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CC Packet 2007 05 29AGENDA CHANHASSEN CITY COUNCIL TUESDAY, MAY 29, 2007 CHANHASSEN MUNICIPAL BUILDING, 7700 MARKET BOULEVARD 5:30 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. Joint Meetings with Commissions: 1. Senior Commission 2. Park & Recreation Commission 3. Environmental Commission B. Discussion of Future Staffing and Benchmarking, Police Services. 7:00 P.M. – REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (Pledge of Allegiance) PUBLIC ANNOUNCEMENTS 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 May 14, 2007 - City Council Summary Minutes dated May 14, 2007 - City Council Verbatim Minutes dated May 14, 2007 b. Approval of Lodging Tax. c. Approval of Ordinance Amendment to Chapter 20, Zoning, Chanhassen City Code. d. Approval of Lease with Cingular for Cell Tower on West 82nd Street Water Tower. e. Approval of Encroachment Agreement, Autobahn Motorplex. 1 f. Approval of Extension of Preliminary Plat, Liberty at Creekside. VISITOR PRESENTATIONS LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE 2 a. Sgt. Ross Gullickson, Carver County Sheriff's Department b. Chief Gregg Geske, Chanhassen Fire Department PUBLIC HEARINGS 3. National Pollution Discharge Elimination System (NPDES) Public Hearing and Annual Report. UNFINISHED BUSINESS - None NEW BUSINESS 4. ARBORETUM BUSINESS PARK 7TH ADDITION/MAMAC SYSTEMS, Located on the Northeast Corner of Century Boulevard and West 82nd Street; Applicants: Chaska Gateway Partners, LLP and S. Asim Gul: Request for Subdivision Approval for two lots and one outlot, Conditional Use Permit for development within the Bluff Creek Corridor, and Site Plan Approval for a 51,800 square-foot office/warehouse building with Variances. 5. OUTSET, INC., Located at 2460 Galpin Court, Applicant: Eden Trace Corporation: Request for Site Plan Approval for a 48,000 square-foot office/warehouse building and a Sign Variance. COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET ADJOURNMENT ECONOMIC DEVELOPMENT AUTHORITY MEETING Agenda - May 29, 2007 1. Release from Contract for Private Redevelopment and Assessment Agreement, Chanhassen Country Inn & Suites. 2. Approval of Minutes dated April 10, 2006. 2 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 952227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us A i MEMORANDUM TO Todd Gerhardt City Manager FROM Sharmeen AI Jaff Senior Planner s fJDATEMay292007 SUBJ Discussion Topics for Joint City Council Senior Commission Meeting The following are the Commission s Accomplishments Goals and Objectives for 2007 1 Identify Issues Facing Senior Citizens and Present Them With Possible Solutions and Recommendations to the City Council The Senior Commission will hold its third annual open house in September 2007 The focus of the open house will be launching the program In Case of Emergency ICE The senior commission is working with Deputy Fire MarshalEmergency Management Coordinator Ed Coppersmith 2 Transportation This is an issue that has always been a concern to the Senior Commission Transportation has always been identified as a need among seniors yet when the service is provided it is hardly ever used At the first Senior Commission open house which was held on October 21 2005 the attendees expressed a need for more public transportation In response to this request staff contacted SouthWest Transit and provided them with a city map reflecting all high density residential areas and major points of interest in the city such as shopping areas clinics library etc SouthWest Transit began running a circulator bus at the beginning of the summer of 2006 The fair was 0 50 The ridership was low SouthWest Transit decided to run the buses free of charge for marketing purposes The ridership increased but not enough to justify continuing the service Councilwomen Bethany Tjornhom and Vicki Ernst attended a senior commission meeting and offered to assist the commission with this goal They contacted local businesses and found that they would be willing to sponsor transportation between senior residences and these businesses Staff is in the process of compiling survey questions to find desired destinations 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 play4 Chanhassen Senior Commission Goals and Objectives 2007 May 29 2007 Page 2 3 Senior Center The number of attendees at the Senior Center continues to Increase 4 Veterans Monument The Senior Commission is still committed to building a monument to honor the veterans of our community The American Legion has been made aware that the members of the commission are available to assist as private citizens 5 Participate in Carver County Health Partnership CCHP The objective of CCHP is to create a county wide master plan on aging Chanhassen is represented by Senior Commissioners who serve as liaisons between the County and the City 6 Communication a Computer Training The commission presented this item to the City Council at the May 2005 joint meeting One of the most effective means of obtaining information is through the web Some seniors are intimidated by computers The Senior COInmission worked through the Senior Center to begin a computer training program Volunteers have been recruited to provide one on one training to seniors We believe this problem will correct itself as the com generation ages This program has been very successful b Educate Future Generations of Seniors Increase awareness of the opportunities and challenges that face seniors in Chanhassen c Life Time Learning The Senior Center Coordinator has introduced lifelong learning presentations offered through Augsburg College the College of the Third Age KleinBank is sponsoring this series of presentations d Communication With Neighboring Senior Centers and Community Education Coordination of events Transportation coordination with other senior centers and community education Work with communities within Carver County to assist in creating senior friendly communities e Volunteer Opportunities for Seniors The Senior Commission is working to coordinate and develop partnerships for volunteer G plansj sc SENIOR GOALS May 29 2007 doc 5 Chanhassen Senior Commission Goals and Objectives 2007 May 29 2007 Page 3 opportunities for seniors at the library schools city events such as Arbor Day computer training senior center duties etc 7 Senior Parking at Public Buildings Ongoing The Senior Commission contacts local businesses and requests the installation of Senior Parking signs at their parking lots 8 Support a Senior Expo This goal gives staff and seniors an opportunity to learn about issues facing seniors what other communities are doing to address these issues and form partnerships with other agencies The Expo is held once a year and the cost for this valuable service is only 16 00 per person b Chanhassen Heritage Preservation Continue to promote and preserve Chanhassen s history c Food Shelf The senior center is a drop off location for non perishable food items d Inter Generational Activities Work with the schools on joint activities between seniors and students of all ages i e storytelling sharing experiences etc 9 Have an Annual Joint Work Session Between the Senior Commission and the City Council to Present the Goals and Objectives for the Year and Ensure that the Council s Vision and their Expectations of the Senior Commission Will be Met The Senior Commission members are actively involved in the community They listen and educate seniors on programs available to them and hear the concerns and issues facing them Through this format they are able to poll a representative sample and report the key issues to the City Council G plansj sc SENIOR GOALS May 29 2007 doc 6 A J City CouncilJPark Recreation Commission Joint Meeting Agenda Items May 22 2007 Prepared by Park and Recreation Commission 0 1 Thank vou s Lake Ann Park Parking Lot and Rain Garden Improvements Lake Ann Park Ball Field Lighting Project Lake Ann Park Parkview Picnic Shelter Off Leash Dog Area 2 Athletic Fields Continue to Increase Capacity at existing Facilities Look to Acquire Land for Additional Fields Consider Renovating the Lake Susan Ball Field to create a Town Field 3 Trails Remain a top priority Continue planning for the installation of future segments Pay Special Attention to Missing Links Should the Yosemite Road Project include Pedestrian Improvements 4 Comprehensive Plan Plan for Final Build Out of Park Open Space System Act on Opportunities that Remain to Make a Positive Impact 5 Council Ouestions 7 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 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 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 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us A 3 MEMORANDUM TO Todd Gerhardt City Manager FROM Jill Sinclair Environmental Resources Specialist DATE oMay292007 SUBJ Joint Meeting with the Environmental Commission The Environmental Commission is looking forward to the opportunity to discuss current projects and updates with the Mayor and City Council Current Projects Flex Fuel vehiclesHybrid vehicles Present research as to the viability of purchasing these vehicles for city use Solar water heater discuss benefits of installing solar water heaters at public buildings Organics Composting Project Working jointly with Carver County on localized organics collection project g planjs ec ec06 ec cc jt mtg may 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 play8 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 952227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us B MEMORANDUM TO Mayor and City Council FROM Todd Gerhardt City Manager t A 0 May 21 2007 OlDATE SUBJ Discussion of Future Staffing and Benchmarking Police Services Attached is a copy of a report from the Carver County Sheriff s Department entitled Future Staffing Discussion The report outlines how the Sheriff s Department determines staffing levels They use three 3 factors in determining the levels of police service for Chanhassen Policing Factors includes response times to emergencies visihility in the community traffic enforcement presence etc Community Factors includes population housing types single family vs multiple family number of local roads types of commercial property etc Average Sworn Law Enforcement Officers per 1 000 Inhabitants The Sheriff s Contracting Committee recommends 8 officers for each 1 000 population Chanhassen is currently at 54 In the past Chanhassen has used community factors in determining our law enforcement service levels Back in 2004 we added law enforcement to keep up with increasing population and new commercial developments The same is true for today The community factors that will determine our needs are as follows 2008 The opening of Highway 212 312 means more calls for service accidents car fires etc 2009 The opening of the Chanhassen High School will bring the need for a School Liaison Officer and additional calls for service 2010 The opening of the 2005 MUSA area will bring an increase of about 800 to 1 000 new residents by 20lO again increasing the calls for serVIce 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 play9 Mayor and City Council May 22 2007 Page 2 To meet this need the Carver County Sheriff s Office and staff are proposing adding one additional law enforcement personnel for the next three years as follows 2008 Add of a Full Time Investigator paid by the City and of a School Liaison Officer paid by the City who will be designated as a patrol officer until August 2009 This will help in following up on crimes in Chanhassen and freeing up the workload of current deputies which in turn will allow for more patrol and interaction with residents and businesses The School Liaison Officer will become a patrol deputy when school is not in session summers holidays school breaks etc 2009 Pick up the other V2 of the Investigator paid by the City and pick up the other of a School Liaison Officer paid by School District 112 and of a new full time Patrol Officer paid by the City We are adding a 14 Patrol Officer because we would have a 4 month gap without one 2010 Pick up the remaining of the Patrol Officer paid by the City To summarize we are proposing the following 2008 2009 Full time Investigator paid by the City 2008 2009 Full time School Liaison OfficerIPatrol Officer paid Y2 by the School District and by the City 2009 2010 Full time Patrol Officer paid by the City Again this is the recommendation from the Carver County Sheriff s Department and staff for the next three 3 years Also attached are some benchmarks outlining the services and performance of Chanhassen law enforcement deputies for the past three 3 years Staff will be looking for feedback from the City Council on the proposed staffing levels and will answer any questions the Council may have concerning benchmarks ATTACHMENTS 1 Carver County s Staffing Discussion Report 2 2007 Police Serving Benchmarks 2004 2006 G Admin TGpolice benchmarks 2007 doc 10 2007 Contract for Police Services City of Chanhassen with Carver County Sheriff s Office Benchmarks 2004 2006 2004 2006 OUTCOMES RESIDENTS PER OFFICER Officers Year Population 13 00 12 25 842 Residents per Officer 2006 2005 2004 23 864 23 652 23 431 Increase in number of officers per resident1836 1 931 2 783 2004 2006 Average 2 183 CALLS FOR SERVICE PER OFFICER Calls for Year Service Officers Total Calls for Service per Officer 2006 2005 2004 14 292 13 169 12 853 1 099 1 075 1 526 Lowered the total calls for service per officer with a slight increase in 20061300 12 25 842 2004 2006 Average 1 197 CALLS FOR SERVICE PER RESIDENT Calls for Year Population Service Total Calls for Service per Resident 2006 2005 2004 Totals 23 864 23 652 23431 70 947 14 292 13 169 12 853 40 314 Slight increase in calls for service per resident060 0 56 0 55 2004 2006 Average 0 57 CITATIONS ISSUED PER OFFICER Year Officers Citations Issued Citations per Officer 2006 2005 2004 13 00 12 25 842 Consistent number of citations per officer3477 3 240 2 235 26746 26449 26544 2004 2006 Average 265 80 1Hkh I t J 11 2007 Contract for Police Services City of Chanhassen with Carver County Sheriff s Office Benchmarks 2004 2006 PART I II CRIMES PER OFFICER 2004 2006 OUTCOMES Year Part I Part II Crimes Officers Total Part I Part II Crimes per Officer 2006 2005 2004 1 339 1 481 1 107 103 121 131 13 12 25 842 2004 2006 Average 118 CRIMES PER POPULATION Part I Part II Year Population Crimes Population per Crimes 2006 2005 2004 23 864 23 652 23431 18 16 21 1 339 1481 1 107 2004 2006 Average 18 OFFICERS PER 1 000 POPULATION Year Population Officers Officers per 1 000 population 2006 2005 2004 13 12 25 842 0 54 052 0 36 23 864 23 652 23431 2004 2006 Average 047 Decrease in the number of Part I Part crimes per officer Slight decrease in crimes per resident Slight increase in officers per 1 000 residents 12 City of Chanhassen Staffing Discussion April 20 2007 Carver County Sheriff s Office Jeff Enevold Commander Ifhc1c h13 Level of Service Factors The Sheriffs Contract Committee SCC through the Vision 2005 contract policing plan uses the following factors to determine the levels of service necessary in our contract communities Policing Factors Response Times to Emergencies Visibility in the Community Traffic Enforcement Presence Local Ordinance Enforcement Types of Calls Criminal vs Non Criminal Increase in Calls for Service Determine Types of Services Size of Patrol District Familiarity with Local Issues Community Factors Population Housing Type Single vs Multi housing Number of Local Roads Types of Commercial Property Number of Lakes Parks Trails Number of Schools Local Demand for Service Local Control of Resources Local Identity of Resources Local Coordination of Resources Accountability of Resources Say in Local Policing Citizen Complaints about Service Community Wants and Needs Average Sworn Law Enforcement Officers per 1 000 inhabitants The Sheriffs Contracting Committee recommends the rate of Law Enforcement Officers for each 1 000 population in our Contracting Communities at 8 The Sheriff s Contracting Committee recommends the rate of Law Enforcement Officers for each 1 000 population in the General Patrol Districts at 4 International Association of Chiefs of Police method of determining manpower needs The formula is intended to calculate the number of patrol officers needed to cover the existing workload Rate of sworn law enforcement officers per 1 000 inhabitants Average rural 2005 1 3 2005 Uniform Crime Report page 107 14 The Carver County Sheriff s Office makes recommendations for staffing levels every year to our contract communities The final decision on what levels of service and staffing levels are needed is made by the community leaders Future Considerations New District 112 highschool o need for SRO New Highway 212 o increased traffic complaints accidents New residential housing o increased calls for service o increased medicals New commercial industrial businesses o increased alarms thefts medicals calls for service Current deputies assigned to Chanhassen 12 Patrol Deputies 1 Liaison Sergeant April 1 2007 estimate population 23 889 Level of service factor 8 deputies per 1000 population Formula 23 889 x 0008 1911 deputies January 1 2010 estimate population 27 500 Level of service factor 8 deputies per 1000 population Formula 27 500 x 0008 22 deputies January 1 2020 estimate population 34 500 Level of service factor 8 deputies per 1000 populationFormula34500x0008276deputies IACP workload formula using 2006 statistics IACP method shows the city needed 19 97 deputies to cover the existing workload in 2006 The current law enforcement services provided by the Sheriffs Office include 12 patroldeputiesand1liaisonsergeantTheestimatedneedsin2020areprojectingthecitywill need 27 deputies to meet the needs of the community To reach the goal of27 deputies in 2020 the city should add 107 deputies per year These recommendations are estimates based on projected population ratios and level of service factors These recommendations are a road map to assist the City with planningandbudgetingintothefutureTheserecommendationsaresubjecttochangebasedon revised population projections and increased level of service factors 15 Crime Classifications There are two main categories of crime classes composing a universal crime classification system established for all crime reporting purposes Part I Crimes Part I offenses are by their nature more serious They include Arson aggravated assault Burglary homicide Robbery Rape theft and Theft of vehicle Part II Crimes Part II offenses are generally less serious in nature and include Abuse neglect Assault Court order violation Disturbing the peace Drug violations Gambling Liquor law violation Misc criminal Property damage Runaway Sex crimes Suspicious activity Theft related Traffic alcohol Traffic other and weapons violations Non Criminal Calls for service These consist of all other calls for service and are normally less serious in nature 16 C fCOo000CLOLO00aaaajigooa0a0 ci a C N a C Lri LO iCNLOcot 0 T ii if 0 0 io A C o 0 o 0 C a fggoLOCOa co 0 taCOooLONttaa cO ci C 0 0LOOOMLOaLOONLOttajrtNCNOoNNIN i 1 Ot OO N I I t LO co a a g coIILOCN I Cl C C ECIIIIIIUC Q CgillEEQQ C C1Il001llccalJ00 0 CLOOCOOOtCN LOcoCttNNCO Ic a 0LO0Ot C tLOO N O O C C COOOOONOCNtNNCO t r c c o 0 l l C o 0 Cl o C C Ill 000 C uo IIl E cC110Ct31Il1ll0S iiC Cc ClIllE C C o0EO wjilZ0QJcuIC C UIUUOIlltClE0ci8cuucEEQg2cujefif10CCJc0enen NO tLON C iii Ei o I 5 III Z 5 iiilcu 0 0 N0 t 0 0 C C U C en J2 a iii iii o 17 J 18 19 20 21 22 23 CHANHASSEN CITY COUNCIL WORK SESSION MAY 14, 2007 Mayor Furlong called the work session to order at 5:00 p.m.. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Ernst, and Councilwoman Tjornhom. Councilman Litsey arrived late. COUNCIL MEMBERS ABSENT: Councilman Peterson PLANNING COMMISSION MEMBERS PRESENT: Jerry McDonald, Kurt Papke, Kevin Dillon, Kathleen Thomas, Debbie Larson, Mark Undestad and Dan Keefe STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Paul Oehme, and Todd Hoffman DISCUSSION OF LODGING TAX, CHANHASEN CHAMBER OF COMMERCE. Linda Walton and Mark Halla from the Chanhassen Chamber of Commerce were present to discuss the lodging tax. Council members decided to move ahead with discussion of the lodging tax during visitor presentations on the next agenda. COMMERCIAL LAND USE STUDY, BARRY WARNER, SRF. Barry Warner and Monique Mackenzie were present to update the Planning Commission and City Council on the Land Use Plan, reviewing terminology and presenting three alternatives to consider. The common theme in all three alternatives was neighborhood commercial. The number one option was a conservative downtown expansion. Number two, expand downtown with growth across Highway 5 and west of Powers Boulevard, southeast and northeast to remain residential, and assuming the Eckankar site will remain the same. Some sort of pedestrian crossing of Highway 5 will be necessary to make this concept successful. The third alternative was option number 2 plus a regional center at Highway 312/Lyman and Powers Boulevard. Barry Warner provided handouts with factors to consider in evaluating all options. The question was brought up, if option 3 occurs, won't development creep between the regional mall and downtown. Barry Warner stated it wouldn't because it doesn't meet the plan and there is existing development. He noted that communities can't control the market but they can control where the market goes in their community. With all three options, residential property owners would not change their current use. Mayor Furlong adjourned the work session at 7:00 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Laurie Hokkanen and Nann Opheim 24 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES MAY 14, 2007 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, and Councilwoman Tjornhom COUNCIL MEMBERS ABSENT: Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Lori Haak, and Todd Hoffman PUBLIC PRESENT: Debbie Lloyd 7302 Laredo Drive Greg Fletcher 7616 South Shore Drive Steve Donen 7341 Frontier Trail Vicki Frazier 610 Bighorn Drive Joe Matchey Progressive Contractors Dorthea Shay 7230 Frontier Trail Boyd Peterson 9860 Pioneer Trail Gaye Guyton 10083 Great Plains Boulevard David Hromatka 7580 Canyon Curve PUBLIC ANNOUNCEMENTS: AWARD PRESENTATIONS: Mayor Furlong presented the Certificate of Appreciation to Marilyn Luthy for her 3 years of service on the Senior Commission. Dotti Shay was presented the Maple Leaf Award for her service on the Environmental Commission since 1998. 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 23, 2007 -City Council Verbatim & Summary Minutes dated April 23, 2007 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated April 17, 2007 -Park and Recreation Commission Verbatim & Summary Minutes dated April 24, 2007 25 City Council Summary - May 14, 2007 b. Accept Donation from the Chanhassen Lions Club for the Senior Center 15th Anniversary Commemorative Calendar. c. Resolution #2007-30: Tanadoona Drive/Dogwood Road Reconstruction Project 06-06: Call Assessment Hearing. d. Market Street Station: Approve Easement Amendment. f. Resolution #2007-31: Approve Purchase of Loader for Street Department. h. Approval of Three Month Extension to Variance #05-10 for 9015 Lake Riley Boulevard, Laura Cooper. i. Approval of Temporary On-Sale Liquor License, Chanhassen Rotary Club, Fourth of July Celebration, July 3 & 4. j. Approve Release 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. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Debbie Lloyd, 7302 Laredo Drive wanted to state on the public record that despite bringing information to the attention of the city staff and council, application of city ordinances to all residents and developers does not exist within the city borders and cited specific examples of where ordinance requirements have not been applied. Boyd Peterson, 9860 Pioneer Circle stated he was also appalled with the clear cutting of mature oak trees in the Preserve at Bluff Creek 2nd Addition development. PUBLIC HEARING: 2007 STREET REHABILITATION PROJECT 07-02: ASSESSMENT HEARING AND AWARD CONTRACT. Councilman Litsey stepped down for this item and recused himself from the discussion and vote. Paul Oehme presented the staff report on this item. Mayor Furlong opened the assessment hearing. Greg Drozdek, 7743 South Shore Drive, speaking on behalf of the 14 townhome units in the South Lake Lotus Townhome Association, felt the assessments are unfair because the appraised value of the houses were not included in the assessment cost, that there's a single point of entry from South Shore Drive to their townhouse community, and the new roads will make their driveway or cul-de-sac look out of place with the rest of the neighborhood which is going to devalue the townhouse values. Steve Donen, 7341 Frontier Trail suggested Laredo Drive needed to be on the list this year for repairs. Staff stated it was on the list for next year. He also suggested that curbs not be used on Hill Street and that perhaps some infiltration opportunities exist there. Vicki Frazier, 610 Bighorn Drive stated she was formally appealing the proposed assessment. Mayor Furlong 2 26 City Council Summary - May 14, 2007 reminded residents it was their last opportunity to file a written appeal before the public hearing was closed. Councilwoman Tjornhom moved, Councilwoman Ernst seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 3 to 0. The public hearing was closed. Councilwoman Ernst asked for clarification on the amounts of the individual assessments and the bidding process for the award of contract. Councilwoman Tjornhom asked staff to review the city's assessment practice for higher density residential. The City Attorney explained how Minnesota State Statute 429 is applied to assessing special assessments. Mayor Furlong asked how the customer service level for the low bidder, GMH Asphalt was during last year's street projects. Paul Oehme stated the budget and contract was completed in it's allotted time. Resolution #2007-32: Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council approve the assessment roll for the 2007 street improvement project #07-02 and adopt a resolution for assessments. All voted in favor and the motion carried unanimously with a vote of 3 to 0. Councilman Litsey recused himself from the vote. Resolution #2007-33: Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council approve the resolution accepting the bid and awarding a contract to GMH Asphalt Corporation in the amount of $428,356.75 for the 2007 Street Rehabilitation Project 07-02. All voted in favor and the motion carried unanimously with a vote of 3 to 0. Councilman Litsey recused himself from the vote. REQUEST FOR ON-SALE 3.2 BEER LIENSE, HALLA GREEN GOLF COURSE, 495 PIONEER TRAIL. Laurie Hokkanen presented the staff report on this item. Mayor Furlong opened the public hearing. Boyd Peterson, 9860 Pioneer Circle did not support the sale of alcohol at the golf course because of it's location in a residential area. He requested that if the license is approved, a clause be included which states lights will never be installed on the driving range or that the hours of operation will not be extended. Mayor Furlong closed the public hearing. After council discussion the following motion was made. Councilwoman Tjornhom moved, Councilman Litsey seconded 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. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST FOR ON-SALE INTOXICATING LIQUOR LICENSE, HIGH TIMBERS LOUNGE, 591 WEST 78TH STREET, HIGH TIMBERS LOUNGE, LLC. Laurie Hokkanen presented the staff report on this item. Mayor Furlong opened the public hearing. No one spoke and the public hearing was closed. Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approve the request for an on-sale intoxicating liquor license from High Timber Lounge, LLC 3 27 City Council Summary - May 14, 2007 contingent upon receipt of the license fee and liquor liability insurance that meets minimum state requirements. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 1(e). THE PRESERVE AT BLUFF CREEK 2ND ADDITION: 1) FINAL PLAT APPROVAL. 2) APPROVAL OF PLANS & SPECIFICATIONS AND DEVELOPMENT CONTRACT. Debbie Lloyd, 7302 Laredo Drive asked that this item be pulled off the consent agenda because of her concern with the setbacks along Bluff Creek Boulevard, questions dealing with the development contract, grading and tree loss. Mary Born, 7199 Frontier Trail asked for clarification on whether or not the contractor had permits to perform the grading work. Rick Dorsey, 1551 Lyman Boulevard expressed concern with grading which is changing the grading plan and forcing the placement of a retaining wall that hasn't been approved yet. He asked that the item be tabled so he has time to review the issue. Matt Dusett with Ryland Homes addressed the issue of the retaining wall and timing for grading if the item is tabled for 2 weeks. After council discussion the following motion was made. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve the final plat for The Preserve at Bluff Creek 2nd Addition, plans and specifications and the development contract subject to the applicant, city staff and Mr. Dorsey working out a satisfactory resolution to the grading and retaining wall issues in Phase III. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 1(g). APPROVAL OF AMENDMENT TO CITY CODE REGARDING WETLAND BUFFERS AND SETBACKS. Councilman Litsey pulled this item from the consent agenda to review the process taken by the Planning Commission and City Council regarding wetland buffers and setbacks and the proposed changes by Councilman Peterson. He noted his disagreement with the changes and encouraged the other council members to vote with what the staff and Planning Commission have recommended. Steve Donen, 7341 Frontier Trail agreed with Councilman Litsey and stated that the public had not seen the changes currently being proposed when the public hearing was held in December, 2006. He suggested that the item be brought back to the Planning Commission for a public hearing. Mary Burn, 7199 Frontier Trail agreed with Councilman Litsey and Mr. Donen when they said it would be needlessly compromising the city's standards by approving the proposed changes to the setbacks. Lori Haak compared the current wetland classifications, buffer and setback requirements to the proposed changes. Councilman Litsey reiterated his desire to approve staff's original recommendations. Mayor Furlong and Councilwoman Tjornhom explained that by approving what was being proposed today, the city was not compromising the environment. Steve Donen, speaking again on behalf of the 125 members of the Lotus Lake Clean Water Organization, asked that the council either keep the minimum of 25 feet in the Manage 1, 2 and 3 areas, or to adopt the 30/25/20, which is what staff originally recommended. After comments by council, the following motions were made. 4 28 City Council Summary - May 14, 2007 Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve 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. All voted in favor, except Councilman Litsey who opposed, and the motion carried with a vote of 3 to 1. Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve the summary ordinances for publication purposes 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. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Mayor Furlong thanked city staff members and employees of General Mills and their families for helping with the planting project at Lake Ann Park. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt thanked Mayor Furlong for providing a "State of the City" update to the Chamber of Commerce at Breakfast with the Chamber. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman Litsey seconded to adjourn the City Council meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 9:30 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 5 29 CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 14, 2007 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, and Councilwoman Tjornhom COUNCIL MEMBERS ABSENT: Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Lori Haak, and Todd Hoffman PUBLIC PRESENT: Debbie Lloyd 7302 Laredo Drive Greg Fletcher 7616 South Shore Drive Steve Donen 7341 Frontier Trail Vicki Frazier 610 Bighorn Drive Joe Matchey Progressive Contractors Dorthea Shay 7230 Frontier Trail Boyd Peterson 9860 Pioneer Trail Gaye Guyton 10083 Great Plains Boulevard David Hromatka 7580 Canyon Curve PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and welcome to everybody here in the council chambers and those joining us at home. We're glad that you joined us this evening. As we get started I guess the first question I would ask the members of the council, if there's any modifications or additions to the agenda for this evening. If not, without objection we'll proceed with the agenda as distributed. We'd like to start with a couple award presentations so I'm going to go down in the front. We'll take care of those right now. AWARD PRESENTATIONS: Mayor Furlong: We're here today to present Marilyn Luthy with a Certificate of Appreciation. Marilyn has been a member of the Senior Commission for the last 3 years and during that time the commission's placed an emphasis in getting the word out about programs and educational opportunities for seniors in our city. Marilyn was very involved in the informational open houses and senior picnics. Additionally she spends many hours assisting the Senior Center Coordinator on the day to day activities that occur within the center. She's always there willing to help other people. Escort groups and tours and assist with set-up's for events at the senior 30 City Council Meeting - May 14, 2007 center. Marilyn we certainly appreciate your service on the Senior Commission and thank you very much and I'm pleased to present you with this certificate. Marilyn Luthy: Thank you very much and I probably will continue to work… Mayor Furlong: Thank you. Thank you very much. We're here tonight as well to present Dotti Shay with a Maple Leaf Award. Dotti was appointed to the Environmental Commission April of 1998. From 1999 until 2002 Dotti served as Chair of the commission. A list of accomplishments with the commission is long and comprehensive. She was involved in the large environmental book purchase for the Chanhassen Library, promoting environmental presentations by the Climb Theater to the local elementary schools. Implementing new residential packets and information for new residents coming to the area. Promoting composting and renewable energy programs. Producing multiple public education pieces for distribution to our residents and with the Chanhassen Villager, and printing and selling of reusable shopping Bags. And also involved with the commission's 4th of July float. She has helped with the Arbor Day Poster contest and the Environmental Excellence Award programs over the years. Dotti on behalf of the City Council and all of the public, I want to say thank you for your service on our Environmental Commission over the last many years. Dotti Shay: Thank you. Mayor Furlong: You're very welcome. Thank you. 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 23, 2007 -City Council Verbatim & Summary Minutes dated April 23, 2007 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated April 17, 2007 -Park and Recreation Commission Verbatim & Summary Minutes dated April 24, 2007 b. Accept Donation from the Chanhassen Lions Club for the Senior Center 15th Anniversary Commemorative Calendar. c. Resolution #2007-30: Tanadoona Drive/Dogwood Road Reconstruction Project 06-06: Call Assessment Hearing. d. Market Street Station: Approve Easement Amendment. f. Resolution #2007-31: Approve Purchase of Loader for Street Department. 2 31 City Council Meeting - May 14, 2007 h. Approval of Three Month Extension to Variance #05-10 for 9015 Lake Riley Boulevard, Laura Cooper. i. Approval of Temporary On-Sale Liquor License, Chanhassen Rotary Club, Fourth of July Celebration, July 3 & 4. j. Approve Release 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. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Debbie Lloyd: Good evening. Debbie Lloyd, 7302 Laredo Drive. I'm going to keep this short but I need to say this now to make it a matter of public record. As you are aware for over 6 years I've watched what's happening with developments within Chanhassen. After shoreland code wasn't properly applied in a subdivision within my neighborhood. It's sad to say that despite bringing information to the attention of the city staff and council that their application of city ordinance to all residents and developers doesn't exist within our borders. It does appear that certain developers are set to higher standards than others. It is the ordinance, it is the city code which puts each one of us on a level playing ground, and I didn't plan that. Thank you. Tonight you have before you the final plat for 2nd phase of the Preserve for approval. As you are aware I did raise questions about this development in an email correspondence. Mayor Furlong: Excuse me Ms. Lloyd. Is this the reason why you pulled that item from the consent agenda? Debbie Lloyd: No. Not in and of itself solely. This relates to something else as well. Mayor Furlong: Alright. Debbie Lloyd: Condition 13 for Addition 1 of the Preserve specifically mentions the construction of Bluff Creek Boulevard improvements to serve the development, and that the development is assessed for this project, but there's no mention of setback. The ordinance requires 50 feet. The setback of 3 homes from Bluff Creek Boulevard is less than what ordinance requires along a collector street and less than what was required of Town & Country, also a PUD established along the very same collector street. When the Preserve was approved the developer claimed no variances were required. The only mention of any setback condition in the report was a 40 foot setback for the primary corridor. That is the Bluff Creek corridor. The exception for the street setback was not stated again. Therefore implied that they were meeting all city standards. The Preserve is a multi-phased development and as such may have violated 3 32 City Council Meeting - May 14, 2007 other terms of their development contract. Specifically the cutting of mature oaks within the secondary zone of Bluff Creek in Phase II before it was approved. That's on the agenda tonight. The purpose of the PUD was to be sensitive to this surrounding area. Is this sensitive? The clear cutting of mature oaks prior to the approval of the final plat for the phase? What corrective actions will you take regarding the cutting of the trees? I suggest you postpone approval of the final plat for the Preserve tonight. I have pictures of the destruction in case no one has seen what went on there. In another development, Abra. Anyone drives down Highway 5 you can see that Abra is not set back as much as other locations. Again, in the staff report not one mention of the setback required from the right-of-way. I've checked with the State of Minnesota. I have the right-of-way here. There's a 200 foot right-of-way for that highway in that portion of the city. They're set back 50 feet from the pavement. MnDot says that the right-of-way extends beyond the pavement. Those are issues I brought in email. I wish I would have time to, had time to send formal letters so it would have been in your packet. This is not something I enjoy doing, but something that needs to be addressed. I'm sure there's other situations out there. If council or staff can't give honest answers to this, maybe we need citizens who are going to look at this stuff and get a consensus as to what is important and needs to be remedied. Thank you for your time. Mayor Furlong: Anybody else who would like to address the council during visitor presentations. Again, if it's a matter relating to a public hearing later, this would not be the time to come up. Boyd Peterson: Good evening. Yeah, Boyd Peterson. 9860 Pioneer Circle. I'm here for some other issues but the one this gal's talking about is pretty much right on the nose. It's appalling what this city is going to let them people do in cutting them mature oak trees. Now we're supposed to be a city of trees and we all know what drives development and it's money. And I just hope to hell that they weren't supposed to do this and the city does something about it. Whether fine them or put a big delay on them because money's driving this deal and they're just driving this whole situation and they do what they want. There's no such thing as the easements or setback. But the tree issue, that's ridiculous. It's the first I've ever heard of it but I was appalled when I seen it. Mayor Furlong: And we will be addressing that issue when we pick up item 1(e) apparently. Later on this evening. Anyone else for visitor presentations this evening. Alright, thank you. PUBLIC HEARING: 2007 STREET REHABILITATION PROJECT 07-02: ASSESSMENT HEARING AND AWARD CONTRACT. (Councilman Litsey stepped down for this item and recused himself from the discussion and vote.) Mayor Furlong: We'll move now to our first public hearing for the evening. This is relating to item number 2 on our agenda relating to the 2007 Street Rehabilitation Project 07-02. We'll start with a report from staff and open up a public hearing as well and then consider other items. Councilman Litsey? 4 33 City Council Meeting - May 14, 2007 Councilman Litsey: Yeah before we start I'd like to separate myself from that discussion and the vote since I am a property owner in that area so if that would be okay, I'll just step down and listen. Mayor Furlong: That's fine, thank you. Staff report please. Paul Oehme: Thank you Mayor, City Council members. Annually the city considers street improvements to keep the streets well maintained in our city. Streets in this year's project are to the point where minor maintenance such as sealcoats and other minor improvements can no longer cost effectively be implemented. Streets proposed for rehabilitation were identified using the city's pavement management program, and also staff has visually inspected each of these streets. The project is a rehabilitation of 11 streets within our community. They are in no particular order. Pleasant View Cove, which is just off of Pleasant View Road. Preakness Lane. Pimlico Lane which is off of Kerber Boulevard. Canterbury Circle, Bighorn Drive, Belmont Lane, Bighorn Drive and Shadowmere Terrace. And then also another neighborhood recommended for rehabilitation of the streets is South Shore Court area, including Hill Street and South Shore Drive. The rehabilitation generally includes milling of approximately 2 inches of pavement surface and re-paving the entire roadway with the new surface. Also included in the rehabilitation are replacement of severely damaged pavement areas. These areas would be totally reconstructed. Replacement or damaged or severely settled curb and gutter. Drain tile and storm sewer improvements are also proposed in the South Shore Drive, South Shore Court area. Specifically by the townhomes. Sanitary sewer manhole adjustments are also included in the project to reduce the amount of inflow. Surface water draining to our sanitary sewer system. And then also we are proposing to place new curb and gutter along Hill Street in the South Shore Court area. Todd Gerhardt: Just want to interrupt you for one second. Can you pull the mic up under the podium so everybody can hear you a little better. Paul Oehme: Absolutely. I'll try to talk a little bit louder. Mayor Furlong: You can bend down a little bit if you like. Paul Oehme: Alright. The project, we have had several neighborhood meetings. The first one with the residents was on November 6th of last year. We have had a public hearing for the project which was in January 22nd this year, and we also recently had another neighborhood meeting in May when we knew what the final assessment amounts were. For tonight's assessment hearing, 169 notices have been sent out. Any issues that the City Council wishes to discuss regarding the project, the financing, is appropriate during the public hearing or anytime. Public testimony should be received for the project. The property owners should be reminded they must file a written objection with the city either prior to or during the public hearing. Objections after the public hearing are invalid. At this time staff has not received any written notice of assessment appeals. The assessment amounts are proposed using the city assessment practice of assessing 40% of the street improvements back to the benefiting properties. The assessment practices are basically based on the benefit to the properties and are a per unit basis. For example say front footage or appraised value of a particular property is not considered into 5 34 City Council Meeting - May 14, 2007 the consideration for the assessment amount. The assessments were broken up into neighborhoods and project areas. The Derby Drive, Pleasant View area. The proposed assessment amount for that area is $1,290.06. Bighorn Drive area is $1,141.59. South Shore Drive, South Shore Court is proposed at $1,221.61. And then the Hill Street area is broken out separately because they were receiving a benefit for the new curb and their proposed assessment is $1,590.27. And the assessments were proposed at 8 years at 6% interest. The project costs, total project cost right now is at $546,908.37 and you can see the break out. The amount of the total assessment proposed is $212,612.30. At this time I stand for questions and just request that a public hearing be open. Or assessment hearing. Mayor Furlong: Thank you. Any questions for staff at this point? Okay. Then let's move on. We'll open up the public hearing on this matter and invite interested parties to come forward and address the council, or ask questions for staff to respond to. Greg Drozdek: Hi. My name is Greg Drozdek. I live at 7743 South Shore Drive. The area affected would be, so there's a South Shore Drive. South Shore Court area and the area in question would be right here. This is south on South Lake Lotus Townhome Associations and the gentleman had mentioned that appraised value of the houses was not included in the assessment cost. But I feel that that is unfair to the residents of our South Lake Lotus Townhome Association area. If anybody's ever been in that area, you can see that most of the houses around there are probably you know $400,000 to a million dollar houses. We have our $200,000 townhouses with basically one entrance from South Shore Drive into our area. So I'm basically here to speak on behalf of the 14 units within my townhome association. I agree that the project does need to happen. You know the roads are getting pretty beat up. I just feel like the assessment that we're being offered is not in conjunction with the assessment that's being placed upon the other properties in the area. Again, appraisal value is not included within this but I just want to be on record to state that moving forward, that fiscal liabilities within our area is different from the area around us. I had a conversation with Tom Workman, a colleague of your's just recently. He's a neighbor right behind me and he was rather amazed that I was, that he's getting the same assessment amount as the people within the units of our townhouse. He was going to stop by here and I had asked him if it's okay if I brought his comment up to the council. Basically I'll read what I had written down here. Makes it easier. My objection is to the amount being assessed to the residents of South Lotus Villas. I agree that this project needs to happen but do not feel that the lots in South Lotus Villas should pay the same amount as other beneficiaries of the project. The purpose of this report is to outline why I feel this assessment is unfair to the townhouse residents of the South Lake Lotus neighborhood. My objection here is not to try to sideline the project. I believe it needs to happen, but I feel consideration should be made to the residents of South Lotus Villas considering the demographic and financial viability of the area surrounding us. Another point of consideration is direct benefit. Most of the homes affected by this project get a direct curbside benefit while South Lotus Villas does not. The driveway at South Lotus Villas also requires the same type of repair as the rest of the surrounding streets. This project will only prove to devalue our property and perhaps the property surrounding us by creating a lack of neighborhood synergy. What I mean by that is, basically if you see this map here. Look at it again there. This one gives you a little bit better. So here's the area in question. South Lotus. Here's South Shore Court. And then basically these roads here, kind of like Hill Street. I had asked about that and they're getting a higher 6 35 City Council Meeting - May 14, 2007 assessment due to you know, not meeting the city standards of 20 foot roads and the 50 foot setback so I completely understand that. But we only have this one little entryway and technically if you could do a U turn here, we'd only have to use about a block of that road. And I feel that if anything having our area looking different than the rest of the neighborhood is not going to be beneficial to anybody. It's kind of like having a car in somebody's front yard with no tires on it. You know what does that do for the rest of the value of the neighborhood, so that's where my appeal comes in. Some of the facts I mentioned. There's 14 units in the South Lotus Villas, so we have 14 areas of tax paying citizens. You know we're all upstanding members of the community, although not as affluent as some of the others directly surrounding us. There's a single point of entry from South Shore Drive to our townhouse community. The houses around the neighborhood are you know $400,000 to a million dollar houses for the most part. New roads will make our driveway or cul-de-sac look out of place for the rest of the neighborhood. And I heard from one of the city engineers that the assessment can only be made if there's an increase in home value that offsets the assessment amount. I don't know how true that statement was but that's what I heard. And I feel that if anything this is going to degrade the value of our property and possibly the property around us. I've also attached an estimate from Gary Harms because I know being that it is a private drive, I'm not expecting the city to fix our driveway, but I got an estimate from him as to how much it would cost to bring it up to par with the rest of the neighborhood, and it's a rather large amount. He said if he came out at the same time as doing it, as doing the rest of the project, it would be around $28,760. which amongst 14 units around $2,000 some a piece. Amount assessed and really to tell you the truth, most people in my townhouse community probably can't afford that kind of money. We had a roof project not too long ago. It was kind of tough to come up with those funds. Then I also attached the aerial view of the affected area as well as the aerial view with the townhouses in question and the roads visible. So basically I'm not really expecting to win this battle. I'm just coming here to be on record stating that in future assessments, or possibly if there's anything we can do with this assessment, considering the valuation of our property, the direct benefit, if there's anything we can do for this assessment it'd be wonderful to try to offset the cost because we'd like to be able to do our own driveway on our own. And if there's nothing we can do at this time, I would just like to be on record as far as any future assessments to maybe take the valuation of the property within the neighborhood into consideration. What I'd actually see as being the most fair way to do it would be maybe our buildings be assessed as a single unit as opposed to each individual unit in the townhouse complex. Mayor Furlong: Okay, good. Thank you. Mr. Oehme, any comments? Maybe just discuss a little bit the assessment practice how, and you could have done to your staff report but how the different assessments come up. Based upon the city's historical practice for these types of projects. How we've ended up where we are and other ones that we've looked at and why we haven't pursued those historically. Paul Oehme: Sure, yeah. We have to follow what state statute, Minnesota Statute 429 and the statute does not allow us to look at property values, as I understand it, as being a component in deciding what the assessed value will be. Our practice here is to try to do it as fair as we can. There's no assessment practice out there that is perfect. Some cities do it per front footage. Others do it, you know several, there are other different ways. This is the practice that we settled on that we had felt allows for the most consistency and the, a good fair practice to implement for 7 36 City Council Meeting - May 14, 2007 properties. When you look at a townhome situation like we have here in South Shore Court, yeah there is a private street adjacent to that abuts the road, but you know staff feels that there is a definite benefit for those property owners to, to their value, to have a nice, new, newer street that they can access and based upon what we've seen in the past, there is a market value that, or benefit, direct benefit to those property owners. The gentleman just stood up and he had received a quote from the contractor that potentially will be doing this project and a range of $28,000. Now if you break that up between 14 units, about $3,000 a piece. That's about a new driveway for a single family residential property owner, or there about's. I mean we consider private driveways more or less an extension of people's private driveways so, I mean no matter if you live in a single family unit or a townhouse, you still have to pay for the private access to your property so I think there is some consistency there between what we're doing with the townhouses and single family units. Mayor Furlong: Alright, thank you. Any other comments regarding this particular assessment? Steve Donen: Steve Donen, 7341 Frontier Trail. I'm not in the South Shore area so I don't have any comments about that but I had an opportunity here to say something about, when you're talking about roads you're looking at for the year. Laredo Drive is like my car is going to fail prematurely because of Laredo Drive. I don't know how that one doesn't end up on the list this year. Todd Gerhardt: Next year. Paul Oehme: It's on next year. Steve Donen: Okay good, thank you. Now I have another comment, and this is more from a future designs of cities and discussions around water infiltration and stuff, and I'd like to see us, the idea of putting curbs on Hill Street will only direct the water into some drain and into Lotus Lake, versus today as you know, it kind of goes into the yards and into their, into that large area down below and it gets infiltrated before it hits the lake. I would like to suggest that maybe the curb, other ways are not used on Hill Street and that maybe some infiltration opportunities exist there or a better design versus just putting curbs and sewers in. Mayor Furlong: Okay. Mr. Oehme, with regard to the proposed changes to Hill Street with regards to storm water management in particular, what is included in the plan? Paul Oehme: We are, I think we are replacing a catch basin that's currently there. We are directing the storm water into those catch basins. We do, there is limited resources for any infiltration or ponding out in this area, but we have had comments from the property owners out on Hill Street that you know we need to do something different with their access and drainage out there because it is a fairly flat road. So we're trying to address the drainage particularly off the properties under this situation. Mayor Furlong: Did we look at anything with regard to improving, either reducing rate or improving quality off that stretch? What options might be available. 8 37 City Council Meeting - May 14, 2007 Paul Oehme: No. I mean the only option that we potentially would have is included in an environmental manhole at this time or maybe a sump manhole. There is really no right-of-way or easements that we can, that I'm aware of, that we can create our normal storm water pond for rate and… (There was a tape change at this point in the discussion.) Mayor Furlong: And I know, I'm going to say this, if we do something with regard to increasing storm water management opportunities, that does not affect the assessments at all, is that correct understanding? Paul Oehme: That's correct. Mayor Furlong: So this would be covered out of city funds available for storm water management. Ms. Haak, any comments or additional thoughts? Lori Haak: I would say that Hill Street is fairly tight with respect to the roadway and you know the other improvements that the city is doing in there, so I would say that in order to do something as Mr. Donen suggested would be very difficult. Very difficult and without additional, probably without additional right-of-way, and I haven't seen exactly how much right- of-way we have there but I believe without additional right-of-way it would be impossible so. Paul Oehme: There is no additional right-of-way out there. We actually had a, get an easement from a property owner to encroach on their property just for construction purposes at this time so in terms of any other water quality improvements, to try to put in their existing right-of-way, there is no opportunities out there. Mayor Furlong: In terms of ponding or something. Paul Oehme: Right. Exactly. Todd Gerhardt: Mayor, council members. Probably the only thing that we probably could do there is to work with the existing neighbors to do some lakescaping or rain gardens on private properties, that they would have to take responsibility for or give us an easement over. Based on the soil types that we have in Chanhassen, we haven't had a lot of success or haven't seen a lot of rain gardens that would work in scenarios like this so the best approach would be to try to work with property owners to either put some lakescaping in or some other type of filtration prior to going into the lake. But that would mean for private property owners to give up their back yards to some extent. Mayor Furlong: Alright, thank you. Okay, any other comments or comments as part of the public hearing. Vicki Frazier: Vicki Frazier, 610 Bighorn Drive. I'm just formally appealing the proposed assessment. I don't think we should pay for it at all. We have one of the highest tax rates in the 9 38 City Council Meeting - May 14, 2007 whole Twin Cities and I don't think anybody should have to pay for the taxes we pay. So I'm just formally appealing. Mayor Furlong: Okay, thank you. Vicki Frazier: Do I need to turn this in? Todd Gerhardt: I'll take it. Vicki Frazier: Okay. Todd Gerhardt: Thank you. Mayor Furlong: Okay, anyone else? Is it continuation or new information? Okay, quickly. Greg Drozdek: First of all, as you know, you guys are aware, I'm in charge of, or one of Lotus Lake Clean Water Organization and I think that we might be able to work together with the property owners and maybe help the situation out so we should do that and I'll be glad to grab, get that group together and see if there's any ideas we can do, so that's a great suggestion. And then secondly, there is a house for sale that would be a great pond. Mayor Furlong: It's not your's is it? Thank you. Anyone else wishing to comment as part of the public hearing here? And again as a reminder, anyone that would receive, or is proposed to receive an assessment, we need to have your written objection in before the public hearing is closed, so this would be the last call for that. Anybody else wishing to make public comment on this item? Okay seeing none, is there a motion to close the public hearing? Councilwoman Tjornhom moved, Councilwoman Ernst seconded to close the public hearing. All voted in favor and the motion carried unanimously with a vote of 3 to 0. The public hearing was closed. Mayor Furlong: Okay the public hearing is closed. I guess at this point any follow up comments or questions from the council to staff on any items raised or the scope of the project or any other things? Councilwoman Ernst: Just a quick question for Mr. Oehme. I think you had some quote up there for the assessment and I don't recall what those were, and I didn't recall seeing them in my packet. I'm sure they were in there but I didn't see them. Paul Oehme: The proposed assessment amounts? Councilwoman Ernst: Yeah. Paul Oehme: They're right here. These. 10 39 City Council Meeting - May 14, 2007 Councilwoman Ernst: So this, but did we go out for a bid on these? Did we receive other bids so that we had a comparison? Paul Oehme: Absolutely. Councilwoman Ernst: Okay. Paul Oehme: This is the assessment amounts are based on the lowest responsible bidder and that's the next item on your agenda. Councilwoman Ernst: How many bids did we get on? Paul Oehme: We had 8 bids from the receipt. Councilwoman Tjornhom: Paul, real quick, would you go over again just about the assessments for, or our procedure for assessments for townhouses and the higher density units in a residential neighborhood. Paul Oehme: Sure. We do have an assessment practice. It's not a policy that we follow but we, the practice states that we assess based on unit basis so everybody's assessed at the same rate no matter what, I mean if they access off the road that's proposed to be improved upon. It's not based upon traffic. Councilwoman Tjornhom: Or lots. Paul Oehme: Yeah, or property values or how big your lot size is. It's just based upon if you're using the street, you're proposed to be assessed for the improvements. Just for the streets section. Councilwoman Ernst: And you said that there was a statute that really dictated our practices on this? What was that? Paul Oehme: We follow the Minnesota State Statute 429. Our City Attorney can go into more detail if he likes. Roger Knutson: As much detail as you want but. Your real estate taxes as you know are based on valuation. It's your classification set by the city, by the state and then it's your valuation and your levy and you turn it together and that's what comes out. Special assessments under Chapter 429 cannot be based on the valuation of the parcels. It isn't like your real estate taxes. It's based on benefit and nothing else. So in this case, the finding is by staff in your recommendation is to find that these properties have been benefited to the extent of the assessment. Now if you consider that whether you're in an expensive home or a not so expensive home, the trip generation and the wear and tear on your use of the street is about the same. Typical single family home would generate about 10 trips a day, and that's true whether it's a million dollar home or a $200,000 home. So that's the basis for it. Councilwoman Tjornhom: How do we assess apartment buildings? 11 40 City Council Meeting - May 14, 2007 Paul Oehme: I don't think we ever assessed an apartment building in the city before. We'd have to look into that. I don't, that's not part of our assessment description at all right now so. Greg Drozdek: A question though. As far as our townhomes are concerned, most of those places are single people, maybe 1 or 2 people…whereas some of the larger houses around the area can have 2, 3 kids that drive cars. They've got boats and trailers on there. You know so as far as the traffic generation, that's my objection… Roger Knutson: Mayor, members of the council. There is a, I don't know what the correct term is. The treatise published by the Engineer's Council on average trip generation by land use type and some you say the average trip generated by, trips generated by a single family home are 10. 10 point something. It doesn't mean that it necessarily applies to you. You may have more or less. You may be in a big home and have a retired couple who rarely leaves the home you know. We can't go into that level of detail so we use averages. Mayor Furlong: The foundational principle under 429 though is that the amount assessed cannot exceed the value of the benefit received. Is that correct? Roger Knutson: That's correct. You cannot assess more than the increase in the value caused by the improvement. Mayor Furlong: Okay. Any other questions at this point for staff? Do we want to at this point move on and handle both of the, question for council here. Should we go on, this is the first of two parts of this. Should we go on and get the information with regard to the bid and consider the engineer estimates. So why don't we go ahead with item (b) on the agenda. 2(b) for consideration of awarding the contract. Paul Oehme: Thank you Mayor. Bids were received on, for this project, on March 30th at 10:00 and we did receive 8 bids. The lowest responsible bidder was GMH Asphalt Construction with the bid amount of $428,356.75. The bid was substantially lower actually than the feasibility study that was produced by our consultant. At the time of the feasibility study it was anticipated that oil and fuel costs would be significantly higher than they were in 2006. That did not turn out to be. That also, they are significantly higher but we have received comments back from the contractor that there's limited work out there, just based upon the housing market at this time so we did receive several more bids than we had anticipated. GMH Asphalt Construction was the contractor for last year's project, if you recall the Lake Susan Drive project, and Chanhassen Hills street. Lake Ann Park project and their work has been satisfactory and… Mayor Furlong: Thank you. Any questions for staff? And on the project last year, how was their customer service level or their quickness to respond when issues were raised? Paul Oehme: Yeah we did not have that big of an issue with them. They were very responsive when they were told they had to clean up an area or get better access to a property owner. They were fairly responsive to those issues. They did come out on Saturday I remember one time about some drainage issues. Trying to get to get access to a driveway so they were fine. 12 41 City Council Meeting - May 14, 2007 Mayor Furlong: Were they timely in terms of keeping to the schedule? Paul Oehme: Yep. We did stay within the scope of the project last year. The budget and the contract was completed in it's allotted time. Mayor Furlong: Alright. Thank you. Any questions? Other questions for staff. Why don't we go ahead then and proceed with comments or thoughts by members of the council on both items presented before us here. One is consideration of adopting the assessment roll for the various projects and 2, awarding the contract. Councilwoman Tjornhom, your thoughts. Councilwoman Tjornhom: Well I think there's two seasons, like I said before. There's winter and road construction and assessment hearings I guess is the third season. No one likes it but it all comes to us at some point when we live in Chanhassen I too will someday be getting my assessment for my street and so while it's not the most pleasant part of the job, I think we got some good bids and I think it's a worthwhile thing to be doing in our town and so I say let's move forward. Mayor Furlong: Okay, thank you. Councilwoman Ernst. Councilwoman Ernst: Well I think actually having 8 bids is a pretty competitive process to go through and I'm glad to see that we had as many bidders as we did on this project and also to know that we, that all houses, no matter what the cost is and what the value is of the house, is all included in the assessment as all being the same because everyone uses the street. So I'm glad to see that we did our homework on this and I would recommend that we move forward with it. Mayor Furlong: Okay, thank you. I, with regard to the awarding the contract, certainly going to be comfortable doing that given the number of bids and the values received. We are gaining some benefit from, in this case, from the low housing market. Slow housing market, and once in a while it's nice to be on the benefiting side of market trends. With regard to the assessments, and this is always an issue as was mentioned earlier. We have over the years, my understanding, involvement even prior to being on the council is looked at and have continued to do it over the last few years, looked at all the different options on how assessments could occur. To the extent that the assessment is limited to an amount less than or equal to value received, how can we best do that? We've looked at front footage. We looked at acreage. We've looked at number of driveways. I don't think we've looked at occupants, but I mean you can get down to a lot of different ways but the bottom line is, is there a benefit being received? With regard to property taxes covering it, which was also raised earlier this evening, that has been raised as well. The assessment policy has property taxes covering 60% of the road, street costs and the assessment is only 40%. So the property taxes are actually picking up over 50% of the street project. Now to the extent that there is storm water issues or utility issues, and here there may be some minor ones because of the nature of the project, those are also picked up through various funds that the city has so the assessments are really only limited essentially, and maybe corrected here but my limited understanding it's what you see. The curbs. The asphalt. That part that adds value. To the extent that while the statute obviously doesn't, from what we've heard tonight, doesn't allow us to assess based on property values, and for reasons stated I think that's reasonable. The other 13 42 City Council Meeting - May 14, 2007 philosophical argument is that, if benefit is being received from the property, then should all property taxers pay for that benefit to that private property owner, and I think most would say no. That if there's benefit being received by the private property owner, the property owner should cover that cost. My sense is, and this has been a number of times that we've been through it and to Councilwoman Tjornhom's point, it seems like we go through these on a regular basis. But each and every time we come back to saying is what we're doing fair and reasonable? Is it balanced? Is it fair to all? And my sense is it continues to be fair given the circumstances of what we see. The allocation seems to be fair. The dollar amounts, going back to that, recalling what some of the assessments were in prior years on a per house basis, is even less so we're actually seeing lower assessments this time around than, in dollar amounts than we saw a number of years ago even with the changes in petroleum prices so clearly we're benefiting from that. The city's benefiting from our portion and so this is the right time to do these streets in terms of the market cost for doing that. I'm comfortable going forward with what's been proposed and recommended by staff. It's always good to have these challenges. I enjoy it because you know are we doing the right thing. Are there other things we should be considering and time again we come right back to what we're doing seems to be fair and as fair as we can get given the public process and given the issue and matter before us so. I'm comfortable going forward and at this time, unless there are other comments, would someone like to make, we have two motions in the packet. Motions 2(a) and 2(b). If someone would like to make those motions. Or if there's additional comments by members of the council. Todd Gerhardt: Mayor, you can make it as one motion. Mayor Furlong: Thank you. Councilwoman Tjornhom: Can we wrap it up as one? Okay. I make the motion that we approve the assessment roll for 2007 street improvement projects and that we accept the bid. That we accept and awarding bid to a contract holder of GMH Asphalt Corporation in the amount of $428,356.75. Mayor Furlong: Adopt the resolution. Councilwoman Tjornhom: Adopt the resolution, yes for the 2007 street rehabilitation project. That was too big of a number. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Greg Drozdek: …before you vote? Mayor Furlong: Not at this time sir, I'm sorry. Thank you though. Any other discussion on this? 14 43 City Council Meeting - May 14, 2007 Resolution #2007-32: Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council approve the assessment roll for the 2007 street improvement project #07-02 and adopt a resolution for assessments. All voted in favor and the motion carried unanimously with a vote of 3 to 0. Councilman Litsey recused himself from the vote. Resolution #2007-33: Councilwoman Tjornhom moved, Councilwoman Ernst seconded that the City Council approve the resolution accepting the bid and awarding a contract to GMH Asphalt Corporation in the amount of $428,356.75 for the 2007 Street Rehabilitation Project 07-02. All voted in favor and the motion carried unanimously with a vote of 3 to 0. Councilman Litsey recused himself from the vote. REQUEST FOR ON-SALE 3.2 BEER LICENSE, HALLA GREEN GOLF COURSE, 495 PIONEER TRAIL. Laurie Hokkanen: The item before you is a request for a 3.2 beer license. The applicant is the Halla Greens Golf Course located at 495 Pioneer Trail, as the mayor said. Law enforcement did conduct the required background investigation and found nothing that would prohibit the issuance of this license. It was also reviewed by the city attorney and so we do, staff recommends approval. You are required to hold a public hearing before considering approval of the selected items. Mayor Furlong: Thank you. Any questions for staff? Seeing none, we'll proceed with opening of the public hearing at this point and invite all interested parties to come forward and address the council on this matter. Boyd Peterson: Yeah, this is Boyd Peterson, 9860 Pioneer Circle. My property adjoins the second fairway of this golf course and personally I've got a good working relationship with the golf course…but when I first was kind of concerned about it, the bottom line is there's been two individuals that have urinated back behind my pole barn and one was a young kid and one was a middle aged guy. I have no problem with that you know if that's going to happen but the deal I got is, you know we're in a residential area and it seems like every time you sell alcohol, everybody wants to sell alcohol. Okay. We've got to generate more money by alcohol. We've got a sport and there's a lot of kids that golf there, this and that, but there's alcohol okay. I don't know when the golfers drink, hopefully when they're done and they go somewhere else. But just as I told my daughter, she said dad, you know there's all these DWI laws. There's this. There's that but everywhere you go they sell you alcohol and then you've got to drive somewhere to go home or whatever, so my biggest deal is what is society doing? It's just our biggest problem seems to be alcohol but yet every place wants to sell it. And you know if this passes, which we all know it will because the neighbor sells it. That neighbor sells it so why can't I sell it? And that's just how it's going to be. It's fairly obviously so there's ain't no stopping that but if there's alcohol selling permit is…for them golf course, let's just put a little clause in it because the next step is, let's be open longer so we can sell more into the night. I want to, I'd like to see something on the clause if this gets passed, which it probably will, that there never, ever will be lights put up on the driving range as long as this is allowed. Period. And sign here. Because that's just the next step is going to be 24 hours a day over there and. 15 44 City Council Meeting - May 14, 2007 Mayor Furlong: And with regard to hours of operations. Boyd Peterson: Yeah that'd be, when are they going to be able to sell the beer you know? What's the access to the kids that are going to be there all the time? There's stuff always going on there. Mayor Furlong: Okay. Let's get some responses to those questions because I'm sure others may have the similar question. Kate Aanenson: There is restrictions on the hours of operation for the golf course itself so I guess I'd ask for the city attorney's opinion on as far as if the golf course is operational, if that would also assume that the club house would be non-operational at the same hours? Roger Knutson: Yes. Kate Aanenson: So I think it's sunset. Mayor Furlong: And those were as part of the conditional use permit allowing the golf course at the beginning. Kate Aanenson: That's correct. Mayor Furlong: And I remember talked long and hard about defining hours. Councilwoman Tjornhom: Many discussions regarding sunset. Mayor Furlong: Right. Kate Aanenson: Correct, and I just want to make one other note for clarification that's not in here is that the building doesn't have occupancy yet. There's still some code issues to be resolved so they cannot get the liquor until those are resolved also. Affecting the lot. It's not really for it but just to put in there. Mayor Furlong: Approval tonight, if it goes forward would be. Kate Aanenson: Is contingent upon. Mayor Furlong: Contingent upon occupancy. Kate Aanenson: Getting Certificate of Occupancy, that's correct. Councilman Litsey: So the beer sales are tied, they can sell beer tied to the club house hours of operation? Kate Aanenson: That's what the city attorney just said. 16 45 City Council Meeting - May 14, 2007 Councilman Litsey: Yeah, so it can't stay open all night. Mayor Furlong: It's state statute. Roger Knutson: It's because of the conditional use permit that limits the hours of operation of the club. Since you can't be open, there's no ability to sell when you're not open. Councilman Litsey: Okay. Mayor Furlong: I think the issue of lights on the driving range was also brought up. It's probably a little bit outside the scope of the issue related to granting the liquor license but I believe that was also discussed at the time of the continued use. Or conditional use. Kate Aanenson: That's correct. No lights. Mayor Furlong: And those were restricted as a condition? Kate Aanenson: Correct. Mayor Furlong: Okay. So that would have to, for either of those to change, hours of operation or the lighting or any of the other petitions associated with that conditional use permit. For any of that to change it would have to go back through the public planning process, which would include public hearings at the Planning Commission and coming back to the council as well. Okay. Anyone else wishing to comment at the public hearing with regard to this matter? Please come forward at this time. Okay seeing nobody, without objection we'll close the public hearing and bring it back to council. Any discussion on council with regard to this matter? Councilman Litsey: I had a question on Bluff Creek. The other golf course. They have a 3.2 also? Kate Aanenson: Yes. And so does the RSS also has a 3.2. The city code was amended a few years ago to allow golf courses to have a 3.2 license. Councilman Litsey: So it's consistent with the code that was adopted? Kate Aanenson: It's consistent with what the other ones have. Mayor Furlong: Any other questions or comments? Councilwoman Tjornhom: You know Kate, this has just jogged my memory. I think I was on the Planning Commission. Did this come through while I was on Planning Commission before? This golf course the first time it came through. Kate Aanenson: I believe so. 17 46 City Council Meeting - May 14, 2007 Councilwoman Tjornhom: Because I believe there was some questions about how they were going to handle people not using the proper facilities when they're golfing and I thought we had come to some sort of resolution with that. That there was going to be something somewhere or, because it was so long ago I don't…how we had resolved that problem. Kate Aanenson: Yeah, I guess it's a self policing issue. I can follow up on that but there's restrooms on the facility. Councilwoman Tjornhom: But port-a-potties or something come to mind because that was a condition that was going to be. Todd Gerhardt: They have those now. My guess is that they would be removed once the club house opens and use the indoor facilities at that time. Kate Aanenson: That's correct. That's one of the issues that's unresolved on the building. Councilwoman Tjornhom: Okay. …golf courses and how they handle that sort of issue I guess. Councilman Litsey: Issues in the field. Councilwoman Ernst: Well don't we have code that would deal with that? Todd Gerhardt: Usually on a golf course you'll have portable toilets throughout the 18 holes. Councilwoman Tjornhom: Okay. And that's not the case on the Halla? Kate Aanenson: Well you're really not that far from them. It's just a convenience issue I guess. Councilman Litsey: Is there any way we could suggest that or? Kate Aanenson: We can just notify the owner that that's been brought to our attention. Just a policing. There is a manager on site so just bring it to their attention. Councilwoman Tjornhom: Because…private property owner has that kind of nuisance. Mayor Furlong: Right. Okay. Any other questions? If not is there a motion to approve? Councilwoman Tjornhom: Motion to approve. Mayor Furlong: Thank you. Is there a second? Councilman Litsey: I'll second that. Mayor Furlong: Okay. Made and seconded. Any discussion on the motion? 18 47 City Council Meeting - May 14, 2007 Councilwoman Ernst: I'm sorry. The only thing that I would really like to say is to the gentleman's point earlier, I can imagine how frustrating that would be. I will say however that we try to keep government out of trying to put restrictions on property owners and how they run their business and so on and so forth so, but definitely I think that your concerns need to be addressed and I have a feeling they will be going forward so. Mayor Furlong: Thank you. Any other discussion? If not there's been a motion made and seconded to approve the application. Councilwoman Tjornhom moved, Councilman Litsey seconded 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. All voted in favor and the motion carried unanimously with a vote of 4 to 0. REQUEST FOR ON-SALE INTOXICATING LIQUOR LICENSE, HIGH TIMBERS LOUNGE, 591 WEST 78TH STREET, HIGH TIMBERS LOUNGE, LLC. Laurie Hokkanen: Alright, as you said this is a request for a license for an on-sale intoxicating liquor for the High Timber Lounge. The High Timber Lounge currently has this type of liquor license. They are anticipating new ownership and this approval would grant that, this liquor license to the new ownership upon closing of that property. Law enforcement did the required background checks and the city attorney reviewed the application and found no reason that it should not be issued and a public hearing is required to be held before your consideration of approval. Mayor Furlong: Thank you. Before we move on with this. Mr. Knutson there was a comment made on the prior item that the motion should be contingent upon the Certificate of Occupancy. Kate Aanenson: Well I'm saying it is. Mayor Furlong: Is that imbedded. Kate Aanenson: …I just wanted to point out for the record. There's a member in the audience here, just for their edification of that. Mayor Furlong: The fact that we did not bring that up with the motion to approve. Kate Aanenson: It's still covered in the license. Roger Knutson: It's taken care of because they can't occupy the building so. Mayor Furlong: Okay. Thank you. So back to this one now. Any questions for staff? On this matter. It's a change of ownership so therefore a new application for a liquor license needs to be made. Laurie Hokkanen: Correct. 19 48 City Council Meeting - May 14, 2007 Mayor Furlong: Thank you. At this point we'll open up the public hearing and invite any interested parties to come forward and address the council on this matter. Okay. Anyone? Seeing nobody then without objection we'll close the public hearing and bring it back to council for discussion. Any discussion on this item? Councilman Litsey: Pretty straight forward. Mayor Furlong: Seeing none, is there a motion to approve? Councilman Litsey: So moved. Councilwoman Ernst: Second. Mayor Furlong: Second Councilwoman Ernst? Thank you. Any discussion on the motion? Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approve the request for an on-sale intoxicating liquor license from High Timber Lounge, LLC contingent upon receipt of the license fee and liquor liability insurance that meets minimum state requirements. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 1(e). THE PRESERVE AT BLUFF CREEK 2ND ADDITION: 1) FINAL PLAT APPROVAL. 2) APPROVAL OF PLANS & SPECIFICATIONS AND DEVELOPMENT CONTRACT. Mayor Furlong: Is Ms. Lloyd still here? Oh, there you are. You wanted to discuss this. This would be the time for you to come forward. Debbie Lloyd: As I said, first of all you received my emails regarding the setback along the boulevard. I guess the question I have, were not state funds sought for that boulevard? MSA funds? Mayor Furlong: Was it Bluff Creek Boulevard? Debbie Lloyd: (Yes). Mayor Furlong: Any questions? I think the answer is yes. Yeah. Debbie Lloyd: So it is a collector and you only got, the state defined as a collector. Code clearly states 50 foot setback. I mean that wasn't in the staff report. That's a shortcoming of the staff report. Clearly the 40 foot was relative to the buffer for the wetland. For the protected zone. The other issue is, and there is, there's one built home. There's a foundation going in. There's another lot that doesn't look like it's going to have adequate space next to the model. I mean there's another lot that's questionable. The one with the foundation going in, I asked about how 20 49 City Council Meeting - May 14, 2007 that was going to be configured because it looks like it's going to have a huge wall and a driveway to back up into this garage and it doesn't look like there's even adequate space for that. Let me grab something. The development contract. The opening. Right to proceed. Within the plat or land to be platted the developer may not grade or otherwise disturb the earth, remove trees, etc.. I was appalled. I drove by and saw all these mature oaks. I don't know if you drove by. They're just cut. They're not in Phase I. They're in the secondary bluff protected zone. I mean I was just like appalled. So is this what happens? So you send out a message saying they're not doing things right and they go and take care of and get rid of everything so that they can proceed? And I didn't have time to really study what's before you tonight but it looks to me like there were like 13 lots that they want approval for, but they want to grade everything. Everything. What if more lots don't come in for a long time? We've disturbed all that earth for something that may not take place. And the two, replacing these mature trees. Think about it. 2 to 1. What kind of penalty is that? If that's the kind of penalty that's leveled. Why wouldn't anyone go in and clear their land? I mean I just, these are not the kind of you know standards I think our city should live up to. And the responses to my emails were nothing but to me a deterrent, a smoke like dig a little more. Dig a little more til we have time to get this through. That's how I felt about it. Mayor Furlong: Okay. Ms. Aanenson, I guess with regard to items raised by Ms. Lloyd. Debbie Lloyd: And I'd like you to point out where the corridor is. Kate Aanenson: Sure. As far as the other issues raised, I've responded to those twice and I don't have all the information in front to respond to those. I'll just talk about the trees. I'll step back and look at the whole AUAR area. So this is the 600 acres that we studied. So this is the site that the Rottlund Homes, the Preserve. This is where the road stops approximately right here. If you look at where the trees are on, can you zoom in on that just a pinch more? Just a little tighter. That's good. Thank you. If you look at what we did on the project for this, this was buildable. We saved all those trees. We saved this is the lot line here is not all of this. We saved all these trees and we'll be saving those. If you look at what's on here, on a bigger scale, what we showed to be graded, this was an original preliminary plat. I've got this, this is Lyman Boulevard. Maybe you can now back out a little bit. This is the area of grading. Those trees were to go out. The trees that were saved are over here. Down in here and then in the primary. There's 20 acres of the primary zone. The sewer line did go a portion of the primary zone. They were required, I don't have the preliminary plat in front of me. I didn't know how much detail you were going to get into tonight. But I brought this down in case there was a question regarding the plat itself. There is a tree replacement plan for the project. Again the way our ordinance works is based on a canopy coverage, there is canopy there and they are required to… replace trees in that area. Yes there were trees to come down there but if you look at the acreage of trees we've preserved overall, it's significant and we've taken the Planning Commission down there to show them what we've done. We've crossed the creek once and I think we've done a very good job of trying to preserve trees. On every project there's going to be trees going down. Now is this part of Phase I? They worked with engineering to, they have a grading plan for the entire site to work that to mobilize, to get that, and I don't know if Paul wants to comment on that at all but to do the grading of the entire site because they will be building this trail with this plat. The trail that crosses the creek. 21 50 City Council Meeting - May 14, 2007 Mayor Furlong: I'm sorry which? Could you show me that? Kate Aanenson: I'm sorry. The trail, I'm sorry. Mayor Furlong: Hit the table please, thank you. Kate Aanenson: Okay. So this trail will be built this year. They're building that right now. They've sent in the pictures for the crossing of the creek, so there's a bridge structure here that will cross the creek. They're building that this year. That's why they wanted to grade the entire site. Get in there and they worked that out with engineering. There's security in place. Again following the grading plan that was approved for the entire site. So nothing has been changed on that. They're following the plan so. Mayor Furlong: I guess one of the questions I heard was they're grading within the area that, they're grading, taking out trees prior to getting the second addition approved. Are you saying that the grading plan was approved at the beginning for the entire site irrespective of when they proceeded with the plans and specs. Kate Aanenson: I'll let Paul answer that question. Paul Oehme: Well yeah. In the preliminary plat phase we didn't put that, the grading plan for the whole development all 2-3 phases of it and that was reviewed and we did approve of that on that design. The developer has requested that mass grading be taken place. It is more beneficial we feel for the entire site to be graded at one time instead of piecemealing it together because of the…erosion control issues that happen with…there's less intrusive to the existing properties so you get most of the grading done and then come back…so there is a lot of benefit in doing mass grading project up front versus doing it separately down the road. Mayor Furlong: Is this the first time we've done that or have we done that historically? Paul Oehme: No, we've done it before too. Mayor Furlong: Whole Town & Country. Kate Aanenson: Lake Harrison, yeah. Again they are grading down in the secondary zone because that's where the trail is going, on top of the sewer pipe. Again consistent with what we've already approved so. So we're monitoring that, and. Councilman Litsey: Wouldn't there be more erosion concerns though if the site's completely graded than if? Kate Aanenson: They have to establish seed and the like to the whole area so. Councilman Litsey: Do they do that? 22 51 City Council Meeting - May 14, 2007 Kate Aanenson: Yeah. Todd Gerhardt: You want to grade the site completely so you have natural drainage that would go with the new development you know. When you stop you start getting erosion of your road beds and gullies in areas that shouldn't be there and your water's going to be re-directed out with the grading plan. That's why we get a grading plan so we can direct the water ultimately where it's supposed to go at the end of the development. Now in this case they had two phases. Graded the first phase. That kind of comes to a hill and it stopped there. Then as you go down towards Lyman, it makes sense that you want to grade the rest of that all the way down to Lyman so you don't have it all going to the ditch. So you can redirect it to the ponds and get it pre-treated before it goes into Bluff Creek. Paul Oehme: The next phase of this project too, we're trying to balance this site out with material right now, is the cut phase of the development. The next phase of the development so they would eventually have to stockpile material someplace until they use it for the next additional phases. It doesn't make sense to stockpile like that in piles…because you will have erosion control problems… Todd Gerhardt: Kate, could you talk a little bit about the setback from Bluff Creek Boulevard? Kate Aanenson: Sure. I mean I've addressed that. There's a difference of opinion on the, where we look for the 50 foot and I've addressed and I don't have all that in front of me to go through that in detail and the specific lots. I did look at that but I'd have to go back and look at my notes on that so. Mayor Furlong: Have they done anything at this point that's inconsistent with… Kate Aanenson: With what they've done, no. Mayor Furlong: What was approved. Kate Aanenson: No. No. There's a difference of opinion on that and I don't want to get into a, I've been doing this for a long time. 7 years going back and forth on this. Getting a legal opinion on when I say something so I'd just as soon have everything in writing. Mayor Furlong: Okay. Kate Aanenson: In my own protection. So back to this grading, I just want a further clarification. I did pass out for the developer, I did mention in my staff report that we did ask for a trail head here. The bridge will be crossing. This road here will actually be a public street as it goes across to the industrial park on the other Degler parcel. So in looking at that we felt that probably wouldn't be the best place for homes to be placed so they actually dedicated, we compensated them for not building but with this plat they will be dedicating the right-of-way and again to get the bridge to go across, so that is where, in my staff report I put in a dollar amount. The applicant did request that we put in the development contract which makes sense, so I did 23 52 City Council Meeting - May 14, 2007 make that amendment and I'll give that to the developer and Mrs. Lloyd too, but that's the compensation that we owe them in the amount of $216,709. to make sure that's clear so. Mayor Furlong: Okay. Alright, thank you. Debbie Lloyd: I do want to make one thing clear. Those trees you know, grading I'm not expect in that but I can tell you those trees were not scheduled to go down in Phase I for anything I've read. Yeah, tree preservation or whatever. Those trees should have gone down after approval of Phase II. If you approve their removal. Mayor Furlong: And I think what we just heard this evening, and Mr. Oehme if I heard something wrong tell me, that there's a, the sequencing of the plats is independent of the grading plan. And that the grading plan was approved for the entire area, or in this case it sounds like there were two phases but the grading plan had been priorly approved in it's entirety, is that correct? Paul Oehme: Yeah, I mean there's a, staff has looked at the grading plan when it came at preliminary plat time and I know council had reviewed that grading plan and that's the plan that… Councilman Litsey: And that's the portion of the project that the cutting of the trees would be covered under? Paul Oehme: Yeah, absolutely. I mean… Councilman Litsey: Obviously you can't grade if you don't have the trees down. Paul Oehme: Exactly. With the grading plan that was approved, that's the only way… Councilman Litsey: And those trees ultimately would have come down at some point in time for the project. Okay, thanks. Mary Born: I'm Mary Born, 7199 Frontier Trail but my question is don't they need the contractor must have a permit to do the work, correct? Kate Aanenson: Yes. He has to have a letter of credit, which he does. Mary Born: Is the contractor holding a permit that's been approved by the City? Paul Oehme: For what portion? Mary Born: The portion that's been done so far. Kate Aanenson: Yes. 24 53 City Council Meeting - May 14, 2007 Paul Oehme: Yeah. I mean he has acquired the MPS permits. Erosion control to look at all the issues associated with the grading. Mary Born: So he had signed and returned permits from the City? Todd Gerhardt: That's correct. Mary Born: And is it normal to do that before we're at the next phase? The Phase II. Mayor Furlong: Again what I'm hearing tonight is that the aspects of the whole project are somewhat independent in terms of timing. If there's a different way of saying that. Kate Aanenson: We have projects where they grade the entire site and we did that actually K. Hovnanian graded beyond their site limits for Phase I, just because they wanted to balance it so the goal is to have security in place and approved for the grading. That doesn't mean you're going to final plat that. Final plat is different legal applications as far as showing lots of record and those sort of things and that, there's typically an assessment running with the county. The grading sometimes is just the prep part of the site to get it ready so there's no utilities in or anything because once you do that part of it, that's a different assessment part so. Mayor Furlong: Have they started doing anything that they weren't allowed to do based upon their approvals received at the time? Paul Oehme: Not that… Mayor Furlong: Okay. Rick Dorsey: Rick Dorsey, 1551 Lyman Boulevard and I have a different issue. It's dealing with the grading but I appreciate the staff having in there that there's some talk of a retaining wall and it's kind of the first I've heard of it. It's not going to be approved or whatever at this time but my question or concern is, if they do the grading right now for Phase III, which the wall isn't approved for, a 12 foot wall in two stages, it kind of makes it mandatory that that wall will go in and staff hasn't approved, or you know isn't recommending it I believe for. Okay, go ahead. Kate Aanenson: Sure. This is the end of the 12 lots are in this area here. The applicant would like to put a retaining wall. It's approximately 12 feet. They're adjoining Mr. Dorsey's property here. If you look at the change in grade. If you look at the change in grade, you're at 931 so you're at the top of the wall. So what it is, is for these homes are looking into the wall so you won't have a wall on your side because you're pretty much at grade on your side. So these people have protection from whatever happens on your side. Rick Dorsey: But I guess my question is, if they start grading now and you haven't approved that wall, can they do that? I mean it's forcing that there will be a wall there without an approval. Kate Aanenson: It's my understanding engineering did give approval for that wall. 25 54 City Council Meeting - May 14, 2007 Rick Dorsey: When? I guess that was my question. This is the first I've heard of it. Kate Aanenson: As part of the grading. It's on the preliminary plans too so. Rick Dorsey: There was no wall because I got a copy of the grading plan and there was no wall. There's a swale. I mean I'm just asking a question because that means there's a fence that I'd have to put up if you have a 12 foot wall, on my property, and it drops 12 feet to the other side, you're certainly going to have to have a fence going up and I'm unaware of it. Kate Aanenson: Well they would have to put the fence on their side. Rick Dorsey: Well still, I mean I'm just unaware of it. It was never even brought up so I just wanted to ask the question. Is that part of Phase III and they haven't got you know approval for Phase III and you're not recommending it at this point, it's just a timing issue is what I'm asking. Kate Aanenson: This is an engineering report that got put in. What it says is, if we knew it was to happen on this site, this is part of engineering so this isn't my comments. This is a retaining wall. There may be an opportunity to reduce the height of the wall or eliminate the property to the east. We're asking that it be, staff is recommending that the wall be deleted from Phase II improvements and if necessary constructed in future phases. We don't know, they're trying to protect their buffer from whatever happens on your side so. Rick Dorsey: Well I'm thinking too that if they grade it now and they make it, so there's a 12 foot drop and I have farm equipment running along the edge of it, at this point in time you know how is their safety protected? Kate Aanenson: They'd have to put a fence up on it. Rick Dorsey: Well to me, could I ask that we just come back to this, just so we have a chance to look at the plan because we really have not seen this plan with the wall in it. This is the first I've seen of it. So that's what I would ask tonight, thank you. Mayor Furlong: Alright. How is the wall fitting into the second addition? Final plat that's being requested and the development contract. Kate Aanenson: It's really engineering's issue so I'll let Paul answer that. Mayor Furlong: I'll rephrase the question. I pose the previous question. Paul Oehme: There's 15 lots…would be just to get the wall built at this time because of the grading that's going on on the site. It's better to do the wall construction and to construct some of this infrastructure at this time just so we don't have to go back in and do that. Just rough in…so you know the developer is requesting that that portion of the infrastructure be built at this time. We reviewed that portion and did not feel that it's, would negatively impact the surrounding property owners. We've done walls on other developments within the city as well so staff wasn't… 26 55 City Council Meeting - May 14, 2007 Todd Gerhardt: Mayor and council, if I could just add onto what Paul is saying. They're mass grading the rest of the second part of the site, all the way down to Lyman and they're coming in and making a 12 foot cut through that hill. You can't leave the 12 foot cut exposed. You have to put in a retaining wall to hold that back. Rick Dorsey: What I'm saying is if they're going to do that though, that was my question… Kate Aanenson: Yeah, I just asked the applicant. They would like to put the wall in now because just for what the city manager just said. They've got a 12 foot cut. And that's, they're trying to protect their property for their residents, similar if you come in with your project and you're going to want to do the same thing to maximize or to work out through your development so, they'll have to put a fence on the top, I'm assuming for security. For protection. Todd Gerhardt: Our ordinance allows that you have to put up fence on anything that's over 4 feet in height. You have to put the retaining wall in as you're cutting the property. You can't leave a 12 foot cut exposed without fence and you're going to see erosion. That wall's going to come tumbling down, or the 12 foot earth berm that's left that's on Mr. Dorsey's property is going to erode into the Ryland property. They have to put the wall up with the grading. Rick Dorsey: Again I would, I guess I'd like to have it held off until we have a chance to look at this. You know Phase II is coming to I believe just this row of houses right here. About 3 acres of land. Right across here. And the wall is beyond that into Phase III. I understand they want to do it. I understand all that. It's just the first we've seen of it. I would like at least the opportunity to look at it because it does impact our property. The original plan had swales along the edge. This isn't what that is so, it's different than what was originally approved at the preliminary plat. This isn't the final plat for Phase III at this point in time. It's for Phase II so they're doing work in Phase III that's not been approved yet. So for my perspective I just would like time to at least review it before you approve it. Mayor Furlong: Alright. Now that we're granting it, how much time would you like? Rick Dorsey: I just need to talk with somebody and you know this is the first I've seen of it so. A reasonable amount of time and just be able to address any issues. Mayor Furlong: I guess the question I have with regard to the, what was approved. I mean why the reason for the change? Todd Gerhardt: The applicant's here this evening, if he can come up and explain. Mayor Furlong: Would you like to address that? Matt Dusett: I'm Matt Dusett with Ryland Homes. Looking at it, looking back at the old plans myself but I believe this wall's been on there ever since. Like I said I'd have to look at it. It's not something we just threw in there because Alyson Fauske, the Assistant City Engineer did question me on that and this point and you know we were working on it, and I'm not opposed to 27 56 City Council Meeting - May 14, 2007 lessening the wall. Like I said right now I'm trying to protect my homeowners who are building back there with, we don't know what's going to go on behind here. The way I see it, it's a 12 foot buffer for the homeowners and on top of that you know where our landscape plan shows trees on top of there you know, and then obviously the fence which like you said is mandatory that you put a fence along any higher than 4 feet. So like I said, I'd have to look back in the initial plans but as far as I remember, that wall has always been there so I don't know if it got highlighted a little darker in this plan but you know like I said, it's always been there. Kate Aanenson: Matt, can we wait 2 weeks on the wall and then just approve the second phase and then come back with the wall? Matt Dusett: You bet. I mean we can, my whole goal is to not to hold up you know, I'd like to, we can not even touch this letter right now and leave it the way it is. We can decide what we're going to do with it at that point because Alyson did come up with a site plan that we could work on possibly not putting that wall in there but like I said at this point I'd rather spend the money on protecting my homeowner's back yards for what's going to go in on the property over here so. Mayor Furlong: Okay, so with regard to what's before us this evening, there's a portion that sounds like there'd be agreement to delay for a couple weeks. Kate Aanenson: Approving a step in phase but then eliminate the, just hold off on any retaining walls until 2 more. Rick Dorsey: …excavation? Matt Dusett: And cut. I mean we've got. Rick Dorsey: Excavation people here? Matt Dusett: We've got some 10 foot, 12 foot cuts in here to begin with grading. I have to talk but you know we've got a lot of work grading to do in here as it is so if we can get it resolved in the next couple weeks, I don't see it being a problem. We're not going to get buckets in the ground anytime real soon. We got delayed. We've done the permits for demo'ing the house so, right now we're waiting on that and I'm not in a huge rush to get going on it so if, we have plenty of work to be doing over here. If we can get going on over here whenever, then discuss it at another point. Mayor Furlong: I guess the question is, do we need to approve everything under 1(e), anything under 1(e) tonight or would 2 weeks, do you need some things approved tonight to keep going over the next 2 weeks or could this wait for 2 weeks? Kate Aanenson: Well I think it'd be nice to get the development contract put in place. Todd Gerhardt: Mayor, could I suggest that you approve the development contingent upon meeting Mr. Dorsey's satisfaction with the wall with the contractor. We don't have to bring it back then. 28 57 City Council Meeting - May 14, 2007 Roger Knutson: We would if they don't agree. Todd Gerhardt: Yeah, if you don't agree then we'll bring it back or if there's an issue, we would bring it back and then you'd have to hold off the grading for 2 weeks if you can't come to resolution on what's going on. Rick Dorsey: So just to make it clear, my biggest concern is if you make the cut, then you make the wall necessary. And so. Mayor Furlong: Over the next 2 weeks he's going to stay out of that area. Rick Dorsey: Okay, so there's no approval being done for grading then? Is that what you're saying? Mayor Furlong: No. That's not what I'm hearing. Rick Dorsey: Okay. That's what I'm trying to understand. If you give the approval to grade, you give the approval to grade. Based on their plan. Councilman Litsey: I think they'll hold off on excavation there and the wall in that area. Mayor Furlong: In that area until they can review alternatives that have been presented by the city staff. Rick Dorsey: If it should be determined as they said it may be an option to not put a wall in there in the first place, which the city doesn't like walls anyway is my, having been to many of these meetings. We'd just as soon avoid them if we can. Councilwoman Ernst: Just from what I heard, we have to put, we have to put something there. Rick Dorsey: No, because the grading has changed. There never was a 12 foot cut there. There was a blending of the two properties together previously. Mayor Furlong: Here's what I would suggest. If there is a way that we can approve this tonight, because it sounds like the, it will be appropriate to do that, contingent upon some review of this small item, this particular item. Small's the wrong word but this particular item over the next 2 weeks. Rick Dorsey: Mayor excuse me, I'm not sure you're getting my point. If you approve, from the way I understand this, if you approve this plan and it's allowing them to go forward and do their mass grading, which I'm not saying I disapprove of but the plan they're showing here is not the plan that was originally approved by the council. The plan that was originally approved did not have a 12 foot cut along the property line. It blended together. If I had put houses in there someday, they're at the same level. Now I'm looking at them that these are going to be 12 feet higher than these and they're going to have a fence. That's something totally new to me and 29 58 City Council Meeting - May 14, 2007 something you didn't approve. So by approving it tonight you're saying yes you are approving it, is my interpretation of it. Mayor Furlong: I heard a recommendation that we approve it contingent upon over the next 2 weeks the property owners getting together, looking at options with city staff and coming forward if it cannot be agreed to during that time, then it would come back to us in 2 weeks. Is that? Does that address the issues? Rick Dorsey: What's the difference between that and not approving it for the 2 weeks then? I guess that's what I'm asking. If we don't come to an agreement where are we at if we approved it? Mayor Furlong: And I asked that question, if we could wait for 2 weeks and what I was told is that there's a lot to do outside of this area that can be started during that period. Rick Dorsey: Yeah, no I know I understand that and what I'm saying is the grade has to match up and they've got a plan, okay. And if you're saying go ahead with this part of the plan, they can't not do what's on this plan the way that it's currently here. No matter if I disagree or not because how are they going to change it? They can't in the middle of their property have houses at different levels. That won't happen. Roads won't match up. Mayor Furlong: Well I guess I'll ask the applicant again, if you could address the question. Rick Dorsey: Can you wait for 2 weeks until we meet? Before you get approval tonight. Matt Dusett: Like I said our biggest thing, and part of this development agreement is we want to get rolling on this trail. We want to get that in for the city before fall and part of this agreement is getting you know, rolling forward with that. Getting the bridge in. Donating your parcel of land over on the northwest corner of it and that's more or less that portion of it. I'm not concern right away, like I said for this area. I can leave this whole area along for right now. One note, if we didn't, if this wall wasn't on here, looking at these existing grades, we would have lowered these houses 11 to 13 feet, which would have completely changed every single road in here if this wasn't the plan that was approved so I'm almost 99.9 percent sure this is the exact same plan that was approved. It's just not feasible for design… Rick Dorsey: Just so you know, I picked up a plan 3 weeks ago from Alyson in the engineering department and it's not the same. So I'll bring it in tomorrow if staff would like to see what I've got. Mayor Furlong: I think what we need to do is find a way to move forward here and address your concerns and at the same time moving forward for the developer with regard to the property owner so, what I'm hearing is sir, and I'm sorry I didn't catch your name. Matt Dusett: Matt. 30 59 City Council Meeting - May 14, 2007 Mayor Furlong: Matt. Thank you. For that, by approving this tonight any grading would not preclude any changes in this area, if that's what is required. Matt Dusett: Yeah… Mayor Furlong: Changes on this plan. Matt Dusett: The eastern half. Mayor Furlong: Okay. So Mr. Knutson, do you want to provide us with some language on a contingency that would address what we're trying to do here. (There was a tape change at this point in the discussion.) Roger Knutson: …grading issues and the wall issue, I'll let someone else describe it. The eastern part of the property. Eastern part? Kate Aanenson: Correct. Roger Knutson: Or Phase III, whatever it is. Phase III. Working out satisfactory to city staff and Mr. Dorsey. And if that can't be worked out, to be brought back for your ultimate resolution in 2 weeks. Councilwoman Ernst: So moved. Mayor Furlong: Alright, thank you. So that motion is made and by doing so you're adopting the motion for 1(e) on the recommended motion for 1(e) subject to that language? Councilwoman Ernst: Yeah. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Any discussion on this motion? Given that it was pulled from the consent agenda, I think, I don't know that we need extensive discussion but I want to make sure anyone on the council has an opportunity to discuss any other issues. Councilman Litsey: I just thought this seems consistent with the way you've handled past projects and I see no reason to doubt staff's recommendations and how they want to handle it so I'm comfortable I guess. Mayor Furlong: Okay, thank you. So the motion has been made with the conditions recommended subject to the issues recommended by Mr. Knutson. 31 60 City Council Meeting - May 14, 2007 Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve the final plat for The Preserve at Bluff Creek 2nd Addition, plans and specifications and the development contract subject to the applicant, city staff and Mr. Dorsey working out a satisfactory resolution to the grading and retaining wall issues in Phase III. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 1(g). APPROVAL OF AMENDMENT TO CITY CODE REGARDING WETLAND BUFFERS AND SETBACKS. Councilman Litsey: Yes Mayor, I asked this to be pulled from the consent agenda. I just wanted to make a few comments prior to us acting on this amendment. And I jotted some things down because this has been an ongoing discussion and a lot of factors have come into play and coming to where we're at tonight but the past several years the City of Chanhassen has been working on updating it's 1994 Surface Water Management Plan and the purpose of this plan is to provide for the protection and management of the city's wetlands and associated natural resources. The Second Generation Surface Water Management Plan was recommended for approval by the Planning Commission on August 15th of 2006 and it was subsequently adopted by the City Council on August 28, 2006. And for interested people the details of that plan are available on the city's web site. Revisions to the city code were needed to achieve the goals set forth in the Second Generation Surface Water Management Plan. The Planning Commission held a public hearing on December 5th of 2006 to review the suggested code revisions and receive public comments if there were any. There were no public comments at that meeting so the Planning Commission moved ahead and voted 7-0 is my understanding at that meeting recommending the proposed code revisions. These code revisions came before the City Council at it's meeting on January 8, 2007 and this actually happened to be my first meeting as a newly elected council member. By this time two significant issues, referred to I guess the sticking points, had surfaced regarding the recommended code revisions from the Planning Commission. The one issue had to deal with impervious surface definition and the other issue had to do with wetland classifications along with their corresponding buffer setback requirements. Since the first City Council meeting in January, a considerable amount of time has been spent by both staff, which I very much appreciate and members of this council trying to address these two issues and I know it's been a struggle and I appreciate everyone hanging in there on this. The matter before the City Council this evening has to do with revisions to the city code regarding wetland regulations. Included in this are wetland classifications and their corresponding buffer setback requirements. Prior to City Council work session held on April 23rd I was receptive to several proposed modifications supported by staff regarding wetland classifications and their corresponding buffer setback requirements. These modifications include creating an additional wetland classification called outstanding for the more vulnerable wetlands. Reducing the buffer and setback requirements for the preserve wetland classification. This was in consideration of the additional protections being provided under the newly created outstanding classification. And then reducing the setback requirements for accessory structures in all wetland classifications other than outstanding, therefore affording homeowners more use of their property. What I'm not prepared to support this evening however the additional changes recommended by Councilmember Peterson and received favorable by the remainder of the City Council at the work session held on April 23rd. These changes reduced both the buffer and setback requirements for Manage 1, 2 and 3 wetlands which made up the bulk of the wetlands in the city. I did not feel there was ample justification 32 61 City Council Meeting - May 14, 2007 for this reduction which is inconsistent with the Planning Commission recommendations, previous staff recommendations and the Minnesota Board of Water and Soil Resources Guidelines. I understand that there needs to be a reasonable balance between property rights and environmental protection. With this proposed change however the pendulum is swung too far in my opinion at the expense of the environment. In my opinion this needlessly compromises Chanhassen's long distinguished history of wetland protection. I strongly encourage my colleagues on the City Council to vote against this change. Thanks. Mayor Furlong: Thank you. Okay, there were requests by one resident to speak this evening on this so Mr. Donen, if you'd like to make some comments. Steve Donen: Yes I would, I'm Steve Donen, 7341 Frontier Trail. I couldn't agree more. A couple things though that you said this is a public comment in December with certain provisions associated with that. In other words it went open for public comment but we didn't know what all the changes to the wetlands would be, so the public couldn't come in and comment on, if the language was changing or if requirements were for their land, so along with what you're saying, which I agree 100% with, publicly I haven't seen what's being recommended. In the staff report, which is an excellent report, don't get me wrong. I mean you did a nice job, it came out on Thursday. Okay? And we're trying to vote on this tonight as an ordinance approval. I think we're too early, and I could bring up a lot of other discussions but I think we need to step back. Get public opinion on the new recommendations. What does all the different wetlands look like? What does the picture of that look like in front of us? And let us comment on that whole picture, okay. So that's what I’m kind of saying. Along with my issues, I did a lot of research on these setbacks and did a lot of looking and I just can't say it better than what you said. I mean we are going to the far extremes to the wrong side of this one. I would argue that structure setbacks aren't as important because between the structure setback and the wetland is just grass normally anyway and that doesn't do much for us, okay. But that buffer zone is critical and that's the key, and there are lots of studies out there that would tell that even 25 feet isn't enough, okay. But I know Lori did a lot of good work. She does and when she came out with, when the group came out with their original proposal of the 30 feet for Manage 1, 25 feet for Manage 2, and 20 feet, I'm sure they did a lot of work to get that. Dropping that back now is to me, telling me there's something wrong and that's what really my intention is, is when staff recommends it and I know she didn't just come up with that with just out of the clear blue, okay. So another reason for I think we should delay this. Bring it back open for what does the picture look like? Put all the new recommendations in for the different wetland classifications look like on a map and the whole ordinance and then take another look at it with public input and then come back and vote on it again. So that's where I'm coming from. Mayor Furlong: Okay, thank you. I guess Ms. Haak, any comments? Question's been raised about the process. You throw out any thoughts or comments and also a comparison of what's being considered here this evening versus our current ordinance. Lori Haak: I think the process that we followed is real consistent with what we've used for other ordinance amendments. Certainly you know there was a public hearing and changes were made but I believe the council has the ability to make those changes at that level. So you know, it's really a matter of the council's preference as I see it. In making additional comment periods 33 62 City Council Meeting - May 14, 2007 available. I do think that we've, at least staff has had several conversations. I believe I've included those in your packets with respect to developers and the development community regarding the proposed changes and we've been following this but I didn't receive any comments with regard to the current staff report so I guess I can't speak to their concerns here. Mayor Furlong: Fair enough, thank you. Mary Born: Mary Born from 7199 Frontier Trail and I concur with both Bryan Litsey from the council member and Mr. Donen and I think Bryan summed it up pretty well when he said that we would be needlessly compromising our standards. As a country and, as a country we're trying to educate our young people to preserve our resources and to make things better and that we've been in the wrong direction. We need to go in the right direction and it seems to me by changing these buffer zones that we would be taking a big step backwards. We live on Lotus Lake and we have a Lotus Lake Clean Water organization which is 120 paid members who live both on and off the lake and we are attempting to build up some funds through the watershed district to try to improve the quality of Lotus Lake and to hear at the same time that we're trying to make this improvement and putting so much effort into our project, to hear that the other hand, that the standards would be lowered I think would defeat the purpose that we're working towards. Mayor Furlong: Okay, thank you. Alright, thank you. Appreciate those comments. Any other thoughts or comments from council members? Councilwoman Tjornhom: Well I'm trying to find the graph where we were before we changed everything, because I think there's some confusion. Not your recommendation but… Mayor Furlong: Yep. Lori Haak: I think this is the table that you're referencing that I've included in just about every other staff report that we've had on this issue. Is that the one? Oh, I'm sorry. Okay, so these are the current ordinance requirements. The existing wetland classification system. We have three classes of wetlands. Pristine, which is 1%, Natural, which is 30 and Ag/Urban which is 69%. Currently the minimum buffer required for ag/urban is 16 1/2 and as you can see here, this is 69% of our wetlands, so that's the majority, and there's a 40 foot setback there. Now there's a 20 foot, or I'm sorry buffer requirement for natural wetlands with a 40 foot setback. And on the pristine, which again is 1%, you have a 50 foot average setback and that's the only limit is actually still an average with the 35 foot minimum buffer and then a 50 foot setback. So those are the current standards as they are in place today. Councilwoman Ernst: And can you show that in comparison to what we're talking about today? Lori Haak: Sure. The recommendation that's in your staff report is this lower table here. Again there's a couple more wetlands that we found, but I'm sorry Councilman Litsey mentioned the outstanding classification. Again that's 1% of the wetlands. There would be a 50 foot buffer requirement. A 50 foot structure setback for principle structures and a 50 foot accessory structure setback which is consistent with current ordinance, and this is where we start getting into the changes. We have actually instead of 3 classifications for wetlands we would have 5. 34 63 City Council Meeting - May 14, 2007 The outstanding, the preserve, manage 1, 2 and 3 with outstanding being the least impacted and Manage 3 being the most degraded, which is why the buffer requirements change between those classes. The major difference that you can see here with the changes, and this has been pointed out by several council members and the mayor during our work sessions which obviously the public haven't been privy to this part of the discussion but a good part of the discussion was that the bulk of the wetlands are moving from the lowest classification to the next lowest classification. So in essence in this area you have 69% of the wetlands that have a 16 1/2 foot buffer requirement and in this scenario 55% have the Manage 2, which is a 20 foot buffer, and actually some of those, because even if you add these two numbers together, assuming that those would compromise, or I'm sorry compose the ag/urban wetlands, you'd still have an additional 9%. I'm not so good at math but that one I can do. We'd still have an additional 9% or about half of these wetlands, right? Well it would have a 25 foot buffer, so there is some increase here still with the proposed system, and that was visited in the staff report. Councilwoman Ernst: So bottom line Lori, what we were looking at trying to do with this, because we've visited this and revisited and revisited it, and what we're trying to do is to allow people to utilize their property but not to compromise anything with the environment. And bottom line, you came, or staff came back with recommendations that we have in front of us today and that's what, my plan is that we're going to go with. Councilman Litsey: But that's where I beg to differ. Staff didn't, this got brought back to the council tonight because of recommendations from Councilmember Peterson. Staff's recommendation was not this. Now it's before us but their recommendations all along have been consistent, and this is not it. This is less than what was originally proposed by staff and we asked staff to do a general acceptable range comparing other communities, correct? This is on the low end of that comparable study. Councilwoman Ernst: Actually I think this was on the low end. Councilman Litsey: Well I have the chart in front of me now. It doesn't meet the BWSR standards. It's not consistent with that. The general acceptable range is on the low end of that. Mayor Furlong: I think, and I don't have that in front of me Councilman Litsey but I know we considered that and looked at that as well as the other comparison to what other cities have throughout the area and there's a lot of, a lot of other things. Any other questions or comments? Councilman Litsey: I just say that. Let me take Manage 3 which was used a lot for comparisons. Under this proposal before us tonight the buffer zone, 16.5 and on the general acceptable range, 6.5 is the low end. 25 was on the high end so we are on the very low end. Mayor Furlong: Okay. Councilman Litsey: And correct me if, staff can correct me if I'm wrong but that's how I'm reading these charts. 35 64 City Council Meeting - May 14, 2007 Todd Gerhardt: Do you have that chart Lori that you can put up to show the ranges from the other communities? Lori Haak: Yeah. Councilwoman Tjornhom: But there were a couple charts you had, not just those. We had several communities, not just that one chart. Lori Haak: I think yeah, there's two different charts. Mayor Furlong: There's lots of charts. Lori Haak: Yeah. Councilman Litsey: We've been inundated. Lori Haak: We've had this discussion before. I believe this is the chart that Councilman Litsey was discussing. This is the general acceptable range that was brought back to you in one of the last work sessions. These are the standards, the BWSR draft management standards that were referenced and this was the staff recommendation at that time. This is the wetland buffer and setback requirements in other communities and so that was the other major chart that we looked at during the work sessions. Councilman Litsey: But just to be clear that comparison you just showed us is your recommendation. Recommendations previous to this. The new recommendations are less than what's on the chart. Lori Haak: Yeah, this was from staff's report of April 23, 2007. Councilman Litsey: Exactly. Mayor Furlong: I think with regard, Councilman Litsey with regard to the buffer size or the, what's on that chart there, the generally acceptable range for the buffer portion of the buffer setback combination for Manage 1, 2, and 3. The buffers being proposed…for that range. The setback portion, if we can go back to that screen, I think shows ranges anywhere from 0 up to 40. So there, and what's in front of us tonight is 30. So you know as I look at this, and as anytime you look at it, I think it was brought up, I mean whenever you're trying to, there are a lot of moving parts and moving pieces that we're looking at so. Councilman Litsey: I agree but correct me if I'm wrong. There's people in the audience more knowledgeable than I am but buffers are probably the most critical part of the process here. Setbacks, we didn't compare apples to apples. We didn't look at lot sizes between cities. We didn't look at all the variables that exist. We took one snapshot and looked at that and when you do statistical analysis, that doesn't create a valid picture for you and so, and I think we've helped property owners a lot. I agree with everything that we've done up to this point in terms of allowing some accessory structures to be closer to that buffer zone and things like that and as 36 65 City Council Meeting - May 14, 2007 talked about here by experts better than me, that that doesn't have as great an impact. It's the buffer zone that creates the real impact on the environment and I'd just like to see us, I don't think, how many variances do we have a year that come, that people have a dispute with that? I don't mean to put you on the spot but there just can't be that many or it would stand out like the assessments earlier on roads and it's not a huge issue for this, the council has to deal with is it? I mean. Mayor Furlong: Well I think we did receive some comments from some property owners and developers perhaps with regard to how important that issue is. Councilman Litsey: Well developers, I saw that. I don't know about property owners and developers have a vested interest in it. Mayor Furlong: Understand. Councilman Litsey: I mean I'm more concerned about property owners and how they can use their land and developers have to work, they have to work around that. That's part of the process and I don't want that compromise. So I'll leave it at that. Mayor Furlong: I think the, thank you. I think as I left this, and I think it goes back to the question raised by Councilwoman Tjornhom, and with that chart, I think what we're getting into when we've got nearly 70% of the current wetlands and their current ordinance have a set, a buffer, excuse me, of 16 1/2 percent and under this new ordinance we're going to have 5% with that same level. That tells me we're increasing the buffer over approximately 65% of the wetlands, just in that area. The other thing that I saw here, and Councilman Litsey brought it up, was the, what I view as an incentive, which our current ordinance doesn't allow accessory structures within the setback area. Here and, accessory structures are swing sets or those types of things. From a use of the backyard, people like to have the swing set generally in the back yard versus the side yard or the front yard. We have a number of properties in the city, property owners that are, come up to a wetland. May not have a buffer there or may have a buffer less than our current, this proposed ordinance, and again which would increase the buffer from our current, and there's an incentive now for someone if they want to get accessory structures back in the back yard, the incentive is okay, you've got to put a buffer in place and dedicate the buffer so this ordinance has the opportunity to create incentives for people to increase buffers on existing plats, existing developments that doesn't exist right now. That's something that I think is very important. It's a way to incentivize property owners to try to improve the wetland shoreline, and to increase buffers. I mean I think what's coming up here when you get it all down is we've got a balance, and I think you used that word, of balancing the public interest in terms of protecting and improving our natural resources with the property owners likes and desires for reasonable use and enjoyment. And any time you're dealing with those types of questions, you're going to have some differences of opinion and how far should we go? Are we going too far? Are we not going far enough? I think the other thing I'm hearing here, and getting back to it is, you know sometimes in St. Paul or Washington D.C. someone proposes a 10% increase in spending and they end up with a 5% increase and somehow that's a cut because you didn't go all the way to the 10. Well I think you still went up the 5 and we're doing that again for the vast majority of wetlands, we're increasing that buffer and so I think you know this is not something that is every 37 66 City Council Meeting - May 14, 2007 finished. It's something that evolves as cities grow and as information comes out, but overall I think it's an issue of again, balancing that public interest of protecting and improving our natural resources with the private property rights of reasonable use and enjoyment and so I think that we have discussed this, as you said, this was, it first came to the council in January. To Mr. Donen's comments about going back, I mean if we went back every time council made a change we'd never get anything done. It's the first time the council gets to look at it after it goes through that process, and that's why it's very important that people come to the public hearings at the Planning Commission and participate in the process. So I think here we are in May. We've been dealing with this since January. It's been well publicized what we're been working on throughout that time and even to the point that two council meetings ago when this first came to our council, and I think Councilman Peterson proposed we table it to bring it back to work session, which we did last time, and there was agreement from the majority of the council to come forward again so my sense is, unless there's a desire to table or change, that we move forward at this point. But certainly if there's. Councilman Litsey: Well I agree that council's done a lot of good things over the last few months in regards to this and staff has too and it's been a real educational process, so the things up to this tonight that we've done, outside of this latest, this change that I've alluded to, I think they're good things and I think they represent actually compromise on my part. I had some issues with outstanding classification. Whether that should be more or not, and preserve something. I understand so there's been a give and take. I think we've got a chance here to get it right and I think your point's well taken that this evolved over time, but I don't think you go from one extreme to the other if you're going to do it. I think you go in increments then and say, okay let's try what was proposed by staff and if we find that's too cumbersome on developers or homeowners or there's a lot of feedback on that, then let's adjust it but you can't go backwards once you've approved those things and it's, we're talking about the environment here. I think we're setting a direction for the future and this has become kind of a passion of mine but I just, I think we stay with staff recommendations. They're learning in this. I think they're guiding us correctly. The rest of it I agree with so. Mayor Furlong: Alright, thank you. Is there any other discussion? Councilwoman Tjornhom: I just want to have it spelled out clearly that we are not reducing it, and I think maybe there's some misunderstanding about that. We're not taking the current classifications and standards and cutting them. I mean we're adding to them. If you do any reading of our packets, I think a brief history was is that as a city we were on the cutting edge way back with our setback and I think we've been a leader every since with protecting our wetlands and trying to do all we can for our lakes and keep everyone's enjoyment of their property also in mind and so I, I, when I support this tonight again I'm not cutting back on setbacks. We are adding to the strict standards we already have in place. Mayor Furlong: Okay, thank you. Any other comments? No? I think we've done with public comments, unless it's, I mean what is the issue? For what purpose? Steve Donen from the audience asked to speak publicly again on this item. 38 67 City Council Meeting - May 14, 2007 Councilman Litsey: I'd like to hear. Steve Donen: If I can't I can't, but I'd like to. Mayor Furlong: No, that's fine. Steve Donen: Steve Donen, 7341 Frontier Trail. Okay. This is what I came here originally to tell you so here it goes. I represent the Lotus Lake Clean Water Organization. We have 125 voting members from Chanhassen. We're made up of lakeshore owners. We're made up of watershed, people in the watershed and we're worried about, and we also, people who use Lotus Lake. We appreciate the effort, as I said earlier, both staff and the council in regards to this wetland ordinance. We appreciate the efforts that you guys have done. This ordinance gives us an opportunity to improve our ability to protect our precious natural resources, our wetlands, which in the end protect our lakes, because wetlands usually drain towards the lake and if they're in good shape, the lakes are in better shape. Regarding this ordinance tonight, staff made a recommendation for buffer distance between developments. The City Council has asked them to reduce them. I understand that this was, they came back with a second go around today, you still increased over what we did previously. What staff came forward with when they originally did this was a larger than what you're talking about tonight. Okay, they've done all the studies. I did the studies too and I would have to say the numbers that came with previously were the correct numbers, okay. They did a nice job on that, okay. So I'd like to, the structure setbacks aren't a big deal because they don't affect the water quality. It has less of an impact. It gives people a nice yard to use and we can put, small structures in to use it but the buffers are the important thing, okay. I have completed my search of data, as you all know I tend to do that every now and then. It appears and whether it's in Ohio or Washington or anywhere else, that 25 to 35 feet seems to be around the norm. Okay. There are exceptions. There are lower and there are higher and sometimes that's because it's a quarter of an acre wetland versus a 300 square miles of wetland, okay, but in the realm we're talking about 25 to 35 feet. In Ohio for example they do 75 to 120 feet okay, as their standards and they've done a lot of work on that. A study by the Minnehaha Watershed District in 2001 showed that anything less than 50 feet seemed to have minimal affect, okay. So Minnehaha's analysis of this issue said 50 feet was the right answer. Okay? And I haven't been able to get a copy of that yet. The staff report came out on Thursday so I haven't had a chance to get a copy of that for that 2001 study, okay. The minimum standards that you guys talked about in that, and you guys didn't refer to that…okay. The Minnesota Routine Assessment Method recommends 25 feet for Manage 3. They did this because that's about the right number. Okay. 16's a low but it seems like the right number. Okay. So we've got said analysis that says 25 feet's the right answer. I mean it seems like a reasonable answer, okay. To what's been done in the past. Other places. If you go to your report for example you'll notice that Woodbury, okay is 25/25. Woodbury's a lot like us. They're a growing community, okay and they have, and they live close to a big river, okay. And they're 25/25. You look at this you'll see that Eden Prairie is a 25 foot buffer, okay. See that? Now you can look at Plymouth and it has 15/10 so I called Plymouth. Guess what? Plymouth's ordinance is 12 years old, okay. They told me they want to get it updated too. Okay. 25 foot seems like a reasonable approach, and it was originally the staff recommendation. Okay. We've actually reduced those numbers from their original recommendation. Not from what we're doing today, by 20%. 20-25% depending on what your number is, okay. So we have reduced what staff originally 39 68 City Council Meeting - May 14, 2007 recommended, okay. For what reason I'm really not sure beyond maybe some developers won't be able to develop their land. I don't know the details as to why. We get the same thing with being 25 feet. Somebody wants to build their little structure and they want to increase it 25 feet, that's good right? So our recommendation, as the Lotus Lake Clean Water Organization, was either to keep the minimum of 25 feet so they're all 25 feet in those manage areas, or do the 30/25/20, which is what the original staff recommendation was. Okay. Our reduction it might not seem like very much from that but they are 20 to 25% of the area, okay. Or move 5 feet, that's 25% of the distance that you moved from the original report. We are recommending again that we follow the Woodbury recommendations. It's a growing community. Has a lot of opportunity for growth. We have a lot of opportunity for growth in our community and it's going to grow. We know it is. It's a wonderful place to live. We have plenty of undeveloped land and can make these minor modifications with a very low affect on development and growth opportunities without doing more damage to our wetlands. We do not, again we as a group, we're not against development. We like development. We just want to do it responsibly. Okay. I think we can take a little bit, 5 more feet on this thing and be where we want to be. Okay. So let's reduce the structure setback a third. 300%, okay. That the unusual ones, it doesn't make a difference but let's get our minimum of 25 feet or do the original staff recommendation. Mayor Furlong: Okay, thank you. Okay, thank you. Any other comments? On this. If not is there a motion? Councilwoman Ernst: I have a comment and a motion. Mayor Furlong: Okay. And then before you get to your motion, let me make a suggestion so go ahead. Councilwoman Ernst: I would just like to thank staff for all their hard work that they've done on this because I know that they have and I, from staff I've not heard of any negative impacts on the new recommendations that actually staff is recommending as part of the action tonight. And I think it also allows our property owners more flexibility at the same time. I think it's a win/win for everyone and that's actually my comment that I wanted to make before I make the motion. Mayor Furlong: Thank you. Just real quick, there were a number of repeated comments and recommendations so I don't think we need to go into it because a lot of the issues that have been raised I think through this discussion have also been addressed. The one recommendation I would make in terms of the motion is, suggest that we consider the, when I get to it here, that we consider the motion on the ordinance separately from the motion approving the summary ordinances for publication purposes. So. Councilwoman Ernst: I'm not sure what you want. Mayor Furlong: So the first motion would be dealing with the ordinance alone. Councilwoman Ernst: Oh yeah, that's the one I was on. Mayor Furlong: Do you have that page? What page number is that? 40 69 City Council Meeting - May 14, 2007 Councilwoman Tjornhom: 3 of 3. Mayor Furlong: Thank you. Councilwoman Ernst: Make a motion that we adopt the ordinance 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. Mayor Furlong: Okay, thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? Councilman Litsey: I'll just say that if this passes I think it's a poor policy decision that will have ramifications, future ramifications for this city that are hard to measure but I think they'll be apparent when it's too late to correct them so I'll leave it at that. Mayor Furlong: Any other discussion on the motion? Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve 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. All voted in favor, except Councilman Litsey who opposed, and the motion carried with a vote of 3 to 1. Mayor Furlong: That motion prevails. Is there a motion with regard to approving the summary ordinances. Councilwoman Ernst: That we approve the summary ordinances for Chapters 1 and 20 for publication purposes. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Any discussion? Councilman Litsey: Want to use this technicality, I can't even say the word, technicality as a protest. I'll go along with doing this so. Mayor Furlong: Any other discussion? Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve the summary ordinances for publication purposes amending Chapters 1 and 20 of 41 70 City Council Meeting - May 14, 2007 the City Code to bring the code into compliance with the City's Second Generation Surface Water Management Plan. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Mayor Furlong: Any council presentations? I'd like to extend my thanks and appreciation to city staff, especially Ms. Haak and others that were out at Lake Ann this weekend. We had a number of members from city staff. The ones that I'm aware that were there included members from the planning department, administration department, park and recs. I think we had others as well so a number of staff volunteering their time. We also had a number of employees and their families from General Mills come out and plant rain gardens and the plants in the rain gardens. We've talked a lot about storm water management and some of which came up earlier this evening. We, oh as our park system develops, especially Lake Ann Park, developed before there was a lot of the current practices with regards to storm water management. When the city upgraded and expanded the parking and roads last year, one of the components was to include rain gardens to help reduce the rate and increase the quality of runoff from the park, from our own park into Lake Ann and so our staff and volunteers were out there planting hundreds of plants, and I know they made good progress. They're going to be out there again this Thursday I understand. Lori Haak: If I might extend the invitation to the City Council as well as the members of the public present, as well as those still tuned in on cable channel 8. We will be out planting the remainder of those plants. We've got about 1,300 in the ground on Saturday and we'll be putting the remaining about 600 in the ground this coming Thursday evening from, or afternoon to evening, from 1:00 p.m. until 8:00 p.m. or the last plant is in the ground. And so anyone who's interested can certainly contact me. I'd be happy to share some additional details with them. Mayor Furlong: Good. Thank you for heading up that project and again our thanks to all the volunteers, whether city staff or the General Mills employees and their families that were out there en masse working on this project so I thank you. Any other council presentations? No? Administrative presentations Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Well as we're handing out thank you's, I want to thank the mayor. He gave a presentation to about 20 chamber members last Thursday morning at 7:00 in the morning. It's called Breakfast with the Chamber and really I call it kind of the State of the City. Updated those 20 members on what's going on in the city and some future projects. The comp plan update and did an excellent job. I think he was very well received by those 20 people. You did a great job and thank you for doing that. Mayor Furlong: Thank you. Todd Gerhardt: Second thing is we were going to go meet and talk on hook-up's and some changes to that. I've asked Jessica to go home due to the hour and that we'll get this on a future 42 71 City Council Meeting - May 14, 2007 agenda. It's not time sensitive so you know as we move ahead here, I just thought that was a good decision and thanked her for coming in and you might get a little extra bill there but you know due to the hour I asked her to go home. Mayor Furlong: Without objection. Todd Gerhardt: Thought so. Councilman Litsey: Second that decision. Todd Gerhardt: So that's all I had. Mayor Furlong: Okay, thank you. Any questions for Mr. Gerhardt, or other comments? Councilman Litsey: I'd just like to make one comment. I do appreciate Mayor all the functions that you have to attend. I never realize how many there were that you attend on our behalf until I got into this position and our paths have crossed a few times at some of these functions. I do very much, you do a good job representing the community and very much appreciate that. Mayor Furlong: Thank you. Thank you very much. Any other questions? CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman Litsey seconded to adjourn the City Council meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 9:30 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 43 72 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 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 1b To Todd Gerhardt City Manager From Laurie Hokkanen Assistant City Manage Date May 23 2007 02YReLodgingTax BACKGROUND The Chanhassen Chamber of Commerce was present at the May 9 worksession to discuss implementing a citywide 3 Lodging Tax At that meeting Linda Walton President and Mark Halla Board member presented various items which are attached Letter from Linda Walton explaining the proposal MN Statute authorizing the City to implement such a tax Survey of other metro communities with lodging tax in place Projected Annual Marketing Budget The Chamber has met with all area hotels and with the exception of one hotel each has said they support the Lodging Tax The one hotel that is not in favor of the Lodging Tax has said that they will not oppose the efforts to implement the Tax The Lodging Tax applies a 3 tax to hotel stays This tax mainly applies to visitors of the community Residents would be affected only if they stayed in a Chanhassen hotel Under this agreement 95 5 retained by city for administration efforts and costs of the proceeds of the tax would be used to fund the Chanhassen Are Chamber of Commerce and Visitors Bureau CVB The CVB would be required to do the following Maintain a member of city staff as a voting member of the governing body Provide the city with a copy of the annual budget and marketing plan Provide the city with an executive summary of funds received and expended within 60 days of the end of the fiscal year If approved this tax would go into effect beginning on August 1 2007 RECOMMENDATION In order for the Lodging Tax to be implemented the City Council must adopt the attached Ordinance Staff recommends approval of this item This item requires a majority vote for approval The City ot 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 play G Admin LH Chamber of CommerceLodging Tax Ordinance Staff Report doc 73 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING THE CHANHASSEN CITY CODE CONCERNING THE IMPLEMENTATION OF A LODGING TAX THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS SECTION 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 SECTION 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 effective beginning August 1 2007 SECTION 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 SECTION 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 8 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 107770 02 RNK 0827 2003 74 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 SECTION 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 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 SECTION 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 SECTION 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 107770 02 RNK 08 2712003 75 annum SECTION 8 PENALlTIES 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 SECTION 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 SECTION 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 The CVB shall be obligated to 1 maintain a member of City staff as a voting member of its governing body 2 to provide the City with the annual CVB budget and marketing plan prior to first day of the fiscal year and 3 to provide an executive summary describing funds received and expended for the fiscal year within 60 days of the end of the fiscal year In the event that an audit of the CVB is performed the city will be provided with a copy of said audit within 30 days of receipt by the CVB 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 SECTION 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 107770 02 RNK 0812712003 76 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 ATTEST Todd Gerhardt City Manager Thomas A Furlong Mayor 107nO 02 RNK 08 27 2003 77 CHANHA55EN IPllE R OF CoMMERCE VISITORS BmAll 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 78 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 OutdoorlWildlife 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 79 469 190 Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes State of Minnesota 469 190 LOCAL LODGING TAX Subdivision 1 rizatiQY Notwithstanding section 477A 016 or any other law a statutory or home rule charter city may by ordinance 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 Pi ipsition ofprsJj 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 localcoriyerition 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 of the 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 80 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 ajoint exercise of powers agreement pursuant to section 471 59 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 81 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 82 Projected Annual Tourism MarketingBudget Year 1 Chanhassen Area Chamber of Commerce Visitors Bureau Income Hotel Motel Tax 220 000 00 Interest Income 1 200 00 Total Income 221 200 00 Expense Meetings 500 00 TraininoTuitions 800 00 Accountino 4 200 00 Office Supplies 1 700 00 Dues Membeships 1 500 00 Travel Lodging 2 500 00 Postaoe 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 Liabilitv 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 15400 00 Total Marketing Expense 124 527 00 Total Expenses 220 010 00 First Year One Time Expensl 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 83 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 952227 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 WWVI ci chanhassen mn us lc MEMORANDUM TO Todd Gerhardt City Manger FROM Bob Generous Senior Planner DATE May 29 2007 SUBJ Adoption of Ordinance Chapter 20 Chanhassen City Code Zoning ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment BACKGROUND In administering the City Code staff has discovered some issues and omissions that need to be addressed Our overall intent is to try to make the code easier to understand and use The proposed changes to Chapter 20 were reviewed by the Chanhassen Planning Commission on May 15 2007 The Planning Commission tabled the review of the fa ade transparency requirement for additional work However the Planning Commission voted unanimously 7 0 to recommend approval of the balance of the ordinance amendments The Planning Commission minutes for May 15 2007 are attached SUMMARY Staff believes that these changes are primarily administrative rather than substantive in nature and is recommending approval of the amendment RECOMMENDA TION Staff and the Planning Commission recommend that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code ATTACHMENTS 1 Planning Commission Minutes dated May 15 2007 2 Planning Commission Staff Report dated May 15 2007 3 Ordinance Amending Chapter 20 Chanhassen City Code g plan bg city code cc memo ch 20 may 2007 doc The City 01 Chanhassen A growing community with clean lakes quality schools a chamning downtown thriving businesses winding trails and beautiful parks A great place to live work and play84 19 The plans must be modified so that the wall is a minimum of 15 feet from the storm sewer 20 The property owner must sign an encroachment agreement for the western retaining wall 21 The developer s engineer must submit a sketch verifying that construction of the retaining wall on the east side of the property will not compromise the tree preservation area within Outlot C 22 The contractor must call the City to inspect the connection to the sanitary sewer manhole 23 The buildings are required to have an automatic fire extinguishing system 24 The plans must be prepared and signed by design professionals licensed in the State of Minnesota 25 Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction 26 As a condition of granting the variance the total signage area including the logo area shall not exceed the total area allowed for signage under the ordinance All voted in favor and the motion carried unanimously with a vote of 6 to O Mark Undestad excused himself from this item due to a conflict of interest PUBLIC HEARING ORDINANCE AMENDMENTS TO CHAPTER 20 ZONING CHANHASSEN CITY CODE Generous Thank you Mr Chairman commissioners Some of these are more our housekeeping measures like Section 20 5 from the ordinance specifies all the arterial and collector roads in the city We just added Bluff Creek Boulevard and we re recommending that it be included in the list The second amendment is to Section 20 258 Under the licensing section of the ordinance we permit golf courses to have liquor licenses but under the CUP standards we didn t permit it for golf courses only driving ranges and so we wanted to have it all consistent and in the same language so we re recommending that that be added to Section 20 258 subsection 7 The third issue is in all our commercial industrial districts we discovered that when we cite the landscaping ordinance we through re codification of the ordinance we missed the citations changed and so the numbers weren t there They were now and so rather than cite a specific number we re going to try to cite the entire Article and Division that deals with landscaping and tree preservation and specifically the landscaping standards with setbacks adjacent to parking lots and required standards for plantings So that affects the neighborhood business district the highway and business services district the general business district the fringe business district the office and institutional district and the industrial office park districts so we d make the same change to all of those Under Accessory structures Section 20 904 Currently we limit the size of accessory structures for properties that are single family residential to 1 000 square feet What 20 85 we ve been running into is a lot of people that have A 2 property that is no longer farmed are coming in and building 2 000 3 000 square foot accessory structures for their home and then they start to run businesses out of them which is prohibited under our ordinance We believe that if we limit the size of the accessory structure we would hopefully contain some of that Existing farmsteads ifthey want to continue in the community other existing accessory structures will be grandfathered in so they can keep them Maintain them Replace them if they bum down to anything And they would have to come through the variance Long term we don t anticipate that Chanhassen will remain an agricultural community So we re requiring that we added the A2 which is the Agricultural Estate the RR which is Rural Residential and the Residential Low and Medium Density Districts to this standard Papke Now is this for an individual accessory structure What if I build 2 or 3 of them Generous They re cumulative so you wouldn t be able to go over Papke Is that clear from the way this is written here Because this reads the accessory structures shall not exceed I could ostensibly read that to say that well each of the individual structure Generous I should say it s been interpreted that it s a cumulative We ll now we can be specific that Papke I think that would be good Keefe I agree Generous total accessory structure shall not be more than McDonald Or you could just say the cumulative square feet shall not exceed 1 000 square feet Generous Or cumulative square feet shall not exceed 1 000 square feet Larson 1 000 or 2 000 Generous 1 000 So we wouldn t change the that s the way we ve been interpreting this And the other stuff is justSection 20 1024 We permit barbed wire in agricultural districts and not the electric fences for keeping their cattle on the property so we wanted to put that in We have some in the community Papke But would this include like equestrian lots Rural residential RR type lots Would this prohibit Generous If they re in the RR district not it s only in the A2 Agricultural RR is considered residential 21 86 Papke Yeah it s rural residential so I m just clarifying So just to make sure I understand so that the equestrian places down along Pioneer Trail or 98th down there any of those I think there s a couple of those that have electric fences Would they be grandfathered in Generous The existing ones would be grandfathered Keefe Well didn tthis come up on the Arboretum property on the north side They have a fence on the north side to separate them from Westwood and Generous Yes it s existing Keefe Is this part of where this came out of or Generous It was for we were looking at existing farmsteads that once had cattle Our ordinance actually doesn t address Papke You don t need to answer it now If you can just follow up on it later Ijust wanted to make sure I understood what the spirit was Generous The next item the fa ade transparency issue that came out of the Heartland building when we were talking about should we not require so this is what we drafted up for it I put a lot of information in there Papke Yeah it s pretty tough to pass through that I mean what are we really saying here Generous What we re saying then is if you have a building that was approved and built prior to September 24 2001 that you have some relief from this standard as long as you at a minimum maintain the architectural detailing that was approved as a part of that So if you have windows and signage and things like that as long as you keep that you could reduce the 50 requirement We would always encourage people to provide as many windows as they could Additionally the second part so that s where existing McDonald Before you go on Does that get to the issue that we raised earlier about the variances we ve been issuing on these buildings about the 50 Generous It wouldn t do it for the new for that one that just came in because that was because they were showing it was due to site constraints in that case Papke But it would have addressed the Heartland Generous It would address the Heartland because they did they matched That s partially what the second paragraph deals with It s due to the function of the building or the interior of the building that it s possible or it s not really that windows would be appropriate then we d reduce it 22 87 Papke Bob the way this is written it almost seems to infer that all this applies only to buildings you know put in before September 24 2001 Do you only intend that the first paragraph applies to that and then paragraphs 2 and 3 apply to new construction Generous Right Papke You might want to make that more explicit because as I was reading this that didn t pop out at all in my brain I thought the whole thing was just for grandfathering Generous No the intent was to make it separate This part would apply to the existing buildings and again we tried to point out whether the real windows work while a freezer in a convenience store you wouldn t want to put a glass window in so those are architectural things that we would require them to do on a regular window Right now those are technically prohibited Would need a variance So we can get all the architectural detailing that we want and that s the third paragraph that s all that deals with architectural features that you can incorporate in a building to help make up for the lack of actual windows and doors So when a freezer is Kwik Trip that s all they have is a freezer and a window Plus they didn t have the same standards at the time that you know it could happen again Mechanical room McDonald To follow up on what Commissioner Papke brought up I am also confused in reading that because we re talking about for buildings that were built prior to September 24 2001 We have these standards but they re already built so I m confused why are we doing that There s nothing that says at a date going forward this is the new stuff And I think your intent is yeah we re trying to address issues that have come up in the past and going forward we re trying to give people a little bit more leeway or freedom or you know ways to design things if I m hearing you Im not sure this is what that says Generous If they can yes And if they can t meet the standard because of the actual function of the building McDonald Okay Generous And that s what I was trying to get at through this McDonald I again look at it I mean Mark is a developer What would you think about this kind of wording Is this confusing as far as going forward You know do we need to go into a little bit more detail Undestad I mean I kind of understand it McDonald I mean Im not a developer and I m not you know someone but just reading this I would agree on I m not sure that going forward whats the purpose of putting in 2001 That s where I get confused and I see nothing that says going forward you know from April 2007 these new standards would apply to any new buildings 23 88 Generous Would it be clear if that paragraph went up as part of the first paragraph 50 transparency Where we said this is the standard But where you can t do it because of these circumstances Papke I think he just stated you know get somebody else to take a look at these and you know when it s not 10 00 at night McDonald Yeah I agree You need to look at it because we re confused and I guess our concern is would someone else be confused about this and yeah we would like some clarity We understand what you want but we re not sure we re reading that We agree with your intent it s just Generous Yeah we can even hold that back and I think I ve got the gist you wantand like I said the last paragraph just provides some direction I think for architectural detailing It would be acceptable alternatives and ordinance Then Section 20 1265 This is one that came up We had some interior windows signage open Signs that were flashing and we got people to turn them off and we just wanted to put language in our ordinance that was very specific that you couldn t do that Keefe Excessively bright is kind of non specific Generous And I was going back and forth on that That s from existing language on the nuisance section and I don t know how you do the standard Definitely if the flashing and blinking everyone can agree on that Excessively bright that s more subjective and we did it with the mattress building because technically there s no standard but we said that s really a nuisance It s too bright and we were able to get them to turn down the voltage on the signage and reduce the glow in the night to that Larson Does this only apply to commercial Generous Window size Larson Well lights in general I have a neighbor that s got like down the stairs and down this way it looks like an airport Is that Generous Yeah then you get into the nuisance There s a specific ordinance Larson Oh I would never say anything but it s just sort of like Generous The intent was to address commercial The next amendment is Section 20 1452 This is pointed out by when we amended our ordinance we deleted the heading that those were implied and so this clarifies that and this is where it applies And then Section 20 1513 came out of the tower discussion What happens if you re close to a residential neighborhood and we tried to come up with numbers How close would you want to be if their equipment to be in a building as opposed to on a platform and so we came up with this standard there If you re within 150 feet of an actual building then it would have to be in a building And that s it And 24 89 the attachment is actually the ordinance We recommend that that be adopted and if you want me to just we can delete that one section that deals with fac ade transparency we can handle that separately or table the whole thing McDonald Are you in favor of tabling it and having him bring it back when we can have a better opportunity to go through it yeah Papke Yeah That way we can just Generous People might add extra things butthen they say oh by the way Larson Don ttell anyone McDonald Well I take it that the commissioners as we went through we kind of questioned No one has any additional questions on this This is a public meeting so at that point I would open this up to the public and anyone that wanted to come forward and make comment on any of this please do so and again step to the podium State your name and address to commissioners Debbie Lloyd Was this a public hearing on this McDonald Yes Debbie Lloyd You re kidding McDonald No Debbie Lloyd There was not an adequate notice on this because these Debbie Lloyd 7302 Laredo Drive I contend there was not adequate notice on these changes because I got forward Bluff Creek Boulevard Was this in your packet for tonight McDonald Yes Generous It was noticed in the paper too It didn t specify the sections It just noticed that amendments to Chapter 20 Debbie Lloyd And this deal about the setback from the Highway 5 Generous Oh yes Debbie Lloyd When did all this happen Generous Well we were initially we were going to do it last time but I didn t get the notice to the paper in time to have the 10 day notice prior to the hearing Dillon So what s the issue 25 90 Debbie Lloyd Bob knows that I ve been harping on a couple of these things so I m really surprised to see it here tonight because I haven tyou know Dillon Well do we know what you re harping about Debbie Lloyd Bob does The City does Keefe Well if there s adequate notice I mean which is what you were questioning right Debbie Lloyd Yeah McDonald If the issue is notice Debbie Lloyd I guess I do want to do a little research on the history of one of these and that s what I want to do McDonald Then at that point you have opportunity at the City Council Debbie Lloyd I m sorry McDonald At that point then you would have an opportunity at the City Council Debbie Lloyd Correct I know the procedure thank you McDonald Okay Does anyone else wish to come up to make comment Seeing no one else step forward we ll close the public meeting I ll bring it back for the commissioners for any discussion and debate Dan Mark Debbie Kathleen Kevin Dillon No comments McDonald Kurt Then I would be willing to accept a motion from the commissioners I guess the motion is to accept Papke Go ahead Keefe The Chanhassen Planning Commission recommends the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code with I guess an amendment to table the proposed change for Section 20 1068 I believe that was the one right McDonald Do we have a second Larson Second McDonald Okay 26 91 Keefe moved Larson seconded that the Chanhassen Planning Commission recommend that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code and table Section 20 1068 All voted in favor and the motion carried unanimously with a vote of 7 to O APPROVAL OF MINUTES Commissioner Papke noted the summary minutes of the Planning Commission meeting dated April 17 2007 Chairman McDonald adjourned the Planning Commission meeting at 9 40 p m Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 27 92 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 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 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Planning Commission FROM Bob Generous Senior Planner DATE May 15 2007 SUBJ Potential Zoning Ordinance Amendments Chapter 20 of the Chanhassen City Code The Planning Commission has review responsibility for Chapter 20 A public hearing is required to make changes in these chapters We are requesting that the Planning Commission review the proposed revisions to Chapter 20 and recommend an ordinance amendment incorporating the changes Staff has prepared a strike through delete and bold add format to review the proposed changes ISSUE Since the last City Code update the city has added Bluff Creek Boulevard as a collector road within the 2005 MUSA However the code does not recognize this roadway as a collector road Sec 20 5 Identification of arterial and collector streets For purposes of this chapter the following are identified as arterial and collector streets Arterial Streets County Road 14 Pioneer Trail County Road 17 Powers Boulevard County Road 17 Audubon Road south of Lyman Boulevard County Road 18 Lyman Boulevard west of Trunk Highway 101 County Road 19 Galpin Boulevard south ofT H 5 Trunk Highway 5 Trunk Highway 7 Trunk Highway 41 Trunk Highway 10 1 Trunk Highway 169 Trunk Highway 212 Collector Streets Audubon Road north of Lyman Boulevard Bluff Creek Boulevard Bluff Creek Drive Century Boulevard from West 78th St to 82nd St Coulter Boulevard County Road 117 Galpin Boulevard north ofT H 5 Dell Road south of Trunk Highway 5 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 play93 Planning Commission May 15 2007 Page 2 of 12 Kerber Boulevard Lake Drive Lake Drive East Lake Drive West Lake Lucy Road Longacres Drive Lyman Boulevard east of Trunk Highway 101 Market Boulevard Minnewashta Parkway Pleasant View Road West 78th Street PROPOSED CHANGE Add Bluff Creek Boulevard within the list of designated collector roadways ISSUE The language is inconsistent between golf courses and golf driving ranges and Chapter 10 dealing with liquor licenses Sec 20 258 Golf course 1 Hours of operation shall be from sunrise to sunset 2 Soil must be tested to determine fertilizing requirements If necessary the applicantowner lessee shall use slow release fertilizers applied at low rates or only as needed use natural organic fertilizers whenever possible The use of fertilizers shall be prohibited within the floodplain Only phosphorous free fertilizers shall be used 3 The applicant owner lessee shall apply pesticides only when needed Use products that are most effective target specific and present the least hazards to people wildlife and the environment 4 The applicant ownerlessee shall apply for and obtain permits from the appropriate regulatory agencies i e Minnesota Pollution Control Agency Minnesota Department of Health Minnesota Department ofNatural Resources Army Corps of Engineers and Minnesota Department ofTransportation and comply with their conditions of approval 5 Annual reports of fertilizer use shall be provided to the city 6 A clubhouse may be permitted on the site The clubhouse must be shown on the site plan and must comply with all building and zoning requirements 7 A retail pro shop is permitted within the clubhouse Retail operations shall not occupy more than 20 percent of one floor A 3 2 malt liquor license is allowed provided the applicant applies and receives approval of a liquor license in accordance with City Code Retail sales are limited to food beverages and golf related items 8 All maintenance and other equipment must be kept in a screened storage area 9 The golf course must be accessed from a collector or arterial roadway 10 The site design shall minimize golf ball hazards 11 Hours ofmaintenance operation shall be limited to sunrise to sunset 12 No outside speaker systems shall be allowed without approval from the city council 13 A water consumption and use study must be submitted to the city for review Sec 20 259 Golf driving ranges The following applies to golf driving ranges with or without a miniature golf course 94 Planning Commission May 15 2007 Page 3 of 12 1 The location ofthe driving range is limited to being adjacent to TH 5 and TH 212 and access must be from a collector or arterial which leads to TH 5 or TH 212 2 Hours of operation shall be from sunrise to sunset 3 Provision of adequate parking areas and submission oflandscaping plan shall be in conformance with article VIII of this chapter 4 No site shall be located within 500 feet of a single family residence 5 Buildings on the site may not exceed 800 square feet and shall be painted in earth tones 6 A retail pro shop is permitted Only prepackaged food may be sold with no commercial cooking appliance allowed A 3 2 malt liquor license is allowed provided the applicant applies and receives approval of a liquor license in accordance with City Code Retail sales are limited to golf related items and the pro shop PROPOSED CHANGE Amend section 20 258 7 to incorporate the malt liquor provision as specified in section 20 259 6 consistent with the licensing standards of Chapter 10 ISSUE Incorrect citation for landscaping requirements adjacent to off street parking areas Sections 20 1191 and 20 1192 do not exist BN NEIGHBORHOOD BUSINESS DISTRICT Section 20 695 6 Off street parking shall comply with district setback requirements except a There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 sections 20 1191 and 20 1192 pertaining to landscaping requirements b There is no minimum setback when it abuts without being separated by a street another off street parking area c The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right of way d The minimum setback is 25 feet for side street side yards e Parking setbacks along public rights of way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that one hundred percent screening is provided at least five feet above the adjacent parking lot The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically Acceptable screening is to be comprised ofberming and landscaping Screening through the use of fencing is not permitted BH HIGHWAY AND BUSINESS SERVICES DISTRICT Section 20 715 6 Off street parking shall comply with district setback requirements except 95 Planning Commission May 15 2007 Page 4 of 12 a There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 sections 20 1191 and 20 1192 pertaining to landscaping requirements b There is no minimum setback when it abuts without being separated by a street another off street parking area c The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right of way d The minimum setback is 25 feet for side street side yards e Parking setbacks along public rights of way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that one hundred percent screening is provided at least five feet above the adjacent parking lot The intent ofthis section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically Acceptable screening is to be comprised ofberming and landscaping Screening through the use of fencing is not permitted BG GENERAL BUSINESS DISTRICT Section 20 755 5 Off street parking shall comply with district setback requirements except a There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 sections 20 1191 and 20 1192 pertaining to landscaping requirements b There is no minimum setback when it abuts without being separated by a street another off street parking area c The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right of way d The minimum setback is 25 feet for side street side yards e Parking setbacks along public rights of way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that one hundred percent screening is provided at least five feet above the adjacent parking lot The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and ofhigh quality aesthetically Acceptable screening is to be comprised ofberming and landscaping Screening through the use of fencing is not permitted BF FRINGE BUSINESS DISTRICT Section 20 774 5 Off street parking shall comply with district setback requirements except Off street parking shall comply with district setback requirements except 96 Planning Commission May 15 2007 Page 5 of 12 a There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 sections 20 1191 and 20 1192 pertaining to landscaping requirements b There is no minimum setback when it abuts without being separated by a street another off street parking area c The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right of way d The minimum setback is 25 feet for side street side yards e Parking setbacks along public rights of way may be reduced to a minimum often feet if the applicant can demonstrate to the satisfaction of the city that one hundred percent screening is provided at least five feet above the adjacent parking lot The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically Acceptable screening is to be comprised ofbenning and landscaping Screening through the use of fencing is not pennitted or OFFICE AND INSTITUTIONAL DISTRICT Section 20 795 5 Off street parking shall comply with district setback requirements except a There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 seotions 20 1191 and 20 1192 pertaining to landscaping requirements b There is no minimum setback when it abuts without being separated by a street another off street parking area c The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right of way d The minimum setback is 25 feet for side street side yards e Parking setbacks along public rights of way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that one hundred percent screening is provided at least five feet above the adjacent parking lot The intent ofthis section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and ofhigh quality aesthetically Acceptable screening is to be comprised ofbenning and landscaping Screening through the use of fencing is not pennitted lOP INDUSTRIAL OFFICE PARK DISTRICT Section 20 815 5 Off street parking shall comply with district setback requirements except a There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 sections 20 1191 and 20 1192 pertaining to landscaping requirements 97 Planning Commission May 15 2007 Page 6 of 12 b There is no minimum setback when it abuts without being separated by a street another off street parking area c The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right of way d The minimum setback is 25 feet for side street side yards e Parking setbacks along public rights of way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction ofthe city that one hundred percent screening is provided at least five feet above the adjacent parking lot The intent ofthis section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and ofhigh quality aesthetically Acceptable screening is to be comprised ofberming and landscaping Screening through the use of fencing is not permitted PROPOSED CHANGE Amend Sections 20 695 6 a 20 715 6 a 20 755 5 a Section 20 774 5 a 20 795 5 a and 20 815 5 a to incorporate the correct citation ISSUE City code limits the size of accessory structures for properties zoned RSF and R4 but not in the RLM district nor in the A2 and RR zoning districts since they were at one time related to agricultural uses The City s comprehensive plan does not provide for a purely agricultural land use but supports the preservation of this use in greater Carver County As the City continues to grow agricultural uses are being replaced by estate homes What continues to happen is that contractors purchase the property build accessory structures to house their businesses then the City is stuck enforcing the home occupation code which prohibits the use of accessory structures for home occupations In order to address this issue staff is proposing including all districts which permit single family homes within the accessory structure size limitation While this will create non conforming structures on A2 and RR these non conformities would be permitted to stay and be maintained but not enlarged For legitimate agricultural uses this should not affect their continued operation Sec 20 904 Accessory structures a A detached accessory structure except a dock shall be located in the buildable lot area or required rear yard No accessory use or structure in any residential district shall be located in any required front side or rear setback with the following exceptions 1 In the A2 RR RSF RLM and R4 Districts accessory structures shall not exceed 1 000 square feet In the RSF RLM and R4 districts t hese structures may encroach into the rear setback as follows a Less than 140 square feet minimum rear setback is five feet b One hundred forty one to 399 square feet minimum rear setback is ten feet c 400 square feet and above minimum rear setback is 30 feet except in the RLM district where the minimum rear setback is 25 feet 2 On riparian lots detached garages and storage buildings may be located in the front or rear yard but must comply with front side and applicable ordinary high water mark setbacks and may not occupy more than 30 percent of the yard in which it is built 98 Planning Commission May 15 2007 Page 7 of 12 3 Tennis courts and swimming pools may be located in rear yards with aminimum side and rear yard setback often feet but must comply with applicable ordinary high water mark setbacks b A detached accessory structure may occupy not more than 30 percent of the area of any rear yard c For parcels with less than three acres in any residential or agricultural district no accessory structure or use shall be erected constructed or commenced prior to the erection construction or commencement of the principal permitted structure or use but may be erected or commenced simultaneously If the principal structure or use is subsequently removed destroyed or discontinued the accessory structure or use must be removed or discontinued within 12 months PROPOSED CHANGE Staff recommends that section 20 904 a 1 be amended to add the RLM A2 and RR districts to limitation on accessory structure sizes ISSUE Electric fences are not currently regulated Sec 20 1024 Barbed wire and electric fences Barbed wire and electric fences are prohibited in all residential districts Barbed wire and electric fences are permitted in agricultural districts PROPOSED CHANGE Amend section 20 1024 to add electric fences ISSUE s part of the expansion of existing buildings and with the construction of office warehouse buildings the city has encountered difficulties and granted variances from the faQade transparency requirements of section 20 1068 Staff has prepared exceptions for structures built prior to adoption ofthe design standards where the building s use or function precludes the use of windov s in certain areas or on properties vrith multiple street frontages For buildings that were built prior to adoption ofthe ordinance the city will encourage the use of transparent windo s or doors but would permit a relaxation of the requirement if they are at a minimum maintaining the existing patterns and details ofthe existing building architecture For buildings vith a use or function that does not readily alloll l indows e g freezer areas in stores or warehouse or manufacturing spaein industrial buildings we could relax the standards by not requiring the windows at the lower level permitting the use of spandrel glass or architectural detailing which proyides patterning and shadowing that pro lides aesthetic interest reades a series of arches supported on piers or columns Basses a projecting masonry or rook feamre or ornament in a wall Buttresses a projecting support built into or against the outside of a masonry wall Clerestories a portion ofthe wall rising above the adjacent rooftops and having windows Colonnades a series of regularly spaced columns usually supporting one side of aroof structure 99 Planning Commission May 15 2007 Page 8 of 12 Corbeling an o erlapping arrangement ofbricks or stones in which each course steps up vard and outward from the vertical face of a wall Embrasures a small or narrow opening in a lIall Fenestration the design proportioning and disposition of windows and other exterior openings of abuilding Loggias a colonnaded or arcaded space within the body of abuilding but open on one side often at an upper story Lunettes an area in a plane of a lIall framed by an arch or vault which may oontain a windo N Pilasters a shallow rectangular feature projecting from aViall having a oapital and base and architeoturally treated as a column Portals a doorway gate or entrance emphasized by size and architeotural treatment Quoins an exterior angle of a masonry wall or one ofthe stones or bricks forming such an angle usually differentiated from adjoining surfaces by material texture color size or projection See 20 1068 Facade transpareney Fifty percent of the first floor faoade that is viewed by the publio shall be designed to include transparent windows and or doors to minimize expanses of blank walls Reflectieglass is not permitted If the building is a one story design and the first floor elevation exceeds 12 feet then only the first 12 feet in building height shall be inoluded in oalculating the faoade area The remaining 50 percent of the first floor facade that is viev ed by the public shall be designed to include any or all of the fallowing Landscape materials plant material yertioal trellis with vines planter boxes etc rchitectural detailing and articulation that provides texture on the faoade and or parking structure openings For buildings that were built prior to September 24 2001 the city will eneourage the use of transparent wiBdows or doors as part of any building expansion HOlveyer provided the 100 Planning Commission May 15 2007 Page 9 of 12 expansion at a minimum maintains the existing patterns and details of the existing building arehiteeture the proposed expansion would not be required to meet the SO pereent transparency requirement Far buildings with a use or function that does not readily allow windoIseg freezer areas meehanical roams security areas storage areas or warehouse or manufaeturing spaee in commereial or industrial buildings the fenestration standards may be redueed 1I0weyer the arehiteeture detailing must be proyided by the use of upper level indows the use of spandrel glass or arehitectural detailing whieh provides arehes patterning reeesses and shadowing that provide aesthetic interest Architectural detailing may inelude such things as ehange in materials ehange in eolor and ather signifieant yisual relief provided in a manner or at interyals in Ireeping with the size mass and seale of the waD rehiteetural detailing may inelude areades arehes bosses buttresses elerestories eolonnades eolumns eorbeling loggias pilasters portals quoins silos tiling and towers Additional arehiteetural elements may inelude the use of awnings eanopies embrasures lunettes plant boxes reeesses and shutters PROPOSED CHANCE Jllend section 20 1068 to incorporate exceptions to the fac ade transparency requirement ISSUE Flashing or blinking signs visible in windows have been used to attract attention to businesses The use of such signage could circumvent the motion signage requirements in the ordinance Staff is proposing that such signage be specifically addressed as part ofthe window signage requirements Sec 20 1265 General location restrictions a No sign or sign structure shall be closer than ten feet to any lot line Signs shall not be located in the sight distance triangle of any private driveway or access Signs shall not be located in any sight distance triangle of a public intersection b Signs on nonresidential property which are immediately adjacent to residential uses or districts shall be positioned so that the copy is not visible along adjoining side and rear yard property lines c No sign other than governmental signs shall be erected or placed upon any public street right of way or project over public property unless approved by the city and contingent upon an approved encroachment agreement Temporary signs may not be erected or placed in a public easement unless approved by the city No sign shall be placed within any drainage or utility easement without an approved encroachment agreement d Signs shall not create a hazard to the safe efficient movement of vehicular or pedestrian traffic No private sign shall contain words which might be construed as traffic controls such as Stop Caution Warning unless the sign is intended to direct traffic on the premises e No signs guys stays or attachments shall be erected placed or maintained on rocks fences or trees nor interfere with any electric light power telephone or telegraph wires or the supports thereof t No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door window or fire escape No sign or sign structure shall be attached to a standpipe or fire escape 101 Planning Commission May 15 2007 Page 10 of 12 g Window signs shall not cover more than 50 percent of the total window area in which they are located The area of a window sign shall be interpreted as the total window area for that face ofthe building In no case shall the total window sign area exceed the permitted wall sign area defined in this ordinance for said district Buildings with less than 32 square feet of window area are exempt from this provision Signage visible through windows shall not blink flash scroll or have anything but constant illumination when illuminated nor be excessively bright PROPOSED CHANGE Amend section 20 1265 g to address illuminated signage visible through windows ISSUE The additional setback requirements were originally adopted to apply to development west of the existing downtown This was due to the fact that the majority ofthe area east of Powers Boulevard had already been developed under the existing zoning standards but the area west of Powers Boulevard was mostly undeveloped in 1994 Over time the design standards included in the Highway Corridor District were incorporated into the Design Standards for Commercial Industrial and Office Institutional Developments of Chapter 20 Article XXIII Division 7 of the Chanhassen City Code In deleting these standards the clarification as to where the additional setback standards applied was deleted The original language is shown below from Ordinance Number 212 approved July 11 1994 DIVISION 2 HC 2 DISTRICT Sec 20 1460 Purpose and Intent The purpose and intent ofthe HC 2 district is the same as the HC l district with certain modifications to the district standards reflecting that the area within the HC 2 district is not part ofthe City s central business district Sec 20 1461 District Application The HC l district shall be applied to and super imposed overlaid upon all zoning districts as contained herein as existing or amended by the text and map of this ordinance The regulations and requirements imposed by the HC l district shall be in addition to these established for districts which jointly apply Under the joint application of districts the more restrictive requirements shall apply Sec 20 1462 Building and Parking Orientation The building and parking orientation standards for the HC l district shall apply together with the following additional requirements a On building lots that abut Highway 5 directly the minimum building setback from the highway right of way shall be seventy 70 feet The maximum building setback from the highway right of way for all buildings except single family residences shall be one hundred fifty 150 feet No maximum building setback shall apply to single family residences 102 Planning Commission May 15 2007 Page 11 of 12 b On building lots that abut either ofthe access boulevards parallel to Highway 5 the minimum building setback from the boulevard right of way shall be fifty 50 feet The maximum building setback from the boulevard right of way shall be one hundred 100 feet Staff is proposing the following revision 20 1462 Building and parking orientation a On building lots within the HC 2 district that abut Highway 5 directly the minimum building setback from the highway right of way shall be 70 feet The maximum building setback from the highway right of way for all buildings except single family residences shall be 150 feet No maximum building setback shall apply to single family residences b On building lots within the HC 2 district that abut either of the access boulevards parallel to Highway 5 the minimum building setback from the boulevard right of way shall be 50 feet The maximum building setback from the boulevard right of way shall be 100 feet Ord No 212 8 7 11 94 Ord No 377 151 5 24 04 PROPOSED CHANGE Amend section 20 1462 to include the clarification on where the additional setback requirements apply ISSUE Currently there are no standards regarding enclosing accessory utility buildings for telecommunication towers Staff is recommending that equipment adjacent to residential properties should be within a building Sec 20 1513 Accessory utility buildings Telecommunication equipment accessory to a tower shall be located within a building if such equipment is within 150 feet of the closest point of a residential building All utility buildings and structures accessory to a tower may not exceed one story in height and 400 square feet in size and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements ofthe underlying zoning district The use of compatible materials such as wood brick or stucco is required for associated support buildings Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible to with existing materials In no case shall wooden fencing be used as a rooftop equipment screen PROPOSED CHANGE Amend section 20 1513 to incorporate the use ofbuildings to house equipment within 150 of a residential structure 103 Planning Commission May 15 2007 Page 12 of 12 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion The Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapter 20 ofthe Chanhassen City Code ATTACHMENTS 1 Ordinance Amending Chapter 20 Zoning g plan bg city codepc memo may 2007 revisions doc 104 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 Section 20 5 of the City Code City of Chanhassen Minnesota is hereby amended by adding the following to the list of Collector Streets Bluff Creek Boulevard Section 2 Section 20 258 7 of the City Code City of Chanhassen Minnesota is hereby amended to read as follows A retail pro shop is permitted within the clubhouse Retail operations shall not occupy more than 20 percent of one floor A 3 2 malt liquor license is allowed provided the applicant applies and receives approval of a liquor license in accordance with City Code Retail sales are limited to food beverages and golf related items Section 3 Section 20 695 6 a of the City Code City of Chanhassen Minnesota is hereby amended to read as follows There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 pertaining to landscaping requirements Section 4 Section 20 715 6 a of the City Code City ofChanhassen Minnesota is hereby amended to read as follows There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 pertaining to landscaping requirements Section 5 Section 20 755 5 a of the City Code City of Chanhassen Minnesota is hereby amended to read as follows There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 pertaining to landscaping requirements Section 6 Section 20 774 5 a of the City Code City of Chanhassen Minnesota is hereby amended to read as follows There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 pertaining to landscaping requirements 1 105 Section 7 Section 20 795 5 of the City Code City of Chanhassen Minnesota is hereby amended to read as follows There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 pertaining to landscaping requirements Section 8 Section 20 815 5 a of the City Code City of Chanhassen Minnesota is hereby amended to read as follows There is no minimum setback when it abuts a railroad right of way except as provided in Chapter 20 Article XXV Division 3 pertaining to landscaping requirements Section 9 Section 20 904 a 1 of the City Code City of Chanhassen Minnesota is hereby amended to read as follows In the A2 RR RSF RLM and R4 Districts accessory structures shall not exceed 1 000 square feet In the RSF RLM and R4 districts these structures may encroach into the rear setback as follows a Less than 140 square feet minimum rear setback is 5 feet b 141 to 399 square feet minimum rear setback is 10 feet c 400 square feet and above minimum rear setback is 30 feet except in the RLM district where the minimum rear setback is 25 feet Section 10 Section 20 1024 of the City Code City of Chanhassen Minnesota is hereby amended to read as follows Barbed wire and electric fences Barbed wire and electric fences are prohibited in all residential districts Barbed wire and electric fences are permitted in agricultural districts Section 11 Section 20 1265 g of the City Code City of Chanhassen Minnesota is hereby amended to read as follows Window signs shall not cover more than 50 percent of the total window area in which they are located The area of a window sign shall be interpreted as the total window area for that face of the building In no case shall the total window sign area exceed the permitted wall sign area defined in this ordinance for said district Buildings with less than 32 square feet of window area are exempt from this provision Signage visible through windows shall not blink flash scroll or have any but constant illumination when illuminated nor be excessively bright Section 12 Section 20 1462 of the City Code City of Chanhassen Minnesota is hereby amended to read as follows 2 106 a On building lots within the HC 2 district that abut Highway 5 directly the minimum building setback from the highway right of way shall be 70 feet The maximum building setback from the highway right of way for all buildings except single family residences shall be 150 feet No maximum building setback shall apply to single family residences b On building lots within the HC 2 district that abut either of the access boulevards parallel to Highway 5 the minimum building setback from the boulevard right of way shall be 50 feet The maximum building setback from the boulevard right of way shall be 100 feet Section 13 Section 20 1513 of the City Code City ofChanhassen Minnesota is hereby amended to read as follows Telecommunication equipment accessory to a tower shall be located within a building if such equipment is within 150 feet of the closest point of a residential building All utility buildings and structures accessory to a tower may not exceed one story in height and 400 square feet in size and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements of the underlying zoning district The use of compatible materials such as wood brick or stucco is required for associated support buildings Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible to with existing materials In no case shall wooden fencing be used as a rooftop equipment screen Section 14 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this 29th day of May 2007 by the City Council of the City of Chanhassen Minnesota Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 3 107 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 952227 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 952227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us j1 MEMORANDUM TO Todd Gerhardt City Manager Laurie Hokkanen Assistant City Manager eMay232007 FROM DATE RE Cell Tower Lease Agreement with Cingular Wireless BACKGROUND Staff has been contacted by representatives from Cingular Wireless regarding the installation of cellular phone antennae on the Melody Hill off of Hwy 41 water tower This tower already has cellular antennae for Sprint and the addition of a Cingular antennae would help generate revenue for the City and provide better service for Cingular Wireless customers while not impacting the operations of the Melody Hill water tower The key points of the agreement are as follows The term of the lease is for five years beginning on the earlier of August 1 2007 or the date construction begins The lease can be extended for up to 20 years four renewal terms of five years each Rent for the first term is 1 650 month This amount increases by 3 in each successive renewal term This rent structure is similar to other cell leases in the City Any taxes levied on the property due to the antennae will be paid by Cingular Any expenses incurred by the City due to the antennae will be reimbursed by Cingular The agreement may be terminated by the City if the water tower no longer becomes needed or if a higher priority user such as a City or public safety use is needed All plan review and installation inspections will be conducted by KLM Engineering Cingular will reimburse the City for all costs associated with these services RECOMMENDA TION Staffrecommends that the Chanhassen City Council approve the attached Water Tower Antennae Agreement with for the purposes of installing cellular telephone antennae on the Lake Lucy Water Tower This action requires a majority of the City Council for approval 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 play108 SITE NAME Melody Hill Water Tower SITE NUMBER MPLSMN 1423 WATER TOWER ANTENNAE AGREEMENT TIllS WATER TOWER ANTENNAE AGREEMENT Agreement is made and entered into this day of 2007 by and between the CITY OF CHANHASSEN MINNESOTA a Minnesota municipal corporation hereinafter refereed to as the City and New Cingular Wireless PCS LLC a Delaware limited liability company having a mailing address of 6100 Atlantic Boulevard Norcross GA 30071 hereinafter referred to as Tenant A The City is the fee owner of certain land located in Carver County Minnesota with a street address of 6434 Murray Hill Road Chanhassen Minnesota legally described on Exhibit A attached hereto hereinafter referred to as the Property B Located on the Property is a municipal water tower owned operated and maintained by the City hereinafter referred to as the Water Tower C Tenant desires to install repair replace operate and maintain a single facility consisting of up to 12 panel antennas including all necessary wiring cabling and conduits used for the transmission and reception of telecommunication signals hereinafter referred to as the Antennae and any related equipment hereinafter referred to as the Equipment in accordance with the terms of this Agreement D The parties desire to enter into this Agreement relating to the use of the Water Tower AGREEMENTS NOW THEREFORE in consideration of the foregoing recitals and for other good valuable and fair consideration the receipt and sufficiency of which are hereby acknowledged the parties agree as follows 1 Authorization to Use Water Tower Source The primary purpose of the City s ownership of the Property is to a operate and maintain a municipal water tower so as to provide water service to residents of Chanhassen and b to provide governmentally related communications systems for the City of Chanhassen Subject to the terms of this Agreement the City authorizes Tenant s non exclusive use of a certain portion of the Property which is legally described on Exhibit A attached hereto subject to any and all existing easement and restrictions not inconsistent with the rights granted hereunder for the purposes described in Paragraph 4 of this Agreement including the installation operation and maintenance of the Antennae and Equipment The locations on the Water Tower where Tenant is authorized to install the Antennae and the location of the ground space on the Property and access and utility easements are depicted on Exhibit B attached hereto collectively the Premises Tenant shall provide for and be responsible for all utility Cingular Lease Final doc 109 services used by Tenant and the maintenance of the Equipment or Premises Tenant shall be entitled to the exclusive use of the Antennae and Equipment locations during the Initial Term and during Renewal Terms 2 Term The initial term Initial Term of this Lease will be for five 5 years commencing on the earlier of the date that Tenant starts construction on the Premises or August 1 2007 whichever first occurs Commencement Date and will terminate at 11 59 p m on the date immediately preceding the fifth anniversary of the Commencement Date unless sooner terminated as provided herein Tenant shall have the right to extend the term of this Agreement for four 4 additional five 5 year terms each a Renewal Term on the same terms and conditions as set forth herein This Agreement shall automatically be extended for each successive Renewal Term unless Tenant gives City written notice of its intention not to extend at least sixty 60 days prior to the expiration of the then existing term 3 Rent and Compensation a Tenant agrees to pay as rent to City monthly in advance beginning on the Commencement Date an amount equal to one thousand six hundred fifty dollars 1 650 00 Rent for attaching up to twelve 12 antennas and twenty four 24 lines of coaxial cable to the Water Tower Tenant s first installment of Rent will be paid to City on or before the Commencement Date and subsequent installments of Rent shall be paid in advance on or before the fifth day of each month Payments for any partial months shall be prorated b During the Initial Term and any Renewal Terms Rent will increase annually by three percent 3 and such increases will be effective on each anniversary of the Commencement Date c On the Commencement Date Tenant shall pay to the City an administrative fee of Five Thousand Five Hundred and nollOO Dollars 5 500 00 4 Use a Tenant may use the Premises and the Water Tower solely for the purpose of constructing installing removing replacing repairing maintaining and operating the Antennae and Equipment subject to such modifications and alterations as may result from changes or improvements in technology Prior to Tenant installing subsequently modifying or removing the Antennae and the Equipment it shall provide written notice to the City along with copies of the plans and specifications of the work The City shall have the right to approve the manner of installation and the location on the Water Tower where Tenant installs the Antennae which approval shall not be unreasonably withheld conditioned or delayed Tenant shall not install any subsequent antennae beyond the original twelve panel antennas including all necessary wiring cabling and conduits without negotiating a written addendum of this Agreement 110 b Except for the antennas wiring cabling and conduits depicted on Exhibit B Tenant shall store all Equipment related to the Antennae in the Premises c City will not in any way be responsible unless for acts of gross negligence and willful misconduct by the City for the Antennae the related Equipment the Premises or any personal property actually placed on the Property or in the Premises or installed on the Water Tower by Tenant d The Antennae and related Equipment shall remain the property of Tenant subject to the terms of Paragraphs 7 and 8 e Tenant at all times during this Agreement shall have access to the ground portion of the Premises in order to install operate and repair replace and maintain Antennae and Equipment Tenant shall have access to the Water Tower only with the approval of the City Tenant shall request access to the Water Tower at least twenty four 24 hours in advance except in emergency and City s approval thereof shall not be unreasonably withheld delayed or conditioned In the event that it is necessary for Tenant to have access to the Water Tower at some time other than the normal working hours of the City the City may charge Tenant for reasonable expense including employee wages that the City may incur in providing such access to Tenant The City will be entitled to reimbursement from Tenant if City incurs any costs associated with providing Tenant access to Water Tower Property or Premises except in those cases where cost is incidental to City obtaining access for its own purposes unrelated to Tenant s use of Antennae Water Tower and Premises Notwithstanding the foregoing access does not require or impose upon the City an affirmative duty to snowplow in order to provide access to the Property or to the Water Tower The City shall not be responsible for damages or otherwise for interruption in Tenant services where the interruption is due to an emergency or performance of maintenance and repairs on the Water Tower f Tenant shall take all steps necessary to prevent any mechanics or materialmen s liens from being placed on the Property as a result of Tenant s use of the Water Tower Property and Premises and specifically indemnifies the City from such liens g The color of the Antennae and any Equipment placed on the Water Tower shall match the color of the Water Tower h Tenant shall pay all personal and real property taxes assessed against the Antennae related Equipment and or Premises If any such improvements constructed on the Property should cause part of the Property to be taxed for real estate purposes Tenant agrees to timely pay its pro rata share of such taxes Tenant s pro rata share of such taxes shall be calculated by a percentage such percentage shall be based upon Tenant s proportionate share of the total rent paid to City by all tenants on the Property that are also required to pay such taxes It shall be the obligation of Tenant to pay such property taxes within 30 days of receipt of invoice from the City The 3 111 City will provide Tenant with copies of any tax bills within thirty 30 business days of receipt 1 The City represents and warrants to Tenant that Tenant shall enjoy ingress egress and access from an open and improved public road to the Property adequate to service the Premises Antennae and the Equipment at all times during this Agreement and at no additional charge to Tenant Any access easements shall terminate upon termination of this Agreement and Tenant agrees to execute any and all documents necessary to remove the easement from the Property J Within thirty 30 days after the completed installation Tenant shall provide the City with record drawings of the Antennae Equipment and improvements installed on the Property witch shows the actual location of all Antennae Equipment and Premises Said drawings shall be accompanied by a complete and detailed inventory of all Equipment personal property and Antennae actually placed on the Property by Tenant 5 Maintenance of Antennae Modification A Tenant shall maintain the Antennae and Equipment in good condition at all times at its sole cost and expense Tenant shall conduct all repair replacement and maintenance operations in accordance with applicable OSHA regulation or such other occupational and safety regulations pertaining to such operations Every five 5 years from the commencement date of this Agreement Tenant shall have the Antennae and Water Tower inspected by a Registered Civil Engineer and provides the City with a copy of the inspection report If Tenant fails to do so and such failure creates a risk of damage or injury to persons or property as determined in the reasonable discretion of the City the City may take such steps as it determines to be necessary to protect persons or property including removal of the Antennae and the Equipment Tenant shall reimburse the City for any costs incurred in connection with assuring compliance with the provisions of this paragraph including any costs of restoring the Water Tower and the Property to their original condition If Tenant fails to pay the City for such costs within thirty 30 days of a demand by the City for payment the City at its election my terminate this Agreement and retain any prepaid Rent Notwithstanding anything contained in this Paragraph 5 to the contrary the City shall not be entitled hereunder to take any action or to incur any costs for which Tenant would be liable without first giving Tenant written notice of the breach of its obligations under this Paragraph 5 and Tenant fails to cure such breach within thirty 30 days of its receipt of such notice provided however that such cure period shall not be required in the event that the breach by Tenant creates an immediate threat of damage or physical injury to persons or property as determined in the reasonable discretion of the City These remedies are nonexclusive and the City expressly reserves its rights to pursue an available legal or equitable remedies 4 112 B Any additional expense of repainting repairing or maintaining the Property or the Water Tower reasonably incurred by the City as a direct consequence of the presence of the Antennae andor the Equipment being located thereon shall be paid within 30 days by Tenant to the City upon receipt from the City by Tenant of the City s written notice of such additional cost which notice shall state the reason s for the incurring of such costs and shall include a reasonable itemization of such costs C Tenant shall remove its Antennae facilities at Tenant cost upon reasonable notice to allow maintenance repair and repainting deemed appropriate in the reasonable discretion of the City There may be scheduled interruptions in use of the Antennae facilities Except in the case of an emergency City shall give Tenant at least ninety 90 days written notice ofrepair repainting or restoration In case of an emergency which means there is a threat to the health or safety of the public or damage to the Property City may remove Tenant s Antennae facilities but shall notify Tenant by telephone as soon as reasonably possible An emergency shall be deemed to exist only in those situations which constitute an immediate threat to the health or safety of the public or immediate danger to the Property In the event the use of Tenant s Antennae facilities is interrupted Tenant shall have the right to maintain and operate mobile cellular sites on wheels on the Property or after approved by City on any land owned or controlled by City in the immediate area of the Property D No material alteration or addition to the Antennae or the Equipment shall be made by Tenant until Tenant has submitted to the City a detailed proposal for the same and the City has approved such proposal Such approval by the City shall not be unreasonably withheld delayed or conditioned The City may require that either or both of the studies required under Subparagraph llE hereof be conducted to the extent that the City reasonably deems the same necessary for the proper evaluation of such proposed alteration or addition which study or studies shall be performed at the sole expense of Tenant 6 Utilities Tenant shall separately meter and pay all electric and other utility services that are associated with the use of the Property the Water Tower and the Equipment The City agrees to cooperate with Tenant in its efforts to connect the Antennae and Equipment to existing utility service at Tenant s expense The City makes no representation or warranty regarding the availability of electric or other utility service to the Water Tower or the Equipment Tenant shall have the right to install utilities at Tenant s expense and to improve the present utilities on the Property including but not limited to the use of a temporary mobile emergency power generator adjacent to the Equipment for use for a period up to thirty 30 days The City shall not be liable and Tenant waives any and all claims against the City for any interruption of electrical or other utility services Property Antennae or Equipment 5 113 7 Removal of Antennae and Equipment A Tenant shall remove the Antennae and all personal property and trade fixtures at its own cost and expense upon the expiration or earlier termination of this Agreement Tenant shall at its sole cost and expense return the Water Tower and the Property to substantially the same condition they were in on the Commencement Date normal wear and tear excepted In the event Tenant fails to so remove any component of the Antennae the Equipment or both or to return the Water Tower and the Property to the condition specified in this subsection within ninety 90 days of the expiration or termination of this Agreement then the City shall have the right to remove the Antennae or Equipment at Tenant s sole cost and expense If Tenant fails to reclaim the Antennae or Equipment with thirty 30 days notice from the date of removal by the City said Antennae and Equipment shall without further notice be deemed abandoned No Antennae or Equipment will be released by the City to Tenant until Tenant has reimbursed the City for all expenses related to removing the Antennae and the Equipment and returning to the Property and the Water Tower to the condition specified in this subsection B Waiver of City s Lien 1 City waives any lien rights it may have concerning the Tenant s facilities which are deemed Tenant s personal property and not fixtures and Tenant has the rights to remove the same at any time without City s consent 2 City acknowledges that Tenant has entered into or may enter into a financing arrangement including promissory notes and financial and security agreements for the financing of Tenant s facilities the Collateral with athird party financing entity and may in the future enter into additional financing engagements with other financing entities In connection therewith City i consents to the installation of the Collateral ii disclaims any interest in the Collateral as fixtures or otherwise and iii agrees that the Collateral shall be exempt from execution foreclosure sale levy attachment or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings 8 Termination A Except as otherwise provided herein this Agreement may be terminated by either party upon sixty 60 days written notice to the other party only as follows a by either party upon default of any covenant or term hereof by the other party which default is not cured within sixty 60 days of receipt of written notice of default to the other party without however limiting any other rights of the parties pursuant to any other provisions hereof However if the default may not be reasonably cured within a 60 day period this Agreement may not be terminated if the defaulting party 6 114 commences action to cure the default within such 60 day period and proceeds with due diligence to fully cure the default b by Tenant for cause if it is unable to obtain or maintain any license permit or other governmental approval necessary for the construction and or operation or use of the Property Antennae Equipment or the Water Tower as a transmission facility c by Tenant for cause if the Property is or becomes unacceptable for technological reasons under Tenant s design or engineering specifications for its Antennae or related Equipment d by the City if Tenant fails to tender the monthly Rent payment within fifteen 15 days of written notice from the City that Tenant is in default payment of Rent e by the City if the determines after consultation with a licensed structural engineer that the Water Tower is structurally unsound for use as a water tower for any reason including but not limited to considerations related to the age of the structure damage to or destruction of all or part of the Water Tower or the Property from any source or factors relating to the condition of the Property f by the City if its City Council decides for any reason to discontinue use of the Water Tower for all purposes in which event Tenant shall not be entitled to compensation in any form for any reason as a result of the City s exercising its rights under this subparagraph g by Tenant if City causes electrical utility services to be interrupted for a period of more than thirty 30 days or h If the City determines that a potential user with a higher priority as identified under Paragraph 10 below cannot find another adequate location or the Antennae and Equipment unreasonably interfere with another user with a higher priority regardless of whether or not such an interference was predicted in the initial interference study that was a part of the application process B Notwithstanding anything to the contrary in this Agreement in no event will either party be liable to the other party for or indemnify the other party against punitive indirect incidental special or consequential damages including without limitation loss of profits income or business opportunities C If Tenant terminates this Lease pursuant to subsection 8 A c above unless caused by the city s wrongful conduct Tenant shall pay to City as liquidated damages for early termination 150 of the annual Rent for the year in which Tenant terminates provided however that Tenant shall not be required to pay any liquidated damages or termination fee if Tenant elects not to renew the term of this Agreement pursuant to Section 2 above 9 Interference A Upon paying the Rent as required herein Tenant shall have the right to the non exclusive use of the Water Tower and Property as permitted in this 7 115 Agreement City in no way guarantees to Tenant noninterference with Tenants transmission operations provided however that in the event any other party except a high priority user requests permission to place any type of additional antennae or transmission facility on the Property the procedures of Paragraph lID shall govern to determine whether such antennae or transmission facility will interfere with Tenant s transmission operations 10 Interference Caused By Antennae Tenant s Equipment shall be installed and operated in a manner which does not cause interference or otherwise impair the quality of the communication services being rendered by the following higher priority users 1 City and 2 public safety and emergency management agencies including law enforcement fire and ambulance services that are not part of the City and 3 other governmental agencies where use is not related to public safety or emergency management 11 Interference with Antennae Operations A Temporary Interruptions of Service If the City determines in its reasonable discretion that continued operation of the Antennae would cause or contribute to an immediate material threat to public health and or safety except for any issues associated with human exposure to telecommunication frequency emissions which are regulated solely by the federal government the City may order Tenant to discontinue its operations Tenant shall immediately comply with such an order Service shall be discontinued only for the period that the immediate threat exists If the City does not give prior notice to Tenant the City shall notify Tenant as soon as possible after its action and give its reason for taking the action The City shall not be liable to Tenant or any other party for any interruption in Tenant s operation of its Antennae or Equipment except as may be caused by the negligence or willful misconduct of the City its employees contractors or agents In any event the City s liability shall not extend beyond the obligation to repair the cause of the interruption or interference If the discontinuance extends for a period greater than three 3 business days Tenant s sole remedy shall be to terminate this Agreement within its sole discretion B With Structure Tenant shall not interfere with City s use of the Water Tower or Property and agrees to cease all such actions which unreasonably and materially interfere with City s use thereof no later than three 3 business days after receipt of written notice of the interference from City In the event that Tenant s cessation of action is material to Tenant s use of the Water Tower and Property and such cessation frustrates Tenant s use of the Water Tower and Property within Tenant s sole discretion Tenant shall have the immediate right to terminate this Agreement 8 116 C With Higher Priority Users If Tenant s Equipment causes impermissible interference with the parties identified in Paragraph 10 above or with pre existing tenants Tenant shall take all measures necessary to correct and eliminate the interference If the interference cannot be eliminated within 48 hours after receiving City s written notice of the interference Tenant shall immediately cease operating its Antennae and shall not reactivate operation except intermittent operation for the purpose of testing until the interference has been eliminated If the interference cannot be eliminated within thirty 30 days after Tenant received City s written notice City may at its option terminate this Agreement immediately D Interference Study New Occupants Upon written notice by City that is has a bona fide request from any other party to lease an area including or in close proximity to the Water Tower and Property Tenant agrees to provide City within twenty 20 days the telecommunications frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Water Tower and Property at the time of such request City may then have an independent registered professional engineer of City s choosing perform the necessary interference studies to determine if the new applicant s frequencies will cause harmful interference to Tenant City shall require the new applicant to pay for such interference studies Except for those parties and entities identified in Paragraph 10 City agrees that it will not grant a future lease in the Water Tower and Property to any party if such party s use is reasonably anticipated to interfere with Tenant s operation of its Antennae or Equipment E Initial Study Before obtaining a building permit Tenant must pay for the reasonable cost of i a radio frequency interference study carried out by an independent and qualified professional selected by the City showing that the Tenant Antennae use will not interfere with any existing communication facilities and ii an engineering study showing that the Water Tower is able to support the Antennae and Equipment as referred to in Exhibit B hereto without prejudice to the City s use of the Water Tower If the study finds that there is a potential for interference that cannot be easily remedied or for prejudice to the Water Tower the City may terminate this Agreement immediately and refund any prepaid Rent to Tenant The City shall order such studies promptly upon its receipt of the application of Tenant for a building permit and shall cause the same to be completed as soon as reasonably possible If the City decides to exercise its termination right under this Subparagraph lIE then the City shall give Tenant written notice of such termination within ten 10 days after receipt by the City of the last of such studies which notice shall specify the condition disclosed by either such study upon which the City is basing the exercise as such right and shall include the refund of such prepaid rent 9 117 12 Future Development Tenant understands and acknowledges that the City may utilize the Property for public use at some future date and that the design and manner of such uses shall be in the sole discretion of the City In the event City undertakes such use then the City and Tenant agree to cooperate with one another as necessary to facilitate both parties use of the Property 13 Damage to the Water Tower or to the Property Tenant s installation operation maintenance modification and removal of the Antennae and Equipment shall not damage or interfere in any way with the Property or the Water Tower operations or related repair and maintenance activities If the activities of Tenant or those of its agents representative employees contractors or subcontractors cause such damage or interference Tenant will cure damage or interference within thirty 30 days after receipt of written notice or if the default may not reasonably be cured within a 3D day period Tenant must commence an action to cure the default within a 3D day period and proceed with due diligence to fully cure the default If the Tenant fails to cure such damage or interference the City without further notice may take such steps as it deems necessary to repair the damage or remedy the interference at the sole cost and expense of Tenant 14 Casualty If any portion of the Property Water Tower or Antennae is damaged by any casualty and such damage materially and adversely affects Tenant s use of the Water Tower or Property Tenant may give thirty 30 days notice of its intention to terminate this Agreement in which case the Agreement will terminate on the date specified in such notice and except as otherwise provided herein neither party will have any further rights or obligations under this Agreement Such notice must be given within fifteen 15 days of notice of the casualty 15 Quiet Enjoyment Tenant upon paying Rent shall peaceably and quietly have hold and enjoy the Premises and Water Tower If as of the date of execution of this Agreement or hereafter there is any mortgage or other encumbrance affecting the City s Property or Water Tower then City agrees to obtain from the holder of such encumbrance an Agreement that Tenant shall not be disturbed in its possession use and enjoyment of the Property and Water Tower The City shall not cause or permit any use of the Property which interferes with or impairs the quality of the communication services being rendered by Tenant from the Property 16 Insurance A As long as the Agreement is in effect Tenant shall maintain a general liability insurance policy that provides coverage for the Property and the Water Tower from any damage to property or injuries to persons Said insurance policy shall provide coverage on an occurrence basis in an amount no less than Two Million Dollars 2 000 000 and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 13 of this Agreement Said insurance policy shall list the City as an additional insured Said policy shall contain a clause that provides that the insurer will not cancel non renew or reduce the coverage of the policy without first giving the City thirty 30 days prior 10 118 written notice Tenant shall provide the City with a Certificate of Insurance for said policy with specifically details the conditions of the paragraph Tenant shall also maintain fire and extended coverage insurance insuring Tenant s personal property for its full insurable value subject to reasonable deductibles B Notwithstanding anything in this Agreement to the contrary each party releases the other party from all liability whether for negligence or otherwise in connection with a loss covered by any first party property insurance policies which the releasing party carries with respect to the Property including the Antennae and Lease Premises but only to the extent that such loss is collected under such insurance policy s Any policy required to be obtained pursuant to this Paragraph 17 shall contain a Waiver of Subrogation in favor of the other party to this Agreement 17 Condition of Property Tenant acknowledges that the City makes no representations or warranties regarding the suitability of the Property or the Water Tower for Tenant s intended use under this Agreement City represents that the Water Tower and Property are in compliance with all building and other life safety codes 18 Condemnation In the event the while of the Property is taken by eminent domain this Agreement shall terminate as of the date title to the Property vests in the condemning authority In the event a portion of the Property is taken by eminent domain either party shall have the right to terminate this Agreement as of said date of title transfer by giving thirty 30 days written notice to the other party In the event of any taking under the power of eminent domain Tenant shall no be entitled to any portion of the reward paid for the taking and the City shall received full amount of such award Tenant herby expressly waives any right or claim to any portion thereof Although all damages whether awarded as compensation for diminution in value of the leasehold or to the fee of the Property shall belong to City Tenant shall have the right to claim and recover from the condemning authority but not from City such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant s business and any costs or expenses incurred by City in moving removing its Antennae Equipment or personal property Sale of all or part of Water Tower or Property to a purchaser with power of eminent domain in the face of the exercise of the private shall be treated as a taking by condemnation 19 Waiver Except as otherwise provided in this Agreement the rights and remedies of the parties to this Agreement whether provided by law or by this Agreement shall be cumulative and the exercise by it at the same or different times of any such remedies for the same default or breach of any of its remedies for any other default or breach by the other party No waiver made by either such party with respect to the performance or manner of time thereof or any obligation under this Agreement shall be considered a waiver of any rights of the party making the 11 119 waiver with respect to the particular obligation of the party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof or a waiver in any respect in regard to any other rights of the party making the waiver of any other obligation of the other party Delay by a party hereto in instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder 20 Miscellaneous A Whole Agreement Modification This Agreement contains all of the terms and conditions relating to the rights granted herein and replaces any oral agreements or other negotiations between the parties relating to the Agreement No modifications to this Agreement shall be valid unless and until they have been placed in writing and signed by both parties hereto B Severability If any term of this Agreement is found to be unenforceable to invalid by a court of competent jurisdiction such unenforceable or invalidity shall not affect the remaining terms of this Agreement which shall continue in full force and effect C Authority Each party represents and warrants that it has full authority to enter into and to sign this Agreement D Counterparts The parties may sign this Agreement in counterparts E Binding Effect The terms conditions representation and covenants of this Agreement shall extend to and bind the heirs personal representatives successors and assigns of the City and Tenant F Assignment and Delegation a By Tenant Tenant may not assign or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of City which will not be unreasonably withheld conditioned or delayed provided however that Tenant may assign its interest without City s consent to Tenant s parent company any subsidiary or affiliate of it or its parent company or to any successor in interest or entity acquiring fifty one percent 51 or more of its stock or assets subject to any financing entity s interest if any in this Agreement as set forth in Paragraph 9 above City may assign this Agreement upon written notice to Tenant subject to the assignee assuming all of City s obligations herein including but not limited to those set forth in Paragraph 9 above Notwithstanding anything to the contrary contained in this Agreement Tenant may assign mortgage pledge hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity or agent on behalf of any financing entity to whom Tenant i has obligations for borrowed money or in respect of guaranties thereof ii has obligation evidenced by bonds debentures notes or similar instruments or iii has obligations under or with respect to letter of credit bankers acceptances and similar facilities or in respect of guaranties thereof b By the City The City may freely assign its rights and delegate its duties under this Agreement to ajoint powers organization of which it is 12 120 now a member or to any such organization to which it may become a member during the term of this Agreement The City may assign this Agreement provided said assignee will assume recognize and also become responsible to Tenant for the performance of all said terms and conditions to be performed by such party under this Agreement G Notices Notices shall be in writing and personally delivered sent by United States mail postage prepaid certified or registered with return receipt requested or by any nationally recognized overnight courier service to the following If to City City of Chanhassen 7700 Market Boulevard Box 147 Chanhassen MN 55317 A TIN Todd Gerhardt City Manager If to Tenant c o Cingular Wireless LLC Attn Network Real Estate Administration Re Cingular Wireless Cell Site MPLSMN 1423 Cell Site Name Galpin Fixed Asset 10116093 6100 Atlantic Boulevard Norcross Georgia 30071 With a copy to Cingular Wireless LLC Attn Legal Department Re Cingular Wireless Cell Site MPLSMN 1423 Cell Site Name Galpin Fixed Asset 10116093 15 East Midland Ave Paramus NJ 07652 H Tenant agrees to provide Tenant contact address and phone numbers updates at any time changes in contact information occur as well as annually by January 15 of each year upon written notice from the City I Estoppel Certificates Each party agrees to furnish to the other within ten 10 days after request such truthful estoppels information as the other may reasonably request J Governing Law This Agreement shall be construed in accordance with the laws of the State of Minnesota K Broker If either party is represented by a real estate broker in this transaction that party shall be fully responsible for any fee due such broker and shall hold the other party harmless from any claims for commission by such broker L Memorandum of Lease City agrees to cooperate with Tenant in executing any documents including a Memorandum of Lease in the form annexed 13 121 hereto as Exhibit D necessary to protect Tenant s rights hereunder or Tenants use of the Water Tower Equipment or Premises M Headings Headings at the beginning of paragraphs herein are for convenience of reference shall not be considered part of this Agreement and shall not influence its construction N W 9 City agrees to provide Tenant with a completed IRS Form W 9 or its equivalent upon execution of this Agreement and at such other times as may be reasonably requested by Tenant In the event the Property is transferred the new landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W 9 or its equivalent and other related paper work to affect a transfer in Rent to the new landlord IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above written CITY OF CHANHASSEN BY Tom Furlong Mayor AND Todd Gerhardt City Manager Federal ID 410885331 STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2007 by Tom Furlong and Todd Gerhardt respectively the Mayor and City Manager of the City of Chanhassen Minnesota a municipal corporation on behalf of the City and pursuant to authority granted by its City Council Notary Public 14 122 TENANT New Cingular Wireless PCS LLC a Delaware limited liability company BY Mark Holm Real Estate and Construction Manager MNP STATE OF MINNESOTA ss COUNTY OF CARVER The forgoing instrument was acknowledged before me this 2007 by of company on behalf of the company day of a Notary Public DRAFTED BY CAMBELL KNUTSON Professional Association 1380 Corporate Center Curve 317 Eagandale Office Center Eagan MN 55121 Telephone 651 452 5000 RNK sm 15 123 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 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 952227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site WINI ci chanhassen m n us 1 MEMORANDUM TO Todd Gerhardt City Manager FROM ti AA 7 Paul Oehme Dir Of Public Works City Engineer DATE May 29 2007 SUBJ Autobahn Motorplex Land Use Review File No 07 01 Approve Encroachment Agreement BACKGROUND On December 11 2006 Council approved rezoning of the western portion of the site a Conditional Use Permit for development within the Bluff Creek Corridor with a Variance to locate a stormwater pond a Conditional Use Permit for multiple buildings on one parcel and a Site Plan Agreement for the Autobahn Motorplex development DISCUSSION The property owner has requested an encroachment agreement be approved to grade up to 10 of fill over an existing storm sewer pipe The storm sewer pipe is reinforced concrete and is designed to withstand this type of load By encroaching onto the City s drainage and utility easement a retaining wall can be eliminated from the development The retaining wall that is proposed to be removed faces north and does not face the residential properties to the west The storm sewer pipe has been televised by the developer Staff has reviewed the tape and finds the pipe in good condition A letter of credit has been obtained for any damage that may occur with construction Staff has reviewed the revised grading plan in the area and finds it acceptable Staff recommends Council approve the encroachment agreement with Autobahn Motorplex Attachments 1 Agreement 2 Map c Bruno Silikowski Autobahn Motorplex LLC The City of Chanhassen A growing community with clean lakes aualitv schools a channina downtown thrivina h sinesses willdilntrails and beautiful Darks A areat Dlace to live work and playcdocumentsandsettmgsjeartslocalsettmgstemporarymtemetfilesolk4u52907appencroachmentagreeme1itdoc124 ENCROACHMENT AGREEMENT AGREEMENT made this day of 2007 by and between the CITY OF CHANHASSEN a Minnesota municipal corporation City and AUTOBAHN MOTORPLEX LLC a Minnesota limited liability company Autobahn 1 BACKGROUND Autobahn is the fee owner of in the City of Chanhassen County of Carver and State of Minnesota with a street address of subject property The City owns an easement for drainage and utility purposes over part of the subject property Autobahn wants to grade and place fill over a concrete storm sewer pipe that is in the easement in accordance with the attached plan Exhibit A encroachment 2 ENCROACHMENT AUTHORIZATION The City hereby approves the encroachment on its easement subject to the terms of this Agreement Prior to Autobahn encroaching in the City s easement the City will inspect the concrete pipe to verify its condition After the encroachment work has been performed the City will again inspect the pipe If the pipe has been damaged the City will repair the pipe and Autobahn must reimburse the City for the cost of the repairs or replacement if in the City s judgment such work is needed Autobahn will also reimburse the City for the cost of the inspections 131766vOl RNK 0517 2007 1 125 3 HOLD HARMLESS AND INDEMNITY In consideration of being allowed to encroach on the City s easement Autobahn hereby agree to indemnify and hold the City harmless from any resulting damages judgments liability and costs the city may incur including costs and reasonable attorney s fees incurred in enforcing this agreement 4 TERMINA TION OF AGREEMENT The City may at its sole discretion terminate this Agreement at any time by giving the owner of the subject property thirty 30 days advance written notice 5 LETTER OF CREDIT To guarantee compliance with the terms of this Agreement Autobahn will furnish the City a letter of credit in the form attached hereto as Exhibit B from a bank acceptable to the City in the amount of The letter of credit will be released by the City when the encroachment work is completed and the final inspection is made unless the City has drawn on the Letter of Credit 6 RECORDING This Agreement shall be recorded against the title to the subject property CITY OF CHANHASSEN BY Thomas A Furlong Mayor AND Todd Gerhardt City Manager AUTOBAHN MOTORPLEX LLC BY Its 131766vOl RNK 05 17 2007 2 126 STATEOFMINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2007 by Thomas A Furlong and by Todd Gerhardt respectively the Mayor and City Manager of the City of Chanhassen a Minnesota municipal corporation on behalf of the corporation and pursuant to the authority granted by its City Council NOTARY PUBLIC STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2007 by the of Autobahn MotorPlex LLC a Minnesota limited liability company on behalf of the company NOTAR Y PUBLIC DRAFTED BY CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve Suite 317 Eagan Minnesota 55121 Telephone 651 452 5000 RNK 131766vOl RNK 05l7 2007 3 127 EXHIBIT B TO ENCROACHMENT AGREEMENT IRREVOCABLE LETTER OF CREDIT No Date TO City of Chanhassen 7700 Market Boulevard P O 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 20 of Name of Bank dated b Be signed by the Mayor or City Manager Clerk of the City of Chanhassen c Be presented for payment at Address of Bank on or before 4 00 p rn on November 30 20 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 refened 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 131766vOl RNK 051l7 2007 4 128 We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation BY Its 131766vOl RNK 051l7 2007 5 129 PROPOSEoWALL TO BE R VED pfY Oi tfiJ 1 o rY t I I I I I I I i i 0 1 I0I I I I IcJ F 8i is i f I AlU ROAD I I I 1 I I I 1 I I I I 1 I I I I I I I I I I I I I 50 I I l I l v I L 1 q r I 1U I 1 r I I 1 r I I I I I I I I 130 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 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 1r MEMORANDUM TO Todd Gerhardt City Manager FROM Bob Generous Senior Planner O DATE May 29 2007 SUBJ Liberty at Creekside Planning Case 05 24 EXECUTIVE SUMMARY The developer NDI Minnesota LLC is requesting a one year extension of the preliminary plat for Liberty at Creekside to May 22 2008 While this project was taken through the development review process by Town Country Homes NDI Minnesota LLC has been the underlying property owner NDI Minnesota LLC wishes to preserve the development approvals on the site The extension is necessary due to the current depressed market conditions on residential development and construction the lack of development on adjacent properties and a contractual dispute between the property owner and Mr Jeurissen the former property owner Section 18 41 of the Chanhassen City Code requires that the subdivider request final plat approval within one year of the preliminary plat approval unless a request in writing is submitted to the City requesting for good cause an extension of the preliminary plat Staff can attest to the slowdown in the residential housing market Additionally the recording of the final plat for the Pioneer Pass development immediately west of the site has not been completed which included the right of way providing access to this property There have been no amendments to the City Code that would adversely affect the conditions of approval for the Liberty at Creekside development All fees were specified as those in effect at the time of final plat approval Staff is recommending approval of the applicant s request for a one year extension to May 22 2008 BACKGROUND On May 22 2006 the Chanhassen City Council approved the following A Rezoning of the property located within the Liberty at Creekside development with the exception of Outlot A and the Bluff Creek Overlay District Primary Zone Outlot D from Agricultural Estate District A 2 to Planned Unit Development Residential PUD R incorporating the development design standards contained within the staff report B Preliminary Plat for Liberty at Creekside plans prepared by Westwood Professional Services Inc dated June 17 2005 revised February 3 2006 revised April 6 2006 which may also be revised to incorporate lots around each dwelling unit 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 play131 Todd Gerhardt Liberty at Creekside May 29 2007 Page 2 of 2 C Site Plan for 146 townhouses plans prepared by Westwood Professional Services Inc dated June 17 2005 revised February 3 2006 revised April 6 2006 D Conditional Use Permit for alterations within the flood plain and development within the Bluff reek Overlay District ACTION REQillRED City Council approval requires a majority of City Council present PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on March 21 2006 to review the proposed development The Planning Commission voted 5 to 0 to approve the proposed project RECOMMENDATION Staff recommends adoption of the following motion The Chanhassen City Council approves a one year extension until May 22 2008 for the preliminary plat for Liberty at Creekside Planning Case 05 24 ATTACHMENTS 1 Location Map 2 Letter from John D Ostergren to Bob Generous dated May 18 2007 3 Reduced Copy Preliminary Plat 4 Preliminary Sketch Plan 5 2005 Open Space Trail and Development Areas Map 6 Letter from Robert Generous to Shawn Siders dated may 24 2006 g plan2005 planning cases 05 24 liberty at creekside extension memo preliminary plat doc 132 Location Map Liberty at Creekside Planning Case No 05 24 1500 Pioneer Trail City of Chanhassen PJtli RO 0 q 133 05 18 2007 10 13 FAX 6123402644 DORSEY WHITNEY LLP I4J 002 002 C DORSEY DORSEY WHITNEY LLP JOHN D OSTERGREN 612 492 6983 FAX 612 340 2868 oslergren john@ dorsey com May 18 2007 VIA FACSIMILE AND U S MAIL Bob Generous Senior Planner City of Chanhassen 7700 Market Blvd PO Box 147 Chanhassen MN 55317 fax 952 227 1110 Re Liberty at Creek Side Chanhassen Planning Case No 05 24 Request for Extension Dear Mr Generous On behalf of NDI Minnesota LLC I am writing to request a one 1 year extension of the preliminary plat approval for the Liberty at Creek Side development which I understand would extend the current approval to May 22 2008 This extension is necessary in light of current depressed market conditions impacting residential development and construction lack of development on adjoining and nearby parcels and a contractual dispute between our client and Mr Jeurissen Please let me know if you have any questions or require additional information to support the requested extension cc Peter J Brennan Jocelyn L Knoll DORSEY WHITNEY LLP WWW DORSEY COM T 612 340 2600 F 612 340 2868 SUITE 1500 50 SOUTH SIXTH STREET MINNEAPOLIS MINNESOTA 55402 1498 USA CANADA EUROPE ASIA 134 1 i i if Is i it i l i o 8 gO i 1 ii ll j j J I i P l t l ts H H utnt JfllHi lH 31 i i ul l Qt lH uoll Hl I l j o utHd Hu I H f HHhi l i 11l l i H p H Jn p 5 jiH gag H S ii ill i Hi1o2 t t t e t c 2 glQIQIQ C t c l f Cd o a I Qg 62 oCp 8 8 z L j i d t I i J r d 0hIElg i 1S 8 s l J l 8 l i t ii ia j l1 1l L l1 rf t t 7a l j 11 oS l i t l l It iil u 2 2 I n Fi ss z Sl J ii IU 1 LUd H tOOn1U11 IU ICl S III I I I I I IIf2IiI I I I J 1 Jl i 1 lSJHYrE I8 9OO2111L O P1OJcil1l012OO2 llOI2002 U I III n fulia J 135 I I r I is I I t @IoJ i II r cD lJ YF0 b 11t VfJ D f I J u L p J X i r 8 q 1 I I II IIr N I I r i 41 lIn I I m X iI I E L tjn 1 18r IJ l y J rT 111 l0 11 t I 8 i I 1 l r 1 jJ j I I v 11 r 1 IT I J c j LI oJ r I V r ffi J 0 v I I l a t I I I p I I W tr f I I 1 T W r 11 i f Q i J he 1 z I 1 j I J I I r7 I i Q i I 1 rJlI Ff1 1 It r tf ll I I liI r l I eqy 8ll 8 1 IIljIl i I u go R u 1 r L mg t m o II I r il r tlt lIJr IFfFF 5 J I I rr 1 I dg1 2 I J J fJ1 Ohh r I 1 l 0 J 3 Ill I 0 1 1 ti 1 Q iDg 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oPROPOSED PUBLIC PARK m PROPOSED PRIVATE PARKlOPEN SPACE OENOl 4 137 CITY OF CHANHASSEN 7700 Markel 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 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 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us May 24 2006 Mr Shawn Siders ToWn Country Homes 7615 Smetana Lane Suite 180 Eden Prairie MN 55344 Re Liberty at Creekside Planning Case j5 24 o 5 J This letter is to confirm that on May 22 2006 the Chanhassen City Council approved the following A Rezoning of the property located within the Liberty at Creekside development with the exception of Outlot A and the Bluff Creek Overlay District Primary Zone Outlot D from Agricultural Estate District 2 to Planned Unit Development Residential PUD R incorporating e development design standards contained within this staff report r B Prelimipary Plat for Liberty at Creekside Plans a bY Westwood ProfessionaLSeIiGe s Jnc dated June 17 2005 MYf t 1I hruary 3 2006 i r 0 t cJ l frevisedApDt6fQ08iWhihmYlsoberevietltoiCcate Jts around C jfi I t f iJ li i1eneratedbtrafficeanQdeI1fifippropritpiffittfgtjtt9mdrtt f t resi dential Jiome a p ciIie thy the ryIinties6t l1uti6ri CQnftQ1 ffrge tJG Dear Mr Siders 2 3 sF i I co 6 Dedication f theBlutfGr e Ot fl Y PlstiicFppmary zone shall be made to the city or a conserVtiHbtisrtiiii gh ll b Ye tablished over said outlot s i i c H t y t 3 j t d i 7 The wetland mitigation foi Liberty on Bluff Creek shall be complete within one year of the authorized fill on Liberty on Bluff Creek 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 play SCANNED 5 138 Mr Shawn Siders May 24 2006 Page 2 of7 8 Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act MR 8420 and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek 9 Wetland buffers 165 to 20 feet in width with a minimum average of 16 5 feet shall be maintained around Wetlands A and B and the constructed wetland mitigation areas Wetland buffer areas shall be preserved surveyed and staked in accordance with the City s wetland ordinance The applicant shall install wetland buffer edge signs under the direction of City staff before construction begins and must pay the City 20 per sign All structures shall maintain a minimum 40 foot setback from the edge of the wetland buffer 10 Due to a secondary access through the MnDOT right of way ROW to the north in the northeast portion of the property the applicant will be responsible for creating or securing sufficient wetland mitigation for MnDOT that will meet all conditions imposed on MnDOT and will be responsible for any and all fees associated with the redesign of the wetland mitigation areas in MnDOT ROW Final plat approval shall not be granted until the wetland mitigation plan has been received and approved by the City and MnDOT 11 The plans shall be revised to show bluff areas i e slope greater than or equal to 30 and a rise in slope of at least25 feet above the toe All bluff areas shall be preserved In addition all structures shall maintain a minimum 30 foot setback from the bluff and no grading shall occur within the bluff impact zone Le the bluff and land located within 20 feet from the top of a bluff 12 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 13 The applicant shall submit a plan for the revegetation of the farmed area south of Bluff Creek that incorporates native plants and is consistent with the City s Bluff Creek Natural Resources Management Plan Appendix C Special attention shall be paid to areas with steep slopes greater than 3 1 14 Alterations appear to be proposed within a mapped FEMA unnumbered A Zone 100 year floodplain In lieu of a LOMA the applicant shall obtain a conditional use permit for alterations within the floodplain 15 A storm water pollution prevention plan SWPPP shall be developed for the development and shalI be completed prior to applying for the National Pollutant Discharge Elimination System permit 16 A stable emergency overflow BOF shall be provided for the proposed pond The EOF could consist of riprap and geotextile fabric or a turf re enforcement mat a permanent erosion control blanket A typical detail shall be included the plan 17 The plans shall show paths of access to both wetland mitigation areas as well as all mwot erosion controls and restoration practices 139 Mr Shawn Siders May 24 2006 Page 3 of7 18 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 temporaiy or permanent drainage ditch or other natural or man made systems that discharge to a surface water J9 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed 20 The applicant shall provide details for curbside inlet controL Wimco type inlet controls shall be used and installed within 24 hours of installation 21 Typical building lot controls shall be shown on the plan These controls may include perimeter controls silt fence rock driveways street sweeping inlet control and temporary mulch after final grade and prior to issuing the certificates of occupancy 22 The proposed storm water pond shall be used as a temporary sediment basin during mass grading The pond shall be excavated prior to disturbing up gradient areas Diversion berms or ditches may be needed to divert water to the pond and a temporary pond outlet is needed The outlet could be a temporary perforated standpipe and rock cone A detail for the temporary pond outlet shall be included in the plans Additional temporarysedimentbasinsmaybeneededoranalternatelocationmaybeneededdependingupon site conditions during rough grading 23 The ultimate outlet from the site to Bluff Creek shall be turned to the southeastto alignwiththecreek 24 Drainage and utility easements minimum 20 feet in width s ould be provided over all existing wetlands wetland mitigation areas buffer areas used as PVC and storm water ponds An easement adequate to provide access to the pond for maintenance purposes is needed and should be shown on the plan 25 At this time the estimated total SWMP fee due payable to the City at the time of final plat recording is 266 850 26 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 NPDESPhase IT Construction Permit Minnesota Department of Natural Resources for dewatering Minnesota Department of Health Minnesota Department of Transportation and comply with their conditions of approvaL 140 Mr Shawn Siders May 24 2006 Page 4 of7 t 27 Tree protection fencing shall be installed prior to construction around all areas designated for preservation andor at the edge of proposed grading limits 28 Silt fence or tree protection fencing shall be installed at the edge of grading around both wetland mitigation areas 29 A fenced access road will lead from the east mitigation area to the west mitigation area This will be the only access allowed to the western site Fencing shall be placed on either side of the access lane After construction the access lane shall be restored according to the Preliminary Offsite Upland Planting Plan 30 A walk through inspection of the silttree preservation fence shall be required prior to construction 31 No burning permits shall bejssued for tree removal Alltrees removed on site shall be chipped and used on site or hauled off 32 The applicant shall implement the Preliminary Offsite Upland Planting Plan dated 929 05 for restoration within the Bluff Creek Overlay District 33 The applicant shall submit a full sized Preliminary Offsite Upland Planting Plan with final plat submittal 34 A turf plan shall be submitted to the city indicating the location of sod and seeding areas 35 The developer shall pay full park dedication fees at the rate in force upon final plat approval in lieu of parkland dedication 36 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 Recreation Director for approval prior to the initiation of each phase of construction The trail shall be ten 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 37 The developer shall provide a sidewalk connection to the Bluff Creek trail through private street B 38 The developer must coordinate the location and elevation of the western street connection with the Pioneer Pass Peterson Property and Degler property developments to the west and northwest 39 The height and length of retaining walls must be reduced to the maximum extent possible 141 Mr Shawn Siders May 24 2006 Page 5 of7 40 The top and bottom of wall elevations must be shown on the final grading plan 41 A building permit is required for any retaining walls four feet high or taller These walls must be designed by a Structural Eni9neer registered in the State of Minnesota 42 The style of home and lowest floor elevation must be noted on the grading plan 43 Typical sections for each housing style must be shown on the final grading plan 44 The final grading plan must be 50 scale so that staff can complete a full review of the proposed grading 45 The developer must verify the invert elevation of the sanitary sewer connection that will be constructed with the 2005 MUSA Improvement Project 46 The development may not proceed until the Phase IT 2005MUSAutiIity extension project has been awarded 47 Each new lot is subject to the sanitary sewer and water hookup charges and the SAC charge at the time of building permit The 2006 trunk hookup charge is 1 575 00 unit for sanitary sewer and 4 078 00 unit for watermain The SAC charge is 1 625 00 unit Sanitary sewer d watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance 48 The northern access currently shwnto the Fox property must be shifted to the east to the MNDOT right of way parcel Prior to final plat approval the developer must contact the Fox family to coordinate the elevation of the northern street connection at their property line 49 The Arterial Collector Fee shall be paid with the final plat The 2006 fee is 2 400 developable acre 50 The final plans must show the new orientation for Lots 13 and 14 Block 2 51 The site plan and final grading plan must identify the proposed lO foot wide bituminous trail C Site Plan for 146 townhouses plans prepared by Westwood Professional Services Inc dated June 17 2005 revised February 3 2006 revised April 6 2006 subject to the followingconditions 1 The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control site restoration and landscaping 2 The developer shall provide a design plan that shows the color and architectural detail for each unit on the site for final plat approval 142 Mr Shawn Siders May 24 2006 Page 6 of7 r 3 Walls and projections within 3 feet of property lines are required to be of one hour fire resistive construction 4 A final grading plan and soils report must be submittedto the Inspections Division before permits can be issued 5 No burning permits will be issued for trees to be removed Trees and shrubs must either be removed from site or chipped 6 Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles Pursuant to 2002 Minnesota Fire code Section 5014 7 A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all weather driving capabilities Pursuant to Minnesota Fire Code Section 503 23 8 Fire apparatus access road and water supplies for fire protection is required to be installed Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided 9 A lO foot clear space must be maintained around fire hydrants ie street lamps trees shrubs bushes Xcel Energy Qwest Cable TV and transformer boxes This is to ensure that fire hydrants can be quickly located and safely operated by firefighters Pursuant to Chanhassen City Ordinance 9 1 10 Submit street names toChanhassen Building Official and Chanhassen Fire Marshal for review and approval 11 No Parking Fire Lane signs will be required on the private streets Contact Chanhassen Fire Marshal for exact location of sign Pursuant to Chanhassen Fire DepartmentlFire Prevention Policy 06 1991 12 Staff will work with the developer on materials colors and diversity 13 The developer shall incorporate the twin home units as proposed in the sketch plan dated May 8 2006 D Conditional Use Permit for alterations within the flood plain and development within the Bluff reek Overlay District subject to the following conditions 1 The applicant shall implement the Preliminary Offsite Upland Planting Plan dated 9 29 05 for restoration within the Bluff Creek Overlay District 2 The applicant shall submit a full sized Preliminary Offsite Upland Planting Plan with final plat submittal 143 Mr Shawn Siders May 24 2006 Page 7 of7 3 The wetland mitigation for Liberty on Bluff Creek shall be constructed prior to or concurrent with wetland impacts on the Liberty on Bluff Creek project 4 Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act MR 8420 and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek 5 Wetland buffers 16 5 to 20 feet in width with a minimum average of 16 5 feet shall be maintained around Wetlands A and B and the constructed wetland mitigation areas Wetland buffer areas shall be preserved surveyed and staked in accordance with the City s wetland ordinance The applicant shall install wetland buffer edge signs under the direction of City staff before construction begins and must pay the City 20 per sign All structures shall maintairi a minimum 40 foot setback from the edge of the wetland buffer Enclosed is a site plan agreement that must be executed by Town Country Homes If there is a separate property owner they will need to sign the consent page at the end of the agreement If there is a separate mortgage holder they will need to sign the mortgage holder consent pageReturntheagreementtomeforcityexecutionandrecordingatCarverCountywithin120daysofthefinalplatapprovalTheexecutedsiteplanagreementandrequiredsecurityspecifiedin the site plan agreement shall be submitted prior to the City issuing a building permit Final plat documents must be submitted to the City three weeks prior to the City Council meetinginwhichyouwishtohaveyourfinalplatapprovedEnclosedisthelistofitemsrequiredfor submittal for final plat Should you have any questions please feel free to contact me at 952 227 1131 or bgenerous@ci chanhassen mn us Robert Generous AICP Senior Planner Enclosures ec Kate Aanenson Community Development Director Alyson Fauske Assistant City Engineer Lori Haak Water Resources Coordinator Jerry Mohn Building Official g plan2005 planning cases 05 24 liberty at creeksideapprovalletler preliminary doc 144 CITY OF CHANHASSEN SITE PLAN PERMIT 05 24 SPECIAL PROVISIONS AGREEMENT dated May 22 2006 by and between the CITY OF CHANHASSEN a Minnesotamunicipal corporation the City and Town Country Homes the Developer 1 Request for Site Plan Approval The Developer has asked the City to approve a site plan for 146 townhouses referred to in this Permit as the project The land is legally described as Liberty at Creekside 2 Conditions of Site Plan Approval The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it 3 Development Plans The project shall be developed and maintained in accordance with the following plans The plans shall not be attached to this Contract If the plans vary from the written terms of this Permit the written terms shall control The plans are Plan A Site Plan plans prepared by Westwood Professional Services Inc dated June 17 2005 revised February 3 2006 revised April 6 2006 Plan B Grading Plan plans prepared by Westwood Professional Services Inc dated June 17 2005 revised February 3 2006 revised April 6 2006 Plan C Landscaping Plan plans prepared by Westwood Professional Services Inc dated June 17 2005 revised February 3 2006 revised April 6 2006 1145 Plan DUtility Plans plans prepared by Westwood Professional Services Inc dated June 17 2005 revised February 3 2006 revised April 6 2006 4 Time of Perfonnance The Developer shall install all required screening and landscaping by November 15 2008 The Developer 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 Developer to reflect cost increases and the extended completion date 5 Security To guarantee compliance with the terms of this Permit the Developer shall furnish the City with a letter of credit from a bank cash escrow or equivalent security for 5 000 00 boulevard restorationerosion control If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation ofsaid landscaping PROCEDURES FOR LETTER OF CREDIT REDUCTION a Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer b Partial lien waivers totaling the amount of the requested reduction shall accompany each such request c Any reduction shall be subject to City approval 6 Notices 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 atthe following address Mr Shawn Siders Town Country Homes 7615 Smetana Lane Suite 180 Eden Prairie MN 55344 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 2146 7 Other Special Conditions Site plan approval conditions a The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control site restoration and landscaping b The developer shall provide a design plan that shows the color and architectural detail for each unit on the site for final plat approval c Walls and projections within 3 feet of property liIles are required to be of one hour fire resistive construction d A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued e No burning permits will be issued for trees to be removed Trees and shrubs must either be removed from site or chipped f Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles Pursuant to 2002 Minnesota Fire code Section 5014 g A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all weather driving capabilities Pursuant to Minnesota Fire Code Section 503 23 h Fire apparatus access road and water supplies for fire protection is required to be installed Such protection shall be installed and made serviceable prior to and during the time ofconstruction except when approved alternate methods of protection are provided i A lO foot clear space mUst be maintained around fire hydrants ie street lamps trees shrubs bushes Xcel Energy Qwest Cable TV and transformer boxes This is to ensure that fire hydrants can be quickly located and safely operated by firefighters Pursuant to Chanhassen City Ordinance 9 1 j Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval k No Parking Fire Lane signs will be required on the private streets Contact Chanhassen Fire Marshal for exact location ofsign Pursuant to ChanhassenFire DepartrnentFire Prevention Policy 06 1991 1 Staff will work with the developer on materials colors and diversity m The developer shall incorporate the twin home units as proposed in the sketch plan dated May 8 2006 8 General Conditions The general conditions of this Permit are attached as Exhibit liB and incorporated herein 3147 CITY OF CHANHASSEN BY Thomas A Furlong Mayor AND Todd Gerhardt City Manager DEVELOPER BY Its STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 200 by Thomas A Furlong Mayor and by Todd Gerhardt City Manager of the City of Chanhassen a Minnesota municipal corporation on behalf of he corporation and pursuant to the authority granted by its City Council NOTARYPUBUC 4148 STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 200 by of Town Country Homes NOTARY PUBLIC DRAFfEDBY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 5149 CITY OF CHANHASSEN SITE PLAN PERMIT EXHlBIT B GENERAL CONDmON 1 Right to Proceed Within the site plan area the Developer may not grade or otherwise disturb the earth remove trees construct 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 and 3 the City has issued abuilding permit ih reliance on the foregoing conditions having been satisfied 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 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 site plan development 4 Erosion Control Before the site is rough graded and before any building permits are issued the erosion control plan Plan B shall be implemented inspected and approved by the City The City may impose additional erosion control requirements if they would be beneficial All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area Except as otherwise provided in the erosion control plan seed shall be certified seed to provide a temporary ground cover as rapidly as possible All seeded areas shall be fertilized mulched and disc anchored as necessary for seed retention The parties recognize that time is of the essence in controlling erosion If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received fro the City the City may take such action as it deems appropriate to control erosion at the Developer s expense The City will endeavor to notify the Developer in advance of any proposed action but failure of the City to do so will not affect the Developer s and City s rights or obligations hereunder No development will be allowed and no building permits will issued unless there is full compliance with the 1 150 erosion control requirements Erosion control shall be maintained until vegetative cov rhas 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 authroize removal of the erosion control measures 5 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 Jrom streets and the surrounding area that has resulted from construction work by the Developer its agents or aSsigns 6 Warranty All trees grass and sod required in the approved Landscaping Plan Plan C shall be warranted to be alive of good quality and diseasefree at the time of planting All trees shall be warranted for twelve 12 months from the time of planting The Developer or his contractor s shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance 7 Responsibility for Costs A The Developer hall 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 plan 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 B The Developer shall reimburse the City for costs incurred in the enforcement of this Permit including engineering and attorneys fees C The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit 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 8 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 2151 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 9 Miscellaneous A Construction Trailers Placement of on site construction trailers and temporary job site offices shall be approved by the City Engineer Trailers shall be removed from the subject property within thirty 30 days following the issuance of a certificate of occupancy 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 Permit D Breach of Contract Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits E Severability If any portion section subsection sentence clause paragraph or phrase of this Permit is for any reason held invalid such decisionshall not affect the validity of the remaining portion of this Contract F Occupancy Unless approved in writing by the City Engineer no one may occupy a building for which a building permit is issued on either atemporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city G Waivers Amendments The action or inaction of the City shall not constitute a waiver or amendmenttothe 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 Recording This Permit shall run with the land and may be recorded against the title to the property 1 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 to time as often and in such order as may be deemed expedient by the City and shall 3 152 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 contract shall be from 7 00 a m to 9 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 Operation of all int mal combustion engines used for construction or dewatering purpses beyond the normal working hours will require City Council approval K 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 site plan process for each lot This shall be done prior to the issuance of a Grading Permit Any violationdisturbance 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 development of the site plan 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 5 Metropolitan Government its agencies departments and commissions M 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 too enter into this Development Contract N Soil Conditions The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils oFthe 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 O Soil Correction Thed Developer shall be responsible for soil correction work on the 4 153 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 5 154 CONSENT Owners of all or part of the subject property the development of which is governed by the foregoing Site Plan Permit 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 200 By STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 200 by NOTARYPUBUC DRAFfED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 6155 MORTGAGE HOLDER CONSENT TO SITE PLAN AGREEMENT which holds a mortgage on the subject prope the development of which is governed by the foregoing Site Plan Agreement agrees that the Site Plan Agreement shall remain in full force and effect even if it forecloses on its mortgage Dated this day of 20 STATEOFMINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before methis 2day of 20 by NOTARYPUBUC DRAFTED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 7 156 Approved May 22 200 DEVELOPlVlENT DESIGN STANDARDS Liberty at Creekside Development Standards a Intent The purpose of this zone is to create a PUD fora townhouse development The use of the PUD zone isto allow for more flexible design standards while creating a higher quality and more sensitive proposal The PUDrequires that the development demonstrate a higher quality of architectural standards and site design Ancillary uses may be permitted as listed below once a primary use has occupied the site b Permitted Uses The perinitted uses in this zone shall be limited to townhouses including twin homes and their ancillary uses If there is a question as to whether or not a use meets the definition the Planning Director shall make that interpretation The type of uses to be provided on common area Outlots shall be low intensity neighborhood oriented accessory structures to meet daily needs of residents Such uses may include bus shelter development signage garden gazebo maintenance shed picnic shelter or playground equipment c Setbacks The PUD ordinanc requires setbacks from roadways and exterior property lines The following table displays those setbacks Setback Standards Highway 212 50 feet Exterior perimeter Lot Lines 50 feet Front Yard 10 feet Side Yard end units 10 feet Rear Yard 10 feet Minimum Driveway length to back of curb trail or 20 feet sidewalk Hard Surface Coverage 30 Wetland Buffer and buffer setback 16 5 feet and 40 feet Bluff Creek Primary zone boundary 40 feet with the first 20 feet as buffer 1 157 Decks patios porches and stoops may project up to seven 7 feet in tothe r quiredyard The entire development including the public and private streets and Outlots may not exceed 30 percent hard coverage Individual lots will exceed the 30 percent site coverage d Building Materials and Design I Building height shall be limited to35 feet Building exterior material shall be a combination of vinyl siding or shake and brick cut face block or stone No two adjacent structures shall be of the same color scheme Colors used shall be varied across color tones Allunits shall utilize minimum timberline 25 year shingles Each unit shall have a miriimuI11of one overstoty tree within its front landscape yard All mechanical equipment shall be screened with material compatible to the building landscaping or decorative fencing Garage doors shall be decorative and have windows 2 158 CITY OFCHANHASSEN ITEMS REQUIRED FOR FINAL PLAT CONSIDERATION The following items are required to be submitted a minimum of three 3 weeks prior to City Council meeting and payment of a 250 00 final plat review fee 1 Submit three 3 sets of full size construction plans and specifications for staff review and redline Utility plans shall show both plan view and profiles of all utilities sanitary sewer water and storm sewer lines The plan view must show all drainage and utility easements Grading and drainage plans shall show dwelling type and elevations wetlands and wetland buffer areas stormwater pond NWL and HWL EOF and catch basin and storm manhole numbers The construction plans and specifications shall be in accordance to the City s latest edition of Standard Specifications Detail Plates The plans shall include traffic signage and treet light placement 2 Drainage calculations for water quantity and quality ponding with maps showing drainage areas for pre and post development conditions and contributing areas to catch basins 3 Hydraulic calculations and drainage map for the storm sewer design 4 Tree Preservation Easements if applicable 5 Trail Easements if applicable 6 Engineer s Cost Estimate of Public Improvements a Sanitary sewer system b Water system c Storm sewer drainage system including cleaning and maintenance d Streets sidewalk and trails e Erosion control f Site restoration seeding sodding etc g Site grading h Street lights signs i Engineering surveying inspection j Landscaping 7 Five 5 sets folded of final plat one 1 set of reductions 8W x 11 and a digital copy in tif format 8 Digital copy of the legal description of the property in a doc or pdf compatible format 9 Lot tabulations 10 1 200 scale paper or mylar reduction of the final plat with just street names and Lot and Block numbers 11 Legal description of the property properties to be platted Failure to provide any of the above items by the required deadline will result in delaying consideration of final plat before the City Council Updated 020306 g eng forms final plat submittal doc 159 ltiU PATROL DIVISION CHANHASSEN STATION Memo To Mayor City Council From 5gRoss Gullickson oW Date 05 18 07 Re Items for May Council Meeting 1 Sheriff s Office Area Report April Attached 2 Sheriff s Office Area Citation List April Attached 3 Community Service Officer Report 4 Miscellaneous Items I will have brief information for Council on recent activities or items of interest 160 City of Chanhassen Reports For April 2007 161 Listed below is a description of each of the different classifications of calls for service which the Carver County Sheriffs Office received and processed for your area ICRIMINAL Part I Crimes Arson Intentionally destroy property by fire Assault Aggravated Assault where substantial injury is caused or deadly weapon used Burglary Breaking into a residence or business Homicide Intentional taking of a persons life Robbery Taking of property in the presence of another with use of force Rape Forcible sexual assault Theft Taking of property stealing Theft Vehicle Theft of a motorized vehicle Part Crimes Abuse Neglect Chargeable abuse or neglect of children or adults Assault Altercation between parties where actual physical harm occurred Court Order Violations Violation of court orders Disturb Peace Chargeable disturbance of peace Harassment disorderly conduct Drug Violation All drug violations possession of sale of manufacture of Gambling Unlawful operate promote or assist in the operation of gaming Liquor Laws Illegal Consumption sale or possession of liquor Misc Criminal Minor offenses that do not fall under any other classification Property Damage All damage to property including vandalism littering and trespassing on property Runaway Juvenile runaway Sex Crimes Misc sex crimes criminal sexual conduct sexual abuse pornograph indecent exposure Suspicious Activity Suspicious activity where charges result Theft Related Fraud credit card theft ID theft issuance on bad check counterfeiting swindle Traffic Alcohol Traffic stop or accident involving a driver under the influence of alcohol or drugs Traffic Other Traffic stop that results in a traffic criminal charge DAC IPS Hit and Run Weapons Violation of manufacture sale purchase transport use of firearm 162 NON CRIMINAL Aquse Neglect NC Investigation of abuse or neglect of a child or adult where no charges are filed Adoption Record Check Records check for persons adopting a child Alarm Checking on an alarm at a private residence or business Animal Animal bites stray animals All calls involving animals Assist other Agency Assist other law enforcement office state patrol or government departments Auto Accd Fatality Auto accident in which a fatality occurred Auto Accd Injury Auto accident in which injury and property damage occurred Auto Accd Prop Damage Auto accident in which property damage occurred Auto Aced MV vs Deer Auto accident involving a motor vehicle and deer Boat Water All incidents involving boats watercraft and or lakes Child Care Assistance All background checks for soc Ser Unlicensed child care assistance Child Custody Dispute Incidents involving dispute over child custody Civil Process Service of civil papers court orders Assist with civil stand by situations Disturb Peace NC Noise harassments disturbance of peace where charges are not filed Domestic Verbal argument between parties where no charges are filed Must have relation Driving Complaint Complaints of bad driving behavior Drug Information Information regard drug activity No charges filed Employment Background All background checks for employment Fire Call Fires and assist to fire departments Gun Permit Acquire Application for a permit to purchase a handgun Gun Permit Carry Application for a permit to carry a handgun Gun Permit Transfer Applicaton for the transfer of one registered gun to another explosive Firearms Dlr Application for a permit for explosives or firearms dealer license House Business Check Check on residences or business when owners are away from property License Day Care Background check for licensing day care License Foster Care Background check for licensing foster care License Liquor Background check for liquor licensing License Peddler Background check for peddler licensing I Medica Assist persons with medical issues natural cause deaths Mental Health Suicides 72 hr holds for mental health issues Misc Non Criminal General law enforcement questions citizen assists lost and found property civil matters council packets and meetings juvenile disciplinary issues etc Missing Person Missing Lost person Name Change Court order legally changing an individuals name Open Door Located an open door to a business or residence Prowler NC Person on property who does not belong window peeper No charges filed Sex Offender Tracking Request from State to check location of registered sex offender Suspicious Act NC Suspicious persons acts or vehicles no charges Snowmobile All incidents involving snowmobiles Traffic Mise Misc traffic issues stalled vehicle debris on roadway traffic control parking violations vehicle in the ditch and motorist assists Traffic Radar Display Traffic Speed Radar wagon Traffic Stops All traffic stops initiated by officers Transport Transport persons for various reasons Unlock Veh Bldg Unlock doors of automobile residence or business for owners Warrant Issued Warrant issued by Carver County Court Administration Warrant Service Service of warrant for Carver County and other counties 163 CARVER COUNTY SHERIFF S OFFICE City ofChanhassen Month of April 2007 2007 2007 20062006 IM 9 TH I if I M 4 THI 1 1ICITATIONS rimes 1 1 2 o o o 22 2 3 27 o o 1 73 7 ravated Part II crimes Abuse NeQlect 0 0 Assault 8 13 Court Order Violation 2 4 Disturb Peace 10 31 Drua Violations 5 16 Gamblinq 0 0 Liauor Law Viol 4 10 Misc Criminal 1 4 Prooertv Damaqe 16 53 Runawav 1 6 Sex Crimes 1 3 SusDicious Activitv 0 0 Theft Related 8 33 Traffic Alcohol 10 19 Traffic Other 0 1 Weapons 0 0 Tatar Part II Crimes 66 193 305TOTALCRIMINAL94 0 0 2 3 0 16 0 0 0 0 0 1 29 97 0 7 31 1 4 0 2 5 31 1 6 5 19 2 6 0 0 1 9 1 12 26 56 2 10 1 9 1 5 13 40 7 35 1 5 0 0 66 4b 36997 164 2007 2007 MONTH r YTD I INON AJ use Nealect not charaable 2 20 Adoption Records Check 0 0 Alarm 99 384 Animal 51 180 Assist other Aaency 8 35 Auto Accd Fatality 0 0 Auto Accd Iniury 8 31 Auto Accd Prop Damaae 33 159 Auto Accd MV Deer 5 11 Boat Water 1 1 Child Custody Dispute 3 5 Child Care Asst Unlicensed 1 3 Civil Process 2 14 Dist Peace not charaable 34 94 Domestic not charaable 2 23 Drivinq Complaints 51 166 Drua Information Only 0 5 Fire Call 14 74 Gun Permit Acauire 7 36 Gun Permit Carry 6 23 Gun Permit Transfer 0 0 Explosive Firearms Dlr Permit 0 0 House Business Check 3 13 License Day Care 3 17 License Foster Care 0 10 License Liauor 2 27 Medical 58 211 Mental Health 4 20 IMiscNonCriminal46184 Missina Person 2 5 IOpenDoor013 Prowler not charaable 1 3 Snowmobile 0 13SusoiciousActnotcharaable71275 Traffic Mise 82 492 I rafflc Radar Display 0 0TrafficStops3221381 I ransport 0 0 Unlock Veh Blda 8 37IWarrantService949 I I ol NON 938 4014 TOTAL REPORTED 1032 4319 2006 MONTH 2006 YTO 7 21 0 2 72 255 50 100 11 38 0 0 7 22 33 1067 3 10 1 1 2 4 0 0 1 2 51 104 6 21 43 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22 22Q rl 00000 en en r r oren oz oMl lf gg OO 00ggu o l 1O ON 0 10 M Of M Ml l 000 000 000 000 000 000 00000 l V V l V NNNNN 00000 r 174 April CSO Highlights 107 Total Calls The City ot Chanhas sen 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 play175 c2b CHANHASSEN FIRE DEPARTMENT P O Box 97 7610 Laredo Drive Chanhassen MN 55317 Bus Phone 952 227 1200 Minnewashta Station NO 2 Phone 952 474 7094 MEMORANDUM TO Todd Gerhardt City Manager fJ Gregg Geske Fire Chief Roger Smallbeck 15t Assistant Chief Randy Wahl 2nd Assistant Chief Mark Littfin Fire Marshal FROM DATE May 18 2007 SUBJ Monthly City Council update Fire Department Overview Staffing is at 44 active firefighters as of May 18 2007 allocation is 45 PTEs As of May 6 2007 we responded to 190 calls up 26 calls from 164 at this same time last year We responded to a house fire on May 13th and provided mutual aid to Victoria Fire Department for a laundry room fire Fire Training This month training consisted of simulated fire attack and rescue at the Southwest Training Facility in Edina We also did training involving hoseline deployment sprinkler and standpipe connections In June we will be doing medical stations and water rescue training Fire Marshal Recently we had two very minor grass fires and a house fire at 6271 Hummingbird Road on Sunday May 13th at approximately 8 20 pm The home sustained major structural damage and the occupants lost most oftheir personal possessions The garage and a home studio were saved thanks in part to the fire door between the house and garage and actions taken by the Fire Department Mutual aid was received from the Excelsior and Victoria Fire Departments with Eden Prairie Fire Department standing by at Station 1 While standing by Eden Prairie was dispatched to a deck fire on Minnewashta Court On Monday the Chanhassen Fire Department with help from the Carver County Sheriffs Office the Minnesota State Fire Marshal s Office and aprivate fire investigator conducted the house fire 176 Todd Gerhardt May 18 2007 Page 2 investigation We are currently waiting on a final report from an electrical engineer who was also on scene There were three firefighters who received minor injuries were treated and released Fire Inspections New Construction Gateway Apartments will be getting final inspections starting the week of May 21 No problems are anticipated with this project There is nothing new to report at Lifetime Fitness Office at this time The fire sprinkler plans have been reviewed and approved and are currently awaiting building finish plans Waytek on Galpin Court is completed Sign Source is moving into the old Waytek building on Quattro Drive Their move should be completed in the next few weeks Custom Fab finished their addition and the Certificate of Occupancy was signed last week Heartland America s new addition recently got under way with structural steel being erected this week Town and Country has a number of townhomes under various stages ofconstruction with new homeowners moving in now on a regular basis Also the clubhouse at Sienna Corporation received their Certificate of Occupancy for use as a sales office Existing Building Inspections Those being inspected are Target Cub Foods Walgreens and Holiday Service Station These businesses are being inspected as a requirement for getting a permit for selling fireworks Fire Prevention We will be gearing up for summer Safety Camp National Night Out 4th of July celebration and neighborhood block parties The Fire Department recently participated with General Mills at their environmental picnic at Lake Ann on Saturday May 12 Also fire extinguisher training was given to approximately 40 employees at Roberts Automatic Products on Lake Drive 177 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 952 227 1125 Fax 952227 1110 Web Site WINI ci chan hassen mn us 3 MEMORANDUM To Todd Gerhardt City Manager From Lori Haak Water Resources Coordinator l Date May 29 2007 Re National Pollutant Discharge Elimination System NPDES Phase II Municipal Separate Storm Sewer System MS4 Permit 2006 Annual Report ACTION REQUIRED Staff is requesting the City Council 1 Receive public comment on the City s NPDES Phase II MS4 Storm Water Pollution Prevention Program and 2006 Annual Report and 2 Approve the Annual Report for 2006 authorize mayor s signature and submittal to Minnesota Pollution Control Agency BACKGROUND In June 2002 the Minnesota Pollution Control Agency MPCA issued a MS4 general permit for cities discharging stormwater into waters of the state Shortly after the permit was issued the Minnesota Center for Environmental Advocacy MCEA filed an appeal for the permit indicating that it was inappropriate to issue a general permit in place of individual permits and because they believed the MPCA failed to address non degradation and education as part of the permit In May 2003 the Minnesota Court of Appeals ruled in favor of the MCEA The MPCA has since revised their permit to address additional requirements As part of the revised permit Chanhassen and 29 other communities must address the non egradation of all waters This requirement has been added to determine if any new or expanded discharges beyond 1988 baseline conditions exist within the selected communities MR 7050 0815 Chanhassen is currently working with Wenck Associates to develop a non degradation plan This plan will allow Chanhassen to determine if expanded discharges exist and what reasonable measures can be taken to return pollution loading of receiving waters to levels consistently achieved during 1988 baseline conditions 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 play178 NPDES Phase II MS4 Permit Annual Report May 29 2007 Page 2 of 3 The City of Chanhassen submitted a revised application for permit coverage on May 26 2006 Currently the permit application has not been approved by the MPCA due to internal issues within the MPCA It is anticipated that this revised permit application will be approved in 2007 The information in the annual report for 2006 is reporting on Chanhassen s approved 2002 permit HIGHLIGHTS OF PROGRESS 2006 Reduced solid waste and dumping through 5 213 visits to the Carver County Environmental Center by Chanhassen residents Reduced pollution by recovering 3 500 tons of debris through street sweeping efforts Completed storm sewer map All known structures have been identified inventoried and inspected Additional information on new infrastructure storm sewer pipes and flows is added as it becomes available Developed storm sewer maintenance and inspection database Conducted 64 documented construction site inspections in cooperation with the Carver Soil and Water Conservation District Inspections have dramatically increased compliance at construction sites Many inspections of individual homesites also occurred Initiated soil sampling program within parks to assist with soil fertilizing needs Reviewed storm water management erosion and sediment control and wetland ordinances to begin ordinance amendments in response to the Surface Water Management Plan SWMP update Recycled 1 125 gallons of used oil from public works operations Mailed between 400 and 600 notices to remind residents to have septic systems pumped Two systems were identified as failing Maintained natural resources web pages which received over 9 000 web hits Included 9 articles relating to stormwater quality in the Chanhassen Connection Contributed to 5 newspaper articles related to water resources in the Chanhassen Villager ADDITIONAL ACCOMPLISHMENTS 2006 Adopted Second Generation Surface Water Management Plan Installed new culvert under trail at Stone Creek Drive and Bluff Creek to better accommodate large flows Constructed Phase I of rain garden project at Lake Ann Park grading Cooperated with Riley Purgatory Bluff Creek Watershed District in the reconstruction of 5 stormwater ponds in the Lake Riley and Rice Marsh Lake subwatersheds Cooperated with Plowshares Development Inc to construct 1 and expand 2 stormwater management ponds in the Stonefield development and Power Hill Park 179 NPDES Phase II MS4 Permit Annual Report May 29 2007 Page 3 of 3 Completed projects to resolve drainage issues near Hillsdale Court and Harrison Hill Trail in the Longacres neighborhood Adopted slow no wake ordinances to protect Lake Susan and Lotus Lake during times of high water FUTURE PROJECTS 2007 to 2008 Complete ordinance updates associated with the adoption of the Second Generation Surface Water Management Plan Enlarge stormwater pond in Curry Farms Park to provide additional water quality and water quantity benefits Install curb and gutter storm sewer and stormwater ponds in Koehnen Yosemite area Stabilize drainageway in Greenwood Shores subdivision Construct raingardens and stabilize drainageway in Lake Riley Woods subdivision Complete Phase II of raingarden project at Lake Ann Park planting Install curb and gutter storm sewer and stormwater pond in Dogwood Road area Complete 3 lakescaping projects to protect City infrastructure on Christmas Lake Lake Susan and Lotus Lake Conduct a feasibility study for improvements to Triple Crown Estates stormwater system and begin improvements Cooperate with the Riley Purgatory Bluff Creek Watershed District to stabilize portions of Lake Susan shoreline Cooperate with the Riley Purgatory Bluff Creek Watershed District to improve water quality in Lotus Lake watershed RECOMMENDA TION Staff recommends the City Council hold apublic hearing to consider public input on the City s Storm Water Pollution Prevention Program and 2006 Annual Report Staff recommends the City Council adopt the following motion The Chanhassen City Council authorizes the Mayor to sign the City s NPDES Phase IT 2006 Annual Report as attached to this report ATTACHMENTS 1 2006 NPDES Phase II MS4 General Permit Annual Report G ENG LoriNPDES Phase IIMS4 Perrnit2006 Annual Report2006 NPDES Council Memo doc 180 ANNUAL REPORT for 2006 MUNICIPAL SEPARATE STORM SEWER SYSTEMS MS4s For Calendar Year 2006 Due June 30 2007 USE OF THIS FORM IS MANDATORY By completing this Annual Report form you are providing the Minnesota Pollution Control Agency MPCA with a summary of your status of compliance with permit conditions including an assessment of the appropriateness of your identified best management practices BMPs and progress towards achieving your identified measurable goals for each of the minimum control measures as required by the MS4 Permit Submit your annual report by June 30 2007 to Minnesota Pollution Control Agency Municipal Division 520 Lafayette Road North St Paul MN 551554194 If you would like to obtain an electronic copy of the MS4 Annual Report for 2006 form please visit www pca state mn us waterstormwater stormwater ms4 html If you have further questions please contact one ofthese MPCA staff members call toll free 800 657 3864 Keith Cherryholmes 651 296 6945 Joyce Cieluch 218 846 7387 Scott Fox 651 296 9433 Anna Kerr 651 297 5219 City of Chanhassen Name ofMS4 Lori Haak Water Resources Coordinator Name of Contact Person 952 227 1100 Telephone including area code 7700 Market Boulevard PO Box 147 Mailing Address Chanhassen City MN State 55317 ZIP code Minimum Control Measure 1 Public Education and Outreach V G 1 A What is the current population of your MS4 23 889 B Did you hold a public meeting for calendar year 2006 and discuss your Stormwater Pollution 8 Yes D No Prevention Program SWPPP Part V G 1e C What was the date of the public meeting Mav 29 2007 D How many citizens attended specifically for stormwater excluding boardcouncil members and staff E Was the public meeting a stand alone meeting for stormwater or was it combined with some other D Stand alone function such as a City Council meeting 8 Combined F If you did not hold a public meeting on your SWPPP in 2006 explain why wq strm4 06 Page 1 of 6 3 06 181 G The permit requires each MS4 to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff Part V G 1a Please indicate which of the following distribution methods you used Indicate the number distributed in the spaces provided Number Number 1200 2000 Utility bill inserts n a Radio ads n a n a Television ads n a Other Chanhassen Dav Arbor Dav combined Other New Resident 9483 hits from 1 1 06 12 31 06 Welcome Packets 268 packets sent Brochures Newsletter Posters Newspaper articles Q 600 Web site If you use your Web site as a tool to distribute stormwater educational materials indicate the number of hits to the stormwater page in the space above if available and provide the URL reference here http www ci chanhassen mn us serv nresourc html H At what stage of development do you believe your stormwater education program currently is in Check the one that most accurately reflects the current status of your education program as a whole D Not started D Research 8 Development D Implementation D Program fully in place I Have you developed partnerships with other MS4s watershed districts local or state governments 8 Yes D No educational institutions etc to assist you in fulfilling the requirements for Minimum Control Measure I If yes list those entities with which you have an agreement and describe the nature of the agreement s Carver SWCD Provides education to education to NPDES construction permit holders on best management practices and requirements on site during inspection Watershed Partners Provided regional storm water education efforts IMinimum Control Measure 2 Public Participation Involvement V G 2 A During your public meeting did you receive written and or oral input on your SWPPP Part 8 Yes D No V G 2 b 1 3 Input must be considered prior to submittal ofyour annual report B Did you create a record of comments and your response to comments record of decision ROD 8 Yes D No 8 Yes D No 8 Yes D No C Have you kept the ROD in accordance with the permit Part V G 2 b D Do you plan to incorporate any comments into your next SWPPP update Part V G 2 c If yes list items IMinimum Control Measure 3 Illicit Discharge Detection and Elimination V G 3 The permit requires each MS4 to develop implement and enforce a program to detect and eliminate illicit discharges as defined at 40 CFR 122 26 b 2 into your SWPPP You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure A Have you completed the storm sewer system map in accordance with the requirements of the permit 8 Yes DNo Ifno by what date do you expect to have it completed The complete storm sewer system map must be finished by June 30 2008 Part V G3 a wq strm4 06 Page 2 of 6 3 06 182 B Has an ordinance or other regulatory mechanism been adopted to prohibit illicit discharges or other DYes 8 No non stormwater discharges from entering your system Ifyes provide the date the regulatory mechanism was adopted If no provide date of adoption February 12 2007 adopted in 07 C Have you developed a program for illicit discharge detection and elimination 8 Yes D No D If yes when do you expect that your program will be implemented Annually with required inspections starting in 2006 E If no by what date do you expect to have a program developed Minimum Control Measure 4 Construction Site Stormwater Runoff Control V G 4 The permit requires that each MS4 develop implement and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of greater than or equal to one acre or less than one acre but is part of a common plan of development that will be one acre or greater Part V GA A Have you adopted an ordinance or other regulatory mechanism that regulates stormwater runoff from construction activities that result in land disturbance of greater than or equal to one acre or less than one acre which are a part of a common plan of development or sale that will ultimately disturb one acre or more 8 Yes D No B Does your regulatory mechanism require appropriate BMPs and pollution prevention management measures Ifyes which of the following are included check all that apply 8 Temporary erosion controls 8 Record keeping for rainfall and inspections 8 Permanent erosion controls 8 Waste controls for hazardous waste 8 Waste controls for solid waste 8 Dewatering and basin draining 8 Regular inspections by site operators 8 Site plan submittal including erosion and sediment control BMPs 8J BMP maintenance 8J Site plan review and approval prior to activity on site 8J Permanent stormwater management facility approval D Other 8J Yes D No C Does your regulatory mechanism have sanctions included to ensure compliance including an enforcement component Ifyes which of the following actions does your MS4 use Check all that apply 8 Verbal warnings 8J Written warnings 8J Stop work orders D Fines 8 Forfeit of security bond money 8J Withholding of certificate of occupancy 8 Other Escrow for Erosion Control 8 Yes D No wq strm4 06 Page 3 of6 3 06 183 Minimum Control Measure 5 Post construction StormwaterManagement in New DeveloplTlentand Redevelopment V G 5 The permit requires each MS4 to develop implement and enforce a program to address stormwater runoff from new development and redevelopment projects within your jurisdiction that disturb greater than or equal to one acre including projects less than one acre that are part of a larger common plan of development or sale that discharge into your small MS4 Your program must ensure that controls are in place that would prevent or reduce water quality impacts You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure A Have you developed and implemented strategies which include requirements for a combination of 8 Yes D No structural andor non structural BMP appropriate for your community B Is an ordinance or other regulatory mechanism currently in place to address post construction DYes 8 No runoff from new development and redevelopment projects to the extent allowable under law If yes provide the date the regulatory mechanism was adopted If no provide an estimated date of adoption February 12 2007 adopted in 2007 C Is a plan in place to ensure adequate long term operation and maintenance of BMP installed as a 8 Yes D No result of these requirements D Do you feel long term operation and maintenance of stormwater management is adequately D Yes D No funded Minimum Control Measure 6 Pollution PreventionGood Housekeeping for Municipal Operations V G 6 The permit requires each MS4 to develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations Your program must include employee training to prevent and reduce stormwater pollution from activities such as park and open space maintenance fleet and building maintenance new construction and land disturbances and stormwater system maintenance A Do you have an operation and maintenance program currently in place B Does your program contain an employee training component 8 Yes D No 8 Yes D No C Indicate the total number of structural pollution control devices manholes grit chambers sumps floatable skimmers etc within your MS4 how many were inspected and calculate the percentage Total Number Number Inspected Percentage Structural Pollution Control Devices 106 106 100 D As a result of your inspections did you repair replace or maintain any structural pollution control 8 Yes D No devices E For each BMP below indicate the total number within your MS4 how many of each BMP type were inspected and calculate the percentage BMP Type Total Number Number Inspected Percentage Outfalls 39 39 100 Sediment Basins Ponds TOTAL 146 185 146 185 100 IAdditional SWPPP Issues The permit requires that any MS4 with a discharge to a Water ofthe State that appears on the current U S EP A approved list of impaired waters under Section 303 d of the Clean Water Act review whether changes to your SWPPP may be warranted to reduce the impact of your discharge IV D wq strm4 06 Page 4 of 6 3 06 184 A Have you identified all impaired waters within your jurisdiction based on the most recent 303 d listing which receive stormwater discharge from your MS4 Check here ifyour MS4 has no impaired waters D B Do you have a process in place to identify and update the list of impaired waters which receive discharges from your MS4 as new waters are added to the 303 d list c Have you determined that any stormwater discharges from your MS4 are negatively impacting any impaired water s therefore warranting that a revision to your SWPPP to address this issue Check here if your MS4 has no impaired waters D D Provide the following information of the individual responsible for conducting the review of discharges to impaired waters and any associated BMP modifications Name Lori Haak Title Water Resources Coordinator Phone 952 227 1135 Email lhaak@ci chanhassen mn us E Did you make a change to any identified BMPs or measurable goals that were submitted with your permit application Part V G 6 b l Ifyes explain gI Yes D No gI Yes D No DYes gI No DYes 8 No F Briefly list the BMPs using their unique identification numbers you used in your SWPPP or any measurable goals that will be changed in your updated SWPPP and why they have changed Attach a separate sheet ifnecessary G Did you rely on any other entities MS4s consultants or contractors to satisfy any portion of your SWPPP If yes please identify below the entity and for what activities Short Elliot Hendrickson SEH Surface Water Management Plan Update StormWetland Inventory and Inspection Carver SWCD NPDES construction permit inspection education and documentation Watershed Partners Regional storm water education 8 Yes D No wq strm4 06 Page 5 of 6 3 06 185 lowner or OperatQr Certification The person with overall administrative responsibility for SWPPP implementation must sign the annual report This person must be duly authorized and should be the person who signed the MS4 permit application or a successor Icertify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information the information submitted is to the best of my knowledge and belief true accurate and complete Minn R 7001 0070 I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment Minn R 7001 0540 X Authorized Signature This person must be duly authorized to sign the annual report for the MS4 Furlong Last Name 7700 Market Boulevard P O box 147 Mailing Address Chanhassen City 952 227 1100 Telephone include area code Date Thomas First Name Mayor Title MN 55317 State ZIP code tfurlong@ci chanhassen mn us E mail Address wq strm4 06 Page 6 of6 3 06 186 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 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 www ci chanhassen mn us f MEMORANDUM TO Todd Gerhardt City Manager FROM Bob Generous Senior Planner DATE otMay292007 SUBJ Arboretum Business Park 7th Addition and Mamac Systems Planning Case 07 10 EXECUTIVE SUMMARY The proposed development includes the subdivision preliminary and final plat of 12 22 acres into two developable lots and one outlot for a stormwater pond a conditional use permit for development within the Bluff Creek corridor and a site plan review for a 51 800 square foot office warehouse manufacturing building with a variance from the window requirement and from the Bluff Creek primary zone setback to a drive aisle to access the parking area on the east side of the building ACTION REQillRED City Council approval requires a majority of City Council present PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on May 15 2007 to review the proposed development The Planning Commission voted 7 for and 0 against a motion recommending approval of the proposed development The Planning Commission minutes are attached There were no issues or concerns raised regarding the proposed development as part of the public hearing process RECOMMENDATION Staff recommends adoption of the three motions as specified on pages 16 21 in the staff report dated May 15 2007 approving the project A TTACHMENTS 1 Resolution Approving the Final Plat for Arboretum Business Park ih Addition 2 Planning Commission Staff Report Dated May 15 2007 3 Planning Commission Minutes dated May 15 2007 g plan 2007 planning cases 07 1O arboretum business park 7th addition rnamac systems executive summary 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 play187 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA DATE RESOLUTION NO MOTION BY SECONDED BY A RESOLUTION APPROVING A FINAL PLAT CREATING ARBORETUM BUSINESS PARK SEVENTH ADDITION CHASKA GATEWAY PARTNERS LLP WHEREAS Chaska Gateway Partners LLP have requested a subdivision of their property into two lots of 4 96 and 5 23 acres and an outlot of 2 03 acres and WHEREAS the proposed subdivision complies with all requirements of the Chanhassen City Code and the Arboretum Business Park Development Design Standards and WHEREAS the Chanhassen Planning Commission held a public hearing on May 15 2007 and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance and recommended approval of the subdivision NOW THEREFORE BE IT RESOLVED that the Chanhassen City Council hereby approves the final plat for Arboretum Business Park ih Addition Planning Case 07 10 for the Chaska Gaateway Partners LLP property legally described as Outlot C Arboretum Business Park creating Lots 1 and 2 Block 1 and Outlot A Arboretum Business Park 7th Addition as shown on the plans prepared Schoell Madsen dated April 16 2007 and as amended by the City subject to the following conditions 1 Submit 1 200 scale plan of proposed lots required for addressing purposes 2 A lO foot clear space must be maintained around fire hydrants ie street lamps trees shrubs bushes Xcel Energy Qwest cable TV and transformer boxes This is to ensure that fire hydrants can be quickly located and safely operated by firefighters 3 No burning permits shall be issued for trees to be removed Trees and shrubs must either be removed from site or chipped 4 The developer shall be responsible for planning engineering and constructing the wetland trail Connection points for this new trail shall be the terminus ofthe Trotters Ridge trail the intersection of Century Boulevard and West 82nd Street and the intersection of Century Boulevard and Water Tower Place Bid documents including plans and specifications shall be approved by the Park Recreation Director and City Engineer prior to soliciting bids Project bidding shall occur in a competitive environment with a minimum of three bids being received The results of the bidding process shall be reviewed with the Park Recreation Director and City Engineer prior to award Cash payment for trail construction shall be made from the City of Chanhassen to Steiner Development upon completion inspection and acceptance of the trail 1 188 5 Trail easements within Lots 1 and 2 and Outlot A Arboretum Business Park 7th Addition formerly Outlot C Arboretum Business Park shall be dedicated to the City to accommodate the wetland trail 6 The developer shall pay trail fees in the amount of 10 190 00 prior to the recording of the final plat 7 The developer must prepare plans depicting an agreed upon trail alignment and details for a required bridge crossing and typical construction cross section for a lO foot wide trail prior to recording the final plat 8 A wetland buffer with a minimum width of 16 5 feet shall be maintained around all AgUrban wetlands Wetland buffer areas shall be preserved surveyed and staked in accordance with the City s wetland ordinance The applicant shall install wetland buffer edge signs under the direction of City staff before construction begins and shall pay the City 20 per sign All structures shall maintain a setback of at least 40 feet from the wetland buffer edge The wetland buffer setback shall be shown on the plans 9 All structures shall be set back at least 40 feet from the Bluff Creek primary zone The first 20 feet of the setback from the primary zone cannot be disturbed The plans shall be revised to show the primary zone boundary the 40 foot setback from the primary zone and the 20 foot buffer area adjacent to the primary zone If alteration is proposed within the 20 foot buffer area adjacent to the primary zone a variance will be required 10 Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the primary zone boundary 11 The general notes on erosion and sediment controls are incomplete A new SWPPP shall be developed by the engineer for the site The SWPPP shall be in place prior to applying for the NPDES permit Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site The SWPPP shall include all details sequencing of the project and seeding and mulching specifications 12 Temporary and permanent erosion control plans and details shall be included in the plans Temporary erosion control may consist of type 1 mulch as well as temporary and permanent seed mixes 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 2 189 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 13 Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting Filter fabric held down by steel plates with 12 of inch rock over each cover may be used Once casting of inlets takes place inlet controls shall be installed within 24 hours Inlet protection shall be maintained on a regular basis The plans and SWPPP shall be revised to include standard details for all inlet protection devices 14 Manholes with two foot sumps shall be installed as the last road accessible structures prior to discharge into the stormwater pond 15 Chanhassen Type 2 Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds Chanhassen Type 1 silt fence shall be used around the remaining areas All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shal to have J Hooks installed every 50 feet 16 The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site For example if turbid water is found in the stormwater pond a plug could be placed in the flared end section FES of the outlet structure so sediment does not go off site Once settling of the sediment occurs the water could be slowly released 17 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed Provisions for street cleaning shall be included in the SWPPP 18 Drainage and utility easements minimum 20 feet in width shall be provided over all existing and proposed storm water infrastructure 19 The total SWMP fee due payable to the City at the time of final plat recording is 102 838 20 The developer may dedicate Outlot A Arboretum Business Park 7th Addition to the City 21 The developer s engineer must submit hydrology calculations that verify that the site design is consistent with the preliminary plat assumptions and that the pond meets NPDES requirements for this site 22 When a site plan for Lot 2 is submitted for approval the applicant must submit calculations verifying that the proposed design meets the pond design assumptions and meets other agency requirements e g NPDES Phase 2 permit 23 Upon approval of the site plan for Lot 2 the applicant must post an escrow for the street repair required for the utility service extension 3 190 Passed and adopted by the Chanhassen City Council this 29th day of May 2007 ATTEST YES NO Thomas A Furlong Mayor ABSENT Todd Gerhardt City ClerkManager g plan2007 Planning Commission 07 1O Arboretum Business Park 7th AdditionResolution ABP 7th Add 4 191 El Z U Il El El Il rJJ PC DATE May 15 2007 CITY OF CHANHASSEN CC DATE JHRe 11 2997 May 29 2007 REVIEW DEADLINE June 12 2007 CASE 07 10 BY AF BG LB ML JM J8 KM STAFF REPORT PROPOSAL Subdivision approval for two lots and one outlot Arboretum Business Park 7th Addition Conditional Use Permit for development within the Bluff Creek Corridor Site Plan approval for a 51 800 square foot office warehouse building Mamac Systems proposed in two phases of 35 000 and 16 800 square feet of building area with Variances LOCATION Northeast corner of Century Boulevard and West 82nd Street APPLICANT S Asim Gul 7400 Flying Cloud Drive Minneapolis MN 55344 3720 952 835 1626 Chaska Gateway Partners LLP c o Steiner Development Inc 3610 County Road 101 Wayzata MN 55391 952 475 5122 PRESENT ZONING Planned Unit Development PUD 2020 LAND USE PLAN Office Industrial and Parks Open Space ACREAGE 12 22 acres DENSITY F A R 0 24 SUMMARY OF REQUEST The developer is proposing subdivision of the Outlot into two lots and one outlot and site plan approval for a 35 000 square foot building with a future expansion of 16 800 square feet total building area is 51 800 square feet LEVEL OF CITY DISCRETION IN DECISION MAKING The City s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance If it meets these standards the City must approve the preliminary plat This is a quasi judicial decision The City has limited discretion in approving or denying conditional use permits based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance If the City finds that all the applicable conditional use permit standards are met the permit must be approved This is a quasi judicial decision The City s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements If it meets these standards the City must then approve the site plan This is a quasi judicial decision The City s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards This is a quasi judicial decision 192 Location Map Arboretum Business Park 7th Addition Mamac Systems Planning Case 07 10 City of Chanhassen rc e Village Trl ARBORETUM BLVD I a3i co w z w at r 7iOWer p 81 i cq Cld n City of Chas DO 0 Chanhassen Nature Preserve SCANNED193 Arboretum Business Park ih AdditionlMamac Systems Planning Case 07 10 May 15 2007 Page 2 of21 PROPOSAL SUMMARY The proposed development includes the subdivision of 12 22 acres into two developable lots and one outlot for the stormwater pond A conditional use permit for development within the Bluff Creek corridor is required Additionally a 51 800 square foot office warehouse manufacturing building is proposed on the southerly of the two lots The building is proposed to be built in two phases with 35 000 square feet initially then an additional 16 800 square feet as a second phase As part ofthe site plan review the applicant is requesting a variance down to 32 percent transparency from the 50 percent transparent window and doors requirement on the western building elevation and a setback variance of20 feet from the 40 foot setback requirement from the Bluff Creek primary zone in the southeast comer of the site to permit the drive aisle to the parking area on the east side of the building The project is located with the Arboretum Business Park development The property to the north and east is part of the 100 acre complex owned by the City for permanent open space To the south is office and industrial development within the City of Chaska To the west are Century Boulevard and the Heartland America building The high point on the site with an elevation of 983 is located in the west central portion of the property across from the driveway to the Heartland America building The low point on the property is located in the northeast comer ofthe site with an elevation of943 A wooded area is located along the eastern property line and is part of the Bluff Creek primary zone A wetland 194 Arboretum Business Park ih AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 3 of21 extending beyond the borders of the site is located along the northern property line An existing regional stormwater pond is located on the south side ofthe parcel Prior to the development of the Arboretum Business Park the open portion ofthe site was cultivated for field crops The proposed subdivision complies with the Chanhassen City Code and the Arboretum Business Park standards Staff is recommending approval of the subdivision the conditional use permit and the proposed site plan with the variance to the fenestration requirement and a variance to the Bluff Creek primary zone setback for the access drive aisle subject to the conditions ofthe staff report APPLICABLE REGUATIONS Chapter 18 Subdivisions Chapter 20 Article II Division 3 Variances Chapter 20 Article II Division 6 Site Plan Review Chapter 20 Article IV Division 2 Conditional Use Permits Chapter 20 Article VI Wetland Protection Chapter 20 Article XXIII Division 7 Design Standards for Commercial Industrial and Office Institutional Developments Chapter 20 Article XXXI Bluff Creek Overlay District Arboretum Business Park Development Standards BACKGROUND On December 10 2001 the City approved an amendment to the Planned Unit Development PUD 92 6 Development ContractJPUD Agreement for Arboretum Business Park incorporating printing as a light industrial use permitting indoor recreationlhealth clubs and recording studios in the existing office industrial buildings in the project and prohibiting vocational schools public buildings except in Outlots A and B screened outdoor storage and food processing On July 28 1997 the City Council approved the following the ordinance for PUD 92 6 rezoning approximately 154 acres from Agricultural Estate A2 to Planned Unit Development PUD and the PUD 92 6 granting final plat approval for Arboretum Business Park On June 23 1997 the City Council approved aResolution that the AUAR be revised to incorporate the summary of issues and mitigation plan contained in this staff report that the revisions to the Traffic Study prepared by SRF outlined in the staff report be incorporated into the study and that the revised AUAR be adopted by the City On May 27 1997 the City Council approved the following Approved the first reading for rezoning the property from Agricultural Estate A2 to Planned Unit Development PUD 195 Arboretum Business Park ih AdditionlMamac Systems Planning Case 07 10 May 15 2007 Page 4 of21 Approved the preliminary PUD 92 6 for an office industrial business park and preliminary plat approval for 12 lots 2 outlots and associated right of way subject to the plans dated April 4 1997 revised May 23 1997 with conditions The City Council approved a Wetland Alteration Permit for Gateway Business Park subject to the conditions of preliminary PUD 92 6 approval The City Council approved Interim Use Permit 97 1 for Gateway West Planned Unit Development site subject to conditions SUBDIVISION REVIEW The developer Chaska Gateway Partners is proposing the creation of two lots and one outlot This parcel was originally preliminary platted as one lot Since the developer is proposing the creation of an additional lot and outlot the requests exceeds the previous approval and must be treated as a new subdivision Sewer and water service storm water ponding and public streets were provided as part of a previous phase of the Arboretum Business Park development GRADING DRAINAGE AND EROSION CONTROL The high point ofthe property currently lies on the central portion of Lot 1 with gentle slopes extending to the south east and north The grades become steeper on the northern portion of Lot 2 as the grade drops toward the wetland The developer proposes to mass grade the site Fill for Lot 1 will come from Lot 2 and from the Heartland building expansion across Century Boulevard Runoff from Lot 1 will be treated in the pond within Outlot A which was constructed with the first phase The developer s engineer must submit hydrology calculations that verify that the site design is consistent with the preliminary plat assumptions and that the pond meets NPDES requirements for this site The grading plan does not include any ponding for Lot 2 which currently drains overland to the existing wetland to the north consistent with the preliminary plat plans The developer has indicated that storm sewer will be installed when Lot 2 develops This storm sewer will discharge to the existing pond in the southeast comer of Century and Coulter Boulevards When a site plan for Lot 2 is submitted for approval the applicant must submit calculations verifying that the proposed design meets the pond design assumptions and meets other agency requirements e g NPDES Phase 2 permit EROSION AND SEDIMENT CONTROL Storm Water Pollution Preventive Plan SWPPP The general notes on erosion and sediment controls are incomplete A new SWPPP should be developed by the engineer for the site The SWPPP must be in place prior to applying for the NPDES permit Additional information regarding SWPPP requirements can be obtained through 196 Arboretum Business Park ih AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 5 of21 the MPCA Storm Water Web Site The SWPPP should include all details sequencing ofthe project and seeding and mulching specifications Erosion Control Temporary and permanent erosion control plans and details must be included in the plans Temporary erosion control may consist of type 1 mulch as well as temporary and permanent seed mixes Erosion control blanket should be installed on all slopes greater than or equal to 3 1 All exposed soil areas should 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 Sediment Control Inlet controls are needed for all inlets throughout the project and should be installed within 24 hours of inlet installation prior to casting Filter fabric held down by steel plates with 12 inches of inch rock over each cover may be used Once casting of inlets takes place inlet controls must be installed within 24 hours Inlet protection must be maintained on a regular basis The plans and SWPPP should be revised to include standard details for all inlet protection devices Manholes with two foot sumps should be installed as the last road accessible structures prior to discharge into the storm water pond This will help to prolong the maintenance interval of the proposed stormwater pond Chanhassen Type 2 Heavy Duty silt fence is needed around all wetlands and stormwater ponds Chanhassen Type 1 silt fence should be used around the remaining areas All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property must to have J Hooks installed every 50 feet The existing stormwater pond and areas downstream ofthe pond must be protected from sediment produced by the construction site For example if turbid water is found in the stormwater pond aplug could be placed in the flared end section FES of the outlet structure so sediment does not go off site Once settling of the sediment occurs the water could be slowly released Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as needed Provisions for street cleaning should be included in the SWPPP 197 Arboretum Business Park 7th AdditionlMamac Systems Planning Case 07 10 May 15 2007 Page 6 of 21 Easements Drainage and utility easements minimum 20 feet in width should be provided over all existing and proposed storm water infrastructure SURFACE WATER MANAGEMENT FEES Based on the proposed developed area of 10 19 acres the total SWMP fee due payable to the City at the time of final plat recording is 102 838 OTHER AGENCIES The applicant must apply for and obtain permits from the appropriate regulatory agencies ie Riley Purgatory Bluff Creek Watershed District Minnesota Pollution Control Agency and comply with their conditions of approval WETLANDS One AglUrban wetland basin exists on site Schoell and Madson Inc delineated the wetlands in 2007 Wetland 1 is located in the northeast portion of the site No impact is proposed to this basin A wetland buffer with a minimum width of 16 5 feet must be maintained around all AglUrban wetlands 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 The wetland buffer setback should be shown on the plans UTILITIES Eight inch diameter sanitary sewer and watermain were stubbed out from Century Boulevard with City Project 97 1 The property was assessed for these improvements the assessment has been paid The development plans show the services for Lot 1 extending from these stubs The developer has indicated that services for Lot 2 will be extended from the existing trunk watermain and lateral sanitary sewer within Century Boulevard Upon approval of the site plan for Lot 2 the applicant must post an escrow for the street repair required for the utility service extension Privately owned and maintained storm sewer will be installed within Lot 1 The private storm sewer should be realigned so that it will not lie within the footprint for the future building expansIon 198 Arboretum Business Park ih AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 7 of21 STREETS Access for both parcels will be from Century Boulevard a major collector The recommended access spacing along Century Boulevard is 200 feet The curb and gutter on Century Boulevard is not surmountable therefore the site developer must remove the curb and gutter at the approved access locations and construct a concrete apron per City Detail Plate 5207 The southern access to Lot 1 aligns with the existing access to the Heartland building The northern access to Lot 1 is approximately 150 feet north and will serve as a tractor trailer access Staff supports the proposed northern access since it will be primarily used for tractor trailer delivery vehicles The site developer must replace the catch basin casting at the northern access with a surmountable casting The plans do not identify access locations for Lot 2 The frontage of Lot 2 is approximately 385 feet Due to the presence ofthe wetland to the north of Lot 2 access cannot align with Water Tower Place Actual access location s to Lot 2 shall be considered with the site plan approval process for Lot 2 The drive aisle width east and southeast of the building should be reduced to 26 feet PARKS AND RECREATION Trails The developer shall be responsible for planning engineering and constructing the wetland trail This trail follows an alignment generally described as the western edge of Outlot B Arboretum Business Park Connection points for this new trail shall be the terminus of the Trotters Ridge trail the intersection of Century Boulevard and West 82nd Street and the intersection of Century Boulevard and Water Tower Place Portions of said construction will occur offsite of the Arboretum plat within land owned by the City of Chanhassen Trail easements within Outlot C will be required to accommodate the trail A diagram depicting the general alignment of the wetland trail is attached In consideration for this trail construction the City shall compensate the developer full costs of trail construction plus a 10 design and construction management fee Bid documents including plans and specifications shall be approved by the Park Recreation Director and City Engineer prior to soliciting bids Project bidding shall occur in a competitive environment with a minimum of three bids being received The results of the bidding process shall be reviewed with the Park Recreation Director and City Engineer prior to award Cash payment for trail construction shall be made from the City of Chanhassen to Steiner Development upon completion inspection and acceptance of the trail 199 Arboretum Business Park ih AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 8 of21 In lieu of crediting trail fees against said trail construction full trail fees shall be collected per City ordinance for all lots in the Arboretum Business Park Said fees shall be deposited into the City s trail dedication account the same account that will fund the cash payment being made to the developer for trail construction The cash trail fee for Lot 1 Arboretum Business Park ih Addition is 4 960 The cash trail fee for Lot 2 Arboretum Business Park 7th Addition is 5 230 The current plan submittal does not include this trail Future submittals must depict an agreed upon trail alignment and details for a required bridge crossing and typical construction cross section for a 10 foot wide trail Parks Proposed Troils u ExislTroils Arboretum Business Park 7th Addition Trail Alignment t s Nb JlII6sflJ1lr All park conditions of approval have been met for Arboretum Business Park ih Addition COMPLIANCE TABLE Area sq ft Fronta2e ft Depth ft Notes Code 43 560 200 200 Lot 1 215 986 344 517 4 96 ac Lot 2 227 852 383 648 523 ac Outlot A 88 560 2 03 ac Storm water pond Total 532 398 12 22 ac The proposed subdivision complies with the standards for the Arboretum Business Park and City Code Staff is recommending approval of the subdivision CONDITIONAL USE PERMIT BLUFF CREEK OVERLAY DISTRICT Bluff Creek is entirely within the City ofChanhassen It provides a unique blend of habitat vegetation and recreational opportunities through the center of the City In December 1996 the City ofChanhassen adopted the Bluff Creek Watershed Natural Resources Management Plan 200 Arboretum Business Park ih AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 9 of21 BCWNRMP The plan was the culmination of several years of study and planning focused on protecting the natural and recreational resources provided by the Bluff Creek corridor The BCWNRMP recommended the establishment of a primary zone the creek riparian wetlands associated steep slopes native vegetation and a secondary zone other undeveloped portions of the watershed as a tool to help protect the creek s natural resources The primary and secondary zones were mapped at that time using aerial photography to provide staff and the public with a general idea of where the zones would lie Generally properties within the Bluff Creek Overlay District are subject to the following requirements I A conditional use permit CUP is required prior to all subdivision site plans land alteration and building within the Bluff Creek Overlay District 2 Bluffs must be preserved as set forth in Article XXVIII of City Code 3 Density transfer can be used to cluster development in areas where the location of the primary zone makes portions ofthe site unsuitable for development 4 Natural habitat areas within the primary zone must be preserved as open space 5 The primary zone must be 100 percent open space 6 All structures must be set back at least 40 feet from the primary zone 7 The first 20 feet ofthe setback from the primary zone cannot be disturbed Staff has reviewed the mapped primary zone boundary and adjusted the boundary based on site conditions The plans should be revised to show the primary zone boundary the 40 foot setback from the primary zone and the 20 foot buffer area adjacent to the primary zone It appears that the applicant is proposing alteration within the 20 foot buffer area adjacent to the primary zone The grading is to accommodate drive areas adjacent to the primary zone If alteration is proposed within the 20 foot buffer area adjacent to the primary zone a variance will be required Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the primary zone boundary The project proposes construction of an access driveway within a portion ofthe Bluff Creek Overlay District primary zone setback and grading within the buffer area The encroachment into the primary zone setback requires a variance This driveway is necessary for safety purposes to maintain separation between truck and automobile traffic To mitigate for the impacts to the primary corridor the applicant should submit a plan for the restoration of areas adjacent to the Bluff Creek Corridor with species consistent with the City s Bluff Creek Watershed Natural Resources Management Plan Additionally the parking lot drive aisles on the eastern side of the building shall be reduced to 26 feet to reduce the grading into the primary zone setback and buffer see attached findings of fact for variance justification 201 Arboretum Business Park ih AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 10 of21 GENERAL SITE PLAN ARCHITECTURE ARCHITECTURAL COMPLIANCE The developer is proposing a one story 18 foot height 51 600 square foot office warehouse manufacturing building on 4 96 acres Building materials consists of rock face block aluminum storefront windows with canopies with a flat roof Size Portion Placement Due to site topography and proposed grading the main entry to the building is located on the south elevation of the building The entry is articulated by being recessed four feet from the building fa9ade and projected eight inches out from the face of the building with a parapet that extends above the balance of the building parapet Material and Detail and Color The developer is proposing the use of reddishbrown rock face concrete block as the primary building material and limestone colored smooth face single scored concrete block as the upper building material Storefront type windows with silver aluminum framing with champagne colored canopies extend across the west and a portion of the south building elevation Brown metal coping tops the parapet Vertical elements are provided by extending the base rock face block in pilasters at regular intervals around the building These columns project four inches out from the face of the building Height and Roof Design The project proposes a flat roof with a small parapet The building is one story with the top of the parapet 18 feet above grade Pitched roof elements include the use of canopies over the windows and the raised parapet above the main entrance The owner is not planning on having any exterior mechanical units They are planning on a hydronic system with heat recovery from their manufacturing equipment and an internal chiller This company designs and manufactures control systems for commercial HV AC systems 202 Arboretum Business Park ih AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 11 of21 Facade Transparency 50 percent ofthe first floor elevation that is viewed by the public shall include transparent windows and or doors All other areas shall include landscaping material and architectural detailing and articulation The applicant is requesting an 18 percent variance from this requirement Site topography limits the ability to install more windows on the western building elevation In order to meet the window requirement the developer would need to extend the bottom of the window below grade or raise the top of the window into the roof structure of the building or create an irregular window pattern across the western building elevation see attached findings of fact for variance justification Site Furnishing Community features may include landscaping lighting benches tables The developer shall incorporate a gathering space in the eastern portion of the site including benches andor tables overlooking the natural areas to the east Loading Areas Refuse Area etc Screening of service yards refuse and waste removal other unsightly areas and truck parking loading areas is accomplished through the location of this area on the north side ofthe building with a rock face block trash enclosure and wooden gate Landscaping The proposed development preserves the trees within the primary zone located on the east and southeast portions of the site Minimum requirements for landscaping include 4 862 square feet oflandscaped area around the parking lot 19 trees for the parking lot and bufferyard plantings along Century Boulevard as well as neighboring property lines Applicant s proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table Required Proposed Vehicular use landscape area 4 862 sq ft 4 862 sq ft Trees parking lot 19 overstory trees 8 overstory trees Islands parking lot 10 islands or peninsulas 13 islands peninsulas Century Blvd bufferyard C 6 overstory trees 8 oversotry trees 300 15 understory trees o understory trees 15 shrubs 18 shrubs North property line 6 overstory trees No plantings proposed bufferyard B 480 10 understory trees 18 shrubs 203 Arboretum Business Park ih AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 12 of21 Applicant does not meet minimum requirements for trees in the parking lot area or bufferyard areas Staffrecommends that the applicant increase the number of trees in the parking lot and bufferyards to meet minimum landscape requirements The applicant is proposing sod from the edge of the parking lot west to the edge ofthe woods and south to the edge ofthe grading limits Since both ofthese adjacent areas are natural and undeveloped staff recommends that the sod only be extended 15 feet beyond the pavement and the remaining area be seeded with a native mix If necessary erosion control materials will be required in the seeded areas Lot Frontage and Parking location Parking is distributed around the building with 41 spaces west of the building 9 south ofthe building and 36 east ofthe building No more than 50 percent ofthe parking shall be between the front fayade and the primary street LIGHTING SIGNAGE Site lighting may be provided via 30 foot taIllight poles fixtures A decorative shoebox fixture high pressure sodium vapor lamps or metal halide lights with a square ornamental pole shall be used throughout the development area for area lighting All lighting shall be shielded Wall mounted units shall be shielded The developer is proposing 140 square feet of illuminated wall signage on the southwest comer ofthe building Wall signs shall be permitted per City ordinance for industrial office park sites Based on the wall area this size sign complies with the sign ordinance standards The developer is also proposing an 8 foot tall monument sign at the entrance on Century Boulevard with 475 square feet of sign area which would also comply with ordinance The monument base would be constructed of the same material as the building Signage must include individual dimension lettering Lettering must be a minimum of inch in depth to be classified as dimensional lettering Flat panel signs are not permitted Logos may only occupy 15 percent ofthe sign area A separate sign permit is required for each sign ACCESS Access to the site is proposed via two driveways off Century Boulevard The southerly access is across from the access to the Heartland Building The northerly site access is primarily for trucks The developer shall install a sidewalk from the building to the trail on Century Boulevard Pedestrian ramps shall be installed at all curbs along this pathway MISCELLANEOUS The building is required to have an automatic fire extinguishing system The building plans must be prepared and signed by design professionals licensed in the State of Minnesota Four 4 accessible parking spaces must be provided Detailed occupancy requirements cannot be 204 Arboretum Business Park ih AdditionlMamac Systems Planning Case 07 10 May 15 2007 Page 13 of21 reviewed until complete plans are submitted The owner andor their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures Contact Chanhassen Fire Marshal for exact location of fire hydrants to be installed A to foot clear space must be maintained around fire hydrants i e street lamps trees shrubs bushes Xcel Energy Qwest cable TV and transformer boxes This is to ensure that fire hydrants can be quickly located and safely operated by firefighters No burning permits shall be issued for trees to be removed Trees and shrubs must either be removed from site or chipped COMPLIANCE TABLE PUD Mamac Building Height 3 stories 1 story 18 feet Building Setback N 0 E 40 W 30 S 40 N 50 E 151 W 92 S 87 Parking stalls 85 86 stalls Office 51 000 square feet 7 000 1 000 x 5 35 Manufacturing l employee on largest shift 50 Parking Setback N 0 E 40 W 20 S 40 N 10 E 59 W 20 S 20 @ Hard surface Coverage 70 52 Lot Area 1 acre to 14 acres Setback from the Bluff Creek Primary Zone @ The applicant is requesting a 20 foot variance for the drive aisle around the southeast comer of the building on Lot 1 Block 1 Arboretum Business Park 7th Addition Hard surface coverage must average 70 percent over the entire development Individuallots may exceed 70 percent site coverage See table below 205 Arboretum Business Park ih AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 14 of21 Project Building Lot Area Impervious Impervious Notes Area acres Area Coverage square acres feet Heartland SPR 132 800 10 14 74 73 97 6 and Planning Case 07 05 Arboretum Business 113 600 9 2 64 70 Park Bldg II SPR 98 4 Arboretum Citco 5 737 1 88 1 1 58 SPR 99 1 Steiner Bldg 3 59 990 4 53 2 8 61 SPR 99 13 Parker Hannafin 64 000 54 4 0 75 32 000 sq ft future SPR O 1 06 expansion included in building area and site coverage Arboretum Auto 7 800 1 5 0 97 65 Services Center SPR 01 08 US Bank SPR 02 3 066 1 07 0 72 67 04 Kinder Care 10 434 1 81 0 81 45 Learning Center SPR 02 05 Century Blvd Court 10 366 1 14 059 52 SPR 03 01 Vengra Design 20 000 1 8 1 2 68 SPR 03 04 Holiday Inn Express 53 000 3 13 1 7 54 SPR 03 08 Lifetime Fitness 309 000 22 18 15 5 70 2na of three buildings Planning Case 04 under construction 22 Arboretum Business 25 300 2 69 1 8 68 Not constructed Center Planning Case 06 16 Lot 1 Block 1 51 800 4 96 3 18 64 Proposed site plan Mamac Systems being reviewed Planning Case 07 includes expansion 10 Lot 2 Block 1 7th 68 500 est 5 23 3 7 70 Undeveloped PUD Lot 2 Block 1 30 320 est 232 16 70 Undeveloped 206 Arboretum Business Park 7th AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 15 of 21 Project Building Lot Area Impervious Impervious Notes Area acres Area Coverage square acres feet PUD Lot 1 Block 3 8 800 est 2 02 14 70 Undeveloped Totals 974 513 83 03 54 87 66 Total Lot area includes Outlot A ABP 7th Addition 2 03 ac SJfftii iriAYtt LOTS 1 4 r l r pf1 1 lc I HOTEL 4 Joili Q f7 01il I jJ VRESTAURANTIlif1tQgftifDAYCARElOT4c1ltt1tlLOTSIIlBlOCK4JOJi LV I 4 96Ac kJ 6 lltf v r c OFFICE RESEARCHk LOT 5 1 J t rINDUSTRIAL2320AClIi1 1 MAlORCORPORATE c j otrCJIY HEADQUARTERS I lz 1 OUtLOtA lOTS 88 65 PRODUCTION i 7 t t R q v f J r 85A PARK 48 36 NFERENCE CONVENTIOO e c I Gl park ROW 1472tOfl7 CENTER J f I ilQ I c o LbtT LOt2 LOt3 9 TOTAL 15t73ACRES 4 8At 1140 A tt B 98 AC CJ oi LOtS 13 G v iaki in to r ll ij J jo LOtS 3 5 R j t Co i v t v CO o INDUSTRIAL 2y i J I c la LEGENDItLt22ft1IfiiVj1WAREHOUSE1i1CtCiCGoIIO I iii En onU oh CGe StrtttTrff 1 11 JI J ceo IUTilITYSERVICE1fTJlil1flVcII ItYlltcuS I mild D L Hi r t I fI if BlOa 1 OUTLOT 8 Gro d S fOFFICElT t t t 1 ilfS 28 51AC Strrtlighr hdlBii Tnill U J 1OH i LOt 1 t pB WRASE PROPERTy f j iH5 AC lOt3 fi O 12 22 AC i i rt51lqxl2ACiIia PUDPLANOFFICEINDUSIiJ0 l 6df I t UTILITY SER a IJ C 0J C joLOTS1lr2jghg GAS CONVENIENCE S @ l2Ac I tdFASLRtOgAEJili r A l c 3 OFFICE lOt 1 CLINIC INDUSTRIAL OFFICE BANK OFFICES CLINICS HEALTH aUB ARBORETUM BUSINESS PARK CHANHASSEN MN lv l1MYI91 600 nemt The proposed site plan subject to the modifications contained in the staff report and approval of the architectural variance appears to meet or exceed the development design standards for Arboretum Business Park OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies e g Carver County Riley Purgatory Bluff Creek Watershed District Minnesota Pollution Control Agency and comply with their conditions of approval RECOMMENDATION Staff and the Planning Commission recommends that City Council tAB PlaHHiHg Clmmi88i8H adopt the following three motions and adoption of the attached findings of fact and recommendation 207 Arboretum Business Park 7th AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 16 of 21 A The Chanhassen rImmiNg CSmmf8gisN r8@SIDm@NaS tHat City Council approves the Subdivision for two lots and one outlot Arboretum Business Park 7th Addition plans prepared by Schoell Madson Inc dated April 16 2007 subject to the following conditions 1 Submit 1 200 scale plan of proposed lots required for addressing purposes 2 A lO foot clear space must be maintained around fire hydrants i e street lamps trees shrubs bushes Xcel Energy Qwest cable TV and transformer boxes This is to ensure that fire hydrants can be quickly located and safely operated by firefighters 3 No burning permits shall be issued for trees to be removed Trees and shrubs must either be removed from site or chipped 4 The developer shall be responsible for planning engineering and constructing the wetland traiL Connection points for this new trail shall be the terminus of the Trotters Ridge trail the intersection of Century Boulevard and West 82nd Street and the intersection of Century Boulevard and Water Tower Place Bid documents including plans and specifications shall be approved by the Park Recreation Director and City Engineer prior to soliciting bids Project bidding shall occur in a competitive environment with a minimum of three bids being received The results of the bidding process shall be reviewed with the Park Recreation Director and City Engineer prior to award Cash payment for trail construction shall be made from the City of Chanhassen to Steiner Development upon completion inspection and acceptance of the trail 5 Trail easements within Lots 1 and 2 and Outlot A Arboretum Business Park ih Addition formerly Outlot C Arboretum Business Park shall be dedicated to the City to accommodate the wetland trail 6 The developer shall pay trail fees in the amount of 10 190 00 prior to the recording of the final plat 7 The developer must prepare plans depicting an agreed upon trail alignment and details for a required bridge crossing and typical construction cross section for a lO foot wide trail prior to recording the final plat 8 A wetland buffer with a minimum width of 16 5 feet shall be maintained around all AgUrban wetlands Wetland buffer areas shall be preserved surveyed and staked in accordance with the City s wetland ordinance The applicant shall install wetland buffer edge signs under the direction of City staff before construction begins and shall pay the City 20 per sign All structures shall maintain a setback of at least 40 feet from the wetland buffer edge The wetland buffer setback shall be shown on the plans 9 All structures shall be set back at least 40 feet from the Bluff Creek primary zone The first 20 feet of the setback from the primary zone cannot be disturbed The plans shall be revised to show the primary zone boundary the 40 foot setback from the primary zone and the 20 208 Arboretum Business Park ih AdditionlMamac Systems Planning Case 07 10 May 15 2007 Page 17 of21 foot buffer area adjacent to the primary zone If alteration is proposed within the 20 foot buffer area adjacent to the primary zone a variance will be required 10 Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the primary zone boundary 11 The general notes on erosion and sediment controls are incomplete A new SWPPP shall be developed by the engineer for the site The SWPPP shall be in place prior to applying for the NPDES permit Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site The SWPPP shall include all details sequencing of the project and seeding and mulching specifications 12 Temporary and permanent erosion control plans and details shall be included in the plans Temporary erosion control may consist of type 1 mulch as well as temporary and permanent seed mixes Erosion control blanket shall be installed on all slopes greater than or equal to 3 1 All exposed soil areas shall have temporary erosion protection or permanent cover year round according to the following table of slopes and time frames Type of Slope Steeper than 3 1 10 1 t03 1 Flatter than 10 1 Time 7 days 14 days 21 days Maximum time an area can remain open when the area is not actively being worked These areas include constructed storm water management pond side slopes and any exposed soil areas with a positive slope to a storm water conveyance system such as a curb and gutter system storm sewer inlet temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water 13 Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting Filter fabric held down by steel plates with 12 of inch rock over each cover may be used Once casting of inlets takes place inlet controls shall be installed within 24 hours Inlet protection shall be maintained on a regular basis The plans and SWPPP shall be revised to include standard details for all inlet protection devices 14 Manholes with two foot sumps shall be installed as the last road accessible structures prior to discharge into the stormwater pond 15 Chanhassen Type 2 Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds Chanhassen Type 1 silt fence shall be used around the remaining areas All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall to have J Hooks installed every 50 feet 16 The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site For example if turbid water is found in the stormwater pond a plug could be placed in the flared end section FES of the outlet 209 Arboretum Business Park ih AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 18 of 21 structure so sediment does not go off site Once settling of the sediment occurs the water could be slowly released 17 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed Provisions for street cleaning shall be included in the SWPPP 18 Drainage and utility easements minimum 20 feet in width shall be provided over all existing and proposed storm water infrastructure 19 The total SWMP fee due payable to the City at the time of final plat recording is 102 838 20 The developer may dedicate Outlot A Arboretum Business Park 7th Addition to the City 21 The developer s engineer must submit hydrology calculations that verify that the site design is consistent with the preliminary plat assumptions and that the pond meets NPDES requirements for this site 22 When a site plan for Lot 2 is submitted for approval the applicant must submit calculations verifying that the proposed design meets the pond design assumptions and meets other agency requirements e g NPDES Phase 2 permit 23 Upon approval of the site plan for Lot 2 the applicant must post an escrow for the street repair required for the utility service extension B The Chanhassen Plffimillg Clmmi88i lft reJ HRmella8 tkat City Council approves the Conditional Use Permit subject to the following conditions 1 All structures shall be set back at least 40 feet from the primary zone The first 20 feet of the setback from the primary zone cannot be disturbed The plans shall be revised to show the primary zone boundary the 40 foot setback from the primary zone and the 20 foot buffer area adjacent to the primary zone If alteration is proposed within the 20 foot buffer area adjacent to the primary zone a variance will be required 2 Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the primary zone boundary C The Chanhassen Plallllillg Clmmi88i lll reJ lmrnella8 tkat City Council approves the Site Plan for a 51 800 square foot office warehouse building Mamac Systems with a variance to permit only 32 percent building transparency on the western building elevation and with a 20 foot setback variance for the drive aisle in the southeast comer of the site for development within the Bluff Creek Corridor on Lot 1 Block I Arboretum Business Park 7th Addition plans prepared by Clark Engineering Corporation and Mohagan Hansen Architectural Group dated April 13 2007 subject to the following conditions 210 Arboretum Business Park 7th AdditionMamac Systems Planning Case 07 10 May 15 2007 Page 19 of 21 1 The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control site restoration and landscaping 2 The future building expansion shall continue the same architectural detailing and window treatment as the initial 35 000 square foot building 3 The developer shall extend a sidewalk from the building to the trail on Century Boulevard and include pedestrian ramps at all curbs The monument sign shall be relocated to the north side of the driveway access and a sidewalk installed on the south side of the driveway access 4 The developer shall incorporate a gathering space in the eastern portion of the site including benches andor tables overlooking the natural areas to the east 5 The developer shall submit a plan for the restoration of areas adjacent to the Bluff Creek Corridor with species consistent with the City s Bluff Creek Watershed Natural Resources Management Plan 6 The parking lot drive aisles on the eastern and southeastern side of the building shall be reduced to 26 feet 7 The building is required to have an automatic fire extinguishing system 8 The building plans must be prepared and signed by design professionals licensed in the State of Minnesota 9 Four 4 accessible parking spaces must be provided 10 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 and comply with their conditions of approval 11 Increase plantings for parking lot trees and buffer yard areas in order to meet ordinance requirements 12 The applicant shall extend the sod line only 15 feet from the edge of the parking lot on the east and south sides The remaining area shall be seeded with a native seed mix approved by the City If necessary erosion control materials will be required on the seeded areas 13 Contact Chanhassen Fire Marshal for exact location of fire hydrants to be installed 14 A lO foot clear space must be maintained around fire hydrants i e street lamps trees shrubs bushes Xcel Energy Qwest cable TV and transformer boxes This is to ensure that fire hydrants can be quickly located and safely operated by firefighters 211 Arboretum Business Park 7th AdditionlMamac Systems Planning Case 07 10 May 15 2007 Page 20 of 21 15 No burning permits shall be issued for trees to be removed Trees and shrubs must either be removed from site or chipped 16 The general notes on erosion and sediment controls are incomplete A new SWPPP shall be developed by the engineer for the site The SWPPP shall be in place prior to applying for the NPDES permit Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site The SWPPP shall include all details sequencing of the project and seeding and mulching specifications 17 Temporary and permanent erosion control plans and details shall be included in the plans Temporary erosion control may consist of type 1 mulch as well as temporary and permanent seed mixes 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 18 Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting Filter fabric held down by steel plates with 12 of inch rock over each cover may be used Once casting of inlets takes place inlet controls shall be installed within 24 hours Inlet protection shall be maintained on a regular basis The plans and SWPPP shall be revised to include standard details for all inlet protection devices 19 Manholes with two foot sumps shall be installed as the last road accessible structures prior to discharge into the stormwater pond 20 Chanhassen Type 2 Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds Chanhassen Type 1 silt fence shall be used around the remaining areas All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall to have J Hooks installed every 50 feet 21 The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site For example if turbid water is found in the stormwater pond a plug could be placed in the flared end section FES of the outlet structure so sediment does not go off site Once settling of the sediment occurs the water could be slowly released 212 Arboretum Business Park 7th AdditionlMamac Systems Planning Case 07 10 May 15 2007 Page 21 of 21 22 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed Provisions for street cleaning shall be included in the SWPPP 23 The private storm sewer should be realigned so that it will not lie within the footprint for the future expansion 24 The site developer for Lot 1 must remove the curb and gutter at the approved access locations and construct a concrete apron per City Detail Plate 5207 25 The site developer must replace the catch basin casting at the northern access with a surmountable casting ATTACHMENTS 1 Findings of Fact and Recommendation 2 Development Review Application Chaska Gateway Partners LLP 3 Development Review Application S Asim Gul 4 Variance Justification Mohagen Hansen 5 Reduced Copy Preliminary Plat Arboretum Business Park 7th Addition 6 Reduced Copy Final Plat Arboretum Business Park ih Addition 7 Reduced Copy Grading Plan Lot 2 Block 1 Arboretum Business Park 7th Addition 8 Reduced Copy Grading Drainage and Erosion Control Plan Mamac Systems 9 Reduced Copy Utility Plan Mamac Systems 10 Reduced Copy Architectural Site Plan Landscape Plan Mamac Systems 11 Reduced Copy Floor Plan Mamac Systems 12 Reduced Copy Exterior Elevations Mamac Systems 13 Arboretum Business Park Development Design Standards 14 Public Hearing Notice and Mailing List g plan2007 planning cases 07 I 0 arboretum business park 7th addition mamac systemsstaff report abp 7th and mamacI doc 213 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE Application of Chaska Gateway Partners LLP and S Asim Gul for Subdivision approval for two lots and one outlot Arboretum Business Park 7th Addition Conditional Use Permit for development within the Bluff Creek Corridor and Site Plan Approval for a 51 800 square foot office warehouse building Mamac Systems with Variances On May 15 2007 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Chaska Gateway Partners LLP and S Asim Gul for Subdivision Approval for two lots and one outlot Arboretum Business Park 7th Addition Conditional Use Permit for development within the Bluff Creek Corridor and Site Plan Approval for a 51 800 square foot office warehouse building Mamac Systems with Variances The Planning Commission conducted a public hearing on the proposed subdivision 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 Planned Unit Development PUD 2 The property is guided in the Land Use Plan for OfficeIndustrial and Parks Open Space 3 The legal description of the property is Outlot C Arboretum Business Park 4 The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision The seven 7 affects and our findings regarding them are a The proposed subdivision is consistent with the zoning ordinance b The proposed subdivision is consistent with all applicable city county and regional plans including but not limited to the city s comprehensive plan c The physical characteristics of the site including but not limited to topography soils vegetation susceptibility to erosion and siltation susceptibility to flooding and storm water drainage are suitable for the proposed development d The proposed subdivision makes adequate provision for water supply storm drainage sewage disposal streets erosion control and all other improvements required by this chapter e The proposed subdivision will not cause environmental damage f The proposed subdivision will not conflict with easements of record and 1 214 g The proposed subdivision is not premature A subdivision is premature if any of the following exists 1 Lack of adequate storm water drainage 2 Lack of adequate roads 3 Lack of adequate sanitary sewer systems 4 Lack of adequate off site public improvements or support systems 5 Conditional Use Permit Findings a Will not be detrimental to or enhance the public health safety comfort convenience or general welfare of the neighborhood or the city b Will be consistent with the objectives of the city s comprehensive plan and this chapter c Will be designed constructed operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area d Will not be hazardous or disturbing to existing or planned neighboring uses e Will be served adequately by essential public facilities and services including streets police and fire protection drainage structures refuse disposal water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use f Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community g Will not involve uses activities processes materials equipment and conditions of operation that will be detrimental to any persons property or the general welfare because of excessive production of traffic noise smoke fumes glare odors rodents or trash h Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares 1 Will not result in the destruction loss or damage of solar access natural scenic or historic features of major significance J Will be aesthetically compatible with the area k Will not depreciate surrounding property values 1 Will meet standards prescribed for certain uses as provided in this article 6 Site Plan Review Findings 2 215 a Is consistent with the elements and objectives of the city s development guides including the comprehensive plan official road mapping and other plans that may be adopted b Is consistent with this division c Preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas d Creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development e Creates a functional and harmonious design for structures and site features with special attention to the following 1 An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants visitors and general community 2 The amount and location of open space and landscaping 3 Materials textures colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses and 4 Vehicular and pedestrian circulation including walkways interior drives and parking in terms of location and number of access points to the public streets width of interior drives and access points general interior circulation separation of pedestrian and vehicular traffic and arrangement and amount of parking f Protects adjacent and neighboring properties through reasonable provision for surface water drainage sound and sight buffers preservation of views light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses 7 The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance for transparent windows and doors unless they find the following facts a That the literal enforcement of this chapter would cause an undue hardship Undue hardship means that the property cannot be put to reasonable use because of its size physical surroundings shape or topography Reasonable use includes a use made by a majority of comparable property within 500 feet of it The intent of this provision is not to allow a proliferation of variances but to recognize that there are pre existing standards in this neighborhood Variances that blend with these pre existing standards without departing downward from them meet these criteria 3 216 Finding The literal enforcement of the fenestration standards would cause an undue hardship due to the site topography which is approximately three feet above the ground floor elevation and does not permit larger windows In order to meet the standard the windows would have to extend up in to the roof structures b The conditions upon which a petition for a variance is based are not applicable generally to other property within the same zoning classification Finding The need for the variance is due to the unique site characteristics and building type c The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land Finding The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel but to accommodate site topography in the architectural design of the building d The alleged difficulty or hardship is not a self created hardship Finding The alleged difficulty or hardship is not a self created hardship but due to the topography of the site e The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located Finding The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located since the fenestration proposed is greater than in adjacent buildings 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 increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood Finding The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood 8 The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance for Bluff Creek Primary Zone setback unless they find the following facts a That the literal enforcement of this chapter would cause an undue hardship Undue hardship means that the property cannot be put to reasonable use because of its size physical surroundings shape or topography Reasonable use includes a use made by a majority of comparable property within 500 feet of it The intent of this provision is not to 4 217 allow a proliferation of variances but to recognize that there are pre existing standards in this neighborhood Variances that blend with these pre existing standards without departing downward from them meet these criteria Finding The literal enforcement of the Bluff Creek primary zone setback standards would cause an undue hardship due to the meandering of the primary zone boundary In order to meet the standard the developer would not be able to provide a driveway access to the parking on the east side of the building which is separate from the truck access b The conditions upon which a petition for a variance is based are not applicable generally to other property within the same zoning classification Finding The need for the variance is due to the unique site characteristics and a desire to separate truck from employee access and parking c The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land Finding The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel but to accommodate site constraints d The alleged difficulty or hardship is not a self created hardship Finding The alleged difficulty or hardship is not a self created hardship but due to the configuration of the primary zone e The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located Finding The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located but should improve safety for site users 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 increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood Finding The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood 9 The planning report 07 10 dated May 15 2007 prepared by Robert Generous et aI is incorporated herein 5 218 RECOMMENDATION The Planning Commission recommends that the City Council approve the subdivision conditional use permit and site plan with variances ADOPTED by the Chanhassen Planning Commission this 15th day of May 2007 CHANHASSEN PLANNING COMMISSION BY Its Chairman 6 219 Planning Case No 01 I D CITY OF CHANHASSEN 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION APR 1 3 2007 CHANHASSEN PLANNING DEPT Owner Name and Address C 1 I Contact Je 11 qJ Phone e Fax r1 ffffEmaildfi1rrdt NOTE Consultation with City staff is reauired prior to submittal including review of development plans Comprehensive Plan Amendment X Conditional Use Permit CUP 4lf Interim Use Permit IUP Non conforming Use Permit Planned Unit Development Rezoning Sign Permits Sign Plan Review Site Plan Review SPR Subdivision Boo Temporary Sales Permit Vacation of Right of Way Easements VAC Variance VAR Wetland Alteration Permit WAP Zoning Appeal Zoning Ordinance Amendment zt Notification Sign 200 City to install and remove X Escrow for Filing Fees Attorney Cost CUP SPRNACNARIWAP Metes Bounds MinorSUB TOTAL FEE 05D An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing Sixteen 16 full size folded copies of the plans must be submitted including an 8 X 11 reduced copy for each plan sheet along with a diaital COpy in TIFF Group 4 tif format Escrow will be required for other applications through the development contract Building material samples must be submitted with site plan reviews NOTE When multiple applications are processed the appropriate fee shall be charged for each application SCANNED220 LOCATION PROJECT NAME LEGAL DESCRIPTION TOTAL ACREAGE 1 2 WETLANDS PRESENT PRESENT ZONING tfJ YES NO REQUESTED ZONING PRESENT LAND USE DESIGNATION fce Z dfflJb REQUESTED LAND USE DESIGNATION tJe 1irftjfltq REASON FOR REQUEST f 0 2 17 f P Jl Ift 16 friiJ Lt d I d dMf4tjjJifce 01 JVxtfSGqCjeftCfAcfifr This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions Before filing this application you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application I have attached a copy of proof of ownership either copy of Owner s Duplicate Certificate of Title Abstract of Title or purchase agreement or I am the authorized person to make this application and the fee owner has also signed this application I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be charged for consulting fees feasibility studies etc with an estimate prior to any authorization to proceed with the study The documents and information I have submitted are true and correct to the best of my knowledge I r I I 001 Date llrt 1 1 oo1 Date G pLAN forms Development Review Application DOC Rev 12 05 r SCAtltlED221 y CITY OF CHANHASSEN 7700 Market Boulevard P O Box 147 9 1 g Iv SSENChanhassenMN553179522271100 APR i 3 2007DEVELOPMENTREVIEWAPPLICATIONCANHASSENPLANNINGDEPT Planning Case No J7 10 PLEASE PRINT Appli iln Name andsgmf IfSG t1 I i Contact S As m ca I Phone 2 8 2 Fax 62 g 9 Sa31Emailclfiqm9CS9ecWl J l NOTE Consultation with City staff is required pfj r to submittal including review of developmentplans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit CUP Vacation of Right of Way Easements VAC Interim Use Permit IUP X Variance VAR CJCD Non conforming Use Permit Wetland Alteration Permit WAP Planned Unit Deve10pment Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Notification Sign @Citytoinstallandremove X E for e eycost 00 UR P A A AP Metes Bounds450MinorSUB TOTAL FEE 5r6 A tP c t pd d 22cl Sign Plan Review Site Plan Review SPR 500 5 2 018 Subdivision An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicantpriortothepublichearing Sixteen 16 full size folded copies of the plans must be submitted including an 8 X 11reducedcopyforeachplansheetalongwithadiJitalcOPinTIFFGroup4tifformat I jEscrowwillberequiredforotherapplicatibrlsthroughthedevelopment contract Building material samples must be submitteq with site plan reviews NofE lJWhen multiple applications are processed the appropriate fee shall be charged foreachapplicationSCANNED222 r t PROJECT NAME LN1 c S LOCATION rt1rnJ I CJ1 nt1 V LEGAL DES RIPTIO k rt 1 It pJ 2S 0i4oocJa m L REA E f 1 t1lf WETLANDS P ES NT YEp NP PRESENT ONING 1L1 P t REOUESTEDZONING vtt PRESENT LAND USE DESIGNATION 11ll REQUESTED LAND USE DESIGNATION cL t C REASON FOR REQUEST 1JIJJ tY l MN 1 l J 1 t lJ1 It t T t if Of 4 I i t l This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions Before filing this application you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application I have attached a copy of proof of ownership either copy of Owner s Duplicate Certificate of Title Abstract ofTitle or purchase agreement or I am the authorized person to make this application and the fee owner has also signed this application I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be charged for consulting fees feasibility studies etc with an estimate prior to any authorization to proceed with the study The documents and information I have submitted are true and correct to the best of my knowledge 6l 411 lolDate Ao 131 2 D 0 Date SCANNED c t r 1 AtI J rYnC nololnnrnont Rovi w Annlirltinn Rev 1205 223 April 13 2007 Mohagen Hansen Architectural Group Variance Request MAMAC Systems Century Boulevard Chanhassen Minnesota The owner requests a variance from the requirement of 50 glass or doors for the bottom 12 feet of building along the street frontage The proposed design consists of 32 glass on the West elevation Because of the grading of the site the grade along the West elevation is about 30 above the finished floor of the building which restricts the ability to place glass there Any additional glass higher than that proposed would be above the ceiling level of the interior spaces Because of these grading issues the entry of the building is placed along the South elevation The building uses significant amount of additional glass along this South elevation The owner requests a variance from the 40 setback along the existing treeline found on the eastern and southeastern side of the property An access drive is proposed along the southern side of the building 20 from the treeline This access drive provides access around the perimeter of the building for fire trucks as well as separating the car circulation from the truck circulation that will exist along the North side of the building CITY OF CHANHASSEN RECEIVED APR 1 3 2007 1000 Twelve Oaks Center Drive Suite 200 Wayzata MN 55391 Tel 952426 7400 Fax 952426 7440 CHANHASSEN PLANNING DEPT r www mohagenhansen com SC l l1 D o III Planning 224 J I I I 11 111 I I I I I I I111111111IIrfrrMIIIII10rtIItIWIIWULl I CITY OF CHANHASSEN RECEIVED APR 1 6 2007 CHANHASSEN PLANNING DEPT PREUMINARY PLAT ARBORETUM BUSINESS PARI 7TH ADDI110N Co 0 otr e po c oe c owr1I tl S fUNG lMT OIIBIUyr I PMW1Y 10 1 a1C CMJUy cT f1MMJY IIalICMT CMIIAY DII1IICT D LOTI atlCI Jl LOTJ aOCJCl 127z1Q CII IUIIJId DlIIlDIA 1Q PT Cllaos 1InM CII UI ACIU IIIlIf1YMD LM 1r IU CIlAOT la 1f1UTY 0 ctr JJN MOll r lOTAL MU PIII2NT CJIIt1If CCMJUICJl I2l III II o o I11III M II A to cJ T 1 o Q 0 i N s k LU T SCANNED PRELIMINARY PLAT 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i M r I z I 0 0 0 i 0 EIIIIHuJ 8 EB 0iIuJuJ0C J 0 z 0 n I l t 0 8 234 Adopted 7 28 98 Amended 7 26 99 Amended 8 13 01 Amended 1210 01 Amended 414 03 Amended 8 23 04 EXHIBIT C ARBORETUM BUSINESS PARK DEVELOPMENT DESIGN STANDARDS Development Standards a Intent The purpose of this zone is to create a PUD light industrial office park The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal All utilities are required to be placed underground Each lot proposed for development shall proceed through site plan review based on the development standards outlined below Photo composite images of proposed development adjacent to Highways 5 and 41 shall be submitted as part of the review process The PUD requires that the development demonstrate a higher quality of architectural standards and site design Ancillary uses may be permitted as listed below if they are ancillary to a principal use on the individual lot Commercial retail uses are prohibited except those uses specifically noted below b Permitted Uses The permitted uses in this zone should be limited to light industrial warehousing office and other uses as defined below The uses shall be limited to those as defined herein If there is a question as to whether or not a use meets the definition the City Council shall make that interpretation Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below The Blocks and Lots specified below are those designated on the attached PUD plan The Block and Lot designations in final plats approved for phases of development may differ from those specified below However the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan Light Industrial The manufacturing compounding processing assembling packaging printing or testing of goods or equipment or research activities entirely within an enclosed structure with no outside storage There shall be negligible impact upon the surrounding environment by noise vibration smoke dust or pollutants Lots 3 4 and 5 Block 1 Lot 1 Block 2 Lots 1 2 3 and 5 Block 4 and the Wrase property Amended 12 10 01 235 Warehousing Means the commercial storage of merchandise and personal property Lots 3 4 and 5 Block 1 and Lots 1 2 3 and 5 Block 4 Office Professional and business office Lots 1 2 3 4 and 5 Block1 Lot 1 Block 2 Lot 1 Block 3 Lots1 2 3 4 and 5 Block 4 and the Wrase property Health Services establishments primarily engaged in furnishing medical surgical and other health services to persons Lots 1 and 2 Block 1 Lot 1 Block 3 and Lot 4 Block 4 Conferences Convention Center establishments designed to accommodate people in assembly providing conference and meeting services to individuals groups and organizations Lot 5 Block 4 Indoor Recreation Health Club establishments engaged in operating reducing and other health clubs spas and similar facilities featuring exercise and other physical fitness conditioning Lots 3 4 and 5 Block 1 Lot 1 Block 3 and Lots 2 3 4 and 5 Block 4 Amended 12 10 01 and 823 04 Hotel Motel establishments engaged in furnishing lodging or lodging and meals to the general public Lot 1 Block 3 and Lot 4 Block 4 Utility Services Water towers and reservoir Lots 3 4 and 5 Block 1 Lots 1 2 and 3 Block 4 and the Wrase property Recording Studio Lots 3 4 and 5 Block 1 Lots 2 and 3 Block 4 Amended 12 10 01 Commercial uses permitted on lots specified as commercial in development standards tabulation box 1 Restaurant permitted on Lot 1 Block 3 or Lot 4 Block 4 One stand alone restaurant 2 Convenience store with or without gas pumps not to exceed 12 000 square feet on Lot 1 or 2 Block 1 only One convenience store 3 Banks with or without drive up windows Lots 1 and 2 Block 1 Lot 1 Block 3 and Lot 4 Block 4 4 Day Care establishments providing for the care and supervision of infants and children on a daily basis Lots 1 and 2 Block 1 Lot 1 Block 3 and Lot 4 Block 4 5 Auto service center auto body repair is prohibited Wrase amended 813 01 6 Personal Services amended 4 14 03 Ancillary Uses in conjunction with and integral to a primary use 1 Fast Food no drive through and only in conjunction with and integral to a convenience store 2 Restaurant only in conjunction with hotel motel or convention conference center 2 236 3 Showroom showroom type display area for products stored or manufactured on site provided that no more than 20 percent of the floor space is used for such display and sales for entire development Amended 825 97 4 Telecommunication Towers and Antennas by conditional use permit only 5 Car wash in conjunction with convenience store 6 Day Care Interim Uses Amended 726 99 Church facilities i e assembly or worship halls and associated office meeting and other required spaces subject to the following criteria 1 The church shall not occupy more than six percent 6 of the one building on Lots 3 and 4 Block 2 Arboretum Business Park 2nd Addition 2 The church congregation may not exceed 200 adult members 3 Shall be reviewed and approved in accordance with the same procedures specified in the city code for conditional use permits Prohibited uses Amended 12110 01 Contractors Yard Lumber Yard Home ImprovementBuilding Supply Garden Center Auto related including sales and repair except on the Wrase property amended 8 13 01 Home furnishings and equipment stores General Merchandise Store Vocational School Public buildings except on Outlots A and B which are public park land Screened outdoor storage Food processing c Setbacks The development is regulated by the Highway 5 and the PUD Standards There are no minimum requirements for setbacks on interior lot lines in the PUD zone The following setbacks shall apply 3 237 Street Frontage Hwys 5 41 Coulter Century Boulevards 820 WestLocal 30120 NA Lot 5 Block 4 must only meet the maximum setback on one Highway frontage The average hard surface coverage does not include Outlots A and B The PUD standard for hard surface coverage is 70 for office and industrial uses Anyone sitellot can exceed the 70 percent requirement but in no case can the entire finished development exceed 70 percent d Development Standards Tabulation Box 1 Building Area LOTIUSE TH411dediCation 820 Street Dedication Interior Roadwa Uland Wetland Ponds Industrial 30 office Lot 3 Block 1 Lot 4 Block 1 Lot 5 Block 1 Lot 1 Block 4 Lot 2 Block 4 Lot 3 Block 4 Lot 1 Block 2 Lot 5 Block 4 Wrase 10 02 545 441 4 38 540 8 98 1223 2320 2 64 14 59 Lot 1 Block 1 Lot 2 Blockl Lot 4 Block 4 OfficeHotel 1 80 2 32 4 06 Building SizelFAR square feet 30 FAR bleIlded sif 262 142 115 114 141 235 320 311000 1 213 131 006 71 218 57 688 57 199 70 597 117 371 159 822 4 FAR 404 279 35 500 15 FAR 1 30 FAR Office 11 746 23 520 15 180 30 320 26 5361 53 060 5 1000 59 4 1000 61 5 1000 133 4 238 Loti Block 3 Restaurant Office lOFAR 27937 83 770 16 1000 447 Commercial sites may develop as office industrial uses Square footage for individual lots may be reallocated within the development by type provided the maximum square footage is not exceeded Building Square Footage Breakdown Office 31 368 000 432 000 Light Industrial 31 368 000 432 000 Warehouse 31 368 000 432 000 Commercial 7 81 000 0 Total 100 1 186 000 1 295 000 includes the Wrase property represents conversion of commercial uses to office industrial uses 2 More than one 1 principal structure may be placed on one 1 platted lot 3 Building height shall be limited to 3 stories or 40 feet 4 Lot 5 Block 4 is intended to accommodate a major corporate headquarters or office research high end manufacturing with limited warehousing type user While the majority of the development is based on 30 percent office space Lot 5 must have a minimum of 40 percent office use and include multi story building s e Building Materials and Design 1 The PUD requires that the development demonstrate a higher quality of architectural standards and site design All mechanical equipment shall be screened with material compatible to the building 2 All materials shall be of high quality and durable Masonry material shall be used Color shall be introduced through colored block or panels and not painted cinder block 3 Brick may be used and must be approved to assure uniformity 4 Block shall have a weathered face or be polished fluted or broken face 5 239 5 Concrete may be poured in place tilt up or pre cast and shall be finished in stone textured coated or painted 6 Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or as trim or as HV AC screen 7 All accessory structures shall be designed to be compatible with the primary structure 8 All roof mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background Wood screen fences are prohibited All exterior process machinery tanks etc are to be fully screened by compatible materials 9 The use of large unadorned pre stressed concrete panels and concrete block shall be prohibited Acceptable materials will incorporate textured surfaces exposed aggregate and or other patterning All walls shall be given added architectural interest through building design or appropriate landscaping The buildings shall have varied and interesting detailing The use of large unadorned concrete panels and concrete block or a solid wall unrelieved by architectural detailing such as change in materials change in color fenestrations or other significant visual relief provided in a manner or at intervals in keeping with the size mass and scale of the wall and its views from public ways shall be prohibited Acceptable materials will incorporate textured surfaces exposed aggregate andor other patterning All walls shall be given added architectural interest through building design or appropriate landscaping 10 Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Center 11 Each buildings shall contain one or more pitched roof elements depending on scale and type of building or other architectural treatments such as towers arches vaults entryway projections canopies and detailing to add additional interest and articulation to structures 12 There shall be no underdeveloped sides of buildings visible from public right of ways All elevations visible from the street shall receive nearly equal treatment and visual qualities f Site Landscaping and Screening 1 Landscaping along Highways 41 and 5 shall comply with Buffer yard standard C Coulter Boulevard Century Boulevard and West 82nd Street shall comply with Buffer yard standard B The master landscape plan for the Arboretum Business Park formerly Gateway PUD shall be the design guide for all of the specific site landscape developments Each lot must present a landscape plan for approval with the site plan review process 6 240 2 Storage of material outdoors is prohibited unless it has been approved under site plan review All approved outdoor storage must be screened with masonry fences and or landscaping 3 Undulating or angular berms or elevation changes of 3 in height shall be placed along Coulter Boulevard and Century Boulevard The berms shall be sodded or seeded at the conclusion of each project Phase grading and utility construction The required buffer landscaping may be installed incrementally but it shall be required where it is deemed necessary to screen any proposed development All required boulevard landscaping shall be sodded 4 Loading areas shall be screened 100 percent year round from public right of ways Wing walls may be required where deemed appropriate g Signage 1 All freestanding signs be limited to monument signs The sign shall not exceed eighty 80 square feet in sign display area nor be greater than eight 8 feet in height The sign treatment is an element of the architecture and thus should reflect the quality of the development The signs should be consistent in color size and material throughout the development The applicant should submit a sign package for staff review 2 Each property shall be allowed one monument sign per street frontage 3 The signage will have consistency throughout the development A common theme will be introduced at the development s entrance monument and will be used throughout 4 Consistency in signage shall relate to color size materials and heights 5 The Arboretum Business Park PUD shall be permitted two Arboretum Business Park identification signs One sign per project entrance at West 82nd and Century Boulevard and at Highway 41 and the westerly roadway shall be permitted Said sign shall not exceed 80 square feet in sign area nor be greater than eight feet in height 6 Wall sign shall be permitted per city ordinance for industrial office park site 7 All signs shall require a separate sign permit 8 In addition to the two signs identified in g 5 above signage for the main entrance on Highway 5 and Century Boulevard shall be reviewed and approved by the Planning Commission and City Council h Lighting 7 241 1 Lighting for the interior of the business center should be consistent throughout the development The street lights should be designed consistent with the existing lighting along the existing Coulter Boulevard 2 A decorative shoe box fixture high pressure sodium vapor lamps or metal halide lights with a square ornamental pole shall be used throughout the development area for area lighting 3 Lighting equipment similar to what is mounted in the public street right of ways shall be used in the private areas 4 All light fixtures shall be shielded Light level for site lighting shall be no more than 1 2 candle at the property line This does not apply to street lighting i Alternative Access 1 Each site shall accommodate transit service within the individual development whenever possible 2 Pedestrian access shall be provided from each site to the public sidewalk and trail system 3 The developer and site users shall promote and encourage Traffic Demand Management Strategies 4 Each site shall provide areas for bicycle parking and storage 8 242 U U IisW m g tI 3 fa e1g1l CJ ft u a V 5 liJ x S C t zLL C @E x dx It co COC1o D Z IlIt ajaj It t CDot 9 II DIIlil Wu II O J aslj 0 cn l E e go0JliilClv m9na rill a t w o if o J a 1 l 0o It o a w Iwoaog0ffioi5affi0ItxQao z 8 w oii J ffi Ilo a woencnOItlJtWtilflZLL0J5ctifctQl5d3iiiC1IlI 9 243 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 3 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 Arboretum Business Park 7th AdditionlMamac Planning Case 07 10 to the persons named on attached Exhibit A by enclosing a copy of said notice in an envelope addressed to such owner and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer Carver County Minnesota and by other appropriate records Subscribed and sworn to before me thisOrd day of Y fl 2007 I 1M4 nMov Notary Publ 244 Cl C I I C o iij E E o o Cl 5 C C a CI III III III c C III c o E s OQ Q g Q 5c g llell5CQCiSll1iiOlCQOl0QloQIIlCOllN00ODU5gEQ6 E 0 Q 0 ex U CCCoOCo000ocollQCOellooE00ll0QEccw ellC Q c o io timQcoQ Q o EEQ ll oQ E o ll O eSo sDEF5OCco00Cic58COOCOOlcllOQ E 0 0 2 III a c 0 ll c c 0 ilj E m g 0 o S Q C C o 0 Q co o co Q C C Q i Q E 0oooOclSEoOooc o Ql C 0 c J a 0 Ui co Q co5acllaJmQDoQc c ll a c 0 J c 0 S Q g 0 om o L uoo Q ll Q COgDcexlli 2 cc Q ll S E 0 co E E Q C CIl D 0 0 Q Q oO IIl a i Q CIllC lc o u CI 91 c ll E co ll 0 co Oc e co 0 g c a 0 c a a 0 a 0 co Q 0CcoooStiQE s 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00IllIIIC000QCOoCOoooOcl o Ql c o c J a 5 a Cll a J c ll a c 0 J 0 m o ll COgDcexlli S E 0 CO E Q o 0 a CQ Q socCOIII CI c S E CO Q COQlOQOCJQa C COo c o s w a oQ CO s C l III ECOclumQ Q0E00COc Ql 0 E l ls 5J CJQla0CO5COllQQ0QCO Or c ll S lOEc02l lQCii02IIICOCO i5 a Ea o Q Q U5 g CI ex Q 8 c o ll c O Q co llJ0Qll 6 CO 0 U ll Q Q 6J0ocUCenQCO0QQQEcc00lloQll U 0 E ll 0 UOcocoQ E c 0 0 o c D ECOc00e50E2lCll00QO CO g 0 Q ll c Qa00sSCS CIl E s E 0 0Q E 065cooecmWQDoEco c 0 Q O 0 Uoo Q llQ QlCllCcQllEiiiD0Q050 Q Jcc 60 uuoocoogcll0aen0COQoSQuQEQWlQCOc0o0Ull g Q e s E Q E ll 0 S Q c 8 ll c 0 a Q CO E 2 CcooSScQEaQcuucOlQ c l CJ I Oa ctoQoODOcoDlZICOCO0Mf Cl C III I J s a o I u o z III III o a o a C C III 1 0U1aaiii g e g a J 1IlCCC1 a a I III I J I lllc c iii I E i I III C C o III U o J 8 I c D S c ll lllllltoCiQllQQIIIIII lDlCE c iooctlllcaEE81 ucQ ll I E CO Q 0 cgEEEQo ci Q OcogS8E CciucOQ0QQcllsCiEllCO02IIIICOco1IlEQoQQooSclioUCi5sC Q CO @0Q 1Il05ccoEuoQQL00lQ1 D i mo cooIllE ll o c coU5 a ECllllQc110cococoli0C15ot0 Q g E 5 M S S III U CI c C 0 E Cii 5 Q ll Q D m a Q I 0 C Q llCO c Ec c ll gj gj a Q I l a a lll o c 0 cJ ceCQ cc I0COD0 C c E ll 0 ll 0 C c CO lluo l EQ oll0COQU 0 lo OmQ EcE o C C E CO E 0QQ0ocsJ38g00cllQ ll CO Q li 1IllCC o I E E l 0 00 ID mCSct u 0 c Q 9 Q5Gu cu 2 CCS 0 0 mcg 2 cccSQQ2gQQ oCQEQEgarngErarnggm15CDge8tcija2Ca OJrn c g ca roS 553 0 c 9 raa E E uE m Bi Vlt Vl c 5 C S J C U 2 0 0unroSEcro0Qm00 E 9 c o2U o 50 sra 0 1cnQcrauErnocE Q o 5 s U o raQ ra o EID n c u S 0 E o 5 d 19 0 0 5 o 55 s 0 j VlECI CI CI Ull c tQg53QoEuSresgo5Emssu s538Qa5caraQS0CD 5 E l E Q w g E TI e e uS g O S cQ Q Q ua Q C E Q U E m uEQ 9 SECIEt8oCICI CI Q 53 g 0 u 0 0 0CS Q S gg a Q t TIu racU Eo rn Q Q uQ racrnQ EracU oc C ragSa0a0ca0QQCenUQcoe2oQgUEU8mcmgjssgrocmucmlioow8E5Qga0gcmWIDEuOwmmEEmliIDmWSmID E ww uEB gIDg2giRaEgenID5Ctie8ijenro 2 o Eu goc m c gmcIDcECliIDO a E Q en E 0 g ro g U c5 02OOEDOUaIDIDEEcU5EcE5 C O CDIDIDOCC om IDom0EID2IDW3Een1iienu OJ ID t E EID g 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gcoE5ro@8teBmnIDEEUQcClocno E2 oE c 2 ID m 8B K0 245 Disclaimer This map is neither alegally recorded map nor asurvey and is not intended to be used as one This map isa compilation of records information and data located in vanous 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 requinng exacting measurement of distance or direction orprecision in the depiction of geographic features If errorsordiscrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 466 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expressiy 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 anse out of the use s access oruse of data provided I 000 Disclaimer This map isneither alegally recorded map nor a survey and isnot intended to be used as one This map isacompiiation of records information and data located in vanous 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 or direction or precision in the depiction of geographic features If errorsor discrepancies are found please contact 952 227 1107 The preceding disclaimer isprovided pursuant to Minnesota Statutes 466 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 or third parties which anse out of the use s access oruseof data provided 246 J J REAL ESTATE PROPERTIES CIO A Z RENTALS 6641 MINNEWASHTA PKY EXCELSIOR MN 55331 9657 ARBORETUM III REALTV PTRS LLP 3610 CO RD 101 WAYZATA MN 55391 3424 COEUR TERRA LLP CIO SUMMERHILL COMMERCIAL R E 1458 WHITE OAK DR STE 106 CHASKA MN 55318 2525 CHASKA GATEWAY PARTNERS 3610 CO RD 101 WAYZATA MN 55391 3424 GENE G SUSAN L O BRIEN 6628 ASTER TRL EXCELSIOR MN 55331 8845 S P PROPERTIES LLC CIO STEVEN D ROBINS 4311 PEAVEY RD CHASKA MN 55318 2351 BAILIWICK ENTERPRISES LLC 4260 NOREX DR CHASKA MN 55318 3047 4275 NOREX LLC 4275 NOREX DR CHASKA MN 55318 3046 CENTURY 2000 PARTNERS LLP CIO STEINER DEVELOPMENT 3610 HWY 101 S WAYZATA MN 55391 3424 CHANHASSEN ACQUISITIONS LLC CIO PARKER HANNI FIN CORP 6035 PARKLAND BLVD CLEVELAND OH 44124 4141 247 City of Chanhassen Public Hearing Notification Area 500 feet Arboretum Business Park 7th Addition Mamac Planning Case 07 10 State Highway 5 I oulter Blvd 11 11 11 11 11 a a ana allaaa I a a City of Chanhassen City of Chaska JJ DO 0 248 PUBLIC HEARING ARBORETUM BUSINESS PARK 7TH ADDITIONIMAMAC SYSTEMS REQUEST FOR SUBDIVISION APPROVAL FOR TWO LOTS AND ONE OUTLOT CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR AND SITE PLAN APPROVAL FOR A 51 800 SQUARE FOOT OFFICE WAREHOUSE BillLDING WITH VARIANCES ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT PUD LOCATED ON THE NORTHEAST CORNER OF CENTURY BOULEVARD AND WEST 82ND STREET APPLICANTS CHASKA GATEWAY PARTNERS LLP AND S ASIM GUL PLANNING CASE 2007 10 Public Present Name Address Joe Smith Todd Mohagen 16521 Elm Circle Minnetonka 18715 25th Avenue No Plymouth Bob Generous presented the staff report on this item McDonald Dan why don t we start with you Keefe You know in regard you know one of the variances show windows and I m really not having a problem with that one The other variance is to put the drive aisle down on the is that the south side but it s also a conditional use permit is related to that as well Generous Well the conditional use permit is for any development within the Bluff Creek corridor so every project that comes in we first that s one of the approvals they have to go through Keefe Okay So it isn t really that driveway that s driving the use Generous It s the subdivision Keefe Yeah subdivision right Okay but then the variance piece is for that driveway My question is in regards to sort of building configuration and site plan Was there alternative site plans looked at in terms of building placement locations looked at on this site that would not require to do variances Generous There were numerous alternatives that and I should probably have the applicant present that but you know what they re trying to make the north side of the building work for the truck access and so you have those maneuverings that you have to do and then the rest of the site it s only that southeast comer which comes at an angle that creates a problem and we want them to segregate if you will their vehicular their car traffic from their truck traffic and to do that we have to provide access to the east Keefe And I presume there s an entrance to the building on the east side of the building for 249 Generous Yes Keefe Okay So and then and so the parking that s on the east side is not just to fulfill the parking requirements It s also convenience to people working in the building Generous That would be my assumption While it does meet the help meet the standard that they ll actually use it because they do have an access door in that location Keefe Right And where I m going with that is just you know are we doing a variance to accommodate our parking requirements only without having the parking really to service the building Generous No I believe that the parking is necessary for the building Keefe Okay Alright Fair enough McDonald Mark Undestad No McDonald Debbie Larson No McDonald Kathleen Thomas No McDonald Kevin Dillon I don t have any questions at this time McDonald Kurt Papke On the fac ade transparency issue if I recall correctly a couple of months ago we had a building addition in very close proximity where we had a similar relaxation of this requirement Generous Right across the street Papke So my concern is although we look at these one at a time sometimes we have to look at the cumulative impact and so on So I guess my question I don t know if it s philosophical or not You know do we have an issue here where we re setting up standards that we re having to you know have variances on at every turn in this area here Or conversely are we lowering our standards too much if we have a number of buildings in the area here where we re having to grant variances 2 250 Generous Yeah In this instance I don tbelieve that s the case It s really due to the constraints on the site that we re even looking at the variance Papke It s the grade in this area Generous Yeah If we could get a window that goes down lower I believe we would have been able to meet the standard But they have to keep it up so high to maintain their architectural vision Otherwise we could have different size And also if we had an entrance on this side we would get more fenestration But since it s again the topography shifts up to the south side there Papke My concern though is the last one well they re driving forklifts around so we can t have all the windows This one oh we ve got a grading problem You know Ijust I don t want to see a pattern develop you know so I just have a concern that we have an issue here so I just want to make sure I understood you know where we were going with this and looking at the larger context of similar situations in the area Generous Later we will be looking at some proposed revisions to that section of the ordinance So as part of that we can Papke Okay Generous In this one I think it s really site driven Papke Okay McDonald I just want to reflect on what Commissioner Papke just went through because I do remember having this same conversation with the building across the street and I guess we were given certain assurances and while we re across the street and we re being asked for the same thing Yes I would ask you to look at that and I m glad to hear that you are re addressing the issue and you ll be bringing something before us because I just you know how I feel about variances That they should be unique and for a good reason and it should not just be a blanket thing which is what this is becoming it appears I m having a problem with the driveway and on the east and the west side and you had made some comments about it looks like on the east side if they reduce that down to what is normal and I think you said 26 feet That that would be standard within a driveway and that somehow if they do that a variance goes away or I m not sure I followed what you were talking about Why we re doing that Generous Mr Chairman the variance doesn t go away because the problem isn t on the west or the east side of the building It s just the southeast line As this driveway comes down and this is 26 feet wide which is our standard for two way operation The Bluff Creek corridor is less than 40 feet away from that driveway So unfortunate the only other time that this has happened is again in an industrial development adjacent to the Bluff Creek corridor where we had a drive aisle that had to go within the setback 3 251 McDonald Okay So the only reason you re wanting to squeeze down this driveway is that it will create some more green space but there s not a good reason why it should be that wide Generous Correct I didn t see that there s a reason that they needed an 82 foot wide parking lot area because trucks aren t supposed to be using that area anyways McDonald Okay Generous So as part of the quid pro quo if you will for granting the variance that we reduce the amount of coverage that they have on the site and that Also additionally that one of the conditions is that they provide some revegetation in that area to make it more natural looking McDonald Okay I just wanted to understand your comments about why that needs to be reduced and I have no more questions at this point I guess now it s time for the applicant to come forward and if there s you know anything additional you think that we should know about this that would help us in our decision making please make us aware of that Todd Mohagen Thank you so much Im Todd Mohagen I m the architect for the project and the developer of the total parcel of land is also here for questions Just to answer your quick question about that is for employee parking They do quite a bit of manufacturing Light manufacturing in this so they separate the office use and the manufacturing There is a door that will have a break room in that area so that s why the parking lot Keefe Well and one of the I was looking at it Could the building be moved more towards the back and you have double stacked parking on the west side But what you re saying is that the building from a functional standpoint really needs parking on both sides Todd Mohagen Correct Like they want the parking separated and plus with the circulation for the trucks and cars Keefe Okay Todd Mohagen Other than that we agree with all the comments that the city has made and we re looking forward to move on Thank you McDonald Do you have any further follow up questions Keefe Not right now McDonald Okay Mark Undestad No McDonald Debbie Kathleen Kevin Dillon None 4 252 McDonald Okay I have no questions either At this point then I would open up the meeting to the public Anyone wishing to come forward and make comment please do so All I ask is that you state your name and address and address the commissioners Okay Seeing no one come forward we ll close the public meeting and I will bring it back up before the commissioners for discussion Kurt we ll start down with you Papke No issues McDonald Okay Kevin Dillon No issues McDonald Kathleen Thomas Im okay McDonald Debbie Larson It looks fine McDonald Mark Dan Keefe I support this McDonald Okay I think all of our questions have been answered so I have no further comments either At this point I d be willing to accept a motion from the commission Dillon I d make a motion that the Chanhassen Planning Commission recommends that the City Council approve the subdivision Do you want to read through them or how do you want to do this McDonald Just do A Band C and the number of conditions with each letter We ll do them all at once Dillon Okay I recommend that the Planning Commission adopt the following three motions and adoption of the attached findings of fact and recommendations A which is the City Council approve the subdivision for two lots and one outlot at Arboretum Business Park 7th Addition along with conditions 1 through 23 And B That the Planning Commission recommends that the City Council approve the conditional use permit subject to conditions 1 and 2 And then C That the Planning Commission recommends that the City Council approve the site plan for 51 800 square foot office building with the variance to permit only 32 building transparency on the western building elevation with a 20 foot setback variance for the drive aisle in the southeast comer of the site for develo ment within the Bluff Creek corridor on Lot 1 Block 1 of the Arboretum Business Park i Addition With plans prepared by the Clark Engineering 5 253 Corporation and Mohagen Hansen Architectural Group dated April 13th subject to conditions 1 through 25 McDonald Okay do I have a second Thomas Second Dillon moved Thomas seconded that the Planning Commission recommends that the City Council approve the Subdivision for two lots and one outlot Arboretum Business Park 7th Addition plans prepared by Schoell Madson Inc dated April 16 2007 subject to the following conditions 1 Submit 1 200 scale plan of proposed lots required for addressing purposes 2 A lO foot clear space must be maintained around fire hydrants i e street lamps trees shrubs bushes Xcel Energy Qwest cable TV and transformer boxes This is to ensure that fire hydrants can be quickly located and safely operated by firefighters 3 No burning permits shall be issued for trees to be removed Trees and shrubs must either be removed from site or chipped 4 The developer shall be responsible for planning engineering and constructing the wetland trail Connection points for this new trail shall be the terminus of the Trotters Ridge trail the intersection of Century Boulevard and West 82nd Street and the intersection of Century Boulevard and Water Tower Place Bid documents including plans and specifications shall be approved by the Park Recreation Director and City Engineer prior to soliciting bids Project bidding shall occur in a competitive environment with a minimum of three bids being received The results of the bidding process shall be reviewed with the Park Recreation Director and City Engineer prior to award Cash payment for trail construction shall be made from the City of Chanhassen to Steiner Development upon completion inspection and acceptance of the trail 5 Trail easements within Lots 1 and 2 and Outlot A Arboretum Business Park ih Addition formerly Outlot C Arboretum Business Park shall be dedicated to the City to accommodate the wetland trail 6 The developer shall pay trail fees in the amount of 10 190 00 prior to the recording of the final plat 7 The developer must prepare plans depicting an agreed upon trail alignment and details for a required bridge crossing and typical construction cross section for a lO foot wide trail prior to recording the final plat 8 A wetland buffer with a minimum width of 16 5 feet shall be maintained around all AglUrban wetlands Wetland buffer areas shall be preserved surveyed and staked in accordance with the City s wetland ordinance The applicant shall install wetland buffer edge 6 254 signs under the direction of City staff before construction begins and shall pay the City 20 per sign All structures shall maintain a setback of at least 40 feet from the wetland buffer edge The wetland buffer setback shall be shown on the plans 9 All structures shall be set back at least 40 feet from the Bluff Creek primary zone The first 20 feet of the setback from the primary zone cannot be disturbed The plans shall be revised to show the primary zone boundary the 40 foot setback from the primary zone and the 20 foot buffer area adjacent to the primary zone If alteration is proposed within the 20 foot buffer area adjacent to the primary zone a variance will be required 10 Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the primary zone boundary 11 The general notes on erosion and sediment controls are incomplete A new SWPPP shall be developed by the engineer for the site The SWPPP shall be in place prior to applying for the NPDES permit Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site The SWPPP shall include all details sequencing of the project and seeding and mulching specifications 12 Temporary and permanent erosion control plans and details shall be included in the plans Temporary erosion control may consist of type 1 mulch as well as temporary and permanent seed mixes Erosion control blanket shall be installed on all slopes greater than or equal to 3 1 All exposed soil areas shall have temporary erosion protection or permanent cover year round according to the following table of slopes and time frames Tvpe of Slope Steeper than 3 1 10 1 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 13 Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting Filter fabric held down by steel plates with 12 of inch rock over each cover may be used Once casting of inlets takes place inlet controls shall be installed within 24 hours Inlet protection shall be maintained on a regular basis The plans and SWPPP shall be revised to include standard details for all inlet protection devices 14 Manholes with two foot sumps shall be installed as the last road accessible structures prior to discharge into the stormwater pond 7 255 15 Chanhassen Type 2 Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds Chanhassen Type 1 silt fence shall be used around the remaining areas All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall to have J Hooks installed every 50 feet 16 The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site For example if turbid water is found in the stormwater pond a plug could be placed in the flared end section PES of the outlet structure so sediment does not go off site Once settling of the sediment occurs the water could be slowly released 17 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed Provisions for street cleaning shall be included in the SWPPP 18 Drainage and utility easements minimum 20 feet in width shall be provided over all existing and proposed storm water infrastructure 19 The total SWMP fee due payable to the City at the time of final plat recording is 102 838 20 The developer may dedicate Outlot A Arboretum Business Park 7th Addition to the City 21 The developer s engineer must submit hydrology calculations that verify that the site design is consistent with the preliminary plat assumptions and that the pond meets NPDES requirements for this site 22 When a site plan for Lot 2 is submitted for approval the applicant must submit calculations verifying that the proposed design meets the pond design assumptions and meets other agency requirements e g NPDES Phase 2 permit 23 Upon approval of the site plan for Lot 2 the applicant must post an escrow for the street repair required for the utility service extension All voted in favor and the motion carried unanimously with a vote of 7 to O Dillon moved Thomas seconded that the Planning Commission recommends that the City Council approves the Conditional Use Permit subject to the following conditions 1 All structures shall be set back at least 40 feet from the primary zone The first 20 feet of the setback from the primary zone cannot be disturbed The plans shall be revised to show the primary zone boundary the 40 foot setback from the primary zone and the 20 foot buffer area adjacent to the primary zone If alteration is proposed within the 20 foot buffer area adjacent to the primary zone a variance will be required 2 Signage for the Bluff Creek Overlay District should be posted at least every 300 feet along the primary zone boundary 8 256 All voted in favor and the motion carried unanimously with a vote of 7 to O Dillon moved Thomas seconded that the Planning Commission recommends that the City Council approves the Site Plan for a 51 800 square foot officewarehouse building Mamac Systems with a variance to permit only 32 percent building transparency on the western building elevation and with a 20 foot setback variance for the drive aisle in the southeast corner of the site for development within the BlutT Creek Corridor on Lot 1 Block 1 Arboretum Business Park 7th Addition plans prepared by Clark Engineering Corporation and Mohagan Hansen Architectural Group dated April 13 2007 subject to the following conditions 1 The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control site restoration and landscaping 2 The future building expansion shall continue the same architectural detailing and window treatment as the initial 35 000 square foot building 3 The developer shall extend a sidewalk from the building to the trail on Century Boulevard and include pedestrian ramps at all curbs The monument sign shall be relocated to the north side of the driveway access and a sidewalk installed on the south side of the driveway access 4 The developer shall incorporate a gathering space in the eastern portion of the site including benches and or tables overlooking the natural areas to the east 5 The developer shall submit a plan for the restoration of areas adjacent to the Bluff Creek Corridor with species consistent with the City s Bluff Creek Watershed Natural Resources Management Plan 6 The parking lot drive aisles on the eastern and southeastern side of the building shall be reduced to 26 feet 7 The building is required to have an automatic fire extinguishing system 8 The building plans must be prepared and signed by design professionals licensed in the State of Minnesota 9 Four 4 accessible parking spaces must be provided 10 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 and comply with their conditions of approval 11 Increase plantings for parking lot trees and buffer yard areas in order to meet ordinance requirements 9 257 12 The applicant shall extend the sod line only 15 feet from the edge of the parking lot on the east and south sides The remaining area shall be seeded with a native seed mix approved by the City If necessary erosion control materials will be required on the seeded areas 13 Contact Chanhassen Fire Marshal for exact location of fire hydrants to be installed 14 A lO foot clear space must be maintained around fire hydrants ie street lamps trees shrubs bushes Xcel Energy Qwest cable TV and transformer boxes This is to ensure that fire hydrants can be quickly located and safely operated by firefighters 15 No burning permits shall be issued for trees to be removed Trees and shrubs must either be removed from site or chipped 16 The general notes on erosion and sediment controls are incomplete A new SWPPP shall be developed by the engineer for the site The SWPPP shall be in place prior to applying for the NPDES permit Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site The SWPPP shall include all details sequencing of the project and seeding and mulching specifications 17 Temporary and permanent erosion control plans and details shall be included in the plans Temporary erosion control may consist of type 1 mulch as well as temporary and permanent seed mixes 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 18 Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting Filter fabric held down by steel plates with 12 of inch rock over each cover may be used Once casting of inlets takes place inlet controls shall be installed within 24 hours Inlet protection shall be maintained on a regular basis The plans and SWPPP shall be revised to include standard details for all inlet protection devices 19 Manholes with two foot sumps shall be installed as the last road accessible structures prior to discharge into the stormwater pond 10 258 20 Chanhassen Type 2 Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds Chanhassen Type 1 silt fence shall be used around the remaining areas All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall to have J Hooks installed every 50 feet 21 The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site For example if turbid water is found in the stormwater pond a plug could be placed in the flared end section FES of the outlet structure so sediment does not go off site Once settling of the sediment occurs the water could be slowly released 22 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed Provisions for street cleaning shall be included in the SWPPP 23 The private storm sewer should be realigned so that it will not lie within the footprint for the future expansion 24 The site developer for Lot 1 must remove the curb and gutter at the approved access locations and construct a concrete apron per City Detail Plate 5207 25 The site developer must replace the catch basin casting at the northern access with a surmountable casting All voted in favor and the motion carried unanimously with a vote of 7 to O PUBLIC HEARING OUTSET INC REQUEST FOR SITE PLAN APPROVAL FOR A 48 000 SQUARE FOOT OFFICEIW AREHOUSE BUILDING AND A SIGN VARIANCE ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT PUD LOCATED AT 2460 GALPIN COURT APPLICANT EDEN TRACE CORPORATION PLANNING CASE 07 11 Public Present Name Address Tom JoEllen Radermacher 2479 Bridle Creek Trail Mark Undestad left the meeting for this item due to a conflict of interest Bob Generous presented the staff report on this item and addressed issues brought up in a letter from Tom and JoEllen Radermacher McDonald Thank you staff Kurt would you like to start us out Papke With the sign that the variance is concerned with is that a lit sign in any way Is it back lit Front lit 11 259 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 2271160 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 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site WIVW ci chanhassen mn us 5 MEMORANDUM TO Todd Gerhardt City Manager FROM Bob Generous Senior Planner DATE May 29 2007 SUBJ Outset Building Planning Case 07 11 EXECUTIVE SUMMARY The applicant is requesting site plan approval for a one story 48 000 square foot office warehouse building Additionally the applicant is requesting a variance to permit a 12 9 square foot logo above the building entrance ACTION REQUIRED City Council approval requires a majority of City Council present PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on May 15 2007 to review the proposed development The Planning Commission voted 6 for and 0 against a motion recommending approval of the proposed development with the addition of condition 26 restricting the overall size of the building signage The Planning Commission minutes are attached There were no issues or concerns raised regarding the proposed development as part of the public hearing process Staff was able to satisfactorily address the concerns expressed in a letter from the residents to the north of the project RECOMMENDATION Staff recommends adoption of the motion as specified on pages 10 12 in the staff report dated May 15 2007 approving the project ATTACHMENTS 1 Letter from Tom and JoEllen Radermacher to the Chanhassen Planning Commission dated May 17 2007 2 Planning Commission Staff Report dated May 15 2007 3 Planning Commission Minutes dated May 15 2007 g plan2007 planning cases 07 II outset inc executive summary 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 play260 May 15 2007 To Chanhassen Planning Commission Re Chanhassen West Business Park Property Location 2460 Galpin Court Lot 5 Planning Case 2007 11 Dear Planning Commission as residents ofTrotters Ridge we have reviewed the staff report and have a few conditions that we ask consideration for in your recommendations about this proposed building site These conditions are as follows 1 Lighting because of the angle ofthe building any lighting on the east side of the building will be visible from the residential area We request that light fixtures selected would have the light exposure focused to the south Limit exposure to the north 2 Operations there are two large drive in doors on the northeast side of the building We understand that the area including these doors will be temporarily sublet We request that whoever occupies this area be subject to the terms of the PUD 3 Berm please clarify the height of the berm on the north side of the building The Proposal Summary section ofthe staff report states a 12 foot berm yet on page 7 of the staff report under Grading and Drainage it is stated that the applicant proposes a 16 foot berm We would support the taller berm directly to the north tapering down to 12 feet to the east 4 Hours of Opertation we request that the applicant shall limit the hours of operation for any business to 7 00 a m to 6 00 p m 5 Outdoor Storage we request that the applicant shall not permit outdoor storage ofany kind in view of residential properties to the north 6 Lighted Signs we request that no lighted signs external or internal be permitted that would be in view of residential properties to the north We appreciate your review of these considerations and look forward to the Planning Commission meeting Sincerely 3dJllenRadermacher 2479 Bridle Creek Trail Chanhassen MN 55317 952 448 3222 261 z u Q rJ1 PC DATE May 15 2007 CITY OF CHANHASSEN CC DATE JMIH 11 2QQ7 May 29 2007 REVIEW DEADLINE June 12 2007 CASE 07 11 BY AF RG LH ML JM JS KM STAFF REPORT PROPOSAL Request for Site Plan Approval for a 48 000 square foot office warehouse building with a sign Variance to permit placement of a 12 9 square foot logo above the entrance LOCATION 2460 Galpin Court Lot 5 Block 2 Chanhassen West Business Park APPLICANT Eden Trace Corporation Mark Undestad 8156 Mallory Court Chanhassen MN 55317 952 361 0722 unde6@aol com PRESENT ZONING Planned Unit Development PUD 2020 LAND USE PLAN Officellndustrial ACREAGE 3 58 acres DENSITY EAR 031 SUMMARY OF REQUEST The developer is proposing a 48 042 square foot one story office warehouse building with a sign variance to permit placement of a 12 9 square foot logo above the entrance LEVEL OF CITY DISCRETION IN DECISION MAKING The City s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements If it meets these standards the City must then approve the site plan This is a quasi judicial decision The City s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards This is a quasi judicial decision 262 Location Map Lot 5 Block 2 Chanhassen West Business Park 2460 Galpin Court Planning Case 07 11 City of Chanhassen Chanhassen Nature Preserve J C U ro Il c o 0 3 SUBJECT I PROPERTY SCANNED263 Outset Inc Planning Case 2007 11 May 15 2007 Page 2 of 13 PROPOSAL SUMMARY The applicant is requesting site plan approval for a one story 48 000 square foot office warehouse building Additionally the applicant is requesting a variance to permit a 12 9 square foot logo above the building entrance The property immediately to the north ofthe site is an Outlot within Chanhassen West Business Park containing a wetland To the north of the wetland is a residential single family subdivision Trotters Ridge which is zoned Planned Unit Development Residential The property to the east is an Outlot within the development that is being preserved as permanent open space The property to the south is part of the Chanhassen West Business Park development and is zoned Planned Unit Development The property to the west is part of an industrial office park in the City of Chaska Water and sewer service was provided to the site as part of the Chanhassen West Business Park development Access to the site is via a private street which is shared with the Minger Building to the south and connects to Galpin Court which was constructed as part of the subdivision z iso I I 1 Ii Ii i i I i I II I11 Ii 1o CI 1 r I I I I I I 1 00 I l SQ f OJ a ro III a k I8co 000notI 1jljilit UAAtI t YLUIVD Chanhassen West Business Park Site Concept The 12 foot berm on the north side of the building shields the majority of the building from views to the north Staff is recommending that the berm be extended into Outlot C Chanhassen West Business Park to provide additional screening of the building and parking lot This extension may connect to the 966 or 968 contours It will require the extension of a retaining wall from the building along the north end of the access drive There is an open area in the Outlot and the recommended extension will not impact any trees The proposed development complies with all zoning district and site plan review requirements Staff is recommending approval of the site plan with the variance for the logo over the entrance subject to the conditions of this staff report APPLICABLE REGUATIONS Chapter 20 Article II Division 6 Site Plan Review Chapter 20 Article XXIII Division 7 Design Standards for Commercial Industrial and Office Institutional Developments Chanhassen West Business Park Development Design Standards 264 Outset Inc Planning Case 2007 11 May 15 2007 Page 3 of 13 BACKGROUND On September 29 2005 The Chanhassen City Council approved Site Plan Planning Case 05 27 for a 46 152 square foot office warehouse building on Lot 4 Block 2 Chanhassen West Business Park which is immediately south ofthis project site The access for Lots 4 and 5 Block 2 are via a private street On September 29 2005 the Chanhassen City Council approved the final plat for Chanhassen West Business Park creating 8 lots 3 outlots and associated right of way for public streets On August 22 2005 the Chanhassen City Council approved the following Rezoning ofthe property located within the Chanhassen West Business Park from Agricultural Estate District A 2 to Planned Unit Development PUD incorporating the development design standards contained within the staff report Preliminary Plat for Chanhassen West Business Park plans prepared by Schoell Madson Inc dated June 17 2005 and Wetland Alteration Permit to fill and alter wetlands within the development plans prepared by Schoell Madson Inc dated June 17 2005 GENERAL SITE PLAN ARCHITECTURE o o uP El IIDIDEI j o rT t 1 ill 1 1 ARCHITECTURAL COMPLIANCE Size Portion Placement There are two main entries proposed for the building Each entry is angled at a comer of the building and faces the southeast These entries are emphasized by projecting portals of five feet 265 Outset Inc Planning Case 2007 11 May 15 2007 Page 4 of 13 south entry and three feet north entry in depth arches and rounded copper colored metal canopIes Material and Detail and Color Materials consist of 12 inch reddishbrown rock face concrete block as the primary building material tan single score smooth face concrete block in a band at the top ofthe wall Prairie BlufflNavajo stone veneer in the building columns Isanti Sahara four inch textured stone veneer at the base ofthe building and tan sill blocks and band separating the block from the stone veneer Building articulation is accomplished through the enhanced entrance architectural detailing four inch projected textured rock veneer surfaced columns spaced around the building and changes in materials and colors Circular windows are proposed within the building panels on the south side ofthe building Only the top 12 feet ofthe building are visible to the north due to the 12 foot berm along that elevation Staff recommends that an additional architectural element such as the use of tiling creating a colored block pattern or the use of circular windows be added in the wall panels on the north side of the building to provide additional articulation Doors and window frames and metal coping are all copper colored Windows contain insulated glass The developer is proposing the use of higher circular windows on south side ofthe buildings within the wall panels west of the employee patio Height and Roof Design Building height is 24 feet to the top of the parapet except in the area where the business logo is located which is 26 feet Pitched roof elements consist of the arches over the entries Mechanical equipment shall be screened through the use of low profile units and placement away from the edges of the roof Facade Transparency Only the southeast comer ofthe building is visible from the public right of way This elevation includes the main entry to the building which contains storefront type windows and doors All other areas shall include landscaping material and architectural detailing and articulation Site Furnishing An employee patio area is proposed behind a screen fence on the south side ofthe building This area should include benches and or picnic tables The developer needs to connect the internal sidewalks to the public sidewalk in Galpin Court Pedestrian ramps shall be installed at all curbs along this pathway 266 Outset Inc Planning Case 2007 11 May 15 2007 Page 5 of 13 Loading Areas Refuse Area etc Screening of service yards refuse and waste removal other unsightly areas and truck parking loading areas is provided by locating these facilities on the western side of the building Trash storage is proposed inside the building Landscaping Minimum requirements for landscaping include 4 943 square feet oflandscaped area around the parking lot 8 landscape islands or peninsulas 19 trees for the parking lot and bufferyard plantings along the north and west property lines The applicant s proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table Required Proposed Vehicular use landscape area 4 943 sq ft 4 943 sq ft Trees parking lot 19 overstory trees 9 overstory trees Islands parking lot 8 islands or peninsulas 6 islands peninsulas Applicant does not meet minimum requirements for trees and peninsulas in the parking lot area Staff recommends that the applicant increase the number of trees in the parking lot to meet minimum landscape requirements and add two peninsulas to the west parking area Bufferyard D north property line 360 length Bufferyard B west property line 250 Applicant meets minimum requirements for bufferyard plantings along the north and east property lines Lot Frontage and Parking location The lot fronts on a cul de sac of Galpin Court and shares access via a private street with the property to the south No more than 50 percent ofthe parking shall be between the front fa9ade and the street Parking is distributed around the building with 18 stalls to the east 35 to the south and 22 to the west Eight parking stalls are being provided within the building Proof of parking for 19 potential parking spaces is located adjacent to the private street accessing the site These spaces would only be installed if parking were to become a problem on the site 267 Outset Inc Planning Case 2007 11 May 15 2007 Page 6 of 13 LIGHTING SIGNAGE Ten wall mounted lighting units are proposed around the building three on the east side three on the south side and four on the west side Additionally five pole mounted light fixtures are proposed around the parking areas one southeast ofthe building two along the access drive in to the site one south of the building and one west of the building Pole lighting may not exceed 30 feet in height Proposed lighting units include 16 inch area cutoff forward throw fixtures A decorative shoebox fixture high pressure sodium vapor lamps with a square ornamental pole shall be used throughout the development area for area lighting All light fixtures shall be shielded A monument sign is proposed at the entrance off Galpin Court The monument sign shall not exceed eighty 80 square feet in sign display area nor be greater than eight 8 feet in height Monument signs shall be a minimum of 10 feet from the property line Wall signage will be limited to the areas above the building entrances Signage must comply with the PUD standards and City Code requirements A separate sign permit application is required for all signage The applicant is requesting a variance to include a 12 9 square foot logo over the main entrance to the building City Code requires that logos not exceed 15 percent ofthe sign area For a logo this size the accompanying sign would need to be 73 2 square feet Based on the wall area of 4 848 square feet 24 x 202 the tenant would be permitted a maximum sign area of three percent of the wall area or 14544 square feet including a logo of21 82 square feet However within the development signs are usually 18 to 24 inches tall Assuming a 1 1 ratio letter height to width the sign area excluding the logo would be approximately 40 square feet By maintaining the logo standard we require the user enlarge their sign to comply with ordinance The proposed logo represents 59 percent of a potential logo size The inclusion of the logo above the entryway adds a unique architectural accent to the design of the building D The granting ofthe variance may result in the reduction in the overall signage on the building COMPLIANCE TABLE pun Outset Building Building Height 2 stories 30 feet 1 story 24 feet Building Setback N 40 E 50 W 30 S 0 N 50 E 297 W 58 S 48 Parking Stalls 1 01 stalls 75 stalls plus 19 stalls shown as proof of parking plus 8 interior Total 101 268 Outset Inc Planning Case 2007 11 May 15 2007 Page 7 of 13 PUD Outset Building Office 5 1 000 with 16 014 sq ft ofoffice equals 80 stalls Warehouse 1 1 000 for first 10 000 then 1 2 000 thereafter with 32 028 sq ft of warehouse equals 21 stalls Parking Setback N 40 E 10 W 20 S 0 N 48 E 30 W 20 S 15 Hard Surface Coverage 70 70 Lot Area 1 acre 3 58 acres A wetland buffer setback 16 5 40 16 5 50 Setback is from the 165 foot wetland buffer Hard surface coverage must average 70 percent over the entire development lndividuallots may exceed 70 percent site coverage See table below Lot Lot Area Building area PUD Bldg Site coverage Site acres sq ft area Estimate acres Coverage F A R 0 28 sq ft Lot 3 pt 1 74 110 000 97 300 51 69 2 B 1 Waytek Pt Lot 1 2 2 65 25 300 est 25 300 1 6 60 Bl Lot 1 B 2 355 46 500 est 46 500 249 70 Lot 2 B2 3 58 49 400 40 300 2 89 80 Building 2 Lot 3 B2 2 85 34 800 est 34 800 194 68 Lot 4 B2 5 0 49 700 61 400 3 1 62 Lot 5 B2 3 58 48 000 43 700 2 5 70 Outset OutlotC 3 8 0 0 0 0 Total 3244 363 700 349 300 19 62 60 GRADING AND DRAINAGE The site was mass graded with the Chanhassen West Business Park development The development grading plan identifies a four foot high berm on the north side ofthe building The applicant proposes to increase the height ofthis berm to 16 feet to provide additional screening to the property to the north The plan must be revised so that the grades over the existing storm sewer on the west side are not altered 269 Outset Inc Planning Case 2007 11 May 15 2007 Page 8 of 13 Runoff from the site will be conveyed via private storm sewer to the pond located in the southwest corner of Chanhassen West Business Park The pond has been excavated and has the capacity to treat the runoff generated from this site Storm Water Pollution Prevention Plan SWPPP A Storm Water Pollution Prevention Plan should be developed by the engineer for the site The SWPPP must be submitted to the City for review by the Carver Soil and Water Conservation District prior to beginning construction The SWPPP must be in place prior to applying for the NPDES Phase II Construction Permit Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site The SWPPP should include all standard detail plates sequencing ofthe project and seeding and mulching specifications Erosion Control Temporary and permanent erosion control plans and details must be included in the plans Temporary erosion control may consist of Type 1 mulch as well as temporary and permanent seed mixes Erosion control blanket should be installed on all slopes greater than or equal to 3 1 All exposed soil areas should 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 Sediment Control Inlet controls are needed for all inlets throughout the project and should be installed within 24 hours of inlet installation prior to casting Filter fabric held down by steel plates with 12 of inch rock over each cover may be used Once casting of inlets takes place inlet controls must be installed within 24 hours Inlet protection must be maintained on a regular basis The plans and SWPPP should be revised to include standard details for all inlet protection devices Chanhassen Type 2 Heavy Duty silt fence is needed around all wetlands and stormwater ponds Chanhassen Type 1 silt fence should be used around the remaining areas All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property must to have J Hooks installed every 50 feet 270 Outset Inc Planning Case 2007 11 May 15 2007 Page 9 of 13 Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as needed Provisions for street cleaning should be included in the SWPPP RETAINING WALLS The plan identifies two retaining walls that were not shown on the original development plan The walls are necessary since the building pad parking and loading area footprint is larger than originally anticipated All walls will be privately owned and maintained The retaining wall on the northwest comer of the parking lotloading dock area will be approximately 180 feet long with a maximum height of 10 feet This retaining wall will lie approximately 10 feet east of the public storm sewer that conveys water from the wetland in Outlot B to the wetland in Outlot A The developer has agreed to shift this retaining wall to the east so that there will be 15 feet between the storm sewer and the wall This wall will lie within the existing 40 foot wide drainage and utility easement therefore the property owner must sign an encroachment agreement The oversized drainage and utility easement was platted due to the depth of the storm sewer pipe A 170 foot long retaining wall is proposed on the east side of the lot The maximum height of this wall is eight feet The developer s engineer must submit a sketch verifying that construction of this retaining wall will not compromise the tree preservation area within Outlot C Retaining walls four feet high or higher require a building permit and must be designed by an engineer registered in the State of Minnesota UTILITIES Lateral sanitary sewer and watermain were installed within Galpin Court in conjunction with the Chanhassen West Business Park development The sanitary sewer service to the building will be core drilled into the existing manhole on the south side of the site The contractor must call the City to inspect the connection to the manhole The water service will extend from the existing service stub on the south side of the property All watermain installed on this site will be privately owned and maintained The trunk sanitary sewer and water hookup charges for this site were previously assessed and have been paid STREETS Galpin Court was constructed with the Chanhassen West Business Park development Access to this site will be from the privately owned and maintained driveway extending from the Galpin Court cul de sac 271 Outset Inc Planning Case 2007 11 May 15 2007 Page 10 of 13 OTHER AGENCIES The applicant must apply for and obtain permits from the appropriate regulatory agencies i e Carver County Water Resource Management Area Minnesota Pollution Control Agency and comply with their conditions of approval MISCELLANEOUS A portion of the Park Dedication Fees 40 150 was paid in cash with the final plat with the remaining balance of 319 350 being paid with the building permit based on the lot area The total area of all lots within the subdivision is 28 61 acres The Park Dedication Fee for Lot 5 Block 2 is as follows 3 58 acres 28 61 acres x 319 350 00 39 960 58 A lO foot clear space must be maintained around fire hydrants i e street lamps trees shrubs bushes Xcel energy Qwest cable TV and transformer boxes This is to ensure that fire hydrants can be quickly located and safely operated by firefighters Fire hydrant locations are acceptable No burning permits shall be issued for trees to be removed Trees and shrubs must either be removed from site or chipped The buildings are required to have an automatic fire extinguishing system The plans must be prepared and signed by design professionals licensed in the State of Minnesota Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss property line issues as well as plan review and permit procedures RECOMMENDATION Staff and the Planning Commission recommends that the City Council PlalUliRg CsmmissisR adopt the following motion and adoption of the attached findings of fact and recommendation The Chanhassen PlaRRiRg CsmmissisR rl@Smm Hl8S City Council approves the Site Plan for a 48 042 square foot one story office warehouse building with a Variance for a 12 9 square foot logo above the main entry plans prepared by Houwman Architects dated 413 07 subject to the following conditions 1 Architectural elements such as the use of tiling creating colored block patterns or the use of circular windows shall be added in the wall panels on the north side of the building to provide additional articulation 2 The developer shall connect the internal sidewalks to the public sidewalk in Galpin Court Pedestrian ramps shall be installed at all curbs along this pathway 272 Outset Inc Planning Case 2007 11 May 15 2007 Page 11 of 13 3 The berm on the north side ofthe building shall be extended into Outlot C Chanhassen West Business Park 4 The Park Dedication Fee for Lot 5 Block 2 is 39 960 58 to be paid at the time ofbuilding permit issuance 5 The applicant shall revise the landscape plan to show a total of 19 overstory trees within the vehicular use area Two landscape peninsulas shall be added to the west parking area 6 Tree preservation fencing is required to be installed prior to any construction around existing trees in Outlot C and any trees preserved along the north property line 7 A 10 foot clear space must be maintained around fire hydrants ie street lamps trees shrubs bushes Xcel energy Qwest cable TV and transformer boxes 8 No burning permits shall be issued for trees to be removed Trees and shrubs must either be removed from site or chipped 9 A Storm Water Pollution Prevention Plan shall be developed by the engineer for the site The SWPPP shall be submitted to the City for review by the Carver Soil and Water Conservation District prior to beginning construction The SWPPP shall be in place prior to applying for the NPDES Phase II Construction Permit Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site The SWPPP shall include all standard detail plates sequencing ofthe project and seeding and mulching specifications 10 Temporary and permanent erosion control plans and details shall be included in the plans Temporary erosion control may consist ofType 1 mulch as well as temporary and permanent seed mixes 11 Erosion control blanket shall be installed on all slopes greater than or equal to 3 1 12 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 273 Outset Inc Planning Case 2007 11 May 15 2007 Page 12 of 13 13 Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting Filter fabric held down by steel plates with 12 inches of inch rock over each cover may be used Once casting of inlets takes place inlet controls shall be installed within 24 hours Inlet protection shall be maintained on a regular basis The plans and SWPPP shall be revised to include standard details for all inlet protection devices 14 Chanhassen Type 2 Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds Chanhassen Type 1 silt fence shall be used around the remaining areas All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall have J Hooks installed every 50 feet 15 Erosion control shall be installed and inspected prior to any site grading 16 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed Provisions for street cleaning shall be included in the SWPPP 17 The applicant shall apply for and obtain permits from the appropriate regulatory agencies i e Carver County Water Resource Management Area Minnesota Pollution Control Agency and comply with their conditions of approval 18 The plan must be revised so that the grades over the existing storm sewer on the west side are not altered 19 The plans must be modified so that the wall is a minimum of 15 feet from the storm sewer 20 The property owner must sign an encroachment agreement for the western retaining wall 21 The developer s engineer must submit a sketch verifying that construction of the retaining wall on the east side of the property will not compromise the tree preservation area within Outlot C 22 The contractor must call the City to inspect the connection to the sanitary sewer manhole 23 The buildings are required to have an automatic fire extinguishing system 24 The plans must be prepared and signed by design professionals licensed in the State of Minnesota 25 Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction 26 The total sign area for the building shall not exceed 73 square feet including the approved logo 274 Outset Inc Planning Case 2007 11 May 15 2007 Page 13 of 13 ATTACHMENTS 1 Findings of Fact and Recommendation 2 Development Review Application 3 Reduced Copy Site Plan 4 Reduced Copy Floor Plan 5 Reduced Copy Exterior Elevations 6 Reduced Copy Grading Plan 7 Reduced Copy Utility Plan 8 Reduced Copy Tree Preservation Plan 9 Reduced Copy Landscape Plan 10 Reduced Copy Landscape Details Plan 11 Chanhassen West Business Park Development Design Standards 12 Public Hearing Notice and Mailing List g plan2007 planning cases 07 II outset inctatT report 15 bZ doc 275 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE Application of Eden Trace Corporation for Site Plan Approval for a 48 000 square foot office warehouse building with a variance for a 12 9 square foot logo above the entrance On May 15 2007 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Eden Trace Corporation for a site plan review for the property located at 2460 Galpin Court The Planning Commission conducted a public hearing on the proposed site plan which was preceded by published and mailed notice The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following FINDINGS OF FACT 1 The property is currently zoned Planned Unit Development PUD 2 The property is guided by the Land Use Plan for OfficeIndustrial uses 3 The legal description of the property is Lot 5 Block 2 Chanhassen West Business Park 4 Site Plan Findings a The proposed development is consistent with the elements and objectives of the city s development guides including the comprehensive plan official road mapping and other plans that may be adopted b The proposed development is consistent with the site plan review requirements c The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas d The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development e The proposed development creates a functional and harmonious design for structures and site features with special attention to the following 1 An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants visitors and general community 1 276 2 The amount and location of open space and landscaping 3 Materials textures colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses and 4 Vehicular and pedestrian circulation including walkways interior drives and parking in terms of location and number of access points to the public streets width of interior drives and access points general interior circulation separation of pedestrian and vehicular traffic and arrangement and amount of parking 5 Protects adjacent and neighboring properties through reasonable provision for surface water drainage sound and sight buffers preservation of views light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses 5 Variance Findings signs A variance from the requirements of the City Code may be granted where it is shown that by reason of topography or other conditions strict compliance with the requirements of this ordinance would cause a hardship provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance Granting of the variance may reduce the total amount of signage on the building 6 The planning report 07 11 dated May 15 2007 prepared by Robert Generous et aI is incorporated herein RECOMMENDA TION The Planning Commission recommends that the City Council approve the site plan review with the sign variance ADOPTED by the Chanhassen Planning Commission this 15th day of May 2007 CHANHASSEN PLANNING COMMISSION BY Its Chairman 2 277 CITY OF CHANHASSEN 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 0 1 Plannin s fN9iAt1 A s E I RECEIVED APR 1 8 2007 CHANHASSEN PLANNING DEPT DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address EDQJ TRActCoRi G MAUO oUctr C1Jf S a l N 55 3 J Contact k I JNDE S1AD Phone Q52 3t 1 n117 Fax qS1 3b 10123 Email U fide b 6 0 ClJM J Owner Name and Address EDEN TMc E OJ p 50 MALLORV COU i C trN lA AsSai ltJ 5 5 7 Contact MAAU bE S11l Phone 9SZ 3 1 612 7 Fax S 3b r 0123 Email UfldeGeGtOl OM NOTE Consultation with City staff is reauired prior to submittal including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit CUP Vacation of Rightof Way Easements VAC Interim Use Permit IUP Variance VAR Non conforming Use Permit Wetland Alteration Permit WAP Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review f Notification Sign 200 City to install and remove Subdivision x for Filing Fees Attorney Cost 50 UP SPRlVACNARlWAP Metes Bounds 0 Minor SUBDQ TOTAL FEE I 3D I t GV T iSbVSitePlanReviewSPR An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing Sixteen 16 full size folded copies of the plans must be submitted including an 8 X 11 reduced copy for each plan sheet along with a diaital COpy in TIFF Group 4 tif format Escrow will be required for other applications through the development contract Building material samples must be submitted with site plan reviews NOTE When multiple applications are processed the appropriate fee shall be charged for each application 6CArltlED 278 PROJECT NAME f DE rAa LOCATION GALPIN Bull LEGAL DESCRIPTION Lo 5 lvT 5 LIMA N E cck 2 gLJt C1ta a setl BAS Pack JJe TOTAL ACREAGE 3 56 WETLANDS PRESENT PRESENT ZONING r0 P REQUESTED ZONING c 0 P YES X NO PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions Before filing this application you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application I have attached a copy of proof of ownership either copy of Owners Duplicate Certificate of Title Abstract of Title or purchase agreement or I am the authorized person to make this application and the fee owner has also signed this application I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be charged for consulting fees feasibility studies etc with an estimate prior to any authorization to proceed with the study The documents and information I have submitted are true and correct to the best of my knowledge Signature of Applicant wC Signature of Fee Owner 4 S 07 Date 3 o7 Date r nl AMfnrmnv lnnmnt R viw Annlilltinn nor SCt 1r 2D Rv 1 1O 279 I II I I III 1 N c aua aC5 J L i E 1 Z ii 8 0 65 tii c 8 D 0o @U5 6 F o i I h H B ii lilll II i 1 m g H r gjj I I I I I I I I I I I I I I I I o I I I I I I I I I 1 I I I I I I I I I 1 I I I I I I I I I I I I I I I 1 l o H g s t 0 H w u i ILl 2 0 i I I H E I I ilif l H nliilwm 0 z w f f 0IW z IW 00 u W o a i3 W I If 1ilDC w oI EB 0 0 cz I Z 00w 60 0 0 llJ 8 5 0 w s t 8 c U c JO Ul II t II Gf c z 1 D w 1 is f L wIIe EB r ttl 11 f a w a CJ Z Z zi a Zw en en r U 280 Icnu N i 5 7 l II 7 Ul E 6 c 0 ulU tJ 6 i i gi c 5 f Ul li i f 8 C J E t Z J f i zO I Ul Cfl III z g zzC J 0 gU7i c g i58 C t 1 tObpl 0 9 0 0 0 0 0 0 0 0 01 1 1 z J D O C C J LL 281 I 0 7 CffiQ 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z 8 a ii o UJ 1 i p 0 Ul W zllUlo I Z I z5 11 Cl z 5 C Cl Ulb w E r g o slli Hifi o I nIiIUjJl1ji IiI I j w bH P tt P tt lo i i I 51 I lJI I Il Iqi11ft m u I r I II IT T rI r f I H 0 w Ww 5 o 5 p n 55 z R H h P H H 8Bi H 8 H i I 1 m I il n1ii t I i II i n II fr o r 9 11 i i h H h 0 c 8 0 n il 0 283 I I 1 I 1 I 0 I I 1 I 0 I o I o l 0 5 Iei o I ol eo il t ffi s 8 i i j O mIj 8ggdf 1 l i iL 1 I 1 I 1 l I l I z i I lIx w Z 0 I l t lL Jt oIl 0 tu 1 t5 1 0 1 W I ro I j I T r r J l C C I I I 5 B 58 f o i 5 M o 0 i eiZb f z @ i g l u UO gi u 1 g S O 08 5 e e 5 i 1 5 i z t i 8 U U t r 8 a i g I ti g I ll ii ill I 8 oe u g je5 g i o 0 lajOo o u 0 1 9 u u g 0 O o u u e i g u 0 o o o l l l Sl i i i 10 93 1 iil iO Ie o u u o r e o u 00 o uU 060 0 r u i u j oV w 05 o 2 g o e w Q o C j I 1 l I 1 I l i i il I Ii j 1 i l I l i l II l l I 1 1 l l l Ii tll I l I i ill ll I l I i i 1 1 1 l 1 iI1 il I 0 I ill I 1 1 I j ii 1 i o o E l i 8 8 8 i j si l 5 Cl UJ U III on I o I Ul w zwI gj J Z J o z S Q UlI o 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ffig z 0 5 o g 0 cffi o o U g o 3 f g a o I 31 I i i o j O EtIii r If i l i o o 5 e Hi o g j io i Ii i l J z nib I Jt z E g J i g g g S n I P g i 5 x 3 g i n n un 8 9 j I l 1 h I g 5 a F S 5 U l 3 i i I rJJ j U ll z ails C 8p id p fo j ddn dH ini p g I I I I 1 I g IHi i I ni I I g i F F J g g as I C E S ocr ct 0 g 0E c I g I U l i 3 8 1 l 5 2 2 2 e l 00 0or 511 o i c w t L d I w z Z SwQ WQ l Z 0 II clzUS l e I i I U W foH f z f J e l 1u U li IU IIIiIlildd1 f i o I ill1 Wj 1 1 JtIJfPhI t i H h 286 8 0 IzIh5 g i E 3 1 d i E 0 tIJ 8 za f l tIJ t5 E W O Z E h g J e jcu B cO z Q 7 g 7 w t oo WielJIZoo 3 5 g zzjwf ll o I g I H ij6 c H 8HHI g oz m zg iiigdSn88ddh z s i i8ii B c g oz l 3 u iIa O Oa gIii05 l g2nul n9 H GI i I @If llj iaIi z f I l 5i i U I ilh iJ 5h u E W z E z 0 z c u lJl 0 I tIJ N t uo ti oJ o o a rill H 0 0 0 0 0 g h i z j i i EIHftd i n 5E ogeizlai8ill CD J a 0 5 a g i i e z i s tIJW z l w 3 i2 wE pii i a i Hif Cl if5Hi ttiihBf6 i i i o hfigHidti l d hhhl l u g pdh n u i N 9 qj3I 8 qI g ll rJ 0 5 m c X I i i II i 1 @ 0 P i t h 9 hoJEh e ieii Ii htli1vI f 1 J i 3d hi h m i I B E Z w l w 0 j w E W z 0 z 2 E rn E z s N r h hi Gi i g J Il h wH tIJ W c c tIJ W W E tIJ 0 c E W z E z j N rnq N j i IJ i J a IU l E 7 III W l z Ill s cI 7 z w u I 0 Z I W 0J J z n IJ z 3 0 J W C W 0 c U Cz 3 j CJ I o III l i I c l p J o I j i ffiJOag2 ailoo 0 z Wziisii r i g i15i gm i es i Iii IU IjJiIIidd1 f i o I IDeJ i jI illI W1 i t 1 II I IIIIh H 287 Approved 08 22 05 Amended 04 10 06 CHANHASSEN WEST BUSINESS PARK DEVELOPMENT DESIGN STANDARDS Development Standards a Intent The purpose of this zone is to create a PUD light industrial office park The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal All utilities are required to be placed underground Each lot proposed for development shall proceed through site plan review based on the development standards outlined below The PUD requires that the development demonstrate a higher quality of architectural standards and site design Ancillary uses may be permitted as listed below once a primary use has occupied the site Shared parking may be used within the development b Permitted Uses The permitted uses in this zone shall be limited to light industrial warehousing and office as defined below The uses shall be limited to those as defined herein If there is a question as to whether or not a use meets the definition the Community Development Director shall make that interpretation Light Industrial The manufacturing compounding processing assembling packaging or testing of goods or equipment or research activities entirely within an enclosed structure There shall be negligible impact upon the surrounding environment by noise vibration smoke dust or pollutants Conferences Convention Center establishments designed to accommodate people in assembly providing conference and meeting services to individuals groups and organizations Contractor yard means any area or use of land where vehicles equipment andor construction materials and supplies commonly used by building excavation roadway construction landscaping and similar contractors are stored or serviced A contractor s yard includes both areas of outdoor storage and areas confined within a completely enclosed buildings used in conjunction with a contractor s business Must comply with the following standards 1 Equipment and supply storage must be screened or enclosed Screening shall comply with Buffer Yard D and F4 Fencing as specified in Chapter 20 of the Chanhassen City Code 1 288 2 VehiclesEquipment shall be stored within an enclosed or screened area 3 No unlicensed or inoperable vehicle equipment shall be stored on premises 4 All chemicals shall be stored in proper storage facilities specified by OSHA regulations 5 The contractor shall be Licensed Bonded and Insured Day Care establishments providing for the care and supervision of infants and children on a daily basis The following applies to Day care centers 1 The site shall have loading and drop offpoints designed to avoid interfering with traffic and pedestrian movements 2 Outdoor play areas shall be located and designed in a manner which mitigates visual and noise impacts on adjoining residential areas 3 Each center shall obtain all applicable state county and city licenses Health Services establishments primarily engaged in furnishing medical surgical and other health services to persons Office Professional and business office Recreation Health Club establishments engaged in operating reducing and other health clubs spas and similar facilities featuring exercise and other physical fitness conditioning Research Laboratory establishments engaged in scientific research or study Must comply with the following standards 1 All chemicals and pollutants and waste must be stored used and disposed of according to OSHA and Hazmat regulations and standards 2 The building must be secure from persons other than laboratory personnel 3 No outdoor experiments that cause hazards or excessive noise or odors shall be permitted on site Utility services Warehousing Means the commercial storage of merchandise and personal property Ancillary Uses in conjunction with and integral to a primary use 2 289 Antennas Screened outdoor storage Outside storage is permitted if approved by the City Council as part of the site plan review subject to being completely screened with 100 percent opaque fence andor landscape screening Showroom showroom type display area for products stored or manufactured on site provided that no more than 20 percent of the floor space is used for such display and sales Telecommunication Towers by conditional use permit only Prohibited uses Auto related including sales and repair Churches Garden Center Home furnishings and equipment stores Home ImprovementBuilding Supply Lumber Yard Retail Outdoor speakers or public address systems c Setbacks The development is regulated by the PUD Standards There are no minimum requirements for setbacks on interior lot lines in the PUD zone except as specified below The following setbacks shall apply In the PUD standards there is the requirement for landscape buffering in addition to building and parking setbacks The following building and parking setbacks shall apply Buffer yard Setback buildingparking ft Galpin Blvd C 50 50 Lyman Blvd C 50 20 amended 4 10 06 Street A NA 30 10 Interior Lot Lines B O O West Perimeter Lot Line adjacent to C 30 20 industrial 3 290 North Perimeter Lot Line adjacent to residential Buffer yard setback D 100 100 No fences shall be permitted between the required landscape buffer and arterial and collector roads The PUD standard for hard surface coverage is 70 for office and industrial uses Any one sitelot can exceed the 70 percent requirement but in no case can the entire finished development exceed 70 percent d Development Standards Tabulation Box 1 Building Area Building Square Footage Breakdown I Use Percent Total Square Feet Office 30 105 000 Light Industrial fW arehouse 70 245 000 Total Maximum 350 000 The actual use percentages and square footage totals may vary provided that the total building square footages are not exceeded 2 More than one 1 principal structure may be placed on one 1 platted lot 3 Building height shall be limited to 3 stories or 40 feet except for Lot 5 Block 2 lot 5 and Lot 3 Block 1 lot 6 which shall have a building height limit of 2 stories and 30 feet including parapet e Building Materials and Design 1 The PUD requires that the development demonstrate a higher quality of architectural standards and site design 2 All materials shall be of high quality and durable Masonry or higher quality material shall be used Color shall be introduced through colored block or panels and not painted cinder block 3 Brick may be used and must be approved to assure uniformity 4 Block shall have a weathered face or be polished fluted or broken face 4 291 5 Concrete may be poured in place tilt up or pre cast and shall be finished in stone textured coated or painted 6 Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or as trim or as HV AC screen 7 All accessory structures shall be designed to be compatible with the primary structure 8 All roof mounted equipment shall be screened from adjacent public right of ways by walls of compatible appearing material or camouflaged to blend into the building or background Wood screen fences are prohibited All exterior process machinery tanks etc are to be fully screened by compatible materials 9 The use of large unadorned concrete panels and concrete block or a solid wall unrelieved by architectural detailing such as change in materials change in color fenestrations or other significant visual relief provided in a manner or at intervals in keeping with the size mass and scale of the wall and its views from public ways shall be prohibited Acceptable materials will incorporate textured surfaces exposed aggregate and or other patterning All walls shall be given added architectural interest through building design or appropriate landscaping The buildings shall have varied and interesting detailing 10 Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Park 11 Each building shall contain one or more pitched roof elements depending on scale and type of building or other architectural treatments such as towers arches vaults entryway projections canopies and detailing to add additional interest and articulation to structures 12 There shall be no underdeveloped sides of buildings visible from public right of ways All elevations visible from the street shall receive nearly equal treatment and visual qualities f Site Landscaping and Screening 1 Landscaping along Lyman and Galpin Boulevards shall comply with buffer yard standard C Landscaping along the northern project perimeter shall comply with buffer yard D Landscaping along the westerly project perimeter shall comply with buffer yard B All buffer yard plantings shall be installed as part of the subdivision Each lot must present a landscape plan for approval with the site plan review process 2 Storage of material outdoors is prohibited unless it has been approved under site plan review All approved outdoor storage must be screened with berms masonry fences and or landscaping 5 292 3 When parking lots are less than three feet above the adjacent roadway an undulating or angular berm or elevation change of three feet or more in height shall be installed All required boulevard landscaping shall be sodded 4 Loading areas shall be screened 100 percent year round from public right of ways Wing walls may be required where deemed appropriate g Signage 1 The Chanhassen West Business Park PUD shall be permitted one project identification sign at the entrance on Galpin Boulevard The sign shall not exceed eight feet in height A maximum of 80 square feet of sign area shall be permitted The project identification sign shall not be counted against the permitted sign age on an individual parcel 2 All freestanding parcel signs shall be limited to monument signs The sign shall not exceed eighty 80 square feet in sign display area nor be greater than eight 8 feet in height 3 Each property shall be allowed one monument sign per street frontage 4 The signage will have consistency throughout the development A common theme will be introduced at the development s entrance monument and will be used throughout The sign treatment is an element of the architecture and thus should reflect the quality of the development The signs should be consistent in color size and material throughout the development 5 Wall sign shall be permitted per city ordinance for industrial office park site 6 All signs shall require a separate sign permit h Lighting 1 Lighting for the interior of the business center should be consistent throughout the development 2 A decorative shoe box fixture high pressure sodium vapor lamps with a square ornamental pole shall be used throughout the development area for area lighting 3 Lighting equipment similar to what is mounted in the public street right of ways shall be used in the private areas 4 All light fixtures shall be shielded Light level for site lighting shall be no more than 1 2 candle at the property line This does not apply to street lighting i Alternative Access 6 293 1 Each site shall accommodate transit service within the individual development whenever possible 2 Pedestrian access shall be provided from each site to the public sidewalk and trail system 3 The developer and site users shall promote and encourage Traffic Demand Management Strategies 4 Each site shall provide areas for bicycle parking and storage 5 Preferential parking shall be provided for car and van pool vehicles within each site 7 294 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 3 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 Outset Inc Planning Case 07 11 to the persons named on attached Exhibit A by enclosing a copy of said notice in an envelope addressed to such owner and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer Carver County Minnesota and by other appropriate records Subscribed and sworn to before me this 3n day of Y 1 2007 YA k1NotaryPubL 1 KIM T MEUWISSEN It1NotaryPublicMinnesota My Commission Expires Jan 31 2010 295 0 c Q Q E O Sc I ca Q EIe20 00 Oac 2oc Q ca a oc ZQ ca s c ca 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asurvey and isnot 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 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 or direction or precision in the depiction of geographic features If errors ordiscrepancies are found please contact952 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 expressiy waives all claims and agrees to defend indemnify and hold harmiess 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 oruse of data provided Disclaimer This map is neither a legally recorded map nor a survey and isnot intended to be used as one This map is a 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 or direction orprecision in the depiction of geographic features If errorsordiscrepancies are found please contact 952 227 1107 The preceding disclaimer isprovided pursuant to Minnesota Statutes 9466 03 Subd 21 2000 and the user of this map acknowledges that the City shail 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 or third parties which arise out of the use s access oruseof data provided 297 ALAN W JR CATHERINE D HECHT 2490 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 ANGILBERTO HERNANDEZ 2451 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 CHARLES L BARBARA C NICKOLAY 2420 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 CRAIG W DANA A JOHNSON 2450 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 DAVID E MONICA L KILBER 2470 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 FRANK J REBECCA A LAENGLE 2440 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 JEANNE M LINDBERG 2480 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 LBI ACQUISITION CORP 111 N NORTHWEST AVE NORTHLAKE IL 60164 1603 PETER LUANN SIDNEY 2431 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 STEVEN W SARAH S DALE 2487 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 ALEXANDER D DONALDSON 2460 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 BARRY MARY L LABOUNTY 2421 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 CLARENCE E L1EVA L SCHMIDT 2461 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 CSM EQUITIES LLC 500 WASHINGTON AVE S SUITE 300 MINNEAPOLIS MN 55415 1149 EDEN LLC 8156 MALLORY CT CHANHASSEN MN 55317 8586 JAY FAITH M CUTLER 2430 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 JEFFREY L HANNAH R CROMETT 2471 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 MARK CHRISTINE FISCHER 2407 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 RODNEY H JANICE C MELTON 2413 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 TAUNTON VENTURES LP 18760 LAKE DR E CHANHASSEN MN 55317 9384 ALOTA PROPERTIES LLC 4035 NOREX DR CHASKA MN 55318 3043 CHAN WEST II LLP 8156 MALLORY CT CHANHASSEN MN 55317 8586 CRAIG V NINA F WALLESTAD 2475 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 DANIEL R SHELLEY R LUNA 2483 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 ERIC D AMY M PERKINS 2491 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 JC INVESTMENTS OF CHASKA LLC 1405 WEST FARM RD CHASKA MN 55318 9517 KARl LYNN CARSTENSEN 2410 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 MP DEVELOPMENT LLC 2218 LUKEWOOD DR CHANHASSEN MN 55317 8425 STEVEN J NANCY J CAVANAUGH 2441 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 THE NORDICK GROUP INC 67512TH AVE NE WEST FARGO ND 58078 3502 298 THOMAS J RADERMACHER 2479 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 TIMOTHY R CAHLANDER 2495 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 VOLK MINGER PROPERTIES LLC 2218 LUKEWOOD DR CHANHASSEN MN 55317 8425 WILLIAM J SUSAN 0 OLSON 2403 BRIDLE CREEK TRL CHANHASSEN MN 55317 9369 299 City of Chanhassen Public Hearing Notification Area 500 feet Outset Inc 2460 Galpin Court Lot 5 Block 2 Chanhassen West Business Park Planning Case 07 11 300 20 Chanhassen Type 2 Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds Chanhassen Type 1 silt fence shall be used around the remaining areas All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall to have J Hooks installed every 50 feet 21 The existing stormwater pond and areas downstream of the pond shall be protected from sediment produced by the construction site For example if turbid water is found in the stormwater pond a plug could be placed in the flared end section PES of the outlet structure so sediment does not go off site Once settling of the sediment occurs the water could be slowly released 22 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed Provisions for street cleaning shall be included in the SWPPP 23 The private storm sewer should be realigned so that it will not lie within the footprint for the future expansion 24 The site developer for Lot 1 must remove the curb and gutter at the approved access locations and construct a concrete apron per City Detail Plate 5207 25 The site developer must replace the catch basin casting at the northern access with a surmountable casting All voted in favor and the motion carried unanimously with a vote of 7 to O PUBLIC HEARING OUTSET INC REQUEST FOR SITE PLAN APPROVAL FOR A 48 000 SQUARE FOOT OFFICEIW AREHOUSE BillLDING AND A SIGN VARIANCE ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT PUD LOCATED AT 2460 GALPIN COURT APPLICANT EDEN TRACE CORPORATION PLANNING CASE 07 11 Public Present Name Address Tom JoEllen Radermacher 2479 Bridle Creek Trail Mark Undestad left the meeting for this item due to a conflict of interest Bob Generous presented the staff report on this item and addressed issues brought up in a letter from Tom and JoEllen Radermacher McDonald Thank you staff Kurt would you like to start us out Papke With the sign that the variance is concerned with is that a lit sign in any way Is it back lit Front lit 11 301 Generous No Papke No lighting at all Generous No lighting Papke That s all McDonald Okay Kevin Dillon I do not have any questions right now McDonald Okay Kathleen Thomas Neither do 1 McDonald Debbie Larson Pretty straight forward McDonald Okay Dan Keefe I ve got a couple questions McDonald Alright Keefe berming on the north side of this thing you know when we originally did the PUD with this Two questions along those lines One is is it working from the residents perspective I mean what sort of feedback have you gotten in regards to Generous On Waytek Keefe Well yeah is it big enough you know and I think we also talked about it s sort of sight line in terms of the height that we wanted it to be and the width and you know Really the question is what sort of feedback is the city getting on the berming Is it working or not Generous Well Waytek the only all we ve received so far is positive response Plus they were able a lot of landscaping goes on this The developer s been working with the neighbors where they actually give them stakes and they can help layout Keefe Okay So generally you know what you re saying is generally what we tended to happen seems to be happening Yeah right And is it your opinion then based upon that the berming that will go on in this particular building will be sort of consistent with what is going on in the other building 12 302 Generous Yes Keefe Okay Alright Where are the hours of operation Are we limited in terms of the hours of operation in this Generous There weren t any standards established as a part of that We felt then you re telling someone how to run their business Keefe Right yeah Generous City Council was very opposed to that idea Keefe Right Generous And if you get a business that has two shifts do you want to say you can t be in Chanhassen Keefe Right Do we anticipate a lot of trucks going into this particular building I mean large semi trailer type Generous They redistribute things as I understand so they get things and they package Keefe So we will get some of that yeah Okay The lights on the northeast side the height of the building is what 24 feet is that right The berm is what 10 12 feet with trees What is the height of those lights and whats the intended purpose of those lights Is it to light the there s a couple parking spaces along there is that right Generous Not along the along the east The lighting would be just above the overhead doors and so it d be like it d be more like security lighting It would light the area just underneath Keefe Okay So you re not talking putting them up at 24 feet so they it s more just above the doors Generous Correct Keefe So maybe at 10 feet right Okay Generous And then as you go farther down then you have the standard light poles shoe box fixture with a 90 degree cut off Keefe Yeah I was really more concerned about those ones that did kind of go towards the north a little bit Those are a bit lower Okay great Thank you McDonald The only question I had is I suppose I should wait but I wanted to know what Outset does and I believe you kind of alluded you don t really know so I ll save that for the applicant I have no further questions With that if the applicant would like to come forward 13 303 and you know again address any issues or clarify any issues which have come up that will help us on our deliberations we d appreciate it Brian Houwman I m Brian Houwman I m the architect Outset is a company that takes barbeque elements flippers pieces for barbeques Re package those pieces and ship them back out Perhaps there s someone in the back here who s daughter works there that can explain it even past that I ve been in their front showroom and see all of the different pieces they have but they don t manufacture it They buy it somewhere Bring it in Package it Ship it out McDonald Okay thank you Anything further Brian Houwman No McDonald Okay At this point then well first of all does anyone on the commission have any questions for the applicant No Okay We ll now open it up for a public meeting and I would invite anyone to come up Make comment at the podium All I ask is that you state your name and address and address the commission Tom Radermacher My name s Tom Radermacher My wife JoEllen and I live directly to the north of the property at 2479 Bridle Creek Trail First I want to thank you for giving me the opportunity to speak and I want to thank the staff and this developer They did a good job with the outlot and the berm and stuff and communicating with the neighbors But the only thought I can add Bob s already answered most of our questions there The only thing I might add would be additional plantings on the berm due to the size of the the increased size of the building If that is something that can be considered Other than that I guess you answered my questions McDonald Okay Keefe Didn t they over size that I mean I was looking at the plantings on it They wanted they exceeded the requirements did they not Generous Right They if you look at the landscaping plan there s additional plantings above the required Their intention is to put down along that north edge and into the outlot Keefe You know maybe it s something you can get with the developer and look and see exactly how they re going to I think they re open to that Tom Radermacher Thank you McDonald Okay Does anyone else wish to come forward and make comment Okay now I have to anticipate that this is going to be a positive ringing endorsement since we know of the conflict of interest Debbie Lloyd No positive ringing endorsement Just a little explanation that the feature above the doorway is actually the company logo They manufacture overseas very high end entertaining cookware barbeque products and other show ware is a term they use They sell it in 14 304 high end retail places You can find it here at Byerly s You can find it at I wanted to say Dayton s Marshall Fields What is it called Larson Macy s Debbie Lloyd So it s a small company Right now I think my daughter was the seventh employee and they might have 9 now They re a growing firm however and they ll bring some good tax revenue and I know that s what we re looking for here McDonald Well we appreciate the information and the clarification about the logo Thank you Debbie Does anyone else wish to come forward and make comment Seeing no one I will close the public meeting and I ll bring it back up for a discussion amongst the commissioners And Dan we ll start with you Keefe Just a question in regards to the variance Again does it require a hardship or with this variance I mean how do we kind of justify that Generous Well sign variances are different from or even a subdivision variance It s more it s The City Council may grant where it s shown that by reason of topography or other conditions strict compliance with the requirements of the sign ordinance would cause a hardship What they are looking at it as a hardship and they could make a sign that would permit a We d prefer to let them put their logo on now and grant the variance and not have the big sign Keefe So if we grant the variance can we also put a restriction in terms of limiting the sign Generous I would think that would be appropriate Keefe Just what I m hearing is from a city standpoint you re saying we don tnecessarily want this big sign and they re able to do that and the logo You know we re better off just limiting the any thoughts from you guys Larson Are they going to have a road sign somewhere that says what it is or Generous Well if you look at the elevation it s hard to see they have just a little Outset right above the entrance And I believe that s more along their intent McDonald Well if I understand what you re saying what your logic is you re saying that they re entitled to a sign 24 feet by or no 73 square feet and that would be too big so what you re hoping for is that by granting the picnic table the sign that they will come up with will be smaller and I guess it will incorporate some of that area into it so that reduces the actual size itself Generous Right Then they can actually get a sign bigger than 73 square feet That s the size sign they would need to make this logo 15 15 305 Keefe Yeah I m alright you know kind of if it s kind of a substitution thing My concern is they put this logo up and then now by the way we want to max out on our signage too and then it kind of maybe McDonald Yeah and I guess I kind of agree with you If our intent is I m not sure where your hook is to keep the sign smaller by granting this Keefe Can we just do a total square footage of signage and logo will not exceed Generous That would be McDonald Okay So then at that point we get to count the logo as part of whatever happens with the signage and which is I think what your intent is right Keefe So then their sign would have to be smaller by the total square footage McDonald Right Keefe I ll make that as an amendment to that McDonald Okay And I guess the specifics of that staff can come up with as far as the numbers you want in there You ll help us out with that Keefe I ll add it as an amendment McDonald Okay Debbie Larson Really it was the same concerns so we covered it McDonald Okay Kathleen Thomas I m good McDonald Okay Kevin Dillon No questions McDonald I didn t mean to pick on you on the first one Please feel free to Dillon That is I was didn t feel picked on at all McDonald Okay good That s what we want Papke I have kind of a late question here on there s a rain garden on the plan here and in the first case before us tonight there was a public member that got up and suggested a rain garden and we said well you know we can t be assured that that gets maintained and so on and now we 16 306 see a rain garden in this one I take it that this one is strictly voluntary Doesn t help meet any requirements or anything and so the issue that was brought up in the first case tonight is not an issue here Generous Well they re two separate things This is a different watershed district Carver County does require the use of rain gardens And secondly we believe that with at least business they have more ability to do the long term maintenance that is required to keep these rain gardens functioning because what they do is collect sand and get clogged up Papke Could you clarify Carver County requires rain gardens Generous Yeah The watershed district for a small portion of Chanhassen Papke So who within that small portion of Chanhassen must put in a rain garden and of what size and nature This is kind of a new one on me Generous On a who any development may be limited to just this site I m not sure It s not very big Or this subdivision I should say Papke Okay Okay So this subdivision Generous Is all within that watershed Papke So all the buildings have a rain garden within this industrial park Generous Yes They re on the south side of this drive aisle there s one that s in that development And one of the first buildings on the south side and eventually they drain to the storm water pond in the southwest comer of this project and then go into Chaska McDonald I have to admit to that That one slid by us because I don t remember discussing the rain gardens on all the rest of them Generous They show up It s in Carver County a little bit Waytek has one on the east side where their parking is McDonald Okay I really have no comments or questions at this point I think we ve kind of addressed all the concerns and sounds as though it s a good plan and again if it brings business into the city and allows us to increase our tax base that s always a good thing and so and it does sound as though this developer has turned out to be a good neighbor to the homeowners of both to the north and to the east and for that I m glad I ll accept a motion and you should probably do it so you can add your amendment Keefe I ll make a motion that the Chanhassen Planning Commission recommends the City Council approves the site plan for a 48 042 square foot one story office warehouse building with a variance for a 12 9 square foot logo above the main entry plans prepared by Houwman Architects dated April 13 2007 subject to conditions 1 through 25 And I ll add condition 17 307 number 26 that says something along the lines of as a condition of granting the variance the total signage area including the logo area shall not exceed the total area allowed for signage under the ordinance McDonald And I would expect staff to massage that so that we re perfectly legal with that but Papke I ll second that motion McDonald Okay Keefe moved Papke seconded that the Planning Commission recommends the City Council approve Site Plan for a 48 042 square foot one story office warehouse building with a Variance for a 12 9 square foot logo above the main entry plans prepared by Houwman Architects dated 4 13 07 subject to the following conditions 1 Architectural elements such as the use of tiling creating colored block patterns or the use of circular windows shall be added in the wall panels on the north side of the building to provide additional articulation 2 The developer shall connect the internal sidewalks to the public sidewalk in Galpin Court Pedestrian ramps shall be installed at all curbs along this pathway 3 The berm on the north side of the building shall be extended into Outlot C Chanhassen West Business Park 4 The Park Dedication Fee for Lot 5 Block 2 is 39 960 58 to be paid at the time of building permit issuance 5 The applicant shall revise the landscape plan to show a total of 19 overstory trees within the vehicular use area Two landscape peninsulas shall be added to the west parking area 6 Tree preservation fencing is required to be installed prior to any construction around existing trees in Outlot C and any trees preserved along the north property line 7 A lO foot clear space must be maintained around fire hydrants i e street lamps trees shrubs bushes Xcel energy Qwest cable TV and transformer boxes 8 No burning permits shall be issued for trees to be removed Trees and shrubs must either be removed from site or chipped 9 A Storm Water Pollution Prevention Plan shall be developed by the engineer for the site The SWPPP shall be submitted to the City for review by the Carver Soil and Water Conservation District prior to beginning construction The SWPPP shall be in place prior to applying for the NPDES Phase II Construction Permit Additional information regarding SWPPP requirements can be obtained through the MPCA Storm Water Web Site The 18 308 SWPPP shall include all standard detail plates sequencing of the project and seeding and mulching specifications 10 Temporary and permanent erosion control plans and details shall be included in the plans Temporary erosion control may consist of Type 1 mulch as well as temporary and permanent seed mixes 11 Erosion control blanket shall be installed on all slopes greater than or equal to 3 1 12 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 13 Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting Filter fabric held down by steel plates with 12 inches of inch rock over each cover may be used Once casting of inlets takes place inlet controls shall be installed within 24 hours Inlet protection shall be maintained on a regular basis The plans and SWPPP shall be revised to include standard details for all inlet protection devices 14 Chanhassen Type 2 Heavy Duty silt fence shall be installed around all wetlands and stormwater ponds Chanhassen Type 1 silt fence shall be used around the remaining areas All areas of silt fence shown on the plan that are not parallel to the proposed contours of the property shall have J Hooks installed every 50 feet 15 Erosion control shall be installed and inspected prior to any site grading 16 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed Provisions for street cleaning shall be included in the SWPPP 17 The applicant shall apply for and obtain permits from the appropriate regulatory agencies i e Carver County Water Resource Management Area Minnesota Pollution Control Agency and comply with their conditions of approval 18 The plan must be revised so that the grades over the existing storm sewer on the west side are not altered 19 309 19 The plans must be modified so that the wall is a minimum of 15 feet from the storm sewer 20 The property owner must sign an encroachment agreement for the western retaining wall 21 The developer s engineer must submit a sketch verifying that construction of the retaining wall on the east side of the property will not compromise the tree preservation area within Outlot C 22 The contractor must call the City to inspect the connection to the sanitary sewer manhole 23 The buildings are required to have an automatic fire extinguishing system 24 The plans must be prepared and signed by design professionals licensed in the State of Minnesota 25 Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction 26 As a condition of granting the variance the total signage area including the logo area shall not exceed the total area allowed for signage under the ordinance All voted in favor and the motion carried unanimously with a vote of 6 to O Mark Undestad excused himself from this item due to a conflict of interest PUBLIC HEARING ORDINANCE AMENDMENTS TO CHAPTER 20 ZONING CHANHASSEN CITY CODE Generous Thank you Mr Chairman commissioners Some of these are more our housekeeping measures like Section 20 5 from the ordinance specifies all the arterial and collector roads in the city We just added Bluff Creek Boulevard and we re recommending that it be included in the list The second amendment is to Section 20 258 Under the licensing section of the ordinance we permit golf courses to have liquor licenses but under the CUP standards we didn t permit it for golf courses only driving ranges and so we wanted to have it all consistent and in the same language so we re recommending that that be added to Section 20 258 subsection 7 The third issue is in all our commercial industrial districts we discovered that when we cite the landscaping ordinance we through re codification of the ordinance we missed the citations changed and so the numbers weren tthere They were now and so rather than cite a specific number we re going to try to cite the entire Article and Division that deals with landscaping and tree preservation and specifically the landscaping standards with setbacks adjacent to parking lots and required standards for plantings So that affects the neighborhood business district the highway and business services district the general business district the fringe business district the office and institutional district and the industrial office park districts so we d make the same change to all of those Under Accessory structures Section 20 904 Currently we limit the size of accessory structures for properties that are single family residential to 1 000 square feet What 20 310 Correspondence Section Memo from Tom Scott Campbell Knutson re Jeffrey Fox Assessment Appeal dated May 18 2007 Letter to Khani Sahebjam MnDOT re Minnesota TH 5 Corridor Study TH 41 to TH 212 dated April 18 2007 Letter to Lynn Amal St Hubert s Catholic Community dated May 18 2007 Minnetonka Public Schools Tax Levy Efficiencies Letter from Michael Casanova Chair Riley Purgatory Bluff Creek Watershed District dated May 7 2007 Memo from Greg Sticha re Review of Claims Paid dated May 18 2007 311 ThomasT Campbell Roger N Knutson Thomas M Scott Elliott B Kl1etsch Joel J Jamnik Andrea McDmvel Poehler l YatthevKBrold Sorell M Mattick John F Kelly Henry A Schaeffer n I Alina Schwlrtz Crlig R 1cDoweH 1 12rgueritcM McCarron lJ Also Licensed in ViscoT sin BUO Corpor1te Center Curve Suite 317 Egan MN 55121 651 452 5000 Fax 651 452 5550 v w ck Iav co n1 le Ad S ch L L CAMPBELL KNUTSON h Professional Association o lP1f if r Cir n EDIlbv4 May 18 2007 MAY 2 1 Z007 CITY OF CHANHASSEN District Court Administrator Carver County Courts Building 604 East Fourth Street Chaska MN 55318 Re Jeffrey Alan Fox et al vs City ofChanhassen Assessment Appeals District Court File Nos 10 CV 05 1267 and 10 CV 05 1268 and Fox Properties LP vs City ofChanhassen Assessment Appeals District Court File Nos 10 CV 05 1270 and 10 CV 05 1271 Dear Sir or Madam Enclosed herewith for filing is Notice of Taxation of Costs along with the Affidavit of Service in the above entitled matters Best regards Campbell utson f t of Asso on jn Thomas M Scott TMS slc Enclosure cc Client 312 Thomas J Campbell Roger N Knutson Thomas NI Scott EHiott B Knetsch oel J Jamnik Andrea Iv1cDoweH Poehler Yiatthew K Srak Soren Iv Mattick John F Kelly Henry A Sd aeffeH Alina SchW H tz Craig R hkDowell rVl rgutrite YI 1cCarron i AII icned in Visconsin Bsa Corporzte Center Curve Suite 3170 E gn MN 55121 651 452 5000 Fax 651 452 5550 v ct w ck law com CAMPBELL KNUTSON Professional Association Mr Larry D Martin L D Martin Associates Ltd 1480 White Oak Drive Chaska MN 55318 1181 CQ fPlf May 18 2007 Re Jeffrey Alan Fox and Terri Lynn Fox individually and as Trustees of the Fox Trust and Fox Properties LP vs City ofChanhassen District Court File Nos 1O CV 05 1267 1O CV 05 1268 10 CV 05 1270 and 10 CV 05 1271 Dear Mr Martin Enclosed herewith and served upon you by United States Mail is Notice of Taxation of Costs in the above matter TMS slc Enclosure cc Client Best regards fi1L cr o scott 313 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARYER FIRST JUDICIAL DISTRICT Jeffrey Alan Fox and Terri Lynn Fox individually and as Trustees of the Fox Trust and Fox Properties LP Civil File Nos 1O CY 05 1267 1 O CY 05 1268 10 CY 05 1270 lO CY 05 1271 Appellants NOTICE OF TAXATION OF COSTS vs City of Chanhassen Respondent TO Appellants and their attorney Larry D Martin L D Martin Associates Ltd 1480 White Oak Drive Chaska MN 55318 1181 PLEASE TAKE NOTICE that the Court Administrator at the Carver County Courts Building 604 East Fourth Street Chaska Minnesota 55318 on Thursday May 31 2007 at 8 30 a m will tax costs against Appellants as follows Statutory Costs Minn Stat 9 549 02 200 00 Court Reporter Jerry L Goodroad Transcript of Court Trial 73 50 Court Reporter Lisa M Anderson Transcript of Court Trial 188 00 Paradigm Reporting Captioning Inc Deposition of Mike Kettler Appellants engineering expert 561 09 Expert Witness Fees Appraiser Jason Messner Patchin Messner Dodd Preparation of Appraisal Preparation for Court Testimony including meeting with legal counsel on 0118 07 and 02 01 07 6 918 75 3 052 50 Testimony at Trial on 02 02 07 and 02 05 07 2 250 00 131107 1 314 Jon Horn KimIey Horn and Associates Inc Preparation for Court Testimony Jon Horn 15 0 hours Chadd Larson Coordinated preparation of trial exhibits and assisted with a review ofthe various sanitary and grading issues raised by Fox 17 0 hours Kim Benson Assisted Jon Horn and Chadd Larson in the review of the sanitary sewer and grading issues 5 5 hours 2 550 00 1 827 50 550 00 Jon Horn Attend Deposition of Fox engineering expert Mike Kettler and meet with legal counsel to prepare Rebuttal Testimony 4 hours 680 00 Testimony at Trial on 01 22 07 and 02 02 07 Jon Horn 16 hours Rebuttal Testimony at Trial on 02 05 07 Jon Horn 6 hours 2 720 00 1 020 00 Preparation of Trial Exhibits 1 Campbell KnutsonlFedEx Kinkos 2 Kimley HomHope Wedge Senior CADD Technician 11 5 hours 3 Kimley HomIBob Schmidt 8 0 hours 3939 1 006 25 720 00 TOTAL 24 356 98 As ordered by the Court in the Order for Judgment dated April 4 2007 Judgment was entered on April 6 2007 Dated May 18 2007 v Thomas M Scott 98498 Attorneys for Respondent 317 Eagandale Office Center 1380 Corporate Center Curve Eagan Minnesota 55121 Telephone 651 452 5000 1311 07 2 315 VERIFICATION OF BILL OF COSTS STATE OF MINNESOTA ss COUNTY OF DAKOTA THOMAS M SCOTT being duly sworn says that Affiant is one ofthe attorneys for the Respondent in the above entitled action and has knowledge ofthe facts relative to the above costs and disbursements that the items in the above ill of costs are correct that the items have been necessarily incurred in the cause and that t s rvices charged have be aca ly and necessarily performed VV Costs taxed and allowed in the amount of 24 356 98 on 2007 at Court Administrator By Deputy 131107 3 316 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARYER FIRST JUDICIAL DISTRICT Civil File Nos 10 CY 05 1267 1O CY 05 1268 10 CY 05 1270 10 CY 05 1271 Jeffrey Alan Fox and Terri Lynn Fox individually and as Trustees ofthe Fox Trust and Fox Properties LP Appellants AFFIDAVIT OF SERVICE BY U S MAILvs City of Chanhassen Respondent STATE OF MINNESOTA ss COUNTY OF DAKOTA Sherry L Charboneau of the City of Farmington County of Dakota State of Minnesota being duly sworn says that on the 18th day of May 2007 she served a copy of Notice of Taxation of Costs upon Mr Larry D Martin LD Martin Associates Ltd 1480 White Oak Drive Chaska MN 55318 1181 the attorney for Appellants in this matter by mailing to him a copy thereof enclosed in an envelope postage prepaid and by depositing same at the post office in Eagan Minnesota directed to said attorney at his last known addre set forth above 7 Il IiWilW211Ltl Subscribed and sworn to before me s 18th day of May 2007 r o SUSAN R NELSONmNotaryPublicMinnesota 0 eommission ExPIr8lI Jan 31 2010 1 ll 317 w Corridor Transportation Coalition TH 5 Corridor Study Task Force IYetf M f Snhe1 C t IfI tJ i1fi4i ClTIOF CIJANIIASSJlllcamwrtlfJ April 18 2007 Mr Khani Sahebjam Metro District Engineer Minnesota Department of Transportation Water s Edge 1500 West County Road B2 Roseville MN 55113 Re Minnesota TH 5 Corridor Study TH 41 to TH 212 Dear Mr Sahebjam The cities ofNorwood Young America Waconia Victoria and Chanhassen Carver County and the Southwest Corridor Transportation Coalition are requesting the Minnesota Department of Transportation participate in a corridor study for the above referenced segment ofTH 5 These cities Carver County and the surrounding area anticipate having continued substantial growth over the next 10 years and beyond The TH 5 corridor west of TH 41 alone is having and is expected to continue to have significant development activity This segment of roadway has never been seriously studied for corridor improvements However there is a need to develop a highway improvement concept plan with appropriate capacity access management and defmed rightof way to best address the projected transportation demands of this rapidly developing study area before changes in land use further limit available options for increasing corridor capacity If a corridor concept plan can be selected through this study process the corridor could then be protected from future development byofficialmappingorothermeansThecorridorwouldthenbeavailableforconstructionwhenfundingis allocated Also the recent high number ofserious injury and fatality crashes strongly suggests our agencies aggressivelyplanforcorridorimprovementsnow In summary we would like MnlDOT to participate in this study effort The potential benefits to MnlDOT include Obtaining a better understanding ofloc l transportation issues Identifying interim safety and capacity improvements prior tototal corridor reconstruction Preserving a corridor for future high ay expansion Utilizing study findings for project progranur irig and grant applications Forming partnerships with other potential investors in the highway and Sharing ofthe costs among multiple agencies 1 318 Minnesota Trunk Highway 5 Corridor Study Mr Khani Sahebjam April 12 2007 We understand in previous partnership studies MnlDOT has been a contributing partner It would be our hope MnlDot would participate financially towards the consultant contract for this study and as well as allocating MnlDOT in kind resources towards collecting and documenting information for the study In addition we are asking MnlDOT to complete several of the study tasks These tasks would include physical impacts on water resources historic and archeological resource screening and preliminary horizontal layout typical section construction cost estimate and right of way impacts of corridor layout concepts after selection of preferred alternative Weare sure you can appreciate the benefits of developing partnerships to achieve common goals The MnlDOT and Carver County comprehensive transportation plan partnership study completed in 1999 was tremendously successful in bringing into focus a common vision for the evolving transportation system We are extremely appreciative that this same task of again updating the comprehensive transportation plan is being undertaken by Carver County and MnDOT We sincerely feel that MnlDOT s participation in this TH 5 study is required to make it successful Please feel free to contact Roger Gustafson Carver County Engineer at 952466 5200 if you have any questions about this request for MnlDOT participation in this study Sincerely Southwest Corridor Transportation Coalition City of Norwood Young America City of Victoria Lh Mary HersH erger Thun Ma Carver County Board of Commissioners GayL Ch City ofWaconia zd Mark Schiffman Mayor City of Chanhassen c 2 319 CITY OF CHANHASSEN 7700 Market Bou levard 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 CC May 18 2007 Ms Lynn Arnal St Hubert s Catholic Community 8201 Main Street Chanhassen MN 55317 Dear Lynn Thank you for contacting the City of Chanhassen regarding your Summer Stretch program We welcome the opportunity to work with you and the children of St Hubert s Church and School It is our understanding that approximately 16 children in grades 6 7 and 8 will be participating each day City staff met to discuss potential projects for your group and arrived at the following project schedule Thursday June 28th City Center Park Spruc lJpDay The group will sp end the morning sprucing up City Center Park in preparation for the 4th of Julyholidafevents M etpark maintenanceemployeesC arlie Eiler and Brad Morse at the 9ty Center Fountain at 9 30a IIl to receiy your assignments Activities may include weeding collecting and disposing of litter mulching graffiti removal etc Thursday July 12th OlsonCommunity ardens Al Olson was a community leader that inspired the creation city s community gardens Nearly 70farnilies join together at this special spot to grow gardens and buildcommunity Occasionalmainten nce ofthe site includes some periodic intensive hand weeding in the garden paths and prairie area Jill Sinclair Environmlntal Resources Specialist will meet the group at the gardens front gate at 9 30 lm toprovideguidance for the kids Thursday Jrily 19th LStormDrain Environmenti iMarking rograrri Stop before you dump that oil down the storm water drain did you know it drains directly to a pond creek or stream and then onto our lakes and rivers Some people don t soinan effort to educate citizen weenlisfgroups like yours to glue round emblems near storm water grates These emblemsinform people that the water and anything else entering these drains flows directly into our natural resource environments The old adage outof site out of mind does not apply here Lori Haak Water Resources Coordinator and Krista Torgeson Natural Resources Technician will meet you at St Hubert s to review the program and lead you out to the selected project site 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 play320 Ms Lynn Arnal May 18 2007 Page 2 Thursday July 26th Lake Susan Park Trail Clean Up The Lake Susan to Rice Marsh Lake trail is one of the most widely utilized segments of pedestrian trail in the city The trail provides direct access for St Hubert s Church and School to some of the city s most spectacular natural resources Todd Hoffman Park and Recreation Director will meet the group at school at 9 30 a m to lead the group on an adventuresome clean up hike of the trail leading from the school to Lake Susan Park We will return to the school using the sidewalk along Lake Drive cleaning up along the way Some students should wear knee high boots to permit clean up of the lakeshore of Lake Susan Again thank you for your commitment to completing service projects within the community We hope these projects sound exciting we look forward to working with you Sincerely hd aJ LJdfinclair Environmental Resources Specialist Todd Hoffman Park Recreation Director Water Resources Coordinator dL 7 Krista Torgeson 0 Natural Resources Technician cf2aLo Charlie Eiler Park Maintenance Brad Morse Park Maintenance G park thSt Hubert s Summer Stretch doc 321 jJeAr Ad S ch VI L i flUV Z8Z Q J CQQ Q 0 0 Ct j C W J 05 Ecn N co C Q QlQ f Z 322 r t ft k S en I C CD J I en IL a 0 0 en a I en J CD CD Z CD f l t en Q Q 0 f Oc J tE g 0 o I f cJ I 0 0 CCS CCS O J 0 Q o 0 C 01 0 0 Nc Q 0 I 0 Q I f co Q I I I I o Q ij c f 0 0 x 0 Q C en C c l r 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C x O ffi f t J u Y7 en en CCQ0Q E en uc UUw c COO 0 0QC0 JJc I COcwuooQ Ol C L en oo UuQ en C o t 0r e N CD 0r e N LO 0r e N 0r e N C 0r e N N 0r e N or 0r e N e 0r e N N It tit en e e N It tit 00 e e N It It tit t e e N co tit of 0 J C r i f 0 C O co M tit o t tit N t tit lt t tit CD tit co t tit o It tit co It tit lt ri tit o It tit t tit lt t tit C o o ofrof r 1 0tJ N o tit o o tit o o tit o o o tit co o CD tit o o o tit CD CD tit o o o tit CD tit o o o tit N CD tit C o tit o o o tit o o o tit o o tit C o tit co o M tit t O J tn Qcu r 0 0 cu u It o tit tit cu en r cu 0 I It o tit It o o tit It o tit It o o tit o tit i1 o tit It o tit It o tit o tit N i1 1 s 1 en o 1 C M N tit M N tit M N tit M N tit CD o N tit CD o N tit CD N tit M o N tit o N tit en o CD N tit CD o N tit 0 1 1 Q en0 cuo o 0 IJ c J C co 1 o 1 C C J J C i C o o C 2 o J 0 1 0 co 0 co 0 CO1 C ID co5 0JecJ Q cl 1i5 Nco o C omN t o c J oCuJ cCo1C02co 5 1 0C 0 co c o1OcoI C 0 enCJco1Cuccox oa co co roC1 COlccuc J 0 o o e 0 0 N j LOJm Eoocc5coOJCC CJ 11CenCCcococoJmam0of oJc of 343 A 1 SeC4 c Riley Purgatory Bluff Creek Watershed District Web Site http www rileypurgatorybluffcreek org Legal Advisor Krebsbach and Haik Ltd 225 South Sixth Street Suite 4320 Minneapolis MN 55402 612333 7400 Fax 612 333 6959 Engineering Advisor Barr Engineering 4700 West 77th Street Minneapolis MN 55435 952832 2600 Fax 952 832 2601 May 7 2007 Todd Gerhardt City Manager City of Chanhassen 7700 Market Blvd P O Box 147 Chanhassen MN 55317 Scott Neal City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie MN 55344 RECEIVED MAY 1 0 2007 CITY OF CHANHASSEN Jon Gunyou City Manager City of Minnetonka 14600 Minnetonka Boulevard Minnetonka MN 55345 Re City Manager Water Advisory Meeting Dear Gentlemen Thank you for attending the City Manager Water Advisory on Thursday The Managers appreciate frank discussion and welcome and will carefully consider all municipal concerns This consideration doesn t mean we will agree on all points but the Managers are open to listening and learning My lay person s description of the intent of the Managers is pretty straightforward The goals and policies of the current plan are solid Other than possibly raising the bar for Lakes Susan and Mitchell based upon advice of the lake associations the Managers intend to continue existing goals and policies The heart of the plan is the proposed projects As to those projects the Managers set a schedule for gathering public municipal association and agency input and recommendations A renewed effort will be made to gather more input and recommendations and a re affirmation of the invite to city staff has already been sent After gathering these inputs and recommendations the Managers intended to select schedule and finance the projects through the updated plan The Managers intend these projects really address and improve water quality especially in the lakes The lake association presentations showed real need for concrete help Based upon the conversation yesterday there appears to be a lack of consistency between cities and within cities themselves on how to approach TMDL issues One approach is for the Board of Managers Howard Peterson James Landini Kenneth Wencl Michael Casanova Erin Ahola 344 Todd Gerhardt Scott Neal Jon Gunyou May 7 2007 Page 2 of 2 Subject City Manager Water Advisory Meeting Managers to undertake those studies Another approach is to assist the Cities in preparing the studies to finish them in time for municipal needs Another approach is to participate and comment when the Agency undertakes them The Managers are open to giving each city consideration for any assistance they desire however these projects will have to compete with other projects for limited resources At present given the limited funds of the District the Managers must choose how to balance the project opportunities The Managers are absolutely committed to listening to you about the appropriate approach The Managers had not in any manner ruled out any approach The belief was the MS4 work being done by Barr Engineering Company on behalf of the cItIes of Minnetonka and Bloomington and Wenck Associates on behalf of the cities of Chanhassen and Eden Prairie would set the foundation for watershed activity The Managers would then try to carry the ball over the clean water goal line about which everyone agrees The Managers had scheduled separate presentations in May 2007 by Wenck Associates and Barr Engineering Company to explain their recommendations to the Cities To date the Managers have not received any report about the recommendations of either Barr Engineering Company or Wenck Associates The Managers remain committed to reaching out to all stakeholders CItIzens associations municipalities and agencies the Managers are trying wholeheartedly to do the right thing for our lakes and creeks and taxpayers Please contact me with any questions or concerns My telephone number is 952 937 8372 Sincerely RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Michael Casanova Chair Cc Managers Gene Dietz City of Eden Prairie Lee Gustafson City of Minnetonka 345 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 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 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 II 1 1 7 rtW The following claims are submitted for review on May 29 2007 The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play FROM Greg Sticha Finance Director DATE May 18 2007 SUBJECT Review of Claims Paid Check Numbers Amounts 132800 132926 934 459 65 Total All Claims 934459 65 Attachments Check Summary Check Detail Report 346 CITY OF CHANHASSEN Accounts Payable Printed 05 18 2007 08 55 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 132800 aarp AARP 05 10 2007 0 00 90 00 132801 altreb ALTERNATOR REBUILD CO 05 10 2007 0 00 111 83 132802 appins Appletree Institute 05 10 2007 0 00 43 562 50 132803 autunI AUTOMOTIVE UNLIMITED 051 0 2007 0 00 99 10 132804 brauer BRAUER ASSOCIATES LTD 05 10 2007 0 00 402 30 132805 brotir BROWN S TIRE AUTO 05 10 2007 0 00 7 00 132806 camknu CAMPBELL KNUTSON 051 0 2007 0 00 9 440 09 132807 cantin CANON FINANCIAL SERVICES INC 051 0 2007 0 00 753 88 132808 CARTRE CARVER COUNTY TREASURER 05 10 2007 0 00 2 165 00 132809 cenene CENTERPOINT ENERGY MINNEGASCO 051 0 2007 0 00 5 068 82 132810 chavet CHANHASSEN VETERINARY 05 10 2007 0 00 72942 132811 chrisrob Robert Christenson 051 02007 0 00 3 700 00 132812 danka DANKA OFFICE IMAGING COMPANY 051 0 2007 0 00 822 38 132813 deltoo DELEGARD TOOL COMPANY 05 10 2007 0 00 7 35 132814 dirsaf DIRECT SAFETY COMPANY 05 10 2007 0 00 217Q3 132815 donsal DONALD SALVERDA ASSOCIATES 05 10 2007 0 00 66 99 132816 dunrit DUNN RITE SHOES REPAIR 051 0 2007 0 00 82 00 132817 DYNAME DYNAMEX DELIVERS NOW 051 0 2007 0 00 61 58 132818 Emeveh Emergency Vehicles Plus 051 0 2007 0 00 190 73 132819 EscTeI ESCHELON TELECOM INC 051 0 2007 0 00 14 88 132820 facmot FACTORY MOTOR PARTS COMPANY 051 0 2007 0 00 62 39 132821 fascom FASTENAL COMPANY 05 10 2007 0 00 79 52 132822 tireng FIRE ENGINEERING 05 10 2007 0 00 29 95 132823 fshcom FSH COMMUNICATIONS LLC 051 0 2007 0 00 127 80 132824 geskgreg GREGG GESKE 051 02007 0 00 33 78 132825 gsdir GS DIRECT INC 05 102007 0 00 245 27 132826 hach Hach Company 05 10 2007 0 00 38744 132827 hdsup HD Supply Waterworks LID 05 10 2007 0 00 6 565 25 132828 helrus HELMETS R US 05 10 2007 0 00 451 75 132829 hen tee HENNEPIN TECHNICAL COLLEGE 051 0 2007 0 00 396 00 132830 hoikoe HOISINGTON KOEGLER GROUP 05 10 2007 0 00 92746 132831 ICMART ICMA RETIREMENT AND TRUST 457 051 0 2007 0 00 1 560 00 132832 jhlar JH LARSON COMPANY 05 10 2007 0 00 508 29 132833 katfue KATH FUEL OIL SERVICE 05 10 2007 0 00 19 880 69 132834 klmeng KLM ENGINEERING INC 05 10 2007 0 00 2 400 00 132835 lanzbob BOB LANZI 05 10 2007 0 00 198 00 132836 lenapp Lenders Appraisal Services Inc 051 0 2007 0 00 1 500 00 132837 lotlaw LOTUS LAWN AND GARDEN 051 0 2007 0 00 1 54745 132838 MarsWade Wade Marshall 05 10 2007 0 00 23 75 132839 merace MERLINS ACE HARDWARE 051 02007 0 00 1 130 86 132840 metath METRO ATHLETIC SUPPLY 05 102007 0 00 330 21 132841 metco Metropolitan Council Env Svcs 05 10 2007 0 00 349 692 75 132842 metroc METROCALL 05 10 2007 0 00 39 70 132843 MINFIR CERTIFICATION BOARD MINNESOTA FIRE SERMY10 2007 0 00 25 00 132844 MNCHIL MN CHILD SUPPORT PAYMENT CTR 05 10 2007 0 00 417 62 132845 mnheal MN DEPT OF HEALTH 051 0 2007 0 00 23 00 132846 mnlabo MN DEPT OF LABOR AND INDUSTRY 051 0 2007 0 00 5 426 82 132847 MSRS MSRS 051 0 2007 0 00 2 493 15 132848 mtidis MTI DISTRIBUTING INC 05 10 2007 0 00 123 80 132849 mvec MN V ALLEY ELECTRIC COOP 051 0 2007 0 00 3 161 20 132850 NATRET NATIONWIDE RETIREMENT SOLUTION 05 10 2007 0 00 5 602 09 132851 NCPERS MN NCPERS LIFE INSURANCE 051 0 2007 0 00 32 00 132852 oehmpaul PAUL OEHME 05 10 2007 0 00 47 05 132853 pinkray RAY PINK 05 10 2007 0 00 450 00 132854 piorim PIONEER RIM WHEEL CO 05 10 2007 0 00 25549 132855 POWCHA POWER SYSTEMS 05 10 2007 0 00 83 52 132856 pralaw PRAIRIE LAWN GARDEN 05 10 2007 0 00 2459 132857 prturf PRO TURF 05 10 2007 0 00 1 824 51 132858 pummet PUMP AND METER SERVICES INC 051 0 2007 0 00 4 68 132859 qwest QWEST 05 10 2007 0 00 6842 132860 rbmser REM SERVICES INC 05 10 2007 0 00 5 151 54 132861 RESREC RESOURCE RECOVERY TECHNOLOGIES 05 102007 0 00 132 00 Page I 347 CITY OF CHANHASSEN Accounts Payable Printed 051 8 2007 08 55 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 132862 ridymc RIDGEDALE YMCA 05 1012007 0 00 1 570 40 132863 RIESFRED Riese Family Properties LLC 05 10 2007 0 00 250 00 132864 RiscTina Tina Risch 05 10 2007 0 00 128 00 132865 savsup SAVOIE SUPPLY CO INC 05 10 2007 0 00 72 59 132866 sou sub SOUTHWEST SUBURBAN PUBLISHING 051 0 2007 0 00 3 204 08 132867 SPAMOT SPARTAN MOTOR CHASSIS INC 051 0 2007 0 00 26 29 132868 spscom SPS COMPANIES INC 05 10 2007 0 00 70 70 132869 streic STREICHER S 05 10 2007 0 00 47 62 132870 tecgra TECHNAGRAPHICS 05 10 2007 0 00 365 33 132871 UB 00068 GREGORY GERSTNER 05 10 2007 0 00 36 89 132872 UNIWA Y UNITED WAY 051 0 2007 0 00 42 00 132873 WASMA2 WASTE MANAGEMENT TC WEST 05 10 2007 0 00 951 0 I 132874 watco2 Waterous Arizona Operations 051 0 2007 0 00 351 95 132875 GERTGREE GERTEN GREENHOUSES INC 05 10 2007 0 00 8 268 82 132876 3dspe 3D SPECIALTIES 05 17 2007 0 00 309 39 132877 aarp AARP 051 7 2007 0 00 150 00 132878 ameeng AMERICAN ENGINEERING TESTING 05 17 2007 0 00 2 550 00 132879 amesol AMERICAN SOLUTIONS 051 7 2007 0 00 567 05 132880 aspmil ASPEN MILLS 051 7 2007 0 00 83045 132881 azcla A TO Z CLASSIC EVENTS 05 17 2007 0 00 1 147 04 132882 beacathl Beacon Athletics 051 7 2007 0 00 3240 132883 cenene CENTERPOINT ENERGY MINNEGASCO 05 1712007 0 00 2 363 61 132884 chaska CITY OF CHASKA 051 7 2007 0 00 742 00 132885 choice Choice Inc 05 17 2007 0 00 230 30 132886 copima COPY IMAGES INC 05 17 2007 0 00 393 52 132887 corexp CORPORATE EXPRESS 051 712007 0 00 58757 132888 deeprock Deep Rock Water Company 05 17 2007 0 00 6 71 132889 earand EARL F ANDERSEN INC 05 17 2007 0 00 1 097 84 132890 ehlers EHLERS ASSOCIATES INC 05 17 2007 0 00 855 00 132891 FarrTom Tom Farrell 051 712007 0 00 88 00 132892 GOPSTA GOPHER STATE ONE CALL INC 05 17 2007 0 00 75545 132893 gymwor GYM WORKS INC 05 17 2007 0 00 225 00 132894 hantho HANSEN THORP PELLINEN OLSON 05 17 2007 0 00 507 00 132895 harcre HARDWOOD CREEK LUMBER INC 05 17 2007 0 00 251 34 132896 hawche HAWKINS CHEMICAL 05 1712007 0 00 614 89 132897 HoesDoug DOUG HOESE 051 7 2007 0 00 48 50 132898 KeogJeff JEFF KEOGH 051 7 2007 0 00 40 00 132899 kratgarr Garrett Kratz 05 17 2007 0 00 175 00 132900 levgil LeVander Gillen Miller P A 05 17 2007 0 00 1 957 50 132901 madjoh MADSEN JOHNSON CORPORATION 051 7 2007 0 00 4 884 75 132902 metco2 METROPOLITAN COUNCIL 05 17 2007 0 00 116450 37 132903 metfor METROPOLITAN FORD 051 712007 0 00 55 38 132904 midasp MIDWEST ASPHALT CORPORATION 05 17 2007 0 00 1 08144 132905 MRPA MN RECREATION PARK ASSOC 05 17 2007 0 00 877 00 132906 oreaut O REILLY AUTOMOTIVE INC 05 17 2007 0 00 633 78 132907 prares PRAIRIE RESTORATIONS INC 051 7 2007 0 00 1 173 16 132908 ruegjerr JERRY RUEGEMER 051 7 2007 0 00 100 00 132909 schson SCHARBER SONS INC 05 1712007 0 00 42 60 132910 shotru SHOREWOOD TRUE VALUE 051 7 2007 0 00 26 86 132911 signsu SIGNS N SUCH 05 17 2007 0 00 18 00 132912 skyeve SKYWAY EVENT SERVICES 05 17 2007 0 00 6 265 68 132913 smhen SM HENTGES SONS 05 17 2007 0 00 182 91540 132914 srfcon SRF CONSULTING GROUP INC 05 17 2007 0 00 7 046 55 132915 terrnin TERMINIX 051 712007 0 00 186 38 132916 trurid TRUE RIDE INC 051 7 2007 0 00 3481 64 132917 Valemary MARY VALENTINE 05 17 2007 0 00 243 89 132918 verizo VERIZON WIRELESS 051 7 2007 0 00 27 96 132919 vissew Visu Sewer Clean Seal Inc 051 712007 0 00 86 492 36 132920 wenck WENCK ASSOCIATES INC 05 17 2007 0 00 6 204 17 132921 wsdar WS DARLEY CO 05 17 2007 0 00 6250 132922 wwgra WW GRAINGER INC 051 7 2007 0 00 30139 132923 xcel XCEL ENERGY INC 05 17 2007 0 00 142 94 Page 2 348 CITY OF CHANHASSEN User danielle Check Number 132924 132925 132926 Vendor No zacks zepman post Accounts Payable Checks by Date Summary by Check Number Vendor Name ZACK S INC ZEPMANUFAC GCOMPANY POSTMASTER Check Date 0517 2007 05 17 2007 05 18 2007 Report Total Printed 0518 2007 08 55 Summary Void Amount 0 00 0 00 0 00 0 00 Check Amount 1 104 06 203 56 1 468 92 934 459 65 Page 3 349 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 Amount 3D SPECIALTIES 3dspe 3D SPECIALTIES Ck 132876 05 17 07 Inv 423814 Line Item Date Line Item Description 0418 07 Sweatshirts Inv 423814 Total Line Item Account 10 1 1320 4240 309 39 309 39 Ck 132876 Total 309 39 3dspe 3D SPECIALTIES 309 39 3D SPECIALTIES 309 39 A TO Z CLASSIC EVENTS azcla A TO Z CLASSIC EVENTS Ck 132881 0517 07 Inv 3860 1 5 Line Item Date Line Item Description 0511 07 Arbor Day tent rental Inv 3860 1 5 Total Line Item Account 720 7202 4130 1 147 04 1 147 04 Ck 132881 Total 1 147 04 azcla A TO Z CLASSIC EVENTS 1 147 04 A TO Z CLASSIC EVENTS 1 147 04 AARP aarp AARP Ck 132800 051 0 07 Inv 6072 104 Line Item Date Line Item Description 05 07 07 Defensive driving Inv 6072 104 Total Line Item Account 101 1560 4300 90 00 90 00 Ck 132800 Total 90 00 Ck 132877 0517 07 Inv 6072 105 Line Item Date Line Item Description 05 10 07 Defensive driving Inv 6072 105 Total Line Item Account 101 1560 4300 150 00 150 00 Ck 132877 Total 150 00 aarp AARP 240 00 AARP 240 00 AL TERNA TOR REBUILD CO altreb ALTERNATOR REBUILD CO Ck 132801 0510 07 Inv 39539 Line Item Date Line Item Description 04 24 07 alternator Inv 39539 Total Line Item Account 101 1220 4140 111 83 111 83 Page I 350 CITY OF CHANHAS User danielIe Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Ck 132801 Total Amount I I 1 83 altreb ALTERNATOR REBUILD CO 111 83 ALTERNATOR REBUILD CO 111 83 AMERICAN ENGINEERING TESTING ameeng AMERICAN ENGINEERING TESTING Ck 132878 05 17 07 Inv 220249 Line Item Date 04 26 07 Inv 220249 Total Line Item Description Lift Station 3 Line Item Account 70 I 70 I5 4300 2 550 00 2 550 00 Ck 132878 Total 2 550 00 ameeng AMERICAN ENGINEERING TESTING 2 550 00 AMERICAN ENGINEERING TESTING 2 550 00 AMERICAN SOLUTIONS amesol AMERICAN SOLUTIONS Ck 132879 051 7 07 Inv 2999274 Line Item Date Line Item Description 05 09 07 Utility bill statements 05 09 07 Utility bill statements Inv 2999274 Total Line Item Account 700 0000 4340 701 0000 4340 283 52 283 53 567 05 Ck 132879 Total 567 05 amesol AMERICAN SOLUTIONS 567 05 AMERICAN SOLUTIONS 567 05 Appletree Institute appins Appletree Institute Ck 132802 05 10 07 Inv june07 Line Item Date 05 09 07 05 09 07 05 09 07 05 09 07 05 09 07 05 09 07 Inv june07 Total Line Item Description June health premiums June health premiums June health premiums June health premiums June health premiums June health premiums Line Item Account 210 0000 2012 10 1 0000 20 12 720 0000 2012 701 0000 2012 700 0000 2012 101 0000 2012 568 25 80750 1 421 88 2 37130 2 859 80 35 533 77 43 562 50 Ck 132802 Total 43 562 50 appins Appletree Institute 43 562 50 Appletree Institute 43 562 50 Page 2 351 CITY OF CHANHAS User daniel1e ASPEN MILLS aspmil ASPEN MILLS Ck 132880 051 7 07 InY 73841 Line Item Date 05 08 07 InY 73841 Total Iny 73842 Line Item Date 05 08 07 Iny 73842 Total Ck 132880 Total asp mil ASPEN MILLS Line Item Description Firefighter uniforms Line Item Description Firefighter uniforms ASPEN MILLS AUTOMOTIVE UNLIMITED autunl AUTOMOTIVE UNLIMITED Ck 132803 05 10 07 Iny 57870 Line Item Date 04 30 07 Iny 57870 Total Ck 132803 Total autunl Line Item Description 1999 Dodge repairs Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Amount Line Item Account 10 I I 220 4240 94 32 94 32 Line Item Account 10 1 I 220 4240 736 13 736 13 83045 830 45 830 45 Line Item Account 101 1 320 4520 99 10 99 10 99 10 AUTOMOTIVE UNLIMITED AUTOMOTIVE UNLIMITED 99 10 Beacon Athletics beacathl Beacon Athletics Ck 132882 05 17 07 Iny 378396 Line Item Date 05 02 07 InY 378396 Total Ck 132882 Total beacathl Beacon Athletics Line Item Description Gaskets bal1 spring for chec Beacon Athletics BRAUER ASSOCIATES LTD brauer BRAUER ASSOCIATES LTD Ck 132804 051 0 07 Iny 1202298 Line Item Date Line Item Description 04 30 07 Highoyer Trail landscape desig lny 1202298 Total Ck 132804 Total 99 10 Line Item Account 101 1550 4530 3240 3240 3240 32 40 32 40 Line Item Account 410 0000 4300 402 30 402 30 402 30 Page 3 352 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 brauer BRAUER ASSOCIATES LTD Amount 402 30 BRAUER ASSOCIATES L TD 402 30 BROWN S TIRE AUTO brotir BROWN S TIRE AUTO Ck 132805 05 10 07 InY 041307 Line Item Date Line Item Description 04 30 07 Car wash Iny 041307 Total Line Item Account 101 1250 4520 7 00 7 00 Ck 132805 Total 7 00 brotir BROWN S TIRE AUTO 7 00 BROWN S TIRE AUTO 7 00 CAMPBELL KNUTSON camknu CAMPBELL KNUTSON Ck 132806 051 0 07 Iny apri07 Line Item Date 04 30 07 04 30 07 04 30 07 Iny apri07 Total Line Item Description Rossayik litigation Fox Assessment Legal services Line Item Account 101 1142 4302 701 7018 4302 101 1140 4302 328 99 438 59 8 672 51 9 440 09 Ck 132806 Total 9 440 09 camknu CAMPBELL KNUTSON 9 440 09 CAMPBELL KNUTSON 9 440 09 CANON FINANCIAL SERVICES INC cantin CANON FINANCIAL SERVICES INC Ck 132807 05 10 07 Iny 7025489 Line Item Date Line Item Description 05 01 07 Copier Iny 7025489 Total Line Item Account 101 1120 4410 753 88 753 88 Ck 132807 Total 753 88 cantin CANON FINANCIAL SERVICES INC 753 88 CANON FINANCIAL SERVICES INC 753 88 CARVER COUNTY TREASURER CARTRE CARVER COUNTY TREASURER Ck 132808 051 0 07 InY 250240800 Line Item Date Line Item Description 05 09 07 1 st half property taxes Iny 250240800 Total Line Item Account 700 0000 4807 551 00 551 00 InY 252860040 Line Item Date 05 09 07 Line Item Description Property taxes Line Item Account 101 1120 4807 4 00 Page 4 353 CITY OF CHANHAS User danieIle Iny 252860040 Total Iny 2575403 I 0 Line Item Date Line Item Description 05 09 07 Property taxes Iny 2575403 I 0 Total InY 257900070 Line Item Date Line Item Description 05 09 07 1 st half property taxes Iny 257900070 Total Iny 258700061 Line Item Date 05 09 07 InY 258700061 Ck 132808 Total CARTRE Line Item Description 1 st half property taxes Total Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 Amount 4 00 Line Item Account 101 1120 4807 16 00 16 00 Line Item Account 700 0000 4807 807 00 807 00 Line Item Account 700 0000 4807 787 00 787 00 2 165 00 CARVER COUNTY TREASURER CARVER COUNTY TREASURER 2 165 00 CENTERPOINT ENERGY MINNEGASCO cenene CENTERPOINT ENERGY MINNEGASCO Ck 132809 051 0 07 Iny 042307 Line Item Date 04 27 07 04 27 07 04 27 07 04 27 07 04 27 07 Jny 042307 Total Ck 132809 Total Ck 132883 Jny 042307 Line Item Date 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 04 23 07 Jny 042307 Total Ck 132883 Total cenene Line Item Description Gas charges Gas charges Gas charges Gas charges Gas charges 051 7 07 Line Item Description Gas charges Gas charges Gas charges Gas charges Gas charges Gas charges 2 165 00 Line Jtem Account 700 0000 4320 101 1550 4320 700 7019 4320 10 1 1170 4320 101 1190 4320 4149 292 96 1 420 32 1 492 67 1 82138 5 068 82 5 068 82 Line Item Account 101 1551 4320 101 1530 4320 700 0000 4320 701 0000 4320 101 1220 4320 101 1370 4320 6192 132 18 135 80 135 80 811 53 1 086 38 2 363 61 2 363 61 CENTERPOINT ENERGY MINNEGASCO CENTERPOINT ENERGY MINNEGASCO 7 432 43 7 432 43 Page 5 354 CITY OF CHANHAS User danielle CHANHASSEN VETERINARY chavet CHANHASSEN VETERINARY Ck 1328 I 0 05I0 07 Inv 82727 Line Item Date 04 30 07 Inv 82727 Total Ck 132810 Total chavet Line Item Description Veterinary services Accounts Payable Check Detail Report Detail Printed 05I8 07 08 56 Amount Line Item Account 101 1260 4300 72942 72942 72942 CHANHASSEN VETERINARY CHANHASSEN VETERINARY 729 42 Choice Inc choice Choice Inc Account Ck 132885 05I7 07 Inv 042707 Line Item Date 04 09 07 Inv 042707 Total Ck 132885 Total choice Choice Inc 101 1220 4350 Line Item Description Fire department cleaning Choice Inc Christenson Robert chrisrob Christenson Robert Ck 132811 05I0 07 Inv 11182 Line Item Date 05 09 07 Inv 11182 Total Ck 132811 Total chrisrob Christenson Robert Line Item Description Security escrow refunded Christenson Robert CITY OF CHASKA chaska CITY OF CHASKA Ck 132884 05I7 07 Inv 10553 Line Item Date 05I4 07 Inv 10553 Total Ck 132884 Total chaska CITY OF CHASKA Line Item Description Senior trip transportation ti CITY OF CHASKA 729 42 Line Item Account 101 1220 4350 230 30 230 30 230 30 230 30 230 30 Line Item Account 815 8221 2024 3 700 00 3 700 00 3 700 00 3 700 00 3 700 00 Line Item Account 101 1560 4300 742 00 742 00 742 00 742 00 742 00 Page 6 355 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 051 8 07 08 56 Amount COPY IMAGES INC copima COPY IMAGES INC Ck 132886 051 7 07 Inv 83974 Line Item Date 05 08 07 Inv 83974 Total Line Item Description copy machine Line Item Account 101 1250 4530 393 52 393 52 Ck 132886 Total 393 52 copima COPY IMAGES INC 393 52 COPY IMAGES INC 393 52 CORPORA TE EXPRESS corexp CORPORATE EXPRESS Account 101 1170 4110 Ck 132887 051 7 07 Inv 78539553 Line Item Date Line Item Description 04 26 07 Paperclips pens postit notes Inv 78539553 Total Line Item Account 101 1170 4110 252 27 252 27 Inv 78692982 Line Item Date Line Item Description 05 03 07 Return utility knife Inv 78692982 Total Line Item Account 10 1170 4110 11 07 1107 Inv 78701835 Line Item Date Line Item Description 05 03 07 Toner cartridges Inv 78701835 Total Line Item Account 101 1170 4110 346 37 346 37 Ck 132887 Total 587 57 corexp CORPORATE EXPRESS 587 57 CORPORATE EXPRESS 587 57 DANKA OFFICE IMAGING COMPANY danka DANKA OFFICE IMAGING COMPANY Ck 132812 05 10 07 Inv 705412383 Line Item Date Line Item Description 04 30 07 Copier Inv 705412383 Total Line Item Account 101 1120 4410 822 38 822 38 Ck 132812 Total 822 38 danka DANKA OFFICE IMAGING COMPANY 822 38 DANKA OFFICE IMAGING COMPANY 822 38 Deep Rock Water Company deeprock Deep Rock Water Company Ck 132888 051 7 07 Inv 6113899 Line Item Date 04 25 07 Line Item Description Cold cooler rental Line Item Account 101 1550 4120 6 71 Page 7 356 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 Iny 6113899 Total Amount 6 71 Ck 132888 Total 6 71 deeprock Deep Rock Water Company 6 71 Deep Rock Water Company 6 71 DELEGARD TOOL COMPANY deltoo DELEGARD TOOL COMPANY Ck 132813 051 0 07 Inv 5325 Line Item Date Line Item Description 04 24 07 Return socket Iny 5325 Total Line Item Account 101 1370 4260 13 26 13 26 Iny 979024 Line Item Date 02 07 07 Iny 979024 Total Line Item Description Socket wrench Line Item Account 101 1370 4260 20 61 20 61 Ck 132813 Total 7 35 del too DELEGARD TOOL COMPANY 7 35 DELEGARD TOOL COMPANY 7 35 DIRECT SAFETY COMPANY dirsaf DIRECT SAFETY COMPANY Ck 132814 0510 07 Iny 587681 Line Item Date 05 0107 Iny 587681 Total Line Item Description Safety vests Line Item Account 400 4 I 05 4705 21703 217 03 Ck 132814 Total 21703 dirsaf DIRECT SAFETY COMPANY 217 03 DIRECT SAFETY COMPANY 217 03 DONALD SALVERDA ASSOCIATES donsal DONALD 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132889 0517 07 Inv 77039 Line Item Date 04 20 07 Inv 77039 Total Line Item Description Street sign plates posts Line Item Account 101 1320 4560 1 097 84 1 097 84 Ck 132889 Total 1 097 84 earand EARL F ANDERSEN INC 1 097 84 EARL F ANDERSEN INC 1 097 84 EHLERS ASSOCIATES INC ehlers EHLERS ASSOCIATES INC Ck 132890 05 17 07 Inv 334827 Line Item Date 051 0 07 05 10 07 Inv 334827 Total Line Item Description Utility rate study Utility rate study Line Item Account 700 0000 4300 701 0000 4300 427 50 427 50 855 00 Ck 132890 Total 855 00 ehlers EHLERS ASSOCIATES INC 855 00 EHLERS ASSOCIATES INC 855 00 Page 9 358 CITY OF CHANHAS User danielle Emergency Vehicles Plus Emeveh Emergency Vehicles Plus Ck 132818 05110 07 Inv 183 Line Item Date 04 12 07 Inv 183 Total Line Item Description Gauge discharge Ck 132818 Total Emeveh Emergency Vehicles Plus Emergency Vehicles Plus ESCHELON TELECOM INC EscTel ESCHELON TELECOM INC Ck 132819 05110 07 Inv 120229887 Line Item Date Line Item Description 0411 8 07 Phone support system programm Inv 120229887 Total Ck 132819 Total EscTel ESCHELON TELECOM INC ESCHE LON TELECOM INC FACTORY MOTOR PARTS COMPANY facmot FACTORY MOTOR PARTS COMPANY Ck 132820 0511 0 07 Inv 1 2625488 Line Item Date Line Item Description 04 23 07 battery 1nv 1 2625488 Total Ck 132820 Total facmot Accounts Payable Check Detail Report Detail Printed 0511 8 07 08 56 Amount Line Item Account 101 1220 4120 190 73 190 73 190 73 190 73 190 73 Line Item Account 101 1160 4300 14 88 14 88 14 88 14 88 14 88 Line Item Account 101 1320 4120 62 39 62 39 62 39 FACTORY MOTOR PARTS COMPANY 62 39 FACTORY MOTOR PARTS COMPANY Farrell Tom FarrTom Farrell Tom Ck 132891 05 17 07 Inv 4203 Line Item Date 0511 6 07 Inv 4203 Total Line Item Description Adult softball umpire Ck 132891 Total FarrTom Farrell Tom Farrell Tom 62 39 Line Item Account 101 1766 4300 88 00 88 00 88 00 88 00 88 00 Page 10 359 CITY OF CHANHAS User danielle FASTENAL COMPANY fascorn FASTENAL COMPANY Ck 132821 051 0 07 Inv MNT1014273 Line Item Date Line Item Description 041 8 07 Bolts Inv MNTIOl4273 Total Inv MNTlOl4350 Line Item Date Line Item Description 04 24 07 Fasteners Inv MNTIOl4350 Total Ck 132821 Total fascom FASTENAL COMPANY FASTENAL COMPANY FIRE ENGINEERING fireng FIRE ENGINEERING Ck 132822 051 0 07 Inv 050907 Line Item Date 05 09 07 Inv 050907 Total Ck 132822 Total fireng FIRE ENGINEERING Line Item Description Magazine renewal FIRE ENGINEERING FSH COMMUNICAnONS LLC fshcorn FSH COMMUNICAnONS LLC Ck 132823 051 0 07 Inv 118798 Line Item Date 05 01 07 Inv 118798 Total Ck 132823 Total fshcorn Line Item Description Payphone Lake Ann Accounts Payable Check Detail Report Detail Printed 051 8 07 08 56 Amount Line Item Account 700 0000 4551 43 91 43 91 Line Item Account 101 1550 4150 35 61 35 61 79 52 79 52 79 52 Line Item Account 101 1220 4360 29 95 29 95 29 95 29 95 29 95 Line Item Account 101 1540 4310 127 80 127 80 127 80 FSH COMMUNICAnONS LLC FSH COMMUNICAnONS LLC 127 80 GERSTNER GREGORY UB 00068 GERSTNER GREGORY Ck 132871 0510 07 Inv Line Item Date 05 09 07 05 09 07 05 09 07 05 09 07 Inv Total Line Item Description Refund check Refund check Refund check Refund check 127 80 Line Item Account 700 0000 2020 700 0000 2020 720 0000 2020 701 0000 2020 2 38 8 70 9 28 16 53 36 89 Page II 360 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Ck 132871 Total Amount 36 89 UB 00068 GERSTNER GREGORY 36 89 GERSTNER GREGORY 36 89 GERTEN GREENHOUSES INC GERTGREE GERTEN GREENHOUSES INC Ck 132875 051 0107 Inv 0510107 Line Item Date Line Item Description 051 0107 Lake Ann Rain Garden Plants Inv 05 10 07 Total Line Item Account 720 0000 4130 8 268 82 8 268 82 Ck 132875 Total 8 268 82 GERTGREE GERTEN GREENHOUSES INC 8 268 82 GERTEN GREENHOUSES INC 8 268 82 GESKE GREGG geskgreg GESKE GREGG Ck 132824 051 0107 Inv 2228 Line Item Date 05107 07 Inv 2228 Total Line Item Description Meat for business meeting Line Item Account 101 1220 4370 33 78 33 78 Ck 132824 Total 33 78 geskgreg GESKE GREGG 33 78 GESKE GREGG 33 78 GOPHER STATE ONE CALL INC GOPSTA GOPHER STATE ONE CALL INC Ck 132892 0517 07 Inv 7040260 Line Item Date Line Item Description 04 30107 April locates Inv 7040260 Total Line Item Account 400 0000 4300 75545 75545 Ck 132892 Total 75545 GOPST A GOPHER STATE ONE CALL INC 755 45 GOPHER STATE ONE CALL INC 755 45 GS DIRECT IN C gsdir GS DIRECT INC Ck 132825 051 0107 Inv 232434 Line Item Date Line Item Description 05104 07 White foamboard Inv 232434 Total Line Item Account 101 1170 4110 245 27 245 27 Ck 132825 Total 245 27 Page 12 361 CITY OF CHANHAS User danielle gsdir GS DIRECT INC GS DIRECT INC GYM WORKS INC gymwor GYM WORKS INC Ck 132893 0517 07 Inv 4858 Line Item Date 0511 07 Inv 4858 Total Line Item Description Equipment repair Ck 132893 Total gymwor GYM WORKS INC GYM WORKS INC Hach Company hach Hach Company Ck 132826 051 0 07 Inv 5031452 Line Item Date Line Item Description 02 09 07 PH tester Inv 5031452 Total Inv 5047073 Line Item Date Line Item Description 02 23 07 Pipet tips ascorbic acid pow Inv 5047073 Total Ck 132826 Total hach Hach Company Hach Company HANSEN THORP PELLINEN OLSON hantho HANSEN THORP PELLINEN OLSON Ck 132894 05 17 07 Inv 16142 Line Item Date 05 07 07 Inv 16142 Total Line Item Description Regional pond Inv 16147 Line Item Date Line Item Description 05 07 07 Goers culvert Inv 16147 Total Ck 132894 Total hantho Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Amount 245 27 245 27 Line Item Account 101 1530 4120 225 00 225 00 225 00 225 00 225 00 Line Item Account 700 7019 4160 5144 5144 Line Item Account 700 7019 4160 336 00 336 00 38744 387 44 387 44 Line Item Account 720 0000 4300 331 00 331 00 Line Item Account 720 0000 4300 176 00 176 00 507 00 HANSEN THORP PELLINEN OLSON HANSEN THORP PELLINEN OLSON 507 00 507 00 Page 13 362 CITY OF CHANHAS User danielle HARDWOOD CREEK LUMBER INC harcre HARDWOOD CREEK LUMBER INC Ck 132895 0517 07 Iny 7274 Line Item Date 05 14 07 Iny 7274 Total Line Item Description Pine lath Ck 132895 Total harcre Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Amount Line Item Account 101 1550 4150 251 34 251 34 25134 HARDWOOD CREEK LUMBER INC 251 34HARDWOODCREEKLUMBERINC HAWKINS CHEMICAL hawche HAWKINS CHEMICAL Ck 132896 0517 07 Iny 1055936 Line Item Date Line Item Description 041 0 07 Pump Iny 1055936 Total Ck 132896 Total hawche HAWKINS CHEMICAL HAWKINS CHEMICAL HD Supply Waterworks LTD hdsup HD Supply Waterworks LTD Ck 132827 051 0 07 InY 5112461 Line Item Date Line Item Description 04 26 07 Top and rod ext kit Iny 5112461 Total Iny 5118357 Line Item Date Line Item Description 04 27 07 Valye stems Iny 5118357 Total InY 5121622 Line Item Date Line Item Description 04 27 07 Hydrant ext Iny 5121622 Total Iny 5129240 Line Item Date Line Item Description 05 0107 Single port wired units Iny 5129240 Total InY 5136514 Line Item Date Line Item Description 05 0107 nut wrenches Iny 5136514 Total Ck 132827 Total 251 34 Line Item Account 700 7019 4530 614 89 614 89 614 89 614 89 614 89 Line Item Account 700 0000 4552 1 269 14 1 269 14 Line Item Account 700 0000 4552 10148 101 48 Line Item Account 700 0000 4552 411 67 411 67 Line Item Account 700 0000 4250 4 703 27 4 703 27 Line Item Account 700 0000 4260 79 69 79 69 6 565 25 Page 14 363 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 hdsup HD Supply Watenvorks L TD Amount 6 565 25 HD Supply Watenvorks L TD 6 565 25 HELMETS R US helrus HELMETS R US Ck 132828 051 0 07 Inv 18956 Line Item Date Line Item Description 04 27 07 Bike helmets Inv 18956 Total Line Item Account 101 1210 3629 451 75 451 75 Ck 132828 Total 451 75 helrus HELMETS R US 451 75 HELMETS R US 451 75 HENNEPIN TECHNICAL COLLEGE hentec HENNEPIN TECHNICAL COLLEGE Ck 132829 05 10 07 Inv 128668 Line Item Date Line Item Description 05 02 07 State fire school Inv 128668 Total Line Item Account 101 1220 4370 396 00 396 00 Ck 132829 Total 396 00 hentec HENNEPIN TECHNICAL COLLEGE 396 00 HENNEPIN TECHNICAL COLLEGE 396 00 HOESE DOUG HoesDoug HOESE DOUG Ck 132897 0517 07 Inv 041507 Line Item Date 051 6107 Inv 041507 Total Line Item Description Mileage reimbursement Line Item Account 101 1250 4370 48 50 48 50 Ck 132897 Total 48 50 HoesDoug HOESE DOUG 48 50 HOESE DOUG 48 50 HOISINGTON KOEGLER GROUP hoikoe HOISINGTON KOEGLER GROUP Ck 132830 051 0 07 Inv 07 22 Line Item Date Line Item Description 04 30 07 New ball field at Rec Center Inv 07 22 Total Line Item Account 410 0000 4300 92746 92746 Ck 132830 Total 92746 hoikoe HOISINGTON KOEGLER GROUP 927 46 Page 15 364 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 HOISINGTON KOEGLER GROUP Amount 927 46 ICMA RETIREMENT AND TRUST 457 ICMART ICMA RETIREMENT AND TRUST 457 Ck 13283 I 05 10 07 Iny Line Item Date 05 07 07 05 07 07 05 07 07 Iny Total Line Item Description PR Batch 411 52007 ICMA PR Batch 411 52007 ICMA PR Batch 411 52007 ICMA Line Item Account 210 0000 2009 720 0000 2009 101 0000 2009 31 25 100 00 1 428 75 1 560 00 Ck 132831 Total 1 560 00 ICMART ICMA RETIREMENT AND TRUST 457 1 560 00 ICMA RETIREMENT AND TRUST 457 1 560 00 JH LARSON COMPANY jhlar JH LARSON COMPANY Ck 132832 05 10 07 InY 4099862 01 Line Item Date 04 27 07 InY 4099862 01 Line Item Description SYL M1500BU Hor Total Line Item Account 101 1550 4120 508 29 508 29 Ck 132832 Total 508 29 jhlar JH LARSON COMPANY 508 29 JH LARSON COMPANY 508 29 KA TH FUEL OIL SERVICE katfue KA TH FUEL OIL SERVICE Ck 132833 051 0107 Iny 87650 Line Item Date Line Item Description 04 25 07 Unleaded fue Iny 87650 Tota Line Item Account 10 1370 4170 19 344 07 9 344 07 Iny 164880 Line Item Date Line Item Description 0424 07 Slime X Iny 164880 Tota Line Item Account 101 1370 4 70 536 62 536 62 Ck 32833 Total 19 880 69 katfue KATH FUEL OIL SERVICE 19 880 69 KA TH FUEL OIL SERVICE 19 880 69 KEOGH JEFF KeogJeff KEOGH JEFF Ck 132898 0517 07 Iny 051607 Line Item Date 051 6 07 Iny 05 607 Tota Line Item Description Lunch meeting reimbursements Line Item Account 101 1250 4370 40 00 40 00 Page 6 365 CITY OF CHANHAS User danielle Ck 132898 Total KeogJ err KEOGH JEFF KEOGH JEFF KLM ENGINEERING INC klmeng KLM ENGINEERING INC Ck 132834 05 10 07 InY 3160 Line Item Date 02 13 07 InY 3160 Total Line Item Description Water tower inspection and rep Ck 132834 Total klmeng KLM ENGINEERING INC KLM ENGINEERING INC Kratz Garrett kratgarr Kratz Garrett Ck 132899 0517 07 InY 4206002407 Line Item Date Line Item Description 0516 07 Spring flag football coach Iny 4206002407 Total Ck 132899 Total kratgarr Kratz Garrett Kratz Garrett LANZI BOB lanzbob LANZI BOB Ck 132835 05 10 07 Iny 4203 Line Item Date 05 07 07 Iny 4203 Total Line Item Description Adult softball umpire Ck 132835 Total lanzbob LANZI BOB LANZI BOB Lenders Appraisal Services Inc lenapp Lenders Appraisal Services Inc Ck 132836 05 10 07 Iny 13094 L Line Item Date Line Item Description 04 23 07 Appraisal Westwood Church road Iny 13094 L Total Ck 132836 Total Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 Amount 40 00 40 00 40 00 Line Item Account 700 0000 4550 2 400 00 2 400 00 2 400 00 2 400 00 2 400 00 Line Item Account 101 1700 4300 175 00 175 00 175 00 175 00 175 00 Line Item Account 101 1766 4300 198 00 198 00 198 00 198 00 198 00 Line Item Account 601 6015 4300 1 500 00 1 500 00 1 500 00 Page 17 366 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 lenapp Lenders Appraisal Services Inc Amount 1 500 00 Lenders Appraisal Services Inc 1 500 00 LeVander Gillen Miller P A leygil LeVander Gillen Miller P A Ck 132900 051 7 07 InY 20795 01000H Line Item Date Line Item Description 041 1 07 Fox assessment appeal InY 20795 01000H Total Line Item Account 70 I 70 18 4302 1 957 50 1 957 50 Ck 132900 Total 1 957 50 leygil LeVander Gillen Miller P A 1 957 50 LeVander Gillen Miller P A 1 957 50 LOTUS LAWN AND GARDEN lotlaw LOTUS LAWN AND GARDEN Ck 132837 0510 07 Iny 2220 Line Item Date 05 05 07 Iny 2220 Total Line Item Description Arbor Day tree sale Line Item Account 720 7202 4130 1 54745 1 54745 Ck 132837 Total 1 54745 lotlaw LOTUS LAWN AND GARDEN 1 547 45 LOTUS LAWN AND GARDEN 1 547 45 MADSEN JOHNSON CORPORA nON madjoh MADSEN JOHNSON CORPORA nON Ck 132901 0517 07 Iny 20 Line Item Date Line Item Description 04 25 07 Chanhassen East Water Treatmen Iny 20 Total Line Item Account 700 7014 4751 4 884 75 4 884 75 Ck 132901 Total 4 884 75 madjoh MADSEN JOHNSON CORPORA nON 4 884 75 MADSEN JOHNSON CORPORA nON 4 884 75 Marshall Wade MarsWade Marshall Wade Ck 132838 0510 07 Iny 2007 00760 Line Item Date Line Item Description 05 04 07 Refund permit fees permit ca 05 04 07 Refund permit fees permit ca Iny 2007 00760 Total Line Item Account 101 0000 2022 101 1250 3301 0 25 2350 23 75 Ck 132838 Total 23 75 Page 18 367 MERLINS ACE HARDWARE merace MERLINS ACE HARDWARE Ck 132839 051 0 07 Inv 9850 Line Item Date 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 Inv 9850 Total CITY OF CHANHAS User danielle MarsWade Marshall Wade Ck 132839 Total merace Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 Marshall Wade Amount 23 75 23 75 Line Item Description Misc charges Misc charges Misc charges Misc charges Misc charges Misc charges Misc charges Misc charges Misc charges Misc charges Line Item Account 101 1220 4350 701 0000 4120 700 0000 4550 700 0000 4120 101 1320 4120 101 1550 4260 700 7019 4120 101 1220 4290 101 1550 4120 101 1550 4150 7 25 12 59 13 14 15 31 31 67 39 89 4752 58 87 153 94 750 68 1 130 86 1 130 86 MERLINS ACE HARDWARE 1 130 86 MERLINS ACE HARDWARE 1 130 86 METRO ATHLETIC SUPPLY metath METRO ATHLETIC SUPPLY Ck 132840 05 10 07 Inv 99207 Line Item Date 04 30 07 Inv 99207 Total Line Item Description Volleyballs hockey pucks bal Line Item Account 101 1530 4130 141 49 141 49 Inv 99365 Line Item Date Line Item Description 05 06 07 Tennis balls Inv 99365 Total Ck 132840 Total metath Line Item Account 101 1700 4120 188 72 188 72 330 21 METRO ATHLETIC SUPPLY 330 21 METRO A THLETIC SUPPLY 330 21 METROCALL metroc METROCALL Ck 132842 05 10 07 Inv Q0315834E Line Item Date Line Item Description 04 16 07 Telephone charges 041 6 07 Telephone charges 04 16 07 Telephone charges 041 6 07 Telephone charges 04 16 07 Telephone charges Inv Q0315834E Total Line Item Account 700 0000 4310 701 0000 4310 101 1320 4310 101 1220 4310 101 1260 4310 240 240 3 74 7 26 23 90 39 70 Page 19 368 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05J8 07 08 56 Ck 132842 Total Amount 39 70 metroc METROCALL 39 70 METROCALL 39 70 METROPOLITAN COUNCIL metco2 METROPOLITAN COUNCIL Account 701 0000 4509 Ck 132902 05 17 07 Inv 846610 Line Item Date Line Item Description 05 03 07 Wastewater service June 2007 Inv 846610 Total Line Item Account 70 1 0000 4509 116 450 37 116 450 37 Ck 132902 Total 116 450 37 metco2 METROPOLITAN COUNCIL 116 450 37 METROPOLITAN COUNCIL 116 450 37 Metropolitan Council Env Svcs metco Metropolitan Council Env Svcs Account 101 1250 3816 Ck 132841 051 0 07 Inv 043007 Line Item Date Line Item Description 04 30 07 April 2007 SAC report 04 30 07 April 2007 SAC report Inv 043007 Total Line Item Account 101 1250 3816 701 0000 2023 3 532 25 353 225 00 349 692 75 Ck 13284 I Total 349 692 75 metco Metropolitan Council Env Svcs 349 692 75 Metropolitan Council Env Svcs 349 692 75 METROPOLITAN FORD metfor METROPOLITAN FORD Ck 132903 05J 7 07 Inv 452858 Line Item Date Line Item Description 04 24 07 Sensor Inv 452858 Total Line Item Account 101 1250 4140 55 38 55 38 Ck 132903 Total 55 38 metfor METROPOLITAN FORD 55 38 METROPOLITAN FORD 55 38 MIDWEST ASPHALT CORPORA nON midasp MIDWEST ASPHALT CORPORATION Ck 132904 0517 07 Inv 85347MB Line Item Date Line Item Description 04 30 07 asphalt Inv 85347MB Total Line Item Account 101 1320 4540 1 08144 1 08144 Page 20 369 CITY OF CHANHAS User danielle Ck 132904 Total midasp Accounts Payable Check Detail Report Detail MIDWEST ASPHALT CORPORATION MIDWEST ASPHALT CORPORATION MINNESOTA FIRE SERVICE CERTIFICATION BOARD MINFIR MINNESOTA FIRE SERVICE CERTIF Ck 132843 05 10 07 Inv 050907 Line Item Date 05 09 07 Inv 050907 Total Ck 132843 Total MINFIR Line Item Description Certification fee E Coppersm MINNESOTA FIRE SERVICE CERTIF MINNESOTA FIRE SERVICE CERTIFICATION BOARD MN CHILD SUPPORT PAYMENT CTR MNCHlL MN CHILD SUPPORT PAYMENT CTR Ck 132844 051 0 07 Inv Line Item Date 05 07 07 05 07 07 Inv Total Ck 132844 Total MNCHlL Line Item Description PR Batch 411 5 2007 Gamishmen PR Batch 411 5 2007 Gamishmen MN CHILD SUPPORT PAYMENT CTR MN CHILD SUPPORT PAYMENT CTR MN DEPT OF HEALTH mnheal MN DEPT OF HEALTH Account 700 0000 4509 Ck 132845 05 10 07 Inv 043007 Line Item Date 05 09 07 Inv 043007 Total Ck 132845 Total mnheal MN DEPT OF HEALTH Line Item Description License renewal Monnens MN DEPT OF HEALTH MN DEPT OF LABOR AND INDUSTRY mnlabo MN DEPT OF LABOR AND INDUSTRY Ck 132846 051 0 07 Inv 1777141335 Line Item Date Line Item Description 04 30 07 Building permit surcharge repo 04 30 07 Building permit surcharge repo Inv 1777141335 Total Printed 05 18 07 08 56 Amount 1 08144 1 081 44 1 081 44 Line Item Account 101 1220 4370 25 00 25 00 25 00 25 00 25 00 Line Item Account 701 0000 2006 700 0000 2006 1744 400 18 417 62 41762 417 62 417 62 Line Item Account 700 0000 4440 23 00 23 00 23 00 23 00 23 00 Line Item Account 101 1250 3818 10 1 0000 2022 110 75 5 537 57 5 426 82 Page 21 370 CITY OF CHANHAS User danielle Ck 132846 Total mnlabo Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Amount 5426 82 MN DEPT OF LABOR AND INDUSTRY MN DEPT OF LABOR AND INDUSTRY 5 426 82 MN NCPERS LIFE INSURANCE NCPERS MN NCPERS LIFE INSURANCE Ck 132851 051 0 07 Iny Line Item Date 05 07 07 05 07 07 05 07 07 Iny Total Ck 132851 Total NCPERS Line Item Description PR Batch 411 52007 NCPERS lif PR Batch 411 52007 NCPERS Iif PR Batch 411 52007 NCPERS lif 5 426 82 Line Item Account 701 0000 201 I 700 0000 2011 101 0000 2011 1 60 1 61 28 79 32 00 32 00 MN NCPERS LIFE INSURANCE MN NCPERS LIFE INSURANCE 32 00 MN RECREATION PARK ASSOC MRPA MN RECREATION PARK ASSOC Ck 132905 0517 07 Iny 4203 Line Item Date 0516 07 InY 4203 Total InY 5121 Line Item Date 051 0 07 InY 5121 Total Ck 132905 Total MRPA Line Item Description Adult softball sanctioning Line Item Description Job posting rec supervisor 32 00 Line Item Account 101 1766 4300 777 00 777 00 Line Item Account 101 1520 4340 100 00 100 00 877 00 MN RECREATION PARK ASSOC MN RECREATION PARK ASSOC 877 00 MN VALLEY ELECTRIC COOP mvec MN VALLEY ELECTRIC COOP Ck 132849 05 10 07 Inv 042707 Line Item Date 04 27 07 04 27 07 04 27 07 04 27 07 Iny 042707 Total Ck 132849 Total mvec Line Item Description Electricity charges Electricity charges Electricity charges Electricity charges 877 00 Line Item Account 10 1 1600 4320 700 0000 4320 701 0000 4320 101 1350 4320 18 74 28 23 271 52 2 842 71 3 16120 3 161 20 MN VALLEY ELECTRIC COOP MN VALLEY ELECTRIC COOP 3 161 20 3 161 20 Page 22 371 CITY OF CHANHAS User danielle MSRS MSRS MSRS Ck 132847 Inv Line Item Date 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 05 07 07 Inv Total Ck 132847 Total MSRS MSRS 05 10 07 Line Item Description PR Batch 411 5 2007 Post Hea1t PR Batch 411 5 2007 Post Hea1t PR Batch 411 5 2007 Post Hea1t PR Batch 411 5 2007 Post Healt PR Batch 411 5 2007 Post Healt PR Batch 411 5 2007 Post Hea1t PR Batch 411 5 2007 Post Healt PR Batch 411 5 2007 Post Healt PR Batch 411 5 2007 Post Healt PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Post Healt PR Batch 411 5 2007 Post Healt PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Ret Health PR Batch 411 52007 Post Healt PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Post Healt PR Batch 411 52007 Post Healt PR Batch 411 52007 Ret Health PR Batch 411 5 2007 Post Healt PR Batch 411 5 2007 Ret Health PR Batch 411 52007 Post Healt PR Batch 411 5 2007 Post Healt PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Post Healt PR Batch 411 52007 Ret Health PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Ret Health PR Batch 411 52007 Ret Health PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Ret Health PR Batch 411 5 2007 Ret Health MSRS MTI DISTRIBUTING INC mtidis MTI DISTRIBUTING INC Ck 132848 05 10 07 Inv 567368 Line Item Date 05 01 07 Inv 567368 Total Inv 567420 Line Item Date 05 0107 Line Item Description Tube assembly Line Item Description Pulley idler Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Amount Line Item Account 210 0000 2016 701 0000 2016 700 0000 2016 700 0000 2016 701 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 701 0000 2016 700 0000 2016 10 1 0000 20 16 720 0000 2016 700 0000 2016 10 1 0000 20 16 210 0000 2016 101 0000 2016 720 0000 2016 101 0000 2016 101 0000 2016 701 0000 2016 101 0000 2016 701 0000 2016 700 0000 2016 101 0000 2016 700 0000 2016 101 0000 2016 101 0000 2016 101 0000 2016 10 1 0000 20 16 101 0000 2016 0 21 0 27 0 28 0 50 0 51 0 90 1 46 1 94 2 70 2 72 3 62 3 65 4 11 448 6 67 6 68 11 27 1173 1247 1745 19 12 19 80 25 29 26 80 27 15 34 99 42 76 54 05 58 82 154 90 162 59 228 03 258 79 350 37 354 90 58117 2 493 15 2493 15 2 493 15 2 493 15 Line Item Account 101 1550 4120 8240 8240 Line Item Account 101 1550 4120 4140 Page 23 372 NATIONWIDE RETIREMENT SOLUTION NA TRET NATIONWIDE RETIREMENT SOLUTION Ck 132850 05 10 07 Iny Line Item Date 05 07 07 05 07 07 05 07 07 05 07 07 Iny Total CITY OF CHANHAS User danielle Iny 567420 Total Ck 132848 Total mtidis MTI DISTRIBUTING INC Ck 132850 Total NATRET Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Amount 4140 123 80 MTI DISTRIBUTING INC 123 80 123 80 Line Item Description PR Batch 411 52007 Nationwide PR Batch 411 52007 Nationwide PR Batch 411 52007 Nationwide PR Batch 411 52007 Nationwide Line Item Account 720 0000 2009 701 0000 2009 700 0000 2009 101 0000 2009 50 00 195 37 476 62 4 880 10 5 602 09 5 602 09 NATIONWIDE RETIREMENT SOLUTION 5 602 09 NATIONWIDE RETIREMENT SOLUTION 5 602 09 O REILLY AUTOMOTIVE INC oreaut O REILLY AUTOMOTIVE INC Ck 132906 05 17 07 Iny 043007 Line Item Date 04 28 07 04 28 07 04 28 07 04 28 07 04 28 07 04 28 07 04 28 07 04 28 07 04 28 07 04 28 07 04 28 07 Iny 043007 Total Ck 132906 Total oreaut Line Item Description April charges April charges April charges April charges April charges April charges April charges April charges April charges April charges April charges Line Item Account 10 1 1320 4140 101 1220 4140 101 1370 4150 101 1550 4120 700 0000 4530 101 1320 4120 101 1370 4260 101 1170 4530 10 1 1250 4140 101 1550 4140 700 0000 4140 11 10 1342 13 82 24 83 26 60 35 92 37 23 61 77 72 17 96 25 262 87 633 78 633 78 O REILLY AUTOMOTIVE INC 633 78 O REILLY AUTOMOTIVE INC 633 78 OEHME PAUL oehmpaul OEHME PAUL Ck 132852 05 10 07 InY 042107 Line Item Date 04 21 07 InY 042107 Total Ck 132852 Total Line Item Description Mileage reimbursements Line Item Account 10 1 131 0 4370 47 05 47 05 47 05 Page 24 373 CITY OF CHANHAS User danielle oehmpaul OEHME PAUL OEHME PAUL PINK RAY pinkray PINK RAY Ck 132853 051 0 07 Inv 050907 Line Item Date 05 09 07 Inv 050907 Total Line Item Description Rototilling community gardens Ck 132853 Total pinkray PINK RAY PINK RAY PIONEER RIM WHEEL CO piorim PIONEER RIM WHEEL CO Ck 132854 0510 07 Inv 1 824584 Line Item Date Line Item Description 04 27 07 Electric Br Inv 1 824584 Total Ck 132854 Total piorim Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 Amount 47 05 47 05 Line Item Account 720 7202 4300 450 00 450 00 450 00 450 00 450 00 Line Item Account 101 1320 4120 25549 25549 25549 PIONEER RIM WHEEL CO PIONEER RIM WHEEL CO 255 49 POSTMASTER post POSTMASTER Ck 132926 051 8 07 Inv 051807 Line Item Date 05 18 07 Inv 051807 Total Line Item Description Postage Drinking water report Ck 132926 Total post POSTMASTER POSTMASTER POWER SYSTEMS POWCHA POWER SYSTEMS Ck 132855 051 0 07 Inv 1 88222 0 Line Item Date Line Item Description 04 20 07 Hoses Inv 1 88222 0 Total Inv 1 89260 0 Line Item Date 04 25 07 Line Item Description Adaptors 255 49 Line Item Account 700 0000 4330 1 468 92 1 468 92 1 468 92 1 468 92 1 468 92 Line Item Account 101 1320 4140 59 64 59 64 Line Item Account 101 1220 4120 23 88 Page 25 374 CITY OF CHANHAS User danielIe Jnv J 89260 0 Total Ck 132855 Total POWCHA POWER SYSTEMS POWER SYSTEMS PRAIRIE LAWN GARDEN pralaw PRAIRIE LAWN GARDEN Ck 132856 05 10 07 Jnv 110889 Line Item Date 04 23 07 Jnv I 10889 Total Ck 132856 Total pralaw Line Item Description Kit housing insert Accounts Payable Check Detail Report Detail Printed 051 8 07 08 56 Amount 23 88 83 52 83 52 83 52 Line Item Account 101 1550 4120 2459 24 59 24 59 PRAJRIE LAWN GARDEN PRAIRIE LAWN GARDEN 24 59 PRAIRIE RESTORA nONS INC prares PRAIRIE REST ORA nONS INC Ck 132907 05 17 07 Inv 103570 Line Item Date 05 07 07 Jnv 103570 Total Jnv 103583 Line Item Date 05 07 07 Jnv 103583 Total Ck 132907 Total prares Line Item Description Bluff Creek spring controlled Line Item Description Lk Susan spring dormant mow 24 59 Line Item Account 720 7202 4300 1 013 18 1 013 18 Line Item Account 720 0000 4300 159 98 159 98 1 173 16 PRAIRIE RESTORA nONS INC PRAIRIE RESTORA nONS INC 1 173 16 PRO TURF prturf PRO TURF Ck 132857 05 10 07 Jnv 191964 Line Item Date 04 21 07 Jnv 191964 Total Jnv 191965 Line Item Date 04 21 07 Jnv 191965 Total Inv 191966 Line Item Date 04 21 07 Line Item Description Lawn care city early spring Line Item Description Lawn care library Line Item Description Lawn care fire station 1 173 16 Line Item Account 101 1550 4300 1 300 06 1 300 06 Line Item Account 101 1550 4300 160 00 160 00 Line Item Account 101 1550 4300 11945 Page 26 375 CITY OF CHANHAS User danielle Iny 191966 Total InY 191967 Line Item Date 04 21107 Iny 191967 Total Ck 132857 Total prturf PRO TURF Line Item Description Lawn care cemetary PRO TURF PUMP AND METER SERVICES INC pummet PUMP AND METER SERVICES INC Ck 132858 0510 07 Iny 249328 Line Item Date Line Item Description 04 26 07 Driye screws Iny 249328 Total Ck 132858 Total pummet Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Amount 11945 Line Item Account 101 1550 4300 245 00 245 00 1 824 51 1 824 51 1 824 51 Line Item Account 101 1370 4150 4 68 4 68 4 68 PUMP AND METER SERVICES INC PUMP AND METER SERVICES INC 4 68 QWEST qwest QWEST Ck 132859 Iny 043007 Line Item Date 04 30 07 04 30 07 Iny 043007 Total Ck 132859 Total qwest QWEST 051 0 07 Line Item Description Telephone charges Telephone charges QWEST RBM SERVICES INC rbmser RBM SERVICES INC Ck 132860 051 0 07 Iny 12085 Line Item Date 04 30 07 Iny 12085 Total Iny 12086 Line Item Date 04 30 07 Iny 12086 Total Iny 12087 Line Item Date 04 30 07 Line Item Description nightly janitorial city hall Line Item Description nightly janitorial library Line Item Description shampoo public safety area 4 68 Line Item Account 700 0000 4310 701 0000 4310 34 21 34 21 6842 6842 68 42 6842 Line Item Account 101 1170 4350 2 316 38 2 316 38 Line Item Account 101 1190 4350 2 337 68 2 337 68 Line Item Account 101 1170 4350 49748 Page 27 376 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Iny 12087 Total Amount 49748 Ck 132860 Total 5 151 54 rbmser RBM SERVICES INC 5 151 54 RBM SERVICES INC 5 151 54 RESOURCE RECOVERY TECHNOLOGIES RESREC RESOURCE RECOVERY TECHNOLOGIES Ck 132861 05 10 07 InY 59954 Line Item Date 04 30 07 Iny 59954 Total Line Item Description Buckthorn hauling Line Item Account 720 7202 4300 132 00 132 00 Ck 132861 Total 132 00 RESREC RESOURCE RECOVERY TECHNOLOGIES 132 00 RESOURCE RECOVERY TECHNOLOGIES 132 00 RIDGEDALE YMCA ridymc RIDGEDALE YMCA Ck 132862 051 0 07 Iny 2072 102 Line Item Date Line Item Description 05 04 07 Preschool indoor soccer Iny 2072 102 Total Line Item Account 101 1710 4300 1 57040 1 57040 Ck 132862 Total 1 57040 ridymc RIDGEDALE YMCA 1 570 40 RIDGEDALE YMCA 1 570 40 Riese Family Properties LLC RIESFRED Riese Family Properties LLC Ck 132863 051 0 07 Iny goddard Line Item Date Line Item Description 05 08 07 Release of remaining security Iny goddard Total Line Item Account 815 8221 2024 250 00 250 00 Ck 132863 Total 250 00 RIESFRED Riese Family Properties LLC 250 00 Riese Family Properties LLC 250 00 Risch Tina RiscTina Risch Tina Ck 132864 05 10 07 Iny 2000668 002 Line Item Date Line Item Description 05 04 07 Refund tennis lessons Iny 2000668 002 Total Line Item Account 101 1730 3636 128 00 128 00 Page 28 377 CITY OF CHANHA8 User danielle Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Ck 132864 Total Amount 128 00 RiscTina Risch Tina 128 00 Risch Tina 128 00 RUEGEMER JERRY ruegjerr RUEGEMER JERRY Ck 132908 0517 07 Iny 4203 Line Item Date 0516 07 Iny 4203 Total Line Item Description Lk Ann concession start up mon Line Item Account 101 0000 1027 100 00 100 00 Ck 132908 Total 100 00 ruegjerr RUEGEMER JERRY 100 00 RUEGEMER JERRY 100 00 SAVOIE SUPPLY CO INC saysup SA VOlE SUPPLY CO INC Ck 132865 05 10 07 InY 82158269 001 Line Item Date 05 03 07 InY 82158269 001 Line Item Description Cleaning supplies Total Line Item Account 101 1370 4150 72 59 72 59 Ck 132865 Total 7259 saysup SAVOIE SUPPLY CO INC 72 59 SA VOlE SUPPLY CO INC 72 59 SCHARBER SONS INC schson SCHARBER SONS INC Ck 132909 0517 07 Iny 375854 Line Item Date 05 02 07 InY 375854 Total Line Item Description Plug Line Item Account 10 1 1550 4120 42 60 42 60 Ck 132909 Total 42 60 schson SCHARBER SONS INC 42 60 SCHARBER SONS INC 42 60 SHOREWOOD TRUE VALUE shotru SHOREWOOD TRUE VALUE Ck 132910 0517 07 Iny 77567 Line Item Date Line Item Description 0416 07 hardware Iny 77567 Total Line Item Account 101 1170 4530 145 145 Page 29 378 CITY OF CHANHAS User danielle Inv 77922 Line Item Date Line Item Description 05 04 07 hardware Inv 77922 Total Ck 132910 Total Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 Amount Line Item Account 101 1 170 4530 2541 2541 26 86 SHOREWOOD TRUE VALUE 26 86 shotru SHOREWOOD TRUE VALUE SIGNS N SUCH signsu SIGNS N SUCH Ck 132911 0517 07 Inv 051407 Line Item Date 051 4 07 Inv 051407 Total Line Item Description nameplate Krista Torgerson Ck 132911 Total signsu SIGNS N SUCH SIGNS N SUCH SKYWAY EVENT SERVICES skyeve SKYWAY EVENT SERVICES Ck 132912 0517 07 Inv 6166 Line Item Date 051 5 07 Inv 6166 Total Line Item Description 50 deposit 4th ofjuly tent r Ck 132912 Total sky eve SKYWAY EVENT SERVICES SKYWAY EVENT SERVICES SM HENTGES SONS smhen SM HENTGES SONS Ck 132913 051 7 07 Inv 7 Line Item Date 05 02 07 Inv 7 Total Line Item Description South of Lyman Blvd East of A Ck 132913 Total smhen SM HENTGES SONS SM HENTGES SONS 26 86 Line Item Account 101 1170 4300 18 00 18 00 18 00 18 00 18 00 Line Item Account 101 1613 4410 6 265 68 6 265 68 6 265 68 6 265 68 6 265 68 Line Item Account 602 6014 4751 182 91540 182 91540 182 91540 182 915 40 182 915 40 Page 30 379 CITY OF CHANHAS User danielle SOUTHWEST SUBURBAN PUBLISHING sousub SOUTHWEST SUBURBAN PUBLISHING Ck 132866 05 10 07 Inv 043007 Line Item Date 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 04 30 07 Inv 043007 Total Ck 132866 Total sousub Line Item Description April legals and display ads April legals and display ads April legals and display ads April legals and display ads April legals and display ads April legals and display ads April legals and display ads April legals and display ads April legals and display ads April legals and display ads Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Amount Line Item Account 101 1310 4340 720 0000 4340 101 1510 4340 601 6017 4340 101 1410 4340 601 6015 4340 700 0000 4340 101 1110 4340 720 7202 4340 720 7201 4340 2545 67 80 135 60 149 04 187 28 261 72 271 20 603 09 711 90 791 00 3 204 08 3 204 08 SOUTHWEST SUBURBAN PUBLISHING SOUTHWEST SUBURBAN PUBLISHING 3 204 08 SPARTAN MOTOR CHASSIS INC SPAMOT SPARTAN MOTOR CHASSIS INC Ck 132867 051 0 07 Inv IN00302158 Line Item Date Line Item Description 04 25 07 Regulator lnv IN00302158 Total Ck 132867 Total SPAMOT 3 204 08 Line Item Account 101 1220 4140 26 29 26 29 26 29 SPARTAN MOTOR CHASSIS INC SPARTAN MOTOR CHASSIS INC 26 29 SPS COMPANIES INC spscom SPS COMPANIES INC Ck 132868 051 0 07 lnv S 1642923 001 Line Item Date Line Item Description 05 0 I 07 Couplings nipples lnv S1642923 001 Total Ck 132868 Total spscom SPS COMPANIES INC SPS COMPANIES INC SRF CONSULTING GROUP INC srfcon SRF CONSULTING GROUP INC Ck 132914 05 17 07 lnv 5978 4 Line Item Date 04 30 07 Inv 5978 4 Total Line Item Description chanhassen retail commercial I 26 29 Line Item Account 101 1190 4530 70 70 70 70 70 70 70 70 70 70 Line Item Account 101 1421 4300 7 046 55 7 046 55 Page 31 380 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 Ck 132914 Total Amount 7 04655 srfcon SRF CONSULTING GROUP INC 7 046 55 SRF CONSULTING GROUP INC 7 046 55 STREICHER S streic STREICHER S Ck 132869 051 0 07 Inv 1431701 Line Item Date Line Item Description 05 0107 Tie bar shirt flag patch Inv 143170 I Total Line Item Account 10 I 1260 4240 47 62 47 62 Ck 132869 Total 47 62 streic STREICHER S 47 62 STREICHER S 47 62 TECHNAGRAPHICS tecgra TECHNAGRAPHICS Ck 132870 051 0 07 Inv 401401 I Line Item Date 05 0 I 07 Inv 4014011 Line Item Description Rec Center passes Total Line Item Account 101 1170 4110 143 78 143 78 Inv 4018011 Line Item Date Line Item Description 05 02 07 Door hangers Inv 401801 I Total Line Item Account 700 0000 4340 221 55 221 55 Ck 132870 Total 365 33 tecgra TECHNAGRAPHICS 365 33 TECHNAGRAPHICS 365 33 TERMINIX termin TERMINIX Ck 132915 0517 07 Inv 268766839 Line Item Date Line Item Description 05 02 07 Pest control Inv 268766839 Total Line Item Account 01 1220 4300 186 38 186 38 Ck 132915 Total 186 38 termin TERMINIX 186 38 TERMINIX 186 38 Page 32 381 CITY OF CHANHAS User danielIe TRUE RIDE INC trurid TRUE RIDE INC Ck 132916 0517 07 Inv 22717KB Line Item Date Line Item Description 0412 07 Skatelite pro screws Inv 22717KB Total Ck 132916 Total trurid TRUE RIDE INC TRUE RIDE INC UNITED WAY UNIWA Y UNITED WAY Ck 132872 0510 07 Inv Line Item Date 05 07 07 Inv Total Line Item Description PR Batch 411 52007 United Way Ck 132872 Total UNIWA Y UNITED WAY UNITED WAY VALENTINE MARY Valemary VALENTINE MARY Ck 132917 0517 07 Inv 051607 Line Item Date Line Item Description 0516 07 Reimburse dead tree on sidewal Inv 051607 Total Ck 132917 Total Valemary VALENTINE MARY VALENTINE MARY VERIZON WIRELESS verizo VERIZON WIRELESS Ck 132918 05 17 07 Inv 1705426943 Line Item Date Line Item Description 04 04 07 Telephone charges Inv 1705426943 Total Ck 132918 Total verizo VERIZON WIRELESS VERIZON WIRELESS Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Amount Line Item Account 101 1550 4530 3481 64 3 481 64 3 481 64 3 481 64 3 481 64 Line Item Account 10 1 0000 2006 42 00 42 00 42 00 42 00 42 00 Line Item Account 410 0000 470 I 243 89 243 89 243 89 243 89 243 89 Line Item Account 101 1220 4310 27 96 27 96 27 96 27 96 27 96 Page 33 382 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 Amount Visu Sewer Clean Seal Ine vissew Visu Sewer Clean Seal Ine Ck 132919 05117 07 Inv 3 Line Item Date 04 24 07 Inv 3 Total Line Item Description Professional services contract Line Item Account 701 7013 4751 16 704 55 16 704 55 Inv 4 Line Item Date 04 24 07 Inv 4 Total Line Item Description Professional services contract Line Item Account 701 7013 4751 69 787 81 69 787 81 Ck 132919 Total 86 492 36 vissew Visu Sewer Clean Seal Ine 86 492 36 Visu Sewer Clean Seal Ine 86 492 36 WASTE MANAGEMENT TC WEST WASMA2 WASTE MANAGEMENT TC WEST Ck 132873 05110 07 rnv 1609067 1593 5 Line Item Date Line Item Description 05 0 I 07 Garbage services 05 0 I 07 Garbage services 05 01 07 Garbage services 05 0107 Garbage services 05 0107 Garbage services Inv 1609067 1593 5 Total Line Item Account 101 1190 4350 101 1220 4350 101 1370 4350 101 1170 4350 101 1550 4350 67 97 87 59 147 38 173 01 475 06 951 01 Ck 132873 Total 951 01 WASMA2 WASTE MANAGEMENT TC WEST 951 01 WASTE MANAGEMENT TC WEST 951 01 Waterous Arizona Operations wateo2 Waterous Arizona Operations Ck 132874 0511 0 07 Jnv 53254 Line Item Date 04 25 07 Inv 53254 Total Line Item Description Hose kit valves regulator Line Item Account 400 4135 4704 351 95 351 95 Ck 132874 Total 351 95 wateo2 Waterous Arizona Operations 351 95 Waterous Arizona Operations 351 95 WENCK ASSOCIATES INC wenck WENCK ASSOCIATES INC Ck 132920 0511 7 07 Jnv 701238 Line Item Date 04 30 07 Inv 701238 Total Line Item Description Nondegradation assessment Line Item Account 720 0000 4300 6 204 17 6 204 17 Page 34 383 CITY OF CHANHAS User danielIe Ck 132920 Total wenck WENCK ASSOCIATES INC WENCK ASSOCIATES INC WS DARLEY CO wsdar WS DARLEY CO Ck 132921 05 17 07 Inv 749435 Line Item Date 05 0107 Inv 749435 Total Line Item Description Strap hydrant and pouch Ck 132921 Total wsdar WS DARLEY CO WS DARLEY CO WW GRAINGER INC wwgra WW GRAINGER INC Ck 132922 0517 07 Inv 9356179789 Line Item Date Line Item Description 05 02 07 Sprayer Inv 9356179789 Total Ck 132922 Total wwgra WW GRAINGER INC WW GRAINGER INC XCEL ENERGY INC xcel XCEL ENERGY INC Ck 132923 0517 07 Inv 110725626 Line Item Date Line Item Description 04 09 07 Electricity charges Inv 110725626 Total Ck 132923 Total xcel XCEL ENERGY INC XCEL ENERGY INC ZACK S INC zacks ZACK S INC Ck 132924 05 17 07 Inv 22812 Line Item Date 05 01 07 05 0107 Inv 22812 Total Line Item Description Brooms shovel rake Brooms shovel rake Accounts Payable Check Detail Report Detail Printed 0518 07 08 56 Amount 6 204 17 6 204 17 6 204 17 Line Item Account 101 1220 4260 62 50 62 50 6250 62 50 62 50 Line Item Account 101 1320 4260 30139 30139 30139 301 39 301 39 Line Item Account 700 0000 4320 142 94 142 94 142 94 142 94 142 94 Line Item Account 101 1370 4150 101 1320 4260 509 02 595 04 1 104 06 Page 35 384 CITY OF CHANHAS User danielle Ck 132924 Total zacks ZACK S INC ZACK S INC ZEP MANUFACTURING COMPANY zepman ZEP MANUFACTURING COMPANY Ck 132925 051 7 07 Inv 57244752 Line Item Date Line Item Description 041 3 07 Weed defeat Inv 57244752 Total Ck 132925 Total Accounts Payable Check Detail Report Detail Printed 05 18 07 08 56 Amount 1 104 06 1 104 06 1 104 06 Line Item Account 10 1 1320 4120 203 56 203 56 20356 ZEP MANUFACTURING COMPANY 203 56 zepman ZEP MANUFACTURING COMPANY Total 203 56 934 459 65 Page 36 385 AGENDA ECONOMIC DEVELOPMENT AUTHORITY TUESDAY, MAY 29, 2007 IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD 1. Release from Contract for Private Redevelopment and Assessment Agreement, Chanhassen Country Inn & Suites. 2. Approval of Minutes dated April 10, 2006. 386 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 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us 1 TO Todd Gerhardt City Manager Laurie Hokkanen Assistant City Manager JJt May 23 2007 FROM DATE RE Release of land from contract for private redevelopment between the City of Chanhassen and the Chanhassen County Inn Suites BACKGROUND The current owner for the Country Inn Suites has requested that the City grant a release of land from their contracts for private redevelopment for their project The Country Inn Suites is being sold to the Sand Companies The Downtown TIF District was decertified in 2004 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 RECOMMENDATION Staff recommends that the Economic Development Authority approve the attached Release of Land from Contracts for Private Redevelopment and Assessment Agreement Approval of this item requires a majority vote of the EDA The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play G Admin LHTIF Country Suites Staff Report doc 387 RELEASE OF LAND FROM CONTRACT FOR PRIVATE REDEVELOPMENT ASSESSMENT AGREEMENT AND SUBORDINATION AGREEMENT 2007Date KNOW ALL BY THESE PRESENTS that the real property in Carver County Minnesota legally described as follows Lot 2 Block 1 Bloomberg 2nd Addition 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 Chanhassen Housing and Redevelopment Authority a public body corporate and politic nlkla the Chanhassen Economic Development Authority a public body corporate and politic and National Lodging Companies Inc a Minnesota corporation dated June 2 1995 and recorded June 6 1995 in the Office of the Carver County Recorder as Document No 180977 and 2 That certain Assessment Agreement and Assessor s Certification by and between the Chanhassen Housing and Redevelopment Authority a public body corporate and politic 131816vOl SRN 05118 2007 1 388 nlkla the Chanhassen Economic Development Authority a public body corporate and politic and National Lodging Companies Inc a Minnesota corporation dated June 2 1995 and recorded June 5 1995 in the Office of the Carver County Recorder as Document No 180908 and 3 That certain Subordination Agreement by and between the Chanhassen Economic Development Authority a public body corporate and politic and National Lodging Companies Inc a Minnesota corporation dated July 29 1997 and recorded August 8 1997 in the Office of the Carver County Recorder as Document No 214308 CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY By Its By Its 131816vOl SRN 05118 2007 2 389 ST ATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of May 2007 by and the and of the Chanhassen Economic Development Authority a public body corporate and politic on its behalf Notary Public THIS INSTRUMENT WAS DRAFfED BY CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve Suite 317 Eagan Minnesota 55121 Telephone 651 452 5000 SRN ms 131816vOl SRN 0518 2007 3 390 CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY SPECIAL MEETING APRIL 10, 2006 Chairman Furlong called the meeting to order at 6:50 p.m.. MEMBERS PRESENT: Tom Furlong, Brian Lundquist and Steve Labatt MEMBERS ABSENT: Bethany Tjornhom and Craig Peterson STAFF PRESENT: Todd Gerhardt, Justin Miller and Kate Aanenson REVIEW OF SAND COMPANIES HOUSING DISTRICT TIF PLANS/DEVELOPMENT AGREEMENT. Justin Miller presented the staff report on this item. C Lundquist asked for an explanation of why the Sand Companies keep increasing their requests and if the City can be hurt or affected if the project does not proceed. C Furlong asked Ehlers and Associates for feedback on their dealings with the Sand Companies. Jessica Cook stated Sand Companies is a very reputable firm with a 10 year long track record of doing similar projects with no negative concerns. C Furlong asked for clarification if the project could proceed without TIF assistance. Justin Miller stated that the EDA is approving the TIF plan and Development Contract and the City Council will be approving just the TIF plan. ommissioner ommissioner ommissioner Resolution #2006-02: Furlong moved, Lundquist seconded that the Chanhassen Economic Development Authority adopt the attached resolution approving the Tax Increment Financing plan for TIF District #9 and the Contract for Private Development with Chanhassen Gateway Place, LLC. All voted in favor and the motion carried unanimously with a vote of 3 to 0. APPROVAL OF MINUTES: Lundquist moved, Labatt seconded to approve the Minutes of the Economic Development Authority meeting dated January 23, 2006 as presented. All voted in favor and the motion carried unanimously with a vote of 3 to 0. Lundquist moved, Labatt seconded to adjourn the meeting. All voted in favor and the motion carried with a vote of 3 to 0. The EDA meeting was adjourned at 7:00 p.m.. Submitted by Todd Gerhardt Executive Director Prepared by Nann Opheim 391