared by or services of others including without limitation borings probings and subsurface explorations hydrographic surveys laboratory tests and inspections of samples materials and equipment 34 2 Appropriate professional interpretations of all the foregoing 34 3 Environmental assessment and impact statements 34 4 Property boundary easement right of way topographic and utility surveys 34 5 Property descriptions 34 6 Zoning deed and other land use restrictions and 34 7 Other special data or consultations not covered in Section 2 all of which ENGINEER may use and rely upon in performing services under this Agreement 3 5 Provide engineering surveys or authorize ENGINEER to establish reference points for construction to enable Contractor s to proceed with the layout of the work 3 6 Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement 3 7 Examine all studies reports sketches Drawings Specifications proposals and other documents presented by ENGINEER Obtain advice of an attorney insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER 3 8 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project 3 9 Provide such accounting independent cost estimating and insurance counseling services as may be required for the Project such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor s such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the monies paid under the construction contract and such inspection services as OWNER 1 29624vO1 RNK O1 23 2007 13 289 may require to ascertain that Contractor s are complying with any law rule regulations ordinance code or order applicable to their furnishing and performing the work 310 If OWNER designates a person to represent OWNER at the site who is not ENGINEER or ENGINEER S agent or employee the duties responsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINEER and the Resident Project Representative and any assistants will be set forth in an exhibit that is to be identified attached to and made a part of this Agreement before such services begin 3 11 If more than one prime contract is to be awarded for construction materials equipment and services for the entire Project designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors 3 12 Furnish to ENGINEER data or estimated figures as to OWNER S anticipated costs for services to be provided by others for OWNER such as services pursuant to paragraphs 3 7 through 3 11 inclusive and other costs of the types referred to in paragraph 1 2 6 so that ENGINEER may make the necessary findings to support opinions of probable Total Project Costs 3 13 Attend the pre bid meeting bid opening pre construction meetings construction progress and other job related meetings and substantial completion inspections and final payment inspections 314 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope of timing of ENGINEER S services or any defect or nonconformance in the work of any Contractor 315 Furnish or direct ENGINEER to provide Additional Services as stipulated in paragraph 2 1 of this Agreement or other services as required 3 16 Bear all costs incident to compliance with the requirements of this Section 3 SECTION 4 PERIODS OF SERVICE 4 1 The provisions of Section 4 and the various rates of compensation for ENGINEER S services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase ENGINEER S obligation to render services hereunder will extend for a period which may reasonably be required for the design award of contracts construction and initial operation of the Project including extra work and required extensions thereto 1 29624vO 1 RNK Ol 23 2007 14 290 4 2 The services called for in the Study and Report Phase will be completed and the Report submitted within the agreed period after written authorization to proceed with that phase of services which will be given by OWNER 43 After acceptance by OWNER of the Study and Report Phase documents indicating any specific modifications or changes in the general scope extent or character of the Project desired by OWNER and upon written authorization from OWNER ENGINEER shall proceed with the performance of the services called for in the Preliminary Design Phase and shall submit preliminary design documents and a revised opinion of probable Total Project Costs within the agreed period 44 After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable Total Project Costs indicating any specific modifications or changes in the general scope extent or character of the Project desired by OWNER and upon written authorization from OWNER ENGINEER shall proceed with the performance of the services called for in the Final Design Phase and shall deliver Contract Documents and a revised opinion of probable Total Project Costs for all work of Contractor s on the Project within the agreed period 4 5 ENGINEER S services under the Study and Report Phase Preliminary Design Phase and Final Design Phase shall each be considered complete at the earlier of 1 the date when the submissions for that phase have been accepted by OWNER or 2 thirty 30 days after the date when such submissions are delivered to OWNER for fmal acceptance plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the design of the Project 4 6 After a ceptance by OWNER of the ENGINEER S Drawings Specifications and other Final Design Phase documentation including the most recent opinion of probable Total Project Costs and upon written authorization to proceed ENGINEER shall proceed with performance of the services called for in the Bidding or Negotiating phase This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractor s except as may otherwise be required to complete the services called for in paragraph 62 2 5 4 7 The Construction Phase will commence with the execution of the first prime contract to be executed for the work of the Project or any part thereof and will terminate upon written recommendation by ENGINEER of fmal payment on the last prime contract to be completed Construction Phase services may be rendered at different times in respect of separate plime contracts if the Proj ect involves more than one prime contract 1 29624vOl RNK 0l23 2007 15 291 4 8 The Operational Phase will commence during the Construction Phase and will terminate one year after the date of Substantial Completion as defined in the Contract Documents if the last prime contract for construction materials and equipment on which substantial completion is achieved 4 9 If OWNER has request for significant modifications or changes in the general scope extent or character of the Project the time of performance of ENGINEER S services shall be adjusted equitably 4 10 OWNER shall give prompt authorization to proceed or not proceed with any phase of services after completion of the immediately preceding phase 4 11 If ENGINEER S services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three 3 months for reasons beyond ENGINEER S control ENGINEER shall on written demand to OWNER but without termination of this Agreement be paid as provided in paragraph 53 2 If such delay or suspension extends for more than one year for reasons beyond ENGINEER S control or if ENGINEER for any reason is required to render Construction Phase services in respect of any prime contract for construction materials or equipment more than one year after Substantial Completion is achieved under that contract the various rates of compensation provided for elsewhere in this Agreement shall be subject to equitable adjustment 412 In the event that the work designed or specified by ENGINEER is to be furnished or performed under more than one prime contract or if ENGINEER S services are to be separately sequenced with the work of one or more prime contractors such as in the case of fast tracking OWNER and ENGINEER shall prior to commencement of the Final Design Phase develop a schedule for performance of ENGINEER S services during the Final Design Bidding or Negotiating and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate contracts SECTION 5 P A YMENTS TO ENGINEER 5 1 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF ENGINEER 5 1 1 For Basic Services OWNER shall pay ENGINEER for Basic Services rendered under Section I by one of the following methods or as specified by Supplemental Agreement or Work Order for each project 1 29624vO 1 RNK O 1 23 2007 16 292 5 1 1 1 5 1 1 2 5 1 1 3 The fee for all Basic Services except services of ENGINEER S Resident Project Representative and assistants furnished under paragraph 1 6 21 shall mean a fee based upon Schedule A Upon request of the OWNER the ENGINEER shall submit a written not to exceed cost for the Study and Report Phase If the project proceeds the amount paid for this phase will be deducted from the overall fee charged The maximum amount to be deducted will not exceed twenty percent 20 of the total possible fee for the project Resident Project Services For services of ENGINEER S Resident Project Representative and assistants furnished under paragraph 1 6 2 1 on the basis of Hourly Costs in accordance with Schedule B for services rendered by principals and employees assigned to resident Project representation 5 1 2 For Additional Services OWNER shall pay ENGINEER for Additional Services rendered under Section 2 as follows 5 1 2 1 5 1 22 General For Additional Services of ENGINEER S principals and employees engaged directly on the Project and rendered pursuant to paragraph 2 1 or 2 2 on the basis of ENGINEER S Hourly Costs in accordance with Schedule B Professional Associates and Consultants For services and Reimbursable Expenses of independent professional associates and consultants employed by ENGINEER to render Additional Services pursuant to paragraph 2 1 or 22 the amount billed to ENGINEER therefor times a factor of 1 0 unless otherwise specified in the Supplemental Agreement 51 3 For Reimbursable Expenses In addition to payments provided for in paragraphs 5 1 1 and 5 1 2 OWNER shall pay ENGINEER the actual costs of all Reimbursable Expenses incurred in connection with all Basic and Additional Services 5 1 4 As used in this paragraph 5 1 the terms Hourly Costs and Reimbursable Expenses have the meanings assigned to them in paragraph 54 and the term Construction Cost has the meaning assigned to it in paragraph 6 1 When Construction Cost is used as a basis for payment it will be based on one of the following sources with precedence in the order listed for work designed or specified by ENGINEER 5 14 1 1 29624vOl RNK O1 23 2007 F or completed construction work the total construction cost of all work performed as designed or specified by ENGINEER unless 17 293 otherwise specified in the Supplemental Agreement to include the mathematical average of the lowest two responsible bids received 5 1 4 2 For work designed or specified but not constructed the lowest bona fide bid received from a qualified bidder for such work or if the work is not bid the lowest bona fide negotiated proposal for such work 5 1 43 For work designed or specified but not constructed upon which no such bid or proposal is received the most recent estimate of Construction Cost or if none is available ENGINEER S most recent opinion of probable Construction Cost No deduction is to be made from Construction Costs on account of any penalty liquidated damages or other amounts withheld from payments to Contractor s 5 2 TIMES OF PAYMENTS 5 2 1 ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred The statements will be based upon ENGINEER S estimate of the proportion of the total services actually completed at the time of billing OWNER shall make prompt monthly payments in response to ENGINEER S monthly statements 5 2 2 Upon conclusion of each phase of Basic Services OWNER shall pay such additional amount if any as may be necessary to bring total compensation paid on account of such phase to the following percentages of total compensation payable for all phases of Basic Services Phase Percentage Study and Report Preliminary Design incl Field Surveys Final Design Bidding or Negotiating Construction Operational incl Record Drawings 10 40 28 2 10 10 100 5 23 ENGINEER shall comply with Minnesota Statute 471 425 ENGINEER must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of ENGINEER S receipt of payment from OWNER ENGINEER must pay interest of 1 5 percent per month or any part of a month to Subcontractor on any undisputed 1 29624vOl RNK O 123 2007 18 294 amount not paid on time to Subcontractor The minimum monthly interest penalty payment for an unpaid balance of 100 or more is 10 5 3 OTHER PROVISIONS CONCERNING PAYMENTS 53 1 If OWNER fails to make any payment due ENGINEER for services and expenses within thirty 30 days after receipt of ENGINEER S statement therefor the amounts due ENGINEER will be increased at the rate of one half percent 1 2 per month from said thirtieth day and in addition ENGINEER may after giving seven 7 days written notice to OWNER suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services expenses and charges 53 2 In the event of termination by OWNER under paragraph 71 upon the completion of any phase of the Basic Services progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services In the event of such termination by OWNER during any phase of the Basic Services ENGINEER will be paid for services actually and necessarily rendered during that phase by ENGINEER S principals and employees engaged directly on the Project on the basis of ENGINEER S Hourly Costs on Schedule B to date of termination In the event of any such termination ENGINEER also will be reimbursed for the reasonable charges of independent professional associates and consultants employed by ENGINEER to render Basic Services and paid for all unpaid Additional Services and unpaid reimbursables 5 3 3 Records of ENGINEER S Hourly Costs pertinent to ENGINEER S compensation under this Agreement will be kept in accordance with generally accepted accounting principles Copies will be made available to OWNER at cost on request prior to fmal payment for ENGINEER S services 53 4 Whenever a factor is applied to Hourly Costs in determining compensation payable to ENGINEER that factor will be adjusted periodically and equitably to reflect changes in the various elements that comprise such factor All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER S overall compensation practices and procedures 54 DEFINITIONS 54 1 The Hourly Costs used as a basis for payment mean salaries and wages basic and incentive paid to all ENGINEER S personnel engaged directly on the Project including but not limited to engineers architects surveyors designers draftsmen specification writers estimators other technical and business personnel plus the cost of 1 29624vO 1 RNK 0l23 2007 19 295 customary and statutory benefits including but not limited to social security contributions unemployment excise and payroll taxes workers compensation health and retirement benefits sick leave vacation and holiday and other group benefits For the purposes of this Agreement the principals of ENGINEER and their Hourly Costs are as shown on Schedule B The Hourly Costs of principals of ENGINEER will be adjusted equitably to reflect changes in personnel and in ENGINEER S overall compensation procedures and practices 54 2 Reimbursable Expenses means the actual reasonable expenses incurred by ENGINEER or ENGINEER S independent professional associates or consultants directly or indirectly in connection with the Project such as expenses for transportation and subsistence incidental thereto obtaining bids or proposals from Contractor s providing and maintaining field office facilities including furnishings and utilities subsistence and transportation of Resident Project Representatives and their assistants toll telephone calls and telegrams reproduction of reports Drawings Specifications Bidding Documents and similar Project related items in addition to those required under Section 1 and if authorized in advance by OWNER overtime work requiring higher than regular rates SECTION 6 CONSTRUCTION COST AND OPINIONS OF COST 6 1 CONSTRUCTION COST The construction cost of the entire Project herein referred to as Construction Cost means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER but it will not include indirect costs such as ENGINEER S compensation and expenses the cost of land rights of way or compensation for or damages to properties unless this Agreement so specifies nor will it include OWNER S legal accounting insurance counseling or auditing services or interest and fmancing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER pursuant to paragraphs 3 7 through 311 inclusive Construction Cost is one of the items comprising Total Project Cost which is defmed in paragraph 1 2 6 6 2 OPINIONS OF COST 6 2 1 Since ENGINEER has no control over the cost of labor materials equipment or services furnished by others or over the Contractor s methods of determining prices or over competitive bidding or market conditions ENGINEER S opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER S experience and qualifications and represent ENGINEER S best judgment as an experienced and qualified professional engineer familiar with the construction industry but ENGINEER cannot and does not guarantee that proposals bids or actual Total Project or Construction Costs will not vary from 1 29624vOl RNK O 1 23 2007 20 296 opinions of probable cost prepared by ENGINEER If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs OWNER shall employ an independent cost estimator as provided in paragraph 3 9 6 2 2 If a Construction Cost limit is established by a written agreement between OWNER and ENGINEER and specifically set forth in this Agreement as a condition thereto the following will apply 6 2 2 1 62 2 2 62 23 6 2 24 6 22 5 1 29624vOl RNK 0 l23 2007 The acceptance by OWNER at any time during the Basic Services Additional Services of a revised opinion of probable Total Project or Construction Costs in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion Any Construction Cost so established will include a contingency of ten percent 10 unless another amount is agreed upon in writing ENGINEER will be permitted to determine what types of materials equipment and component systems are to be included in the Plans and Specifications and to make reasonable adjustments in the general scope extent and character of the Project to bring it within the cost limit If the Bidding or Negotiating Phase has not commenced within six 6 months after completion of the Final Design Phase the established Construction Cost limit will not be binding on ENGINEER and OWNER shall consent to an adjustment in such cost limit commensurate with an applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought If the lowest bona fide proposal or bid exceeds the established Construction Cost limit OWNER shall 1 give written approval to increase cost limit 2 authorize negotiating or rebidding the Project within a reasonable time or 3 cooperate in revising the Project s general scope extent or character to the extent consistent with the Project s requirements and with sound engineering practices In the case of 3 ENGINEER shall modify the Contract Documents as necessary to bring the Construction Cost within the cost limits In lieu of other compensation for services in making such modifications OWNER shall pay ENGINEER ENGINEER S Reimbursable Expenses but without profit to ENGINEER on 21 297 account of such services The providing of such service will be the limit of ENGINEER S responsibility in this regard and having done so ENGINEER shall be entitled to payment for services in accordance with this Agreement and will not otherwise be liable for damages attributable to the lowest bona fide proposal or bid exceeding the established Construction Cost SECTION 7 GENERAL CONSIDERATION 7 1 TERMINATION The obligation to provide further services under this Agreement may be terminated by OWNER without cause upon two 2 days written notice to the ENGINEER 7 2 REUSE OF DOCUMENTS All documents including Plans and Specifications prepared or furnished by ENGINEER and ENGINEER S independent professional associates and consultants pursuant to this Agreement are instruments of service in respect of the Project and the OWNER will be provided with original record drawing copies for information and reference in connection with the use and occupancy of the Project by OWNER and others however such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER S sole risk 7 3 MINNESOTA GOVERNMENT DATA PRACTICES ACT The ENGINEER must comply with the Minnesota Government Data Practices Act Minnesota Statutes Chapter 13 as it applies to 1 all data provided by the City pursuant to this Agreement and 2 all data created collected received stored used maintained or disseminated by the ENGINEER pursuant to this Agreement The ENGINEER is subject to all the provisions of the Minnesota Government Data Practices Act including but not limited to the civil remedies of Minnesota Statutes Section 13 08 as if it were a government entity In the event the ENGINEER receives a request to release data the ENGINEER must immediately notify the OWNER The OWNER will give the ENGINEER instructions concerning the release of the data to the requesting party before the data is released ENGINEER agrees to defend indemnify and hold the OWNER its officials officers agents employees and volunteers harmless from any claims resulting from ENGINEER S officers agents owners partners employees volunteers assignees or subcontractors unlawful disclosure andor use of protected data The terms of this paragraph shall survive the cancellation or termination of this Agreement 129624vOl RNK 0l23 2007 22 298 74 INSURANCE 74 1 ENGINEER shall secure and maintain such insurance as will protect ENGINEER from claims under the Worker s Compensation Acts and from claims for bodily injury death or property damage which may arise from the performance of services under this Agreement Such general liability insurance shall be written for amounts not less than the following Bodily Injury General Automobile General Automobile 1 000 000 Each Person 1 000 000 Each Occurrence Property Damage General Automobile General 1 000 000 Each Occurrence 1 000 000 Aggregate The OWNER shall be named as an additional insured on the policy 74 2 Professional Liability Insurance The ENGINEER shall secure and maintain a professional liability insurance policy Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the OWNER in the insured s capacity as ENGINEER if such legal liability is caused by an error omission or negligent act of the insured or any person or organization for whom the insured is legally liable Said policy shall provide minimum limits of 1 000 000 with a deductible maximum of 125 000 and shall state that such insurance cannot be cancelled until thirty 30 days after the OWNER has received written notice upon request of the insurer s intention to cancel this insurance The OWNER shall be named as an additional insured on the policy 74 3 Before commencing work the ENGINEER shall provide the OWNER a certificate of insurance evidencing the required insurance coverage in a form acceptable to OWNER 7 5 INDEMNIFICATION The ENGINEER agrees to the fullest extent permitted by law to indemnify and hold OWNER harmless from any damage liability or cost including reasonable attorney s fees and costs of defense to the extent caused by ENGINEER s negligent acts errors or omissions in the performance of professional services under this Agreement and those of his or her subcontractors or anyone for whom the ENGINEER is liable 129624vOl RNK O 123 2007 23 299 7 6 CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota 7 7 SUCCESSORS AND ASSIGNS 7 7 1 OWNER and ENGINEER each is hereby bound and the partners successors executors administrators and legal representatives of OWNER and ENGINEER and to the extent permitted by paragraph 7 6 2 the assigns of OWNER and ENGINEER are hereby bound to the other party to this Agreement and to the partners successors executors administrators and legal representatives and said assigns of such other party in respect of all covenants agreements and obligations of this Agreement 7 7 2 Neither OWNER nor ENGINEER shall assign sublet or transfer any rights under or interest in including but without limitation monies that may become due or monies that are due this Agreement without the written consent of the other except to the extent that any assignment subletting or transfer is mandated by law or the effect of this limitation may be restricted by law Unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the perfonnance of services hereunder 7 73 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and ENGINEER and not for the benefit of any other party 7 8 COPYRIGHT Copyright or Patent Infringement ENGINEER shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs Drawings or Specifications supplied by it and it shall hold harmless the OWNER from loss or damage resulting therefrom 7 9 MEDIATION 7 9 1 In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project the OWNER and ENGINEER agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties agree otherwise 1 29624vOl RNK O1 23 2007 24 300 The OWNER and ENGINEER further agree to consider including a similar mediation provision in all agreements with independent contractors and consultants retained for the proj ect and to require all independent contractors and consultants also to include a similar provision in all agreements with subcontractors subconsultants suppliers or fabricators so retained SECTION 8 SPECIAL PROVISIONS EXHIBITS AND SCHEDULES 8 1 The following exhibits are attached to and made a part of this Agreement 8 1 1 Schedule A Fee Schedule for Basic Services 8 1 2 Schedule B Per Diem Hourly Rate Schedule for Additional Services 8 1 3 Appendix A Feasibility Report Outline 8 14 Appendix B Duties Responsibilities and Limitations of Authority of the Resident Project Representative 82 This Agreement together with the Appendix and Schedules identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior written or oral understandings This Agreement Appendix and Schedules may only be amended supplemented modified or cancelled by a duly executed written instrument The remainder of this page has been intentionally left blank Signature pages follow 1 29624vOl RNK Ol 23 2007 25 301 IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written Its Mayor ENGINEER WSB ASSOCIATES INC BY Its P iu iJa OWNER CITY OF CHANHASSEN BY AND Its City Manager Clerk ADDRESS FOR GIVING NOTICES ADDRESS FOR GIVING NOTICES Chanhassen City Hall 7700 Market Boulevard P O Box 147 Chanhassen Minnesota 55317 1 29624vO 1 RNK O 1 23 2007 26 302 1 29624vOl RNK Ol 23 2007 SCHEDULE A FEE SCHEDULE FOR BASIC SERVICES To Be Supplied by Consultant 27 303 A WSB 2007 Rate Schedule Associates Inc Billing Rate Hour Principal Associate Sr Project Manager Project Manager II Project ManagerEngineering Specialist III Registered EngineerRegistered Land SurveyorEngineering Specialist II Project EngineerEngineering Specialist I Sr Construction Observer Engineering Technician V Construction Observer Grad Engineer Engineering Technician IV Scientist III Engineering Technician IIUScientist II Engineering Technician IUScientist I Engineering Technician I Office Technician II Office Technician I Survey Two Person Crew GPS Crew Survey Three Person CrewExpanded GPS Crew 130 00 122 00 117 00 109 00 102 00 93 00 83 00 74 00 66 00 60 00 55 00 48 00 61 00 32 00 136 00 162 00 Costs associated with word processing vehicle mileage cellphones reproduction of common correspondence and mailing are included in the above hourly rates Reimbursable expenses include costs associated with plan specification and report reproduction permit fee delivery cost etc Rate Schedule is adjusted annually 304 SCHEDULE B PER DIEM HOURLY RATE SCHEDULE FOR ADDITIONAL SERVICES To Be Supplied by Consultant e c lo S eJvle J t17qJt 129624vOl RNK O 1 23 2007 28 305 APPENDIX A FEASIBILITY REPORT OUTLINE I THE REPORT SHALL CONTAIN ALL THE INFORMATION OPINIONS AND CONCLUSIONS REQUIRED BY MINN STAT 429 031 II COVER A Project Number B Brief Project Description and Location C Date D Engineering Firm Preparing Report E Professional Engineer s Certification III REPORT A Proj ect History I Feasibility Report Initiation a Petitions Received b Dates of City Council Action 2 Previous Reports with Estimated Costs a Assessment in Software b Environmental Issues c Traffic 3 Previous Action A I306 B Description of Construction Elements 1 Sanitary Sewer 2 Watermain 3 Storm Sewer 4 Streets 5 Street Lighting 6 Other 7 Etc a Alternates for Each Element b Details Unique to the Project I Constraints 2 Effects on Overall Systems 3 Alternatives C Maintenance Impact 1 Unusual Maintenance Requirements 2 Operations and Maintenance Cost of Alternates D General Estimated Costs I Breakdown of Each Element project to time of construction a Sanitary b Watermain c Etc A 2 307 E Right of Way and Easements 1 General Description of Possible Easements 2 Cost Estimates for Easements F Financing I Special Assessments 2 State Aid 3 County Aid 4 Effects on City Accounts a Sanitary Sewer Trunk Account b Water Trunk Source and Storage Accounts G Projected Timetable 1 Public Hearing 2 Plans and Specifications 3 Advertising Requirements 4 Bid Receipt Date 5 Anticipated Construction Schedule 6 Anticipated Assessment Date H Non Petitioning Properties Affected I Estimated Assessments 1 Rates 2 Maps and Drawings Showing Benefited Areas 3 Legal Descriptions of Benefited Area as Required by State Statute for Public Hearing Notice A 3 308 4 Preparation of Preliminary Assessment Roll 5 Assessment Analysis for Typical Property J Controversial Aspects 1 Unusually High Assessment Rates 2 BuildablelNon buildable Property Involved 3 Percentage PetitionedNon petitioned K Conclusion I Statement L Recommendations A 4 309 APPENDIX B DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative RPRn assistants and other field staff to assist ENGINEER in monitoring performance of the work of Contractor s Through more extensive on site observations of the work in progress and field checks of materials and equipment by the RPR and assistants ENGINEER shall provide further protection for OWNER against defects and deficiencies in the work of Contractor s but the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means methods techniques sequences or procedures or for safety precautions or programs or responsibility for Contractor s failure to perform the work in accordance with the Contract Documents and in particular the specific limitations set forth in paragraph 1 6 of the Agreement are applicable The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER S agreement with the OWNER and in the construction Contract Documents and are further limited and described as follows A GENERAL RPR is ENGINEER S agent at the site will act as directed by and under the supervision of ENGINEER and will confer with ENGINEER regarding RPR s actions RPR s dealings in matters pertaining to the on site work shall in general be with ENGINEER and Contractor s keeping OWNER advised as necessary RPR s dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor s RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER B DUTIES AND RESPONSIBILITIES OF RPR 1 Schedules Review the progress schedule schedule of Shop Drawing submittals and schedule of values prepared by Contractor s and consult with ENGINEER concerning acceptability B 1 310 2 Conferences and Meetings Attend meetings with Contractor s such as pre construction conferences progress meetings job conferences and other Project related meetings and prepare and circulate copies of minutes thereof 3 Liaison a Serve as ENGINEER S liaison with Contractor s working principally through Contractor s superintendent and assist in understanding the intent of the Contract Documents and assist ENGINEER in serving as OWNER S liaison with Contractor s when Contractor s operations affect OWNER S on site operations b Assist in obtaining from OWNER additional details or information when required for proper execution of the work 4 Shop Drawings and Samples a Record date of receipt of Shop Drawings and samples b Receive samples which are furnished at the site by Contractor s and notify ENGINEER of availability of samples for examination c Advise ENGINEER and Contractor s of the commencement of any work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER 5 Review of Work Rejection of Defective Work Inspections and Tests a Conduct on site observations of the work in progress to assist ENGINEER in determining if the work is in general proceeding in accordance with the Contract Documents b Report to ENGINEER whenever RPR believes that any work is unsatisfactory faulty or defective or does not conform to the Contract Documents or has been damaged or does not meet the requirements of any inspection test or approval required to be made and advise ENGINEER of work that RPR believes should be corrected or rejected or should be uncovered for observation or requires special testing inspection or approval B 2 311 c Verify that tests equipment and systems start ups and operating and maintenance training are conducted in the presence of appropriate personnel and that Contractor s maintain adequate records thereof and observe record and report to ENGINEER appropriate details relative to the test procedures and start ups d Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project record the results of these inspections and report to ENGINEER 6 Interpretation of Contract Documents Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor s clarifications and interpretations as issued by ENGINEER 7 Modifications Consider and evaluate Contractor s suggestions for modifications in Drawings or Specifications and report with RPR s recommendations to ENGINEER Transmit to Contractor s decisions as issued by ENGINEER 8 Records a Maintain at the job site orderly files for correspondence reports of job conferences Shop Drawings and samples reproductions of original Contract Documents including all Work Directive Changes Addenda Change Orders Field Orders additional Drawings issued subsequent to the execution of the Contract ENGINEER S clarifications and interpretations of the Contract Documents progress reports and other Project related documents b Keep a diary or log book recording Contractor s hours on the job site weather conditions data relative to questions of Work Directive Changes Change Orders or changed conditions list of job site visitors daily activities decisions observations in general and specific observations in more detail as in the case of observing test procedures and send copies to ENGINEER c Record names addresses and telephone numbers of all Contractor s subcontractors and major suppliers of materials and equipment 9 Reports B 3 312 a Furnish ENGINEER periodic reports as required of progress of the work and of Contractor s compliance with the progress schedule and schedule of Shop Drawing and sample submittals b Consult with ENGINEER in advance of scheduled major tests inspections or start of important phases of the work c Draft proposed Change Orders and Work Directive Changes obtaining backup material from Contractor s and recommend to ENGINEER Change Orders Work Directive Changes and Field Orders d Report immediately to ENGINEER and OWNER upon the occurrence of any accident 10 Payment Requests Review applications for payment with Contractor s for compliance with the established procedure for their submission and forward with recommendations to ENGINEER noting particularly the relationship of the payment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in the work 11 Certificates Maintenance and Operation Manuals During the course of the work verify that certificates maintenance and operation manuals and other data required to be assembled and furnished by Contractor s are applicable to the items actually installed and in accordance with the Contract Documents and have this material delivered to ENGINEER for review and forwarding to OWNER prior to mal payment for the work 12 Completion a Before ENGINEER issues a Certificate of Substantial Completion submit to Contractor s a list of items requiring completion or correction b Conduct final inspection in the company of ENGINEER OWNER and Contractor s and prepare a final list of items to be completed or corrected c Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance B 4 313 c LIMITATIONS OF AUTHORITY Resident Project Representative 1 Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment unless authorized by ENGINEER 2 Shall not exceed limitations of ENGINEER S authority as set forth in the Agreement or the Contract Documents 3 Shall not undertake any of the responsibilities of Contractor s subcontractors or Contractor s superintendent 4 Shall not advise on issue directions relative to or assume control over any aspect of the means methods techniques sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents 5 Shall not advise on issue directions regarding or assume control over safety precautions and programs in connection with the work 6 Shall not accept Shop Drawing or sample submittals from anyone other than Contractor s 7 Shall not authorize OWNER to occupy the Project in whole or in part 8 Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER B 5 314 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952227 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 952227 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 952227 1110 Web Site www ci chanhassen mn us ti MEMORANDUM TO Todd Gerhardt City Manager FROM Paul Oehme Dir of Public Works City Engineer o DATE May 14 2007 SUBJ TH 312 212 Project No 03 09 Approve Agreement for Temporary Batch Plant REQUESTED ACTION Approve agreement with Progressive Contractors Incorporated PCI BACKGROUND ZRC the contractor for the 312212 construction project has hired Progressive Contractors Incorporated PCI a concrete paving company to pave the mainline lanes and ramps The volume of concrete needed for this type of work requires a temporary batch plant This plant was setup in Eden Prairie for last year s paving operation PCI has identified an area at the northwest quadrant of new Powers Boulevard and TH 212 as the preferred location The site is a 300 x 500 foot section located along the northern border in the northeast quadrant of the Fox parcel as shown on the attached site plan map The property owner will need to work out an agreement separately with PCI for the use of their land This agreement is not valid unless PCI has an agreement with the property owner for use of the land This area is centrally located for the 2007 and 2008 work and away from residential properties Staff has reviewed at the application which included traffic estimates noise estimates site grading erosion control and restoration plan and finds it acceptable The City will be billing PCI for the water usage for the batch plant at the bulk rate of 4 00 per thousand gallons Attachments 1 Agreement 2 Site Plan Map 3 Batch Plant Site Layout 4 Storm Water Pollution Prevention Plan c Joe Matchey Progressive Contractors Incorporated Jeff Fox g eng th 312 051407 approve agreement for batch p1ant doc 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 play315 CITY OF CHANHASSEN SPECIAL PROVISIONS SITE PLAN AGREEMENT THIS AGREEMENT this Site Plan Agreement dated May 2007 by and between the CITY OF CHANHASSEN a Minnesota municipal corporation the City and PROGRESSIVE CONTRACTORS IN CORPORATED a Minnesota corporation the Contractor 1 Request for Approval The Contractor has asked the City to approve an interim use permit site plan and grading plan for a temporary concrete batch plant associated with the construction of Highway 212 as described more fully in the submittals referenced herein The subject site is a portion of a parcel PID 250230300 owned by Fox Properties LP 27990 Smithtown Road Excelsior MN The site is a 300 by 500 foot section located along the northern border in the northeast quadrant of the Fox parcel as shown on the attached site plan maps and is legally described as the N Y2 SE 114 Section 23 T116N R23W 2 Conditions of Site Plan Approval The City hereby approves the site plan on condition that the Contractor enters into this Site Plan Agreement and furnishes the security required by it The Contractor must work out an agreement with the property owner for use of the land The Contractor must obtain and comply with all necessary permits from other local state and federal agencies and including but not limited to Property Owner NPDES Watershed District and applicable road permits 3 Development Plans The project shall be developed and maintained in accordance with the following plans as modified in accordance with applicable provisions of the Other Special Conditions set forth in Section 7 hereof the plans it being agreed that certain of the permits required in such Other Special Conditions may not in fact be needed The plans shall not be attached to this Site Plan Agreement If the plans vary from the written terms of this Site Plan Agreement the written terms shall control The plans are Plan A Submittal for Temporary Concrete Plant Fox Properties Site Powers Blvd submitted by Joe Matchey Progressive Contractors Inc 131461vOl JJJ 05 0 l 2007 SP l 316 Plan B Grading Plan Submittal Fox Properties Site Powers Blvd submitted by Joe Matchey Progressive Contractors Inc 4 Time of Performance The Contractor may use the site as proposed in Plans A and B until completion of the Highway 212 project or until November 1 2008 and the site must be cleaned up and restored on or before December 1 2008 The Contractor may however request an extension of time from the City If an extension is granted it shall be conditioned upon updating the security posted by the Contractor to reflect cost increases and the extended completion date 5 Security To guarantee compliance with the terms of this Site Plan Agreement the Contractor shall furnish the City with a letter of credit from a bank cash escrow or equivalent security for 12 400 00 Erosion Control and Landscaping This amount has been calculated at a rate of 110 of the actual value of improvement The City will release the security posted for each of the items in accordance with the City Code 6 Notices Required notices to the Contractor and Owner shall be in writing and shall be either hand delivered to the Contractor and Owner their employees or agents or mailed to the Contractor and Owner by registered mail at the following address Joe Matchey Progressive Contractors Incorporated 14123 42nd NE St Michael MN 55376 Telephone 612 716 5531 e mail imatchey@peiroads com Jeff Fox Fox Properties 27990 Smithtown Road Excelsior MN 55331 Telephone 952 443 2811 Notices to the City shall be in writing and shall be either hand delivered to the City Manager or mailed to the City by registered 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 7 Other Special Conditions At the time of completion of this temporary use the owner may apply for an amendment to the approved restoration plan identified herein by application for a grading or interim use permit 8 General Conditions The general conditions of this Site Plan Agreement are attached as Exhibit A and incorporated herein 131461vOl JJJ 05 0 12007 SP 2 317 CITY OF CHANHASSEN BY SEAL AND 131461 vOl JJJ 05 0 1 2007 sp 3 Thomas A Furlong Mayor Todd Gerhardt City Manager 318 STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2007 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 PROGRESSIVE CONTRACTORS INCORPORA TED BY Its STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this 2007 by the Progressive Contractors Incorporated a Minnesota corporation on behalf of the corporation day of of NOTARY PUBLIC DRAFTED BY Campbell Knutson Professional Association 1380 Corporate Center Curve 317 Eagandale Office Center Eagan Minnesota 55121 Telephone 651 452 5000 JJJ 131461vOl JJJ 05 01l2007 SP 4 319 FEE OWNER CONSENT TO SITE PLAN AGREEMENT FOX PROPERTIES LP a Minnesota limited partnership fee owner of the property described in the foregoing Site Plan Agreement hereby joins in and consents to the provisions of the Site Plan Agreement Dated this day of 2007 FOX PROPERTIES LP By Its STATEOFMINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2007 by the Fox Properties LP a Minnesota limited partnership on behalf of the partnership of NOTARY PUBLIC 131461vOl JJJ 05 0l2007 sp 5 320 CITY OF CHANHASSEN SITE PLAN AGREEMENT EXHIBIT B GENERAL CONDITIONS 1 Right to Proceed Within the site plan area the Contractor may not grade or otherwise disturb the earth remove trees construct improvements or any buildings until all the following conditions have been satisfied 1 Site Plan 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 and 3 the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Contractor may proceed 2 Maintenance of Site The site shall be maintained in accordance with the approved site plan Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced 3 License The Contractor hereby grants the City its agents employees officers and contractors a license to enter the site to perform all work and inspections deemed appropriate by the City in conjunction with site plan development 4 Erosion Control Before the site is rough graded the erosion control plan shall be reviewed and approved by the City The City may impose additional erosion control requirements if the City determines they would be beneficial All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area Except as otherwise provided in the erosion control plan seed shall be certified seed to provide a temporary ground cover as rapidly as possible All seeded areas shall be fertilized mulched and disc anchored as necessary for seed retention The parties recognize that time is of the essence in controlling erosion If the Contractor does not comply with the erosion control plan and schedule or supplementary instructions received from the City the City may take such action as it deems appropriate to control erosion at the Contractor s expense The City will endeavor to notify the Contractor in advance of any proposed action but failure of the City to do so will not affect the Contractor s and City s rights or obligations hereunder Erosion control shall be maintained until vegetative cover has been restored After the site has been stabilized to where in the opinion of the City there is no longer a need for erosion control the City will authorize removal of the erosion control measures After the batch plant is removed the site shall be restored as close to its original condition seeded and mulched 5 Clean up The Contractor shall maintain a neat and orderly work site and shall daily clean on and off site dirt and debris including blowing materials from streets and the surrounding area that has resulted from construction work by the Contractor its agents or assigns 6 Responsibility for Costs A The Contractor 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 site 131461vOI JJJ 05 0 l2007 GC l 321 plan approval and development The Contractor 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 B The Contractor shall reimburse the City for costs incurred in the enforcement of this Permit including engineering and attorneys fees C The Contractor shall pay in full all bills submitted to it by the City for obligations incurred under this agreement including water bills within thirty 30 days after receipt If the bills are not paid on time the City may halt all plat development work and construction Bills not paid within thirty 30 days shall accrue interest at the rate of 8 per year 7 Contractor s Default In the event of default by the Contractor as to any of the work to be performed by it hereunder the City may at its option perform the work and the Contractor shall promptly reimburse the City for any expense incurred by the City provided the Contractor is first given notice of the work in default not less than four 4 days in advance This Site Plan Agreement 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 8 Miscellaneous A Construction Trailers Placement of on site construction trailers equipment and temporary job site offices shall be approved by the City Engineer B Permit Third Parties Third parties shall have no recourse against the City under this C Breach of Contract Breach of the terms of this Permit by the Contractor shall be grounds for denial of building permits D Severability If any portion section subsection sentence clause paragraph or phrase of this Permit is for any reason held invalid such decision shall not affect the validity of the remaining portion of this Site Plan Agreement E Waivers Amendments The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Site Plan Agreement 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 Site Plan Agreement shall not be a waiver or release F Remedies Each right power or remedy herein conferred upon the City is cumulative and in addition to every other right power or remedy express 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 131461vOl JJJ 05 0 1 2007 GC 2 322 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 1 Construction Hours The normal construction hours under this Site Plan Agreement shall be from 7 00 a m to 7 00 p m on weekdays and Saturdays with no such activity allowed on Sundays or any recognized legal holidays Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval K Soil Treatment Systems If soil treatment systems are required the Contractor 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 site plan 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 abuilding permit L Compliance with Laws Ordinances and Regulations In the temporary use of the property pursuant to this Site Plan Agreement the Contractor shall comply with all laws ordinances and regulations of the following authorities to the extent any of the same have jurisdiction over the work 1 City of Chanhassen 2 State of Minnesota its agencies departments and commissions 3 United States Army Corps of Engineers 4 Watershed District 5 Metropolitan Government its agencies departments and commissions M Proof of Occupancy Upon request the Contractor shall furnish the City with evidence satisfactory to the City that it has the authority to use the site from the Owner N Soil Conditions The Contractor 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 Contractor may make use of such property The Contractor 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 O Soil Correction The Contractor shall be responsible for soil correction work on the property The City makes no representation to the Contractor concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist 131461vOl JJJ 05 0 1 2007 Gc 3 323 95 1 J yman BlvJ Temporary Batch 0 Plant Location Park N W E S g eng th 312 batch plant location i I J 324 8 ii t 1Q b i t l4 b l o o n i 1l 8 e 0IT1 rv nl v Nx syl e 1 lI r i 0 l 3 325 Storm Water Pollution Prevention Plan USH 212 Concrete Batch Plant Site Fox Properties Parcel Powers Blvd City of Chanhassen MN 326 1 Introduction This Storm Water Pollution Prevention Plan is submitted for a temporary concrete batch plant site The site will be used for the Minnesota Department of Transportation USH 212 project The site is located on Powers Blvd in the City ofChanhassen MN 2 Description of Activity The majority of the work on the site consists of preparing the site This will entail stripping topsoil and storing it in berms along the perimeter of the site Upon completion of the topsoil removal the site will be covered with a crushed aggregate to facilitate truck traffic Once the base course is complete the concrete batch plant will be placed Aggregates will be hauled and stock piled at the west end of the site Once the preparatory work is complete the next operation will be the production of the concrete This will involve mainly truck traffic There will be trucks hauling aggregate cement and fly ash to the site and truck hauling concrete from the site to the project Upon completion ofthe project the concrete plant will be removed and the site will be restored to the original state which is a plowed agricultural field 3 Chain of Responsibility The inspection and maintenance of erosion and sediment control devices will be the responsibility of all persons working on the site The primary responsibility will fall on the Plant Foreman Cory Krohn In the event that Mr Krohn is not available the Paving Superintendent will assume the responsibility The Paving Superintendent is Don Shonyo 4 Erosion and Sediment Control Device The site will employ three main types of control devices They are berms berm overflows and re vegetation The berms will be used to contain storm water on the site and direct its discharge The berms will be located on the west and south boundaries of the site Most of the berms will be quite high and used to store the topsoil from the site There will also be smaller berms 3 to 4 feet installed at the discharge points of the project There are two discharge points associated with the site once the grading is completed They are located in the south east and north east comers of the project The berms at these discharge points will be constructed to allow a small settling basin to be created above the berm The berms will have a riprap overflow constructed at each ofthe discharge points The overflow will allow storm water to build to approximately 2 feet prior to discharging over the overflow Vegetation will also be used to control runoff and sediment The berms created around the perimeter of the site will be seeded with and approved ground cover to stabilize the new slopes 327 t 5 Timing of Installation Installation of all erosion and sediment control devices will be completed as part of the grading operations Once berms are constructed and shaped the rip rap will be placed on the overflows and see will be sown on the topsoil berms The seeding will be completed a maximum of 3 days after berms have been completed The time to complete grading is expected to be no more that 5 days 6 Inspection and Maintenance Inspections of the erosion and sediment control devices will take place on a daily basis Formal documented inspections will occur one every 7 days In addition to the weekly inspection the devices will be inspected after any rainfall that exceeds 0 5 inches The inspection will involve reviewing the effectiveness of the erosion and sediment control devices If it appears that the devices are not providing sufficient control additional or new control devices will be employed MnDOT and City of Chanhassen will be asked for input on device selection should they be needed Following inspections recommendation or direction will be given for maintenance of the devices With the devices employed for this site the primary maintenance will be the removal of sediment form the area above the berms When this is required the areas will be dewatered and the sediment removed with onsite equipment Additionally there may be maintenance required on the berms In the event that erosion occurs on the slopes the areas will be regarded and reseeded 328 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 cLchanhassen mn us J MEMORANDUM TO Paul Oehme Dir of Public Works City Engineer 0 Alyson Fauske Assistant City Engineer CJ1 o FROM DATE May 14 2007 SUBJECT Special Assessment Hearing for 2007 Street Improvement Project No 07 02 REQUESTED ACTION Simple Majority Vote Required Staff requests the City Council consider a resolution adopting the 2007 Street Improvement Project Assessment Roll Councilmember Brian Litsey should step down for this item since he is in the project area and included in the assessment roll POLICY DECISION ACTION TO BE CONSIDERED Prior to the completion of the public hearing any property owner wishing to object to their assessment must file a signed written objection or they waive their right to appeal The Council may accept or reject the assessment roll as presented or modify the assessment amount BACKGROUND On August 14 2006 staff discussed the proposed scope of the 2007 Street Improvement Project with Council A neighborhood meeting was held on November 6 2006 Approximately 12 residents representing 11 properties attended the meeting On January 8 2007 City Council accepted the feasibility report and called the public hearing On January 22 2007 City Council held the public hearing and authorized the preparation of plans and specifications On February 26 2007 Council approved the plans and specifications and authorized the advertisement for bids Bids were opened on March 30 2007 On May 2 2007 a neighborhood meeting was held ASSESSMENT HEARING PROCEDURE Staff will provide a brief explanation of the work along with the proposed assessment amount Any issues that the City Council wishes to discuss regarding the project financing is appropriate during the public hearing portion of the project Public testimony should be The City of Chanhassen A growing community with clean lakes quality schools a Channing downtown thriving businesses winding trails and beautiful parks A great place to live work and play329 Special Assessment Hearing May 14 2007 Page 2 received for the project The property owners should be reminded that they must file a written objection with the City either prior to or during the actual project hearings Objections after the public hearing are invalid The assessment objection is a request by the property owner for the Council to review the assessment amount Staff may have an immediate response to individual comments or in some circumstances the objection should be received and referred to staff for investigation The remaining assessment roll should be adopted If the City Council feels the objections cannot be addressed immediately a report will be presented to Council on all objections on that particular project at the next City Council meeting Council should adopt the remaining assessment roll at that time in order for the process to stay on schedule If there are no objections filed or if Council feels confident staff s investigation will not result in any changes being made to the assessment roll a motion by the City Council adopting the assessment roll as prepared is needed for the project ASSESSMENT OBJECTIONS Objections may be filed up to and at the public hearing At the time of this submittal no written objections have been filed If any written objections are received in the interim prior to the Council meeting they will be provided to the Council at the public hearing Staff comments and recommendations will also be provided at the public hearing The City Council may choose to adopt staff recommendation or revise the assessment roll If additional objections are filed either prior to or at the hearing they should be received and if necessary referred to staff for investigation and resolution SUMMARY OF ASSESSMENT PROJECT Streets proposed for rehabilitation were identified using the City s Pavement Management Program Also staff visually evaluated each street The project includes rehabilitating the following streets Pleasant View Cove Bighorn Drive Shadowmere Terrace Hill Street Pimlico Lane Preakness Lane Derby Drive Canterbury Circle Belmont Lane South Shore Drive and South Shore Court The rehabilitation includes repair of damaged pavement areas and replacing severely damaged concrete curb and gutter and other miscellaneous improvements Draintile and storm sewer improvements are proposed in the South Shore Court area Sanitary sewer manhole adjustments and improvements are proposed in various areas throughout the project area to help reduce infiltration surface water entering into the sanitary sewer system A resident at the public hearing questioned why the eastern portion of Bighorn Drive is included in the project since this section of the road is newer then the western portion of the road The section of Bighorn Drive from Kerber Boulevard to approximately 250 feet east of Frontier Trail was constructed in 1986 with the Chanhassen Vista 2nd Addition project The remainder of Bighorn Drive was constructed in 1987 with the Shadowmere development The Pavement Management System indicates that the condition of both sections of Bighorn Drive meet warrants for resurfacing Staff does not feel it makes sense to resurface only half of Bighorn Drive and not resurface the rest 330 Special Assessment Hearing May 14 2007 Page 3 FINANCIAL SUMMARY The construction contract amount is for 428 356 75 The total project cost including engineering soil borings legal costs etc is 546 908 37 A summary of the project costs is as follows Feasibility Bid Funding SourceEstimateAmount Streets 874 600 00 531 530 75 Amount Assessed 212 612 30 Revolving Assessment Fund 318 91845 Storm Sewer 50 000 00 11 378 23 Storm Sewer Utility Fund Sanitary Sewer 50 000 00 3 999 38 Sanitary Sewer Utility Fund 974 600 00 546 908 37 The project is divided into four areas due to the varying pavement conditions and corresponding cost to rehabilitate The special assessment amounts for individual property owners are as follows Pleasantview Cove Derby Drive Pimlico Lane Preakness Lane Belmont Lane and Canterbury Circle 1 290 06 unit Bighorn Drive Shadowmere Terrace 1 14159 unit South Shore Drive South Shore Court 1 221 61unit Hill Street 1 590 27 Hill street is proposed to receive concrete curb and gutter Currently this street only has bituminous curb in some areas RECOMMENDATION Staff recommends Council approve the assessment roll for the 2007 Street improvement project City Project 07 02 and adopt a resolution for assessments Attachments 1 Resolution 2 Assessment Rolls 3 Project Area Map 331 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA DA TE Mav 14 2007 RESOLUTION NO 2007 MOTION BY SECONDED BY A RESOLUTION ADOPTING ASSESSMENT ROLL FOR THE 2007 STREET REHABILITATION PROJECT NO 07 02 WHEREAS pursuant to proper notice duly given as required by law the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Belmont Lane Bighorn Drive Canterbury Circle Derby Drive Hill Street Pimlico Lane Pleasant View Cove Preakness Lane Shadowmere Terrace South Shore Court South Shore Drive NOW THEREFORE BE IT RESOLVED by the City Council of Chanhassen Minnesota 1 Such proposed assessment a copy of which is attached hereto and made a part hereof if hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it 2 Such assessment shall be payable in equal annual installments extending over a period of eight 8 years the first of the installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6 percent 6 per annum from the date of the adoption of this assessment resolution To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31 2007 To each subsequent installment when due shall be added interest for one year on all unpaid installments 3 The owner of any property so assessed may at any time prior to certification of the assessment to the county auditor pay the whole of the assessment on such property with interest accrued to the date of payment to the city treasurer except that no interest shall be charged if the entire assessment is paid within 60 days from the adoption of this resolution and he may at any time thereafter pay to the city treasurer the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year 4 The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the County Such assessments shall be collected and paid over in the same manner as other municipal taxes 332 Passed and adopted by the Chanhassen City Council this 14th day of May 2007 ATTEST Todd Gerhardt City Manager YES Thomas A Furlong Mayor NO ABSENT 333 2007 Street Improvement ProjectNo0702 Pleasant View Cove BighornDriveAreaSouthShoreCourtArea Final Assessment Roll LEGAL DESCRIPTION PARCEL NO ONASSESSMENT MAP PID OWNERSITEADDBLKLOTPLATNAMEAMOUNT 1 258590020 GLEN C NANCYKUECKER810PREAKNESSLN001002TRIPLECROWNESTATES129006 2 258590030 WILLIAM CMARYJOEGGERT800PREAKNESSLN001003TRIPLECROWNESTATES129006 3 258590040 DAVID W SIME790PREAKNESSLN001004TRIPLECROWNESTATES129006 4 258590500 CHRISTOPHERANDRIASCHWANZ7091PIMLlCOLN002013TRIPLECROWNESTATES129006 5 257930030 DALE PAMELAISTAHL580BIGHORNDR001003SHADOWMERE114159 6 257930040 RICHARD JJUDITHLWILLIAMS570BIGHORNDR001004SHADOWMERE114159 7 257930060 FRANK P BONNIELFILKO550BIGHORNDR001006SHADOWMERE114159 8 251990300 JOHN C VICKILFRAZIER610BIGHORNDR004010CHANHASSENVISTA2NDADDITION114159 9 258590270 TIMOTHY BKIMBERLYGREENSIDE7121DERBYDR001027TRIPLECROWNESTATES129006 10 251990250 STEVAN KENTHULTMAN660BIGHORNDR004005CHANHASSENVISTA2NDADDITION114159 11 257930250 RONALD L JRTERESALSPRAn581BIGHORNDR001025SHADOWMERE114159 12 257930260 LOEL B MARYJANEBROWN591BIGHORNDR001026SHADOWMERE114159 13 251990240 THOMAS J GOBLlSH670BIGHORNDR004004CHANHASSENVISTA2NDADDITION114159 14 251990040 RICHARD ACONNIEPALMERSHEIM751BIGHORNDR002002CHANHASSENVISTA2NDADDITION114159 15 251990050 RICK A YOKIEL741BIGHORNDR002003CHANHASSENVISTA2NDADDITION114159 16 258010190 JEFFREY JLENATANOTOLSKI7660SOUTHSHOREDR002005SOUTHLOTUSLAKE2NDADDITION122161 17 258000020 BRIAN P LYNNATHOMPSON41HILLST001002SOUTHLOTUSLAKEADDITION159027 18 258020030 TIMOTHY 0 SCHOLLA7767SOUTHSHOREDR001003SOUTHLOTUSVILLAS122161 19 258020040 BRIAN WILLCOXEN7749SOUTHSHOREDR001004SOUTHLOTUSVILLAS122161 20 258020020 JAMES W GREENLEE7773SOUTHSHOREDR001002SOUTHLOTUSVILLAS122161 21 258020010 EMEL Y AN STETSKORAISASTARTSEVA7779SOUTHSHOREDR001001SOUTHLOTUSVILLAS122161 22 258020110 MICHAEL WEFALD7701SOUTHSHOREDR001011SOUTHLOTUSVILLAS122161 23 258020120 CLAYTON WNICOLEKRIEGER7707SOUTHSHOREDR001012SOUTHLOTUSVILLAS122161 24 258020080 LISA MALLEN7737SOUTHSHOREDR001008SOUTHLOTUSVILLAS122161 25 258020130 LYNN MARIESTERN7713SOUTHSHOREDR001013SOUTHLOTUSVILLAS122161 26 258020070 GREGORY MDROZDEK7743SOUTHSHOREDR001007SOUTHLOTUSVILLAS122161 27 258020140 KEVIN MORINWENDYTUREK7719SOUTHSHOREDR001014SOUTHLOTUSVILLAS122161 28 258590050 scon R ANITABGRAVES780PREAKNESSLN001005TRIPLECROWNESTATES129006 30 258590080 DENNIS F BRISTOR750PREAKNESSLN001008TRIPLECROWNESTATES129006 31 258590110 BRYAN JENNIFERGRIMM720PREAKNESSLN001011TRIPLECROWNESTATES129006 32 258590550 MICHAEL AJENNIFERLGRABNER831PREAKNESSLN003005TRIPLECROWNESTATES129006 33 258590450 BRUCE H REBECCAMJOHNSON7000DERBYDR002008TRIPLECROWNESTATES129006 34 258590140 MELANIE SOK7001DERBYDR001014TRIPLECROWNESTATES129006 35 258590540 RAMESH C GOPAUL821PREAKNESSLN003004TRIPLECROWNESTATES129006 36 258590130 ROBERT J TIGHERANDISHAPIRO743PREAKNESSLN001013TRIPLECROWNESTATES129006 37 258590150 TIMOTHY PMAUREENSCHILLING7021DERBYDR001015TRIPLECROWNESTATES129006 38 258590470 WAYNE L JUDITHCHAniNG7011PIMLlCOLN002010TRIPLECROWNESTATES129006 39 258590440 CARY J KRISTINEBElL7020DERBYDR002007TRIPLECROWNESTATES129006 40 258590120 JAMES P AMYMHERBERT733PREAKNESSLN001012TRIPLECROWNESTATES129006 4 5 07334 2007 Street Improvement ProjectNo0702 Pleasant View Cove BighornDriveAreaSouthShoreCourtArea Final Assessment Roll LEGAL DESCRIPTION PARCEL NO ONASSESSMENT MAP PID OWNERSITEADDBlKLOTPLATNAMEAMOUNT 41 258590510 AMY K ERICKSON7090PIMLlCOLN003001TRIPLECROWNESTATES129006 42 258590480 LEWIS M SLOVES7021PIMLlCOLN002011TRIPLECROWNESTATES129006 43 258590430 CHRISTOPHERDIANELKIMSAL7040DERBYDR002006TRIPLECROWNESTATES129006 44 258590490 HENRY F BRIDGETSGALLAGHER7051PIMLlCOLN002012TRIPLECROWNESTATES129006 45 258590170 DANIEL WANNBMALONE7061DERBYDR001017TRIPLECROWNESTATES129006 46 258590420 JOSEPH RRUTHAROY7060DERBYDR002005TRIPLECROWNESTATES129006 47 257930010 ERIC NIKKITRUILLO600BIGHORNDR001001SHADOWMERE114159 48 257930020 DAVID A JULIANNEOLSON590BIGHORNDR001002SHADOWMERE114159 49 257930070 GEORGENEMSORENSEN540BIGHORNDR001007SHADOWMERE114159 50 257930090 CHARLES ANNETTEBUENGER520BIGHORNDR001009SHADOWMERE114159 51 257930100 ZACHARY AJENNIFERLHARRIS510BIGHORNDR001010SHADOWMERE114159 52 257930110 DEAN T SUSANLSTANTON500BIGHORNDR001011SHADOWMERE114159 53 258590250 JAMES A MICHELLEAWALKER753CANTERBURYCIR001025TRIPLECROWNESTATES129006 54 258590400 WILLIAM 0ANITALTESTER7100DERBYDR002003TRIPLECROWNESTATES129006 55 258590240 DONALD P BEADLES743CANTERBURYCIR001024TRIPLECROWNESTATES129006 56 258590230 BLAINE C BURDICKCONNIEHUGGETT733CANTERBURYCIR001023TRIPLECROWNESTATES129006 57 258590260 JOHN P MARYEHACKENMUELLER7111DERBYDR001026TRIPLECROWNESTATES129006 58 257930120 DONALD NCAROLJMEHL490BIGHORNDR001012SHADOWMERE114159 59 258590390 MICHAEL KATHRYNMELSNESS780BELMONTLN002002TRIPLECROWNESTATES129006 60 251990290 PAUL 0 GRAN620BIGHORNDR004009CHANHASSENVISTA2NDADDITION114159 61 258590380 ANITA M REMUS790BELMONTLN002001TRIPLECROWNESTATES129006 62 258590290 BRADFORDCATHERINEBLOMQUIST7141DERBYDR001029TRIPLECROWNESTATES129006 63 251990280 DANIEL T DAWNRBENDELL630BIGHORNDR004008CHANHASSENVISTA2NDADDITION114159 64 258590300 BRIAN M TUOMALA7151DERBYDR001030TRIPLECROWNESTATES129006 65 251990260 BRYAN T LITSEYLISASTACKEN650BIGHORNDR004006CHANHASSENVISTA2NDADDITION114159 66 258590310 JARROD M SWETLAND7159DERBYDR001031TRIPLECROWNESTATES129006 67 258590360 MARK DIEKMANN781BELMONTLN001036TRIPLECROWNESTATES129006 68 257930230 BLAYNE PUKLlCH561BIGHORNDR001023SHADOWMERE114159 69 257930240 CATHLEEN AHOLMES571BIGHORNDR001024SHADOWMERE114159 70 258590370 JAMES WESTERMANNCORRIEJANKE791BELMONTLN001037TRIPLECROWNESTATES129006 71 257930270 JAMES K CECILIAAFREDLUND601BIGHORNDR001027SHADOWMERE114159 72 257930220 ROGER E NANCYJGILBERTSON551SHADOWMERE001022SHADOWMERE114159 73 257930160 STEVEN FPATRICIALSTAMY491BIGHORNDR001016SHADOWMERE114159 74 258590350 NORMAN EILEENSCHWARTZ7130DERBYDR001035TRIPLECROWNESTATES129006 75 251990230 LARRY STOLBERG680BIGHORNDR004003CHANHASSENVISTA2NDADDITION114159 76 257930210 DAVID J BARBARALHARTWICK541SHADOWMERE001021SHADOWMERE114159 77 258590330 DANIEL 0 CONSTANCEKSWANSON7150DERBYDR001033TRIPLECROWNESTATES129006 78 251990020 CRAIG R DARLENERSIROIS611BIGHORNDR001002CHANHASSENVISTA2NDADDITION114159 79 251990220 RANEE A DAHLBERG690BIGHORNDR004002CHANHASSENVISTA2NDADDITION114159 4 5 07335 2007 Street Improvement ProjectNo0702 Pleasant View Cove BighornDriveAreaSouthShoreCourtArea Final Assessment Roll LEGAL DESCRIPTION PARCEL NO ONASSESSMENT MAP PIO OWNERSITEAOOBLKLOTPLATNAMEAMOUNT 80 251990210 MARK CARRIEFUCHS700BIGHORNDR004001CHANHASSENVISTA2NDADDITION114159 81 251990140 JAMES R ARONSONASHLEYOULA651BIGHORNDR002012CHANHASSENVISTA2NDADDITION114159 82 251990200 AMY C SEVERSON710BIGHORNDR003006CHANHASSENVISTA2NDADDITION114159 83 251990160 JASMIN JASMINAHODZIC750BIGHORNDR003002CHANHASSENVISTA2NDADDITION114159 84 251990180 PAUL S JUDYLPETERSON730BIGHORNDR003004CHANHASSENVISTA2NDADDITION114159 85 251990120 DON R ALENEADRAPER671BIGHORNDR002010CHANHASSENVISTA2NDADDITION114159 86 251990190 CHRIS 0 LISAMOEN720BIGHORNDR003005CHANHASSENVISTA2NDADDITION114159 BRIAN A RODENZ 87 251990110 DARRELL SANDRARODENZ681BIGHORNDR002009CHANHASSENVISTA2NDADDITION114159 88 251990100 KEVIN J JENNIFERENGEBRETSON691BIGHORNDR002008CHANHASSENVISTA2NDADDITION114159 89 251990090 JULIE A HAFSTAD701BIGHORNDR002007CHANHASSENVISTA2NDADDITION114159 90 251990060 SCOTT C TORPEYDARLENELUCIUS731BIGHORNDR002004CHANHASSENVISTA2NDADDITION114159 91 251990070 SUSAN B BODEMEGANBODE721BIGHORNDR002005CHANHASSENVISTA2NDADDITION114159 WESLEY J HAWKINSON 92 252150030 CHRISTINE HAISSIG6370PLEASANTVIEWCV001003CHRISTMASACRES129006 93 252150040 SHARON JANNOVACZYK6371PLEASANTVIEWCV001004CHRISTMASACRES129006 94 252150020 JAMES B CHRISTINEZGREEN6380PLEASANTVIEWCV001002CHRISTMASACRES129006 95 252150010 JOHN BARBARAODOM6390PLEASANTVIEWCV001001CHRISTMASACRES129006 96 258590100 KENNETH WCOLLEENJVERMEER730PREAKNESSLN001010TRIPLECROWNESTATES129006 97 258590010 KEITH D AMYJSCHERBING820PREAKNESSLN001001TRIPLECROWNESTATES129006 98 258590060 JESSE SUSANPRATER770PREAKNESSLN001006TRIPLECROWNESTATES129006 99 258590070 STEPHEN FRANCESSYVERSON760PREAKNESSLN001007TRIPLECROWNESTATES129006 100 258590090 JOHN C CLAIREENYGREN740PREAKNESSLN001009TRIPLECROWNESTATES129006 101 258590530 DOUGLAS ESARAJWELDER801PREAKNESSLN003003TRIPLECROWNESTATES129006 102 258590460 CURTIS P WINDMULLER7001PIMLlCOLN002009TRIPLECROWNESTATES129006 103 258590520 KENDALL ESHIRLEERAUS7050PIMLlCOLN003002TRIPLECROWNESTATES129006 104 258590160 MICHAEL AKARINLGRUBISCH7041DERBYDR001016TRIPLECROWNESTATES129006 105 258590180 RICHARD C GREIG740CANTERBURYCIR001018TRIPLECROWNESTATES129006 106 258590190 MICHAEL WKATHLEENMCERVONY730CANTERBURYCIR001019TRIPLECROWNESTATES129006 107 258590200 KENSLEY H 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A JULIEMKOCH471BIGHORNDR001014SHADOWMERE114159 119 257930200 STEVE A ROBERTALDANIEL531SHADOWMERE001020SHADOWMERE114159 120 257930170 STEVEN FPATRICIALSTAMY501BIGHORNDR001017SHADOWMERE114159 121 257930150 ANN HOGANMARTINIMMERMAN481BIGHORNDR001015SHADOWMERE114159 122 258590320 GEOFFREY ABREAULT7160DERBYDR001032TRIPLECROWNESTATES129006 123 258590340 RYAN R ANDERSONAMYMCPHILLIPS7140DERBYDR001034TRIPLECROWNESTATES129006 124 251990010 DAVID E JODYALANE631BIGHORNDR001001CHANHASSENVISTA2NDADDITION114159 125 251990130 ROBERT JLINDAKSCHWADE661BIGHORNDR002011CHANHASSENVISTA2NDADDITION114159 126 251990150 DONALD RJEANFSCHILLING760BIGHORNDR003001CHANHASSENVISTA2NDADDITION114159 127 251990170 STEPHEN F KISH740BIGHORNDR003003CHANHASSENVISTA2NDADDITION114159 128 251990080 WENDY H DEROSA711BIGHORNDR002006CHANHASSENVISTA2NDADDITION114159 129 251990030 CAGER HARTHKARENDOYLEHARTH761BIGHORNDR002001CHANHASSENVISTA2NDADDITION114159 130 258010140 SHANE 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A MARYAHOST191SOUTHSHORECT001003SOUTHLOTUSLAKE2NDADDITION122161 163 258010020 ROBERT HJOANNELPORTER201SOUTHSHORECT001002SOUTHLOTUSLAKE2NDADDITION122161 164 258010160 JEFFREY LJOANCTHUNE7672SOUTHSHOREDR002002SOUTHLOTUSLAKE2NDADDITION122161 166 258010150 DAVID G HEIDIABUNDE7676SOUTHSHOREDR002001SOUTHLOTUSLAKE2NDADDITION122161 167 258010010 DEBORAH MKOCH7675SOUTHSHOREDR001001SOUTHLOTUSLAKE2NDADDITION122161 168 258020050 MICHAEL B BARGE7755SOUTHSHOREDR001005SOUTHLOTUSVILLAS122161 169 258020100 BARBARA LYNNHOESE7725SOUTHSHOREDR001010SOUTHLOTUSVILLAS122161 170 258020060 DONALD G GRIMMJR7761SOUTHSHOREDR001006SOUTHLOTUSVILLAS122161 171 258020090 STEVEN W SCHNABEL7731SOUTHSHOREDR001009SOUTHLOTUSVILLAS122161 172 258000150 CITY OF CHANHASSENNOTONFILESOUTHLOTUSLAKEADDITION122161 173 258000160 CITY OF CHANHASSENNOTONFILESOUTHLOTUSLAKEADDITION122161 174 258000190 CITY OF CHANHASSENNOTONFILESOUTHLOTUSLAKEADDITION122161 4 5 07338 2007 STREET REHABiliTATION IMPROVEMENTS CITY PROJECT 07 02 rffi X 4 f Pleasanlview ICurve J h r b 17 L jJJl1 fJ jJ I JUI 0 Lt h Qj H iit jl cffi b 8 1 1if1fIvHiiJ1fK c HJII III H fJ SJ JrcUULdJDVIfWJliD1ir I Preakness 1 2 J I Lane fu LOTUS LAKE LIrRU rn Pimlicot canlerbUry 4jLane2iICircle eDerby Tl IT Drive lll I Shadowmere m Belmont LL TerraceLaneIBhrSIgornegfDrive CS ZEEEmp7altJ Lul I l 1rA Street al f6 South Shore n A I Dnve l llr w Y l i 1 1111t WJ c 1 iJ till iIrJEjffiHWr v 7 Ni Jl V SoulhShoreFr 1 Court 7QrTG I Not to Scale N iUpdatedNovember142006 339 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952227 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 952227 1400 Fax 952227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us J b MEMORANDUM TO QclPaulOehmeDirectorofPublicWorksCityEngineer Alyson Fauske Assistant City Engineer Q Mf May 14 2007 FROM DATE SUBJECT Award Contract for 2007 Street Rehabilitation Project No 07 02 REQUESTED ACTION Approve resolution accepting bid and awarding a contract to GMH Asphalt Corporation in the amount of 428 356 75 for the 2007 Street Rehabilitation Project No 07 02 Councilmember Brian Litsey should step down for this item since he is in the project area and included in the assessment roll BACKGROUND On February 26 2007 Council approved the plans and specifications and authorized the advertisement for bids for the 2007 Street Rehabilitation Project The improvements included in this project are as follows Rehabilitating milling and overlaying Pleasant View Cove Bighorn Drive Shadowmere Terrace Hill Street Pimlico Lane Preakness Lane Derby Drive Canterbury Circle Belmont Lane South Shore Drive and South Shore Court Repair of damaged pavement areas and replacing severelyctamaged concrete curb and gutter and other miscellaneous improvements Draintile and storm sewer improvements are proposed in the South Shore Court area Sanitary sewer manhole adjustments and improvements are proposed in Yarious areas throughout the project area to help reduce infiltration surface water entering into the sanitary sewer system These improvements are proposed to be constructed during the 2007 construction season Bids were opened for the project on Friday March 30 2007 at 10 00 a m AsuItll1lary of bidders and bid amounts are as follows Bidder Total Bid Amount GMH Asphalt Corporation 428 356 75 Northwest Asphalt 432 849 50 ASTECH Corporation 459158 50 Midwest Asphalt 468 171 55 Valley Paving 477 270 60 Hardrives Inc 498 705 00 WM Mueller SOIlS Inc 509 200 00 Bituminous Roadways Inc 512 936 75 The City 01 Chanhassen A growing communitvbwith clp aalakasooualitv schoals a charmiaQ rlowntnw thriYinQ businesses1winding trails and beautiful parks A great place to live work and play g eng prt 11 07 220 7roati niliiblltation 1 14 07 award cdnttact rev doc340 All bids were submitted with a proper bid guarantee in the amount of 5 of the bid GMH Asphalt Corporation was the low bidder with a total bid amount of 428 356 75 The bid was substantially lower then the estimate in the feasibility study The feasibility study anticipated a significant spike in oil and fuel prices from 2006 Also contractors showed a lot of interest in this project and bids were very competitive GMH Asphalt Corporation was the contractor for City Project 05 01 Lake Lucy Road and City Project 07 01 Chanhassen Hills Street Rehabilitation and Lake Ann Parking Lot Improvement Project GMH Asphalt Corporation work has been satisfactory Award of the contract is recommended to GMH Asphalt Corporation Funding for this project is proposed through a combination of special assessments to the benefiting properties revolving assessment funds storm sewer utility funds and sanitary sewer utility funds The construction contract amount is for 428 356 75 The total project cost including engineering soil borings legal costs etc is 546 908 37 Funding for the total project cost including all indirect costs is proposed as follows Feasibility Bid Amount Funding SourceEstimate Amount Assessed 212 612 30 Streets 874 600 00 531 530 75 Revolving Assessment Fund 318 91845 Storm Sewer 50 000 00 11 378 23 Storm Sewer Utility Fund Sanitary 50 000 00 3 99938 Sanitary Sewer Utility FundSewer 974 600 00 546 908 37 The proposed schedule for the project is as follows Award Contract Assessment Hearing Start Construction Construction Complete May 14 2007 May 2007 August 2007 Attachment Resolution c Chadd Larson Kimley Horn Associates g eng public 07 02 2007 road rehabilitation OS 14 07 award contract rev l doc341 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952227 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 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www cLchanhassen mn us MEMORANDUM TO Todd Gerhardt City Manager flY rh FROM Karen Engelhardt Office Manager DATE May 7 2007 SUBJ Request for On Sale 3 2 Beer License Halla Greens Golf Course 495 Pioneer Trail This office has received a request for an on sale 3 2 beer license from Halla Greens Golf Course 495 Pioneer Trail Halla Greens is a 9 hole executive golf course with adriving range This property is zoned A 2 and a 3 2 beer license is allowed in this district The applicant intends to sell beer in the club house that may be consumed inside the building in the restaurant counter area a porch a patio area on the south side of the club house and on the golf course and driving range There is seating for 32 in the restaurant 6 at the counter 16 on the porch and another 32 40 on the patio Food is being provided by Sysco Minnesota and includes hot dogs brats hamburgers ice cream cookies muffins pizza candy chips and popcorn All food is pre made and pre cooked and will be heated on site Law Enforcement has conducted a background investigation including criminal history driving records outstanding warrants on Don Halla owner applicant and Eric Olson operating manager The City Attorney has reviewed the results of this investigation and did not find any issues that would prohibit issuance of this license A public hearing notice was published in the Chanhassen Villager and sent to all property owners within 500 feet of the site see attached list As of the date of this writing staff has not received any comments from the public RECOMMENDATION Staff recommends that the City Council approve the request for an on sale 3 2 beer license for Halla Greens Golf Course contingent upon receipt of the license fee and liquor liability insurance that meets minimum state requirements Approval of this license requires a simple majority vote of those City Council members present ATTACHMENTS 1 Letter from City Attorney dated April 25 2007 2 Public Hearing Notice and Affidavit of Mailing Notice to Property Owners within 500 feet 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 play342 Thomas J Campbell Roger 1 1 Knutson Thomas M Scott Emott B KJlctsch Joel J Jamnik Andrea rlkDowel Poehler vbtthew K Brok Sorcn Ivi Mattick John F Kelly Henry A Sdw elfer HI Alina SChVl l t Craig R McDowell Marguerite iVL r1cCarron Also T J4C t1SIJin W consin l HO Corporatt Center Cun f Suite 317 Eagan MN 55121 651452 5000 Fnx 51 452 5550 wv v ck la l com CAMPBELL KNUTSON 1i1l f ffcJrroeSSHJnUASSOciatllon Author s DirectDial 651 234 6215 E mailAddress rknutson@Ck law com April 25 2007 CHANHASSEN MAYOR AND COUNcaMEMBERS Thomas A Furlong Mayor Vicki Ernst Councilmember Bryan Litsey Councilmember Craig Peterson Councilmember Bethany Tjornhom Councilmember RE HALLA GREENS LLC 3 2 Beer License Application Dear Mayor and Councilmembers I have reviewed the application of Halla Greens LLC for a 3 2 percent malt liquor license There is nothing in the application or anything else I am aware of that is the basis for denying the license Regards CAMPBELL KNUTSON ll CiatiDn Roger N Knutson RNK sm 343 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 May 2 2007 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 On Sale 3 2 Beer License for Halla Greens Golf Course 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 Sub cribld and sworn to before me thi clday ofilluI 2007 1 I I t f KIM T MEUWISSEN Notary Public Minnesota My Commission Expires Jan 31 2010 344 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON SALE 3 2 BEER LICENSE HALLA GREENS LLC dba HALLA GREENS GOLF COURSE NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday May 14 2007 at 7 00 p m in the Council Chambers at 7700 Market Boulevard to consider issuing an on sale 3 2 beer license to Halla Greens Golf Course 495 Pioneer Trail a location map is shown on the reverse of this notice All interested persons may appear and express their opinions regarding this application at said time and place Chanhassen City Code requires that all property owners within 500 feet of the site be notified in writing If you have any questions please feel free to contact City Hall Karen Engelhardt Office Manager Phone 952 227 1104 Published in the Chanhassen Villager on May 3 2007 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON SALE 3 2 BEER LICENSE HALLA GREENS LLC dba HALLA GREENS GOLF COURSE NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday May 14 2007 at 7 00 p m in the Council Chambers at 7700 Market Boulevard to consider issuing an on sale 3 2 beer license to Halla Greens Golf Course 495 Pioneer Trail a location map is shown on the reverse of this notice All interested persons may appear and express their opinions regarding this application at said time and place Chanhassen City Code requires that all property owners within 500 feet of the site be notified in writing If you have any questions please feel free to contact City Hall Karen Engelhardt Office Manager Phone 952 227 1104 Published in the Chanhassen Villager on May 3 2007 345 Disclaimer This map is neither a legally recorded map nor asurvey and is not intended to be used as one This map isacompilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and isto be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features If errors or discrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 9466 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expressly waives all claims and agrees to defend indemnify and hold harmless the City from any and all claims brought by User its employees or agents orthird parties which arise out of the use s access oruse of data provided Disclaimer This map isneither a legally recorded map nor a survey and isnot intended to be used as one This map isa compilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and is to be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracking or any other purpose requiring exacting measurement of distance ordirection or precision in the depiction of geographic features If errorsor discrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 9466 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expressly waives all claims and agrees to defend indemnify and hold harmless the City from any and all claims brought by User its employees or agents orthird parties which arise out of the use s access oruseof data provided 346 ANDREW T RIEGERT 620 96TH ST W CHANHASSEN MN 55317 8601 BOYD S PETERSON 9860 PIONEER CIR CHANHASSEN MN 55317 8696 GERALD R JR SHELLY D COOK 9920 DELPHINIUM LN CHASKA MN 55318 1177 DAVID P JUDY M WALSTAD 10071 GREAT PLAINS BLVD CHASKA MN 55318 9466 GAYE LYNN GUYTON 10083 GREAT PLAINS BLVD CHASKA MN 55318 9466 SHAWN S NICOLA S SMITH 725 BRAMBLE DR CHASKA MN 55318 1128 ROGER A KIMBERLY A LEE 600 96TH ST W CHANHASSEN MN 55317 8601 ROBERT CHRISTIN E BOECKER 610 96TH ST W CHANHASSEN MN 55317 8601 ROGER G NOVOTNY 560 PINEVIEW CT CHANHASSEN MN 55317 8697 ROBERT W SCHOEWE 9611 FOXFORD RD CHANHASSEN MN 55317 8689 THOMAS E BRENDA L ANDERSON 9371 FOXFORD RD CHANHASSEN MN 55317 8685 ROBERT FUGLlE KIMBERLY L HEIN FUGLlE 9370 FOXFORD RD CHANHASSEN MN 55317 8684 GAYLE 0 LOIS J DEGLER 541 PINEVIEW CT CHANHASSEN MN 55317 8697 MAGDY A JUNE L EBRAHIM 521 PINEVIEW CT CHANHASSEN MN 55317 8697 WENDELL JACQUELINE SCHOTT 9350 FOXFORD RD CHANHASSEN MN 55317 8684 DAVID J SHARON K GATTO 9631 FOXFORD RD CHANHASSEN MN 55317 8689 JAMES D JANET M DINGEL 9351 FOXFORD RD CHANHASSEN MN 55317 8685 CARVER COUNTY CARVER COUNTY GOVT CTA ADMIN 600 4TH ST E CHASKA MN 55318 2102 JOHN ANNA MAE MAKELA 9860 RASPBERRY HL CHASKA MN 55318 1180 ARTHUR F CAROL ROSSBERG 8890 WILD DUNES DR SARASOTA FL 34241 9647 VIVEK KAUL SHERYL REBERT 9875 DELPHINIUM LN CHASKA MN 55318 1176 MICHAEL ROBERT NELSON 9870 PIONEER CIR CHANHASSEN MN 55317 8696 KEN K HOLMBERG NANCY J ROSSBERG 9885 RASPBERRY HL CHASKA MN 55318 1180 JEFFREY B CAROL G SORUM 9900 DEERBROOK DR CHANHASSEN MN 55317 8551 DONALD E HALLA ET AL 10000 GREAT PLAINS BLVD CHASKA MN 55318 9465 GERALD F NANCY G SLOCUM 9920 DEER BROOK DR CHANHASSEN MN 55317 8551 JEFFREY R BARBARA C MICHELL 9961 DEER BROOK DR CHANHASSEN MN 55317 8552 WILLIAM J MCNEELY MITRA BAHARI MCNEELY 9940 DEER BROOK DR THOMAS J KATHLEEN R GERTZ 10001 GREAT PLAINS BLVD JAMES M HAUTMAN DOROTHY D HAUTMAN 10095 GREAT PLAINS BLVD 347 CHANHASSEN MN 55317 8551 CHASKA MN 55318 9466 CHASKA MN 55318 9466 STEPHEN M NICOLE DRAGOS 9960 DEER BROOK DR CHANHASSEN MN 55317 8551 DAVID R TEICH 1217 MONROE ST S SHAKOPEE MN 55379 2062 348 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952227 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 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site www ci chanhassen mn us 4 MEMORANDUM TO Todd Gerhardt City Manager FROM Karen Engelhardt Office Manager May 7 2007DATE SUBJ Request for On Sale Intoxicating Liquor License High Timbers Lounge 591 West 78th Street Applicant High Timbers Lounge LLC This office has received a request for an on sale intoxicating liquor license from High Timbers Lounge LLC The Country Suites Hotel and High Timber Lounge property 591 West 78th Street are in the process of being sold and this license request is from the prospective new owner A closing is scheduled for Thursday May 31 2007 This property is zoned CBD Central Business District and on sale intoxicating liquor sales are allowed in this district The applicant intends to sell intoxicating liquor in the bar area and the meeting rooms Patrons of the hotel would not be allowed to purchase a drink in the bar and carry it to their room nor would alcohol be available through room service The liquor license for this establishment is classified as an exclusive liquor store or bar because it does not have a restaurant and does not meet the definition of a hotel State statute defines a hotel as an establishment where food and lodging are regularly furnished to transients and which has a dining room serving the general public at tables and having facilities for seating at least 30 guests at one time Law Enforcement has conducted background investigations including criminal history driving records outstanding warrants on the officers of the corporation These include Leo M Sand Earl B Wing and the operating manager Jeremy J Hundt No negative comments were found A public hearing notice was published in the Chanhassen Villager and sent to all property owners within 500 feet of the site see attached list Staff received a letter from Jeffrey Robinson the Chief Manager of the current owner of the High Timber Lounge stating that he has no objection to the issuance of the license but wants to ensure that the current license will remain in effect until the closing is accomplished RECOMMENDATION Staff recommends that the City Council approve the request for an on sale intoxicating liquor license from High Timbers Lounge LLC contingent upon receipt of the license fee and liquor liability insurance that meets minimum state requirements Approval of this license requires a simple majority vote of those City Council members present ATTACHMENTS 1 Public Hearing Notice and Affidavit of Mailing Notice to Property Owners within 500 feet 2 Letter from Jeffrey Robinson Chief Manager The City of Chanhassen A growing community with clean lakes quality schools a channing downtown thriving businesses winding trails and beautiful parks A great place to live work and play349 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 May 2 2007 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 On Sale Liquor License for High Timbers Lounge 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 4Alr Subscribed and sworn to before me this day of 2007 Notary Public g userkaren liquorhigh timbers loungeaffidavit doc 350 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON SALE LIQUOR LICENSE HIGH TIMBERS LOUNGE LLC dba HIGH TIMBERS LOUNGE 591 WEST 78111 STREET NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday May 14 2007 at 7 00 p m in the Council Chambers at 7700 Market Boulevard to consider issuing an on sale intoxicating liquor license to High Timbers Lounge LLC dba High Timbers Lounge 591 West 78th Street This property is in the process of changing ownership All interested persons may appear and express their opinions regarding this application at said time and place Chanhassen City Code requires that all property owners within 500 feet of the site be notified in writing If you have any questions please feel free to contact City Hall Karen Engelhardt Office Manager Phone 952 227 1104 Published in the Chanhassen Villager on May 3 2007 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA NOTICE OF PUBLIC HEARING REQUEST FOR AN ON SALE LIQUOR LICENSE HIGH TIMBERS LOUNGE LLC dba HIGH TIMBERS LOUNGE 591 WEST 78TH STREET NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday May 14 2007 at 7 00 p m in the Council Chambers at 7700 Market Boulevard to consider issuing an on sale intoxicating liquor license to High Timbers Lounge LLC dba High Timbers Lounge 591 West 78th Street This property is in the process of changing ownership All interested persons may appear and express their opinions regarding this application at said time and place Chanhassen City Code requires that all property owners within 500 feet of the site be notified in writing If you have any questions please feel free to contact City Hall Karen Engelhardt Office Manager Phone 952 227 1104 Published in the Chanhassen Villager on May 3 2007 351 w Chm rN18I1S1 W78tl Disclaimer This map is neither a legally recorded map nor asurvey and is not intended to be used as one This map isa compilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and isto be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features If errorsor discrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 9466 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expressly waives all claims and agrees to defend indemnify and hold hanrless the City from any and all claims brought by User its employees or agents or third parties which arise out of the use s access or useof data provided Disclaimer This map is neither alegally recorded map nor asurvey and is not intended to be used as one This map is acompilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and isto be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracking or any other purpose requiring exacting measurement of distance ordirection or precision in the depiction of geographic features If errorsor discrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 9466 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expressly waives all claims and agrees to defend indemnify and hold harmless the City from any and all claims brought by User its employees or agents orthird parties which arise out of the use s access oruse of data provided 352 CHANHASSEN MEDICAL ARTS II LLC 470 78TH ST W STE 260 CHANHASSEN MN 55317 4527 BLOOMBERG COMPANIES INC PO BOX 730 CHANHASSEN MN 55317 0730 NATIONAL LODGING COMPANIES INC C O CHANHASSEN COUNTRY SUITES 591 78TH ST W PO BOX 1010 CHANHASSEN MN 55317 1010 CHANHASSEN SUITES LLC C O CHANHASSEN COUNTRY SUITES 591 78TH ST W PO BOX 1010 CHANHASSEN MN 55317 1010 NEARCO IV LLC 7002 6TH ST N OAKDALE MN 55128 6146 CHANHASSEN PROPERTIES LLC 570 MARKET ST PO BOX 514 CHANHASSEN MN 55317 0514 MARKET SQUARE ASSOC LTD PTRSHP C O AMCON CONSTRUCTION CO 1715 YANKEE DOODLE RD 200 EAGAN MN 55121 1698 KRAUS ANDERSON INC 4210 WEST OLD SHAKO PEE RD BLOOMINGTON MN 55437 2951 RICHARD W STEINER JR PO BOX 4204 WHITEFISH MT 59937 4203 DEBRA LUCIENNE SCHROEDER 505 CHAN VW CHANHASSEN MN 55317 9488 JOHN M HAVLIK JR 513 CHAN VIEW CHANHASSEN MN 55317 9488 ARTHUR DARLENE M KERBER 511 CHAN VIEW CHANHASSEN MN 55317 9488 DAVID MEGAN L WOODS 509 CHAN VIEW CHANHASSEN MN 55317 9488 DEAN HARLAN WALLENTINE 507 CHAN VIEW CHANHASSEN MN 55317 9488 STATE BANK OF CHANHASSEN C O KLEIN FINANCIAL INC 1550 AUDUBON RD CHASKA MN 55318 9508 CHANHASSEN RETAIL LTO PRTSHP C O BROOKSTONE INC 810 LILAC DR N SUITE 212 ROBBINSDALE MN 55422 4673 TWO GREEKS AND A GEEK LLC 1318 SIBLEY MEMORIAL HWY MENDOTA MN 55150 1414 HIGH TIMBER LLC 300 1ST AVE N STE 340 MINNEAPOLIS MN 55401 1600 MARKET SQUARE ASSTS II LLC 470 78TH ST W STE 260 CHANHASSEN MN 55317 4547 353 Caoitallnvestments Inc Finance Investments Consulting TRiDENT May 8 2007 Karen Engelhart Office Manager City of Chanhassen PO Box 147 Chanhassen MN 55317 Re Liquor License Application of High Timbers Lounge LLC Dear Karen To follow up our telephone conversation of yesterday with regard to the Request for the On Sale Liquor License of High Timbers Lounge LLC High Timber LLC has no objection to the approval of the liquor license so long as the approval is prospective and would not go into effect unless and until there is a closing of the purchase of the High Timber Lounge property by an affiliate of the Applicant The closing of the sale is scheduled to occur on May 31 2007 but effective date of the Liquor License to High Timber Lounge LLC must await written confirmation to the City by High Timber LLC that the sale of the property has been consummated Thank you for your assistance in this matter Please give me a call if you have any questions or need further information regarding this transaction Regards HIGH TIMBER LLC Jeffrey A Robinson Chief Manager 300 FIRST AVENUE NORTH SUITE 340 MINNEAPOLIS MN 55401 612 664 1400 FAX 612 664 1403 354 Correspondence Packet Drug Abuse Trends in Minneapolis St Paul from the Butler Center for Research dated December 2006 Letter from Kevin M Clark KHovnanian Homes dated May 7 2007 Letter of Resignation from Nate Rosa Recreation Supervisor dated May 4 2007 Chanhassen Prosecution Summary for January March 2007 Memo from Jemtt Mohn Building Official re State Building Codes Fire Codes dated May 9 2007 Memo from Greg Sticha Finance Director re Review of Claims Paid dated May 4 2007 355 hazelden org A ty i n otion 800 257 7800 We invite you to call us with questions We are available 24 hours a day Drug Abuse Trends in Minneapolis St Paul December 2006 Carol L Falkowski Director Research Communications Butler Center for Research P O Box 11 Center City Minnesota 55012 0011 800 257 7800 tel 651 2134536 fax hazelden org A quantitative research report analyzing drug abuse data for the Twin Cities metropolitan area 356 Drug Abuse Trends in Minneapolis St Paul December 2006 A quantitative research report analyzing drug abuse data for the Twin Cities metropolitan area ABSTRACT Numerous indicators of methamphetamine meth abuse declined in 2006 reversing previous upward trends Collectively these new findings demonstrate that the growth in methamphetamine abuse is slowing down possibly reversing itself in the Twin Cities area The number of clandestine meth labs declined statewide to 59 in 2006 through November compared with 112 in 2005 full year and 212 in 2004 Methamphetamine related hospital emergency department ED episodes in the Twin Cities dropped markedly to 251 in 2006 first half compared with 1 402 in 2005 full year Admissions to addiction treatment programs for methamphetamine also declined in 2006 There were 806 in 2006 first half representing 8 2 percent of total treatment admissions compared with 2 465 in 2005 representing 12 percent of total treatment admissions that year In 2006 first half 4 5 percent of meth treatment admissions were patients under the age of 18 compared with 115 percent in the first half of 2005 It remains to be seen whether or not these findings reflect the beginning of a decline in the actual prevalence of meth abuse especially among the younger adolescent population group Alcohol remained the most widely abused drug According to a new survey of undergraduate students at the University of Minnesota high risk drinking defined as consuming 5 or more drinks at one sitting in the past two weeks was reported by roughly 42 percent of students age 18 20 Students who reported high risk drinking were more likely than studepts who did not to report more negative consequences related to alcohol use such as elevated rates of driving while intoxicated getting in an argument doing poor on a test missing a class and being taken advantage of sexually High risk drinking rates weJeover two times higher among tobacco users 71 6 percent than non tobacco users 34 percent BACKGROUND This report is produced twice annually and is available online at hazelde n org researc h Dakota 375462 Hennepin 1 239 837 Ramsey 515 274 and Washington 213 395 for a total of 2 557 165 or roughly half of the Minnesota State population In the fivecounty metro politan area 84 percent of the population is White African Ameri cans constitute the largest minority group in Hennepin County while Asians are the largest minority group in Ramsey Anoka Dakota and Washington Counties The MinneapolislSt Paul Twin Citiesmetropolitan area in cludes Minnesota s largest city Minneapolis Hennepin County the capital city of St Paul Ramsey County and the surrounding counties of Anoka Dakota and Washington Recent estimates of the population of each county are as follows Anoka 313197 laZelden orgIresearch Page 1 of 13357 hazelden org 800 257 7800 We invite you to call us with questions We are available 24 hours a day DATA SOURCES Treatment data are from addiction treatment programs resi dential outpatient extended care in the five county Twin Cities metropolitan area as reported on the Drug and Alcohol Abuse Normative Evaluation System DAANES of the Minnesota De partment of Human Services through June 2006 Hospital emergency department ED data are from the Drug Abuse Warning Network DAWN Live a newly revised system administered by the Office of Applied Studies of the Substance Abuse and Mental Health Services Administration Data de rived from DAWN Live represent drug reports in drug related emergency department ED visits A patient may report the use of multiple drugs up to six and alcohol Due to the 2003 redesign these DAWN Live data cannot be compared to DAWN data from 2002 and before A full description of DAWN is online at www dawninfo samhsa gov Data from participating hospital emergency departments in the Minneapolis and St Paul Standard Metropolitan Statisti cal Area are from drug related visits that occurred between 1 1 2006 and 6 30 2006 There are 28 eligible hospitals in the area with 26 in the DAWN sample of which 8 to 9 participate Data submitted from all but two hospitals were over 90 percent complete All DAWN cases are reviewed for quality control and based on this review may be corrected or deleted and are therefore subject to change The Office of Applied Studies Substance Abuse and Mental Health Services Administration SAMHSA prepared these data on 11120 2006 Mortality data on drug related deaths are from the Hennepin County Medical Examiner and the Ramsey County Medi cal Examiner through September 2006 Hennepin County cases include those in which drug toxicity was the immediate cause of death and those in which the recent use of a drug was listed as a significant condition contributing to the death Ramsey CountY cases include those in which drug toxicity was the immediate cause of death and those in which drugs were present at the time of death Crime lab data are from the National Forensic Laboratory Infor mation System NFLlS sponsored by the U S Drug Enforce ment Administration which includes data from the Minnesota Bureau of Criminal Apprehension crime labs St Paul and Bemidji Minnesota and the St Paul Police crime lab NFLlS reports solid dosage drug analyses conducted by state and local forensic laboratories across the country on drugs seized by law enforcement 10 1 2005 through 9130 2006 Poison control center data are from the American Association of Poison Control Centers Toxic Exposure Surveillance System hazelden orgresearch TESS provided by the Hennepin Regional Poison Center of Hennepin County Medical Center in Minneapolis from 11 2006 through 5 31 2006 College drinking and drug abuse survey data are from the 2006 Core Alcohol and Drug Survey of 2 358 undergraduate students at the University of Minnesota Minneapolis campus conducted by the Boynton Health Service at the University of Minnesota in Minneapolis The complete report is online at www bhs umn edu healthdata Additional information is from interviews with treatment pro gram staff health officials narcotics agents corrections and law enforcement officials crime lab specialists and school based drug alcohol abuse counselors conducted in Novem ber and December 2006 DRUG ABUSE PATTERNS AND TRENDS COCAINECRACK Admissions to addiction treatment programs with cocaine as the primary substance problem were stable in 2006 first half and accounted for 14 2 percent of total treatment admissions see Exhibit 1 This compares with 144 percent of treatment admissions in 2005 and 13 3 in 2004 Most cocaine related admissions were for crack cocaine Regarding raceethnicity 52 percent were African American 38 8 percent were White 4 6 percent were Hispanic 2 1 percent were American Indian and 04 pefcent were Asian The vast majority 86 9 percent were age 26 and older The average age of first cocaine use was 25 5 years See Exhibit 2 Cocaine involved cases dominated drug related hospital emer gency department ED data and outnumbered reports of any other illicit drug in 2006 first half See Exhibit 3 Of the 1 311 cocaine related reports one third 34 2 percent were women Exhibit 4 Well over half 624 percent were age 35 and above and only 7 1 percent were under age 18 Exhibit 5 Among those with known race ethnicity over half 53 percent were African American 445 percent were White and 24 per cent were Hispanic Exhibit 6 Accidental overdose deaths involving cocaine appear to be declining in both Hennepin and Ramsey County Hennepin County reported 30 in 2006 through September compared with 50 in 2005 entire year The average age of decedents was 43 8 years Over half 56 6 percent were African Ameri can 36 6 were White 3 3 percent Hispanic and 3 3 percent American Indian Ramsey County reported eight cocaine re lated deaths in 2006 through September compared with 12 in 2005 entire year Page 2 of 13358 hazelden org 800 257 7800 We invite you to call us with Questions We are available 24 hours a day Cocaine accounted for 26 3 percent of the drug seizures re ported to NFLlS Exhibit 7 Prices were 100 per gram 800 per ounce and up to 22 000 per kilogram The price of a rock of crack was urichanged at 10 to 20 Gangs in both cities remained involved in the street level retail distribution of crack cocaine The Hennepin Regional Poison Center had 13 calls regarding cocaine in 2006 first half HEROIN AND OTHER OPIATES Heroin related admissions to addiction treatment programs ac counted for 57 percent of total admissions in 2005 first half compared with 5 3 percent in 2005 Patients reporting addiction to other opiates as the primary substance problem accounted for 4 percent of treatment admissions in 2006 first half Like those receiving treatment for cocaine patients treated for heroin addiction tended to be older with almost none 0 7 percent under age 18 27 8 percent age 26 34 and 54 5 percent over age 35 The most common route of administra tion was injection 608 percent followed by sniffing 35 3 percent and smoking also known as foiling or chasing the dragon 3 9 percent Most patients had prior treatment ex perience with only 145 percent reporting their first treatment episode in 2006 Heroin was involved in 401 emergency department incidents in 2006 first half of which 67 8 percent were male People age 35 and older accounted for 419 percent and 2 9 percent were under the age of 18 Of those with known race ethnicity 74 3 percent were White 23 8 percent were African Ameri can and 1 9 percent were Hispanic Prescription narcotic analgesics used medically in the treat ment of pain are also abused nonmedically for the euphoric heroin like effects Of particular concern are prescription med ications containing oxycodone Percodan Percocet and the long acting OxyContin and hydrocodone Vicodin In 2006 first half 926 ED reports involved prescription opioid abuse twice the number that occurred during the same time period in 2005 The Hennepin Regional Poison Center reported 10 calls regarding oxycodone in 2006 first half and five regard ing hydrocodone Hennepin County reported 60 opiate related deaths in 2005 and 52 in 2006 through September Of these five involved fentanyl and 11 methadone The average age of the decedents was 39 1 years and 76 9 percent were White Ramsey County reported 42 in 2005 and 20 in 2006 through September Of these seven involved methadone and two fentanyl azelden orgIresearch Heroin accounted for 1 5 percent of the drug seizures re ported to NFLlS Both hydrocodone and oxycodone accounted for one percent Heroin prices were 100 per gram 800 per ounce and up to 22 000 per kilogram Retail heroin prices remained at 20 to 40 per dosage unit or paper 300 to 400 per gram and 2 500 per ounce Within the Hmong immigrant population a small proportion regularly smokes opium Packages concealing opium continue to be shipped from Asia to residents of the Twin Cities Hmong community In January 2005 30 pounds of opium with a reported street value of 1 3 million was seized as it was de livered to a suburban Woodbury couple METHAMPHETAMINE AND OTHER STIMULANTS In the wake of rising consequences related to meth abuse addiction and manufacture in the Twin Cities and the entire State since 2000 notable downward trends occurred in 2006 The number of clandestine meth labs declined statewide In the Twin Cities methamphetamine related hospital emergency department episodes declined as did methamphetamine related admissions to addiction treatment programs and the proportion of these patients who were adolescents A Minnesota State law effective 7 12005 addressed the retail sale of over the counter cold preparations that contain pseudoephedrine the nasal decongestant used in the manu facture of methamphetamine It restricted the retail sale amounts limited the age of the buyers and placed it behind pharmacy counters The new law also revised criminal penal ties and established clean up and notification requirements child endangerment and vulnerable adult provisions treat ment grants to counties and 10 new State law enforcement agents Since the law took effect methamphetamine labs in Minnesota declined significantly to 59 in 2006 through November com pared with 112 in 2005 full year and 212 in 2004 See Exhibit 8 There were 299 labs in the six quarters preceding the new law compared with 84 in the five quarters since the law In 2006 first half methamphetamine related treatment ad missions accounted for 8 2 percent of total treatment admis sions compared to a record high of 12 percent in 2005 and 3 percent in 2000 There were 2465 methamphetamine treat melt admissions in 2005 and only 806 in 2006 first half Of these 37 6 percent were women and most 894 percent were White Smoking was the most common route of admin istration 66 percent followed by sniffing 16 5 percent and injecting 144 percent Page 3 of 13359 haielden org 800 257 7800 We invite you to call us with Questions We are available 24 hours a day Only 4 5 percent of methamphetamine treatment admissions in 2006 first half were under the age of 18 compared with 9 2 percent in 2005 entire year and 11 5 percent in the first half of 2005 It is unclear whether this trend will continue and the extent to which it might reflect a decline in actual preva lence of abuse especially among the younger adolescent age group Among those entering treatment for methamphet amine the average of age of first use increased Slightly to 21 3 years in 2006 first half from 20 8 in 2005 Hospital ED episodes involving methamphetamine fell signifi cantly in 2006 with 251 in 2006 first half compared with 1 402 in 2005 Women accounted for 43 3 percent Of those with known race ethnicity almost all 95 2 percent were White and 4 8 percent were African American Roughly 40 percent of the patients 39 1 percent were under the age of 25 The proportion age 17 and under remained at 10 percent in both 2005 and 2006 first half Hennepin County reported five accidental overdose deaths involving methamphetamine in 2006 through September compared with seven in 2oo5 entire year Ramsey County also reported five methamphetamine related deaths in 2006 through September compared with seven in 2005 entire year Methamphetamine remained a major focus of law enforce ment in both metropolitan and non metro areas of the State Seizures of methamphetamine by law enforcement accounted for 413 percent ofthe totalsamples reported to NFLlS in 2006 compared with 51 percent in 2005 Methylphenidate Ritalin a prescription drug used in the treatment of attention deficit hyperactive disorder is also used nonmedically to increase alertness and suppress appetite The pills sometimes known as hyper pills or study pills are crushed snorted or ingested orally They sold for 5 per pill or were simply shared with fellow students at middle schools and high schools The Hennepin Regional Poison Center had three calls regarding methamphetamine in 2006 first half and six involving methylphenidate MARIJUANA Past year marijuana use was reported by 316 percent of male and female undergraduate students age 18 24 at the University of Minnesota in 2006 according to a recent student survey see Exhibit 9 Rates were lower among students age 25 and older Again in 2006 more people entered addiction treatment pro grams for marijuana thEm for any other illicit drug accounting for 18 8 percent of total admissions This compares with 17 7 hazelden orgfresearch percent in 2005 19 9 percent in 2004and 212 percent in 2000 Of these 1 836 adrT issions 37 6 percent were age 17 or younger 33 7 percent were 18 25 and only 13 6 percent were 35 or older For many 40 8 percent it was their first treatment episode The average age of first marijuana use was 13 8 years There were 1 265 marijuana involved hospital ED reports in 2006 first half and 3 102 in 2005 Most were White 76 1 per cent and over half 56 6 percent were under the age of 25 Marijuana accounted for 14 3 percent of drugs seized ac cording to NFLlS data and it sold for 5 per joint Standard commercial grade marijuana sold for 50 per quarter ounce 150 to 175 per ounce and 600 900 per pound The more potent BC Bud sold for up to 100 per quarter ounce 600 per ounce and up to 3 000 per pound CLUB DRUGS In 2006 first half 63 hospital ED visits involved MDMA 34 methylenedioxymethamphetamine also known as ecstasy X or e It sold for 20 per pill Gamma hydroxybutyrate GHB known as G Liquid E or Liquid X is a concentrated liquid abused for its stupor like depressant effects ahd as a predatory knockout drug facili tated rape drug There were three hospital ED reports of GHB in 2006 first half It sold for 10 per capful Ketamine also known as Special K is a veterinary anesthet ic that first appeared as a drug of abuse among young people in Minnesota in 1997 Ketamine is snorted injected or put into capsules or pills and produces strong dissociative effects There were no hospital ED reports of it in 2006 first half HALLUCINOGENS Over the counter cough and cold products that contain dex tromethorphan a cough suppressant continued to be abused for hallucinogenic effects by ingesting doses many times in excess of the recommended amount Dextromethorphan also known as DXM is the active ingredient in Coricidin HBP Cough and Cold known as Triple Cs and Robitussin Excessive dosages produce long acting hallucinations altered time perception slurred speech profuse sweating uncoordi nated movements and high blood pressure Being under the influence of these products is known as Robo tripping or Skittle ing Phencyclidine PCP a dissociative anesthetic is most often used in combination with marijuana in joints known as wet sticks or dipped joints but can also be injected or snorted Page 4 of 13360 hazelden org 800 257 7800 We invite you to call us with questions We are available 24 hours a day In 2006 first half there were 19 hospital ED reports of PCP Lysergic acid diethylamide LSD or acid is a strong syn thetically produced hallucinogen typically sold as saturated tiny pieces of paper known as blotter acid for 5 to 10 per dosage unit There were 28 hospital ED reports of LSD in 2006 first half and an additional 30 reports of miscellaneous hal lucinogens ALCOHOL AND TOBACCO Alcohol remained the most widely uSed mood altering sub stance in Minnesota Past year alcohol use was reported by 88 6 percent of female undergraduate students age 18 c 24 atthe University of Minnesota compared with 79 3 percent of males see Exhibit 9 Extreme cOllege drinking remained a problem of significant magnitude and growing concern High risk drinking defined as consuming five or more drinks at one sitting in the past two weeks was reported by roughly 42 percentof male and female undergraduate students age 18 20 at the University of Minnesota see Exhibit 10 Students who reported high risk drinking were more likely than students who did not to report more negative consequences related to use such as elevated rates of driving while intoxicated getting in an argu ment doing poor on a test missing a class and being taken advantage of sexually When asked If a person passed out from alcohol drug use and you cannot wake them up how likely is it you would call 9 1 17 53 2 percent of students said it was very likely and 18 3 percent said somewhat unlikely or very unlikely Admissions to addiction treatment programs with alcohol as the primary substance problem accounted for 47 5 percent of total treatment admissions in 2006 first half down from 54 6 percent in 2000 Of these patients 287 percent were women 76 2 percent were White 13 1 percent were African American 5 6 percent were Hispanic and 3 0 percent were American Indian Only 34 percent were age 17 and under and 59 5 percent were age 35 and older The average age of first alcohol use was 15 7 years There were 344 hospital ED reports of underage drinking in 2006 first half and 1 885 total reports inVOlving alcohol Tobacco use remained the leading cause of preventable dis ease and death in Minnesota producing 1 6 billion in direct health care costs annually and an additional 1 billion in lost productivity costs according to the Minnesota Department of Health Each year 5 600 Minnesotans die from tobacco re lated disease one of every seven deaths Current past 30 days tobacco use cigarettes cigars chew hazelden orgIresearch ing tobacco was reported by 28 1 percent of male under graduate students age 18 24 at the University of Minnesota compared with 22 6 percent of females see Exhibit 11 Rates were slightly higher for students age 25 and older Tobacco use was associated with elevated rates of both high risk drinking and marijuana use among the undergraduates Among students who used tobacco 716 percent reported high risk drinking versus 34 percent among non tobacco us ing students Exhibit 12 Among students who used tobacco 37 7 percent reported marijuana use versus 7 8 percent among non tobacco using students Exhibit 13 Daily nicotine use mostly tobacco remained prevalent among patients in addiction treatment programs ranging from 78 8 percent among heroin addicts to 58 9 percent among alcohol ics in treatment OTHER DRUGS Khat a plant with stimulant effects that is chewed or brewed in tea in East Africa and Middle Eastern cultures is used within the Somali immigrant communities of the Twin Cities Its active ingredients cathinone and catheine are controlled substances in the United States Prescription drug abuse refers to the nonmedical abuse of a wide range of prescription drugs In 2006 first half there were 388 hospital ED reports involving the nonmedical abuse benzodiazepines which are prescribed medically to treat anxiety disorders There were 24 hospital ED cases in 2006 first half involving inhalants DRUG ABUSE RELATED DISEASES Most of the 5 233 cases of HIV infection and AIDS in Minnesota in 2005 were in the Minneapolis St Paul area Exposure categories for all Minnesota cases of HIV and AIDS combined were as follows men who have sex with men 52 percent injection drug use 7 percent men who have sex with men and injection drug use five percent heterosexual contact 12 percent perinatal 1 percent and unspecified no interview 21 percent The level of hepatitis C virus HCV a blood borne liver disease contracted by injection drug abusers remained high with estimated rates as high as 90 percent among patients in methadone treatment programs Page 5 of 13361 hazelden org hazelden orgresearch 800 257 7800 We invite you to call us with questions Weare available 24 hours a day EXHIBIT 1 Patients admitted to Twin Cities addiction treatment programs by primary substance problem January June 2006 alcohol 47 5 all other 1 5 other opiates 4 0 heroin 5 7 methamphetamine 8 2 cocaine 14 2 marijuana 18 8 SOURCE Drug and Alcohol Abuse Normative Evaluation System DAANES Minnesota Department of Human Services 2006 EXHIBIT 2 Characteristics of patients admitted to Twin Cities addiction treatment programs by primary substance problem January June 2006 h h TOTAL admissions ALCOHOL 4 649 MARlJllANA 1 836 COCAINE 1 388 METH 806 HEROIN 560 9 781 47 5 18 8 142 8 2 5 70 GENDER male 71 3 19 7 69 9 62 4 69 1 00 female 28 7 20 3 30 1 37 8 30 9 RACEIETliNICITY White 76 2 61 3 38 8 89 4 60 5 00 African Am 13 1 283 52 1 327 Hispanic 5 6 52 4 6 3 6 3 Am Indian 3 3 1 2 1 2 4 3 Asian 0 9 1 2 0 4 2 1 0 2 AGE 17 and under 3 4 37 6 2 3 4 5 07 18 25 15 8 33 7 10 8 34 5 17 26 34 21 2 152 17 5 322 27 8 35 59 5 13 6 69 4 28 9 54 5 ROUTE of ADMINISTRATION smoking 83 8 66 3 9 sniffing 15 2 16 5 35 3 injecting 1 14 4 60 8 oral 3 SECONDARY DRUGS marijuana 54 2 alcohol 70 5 akxlho 54 7 marijuana 47 cocaine 30 2 cocaine 28 9 COC8ine 13 3 marijuana 28 8 alc0hoi 32 7 other opiates 18 1 math 6 5 meth 89 heroin 3 5 cocaine 11 9 marijuana 16 6 TERTIARY DRUGS l cocaioe 34 1 alne 352 martuana 423 alcohol 43 9 aIcotlol 28 2 l marijuana 29 2 akohoI 33 4 8Icohol 38 3 marijuana 29 9 cocaine 23 6 l meth 132 melh 11 2 math 4 5 cocaine 13 9 marIuana 19 0 l IS1TREATMENT 29 3 40 8 17 25 6 14 5EPISODE AVERAGE AGE 1st USE 15 7 13 8 25 5 21 3 227inyears DAILY NICOTINE USE 58 9 64 1 648 77 78 8 SOURCE Drug and Alcohol Abuse Normative Evaluation System DAANES Minnesota Department of Human ServIces 2006 Page 6 of 13362 hazelden org IaZelden orgfresearch 800 257 7800 We invite you to call us with questions We are available 24 hours a day EXHIBIT 3 Reports on drug related hospital emergency department ED visits in MinneapolisjSt Paul by drug category unweighted January June 2006 alcohol cocaine marijuana Rx opiates heroin Rx benzodiazepines underage drinking methamphetamine MDMA amphetamine LSD Inhalants mise halludnogens PCP GHB 0 200 600 800 1885 1000 1800400120014001600 of reports SOURCE DrugAbuse WamingNetwortl DAWN LIVE Cases aretom metro area hospital emergency departments from 1 1 2006 through 613012006 AI DAWN cases arareviewed for quaRty control and based on this review maybe COJJeCted ordeleted and aretherefore subject 10 change These data were prepared by the omce ofAppHed Studies Jbstance Abuse and Mental Health Services Administration SAMHSA on 11120 2006 EXHIBIT 4 of cases Reports on drug related hospital ED visits in MinneapolisjSt Paul by drug and patient gender unweightecl January June 2006 100 80 40 20 o 65 7 66 r male lIB femaleL 67 8 meth heroincocainemarijuana SOURCE Drug AbuseWarning NetwOrk DAWN LIVE Cases arefrom metroarea hospitalelTlef9ency departments from 11112006 lhrough 613012006AIDAWNcasesarereviewedforqualitycontrolandbasedonIhisreviewmaybecorrectedordeletedandarethereforesubject10changeThese data were prepared by the Office ofApprl8d Studies Substance Abuseand Mental Health Services Administration SAMHSA on 1112at2006 Page 7 of 13 363 hazelden org hazelden orgIresearch 800 257 7800 We invite you to call us with Questions We are available 24 hours a day EXHIBIT 5 Reports on drug related hospital ED visits in MinneapolisjSt Paul by drug and patient age unweighted January June 2006 of cases 100 11I 17 under 18 24 25 34 35 and above 80 62 4 41 9 40 33 4353 20 o cocaine heroinmarijuanameth SOURCE Drug Abuse Warring Network DAWN UVE Cases arefrom metro area hospilaI emergency departments from 1 112006 UYOugIl6l3OJ2006 AI DAWN cases arereviewed tor quaUtyeonlrd and based on this review maybe correctedordeletedand arelherefore subtect 10 change These data were prepared by the OffIce ofAppIled StUdies Substance Abuse and Mental Health SeMees Administrallon SAMHSA on 1112012006 EXHIBIT 6 Reports on drug related hospital ED visits in MinneapolisjSt Paul by drug and patient racejethnicity unweighted January June 2006 of cases 100 952 80 hite n Arnerican ispan 60 40 i 20 f 0 cocaine heroinmarijuanameth SOURCE Drug AbuseWarning Network DAWN lIVE Casesarefrom metroarea hospitalemergency departments from 111 2006 through 613012OO6 AD DAWN cases arereviewed forquality control and based on thisreview may be corrected ordeleted and aretherefore subject tochange These datawere prepared by the Office ofAppfied Stud s Substance Abuse and Mental HeatthServices Administration lSAMHSA on 111202006 Race percentages arecalculated using ooJy those cases in which racewas knownand specified ethnicity spedIledlknown In 983 cocaine reports 980 marijuana reports 187 rneth reports and 315 heroin reports Page 8 of 13364 hazelden org azeJden orWresearch 800 257 7800 We invite you to call us with questions We are available 24 hours a day EXHIBIT 7 Drug seizures St Paul Minnesota 10 1 2005 through 9 30 2006 drug type count methamphetamine 3 003 cocaine 1 915 41 3 cannabis 1 041 MDMA 182 12 5 heroin 111 11 5 oxycodone 77 11 hydrocodone 70 11 all other 879 12 1 o 10 20 30 of total 40 50 SOURCE National Forensic laboratory InformatIon System NFUS U S Drug Enforcement AdminIstratIon 2006 EXHIBIT 8 Methamphetamine labs in Minnesota 2004 2006 by month 30 of labs 2S Stale law effective 71112005 o 2 3 4 5 6 7 8 9 1011 12 1 2 3 4 5 6 7 8 91011 12 2 3 4 5 6 7 8 9 1011 2004 2005 2006 SOURCE U S Drug Enforcement Administration 2006 Page 9 of 13 365 hazelden org hazeJden org1research 800 257 7800 We invite you to call us with questions We are available 24 hours a day EXHIBIT 9 Past year alcohol and drug use University of Minnnesota undergraduate students by age group and gender 100 of students 88 6 88 1 80 40 o AGE 1824 I AGE25 AGE 18 24 I AGE 25 MARUUANA OTHER ILLCIT DRUGSALCOHOL llII males females mI males females 10 8 AGE 18 24 I AGE25 SOURCE 2006 Core Alcohol and Drug Survey Boynton Health Service University of Minnesota Minneapolis N 2 348 other iIIidt drugs cocaine amphetamines opiates MDMA sedatives hanudnogens inhalants steroids and others EXHIBIT 10 High risk drinking past 2 weeks University of Minnesota undergraduate students by age group and gender of students100 80 C 60 42 2 41 9 20 AGE 18 20 males m females 48 9 SOURCE 2006 Core Alcohol and Drug Survey Boynton Health Service University of Minnesota Minneapolis N 2 348 High risk drinking consuming 5 or moredrinks at one sitting AGE 21 Page 10 of 13366 hazelden org IaZelden orgresearch 800 257 7800 We invite you to call us with Questions We are available 24 hours a day EXHIBIT 11 Current past 30 days tobacco use University of Minnesota undergraduate students by age group and gender 100 of students 80 60 40 28 1 20 AGE 18 24 m males m females 28 8 SOURCE 2006 Core Alcohol and Drug Survey Boynton Health Service University of Minnesota Minneapolis N 2348AGE25 EXHIBIT 12 High risk drinking past two weeks by University of Minnesota undergraduate students by age group and tobacco use 100 of students 80 riEi tob se tob acc US h 74 20 o ALL AGES AGE 18 24 53 SOURCE 2006 Core Alcohol and Drug Survey Boynton Health Service University of Minnesota Minneapolis N 2 348TobaccousedgarettescigarsandsmokelesstobaccoHighriskdrinkingconsuming5ormoredrinksatonesittinginthepast2weeks AGE 25 Page 11 of 13 367 hazelden org hazeJden orgIresearch 800 257 7800 We invite you to call us with questions We are available 24 hours a day EXHIBIT 13 Current past 30 days marijuana use by University of Minnesota undergraduate students by age group and tobacco use of students 1 00 f 80 60 40 313 o 20 ALL AGES r t b r tob 38 9 n u n AGE18 24 27 3 SOURCE 2006 Core Alcohol and Drug Survey Boynton Health Service University of Minnesota Minneapolis N 2 348 Tobacco use agarettes agars and smokeless tobacco AGE 25 Page 12 of 13368 hazelden org 800 257 7800 We invite you to call us with questions We are available 24 hours a day This re port is produced twice annually and is available online at hazelden orglresearch hazelden orgfresearch Page 13 of 13369 hazelden org 800 257 7800 We invite you to call us with questions We are available 24 hours a day Hazelden a national nonprofit organization founded in 1949 helps people reclaim their lives from the disease of addiction With nearly 60 years of knowledge and experience Hazelden s comprehensive approach to addiction addresses the full range of patient family and professional needs including treatment and continuing care for youth and adults research higher learning pubiic education and advocacy and publishing Hazelden locations CENTER CITY MINNESOTA PLYMOUTH MINNESOTA S1 PAUl MINNESOTA NEWBERG OREGON NEW YORK NEW YORK CHICAGO ILUNOIS 742201 e 2007 Hazelden Foundalion Hazelden and the Hazelden loge are registered ademarks of the Hazelden Foundalion Patient Family and Professional Services and Programs CENTER CITY MINNESOTA Alcohol Drug Use Assessment and Evaluation Residential Outpatient Alcohol Drug Addiction Treatment for Men Women and Healthcare Professionals Mental Health Services Family Programs Residential Extended Care Continuing Care Programs Recovery Retreats Nicotine Cessation Services Professionals in Residence Program PLYMOUTH MINNESOTA Center for Youth and Families Alcohol Drug Use Assessment and Evaluation Residential and Outpatient Alcohol Drug Addiction Treatment for Youth Mental Health Services Youth Residential Extended Care Males Parent Programs Outpatient Nicotine Cessation Services S1 PAUl MINNESOTA Alcohol Drug Use Assessment and Evaluation Adult Residential Intermediate Care Adult Outpatient Treatment Mental Health Services CHICAGO ILUNOIS Alcohol Drug Use Assessment and Evaluation Outpatient Alcohol Drug Addiction Treatment for Men and Women Sober Residence Family Programs Mental Health Services Continuing Care Programs NEW YORK NEW YORK Alcohol Drug Use Assessment and Evaluation Outpatient Alcohol Drug Addiction Treatment for Men and Women Family Programs Continuing Care Programs Professionals in Residence Program NEWBERG OREGON Springbrook Alcohol Drug Use Assessment and Evaluation Residential Alcohol Drug Addiction Treatment for Men and Women Healthcare Professionals Addiction Treatment Program Mental Health Services Family Programs Residential Extended Care Continuing Care Programs Professionals in Residence Program Research The Butler Center for Research improves recovery outcomes by conducting clinical research collaborating and communicating scientific findings about addiction Publishing Publishing provides products and services to help people recognize understand and overcome the disease of addiction and related issues Public Education and Advocacy Hazelden addiction specialists speak at publicevents conferences and educational venues to improve public understanding of addiction treatment and recovery Higher Learning The Hazelden Graduate School of Addiction Studies is dedicated to educating future leaders in addiction counseling to improve treatment and recovery from the disease of addiction 370 KiEFi iif OtmanIan 1 Homes REceiVED MAY 0 8 2007 CITY OF CHANHASSEN7615SmetanaLaneSuite180 Eden Prairie MN 55344 May 7 2007 Ms Kate Aanenson Community Development Director City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 RE Liberty at Creek Side Dear Ms Aanenson I am writing to notify you that K Hovnanian Homes has cancelled its purchase agreement with the seller of the Bruce Jeurissen parcel which had obtained preliminary plat approval for our Liberty at Creek Side community Because of the difficult market conditions and lower than expected velocity of sales at our Liberty on Bluff Creek community we can no longer pursue this community I would like to thank you and your staff for your significant contributions to successfully obtaining preliminary plat approval for this community and we look forward to working with yourself and the city of Chanhassen in the future K Hovnanian Homes is continually exploring new development opportunities and we would like to visit with you in the near future to determine what opportunities are available in Chanhassen for various types of communities Once again thank you for your continued assistance with our communities If you have any questions please do not hesitate to contact me at 952 253 0462 Very truly yours Kevin M Clark Vice President of Land Development cc Rick Janssen Vice President of Land Acquisition 371 cc I p c f II t7 t7 May 4 2007 To Jerry Ruegemer Recreation Superintendent It is with great difficulty that I am informing you of my resignation from the City of Chanhassen Recreation SupeNisor Position As you know I have been offered and accepted a position with the City of St Louis Park I have greatly enjoyed working here during my short time and will miss working with the wonderful staff at the City of Chanhassen I wish to thank you the park and recreation staff and the rest of the city staff for giving me a great place to work and in gaining valuable experiences both professionally and personally If there is anything I can do to help during the upcoming transition phase please let me know My last day here will be Friday May 18th pursuant to the City of Chanhassen s two week resignation notification policy Again I thank you for my time spent here and appreciate the chance you have given me Sincerely Nathan Rosa Cc Todd Hoffman Park and Recreation Director Todd Gerhardt City Manager Laurie Hokkanen Assistant City Manager 372 Chanhassen Prosecution January 1 2007 March 31 2007 New 2007 files opened 68 Gross Misdemeanors Gross Misdemeanors DWI Total Gross Misdemeanors 3 2 12 Misdemeanors Domestic Assaults Misdemeanors Petty Misdemeanors Total Misdemeanors Ju J A4 d 49 2 5 56 373 MEMORANDUM TO Mayor and City Council Todd Gerhardt City Manager FROM Jerritt Mohn Building Official DATE May 9 2007 SUBJ Adoption of State Building and Fire Codes Chanhassen Building Inspections Division has been and will continue training in anticipation ofthe adoption ofthe new Minnesota Building and Fire Codes see attached memo from the Minnesota Department of Labor and Industry In addition the Chanhassen Building Inspections Division is working in conjunction with the Chaska Building Inspections Division to provide training to local contractors with the intention of promoting a relatively smooth transition to these more current codes G safety stlmemoslcounciVMSBC2007adoption doc 374 MINNESOTA DEPARTMENT OF rLABOR Be INDUSTRY A trusted resource utilized by employees and employers OFFICE MEMORANDUM DATE May 8 2007 TO Code Officials Design Professionals Contractors and Suppliers 7f Ii i h L j A l FROM Thomas C Anderson State Building Official Jerry Rosendahl State Fire Marshal PHONE 651 284 5832 SUBJECT State Building and Fire Code adoption delayed to July 10 2007 July 10 2007 has been confirmed as the final adoption date of the Minnesota Building and Fire codes While the division s goal has been to have adoption occur on May 31 2007 an unexpected delay occurred in the rule process Commissioner Brener decided to delay the code after receiving a request from a segment ofthe industry requesting extra time for training and production of the code materials After considerable discussion it was decided a 40 day delay would not have an adverse impact on the code yet would provide valuable time for stakeholders to obtain code materials and additional training for successful implementation of the code On Monday July 2 2007 the notice of adoption will be published in the State Register with an effective date of July 10 2007 for the following codes Chapter 1300 Minnesota Building Code Administration Chapter 1303 Special Provisions Minnesota provisions of the State Building Code Chapter 1305 Adoption of the International Building Code Chapter 1306 Special Fire Protection Systems Chapter 1309 Adoption of the International Residential Code Chapter 1341 Minnesota Accessibility Code Chapter 7511 State Fire Code proposed new chapter to replace chapter 7510 Chapter 1307 Elevators and related devices was adopted and became effective Jan 29 2007 more 375 The following codes are still in various stages of adoption and are expected to follow this fall Chapter 1311 Minnesota Conservation Code for Existing Buildings Chapter 1322 Residential Energy Code Chapter 1323 Commercial Energy Code Chapter 1346 Mechanical and Fuel Gas Codes Chapter 4715 Minnesota Plumbing Code Chapter 5230 High pressure piping pipefitters power piping system 376 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 952227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952227 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 h ODATEMay42007 SUBJECT Review of Claims Paid The following claims are submitted for review on May 14 2007 Check Numbers Amounts 132624 132799 483 578 93 April Visa charges 19 088 60 Total All Claims 502 667 53 Attachments Check Summary Check Detail Report Visa Listing 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 play377 CITY OF CHANHASSEN Accounts Payable Printed 05 04 2007 08 14 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 132624 mnchil MN CHILD SUPPORT PAYMENT CTR 0418 2007 0 00 436 08 132625 mnchil MN CHILD SUPPORT PAYMENT CTR 04 18 2007 0 00 400 55 132626 aarp AARP 04 19 2007 0 00 320 00 132627 ban for BANNFORMSTECHNOLOGY 0419 2007 0 00 312 09 132628 bcatra BCA TRAINING DEVELOPMENT 04 19 2007 0 00 150 00 132629 borsta BORDER STATES ELECTRIC SUPPLY 04 19 2007 0 00 96 07 132630 boytru Boyer Truck Parts 0419 2007 0 00 93 95 132631 brapum BRAUN PUMP CONTROLS 0419 2007 0 00 57 12 132632 Brofir Brothers Fire Protection 0419 2007 0 00 350 99 132633 camknu CAMPBELL KNUTSON 0419 2007 0 00 15 189 17 132634 cartre CARVER COUNTY TREASURER 0419 2007 0 00 23 25 132635 cenene CENTERPOINT ENERGY MINNEGASCO 04 19 2007 0 00 4 293 99 132636 chaska CITY OF CHASKA 0419 2007 0 00 76 00 132637 corexp CORPORATE EXPRESS 0419 2007 0 00 32 84 132638 damfar DAMON FARBER ASSOCIATES 0419 2007 0 00 47 50 132639 deeprock Deep Rock Water Company 0419 2007 0 00 6 71 132640 dyname DYNAMEX DELIVERS NOW 04 19 2007 0 00 33 64 132641 eh1ers EHLERS ASSOCIATES INC 0419 2007 0 00 225 00 132642 emeapp EMERGENCY APP ARATUS MAINT INC 0419 2007 0 00 244 61 132643 facmot FACTORY MOTOR PARTS COMPANY 04 19 2007 0 00 33 JJ 7 132644 forame FORCE AMERICA INC 0419 2007 0 00 28 27 132645 gopsig GOPHER SIGN COMPANY 04 19 2007 0 00 598 15 132646 hach Hach Company 0419 2007 0 00 158 21 132647 hantho HANSEN THORP PELLINEN OLSON 04 192007 0 00 823 50 132648 hoiKoe HOISINGTON KOEGLER GROUP 0419 2007 0 00 455 00 132649 imppor IMPERIAL PORTA PALACE 04 19 2007 0 00 440 98 132650 infrat INFRA TECH 04 19 2007 0 00 1 017 50 132651 kuscon KUSSKE CONSTRUCTION COMPANY 04 19 2007 0 00 127 385 02 132652 1absaf LAB SAFETY SUPPLY 0419 2007 0 00 301 82 132653 1aflin LAF Lines Ltd 0419 2007 0 00 113 00 132654 LAKCOM LAKESHORE COMMUNICATIONS LLC 04 19 2007 0 00 23 1 00 132655 1akequ LAKESHORE EQUIPMENT CO INC 04 192007 0 00 4 93841 132656 LunBro LUNDGREN BROS CONSTRUCTION 04 19 2007 0 00 10 500 00 132657 macequ MACQUEEN EQUIPMENT 04 19 2007 0 00 121 62 132658 madjoh MADSEN JOHNSON CORPORATION 04 19 2007 0 00 40 98853 132659 metfor METROPOLITAN FORD 0419 2007 0 00 226 94 132660 midp1a MIDWEST PLA YSCAPES 04 19 2007 0 00 585 75 132661 MINGER MINGER CONSTRUCTION 04 19 2007 0 00 4 321 50 132662 MNUCFU Minnesota UC Fund 04 19 2007 0 00 2 754 75 132663 mtidis MTI DISTRIBUTING INC 04 19 2007 0 00 782 67 132664 rnxlog MX Logic 0419 2007 0 00 97 00 132665 PARTS PARTS ASSOCIATES INC 0419 2007 0 00 188 55 132666 pra1aw PRAIRIE LAWN GARDEN 0419 2007 0 00 100 85 132667 quaflo Quality Flow Systems Inc 0419 2007 0 00 18 569 34 132668 qwest QWEST 0419 2007 0 00 6842 132669 schmdean DEAN SCHMIEG 04 19 2007 0 00 1 015 20 132670 schson SCHARBER SONS INC 04 19 2007 0 00 308 63 132671 sensys SENTRY SYSTEMS INC 0419 2007 0 00 996 00 132672 SHAKOP CITY OF SHAKOPEE 0419 2007 0 00 2 100 00 132673 sou1oe SOUTHWEST LOCK KEY 04 19 2007 0 00 109 00 132674 sousub SOUTHWEST SUBURBAN PUBLISHING 04 19 2007 0 00 4 644 62 132675 srfcon SRF CONSULTING GROUP INC 04 19 2007 0 00 5 870 88 132676 subche SUBURBAN CHEVROLET 04 19 2007 0 00 398 00 132677 Trcom TR COMPUTER SALES LLC 0419 2007 0 00 400 00 132678 Twicit TWIN CITY WATER CLINIC INC 04 19 2007 0 00 250 00 132679 verizo VERIZON WIRELESS 04 19 2007 0 00 27 96 132680 wacfar WACONIA FARM SUPPLY 04 19 2007 0 00 305 31 132681 WATCOM WATEROUS COMPANY 04 19 2007 0 00 376 36 132682 watcom WA TEROUS COMPANY 04 19 2007 0 00 12 500 00 132683 wellmari MARIANNE WELLS 0419 2007 0 00 580 00 132684 WESTER WESTERMANN S ART FRAME 04 192007 0 00 231 7 5 132685 wsdar WS DARLEY CO 0419 2007 0 00 494 95 Page 1 378 CITY OF CHANHASSEN Accounts Payable Printed 05 04 2007 08 14 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 132686 wwgra WW GRAINGER INC 0419 2007 0 00 128 73 132687 xcel XCEL ENERGY INC 0419 2007 0 00 46051 132688 INDSCH INDEPENDENT SCHOOL DIST 112 04 26 2007 0 00 3 791 96 132689 kawitt K A Witt Construction Inc 04 26 2007 0 00 10 575 72 132690 10spr 10 Spring Inc 04 26 2007 0 00 1 250 00 132691 AberTony TONY ABERNATHY 04 26 2007 0 00 103 96 132692 advgol Adventure Golf Academy 04 26 2007 0 00 512 00 132693 ARAMAR ARAMARK 04 26 2007 0 00 24247 132694 ATTAZ AT T CONSUMER LEASE SERVICES 04 26 2007 0 00 14 62 132695 banfor BANN FORMS TECHNOLOGY 04 26 2007 0 00 889 19 132696 borsta BORDER STATES ELECTRIC SUPPLY 04 26 2007 0 00 225 69 132697 bryroc BRYAN ROCK PRODUCTS INC 04 26 2007 0 00 151 27 132698 cartre CARVER COUNTY TREASURER 04 26 2007 0 00 20 75 132699 CHAPET CITY OF CHANHASSEN PETTY CASH 04 26 2007 0 00 174 50 132700 chaska CITY OF CHASKA 04 26 2007 0 00 264 00 132701 cormec CORPORATE MECHANICAL 04 26 2007 0 00 88 26 132702 cutabo CUT ABOVE WOOD CO 04 26 2007 0 00 3 583 00 132703 delden Delta Dental 04 26 2007 0 00 1 18345 132704 dunrit DUNN RITE SHOES REPAIR 04 26 2007 0 00 278 00 132705 dyname DYNAMEX DELIVERS NOW 04 26 2007 0 00 59 59 132706 ecmpub ECM PUBLISHERS INC 04 26 2007 0 00 160 00 132707 ecocry Ecowater Crystal Canyon 04 26 2007 0 00 15 07 132708 exeoce Executive Ocean Inc 04 26 2007 0 00 403 27 132709 flotot FLOYD TOTAL SECURITY 04 26 2007 0 00 20 00 132710 GilbJim JIM GILBERT 04 26 2007 0 00 300 00 132711 gopsig GOPHER SIGN COMPANY 04 26 2007 0 00 25 51 132712 hallTiff Tiffany Hall 04 26 2007 0 00 121 62 132713 hantho HANSEN THORP PELLINEN OLSON 04 26 2007 0 00 116 25 132714 haynTric Tricia Haynes 04 26 2007 0 00 425 00 132715 HSBBUS HSBC BUSINESS SOLUTIONS 04 26 2007 0 00 396 79 132716 ICMART ICMA RETIREMENT AND TRUST 457 04 26 2007 0 00 1 560 00 132717 indsch INDEPENDENT SCHOOL DIST 112 04 26 2007 0 00 4 395 94 132718 kimhor KIMLEY HORN AND ASSOCIATES INC 04 26 2007 0 00 37 232 09 132719 klmeng KLM ENGINEERING INC 04 26 2007 0 00 1 800 00 132720 LEAMIN LEAGUE OF MINNESOTA CITIES 04 26 2007 0 00 20 00 132721 leerub LEE S RUBBER STAMPS 04 26 2007 0 00 60 94 132722 magcar MAGIC CARPET SPECIALISTS INC 04 26 2007 0 00 404 70 132723 metath METRO ATHLETIC SUPPLY 04 26 2007 0 00 29 71 132724 meyvid MEYER VIDEO PRODUCTION 04 26 2007 0 00 500 00 132725 MNCHIL MN CHILD SUPPORT PAYMENT CTR 04 26 2007 0 00 400 55 132726 mnlife MINNESOTA LIFE 04 26 2007 0 00 1 496 79 132727 MNNAT MN DEPT OF NATURAL RESOURCES 04 26 2007 0 00 150 00 132728 MSRS MSRS 04 26 2007 0 00 2 528 92 132729 NA TRET NATIONWIDE RETIREMENT SOLUTION 04 26 2007 0 00 5 602 09 132730 neolea NEOPOST LEASING 04 26 2007 0 00 1 459 05 132731 NFSA NATIONAL FIRE SPRINKLER ASSN 04 262007 0 00 85 00 132732 oehmpaul PAUL OEHME 04 26 2007 0 00 19 89 132733 POTCAN POTTERS CANADA 04 26 2007 0 00 2 573 00 132734 reares REACH FOR RESOURCES 04 26 2007 0 00 3 813 00 132735 reebus REED CONSTRUCTION DATA 04 26 2007 0 00 22746 132736 RIESFRED Riese Family Properties LLC 04 26 2007 0 00 417 11 132737 sensys SENTRY SYSTEMS INC 04 26 2007 0 00 942 27 132738 siegchar CHARLES SIEGLE 04 26 2007 0 00 3045 132739 signso SIGNSOURCE 04 26 2007 0 00 50 06 132740 SPRPCS SPRINT PCS 04 26 2007 0 00 54 63 132741 tecgra TECHNAGRAPHICS 04 26 2007 0 00 393 28 132742 UB 00066 Edina Realty Title 04 26 2007 0 00 18 25 132743 UB 00067 Preferred Title ofMN 04 26 2007 0 00 12644 132744 UNIW A Y UNITED WAY 04 26 2007 0 00 42 00 132745 verizo VERIZON WIRELESS 04 262007 0 00 7 56 132746 wascou WASHINGTON COUNTY 04 26 2007 0 00 354 62 132747 xcel XCELENERGYINC 04 26 2007 0 00 23 778 16 Page 2 379 CITY OF CHANHASSEN Accounts Payable Printed 05 04 2007 08 14 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 132748 zepman ZEP MANUFACTURING COMPANY 04 26 2007 0 00 205 04 132749 BCATRA BCA TRAINING DEVELOPMENT 04 27 2007 0 00 45 00 132750 post POSTMASTER 04 27 2007 0 00 685 61 132751 bomos BONESTROO ROSENE ANDERLIK 05 03 2007 0 00 6 996 00 132752 Stewtom Tom and Colleen Steward 05 03 2007 0 00 1 320 00 132753 ARTART ARTWORKS ART FRAME INC 05 03 2007 0 00 221 66 132754 asbene ASSURANT EMPLOYEE BENEFITS 05 03 2007 0 00 1 217 99 132755 borsta BORDER STATES ELECTRIC SUPPLY 05 03 2007 0 00 57 65 132756 boytru Boyer Truck Parts 05 03 2007 0 00 28 27 132757 carswc CARVER SWCD 05 03 2007 0 00 440 00 132758 cartre CARVER COUNTY TREASURER 05 03 2007 0 00 17 25 132759 centel CENTURY TEL 05 03 2007 0 00 2 534 56 132760 cinwir CINGULAR WIRELESS 05 03 2007 0 00 944 132761 dirsaf DIRECT SAFETY COMPANY 05 03 2007 0 00 21652 132762 dunsee DUNLAP SEEGER PA 05 03 2007 0 00 7 000 00 132763 emeaut EMERGENCY AUTOMOTIVE TECH INC 05 03 2007 0 00 8 03 132764 gerhtodd TODD GERHARDT 05 032007 0 00 425 00 132765 hantho HANSEN THORP PELLINEN OLSON 05 03 2007 0 00 3 799 60 132766 hdsup HD Supply Waterworks LID 05 03 2007 0 00 889 87 132767 infrat INFRA TECH 05 03 2007 0 00 219 58 132768 jenkjoel JOEL JENKINS 05 03 2007 0 00 198 00 132769 johsup JOHNSTONE SUPPLY 05 032007 0 00 641 80 132770 kimhor KIMLEY HORN AND ASSOCIATES INC 05 03 2007 0 00 2 992 80 132771 mascol Master Collision Group 05 03 2007 0 00 710 25 132772 mnawwa MINNESOTA A WWA 05 032007 0 00 130 00 132773 mtidis MTI DISTRIBUTING INC 05 03 2007 0 00 142 80 132774 mvec MN VALLEY ELECTRIC COOP 05 03 2007 0 00 51641 132775 nahashel Shelley Nahan 05 03 2007 0 00 125 00 132776 nextel NEXTEL 05 032007 0 00 2 90444 132777 osttre OSTVIG TREE INC 05 03 2007 0 00 639 90 132778 pummet PUMP AND METER SERVICES INC 05 03 2007 0 00 16 02 132779 reebus REED CONSTRUCTION DATA 05 03 2007 0 00 22746 132780 Schmigre Greg Schmieg 05 03 2007 0 00 30 61 132781 schson SCHARBER SONS INC 05 03 2007 0 00 9 21 132782 seadiv Seaya Diving Inc 05 03 2007 0 00 1 108 37 132783 secure Securetechs Inc 05 03 2007 0 00 50 26 132784 seh SEH 05 03 2007 0 00 17 004 19 132785 sensys SENTRY SYSTEMS INC 05 03 2007 0 00 76 79 132786 shotru SHOREWOOD TRUE VALUE 05 03 2007 0 00 8 71 132787 spscom SPS COMPANIES INC 05 032007 0 00 133 07 132788 SwenKris Kris Swensson 05 03 2007 0 00 322 27 132789 termin TERMINIX 05 03 2007 0 00 47 93 132790 toyne Toyne Inc 05 03 2007 0 00 148 15 132791 ultmar ULTIMATE MARTIAL ARTS INe 05 03 2007 0 00 420 00 132792 usab1u USA BLUE BOOK 05 03 2007 0 00 424 05 132793 verizo VERIZON WIRELESS 05 03 2007 0 00 10D3 132794 watcom WATEROUS COMPANY 05 03 2007 0 00 8 767 62 132795 wincom WINGFOOT COMMERCIAL TIRE 05 03 2007 0 00 369 10 132796 WolfJohn JOHN WOLFF 05 03 2007 0 00 447 14 132797 wsb WSB ASSOCIATES INC 05 03 2007 0 00 13 750 00 132798 xcel XCEL ENERGY INC 05 032007 0 00 17 643 92 132799 zarbru ZARNOTH BRUSH WORKS INC 05 03 2007 0 00 1 544 25 Report Total 0 00 483 578 93 Page 3 380 CITY OF CHANHAS User danielle 10 Spring Inc 10spr 10 Spring Inc Ck 132690 04 26 07 Inv 6460fox Line Item Date Line Item Description 04 25 07 Erosion escrow 6460 Fox Dr 04 25 07 Landscape escrow 6460 Fox Dr Inv 6460fox Total Ck 132690 Total 10spr 10 Spring Inc 10 Spring Inc AARP aarp AARP Ck 132626 0419 07 Inv 6072 103 Line Item Date Line Item Description 0416 07 Defensive Driving Inv 6072 103 Total Ck 132626 Total aarp AARP AARP ABERNATHY TONY AberTony ABERNATHY TONY Ck 132691 04 26 07 Inv 337635 Line Item Date 04 14 07 Inv 337635 Total Line Item Description Work jeans and shirts Ck 132691 Total AberTony ABERNATHY TONY ABERNATHY TONY Adventure Golf Academy advgol Adventure Golf Academy Ck 132692 04 26 07 Inv 418 Line Item Date 0415 07 Inv 418 Total Line Item Description Instructor fees Ck 132692 Total advgol Adventure Golf Academy Adventure Golf Academy Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 815 8202 2024 815 8201 2024 500 00 750 00 1 250 00 1 250 00 1 250 00 1 250 00 Line Item Account 101 1560 4300 320 00 320 00 320 00 320 00 320 00 Line Item Account 101 1320 4240 103 96 103 96 103 96 103 96 103 96 Line Item Account 101 1710 4300 512 00 512 00 512 00 512 00 512 00 Page 1 381 CITY OF CHANHAS User danieIle ARAMARK ARAMAR ARAMARK Account Ck 132693 04 26 07 Iny 606385 Line Item Date 04 20 07 InY 606385 Total Ck 132693 Total ARAMAR ARAMARK 101 1170 4110 Line Item Description Coffee supplies ARAMARK ARTWORKS ART FRAME INC ARTART ARTWORKS ART FRAME INC Ck 132753 05 03 07 Iny 6537 Line Item Date 04 30 07 Iny 6537 Total Ck 132753 Total ART ART Line Item Description paper Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 101 1170 4110 24247 24247 24247 242 47 242 47 Line Item Account 701 0000 4120 221 66 221 66 221 66 ARTWORKS ART FRAME INC ARTWORKS ART FRAME INC 221 66 ASSURANT EMPLOYEE BENEFITS asbene ASSURANT EMPLOYEE BENEFITS Ck 132754 05 03 07 Iny may07 Line Item Date 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 Iny may07 Total Ck 132754 Total asbene Line Item Description May Long Term Disability May Long Term Disability May Long Term Disability May Long Term Disability May Long Term Disability 221 66 Line Item Account 210 0000 2015 720 0000 2015 701 0000 2015 700 0000 2015 101 0000 2015 19 96 39 17 77 83 93 59 98744 1 217 99 1 217 99 ASSURANT EMPLOYEE BENEFITS ASSURANT EMPLOYEE BENEFITS 1 217 99 AT T CONSUMER LEASE SERVICES A TT AZ AT T CONSUMER LEASE SERVICES Ck 132694 04 26 07 InY 041407 Line Item Date 0414 07 0414 07 InY 041407 Total Ck 132694 Total ATTAZ Line Item Description Telephone charges Telephone charges 1 217 99 Line Item Account 700 0000 4310 701 0000 4310 7 31 7 31 14 62 14 62 AT T CONSUMER LEASE SERVICES 14 62 Page 2 382 CITY OF CHANHAS User danielIe AT T CONSUMER LEASE SERVICES BANNFORMSTECHNOLOGY banfor BANN FORMS TECHNOLOGY Ck 132627 041 9 07 Inv 13359 Line Item Date 03 16 07 Inv 13359 Total Ck 132627 Total Ck 132695 Inv 13518 Line Item Date 041 9 07 Inv 13518 Total Ck 132695 Total banfor Line Item Description Plumbing notice tags 04 26 07 Line Item Description Building inspection forms Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 14 62 Line Item Account 700 0000 4340 312 09 312 09 312 09 Line Item Account 101 1250 4340 889 19 889 19 889 19 BANNFORMSTECHNOLOGY BANNFORMSTECHNOLOGY 1 201 28 BCA TRAINING DEVELOPMENT bcatra BCA TRAINING DEVELOPMENT Ck 132628 041 9 07 Inv 041907 Line Item Date 041 9 07 Inv 041907 Total Ck 132628 Total Ck 132749 Inv 042607 Line Item Date 04 26 07 Inv 042607 Total Ck 132749 Total BCATRA Line Item Description Background investigations 04 27 07 Line Item Description Background Investigations 1 201 28 Line Item Account 101 1120 4300 150 00 150 00 150 00 Line Item Account 101 1120 4300 45 00 45 00 45 00 BCA TRAINING DEVELOPMENT BCA TRAINING DEVELOPMENT 195 00 BONESTROO ROSENE ANDERLIK bonros BONESTROO ROSENE ANDERLIK Ck 132751 05 03 07 Inv 139891 Line Item Date 0125 07 01 2507 0125 07 0125 07 0125 07 Inv 139891 Total Line Item Description Longacres Dr pond outlet Lyma Longacres Dr pond outlet Lyma Longacres Dr pond outlet Lyma Lyman sanitary sewer repair Lyman sanitary sewer repair 195 00 Line Item Account 720 0000 4300 701 0000 4300 720 0000 4300 720 0000 4300 701 0000 4300 138 75 138 75 1 912 00 2 403 25 2403 25 6 996 00 Page 3 383 CITY OF CHANHAS User danielIe Ck 132751 Total bonros Accounts Payable Check Detail Report Detail Printed 05 04 07 08 I 5 Amount 6 996 00 BONESTROO ROSENE ANDERLIK 6 996 00BONESTROOROSENEANDERLIK BORDER STATES ELECTRIC SUPPLY borsta BORDER STATES ELECTRIC SUPPLY Ck 132629 04 19 07 Iny 96305063 Line Item Date Line Item Description 04 06 07 Fluorescent lamps Iny 96305063 Total Ck 132629 Total Ck 132696 04 26 07 Iny 96340797 Line Item Date Line Item Description 04 17 07 Batteries Iny 96340797 Total Iny 96352177 Line Item Date Line Item Description 04 19 07 Fluorescent bulbs Iny 96352177 Total Ck 132696 Total Ck 132755 05 03 07 InY 96381885 Line Item Date Line Item Description 04 26 07 fluorescent bulbs InY 96381885 Total Ck 132755 Total borsta 6 996 00 Line Item Account 101 1220 4510 96 07 96 07 96 07 Line Item Account 101 1190 4510 12 60 12 60 Line Item Account 101 1220 4510 213 09 213 09 225 69 Line Item Account 101 1370 4510 57 65 57 65 57 65 BORDER STATES ELECTRIC SUPPLY 37941BORDERSTATESELECTRICSUPPLY Boyer Truck Parts boytru Boyer Truck Parts Ck 132630 0419 07 Iny 964376 Line Item Date 03 06 07 InY 964376 Total Line Item Description Straps Iny 976072 Line Item Date 041 2 07 Iny 976072 Total Line Item Description Kit hose assembly Ck 132630 Total 379 41 Line Item Account 101 1320 4120 38 11 38 11 Line Item Account 101 1320 4140 55 84 55 84 93 95 Page 4 384 CITY OF CHANHAS User danielIe Ck 132756 05 03 07 Inv 9760nXI Line Item Date 04 18 07 Inv 9760nXI Line Item Description Hose assembly Total Ck 132756 Total boytru Boyer Truck Parts Boyer Truck Parts BRAUN PUMP CONTROLS brapum BRAUN PUMP CONTROLS Ck 132631 0419 07 Inv 10086 Line Item Date 04 06 07 Inv 10086 Total Line Item Description Heaters Ck 132631 Total brapum Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 101 1320 4120 28 27 28 27 28 27 122 22 122 22 Line Item Account 701 0000 4550 57 12 57 12 57 12 BRAUN PUMP CONTROLS 57 12BRAUNPUMPCONTROLS Brothers Fire Protection Brofir Brothers Fire Protection Ck 132632 0419 07 Inv 2007 00634 Line Item Date Line Item Description 0412 07 Overpayment 950 Lk Dr E permit Inv 2007 00634 Total Ck 132632 Total Brofir Brothers Fire Protection Brothers Fire Protection BRYAN ROCK PRODUCTS INC bryroc BRYAN ROCK PRODUCTS INC Ck 132697 04 26 07 Inv 750867 Line Item Date Line Item Description 0415 07 I with fines Inv 750867 Total Ck 132697 Total bryroc 57 12 Line Item Account 101 1220 4901 350 99 350 99 350 99 350 99 350 99 Line Item Account 101 1320 4150 151 27 151 27 15127 BRYAN ROCK PRODUCTS INC 151 27BRYANROCKPRODUCTSINC 151 27 Page 5 385 CJTY OF CHANHAS User danielIe CAMPBELL KNUTSON camknu CAMPBELL KNUTSON Ck 132633 04119 07 Jny mar07 Line Item Date 03 3107 03 3107 Jny mar07 Total Ck 132633 Total camknu CAMPBELL KNUTSON Line Item Description Fox Assessment Appeal March legal services CAMPBELL KNUTSON CARVER COUNTY TREASURER cartre CARVER COUNTY TREASURER Ck 132634 04119 07 Jny 041207 Line Item Date 0411 2 07 JnY 041207 Total Ck 132634 Total Ck 132698 Jny 041707 Line Item Date 0411 7 07 Jny 041707 Total Ck 132698 Total Ck 132758 Jny 042307 Line Item Date 04 23 07 Jny 042307 Total Ck 132758 Total cartre Line Item Description Ownership name changes 0426 07 Line Item Description Ownership name changes 05 03 07 Line Item Description Ownership name changes Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 701 7018 4302 101 1140 4302 4 100 25 11 088 92 15 189 17 15 189 17 15 189 17 15 189 17 Line Item Account 101 1150 4300 23 25 23 25 23 25 Line Item Account 101 1150 4300 20 75 20 75 20 75 Line Item Account 101 1150 4300 17 25 17 25 17 25 CARVER COUNTY TREASURER CARVER COUNTY TREASURER 6125 CARVER SWCD carswc CARVER SWCD Ck 132757 05 03 07 Jny 1196 Line Jtem Date 04 26 07 Jny 1196 Total JnY 1197 Line Item Date 04 26 07 Jny 1197 Total Line Jtem Description Hidden Creek Meadows Line Item Description Lakeside 6125 Line Item Account 400 0000 1155 220 00 220 00 Line Item Account 400 0000 1155 82 50 82 50 Page 6 386 CITY OF CHANHAS User danielle InY 1198 Line Item Date Line Item Description 04 26 07 Stonefield Iny 1198 Total Ck 132757 Total carswc CARVER SWCD CARVER SWCD Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 400 0000 1155 137 50 137 50 440 00 440 00 440 00 CENTERPOINT ENERGY MINNEGASCO cenene CENTERPOINT ENERGY MINNEGASCO Ck 132635 0419 07 Iny 040907 Line Item Date 04 09 07 04 09 07 04 09 07 04 09 07 04 09 07 04 09 07 Iny 040907 Total Ck 132635 Total cenene Line Item Description Gas charges Gas charges Gas charges Gas charges Gas charges Gas charges Line Item Account 101 1551 4320 700 0000 4320 701 0000 4320 101 1530 4320 101 1220 4320 101 1370 4320 10446 241 92 241 93 273 34 1 496 95 1 935 39 4 293 99 4 293 99 CENTERPOINT ENERGY MINNEGASCO CENTERPOINT ENERGY MINNEGASCO 4 293 99 CENTURY TEL centel CENTURY TEL Ck 132759 05 03 07 InY 042107 Line Item Date 04 2107 04 2107 04 2107 04 2107 04 21 07 04 21 07 04 2107 04 2107 04 2107 04 2107 04 21 07 InY 042107 Total Ck 132759 Total centel CENTURY TEL Line Item Description telephone charges telephone charges telephone charges telephone charges telephone charges telephone charges telephone charges telephone charges telephone charges telephone charges telephone charges CENTURY TEL 4 293 99 Line Item Account 101 1350 4310 101 1550 4310 101 1220 4310 101 1370 4310 101 1530 4310 101 1540 4310 101 1190 4310 701 0000 4310 700 0000 4310 700 7019 4310 101 1170 4310 4158 44 88 92 76 107 72 132 74 134 64 159 34 204 73 204 73 265 75 1 145 69 2 534 56 2 53456 2 534 56 2 534 56 Page 7 387 CITY OF CHANHAS User danielle CINGULAR WIRELESS cinwir CINGULAR WIRELESS Ck 132760 05 03 07 Inv 871186097X Line Item Date Line Item Description 04 2107 Telephone charges Inv 871 I 86097X Total Ck 132760 Total cinwir CINGULAR WIRELESS CINGULAR WIRELESS CITY OF CHANHASSEN PETTY CASH CHAPET CITY OF CHANHASSEN PETTY CASH Ck 132699 04 26 07 Inv 042507 Line Item Date 04 25 07 04 25 07 04 25 07 Inv 042507 Total Ck 132699 Total CHAPET Line Item Description Petty cash reimburse Petty cash reimburse Petty cash reimburse Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 101 1310 4310 944 944 944 9 44 9 44 Line Item Account 101 1560 4130 101 1140 4302 101 1130 4370 45 00 46 00 83 50 174 50 174 50 CITY OF CHANHASSEN PETTY CASH CITY OF CHANHASSEN PETTY CASH 174 50 CITY OF CHASKA chaska CITY OF CHASKA Ck 132636 0419 07 Inv 4206002207 Line Item Date Line Item Description 04 03 07 Non school day adventure Inv 4206002207 Total Ck 132636 Total Ck 132700 Inv 10477 Line Item Date 04 24 07 Inv 10477 Total Ck 132700 Total chaska CITY OF CHASKA 04 26 07 Line Item Description Senior trip CITY OF CHASKA CITY OF SHAKOPEE SHAKOP CITY OF SHAKO PEE Ck 132672 0419 07 Inv 3779 Line Item Date 03 30 07 Line Item Description SW Metro Drug Task Force Cont 174 50 Line Item Account 101 1731 4300 76 00 76 00 76 00 Line Item Account 101 1560 4300 264 00 264 00 264 00 340 00 340 00 Line Item Account 101 1140 4302 2 100 00 Page 8 388 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 I 5 Inv 3779 Total Amount 2 100 00 Ck 132672 Total 2 100 00 SHAKOP CITY OF SHAKOPEE 2 100 00 CITY OF SHAKOPEE 2 100 00 CORPORATE EXPRESS corexp CORPORATE EXPRESS Account 101 1170 4110 Ck 132637 0419 07 Inv 77923684 Line Item Date Line Item Description 03 29 07 Cork board Inv 77923684 Total Line Item Account 101 1170 4110 32 84 32 84 Ck 132637 Total 32 84 corexp CORPORATE EXPRESS 32 84 CORPORATE EXPRESS 32 84 CORPORA TE MECHANICAL cormec CORPORA TE MECHANICAL Ck 132701 04 26 07 Inv 2007 00678 Line Item Date Line Item Description 041 8 07 Overpayment on 3 permits Inv 2007 00678 Total Line Item Account 101 1250 4901 88 26 88 26 Ck 132701 Total 88 26 cormec CORPORATE MECHANICAL 88 26 CORPORATE MECHANICAL 88 26 CUT ABOVE WOOD CO cutabo CUT ABOVE WOOD CO Ck 132702 04 26 07 Inv 335283 Line Item Date 041 9 07 Inv 335283 Total Line Item Description Blvd tree pruning Line Item Account 720 7202 4300 3 583 00 3 583 00 Ck 132702 Total 3 583 00 cutabo CUT ABOVE WOOD CO 3 583 00 CUT ABOVE WOOD CO 3 583 00 DAMON FARBER ASSOCIATES damfar DAMON FARBER ASSOCIATES Ck 132638 041 9 07 Inv 18823 Line Item Date 03 09 07 Jnv 18823 Total Line Item Description Performance stage Line Item Account 410 4118 4300 4750 4750 Page 9 389 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Ck 132638 Total Amount 47 50 damfar DAMON FARBER ASSOCIATES 47 50 DAMON FARBER ASSOCIATES 47 50 Deep Rock Water Company deeprock Deep Rock Water Company Ck 132639 0419 07 Iny 6075756 Line Item Date Line Item Description 0327 07 Cooler rental Iny 6075756 Total Line Item Account 101 1550 4120 6 71 6 71 Ck 132639 Total 6 71 deeprock Deep Rock Water Company 6 71 Deep Rock Water Company 6 71 Delta Dental delden Delta Dental Ck 132703 04 26 07 Iny 041507 Line Item Date 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 Iny 041507 Total Line Item Description May premiums May premiums May premiums May premiums May premiums Line Item Account 210 0000 2013 720 0000 2013 701 0000 2013 700 0000 2013 10 1 0000 20 13 6 06 44 23 11845 142 70 872 01 1 18345 Ck 132703 Total 1 18345 delden Delta Dental 1 183 45 Delta Dental 1 18345 DIRECT SAFETY COMPANY dirsaf DIRECT SAFETY COMPANY Ck 132761 05 03 07 Iny 585723 Line Item Date 04 23 07 Iny 585723 Total Line Item Description safety yests Line Item Account 400 4105 4705 21652 216 52 Ck 132761 Total 216 52 dirsaf DIRECT SAFETY COMPANY 216 52 DIRECT SAFETY COMPANY 216 52 DUNLAP SEEGER PA dun see DUNLAP SEEGER PA Ck 132762 05 03 07 InY 02 01 Line Item Date 04 30 07 Line Item Description Remaining security escrow Line Item Account 815 8221 2024 7 000 00 Page 10 390 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 InY 02 01 Total Amount 7 000 00 Ck 132762 Total 7 000 00 dunsee DUNLAP SEEGER PA 7 000 00 DUNLAP SEEGER PA 7 000 00 DUNN RITE SHOES REPAIR dunrit DUNN RITE SHOES REPAIR Ck 132704 04 26 07 Iny 14444 Line Item Date 04 25 07 Iny 14444 Total Line Item Description Boots Keogh Line Item Account 101 1250 4240 100 00 100 00 Iny 15437 Line Item Date 04 04 07 Iny 15437 Total Line Item Description Boots Abernathy Line Item Account 101 1320 4240 178 00 178 00 Ck 132704 Total 278 00 dunrit DUNN RITE SHOES REPAIR 278 00 DUNN RITE SHOES REPAIR 278 00 DYNAMEX DELIVERS NOW dyname DYNAMEX DELIVERS NOW Ck 132640 04 19 07 Iny 1273669 Line Item Date Line Item Description 04 05 07 Deliyery charges Iny 1273669 Total Line Item Account 700 0000 4330 33 64 33 64 Ck 132640 Total 33 64 Ck 132705 04 26 07 Inv 1276587 Line Item Date Line Item Description 04 19 07 Delivery charges Inv 1276587 Total Line Item Account 101 13 10 4300 59 59 5959 Ck 132705 Total 59 59 dyname DYNAMEX DELIVERS NOW 93 23 DYNAMEX DELIVERS NOW 93 23 ECM PUBLISHERS INC ecmpub ECM PUBLISHERS INC Ck 132706 04 26 07 Jnv 1443 Line Item Date 04 10 07 Jnv 1443 Total Line Item Description Membership Directory Line Item Account 101 1110 4360 160 00 160 00 Page 11 391 CITY OF CHANHAS User danielIe Ck 132706 Total ecmpub ECM PUBLISHERS INC ECM PUBLISHERS INC Ecowater Crystal Canyon ecocry Ecowater Crystal Canyon Ck 132707 04 26 07 InY 2007 00682 Line Item Date Line Item Description 04 23 07 Refund 7091 Pimlico Lane 04 23 07 Refund 7091 Pimlico Lane InY 2007 00682 Total Ck 132707 Total ecocry Ecowater Crystal Canyon Ecowater Crystal Canyon Edina Realty Title UB 00066 Edina Realty Title Ck 132742 04 26 07 Iny Line Item Date 0419 07 0419 07 0419 07 04 19 07 Iny Total Ck 132742 Total UB 00066 Edina Realty Title Line Item Description Refund check Refund check Refund check Refund check Edina Realty Title EHLERS ASSOCIATES INC ehlers EHLERS ASSOCIATES INC Ck 132641 0419 07 Iny 334670 Line Item Date 041 0 07 Iny 334670 Total Ck 132641 Total ehlers Line Item Description Utility rate study EHLERS ASSOCIATES INC EHLERS ASSOCIATES INC EMERGENCY APPARATUS MAINT INC emeapp EMERGENCY APPARATUS MAINT INC Ck 132642 0419 07 InY 29165 Line Item Date 03 26 07 Line Item Description Tachometer part Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 160 00 160 00 160 00 Line Item Account 101 0000 2022 101 1250 3306 007 15 00 15 07 1507 15 07 15 07 Line Item Account 700 0000 2020 720 0000 2020 700 0000 2020 701 0000 2020 0 35 136 5 70 10 84 18 25 18 25 18 25 18 25 Line Item Account 700 0000 4300 225 00 225 00 225 00 225 00 225 00 Line Item Account 101 1220 4140 244 61 Page 12 392 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 I 5 Inv 29 I 65 Total Amount 244 61 Ck 132642 Total 244 61 emeapp EMERGENCY APPARATUS MAINT INC 244 61 EMERGENCY APPARATUS MAINT INC 244 61 EMERGENCY AUTOMOTIVE TECH INC emeaut EMERGENCY AUTOMOTIVE TECH INC Ck 132763 05 03 07 Inv RP041307 1 Line Item Date 041 3 07 Inv RP041307 1 Line Item Description freight charges Total Line Item Account 101 1320 4140 8 03 8 03 Ck 132763 Total 8 03 emeaut EMERGENCY AUTOMOTIVE TECH INC 8 03 EMERGENCY AUTOMOTIVE TECH INC 8 03 Executive Ocean Inc exeoce Executive Ocean Inc Ck 132708 04 26 07 Inv 1412 Line Item Date 04 05 07 Inv 1412 Total Line Item Description Maple Leaf awards Line Item Account 101 1170 4110 403 27 403 27 Ck 132708 Total 403 27 exeoce Executive Ocean Inc 403 27 Executive Ocean Inc 403 27 FACTORY MOTOR PARTS COMPANY facmot FACTORY MOTOR PARTS COMPANY Ck 132643 041 9 07 Inv 6 921734 Line Item Date Line Item Description 04 06 07 Plug wire kit distributor rot Inv 6 921734 Total Line Item Account 700 0000 4140 146 61 146 61 Inv 6 923332 Line Item Date Line Item Description 041 2 07 batteries Inv 6 923332 Total Line Item Account 101 1220 4120 18456 18456 Ck 132643 Total 33117 facmot FACTORY MOTOR PARTS COMPANY 331 17 FACTORY MOTOR PARTS COMPANY 33117 Page 13 393 CITY OF CHANHAS User danielle FLOYD TOTAL SECURITY tlotot FLOYD TOTAL SECURITY Ck 132709 04 26 07 Iny 87270 Line Item Date 04 18 07 Iny 87270 Total Line Item Description Lock repair Bluff Creek Ck 132709 Total tlotot FLOYD TOTAL SECURITY FLOYD TOTAL SECURITY FORCE AMERICA INC forame FORCE AMERICA INC Ck 132644 04 19 07 Iny 1276124 Line Item Date Line Item Description 04 04 07 seal kit Iny 1276124 Total Ck 132644 Total forame FORCE AMERICA INC FORCE AMERICA INC GERHARDT TODD gerhtodd GERHARDT TODD Ck 132764 05 03 07 Iny 050107 Line Item Date 05 0107 InY 050107 Total Line Item Description May car allowance Ck 132764 Total gerhtodd GERHARDT TODD GERHARDT TODD GILBERT JIM GilbJim GILBERT JIM Ck 132710 04 26 07 Iny arbor Line Item Date 04 25 07 Iny arbor Total Line Item Description Arbor Day presentation Ck 132710 Total GilbJim GILBERT JIM GILBERT JIM Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 101 1550 4300 20 00 20 00 20 00 20 00 20 00 Line Item Account 101 1550 4120 28 27 28 27 28 27 28 27 28 27 Line Item Account 101 1120 4380 425 00 425 00 425 00 425 00 425 00 Line Item Account 720 7202 4130 300 00 300 00 300 00 300 00 300 00 Page 14 394 CITY OF CHANHAS User danielle GOPHER SIGN COMPANY gopsig GOPHER SIGN COMPANY Ck 132645 04I9 07 Iny 70726 Line Item Date 04 04 07 Iny 70726 Total Ck 132645 Total Ck 132711 Iny 70765 Line Item Date 04 09 07 Iny 70765 Total Ck 132711 Total gopsig Line Item Description Brackets signs 04 26 07 Line Item Description Wing brackets GOPHER SIGN COMPANY GOPHER SIGN COMPANY Hach Company hach Hach Company Ck 132646 04I9 07 Iny 5102450 Line Item Date Line Item Description 04 09 07 Hardness test kit beakers bo Iny 5102450 Total Ck 132646 Total hach Hach Company Hall Tiffany hallTiff Hall Tiffany Ck 132712 04 26 07 InY 20109 Line Item Date 04I9 07 InY 20109 Total Ck 132712 Total hall Tiff Hall Tiffany Hach Company Line Item Description Replace lost payroll check Hall Tiffany HANSEN THORP PELLlNEN OLSON hantho HANSEN THORP PELLlNEN OLSON Ck 132647 04I9 07 InY 16108 Line Item Date 04 06 07 Iny 16108 Total Line Item Description Hwy 101 watermain Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 101 1320 4560 598 15 598 15 598 15 Line Item Account 10 1 1320 4560 25 51 25 51 25 51 623 66 623 66 Line Item Account 700 0000 4160 158 21 158 21 158 21 158 21 158 21 Line Item Account 101 0000 2050 121 62 121 62 121 62 121 62 121 62 Line Item Account 700 7016 4752 823 50 823 50 Page 15 395 CJTY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Ck 132647 Total Amount 823 50 Ck 132713 Jnv J6J 13 Line Item Date 04 06 07 Jnv J6J 13 Total 04 26 07 Line Item Description Lakeside at Bear Path Line Item Account 400 0000 1155 116 25 J J6 25 Ck J 32713 Total 116 25 Ck 132765 Jnv 16066 Line Jtem Date 04 06 07 Jnv 16066 Total 05 03 07 Line Item Description Curry Farms Park Line Item Account 720 0000 4300 1 074 10 1 074 10 Jnv 16069 Line Item Date 04 06 07 Jnv 16069 Total Line Item Description Utica Terrace Line Item Account 720 0000 4300 1 663 50 1 66350 Jnv 16075 Line Item Date 04 06 07 Jnv 16075 Total Line Item Description Goers culvert Line Item Account 720 0000 4300 1 062 00 1 062 00 Ck 132765 Total 3 799 60 hantho HANSEN THORP PELLINEN OLSON 4 739 35 HANSEN THORP PELLINEN OLSON 4 739 35 Haynes Tricia haynTric Haynes Tricia Ck 132714 04 26 07 Jnv arbor Line Item Date 04 25 07 Jnv arbor Total Line Item Description Arbor day performance Toonie Line Item Account 720 7202 4130 425 00 425 00 Ck 132714 Total 425 00 haynTric Haynes Tricia 425 00 Haynes Tricia 425 00 HD SuppJy Watenvorks L TD hdsup HD SuppJy Watenvorks L TD Ck 132766 05 03 07 Jnv 5071764 Line Item Date Line Item Description 0419 07 Water repair parts Jnv 5071764 Total Line Item Account 700 0000 4550 889 87 889 87 Ck 132766 Total 889 87 hdsup HD SuppJy Watenvorks L TD 889 87 Page 16 396 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 HD Supply Watenvorks L TD Amount 889 87 HOISINGTON KOEGLER GROUP hoiKoe HOISINGTON KOEGLER GROUP Ck 132648 04 19 07 Iny 07 22 Line Item Date 04 05 07 Iny 07 22 Total Line Item Description General Parks planning Line Item Account 410 0000 4300 455 00 455 00 Ck 132648 Total 455 00 hoiKoe HOISINGTON KOEGLER GROUP 455 00 HOISINGTON KOEGLER GROUP 455 00 HSBC BUSINESS SOLUTIONS HSBBUS HSBC BUSINESS SOLUTIONS Ck 132715 04 26 07 Iny 822034052 Line Item Date Line Item Description 041 7 07 Misc parts Iny 822034052 Total Line Item Account 101 1550 4120 396 79 396 79 Ck 132715 Total 396 79 HSBBUS HSBC BUSINESS SOLUTIONS 396 79 HSBC BUSINESS SOLUTIONS 396 79 ICMA RETIREMENT AND TRUST 457 ICMART ICMA RETIREMENT AND TRUST 457 Ck 132716 04 26 07 Iny Line Item Date 04 23 07 04 23 07 04 23 07 Iny Total Line Item Description PR Batch 427 4 2007 ICMA PR Batch 427 4 2007 ICMA PR Batch 427 4 2007 ICMA Line Item Account 210 0000 2009 720 0000 2009 101 0000 2009 31 24 100 00 1428 76 1 560 00 Ck 132716 Total 1 560 00 ICMART ICMA RETIREMENT AND TRUST 457 1 560 00 ICMA RETIREMENT AND TRUST 457 1 560 00 IMPERIAL PORTA PALACE imppor IMPERIAL PORTA PALACE Ck 132649 041 9 07 Iny 4443 Line Item Date Line Item Description 02 06 07 Feb Fest rentals Iny 4443 Total Line Item Account 101 1611 4400 440 98 440 98 Ck 132649 Total 440 98 imppor IMPERIAL PORTA PALACE 440 98 Page 17 397 CITY OF CHANHAS User danielle IMPERIAL PORTA PALACE INDEPENDENT SCHOOL DIST 112 INDSCH INDEPENDENT SCHOOL DIST 112 Ck 132688 04 26 07 Iny 2083 Line Item Date 041 6 07 Iny 2083 Total Ck 132688 Total Ck 132717 Iny 2083 Line Item Date 041 6 07 Iny 2083 Total Ck 132717 Total indsch Line Item Description Bluff Creek Joint Powers Agree 04 26 07 Line Item Description Bluff Creek Joint Powers Agree Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 440 98 Line Item Account 101 1530 4320 3 791 96 3 791 96 3 791 96 Line Item Account 101 1530 4320 4 395 94 4 395 94 4 395 94 INDEPENDENT SCHOOL DIST 112 INDEPENDENT SCHOOL DIST 112 8 187 90 INFRA TECH infrat INFRA TECH Ck 132650 04 19 07 Iny PR70188 Line Item Date Line Item Description 031 4 07 Teleyised sanitary sewer pipe Iny PR70188 Total Ck 132650 Total Ck 132767 Iny 700218 Line Item Date 041 3 07 041 3 07 Iny 700218 Total Ck 132767 Total infrat INFRA TECH JENKINS JOEL jenkjoel JENKINS JOEL Ck 132768 05 03 07 Iny 4203 Line Item Date 04 30 07 Iny 4203 Total Ck 132768 Total 05 03 07 Line Item Description work t sh irts work t shirts INFRA TECH Line Item Description Adult softball umpire 8 187 90 Line Item Account 701 0000 4551 1 017 50 1 017 50 1 017 50 Line Item Account 700 0000 4240 701 0000 4240 2546 194 12 219 58 219 58 1 237 08 1 237 08 Line Item Account 101 1766 4300 198 00 198 00 198 00 Page 18 398 CITY OF CHANHAS User danielle jenkjoel JENKINS JOEL JENKINS JOEL JOHNSTONE SUPPLY johsup JOHNSTONE SUPPLY Ck 132769 05 03 07 Inv 144662 Line Item Date 041 0 07 Inv 144662 Total Inv 145174 Line Item Date 04 24 07 Inv 145174 Total Inv 145179 Line Item Date 041 7 07 Inv 145179 Total Ck 132769 Total johsup JOHNSTONE SUPPLY Line Item Description Pressure control Line Item Description Grundfos Line Item Description Return bearing JOHNSTONE SUPPLY K A Witt Construction Inc kawitt K A Witt Construction Inc Ck 132689 04 26 07 Inv 2 Line Item Date 12 28 06 Inv 2 Total Ck 132689 Total kawitt K A Witt Construction Inc Line Item Description Highover Trail project K A Witt Construction Inc KIMLEY HORN AND ASSOCIATES INC kimhor KIMLEY HORN AND ASSOCIATES INC Ck 132718 04 26 07 Inv 2921797 Line Item Date Line Item Description 03 3107 Dogwood Rd improvements Inv 2921797 Total Inv 2921798 Line Item Date Line Item Description 03 31 07 2007 Street improvement projec Inv 2921798 Total Ck 132718 Total Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 198 00 198 00 Line Item Account 10 1 1190 4530 12392 12392 Line Item Account 101 1190 4530 82440 82440 Line Item Account 101 1190 4530 306 52 306 52 641 80 641 80 641 80 Line Item Account 410 0000 4701 10 575 72 10 575 72 10 575 72 10 575 72 10 575 72 Line Item Account 601 6015 4752 23 577 05 23 577 05 Line Item Account 601 6013 4752 13 655 04 13 655 04 37 232 09 Page 19 399 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Ck 132770 05 03 07 Iny 2921796 Line Item Date Line Item Description 03 3107 The Preserve 03 31 07 101 Gap watermain Iny 2921796 Total Line Item Account 400 0000 1155 463 0000 4752 135 00 1 395 00 1 530 00 Iny 2930819 Line Item Date Line Item Description 03 3107 2005 MUSA area expansion Iny 2930819 Total Line Item Account 602 6014 4752 1 462 80 1 462 80 Ck 132770 Total 2 992 80 kimhor KIMLEY HORN AND ASSOCIATES INC 40 224 89 KIMLEY HORN AND ASSOCIATES INC 40 224 89 KLM ENGINEERING INC klmeng KLM ENGINEERING INC Ck 132719 04 26 07 InY 3183 Line Item Date 04 21 07 Iny 3183 Total Line Item Description Sprint antenna upgrades drawin Line Item Account 101 1120 4300 1 800 00 1 800 00 Ck 132719 Total 1 800 00 klmeng KLM ENGINEERING INC 1 800 00 KLM ENGINEERING INC 1 800 00 KUSSKE CONSTRUCTION COMPANY kuscon KUSSKE CONSTRUCTION COMPANY Ck 132651 0419 07 Iny I Line Item Date 03 22 07 Iny 1 Total Line Item Description Curry Farms Park Utica Terrac Line Item Account 720 0000 4300 127 385 02 127 385 02 Ck 132651 Total 127 385 02 kuscon KUSSKE CONSTRUCTION COMPANY 127 385 02 KUSSKE CONSTRUCTION COMPANY 127 385 02 LAB SAFETY SUPPLY labsaf LAB SAFETY SUPPLY Ck 132652 0419 07 Iny 1009463383 Line Item Date Line Item Description 04 09 07 Flashlight charger sanitizer Iny 1009463383 Total Line Item Account 101 1220 4290 301 82 301 82 Ck 132652 Total 301 82 labsaf LAB SAFETY SUPPLY 301 82 Page 20 400 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 LAB SAFETY SUPPLY Amount 301 82 LAF Lines Ltd latlin LAF Lines Ltd Ck 132653 0419 07 Inv IOOcrayons Line Item Date Line Item Description 041 8 07 Crazy crayons Inv 100crayons Total Line Item Account 720 0000 4130 113 00 113 00 Ck 132653 Total 113 00 latlin LAF Lines Ltd 113 00 LAF Lines Ltd 113 00 LAKESHORE COMMUNICATIONS LLC LAKCOM LAKESHORE COMMUNICATIONS LLC Ck 132654 041 9 07 Inv 114791 Line Item Date 04 03 07 Inv 114791 Total Line Item Description Spring flushing notice Line Item Account 700 0000 4340 231 00 231 00 Ck 132654 Total 231 00 LAKCOM LAKESHORE COMMUNICATIONS LLC 231 00 LAKESHORE COMMUNICATIONS LLC 231 00 LAKESHORE EQUIPMENT CO INC lakequ LAKESHORE EQUIPMENT CO INC Ck 132655 041 9 07 Inv 19152 Line Item Date 03 27 07 Inv 19152 Total Line Item Description Dock with post and wheels Line Item Account 101 1550 4705 4 93841 4 93841 Ck 132655 Total 4 93841 lakequ LAKESHORE EQUIPMENT CO INC 4 938 41 LAKESHORE EQUIPMENT CO INC 4 938 41 LEAGUE OF MINNESOTA CITIES LEAMIN LEAGUE OF MINNESOTA CITIES Ck 132720 04 26 07 Inv 1 000030437 Line Item Date Line Item Description 04 17 07 Registration Berg Inv 1 000030437 Total Line Item Account 101 1220 4370 20 00 20 00 Ck 132720 Total 20 00 LEAMIN LEAGUE OF MINNESOTA CITIES 20 00 LEAGUE OF MINNESOTA CITIES 20 00 Page 21 401 CJTY OF CHANHAS User danielIe Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount LEE S RUBBER STAMPS leerub LEE S RUBBER STAMPS Ck 132721 04 26 07 Jny 33264 Line Item Date 0419 07 Jny 33264 Total Line Item Description Soil eyaluation stamp Line Item Account 101 1250 4260 60 94 60 94 Ck 132721 Total 60 94 leerub LEE S RUBBER STAMPS 60 94 LEE S RUBBER STAMPS 60 94 LUNDGREN BROS CONSTRUCTION LunBro LUNDGREN BROS CONSTRUCTION Ck 132656 04 19 07 Jny 2005 02000 Line Item Date Line Item Description 04 12 07 As built escrow 9965 Trails Jny 2005 02000 Total LunBro LUNDGREN BROS CONSTRUCTION Line Item Account 815 8226 2024 1 500 00 1 500 00 Line Item Account 815 8226 2024 1 500 00 1 500 00 Line Item Account 815 8226 2024 1 500 00 1 500 00 Line Item Account 815 8226 2024 1 500 00 1 500 00 Line Item Account 815 8226 2024 1 500 00 1 500 00 Line Item Account 815 8226 2024 1 500 00 1 500 00 Line Item Account 815 8226 2024 1 500 00 1 500 00 10 500 00 10 500 00 10 500 00 Jny 2006 00335 Line Item Date Line Item Description 04 12 07 As built escrow 9984 Trails Jny 2006 00335 Total JnY 2006 00560 Line Item Date Line Item Description 0412 07 As built escrow 9977 Trails Jny 2006 00560 Total Jny 2006 00762 Line Item Date Line Item Description 04 12 07 As built escrow 9848 Trails Jny 2006 00762 Total JnY 2006 01369 Line Item Date Line Item Description 0412 07 As built escrow 9972 Trails JnY 2006 01369 Total Jny 2006 01370 Line Item Date Line Item Description 0412 07 As built escrow 9872 Trails Jny 2006 01370 Total Jny 9924TER Line Item Date Line Item Description 0412 07 As built escrow 9824 Trails Jny 9924TER Total Ck 132656 Total LUNDGREN BROS CONSTRUCTION Page 22 402 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 I 5 Amount MACQUEEN EQUIPMENT macequ MACQUEEN EQUIPMENT Ck 132657 0419 07 Iny 2072948 Line Item Date Line Item Description 04 1107 Flexible hose guide Iny 2072948 Total Line Item Account 701 0000 4530 60 81 60 81 Iny 2072949 Line Item Date Line Item Description 041 1 07 Flexible hose guide Iny 2072949 Total Line Item Account 701 0000 4530 60 81 60 81 Ck 132657 Total 121 62 macequ MACQUEEN EQUIPMENT 121 62 MACQUEEN EQUIPMENT 121 62 MADSEN JOHNSON CORPORA nON madjoh MADSEN JOHNSON CORPORATION Ck 132658 04 19 07 InY 19 Line Item Date 03 25 07 Iny 19 Total Line Item Description East Water Treatment Plant Line Item Account 700 7014 4751 40 988 53 40 988 53 Ck 132658 Total 40 98853 madjoh MADSEN JOHNSON CORPORA nON 40 988 53 MADSEN JOHNSON CORPORA nON 40 988 53 MAGIC CARPET SPECIALISTS INC magcar MAGIC CARPET SPECIALISTS INC Ck 132722 04 26 07 InY 4 15 Line Item Date 041 6 07 Iny 4 15 Total Line Item Description Shampoo carpets at main fire s Line Item Account 101 1220 4350 404 70 404 70 Ck 132722 Total 404 70 magcar MAGIC CARPET SPECIALISTS INC 404 70 MAGIC CARPET SPECIALISTS INC 404 70 Master Collision Group masco1 Master Collision Group Ck 132771 05 03 07 Iny 4323 Line Item Date 04 19 07 Iny 4323 Total Line Item Description Repairs to 1999 Dodge pickup Line Item Account 101 1320 4520 710 25 710 25 Ck 132771 Total 710 25 Page 23 403 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 mascol Master Collision Group Amount 710 25 Master Collision Group 710 25 METRO ATHLETIC SUPPLY metath METRO ATHLETIC SUPPLY Ck 132723 04 26 07 Inv 98640 Line Item Date 04I7 07 Inv 98640 Total Line Item Description Cold packs Line Item Account 101 1600 4130 29 71 29 71 Ck 132723 Total 29 71 metath METRO ATHLETIC SUPPLY 29 71 METRO ATHLETIC SUPPLY 29 71 METROPOLITAN FORD metfor METROPOLITAN FORD Ck 132659 04I9 07 Jnv 452665 Line Item Date 04 16 07 Inv 452665 Total Line Item Description Frame pad Line Item Account 101 1220 4140 226 94 226 94 Ck 132659 Total 226 94 metfor METROPOLITAN FORD 226 94 METROPOLITAN FORD 226 94 MEYER VIDEO PRODUCTION meyvid MEYER VIDEO PRODUCTION Ck 132724 04 26 07 Jnv 042407 Line Item Date Line Jtem Description 04 24 07 Dance recital video Jnv 042407 Total Line Item Account 101 1534 4590 500 00 500 00 Ck 132724 Total 500 00 meyvid MEYER VIDEO PRODUCTION 500 00 MEYER VIDEO PRODUCTION 500 00 MIDWEST PLA YSCAPES midpla MIDWEST PLAYSCAPES Ck 132660 04 19 07 Jnv 3210 Line Item Date Line Item Description 04I0 07 Bench Jnv 3210 Total Line Item Account 410 0000 4705 585 75 585 75 Ck 132660 Total 585 75 midpIa MIDWEST PLAYSCAPES 585 75 Page 24 404 CITY OF CHANHAS User danielle MIDWEST PLA YSCAPES MINGER CONSTRUCTION MINGER MINGER CONSTRUCTION Ck 132661 04 19 07 Iny 1704 Line Item Date Line Item Description 03 30 07 Watermain break W 78th St Iny 1704 Total Ck 132661 Total MINGER MINGER CONSTRUCTION MINGER CONSTRUCTION MINNESOTA A WWA mnawwa MINNESOTA A WW A Ck 132772 05 03 07 Iny 2007 Line Item Date 04 30 07 Iny 2007 Total Ck 132772 Total mnawwa MINNESOTA A WW A Line Item Description Water operator school Ninow MINNESOTA AWW A MINNESOTA LIFE mnlife MINNESOTA LIFE Ck 132726 04 26 07 Iny may07 Line Item Date 041 9 07 041 9 07 041 9 07 041 9 07 04 19 07 04 19 07 041 9 07 041 9 07 041 9 07 041 9 07 041 9 07 041 9 07 041 9 07 041 9 07 041 9 07 04 19 07 04 19 07 041 9 07 04 19 07 041 9 07 041 9 07 041 9 07 04 19 07 041 9 07 Line Item Description May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums May premiums Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 585 75 Line Item Account 700 0000 4552 4 321 50 4 321 50 4 321 50 4 321 50 4 321 50 Line Item Account 700 0000 4370 130 00 130 00 130 00 130 00 130 00 Line Item Account 210 0000 2011 101 1430 4040 720 7201 4040 720 7202 4040 101 1700 4040 101 1530 4040 10 1 1170 4040 10 1 1210 4040 210 0000 4040 101 1600 4040 720 0000 4040 10 1 1520 4040 10 1 1160 4040 101 1220 4040 700 0000 2011 701 0000 2011 101 1370 4040 101 1130 4040 701 0000 4040 10 1 1120 4040 101 1420 4040 700 0000 4040 101 1310 4040 10 1 1550 4040 0 17 3 78 4 92 4 92 5 04 10 32 11 76 14 16 1542 20 16 2040 2160 30 24 3198 38 24 38 24 41 75 42 19 60 03 66 66 67 50 72 03 85 98 10 1 82 Page 25 405 CITY OF CHANHAS User danielle 0419 07 0419 07 0419 07 Iny may07 Total Ck 132726 Total mnIife MINNESOTA LIFE May premiums May premiums May premiums MINNESOTA LIFE Minnesota UC Fund MNUCFU Minnesota UC Fund Ck 132662 04 19 07 InY 010107 Line Item Date 041 1 07 04 1107 04 1107 InY 010107 Total Ck 132662 Total MNUCFU Minnesota UC Fund Line Item Description 2007 1 st qtr unemployment bene 2007 1 st qtr unemployment bene 2007 1 st qtr unemployment bene Minnesota UC Fund MN CHILD SUPPORT PAYMENT CTR mnchil MN CHILD SUPPORT PAYMENT CTR Ck 132624 04 18 07 Iny 033007 Line Item Date 03 30 07 03 30 07 Iny 033007 Total Ck 132624 Total Ck 132625 InY 041307 Line Item Date 0413 07 0413 07 Iny 041307 Total Ck 132625 Total Line Item Description Pay Date 3 30 07 Case ID 001 Pay Date 3 30 07 Case ID 001 0418 07 Line Item Description Pay Date 413 07 Case ID 00 I Pay Date 4 13 07 Case ID 001 Ck 132725 04 26 07 Iny Line Item Date Line Item Description 04 23 07 PR Batch 427 4 2007 Gamishmen Iny Total Ck 132725 Total MNCHIL Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 101 1320 4040 10 1 1250 4040 101 0000 2011 Amount 104 46 113 52 469 50 1 496 79 1 496 79 1 496 79 1 496 79 Line Item Account 101 1220 4060 101 1530 4060 101 1310 4060 22 00 494 07 2 238 68 2 754 75 2 754 75 2 754 75 2 754 75 Line Item Account 701 0000 2006 700 0000 2006 9 73 426 35 436 08 436 08 Line Item Account 701 0000 2006 700 0000 2006 954 391 01 400 55 400 55 Line Item Account 700 0000 2006 40055 400 55 400 55 MN CHILD SUPPORT PAYMENT CTR 1 237 18 Page 26 406 CITY OF CHANHAS User danieIle MN CHILD SUPPORT PAYMENT CTR MN DEPT OF NATURAL RESOURCES MNNAT MN DEPT OF NATURAL RESOURCES Ck 132727 04 26 07 InY 201694 Line Item Date 04 17 07 InY 201694 Total Ck 132727 Total MNNAT Line Item Description Water appropriation amendment Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 1 237 18 Line Item Account 700 0000 4300 150 00 150 00 150 00 MN DEPT OF NATURAL RESOURCES MN DEPT OF NATURAL RESOURCES 150 00 MN VALLEY ELECTRIC COOP myec MN VALLEY ELECTRIC COOP Ck 132774 05 03 07 InY 041107 Line Item Date 04 1107 04J 1 07 04J 1 07 Iny 041107 Total Ck 132774 Total myec Line Item Description Electricity charges Electricity charges Electricity charges 150 00 Line Item Account 101 1600 4320 701 0000 4320 101 1350 4320 11 09 124 15 38117 51641 51641 MN VALLEY ELECTRIC COOP MN VALLEY ELECTRIC COOP 516 41 MSRS MSRS MSRS Ck 132728 Iny Line Item Date 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 26 07 Line Item Description PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Hea1t PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Post Healt 516 41 Line Item Account 210 0000 2016 700 0000 2016 701 0000 2016 701 0000 2016 700 0000 2016 720 0000 2016 210 0000 2016 720 0000 2016 701 0000 2016 210 0000 2016 701 0000 2016 700 0000 2016 701 0000 2016 700 0000 2016 700 0000 2016 701 0000 2016 101 0000 2016 700 0000 2016 720 0000 2016 10 1 0000 20 16 210 0000 2016 101 0000 2016 0 21 0 28 0 28 0 50 0 51 0 89 145 1 92 2 02 2 70 3 60 3 61 3 94 5 77 6 62 6 62 1130 1148 11 64 17 30 18 97 19 64 Page 27 407 CITY OF CHANHAS User danielle 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 Iny Total PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Post Healt PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health PR Batch 427 4 2007 Ret Health Ck 132728 Total MSRS MSRS MSRS MTI DISTRIBUTING INC mtidis MTI DISTRIBUTING INC Ck 132663 0419 07 Iny 562599 00 Line Item Date Line Item Description 04 03 07 Ball joint seal kit Iny 562599 00 Total Iny 563031 00 Line Item Date Line Item Description 04 05 07 Switch ball joint Iny 563031 00 Total Iny 563332 00 Line Item Date Line Item Description 04 09 07 Tie rods seal bearing Iny 563332 00 Total Ck 132663 Total Ck 132773 05 03 07 Iny 563908 00 Line Item Date Line Item Description 0413 07 Controller glow Iny 563908 00 Total Ck 132773 Total mtidis MTI DISTRIBUTING INC MTI DISTRIBUTING INC Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 720 0000 2016 701 0000 2016 101 0000 2016 101 0000 2016 10 1 0000 20 16 701 0000 2016 700 0000 2016 700 0000 2016 101 0000 2016 101 0000 2016 101 0000 2016 10 1 0000 20 16 101 0000 2016 101 0000 2016 Amount 25 09 26 16 26 93 30 39 42 80 5180 75 80 149 65 15559 226 17 256 68 352 01 397 26 58134 2 528 92 2 528 92 2 528 92 2 528 92 Line Item Account 101 1550 4120 275 15 275 15 Line Item Account 101 1550 4120 185 74 185 74 Line Item Account 101 1550 4120 321 78 321 78 782 67 Line Item Account 101 1550 4120 142 80 142 80 142 80 925 47 925 47 Page 28 408 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount MX Logic mxlog MX Logic Ck 132664 04 19 07 Inv 90348 Line Item Date 04 0107 Inv 90348 Total Line Item Description April spam services Line Item Account 101 1160 4300 97 00 97 00 Ck 132664 Total 97 00 mxlog MX Logic 97 00 MX Logic 97 00 Nahan Shelley nahashel Nahan Shelley Ck 132775 05 03 07 Jnv 2072 121 Line Item Date Line Item Description 03 03 07 Babysitting training Jnv 2072 121 Total Line Item Account 101 1731 4300 125 00 125 00 Ck 132775 Total 125 00 nahashel Nahan Shelley 125 00 Nahan Shelley 125 00 NA TIONAL FJRE SPRINKLER ASSN NFSA NATIONAL FIRE SPRINKLER ASSN Ck 13273 1 04 26 07 Jnv 8663 Line Item Date 04 24 07 Jnv 8663 Total Line Item Description Membership dues Littfin Line Item Account 101 1220 4360 85 00 85 00 Ck 132731 Total 85 00 NFSA NATIONAL FIRE SPRINKLER ASSN 85 00 NATIONAL FIRE SPRINKLER ASSN 85 00 NA TIONWIDE RETIREMENT SOLUTION NATRET NATIONWIDE RETIREMENT SOLUTION Ck 132729 04 26 07 Jnv Line Item Date 04 23 07 04 23 07 04 23 07 04 23 07 Jnv Total Line Jtem Description PR Batch 427 4 2007 Nationwide PR Batch 427 4 2007 Nationwide PR Batch 427 4 2007 Nationwide PR Batch 427 4 2007 Nationwide Line Item Account 720 0000 2009 701 0000 2009 700 0000 2009 10 1 0000 2009 50 00 177 22 494 77 4 880 10 5 602 09 Ck 132729 Total 5 602 09 NATRET NATIONWIDE RETIREMENT SOLUTION 5 602 09 Page 29 409 CITY OF CHANHAS User danieJle NATIONWIDE RETIREMENT SOLUTION NEOPOST LEASING neolea NEOPOST LEASING Ck 132730 04 26 07 Iny 11924670 Line Item Date Line Item Description 04 10 07 Postage upgrade Iny 11924670 Total Ck 132730 Total neolea NEOPOST LEASING NEXTEL nextel NEXTEL Ck 132776 05 03 07 Iny 041807 Line Item Date 04I8 07 04I8 07 04I8 07 04I8 07 04I8 07 04 18 07 04I8 07 04I8 07 04I8 07 04I8 07 04I8 07 04 18 07 04 18 07 04I8 07 04I8 07 04I8 07 Iny 041807 Total Ck 132776 Total nextel NEXTEL NEOPOST LEASING Line Item Description Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges Telephone charges NEXTEL OEHME PAUL oehmpaul OEHME PAUL Ck 132732 04 26 07 InY 041207 Line Item Date 04 23 07 Iny 041207 Total Ck 132732 Total oehmpaul OEHME PAUL Line Item Description Mileage reimbursement OEHME PAUL Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 5 602 09 Line Item Account 400 0000 4703 1459 05 1 459 05 1 459 05 1 459 05 1 459 05 Line Item Account 101 1530 4310 101 1260 4310 10 1 1130 4310 101 1520 4310 101 1170 4310 101 1600 4310 10 1 1160 431 0 101 131 0 4310 101 1370 4310 101 1120 4310 101 1550 4310 101 1220 4310 101 1320 4310 101 1250 4310 701 0000 4310 700 0000 4310 19 27 21 21 22 84 50 16 50 16 71 20 78 14 119 61 128 34 129 81 22740 253 37 25662 256 95 482 60 736 76 2 90444 2 90444 2 904 44 2 904 44 Line Item Account 101 1310 4370 19 89 19 89 19 89 19 89 19 89 Page 30 410 CJTY OF CHANHAS User danielle OSTVIG TREE INC osttre OSTVIG TREE INC Ck 132777 05 03 07 Jnv 12552 Line Item Date 04 27 07 Jnv 12552 Total Line Item Description Tree pruning Kerber Pond Park Ck 132777 Total osttre OSTVIG TREE INC OSTVIG TREE INC PARTS ASSOCIATES INC PARTS PARTS ASSOCIATES INC Ck 132665 04 19 07 Jnv PAI0629447 Line Item Date Line Item Description 0319 07 Paints paint marker pens Jnv PAI0629447 Total Ck 132665 Total PARTS PARTS ASSOCIATES INC PARTS ASSOCIATES INC POSTMASTER post POSTMASTER Ck 132750 04 27 07 Jnv 050107 Line Item Date 05 01107 05 01 07 Jnv 050107 Total Line Item Description May Utility Bills May Utility Bills Ck 132750 Total post POSTMASTER POSTMASTER POTTERS CANADA POTCAN POTTERS CANADA Ck 132733 04 26 07 Jnv 90505813 Line Item Date Line Item Description 04 09 07 Hwy safety marking spheres Jnv 90505813 Total Ck 132733 Total POT CAN POTTERS CANADA POTTERS CANADA Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 720 7202 4300 639 90 639 90 639 90 639 90 639 90 Line Item Account 101 1370 4150 188 55 188 55 188 55 188 55 188 55 Line Item Account 700 0000 4330 701 0000 4330 342 80 342 81 685 61 685 61 685 61 685 61 Line Item Account 101 1320 4540 2 573 00 2 573 00 2 573 00 2 573 00 2 573 00 Page 31 411 PRAIRIE LAWN GARDEN pralaw PRAIRIE LAWN GARDEN Ck 132666 04J9 07 Iny 109994 Line Item Date 03 23 07 Iny 109994 Total CITY OF CHANHAS User danieIJe Iny 110461 Line Item Date 04J I07 Iny 110461 Total Ck 132666 Total pralaw Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Description Rotor blade scraper Line Item Account 101 1170 4530 54 77 54 77 Line Item Description Handle grip grommet Line Item Account 101 1550 4530 46 08 46 08 100 85 PRAIRIE LAWN GARDEN 100 85 PRAIRIE LAWN GARDEN 100 85 Preferred Title of MN UB 00067 Preferred Title of MN Ck 132743 04 26 07 Iny Line Item Date 04 19 07 04 19 07 04J 9 07 04J 9 07 Iny Total PUMP AND METER SERVICES INC pummet PUMP AND METER SERVICES INC Ck 132778 05 03 07 Iny 249055 Line Item Date 04 19 07 Iny 249055 Total Ck 132743 Total UB 00067 Preferred Title of MN Ck 132778 Total pummet Line Item Description Refund check Refund check Refund check Refund check Line Item Account 700 0000 2020 720 0000 2020 700 0000 2020 701 0000 2020 2 33 9 07 39 65 75 39 12644 12644 Preferred Title of MN 126 44 126 44 Line Item Description Vee packing weave Line Item Account 101 1370 4150 16 02 16 02 16 02 PUMP AND METER SERVICES INC 16 02 PUMP AND METER SERVICES INC 16 02 Quality Flow Systems Ine quaflo Quality Flow Systems Ine Ck 132667 04J 9 07 InY 18198 Line Item Date 04J 0 07 Iny 18198 Total Line Item Description Lift Station 12 pump Line Item Account 701 0000 4553 5 058 75 5 058 75 Page 32 412 CITY OF CHANHAS User danielle Inv 18201 Line Item Date 04J 2 07 Inv 18201 Total Line Item Description Well 3 fill station rep1aceme Ck 132667 Total quaflo Quality Flow Systems Ine Quality Flow Systems Ine QWEST qwest QWEST Ck 132668 Inv 040107 Line Item Date 04 0 I07 04 01 07 Inv 040107 Total 04 19 07 Line Item Description Telephone charges Telephone charges Ck 132668 Total qwest QWEST QWEST REACH FOR RESOURCES reares REACH FOR RESOURCES Ck 132734 04 26 07 Inv 6836165 Line Item Date Line Item Description 04 25 07 Recreation contracts Inv 6836165 Total Ck 132734 Total reares REACH FOR RESOURCES REACH FOR RESOURCES REED CONSTRUCTION DATA reebus REED CONSTRUCTION DATA Ck 132735 04 26 07 Inv 3606037 Line Item Date Line Item Description 04J 8 07 Dogwood Rd improvements Inv 3606037 Total Ck 132735 Total Ck 132779 05 03 07 Inv 3609629 Line Item Date Line Item Description 04 25 07 Dogwood Road improvements Inv 3609629 Total Ck 132779 Total Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 700 0000 4530 13 51059 13 510 59 18 569 34 18 569 34 18 569 34 Line Item Account 701 0000 4310 700 0000 4310 34 21 34 21 6842 6842 68 42 68 42 Line Item Account 101 1600 4300 3 813 00 3 813 00 3 813 00 3 813 00 3 813 00 Line Item Account 601 6015 4340 22746 22746 22746 Line Item Account 601 6015 4340 22746 22746 22746 Page 33 413 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 reebus REED CONSTRUCTION DATA Amount 454 92 REED CONSTRUCTION DATA 454 92 Riese Family Properties LLC RIESFRED Riese Family Properties LLC Ck 132736 04 26 07 Inv 30 Line Item Date Line Item Description 0416 07 Snow and lawn service St Rube Inv 30 Total Line Item Account 101 1550 4300 279 17 279 17 Inv 31 Line Item Date 0416 07 Inv 31 Total Line Item Description Snow and lawn service Old City Line Item Account 101 1550 4300 137 94 137 94 Ck 132736 Total 417 11 RIESFRED Riese Family Properties LLC 417 11 Riese Family Properties LLC 417 11 SCHARBER SONS INC schson SCHARBER SONS INC Ck 132670 041 9 07 Inv 372616 Line Item Date 03 07 07 Inv 372616 Total Line Item Description Edge bolts nuts Line Item Account 101 1550 4120 308 63 308 63 Ck 132670 Total 308 63 Ck 132781 Inv 374331 Line Item Date 0417 07 Inv 374331 Total 05 03 07 Line Item Description Spring Line Item Account 101 1550 4120 9 21 9 21 Ck 132781 Total 9 21 schson SCHARBER SONS INC 317 84 SCHARBER SONS INC 317 84 SCHMIEG DEAN schmdean SCHMIEG DEAN Ck 132669 041 9 07 Inv 032507 Line Item Date 0414 07 Inv 032507 Total Line Item Description 1st qtr public works cleaning Line Item Account 101 1370 4350 1 015 20 1 015 20 Ck 132669 Total 1 015 20 schmdean SCHMIEG DEAN 1 015 20 Page 34 414 CITY OF CHANHAS User danielle SCHMIEG DEAN Schmieg Greg Schmigre Schmieg Greg Ck 132780 05 03 07 Inv 043007 Line Item Date 04 30 07 Inv 043007 Total Ck 132780 Total Schmigre Schmieg Greg Seaya Diving Ine seadiv Seaya Diving Ine Ck 132782 05 03 07 Inv 306545 Line Item Date 04 24 07 Inv 306545 Total Ck 132782 Total seadiv Seaya Diving Ine Line Item Description No Amer Snow conf G Schmie Schmieg Greg Line Item Description Diving equipment inspections Seaya Diving Ine Seeureteehs Ine secure Seeureteehs Ine Ck 132783 05 03 07 Inv 2007 00829 Line Item Date Line Item Description 05 02 07 Overpayment 7721 Chanhassen Ro Inv 2007 00829 Total Inv 2007 00830 Line Item Date Line Item Description 05 02 07 Overpayment 7741 Chanhassen Ro Inv 2007 00830 Total Ck 132783 Total secure Seeureteehs Ine SEH seh SEH Ck 132784 Inv 160000 Line Item Date 04 1107 Inv 160000 Total Seeureteehs Ine 05 03 07 Line Item Description Wellhead protection plans Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 1 015 20 Line Item Account 101 1370 4370 30 61 30 61 30 61 30 61 30 61 Line Item Account 101 1220 4530 1 108 37 1 108 37 1 108 37 1 108 37 1 108 37 Line Item Account 101 1220 4901 25 13 25 13 Line Item Account 101 1220 4901 25 13 25 13 50 26 50 26 50 26 Line Item Account 700 7017 4752 1 052 12 1 052 12 Page 35 415 CITY OF CHANHAS User danielle Inv 160186 Line Item Date 04 1 I07 Inv 160186 Total Inv 160465 Line Item Date 041 2 07 Inv 160465 Total Ck 132784 Total seh SEH Line Item Description East water treatment plant Line Item Description Comprehensive water plan SEH SENTRY SYSTEMS INC sensys SENTRY SYSTEMS INC Ck 132671 0419 07 Inv 527300 Line Item Date 03 06 07 Inv 527300 Total Ck 132671 Total Ck 132737 Inv 530619 Line Item Date 04 06 07 Inv 5306 I 9 Total Inv 531019 Line Item Date 041 7 07 Inv 531019 Total Inv 532904 Line Item Date 041 7 07 Inv 532904 Total Ck 132737 Total Ck 132785 Inv 531081 Line Item Date 05 0I 07 Inv 53 108 I Total Ck 132785 Total sensys SENTRY SYSTEMS INC Line Item Description Program fire panel and add smo 04 26 07 Line Item Description Monitoring water treatment p Line Item Description 25 91 Line Item Description Monitoring city hall 05 03 07 Line Item Description City Hall monitoring services SENTRY SYSTEMS INC Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 700 7014 4752 14 893 62 14 893 62 Line Item Account 101 1421 4300 1 05845 1 05845 17 004 19 17 004 19 17 004 19 Line Item Account 700 70 I 9 4300 996 00 996 00 996 00 Line Item Account 700 7019 4300 774 27 774 27 Line Item Account 101 1190 4300 25 91 25 91 Line Item Account 101 1 170 4300 142 09 142 09 942 27 Line Item Account 10 I I 170 4300 76 79 76 79 76 79 2 015 06 2 015 06 Page 36 416 CITY OF CHANHAS User danieIle SHOREWOOD TRUE VALUE shotru SHOREWOOD TRUE VALUE Ck 132786 05 03 07 Inv 77811 Line Item Date 04 30 07 Inv 77811 Total Inv 77834 Line Item Date 05 0107 Inv 77834 Total Ck 132786 Total shotru Line Item Description sprayer Line Item Description paint mixer Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 101 1190 4260 2 33 2 33 Line Item Account lO 1 1190 4260 6 38 6 38 8 71 SHOREWOOD TRUE VALUE SHOREWOOD TRUE VALUE 8 71 SIEGLE CHARLES siegchar SIEGLE CHARLES Ck 132738 04 26 07 Inv 40024 Line Item Date 04J 0 07 Inv 40024 Total Ck 132738 Total siegchar SIEGLE CHARLES SIGNSOURCE signso SIGNSOURCE Ck 132739 04 26 07 Inv 12043 Line Item Date 04J 2 07 Inv 12043 Total Ck 132739 Total signso SIGNSOURCE Line Item Description Inspection school lunch SIEGLE CHARLES Line Item Description Plaque insert Auseth SIGNSOURCE SOUTHWEST LOCK KEY souloc SOUTHWEST LOCK KEY Ck 132673 04J9 07 Inv 10011 Line Item Date 04J 6 07 Inv IOOII Total Ck 132673 Total Line Item Description Repair bathroom door lock Bluf 8 71 Line Item Account 101 1370 4370 3045 30 45 3045 30 45 3045 Line Item Account 101 1170 4110 50 06 50 06 50 06 50 06 50 06 Line Item Account 101 1550 4300 109 00 109 00 109 00 Page 37 417 CITY OF CHANHAS User danielIe souloc SOUTHWEST LOCK KEY SOUTHWEST LOCK KEY SOUTHWEST SUBURBAN PUBLISHING sou sub SOUTHWEST SUBURBAN PUBLISHING Ck 132674 04 19 07 Iny 033107 Line Item Date 03 3107 03 3107 03 3107 03 3107 03 3107 03 3107 03 3107 03 3107 Iny 033107 Total Ck 132674 Total sousub Line Item Description Display ads legals Display ads legals Display ads legals Display ads legals Display ads legals Display ads legals Display ads legals Display ads legals Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 109 00 109 00 Line Item Account 601 6015 4340 101 1510 4340 601 6016 4340 601 6017 4340 700 0000 4340 720 7202 4340 101 1410 4340 10 1 1110 4340 50 90 113 00 196 29 261 72 271 20 271 20 388 32 3 091 99 4 644 62 4 644 62 SOUTHWEST SUBURBAN PUBLISHING SOUTHWEST SUBURBAN PUBLISHING 4 644 62 SPRINT PCS SPRPCS SPRINT PCS Ck 132740 04 26 07 Iny 041407 Line Item Date 0414 07 Iny 041407 Total Ck 132740 Total SPRPCS SPRINT PCS Line Item Description Telephone charges SPRINT PCS SPS COMPANIES INC spscom SPS COMPANIES INC Ck 132787 05 03 07 Iny S 1638732 001 Line Item Date 04 23 07 Iny S1638732 001 Ck 132787 Total spscom SPS COMPANIES INC Line Item Description Sump pump Total SPS COMPANIES INC SRF CONSULTING GROUP INC srfcon SRF CONSULTING GROUP INC Ck 132675 0419 07 Iny 5978 3 Line Item Date Line Item Description 03 31 07 Chan retaiIlcommercialland us 4 644 62 Line Item Account 701 0000 4310 5463 54 63 54 63 54 63 54 63 Line Item Account 101 1551 4260 133 07 133 07 133 07 133 07 13307 Line Item Account 101 1421 4300 5 870 88 Page 38 418 CITY OF CHANHAS User danielle Iny 5978 3 Total Ck 32675 Total srfcon Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 5 870 88 5 870 88 SRF CONSULTING GROUP INC 5 870 88 SRF CONSULTING GROUP INC 5 870 88 Steward Tom and Colleen Stewtom Steward Tom and Colleen Ck 32752 05 03 07 Iny I Line Item Date 071 0 06 Iny I Total Ck 132752 Total Stewtom Steward Tom and Colleen Line Item Description Permanent and temporary const Line Item Account 410 0000 4701 1 320 00 1 320 00 1 320 00 Steward Tom and Colleen 1 320 00 1 320 00 SUBURBAN CHEVROLET subche SUBURBAN CHEVROLET Ck 32676 04 19 07 InY 4185061 1 Line Item Date 04 04 07 Iny 4185061 1 Iny 485325 Line Item Date 04 04 07 Iny 485325 Total Iny 485357 Line Item Date 04 04 07 Iny 485357 Total Iny CM485061 Line Item Date 04 10 07 Iny CM485061 Ck 132676 Total subche Line Item Description Shield hose assembly gaskets Total Line Item Account 700 0000 4140 21755 21755 Line Item Account 700 0000 4140 211 98 211 98 Line Item Account 700 0000 4140 5 26 5 26 Line Item Account 101 1550 4140 36 79 36 79 398 00 398 00 398 00 Line Item Description Gasket tube pan Line Item Description Connector Line Item Description Return hose assembly Total SUBURBAN CHEVROLET SUBURBAN CHEVROLET Swensson Kris SwenKris Swensson Kris Ck 32788 05 03 07 Iny 140 Line Item Date 0418 07 Line Item Description oil Line Item Account 101 1370 4170 322 27 Page 39 419 CITY OF CHANHAS User danielIe Iny 140 Total Ck 132788 Total SwenKris Swensson Kris Swensson Kris TECHNAGRAPHICS teegra TECHNAGRAPHICS Ck 132741 04 26 07 Iny 363101 I Line Item Date Line Item Description 041 6 07 Business cards Iny 3631011 Total InY 3813012 Line Item Date Line Item Description 041 6 07 Business cards Iny 3813012 Total InY 3899011 Line Item Date Line Item Description 04 16 07 Deliyery charges InY 3899011 Total Ck 132741 Total teegra TECHNAGRAPHICS TECHNAGRAPHICS TERMINIX termin TERMINIX Ck 132789 05 03 07 Iny 268337455 Line Item Date Line Item Description 041 6 07 Pest control InY 268337455 Total Ck 132789 Total termin TERMINIX TERMINIX Toyne Ine toyne Toyne Ine Ck 132790 05 03 07 InY 37442 Line Item Date 041 7 07 InY 37442 Total Line Item Description discharge gauge Ck 132790 Total toyne Toyne Ine Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount 322 27 322 27 322 27 322 27 Line Item Account 101 1170 4110 222 36 222 36 Line Item Account 101 1170 4110 149 10 149 10 Line Item Account 101 1170 4110 21 82 21 82 393 28 393 28 393 28 Line Item Account 101 1220 4300 47 93 47 93 47 93 47 93 47 93 Line Item Account 101 1220 4140 148 15 148 15 148 15 148 15 Page 40 420 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Toyne Ine Amount 148 15 TR COMPUTER SALES LLC Treom TR COMPUTER SALES LLC Ck 132677 0419 07 Inv 19117 Line Item Date 04 06 07 Inv 19117 Total Line Item Description Permitworks upgrade Line Item Account 101 1160 4370 400 00 400 00 Ck 132677 Total 400 00 Treom TR COMPUTER SALES LLC 400 00 TR COMPUTER SALES LLC 400 00 TWIN CITY WATER CLINIC INC Twicit TWIN CITY WATER CLINIC INC Ck 132678 04 19 07 Inv 3549 Line Item Date 04 02 07 Inv 3549 Total Line Item Description March bacteria analysis Line Item Account 700 0000 4300 250 00 250 00 Ck 132678 Total 250 00 Twicit TWIN CITY WATER CLINIC INC 250 00 TWIN CITY WATER CLINIC INC 250 00 ULTIMATE MARTIAL ARTS INC ultmar ULTIMATE MARTIAL ARTS INC Ck 132791 05 03 07 Inv 2072 120 Line Item Date Line Item Description 04 28 07 Kid Smart class Inv 2072 120 Total Line Item Account 101 1731 4300 420 00 420 00 Ck 132791 Total 420 00 ultmar ULTIMATE MARTIAL ARTS INC 420 00 ULTIMATE MARTIAL ARTS INC 420 00 UNITED WAY UNIWA Y UNITED WAY Ck 132744 04 26 07 Inv Line Item Date 04 23 07 Inv Total Line Item Description PR Batch 427 4 2007 United Way Line Item Account 101 0000 2006 42 00 42 00 Ck 132744 Total 42 00 UNIWAY UNITED WAY 42 00 UNITED WAY 42 00 Page 41 421 CITY OF CHANHAS User danielIe USA BLUE BOOK usablu USA BLUE BOOK Ck 132792 05 03 07 Jny 359089 Line Item Date 04 20 07 Jny 359089 Total Line Item Description Pump Ck 132792 Total usablu USA BLUE BOOK USA BLUE BOOK VERIZON WIRELESS yerizo VERIZON WIRELESS Ck 132679 041 9 07 Jny 1695609308 Line Item Date Line Item Description 04 03 07 Telephone charges Jny 1695609308 Total Ck 132679 Total Ck 132745 04 26 07 Iny 1697876090 Line Jtem Date Line Item Description 041 0 07 Telephone charges Jny 1697876090 Total Iny 1697964888 Line Item Date Line Item Description 041 0 07 Telephone charges Jny 1697964888 Total Ck 132745 Total Ck 132793 05 03 07 Jny 1700931656 Line Jtem Date Line Item Description 041 8 07 Telephone charges Iny 1700931656 Total Iny 1701015153 Line Item Date Line Item Description 04 18 07 Telephone charges Iny 1701015153 Total Iny 1701924113 Line Item Date 04 20 07 Jny 1701924113 Line Item Description Telephone charges Total Ck 132793 Total yerizo VERIZON WIRELESS VERIZON WIRELESS Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 700 7019 4530 424 05 424 05 424 05 424 05 424 05 Line Item Account 101 1220 4310 27 96 27 96 27 96 Line Item Account 101 1420 4310 6 11 6 11 Line Item Account 101 1220 4310 145 145 7 56 Line Item Account 101 1220 4310 144 144 Line Item Account 101 1220 4310 1 44 1 44 Line Item Account 101 1220 4310 7 15 7 15 10 03 45 55 45 55 Page 42 422 CITY OF CHANHAS User danielle WACONIA FARM SUPPLY wacfar WACONIA FARM SUPPLY Ck 132680 04 19 07 InY 291319 Line Item Date 04 04 07 Iny 291319 Total InY 291613 Line Item Date 04 06 07 Iny 291613 Total Iny 292057 Line Item Date 04 10 07 Iny 292057 Total Iny 292058 Line Item Date 04 10 07 Iny 292058 Total Ck 132680 Total wacfar Line Item Description Grease gun coupler clamp Line Item Description Ice auger repair parts Line Item Description Hose fuel pump switch shaft Line Item Description Bulk roller chain connector WACONIA FARM SUPPLY WACONIA FARM SUPPLY WASHINGTON COUNTY wascou WASHINGTON COUNTY Ck 132746 04 26 07 InY 55815 Line Item Date 04 0107 InY 55815 Total InY 55816 Line Item Date 04 0107 Inv 55816 Total Ck 132746 Total wascou WASHINGTON COUNTY Line Item Description Radio count Line Item Description Radio count WASHINGTON COUNTY WATEROUS COMPANY WATCOM WATEROUS COMPANY Ck 132681 04 19 07 Iny 53185 Line Item Date 041 0 07 Iny 53185 Total Ck 132681 Total Line Item Description Electric air yalve spring yit Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 101 1320 4120 8174 8174 Line Item Account 101 1550 4120 14 11 14 11 Line Item Account 101 1220 4120 37 04 37 04 Line Item Account 101 1550 4120 17242 17242 305 31 305 31 305 31 Line Item Account 101 1260 4531 331 98 331 98 Line Item Account 101 1260 4531 22 64 22 64 354 62 354 62 354 62 Line Item Account 400 4135 4704 376 36 376 36 376 36 Page 43 423 CITY OF CHANHAS User danielle Ck 132682 04 19 07 Inv P600916 001 Line Item Date 04 12 07 Inv P600916 001 Ck 132682 Total Line Item Description Eclipse Total Ck 132794 05 03 07 Inv P295308 002 Line Item Date Line Item Description 041 3 07 Fitting discharge auto tank f Inv P295308 002 Total Inv P295308 003 Line Item Date Line Item Description 041 3 07 Discharge valve assy Inv P295308 003 Total Inv P295308 004 Line Item Date Line Item Description 041 3 07 BFV assy 6 in 12 volt Inv P295308 004 Total Inv P295419 001 Line Item Date 04 13 07 Inv P295419 001 Inv P295426 001 Line Item Date 0413 07 Inv P295426 001 Inv P295887 001 Line Item Date 04 26 07 Inv P295887 001 Ck 132794 Total watcom WATEROUS COMPANY Line Item Description Discharge valve repair kit Total Line Item Description Bracket mounting screw hex he Total Line Item Description Pump Total WATEROUS COMPANY WELLS MARIANNE wellmari WELLS MARIANNE Ck 132683 0419 07 Inv 041107 Line Item Date 041 1 07 Inv 041107 Total Ck 132683 Total wellmari WELLS MARIANNE Line Item Description Yoga instructor WELLS MARIANNE Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 400 4135 4704 12 500 00 12 500 00 12 500 00 Line Item Account 400 4135 4704 1 835 60 1 835 60 Line Item Account 400 4135 4704 1 683 50 1 683 50 Line Item Account 400 4135 4704 2 46740 2 46740 Line Item Account 101 1220 4140 128 80 128 80 Line Item Account 400 4135 4704 83 00 83 00 Line Item Account 400 4135 4704 2 569 32 2 569 32 8 767 62 21 643 98 21 643 98 Line Item Account 101 1761 4300 580 00 580 00 580 00 580 00 580 00 Page 44 424 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 I 5 Amount WESTERMANN S ART FRAME WESTER WESTERMANN S ART FRAME Ck 132684 0419 07 Inv 18408 Line Item Date 03 22 07 Inv 18408 Total Line Item Description Arbor Day poster framing Line Item Account 720 7202 4130 23 I7 5 23 I75 Ck 132684 Total 231 75 WESTER WESTERMANN S ART FRAME 231 75 WESTERMANN S ART FRAME 231 75 WINGFOOT COMMERCIAL TIRE wincom WING FOOT COMMERCIAL TIRE Ck 132795 05 03 07 Inv 124 1040358 Line Item Date Line Item Description 0419 07 Tires Inv 124 1040358 Total Line Item Account 101 1320 4120 369 10 369 10 Ck 132795 Total 369 10 wincom WINGFOOT COMMERCIAL TIRE 369 10 WINGFOOT COMMERCIAL TIRE 369 10 WOLFF JOHN WolfJohn WOLFF JOHN Ck 132796 05 03 07 Inv 042407 Line Item Date 04 24 07 Inv 042407 Total Line Item Description Dive Team storage bins mileag Line Item Account 101 1220 4370 447 14 447 14 Ck 132796 Total 447 14 WolfJohn WOLFF JOHN 447 14 WOLFF JOHN 447 14 WS DARLEY CO wsdar WS DARLEY CO Ck 132685 0419 07 Inv 746356 Line Item Date 04 05 07 Inv 746356 Total Line Item Description Collapsible back pump Line Item Account 101 1220 4260 494 95 494 95 Ck 132685 Total 494 95 wsdar WS DARLEY CO 494 95 WS DARLEY CO 494 95 Page 45 425 CITY OF CHANHAS User danielle WSB ASSOCIATES INC wsb WSB ASSOCIATES INC Ck 132797 05 03 07 Inv I Line Item Date 04 19 07 Inv I Total Inv 3 Line Item Date 0419 07 0419 07 04 23 07 0419 07 Inv 3 Total Ck 132797 Total wsb Line Item Description 2006 bridge safety inspections Line Item Description Sanitary rehabilitation const Metcouncil Interceptor I revie Lift Station 3 Comprehensive sanitary sewer p WSB ASSOCIATES INC WSB ASSOCIATES INC WW GRAINGER INC wwgra WW GRAINGER INC Ck 132686 0419107 Inv 9337125349 Line Item Date Line Item Description 04 06 07 Wall mount brackets Wells 6 Inv 9337125349 Total Ck 132686 Total wwgra WW GRAINGER INC WW GRAINGER INC XCEL ENERGY INC xcel XCEL ENERGY INC Ck 132687 0419 07 Inv 103543205 Line Item Date 0312 07 Inv 103543205 Inv 106990073 Line Item Date 0311 07 Inv 106990073 Line Item Description Electricity charges Total Line Item Description Electricity charges Total Inv 107045684 Line Item Date Line Item Description 04 09 07 Electricity charges Inv 107045684 Total Inv 107085311 Line Item Date 041 0 07 Inv 107085311 Line Item Description Electricity charges Total Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Line Item Account 101 1310 4303 1 287 00 1 287 00 Line Item Account 701 7013 4752 701 7013 4752 701 7015 4752 101 1421 4300 536 00 2 390 00 2 634 00 6 903 00 12 463 00 13 750 00 13 750 00 13 750 00 Line Item Account 700 0000 4510 128 73 128 73 128 73 128 73 128 73 Line Item Account 101 1350 4320 9 21 9 21 Line Item Account 701 0000 4320 24 58 24 58 Line Item Account 101 1550 4320 258 89 258 89 Line Item Account 101 1350 4320 23 07 23 07 Page 46 426 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Iny 107207256 Line Item Date Line Item Description 03 10 07 Electricity charges Iny 107207256 Total Amount Line Item Account 700 0000 4320 163 18 163 18 Ck 132687 Total 460 51 Ck 132747 04 26 07 InY 107695515 Line Item Date 0417 07 InY 107695515 Line Item Description Electricity charges Total Line Item Account 101 1540 4320 160 02 160 02 Line Item Account 701 0000 4320 3 469 56 3 469 56 Line Item Account 101 1190 4320 2 927 07 2 927 07 Line Item Account 101 1220 4320 688 32 688 32 Line Item Account 700 0000 4320 6255 701 0000 4320 62 55 101 1370 4320 50040 625 50 Line Item Account 10 1 1170 4320 2 214 32 2 214 32 Line Item Account 700 0000 4320 6 414 62 6 414 62 Line Item Account 101 1551 4320 14 11 14 11 Line Item Account 700 7019 4320 7 264 64 7 264 64 23 778 16 Iny 107843099 Line Item Date Line Item Description 04 18 07 Electricity charges Iny 107843099 Total Iny 107844780 Line Item Date Line Item Description 04 16 07 Electricity charges Iny 107844780 Total Iny 107876092 Line Item Date Line Item Description 0418 07 Electricity charges Iny 107876092 Total Iny 107881183 Line Item Date 0418 07 0418 07 0418 07 InY 107881183 Line Item Description Electricity charges Electricity charges Electricity charges Total Iny 107887076 Line Item Date Line Item Description 0416 07 Electricity charges Iny 107887076 Total Iny 107891629 Line Item Date Line Item Description 0418 07 Electricity charges Iny 107891629 Total InY 107902166 Line Item Date Line Item Description 0418 07 Electricity charges Iny 107902166 Total Iny 107902687 Line Item Date Line Item Description 0418 07 Electricity charges Iny 107902687 Total Ck 132747 Total Page 47 427 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 04 07 08 15 Amount Ck 132798 05 03 07 Inv 108501518 Line Item Date Line Item Description 04 24 07 Electricity charges Inv 108501518 Total Line Item Account 101 1350 4320 17 589 92 17 589 92 Inv 108525092 Line Item Date Line Item Description 04 24 07 Electricity charges Inv 108525092 Total Line Item Account 10 1 1600 4320 38 17 38 17 Inv 108526329 Line Item Date Line Item Description 04 24 07 Electricity charges Inv 108526329 Total Line Item Account 101 1600 4320 15 83 15 83 Ck 132798 Total 17 643 92 xeel XCEL ENERGY INC 41 882 59 XCEL ENERGY INC 41 882 59 ZARNOTH BRUSH WORKS INC zarbru ZARNOTH BRUSH WORKS INC Ck 132799 05 03 07 Inv 109925 Line Item Date Line Item Description 1212 06 return broom refill Inv 109925 Total Line Item Account 101 1320 4120 469 67 469 67 Inv 110942 Line Item Date 03 22 07 Inv 110942 Total Line Item Description gutter brooms broom refills Line Item Account 101 1320 4120 2 013 92 2 013 92 Ck 132799 Total 1 544 25 zarbru ZARNOTH BRUSH WORKS INC 1 544 25 ZARNOTH BRUSH WORKS INC 1 544 25 ZEP MANUFACTURING COMPANY zepman ZEP MANUFACTURING COMPANY Ck 132748 04 26 07 Inv 57234937 Line Item Date Line Item Description 02 07 07 zep sweep Inv 57234937 Total Line Item Account 101 1320 4120 205 04 205 04 Ck 132748 Total 205 04 zepman ZEP MANUFACTURING COMPANY 205 04 ZEP MANUFACTURING COMPANY 205 04 Total 483 578 93 Page 48 428 CITY OF CHANHASSEN TOTAL CORPORATE ACTIVITY 28 730 98 CR Post Tran Date Date Reference Number Transaction Description 04 10 04 10 74798267100000000000120 PAYMENT THANK YOU 00000 W Amount 28 730 98 PY KATHRYN AANENSON CREDITS 0 00 PURCHASES 35 00 CASH ADV 0 00 TOTAL ACTIVITY 35 00 Post Tran Date Date Reference Number Transaction Descri tion Amount 03 28 03 27 24326887086206166200193 URBAN LAND INSTITUTE 202 624 7076 DC 01 LI O 4 370 35 00 CUSTOMER SERVICE CALL ACCOUNT NUMBER ACCOUNT SUMMARY PREVIOUS BALANCE 28 730 98 1 800 344 5696 OTHER CHAR ES 19447 74 STATEMENT DATE DISPUTED AMOUNT CASH ADVANCES 00 04 16 07 00 CASH ADVANCE FEES 00 l RG ES 00 SEND BILLING INQUIRIES TO AMOUNT DUE CREDITS 359 14 PAYMENTS 28 730 98 p EIVED 19 088 60 Fargo ND 58125 6344 ACCOUNT BALANCE 19 088 60 n MI L tJ LUIJf CITY OF CHANHASSEN FIRE DEPARTMENT Page 1 of 7 l 429 PSUSANPBILL P unppupp CREDITS 0 00 Post Tran Date Date Reference Number 03 16 03 14 03 19 03 15 03 21 03 19 03 29 03 28 04 09 04 07 04 10 04 09 04 10 04 09 04 11 04 10 24427337073720006134577 24164077075845420785048 24323007079263186010034 24435657087775001014385 24164077098091009272198 24164077099091007277875 24164077099091009986861 24455017100140009718229 JERRY CHALUPSKY Post Tran Date Date Reference Number Comoanv Name CITY OF CHANHASSEN Comorate Account Number Statement Date 04 16 2007 PURCHASES PCASH ADV 180 22 0 00 Transaction Descri tion BYERLY S CHANHASSEN CHANHASSEN MN RAINBOW FOODS 00088708 CHASKA MN MOSCOW ON THE HILL ST PAUL MN IKEA BLOOMINGTON BLOOMINGTON MN TARGET 00013524 CHASKA MN TARGET 00008623 CHANHASSEN MN TARGET 00013524 CHASKA MN WAL MART 3513 SHAKOPEE MN CREDITS 0 00 PURCHASES 61 73 CASH ADV 0 00 TOTAL ACTIVITY 180 22 10 1 tO1 1 O I lllSc O L Ot IDI 5c1 f O TOTAL ACTIVITY 61 73 Amount 6 66 11 81 3 95 86 16 48 70 29 29 11 72 31 93 03 19 03 16 24692167077000013199953 NORTHERN TOOL EQUIPMNT BURNSVILLE MN 101 550 41 O 61 73 Amount CHARLES CHIHOS Post Tran Date Date Reference Number 03 20 03 18 03 23 03 21 0326 03 22 04 02 03 29 24164077078683077390052 24423637081771841127109 24323007082138012764209 24610437089010179549620 EDWARD J COPPERSMITH Post Tran Date Date Reference Number Transaction Descri tion CREDITS 0 00 PURCHASES 514 35 CASH ADV 0 00 TOTAL ACTIVITY 514 35 701 437701437D 7 OI 1 7D 70 0 TOTAL ACTIVITY 156 70 Amount 37 89 30 00 357 24 89 22 04 02 03 31 24610437091072006657261 HOLIDAY INNS HTL STES ST CLOUD MN IOI Y370 156 70 0331000069973 ARRIVAL 03 28 07 Amount KEVIN CROOKS Post Tran Date Date Reference Number 03 21 03 20 24427337079720003439932 03 27 0326 24717057086640860393796 03 29 03 27 24610437087010179638334 04 09 04 06 24399007097192440199266 Transaction Descri tion AMOCO OIL 06253793 MADISON WI SPEEDWAY 4482 Q64 MENOMONIE WI THE MADISON INN MADISON WI 0001276420 ARRIVAL 03 18 07 THE HOME DEPOT 2825 CHESKA MN CREDITS 0 00 PURCHASES 156 70 CASH ADV 0 00 Transaction Descri tion CREDITS 0 00 PURCHASES 126 25 CASH ADV 0 00 Transaction Descri tion TOTAL ACTIVITY 126 25 Amount CUB FOODS CHANHASSEN MN OO O 14 23 NAPA AUTO PARTS 25796 EDEN PRAIRIE MN iOO 701t 11l0 9 59 THE HOME DEPOT 2825 CHESKA MN 700 1 14 59 78 GANDER MOUNTA100104893 EDEN PRAIRIE MN 00 530 42 65 Page 2 of 7 I 430 ComDanv Name CITY OF CHANHASSEN Comorate Account Number Statement Date 04 16 2007 TODD GERHAfliiII Post Tran Date Date Reference Number 03 19 03 17 24427337076720007940896 03 22 03 20 24445007080770998126774 03 26 03 22 24707807082701910187838 03 29 03 27 24493987087401032799957 GREGG GESKE 1 Post Tran Date Date Reference Number CREDITS 0 00 PURCHASiS 100 74 CASHADV 0 00 l OTALAC1WITV 100 74 Transaction Descri tion Amount BYERLY S CHANHASSEN CHANHASSEN MN 101 1 0 4370 21 97BAKERSSQUARERESTQ12EDENPRAIRIEMNDIllO4101903 LORD FLETCHER S SPRING PARK MN 101 IIlD Y 10 14 74 JIMMY S FOOD COCKTAILS MINNETONKA MN DI l O 1370 45 00 CREDITS 0 00 PURCHASES 71 94 CASH AOV 0 00 TOTAL ACTIVITY 71 94 Transaction Oescri tion Amount 03 22 03 21 24717057080730804180114 THRACO INC 225 7533680 LA 10 1 I C 5 D DALE GREGORY Post Tran Date Date Reference Number 03 21 03 20 24692167079000122520022 03 29 03 28 24692167087000862905615 04 02 03 30 24717057089130899714888 04 10 04 09 24717057099130999216121 COREY GRUENHAGEN Post Tran Date Date Reference Number 03 23 03 22 24445007081771841127281 04 02 03 30 24692167089000949720639 04 02 03 30 24692167089000949720688 0402 03 30 24692167089000949720704 04 03 04 02 24445007092783822527618 04 13 04 12 24445007102794403341384 TODD HOFFMAN r Post Tran Date Date Reference Number 03 19 03 17 24164077077691125101315 03 26 03 22 24427337082710030089227 04 02 03 30 24692167089000006212793 04 13 04 12 24055237103206088000113 CREDITS 0 00 PURCHASES 469 71 CASH ADV 0 00 TOTAL ACTIVITY 469 71 Transaction Descri tion Amount OUTDOOR SIGNS AMERICA 800239 9990 AL 101 550 4 50 39 06NORTHERNTOOLEQUIPMNTMINNETONKAMN101550lsa638MTIDISTRIBUTINGINCPLBROOKLYNCENTMN1055031012500BGPRODUCTSAQUACID6514296126MNIOIISSOIIIC29927 CREDITS 0 00 PURCHASES 9 302 27 CASH ADV 0 00 TOTAL ACTIVITY 9 302 27 Transaction Descri tion Amount CDW GOVERNMENT 800 8004239 IL YOO 41II 47037 428 67ZOMAXDELLVISTAUPG8666347426CAt1067ZOMAXDELLVISTAUPG8666347426CA400411o1067 ZOMAX DELL VISTA UPG 866 634 7426 CA 10 67 CDW GOVERNMENT VERNON HILLS IL IOO 41 1 47C 3 1 799 00CDWGOVERNMENT8008004239ILIOIItpO3oo4259 CREDITS 0 00 PURCHASES 165 18 CASH ADV 0 00 TOTAL ACTIVITY 165 18 Transaction Descri tion Amount KWIK TRIP 40200004028 CHANHASSEN MN 101 150 10 0 100 00 CHANHASSEN CENTER DRUG CHANHASSEN MN IOI IS 30 12 76 ACTIVE PARKSUMMIT 877 2284881 CA 10 1 O 3O 43 60 JAVA CO CAFE Q69 CHANHASSEN MN 101 150 3 0 8 82 Page 3 of 7 71 94 r 431 Company Name CITY OF CHANHASSEN Corporate Account Number lilT Statement Date 04 16 2007 LAURIE AHOKKANEN u CREDITSu 0 00 Post Tran Date Date Reference Number 03 16 03 15 24445007075765126161526 03 27 03 26 24427337085720003396340 03 28 03 26 24803917086535028010839 04 04 04 02 24480207092900016503732 04 10 04 09 24427337099720003369325 04 11 04 09 24323007100253553010157 JERRY JOHNSON Post Tran Date Date Reference Number 03 16 03 14 03 16 03 15 03 21 03 20 03 29 03 28 03 30 03 28 04 11 04 10 24717057074690741944956 24717057075690751127129 24717057079640796106774 24493987087207563800027 24717057088690883253665 24270767100286256900045 TOM KNOWLES Post Tran Date Date Reference Number PURCHASES umCASHADVu TOTALACTIVITV 487 85 0 00 487 85 Transaction Descri tion Amount BATTERIES PLUS PRIOR LAKE MN IOI I pO 4130 181 28 CUB FOODS CHANHASSEN MN o II O i370 8 28 GIANT PANDA RESTAURANT CHANHASSEN MN 01 1110 4370 90 10 DISCOUNT RAMPS COM 888 6513431 WI ICI U D lILfO 102 99 CUB FOODS CHANHASSEN MN S 14 99 CJ S COFFEE WINE BAR CHANHASSEN MN IO IIlD 1370 l9021 CREDITS 0 00 PURCHASES 338 69 CASH ADV 0 00 TOTAL ACTIVITY 338 69 Amount Amount g g g gJ6Mo j g TJgl k i icL AO o s3Sw4 30 1Jl 53 KAREN M LARSON Post Tran Date Date Reference Number 03 19 03 15 242707670751660000276110322032174270767080166000065502 03 29 03 27 24270767087166000036659 04 02 03 29 24270767089166000003251 MARK L1TTFlN Post Tran Date Date Reference Number Transaction Descri tion MILLS FLEET FARM 25 LAKEVILLE MN 701 I D WW GRAINGER 768 877 2022594 IA 70 LJSS BORDER STATES ELECTRIC BROOKLYN PARK MN O L SS OLSEN CHAIN CABLE INC 9529447678 MN 10 455 I MILLS FLEET FARM 25 LAKEVILLE MN IOI L1 40 TOLL CO 6129493888 MN tOI LilLlO CREDITS 0 00 PURCHASES 564 35 CASH ADV 0 00 TOTAL ACTIVITY 564 35 Amount 24740 19 93CR 129 92 6 26 03 16 03 14 24399007074080001683546 OREILLY AUTO 00015099 CHANHASSEN MN DI D 4 SolO 10 64 Amount Transaction Descr tion CREDITS 19 93 PURCHASES 383 58 CASH ADV 0 00 TOTAL ACTIVITY 363 65 Transaction Descri tion QUILL CORPORATION 800 7898965 IL QUILL CORPORATION 8007898965 IL QUILL CORPORATION 8007898965 IL QUILL CORPORATION 800 7898965 IL 0 111 D 4110 CREDITS 0 00 PURCHASES 10 64 CASH ADV 0 00 TOTAL ACTIVITY 10 64 Transaction Descr tion Page 4 of 7 12 79 60 85 46 04 78 18 54 29 86 54 I 432 m Company Name CITY OF CHANHASSEN Coroorate Account Number n lIT TI Statement Date 04 16 2007 BRETT MAR1Ir Post Tran Date Date Reference Number 03 19 03 17 24427337076720004814979 04 02 03 30 24692167090000094336592 04 06 04 05 24246517096286199800100 Post Tran Dale Dale Reference Number 03 22 03 16 24270767080401031698830 04 05 04 03 24761977094275178010636 04 09 04 06 24164077096091008269734 RICHARD D RICE L1 Post Tran Dale Date Reference Number 03 19 03 15 03 20 03 19 03 21 03 19 03 21 03 20 03 21 03 20 03 23 03 22 03 23 03 21 03 26 03 23 03 30 03 29 04 02 03 29 0404 04 02 04 16 04 13 NATE ROSA Post Tran Dale Dale 03 19 03 15 04 02 03 30 04 02 03 30 04 02 03 29 04 02 03 30 04 09 04 07 04 09 04 06 0409 04 07 04 16 04 13 24493987075318012409650 24445007078768791032813 24445007079769825346533 24445007079769825346616 24493987079200077000044 24445007081771841127364 24610437081004023014491 24445007082772929466525 24610437088004002079039 24164077089743001063634 24445007093784822078304 24445007104796517607814 Reference Number 24418007075075014657004 24164077089091007643540 24164077089091008252382 24445007089780405929703 24493987090200099400052 74164077097Q91012380323 24427337096120008028010 24427337097720005329154 24071057105987130524321 CREDITS 000 PURCHASES 80 82 CASH ADV 0 00 TOTAL ACTIVITV 80 82 Transaclion Descri tion CUB FOODS CHANHASSEN MN 101 O I3iDNORTHERNTOOLEQUIPMNTMINNETONKAMNIO fD SHOREWOOD TRUE VALUE EXCELSIOR MN 700 4550 CREDITS 000 PURCHASES 89 00 CASH ADV 0 00 TOTAL ACTIVITY 89 00 Transaction Descri tion MPL PARKING RAMP MINNEAPOLIS MN lol t 310 BWW 0088 CHANHASSEN MN 0 ItUD 31D TARGET 00008623 CHANHASSEN MN fC l nt 4110 CREDITS 0 00 PURCHASES 2 369 26 CASH ADV 0 00 TOTAL ACTIVITY 2 369 26 Transaction Descri lion Amount Amounl Amount CC WINZIP COM 86D429 3539 CT 10 1 0 4300 71 90 CDW GOVERNMENT 800 8004239 IL IOI IIrO l50 189 56 OFFICE MAX CHANHASSEN MN 10 i D Y IID 106 27 CDW GOVERNMENT 8008004239 IL 0 1 rD Lll50 28 10 QQEST ASSET MANAGEMENT 800733 8839 UT 101 11 00 113001 020 00 COW GOVERNMENT 800 8004239IL 10 05 153 93 DELL MARKETING LP 800 234 1490 TX 4oo l lf o 379 35 CDW GOVERNMENT 800 8004239 IL 700 iO 4703 147 99 E FILLlATE 800 892 0164 CA IO lllPO LlI5l 70 93 RADIO SHACK 00161315 CHANHASSEN MN 400 fp 4 03 73 46 OFFICE MAX CHANHASSEN MN 10 IIr 0 4150 10 63 OFFICE MAX CHANHASSEN MN l OO 4 0I r03 117 14 CREDITS 209 21 PURCHASES 1 929 45 CASH ADV 0 00 TOTAL ACTIVITY 1 720 24 Transaction Descri tion ORIENTAL TRADING CO 8002280475 NE TARGET 00008623 CHANHASSEN MN TARGET 00008623 CHANHASSEN MN OFFICE MAX CHANHASSEN MN PARTY AMERICA 1017 CHANHASSEN MN TARGET 00008623 CHANHASSEN MN BYERLY S CHANHASSEN CHANHASSEN MN CUB FOODS CHANHASSEN MN EMPIRE CLEANERS MOTO 952 9349602 MN IQI r 30 IOI ItI 130 cl 1 30 0 11 0 1110 I D IJ 1I130 ol I 4 30 o 4 OloI30 ID1 1t 4300 Amount 8248 163 02 1 529 06 58 56 31 63 209 21 CR 841 40 69 15 60 Page 5 of 7 32 51 24 52 23 79 4 00 66 70 18 30 433 Company Name CITY OF CHANHASSEN Comorate Account Number Statement Date 04 16 2007 Post Tran Date Date Reference Number CREDITS 0 00 PURCHASES 143 14 CASHADV 0 00 TOTAL ACTIVITY 143 14 Transaction Descri tion Amount 04 16 04 13 24388947103230119503145 MERLlNS ACE HARDWARE CHANHASSEN MN ID lPOD 4 30 8 51 04 16 04 13 24445007103795606768058 FEDEX KINKO S 0621 CHANHASSEN MN IOI I7CdII D 134 63 JILL SINCLAIR Post Tran Date Date Reference Number CREDITS 130 00 PURCHASES 59 81 CASH ADV 0 00 TOTAL ACTIVITY 70 19CR 03 1903 16 74266577075286358100473 UOFMCCESTPAULMN Id O c cl30 130 00CR 0402 03 29 24291517089700769129263 AURA BACKDROPS 518 758 2785 NY L 59 81 Post Tran Date Date Reference Number 04 02 03 31 24164077090091007647472 04 02 03 30 24427337089720004082143 04 16 04 13 24721877106010503240138 JEAN STECKLlNG Post Tran Date Date Reference Number 03 16 03 15 24055237074207288501178 0406 0404 24717057095130959856910 GREG STICHA Transaction Descri tion Amount CREDITS 0 00 PURCHASES 213 27 CASH ADV 0 00 TOTAL ACTIVITY 213 27 Transaction Descri tion Amount TARGET 00008623 CHANHASSEN MN 0 D 4atiO 17 54 CUB FOODS CHANHASSEN MN 01 1 0 1 350 74 74 FIRESTORElOFFICERSTORECO 800 8526088 PA Ol LIllf0120 99 CREDITS 000 PURCHASES 429 00 CASH ADV 0 00 TOTAL ACTIVITY 429 00 Transaction Descri tion Amount LORMAN EDUCATION SERVICE 715 833 3940 Wi D 1310 1370032900 GRAND VIEW LODGE TENNIS NISSWA MN L100 00 00001 ARRIVAL 0404 07 CREDITS 0 00 PURCHASES 199 00 CASH ADV 0 00 TOTAL ACTIVITY 199 00 Post Tran Date Date Reference Number Transaction Descri tion Amount 04 03 04 02 24412957092219000002715 SEMINARS NAT UPADGETT 800682 5061 KS IOH130 tf3iO 199 00 MARJORIE A TH CREDITS 0 00 PURCHASES 21 26 CASH ADV 0 00 TOTAL ACTIVITY 21 26 Page 6 of 7434 Comoanv Name CITY OF CHANHASSEN Como rate Account Number Statement Date 04 16 2007 Post Tran Date Date Reference Number Transaction Descri lion Amount 04 05 04 04 24493987095200099400412 PARTY AMERICA 1017CHANHASSEN MN IDI IC LfI3D 21 26 RANDY WAHL CREDITS 0 00 PURCHASES 225 30 CASH ADV 0 00 TOTAL ACTIVITY 225 30 Post Tran Date Date Reference Number Transaction Descri tion Amount 03 28 03 26 24164077086255184619747 03 29 03 27 24445007087778287657097 04 03 04 1 24610437092010179879477 SUBWAY 11169 00111690 CHANHASSEN MN ol O Y370 OFFICE MAX CHANHASSEN MN 101 W70 4110 THE HOME DEPOT 2825 CHESKA MN Ol IwoL O 9548 14 90 114 92 CaRl WALLIS CREDITS 0 00 PURCHASES 719 23 CASH ADV 0 00 TOTAL ACTIVITY 719 23 Post Tran Dale Dale Reference Number Transaction Descri tion Amount 03 26 03 22 03 28 03 26 03 28 03 26 03 30 03 28 04 12 04 11 24028107082900708231033 24233377086004023214133 24610437086004024261310 24445007088779336754629 24717057101731019883570 RAPID WIRELESS CHASKA 952 2265745 MN 7DI 431D 42 59 VWR SCIENTIFIC PROD VCTS 800 932 5000 PA 700 D t I D 19 36 SEARS ROEBUCK 1142 EDEN PRAIRIE MN fOO LJ lA O 437 20 OFFICE MAX CHANHASSEN MN C lI L O 121 08 EDEN PRAIRIE TUITION OFFI BROOKLYN PARK MN ID B7D 99 00 Department 00000 Total Division 00000 Total 19 088 60 19 088 60 Page 7 of 7435