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CC Packet 2007 08 27AGENDA CHANHASSEN CITY COUNCIL MONDAY, AUGUST 27, 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. ITEM DELETED (Review Concept Plan for City-Owned Property at Highway 5 & West 79th Street.) B. Provide Facility Needs Analysis for Parks Including Land Acquisition. C. 2008 Budget and Tax Levy Discussion 7:00 P.M. – REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (Pledge of Allegiance) PUBLIC ANNOUNCEMENTS D. Invitation to Dave Huffman 5K Race. 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 August 13, 2007 - City Council Summary Minutes dated August 13, 2007 - City Council Verbatim Minutes dated August 13, 2007 Receive Commission Minutes: - Planning Commission Summary Minutes dated August 7, 2007. - Planning Commission Verbatim Minutes dated August 7, 2007. - Park & Recreation Commission Summary Minutes dated July 24, 2007 - Park & Recreation Commission Verbatim Minutes dated July 24, 2007 b. Lift Station No. 3 Modifications Project 07-03: Approve Construction Bid, Award Construction Contract, and Approve Electrical Control Panel Quote. 1 c. ITEM DELETED (Preserve 2nd Additio, Project 07-11: Approve Changes to Grading Plan.) d. Approve Signal Agreement with Carver County for Audubon Road/Bluff Creek Boulevard, Project 06-05. e. Approve Street Name Change of a Portion of Great Plains to Paradise Lane, Project 04-06. VISITOR PRESENTATIONS LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE 2. a. Sgt. Peter Anderley, Carver County Sheriff’s Department b. Chief Gregg Geske, Chanhassen Fire Department PUBLIC HEARINGS 3. Consider Appeals of Wetland Exemption Determinations, Located at the Southwest Corner of Lyman Boulevard and Powers Boulevard, Jeff Fox and Richard Dorsey. UNFINISHED BUSINESS - None NEW BUSINESS - None COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET ADJOURNMENT A copy of the staff report and supporting documentation being sent to the city council will be available after 2:00 p.m. on Thursday. Please contact city hall at 952-227-1100 to verify that your item has not been deleted from the agenda any time after 2:00 p.m. on Thursday. GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. 1. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City 2 Council. 2. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. 4. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. 5. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Houlihan’s Restaurant & Bar, 530 Pond Promenade in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. 3 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 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 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 B MEMORANDUM TO Todd Gerhardt City Manager FROM Todd Hoffman Park Recreation Commission DATE August 27 2007 SUBJ Facility Needs Analysis for Parks Including Land Acquisition The Park and Recreation Department is currently engaged in the process of updating the park and recreation section of the city s comprehensive plan We are working closely with the Community Development Department on this initiative in addition to calling upon the services of the Hoisington Koegler Group one of the city s long time park planning consultants The initial findings of this work confirm what we know already and point to some very specific future needs in the area of park acquisition Chanhassen s park and recreation system is a source of community identity and pride and greatly contributes to resident s quality of life The City has historically placed a strong emphasis on parks and recreation In the 2007 Citizen Survey recreational opportunities were one of the three highest rated characteristics of Chanhassen System History The City s park and recreation system is the result of almost 40 years of planning and city and citizen commitment In addition to adding parks and trails to the system in conjunction with development the community has supported major initiatives for park improvements throughout the years Key dates 1969 The voters pass the city s first bond referendum for parks resulting in the acquisition of Lake Ann Park the beginning of the neighborhood park system of tot lots and ball fields and preserving much of the community character that residents still enjoy today 1988 The voters pass a bond referendum for phase two of Lake Ann Park and the purchase of park lands in the southern half of the City 1996 The voters pass a bond referendum for the acquisition and improvement of the park system resulting in improvements in 18 parks system wide the construction of Bandimere Community Park the reconstruction of City Center Park preservation of over 40 acres of open space and 7 miles of new community trails 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 play4 Mr Todd Gerhardt August 27 2007 Page 2 Existing Park and Recreation System Today Chanhassen s park and recreation needs are met by a combination of city parks school district facilities and private facilities recreation programs sponsored by numerous agencies city trails and sidewalks regional parks as well as private golf courses see existing facilities map Existing City Parks Existing parks fall into four classifications neighborhood parks community parks special use parks and preserves Community Parks Chanhassen currently has 5 community parks Bandimere Park in the southern part ofthe City City Center Park adjacent to City Hall Chanhassen Recreation CenterBluff Creek Elementary School in the central part of the City all have an emphasis on active recreation with soccer and ball fields as well as play areas and picnicking Lake Susan Park and Lake Ann Park also have an emphasis on active recreation as well as public lake access These facilities total 229 acres Neighborhood Parks There are currently 23 neighborhood parks totaling 188 acres throughout the City and 22 of these are city owned and operated Cathcart Park is located within Chanhassen and acts as a neighborhood park for residents north of Lake Minnewashta but is owned and operated by the City of Shorewood Special Use Parks Olson Community Garden is the city s sole special use park The garden is at the comer of Kerber Boulevard and Santa Vera Drive and is a Yz acre with lO xlO garden plots that are rented to residents annually The gardens are extremely popular and are filled to capacity each year Preserves The City currently has 440 acres of open space protected in 12 preserve parks These areas encompass much of the Bluff Creek Corridor as well as other treasured wetland and wooded areas Assessing Future Needs Population Demand for parks and recreation is closely linked to population The City is predicted to add 7 886 households and increase in population by 17 679 between the years 2000 and 2020 This increase in population will result in an increase in park and trail needs overall Mt 113 C I P IfF tseropoInounclopuaIonorecas Year Population Households 1990 11732 4016 2000 20321 6194 Growth Forecasts 2010 27500 10200 2020 34500 12800 2030 38000 15600 G paRK thPark Facility Study doc 5 Mr Todd Gerhardt August 27 2007 Page 3 Population standards act as a general guideline for number of acres of park land per one thousand people These standards are one method of assessing needs and are applied to both neighborhood and community park lands Preserve areas are not assessed since these areas typically encompass natural features which vary greatly from community to community and no standard exists Chanhassen s standard is 5 acresl OOO people for neighborhood parks and 7 acres l OOO people for community parks Applying these standards shows that the city currently has enough parkland to meet anticipated needs through 2010 that by 2020 there will be a 12 acre shortfall in community park space and by 2030 a 37 acre shortfall in community park space and a 2 acre shortfall in neighborhood park space Future Park Needs Based on Population Standards Standard Ye8r2010 Year 2020 Year 2030 Acres Estimated Estimated 1 000 Acreage Surplus Acreage Surplus Existing Surplus Component people Acres Needed Shortfall Needed Shortfall Acres Shortfall Neighborhood Park 5 188 137 5 50 5 172 5 15 5 190 2 Comrnunity Park 7 229 192 5 36 5 241 5 12 5 266 37 includes shared school park sites Age is also an indicator of what types of recreation facilities will be needed Youth tend to participate in organized athletics while older people are more interested in trail oriented activities such as biking in line skating jogging and walking Year 2000 U S Census data for the city shows large segments of our population under age 19 and between ages 30 50 indicating a prevalence of families with children Year 2000 US Census PI b Aopuatlonyqe Aqe Year 2000 Under 5 2020 5 9 2227 1 0 19 3086 20 29 1492 30 39 4291 40 49 4006 50 59 1860 60 69 750 70 79 447 80 142 Total Population 20321 As these populations age the City will likely continue to see the demand for youth sports and more passive activities such as trails and natural areas increase In addition assuming that much of the G paRK thPark Facility Study doc 6 Mr Todd Gerhardt August 27 2007 Page 4 forecasted new population growth will be young families with children demand for active recreation facilities will remain strong Park Service Areas see park service area map Community Parks Community Parks typically serve a 1 2 mile area Chanhassen s 5 community parks are distributed throughout the City and the majority of residents live within an easy drive or bike of a community park Neighborhood Parks Chanhassen uses the standard that most residents should live within walking distance of a neighborhood park Walking distance is measured by a V2 mile radius free of barriers such as major roads and large water bodies Because community parks often act as neighborhood parks for the people living in close proximity a V2 mile radius is applied to both neighborhood and community parks to identify any gaps in service Areas highlighted in yellow are existing or planned future neighborhoods that have gaps in servIce Two of these areas Arboretum Village and Pinehurst at Lake Harrison contain land already purchased for neighborhood parks but awaiting development A third the large area of future residential land located across west of Bandimere Park will be able to access Bandimere Park with the planned addition of an underpass at this location Notable gaps in neighborhood park service include substantial areas within the developing 2005 MUSA area and the future residential neighborhood at the northwest comer of Lake Riley In order to maintain the V2 mile service radius in these areas additional neighborhood parklands will need to be acquired South of Pioneer Trail rural development patterns are dominant Though this area is not well served by neighborhood parks the low population densities coupled with ownership of large lots on which residents often build facilities suited to their individual needs small play structures basketball hoops pools tennis courts horses open space etc make the need for neighborhood parks in this area low Preserves Preserve areas are located where there are important natural resources that should be protected One of the main initiatives of the 2020 comprehensive plan was to preserve open spaces As a result of these efforts the city now has 440 acres of natural areas in preserves and has protected much of the Bluff Creek Corridor There are a few key important and treasured natural areas in the city that remain unprotected These include some areas within the Bluff Creek Corridor the west shore of Lake Ann and the Seminary Fen Summary of Anticipated Needs Based on analysis of the existing system anticipated population growth the 2030 Land Use Plan and current demographic lifestyle and recreation trends the following observations can be made regarding future park needs Based on anticipated population growth there will be more demand for parks and recreation of all kinds Though the city currently has enough community park space to meet current needs by G paRK thPark Facility Study doc 7 Mr Todd Gerhardt August 27 2007 Page 5 2020 there will be an almost 40 acre shortfall in community park space This indicates the need to look for opportunities to expand existing community parks andor to search for an additional community park site of about 40 acres with a focus on active sports and athletic fields Based on both population growth land use patterns additional neighborhood parks will be needed in a few key locations These should be built along with residential development Demographic and recreation trends indicate that there will continue to be interest in expanding the city s trail system for both recreation fitness and bicycle walking proposes Lifestyle trends such as active living increased interest in recreation programs environmental awareness and aging population will influence the types of amenities and programs the city will be called upon to provide over the next 25 years The City should look to incorporating facilities into its system emerging sports such as disc golf and lacrosse and additional community garden space Increased interest in places for passive recreation open space protection and environmental education and sustainability all support the need for continued city leadership in protecting Chanhassen s remaining important natural areas Interest in creating an arts council and community theater should be explored G paRK thPark Facility Study doc 8 9 10 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us c MEMORANDUM TO Mayor City Council Members tz f Greg Sticha Finance Director August 27 2007 FROM DA TE SUBJ 2008 Budget and Tax Levy Discussion BACKGROUND At our work session discussion on August 13th we began discussions on the 2008 budget and preliminary levy which we need to set with the county by September 15th Staff presented a few funding scenarios and council requested more time to review some of the documents and continue the discussion at tonight s meeting Included in this packet is the entire memo and packet from the previous meeting In addition a revised Revolving Assessment Construction fund spreadsheet is included to account for some transfers made in 2007 As you will see in the attached Revolving Special Assessment Construction fund schedule there is a funding shortfall in years 2010 and beyond The total amount of the shortfall is approximately 670 000 Council asked for some possible ideas for funding this shortfall Staff came up with the following ideas Begin a Levy for Street Improvements in 2008 for 150 000 year in addition to all other current levies Levy for Street Improvements in 2010 for 500 000 and an additional 500 000 in 2011 then no additional levy for street improvements Use a portion of the 1 3 million in the catastrophic reserve fund Sale of Park Place land site 1 5 million Sale of Sinclair site 450 000 Sale of Water Treatment site 670 000 Bond for Residential Share of Annual Street Reconstruction Improvements and Pass on Bonding Costs to Property Owners Any of these items or a combination of some of them would be ideas to fund the shortfall in the Revolving Assessment Construction fund 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 play11 2008 Budget August 27 2007 Page 2 RECCOMENDATION Staff is looking for direction to set the preliminary budget for 2008 We will be adopting the preliminary budget at the September 10th meeting A TTACHMENTS 1 Prepaid Special Assessment Summary 2 Revolving Assessment Construction Fund revision 3 Revolving Assessment Construction Fund with Residential Bonding option 4 Available Cash Balance Sheet 5 Memo and attachments from 8 13 07 work session 6 Tax rate history 12 0 0 0 0 0 0 0 0 0 0 0 0 LD LD 0 0 N 0 V CO V N CD CO I 0 Ol 0 0 v LD N l e I cO 0 cO 0 Ci cO t cO Oi 0 t 0 Q N V CD LD 2Q 0 0 0 t 0 LD 0 0 0 0 I CD co 0 CD co 0 Q Q 0 I 0 Ol 0 0 v 0 N N LD 0 l t X 0 0 0 cO t 0 Oi 0 0 cO 0 N 0 0trocoCD0CDCDN0LDILDI coQI0NIOlNCDV00v0vltmmcDlliNcDNfcDaiifNmtv ro v Ol 0 LD Ol 0 V V Ol V 0 co Q Q N N 1 V V tl ec ro 0 lii 9CD 0 0 LD 0 0 0 LD CD 0 V 0 co I 0 N 0 0 0 0 Ol LD V 0 v Ol c 0 t t 0 0 co N t 0 Ci cO t N 0 2 N 0 0 LD LD N 0 I 0 N I LD 0 0 N Ol N co LD Ol 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000 COM OOtrlN MO N co trlN e q N 000 NOO OCl CO CO 000 000 00 0 00 00 000 000 trl QII CI f 00 0 000 NcD oomm iim0000OVVCON 0 N q CO v lO CI N 000 00 OMON 000 000 MO O ONCOQ 000 N 000 00 OMO M 00 Q 000 asicO OO Mio ro 0 000 O MO OO VV NMO N co II LO CI 0 N Cf 0 0 C 000 Oo vM0000 000C000010OMOM000 J lD 000 OOO M o II COQ OOM u J 0 000 v u5 o etii as MqoOCON00CIcoMONMO C N N t 0 Nc Q l E 0 000lQ OtrlO OLOMO 000 l U 000 COO 0 O O CO 000 Q C 0 000 N O OCO OOM l ro 0 000 aSlliu5 oc llii M O00trlcoOOMONMOlCNtC1NoN u C QC 000 vMO 011 0 0oSro 000 c 000 0 OMvCO 00000000OcocoNOOMCf0000nOCOocOaSiim0 Q 0 0 000 0 0 ONMLO NMO N CO OtrlN NcQNl l Q 000 0 CO OOVVl OOM l 000 CO 0000 001 000 O M OVll co 00 CO 000 00 5 OnO n o 00 M000000COOCOCONMM0OONN000mNNNN0 N fI 000 000 000 0 00000NNOOVII00000010OCOVllo I NON COO NNcOm 0 MO 0 trlO trl 0 trl LOCOCOCO NO01NICO0iNNnciNN fI 0 0 N 0 0 00cO00000MNNn trl LOco COO Oll N000000111111000000000NVINNNNNNNN ro 0 Q Q e a Q 0l0 0 C2tU 00VI0tUooCij0@weCDowcoLU Iii0Qc@0Qc U E ro c uo co Q EcoEVIt5CDCJt5cnCOVI 13OCOQCJOcocoQ e 5 a g J e 5 a eQ c u u a c sSu a co c 15 CJ Q C C Q CJ ctl CD ee eo 00oCJ z w Om Ct I I I I I I I I Q 0CJCI I MEI Q CI 0 fl co i i 0 t 0 t CJ 0 CX CI t 0 Q 0 I j LL CJ 0 CX 0 CI 0 S o t 0 M Q M f CI l ctla LO C 0 QCJeQ00 fl 0 LO LO LO CI 0 t LO I 0 t 0 0 I CX t M M IQCCItLOlMMC0 E t 0 fl 0 LO LO t 0 tICI0CXtCIt CI I 0 I t j Q 0 I CX CX 0 CI 0 CI M M t I 0 M C 0 CX t LO M CI ctl 0 t M LOmCI CD eM CJ ctl 0 fl 0 C l LL CJ C 0 0 Q 00 g 0 C0Q C 0 C ElCSl LL l LL CJ0CJLLCQ Q 0 CJ 0 0 0 CJ 0 CJ t0 C g 2 Q Q CD ro c c Sctlt C Q C E 0 ctl C ctl Q e t Q ctl Q 9 0 0 a a 0 J I o I I ctl 0 C l CJ c o o C Q E CJ CJ Q CJ CJ t 0 C S o Q Q 0 Q e o 0 Q CJ C ctl CJ ctl 3 0 C l LL m Q C Q 9 Q e C o CI I M I CI fl Q e I I i i 0000 0000 O O O O 0000 OLOICI LO t 0 0 CI fl fl fl fl CJ 0 Q Q e a ctl j 0 C ctl J ctl 0 C Q o a CJ 0 Q Q Q Q US eja 0 CQCQ j 5QQ ctlOCi5cctlIctl a co J 2m Cctl Ci5 16 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site WIIW ci chan hassen mn us A Ii I r j 1 4 itf MEMORANDUM TO Mayor City Council Members Greg Sticha Finance Director lPFROM DA TE August 13 2007 SUBJ 2008 Budget and Tax Levy Discussion BACKGROUND Tonight we will be discussing the preliminary requests for the 2008 budget At this time staff included the following estimates in the 2008 budget based on information and experience from past years This information is intended to help guide us in the budget process New Construction for 2008 estimated by Carver County is 1 8 The CPI Cost of Living for 2007 compared to last year is 2 6 We have included maximum wage adjustments in the budget of 3 5 We estimated the healthcare cost increase to be 10 These are some of the general estimates used in the budget process Listed below is a general fund departmental review which highlights those areas with significant changes from the prior year Individual department budget discussions will occur in October and November Expenditures The preliminary 2008 budgeted expenditures include an increase of 273 800 which is 3 0 over the general fund budget for 2007 Of that increase 82 000 is for increased wages and benefits to general fund employees and 167 500 is for an increase in the police services contract with Carver County That leaves all other line items with an increase of only 24 300 for the entire general fund Listed are some of the highlights from some of the departments 1110 The only significant increase in the legislative budget is for printing and publishing of the Chanhassen Connection and Maple Leaf We have been exceeding that budget each of the last couple years therefore an increase of 10 000 is needed to meet the actual costs to provide these publications 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 play17 2008 Budget August 13 2007 Page 2 1210 Due to the possibility of adding a new officer in 2008 we are anticipating the contract with Carver County to increase 167 500 which includes the wages for a new officer and a 5 increase in the current contract 1250 The current proposed budget includes a vacant position in the code enforcement department We also have temporary wages allocated to this department of 30 000 for 2008 1520 The Park and Recreation administration budget has included the cost of publishing a new park and trail map on an every other year basis We have decided to begin funding this cost out of the park dedication fund rather than the general fund saving about 15 000 to the general fund 1540 The Lake Ann Park budget includes an increase of about 6 000 for utility costs related to adding four new sets of lights at the ball fields located in the park 1560 The Senior Center budget includes an increase in hours for the Senior Center Coordinator from 28 to 32 hours per week Currently the Coordinator is working 32 hours per week but is only being compensated for 28 hours per week Therefore the wages line item has increased proportionately Revenues For 2008 we are anticipating total general fund revenues to be 273 800 higher than 2007 budgeted revenues Based on the previous year s history we are budgeting for license revenue to remain relatively flat in 2008 We do anticipate a slight increase in traffic and ordinance violations in 2008 due to adding another officer As Council is well aware permit revenue projections are totally dependent on development With the downturn in the market for residential development we are projecting building permits to fall short of the 2007 budget by about 100 000 We are also estimating that this number will be similar for 2008 and therefore we are leaving estimated building permit revenues at 725 000 Other service charges are also affected by the slowing down of residential development in particular the 2 engineering administration fee which is driven by review of new developments For the 2007 and 2008 budgets we are anticipating this charge for service to be over 70 000 less than actual receipts in 2006 That being said total non property tax revenues for 2008 are expected to be about 22 000 lower than the 2007 budget The increase of 273 800 mentioned earlier in the total general fund revenues is from the new property tax growth we 18 2008 Budget August 13 2007 Page 3 are estimating to be at 160 000 We are also canceling a debt levy of 29 000 for debt related to the 2001B GO special assessment bonds that have sufficient funds remaining to make the final bond payments without needing the levy In order to balance the budget another 106 800 is needed We have increased the tax levy to balance the budget by this amount Tax Levv The result of the proposed revenue and expenditures listed above means a larger tax levy of 295 800 or 4 5 compared to the 2007 levy Listed below are three possible funding scenarios and the resulting impact on the average property tax owner Scenario 1 Levy the entire amount needed to balance the budget as submitted at this time This levy would be in the amount of 6 853 900 and is 4 5 higher than last year s general fund levy as mentioned above The result on the average property taxpayer would be a 1 1 increase in their property tax bill Scenario 2 Eliminate the current vacant building inspector position saving about 71 000 to the general fund and balance the remaining 35 800 by using levy dollars This would result in a levy of 6 782 900 or 34 higher than in 2007 The impact to the average homeowner would be about a 37 increase in their property tax bill Scenario 3 Eliminate the current vacant building inspector position 71 000 and cut expenditures or look for additional revenues totaling 35 800 to keep the levy at 6 747 100 or 2 9 higher than the general fund levy from 2007 This would result in a zero percent increase in the property tax bill to the average homeowner RECOMMENDATION Staff requests feedback from the City Council regarding the proposed general fund expenditures revenues and 2008 tax levy so that we can prepare an appropriate preliminary budget and tax levy ATTACHMENTS 1 General Fund Revenues 2 General Fund Expenditures 3 Tax Levy Impact 4 2006 2025 Debt Levies 5 Revolving Assessment Fund Projections 6 Key Financial Strategies General Fund Projections 19 CITY OF CHANHASSEN 2008 BUDGET REVENUE 101 General Fund 2006 2007 2007 2008 Inc Over ACCOUNT DESCRIPTION ACTUAL BUDGET PROJECTED BUDGET PY Budget GENERAL PROPERTY TAX 3010 Current Property Tax 6 121408 6 558 100 6 558 100 6 853 900 4 5 3002 Allowance for Delinquent Taxes 320 000 320 000 320 000 3011 Delinquent Property Tax 63 896 50 000 50 000 50 000 3041 Homestead Ag Credit 3090 Other Property Taxes 8 3500 Local Government Aid TOTAL GENERAL PROPERTY TAX 6 185 312 6 288 100 6 288 100 6 583 900 4 7 LICENSES 3203 Dog Kennel 900 500 500 500 3205 Dog or Cat 5 257 4 500 4 500 5 000 3213 Solicitor 300 500 500 500 3223 3 2 Off and On Sale 2 225 3226 Liquor On and Off Sale 79 977 84 000 84 000 84 000 3227 Club and Sunday 1 600 3230 Rental Housing Licenses 5 950 15 000 15 000 15 000 3284 Rubbish 3 600 3 000 3 000 3 000 TOTAL LICENSES 99 809 107 500 107 500 108 000 0 5 PERMITS 3301 Building 700450 825 000 725 000 725 000 3302 Plan Check 365 892 330 000 330 000 330 000 3305 Heating AlC 119 392 120 000 120 000 120 000 3306 Plumbing 94 641 85 000 85 000 95 000 3307 Trenching 42 707 35 000 35 000 35 000 3308 Gun 700 1 000 1 000 1 000 3309 Sprinkler 11448 14 000 14 000 14 000 3311 Sign 7 255 6 500 6 500 7 500 3320 Stable 220 300 300 300 3330 Elec Permit App Forms 104 3331 Firework s Application Fee 400 3390 Misc Permits 2 945 1 000 1 000 2 000 TOTAL PERMITS 1 346 155 1417 800 1 317 800 1 329 800 5 7 FINES PENALTIES 3401 Traffic Ordinance Violation 152 365 130 000 140 000 150 000 3402 Vehicle Lockouts 2450 2 500 2 500 2 500 3404 Dog Cat Impound 6 583 4 000 4 000 5 000 3405 Other Fines and Penalties 1 548 TOTAL FINES PENALTIES 162 946 136 500 146 500 157 500 15 4 INTERGOVERNMENTAL REVENUE 3509 Other Shared Taxes 175 685 165 000 165 000 175 000 3510 Grants State 61424 40 000 40 000 50 000 TOTAL INTERGOVERNMENTAL REV 237 109 205 000 205 000 225 000 9 8 20 CITY OF CHANHASSEN 2008 BUDGET REVENUE 101 General Fund 2006 2007 2007 2008 Inc Over ACCOUNT DESCRIPTION ACTUAL BUDGET PROJECTED BUDGET PY Budget CHARGES FOR CURRENT SERVICES 3601 Sale of Documents 979 4 000 1 000 1 000 3602 Use Variance Permits 52 360 45 000 35 000 40 000 3603 Rezoning Fees 2 500 2 000 2 000 2 000 3604 Assessment Searches 720 500 500 500 3605 Plat Recording Fees 15 288 10 000 7 000 7 000 3607 Election Filing Fees 30 3613 Misc General Government 8 026 10 000 10 000 10 000 3614 Admin Charge 2 Constr 146 687 120 000 50 000 50 000 3615 Admin Charge 5 Street Re Constr 32 000 3617 Engineering General 1 336 1 000 1 000 1 000 3619 Investment Management Fee 75 000 75 000 75 000 75 000 3629 Misc Public Safety 6 138 4 000 4 000 5 000 3630 Recreation Program Fees 24 813 30 000 30 000 30 000 3631 Recreation Center 121 671 135 000 125 000 125 000 3633 Park Equipment Rental 222 200 200 200 3634 Park Facility Usage Fee 9 747 12 000 12 000 12 000 3635 Watercraft Rental 4466 4 000 4 000 4 000 3636 Self Supporting Programs 172 924 160 000 175 000 175 000 3637 Senior Programs 27 078 30 000 30 000 30 000 3638 Food Concessions 11 971 12 000 12 000 12 000 3639 Misc Park Rec 765 800 800 800 3641 Youth Sport Donation 32 3649 Misc Public Works 14400 5 000 5 000 5 000 3651 Merchandise Sales 1 886 1 500 3670 Internment Fee 250 TOTAL CURRENT SERVICES 699 290 660 500 579 500 619 000 6 3 OTHER REVENUE 3801 Interest Earnings 133405 70 000 110 000 125 000 3802 Equipment Rental Sale 107 384 110 000 110 000 125 000 3803 Building Rental 1 613 3804 Land Sale 1 600 3807 Donations 26 122 20 000 20 000 20 000 3808 Ins Recoveries Reimburse 10 024 5 000 5 000 5 000 3816 SAC Retainer 70 169 5 000 155 000 5 000 3818 Sur Tax Retainer 954 1 500 1 500 1 500 3820 Misc Other Revenue 110 5 000 1 000 1 000 3829 I nteresUPenalties Other 500 500 500 3903 Refunds Rei mbursements 34 546 30 000 30 000 30 000 3910 Misc Revenue 323 TOTAL OTHER REVENUE 386 249 247 000 433 000 313 000 26 7 TOTAL GENERAL FUND REVENUE 9 116 869 9 062 400 9 077 400 9 336 200 3 0 TOTAL GENERAL FUND EXPENDITURES 9 336 200 NET LEVY REMAINING Use of Gen Fund Reserves 21 GENERAL GOVERNMENT 1110 Legislative 1120 Administration 1130 Finance 1140 Legal 1150 Assessing 1160 MIS 1170 City Hall 1180 Elections 1190 Library Building TOTAL LAW ENFORCEMENT 1210 Law Enforcement 1220 Fire 1250 Building Inspection 1260 CSO TOTAL PUBLIC WORKS 1310 Engineering 1320 Street Maintenance 1350 Street Lighting 1370 Vehicle Maintenance TOTAL COMMUNITY DEVELOPMENT 1410 Planning Commission 1420 Planning Administration 1430 Senior Commission TOTAL PARKS RECREATION 1510 Park Rec Commission 1520 Park Administration 1530 Recreation Center 1540 Lake Ann 1550 Park Maintenance 1560 Senior Center 1600 Recreation Programs 1700 Self Supporting Programs TOTAL Total Operational Expenditures Transfer to Debt Service TOTAL GENERAL FUND CITY OF CHANHASSEN 2008 BUDGET Expenditures Personal Materials Contractual Capital 2007 Services Supplies Services Outlay Total Total Change 34 200 200 95 500 129 900 123400 5 27 382400 500 57400 440 300 438 000 0 53 233 900 300 91 500 200 325 900 318 000 248 168 000 168 000 168 000 0 00 101 600 101 600 100 100 1 50 166 300 2400 119 300 288 000 281 200 242 69 300 42 300 282 100 393 700 428 600 8 14 21 500 6400 27 900 19 700 41 62 3 000 107 200 110 200 102 200 7 83 907 600 48 700 1 029 000 200 1 985 500 1 979 200 0 32 76 300 1427 000 1 503 300 1 333 700 12 72 519 200 47 000 116 000 682 200 678 600 0 53 737 500 8 700 23400 769 600 756 100 1 79 55 300 4 000 13 700 73 000 69 200 549 1 388 300 59 700 1 580 100 3 028 100 2 837 600 6 71 518 300 900 29 900 300 549400 528400 3 97 610 600 133 500 33 000 1 300 778400 786 500 1 03 4 500 315400 319 900 314 900 1 59 248 300 150400 46 500 6 000 451 200 459 600 1 83 1 377 200 289 300 424 800 7 600 2 098 900 2 089400 045 200 4 000 4 200 4 200 0 00 375400 700 14 100 390 200 377 600 3 34 20 300 15 200 35 500 30 100 17 94 395 700 900 33 300 429 900 411 900 4 37 200 2 000 2 200 2 200 0 00 120 200 1 000 9 600 130 800 123 500 5 91 213 900 11 500 47 800 273 200 269 100 1 52 13 800 9 100 51400 74 300 71 800 348 673 300 81 300 88 200 4 000 846 800 819 600 3 32 36 900 4 300 19 500 60 700 52400 15 84 167 600 17 100 93 500 278 200 274 200 146 36 200 8 700 82 700 127 600 131 500 2 97 1 261 900 133 200 394 700 4 000 1 793 800 1 744 300 2 84 5 330 700 531 800 3 461 900 11 800 9 336 200 9 062 400 3 02 9 336 200 9 062 400 3 02 22 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1110 Legislative 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4020 Salaries Wages Temp 27 1 00 31 600 31 600 0 0 4030 Contributions Retirement 2 083 2 500 2 500 0 0 4050 Workers Compensation 72 100 100 0 0 TOTAL PERSONAL SERVICES 29 256 34 200 34 200 0 0 4210 Books Periodicals 200 200 0 0 TOTAL MATERIALS SUPPLIES 200 200 0 0 4300 Fees Services 7 381 13 000 8 000 38 5 4330 Postage 5 831 6 000 6 500 8 3 4340 Printing Publishing 44 631 37 000 47 000 27 0 4360 Subscriptions Memberships 27 730 28 000 29 000 3 6 4370 Travel Training 6 545 3 000 3 000 0 0 4375 Promotional Expense 999 2 000 2 000 0 0 TOTAL CONTRACTUAL SERVICES 93 118 89 000 95 500 7 3 TOTAL LEGISLATIVE 122 373 123400 129 900 5 3 23 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1120 Administration 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 282 694 295 000 294 000 0 3 4020 Salaries Wages Temp 6 000 6 000 0 0 4030 Contributions Retirement 35 453 41 1 00 41 500 1 0 4040 Contributions I nsu rance 34 725 42 300 39 700 6 1 4050 Workers Compensation 1 001 1 100 1 200 9 1 TOTAL PERSONAL SERVICES 353 872 385 500 382400 0 8 4120 Supplies Equipment 901 200 200 0 0 4130 Supplies Program 100 100 0 0 4210 Books Periodicals 100 200 200 0 0 TOTAL MATERIALS SUPPLIES 1 001 500 500 0 0 4300 Fees Services 770 2 000 2 000 0 0 4310 Telephone 1 566 1 500 2400 60 0 4330 Postage 20 716 13 000 16 000 23 1 4340 Printing Publishing 4 169 1 500 1 500 0 0 4360 Subscriptions Memberships 3 987 2 500 4 000 60 0 4370 Travel Training 6 833 5 500 5 500 0 0 4380 Mileage 7 239 7 200 7 200 0 0 4410 Rental Equipment 18 778 18 500 18 500 0 0 4530 Repair Maintenance Equip 172 300 300 0 0 4807 Property Tax Expense 2 916 0 0 4933 Sales Tax 0 0 TOTAL CONTRACTUAL SERVICES 67 146 52 000 57400 104 4703 Office Equipment 0 0 TOTAL CAPITAL OUTLAY 0 0 TOTAL ADMINISTRATION 422 020 438 000 440 300 0 5 24 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1130 Finance 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 172 006 177 900 183 100 2 9 4011 Overtime 541 200 200 0 0 4030 Contributions Retirement 22 191 24 700 26 000 5 3 4040 Contributions Insurance 21 807 22 200 23 600 6 3 4050 Workers Compensation 641 1 000 1 000 0 0 TOTAL PERSONAL SERVICES 217 186 226 000 233 900 3 5 4120 Supplies Equipment 50 200 200 0 0 4210 Books Periodicals 100 100 0 0 TOTAL MATERIALS SUPPLIES 50 300 300 0 0 4300 Fees Services 52 373 42 000 55 000 31 0 4301 Fees Financial Audit 20 362 38 000 25 000 34 2 4310 Telephone and Communications 283 300 300 0 0 4330 Postage 200 200 0 0 4340 Printing Publishing 1 426 1 500 1 500 0 0 4360 Subscriptions Memberships 285 400 400 0 0 4370 Travel Training 4 202 9 000 9 000 0 0 4530 Repair Maintenance Equip 100 100 0 0 TOTAL CONTRACTUAL SERVICES 78 931 91 500 91 500 0 0 4703 Office Equipment 200 200 0 0 TOTAL CAPITAL OUTLAY 200 200 0 0 TOTAL FINANCE 296 167 318 000 325 900 2 5 25 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1140 Legal ACCOUNT DESCRIPTION 2006 ACTUAL 2007 BUDGET 2008 BUDGET 2007 to 2008 INC lDECl 4302 Fees Legal TOTAL CONTRACTUAL SERVICES 158 768 158 768 TOTAL LEGAL 158 768 168 000 168 000 168 000 168 000 168 000 168 000 0 0 0 0 0 0 26 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1150 Property Assessment 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4300 Fees Services 94 264 100 000 101 500 1 5 4340 Printing Publishing 100 100 0 0 TOTAL CONTRACTUAL SERVICES 94 264 100 100 101 600 1 5 TOTAL PROPERTY ASSESSMENT 94 264 100 100 1 01 600 1 5 27 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1160 MI S 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 119 360 124 300 129 500 4 2 4030 Contributions Retirement 15 959 17 300 18 300 5 8 4040 Contributions Insurance 16 250 17 900 18 000 0 6 4050 Workers Compensation 427 500 500 0 0 TOTAL PERSONAL SERVICES 151 996 160 000 166 300 3 9 4150 Maintenance Materials 743 1 300 1 300 0 0 4210 Books Periodicals 128 600 600 0 0 4220 Software Licenses 8 908 0 0 4260 Small Tools Equipment 248 500 500 0 0 TOTAL MATERIALS SUPPLIES 10 027 2400 2400 0 0 4300 Fees Services 57 370 78 100 86 100 10 2 4310 Telephone 981 1 400 1 400 0 0 4320 Utilities 11 160 12 600 12 600 0 0 4350 Cleaning and Waste Removal 53 0 0 4370 Travel Training 23 351 21 700 14 200 34 6 4530 Repair Maintenance Equip 3 820 5 000 5 000 0 0 4933 Sales Tax 216 0 0 TOTAL CONTRACTUAL SERVICES 96 951 118 800 119 300 04 TOTAL MIS 258 974 281 200 288 000 2 4 28 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1170 City Hall 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INCDEC 4010 Salaries Wages Reg 48 316 49 600 50 300 14 4011 Overtime Reg 3 780 2 000 3 500 75 0 4030 Contributions Retirement 7 005 6 900 7 100 2 9 4040 Contributions I nsurance 6 206 6 600 6 800 3 0 4050 Workers Compensation 1 536 1 500 1 600 6 7 TOTAL PERSONAL SERVICES 66 844 66 600 69 300 4 1 4110 Supplies Office 37 793 37 000 37 000 0 0 4120 Supplies Equipment 193 1 000 1 000 0 0 4140 Supplies Vehicles 329 1 000 1 000 0 0 4150 Maintenance Materials 4 077 3 000 3 000 0 0 4260 Small Tools Equipment 68 500 300 40 0 TOTAL MATERIALS SUPPLIES 42460 42 500 42 300 0 5 4300 Fees Services 3 176 6 000 6 000 0 0 4310 Telephone 14 189 16 000 16 000 0 0 4320 Utilities 49 885 52 000 54 600 5 0 4350 Cleaning Waste Removal 34 108 33 000 35 000 6 1 4440 License Registration 15 100 100 0 0 4483 Insurance General Liability 133 119 205 500 163 000 20 7 4510 Repair Maintenance Building 5 609 5 000 5 000 0 0 4520 Repair Maintenance Vehicles 99 400 400 0 0 4530 Repair Maintenance Equip 2441 1 500 2 000 33 3 4933 Sales Tax 44 0 0 TOTAL CONTRACTUAL SERVICES 242 684 319 500 282 100 11 7 TOTAL CITY HALL 351 988 428 600 393 700 8 1 29 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1180 Elections 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4020 Salaries Wages Temp 30 958 12 500 20 500 64 0 4030 Contributions Retirement 217 1 000 1 000 0 0 TOTAL PERSONAL SERVICES 31 175 13 500 21 500 59 3 4110 Office Supplies 372 200 200 0 0 4300 Fees Services 2 674 3 000 3 000 0 0 4340 Printing Publishing 4 057 2 000 2 000 0 0 4370 Travel Training 2 577 1 000 1 200 20 0 TOTAL CONTRACTUAL SERVICES 9 679 6 200 6400 3 2 TOTAL ELECTIONS 40 854 19 700 27 900 41 6 30 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1190 Library Building 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4150 Maintenance Materials 3 545 2 000 3 000 50 0 4260 Small Tools Equipment 19 0 0 TOTAL MATERIALS SUPPLIES 3 564 2 000 3 000 50 0 4300 Fees Services 559 1 000 1 000 0 0 4310 Telephone 2 040 2 200 2 200 0 0 4320 Utilities 67 872 63 000 67 000 6 3 4350 Cleaning Waste Removal 32 169 30 000 33 000 10 0 4510 Repair Maintenance Building 5 942 2 000 2 000 0 0 4530 Repair Maintenance Equip 1 772 2 000 2 000 0 0 TOTAL CONTRACTUAL SERVICES 110 354 100 200 107 200 7 0 TOTAL LIBRARY 113 918 102 200 110 200 7 8 31 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1210 Police Administration 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 55 983 58 800 60 200 24 4030 Contributions Retirement 7 570 8 200 8 500 3 7 4040 Contributions I nsurance 6 164 6 700 7 100 6 0 4050 Workers Compensation 382 500 500 0 0 TOTAL PERSONAL SERVICES 70 099 74 200 76 300 2 8 4130 Program Supplies 3 973 5 000 5 000 0 0 4300 Fees Services 1 236 172 1 250 000 1417 500 134 4375 Promotional Expense 613 4 500 4 500 0 0 TOTAL CONTRACTUAL SERVICES 1 240 758 1 259 500 1427 000 13 3 TOTAL POLICE ADMINISTRATION 1 310 857 1 333 700 1 503 300 12 7 32 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1220 Fire Prevention Administration 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 128 215 133 500 136 100 1 9 4011 Overtime 218 1 000 1 000 0 0 4020 Salaries Wages Temp 135 284 160 000 160 000 0 0 4030 Contributions Retirement 178 853 187 000 187 000 0 0 4040 Contributions Insurance 18 089 19 600 20 600 5 1 4050 Workers Compensation 12 762 14 500 14 500 0 0 TOTAL PERSONAL SERVICES 473 421 515 600 519 200 0 7 4120 Supplies Equipment 9 862 11 000 11 000 0 0 4130 Supplies Program 5 808 5 000 5 000 0 0 4140 Supplies Vehicles 4 216 7 000 7 000 0 0 4150 Maintenance Materials 484 1 000 1 000 0 0 4170 Motor Fuels and Lubrication 292 0 0 4210 Books Periodicals 1 230 1 000 1 000 0 0 4240 Uniforms Clothing 12 940 13 500 13 500 0 0 4260 Small Tools Equipment 4467 5 000 5 000 0 0 4290 Misc Materials Supplies 3 820 3 500 3 500 0 0 TOTAL MATERIALS SUPPLIES 43 118 47 000 47 000 0 0 4300 Fees Services 11 369 16 500 16 500 0 0 4310 Telephone 9 087 6 000 6 000 0 0 4320 Utilities 24462 23 000 23 000 0 0 4330 Postage 76 0 0 4350 Cleaning Waste Removal 5 339 7 000 7 000 0 0 4360 Subscriptions Memberships 1 533 3 000 3 000 0 0 4370 Travel Training 19 012 10 000 10 000 0 0 4375 Promotional Expense 8483 9 000 9 000 0 0 4440 License Registration 18 0 0 4483 Insurance General Liability 1 405 1 000 1 000 0 0 4510 Repair Maintenance Building 4 567 7 000 7 000 0 0 4520 Repair Maintenance Vehicles 4 165 7 000 7 000 0 0 4530 Repair Maintenance Equip 11 150 5 000 5 000 0 0 4531 Repair Maintenance Radios 6 966 9 000 9 000 0 0 4901 Refunds Reimbursements 819 0 0 Contribution for Performance 12 500 12 500 100 0 4933 Sales Tax 389 0 0 TOTAL CONTRACTUAL SERVICES 108 840 116 000 116 000 0 0 TOTAL FIRE PREVENTION ADMIN 625 379 678 600 682 200 0 5 33 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1250 Code Enforcement 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 458 938 524 000 536 000 2 3 4011 Overtime Reg 4 106 2 000 4 000 100 0 4020 Salaries Wages Temp 30 000 30 000 0 0 4030 Contributions Retirement 60 022 72 900 72 900 0 0 4040 Contributions I nsurance 69 566 91 700 91 200 0 5 4050 Workers Compensation 2 843 3400 3400 0 0 TOTAL PERSONAL SERVICES 595475 724 000 737 500 1 9 4120 Supplies Equipment 35 1 000 1 000 0 0 4130 Supplies Program 127 800 800 0 0 4140 Supplies Vehicles 1487 1 500 1 500 0 0 4210 Books Periodicals 889 3 500 3 500 0 0 4240 Uniforms Clothing 891 1 500 1 500 0 0 4260 Small Tools Equipment 73 400 400 0 0 TOTAL MATERIALS SUPPLIES 3 501 8 700 8 700 0 0 4300 Fees Services 83 1 000 1 000 0 0 4310 Telephone 2 858 4 000 4 000 0 0 4340 Printing Publishing 1 017 2 000 2 000 0 0 4360 Subscriptions Memberships 520 1 000 1 000 0 0 4370 Travel Training 5 561 11 000 11 000 0 0 4375 Promotional Expense 200 200 0 0 4440 License Registration 371 200 200 0 0 4520 Repair Maintenance Vehicles 639 1 500 1 500 0 0 4530 Repair Maintenance Equip 1 488 2 500 2 500 0 0 4901 Refunds Rei mbursements 550 0 0 4933 Sales Tax 7 0 0 TOTAL CONTRACTUAL SERVICES 13 093 23400 23400 0 0 TOTAL CODE ENFORCEMENT 612 069 756 100 769 600 1 8 34 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1260 Community Service 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4020 Salaries Wages Temp 37 013 47 000 47 000 0 0 4021 Overtime Temp 1 370 1 000 1 400 40 0 4030 Contributions Retirement 5 312 4 900 5 500 12 2 4040 Contributions Insurance 568 600 600 0 0 4050 Workers Compensation 794 700 800 14 3 TOTAL PERSONAL SERVICES 45 056 54 200 55 300 2 0 4120 Supplies Equipment 903 500 1 000 100 0 4130 Supplies Program 83 700 500 28 6 4140 Supplies Vehicles 1 235 700 700 0 0 4210 Books Periodicals 200 200 0 0 4240 Uniforms Clothing 2 032 1 800 1 600 11 1 TOTAL MATERIALS SUPPLIES 4 252 3 900 4 000 2 6 4300 Fees Services 14 271 7 000 9 600 37 1 4310 Telephone 896 1 000 1 000 0 0 4340 Printing Publishing 316 500 500 0 0 4360 Subscriptions Memberships 105 300 300 0 0 4370 Travel Training 644 700 700 0 0 4440 License Registration 15 0 0 4520 Repair Maintenance Vehicles 170 1 000 1 000 0 0 4530 Repair Maintenance Equip 99 300 300 0 0 4531 Repair Maintenance Radios 303 300 300 0 0 TOTAL CONTRACTUAL SERVICES 16 819 11 1 00 13 700 234 TOTAL COMMUNITY SERVICE 66 127 69 200 73 000 5 5 35 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1310 Engineering 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 342 989 383 900 402 100 4 7 4011 Overtime Reg 1 595 1 000 1 500 50 0 4020 Salaries Wages Temp 10 980 10 000 12 000 20 0 4021 Temp Seasonal Overtime 8 0 0 4030 Contributions Reti rement 46412 53400 56 900 6 6 4040 Contributions Insurance 35 977 46 300 43 200 6 7 4050 Workers Compensation 2 178 2 800 2 600 7 1 4060 Unemployment 11 845 0 0 TOTAL PERSONAL SERVICES 451 984 497400 518 300 4 2 4120 Supplies Equipment 32 200 200 0 0 4140 Supplies Vehicles 264 300 300 0 0 4210 Books Periodicals 335 400 400 0 0 TOTAL MATERIALS SUPPLIES 631 900 900 0 0 4300 Fees Services 58 815 18 000 18 000 0 0 4303 Engineering Consulting 2 008 0 0 4310 Telephone 1 845 2 000 2 000 0 0 4330 Postage 400 400 0 0 4340 Printing Publishing 1 297 1 100 1 100 0 0 4360 Subscriptions Memberships 1 405 1 200 1 200 0 0 4370 Travel Training 1 485 3 000 3 000 0 0 4380 Mileage 200 300 50 0 4440 License Registration 29 300 300 0 0 4520 Repair Maintenance Vehicles 500 500 0 0 4530 Repair Maintenance Equip 1 879 3 000 3 000 0 0 4531 Repair Maintenance Radios 100 100 0 0 4933 Sales Tax 22 0 0 TOTAL CONTRACTUAL SERVICES 68 784 29 800 29 900 0 3 4705 Other Equipment 300 300 0 0 TOTAL CAPITAL OUTLAY 300 300 0 0 TOTAL ENGINEERING 521 399 528 400 549 400 4 0 36 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1320 Street Maintenance 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 415 251 436400 446 000 2 2 4011 Overtime Reg 5 104 10 000 5 500 45 0 4020 Salaries Wages Temp 8 748 17 800 10 000 43 8 4030 Contributions Reti rement 58 904 60 700 63 100 4 0 4040 Contributions I nsurance 59 172 72 900 65 900 9 6 4050 Workers Compensation 18 960 17 500 20 100 14 9 TOTAL PERSONAL SERVICES 566 140 615 300 610 600 0 8 4120 Supplies Equipment 35 253 47 000 44 000 64 4140 Supplies Vehicles 24 623 28 000 28 000 0 0 4150 Maintenance Materials 53 319 55 000 55 000 0 0 4160 Chemicals 67 0 0 4170 Motor Fuels Lubricants 2 574 0 0 4210 Books Periodicals 100 100 0 0 4240 Uniforms Clothing 3 603 3 700 3 700 0 0 4260 Small Tools Equipment 392 2 700 2 700 0 0 TOTAL MATERIALS SUPPLIES 119 830 136 500 133 500 2 2 4300 Fees Services 179 1 000 1 000 0 0 4310 Telephone 3 292 3 500 3 500 0 0 4340 Printing Publishing 59 300 300 0 0 4350 Cleaning Waste Removal 19 300 300 0 0 4360 Subscriptions Memberships 1 118 100 100 0 0 4370 Travel Training 769 1 500 1 500 0 0 4410 Rental Equipment 1 500 1 500 0 0 4440 License Registration 571 600 600 0 0 4510 Repair Maintenance Building 500 500 0 0 4520 Repair Maintenance Vehicles 5 905 2 400 3 500 45 8 4530 Repair Maintenance Equip 1 020 5 500 5 500 0 0 4531 Repair Maintenance Radios 2 000 500 75 0 4540 Repair Maintenance Streets 17 650 500 500 0 0 4560 Repair Maintenance Signs 12455 13 700 13 700 0 0 4933 Sales Tax 1 493 0 0 TOTAL CONTRACTUAL SERVICES 44 530 33400 33 000 1 2 4703 Office Equipment 300 300 0 0 4705 Other Equipment 700 1 000 1 000 0 0 TOTAL CAPITAL OUTLAY 700 1 300 1 300 0 0 TOTAL STREET MAINTENANCE 731 200 786 500 778 400 1 0 37 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1350 Street Lighting Signals 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4120 Supplies Equipment 4445 4 500 4 500 0 0 TOTAL MATERIALS SUPPLIES 4445 4 500 4 500 0 0 4300 Fees Services 300 300 0 0 4310 Telephone 499 600 600 0 0 4320 Utilities 282 764 290 000 295 000 1 7 4530 Repair Maintenance Equip 1 678 2 500 2 500 0 0 4565 Repair Maintenance Lights Signals 11 499 17 000 17 000 0 0 TOTAL CONTRACTUAL SERVICES 296440 310400 315400 1 6 TOTAL STREET LIGHT SIGNALS 300 885 314 900 319 900 1 6 38 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1370 City Garage 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 202 322 187 400 177 700 5 2 4011 Overtime Reg 4 307 6 500 6 500 0 0 4030 Contributions Retirement 23 196 26 100 25 100 3 8 4040 Contributions I nsurance 28 738 32 000 33 200 3 8 4050 Workers Compensation 5 584 6 000 5 800 3 3 TOTAL PERSONAL SERVICES 264 146 258 000 248 300 3 8 4120 Supplies Equipment 1 392 3 300 3 300 0 0 4140 Supplies Vehicles 371 500 500 0 0 4150 Maintenance Materials 1 530 1 000 1 000 0 0 4170 Motor Fuels Lubricants 95 799 140 000 140 000 0 0 4240 Uniforms Clothing 1 586 1 200 1 200 0 0 4260 Small Tools Equipment 3 062 4400 4400 0 0 TOTAL MATERIALS SUPPLIES 103 739 150400 150400 0 0 4300 Fees Services 1 425 1 300 1 300 0 0 4310 Telephone 2 991 3 800 3 800 0 0 4320 Utilities 19 200 23 000 23 000 0 0 4340 Printing Publishing 59 100 100 0 0 4350 Cleaning Waste Removal 9 186 6 100 7400 21 3 4360 Subscriptions Memberships 200 200 0 0 4370 Travel Training 170 1 500 1 500 0 0 4410 Rental Equipment 349 500 500 0 0 4440 License Registration 65 500 500 0 0 4510 Repair Maintenance Building 6 269 4 000 4 000 0 0 4520 Repair Maintenance Vehicles 37 300 300 0 0 4530 Repair Maintenance Equip 1 586 3 800 3 800 0 0 4531 Repair Maintenance Radios 100 100 0 0 4933 Sales Tax 32 0 0 TOTAL CONTRACTUAL SERVICES 41 368 45 200 46 500 2 9 4703 Office Equipment 292 500 500 0 0 4705 Other Equipment 4 773 5 500 5 500 0 0 TOTAL CAPITAL OUTLAY 5 065 6 000 6 000 0 0 TOTAL CITY GARAGE 414 318 459 600 451 200 1 8 39 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1410 Planning Commission 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4210 Books Periodicals 200 200 0 0 TOTAL MATERIALS SUPPLIES 200 200 0 0 4340 Printing Publishing 4 600 3 000 3 000 0 0 4360 Subscriptions Memberships 200 200 0 0 4370 Travel Training 601 800 800 0 0 TOTAL CONTRACTUAL SERVICES 5 201 4 000 4 000 0 0 TOTAL PLANNING COMMISSION 5 201 4 200 4 200 0 0 40 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1420 Planning Administration 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 271 977 283 200 289 700 2 3 4030 Contributions Retirement 35 822 39400 41 000 4 1 4040 Contributions I nsurance 38 246 39 200 43 500 11 0 4050 Workers Compensation 965 1 000 1 200 20 0 TOTAL PERSONAL SERVICES 347 011 362 800 375400 3 5 4120 Supplies Equipment 77 300 300 0 0 4130 Supplies Program 7 100 100 0 0 4140 Supplies Vehicles 81 100 100 0 0 4210 Books Periodicals 200 200 0 0 TOTAL MATERIALS SUPPLIES 165 700 700 0 0 4300 Fees Services 45 5 000 5 000 0 0 4310 Telephone 77 200 200 0 0 4340 Printing Publishing 200 200 0 0 4360 Subscriptions Memberships 1 150 1 500 1 500 0 0 4370 Travel Training 2 885 7 000 6400 8 6 4440 License Registration 15 600 0 0 4520 Repair Maintenance Vehicles 200 200 0 0 TOTAL CONTRACTUAL SERVICES 4 172 14 100 14 100 0 0 TOTAL PLANNING ADMINISTRATION 351 347 377 600 390 200 3 3 41 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1430 Senior Commission 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INCDEC 4010 Salaries Wages Reg 15 290 15 900 16 200 1 9 4030 Contributions Retirement 2 049 2 200 2 300 4 5 4040 Contributions Insurance 1 572 1 700 1 700 0 0 4050 Workers Compensation 54 100 100 0 0 TOTAL PERSONAL SERVICES 18 965 19 900 20 300 2 0 4300 Fees Services 8416 9 500 14 500 52 6 4370 Travel Training 18 200 200 0 0 4375 Promotional Expense 32 500 500 0 0 TOTAL CONTRACTUAL SERVICES 8466 10 200 15 200 49 0 TOTAL SENIOR COMMISSION 27 431 30 100 35 500 17 9 42 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1510 Park Ree Commission 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4130 Supplies Program 100 100 0 0 4210 Books Periodicals 100 100 0 0 TOTAL MATERIALS SUPPLIES 200 200 0 0 4340 Printing Publishing 1 138 900 900 0 0 4360 Subscriptions Memberships 700 700 0 0 4370 Travel Training 380 400 400 0 0 TOTAL CONTRACTUAL SERVICES 1 517 2 000 2 000 0 0 TOTAL PARK REC COMMISSION 1 517 2 200 2 200 0 0 43 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1520 Park Rec Administration 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 86 525 89 200 95 200 6 7 4030 Contributions Retirement 11 229 12 400 13 400 8 1 4040 Contributions Insurance 10 143 11 400 11 200 1 8 4050 Workers Compensation 307 400 400 0 0 TOTAL PERSONAL SERVICES 108 205 113 400 120 200 6 0 4120 Supplies Equipment 106 500 500 0 0 4130 Supplies Program 200 200 0 0 4210 Books Periodicals 100 100 0 0 4240 Uniforms Clothing 200 200 0 0 TOTAL MATERIALS SUPPLIES 106 1 000 1 000 0 0 4300 Fees Services 1 100 1 100 0 0 4310 Telephone 587 900 900 0 0 4330 Postage 1 307 400 400 0 0 4340 Printing Publishing 14 166 1 500 1 500 0 0 4360 Subscriptions Memberships 1 962 1 200 1 600 33 3 4370 Travel Training 1 802 3 800 3 800 0 0 4380 Mileage 27 200 300 50 0 4807 Property Tax Expense 12 0 0 TOTAL CONTRACTUAL SERVICES 19 863 9 100 9 600 5 5 TOTAL PARK REC ADMINISTRATION 128 174 123 500 130 800 5 9 44 CITY OF CHANHA55EN 2008 BUDGET 101 General Fund 1530 Recreation Center 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 41 200 43 300 43 700 0 9 4020 Salaries Wages Temp 123 342 132 000 132 000 0 0 4030 Contributions Retirement 21 617 28 000 28 000 0 0 4040 Contributions Insurance 6 063 6 600 7 000 6 1 4050 Workers Compensation 3 049 4 200 3 200 23 8 4060 Unemployment 82 0 0 TOTAL PERSONAL SERVICES 195 354 214 100 213 900 0 1 4120 Supplies Equipment 672 8000 8000 0 0 4130 Supplies Program 12 334 3 000 3 000 0 0 4150 Maintenance Materials 500 500 0 0 TOTAL MATERIALS SUPPLIES 13 006 11 500 11 500 0 0 4300 Fees Services 284 500 500 0 0 4310 Telephone 3 137 1 500 2 500 66 7 4320 Utilities 36 382 36 500 37 500 2 7 4340 Printing and Publishing 524 0 0 4360 Subscriptions Memberships 253 300 300 0 0 4370 Travel Training 164 400 400 0 0 4375 Promotional Expense 1 598 300 1 600 433 3 4510 Repair Maintenance Building 2 904 2 500 3 000 20 0 4530 Repair Maintenance Equip 439 1 000 1 000 0 0 4590 Misc Contractual Services 2 622 500 1 000 100 0 TOTAL CONTRACTUAL SERVICES 48 307 43 500 47 800 9 9 TOTAL RECREATION CENTER 256 666 269 100 273 200 1 5 45 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1540 Lake Ann Park Operations 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INCICDEC 4020 Salaries Wages Temp 9 130 12 800 12 200 4 7 4021 Overtime Temp 60 500 500 0 0 4030 Contributions Retirement 703 800 800 0 0 4050 Workers Compensation 215 300 300 0 0 TOTAL PERSONAL SERVICES 10 108 14 400 13 800 4 2 4120 Supplies Equipment 3 349 3 800 100 0 4130 Supplies Program 10 654 9 100 8 600 5 5 4240 Uniforms Clothing 500 500 500 0 0 TOTAL MATERIALS SUPPLIES 14 503 13 400 9 100 32 1 4300 Fees Services 26 759 31 800 31 800 0 0 4310 Telephone 3 069 3 600 3 600 0 0 4320 Utilities 9 171 8 300 15 000 80 7 4340 Printing Publishing 133 300 1 000 233 3 TOTAL CONTRACTUAL SERVICES 39 132 44 000 51400 16 8 TOTAL LAKE ANN PARK OPERATIONS 63 743 71 800 74 300 3 5 46 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1550 Park Maintenance 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INCDEC 4010 Salaries Wages Reg 409 215 422 800 435 400 3 0 4011 Overtime Reg 6 600 8 000 8 000 0 0 4020 Salaries Wages Temp 79 339 79 000 82 000 3 8 4021 Overtime Temp 1 094 3 000 3 000 0 0 4030 Contributions Retirement 60 628 58 800 61 700 4 9 4040 Contributions I nsurance 64 125 71 000 71 700 1 0 4050 Workers Compensation 11 460 9 500 11 500 21 1 TOTAL PERSONAL SERVICES 632460 652 100 673 300 3 3 4120 Supplies Equipment 32 762 32 000 32 000 0 0 4140 Supplies Vehicles 6 237 8 000 8 000 0 0 4150 Maintenance Materials 35 976 33 000 33 000 0 0 4151 Irrigation Materials 2 604 3 000 3 000 0 0 4240 Uniforms Clothing 1 344 2 800 2 800 0 0 4260 Small Tools Equipment 804 2 500 2 500 0 0 TOTAL MATERIALS SUPPLIES 79 727 81 300 81 300 0 0 4300 Fees Services 20 455 18 000 22 000 22 2 4310 Telephone 3 604 3 700 3 700 0 0 4320 Utilities 6 952 6 000 6 000 0 0 4340 Printing Publishing 203 400 400 0 0 4350 Cleaning Waste Removal 5 382 9 000 6 000 33 3 4360 Subscriptions Memberships 588 400 400 0 0 4370 Travel Training 563 2 000 2 000 0 0 4400 Rental Land Buildings 26 068 23 500 28 500 21 3 4410 Rental Equipment 4 643 2 000 2 000 0 0 4440 License Registration 450 700 700 0 0 4510 Repair Maintenance Building 2 191 3 000 3 000 0 0 4520 Repair Maintenance Vehicles 372 2 500 2 500 0 0 4530 Repair Maintenance Equip 17 016 6500 6 500 0 0 4531 Repair Maintenance Radios 500 500 0 0 4560 Repair Maintenance Signs 3 795 4 000 4 000 0 0 4933 Sales Tax 83 0 0 TOTAL CONTRACTUAL SERVICES 92 364 82 200 88 200 7 3 4705 Other Equipment 3 956 4 000 4 000 0 0 TOTAL CAPITAL OUTLAY 3 956 4 000 4 000 0 0 TOTAL PARK MAINTENANCE 808 507 819 600 846 800 3 3 47 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1560 Senior Citizens Center 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INClDEC 4010 Salaries Wages Reg 25 652 26 900 32 200 19 7 4030 Contributions Retirement 3 503 3 700 4 500 21 6 4040 Contributions I nsurance 300 100 0 4050 Workers Compensation 90 200 200 0 0 TOTAL PERSONAL SERVICES 29 246 31 100 36 900 18 6 4120 Supplies Equipment 410 300 300 0 0 4130 Supplies Program 3 143 3 500 4 000 14 3 TOTAL MATERIALS SUPPLIES 3 553 3 800 4 300 13 2 4300 Fees Services 17 570 16 500 18 500 12 1 4340 Printing Publishing 100 100 0 0 4350 Cleaning Waste Removal 200 200 0 0 4360 Subscriptions Memberships 20 100 100 0 0 4370 Travel Training 139 300 300 0 0 4375 Promotional Expense 164 200 200 0 0 4380 Mileage 95 100 100 0 0 TOTAL CONTRACTUAL SERVICES 17 988 17 500 19 500 114 TOTAL SENIOR CITIZENS CENTER 50 787 52 400 60 700 15 8 48 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1600 Recreation Programs 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 81 009 84 600 85 200 0 7 4020 Salaries Wages Temp 35 813 64 300 57 100 11 2 4021 Overtime Temp 354 200 400 100 0 4030 Contributions Retirement 13 635 14 900 12 500 16 1 4040 Contributions I nsurance 9 906 10 600 11 200 5 7 4050 Workers Compensation 1 157 1 000 1 200 20 0 TOTAL PERSONAL SERVICES 141 875 175 600 167 600 4 6 4120 Supplies Equipment 2 000 2 000 0 0 4130 Supplies Program 13 555 13 100 13 600 3 8 4240 Uniforms Clothing 555 1 500 1 500 0 0 TOTAL MATERIALS SUPPLIES 14 110 16 600 17 100 3 0 4300 Fees Services 45 019 47 400 57 200 20 7 4310 Telephone 1 252 3 300 3 200 3 0 4320 Utilities 2 596 2 500 2 800 12 0 4330 Postage 200 200 0 0 4340 Printing Publishing 3 587 4400 4400 0 0 4360 Subscriptions Memberships 280 0 0 4370 Travel Training 220 500 500 0 0 4380 Mileage 75 500 500 0 0 4400 Rental Land Buildings 4 096 5 500 6 500 18 2 4410 Rental Equipment 11 291 17 700 18 200 2 8 TOTAL CONTRACTUAL SERVICES 68 415 82 000 93 500 14 0 TOTAL RECREATION PROGRAMS 224400 274 200 278 200 1 5 49 CITY OF CHANHASSEN 2008 BUDGET 101 General Fund 1700 SelfSupporting Programs 2007 to 2006 2007 2008 2008 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 20 252 21 200 21 300 0 5 4020 Salaries Wages Temp 2 882 13 600 8 900 34 6 4030 Contributions Retirement 3 021 3 300 3 100 6 1 4040 Contributions Insurance 2476 2 600 2 800 7 7 4050 Workers Compensation 106 100 100 0 0 TOTAL PERSONAL SERVICES 28 738 40 800 36 200 11 3 4120 Supplies Equipment 277 600 600 0 0 4130 Supplies Program 7432 8000 8 100 1 3 TOTAL MATERIALS SUPPLIES 7 709 8600 8 700 1 2 4300 Fees Services 100 377 82 100 82 700 0 7 TOTAL CONTRACTUAL SERVICES 100 377 82 100 82 700 0 7 TOTAL SELFSUPPORTING PROGRAMS 136 823 131 500 127 600 3 0 50 CITY OF CHANHASSEN TAX LEVY 2008 Budget 2007 2008 Percent TAX CAPACITY BASED TAX LEVY Levy Levy Increase General Fund 6 558 100 6 853 900 4 51 295 800 Capital Replacement Fund for equipment 824 000 824 000 0 00 Pavement Mgmt Fund for street trail pavement maint 250 750 267 875 6 83 Special Assessment Debt 129 500 100 000 22 78 General Obligation Debt 488 280 484 873 0 70 General Obligation Debt 212 Bonds 80 000 285 000 256 25 Debt of Other Agencies EDA 122 548 122 703 0 13 TOTAL TAX CAPACITY BASED TAX LEVIES 8453 178 8 938 351 5 74 MARKET VALU E TAX LEVY Park Referendum 696 500 695 900 0 09 Library Referendum 489 100 490 700 0 33 TOTAL MARKET VALUE TAX LEVY 1 185 600 1 186 600 0 08 Use of cash reserves 63 000 269 986 TOTAL TAX LEVY 9 575 778 9 854 965 2 92 Dollar Increase 279 187 Scenario 1 Scenario 2 Scenario 3 Taxes applied to General Fund 6 853 900 6 782 900 6 747 100 Capital Replacement 824 000 824 000 824 000 Pavement Mgmt 267 875 267 875 267 875 Total Levy subject to levy limits 7 945 775 7 874 775 7 838 975 Bond Funds 2 179 176 2 179 176 2 179 176 Reduction in OS Levy 269 986 269 986 269 986 Total 9 854 965 9 783 965 9 748 165 Tax Generation Capacity Prior Year 9 575 616 9 575 616 9 575 616 New Construction 172 361 172 361 172 361 Exsiting MV Inc 0 0 0 TIF Dist 1 0 0 0 Eden Trace TIF 0 0 0 Gateway TIF 0 0 0 Total Capacity 9 747 977 9 747 977 9 747 977 Net Effect on existing property owners 1 10 0 37 0 00 51 5 Q c c Q EiU c XN U O I NaUmcOUS 15 Q eoj9a1j o C Q I Q u C o lD 0 o 00 a u S U o Mai gu 0 Q Q o J 00 C I 8 g NOlD U u glOCOOOgal N NOODMtf OOOOOOOOOOO tONtOCTIC JOOOOOOOOOO v ll ll roCOCJvll O COO t ll roID ro ro NN NMMtCJmOCONOOOOOODDllllllllllllllllll COOOMMlOO VVOOJOlOtDv NNNNCfcD NClC lClC lCI gggggggggggggggg lOD DOvvroClvlOo com lOIDcDroNNNMMtCICOCODmmmooooo VVVlOlOlOlOlOlOlOlOlO 0000000000000000 0000000000000000 t t MvvOOClvlOO comtlO cDmo ID ro NN NMMtcocomQOomooooovvvvvvvlOlOlOlOlOlOlOlOll 00000000 COLOcnt ct D ar Ci 0 0 co to D Q C oaU roJ Q 0 u D co mo C1 I v lOtO t com 0 0000 ClCJ0000000000000000 CIC 1C1C 1CIC IClC lClC lClC lClC IClC I N oi M oi oi o oo ci o oo o ci o to to iii oo to oi o o N O o o N ooi oo 0 00 N ij 5I iii 1 J omooooOOOOOOOOOOOOOOffiNmmmmmmmmmmmmmmmmmm Mmmmrororororororororororororororo M OOMMMMMMMMMMMMMMMM C BllX W Rgggggggggggggg mmlOMNwO tOON o c B r X ll W OOOMm 00 to J 00 m M Cl anMaicia5 cowO Cl iN Nil 0 u NroIDMmDDDDDDDDODDDDDO IDN omNOOOOOOOOOOOOOO m roroN o rom oooo roIDmmMIDMID NmNMM OOOO o mNOOOO NMMMMNNNN mm IDm ID N N Q ID romo NM ID romONMOOOONNNNNN 00000000000000000000NNNNNNNNNNNNNNNNNNNN C o o 0NOO u 000000000000000 00000000000000000 000000000000000 0 000000000000000 0 MMMMMMMMMMMMMMM iii ro u0 oU N3 0 00000000000000000ggggggggg88888888 00000000000000000 m mmmmmmmmmmmmmmNNNNNNNNNNNNNNNNN u C 00olD NN cj 0000000000000000000000 00000000000 ci 0 u u Il u m m to tOtO rococococococorocoroco NCJC JNCJNNNN E 0 a 00 E l a 00 to0 a 00 E 8 NO Q a 00 m comONMvll m COmO NM 1lOOOONNNNNN 00000000000000000000NNNNNNNNNNNNNNNNNNNN N Ii M cD N o M ci oo o ci N i gNO6 0 oj1E s g si 0 c 0 0 06 0 c c 0 C 0 0000 c E 0 o 0ti0ewa liic c w 0 28 o w 1 j c Q w1ii 0 i Iii u wj 5E c 26gc i 0 0 0 1 0 U D 0 c ffiMC 0jc0 c 5 w g c c0 9 E 3 0 cM 0 0 J59w 9 w c IncCi21wl 0 wcll F o oo iii N N ij 5I 52 CITY OFCHANHASSEN KEY FINANCIAL STRATEGIES Inflation Assumptions for General Fund Revenue 3 00 Expenses 3 00 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 GENERAL FUND ACTUAL ACTUAL ACTUAL ACTUAL Budget PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED REVENUE GENERAL PROPERTY TAX 6 118451 6461 356 6 229 593 6 185 311 6 288 100 6476 743 6 671 045 6 871 177 7 077 312 7 289 631 LICENSES 119 905 102 636 132 932 99 809 107 500 110 725 114 047 117468 120 992 124 622 PERMITS 1 265 597 1 191420 1 027 205 1 346 154 1 417 800 1 460 334 1 504 144 1 549 268 1 595 746 1 643 619 FINES PENALTIES 43 732 61 801 104 962 162 946 116 500 159 995 164 795 169 739 174 831 180 076 INTERGOVERNMENTAL REVENUE 223 618 360 226 219 511 237 109 205 000 211 150 217 485 224 009 230 729 237 651 CHARGES FOR CURRENT SERVICES 609 512 721470 697 532 699 228 660 500 680 315 700 724 721 746 743 399 765 701 OTHER REVENUE 334 072 168 644 390 112 386 321 247 000 314410 323842 333 558 343 564 353 871 TOTAL REVENUE 8 714 887 9 067 553 8 801 847 9 116 878 9 042 400 9 413 672 9 696 082 9 986 965 10 286 574 10 595 171 EXPENSES EXCL CAPITAL COSTS GENERAL GOVERNMENT 1 548 062 1 751 744 1 822 354 1 859 326 1 959 200 2 017 976 2 078 515 2 140 871 2 205 097 2 271 250 LAW ENFORCEMENT 2424 125 2429 464 2 525 399 2 614437 2 837 600 3 022 728 3 188410 3 359 062 3459 834 3 563 629 PUBLIC WORKS 1 678 314 1 773 655 1 823 564 1 967 815 2 089400 2 152 082 2 216 644 2 345 644 2478 513 2 615 369 COMMUNITY DEVELOPMENT 312 446 325 917 362 100 383 979 411 900 424 257 436 985 450 094 463 597 477 505 PARKS AND RECREATION 1 632 218 1 620 979 1 592 911 1 670 616 1 744 300 1 796 629 1 850 528 1 906 044 1 963 225 2 022 122 OTHER USES 815 000 807 786 2 751497 TOTAL EXPENSES 8 410 165 8 709 545 8 126 328 11 247 670 9 042 400 9413 672 9 771 082 10 201 715 10 570 266 10 949 874 REVENUE OVER UNDER EXPENSES 304 722 358 008 675 519 2 130 792 75000 214 750 283 692 354 703 Fund Balance 5 917 535 6 275 543 6 951 062 4 820 270 4 820 270 4 820 270 4 745 270 4 530 520 4 246 828 3 892 124 Polley for Cash Flow 3 328 530 3 224 552 3 211 210 3 246 550 3 343 947 3 444 265 3 547 593 3 654 021 3 763 641 Catastrophic Reserve 1 218 949 1 687 151 1 300 000 1 300 000 1 300 000 1 300 000 1 300 000 1 300 000 4 443 501 4 898 361 4 546 550 4 643 947 4 744 265 4 847 593 4 954 021 5 063 641 Percentage of Fund Balance Per Policy 50 0 50 0 50 0 50 0 50 0 50 0 50 0 50 0 Excess Fund Balance 1 832 042 2 052 701 273 720 176 324 76 005 102 323 423 501 816 814 3 892 124 Assumptions Added On 2006 2007 2008 2009 2010 2011 2012 Permit Revenue Expenses General Government Law Enforcement 100 000 75 000 75 000 Public Works 62 500 Parks and Recreation 100 000 75 000 137 500 Policy for cash flow is 1 2 of next years property tax and intergovernmental revenue Catastrophic reserve informal policy is cash flow policy listed above plus 15 of next years expenditures New Law enforcement employees include 1 2 New Investigator in 2008 1 2 Patrol Officer School Resource Officer in 2008 1 2 New Investigator in 2009 1 4 Patrol Officer in 2009 3 4 Patrol Officer in 2010 53 C 0 o N CO r III Q W N 0 o N CO r III Q W CI 0 CO C C o CI CI CO CI C o t CI 0 CO CIO 0 t g N CO CI cir III Q W en o III i Q J ij o I oll o I Q co 0 co I r Q III III co r co o o 3 w CDgo 1 0 LLN ij r 0 u III 0 W Itgo0 LLN ltgo0 LLN a 0 LLN co co Ltl Ci t5CIci Ltl D Ltl I D t C CI 0 ci co Ltl C CI D 0 D gCIci co C co C cO CI ci CI CI 0 0 0 N Ltl C C o 0 CI C Ltl o 0 0 ci C 0 0 Q Q ro ro co co t ro ro U x ro ro I I C Ltl 0 D co 0 0 C CIO N0coco 0 t N r Q 0 en ffl ffl N Ltl eft D co 0 0 CIO toi N0 0 co co 0 N r CI Q 0 en ffl ffl Ltl 0 0 0 0 0 0 CIO oi N0coLtl0 N r co CIQai en ffl ffl co co eft co D co C t6 0 N0 0 CI N Ltl CI ai w ffl J 0 0 0 D 0 CD CO 0 J 0 t t ci Ltl I 0 CNai0 ffl t eft Ltl co Ltl CI It ai 0 00 0 C 0 N t co ai ffl I eft D 0 0 lt ai ci0 0 C N D oi ffl D C 00 0 C N D oi ffl Q Q ro ro Q t Et Ec C J Q 0 l eE0Q 0 ll I 54 INVITATION TO DAVE HUFFMAN 5K MEMORIAL RUN o It is my pleasure to invite you to the 8th annual Dave Huffman 5K Memorial Run Dave Huffman was an active member of our community and a Chanhassen Park Recreation Commissioner Huffman died in an automobile accident in Illinois in 1998 The USATF certified race will be held on Saturday September 8 beginning at 9 a m in City Center Park just north of City Hall Registration information can be found on the city s website or you can register on race day beginning at 7 15 a m There are several age divisions ranging from under 13 to 60 a wheelchair division and a free Kid s Fun Run for those ages 4 11 There will be an awards ceremony following the race and prizes will be awarded in each category Proceeds from the race are donated to the Chanhassen Boy Scouts Feed My Starving Children and the Chanhassen Area Chamber for Commerce for student scholarships I hope you can join us for this great event in memory of Dave Huffman D 55 CHANHASSEN CITY COUNCIL WORK SESSION AUGUST 13, 2007 Mayor Furlong called the work session to order at 5:35 p.m.. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Paul Oehme, Todd Hoffman, Greg Sticha, Charlie Siegle, and Lori Haak UPDATE ON LICENSE CENTER IN CHANHASSEN. Kate Aanenson provided an update on the work that's been done with Carver County to date in selecting a site in Chanhassen for a license center. She introduced Steve Taylor with Carver County Administrative Services who informed the council that the county is currently working to secure the property located at 7808 Kerber Boulevard. He provided the particulars of a verbal agreement with the owner regarding escrowed money for soil corrections, size and layout of the facility, timing for approvals from the County Board and construction timeline. Mayor Furlong asked for clarification on the location of the drive thru and asked staff to watch for stacking as the plans proceed. 2008 BUDGET. Greg Sticha highlighted changes made to expenditures and revenues which impact the levy amount using assumptions from Carver County that the new construction estimate will be 1.8% less than anticipated. Adjustments were also made for cost of living, wage adjustments and health care costs. He outlined 3 scenarios for the projected levy and their impact on taxpayers. Option 1 would be to levy the entire amount needed to balance the budget as submitted resulting in a 1.1% increase in property taxes. Option 2 would eliminate the current vacant building inspector position saving $71,000 to the general fund and balance the remaining $35,800 by using levy dollars, resulting in a .37% increase in taxes. Option 3 would eliminate the current vacant building inspector position and cut expenditures or look for additional revenues totally $35,800 to keep the levy at $6,747,100, or 2.9% higher than the general fund levy from 1007, resulting in 0% increase in taxes. Staff recommended Option 1 which would provide the greatest flexibility for the Truth in Taxation notices. Councilwoman Ernst asked where additional revenue would come from for Option 3 which calls for a 0% increase. Councilman Peterson asked for actual versus projected growth numbers from Carver County. Councilman Litsey stated he would like to see the city get realistic with their numbers and not under fund the budget to provide a cushion for infrastructure projects in the future. Councilman Peterson noted that according to the survey taken by city residents, taxes were their main focus. Greg Sticha asked for council direction so staff can set a number for the preliminary levy which needs to be approved at the September 10th City Council meeting. Councilman Peterson asked to see the fund balance spread sheet. Councilwoman Ernst asked if the city has explored the use of federal grant money for street improvement projects. Councilman Litsey stated he would support 56 City Council Work Session - August 13, 2007 Option 1 with additional money added for additional leeway. Councilman Peterson asked to review this item again at a work session and will call staff with specific questions. Mayor Furlong asked to see the net receivables for special assessments. Councilman Litsey asked to see the game plan for future street improvements. Councilwoman Ernst stated she would also give staff a call with specific questions. WATER SUPPLY & LAWN SPRINKLING UPDATE. Todd Gerhardt reviewed the daily usage chart and provided an update on the storm that occurred over the weekend. Paul Oehme reviewed the daily usage numbers for the last month and provided an update on the well pump repairs, noting two wells are still down. Mayor Furlong asked what the daily water usage number are in the winter, noting compliance from residents was very good. He encouraged residents to continue with their conservation. Todd Gerhardt explained how the city water systems compared with private well systems. Paul Oehme showed graphics explaining the "Hydrologic Cycle" and aquifer locations within the city. The work session was recessed at 7:00 p.m.. It was reconvened at 7:25 p.m.. UPDATE ON WETLAND REGULATIONS AND FOX/DORSEY APPEALS. Brad Wozney from the Board of Water and Soil Resources (BWSR) was available to answer questions. Kate Aanenson reviewed the Wetland Conservation Act (WCA) and how those regulations affect the City in their review of the Fox/Dorsey appeals of Wetland Exemption Determination. Lori Haak reviewed the state and local standards that affect the city, and specifically how the process and regulations apply to the application submitted by Fox/Dorsey. Roger Knutson explained the role of BWSR in the appeal process, noting they have the final say if someone appeals the decision by the City Council. He also explained how changes in state law that went into effect on August 6th affect this appeal. Brad Wozney explained that generally the rule changes are to meet state statute. Mayor Furlong asked for clarification on how the appeal process will work with the City Council and what laws will apply. Roger Knutson explained that this is the first time in the history of the city that an item like this has been appealed. WATER SUPPLY & LAWN SPRINKLING UPDATE, (CON'T). Paul Oehme continued with his presentation asking that the sprinkling ordinance be strictly enforced for the rest of the summer while investigating improvements to Wells 2, 5 and 6 and setting up a pumping schedule. Staff will also investigate the redevelopment of the Minnetonka Middle School West well site and the potential advance of installation of the new well. Mayor Furlong asked how soon the council would need to make a decision for well improvements for next year. Paul Oehme stated approval should be made in the September-October timeframe. Todd Gerhardt explained the difficulty of obtaining permits from the DNR for new wells versus redevelopment of existing wells. Mayor Furlong asked about quality versus quantity. Councilwoman Ernst asked if there was anything the city could do now to avoid problems in the near future. Mayor Furlong asked about options for improving existing wells. Todd Gerhardt stated staff will continue to monitor the situation and will bring back a report to the council in the next month. Councilman Peterson asked if the school has considered providing their own well 2 57 City Council Work Session - August 13, 2007 3 and not using the city's treated water. Todd Gerhardt explained the possibility of using "gray water" for larger users. PUBLIC WORKS FACILITY EXPANSION. Paul Oehme gave a power point presentation showing the purpose of the public works facility program study explaining what is public works, the current facility and operations which were built in 1987, the existing building layout and proposed expansion, and current problems with storage for the street and fleet departments. Staff has identified four solutions. Number 1 would be an expansion to the existing site which would not accommodate the needs for the total build out of the city. Number 2 would be constructing a new facility on the property currently owned by the City on Park Place. Number 3 would be leasing space from the former Emplast facility at 950 Lake Drive, which staff considers not to be cost effective. Number 4 would be buying land and constructing a new facility on Outlot F in the Chanhassen Lakes Business Park. Staff is recommending Option 2 which would include constructing a new facility on the property currently owned by the city at Park Place. Mayor Furlong confirmed that all council members were in agreement that something needed to be done. Councilman Peterson stated the current public works building's size is very marketable right now and suggested leasing space to other governmental agencies i.e. MnDot or Southwest Metro Transit as a revenue source. He also suggested saving architectural fees by duplicating buildings that have already been built in other communities. Mayor Furlong noted he recognized the need to do something and asked staff to explore the Park Place option, looking at saving money on architectural fees by using existing building plans and material costs. Councilman Litsey suggested selling the existing facility and Park Place property to buy new site. Council members discussed the pros and cons of using the existing Victory Envelope building. Mayor Furlong adjourned the work session meeting at 9:15 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 58 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES AUGUST 13, 2007 Mayor Furlong called the meeting to order at 7:05 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson COUNCIL MEMBERS ABSENT: Councilman Litsey STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Rick Dorsey 1551 Lyman Boulevard Kurt Papke Planning Commission PUBLIC ANNOUNCEMENTS: INVITATION TO CHANHASSEN DAY AT THE ARBORETUM. Mayor Furlong invited all Chanhassen residents to a free day at the Minnesota Landscape Arboretum on Friday, August 17th. CONSENT AGENDA: Councilwoman Ernst moved, Councilwoman Tjornhom 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 July 23, 2007 -City Council Summary and Verbatim Minutes dated July 23, 2007 Receive Commission Minutes: -Planning Commission Work Session Minutes dated July 17, 2007 b. Dogwood Road/Tanadoona Drive Improvement Project 06-06: 1) Approve Camp Tanadoona Easement Acquisition 2) Approve Change Order for Construction of Pond 3) Approval of Wetland Alteration Permit c. Resolution #2007-52: Lakeside Third Addition: Approval of Final Plat. d. Boulder Cove: Approval of Filing Extensions for the Plat and Development Contract. 59 City Council Summary - August 13, 2007 2 e. Resolution #2007-53: Koehnen Area Street Improvement Project 07-01: Approve Change Order No. 1 for Directional Bore of Storm Sewer. f. Approval of Expansion to Liquor License Premises for a Charity Event, August 16, C.J.'s Coffee & Wine Bar, 600 Market Street. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: REQUEST FOR ON-SALE BEER & WINE LICENSE, FRANKIE'S PIZZA, PASTA & MORE, 7850 MARKET BOULEVARD. Laurie Hokkanen presented the staff report on this item. Councilman Peterson asked for clarification on the regulations pertaining to the outdoor patio area. Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve the request for an inside on-sale beer and wine license for NU-Endeavors Pizza, Inc., dba Frankie's Pizza, Pasta & More at 7850 Market Boulevard. All voted in favor and the motion carried unanimously with a vote of 4 to 0. CONSIDER AMENDMENT TO CITY CODE REGARDING LAWN SPRINKLING RESTRICTIONS. The City Manager asked that this item be tabled to allow staff additional time to work with the City Council at a work session to talk about big picture restrictions and capital improvements. Councilman Peterson moved, Councilwoman Ernst seconded to table the amendment to the City Code Regarding Lawn Sprinkling Restrictions. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Councilman Peterson provided an update on Southwest Metro Transit projects. Mayor Furlong thanked residents for their compliance with the lawn sprinkling restrictions. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt provided an update on the Highway 41 river crossing meetings attended by himself and Mayor Furlong with the communities and counties involved and MnDot representatives. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman Peterson seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:20 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 60 CHANHASSEN CITY COUNCIL REGULAR MEETING AUGUST 13, 2007 Mayor Furlong called the meeting to order at 7:05 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson COUNCIL MEMBERS ABSENT: Councilman Litsey STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Kate Aanenson, Paul Oehme, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Rick Dorsey 1551 Lyman Boulevard Kurt Papke Planning Commission PUBLIC ANNOUNCEMENTS: INVITATION TO CHANHASSEN DAY AT THE ARBORETUM. Mayor Furlong: Very good and thank you. Welcome to all those watching at home this evening. We're glad you joined us and those here as well. At this time, without objection we'll proceed with the agenda that was distributed with the council packets. I'd like to start with an invitation to Chanhassen Day at the Arboretum. That is this coming Friday, August 17th at the Minnesota Landscape Arboretum. This is again in conjunction with the city. All residents, all Chanhassen residents are invited to come out to the Arboretum this coming Friday, August 17th. Admission will be free with a valid ID. It's a great opportunity to come out and see many of the natural, some great natural treasures here in our city. The day begins at 9:00 a.m. in the morning. At 10:00 a.m. Arboretum Director Peter Olin and I will give a special welcome to those visitors gathered in the Great Hall of the Visitor's Center. There'll be complimentary bagels and coffee. Gifts for the first 200 visitors that come and if last year's any indication, those gifts will go early. Also it will rain on Friday, if the last 3 years are predictors so Mr. Gerhardt enjoys that. There will be free guided walking tour through the Arboretum. The tram will be there again this year. That will take people around for a ride, the 3 mile drive. Also Art to A-Maze exhibit is open this year for the first time. It's a maze with hedges I believe and it should be a lot of fun for the children. Representatives from the City of Chanhassen, the Environmental, Park and Recreation Commissions, Carver County Environmental Services will be on hand to answer your questions as well as representatives from the Arboretum. This is a great day to really appreciate the Arboretum opening it's doors to us and inviting us to come out so I hope that there's good attendance there. Look forward to seeing everybody this Friday. 61 City Council Meeting - August 13, 2007 CONSENT AGENDA: Councilwoman Ernst moved, Councilwoman Tjornhom 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 July 23, 2007 -City Council Summary and Verbatim Minutes dated July 23, 2007 Receive Commission Minutes: -Planning Commission Work Session Minutes dated July 17, 2007 b. Dogwood Road/Tanadoona Drive Improvement Project 06-06: 1) Approve Camp Tanadoona Easement Acquisition 2) Approve Change Order for Construction of Pond 3) Approval of Wetland Alteration Permit c. Resolution #2007-52: Lakeside Third Addition: Approval of Final Plat. d. Boulder Cove: Approval of Filing Extensions for the Plat and Development Contract. e. Resolution #2007-53: Koehnen Area Street Improvement Project 07-01: Approve Change Order No. 1 for Directional Bore of Storm Sewer. f. Approval of Expansion to Liquor License Premises for a Charity Event, August 16, C.J.'s Coffee & Wine Bar, 600 Market Street. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. PUBLIC HEARING: REQUEST FOR ON-SALE BEER & WINE LICENSE, FRANKIE'S PIZZA, PASTA & MORE, 7850 MARKET BOULEVARD. Laurie Hokkanen: This is a request for an on-sale beer and wine license. The restaurant is located across the street here. You had dinner from there tonight for frame of reference. Law enforcement ran the background checks on all the officers and found nothing in the background checks. You are required to hold a public hearing of which notices were both published and mailed to surrounding property owners. Staff does recommend approval of this license. Mayor Furlong: Thank you. Any questions for staff? If not, this will be a public hearing so we'll go ahead and open the public hearing and invite all interested parties to come forward and comment on this matter. Seeing no one, without objection we'll close the public hearing and bring it back to council for comment or a motion. 2 62 City Council Meeting - August 13, 2007 Councilman Peterson: Laurie I do have a question I guess. I know we have a Thai restaurant we had an issue or question about it going outdoors. I know Frankie's has an outdoors area. Do we do that by individual location or how do we do it, if we do it? Laurie Hokkanen: Can I defer to Roger? Councilman Peterson: Don't pull the mic close up to you. There you go. We've got to train him somehow. Roger Knutson: That's right. It's by individual location. You may find some appropriate and you may find some inappropriate depending on where they are. Councilman Peterson: Okay. Is this. Roger Knutson: You have to license. When you grant a license it's for a specific location in a specific area. Councilman Peterson: Do we know whether or not this one is for the outside, because I know, I'm pretty sure they do have outside service. Todd Gerhardt: I think I'll check into that one. This is under new ownership. I don't know if they serve outside or not. I know in the last one it needed to be fenced off. Some type of security and let's check on that. If this application isn't for one, then they can't serve outside is the bottom line. So let's check on that and we'll get back to you. Mayor Furlong: With that question, is there any reason we can't go forward with an internal license here? Councilman Peterson: Absolutely. I'd make a motion to approve. Mayor Furlong: Okay, for an inside license? Councilman Peterson: Yes. Mayor Furlong: Okay. Alright, thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on that? And if they want to come back for an outside, we can deal with that. Is my understanding. Okay. Motion's been made and seconded. Any other discussion? Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve the request for an inside on-sale beer and wine license for NU-Endeavors Pizza, Inc., dba Frankie's Pizza, Pasta & More at 7850 Market Boulevard. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 3 63 City Council Meeting - August 13, 2007 CONSIDER AMENDMENT TO CITY CODE REGARDING LAWN SPRINKLING RESTRICTIONS. Todd Gerhardt: Mayor, if we could have this item tabled to allow staff additional time to work with the City Council at a work session to talk about big picture restrictions and how we might go about with some capital improvements. Mayor Furlong: Thank you. Is there a motion to table item 3? Councilman Peterson: So moved. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Councilman Peterson moved, Councilwoman Ernst seconded to table the amendment to the City Code Regarding Lawn Sprinkling Restrictions. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS: Mayor Furlong: Thoughts or comments. Councilman Peterson: I've got a couple, just to kind of give you a sense from both Southwest Metro's perspective and from TAB. This is the time of year we start doing, every 2 years there's funding. CMAC funding and other federal funding and state funding that we go through so everybody is starting to, and has submitted other applications respectively now and we'll start going through, we analyze everything on a point system with TAB and then do some moving around those with those points and allocate funds from there but you know there's essentially hundreds and millions of dollars that will be granted within the next few months so Southwest Metro is one of those vying for some of those funds, on both from the south, what do we call the one in 101 and. Mayor Furlong: Lyman? Southwest Village. Councilman Peterson: Yeah, Southwest Village or is it Southwest Station? I get them all mixed up. We still need funds for that and we potentially still need some more funds for the ramp you know adjacent to the Dinner Theater so we're fighting hard to allocate some of that funding to those. Hopefully by the end of November we'll know, have a better idea of what we can do with the construction has started on the Southwest Village and we're excited to get some cars in here by the end of next year. Mayor Furlong: Good. Other thoughts, comments? Council presentations. I'd like to make a quick comment. At our last meeting the council approved the watering restrictions, which were since lifted subsequently. First of all, it was an inconvenience to say the least for many and 4 64 City Council Meeting - August 13, 2007 outright frustration for some not to be able to continue to water. At the same time with some of the information we saw this evening in our work session, compliance was wonderful. Everyone in the city stepped up and even if they were frustrated or inconvenienced by it, they followed the rules and that is clearly something that all of us can be proud of. The restrictions have been generally lifted. We're, we've always been on odd/even. We're still on odd/even. Doesn't mean you have to water every other day but that's when you're allowed to. The staff has, at their discretion which the council approved, continued to restrict watering between 10:00 a.m. and 5:00 p.m. during the day so we ask people to continue to watch and monitor that and again comply as they have already so. Like to thank all the residents and businesses for their understanding and cooperation. Thank staff for their efforts during this time. We had some pumps go out. There was some mechanic problems. We've got some ground water issues in terms of lack of it. It's hard even if we've got a pump working, it's hard to pump water if the water's not there so want to thank everybody for their understanding and cooperation during this period and we'll come out better for it. I'm confident of that. Todd Gerhardt: Just to add to that Mayor. There is a letter in the administrative section we were thinking of publishing in the Chanhassen Villager this week and it's the thank you to the Chan residents and businesses that did follow the compliance of a total ban. And just to reiterate what the Mayor said, you did a fantastic job of helping us out in that and we wanted to show our appreciation by putting that thank you in the paper so if you have any comments or any changes that you want to make, this is going to go to the Villager tomorrow morning so let us know. Mayor Furlong: Very good, thank you. Anything else for council presentations? If not then, Mr. Gerhardt. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Big thing we worked on last week was the 41 river crossing. Review of the EIS. The Mayor and I attended a meeting with all the communities, counties involved. MnDot was represented at that meeting. It was insightful to hear the comments from each of the communities on which alternative they're leaning towards. Nothing really added regarding environmental concerns. Shakopee and Scott County are leaning towards E1-A kind of alternative and I think their basis for that is that reduces the traffic congestion on Scott County roadways. We did submit the letter to MnDot representatives this last Friday. We mailed it and also our email to their representatives and the 41 river crossing task group is going to be meeting here again in September reviewing everybody's comments that came out this last Friday so you know a decision on which alternative is still probably a year away. The mayors and city managers are going to meet again here in October to discuss kind of the findings based on everybody's letters and that's about it. Anything else you'd like to add on that Tom? Mayor Furlong: No, I think that's fair. I think MnDot has put in a lot of time and effort and I believe left no stone unturned in terms of raising the issues and addressing what the various impacts were and various alternatives so. Carver County I know provided a letter on Friday I believe based on their comments were technical in nature and the commissioners are still going to be discussing some alternatives going forward here in the coming weeks as well. As I think all of us will be continuing to monitor. 5 65 City Council Meeting - August 13, 2007 6 Todd Gerhardt: Yeah, we tried to highlight in our letter the emphasis on the easterly alignments. Their effects on the Assumption Creek, Seminary Fen and also in an…easterly alignment, whenever you pick an alignment, basically what you're doing is pushing that traffic burden onto whichever alignment you choose. However the easterly alignment, that pushes unfair burden onto 312. It could go as high as 20,000 additional cars per day on 312 when you pick an easterly alignment, so we emphasized that in our letter and again the ranking and weighting of each of the alternatives that we went through, we encourage MnDot to use those numbers and statistical information they provided us in selecting an alternative. That's all I have. Mayor Furlong: Thank you. Any questions for Mr. Gerhardt? Or for staff. No? CORRESPONDENCE DISCUSSION. None. Mayor Furlong: Is there anything else to come before the council this evening? If not, we will continue our work session items in the Fountain Conference Room immediately following. Councilwoman Ernst moved, Councilman Peterson seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:20 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 66 CHANHASSENPLANNING COMMISSION REGULARMEETING SUMMARY MINUTES AUGUST 7 2007 Acting Chair Papke calledthe meetingto order at7 00 p m MEMBERS PRESENT KurtPapke MarkUndestad Debbie Larson and KathleenThomas MEMBERS ABSENT Jerry McDonald Dan Keefe andKevin Dillon STAFF PRESENT Bob Generous Senior Planner Alyson Fauske AssistantCity Engineer and Joe Shamla ProjectEngineer PUBLICHEARINGREQUESTFORAWETLANDALTERATION PERMITTO CONSTRUCT ASTORM WATERPOND ON PROPERTY LOCATED AT 3300TANADOONA DRIVE PLANNING CASE 07 17 Public Present Name Address Gretchen Starks 3301 Tanadoona Drive Alyson Fauskepresented the staff reporton this item CommissionerLarson asked for clarification ofenvironmental manholes Commissioner Thomasasked for the number ofsquare feet being impacted in Option1 Commissioner Papkeasked for clarification on visibility from the lakeandsurrounding neighbors and thequality oftreesbeing lost The publichearing was opened Gretchen Starks 3301 Tanadoona Drive askedfor clarification on storm waterdrainageThepublichearingwasclosed Larson moved Thomas seconded that the Planning Commissionrecommends thatthe PlanningCommission approve Wetland AlterationPermit07 17topermit 2 100square feetofwetlandalteration subject tothe followingconditions 1 Erosion control blanketshall be installed on all slopesgreater thanor equalto3 1 All exposed soilareas shallhave temporary erosionprotectionor permanent coveryear round accordingto thefollowing table ofslopes and time frames TypeofSlope Time Maximum time an areacan Steeper than3 1 7 days remain openwhen the area 10 1to3 1 14 days is not actively being worked Flatterthan10 1 21 days 67 Planning Commission Summary August 7 2007 Theseareas include constructed stormwater management pond sideslopes and anyexposed soilareas with apositive slope toa stormwaterconveyance system suchas a curb and guttersystemstormsewerinlettemporaryorpermanentdrainageditchorothernaturalorman madesystems thatdischarge toa surface water 2 Aminimum ofsixtreeswill beplanted onsite Native species shallbe used 3 Treeprotection fencingshall be installed attheedgeofgrading limitsprior toany construction activity 4 Treeremoval limits shallbe inspected bythe Environmental Resources Specialist priorto anyremovals All voted in favorand the motion carriedunanimouslywith a vote of4 to0 APPROVAL OF MINUTES Commissioner Undestad noted the summaryand verbatim minutesofthe Planning Commissionmeeting dated June 19 2007 and the summaryminutes oftheworksessionmeetingdatedJuly172007aspresented OPEN DISCUSSION COMPREHENSIVE PLANDISCUSSION TRANSPORTATION ELEMENT Bob Generous reviewed transportation issues thatwill be addressed in the comprehensive plan update Acting Chair Papke adjournedthe PlanningCommission meeting at7 25 pm SubmittedbyKate Aanenson Community DevelopmentDirector PreparedbyNann Opheim 2 68 CHANHASSENPLANNING COMMISSION REGULARMEETING AUGUST 7 2007 Acting Chair Papke calledthe meeting toorder at7 00 p m MEMBERS PRESENT KurtPapke MarkUndestad Debbie Larson and KathleenThomas MEMBERS ABSENT Jerry McDonald Dan Keefe andKevin Dillon STAFF PRESENT Bob Generous Senior Planner Alyson Fauske AssistantCity Engineer and Joe Shamla ProjectEngineer PUBLICHEARING REQUESTFOR AWETLANDALTERATION PERMITTO CONSTRUCT ASTORMWATERPONDONPROPERTYLOCATEDAT3300TANADOONADRIVE PLANNING CASE 07 17 Public Present Name Address Gretchen Starks 3301 Tanadoona Drive Alyson Fauske presentedthe staff reporton this item Papke Okay wellstart with Commissioner Larson Larson Iwant toknowwhat an environmental manhole is Fauske Certainly Anenvironmental manhole is alarge storm sewer structureand whatitdoes ithas itessentially will swirlwater in through the manhole and through thatswirling action someofthe sediments will dropdown Larson Soisitacovered thing oris itan openholeor Fauske Its covered Larson Okay Fauske Completely covered underground Larson Soits not somethingyouwould see drivingdown a road Fauske You wouldnteven seeit It would just appearasa regular manhole cover The wholesystemisundergroundItsalargechamber 69 Planning Commission Meeting August 7 2007 Larson Okay Thankyou Fauske Yourewelcome Thomas Ido have a question on option1 Whatis theimpact You said thefeet on the option 2 Ibelieve the impact Whats the impacton option 1 Fauske Option 1 is 6 000 squarefeet of impact Thomas Thank you Noother questions Undestad No Noquestions Papke Sojust tomake sure Iunderstand the visibility from the lakehere with Option 2 with I think youmentioned itwas about 60 so 60 feet or sooftree coverage Fauske 640 Papke Are we expecting this tobe completely invisible from the lakesoboaters going bywont evenknow this isthere Fauske Thats correct Papke Okay You alsomentioned thatthere was somedifferential in the treeimpact there Any trees ofsubstance inthe area Are theseyouknow scrubtrees Elm or are thesebigoaks and maples Qualitatively should webe concerned about treeloss oranything ofthatsort Fauske Qualitatively a lotofthemhave sustained somedamage because ofthe seasonal inundation in looking through the report Idontknow that Ithink shesaid thatwasmostly sugar maples basswood forest in theupland area And theres not a lotofupland area withinthe area wed be ponding Papke Yeah Id expect there tobe boxelder youknowthings that would survivedegradation Fauske Correct and ones that couldnot sustain the inundationhave died Papke Alright Alright Any differential in visibility tothe surrounding properties The home tothe southis reasonablyclose tothis From theirperspective wouldthere be anyqualitative difference in the two proposals Fauske Yes therewill Therellbe some tree clearing along through here and wellbe talkingtothepropertyownersanditsstaffsrecommendationtoprovideupto6treesthatareappropriate for one the slope and two the amountofwater in thearea togivehimsomescreening We wanted toleave itopensothat the property ownercould work with staffsothat were not saying we willbe putting inthese types oftrees We wantedtowork with him See whathisscreening 2 70 Planning Commission Meeting August 7 2007 requirements are Does he want something more inline with whatwas in previouslyorwouldhe like tosee maybe screening with an evergreen sowereremaining flexible with that towork withthepropertyownerAndthentothenorthwherethecampiswevebeenhavingalotof conversations with thecamp You knowthere wasa lotof is this an attraction for campers to headover there and theres actually quite asubstantialwooded area from theirbeachlot for them totraveland findthe storm water basin Wefeelthatits reallyquite well hidden Papke Any other questions ofstaff Larson One more Can youpoint out on the mapwhere thedrainage manhole is Fauske Certainly The drainagemanhole thatwevealready shown and Iapologize its not areallycleardrawingThiswouldbetheroadwayThroughhereThemanholeoptionwouldbe approximately atthis location Papke Okay At this point Id like toopenup the public hearing for public comments If theres anymembersofthe community that would like togetup and speak or ask questions on thesepleasedosoIfyoudsteptothepodiumpleaseandgiveyournameandaddressforthepublic record Gretchen Starks Everybodyknows me Gretchen Starks 3301 TanadoonaDrive Ijust had a question on the property on thenew construction itsmy understanding that itwould put curbandgutterupisitgoingtobefrommydrivewayallthewayaroundorisitjusthalfwaydown now Fauske Therestwo differentkinds ofcurb Ofcurb and gutterstyle theyre looking at On the northside is what we call highback Its where itmeets the90 degree curb and thats becauseoftheslopesonthecamppropertyandtogetgoodflowcharacteristicsthroughthatOnthesouth side near where your wetland complex is its called aribbon gutter and thats essentiallyjust a concrete gutter togoand channel the flow and tokeep thedrainage characteristics Gretchen Starks Probably going downtoflow and there will be a culvert goingdown over tothenewretainingpondisthatcorrect Fauske There willbe two culverts GretchenStarks From my wheremine is Nothing hasbeenchanged so Papke It mightbe helpful topointout whereshelives Fauske Certainly Mrs Starks lives atthis locationright there Papke Oh okay Fauske What shesreferring toCommissioner Papke isthat theres a wetland complex right throughhere Onthe northsidewere not putting storm sewer in the majority ofTanadoona 3 71 Planning Commission Meeting August 7 2007 Drive because ofgrades sowere leaving thattothe existing flow conditionswhichis going to the south tothewetland complex through here and what werelooking at what Mrs Starksquestionisaswevebeenworkingwithherandherfolkstocomeupwithaplanforsome running alonghere her drivewaylocationis righthere The wetland is comingin in this location atthe westsideofthe berm because were unable toget thisstorm sewer tothe pond thatwere proposingso this willcarry a littlebitofrunoff Theres an existing culvertright heresowe need toputsomestorm sewer in through hereand thenofcourse further keep itfurther tothewestwellbereplacingtheculvertthatexistinglyconnectsthosetwodrainageways Gretchen Starks Sothe berm shouldalsokeep someofthatsouthand stufffrom the road Fauske Correct Gretchen Starks Storms inthe Fauske Yes It will channel ittothe west Gretchen Starks Excellent Thats all Iwanted Papke Thank you Any othermembers ofthe public like tocomment or question Okay Seeing none bring itbacktothe commissioners Any comments Issues Things youwantto discuss Larson No Imgood Papke Alright Illentertain a motion Larson The PlanningCommission recommendsthatthe City CouncilWetland Alteration Permit Isthis the correct one Papke Yep Larson 0 17 topermit2 100 square feetofwetland alteration subject tothefollowing conditions 1 through 4 Papke Okay Isthere asecond Thomas Second Larson moved Thomas seconded that the Planning Commissionrecommends thatthe PlanningCommission approve Wetland AlterationPermit07 17topermit 2 100square feetofwetlandalteration subject tothe followingconditions 1 Erosion control blanketshall be installed on all slopesgreater thanor equalto3 1 All exposed soil areasshall have temporary erosion protection orpermanent cover year round 4 72 Planning Commission Meeting August 7 2007 accordingto thefollowing table ofslopes and time frames TypeofSlope Time Maximum time an areacan Steeper than3 1 7 days remain openwhen the area 10 1to3 1 14 days is not actively being worked Flatterthan10 1 21 days Theseareas include constructed stormwater management pond sideslopes and anyexposed soilareas with apositive slope toa stormwaterconveyance system suchas a curb and gutter system storm sewer inlet temporary or permanent drainage ditch or other natural or man madesystems thatdischarge toa surface water 2 Aminimum ofsixtreeswill be planted onsite Native species shallbe used 3 Treeprotection fencingshall be installed attheedgeofgrading limitsprior toany construction activity 4 Treeremoval limits shallbe inspected bythe Environmental Resources Specialist priorto anyremovals All voted in favorandthe motion carriedunanimouslywitha vote of4 to0 APPROVAL OF MINUTES Commissioner Undestad noted the summaryand verbatim minutesofthe Planning Commissionmeeting dated June 19 2007 and the summaryminutes of the work session meeting datedJuly 17 2007 aspresented OPEN DISCUSSIONCOMPREHENSIVE PLANDISCUSSION TRANSPORTATION ELEMENT Papke Sonowwellhave ouropendiscussion ofthecomprehensive plan Members ofthe public yourewelcome tostick around tolisten tothis Itsnot a public hearing We wontbevotingonanythingThisisbutifyoudliketohearalittlebitaboutwhatshappeningwith transportation youre welcome tolisten Dowe want tomeetinformally or should westayup here Generous You canstayup there Idonthave anything toput up Well Ihave this PartofitwelltalkaboutsomeoftheroadprojectsAseveryoneprobablyheardthe212or312project is aheadof schedule and sowerelooking atthe opening up to41 this year potentially instead of just toPowers Boulevardsothats will be nice for us We wonthave the end ofthe freeway here andhopefully itwill helpwith someofourlocalroad issues Were looking atworkingwith Victoria Waconia and Norwood YoungAmerica on expanding theHighway 5 west fromChanhassenRightnowits4lanesuptothe41andthenitgoesbackto2lanesWithinboth the county Chanhassenscomp plan and the County plan we know thatitneeds tobe widened The County comp plan islooking atpotentially havingthat4 lanes west ofVictoria by2030 so So wereworking on that Thatsthe assumption theyre going on Wellsee iftheres enough 5 73 Planning Commission Meeting August 7 2007 funding todo that Thedraft Environmental Impact Statementfor thenewriver crossing thethcommentperiodendsonthe10TheCityhaspreparedasummaryletterthatweregoingtotheressomeissuesthatminorissueswehaveintheEISitselfDEISButbasicallywedidan analysis amatrix analysis ofthe rankings forthe 4alternatives and we the twoalternatives that theyactually tiedfor the least impacts based on ouranalysis werethe W2 which is themost westerly one and the C2 The worst one was actuallythe C2A and the twoeasterlyalignments in Chanhassen so Papke Sodid the City ofChanhassen makearecommendation for one ofthose roads thGenerousNotyetTheyhaveameetingonthe8 that theyre goingtoand then theyllsend our letterafter that Papke Ithink itwasin the Villager or somethinglike that There wassome discussionabout apparentlyCarver wasntreal happy with the westerly route Generous Well and alsoChaska had said thatthat was their preferred alignmentand so Papke Right I knowthere was somecontroversy aboutthe historical natureoftheproperty that theywantedtorunitthroughthe old fair groundsor Generous As theysaid and youprobably read in thearticlethatno one really wants itin theircommunity Papke Right Generous They want everyone agrees thatwe needariver crossing but Papke Itsthe old NIMBY problem Not in myback yard Generous And so wetried todo it youknowbased on the information in theDIS and rank each alternativebysocial environmental impactsand itactually came out that thosetwo were theytiedIdidthematrixIdidntknowwhattheendresultwasIjustyouknowwhatthebest alternativefor each measure thatwelooked atand there were like 8 that we used and so sothat will begoing on Andthenthe rest ofthem were looking atsometransit issues and lets see here HennepinCounty and theeastern communities and the color doesntshowup very well on those maps Thismap represents thecorridors thatareunder studyfor transit ways One acommuterrailDedicatedbuswaysandlightrailtransitThecommuterraillinewouldbealong the Twin Cities and Westernline whichruns through downtown Chanhassen Initiallyas part of the proposedstudy theywere proposing touseGalpinand Lyman asapproximately the station for the trainstation and we toldthem thatwas unacceptablefor the City ofChanhassen That it needed tobe in ourdowntown area That metall ofthe characteristicsof for transit orienteddevelopmentIthadmixedlandusesWehavetheparkandridefacilitythereWewouldlook atexpanding thatand sowe said somewhere between Market Boulevard and Great Plains isa target area that they should lookatas part ofthis study And sotheyveagreed todo that As part ofthelightrail transit therestwo phases Theres a group transit league group that St 6 74 Planning Commission Meeting August 7 2007 Louis Park Eden Prairie and HennepinCounty hasbeen leading the charge on and theyre looking at theres 3 alternatives thattheyregoingontothe next phase ofenvironmental reviewtotrytodeterminewhichwouldbetheleastimpactonthatAndthenfromwheretheirstudy ends and their trailline lightrail line wouldend itwouldstart in the Chanhassen and therestwo alternatives were looking at The primaryone isin the 312 corridor Down themiddle its been designed topermitthat And then were alsoadvising that they should continue tolookatthe southerlyHennepin County Regional Rail trailcorridor thatgoes down on the close tothe riverbluffAndwhattheirresponsetouswasthatifthealternativelooksviableaspartofthisinitial study that itwasclose enough sothat they wouldlookatboth alignments todetermine in the nextphase ifitwas worth going forward and so wejust wantedtoleavethat open Because we have this theres some things downon theold 212 Flying Cloud Boulevardthat wemightdo differently iflight rail transit goes intothere So we arelooking atsomeland usechanges thateitheralternativewouldworkforbutthatonewemightaddadditionalmultifamilydownthere Papke Are anything ofthese projects between Highway 5 and the lightrail commuterrail anything weshouldbe thinkingabout for the comp plan thatwereworkingon here The impacts Generous Not really Its just were saying thatwere opentoall these as part ofthecompplan and wellsupportthe study We haveprovided opportunities tomakeitwork in ourcommunity iftheyusethe 312corridor down at101theres alreadythe park and ridefacility thats going in thereandtheres somecommercial and multi family development takingplacethere If we dotheregionalmallfromalandusestandpointsoitsreallythelandusestandpointandthe development alternatives We could asplannerswere going torecommend that welook atthe development atanyofthe station locations butthatwould in downtown we already dothat Papke Speaking ofthe regional mall the onlything I noticedlooking attheseis isnone ofthesegopasttheregionalmallso Generous Only the 312 corridor would Papke The 312 and thelight rail both comewithin maybe ahalfmileor somethinglike thatbutunliketheMallofAmericaforinstancewherelightrailstopsrightatthemallItlookslikenone ofthesewould actually stopright atthe mall is thatcorrect Generous Yeah the closest would be atPowersand Papke Or Lyman there itlooks like Itlooks like oneofthe lightrail alternativeshasastop on Lyman Boulevard there Generous Yeah and thatcan thats really adesign phase because whatthe study willdois use thattrafficanalysis information and see ifits what works feasible You have to doabenefitcostanalysisisoneofthethingsthattheydoOneofthemwillitmoveenoughpeopleinthat given location sothe interestingthing about the commuterrail isitwillgo all the wayout to Norwood Young America sowe wouldntbe theend ofthe line heresoI think thatis actually if 7 75 Planning Commission Meeting August 7 2007 youlookatthe numbers itsquicker That comes in togo downtown from Chanhassen thanto take lightrail Papke Fewer stops Generous Yes At least theyrelooking and still theres no fundingfor anyof this Papke Soin termsofour2020 comp plan noneofthese arelikelytohave anyimpact You mentionedHighway 5 Were talking 2030 Theseareprobably 2020atthis point Generous Yeah wellournext compplan will be a2030 plan sowecanrecommend itand we encourage thatwego lookfor federaland state funding and localcooperation Butwe reallywerenottheleadinanyofthisso Papke Veryuseful Very helpful Generous Andthen youknow aspart ofthe whole commuterrail thing is were not the onlycorridorthattheyrelookingatTheyhaveawholeoctopusoflinesthatwouldgooutThe North Star ithasnthad funding Only thefirstone thats done It will tieintodowntown and the Hiawatha rail line and then youhave the central corridor between Minneapolisand St Pauls probablythe next lightrail line togo forward but were all trying tomake sure that our future facilities arebeing looked atnow Andthey becomepart ofthe MetCouncils awareness andMnDotsThenIhaveyouknowtheonlythingIreallywouldbeinhereisIdidthedraft transportation goals and policies Ihad mostlywhat we had in thepast Iveupdated itwith some differentroadways but pretty close towhats there now That we do Ithink wedo a good job ofplanning local trafficin the regional systemsand inserting transit opportunities in most developments Papke Okay Any questions anyone Okay Ithink weredone Acting Chair Papke adjournedthe PlanningCommission meeting at7 25 pm SubmittedbyKate Aanenson Community DevelopmentDirector PreparedbyNann Opheim 8 76 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING SUMMARY MINUTES JULY 24, 2007 Chairman Stolar called the meeting to order at 7:30 p.m.. MEMBERS PRESENT: Glenn Stolar, Steve Scharfenberg, Tom Kelly, Thor Smith, Dan Campion, Paula Atkins and Jeff Daniel STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and John Stutzman, Recreation Supervisor APPROVAL OF AGENDA: Scharfenberg moved, Daniel seconded to approve the agenda, amended to include City Council update under Commission Member Presentations. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: Todd Hoffman provided an update on the lawn sprinkling and irrigation ban approved by the City Council at their meeting on July 23, 2007 and an update on the remaining concerts scheduled for Thursday. Jerry Ruegemer introduced John Stutzman, the new Recreation Supervisor. VISITOR PRESENTATIONS: Ray Gilgendach from Arboretum Village asked if the city had plans to hook up the city's trail system with Chaska's trail system, suggested the possibility of using his boat for bringing people fishing on Lake Ann and asked for extended hours at Lake Ann Park. APPROVAL OF MINUTES: Scharfenberg moved, Kelly seconded to approve the verbatim and summary minutes of the Park and Recreation Commission meeting dated June 26, 2007 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 2008 PARK AND TRAIL ACQUISITION AND DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM (CIP). Todd Hoffman outlined staff's proposals for the 5 year CIP for 2008 through 2012. Commissioner Campion asked for clarification on how money is received for park development. Chairman Stolar asked about committed funds, ballfield lighting, Phase II playgrounds, and the Highway 101 north trail connector. Commissioner Kelly suggested moving the Pioneer gap trail connection up a couple years. Commissioner Atkins noted there were items not listed on the CIP that also needed to be prioritized. The commission decided to meet at a work session prior to the regular Park and Recreation Commission meeting on August 28th to review those items. 77 Park and Rec Commission Summary - July 24, 2007 2 RECREATION PROGRAM REPORTS: 2007 FOURTH OF JULY CELEBRATION. John Stutzman reviewed the events of the 4th of July celebration and provided suggestions for 2008. Commissioner Daniel suggested selling t-shirts during the parade. Chairman Stolar asked for clarification on the drastic reduction in revenues from previous years. Commissioner Kelly offered suggestions on the quality and quantity of t-shirt sales for next year. FALL SOFTBALL LEAGUE REPORT. Jerry Ruegemer provided an update on the upcoming fall softball league. ADMINISTRATIVE PRESENTATIONS: BIKE TOUR. Todd Hoffman asked for commission input on a date for the bike tour with the Park and Recreation Commission, Planning Commission, City Council and staff. COMMISSION MEMBER PRESENTATIONS: Chairman Stolar provided an update on the July 23rd City Council meeting in which the Lake Ann Park picnic shelter and ballfield lighting projects were approved. ADMINISTRATIVE PACKET: Chairman Stolar commented on the item regarding park shelter reservations being available online in the future. Daniel moved, Campion seconded to adjourn the meeting. All voted in favor and the motion carried. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim 78 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING JULY 24, 2007 Chairman Stolar called the meeting to order at 7:30 p.m.. MEMBERS PRESENT: Glenn Stolar, Steve Scharfenberg, Tom Kelly, Thor Smith, Dan Campion, Paula Atkins and Jeff Daniel STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and John Stutzman, Recreation Supervisor APPROVAL OF AGENDA: Scharfenberg moved, Daniel seconded to approve the agenda with the addition of a City Council update under Commission Member Presentations. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: Hoffman: Public announcement this evening is that the City of Chanhassen as of yesterday has enacted a complete watering ban. That's for lawn sprinkling or irrigation only. You can still hand water your perennials or annuals or shrubs or trees, as long as you don't drop that hose because they're watching. The reason for this is one of the aquifers, the drift aquifer, it's the highest level that we take our water out of where we have 3 wells in, has gone dry so when that goes dry 3 wells go down and there's no more water in that aquifer currently so until that recharges and comes back, there'll be a watering ban until further notice. Campion: Do you have any idea of how the time to wait? Hoffman: Nobody knows as of yet. These aquifers are glacial drifts so they're gravel and they need to recharge from a ways away. There are other towns pulling water out of that aquifer as well and they're experiencing low water levels. It depends on where you're at in the aquifer. We're on the outer edge of this aquifer. It feeds all of Minneapolis so, or all of the suburbs towards that area so Minneapolis takes it out of the river. So that's the reason. You'll see plenty more news. Channel 5 was here today. Channel 4. Channel 11. So watch the 9:00 or 10:00 news tonight. You'll see more. It will be in the Villager this week and they are writing citations as of I believe tomorrow morning. 50 bucks plus an $82.00 service fee for the first time so you'll be facing a pretty stiff penalty. Second time it goes up even faster so. Kelly: Are we the only cities or are other cities having this also? Hoffman: We're the only city with a total watering ban. Most other cities are on odd/even, as we were on an odd/even. Some cities also have an odd/even plus restrictions during the day. You can't water from 9:00 to 7:00. Something like that. If you can imagine typically in the winter we pump about 2 million gallons a day. They've been pumping anywhere between 8 1/2 79 Park and Rec Commission - July 24, 2007 million, 9 million a day and during the hot summer here with the lawn irrigation so, and they can, at the new water treatment plant they can treat a half million gallons a day so. Daniel: Has this been an occurrence or has this happened before? Hoffman: Not in Chanhassen, no. Daniel: As far as the aquifer going dry though? Hoffman: Well, it fluctuates up and down. It hasn't gone dry that I've heard. Campion: How much worst could it get? Hoffman: How much worst could it get? Campion: I mean could it get worst? Hoffman: It could, yeah. Absolutely. If we have other problems with the other wells and so, and this includes the athletic fields so athletic fields are stopped irrigation as of Friday so in the next week and a half you'll see those brown out and obviously that will cause some concern from our users that it's not as pleasant to play on a brown field as it is a green field so. We hope to get that back up and running but when an aquifer goes dry, it's not like you can, it takes a long time to build new wells or do things, I think there's about 10 wells in the city so you're looking at a third we've got going. Kelly: And did they figure out the pump situation? Hoffman: Yeah, the cause when the aquifer goes dry you start sucking sand and air. That's when you have pump problems so. They can repair these pumps but once they're repaired, you can't turn them on. Stolar: It was actually very interesting yesterday. I was at the City Council meeting to hear Kelley. Hoffman: Kelley Janes. Stolar: Yeah, talk through what the situation was. It was really, definitely educational so, I don't know if they replay the City Council meetings but it'd be worthwhile to check that out and learn a little bit about this process. He was talking about how during the day when people are drawing water, he can't even refill the tanks because of the amount of draw that's going on. Or the water tower, excuse me. The water tower so. Hoffman: The irrigation draws it down from about midnight til 5:00 a.m. and then people start getting up and start using the water, so the whole city wakes up and starts taking showers and using water in the morning and then they just can't recharge it during the day. They don't have enough time to build it back up and then it starts going back out at night when people get home 2 80 Park and Rec Commission - July 24, 2007 and then you get a little break in there and then the irrigation systems turn on again so it's a constant battle. Waconia the other day had 4 feet of water in their tower at one point so they were in an emergency situation as well. You don't want to start putting air into your water pipes in your municipal well system so. Something we all take for granted and when it's gone, some interesting stories so you'll see us in the news and wanted to bring that to your attention. Stolar: It's amazing what, 2 years ago Curry Farms was under water. How it fluctuates so much. The other public announcement I saw that we have posted, you have a concert this Thursday too. This Thursday I believe. Ruegemer: Two of them. We have a Noon Time Concert. The Blues Drifters and they're kind of a bluegrass band and that is from noon til 1:00. Then we have a reggae kind of Caribbean style band from 7:00 to 8:00 and that is Cyril Paul. And that is what the sixth or seventh one and our eighth and final one will be next Thursday night at 7:00 to 8:00. And that's another community band. Stolar: You want to introduce John also. Ruegemer: Oh, okay. Yes, John did miss the last month, a day after he was hired so this is John Stutzman. He's our new Recreation Supervisor. I think some of you have met John at the 4th of July activities. John took over for Nate Rosa who left us for St. Louis Park. John did work for us the last 2 summers in different capacities with our department. On a seasonal type of basis. He also helped with, oh just various opportunities that we had over the course of the year, whether it be school…adventures or special events. Sponsorship programs, that sort of thing so we've kept in touch. John went out to Vail again, Beaver Creek to teach ski lessons and he came back, he got a job with most recently with Lakeville in March. A part time position in their park and rec department. Then he came to us June 26th so we're extremely happy to have John on board. It's nice that he can kind of really hit the ground running. June 26th, the day he started we've got, the week and some change before the 4th of July. He already had been through 2 of them previous to that so it was a great help to me as well as our department for the 4th to have him available for that. Also he worked on playground programs and stuff in the past. He's helped our playground director this year. Kind of gives another shoulder to lean on, to bounce ideas off so it's been great for us up to this point so John will be doing all the special events. Youth programs. Sponsorship programs. Working with all the kids in the community so we're really happy to have John here so, I know John, most of you I guess were at the 4th of July so if you haven't had an opportunity to introduce yourself to John, please do so tonight. Stolar: Thank you. Welcome John. Just to formally welcome you. Stutzman: Thank you. Stolar: Appreciate it. Any other public announcements? Great. 3 81 Park and Rec Commission - July 24, 2007 VISITOR PRESENTATIONS: Stolar: I know we have a visitor here who's here to listen, as you said. Would you like to state anything? Now's the time you can talk to the Park and Rec Commission if you have any. Ray Gilgendach: I have a question. Stolar: Sure. Ray Gilgendach: Do you have a plan to hook up your trails with Chaska? You know like all the bike paths, walking paths. I live out in Arboretum Village and it's great. I mean you've got trails all around the place there. I mean I can come down here on a bike and never get into traffic and I'm just wondering if it's ever been, you hook up with the Chaska trails. Stolar: Do we have our future vision up there? Hoffman: We have existing. Stolar: I know existing's there… Hoffman: ... This will work. This is a plan of the city. You live in Arboretum Village, right at this intersection…We build two trails at two different times. Mostly with road construction projects or with independent CIP projects so let's say we have an existing trail and it's not going to be connected with a road. In a neighbor corridor. Some of these trails, Bluff Creek… There's a couple of connection points, viable connection points with Chaska. Highway 41 and we will not build a trail from Highway 5 south on 41 until that road is upgraded because this side of the road is going to be tore down and dropped down to about 20-25 feet at the top of that hill so that hill, plus the trail can run along there and then you can get right into the Chaska trail system… So that will be the most direct route. We're also building a trail… We've got some other connections down out of Lyman. One of the, the biggest sections of the…trail if you will is Lyman Boulevard to the south. Everything drops down. 101 is rebuilt. Powers is built. Audubon stops a little bit short. Galpin goes down to Lyman but Lyman isn't done yet and we hear from a lot of people that want to kind of loop around and come back… This road will be upgraded with the new high school so actually the trail will go from where it stops currently at Powers all the way out to 41 so that's another trail section that will be coming on line. But this one here is the big question mark. When will that happen? We don't know. In the interim it probably would be best to cross at the stop light here. At the...marsh. Go down Century Boulevard and back across 82nd. Cross at those stop lights right here and then get into… Ray Gilgendach: Okay, so you can't really have a trail up on that? Hoffman: Right here. There's a trail right here. This is a Chaska trail. There's a little parking lot that goes into Spring Peeper Meadows and that's where you access that trail. This is one of the nicest trails in Chaska. It's one of the nicest trails in the area. 4 82 Park and Rec Commission - July 24, 2007 Ray Gilgendach: …you know getting down to the Home Depot and the Target store down there and also Rainbow… Hoffman: Yeah, we built from the core out and so you're on the outside. Ray Gilgendach: Yeah, I bike down to, like going down to Lake Ann and over to Lake Susan. No, it's great. It is but. Hoffman: Two options. You can take the frontage road and then you see… Ray Gilgendach: Are the people here involved in renting the boats on Lake Ann? Okay. What's the possibility to use volunteer help or what, to be able to rent a boat like from 9:00 until sundown? Ruegemer: I know we had extended hours when Lake Ann was first opened up and it really didn't prove to be very beneficial for us to be paying staff…volunteer type of thing. You know we were opened for quite a while…but we were opened quite a few additional hours than we are. It really didn't seem to… Ray Gilgendach: See the other thing, I'm in a position now that I've got a little 14 foot…ideal for boating at Lake Ann. To be honest with you, I'd like to be in a position to say here's a boat with a motor…open for a while and use my boat for a…because I just don't go out that much any more. And we've got the fishing pier, nothing wrong with it. Especially at Lake Ann, so again…you've got the boats in there, you need more boats… Some type of a set up would be fine. Even if it's 2 days a week. Something that just…hey if you want, there's a boat over there… Hoffman: The options we have right now include the rentals during open hours and…and a lot of people take advantage of that… It's difficult to coordinate that and through a volunteer group, the demand is just, who's going to be there to. We only have one boat, one person shows up and they're out on the lake and now you've got a volunteer sitting around trying to hold the couple three people that want it next and you're out rowing so pretty challenging. I don't think we could coordinate something like that. There might be something outside of that where in some communities, especially in our senior groups, they just kind of organize a group and they… amongst each other and it has nothing to do with a person sitting out at the park. You just coordinate amongst yourself in the community. Ray Gilgendach: See the thing is getting the boat down there. I mean right now this things sits in my son's garage, and the amount that I use it, I have another son that lives up north. I mean if I want to go I don't need anything up there. But just to have a boat and to be able to get on, put it in and I don't know what you need. It'd take some coordination, and also somebody that says fine. Here's 10 feet, you can do what you want with this and like you go to places now you get a card and you put it in a door to door… There's a lot of things that you can do and just say fine… Hoffman: Let's get your name. 5 83 Park and Rec Commission - July 24, 2007 Ray Gilgendach: Ray Gilgendach. Hoffman: And a phone number Ray. Ray Gilgendach: 949-5979. Hoffman: Maybe somebody will go fishing with you when you talk about it. Ray Gilgendach: Oddly enough it's just, the older I get it seems the less fishing I do. …used to get out at least once or twice a day so. Stolar: I think I heard one other statement I just would like to clarify. You also mentioned maybe 1 or 2 days a week just having extended hours. Ray Gilgendach: Yeah. Stolar: Is that separate and distinct from this boat discussion but you also have a question about having extended hours? Ray Gilgendach: No, I was just throwing out ideas right now. I don't know what you want to do. For my own personal opinion, if I knew that you had Thursday and Friday that there would be, I could get a boat until 9:00 let's say, this would be fine. Stolar: One thing you know and we've talked about hours in length of time and we understand the model. I don't know if we've ever looked at, and I'm not saying what we should do but if we've ever looked at that just one night where we say this is your extended hour night and if you do want to get out there whether it's for boat rentals or sunset canoeing or whatever, just say this is the only night we offer it. Where we have an extended hour. Ray Gilgendach: Has anything ever come up as far as having a boat slip for a little say, like my boat's a 14 footer. That I could rent out a slip. I'm looking for something I don't need to trailer. Stolar: That would be a more difficult thing from a space perspective, but you know I don't think we have the space there to do that. Hoffman: The only conversation that has taken place for public boat slips has been at Carver Beach Park on Lotus Lake so. The city does not operate any public boat slips and we think, well I know there'd be resistance in the community. You have so many lakes. So many public accesses. There's not a tradition of having a public boat slip location and you know… There's enough room at Lake Ann where you could put 30-40 boat slips out there if you wanted to but there's no motors and I don't think it would be, most of the public would go for that. Daniel: That would be more in style what they have with the City of Minneapolis and the lake system they have there. But I think as you mention with public slips, I mean there's resistance on private, additional private slips. You know at Lake Lotus or even some of the other lakes so. Yeah, from a city perspective. 6 84 Park and Rec Commission - July 24, 2007 Ray Gilgendach: I think the easiest way, my way of looking at it is like say a couple of extended nights. If we could get a volunteer group that would take care of it, that would you know, now you're not burdened with extra help. Hoffman: The one thing I forgot to mention is there's a fishing group also available so, many people take… Ray Gilgendach: I'm there a couple times a week at least. Stolar: Well you've taken his name down. One of us will get back to you but one regarding, it's several different ideas here. One regarding the boat. Again I don't think there's many options there but we'll get back. One regarding the extended night or two a week. Certainly this year it's past the time we can do it. It's something we can talk about, and maybe even talk with Susan about is this something we can get a volunteer group from the senior group. They're always looking for interesting things to do. Maybe couple it with some fishing lessons, I don't know. Something where kids, where people want to go down and then I think just in general you talked about the volunteers doing some additional things there. I mean we look at that all the time. We had volunteers plant the rain gardens over at Lake Ann so I do encourage you individually if you want to work, talk to the senior center. You know they do a lot of different things. The wood duck houses they repair for us over the winters. What other, there was one other thing that was done. I can't remember what it was. Hoffman: They make the blue bird houses. Stolar: The bird houses, yeah. So there's some things they do for us as volunteers that have helped and it's a great partnership so just a suggestion. Hoffman: Thanks Ray. Stolar: Thank you very much. Any other questions or comments? APPROVAL OF MINUTES: Scharfenberg moved, Kelly seconded to approve the verbatim and summary minutes of the Park and Recreation Commission meeting dated June 26, 2007 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 2008 PARK AND TRAIL ACQUISITION AND DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM (CIP). Hoffman: Thank you Chair Stolar, members of the commission. Tonight we will start the official process of putting together the 2008 through 2012, 5 year CIP for the City Council to consider in the budget process for this year. A variety of things stayed the same. A variety of things have changed. Let's talk about revenue first of all right out of the gate. The economy has slowed. The housing market has slowed and if you take a look at actual revenues in 2006, they were up over $2 million dollars for the first time in our history. 2007 will not have the same type 7 85 Park and Rec Commission - July 24, 2007 of return on what we've got going on in the community. A couple of things changed. We started collecting all revenues right up front at the time of plat and so when these large plats came in as a part of the 2005 MUSA area, we bankrolled all that cash right up front so that filled up the 2006 number up. 2007, I don't suspect that we'll see any significant plats come through our door and so the checks are going to dwindle. The number of checks are going to dwindle and so we've set this at, for a 3 year stint at $500,000 per year and then hoping that things will come back as we bring in the 2010 MUSA area, back up to $750 for 2010, 2011 and 2012. So that's about, approximately half for all those years of where we were last year in our estimates. Then we take a look at some new projects that are being interjected into the grid and you start to take a look at things, like in 2008, new projects. The Arboretum Business Park trail is not new but the number, the cost estimate is new at $317,000. Stolar: Is that from the developer? Hoffman: That's from the master plan with Brauer. Kelly: That's going to be done this year even though it's under 2008. Hoffman: Correct, and I'm meeting with them, we'll pay for it in 2008. It will be started this year. I'm meeting with the applicant, the developer on Thursday to go over the plans with Schoell and Madsen, their engineer. They're excited about it. They've done this before. They built the Holiday Inn Express trail so that was the same developer. Same engineer. Then you take a look down, Preserve trail and bridge. That number actually came down a little bit. That bridge cost is in at just over $50,000. We anticipate the remainder of the trail will come in at around that $150,000 mark. We don't have hard costs on that yet. Once we do we'll adjust that number. And then you go to the bottom and we have the Lyman Boulevard trail improvements at $50,000. Excuse me, $500,000. That's the first installment. And that includes this trail that we were just talking about up here on the board from Powers all the way to Highway 41. We'll pay for it in segments. The initial segment will include the underpass and the underpass is going to be just east of Audubon as you go to Chaska. So the trail currently dead ends at the intersection of Lyman and Audubon. The underpass is going to go right about there where that dashed line is. So they're going to build this segment of road in phases. The first phase includes this underpass and this section of trail in here and our current cost estimate is $500,000 for that. This is a cooperative project between the cities of Chaska, Chanhassen and Carver County. School District's involved with the School District intersection. Daniel: That takes us essentially up to the Holasek property? Or the school property? Hoffman: Close, yep. Across the railroad tracks I think it will pass. They're still grinding out the details of this cooperative agreement. I don't have firm numbers for the future years but I'm anticipating it will be about, approximately another $500,000 probably in 2009 or split between 2009 and 2010. So this million dollars will be one of the largest investments in a trail project in the city of Chanhassen since Highway 101 north, which was $900,000 for that section of trail. A lot, many times when we're building roads, we are the gracious successors of a lot of cash that comes our way in trail money that's associated with the road. In this case this budget is so tight, you know again when I say grinding it out, I'm not, that's an accurate description between the 8 86 Park and Rec Commission - July 24, 2007 county and cities of Chaska and Chanhassen. There's very little cash available to do this project so they're looking to park dedication to pay for that trail so I anticipate that $4 million will be coming out of park dedication to make that trail happen. Daniel: Is there any way that we can partner with Carver County's Park and Rec Board? Hoffman: To? Daniel: Co-op on, or to defer some of the cost to the county itself through the park and rec department. Maybe not necessarily the transportation department. Hoffman: They're one in the same and I don't think so. Daniel: Okay. Hoffman: Carver County hasn't built a section of trail in the county yet, and I don't anticipate they'll start. Daniel: That answers every Carver County question I'll have from this point forward. Hoffman: And I don't believe it's on their master plan as a regional section of trail. When they do start building trails, they're only going to start building regional sections of trail and this is not included. So those are some of the changes. The Lakeside trail. To remind you, well let's just start from the top. You'll start to familiarize yourself as you go. $6,000 for picnic tables and benches. We just refresh them each year. $5,000 for tree. Typically we're planting trees in the fall. This fall we probably will not plant trees unless we come out of this drought because it's just not a good environment to put those in. The Arboretum Business Park trail you know about. The Minnetonka Middle School West tennis courts. That project never came about this year so we just transfer it forward. At least we have a partnership potential there if they do make something happen in 2008. Preserve. You know which trail that is. It's in the 2005 MUSA. This section of trail. The bridge right here for $60,000 in that location. That's a 100 foot bridge. It will be the longest bridge in our pedestrian trail section. And then they'll pick it up, the next developer will pick it up down here. $60,000 for the Lakeside trail. That's the one on the far east side of the city. Right next to Eden Prairie right here. This missing piece of white right there. That comes in front of that new development, and that trail, Eden Prairie will not have a trail. Their residents will not have a trail along Lake Riley Road. We will and that will go to a trail that shoots right up here and then goes underneath Highway 212. Now it won't have a paved place to get you to until the cities of Eden Prairie and Chan finish this section of trail on the bottom side of the lake. This is our segment. Eden Prairie's building this segment as a part of the, this development is putting that in. State of Minnesota is putting the underpass in. City of Chanhassen will have to build this section of trail, and Eden Prairie will build that section. Stolar: Do we have that on our plan for the next 5 years? Hoffman: We don't. 9 87 Park and Rec Commission - July 24, 2007 Kelly: But we have the Rice Marsh Lake trail. Is that what you're talking about? Hoffman: $350,000 in 2010, yep. Stolar: Okay. Daniel: Well I thought at Lake Riley that they did have a trail that stops right at the, I guess where the road is. Hoffman: It stops short. Daniel: It stops short of that? Hoffman: Down at the park it stops. Daniel: Oh, okay. Hoffman: And then there's a section of their, of the old cottages that they won't upgrade the road. Daniel: Still? Hoffman: Still. Kelly: Well, it's moved now… Hoffman: …they build the road, I'm assuming they won't build the trail. Kelly: Right. Hoffman: They want to upgrade the trail. They don't want to upgrade the road. That plan didn't work on 101 north. We tried to upgrade the road and build the trail and finally they just built the trail. Kelly: So I think that road's going to get a lot busier once the bus station opens. It will be more of a thoroughfare than it is now. Hoffman: Yeah. Times will change out there. Campion: The dog park is under '07 right? Hoffman: Yep. Under '07. And then the top line which we missed there is the 101 north trail connection and that's the last piece that was left off, way up on the top of 101 north. That's from Pleasant View to Town Line Road. It's just, even the curb cuts are in just waiting for this trail to come up along the east side here of 101. And that $114,000, that's off of an old feasibility study that's probably 4 or 5 years old so we'll have to update that before we send that up to council. 10 88 Park and Rec Commission - July 24, 2007 Campion: That's part of my back yard. Hoffman: Yeah? That's right. You're familiar with it. We look in 2009 and we have the Liberty at Creekside trail at 275. That may bump out. That's this section. That takes us from the east/west collector down underneath Highway 212. This plat right now is in limbo. Again due to the slow down in the housing market and it may not be built and if that's the case, that trail won't come with it. Stolar: Did we get the fees for that? Hoffman: No. Stolar: No we didn't, okay. Because it didn't get final platting done. Okay. Hoffman: Yeah. And that's 275. And then we start penciling in another $500,000 at the bottom there. You can pencil that in on the Lyman Boulevard trail improvements. So that will take that for now we'll just take that 286 up to 786. We look at 2010 and we pull in that Rice Marsh trail for 350 and again that number may go up and down with the difficulty of that trail and if there's many bridges included. We look farther out to 2011, we start phasing in some Phase II playgrounds. These playgrounds have been in for a number of years. The Phase II's or the little kid's playgrounds are not there. My fear is if we don't do them, at some point we're just going to have to hold off because the equipment will be so mismatched in terms of age that you won't want to put them together, and you might as well wait until you just do, redo them all at one time so we'll study those as we move forward. $300,000 for that Pioneer Trail gap and that's a significant section of trail when you're talking this southern section of the city. You'll see the gaps. Very plain to see. Right here between 101 and the new Powers. New Powers and the Highway 212 project, this area…a lot of trails that are just, most people won't anticipate that if you have any trails but they're coming in as a part of that development. Work with MnDot through that and they're building the Pioneer Trail. They're building the Bluff Creek trail. And both sides of Powers and so there's lot of what I would call regional significant trails down here that this is going to be a missing segment. People are going to be coming out of Eden Prairie, following along that trail. Continue in Chan and they're going to hit a section of road where there's no trail there, and Pioneer Trail, as you all heard, is a very busy section of road so… Daniel: Would that be on the north side as well? Hoffman: Most likely. Daniel: Okay. Hoffman: This is on the north side and this would be on the north side. You'd want to put it there. Stolar: I don't think you'd want to put it on the south side. 11 89 Park and Rec Commission - July 24, 2007 Daniel: That was the only reason I mention it because it's the only area from that point where there's no posted along there. Campion: So that $300,000 is to fill that gap? Kelly: Is there a reason you have to wait until 2011? Hoffman: Nope. Stolar: So that's no dependent upon anything. That's really just, like some of these others, when the development occurs we're going to have to pay for it. This one whenever we choose to put it in. Hoffman: Yeah. We may want to check on any, I don't, I've not heard any discussion of upgrade to Pioneer in that section so we'll have to check that and that could be juggled around. The other one in 2011 is $250,000 for Pioneer Pass park acquisition and development, and again that's the development that has stumbled and is not coming through the development process right here. This is the Sever Peterson property. If you remember D.L. Horton picked it up and dropped it and then a local group of investors, developers picked it up and dropped it and so it's trickled back to the, if you remember reviewing that plat. It had a 4, close to a 5 acre park in it and so that's not coming through the development process currently. 2012 we add in some other items. There's a discussion about park entry signs. We do not have, if you noticed Eden Prairie recently went through a total reinstalling brand new signs. It was a $70,000 project. I think well worth it. They are very noticeable off the street and they have the address of the park and we've had some calls from citizens that cannot find parks because our signs are flat with the road and they don't include the address in our signs there. Basically made in our public works shop. Very serviceable but they're not a sign like you would see in some other municipal park systems. So take a look around. Open for discussion for the future. Daniel: Speaking of which is Sugarbush going to be. Hoffman: Yeah we're, well we're, we found. Daniel: Refurbishing the. Hoffman: Yeah we filed a police report today. The DNR city sign at the Lake Ann fishing pier was stolen so we've had 3 signs stolen. Round House Park. Sugarbush Park and now down at the fishing pier at Lake Ann so most likely somebody from the west side of Minnewashta. They started stealing that one first and they moved in to Sugarbush and now moved over to Lake Ann so the one was located and found in a yard somewhere up in the west side of Lake Minnewashta. These other two have not been found so. We'll wait til the case plays itself out. Daniel: Okay. Well that explains what happened to it then. Hoffman: Yeah. No reason to remake it until we complete the investigation. Back to 2012, $500,000 for the South Park Preserve development. Once we get down there we'll be naming it, 12 90 Park and Rec Commission - July 24, 2007 it's currently called Unnamed Park Preserve. It's the Fox acquisition. It will be extended to the north through some negotiations with MnDot, acquired a wetland and then most likely to the south through the Erhart development and when 2010 shows up and this development all starts happening down here, we want to be in a position to start the development of that park with trails and potentially nature preserve. Nature center type of location so we have to start setting aside some dollars at some point for that project. And then $150,000 for Pinehurst Park development. And the Pinehurst area is at Lake Harrison and it's the product, there's a water treatment plant down here. Second water treatment plant right at this location off of Galpin. And this is called Pinehurst. This is called Pinehurst at Lake Harrison and we have a little neighborhood park… developed once the city moves forward with the water treatment plant. So those are the items. I'm not sure if we, one we did…is Bluff Creek trail so when MnDot is done, the trail will be turned into here. We need to add that section down to the trailhead so that's not in there. Bluff Creek Drive trail. And then anything else that the commission would like to discussion tonight. It's a variety of items up for discussion. Park buildings. Lake Ann. Ballfield buildings for the ball fields. Lake Susan baseball field improvements. Bandimere buildings. We have 2 buildings slated for Bandimere. One in the ballfield semi-circle and one over at the soccer field area. So that's a lot of cash in buildings. Future park acquisition for ballfields. Lake Ann acquisition when that ever happens. So again you go back to the cash flow analysis and you start taking a look at the things we have in here now. Our cash flow is still relatively strong. In fact it doesn't change a lot from where we're at today at just $3 million 7. We make the investments that we noted. There are some additions. We probably just added a million bucks or so, so you would take that $3 million down to $2 million dollars. So although it's conservative, it still doesn't leave a whole lot of $2 million dollars with the kind of, type of projects that I just mentioned could be spent very quickly so. This is a discussion about values. About what you think the community values most. What you value most. What you want to invest your money in. These are the what I would refer to as the high times in park development in this city. We're in our final stages of development. The park dedication fund is healthy and we have reason to invest that money because we have demands that are placed upon it by our citizens, residents who want increased ballpark capacity. Increased recreation opportunities and so it's up to the commission to listen to that. Talk to your neighbors and decide where you want to recommend that the council invest these dollars. And we can talk tonight and then we have at least one other meeting, if you would like to continue this conversation til next month. Stolar: Okay. Why don't we start Thor, want to, any questions? Comments, additions, changes. Campion: I'm a little confused with how the, when the money comes in for the developments. You know for the parks. Hoffman: There's a fund 410, park acquisition and development. Park and trail acquisition and development and there's $3.7 million dollars in there. The cash comes in through park dedication ordinance. Anytime you subdivide a property we have the ability to go in and either take land or cash. Right now for our residential development it's $5,800. If you come in and you want to plat a piece of property and you want to put in 100 homes and you're going to final plat the whole thing at once, we're going to take your $580,000 right at the front of the development and we're going to take that $580,000. Put it in the 410 fund and then we're going to build future parks with it. If you're in an area where there's a park needed, we're probably going to take some 13 91 Park and Rec Commission - July 24, 2007 of your land and put that park in because we have a comprehensive plan that says there will be a neighborhood park a half a mile out of everyone's front door. Within a half mile of everyone's front door. If that 100 acre, or excuse me, 100 home development is in an area that's got a park over here, we're going to say okay. We're going to use that money to pay back debt that we've used to acquire and build this park, and we're going to take that money and pay back debt to pay off these trails that we built, or we're going to build new trails in your area. And park dedication is based off the premise of when you bring people to town, you're increasing the demand on your recreation system and they should have to help pay for that through their park dedication fees. Campion: Okay. Stolar: Good question. Campion: Not right now. Stolar: Okay, then we'll circle back. Jeff. Daniel: No. My only comment would be that given some of the external items that we'll have to deal with in terms of the facilities of buildings, future land acquisitions, trails, all those things, I think we've identified a lot of those already with the 30 year plan. As far as where we can see the city go to. I think as far as some of the details, and that's as much as we look at, some of the CIP items out here that we're listing, I don't know Todd if this is something that we'll have to have an external meeting on or a work session to talk about some of the more short term, 1, 2, 3. I mean we're looking out way, we just go done going through looking out 30 year plan. Now we've got a 5 year window. What are we going to do in the next 2 years as far as some of the other items? I guess that, you know you mentioned the two shelters at Bandimere and how will that affect, and what will we have to move and deal with and I think those are things we'll have to come to grips with as well as some of the other, again addressing the big picture. As far as some of those things we've earmarked for a 30 year plan, comprehensive plan. Stolar: Alright. Campion: I have no questions or comments. Stolar: I'm going to throw a couple things. One, it would be helpful if we do look at this next one. Which ones are committed funds, if you can just let us know. Either highlight them or whatever, so that we know. We've already said, we've done master planning. We understand that that's committed. Certainly I think the one item that I think I don’t see here, we had talked about lights at other parks. Other athletic fields. Yeah, we may have to push those out but those were ones that were on the CIP I believe more than just Lake Ann. Or was it just Lake Ann? Daniel: I think it was just Lake Ann. At least that's what I thought. Stolar: It was just called athletic field lighting. You know we didn't leave. 14 92 Park and Rec Commission - July 24, 2007 Hoffman: We discussed Bandimere but it's never made it to the CIP as of yet. Or at least a Bandimere lighting project. Stolar: Okay, so then let's maybe save that for when we actually discuss the final but that will be something that, a thought. I thought we had just athletic field lighting. We always talked about it but we never actually put it on. Kelly: We always concentrated on Lake Ann. Daniel: I think there were some minor discussions on Bluff Creek. That's I think, we may have offset towards that as well I know. Stolar: And then the other thing I had was related to the, just go off about possibly putting up some money there. Again looking potentially a partnership with Carver County to say you know, if they can find the space in Minnewashta, you know we'll the stands type deal but that might be something to look at here. I don't think that would be very expensive to do. With regards to the playgrounds, the Phase II. I know we pushed those out. If it does turn out that the Liberty at Creekside gets moved, that might be something to consider moving into 2009. As well as maybe moving the north 101 trail connector to kind of balance things out a little bit. Kelly: We've moved that once already though. Stolar: I want to see Dan's back yard. Daniel: And I agree with Glen as far as the Phase II playgrounds. We've just come out of the playground development over the last, within the last year and I'd hate to see us lose any momentum for those. I mean because obviously I think it's been a tremendous asset to our city with the new playgrounds. Stolar: We pushed those out last year I believe or the year before. So yeah, I think it's the balance there of we've got a lot of trails we've got to put in because of the development that's going on in the 2007-2008-2009 if we can focus again and finalize those playgrounds, that might be something worth doing. As far as the 101 trail, I'm just wondering about capacity here more than anything, right. We've got a lot of trail stuff going in, although I know some of those the developer puts them in and we pay them but just a question. The other thought is, as you've said Todd and as was mentioned when we had that working session with the City Council, or I guess Todd, you and I were just there to talk to them about some things. Part of the City Manager's view is if we have this money we could put in trails, start using, we should do that so. So that's just something to consider if it becomes too many trails going on. I don't know how much the park is actually responsible for putting in. Because we would have to put in that 101 ourselves right? Except not any development. We'd have to do that on our own. Campion: Is that in conjunction with the County or the State? Stolar: No. 15 93 Park and Rec Commission - July 24, 2007 Hoffman: The conjunction we would have is we would need permits from both the State and the County. Stolar: But you know, that was one of those long term things you know. Can the County, Eden Prairie and Chan agree to widen that road and put a trail in? That never came past the City Council I think basically said let's just put the trail in. Hoffman: There was a half million dollar grant that was obtained. Campion: I will tell you I see a lot of people crossing over from Eden Prairie to use it so I'm thinking maybe a toll or something. Stolar: It actually does serve Eden Prairie. They use it a lot and we have trails I'm sure of their's that we use a lot so I think it's a good partnership. That was all I had. Kelly: The only thing I had is, if Liberty at Creekside kind of fell through, I'd be in favor of moving the Pioneer Trail gap up a couple years. I just think that's a huge, I just think that's a very functional. A lot of these trails are nice to have. The Preserve is nice to have. Rice Marsh Lake is nice to have but I think the Pioneer gap trail, that's more of a functional trail. I think there should be, I'd like to see some priority on getting that thing done to make that a complete connection. Stolar: So if you see that, and that does go right into the, is that where it's a solid red line? I can't tell from here. That goes right into the Chaska trail system then? Hoffman: Yes, it would go right into Pioneer Trail. And the other thing about, you know when you do that, their goal. Kelly: You've got to go up 101 and you've got to go down Lyman. Stolar: That's some examples where I think that is probably more important than the 101 north because there are ways around. 101 north you kind of just go in. Kelly: In and out of Pleasant View. Daniel: You hit Vine Hill very short. Stolar: Yeah, there's a couple ways around that so that one does add a huge connector across multiple cities. Kelly: Yeah, where this one you're right. There's nothing else. Campion: Is there going to be more development though down along. Hoffman: Very little. Right on that stretch. 16 94 Park and Rec Commission - July 24, 2007 Campion: On that stretch. Daniel: Well it would only give us not only continuous true route right to the trail from downtown too. I don't think we really have a clean path do we there? Down to the regional trail. Hoffman: No, that's going to be the Bluff Creek. Daniel: Yep, but as far as right now if that gets moved up in the CIP project, that would give us our only true trail system leaving, if you could continue it through to Eden Prairie. Isn't that correct? Hoffman: Well if you're coming down, right now you can… Daniel: Oh that's right. That's right. Hoffman: This is going to close the gap in. Kelly: The question I had too was, on here is the 41 pedestrian underpass. Is that north of 5? Hoffman: North of 5. And that's a grant match 125 and then the County is in on that grant and if you recall, that was 2 years ago we applied. Well we supported the application by Carver County and we were just out of the money. Now they've just re-applied. The council has approved the letter of support and the resolution of support so that grant application is back in for the next funding cycle. The cash would, if we're successful, the County's successful, the cash wouldn't be available I think til 2011 or 2010, or 12 but you can go ahead and advance that cash if we want to bank roll our section and Carver County wants to bank roll their's and get that done. And that I think would happen because there's just so much pent up demand to get underneath that road and into the regional park. Kelly: The last question was, has the Preserve trail bridge, has that been built yet or not? Hoffman: No. It will be built this summer. Kelly: Okay. I thought someone told me something was built over in that, has some trail been laid down in that area though? Hoffman: Just the trail on the east/west collector road. They're grading in the trail. In the Preserve and then the bridge is on order. Kelly: Okay. So nothing's been, okay. Hoffman: It will be built this summer or fall. Kelly: Okay, thanks. 17 95 Park and Rec Commission - July 24, 2007 Atkins: I just, looking at it noticed there's a lot of things that we talked about a lot that we, that aren't on this and I think we need to talk about things like baseball parks and buildings. Or the trail connector to downtown across the street from my house to the little bridge over the railroad tracks. There's a lot of things that we need to make, prioritize I think. Stolar: Do we want to, the other thing was suggested doing, do we have a little working session. The question being, does it affect the 5 year CIP? I think yes because many of these things you know could be anywhere from 2 to 5 years. Some of them we know are way out but is that worth doing before we finalize this in August? Hoffman: Sure, why don't we, we could actually do it the night of the meeting. We could do a 5:30 or 6:00 or you could set a, your off night. Stolar: The night of the meeting? Kelly: I vote for the night of. Atkins: Yeah, me too. Scharfenberg: What night are we meeting in August? Stolar: The 28th I think. Hoffman: 27th, 28th. The fourth Tuesday. Stolar: The 7th is a Tuesday so it would be the 28th. Daniel: I mean to a certain extent we can take a look at our 30 year comprehensive plan. The comprehensive plan and start to prioritize then. Stolar: That's what I'm thinking. If we take what we identified in the documents and start saying okay you know, for each one of these where do we see it fit? I think helpful to that would be knowing okay what expenses of these do we not really even have an option. It's a development. We've agreed to it. It's there. And then that gives us the, again we all know that the balance doesn't equal the demand. But as we prioritize them, then that leads us to determine what actions we might want to take. Daniel: Prioritize and categorize if anything. Hoffman: I can create a data sheet for each one of the projects and then you can start to shuffle them around and the data sheets would be much more refined on the items that we have when we start talking about you know bridges over railroad tracks. We would describe it. Putting a lump sum and then a lot of these other projects again, we just start to flush out what those would be. You get in a working session we can start to juggle those around and tape them on the walls and come up where you want to go with this. One thing that at least I'm always looking at is there would be, there's a lot of things that would be nice to have, but there's some opportunities that 18 96 Park and Rec Commission - July 24, 2007 come across your desk that you're just not going to have anymore. So land acquisition. Trail alignments and I think when you sit down you're going to start to recognize that there's some things that yeah, it'd be nice to have but we really have to save our cash for those opportunities when the Lake Ann acquisition comes along, we'd better hope we've got some money in the bank or we're not going to be in a very good position to have a discussion with the citizenry about taking now all this property for this future park, so there's things that you just have to kind of plan for in the future so. It's a great exercise I think we can do it in a working session for about a hour and a half before our next meeting. Daniel: And that's why I mentioned as far as being categorizing. I mean we have other funding mechanisms that we can take those lists and place them into, and then we can also take a look at what we have as far as in our CIP project. So we can start but again, start to mix and match and find out, really get, I guess if anything a picture of what we have to work with because right now it's an item list. Then as far as you start putting costs, prioritize those projects to what meets our current demand, then I think that would at least give me as a commissioner a better idea you know where we're going to be again 2, 3, 4, 5 years from now. I'd love looking at this list for you know 30 years. Or 20 years. Stolar: Starting with Dan, would you prefer a work session before our meeting? Campion: Yep. Stolar: Alright. We'll work that right now and Todd can get at those descriptions, that would help. Hoffman: I will. Stolar: And I think you know, we all recognize that, I think this is good because it shows that we took that 30 year planning exercise that we did and we're taking it seriously. We've got to incorporate it into what we do otherwise it just sits on hold. So that's good. Hoffman: Quickly you can start to make some asterisks. The items which are committed by development contracts in 2008 are the 317. $317,000. The $200,000 and the $60,000. Those were committed to by development contracts. The $500,000 we're going to be committed to by the fact that that project is going to roll forward and they're expecting us to pay for that trail. So that's a little different situation. 2009, the 275 and the Liberty at Creekside, again that was committed in writing by a development contract but it hasn't been you know enacted or final platted yet but it is in a development contract been on hold and then, if you go down and if you've written in another half a million dollars in 2009 for that Lyman Boulevard trail, again it's not committed by development contract but the city administration folks are expecting that that cash will be coming out of 410. Stolar: One question on Lyman Boulevard. So you're saying that's going to go near the high school but it's not necessarily going to go to the high school? Hoffman: The trail or the road? 19 97 Park and Rec Commission - July 24, 2007 Stolar: The trail. Hoffman: The trail will go right past the front of the high school. Stolar: Oh it will, okay. So kids can take, okay. Hoffman: Correct. Stolar: Paula, any additional questions? Atkins: No. None right now. Stolar: Steve. Scharfenberg: I think the only thing I would like to add is, now that we're going to do the lighting at Lake Ann and have kind of a first class facility out there in terms of ballfields and it's going to be you know more uses to update the building out there. Put in restrooms. Put in a nice concession area. That's all. Stolar: Okay. Any follow up comments then? Campion: I just would support the moving up of the Pioneer Trail gap. I think that would be very important to be moved up. Stolar: Okay. Scharfenberg: Do we have to, Todd when we put in a trail like that on Pioneer, do we have to acquire that land or is that just part of roadway or? Hoffman: The, a couple ways to answer it. Most likely it's going to be in county road right-of- way. That's where we put the trail when you're heading east to Eden Prairie. It's in county road right-of-way. We get an access, limited use agreement with the county. Back when we built those trails in '98, the county really wasn't that excited because you're coming into there, you know this is their area. They're managing this and now you've, you know you're kind of like well now you're building these trails but they knew they wanted to say no but there's no saying no to the citizenry of Chanhassen wants these trails. If they say no and you say oh folks, we can't build you trails because Carver County says we don't want these trails. That's not going to happen so they would prefer they not be there but they, we put them there through a limited use agreement. Now the exception to that is on Powers Boulevard, that road was taken through a different, kind of just the road happened and it was never recorded properly. The only thing that could happen there would be a road so when we said we're going to put this trail in there. The attorney said you can't put a trail there. That easement was for that road…ditch because it was not a part of the recorded easement so. In this case I think the right-of-way would be there. Sometimes you run into slopes and you run into problem areas where you have to go out for 20 98 Park and Rec Commission - July 24, 2007 encroachment agreements. Then you have to pay for those so. It all depends on the design and it all depends on how nice of a lawn that you have in the existing right-of-way. Daniel: When are they going to put homes, I mean we've doing the whole road correct from 101 through… On Pioneer. Hoffman: On Pioneer? That section of road doesn't get touched I don't think. Daniel: So it would basically would be. Hoffman: Tossed into the road. Daniel: We'd need an easement through the property… Okay. Hoffman: In some of those areas you might be tight and because the homes were there before, the easements for the road was widened and so then you have to go in and negotiate and acquire additional right-of-way there so. For example back during the 1990's trail project, 7 miles of trails. 6 trails. We acquired I think it was 102 individual easements. Negotiated with the individual property owners. Most of those were in the $2,000 to $4,000, $5,000 range per easement. To go ahead and acquire those easements. So a lot of Christmas checks that year. Daniel: Okay. Stolar: Any final questions? So we'll look for, we'll plan on a working session prior to our August meeting. Hoffman: And I may send that before the regular packet. As soon as we get it out, I'll send it out to you so you can start to digest it and. Stolar: Okay. RECREATION PROGRAM REPORTS: 2007 FOURTH OF JULY CELEBRATION. Stolar: John, we get to your first item. The Fourth of July evaluation. Stutzman: Thank you. Over the 4th of July, this was my third but all of them have been in different chairs. This year I felt that the attendance was significantly up, even despite rain on both days. The tents were bigger. The primary tents out there on the 4th of July for the concert was bigger and when the rain hit that place was packed. Even bigger, it was packed. We also added several new additions this year. We had the carnival which was the most significant addition, which seemed to be extremely popular. Their lines were going until late into the evening. Had to go back there and just remind them, you know this is the agreement we had. It is time to close up. You could see people didn't want to go so that was a very, very nice addition to the festival overall. The tent dance once again. Casablanca Orchestra put on a phenomenal 21 99 Park and Rec Commission - July 24, 2007 show as always. They're becoming a benchmark I would say for this festival, from what I've seen and they enjoy playing here from what I've talked to them about so. The kiddie parade was down a little bit in participation this year but that was due to the rain that happened right up until the time of the parade itself. They were actually in the process of going well do we do this? Do we not do this and then the rain let up so we went ahead. The kids had a great time doing it as always. The Lake Ann concession staff as well as the playground staff did a wonderful job again with that event. Even despite the rain itself. The carnival games that the playground staff ran were a huge hit again this year. I believe that the leaders themselves are one of the largest reasons those games are as popular. They are due to the fact that a lot of the kids do know these leaders from other programs. They come back and look for these leaders specifically to hang out and see them. Play games and then the games themselves become just something they enjoy doing and is a nice little addition to the overall celebration as well. In that same area we had the two similar attractions. The face painting characters and air brush tattoos and the all about girls make-up. Both of them had good years again. We moved them slightly to kind of go with the flow a little bit more of the new set-up. Moving the food vendors to a little different line. A little bigger horseshoe that moved that artists and the make-up over towards the carnival games to keep that boundary between the overall carnival but keep them in an area where the kids are going to be going to, and actually the Maund Entertainment was just the face painting characters and air brush tattoo approached me the night of the 3rd because they were getting requests to come back for the 4th so they actually came back and did face painting on the day of the 4th for a couple hours and she was very excited about that and has said if we do, or she would be very interested in coming back and pursuing that again next year with all 3 pieces of her set-up out there. The other contract services that we brought in, speedway racing was popular as always. Water Wars was still good again. The Medicine Show as very good to see again. And the food and beer garden, or the food vendors, I think the horseshoe worked very nicely. Gave people a little bit more room to kind of move through there as well as just give them a little bit more room to set up and have little larger tents this year. And then the beer garden, from what I saw, ran extremely smoothly with the signs posted more that they were going to be ID'ing everybody. Giving them wrist bands. Getting the officers out further. Having lines, if you already had a wrist band you could go through a little quicker. From what I saw that line ran very smoothly. As I mentioned earlier, the carnival was a very popular attraction. Another nice addition this year was the Summer Skateboard Series. 3rd Lair came out and ran that and from what I was told they, we had the highest amount of participants than any of the other competitions they've held as part of the series to that point in the summer so they were extremely pleased about that and I would highly recommend bringing this back next year as the skateboard park in general seems to be growing and any programs we can do out there are very beneficial I believe. And then as mentioned as well earlier, the street dance was a huge success again. Huge, huge props to Casablanca Orchestra for the show that they're able to put on for crowds of all ages from teenagers and young kids to older families and people who have been coming to this festival since it first began so they seem to find a way to connect the entire audience and keep them all entertained. That's for the 3rd. For the 4th, a staple at least that I've noticed in my 3 years of working this festival is the adult fishing contest. We actually had 51 participants this year, which is above our limit. We had a late registration before we did close it but we made it work and it seems to be a wonderful crowd. People always have great stories to tell after it and tell for years to come. The winners from previous years like to talk about it. Talk about their time in past years, as well as tell new stories each year and somehow we always manage to get nice letters for 22 100 Park and Rec Commission - July 24, 2007 that competition which makes it even better. The kids fishing contest is another nice piece as well. The kids really enjoy it. They all get a prize. They all get a grab bag so they get something, and then the, I've never seen so many kids so excited to catch the smallest fish. Is mine small enough? Is mine small enough? But they seem to really get into the fishing contest in general and it gives them a chance to come out, right off the pier and be there in a place where they have control. The playground staff once again does a really excellent job helping out with that. They keep kids safe. They keep them in the know so they know where to go. Charlie Eiler from our maintenance staff comes out with his son. Does a fantastic job as well. They are two very vital pieces of that contest as well. Other highlights from that, the parade looked like a very good success again this year. 89 entries once again this year and the addition to that that went extremely well was the garbage truck at the end of the parade. The public seemed to help out significantly picking up trash and from what I've heard from the maintenance department, this was one of the fastest times they've gotten the streets cleaned up and ready to go after the parade that they've seen in a while so that was a very, very nice addition to the parade. And then the fireworks were outstanding once again this year. Melrose does a great job. They're easy to work with and really, I think put together a very nice show. I would recommend continuing to use them in the future. As far as recommendations for the future. I would continue looking to expand and find new ideas out there so that we can keep getting the festival bigger and better to accommodate everybody that keeps coming out. I see, I talk to families that I know from the community, they'll come out for the first time and go I can't believe we've never come and they tell me that they're going to continue to come and I see them from year to year from there. The traffic flow out of Lake Ann after the 4th of July works very well and Audubon continues to be closed down for at least another option so if we can keep shuffling them over to Galpin or encourage them to go over there, I would recommend that as well. The mosquito spray that we put down at City Center and at Lake Ann or have sprayed seems to work well. I didn't notice people having to swat at mosquitoes either night. My staff when they were doing it, the playground staff when they were directing staff weren't calling over the radio saying I need bug spray so it seemed to be a very large help out there for both days. The Taste of Chanhassen I would recommend, if it's possible, to keep up in City Center. The top part of City Center Park rather than moving it down to the plaza because the carnival was down a little bit in attendance on the 4th so if we could keep the, everything a little bit more up there. More events up there, I think that would be a significant portion to kind of keep things general, or to keep things flowing through the days as well. Stolar: Where was the…area? Stutzman: It moved down, out here to the plaza. Yep, on the 3rd. It's up there when everything is but we move it down here on the 4th to the plaza. I would recommend selling the t-shirts next year for the 4th of July on the 4th of July wherever we have the beer garden and the food and things that are on there. See if we can find a way to get some, incorporate some t-shirt sales from that area as well just to continue to move t-shirts. Get them out there. Get them advertised and bring in a little bit more revenue for us. Daniel: Any consideration John on during the parade or before the parade when the crowd starts setting up, having some of the young staff or the staff pick a few hot spots around there and just set up for an hour. 23 101 Park and Rec Commission - July 24, 2007 Stutzman: That's not something that's been considered. That's something definitely to look into, especially across from downtown. I mean it's huge to see if we can get somehow throughout downtown. I know if we did this, I could keep things down at the plaza, setting up an area in there would be a possibility as well. Daniel: Yep. Stutzman: Kind of centralizing the middle of the parade so. One thing that we did have a small issue with the carnival company was their time table seemed to be different than our's. Their time table was, they did have some slight ride miscues on their way from the prior venue. They had some trouble with their trucks. Their trucks broke down on the side of the road and weren't ready to go the day of when we needed them too and so I would just make sure that we have an understanding, you know if things do go wrong with that, you know we still need to honor our agreement and make sure that we have what we need, when we need it or something similar to there. And just kind of little kinks the first year of bringing a company like this in. Nothing severe but just kind of keep working with them so that we, now that we have had a year under our belts we can kind of tweak things and go from there. And then adding a map to the Lake Ann Park that we hand out at the entrance. We hand out the rules to the park. About adding a map so that people have an idea and one thing that was brought up actually by some of the seasonal staff was maybe labeling the parking lots out in Lake Ann so that not only people know which parking lot's which, but the staff knows so you can just say parking lot A is that one. We've got X number of spaces left and we can tell people to go to parking lot A, and if we were to do that, that could help to make a smoother transition in the parking, although I did feel parking went pretty well this year getting in and out of Lake Ann. Overall with the revenue and the expenditure report, the revenue was down some but that was due to some restructuring of the way we did things. Food vendors, the Rotary handled the Taste of Chanhassen so we did not receive that revenue this year. And another large portion is that, the prize board went to the Dave Huffman Foundation and so that money did not go towards our revenue this year. Other than that it's pretty comparable. Most things were either right around where they were last year. The carnival games were, that we run with the playground staff, were up from last year and we also have not received, I actually called up today to ask them once again for the carnival rides, the games from, for our commission from them but that's an estimate of about $800 based on what I thought their business was, as well as what the inflatable's that we've had out there in the past, what they made last year. I figured that that would be up based on the attendance of the carnival. Kelly: What was the agreement with them? Was it 20%? Stutzman: 20%, yep. Most of our vendors, actually I believe all of the vendors that we had an agreements like that was 20%. Stolar: Is that standard across other communities? Stutzman: I would have to look into that. I'm not sure. 24 102 Park and Rec Commission - July 24, 2007 Stolar: I would. See if, you know are we charging less or are we charging more? Daniel: If we're charging more I'm not too concerned but if we're charging less. Hoffman: A flat fee. You'd have to dig into the end of the earth to make me believe that 20% is $800 of what they took in that night so. Kelly: Yeah because it's I mean, it's 50 bucks a wrist band and that was the economical way to go… Hoffman: Yeah. We're going to be researching what other communities charge for a flat fee. If that's $4,000. If they want to come in for $4,000 and offer a flat fee, then that's what we'll do. If they don't want to do, we'll find somebody else that will do it. Stolar: Yeah, and that's just for the carnival. All the others we'd still do the 20%, correct? Or would we do a flat fee for everybody? Hoffman: Hard to say. You know it's the same scenario in all these other things as well. They take their $2,000, $4,000 worth of cash home and then you have to trust that they're going to report back what they took in is what they're giving you. Their 10% or 20%. A flat fee makes it a little bit more sound on our side. Stolar: So across the board food vendors also same thing. Stutzman: Food vendors are right now, the food vendors that we go through are a flat fee based on their needs. Stolar: Okay. Stutzman: It's just for. Stolar: The games. Stutzman: The games. The entertainment of the hair and make-up and the characters, face painting and air brush tattoos, that stuff. As well as water wars and I believe those are, and the night lights are also a flat fee as well. That actually we do on a bid basis so. Campion: Do we not charge for the business fair? Hoffman: Business fair, the chamber event? Stolar: I mean some of the things we didn't charge this year. To have the Taste was, because our food revenue, as I told Todd, that we knew was, that's the lowest it's been. I went back 5 years and stopped looking there. Hoffman: Yeah. 25 103 Park and Rec Commission - July 24, 2007 Stolar: It's about, it's less than 50% of what it was last year. Hoffman: Yeah. Nothing about the Taste change other than it's getting larger. Stolar: Right. Hoffman: So the Taste of Chanhassen is a Rotary event and the philosophy is that if there are local food vendors that want to serve food on the street dance night, go ahead and let us serve food and then we don't have to bring in the other outside vendors. The folks that have the stands on the parking lot. Those vendors were coordinated by us and we had the income coming in. The other Taste of Chanhassen is coordinated by the Rotary so they're having whatever income they're making off of that according to their efforts. Stolar: But what was the drastic reduction then? Was it the number of food, if we charge a flat rate, was it the number of vendors? Hoffman: Fewer vendors. Stutzman: Yeah, it was we had fewer vendors because the Rotary did take over. Over the Taste of Chanhassen. Stolar: Was it reduced by more than 50% of the food vendors than we had this year versus last? Stutzman: I think it was 2 I believe. Ruegemer: The money was just kind of reality and then there was bits, as there was basically what we charge in the past for Houlihan's or whoever to come in on July 3rd. The Rotary charged on July 4th for the Taste of Chanhassen. We kind of came to agreement for kind of what was the betterment of the festival to kind of throw everything into a hat so to speak and then kind of reduce the fees and really make it an incentive based for local vendors to come on both days, it reduced the price of the, you know the fee I guess to be here to entice people from our local restaurant areas and to commit to both days. So really for the betterment of the celebration, really we wanted to encourage people to be here and that's, we kind of gave up some of that revenue to really help out the Rotary and help out ourselves with additional food vendors. Local food vendors. Stolar: And then, and again I talked a little bit with Todd about this. I've looked into it. This is, I mean this is a noticeable, I won't say significant. A noticeable turn in how we're promoting and approaching this event and I'm not saying right or wrong. I'm just saying we as a commission should be aware of this and look at, it does change. It becomes more of a sponsored event by us and the revenue offsets are less, although I know with the carnival games that helped promote it, but as it grows we aren't necessarily going to see an equivalent growth in our revenue as we would in our expenses for it. Something we should be aware of. I think it's a good idea, personal opinion. I'm not saying for the commission but I think that's a good idea. I mean it's a community event. We have community and civic organizations like you said, let's even increase 26 104 Park and Rec Commission - July 24, 2007 the number that we have involved. I think we can look for some ways to try to offset that approach like you've described, maybe a flat fee for some of the other external vendors might help offset some of it. Just encourage, I know we have a couple Rotary members around here, maybe Rotary is picking up one of the expense items as part of their contribution. I would say pick up the parade. Hoffman: Yeah the Rotary doesn't make money on this thing either. They invested, what was the total invested? $30,000 bucks this year. Stolar: The only thing, separate from the beer garden which raises money for the scholarships. Hoffman: Well yeah, the parade cost $20,000. Beer garden takes in 10 so. Stolar: A loss. Hoffman: Yeah, there's a loss. Stolar: So it's an offset for their investment in the celebration also. The Taste of Chan doing that is helping offset some of their investment. Hoffman: Not a great deal. To a certain degree. Ruegemer: Yeah, I mean we are still, the Rotary's still picking up the tab on the tents that they used. A portion of the bathrooms for that event so we're kind of, we kind of have a master bill so to speak and then we've been kind of dividing all that up. You know here's for the kind of fixed costs. The Rotary, Taste of Chanhassen so they had 10 bathrooms on the parade route. They had 2 at Chapel Hill. They had bathrooms up here. We had whatever, 15 bathrooms. Here's the cost. Here's your bill for that and here's your bill for the garbage. Here's your bill for the tents. So all that is you know, so expenses that we have. Stolar: Are pro-rated across the participation. Ruegemer: Correct. Stolar: Okay, great. Thank you. That does clarify. And of course as we know next year it's going to be a much greater investment just in our planning because of the 25th. Okay, so I'm assuming the fireworks is going to be prettier and a lot better. Hoffman: If the budget's approved. Stutzman: Mr. Chair, actually one other thing with the revenue too that will help increase is if we do a format where we do allow things to stay in a more centralized area rather than having things on the plaza and up on the fields up there, we can invite vendors such as Maund Entertainment, All About Girls back for second days and help them increase their profits which we could do that flat rate more. The carnival would have better success which would give us leverage to increase the flat fee or the percentage, however we decide to do it which will increase 27 105 Park and Rec Commission - July 24, 2007 the revenues as well. So that's if, depending on how we do that second day next year, that will increase the revenues as well. Stolar: And next year I think the 4th's like on a Friday. Ruegemer: Friday. Hoffman: Thursday night street dance. Thursday night street dance, Friday night 4th. Stolar: Yep. That will be fun…was fantastic. Other comments? Kelly: The only comment I had is, if I'm reading the t-shirts right, is that about $2,500 loss? On the t-shirts. It costs about $3,000 under promotional sales and it brought in about 465? Stutzman: Yes. Kelly: And have you thought about doing away with doing, away with t-shirts or on the other extreme having, since it's the 25th anniversary, having some really nice t-shirts similar to this type of material but a lot less. If you sell out, you sell out. Great. But maybe something a little more subtle as opposed to, because the t-shirts year in and year out have always been white and it's always been a very loud logo on it. Even though the logo changes year in and year out, it's still essentially the same t-shirt which is maybe why sales aren't all that great. So I would either recommend doing away with the t-shirts as they are now or maybe having some type of a special t-shirt for the 25th anniversary and maybe just a lot less of them. Campion: What about sponsored t-shirts? Sponsored t-shirts for the food vendors or something like that to get the names on or. Hoffman: We considered sponsored. The biggest use of the promotional t-shirts are to give back to the people that give us cash for our… Stolar: The sponsors that donate, we give them packages so they can come up and represent you know that they were sponsors. They have the t-shirts. Kind of one of the few gifts that we give to them. Ruegemer: We ordered 700 t-shirts and we probably gave, you know, I guess I don't know how. Stolar: We probably gave at least 300 away. Hoffman: So you're giving 50% of that so of the 3,000, 1,500 of that is an investment to entice people to give you cash, which they gave us $30,000. Then as far as the remaining $1,500, you earn half of that back, and I agree. We've always talked about t-shirts because it's always been the biggest loser but when you take that element of that, you're giving those shirts out to your sponsors as freebies, and then we hear back from them when we drop these off at their front door, they're excited to get that t-shirt and there's only so many t-shirts we give and there's only so many people in the office that they hand out so it's a big deal when they get shipped out. 28 106 Park and Rec Commission - July 24, 2007 Stolar: Then in relation to what Tom's saying you know, if we could make a special t-shirt, because I know you're planning it already so I would make them even more special. Atkins: I think a special logo but I don't think higher price would do very well. Is it possible to have t-shirts for sale at some of our sponsored locations preceding the 4th of July, like Byerly's and physical places. I think people would buy them leading into it because there's times, a lot of people see them is on the 3rd at the street dance and they have to make a decision right then. They're spending loads of cash that night anyway so I think if they were available at a lot of places preceding, people would buy them. And they're the right price and people love them. I know they'll be… Stutzman: One thing I'd like to add to is the giving them to the sponsors because our sponsorship numbers over the last 2 years have gone up in general. Pardon? Kelly: I said okay. Stutzman: Oh, I thought…I'm sorry, but yeah over the last 2 years, at least during my stay I've helped out with the sponsorship as far as initial contacts and so I have seen some of the results when they have gone higher each year over the past 2 years so I would say that is, with them getting those packages, something that's beneficial and has been looked upon as pretty favorable. Stolar: One other thing I would suggest, and I mentioned this I think at Feb Fest. Where we can get our supplies from our sponsors. You know it's worth that extra money that it might take because I do notice that we don't...actually get things, we don't buy things there like we should. Atkins: Can I ask how many, how many people were at that benefit concert… Stutzman: When I went up there I believe, it was just beginning because I was out there to talk with Ann about the weather that was potentially coming. I believe it was about 40 people at that point. And I think it got bigger in speaking with the band. I think that music up there would be another great addition. Giving something else. Maybe not to the extent that the Casablanca Orchestra but something like this benefit concert to give them something else to just kind of relax with and enjoy. Atkins: It's a great idea. It's a great idea and I think if you keep the food vendors up there and the beer truck up there, I think you'd get a lot of people after the parade that would hang around. Stolar: I mean this whole concept of having a 2 day festival now, carnival rides, fun activities, we're going to see a lot of growth. Campion: Has there been any talk of a 5K run or anything like that incorporated or would it just be too hot to do something like that? Kelly: I think that's tough because Excelsior has a 10 mile, has a 10K and a 2 mile on the 4th and that probably draws on those 600 people. I think you might have too much, on the same day. 29 107 Park and Rec Commission - July 24, 2007 Campion: And maybe not the 4th. Maybe Easter or something like that where we could do a 5K run to kind of highlight the trail system, all that where you use the trails for either a 5K run or bike ride or something like that. Ruegemer: Well you can't really do the 5K run, Dave Huffman Run in September. Campion: In September, okay. I wasn't aware of that. Stolar: The point of the Dave Huffman is, you know once we get some of these bigger loops going…I don't know how wide the trail would be. As we start figuring out and start closing some of these loops, we have some nice runs there. Kelly: Oh yeah. We do. Very nice loops in the city. Daniel: Jerry how much, how much did we raise for the Dave Huffman Memorial? Stolar: It was just over $1,200. Daniel: Really? Excellent. Stolar: Which was actually I believe up from last year's numbers for the prize board. Daniel: Oh it was very busy the first couple hours and I couldn't imagine what. Scharfenberg: …we didn't have much sales after, from 8:30 to when we closed it down. Daniel: But you sure were popular after 8:30. Hoffman: That money comes right back through to the community through the Huffman Run so. Stolar: No, it's a great idea. And I like you put a little note here too with regard to the t-shirts. I mean we, they weren't selling them by the prize board off of a couple of tickets, along with… Hoffman: Expanding our sales window is the best way to go. Atkins: I used to try to get the band to make announcements about the t-shirts. For a couple years they just wouldn't do it. I would have had to go up there and do it myself. Stolar: …but they're very much a staple of this. People come back and say are they coming back next year. Any other questions? Thor? Steve? Kelly: The thing with that is the amount of people they have in that band, I'm surprised that they do it for the price that they're doing it at because I can't see each of those guys taking more than a couple hundred dollars for the event. That just, that amazes me. 30 108 Park and Rec Commission - July 24, 2007 Stutzman: Melanie has actually already contacted me about bringing more members up next year and saying that she overheard that it will be our 25th next year and she said she's got some ideas to help them out and help their performance out to get it bigger and better with the festival as well. Daniel: Obviously cost is one thing but, when I saw the cost on there, I agree with Tom. I'm shocked. Kelly: Yeah. Stolar: They were, they just raised it a couple years ago. It was lower than that for a while. Daniel: So much for negotiating right. Stutzman: Thank you. Stolar: We'll look forward to Halloween. The next major event. FALL SOFTBALL LEAGUE REPORT. Ruegemer: Yeah briefly. Just to kind of give an update to the commission. Actually fall softball league information is out right now. Everything is due for the next 2 or 3 days here. I'm already half full on both nights on the softball, both the Tuesday and Thursday nights. So we're, I'll have no problem filling up those leagues. I'll be probably doing schedules next week. And we'll be starting the week of August 13th and it will go 6 weeks and go until about the end of September with rain out's if we need to have those at all so we kind of abbreviate the fall season a little bit. Go double header format for that and it always fills up pretty quickly. We certainly hope to expand the leagues, both the summer and fall next year with the new lights out at Lake Ann so we're looking forward to that so it's kind of short and simple and…so we'll fill out I'm sure by the end of the week. Stolar: Any questions? Okay. ADMINISTRATIVE PRESENTATIONS: BIKE TOUR. Hoffman: Got a couple of dates I'd like to throw out there for the commission to consider and then we'll take those to the other groups. Thursday, September 13th or Thursday, September 20th at 6:00 p.m.. Meeting at Lake Susan Park. Is September better than August I would assume but I don't want to make that assumption. Scharfenberg: Yes it is. Campion: How big would this be? How many participants? Hoffman: Planning Commission, Park Commission and City Council, staff. So we're probably talking 20 to 25 people. 31 109 Park and Rec Commission - July 24, 2007 Kelly: That's a bike tour. We'd just be biking on trails? Hoffman: With dinner. Scharfenberg: Do you have a route picked out for that? Hoffman: Yeah. Kelly: I'm designing your route in my head right now and how many miles. 5 miles? 10 miles? 15 miles? Hoffman: Yeah, probably right around 10. Because we're going to have multiple skill levels and abilities. 10 miles should be, it might be less depending on how many stops we make but kind of sites we're looking at. We're trying to take a trail ride but we're trying also to see projects. 2005 MUSA. New high school site. You know some of those projects that are currently underway. Best way to see these is on the ground and walking's one thing but you can't get too far. Biking you can get a long ways and look at a lot of different projects. Campion: So what time where you targeting then? Hoffman: About 6:00 p.m.. We could bike for about an hour and a half and then have a dinner. Campion: Tuesdays are out of the question? Hoffman: No. The Tuesdays that month would be Tuesday. Campion: I was just starting classes in the fall on Wednesdays and Thursdays. I kept Tuesdays free. Hoffman: Tuesdays would be fine too. I can throw those out. Either the 11th or the 18th. Stolar: Do you want us to get back to you with when our. Hoffman: Not really unless like Dan knows that the 11th or the 18th would work better. Anybody else? Kelly: I have the 20th for me will not work but the 3 dates are just fine. Hoffman: So the 11th and 18th. Stolar: I also think the 11th and 13th won't work for me but I don't know for sure about the 11th. I'll get back to you. Hoffman: Okay, great. 32 110 Park and Rec Commission - July 24, 2007 Stolar: 13th definitely won't work. Hoffman: So right now it looks like Tuesday the 18th is probably the best date. Okay, get back to you on that. Stolar: Okay. COMMISSION MEMBER PRESENTATIONS: Stolar: The City Council meeting yesterday, aside from the water ban discussion, they did approve on consent agenda without any discussion whatsoever the Lake Ann picnic shelter and ballfield lighting projects. Did everybody get a copy of this? Hoffman: I don't believe so. Stolar: Oh I'm sorry. Both of the projects came in a little bit higher under bid than what the engineers, or no, I'm sorry. The shelter came in higher than what the engineer's estimated and the lights came in under what the engineer's estimated. Hoffman: Opposite. Stolar: Opposite, sorry. So, but they both came in higher than our CIP so, by about. Hoffman: $70,000. Stolar: $70,000 so. Now is that already included in your balance going into 2008 from what we saw? Hoffman: No. Stolar: Okay, so that will be there so we'll update that. But they were approved and so any target dates then for. Hoffman: We have a pre-con meeting starting this Thursday and then they'll start construction in 2 or 3 weeks and both projects will be done this fall. And so again the low bid on the lights, Hondo Electric, $410,000. Our budget was 400. The engineer's estimate was $403 so the bid came in about $7,000 over the engineer's estimate. The Sunramp Construction was the low bidder on the shelter at 235. The engineer's estimate was 236 and basically what that says is that we tried to get a shelter for $175,000 bucks. We thought that would do it. We sit down with HTPO who is a planner and we say this is what we want. We want a shelter for this many people. Concrete. This, that and the other thing. They put up a design and they say Mr. Hoffman, your shelter is not going to come in at $175,000. What do you want to do? And do you want to bring it down, make it smaller? We say no. We want to go ahead and build the shelter that we wanted. But let's put some add alternates in so we identified a couple of deducts and some rock and a trail section. Didn't really change, $3,700 bucks on the trail and this particular contractor said he wasn't going to save us any money on the deduct for the gravel. He 33 111 Park and Rec Commission - July 24, 2007 was going to charge us more for taking it out so our engineer's estimate was about, on the deduct was $9,000. Or excuse me, $13,000 on the deduct. The lowest, or the highest amount that anybody said they would credit us was $9,000 and the…said no, I'm going to charge you an extra $3,000 for taking that gravel out so we were scratching our heads for a while there during the bid opening process. At least one council member was concerned about this and what this comes down to is, the CIP process we're into right now, we talk about a lot of items and if we really want to get refined and we do a feasibility study, we could pay somebody $5,000 bucks before the project goes out there to do a feasibility study, but then we start conducting all these feasibility studies, and sometimes they're just going to get put on the shelf and that cash is going to go away. So staff, commission, we make our best estimates. You went back. We went back as a group to the council and asked for these projects to get raised from $150,000, if you remember on ballfield lighting, to $400,000. And the shelter to go up from 95 to 175 and so then we even went above that. Council was very supportive. They're convinced that these lights, we need them. The shelter, the one council person that we were talking to in City Manager Gerhardt's office, you know that's a 50 to 75 year investment. Yeah, the council member didn't want it. You said 135. It's not 135 and she understood that that was not a mistake by HTPO or anybody else but just that our estimate was off and so we're spending more money but we're getting what we want. What it really comes down to is the competitive bid process, the open market. Once you put out plans and specs, you know that's the cost of what you're building and so she understood that and the council approved it on a consent agenda so, as I told Glenn last night, this is the largest single investment in CIP work for the park commission in 9 years so congratulations. Took your leadership to sit in that work session if you remember with the council and suggest that these items be increased and moved forward and it was successful so. Stolar: Yep, and I think yeah, the realization I think it's important also that as we raise these numbers, we don't know what they're going to come in. We just don't know so we just adjust in the future CIP accordingly but these are you know, as we talked about when we said about accelerating the lighting and putting the shelter in, there are a couple of features and then we have I think the ballfield facility, building right there. Yeah, those are the things that we said we wanted to do to finalize Lake Ann and get it to where we want it to go so, 2 of the 3 are approved and in the works so that's great. Hoffman: And then something I noted for the council in that $71,000 additional cash that needed to be invested, the other 2 projects we did this year were the Power Hill Park trail, which is being built this week, and the tennis court resurfacing. Both of those projects combined came in under budget $45,000 so came in under budget by 45. So we're in pretty good shape. Stolar: Yep. Any questions on that? Hoffman: A lot of activity in Lake Ann again. Stolar: Was there anything at the July 9th City Council meeting? I know you weren't able to make it to that one. Was it you or? I saw an email when I was on vacation that we had a City Council meeting. Hoffman: I don't recall. 34 112 Park and Rec Commission - July 24, 2007 35 Stolar: Okay, great. ADMINISTRATIVE PACKET: Stolar: Any questions on the administrative package? Just one comment that I saw in the park, or in the shelter reservation was a question about putting availability on line. Something to think about in the future. Hoffman: I hope you all noticed that in the comprehensive plan open house, transportation had 1 comment. Historical preservation 2, land use 2, miscellaneous 1 and parks 15. So either you were more successful at soliciting comments or just more interested in parks and open space. Golf was not noted. Lots of things about trails. Many items about park capacity. Then some other unique items for the commission. Three comments, we need more parks and open space. Stolar: And including one person who's willing to pay for it. Hoffman: Offering up cash. With a name. Stolar: Yep. Well, seeing nothing, do we have a motion to adjourn? Daniel moved, Campion seconded to adjourn the meeting. All voted in favor and the motion carried. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim 113 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 952227 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 952227 1110 Web Site www cLchanhassen mn us 1 1f t MEMORANDUM o TO Paul Oehme City EngineerlDir of Public Works FROM Joseph Shamla Project Engineer fJ DATE August 27 2007 SUBJ Lift Station No 3 Modifications Project No 07 03 Approve Construction Bid Award Construction Contract and Approve Electrical Control Panel Quote REQUEST Simple Majority Vote Required Staff requests the City Council approve a construction contract in the amount of 214 503 00 to Parrott Contracting Inc and a quote for an electrical panel to Quality Flow in the amount of 27 954 12 BACKGROUND On February 12 2007 Council authorized the preparation of plans and specifications for the Lift Station No 3 Modifications Project On July 23 2007 the City Council approved plans and specifications and authorized advertisement for bid Lift Station No 3 is located on the north side of Trunk Highway 7 just west of Church Road The station was built in 1972 and is the main collection point for wastewater in the western portion of the city Four smaller lift stations flow into Lift Station No 3 The flows from Lift Station No 3 go directly into the Metropolitan Council sewer system The service area of Lift Station No 3 has grown substantially in recent years including a large development just to the west of the station The size of the lift station wet well and pumps are not large enough anymore to handle the flows effectively The new SCADA system installed in 2005 identified problems with Lift Station No 3 A review of the pump run times and hourly cycles for this station revealed the pumps are cycling at an exorbitant rate This cycling is indicative of insufficient wet well capacity for proper operation of the pumps The increased cycles of the pumps can be attributed to additional flow from new developments in the area As new developments are completed the cycling has increased Also the lift station appears to have groundwater infiltration problems PROJECT SUMMARY The scope of the Lift Station No 3 project is as follows 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 play114 Lift Station No 3 Modifications July 23 2007 Page 2 A new wet well will be provided with sufficient capacity for ultimate build out of the lift station area Utility crews should have adequate time to service the lift station in the event a major problem occurs New pumps are included in the scope of work and are sized for ultimate flow of the new head pumping conditions ofthe wet well The power supply in this area constantly has power supply disruptions and an alternate source ofpower should be planned for at the station Due to the amount of flow to the station and the distance the lift station is from the Public Works building the lift station control panel will be designed with the capabilities of a secondary power supply standby generator A backup generator is proposed to be purchased in 2008 and is not included in this construction contract Bids Bids for the project were opened on Thursday August 16 2007 at 2 00 p m Two total bids were submitted The bids received are as follows Base Bid Parrott Contracting Inc 214 503 00 Magney Construction Inc 309 155 00 The engineer s estimate for the project was 313 509 00 Parrott Contracting Inc has completed several utility projects for the City of Chanhassen Their past work has been acceptable Control Panel Quote A new control panel will need to be purchased for the station In order to save on contractor mark ups a separate quote was received for the control panel The City has standardized the lift station panels for system continuity and ease of repair The City has received the following quotes for the new electrical control panel Siemens Water Technology Quality How 30 863 70 27 95412 FUNDING This project was programmed in the 2007 CIP Project SS O 17 The total construction cost of this project is 242457 12 Funding for the project is proposed from the sanitary sewer utility fund G ENGPUBLla 2007 Projects 07 03 Lift Station No 3 08 27 07 Award Contract doc 115 Lift Station No 3 Modifications July 23 2007 Page 3 RECOMMENDATION Staff recommends that the City Council adopt the following motion The Chanhassen City Council awards a construction contract for the Lift Station No 3 Modifications Project to Parrott Contracting Inc in the amount of 214 503 00 and approves an electrical control panel quote to Quality Flow in the amount of 27 954 12 Attachment 1 CIP Page 2 Service Area Map 3 Location Map G ENGPUBLIO 2007 Projects 07 03 Lift Station No 3 08 27 07 Award Contractdoc 116 Description I The sanitary lift station rehabilitation program is designed to minimize sewer backups and emergency calls due to failed lift station equipment The City currently maintains 30 lift stations Many of these lift stations arehigh service pumps and need frequent servicing The program will service or replace pumps pipe gallery and electrical components as needed Lift Station 3 is recommended for improvements in 2007 Lift Station 3 located on the north side of Highway 7 takes all the flow from the properties on the west side of Lake Minnewashta and properties on the north side of Highway 7 The wet well capacity has become undersized for flows The electrical panel has become unreliable and needs to be replaced The electrical power in this area is unreliable so a permanent backup generator is recommended r I I Capital Improvement Program 2007 thru 2011 City of Chanhassen MN Project SS 017 Project Name Sanitary Lift Station Rehabilitation ProgramI I Account 1 7010000 4751 Account 2 Account 3 II Contact Unassigned Department Sanitary Sewer Improvements Type Improvement Useful Life Unassigned Category Utilities Priority nta Total Project Cost 475 000 II Justification I Reduce emergency calls and potential sewer backups i I 2007 2008 265 000 50 000 Total 265 000 50 000 2009 50 000 50 000 2010 55 000 55 000 Expenditures Maintenance III II II Funding Sources Sewer Utility Fund 2007 265 000 265 000 2008 50 000 50 000 2009 50 000 50 000 2010 55 000 55 000Total 2011 55 000 55 000 Total 475 000 475 000 2011 55 000 55 000 Total 475 000 475 000 II II Operational Impact Other I II II 89 117 Lift Station 3 Service Area Lift Stations Sewer Main L Service Area for Lift Station 3 Lake Virginia r I Lake Minnewashta 70 Q CI f 01 I j lfieqr I71ffir0r L Ij r G ENGVo eenIEngPmjeclsIPau ILS3 Jallumy 30 2007 118 f f f r t J 119 5 11 EXM E iU SIIiIEtI Quotation Siemens Water Technologies Corp 1239 WILLOW LAI E BLVD VADNAIS HEIGHTS MN 55110 Phone 651 766 2700 Fax 651 766 2701 Page 1 of 4 To City of Chanhassen Kelley Janes Quotation Date Bid Date Time Estimated by Phone Number Salesperson MS Customer Reference Lift Station No 3 7 11 07 WFA Attn Phone Fax E Mail Project Channhassen MN Quotation Number 070711WFA1QFPM Revision History 0 Initial Issue Siemens Water Technologies is pleased to provide a quotation in accordance with a letter and PDF file Engineer s letter received by email on 7 6 07 Our itemized scope of supply is listed below Siemens Water Technologies will not provide any items that are not specifically listed Item Qtv Description A 1 Custom Powerpack Express in a free standing double door NEMA 3R enclosure fabricated of galvanized steel and painted Forest Green The enclosure will have a 3 point padlockablelatch skirted floor stand and inner doors The equipment will control the operation of two 30 HP submersible pumps in a pump down mode in accordance with the level of the wet well as monitored by a submersible level transducer and backup float switches To Include Incoming Service Information Volts 480 Phase 3 Wire 4 Hertz 60 Pump Motor lnfo rmation HP 30 FLA approx 40 of Pumps 2 Pu mp Type Submersible GENERAL CONTROL PANEL REQUIREMENTS 1 UL 913 1 SERVICE ENTRANCE LABEL CONTROL PANEL ENCLOSURE 1 LOW PROFILE 1 NEMA 3R ENCLOSURE MATERIAL 1 STEEL ENCLOSURE MODIFICATIONS 1 DEAD FRONT 1 LATCH 3 PT 1 LEGS 12 1 SKIRTS 1 PAINTED FOREST GREEN 1 CONDENSATION HEATER THERMOSTAT 120 SIEME NS Quotation Siemens Water Technologies Corp 1239 WILLOW LAI E BLVD VADNAIS HEIGHTS MN 55110 Phone 651 766 2700 Fax 651 766 2701 Page 2 of 4 Item Qtv Description CIRCUIT BREAKERS 1 MAIN 200A thermal mag w auxiliary contact 2 MOTOR 3 Q FRAME CONTROL ENGINE HEATER BATTERY CHARGER 1 RECEPTACLE GFI LIGHTNING I SURGE ARRESTORS 2 PHASE MONITOR 1 LIGHTNING ARRESTOR MOTOR STARTERS 2 SOLID STATE Reduced Voltage Soft Start Motortronics Model VMX MAIN CONTROLLER 1 D152 O XX FT BACK UP CONTROLLER 1CB1T NEMA 4X INDICATOR LIGHT TYPE 2 120 VAC TRANSFORMER TYPE PRESS TO TEST LIGHTS INDICATOR LIGHT FUNCTION 2 PUMP RUN NEMA 4X SELECTOR SWITCHES 2 3 POSITION SELECTOR SWITCH SELECTOR SWITCH FUNCTION 2 PUMP HAND OFF AUTO NEMA 4X PUSHBUTTONS 1 MOMENTARY PUSHBUTTON FUNCTION 1 ALARM SILENCE RUNNING TIME METERS 2 PUMP RUN 1 SIMULTANEOUS PUMP RUN OVERTEMP I SEAL FAIL 2 MINI CAS MOUNT WIRE MINI CAS II ON INNER DOOR ALARM DIALERS 1 ALARM HORN 1 ALARM LIGHT MAIN TRANSDUCER 1 A1000GSet StlBMERSIBl E lEVEL TRANSDUCER wI 60 ft cable 1 A1000 CABLE SUSPENSION KIT wI 40 ft cable 1 IS1 3INTRINSIC SAFETY BARRIER 1 5 VDC BACK UP TRANSDUCER 3 LS FLOAT SUSPENDED TYPE 1 IS6 INTRINSIC SAFETY BARRIER MISCELLANEOUS 1 300 AMP AUTOMATIC TRANSFER SWITCH ASCO SERIES 300 1 TRANSFORMER 480 120 VOLT 3 KVA W PRI SEC FUSING Total Sell Price for Item A is 28 980 00 net excluding all taxes and commissions S P3 CI 3 3 0 Exclusions r Unless specificallv referenced above Siemens Water Technologies excludes 121 SIEMEN S Quotation Siemens Water Technologies Corp 1239 WILLOW LAI E BLVD VADNAIS HEIGHTS MN 55110 Phone 651 766 2700 Fax 651 766 2701 Page 3 of4 All taxes fees permits lien waivers bonds and licenses Startup modifications and training trips and services Onsite installation supervision ISA loop drawings or P IDs Pricing for items having a quantity of more than 1 cannot be assumed to be equally divisible into the total item price If a quantity less than quoted is required please consult Siemens Water Technologies for pricing verification or a new quotation Receipt storage setting in place installing or terminating any equipment or instrument The supply of any mechanical appurtenances for panels or instruments This includes but is not limited to power company transformers metering pumps motors pull boxes junction boxes piping tubing valves lighting panels transformers anchors support stands ground cables or rods stilling wells etc The supply of interconnecting materials external to enclosures Le wiring cable conduit pressure taps tubing telemetry or phone lines or special cables The supply of or installation of separate mounting brackets bases stands pushbutton stations power fuses pilot control switches disconnects manual starters or disconnect panels unless specifically listed in our scope of supply Any demolition removal transfer or disposal Concrete work of any type Installation and final termination of all wires or cables Communication cable telephone line coordination or connection Jobsite progress or preconstruction meeting attendance Any specialty electrical testing including but not limited to insulation resistance grounding Any specialty tools used for construction testing or startup of equipment Proposed Delivery Schedule Drawings 2 to 3 weeks after acceptance of order delivery 6 to 8 weeks after approval Siemens Water Technologies commitment to deliver in accordance within the contract schedule is contingent upon a prompt receipt of order prompt negotiations of terms and conditions and a prompt submittal review approval process Our timeline for delivery schedules will begin once terms and conditions are negotiated and agreed upon by buyer and seller Deliverv and StoraQe Freight pre pay and add F O B Shipping Point 9f I I ing nd storage at site is the responsibility of others Terms Quotation is valid for 90 days Based on Siemens Water Technologies General Terms and Conditions of sale copy attached An invoice for the total purchase price will be issued upon shipment Invoice payment terms net 30 days based upon credit approval Thank you for this opportunity to be of service to you If you have any questions please don t hesitate to call Sincerely Application Engineer 122 S IEME NS Quotation Siemens Water Technologies Corp 1239 WILLOW LAKE BLVD VADNAIS HEIGHTS MN 55110 Phone 651 766 2700 Fax 651 766 2701 Page 4 of 4 SIEMENS WATER TECHNOLOGIES CORP CONTROL SYSTEMS PROOUCTS SERVICES EXHIBIT An STANDARD TERMS OF THE SALE OF EauIPMENT 1 Applicable Terms These terms govern the purchase and sale of the equipment and related services If any collectively Equipment referred to In Sellers purchase order quotation proposal oracknowledgment as the case may be Seller s Documentation Whether these terms are Included in an offer or an acceptance by Seller such offer or acceptance Is conditioned on Buyer s assent to these terms Seller rejects all additional or different terms in any of Buyer s forms or documents 2 Pavment Buyershall pay Seller the full purchase price as set forth In Sellers Documentation Unless Sellers Documentation provides otherwise freight storage Insurance and all taxes duties or other governmental charges relating to the Equipment shall be paid by Buyer If Seller Is required to pay any such charges Buyer shall immediately reimburse Seller All payments are due within 30 days efter receipt of Invoice Buyer shall be charged the lower of 1 interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller s reasonable costs Including attorneys fees of collecting amounts due but unpaid All orders are subject to credit approval 3 Deliverv Delivery of the Equipment shall be In material compliance with the schedule In Seller s Documentation Unless Sellers Documentation provides otherwise Delivery terms are F O B Sellers facility The risk of loss shall pass to the Buyer upon delivery of the equipment to the carrier 4 Ownership of Materials All devices designs Including drawings plans and specifications estimates prices notes electronic data and other documents orInformation prepared or disclosed by Seller and all related Intellectual property rights shall remain Sellers property Seller grants Buyer a non exclusive non transferable license to use any such material solely for Buyers use of the Equipment Buyer shall not disclose any such material to third parties without Sellers prior written consent 5 Chances Seller shall not Implement any changes In the scope of work described In Seller s Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price schedule or other contractual modifications This Includes any changes necessitated by achange in applicable law occurring after the effective date of any contract Including these terms 6 Warrantv Subject to the following sentence Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller s Documentation and shall be free from defects in material and workmanship The foregoing warranty shall not apply to any Equipment that Is specified or otherwise demanded by Buyer and Is not manufactured or selected by Seller as to which I Seller hereby assigns to Buyer to the extent assignable any warranties made to Seller and Ii Seller shall have no other liability to Buyer underwarranty tort or any other legal theory If Buyer gives Seller prompt wrillen notice of breach of this warranty within 18 months from delivery or 1 year from acceptance whichever occurs first the Warranty Period Seller shall at its sole option and as Buyers sole remedy repair or replace the subject parts or refund the purchase price therefore Provided however all transportation charges for the return of and the cost of labor for removal of the defective Equipment or the re Installation of the repaired or replacement Equipment shall be paid by the Buyer Replaced Equipment shall become the property of the Seller In the case of a material defect in paid services provided under contract Sellers sole obligation shall be to re perform the services to meet the requirements If Seller determines that any claimed breach Is not In fact covered by this warranty Buyer shall pay Seller Its then customary charges for any repair orreplacement made by Seller Sellers warranty Is conditioned on Buyers a operating within speCifications and maintaining the Equipment In accordance with Sellers instructions b not making any unauthorized repairs alterations or additions and c not being In default of any payment obligation to Seller Sellers warranty does not cover damage caused by chemical action corrosion dust or dirt wear and tear under normal operating conditions burnout exposure to environmental operational electrical surges or lightning conditions exceeding specifications accident or catastrophe misuse abuse improper handling or storage or Improper installation unless installed by Seller THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 10 BELOW SELLER MAKES NO OTHER WARRANTIES OF ANY KIND EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE 7 Indemnltv Seller shall Indemnify defend and hold Buyer harmless from any claim cause of action orliability Incurred by Buyer as a result of third party claims for personal injury death or damage to tangible property to the extent caused by Sellers negligence Seller shall have the sole authority to direct the defense of and settle any indemnified claim Sellers Indemnification 15 conditioned on Buyer a promptly within the Warranty Period notifying S eJJJlL lWliting 91JlDy clalm and b provjdlngre glap 9QReraljon In the defense of an claim 8 Force Ma1eure Neither Seller nor Buyer shall have any liability for any breach except for breach of payment obligations caused by extreme weather or other act of God strike or other labor shortage or disturbance fire accident war or civil disturbance delay of carriers failure of normal sources of supply act of government orany other cause beyond such party s reasonable control g Cancellation If Buyer cancels or suspends its order forany reason other than Sellers breach Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs Incurred by Seller as aresult of such cancellation orsuspension 10 LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL INCIDENTAL SPECIAL PUNITIVE OR OTHER INDIRECT DAMAGES AND SELLER S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT TORT STRICT LIABILITY OR ANY OTHER THEORY 11 Miscellaneous If these terms are issued in connection with a government contract they shall be deemed to include those federal acquisition regulations that are required by law to be Included These terms together with any quotation purchase order or acknowledgement issued or signed by the Seller comprise the complete and exclusive statement of the agreement between the parties the Agreement and supersede any terms contained In Buyer s documents unless separately signed by Seller No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer No course of dealing or performance usage of trade or failure to enforce any term shall be used to modify the Agreement If any of these terms Is unenforceable such term shall be limited only to the extent necessary to make It enforceable and all other terms shall remain In full force and effect Buyer may not assign orpermit any other transfer of the Agreement without Seller s prior written consent The Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions 123 QUALITY FLOW SYSTEMS INC 800 6th street North West New Prague MN 56071 Office 952 758 9445 Fax 952 758 9661 August 20 2007 To Mr Kelley Janes City of Chanhassen Re Lift Station 3 Item Qtv Descriotion A 1 Custom Powerpack Express in a free standing double door NEMA 3R enclosure fabricated of galvanized steel and painted Forest Green The enclosure will have a 3 point padlockable latch skirted floor stand and inner doors The equipment will control the operation of two 30 HP submersible pumps in a pump down mode in accordance with the level of the wet well as monitored by a submersible level transducer and backup float switches To Include I Incoming Service Information Volts 480 Phase 3 Wire 4 Hertz 60 Pump Motor Information HP 30 FLA approx 40 of Pumps 2 Pump Type Submersible GENERAL CONTROL PANEL REQUIREMENTS 1 UL 913 1 SERVICE ENTRANCE LABEL CONTROL PANEL ENCLOSURE 1 LOW PROFILE 1 NEMA 3R ENCLOSURE MATERIAL 1 STEEL ENCLOSURE MODIFICATIONS 1 DEAD FRONT 1 LATCH 3 PT 1 LEGS 12 1 SKIRTS 1 PAINTED FOREST GREEN 1 CONDENSATION HEATER I THERMOSTAT CIRCUIT BREAKERS 1 MAIN 200A thermal mag w auxiliary contact 2 MOTOR 3 Q FRAME CONTROL ENGINE HEATER BATTERY CHARGER 1 RECEPTACLE GFI LIGHTNING I SURGE ARRESTORS 2 PHASE MONITOR 1 LIGHTNING ARRESTOR MOTOR STARTERS 2 SOLID STATE Reduced Voltage Soft Start Motortronics Model VMX 124 MAIN CONTROLLER 1 0152 O XX FT BACK UP CONTROLLER 1 CBH NEMA 4X INDICATOR LIGHT TYPE 2 120 VAC TRANSFORMER TYPE PRESS TO TEST LIGHTS INDICATOR LIGHT FUNCTION 2 PUMP RUN NEMA 4X SELECTOR SWITCHES 2 3 POSITION SELECTOR SWITCH SELECTOR SWITCH FUNCTION 2 PUMP HAND OFF AUTO NEMA 4X PUSHBUTTONS Item QG Descriotion 1 MOMENTARY PUSHBUTTON FUNCTION 1 ALARM SILENCE RUNNING TIME METERS 2 PUMP RUN 1 SIMULTANEOUS PUMP RUN OVERTEMP 1 SEAL FAIL 2 MINI CAS MOUNT WIRE MINI CAS liON INNER DOOR ALARM DIALERS 1 ALARM HORN 1 ALARM LIGHT MAIN TRANSDUCER 1 A1000GSCL SUBMERSIBLE LEVEL TRANSDUCER wI 60 ft cable 1 A1000 CABLE SUSPENSION KIT wI 40 ft cable 1 IS1 3 INTRINSIC SAFETY BARRIER 1 5 VDC BACK UP TRANSDUCER 3 LS FLOAT SUSPENDED TYPE 1 IS6 INTRINSIC SAFETY BARRIER MISCELLANEOUS 1 300 AMP AUTOMATIC TRANSFER SWITCH ASCO SERIES 300 1 TRANSFORMER 480 120 VOLT 3 KVA W PRI SEC FUSING Total sell price for Item A is 26 248 neti excluding all taxes and commissions 2 7 tI IZ If you have questions please give me a call Thank you @wa 1 125 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952227 1170 Finance Phone 952227 1140 Fax 952 227 1110 Park Recreation Phone 952227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952227 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 WifWci chanhassen mn us idL MEMORANDUM TO Todd Gerhardt City Manager 0 Paul Oehme P E Dir of Public Works City Engineer7 ckY FROM DATE August 27 2007 SUBJ Approve Signal Agreement with Carver County for Audubon RoadIBluff Creek Boulevard Project No 06 05 REQUESTED ACTION Approve Signal Agreement with Carver County for Audubon RoadIBluff Creek Boulevard BACKGROUND The signal at Audubon RoadIBluff Creek Boulevard was installed in conjunction with the Bluff Creek Boulevard improvements for the 2005 MUSA area Since the signal is on a county road Carver County will take ownership of the signal after the Bluff Creek Boulevard project has been finalized The agreement is consistent with Carver County s cost sharing policy The County will be responsible for the minor maintenance relamping painting etc of the signal and the City of Chanhassen will pay for the power Major maintenance will be the County s responsibility and any potential future upgrades will be split between the Chanhassen Chaska and Carver County consistent with Carver County s cost sharing policy The City Attorney has reviewed the agreement and finds it acceptable RECOMMENDATION Staff recommends approval of the signal agreement Attachment G ENGIPUBLlCI 2006 ProjeclSI06 05 2005 MUSA PHASE II1bkgd 082707 blf aud signal agr 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 play126 JOINT POWERS AGREEMENT BETWEEN CARVER COUNTY AND THE CITY OF CHANHASSEN AND THE CITY OF CHASKA FOR DESIGN RECONSTRUCTION AND TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE OFTHE INTERSECTION AT CSAH 15 AUDUBON RD AND BLUFF CREEK BLVD BUTTERNUT DRIVE THIS AGREEMENT made and entered into by and among the City of Chanhassen a municipalcorporationorganizedunderthelawsoftheStateofMinnesotapartyofthefirstparthereinafterreferredtoasChanhassentheCityofChaskaamunicipalcorporationorganizedunderthelawsoftheStateofMinnesotapartyofthesecondparthereinafterreferredtoas Chaska and the County of Carver Minnesota a municipal corporation organized under the laws of the State of Minnesota party of the third part hereinafter referred to as County WITNESSETH WHEREAS The County and Chanhassen and Chaska have been involved in discussions relatingtothedesignreconstructionandtrafficsignalinstallationandmaintenanceoftheintersection at CSAH 15 Audubon Rd and proposed Bluff Creek Blvd jButternut Drive and WHEREAS CSAH 15 is under the jurisdiction of the County for purposes of maintenance and improvements and WHEREAS Proposed Bluff Creek Blvd will be under the jurisdiction of Chanhassen for purposesofmaintenanceandimprovementsand WHEREAS Existing Butternut Drive is under the jurisdiction of Chaska for purposes of maintenance and improvements and WHEREAS Chanhassen will be entering into agreements with engineering consultants anddevelopersforthedesignconstructionandconstructionengineeringonthisprojectand WHEREAS The County has adopted a Policy for the division of costs for improvements to County State Aid Highways within a municipality said Policy being adopted by the Carver County Board of Commissioners on February 17 1998 and amended February 13 2007 a copyofwhichisattachedheretoExhibitAandmadeaparthereofforreferenceand WHEREAS Provisions of this agreement shall supersede provisions of said cost sharing policy on items identified in this agreement and 127 Page 2 of 6 CSAH 15 Agreement Carver County and City of Chanhassen Chaska WHEREAS It is the desire of all of the parties hereto to enter into a written document regarding the design reconstruction and traffic signal installation and maintenance at said intersection NOW THEREFORE Pursuant to Minnesota Statutes 471 59 and in consideration of the mutual covenants and promises hereinafter contained it is agreed by and among Chanhassen Chaska and the County as follows A That this agreement shall apply only to the improvement of the following described portion of County State Aid Highway in the City The intersection at Carver County State Aid Highway 15 Audubon Rd at Bluff Creek BlvdfButternut Drive B Prosecution of work will be performed on the following basis Chanhassen will 1 Prepare through its City Engineer construction plans and specifications with an estimate of cost for the construction project 2 Acquire at its expense if any all necessary permanent and temporary right of way drainage easements and slope easements for the construction of said project and assign any and all interest to said permanent right of way therein to the County 3 Act as the contracting agency for the construction project in accordance with the competitive bidding requirements of Minnesota Statutes 471 345 and 375 21 4 Provide the necessary surveying and construction inspection engineering services for the project 5 Provide a registered professional engineer to prepare the construction plans and specifications and to supervise the construction of the project Said supervision shall include keeping adequate records to document the quality of construction and the substantiation of pay quantities 6 Obtain written approval of the construction plans specification and special provisions from the County Engineer prior to advertising the project for bids 7 Obtain written approval of the construction plans from the Minnesota Department of Transportation Office of State Aid prior to advertising the project for bids 8 Obtain concurrence from the County in the award of a construction contract for the project Chanhassen shall not award the construction contract until the County advises Chanhassen in writing of its concurrence therein 9 Maintain the project open to inspection by the County Engineer or their duly authorized representatives 128 Page 3 of 6 CSAH 15 Agreement Carver County and City of Chanhassen Chaska 10 Obtain the written approval of the County Engineer for any change in orders or supplemental agreements to the contractor involving work in which the County is cost participating prior to the performance of such work C Chanhassen agrees to do all things necessary for the construction of said project except as set forth in this agreement Said project on CSAH 15 is to be constructed consistent with current State Aid Standards as an undivided urban street section with concrete curb and gutter and an adequate width to accommodate two future driving lanes in each direction with dedicated left turn lanes with traffic signals located at the CSAH 15 and Bluff Creek Blvd jButternut Drive intersection D Chanhassen agrees that the County shall be the sole owner of all accompanying documents and that upon completion of project construction the City shall provide the County with original construction plans Cas built specifications and other project documents as requested E It is agreed by and among the parties hereto that Chanhassen shall as soon as practicable after the ordering of the project or a portion thereof institute negotiations and diligently pursue the acquisition of said right of way F It is further agreed that in applying its subdivision regulations to future development proposals abutting the portions of road included in this agreement Chanhassen and Chaska will require direct access to CSAH 15 only via public street intersections unless otherwise approved by the County G The method of financing the improvement project shall be the prerogative of the County and Chanhassen and Chaska Funding of the project is subject to the following provisions 1 CONSTRUCTION COSTS a Chanhassen at its expense if any shall be responsible for the relocation of local utilities with the exception of storm sewer improvements b Chanhassen at its expense if any shall be responsible for the relocation of private utilities c Chanhassen will pay one hundred 100 percent of the final costs for landscaping d Chanhassen will pay one hundred 100 percent of costs for roadway improvements e Chanhassen will pay one hundred 100 percent of the final construction costs for storm sewer improvements f Chanhassen will pay one hundred 100 percent of the final construction costs for traffic signal improvements 129 Page 4 of 6 CSAH 15 Agreement Carver County and City of Chanhassen Chaska g For work on CSAH 15 Chanhassen will pay all other expenses included in the construction contract such as subgrade preparation dust control traffic control and mobilization 2 ENGINEERING COSTS The County will reimburse Chanhassen a total amount of 0 0 of the County s portion of the project construction costs as payment for work performed by Chanhassen pursuant to Section B of this agreement 3 REIMBURSEMENTS a During each month of the term of the construction project the City of Chanhassen will bill Carver County for its share of the construction and engineering costs Carver County will reimburse the City of Chanhassen within thirty 30 days for any balance due b Upon completion and final acceptance of the project receipt of a detailed listing of the final actual construction and engineering costs and receipt of accompanying documents pursuant to Section D Carver County will reimburse the City of Chanhassen within thirty 30 days for any balance due In the event the Carver County deposit exceeds the actual final costs of the Carver County share the City of Chanhassen will refund within thirty 30 days such overpayment H INDEMNIFICATION Chanhassen agrees to defend indemnify and hold harmless Chaska and the County against any and all claims liability loss damage or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Chanhassen and or those of Chanhassen employees or agents Chaska agrees to defend indemnify and hold harmless Chanhassen and the County against any and all claims liability loss damage or expense arising under the provisions of this Agreement for which Chaska is responsible and or those of Chaska employees or agents County agrees to defend indemnify and hold harmless Chanhassen and Chaska against any and all claims liability loss damage or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of County and or those of County employees or agents All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law Minnesota Statutes Chapter 466 In the event of any claims or actions filed against any party nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of the provisions of services hereunder shall not be considered employees of Chanhassen and Chaska and that any and all claims that mayor might arise under the Worker s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by third parties as a consequence of any act or omission on the part of said County employees while so engaged in the performance of any of the provisions of services 130 Page 5 of 6 CSAH 15 Agreement Carver County and City of Chanhassen Chaska hereunder shall in no way be the obligation or responsibility of the Chanhassen and Chaska 1 Pursuant to Minnesota Statute 16C 05 Subd 5 Chanhassen and Chaska agree that the County the State Auditor or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary shall have access to and the right to examine audit excerpt and transcribe any books documents papers records etc which are pertinent to the accounting practices and procedures of Chanhassen and Chaska and involve transactions relating to this Agreement Chanhassen and Chaska agree to maintain these records for a period of six years from the date of termination of this Agreement J Pursuant to Minnesota Statute 16C05 Subd 5 the County agrees that Chanhassen or Chaska the State Auditor or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary shall have access to and the right to examine audit excerpt and transcribe any books documents papers records etc which are pertinent to the accounting practices and procedures of the County and involve transactions relating to this Agreement County agrees to maintain these records for a period of six years from the date of termination of this Agreement K During the performance of this Agreement Chanhassen Chaska and the County agree to the following No person shall on the grounds of race color religion age sex disability marital status public assistance status criminal record creed or national origin be excluded from full employment right in participation in be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination L Each party to this agreement reserves the right to withdraw from and cancel this agreement within 30 days from the opening of bids for the project in the event either or both parties consider any or all bids unsatisfactory the withdrawal from or cancellation of the agreement to be accomplished by either or both parties within 30 days of opening of bids by serving a written notice thereof upon the other unless this right is waived by both parties in writing M Each party agrees that any modification of this agreement will be in writing and will be signed by the parties hereto N Each party understands the contract for this project will be awarded in 2006 In the event the contract for this project is not awarded in 2006 this contract shall be subject to renegotiation 131 Page 6 of 6 CSAH 15 Agreement Carver County and City of Chanhassen Chaska IN TESTIMONY WHEREOF The parties hereto have caused these presents to be executed CITY OF CHANHASSEN Mayor City of Chanhassen Approved As To Form City Attorney Date Date 7 U t1 7 Date rfJo 7 Ci ttorney 7 J d 7Date COUNTY OF CARVER MINNESOTA t J County ard Chair Date 7 1 tJ 7 Coun Attes Date Date t tJ11 5 Projects 5AP 194 20 007PA with Chan Chaska 6 5 07 132 EXHIBIT A CARVER COUNTY DIVISION OF PUBLIC WORKS COST PARTICIPATION POLICIES APPLICABLE TO COOPERATIVE HIGHWAY PROJECTS BETWEEN CARVER COUNTY AND OTHER AGENCIES Adopted by the Carver County Board of Commissioners on February 17 1998 Amended by the Carver County Board of Commissioners on February 13 2007 133 TABLE OF CONTENTS Paqe PURPOSE 1 SCOPE 1 G EN ERAL POLIC I ES 1 DEFINITIONS 2 ROADWAYS RIGHT OF WAy 3 CLEARING AND GRUBBING 3 GRADING 3 BASE AND SURFACING 3 STORM SEWER 3 CONCRETE SIDEWALK 4 CONCRETE CURB GUTTER 4 CONCRETE CURB GUTTER AND SIDEWALK FOR MEDIANS 4 CONCRETE DRIVEWAY ENTRANCES 4 MUNICIPAL UTILITY RELOCATION OR RECONSTRUCTION 4 PRIVATE UTILITY RELOCATION OR RECONSTRUCTION 5 TRAFFIC SIGNAL SYSTEMS PERMANENT TRAFFIC SIGNAL INSTALLATION 5 TEMPORARY TRAFFIC SIGNAL INSTALLATION 7 B RIDG ES 9 STREET LIG HTI NG 9 BIKEWAYS 9 LANDSCAPI NG 9 EN G IN EERI NG 1 0 LUMP SU M PRO RATA ITEMS 10 INVOICE AMOUNT COMPUTATION 1 0 MAINTENANCE 10 134 CARVER COUNTY DIVISION OF PUBLIC WORKS 17 COST PARTICIPATION POLICIES APPLICABLE TO COOPERATIVE HIGHWAY PROJECTS BETWEEN CARVER COUNTY AND OTHER AGENCIES I PURPOSE To establish policies for determining appropriate division of cost participation to be used by Carver County in funding cooperative roadway traffic signal and bridge construction projects with the Minnesota Department of Transportation municipalities and other agencies II SCOPE The establishment of cost policy is consistent with Minnesota Statutes Sections 162 17 373 01 471 59 and Amendments III GENERAL POLICIES A The basic premise is that the County pays for costs peculiar to County needs and municipalities pay for costs peculiar to municipal or local needs B The County may limit its participation to items eligible for reimbursement with County State Aid Highway CSAH funds notwithstanding the specific policies contained in this document However the County will not request CSAH funds for project costs assigned to the municipality as a result of the approved cooperative construction agreement in order not to preclude the municipality from using its Municipal State Aid funds for those project costs C A greater degree of County participation is afforded municipalities having a population of less than 5 000 because of the function of the County roadways in these areas It is generally true that these roadways are of greater benefit to County wide users and of less benefit to local users than is the case for roadways in more urbanized areas In addition this would be a form of compensation for the absence of direct State Aid allocations to these municipalities D It is recognized that there may be occasional differences between these policies and written participation policies of the Minnesota Department of Transportation In those cases participation will be negotiated by the County Engineer 1 135 IV DEFINITIONS Bikeway A bicycle route bicycle path or bicycle lane 1 Bicycle Route A roadway or shoulder signed to encourage bicycle use 2 Bicycle Path A bicycle facility designed for exclusive or preferential use by persons using bicycles and constructed or developed separately from the roadway or shoulder 3 Bicycle Lane A portion of a roadway or shoulder designed for exclusive or preferential use by persons using bicycles Bicycle lanes are to be distinguished from the portion of the roadway or shoulder used for motor vehicle traffic by physical barrier striping marking or other similar device Contributinq Flow A storm sewer procedure that considers that each agency participates in proportion to its share of the design discharge for each section of sewer between inflow points This method is used by the Minnesota Office of State Aid on all projects except where federal participation is anticipated County Carver County County Enqineer The County Engineer of Carver County or his designated representative Municipality Any municipality or township within Carver County Over 5 000 A municipality of 5 000 population or more Peak Discharqe A storm sewer method that considers that each agency s share is the ratio of its peak discharge through each section of sewer between inflow points to the summation of peak discharge for all agencies participating in the section of sewer between inflow points Permanent Traffic Siqnal A traffic control signal system normally consisting of metal signal poles with mast arms and underground electrical systems with conduit cable and hand hole installations Storm Sewer A drainage system usually consisting of one or more pipes connecting two or more drop inlets The purpose is to convey surface runoff water from the inlets to an acceptable outlet Street Liqhtinq All components normally installed by a municipality for the purpose of street illumination Standard Specifications Minnesota Department of Transportation Standard Specification for Construction latest edition and or supplement thereto State Aid Manual Manual published by the Minnesota Department of Transportation outlining State Aid policies and procedures State Hiqhway A highway under jurisdiction of the State of Minnesota Temporary Traffic Siqnal A traffic control signal system normally consisting of wood poles with signal indications suspended on span wires and overhead electrical systems Trunk Line Main conveyor of storm sewer system Under 5 000 A municipality under 5 000 population Utilities Water heating electric storm sewer gas sanitary telephone cable TV telegraph street lighting fiber optics etc 2 136 V ROADWAYS The County s participation in roadway projects will be as follows A RIGHT OF WAY 1 Right of way permanent roadway easement slope easement drainage easement and temporary construction easement for existing County highway Under 5 000 Over 5 000 Negotiation by County Engineer Negotiation by County Engineer 2 Right of way permanent roadway easement slope easement drainage easement and temporary construction easement for any newly established or dedicated County highway Under 5 000 Over 5 000 Negotiation by County Engineer Negotiation by County Engineer 3 The County s percentage of participation in retaining walls constructed in lieu of right of way will be the same as for right of way 4 Right of way required for wetland mitigation and for surface water retention basins will be at the same participation ratio as the remainder of the project even if the locations of these facilities are not contiguous to the project B CLEARING AND GRUBBING Under Over 5 000 100 C GRADING Under Over 5 000 100 D BASE AND SURFACING 1 County participation for a 4 lane street or a 2 lane street with parking Under Over 5 000 100 2 County participation in base and surfacing of parking lanes requested by a municipality on a 4 lane street Under Over 5 000 0 E STORM SEWER The County s participation is based on the State Aid formula as defined in State Aid Manual No 5 892 600 605 which uses the ratio of contributing flows except on federally funded projects where the peak discharge formula is used to arrive at the percentage of allowable state Aid funds The construction of retention basins for surface water and storm sewer runoff will be considered part of the trunk storm sewer system and will be at the same participation ratio as the trunk storm sewer lines Participation on County Roads will be determined by using the State Aid formula using the ratio of contributing flows 3 137 1 Trunk lines Under 5 000 Over 5 000 100 of County s Contributing Flow 100 of County s Contributing Flow 2 Catch basins and leads within the County highways and at the curb returns of side roadway entrances that drain onto the County highways Under 5 000 Over 5 000 100 of County s Contributing Flow 100 of County s Contributing Flow No credit is allowed to a municipality for an in place storm sewer system F CONCRETE SIDEWALK CONCURRENT WITH COUNTY CONSTRUCTION PROJECT New Under Over 5 000 Replacement Under Over 5 000 0 100 Except when County Engineer determines existing to be worn out Worn out sidewalk to be treated as new sidewalk G CONCRETE CURB AND GUTTER NEW OR RECONSTRUCTED AND CONCRETE PEDESTRIAN RAMPS NEW OR RECONSTRUCTED CONCURRENT WITH COUNTY CONSTRUCTION PROJECT New Under 5 000 New Over 5 000 Replacement Under Over 5 000 50 0 100 Except when County Engineer determines existing to be worn out Worn out concrete curb and gutter to be treated as new concrete curb and gutter H CONCRETE CURB AND GUTTER AND SIDEWALK FOR MEDIANS NEW OR RECONSTRUCTED CONCURRENT WITH COUNTY CONSTRUCTION PROJECT Under 5 000 Over 5 000 100 100 I CONCRETE DRIVEWAY ENTRANCES NEW OR RECONSTRUCTED CONCURRENT WITH COUNTY CONSTRUCTION PROJECT Under 5 000 Over 5 000 100 100 J MUNICIPAL UTILITY RELOCATION OR RECONSTRUCTION 1 Initial installation performed without a permit or not in compliance with a County permit Under Over 5 000 0 2 Relocation reconstruction improvement or replacement of unserviceable existing facilities County Engineer shall determine if existing facility is serviceable or unserviceable Under Over 5 000 0 3 Relocation necessitated because of addition of parking lane requested by the 4 138 municipality Under Over 5 000 0 4 In kind relocation required solely because of County construction procedures Under Over 5 000 100 5 Adjustment of existing utility structures to accommodate elevation changes at the street surface This includes items such as adjusting manhole castings and valve boxes Lateral extension of utility appurtenances such as hydrants water service valves etc required by the road construction are not included in this category unless they are required solely due to the addition of a parking lane requested by a municipality Under Over 5 000 0 K PRIVATE UTILITY RELOCATION OR RECONSTRUCTION 1 Initial installation was within County right of way Under Over 5 000 0 VI TRAFFIC SIGNAL SYSTEM The County s participation in traffic signal system projects will be as follows A PERMANENT TRAFFIC SIGNAL SYSTEM INSTALLATIONS Intersection of County Hiqhwav with City Street and or Township Road Citv or Township Location 1 County cost participation in the installation of a traffic signal to be proportional to the number of legs that are County highways Le 2 of 4 entering legs are County highways participation equals 50 The County will own the traffic signal the control equipment and electrical wiring including conduit and bases 2 County cost participation in the furnishing and maintenance of electrical power to a traffic signal including the attached street lights to be 0 if the traffic signal is located within a City The City will be responsible for 100 of the costs of furnishing and maintaining electrical power for the traffic signal and the attached street lights 3 County cost participation in the furnishing and maintenance of electrical power to a traffic signal including the attached street lights to be 0 if the traffic signal is located within a Township The Township will be responsible for 100 of the costs of furnishing and maintaining electrical power for the traffic signal and the attached street lights 4 County cost participation in the maintenance of a traffic signal to be 100 unless otherwise stipulated by special agreement with the Minnesota Department of Transportation or other agency The County will provide traffic signal major maintenance and system operation for all county highway intersections Major maintenance includes the signal controller hardware and other associated items The County will provide traffic signal minor maintenance not including the attached street lights at all county highway intersections with city streets and or township roads Minor 5 139 maintenance includes cleaning painting using a Mn DOT acceptable color of paint relamping of a signal system replacing the lamp and cleaning the reflector and lens for all the signal heads and other associated items Cities and or Townships are responsible for 100 of maintenance associated with street lights on a traffic signal 5 County cost participation in any subsequent revisions modifications or updatings of a traffic signal originally installed in accordance with the provisions of this cost participation policy even to the extent of complete reconstruction to be borne in the same manner as the initial installation Intersection of County Hiqhway with State Hiqhway City or Township Location 1 County cost participation in the installation of a traffic signal to be generally consistent with Minnesota Department of Transportation policies 2 County cost participation in the furnishing and maintenance of electrical power to a traffic signal including the attached street lights to be 0 if the traffic signal is located within a City The City will be responsible for 100 of the costs of furnishing and maintaining electrical power for the traffic signal and the attached street lights 3 County cost participation in the furnishing and maintenance of electrical power to a traffic signal including the attached street lights to be 0 if the traffic signal is located within a Township and there are one or more Township Road legs to the intersection The Township will be responsible for 100 of the costs of furnishing and maintaining electrical power for the traffic signal and the attached street lights If there are no Township Road legs to the intersection then the County will be responsible for 100 of the costs of furnishing and maintaining electrical power 4 County cost participation in the maintenance of a traffic signal to be generally consistent with Minnesota Department of Transportation policies Mn DOT will provide traffic signal major maintenance and system operation for all trunk highway intersections Major maintenance includes the signal controller hardware and other associated items The County will provide traffic signal minor maintenance not including the attached street lights at all trunk highway intersections with County highways Minor maintenance includes cleaning painting using a Mn DOT acceptable color of paint relamping of a signal system replacing the lamp and cleaning the reflector and lens for all the signal heads and other associated items Cities and or Townships are responsible for 100 of maintenance associated with street lights on a traffic signal 5 County cost participation in any subsequent revisions modifications or updatings of a traffic signal originally installed in accordance with the provisions of this cost participation policy even to the extent of complete reconstruction to be borne in the same manner as the initial installation Intersection of County Hiqhway with a Private Access City or Township Location 1 County cost participation in the installation of a traffic signal to be 0 The County will own the traffic signal the control equipment and electrical wiring including conduit and bases 2 County cost participation in the furnishing and maintenance of electrical power to a traffic signal including the attached street lights to be 0 The local unit of government City and or Township will be responsible for 100 of the costs of furnishing and maintaining electrical power for all lighting systems 6 140 3 County cost participation in the maintenance of a traffic signal to be 100 unless otherwise stipulated by special agreement with the Minnesota Department of Transportation or other agency The County will provide traffic signal major maintenance and system operation for all county highway intersections Major maintenance includes the signal controller hardware and other associated items The County will provide traffic signal minor maintenance not including the attached street lights at all county highway intersections with city streets and or township roads Minor maintenance includes cleaning painting using a Mn DOT acceptable color of paint relamping of a signal system replacing the lamp and cleaning the reflector and lens for all the signal heads and other associated items Cities and or Townships are responsible for 100 of maintenance associated with street lights on a traffic signal 4 County cost participation in any subsequent revisions modifications or updatings of a traffic signal originally installed in accordance with the provisions of this cost participation policy even to the extent of complete reconstruction to be borne in the same manner as the initial installation B TEMPORARY TRAFFIC SIGNAL INSTALLATION Intersection of County Hiqhwav with City Street and or Township Road Citv or Township Location 1 County cost participation in the installation of a temporary traffic signal to be proportional to the number of legs that are County highways Le 2 or 4 entering legs are County highways participation equals 50 if by cooperative agreement it is the plan of the County the City and or the Township to install a permanent traffic signal at the same location in the future Full credit for the City s and or Township s investment in the installation of a temporary traffic signal will be applied toward the City s and or Township s participation in a permanent traffic signal at the same location if it is installed within the time limits set forth in the cooperative agreement This credit may be extended should circumstances beyond the control of the City and or Township delay the installation of the permanent signal beyond the time limits set forth in the cooperative agreement The County will own the traffic signal the control equipment and electrical wiring including conduit and bases 2 County cost participation in the furnishing and maintenance of electrical power to a temporary traffic signal including the attached street lights to be 0 if the traffic signal is located within a City The City will be responsible for 100 of the costs of furnishing and maintaining electrical power for the traffic signal and the ttached street lights 3 County cost participation in the furnishing and maintenance of electrical power to a traffic signal including the attached street lights to be 0 if the traffic signal is located within a Township The Township will be responsible for 100 of the costs of furnishing and maintaining electrical power for the traffic signal and the attached street lights 4 County cost participation in the maintenance of a temporary traffic signal to be 100 unless otherwise stipulated by special agreement with the Minnesota Department of Transportation or other agency The County will provide traffic signal major maintenance and system operation for all county highway intersections Major maintenance includes the signal controller hardware and other associated items 7 141 The County will provide traffic signal minor maintenance not including the attached street lights at all county highway intersections with city streets and or township roads Minor maintenance includes cleaning painting using a Mn DOT acceptable color of paint relamping of a signal system replacing the lamp and cleaning the reflector and lens for all the signal heads and other associated items Cities and or Townships are responsible for 100 of maintenance associated with street lights on a traffic signal Intersection of Countv Hiqhway with State Hiqhway City or Township Location 1 County cost participation in the installation of a temporary traffic signal to be proportional to the number of legs that are County highways if by cooperative agreement it is the plan of the Minnesota Department of Transportation to install a permanent traffic signal at the same location in the future Said cooperative agreement is to include a provision whereby full credit for the County s investment in the installation of a temporary traffic signal will be applied toward the County s participation in a permanent traffic signal at the same location 2 County cost participation in the furnishing and maintenance of electrical power to a traffic signal including the attached street lights to be 0 if the traffic signal is located within a City The City will be responsible for 100 of the costs of furnishing and maintaining electrical power for the traffic signal and the attached street lights 3 County cost participation in the furnishing and maintenance of electrical power to a traffic signal including the attached street lights to be 0 if the traffic signal is located within a Township and there are one or more Township Road legs to the intersection The Township will be responsible for 100 of the costs of furnishing and maintaining electrical power for the traffic signal and the attached street lights If there are no Township Road legs to the intersection then the County will be responsible for 100 of the costs of furnishing and maintaining electrical power 4 County cost participation in the maintenance of a temporary traffic signal to be generally consistent with Minnesota Department of Transportation policies Mn DOT will provide traffic signal major maintenance and system operation for all trunk highway intersections Major maintenance includes the signal controller hardware and other associated items The County will provide traffic signal minor maintenance not including the attached street lights at all trunk highway intersections with County highways Minor maintenance includes cleaning painting using a MnDOT acceptable color of paint relamping of a signal system replacing the lamp and cleaning the reflector and lens for all the signal heads and other associated items Cities and or Townships are responsible for 100 of maintenance associated with street lights on a traffic signal Intersection of County Hiohway with a Private Access City or Township Location 1 The installation of a temporary traffic signal at an intersection of a County Highway with a Private Access will only be permitted if by written agreement it is the plan to install a permanent traffic signal at the same location by a specific date 2 County cost participation in the installation of a temporary traffic signal to be 0 The County will own the traffic signal the control equipment and electrical wiring including conduit and bases 8 142 3 County cost participation in the furnishing and maintenance of electrical power to a temporary traffic signal including the attached street lights to be 0 The local unit of government City and or Township will be responsible for 100 of the costs of furnishing and maintaining electrical power for all lighting systems 4 County cost participation in the maintenance of a temporary traffic signal to be 100 unless otherwise stipulated by special agreement with the Minnesota Department of Transportation or other agency or party The County will provide traffic signal major maintenance and system operation for all county highway intersections with a private access Major maintenance includes the signal controller hardware and other associated items The County will provide traffic signal minor maintenance not including the attached street lights at all county highway intersections with a private access Minor maintenance includes cleaning painting using a Mn DOT acceptable color of paint relamping of a signal system replacing the lamp and cleaning the reflector and lens for all the signal heads and other associated items Cities and or Townships are responsible for 100 of maintenance associated with street lights on a traffic signal VII BRIDGES The County s participation in bridge projects will be as follows Under Over 5 000 Negotiation by County Engineer VIII STREET LIGHTING The County will not participate in the installation of new street lighting with the exception of those street lights attached to traffic signals on County highways Those lights will be financed on the same basis as the installation of traffic signals Participation in the relocation or reconstruction of existing street lighting will be on the same basis as for municipal utility relocation or reconstruction see Paragraph J of Section No V IX BIKEWAYS Carver County recognizes the increasing use of bicycles as a means of transportation Garver County will consider incorporating bicycle lanes or routes within the roadway design when the route is part of an overall community bicycle system plan when economically feasible to construct and when judged to be in the best interest of the public Bicycle paths separate from the roadway itself will normally not be constructed unless it is part of an overall community plan for a bicycle trail system The County s participation in bicycle routes paths and lanes will be as follows Under Over 5 000 0 X LANDSCAPING The County will participate in State Aid eligible landscaping items with total participation not to exceed 25 of the maximum permitted by State Aid rules 9 143 XI ENGINEERING The County s participation in engineering includes design costs which are cost incurred prior to the award of the contract and contract administration costs which are costs incurred subsequent to the award of contract A The municipality will reimburse the County an agreed negotiated percentage of the municipality s share of the contract construction cost for the Design and or Contract Administration performed by the County Under Over 5 000 Negotiation by County Engineer B The County will reimburse the municipality an agreed negotiated percentage of the County s share of the contract construction cost for the Design and or Contract Administration performed by the municipality Under Over 5 000 Negotiation by County Engineer XII LUMP SUM PRO RATA ITEMS Proposal forms carry lump sum bidding requirements for the items of Mobilization 2021 Maintenance and Restoration of Haul Roads 2051 and Traffic Control 0563 Field Office and Field Laboratory 2031 are not strictly speaking lump sum pay items However their general characteristics are such as to require that they be handled the same as Mobilization A municipality shall be charged a pro rata share of the above items Proration shall be based on a percentage factor applied to the cost amounts chargeable to the County and the municipality for other construction items Mobilization Maintenance and Restoration of Haul Roads Field Office and Field Laboratory and Traffic Control are construction items and shall be subject to the negotiated percentage charge for engineering XIII INVOICE AMOUNT COMPUTATION After bids have been received and a contract awarded and also upon completion of construction the unit prices shall be substituted for the estimated unit prices quantities and the percentage ratio established originally shall be recomputed XIV MAINTENANCE The County is responsible for maintaining the County highway between curbs or between outside edge of shoulders It may enter into agreement with the municipality to perform this work on a reimbursable basis The County is responsible for maintenance of bridges and culverts on the County route The municipality is responsible for maintenance of its utilities including any storm sewer within the County highway right of way The municipality is responsible for maintaining bicycle paths and walking trails within the County highway right of way The municipality is responsible for maintaining boulevard or ditch areas landscaped median areas irrigation systems sidewalk retaining walls steps and other related items within the right of way on an urban design section 10 144 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952 227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site WIfW ci chanhassen mn us 1e MEMORANDUM TO Todd Gerhardt City Manager Paul Oehme P E Dir of Public Works City Engineer 70 August 27 2007 FROM DATE SUBJ Approve Street Name Change of Great Plains Boulevard Old 101 from Lake Susan Drive North to Future Cul de Sac to Paradise Lane Project No 04 06 Simple Majority Vote Required REQUESTED ACTION Approve Street Name Change of Great Plains Boulevard old 101 from Lake Susan Drive north to future Cul de sac to Paradise Lane BACKGROUND The 212 312 project included moving and straightening 101 north of Lake Susan Drive With the realignment of 101 the old section of 101 north of Lake Susan Drive will be turned back to the City as a local street Since 101 current mailing addresses is Great Plains Boulevard the turned back section of the roadway should be renamed since it is not contiguous with 101 any longer Staff has asked residents along old 101 for ideas on what the new name should be The residents created a list of 29 names and tallied their favorites The fire department and other city staff have reviewed the list for conflicts with existing street names Based on this review and the street name ideas supplied by the residents the preferred street name is Paradise Lane Staff has discussed this name with the residents and most residents appear to be in support of the name RECOMMENDATION Staff recommends changing the street Name of Great Plains Boulevard old 101 north of Lake Susan Drive to the future Cul de sac to Paradise Lane Attachments 1 Ordinance Amendment 2 Location Map c Mark Littfin Fire Marshal Jerry Mohn Building Official Pete Anderley Carver County Sherriff s Dept G ENGIPUBLIO 2004 Projects04 06 101 GAPlbkgd 082707 appv str name change doc The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play145 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE CHANGING A STREET NAME THE CITY COUNCrrOFTHE CITY OF CHANHASSEN MINNESOTA ORDAINS SECTION 1 The street name Great Plains Boulevard old 101 from Lake Susan Drive north to future Cul de Sac is changed to Paradise Lane SECTION 2 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this of the City of Chanhassen Minnesota day of 2007 by the City Council A TrEST Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 2007 146 a i l J S1rl iFil 9 f 11 Ui f1I f t rr j I I I I V L kI r J 1010 9 u XPii0IIr I C L1 V T 5 h II E 1 LJ A i i I b II J I V f i J ffjd1 C vI gJ C li JJ2 0fbt ni no JL Q t l i if D tq ZJI l j I II IDi Ir ijft hfJ7 J l b bl IM7 0 j 1 en V IIH qIIit J i i I Lake Susan i w I If I13b 1 liE if 1 r c Fi h ik fi vb f l lJ l I Proposed Name Change I r Q i 0 J to Paradise Lane 0 Vi 9 T VQh i 1 IS i IL q ftM L iS0 l 1 ft6f UriUt bldO Ifi J f n n Iiu i 1 c fi il Kn0I IjIflCJo f lakeDnve j r lttJ iSi0 i1 8 ll ff Jd 7 I August 2007 G ENGJoleen EngProj Pau1 01ParadiseLn mxd147 d a PATROL DIVISION CHANHASSEN STATION Memo To Mayor City Council From Sgt Peter Anderley Date 08 15 2007 oW Re Items for August Council Meeting 1 Sheriffs Office Area Report July Attached 2 Sheriffs Office Area Citation List July Attached 3 Community Service Officer Report 4 Miscellaneous Items I will have brief information for Council on recent activities or items of interest 148 City of Chanhassen Reports For July 2007 149 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 II Crimes Abuse Neglect Chargeable abuse or neglect of children or adults Assault Altercation between parties where actual physical harm occurred Court Order Violations Violation of court orders Disturb Peace Chargeable disturbance of peace Harassment disorderly conduct Drug Violation All drug violations possession of sale of manufacture of Gambling Unlawful operate promote or assist in the operation of gaming Liquor Laws Illegal Consumption sale or possession of liquor Misc Criminal Minor offenses that do not fall under any other classification Property Damage All damage to property including vandalism littering and trespassing on propert Runaway Juvenile runaway Sex Crimes Misc sex crimes criminal sexual conduct sexual abuse pornography indecent exposure Suspicious Activity Suspicious activity where charges result Theft Related Fraud credit card theft 10 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 150 NON CRIMINAL Abuse 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 departmentsAutoAccdFatalityAutoaccidentinwhichafatalityoccurred Auto Accd Injury Auto accident in which injury and property damage occurred Auto Accd Prop Damage Auto accident in which property damage occurred Auto Accd MV vs Deer Auto accident involving a motor vehicle and deer 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 propertyLicenseDayCareBackgroundcheckforlicensingdaycare License Foster Care Background check for licensing foster care License Liquor Background check for liquor licensing License Peddler Background check for peddler licensing Medical Assist persons with medical issues natural cause deaths Mental Health Suicides 72 hr holds for mental health issues Misc Non Criminal General law enforcement questions citizen assists 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 151 CARVER COUNTY SHERIFF S OFFICE City of Chanhassen Month of July 2007 JCITATIONS 2007 2007 2006 2006IM 9 TH I 1 I I M TH I 2 I rimes o o 3 6 39 o 0 o 0 o 1 47 176 o 8 rimes IPart II Grimes Abuse Neglect 0 0 Assault 9 29 Court Order Violation 0 7 Disturb Peace 15 63 Druq Violations 7 30 Gambling 0 0 Liquor Law Viol 11 36 Misc Criminal 6 14 Property Damaae 31 153 Runaway 9 21 Sex Crimes 2 9 Suspicious Activity 0 0 Theft Related 11 67 Traffic Alcohol 12 44 Traffic Other 0 2 Weapons 0 0 I otal Part II Grimes 113 475 ITOTAL CRIMINAL 703166 0 0 0 3 6 30 0 0 0 0 0 1 68 244 6 16 tlU J4 4 6 5 48 3 12 8 37 4 15 0 0 4 23 5 24 31 138 0 14 0 11 1 6 10 66 5 53 0 8 0 1 csu 462 160 756 152 2007 2007 MUNIH I YTD NON Abuse Nealect not charaable 2 28 Adoption Records Check 0 0Alarm94650 Animal 55 356 Assist other Aoency 10 68AutoAccdFatality00 Auto Accd Iniurv 6 55 Auto Accd Prop Damaoe 45 303 Auto Accd MV Deer 2 19 Boat Water 40 67ChildCustodvDispute311 Child Care Asst Unlicensed 0 3 Civil Process 1 18 Dist Peace not charoablef 60 239 Domestic not charoableT 5 46DrivinaComplaints63354 Druo Information Only 2 9 Fire Call 17 135 Gun Permit Acquire 4 54 Gun Permit Carry 7 40GunPermitTransfer00ExplosiveFirearmsDlrPermit00 House Business Check 0 16LicenseDayCare423LicenseFosterCare012 License Liauor 1 28 Medical 64 379 Mental Health 6 40 Misc Non Criminal 160 500MissinaPerson520 Open Door 2 18 Prowler not charoable 4 9 Snowmobile 0 13 Susoicious Act not charqable 128 616TrafficMisc154919 Traffic Radar Display 0 0TrafficStoos3702310Transoort01 Unlock Veh Bldo 11 74WarrantService980 IVIAL NON 1334 fb1 ITOTAL 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QUUot t ft 22uCQCQotjCQ 00 1 0 0 M l l 0 OrOO ONOOM 1 r l ON 00 NN NMONII NNO l NNNNNNONIINrNN OOOOOOOOOOOOOONOOOO OONOOOO NNNNNNNMNNMNMNNfl fl M fl M fl M M M M M M M M fl M M000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 oIINo 0000000000000000l 1I II II l 1I 1I 1I 1I 1I 11 11 II 1I l IINNNNNNNNNNNNNNNN0000000000000000 0QQ0CI N oQoUt2CQooII r 00 o Mi2Qo lrJ1CI rNrJ1NZ000NMEgOE0guE00II E No 167 July CSO Highlights 176 Total Calls CITY OF CHANHASSEN Animal Wild animal calls 7 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 30 Barking Dog 2 Administration Phone 952 227 1100 Fax 952227 1110 Animal at large 3 Impounds 11 Building Inspections Phone 952227 1180 Fax 952 227 1190 Miscellaneous 7 Traffic Personal injury crash 3 Engineering Phone 952 227 1160 Fax 952 227 1170 36 Property Damage crash 3 Finance Phone 952227 1140 Fax 952 227 1110 Stall Motorist assist 15 Other Traffic 8 Park Recreation Phone 952227 1120 Fax 952 227 1110 Vehicle Lock Out 7 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Parks Park Ordinance Enforcement 23 Code Enforcement Planning Natural Resources Phone 952 227 1130 Fax 952227 1110 Junked Vehicle 0 62 Parking 11 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Outdoor Storage 0 Misc 51 Senior Center Phone 952 227 1125 Fax 952 2271110 Other Medicals 8 Web Site www ci chanhassen mn us 18 Fire Calls 3 Other 7 July Comparison 2006 2007 Lock Outs 12 Lock Outs 7 Animal 30 Animal 30 Traffic 35 Traffic 36 Code 33 Code 62 Other 41 Other 18 Parks 10 Parks 23 Total 151 Total 176 Year To Date Comparison 2006 2007 Lock Outs 61 Lock Outs Animal 174 Animal Traffic 268 Traffic Code 151 Code Other 196 Other Parks 35 Parks 48 210 247 159 148 123 Total 762 Total 935 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 play168 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 FROM aL Gregg Geske Fire Chief Roger Smallbeck 15t Assistant Chief Randy Wahl 2nd Assistant Chief Mark Littfin Fire Marshal DATE August 17 2007 SUBJ Monthly City Council update Fire Department Overview Staffing is at 44 active firefighters as of August 15 2007 allocation is 45 PTEs We received our new engine on august 3rd and we are now completing training in order to place the apparatus in service Fire Training This month s training consisted of aerial and search and rescue training at the West Metro Training Facility and Company Function training Fire Marshal No major fires to report The Fire Department responded to 18 calls over a 24 hour period during the recent storms We responded to 29 calls for the week of August 6th through the 12th We are at 356 calls to date 23 ahead of last year Most of the calls during the storm were weather related including lightning strikes fire alarms and power lines down from falling tree branches Fortunately there was no major fire damage or property damage Fire Inspections The following buildings are at various stages of construction The Chanhassen High School Dell Professional Building Life Time Fitness Office 1 and 2 MAMAC Properties Autobahn Motorplex Southwest Village Parking Ramp Sign Source Heartland America warehouse expansion Outset 169 Todd Gerhardt August 17 2007 Page 2 Companies on Galpin Court and Town and Country Town homes and apartment homes We have conducted inspections at Bluff Creek and Chanhassen Elementary Schools The other Chanhassen schools will be completed in the next few weeks Fire Prevention National Night Out was a huge success The Fire Department went out with three trucks visiting three neighborhoods The Fire Department will also be assisting with the Miracles of Mitch Marathon Ed Coppersmith and I have started the preparation and planning for our annual Fire Department Open House as well as fire prevention activities with our four elementary schools 170 CITY OF CHANHASSEN 7700 Markel Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 9522271190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 PublicWorks 1591 Park Road Phone 952227 1300 Fax 952227 1310 Senior Center Phone 952227 1125 Fax 952227 1110 WebSite WIfW ci chanhassen mn us J MEMORANDUM TO Todd Gerhardt City Manager FROM Lori Haak Water Resources Coordinator DA TE August 27 2007 SUBJ Dorsey and Fox Wetland Exemption Appeals O REQUESTED ACTIONS The City Council should 1 Hold a public hearing on the appeals of the staff decisions on the Dorsey and Fox wetland exemptions and 2 Make decisions regarding the appeals of the staff decisions regarding the exemptions AnyCity Council decision regarding these appeals requires a majority of City Council present SUMMARY Wetland exemption requests were submitted in February 2007 by Dorsey Dorsey represented by Rick Dorsey and Jeff Terri Fox City staff reviewed the requests and supporting information and following the receipt and review of the Findings of Fact of the Technical Evaluation Panel rendered a decision on each of the exemption requests five 5 total four 4 on the DorseyDorsey property and one 1 on the Fox property Both parties appealed staff s decisions to the MinnesotaBoard of Water and Soil Resources BWSR which remandedthe appeals to the City The City must complete itslocal appeals process which includes a public hearing before the City Council and decisions by the City Council Staff recommends that the City Council uphold staffs decisions on allfive 5 exemptions and affinn the Findings of the Technical Evaluation Panel TEP MINNESOTA WETLAND CONSERVATIONACT In 1991 the State of Minnesota passed the Minnesota Wetland Conservation Act WCA which regulates the draining and filling of wetlands within the state Acti vities that would otherwise be subject to the requirements of the WCA may be exempted in certain situations The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 2 The implementation of the WCA is regulated by the Minnesota Board of Water and Soil Resources BWSR The WCA is implemented locally by governmental agencies such as cities counties or watershed districts The agency assuming responsibility for the WCA is called the Local Government Unit or LGU The City of Chanhassen is the LGU within its boundaries The City makes exemption no loss and type and boundary determinations at the stafflevel but requires City Council decisions on wetland impact replacement and banking applications as well as appeals The City hasits own wetland regulations Article VI of Chapter 20 of Chanhassen City Code which are administered concurrently with the WCA The more restrictive always appliesGenerally the City Code is more stringent than the WCA One exampleapplies to this case The WCA Minnesota Rule 84200210 states that An exemption may apply whether or not the local government unit hasmade an exemption determination However Chanhassen City Code Section 20 417 a states that Activities exempted by Minnesota Rule 8420 0122 or determined to result in no net loss of wetlands shall be exempted from the provisions of this ordinance However certificates of exemption or no loss must be obtainedfrom the city prior to starting wor emphasis added EXEMPTIONAPPLICATIONS Wetland exemption requests were submitted in February 2007 by Dorsey Dorsey represented by Rick Dorsey and Jeff Terri Fox There were 5 total exemption requests four 4 on the DorseyDorsey property and one l on the Fox property ptU Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 3 DorseyDorsey Application The applicant requested an exemption determination for four 4 basins on the DorseyDorsey property located in the NW of the SW of Section 23 Township 116N Range 23W Carver County Minnesota For all four basins the applicant requested exemptions under MR 84200122 subpart lA which states A replacement planfor wetlands is not requiredfor activities in a wetland that was planted with annually seeded crops or was in a crop rotation seeding ofpasture grass or legumes in six of the last ten years prior to January 1 1991 Documentation such as aerial photographs United States Department ofAgriculture records or affidavit of landowner must be required by the local government unit to showand use as evidence for this exemption Land eligible for this exemption must be wetland types 1 and 2 The LGU decision dated April 6 2007 reflected the following Basin 1 Exemption request denied The wetland was not an annually seeded crop or in a rotation of pasture grass or legumes Also a portion of this wetland is not type 1 or type 2 wetland Basin 2 Exemption request approved The area was annually seeded with crops from 1981 through 1986 and is a type 1 wetland Basin 3 Exemption request denied The wetland was not an annually seeded crop or in a rotation ofpasture grass or legumes Basin 4 Exemption request approved The area was annually seeded with crops six often years prior to 1991 and is a type 1 or type 2 wetland All exempt wetlands will be subject to the IO year deed recording requirements set forth inMR 84200115 The appeal submitted on behalf of Rick Dorsey on May 4 2007 makes nineteen 19 allegations The allegations are listed below in bold with the TEP response as formulated on June 26 2007 by Brad Wozney Minnesota Board of Water and Soil Resources Greg Graczyk Carver Soil and Water Conservation District and Lori Haak City of Chanhassen shown in plain type 1 Rick Dorsey appeals the determination of the City of Chanhassen under the Wetland Conservation Act as contained in the April 6 2007 letter and Notice of Wetland Conservation Act Decision and TEP Findings of Fact by Lori Haak Water Resources Coordinator City of Chanhassen No response Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 4 2 The City of Chanhassen is the Local Government Unit LGU implementing the Wetland Conservation Act inCarver County Minnesota No response 3 Dorsey s exemption request was heard concurrently with an exemption request by adjoining landowner Fox The two cases have issues in common No response 4 The decision is contrary to law arbitrary and capricious and unsupported by substantial evidence The decision maker applied the wrong standard of proof applying a standard that required conclusive proof The staff decision was based on the Findings of Fact prepared by the Technical Evaluation TEP Panelconsistent with state law and rules regarding wetland activities The landowners affidavits and other evidence were fully evaluated and the TEP Findings indicated that aerial photographs did not support the applicants contentions 5 Rick Dorsey is a General Partner of Dorsey and Dorsey who is the owner of real property located in the NW of SW of Section 23 Township 116 Range 23 Carver County Minnesota Street Address 1551 Lyman Blvd PID 250230400 No response 6 On or about February 5 2007 Rick Dorsey submitted an application for approval of a wetland project Dorsey applied for an exemption determination for four areas designated as Sites 1 4 respectively The purpose of the exemption request was to obtain declaratory determination establishing that the sites were exempt in 1991 and that they remain exempt The evidence was presented at a meeting lastingapproximately one hour The evidence showed that the sites were already exempt were former wetlands all of which havebeen drained excavated and or filled as of passage of WCA The Findings of the TEP and the staff decision differ from the applicant s interpretation of the rule and the interpretation ofthe evidence presented The four 4 basins were not automatically exempt in 1991 Pursuant to city ordinance any decision made regarding an exemption must be made only after application Additionally although Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 5 evidence was presented at the aforementioned meeting the TEP did not make a decision at that time regarding the evidence that was presented 7 The decision regarding the two areas designated as Site 2 andSite 4 are impacted by the same legal error The evidence established that prior to 1987 site 2 and 4 met the criteria for WCA exemption lA Specifically the land was used for row crops Minn Stat 103G 2241 subdivision IA part 1 Further based on available evidence it was determined that during the time period of 19811986 the subject areas showed no sign of a wetland or were of type 1 or 2 and if type 2 were less than 2 acres Having found that the sites were exempt at that time however the LGU incorrectly imposed a ten year deed restriction dating from the time of the exemption determination rather than from the date of theexistence of the exemption itself The decision wrongly assumes that the purpose of an exemption determination is to authorize a particular activity as of the date of the exemption request From this error the exemption decision determines that the panel should place an agricultural restriction effective after the date of the exemption determination As a result of this error the decision wrongly concludes that the applicant must restrict his usage of the property for at least ten years after the date of the decision Exemptions are self executing and the date of the exemption determination is irrelevant for purposes of applying the exemption The applicant requested an exemption under MR 84200122 subpart 1A No determination has been made by the TEP with respect to subpart 1D for these four 4 basins The TEP disagrees that exemptions apply from the time of the passage of the Act The wetland itself is not exempted by the law but rather activities are exempt MR 8420 0115 requires the 10 year deed recording at the time of the proposed exempt activity is certified by the LOU The TEP did not find that the sites were exempt 1981 1986 The evidence submitted does not show that the activities prior to 1991 were sufficient to make the areas non wetland Pursuant to City Code Section 20 406 the City as LOU requires application for exemptions 8 With respect to Site 3 the evidence showed that a wetland of some kind may have existed on this site prior to 1981 During that time the area was fenced and used as pasture for dairy cows The County then in 1981 widened Lyman Boulevard and lawfully used this area for clean nIl arising from the road constructionThe road project created a new clean swale along the 20 foot high roadembankment In 19811982 the site was reseeded and used as pasture In 1983 after the balance of lowland was filled with soil hauled in from Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 6 another City project the south portion of the former wetland was planted in soybeans and the north half reseeded in pasture grass hay which was mechanically harvested and sold through 1988 Thus at the time WCA was passed there was no wetland and the land would have been exempt as of the date that WCA became effective The TEP Panel wrongly focused on an artificial wet area which developed along the road ditch The decision that Site 3 is not exempt is arbitrary and capricious unlawful and contrary to the evidence Further as discussed below the TEP Panel and LGU applied the wrong standard in evaluating the evidence The TEP focused on the area that was flagged by the applicant s wetland delineator Mr Ben Meyer of Bonestroo and Associates Best professional judgment and photographic evidence do not support the exemption for Site 3 as detailed in the TEP Findings 9 With respect to Site 1 the TEP used an on site visit on March 22 2007 to determine the size and type of wetland area to be impacted as the basis for itsdecision to deny the exemption request This review was irrelevant as it did not review the status of size and type prior to 1991 The type determination for Site 1 was not made on site on March 22 2007 The type determination was made using aerial photographs and the wetland type definitions set forth inMR 84200110 subp 54a items A through C 10 In the relevanttime period for exemption determination there was no wetland on site 1 Within the application as well as at the predetermination meeting with the TEP Panel Dorsey and Ben Meyer a Senior Environmental Consultant with Bonestroo Rosene Anderlik and Associates representing Dorsey provided detailed information regarding the issue of wetland size between 1981 and 1989 They showed that the former wetland had been drained and tiled for over thirty years by the time the WCA was enacted In an aerial photo from 1963 supplied to the TEP panel in the application onecan see the Y shape shadow line on the land including the site area Once again the TEP asserts that the size and type prior to 1991 are irrelevant The evidence submitted does not show that the activities prior to 1991 were sufficient to make the areas non wetland The TEP disagrees that exemptions apply from the time of the passage of the Act The wetland itself is not exempted by the law but rather activities are exempt Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 7 11 Minn Stat 103G 2241 subd l a l and Minn Rules Part 84200122 subp l a state that a replacement plan for wetlands is not required for activities in a wetland that were annually seeded with crops or were in crop rotation seeding of pasture grass or legumes in 6 of the most recent 10 years prior to January 1 1991 Because these lands met that requirement as of January 1 1991 the panel wrongly looked at the condition of the land as of a later date City staff disagrees See response to allegation 7 12 The site was excavatedand wetland soil types were removed in 1989 with approval from the City of Chanhassen for reasons described in detain sic in the application The excavation was done to make a man made surface water management pond The plan approved by the City and of public record included a survey and topographical map the application included a copy of said documents which surveyed the former wetland area in site 1 At that time the high water ponding area from the incidental pond starting to form as a result of a blocked ditch discussed in the application Scaling it out the size is less than 07 acres in total Under exemption lA the determination is based on pre existing land use to the WCA enactment not current time use Forthis reason the size and type of wetland are to be based on what was there pre 1991 using historical datasic The Owner provided the TEP Panel with a survey and topographical map submitted to the City of Chanhassen in 1989 and accepted in the public record as part of an excavation permit for the site It shows the size of the historic wetland on site 1 had been between 06 and 07 acres The hydric soils in the approximately 07 acre site which were already drain tiled but blocked were excavated in 1989 with the hydric soils removed from the site and the depression left as a man made surface water management pond for reasons described in detail in the application A stormwater management pond was created after the wetland soil types were removed from the site With respect to the applicant s exemption request the purpose of the pond excavation is irrelevant However the TEP disagrees regarding the purpose of the pond The staff report for the wetlandalteration permit application number 8816 states that The applicants have met with staff to discuss the creation of a wildlife pond on their property J 0 Ann Olsen met with Dr Elizabeth Rockwell of the Fish and Wildlife Service on site Dr Rockwellfelt that construction of the pond in the wetland would be beneficial if the standard six conditions ofthe Fish and Wildlife service were followed The size and type of wetland discussed Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 8 in the wetland alteration permit application are irrelevant because a formal wetland delineation was not completed as part of the application Additionally the project proposed an excavation of approximately four 4 feet within the wetlandfrom an elevation of approximately 889 to a bottom elevation of approximately 885 This would result in a wetland type change from a waterlogged to a standing water condition not a conversion to non wetland 13 Site 1 has been draintiled and farmed for more than 23 years prior to 1986 As a former wetland through and including 1986 it would not be type able because it was not a wetland In 1987 1988 when water started to puddle into the growing season it was incidental to ditch blockage on neighboring property Any wet ground on the site today is not a natural wetland it is a man made storm pond that is now overflowing without an emergency overflow The increase in the storm pond size since 1989 is due to surface water drainage blocked on neighboring property and seepage of the storm pond saturating a buffer area Neither of which was intended to create wetlands when the pond was created The aerial photographs that were submitted show the area was wetland prior to 1986 and that the wetland existed prior to excavation and following excavation 14 Even ifthere had been a wetland at the relevanttime period it still would havebeen in error to deny the exemption because the land was devoted to exempt agricultural uses Evidently the panel misconstrued the meaning of the terms crop pasture grass and legumes and misconstrued the meaning of the subdivision l a I exemption The TEP did not misconstrue the meaning of these terms nor of the requested exemption The exemption cited in allegation 14 does not exist 15 Hayland is dermed as anarea that was mechanically harvested or that was planted with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the last ten years Minn Stat 103G 005 subd 10 c Minn Rules Part 84200110 subp 20 So noted The term hayland does not appear inMR 84200122 subpart 1 A Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 9 16 Agricultural land is defined as land used for horticultural row close grown pasture and hayland crops Minn Stat 103G 005 subd 2 a Minn Rules Part 84200110 subp 4 So noted The term agricultural land does not appear inMR 84200122 subpart 1A 17 The statute rules and SONAR support a plain reading of the exemption requested by Dorsey City staff and the TEP properly and fairly interpreted the exemption request by Dorsey and properly and fairly applied the statute rules and SONAR in reaching their recommendations and decisions 18 A crop is any plant that is grown in significant quantities to be harvested as foodlivestock fodder or for another economic purpose Pastureis land with herbaceous vegetation cover used for grazing of livestock as part of a farm or ranch The key difference between pasture and crop is that a crop isharvested for use away from the specific location that it is grown whereas with pasture an animal grazes and consumes the plant as it is growing A legume is a plant in the family Fabaceae or Leguminosae ora fruit of these plants Well known legumes include alfalfa clover peas beans lentils lupins and peanuts The terms annually seededand rotation are significant in the application ofMR 84200122 subpart 1A The term pasture does not appear except as a modifier for the term grass therefore this differentiation is not significant 19 The recordin this case consists of a variety of documents maps and other submissions to the LGU and TEP as well as approximately one hour of testimony presented to the panel It appears based on the decision of the panel that this testimony was not considered as a result of the panel s erroneous belief that an exemption can only be granted upon conclusive photographic evidence No recording or minutes were taken during the meeting between the applicant Mr Ben Meyer and the TEP so it is unclear how this testimony can be part of the record in this case All information presented or submitted was considered by the TEP in its decisions including the applicant s testimony and affidavits and the TEP findings and staff decision were not based on the alleged erroneous belief but rather on a full and complete consideration of evidence both supporting and contradicting the exemption determination Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 10 Fox Application The applicant requested an exemption determination for one 1 basin on the Jeff Terri Fox property located in the NE ofthe SW of Section 23 Township 116N Range 23W Carver County Minnesota For this basin the applicant requested an exemption under MR 84200122 subpart 1D which states A replacement planfor wetlands is not required for activities in a type 1 wetland on agricultural land except for bottomland hardwood type 1 wetlands and activities in a type 2 or type 6 wetland that is less than two acres in size and located on agricultural land The LGU decision dated April 6 2007 reflected the following Basin 1 Exemption request denied The wetland is a type 3 wetland with a type 2 fringe that is more than 2 acres in size The entire wetland basin is approximately 33 acres in size The appeal submitted on behalf ofJeff and Terri Fox on May 4 2007 makes nine 9 allegations The allegations are listed below in bold with the TEP response as formulated on June 26 2007 by Brad Wozney MinnesotaBoard of Water and Soil Resources Greg Graczyk Carver Soil and Water Conservation District and Lori Haak City ofChanhassen shown in plain type 1 Jeff and Terri Fox appeal the determination of the City of Chanhassen under the Wetland Conservation Act as contained in the April 6 2007 letter and Notice of Wetland Conservation Act Decision and TEP Findings of Fact by Lori Haak Water Resources Coordinator City of Chanhassen No response 2 The City of Chanhassen is the Local Government Unit LGU implementing the Wetland Conservation Act in Carver County Minnesota No response 3 The decision is contrary to law arbitrary and capricious and unsupported by substantial evidence The decision maker applied the wrong standard of proof applying a standard that required conclusive proof Dorsey Fox Wetland ExemptionAppeals August 27 2007 Page 11 The staff decision was based on the Findings of Fact prepared by the Technical Evaluation TEP Panelconsistent with state law and rules regarding wetland activities The landowners affidavits and other evidence were fully evaluated and the TEP Findings indicated that aerial photographs did not support the applicants contentions 4 Jeff and Terri Fox are owners of real property located in the NE of SWYiof Section 23 Township 116 Range 23 Carver County Minnesota Street Address 1551 Lyman Blvd PID 250230500 No response 5 On or about January 25 2007 Jeff and Terri Fox submitted an application for approval to fill so as to utilize type 1 wetlands for the purpose of agricultural production utilizing standard farming practices and machinery The application was submitted on February 20 2007 6 The property for which Jeff and Terri Fox are seeking a Wetland Conservation Act exemption was at most a Type 1 Wetland entitled to an exemption declaration At the hearing appellant presented evidence from a competent expert Ben Meyer a Senior Environmental Consultant with Bonestroo Rosene Anderlik and Associates that the property in question was a former Type 1 exempt wetland The panel visited the site on March 22 2007 at a time that the ground was frozen A record snow approximately 30 inches had recently fallen and then melted in about eight days just prior to the review causing flood waters to pond on the frozen ground The type determination for Basin 1 was not made on site on March 22 2007 The type determination was made using aerial photographs and the wetland type definitions set forth inMR 84200110 subp 54a items A through C 7 The Panel erroneously failed to recognize that a storm pond in the area on neighboring property is man made and not a type 2 and 3 wetland Further the Panel failed to take into account that the size of the wetland on the site is historically significantly smaller The area of wet ground has expanded because a drainage ditch had been driven over by farm machinery and collapsed blocking drainage and forcing surface water to redirect itself across a larger area to re enter the drainage ditch at a lower elevation as such incidental water has been included in the TEP Panel determination Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 12 The TEP disagrees regarding the purpose of the pond The staff report for the wetlandalteration permit on the neighboring DorseyDorsey property application number 8816 states that The applicants have met with staff to discuss the creation of a wildlife pond on their property Jo Ann Olsen met with Dr ElizabethRockwell of the Fish and Wildlife Service on site Dr Rockwell felt that construction of the pond in the wetland would be beneficial if the standard six conditions of the Fish and Wildlife service were followed In light of this information the open water area is a wetland not a stormwater pond No determination regarding incidental wetland was requested by the applicant or made by the TEP 8 The decision fails to set out findings of fact which support a rmding that there is a type 3 wetland The decision merely checks a box which provides insufficient explanation for administrative or judicial review It fails to demonstrate that the panel applied the correct standards or law or that it took a hardlook at the evidence in light of the applicable law It is impossible from the hearing decision to determine whether the panel applied the correct standards or what evidence the panel considered or whether the panel was reviewing evidence as of the appropriate time The TEP employed best professional judgment the Circular 39 definitions ofwetland types as set forth in the online version of Shaw and Fredine s Wetlands of the United States their extent and their value to waterfowl and other wildlife version 05JAN99 and summarized in MR 84200110 subp 54a items A through C the gradingplan for the wetlandalteration permit on the neighboring DorseyDorsey property application number 8816 and aerial photography to make the wetland typing determination 9 As more fully explained in the Dorsey appeal a copy of which is appended to this appeal the record inthis case consists of a variety of documents maps and other submissions to the LGU and TEP as well as approximately one hour of testimony presented to the panel and done in conjunction with the Dorsey case It appears based upon the decision of the panel in the accompanying Dorsey case that in addition the panel was applying the wrong burden of proof and that it believed that an exemption can only be granted upon conclusive photographic evidence No recording or minutes were taken during the meeting between Mr Ben Meyer Mr Rick Dorsey and the TEP so it is unclear how this testimony can be part of the record in this case All information presented or submitted was considered by the TEP in its decisions Dorsey Fox Wetland ExemptionAppeals August 27 2007 Page 13 STAFF RECOMMENDATION Staff recommendsthat the City Council 1 Hold a public hearing 2 Consider all testimony and evidence and 3 Adopt amotion upholding staffs decisions on all five 5 exemptions and affirming the Findings ofthe Technical Evaluation Panel TEP RECOMMENDED MOTION The Chanhassen City Council upholds staffs decisions on all five 5 exemptions and affirming the Findings of the Technical Evaluation Panel TEP ATTACHMENTS 1 Findings of Fact 2 FoxDorsey Wetland Exemption Appeal Location Map 3 Affidavit of Publication reo Appeals of DorseyDorsey and Jeff and Terri Fox dated June 28 2007 4 Order Remand of Wetland Conservation Act Appeal of DorseyDorsey dated June 6 2007 5 Memorandum from J Haertel reo Appeal of DorseyDorsey dated May 9 2007 6 Letter from G Von Korffre Appeal of DorseyDorsey dated May 4 2007 7 Appeal of DorseyDorsey dated May 4 2007 8 Memorandum from L Haak dated April 12 2007 9 Minnesota Wetland Conservation Act Technical Evaluation Panel Findings of Fact for Dorsey Wetland Exemption dated April 6 2007 10 Minnesota Wetland Conservation Act Certificate of Mailing ofNotice of Wetland Conservation Act Decision for Dorsey Wetland Exemption dated April 6 2007 11 Letter from L Haak reo DorseyDorsey Wetland Exemption Application dated April 6 2007 12 Letter from L Haak reo DorseyDorsey Wetland Exemption Application Review Period Extension dated AprilS 2007 13 Email from B Meyer reo DorseyDorsey Wetland Exemption Affidavit of Land Use dated March 20 2007 14 Email from B Meyer reo DorseyDorsey Wetland Exemption Aerial Photographs 1981 1986 dated March 12 2007 15 Letter from L Haak reo DorseyDorsey Wetland Exemption Application Incomplete dated February 20 2007 16 Letter from B Meyer reo Dorsey Dorsey Wetland Exemption Application dated February 7 2007 Dorsey Fox Wetland ExemptionAppeals August 27 2007 Page 14 17 Email from B Meyer reo Dorsey Dorsey Wetland Exemption Determination dated November 16 2007 2 23 pm 18 Email from B Meyer reo DorseyDorsey Wetland Exemption Determination dated November 16 2007 8 47 am 19 Excerpts from the Minnesota Wetland Conservation Act MR 8420 20 Staff report for George Dorsey Wetland Alteration Permit WAP 8816 dated January 4 1989 21 Wetland Alteration Permit for George Dorsey Wetland Alteration Permit WAP 8816 recorded September 18 1989 22 Excerpts from Wetlands ofthe United States Their Extent and Their Value to Waterfowl and Other Wildlife by Shaw and Fredine printed July 12 2007 23 Order Remand of Wetland Conservation Act Appeal of Jeff Terri Fox dated June 7 2007 24 Memorandum from J Haertel reo Appeal of Jeff Terri Fox dated May 9 2007 25 Letter from G Von Korffre Appeal of Jeff Terri Fox dated May 4 2007 26 Appeal of Jeff Terri Fox dated May 4 2007 27 Minnesota Wetland Conservation Act Technical Evaluation Panel Findings of Fact for Jeff Terri Fox Wetland Exemption dated April 6 2007 28 Minnesota Wetland Conservation Act Certificate of Mailing of Notice of Wetland Conservation Act Decision for Jeff Terri Fox Wetland Exemption dated April 6 2007 29 Letter from L Haak reo Jeff Terri Fox Wetland Exemption Application Review PeriodExtension dated AprilS 2007 30 Letter from B Meyer reo Jeff Terri Fox Wetland Exemption Application dated February 20 2007 31 Aerial photographs 1979 2005 32 Gradingplan for George Dorsey Wetland Alteration Permit WAP 8816 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACTAND DECISION IN RE Application of DorseyDorsey and Jeff Terri Fox for Wetland Act Appeal of an Exemption Determination On August 27 2007 theChanhassen City Council met at its regularly scheduled meeting to consider the application of DorseyDorseyDorsey and Jeff Terri Fox for Wetland Act Appeal of an Exemption DeterminationThe cases were consolidated for public hearing purposes and shall be similarly joined together in these findings and conclusions The City Council conducted a public hearing on the proposed appeals which was preceded by published notice The City Council heard testimony from all interested persons wishing to speak and now makes the following FINDINGS OF FACT 1 The Dorsey and Fox properties are currently zoned A2 Agricultural Estate 2 The properties are guided in the Land Use Plan for Low or Medium Density Residential 3 The legal descriptions of the property are attached as Exhibit A 4 The City of Chanhassen is the LocalGovernmental Unit LGU implementing the Wetland Conservation Act WCA in the City 5 The City makes exemption no loss and type and boundary determinations at the staff level but requires City Council decisions on wetland impact replacement and banking applications as well as appeals 6 In administering the WCA the City applies both state law and rules and applicable city ordinances the most restrictive applies 7 The WCA Minnesota Rule 84200210 states that An exemption may apply whether or not the local government unit hasmade an exemption determination 8 Chanhassen City Code Section 20 417 a states that Activities exempted by Minnesota Rule 8420 0122 or determined to result in no net loss of wetlands shall be exempted from the provisions of this ordinance However certificates of exemption or no loss must be obtained from the city prior to starting work emphasis added 9 The applicants exemptionapplication was fully evaluated by the Technical Evaluation Panel TEP and City Staff see staff report Item 4 of the August 27 2007 City Council Agenda prepared by Lori Haak et aI whichis incorporated herein 10 The Dorsey application involves four basins and the Fox application involves one basin 11 With regard to Dorsey sites 1 and 3 aerial photographs do not show that the area was planted with crops for the period required by the exemption Aerial photos show sufficient seeding with crops to meet the exemption criteria for Sites 2 and 4 With regard to Sites 2 and 4 recent statutory and rule changes to the WCA See Chapter 57 2007 Session Laws and Minn Rules84200115 and 84200122 eliminate the ten year deed restriction requirement for exemption determinations under84200122 Subpart lA 1 12 With regard to the Fox site the wetland is a Type 3 with a Type 2 fringe that is more than 2 acres in size and therefore ineligible for the exemption applied for by the applicant DECISION The City Council affirms the April 6 2007 Notice of Decision regarding the Fox and Dorsey properties except for the stated requirement of a recorded deed restriction relating to the exemption determination for Dorsey Sites 2 and 4 ADOPTED by theChanhassen City Council this 2ih day of August 2007 CHANHASSEN CITY COUNCIL BY Mayor ATTEST City ClerkManager 2 EXHIBIT A Dorsey Dorsey Parcel Number 25 0230400 NW1 4 SW1I4 Section 23 Township 116 Range 023 WestCarver County Minnesota Jeffrey Terri Fox Parcel Number 25 0230500 NE1I4 SW1I4 Section 23 Township 116 Range 023 WestCarver County Minnesota EXC THAT PIO SHOWN ASPARCEL 64 ON MN DOT R O W PLAT 1019 Fox Dorsey Wetland Exemption Appeal Location Map C R 18 Dorsey Property II Affidavit of Publication Southwest Newspapers State of Minnesota SS County of Carver Laurie A Hartmann being duly sworn on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil lager and has full knowledge of the facts herein stated as follows A These newspapers have complied with the requirements constituting qualification as a legal newspaper as provided by Minnesota Statute 331A02 331A07 and other applicable laws as amended B The printed public notice that is attached to this Affidavit and identified as No Lf1waspublishedonthedateordatesandinthenewspaperstatedintheattachedNoticeandsaid Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of the newspaper specified Printed below is a copy of the lower case alphabet from A to Z both inclusive and is herebyacknowledged as being the kind and size of type used in the composition and publication of the Notice CITY OF CHANHASSEN CARVER HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the ChaiIhassen City Council will 1101d a public hearing on Monday July 9 2007 at 7 00p m in the Council Chambers in ChanhassenCity Hall 7700 Market Blvd Thepurpose ofthishearing is to consider an appeal of a wetland exemption determination on property 10catedintheNorthHalfof Section 23 Township 116N Range 23W Southwest corner of Lyman Boulevard and Powers Boulevard Lori Haak Water Resources Coordinator Email lhaakiilcLchanhassen rim us Phon 952 227 1135 Published in the Chanhassen VillageronThutsday June28 2007 No 4909 Laurie A Hartmann Subscribed and sworn before me on thi J2 dY of 2007 l j Notary Public GWEN M RADUENZ NOTARY PUBUC MINNESOTA My Commission Expires Jan 31 2010 RATE INFORMATION Lowest classified rate paidby commercial usersfor comparable space4000 per columninch Maximum rate allowed by law for the above matter 4000 per columninch Rate actually charged for the above matter 11 89 per columninch JIiiIl ta Water SoiIResources June 6 2007 Lori HaakWater Resources Coordinator City of Chanhassen P O Box 147 Chanhassen MN 55317 RECEIVED JUN 8 2007 CITY OF CHANHASSEN Gerald Von Korff Rinke Noonan P O Box 1497 St Cloud MN 55302 1497 In Re Order Remand of Wetland Conservation Act Appeal Dorsey Dorsey City of Chanhassen Carver County File 07 14 Dear Ms Haak and Mr Von Korff Please find enclosed an Order that remands the Wetland Conservation Act petition for appeal of DorseyDorsey dated May 4 2007 to appeal the April 6 2007 Wetland Conservation Act exemption determination located in the NW ofthe SW of Section 23 T 116N R 23W City ofChanhassen Carver County Localadministrative remedies have not been exhausted The appeal will be held in abeyance pending completion ofthe administrative proceedings The proceedings must be completed within 60 days ofthe date ofthe Order unless the parties mutually agree to an extension oftime Under remand the City of Chanhassen as the local government unit administering the Wetland Conservation Act must conduct apublic hearing on the wetland exemption application The public hearing must be presided over by a panel of at least three members All persons should be given a full and fair opportunity to speak and submit information The information may consist of additional or new information that was not previously considered All documentsthat are submitted or relied upon should be identified on the record at the hearing The panel must develop an adequate record that considers a written Technical Evaluation Panel report The decision must include sufficient written findings of fact that support the decision and address any disagreement ifthere is any with the Technical Evaluation Panel report The proceedings ofthe hearing or hearings where the wetland exemptionapplication is considered should be tape recorded such that averbatim transcript could be made available or adequate minutes must Bem kIP Brainerd Duluth FeJgus Fas Marshall New Vim Rochester 5atid Paul 701 Minnesota Avenue 1601 Minnesota Drive 394 S Lake Avenue 1004 Frontier Trail 1400 E Lyon Street 261 Highway 15S 2300 Silver Creek 520 Lafayette Road N Suite 234 Brainerd MN 56401Room 403 Fergus Falls MN 56537 Box 267 New Vim MN 56073 Road NE Saint Paul MN 55155 Bemidji MN 56601 phone 218 828 2383 Duluth MN 55802 phone 218736 5445 Marshall MN 56258 phone 507 359 6074 Rochester MN 55906 phone 651 296 3767 phone 218 755 4235 fax 218 828 6036 phone 218 723 4752 fax 218736 7215 phone 507537 6060 fax 507 359 6018 phone 507 281 7797 fax 651 297 5615 fax 218 755 4201 fax 218 723 4794 fax 507537 6368 fax 507 285 7144 Web www bwsrstate mn us TTY 800627 3529 An equal opportunity employer @Printed on recycled paper Lori Haak Gerald Von Korff June 6 2007 Page 2 be taken The decision must be noticed in the same manner as any wetland exemption determination An appeal of the decision can be made The current appeal is finalized upon the city s decision being made under remand and properly noticed It is my understanding no panel board or commission has been previously delegated the authority to decide on Wetland Conservation Act matters such as this Thus the City Council would conduct the public hearing and make a final decision on the wetland exemption application Minn Rules Parts 84200115 and 84200122 Subp lA are the major focus for this appeal The petition for appeal states The decision wrongly assumes that the purpose of an exemption determination is to authorize aparticular activity as ofthe date of the exemptionrequest The Scope of Exemption Standards Minn Rules Part84200115 sixth paragraph states in pertinent part can make no use ofthe wetland area after it is drained excavated or filled otherthan as agricultural land for ten years after the draining excavating or filling unless it is first replaced The petition for appeal claims wetlands that were exempt in 1991 remain exempt However a wetland exemption determination must apply to the circumstances at the time ofthe wetland exemptionapplication It appears the decision ofcity staff was not in error and correctly interpreted application ofthe exemption standards to the conditions at the time the exemptionapplication was made Similarly the decision of city staff weighed the evidence including the landowner s affidavit and interpretation of aerial photography and concluded the exemption standards were not met Please feel free to contact me at 651 297 2906 or at theSaint Pauladdress if I may be of further assistance in this matter SincerelY O I V ufo 1b Haertel ater Management Specialist Enclosure Lori Haak Gerald Von Korff June 6 2007 Page 3 cc Greg Graczyk Carver SWCD DRC Members Tom Overton AG O Doug Norris DNR Eco Services BWSR John Jaschke Doug Thomas Dave Weirens Steve Woods Lynda Peterson Brad Wozney Minnesota Board of Water and Soil Resources 520 Lafayette Road North St Paul Minnesota 55155 In the Matter of the Wetland Conservation Act appeal filed by Gerald Von Korff for Dorsey Dorsey of an exemption determination located in the SW lf4 of Section 23 T 116N R 23W Carver County ORDER REMANDING APPEAL Whereas a petition dated May 4 2007 was received on May 7 2007 from Gerald Von Korff Rinke Noonan on behalf of Dorsey Dorsey c o Rick Dorsey to appeal a Wetland Conservation Act exemption determination made by the City of Chanhassen Water Resources Coordinator on April 6 2007 located in the NW lf4 of the S W lf4 of Section 23 T 116N R 23W City ofChanhassen Carver County and Whereas the City of Chanhassen is the local government unit administering the Wetland Conservation Act and Whereas a Wetland Conservation Act wetland exemption application was made by Dorsey Dorsey on February 5 2007 and Whereas the Wetland Conservation Act exemption determination made on April 6 2007 by the City of Chanhassen Water Resources Coordinator was to deny the wetland exemptionapplication for Sites 1 and 3 and to approve the wetland exemption application for Sites 2 and 4 and Whereas the Wetland Conservation Act Minn Stat 14 06 103B101 103B3355 103G2242 and Minnesota Rules Chapter 84200250 Subp 3 require a petition for appeal not be granted when the petitioner has not exhausted alllocal administrative remedies and allows a petition for appeal to be remanded to the local government unit when the petitioner has not exhausted alllocal administrative remediessuch as a local government unit public hearing and Whereas effective on May 9 2007 after the April 6 2007 exemption determination and after the May 4 2007 petition for appeal the Wetland Conservation Act Minn Stat 103G 2242 Subd 2a d was revised to require appeals of decisions made by designated local government staff to be made to the local government unit and Whereas the City ofChanhassen Wetland Conservation Act exemption determination made on April 6 2007 was made by a staff individual and no public hearing was held prior to the decision on the wetland exemption application and Whereas to qualify for the wetland exemption applied for the application must contain sufficient evidence to support approval of the wetland exemption application Now Therefore the Board makes the following Order ORDER The Board hereby remands to the City of Chanhassen the Wetland Conservation Act petition for appeal of Gerald Von Korff Rinke Noonan on behalf of Dorsey Dorsey co Rick Dorsey to appeal a Wetland Conservation Act exemption determination made by the City of Chanhassen Water Resources Coordinator on April 6 2007 located in the NW Y4 of the SW Y4 of Section 23 T 116N R 23W City ofChanhassen Carver County to conduct a public hearing on the wetland exemption application to develop an adequate record that considers a written Technical Evaluation Panel Report and includes written findings of fact that support the decision and address any disagreement with the Technical Evaluation Panel Report to tape record the hearing such thata verbatim transcript can be made or adequate minutes taken and to notice the decision as requiredby the Wetland Conservation Act pursuant to Minn Stat 103G 2242 Subd 9 and Minn Rules Chapter 84200250 Subp 3 Under remand the decision must be made within 60 days of the date of this order unless the parties mutually agree to an extension of time Under remand the appeal will be held in abeyance Dated at Saint Paul Minnesotathis I0 day of June 2007 MINNESOTA BOARD OF WATER AND SOIL RESOURCES By i O lc John G aschke ExecutI e DIrector IijIIiIlMinfa SoilResources MEMORANDUM May 9 2007 TO DRC Randy Kramer Kay Cook Louise Smallidge Paul Brutlag Quentin Fairbanks Tom Overton A G O D Ug OQj D rvices J b l1J Haertel Water Management Specialist PH 651 297 2906 In Re WCA Appeal ofan Exemption Determination City ofChanhassen Carver County File 07 14 Please find enclosed acopy ofthe above referenced petition in which awetland exemption determination is being appealed The appeal regards the denial of a wetland exemption application on land used or sometimes used for agricultural purposes Please contact me if you have any comments or questions Enclosure cc Lori Haak City of Chanhassen Greg Graczyk Carver SWCD Christie Eller A G O BWSR John Jaschke Doug Thomas Dave Weirens Steve Woods Brad Wozney BemitJi Brainerd Duluth Fergus Falls Marshall New Vim Rochester Saint Paul 701 Minnesota Avenue 1601 Minnesota Drive 394 S Lake Avenue 1004 Frontier Trail 1400 E Lyon Street 261 Highway 15S 2300 Silver Creek 520 Lafayette Road N Suite 234 Brainerd MN 56401Room 403 Fergus Falls MN 56537 Box 267 New DIm MN 56073 Road N E Saint Paul MN 55155 Bemidji MN 56601 phone 218828 2383 Duluth MN 55802 phone 218736 5445 Marshall MN 56258 phone 507359 6074 Rochester MN 55906 phone 651 296 3767 phone 218755 4235 fax 218828 6036 phone 218723 4752 fax 218736 7215 phone 507537 6060 fax 507359 6018 phone 507 281 7797 fax 651 297 5615 fax 218755 4201 fax 218 7234794 fax 507537 6368 fax 507285 7144 Web www bwsr state mn us TTY 800627 3529 An equal opportunity employer @Printed on recycled paper STATE OF MINNESOTA BOARD OF WATER SOIL RESOlTRCES The Matter of the Appeal ofDorseyDorsey c o Rick Dorsey of the Determination ofthe Local Government Unit s Findings and Conclusions LGU City ofChanhassen APPEAL OF WETLAND CONSERVATION ACT DETERMINATION TO THESTATE OF MINNESOTA THROUGH ITS BOARD OF WATER SOIL RESOURCES AGENCY ADMINISTERlNG THE WETLAND CONSERVATION ACTION MINNESOTA STATUTES CHAPTER 103G RULES PART 8420 Rick Dorsey for his appeal ofthe determination of the City ofChanhassen states and alleges the following 1 Rick Dorsey appeals the determination of the City of Chanhassen under the Wetland Conservation Act as contained n the Apri16 2007 letter and Notice of Wetland Conservation Act Decision and TEP Findings of Fact by Lori Haak Water Resources Coordinator City of Chanhassen Exhibit 1 2 The City of Chanhassen isthe Local Government Unit LGU implementing the Wetland Conservation Act in Carver County Minnesota 3 Dorsey s exemption request was heard concurrently with an exemption request by adjoining landowner Fox The two cases have issues in cortunon 4 The decision is contrary to law arbitrary and capricious and unsupported by substantial evidence The decision maker applied the wrong standard ofproof applying a standard that required conclusive proof PMay 4 2007 C2004 1008 F IDATA20453 OOIIPleadinglDorsey FINAL Appeal tollWSR wpdjck 1 5 Rick Dorsey is a General Partner of Dorsey and Dorsey who is the owner ofreal property located in the NW 14 of SW 14 of Section 23 Township 116 Range 23 Carver County Minnesota Street Address 1551 Lyman Blvd pill 250230400 6 On or about February 5 2007 Rick Dorsey submitted an application for approval of a wetland project Dorsey applied for an exemption determination for four areas designated as Sites 1 4 respectively The purpose of the exemption request was to obtain declaratory determination establishing that the sites were exempt in 1991 and that they remain exempt The evidence was presented at a meeting lasting approximately one hour The evidenceshowed that the sites were already exempt were former wetlands all of which have been drained excavated andor filled as ofpassage of WCA 7 The decision regarding the two areas designated as Site 2 and Site 4 are impacted by the same legal error The evidence established that prior to 1987 site 2 and 4 met the criteria for WCA exemption 1A Specifically the land was used for row crops l Minn Stat 103G 2241 subdivision IA part 1 Further based on available evidence it was determined that during the time period of 1981 1986 the subject areas showed rio sign ofa wetland or were of 1 With respect to site 2 the drainage drain tile and fill activity occurred prior to 1991 The evidence shows it was annually seeded with crops for the required number of years petween the time period 1981 1991 TheLGU agrees to the exemption The exemption occurred at the time of enactment of the WCA and not at the time of the formal application MN Rule 8420 0210 paragraph 2 An exemption may apply whether or not the local government unit has made an exemption determination As such an exemption for the work alieady done in the wetland was effectively grandfathered in with the WCA when it became effective in 1992 Because it was exempt under Subp lA for work already done a certificate pf exemption was not needed or requested Again in that a certificate was not requested does not mean an exemption did not apply PMay 4 2007 C20070423 F IDATAI20453 OOIPleadinglDorsey FINAL Appeal to BWSR wpd dvf 2 type 1 or 2 and iftype2 were less than 2 acres Having found that the sites were exempt at that time however the LGU incorrectly imposed a tem year deed restriction dating from the time of the exemption determination rather than from the date of the date of the existence of the exemption itself The decision wrongly assumes that the purpose ofan exemption determination is to authorize a particular activity as of the date of the exemption request From this error the exemption decision determines that the panel should place an agricultural restriction effective after the date of the exemption determination As a result of this error the decision wrongly concludes that the tpplicant must restrict his usage of the property for at least ten years after the date of the decision Exemptions are self executing and the date ofthe exemption determination is irrelevant for purposes of applying the exemption 8 With respect to Site 3 the evidence showed that a wetland of some kind may have existed on this site prior to 1981 During that time the area was fenced and used as pasture for dairy cows The County then in 1981 widened Lyman Boulevard and lawfully used this area for clean fill arising from theroad construction The road project created a new clean swale along the 20 foot high road embankment In 1981 1982 the site was reseeded and used as pasture In 1983 aftt r thebalance oflowland as filled with soil hauled in from another City project the south portion of the former wetland was planted in soybeans and the north half reseeded in pasture grass hay which was mechanically harvested and sold through 1988 Thus at the time WCA was passed there was no wetland and the land would have been exempt as of the date that WCA became effective The TEP Panel wrongly focused onan artificial wet area which developed along theroad ditch The decision that Site 3 is not exempt is arbitrary PMay 4 2007 C2007 0423 F IDATA20453 OOIIPleadinglDorseyFINAL Appeal to IlWSRwpd dvf 3 and capricious unlawful and contrary to the evidence Further as discussed below the TEP Panel and LGU applied the wrong standard in evaluating the evidence 9 With respect to Site 1 the TEP Panel used anon site visit March 22 2007 to determine the size and type of wetland area to be impacted as the basis for its decision to deny the exemption request This review was irrelevant as itdid not review the status of size and type prior to 1991 10 In the relevant time period for exemption determination there was no wetland on site 1 Within the application as well as at the predetermination meeting with the TEP Panel Dorsey and Ben Meyer a Senior Environmental Consultant with Bonestroo Rosene Anderlik and Associates representing Dorsey provided detailed information regarding the issue of wetland size between 1981 and 1989 They showed that the former wetland had been drained and tiled for over thirty years by the time the WCA was enacted In an aerial photo from 1963 supplied to the TEP Panel in the application one can see the Y shape shadow line on the land including the site area 11 Minn Stat s103G 2241 subd 1 a 1 and Minn RulesPart 84200122 subp l a state that a replacement plan for wetlands is not required for activities in a wetland that were annually seeded with crops or were in crop rotation seeding ofpasture grass or legumes in 6 of the most recent 10 years prior to January 1 1991 Because these lands met that requirement as of January 1 1991 the panel wrongly looked at the condition of the land as of a later date 12 The site was excavated and wetland soil types were removed in 1989 with approval from the City of Chanhassen for reasons described in detain in the application The excavation was done to make a man made surface water management pond The plan approved PMay 4 2oo7 C2007 0423 F DATA20453 00IIPleadingDorsey FINAL Appeal to BWSR wpd dvf 4 by the City and of public record included a survey and topographical map the application included a copy of saiddocuments which sUrveyed the former wetland area in site 1 At that time the high water ponding area from the incidental pond starting to form as a result of a blocked ditch discussed in the application Scaling it out the size is less than 07 acres in total Under exemption lA the determination is based on pre existing land use to the WCA enactment not current time use For this reason the size and type of wetland are to be based on what was there pre 1991 Ising historical data The Oller provided the TEP PaneJ with a survey and topographical map submitted to the City of Chanhassen in 1989 and accepted in the public record as part of an excavation permit for the site It shows the size of the historic wetland on site 1 had been between 0 6 and 0 7 acres The hydric soils in the approximately 07 acre site which were already drain tiled but blocked were excavated in 1989 with the hydric soils removed from the site and the depression left as a man made surface water management pond for reasons described in detail in the application A stormwater management pond was created after the wetland soil types were removed from the site 13 Site 1 has been drain tiled and farmed for more than 23 years prior to 1986 As a fonner wetland through and including 1986 it would not be type able because it was not a wetland hi 19871988 when water started to puddle into the growing season it was incidental to ditch blockage on neighboring property Any wet ground on the site today is not a natural wetland it is a man made storm pond that is now overflowing without an emergency overflow The increase in the storm pond size since 1989 is due to surface water drainage blocked on neighboring property and seepage of the storm pond saturating a buffer area Neither of which was intended to cre te wetlands when the pond was created PMay 4 2007 C20070423 F IDAT A20453 00 1 IPleadinglDorseyFINAL Appeallo BWSR wpd dyf 5 14 Even if there had been a wetland at the relevant time period it still would have been in error to deny the exemption because the land was devoted to exempt agricultural uses Evidently the panel misconstrued the meaning of the terms crop pasture grass and legumes and misconstrued the meaning of the subdivision 1 a I exemption 15 Hayland is defmed as an area that was mechanically harvested or that was planted with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the last ten years Minn Stat gl03G 005 subd 10 c Minn RulesPart 8420 0110 subp 20 16 Agricultural land is defined as land used for horticultural row close grown pasture and hayland crops Minn Stat g103G 005 subd 2 a Minn Rules Part84200110 subp 4 17 The statute rules and SONAR support a plain reading ofthe exemption requested byDorsey 18 A crop is any plant that is grown in significant quantitiesto be harvested as food livestock fodder or for another economic purpose Pasture is land with herbaceous vegetation cover used for grazing of livestock as part of a farm or ranch The key difference between pasture and crop is that a crop is harvested for use away from the specific location that itis grownwhereas with pasture an animal grazes and consumes the plant as it is growing A legume is a plant in the family Fabaceae or Leguminosae or a fruit ofthese plants Well known legumes includealfalfa clover peas beans lentils lupins and peanuts 19 The record in this case consists of a variety of documents maps and other submissions to the LGU and TEP as well as approximately one hour of testimony presented to the panel It appears based upon the decision ofthe panel that this testimony was nQt considered PMay 4 2007 C2007 0423 F DATA20453 00JIPleadingDorsey FINAL Appeal to BWSRwpd dvf 6 as a result of the panels erroneous belief that an exemption can only be granted upon conclusiv photographic evidence wherefore appellant requests that the decision of the panel requiring a ten year deed restriction from date of decision be reversed and that the decision of the paneldenying xemptions to two parcels be reversed Dated May L 2007 RJNRENOONAN kByZt2AL Gerald W Yon Korff 113232 Attorneys for Rick Dorsey 1015 WSt Germain St Ste 300 P O Box 1497 S1 Cloud MN 56302 320 251 6700 PMay 4 2007 C20070423 F IDATA204S3 OOlPleadinglDorsey FINAL Appeallo BWSR wpd dvf 7 RINKE NOONAN A T TOR N EYS A T LAW SUITE 300 USBANK PLAZA P O Box 1497 1015 W ST GERMAIN STREET ST CLOUD MINNESOTA 56302 1497 TELEPHONE 320 251 6700 FAX 320 656 3500 EMAIL MAIL@RNOON COM WWW RNOON COM RECEIVED MAY 07 Z007 May 4 2007 o YO CITY OF CHANHASSEN lJ IIvO 4t r OIyMrJimHaertel Minnesota Board of Water and Soil Resources 520 Lafayette Road North St Paul MN 55155 Re Our File No 20453 001 Dear Mr Haertel Enclosed for filing along with the filing fee of 200 00 is DorseyDorsey c o Rick Dorsey s appeal of the decision of the Local Government Unit City of Chanhassen By this letter I am also verifying to you that on the same day we have mailed a copy of the Petition for Appeal to the LGU at the following address City of Chanhassen ATTN Lori HaakWater Resources Coordinator 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Thank you for your prompt attention to this matter Sincerely RINKENOONAN By Gerald WVon Korff dvf Enclosures cc Rick Dorsey w encl Cit A i PMay 2 2007 C2007 0502 FDAT A20453 OOILetters BWSR appeal filing Dorseywpd dvf RINKE NOONAN SMOLEY DETER COLOMBO WIANT VON KORFF a HOBBS LTD 0 Michael Noonan William A Smoley Kurt A Deter Barrett L Colombo James LWiant Gerald W Van Korff Sharon G Hobbs David J Meyers1 2J6 John J Meuers Roger C JustinJ4 John J Babcock Jill A Adkins Igor S Lenzner Gary R Leistico4 5 John C Kolb Scott G Hamak PamelaA Steckman Stefanie L Brown Tanya T Hinkemeyer Ryan J Hatton1 Benjamin B Bohnsack3 lim A Sime7 James A Mogen Nicholas R Delaney4 Chad D Miller Adam A Ripple Brodie L Miller Sarah E Fisher 1 Qua ified neutral under Rule 114 2 AReal Propeny LawSpecialist certifiedby the Minnesota State Bar Association 3 Admitted topracticeJaw in Wisconsin 4 Admitted topractice Jaw In North Dakota 5 Admitted topractice law in South Dakota 6 Sherburne CountyExaminer of Titles 7 Admitted topractice Jawin Arizona STATE OF MINNESOTA BOARD OF WATER SOIL RESOURCES The Matter ofthe Appeal of Dorsey Dorsey c o Rick Dorsey of the Determination of the Local Government Unit s Findings and Conclusions LGU City ofChanhassen APPEAL OF WETLAND CONSERVATION ACT DETERMINATION TO THE STATE OF MINNESOTA THROUGH ITS BOARD OF WATER SOIL RESOURCES AGENCY ADMINISTERING THE WETLAND CONSERVATION ACTION MINNESOTA STATUTES CHAPTER 103G RULES PART 8420 Rick Dorsey for his appeal of the determination of the City of Chanhassen states and alleges the following 1 Rick Dorsey appeals the determination of the City of Chanhassen under the Wetland Conservation Act as contained in the April 6 2007 letter and Notice of Wetland Conservation Act Decision and TEP Findings of Fact by Lori Haak Water Resources Coordinator City ofChanhassen Exhibit 1 2 The City of Chanhassen is the Local Government Unit LGU implementing the Wetland Conservation Act in Carver County Minnesota 3 Dorsey s exemption request was heard concurrently with an exemption request by adjoining landowner Fox The two cases have issues in common 4 The decision is contrary to law arbitrary and capricious and unsupported by substantial evidence The decision maker applied the wrong standard of proof applying a standard that required conclusive proof PMay 4 2007 C2004 1008 F IDATA20453 001PleadinglDorsey FINAL Appeal o BWSR l djck 1 5 Rick Dorsey is a General Partner of Dorsey and Dorsey who is the owner of real property located in the NW 14 of SW 14 of Section 23 Township 116 Range 23 Carver County Minnesota Street Address 1551 Lyman Blvd PID 250230400 6 On or about February 5 2007 Rick Dorsey submitted an application for approval of a wetland project Dorsey applied for an exemption determination for four areas designated as Sites 1 4 respectively The purpose of the exemption request was to obtain declaratory determination establishing that the sites were exempt in 1991 andthat they remain exempt The evidence was presented at a meeting lasting approximately one hour Theevidence showed that the sites were already exempt were former wetlands all of which havebeen drained excavated and or filled as of passage ofWCA 7 The decision regarding the two areas designated as Site 2 andSite 4 are impacted by the same legal error The evidence establishedthat prior to 1987 site 2 and 4 met the criteria for WCA exemption lA Specifically the land was used for row crops 1 Minn Stat 103G 2241 subdivision lA part 1 Further based on available evidence it was determined that during the time period of 1981 1986 the subject areas showed no sign of a wetland or were of I With respect to site 2 the drainage drain tile and fill activity occurred prior to 1991 The evidence shows it was annually seeded with crops for the required number of years between the time period 1981 1991 The LGU agrees to the exemption The exemption occurred at the time of enactment of the WCA and not at the time of the formal application MN Rule 8420 0210 paragraph 2 An exemption may apply whether or not the local government unit has made an exemption determination As such an exemption for the work already done in the wetland was effectively grandfathered inwith the WCA when it became effective in 1992 Because it was exempt under Subp lA for work already done a certificate of exemption was not needed or requested Again in that a certificate was not requested does not mean an exemption did not apply PMay 4 2007 C2007 0423 F IDAT A20453 00JIPleadinglDorseyFINAL Appeal toBWSR wpd dvf 2 type 1 or 2 and if type 2 were less than 2 acres Having found that the sites were exempt at that time however the LGU incorrectly imposed a ten year deed restriction dating from the time of the exemption determination rather than from the date of the date of the existence ofthe exemption itself The decision wrongly assumes that the purpose of an exemption determination is to authorize a particular activity as of the date of the exemption request Prom this error the exemption decision determines that the panel should place an agricultural restriction effective after the date of the exemption determination As a result ofthis error the decision wrongly concludes that the applicant must restrict his usage of the property for at least ten years afterthe date of the decision Exemptions are self executing and the date ofthe exemption determination isirrelevant for purposes of applying the exemption 8 With respect to Site 3 the evidence showed that a wetland of some kind may have existed on this site prior to 1981 During that time the area was fenced and used as pasture for dairy cows The County then in 1981 widened Lyman Boulevard and lawfully used this area for clean fill arising from the road construction The road project created a new clean swale along the 20 foot high road embankment In 1981 1982 the site was reseeded and used as pasture In 1983 after the balance of lowland was filled with soil hauled in from another City project the south portion of the former wetland was planted in soybeans and the north half reseeded in pasture grass hay which was mechanically harvested and sold through 1988 Thus at the time WCA was passed there was no wetland and the land would havebeen exempt as of the date that WCA became effective The TEP Panel wrongly focused onan artificial wet area which developed along the road ditch The decision thatSite 3 is not exempt is arbitrary PMay 4 2007 C2007 0423 F DATA20453 00IIPleadingDorsey FINAL Appeal to BWSR wpd dvf 3 and capricious unlawful and contrary to the evidence Further as discussed below the TEP Panel and LGU applied the wrong standard in evaluating the evidence 9 With respect to Site 1 the TEP Panel used anon site visit March 22 2007 to determine the size and type of wetland area to be impacted as thebasis for its decision to deny the exemption request This review was irrelevant as it did not review the status of size and type prior to 1991 10 In the relevant time period for exemption determination there was no wetland on site 1 Within the application as well as at the predetermination meeting with the TEP Panel Dorsey and Ben Meyer a Senior Environmental Consultant with Bonestroo Rosene Anderlik and Associates representing Dorsey provided detailed information regarding theissue of wetland size between 1981 and 1989 They showed that the former wetland had been drained and tiled for over thirty years by the time the WCA was enacted In an aerial photo from 1963 supplied to the TEP Panel in the application onecan see the Y shape shadow line on the land including the site area 11 Minn Stat sl03G 2241 subd 1 a 1 and Minn Rules Part84200122 subp l a state that a replacement plan for wetlands is not required for activities in a wetland that were annually seeded with crops or were in crop rotation seeding of pasture grass or legumes in 6 of the most recent 10 years prior to January 1 1991 Because theselands met that requirement as of January 1 1991 the panel wrongly looked at the condition of the land as of a later date 12 The site was excavated and wetland soil types were removed in 1989 with approval from the City of Chanhassen for reasons described indetainin the application The excavation was done to make a man made surface water management pond The plan approved PMay 4 2007 C20070423 F IDATA20453 001PleadinglDorsey FINAL Appeal to BWSR1d dvf 4 by the City and of public record included a survey and topographical map the application included a copy of said documents which surveyed the former wetland area in site 1 At that time the high water ponding area from the incidental pond starting to form as a result ofa blocked ditch discussed in the application Scaling it out the size is less than 07 acres in total Under exemption lA the determination is based on pre existing land use to the WCA enactment not current time use For this reason the size and type of wetland are to be based on what was there pre 1991 using historical data The Owner provided the TEP Panel with a survey and topographical map submitted to the City of Chanhassen in 1989 and accepted in the public record as part of an excavation permit for the site It shows the size of the historic wetland on site 1 had been between 0 6 and 07 acres The hydric soils in the approximately 07 acre site which were already drain tiled but blocked were excavated in 1989 with the hydric soils removed from the site and the depression left as a man made surface water management pond for reasons described in detail in the application A storm water management pond was created after the wetland soil types were removed from the site 13 Site 1 has been drain tiled and farmed for more than 23 years prior to 1986 As a former wetland through and including 1986 it would not be type able because it was not a wetland In 19871988 when water started to puddle into the growing season it was incidental to ditch blockage on neighboring property Any wet ground on the site today is not a natural wetland it is a man made storm pond that is now overflowing without an emergency overflow The increase in the storm pond size since 1989 is due to surface water drainage blocked on neighboring property and seepage ofthe storm pondsaturating a buffer area Neither of which was intended to create wetlands when the pond was created PMay 4 2007C2007 0423 FIDAT A20453 00IIPleadinglDorsey FINAL Appeal to BWSR wpd dvf 5 14 Even if there had been a wetland at the relevant time period it still would have been in error to deny the exemption because the land was devoted to exempt agricultural uses Evidently the panel misconstrued the meaning ofthe terms crop pasture grass and legumes and misconstrued the meaning of the subdivision 1 a 1 exemption 15 Hayland is defined as an area that was mechanically harvested or that was planted with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the last ten years Minn Stat s103G 005 subd 10 c Minn Rules Part 8420 0110 subp 20 16 Agricultural land is defined as land used for horticultural row close grown pasture and hayland crops Minn Stat sl03G 005 subd 2 a Minn Rules Part 8420 0110 subp 4 17 The statute rules and SONAR support a plain reading of the exemption requested by Dorsey 18 A crop is any plant that is grown in significant quantities to be harvested as food livestock fodder or for another economic purpose Pasture is land with herbaceous vegetation cover used for grazing of livestock as part of a farm or ranch The key difference between pasture and crop is that a crop is harvested for use away from the specific location that it is grown whereas with pasture an animal grazes and consumes the plant as it is growing A legume is a plant in the family Fabaceae or Leguminosae or a fruit of these plants Well known legumes include alfalfa clover peas beans lentils lupins and peanuts 19 The record in this case consists of a variety of documents maps and other submissions to the LGU and TEP as well as approximately one hour of testimony presented to the panel It appears based upon the decision of the panel that this testimony was not considered PMay 4 2007 C2007 04 23 F IDATA20453 00IIPleadinglDorsey FINAL Appeallo BWSR wpd dvf 6 r J as a result of the panel s erroneous belief that an exemption can only be granted upon conclusive photographic evidence Wherefore appellant requests that the decision of the panel requiring a ten year deed restriction from date of decision be reversed and that the decision of the panel denying exemptions to two parcels be reversed Dated May L 2007 RINKE NOONAN kByIkZ Gerald W Von Korff 113232 Attorneys for Rick Dorsey 1015 WSt Germain St Ste 300 P O Box 1497 St Cloud MN 56302 320 251 6700 PMay 4 2007 C2007 0423 F IDATA20453 00IIPleadinglDorsey FINAL Appeallo BWSR wpd dvf 7 Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision Nameand Address of Local Government Unit City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Name of Applicant Dorsey Dorsey Project Name Dorsey Wetland Exemption Application Number n a Type of Application check one lZl Exemption Decision o No Loss Decision o Replacement Plan Decision o Banking Plan Decision o Wetland Type Boundary Decision Date of Decision April 6 2007 Check One lZl Approved Sites 2 and 4 o Approved with conditions lZl Denied Sites 1 and 3 Summary of ProjectDecision indicate exemption number per MN Rule 8420 0122 if applicable 1A The applicant requested exemptions for Sites 1 4 on the property in the NW 14 of the SW 14 of Section 23 Township 116N Range 23W in Carver County Minnesota Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of Chanhassen denies the exemption requests for Sites 1 and 3 Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 62007the City of Chanhassen approves the exemPtion requests for Sites2 and 4 List of Addressees Landowner Dorsey Dorsey c o Rick Dorsey 14215 Greenview Court Eden Prairie MN 55346 Members of Technical Evaluation Panel Greg Graczyk Carver SWCD Brad Wozney BWSR Watershed Distl1ct or Watershed Management Organization If Applicable Bob Obermeyer RPBCWD EXHIBIT f i Page lof2 Department of Natural Resources Regional Office select ap ro riate office NW Region NE Region Central Region Southern Region Regional Director Reg Env Assess Eco Reg Env Assess Eco Reg Env Assess Eco 2115 Birchmont Beach Rd NE Div EcoServices Div EcoServices Div EcoServices Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South Grand Rapids MN 55744 St Paul MN 55106 New Ulm MN 56073 DNR Representative Kate Drewry Area Hydrologist Corp of Engineers Project Manager Joe YantaACOE Department of the Army Corps of Engineers St Paul District ATTN CO R 190 Fifth Street East St Paul MN 55101 1638 Individual members of the public who requested a copy summary only Ben Meyer Bonestroo Jeff Fox You are hereby notified that the decision of the Local Government Unit on the above referenced application was made on the date stated above A copy of the Local Govemment Unit s Findings and Conclusions is attached Pursuant to Minn R 84200250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act Additional approvals or permits from local state andfederal agencies may be required Check with all appropriate authorities before commencing work in or near wetlands April 6 2007 Date Lori Haak Water Resources Coordinator Name and Title Attachments 1 TechnicalEvaluation Panel Findings of Fact dated April 6 2007 Page 2 of2 I I l l Mihnesota Wetland Conservation Act Technical Evaluation Panel Findings of Fact 1 I 1 J 1 Date April 6 2007 LGU City ofChanhassen County Carver LGU Contact Lori Haak Water Resources Coordinator Project Name Dorsev Wetland Exemption Phone 952227 1135 Location of Project NW 23 116N 23W 141414 Sec Twp Range LotBlock City Chanhassen County Carver TEP Members and others whoreviewed project Check if viewed project site LGU Lori Haak BWSR Brad Wozney SWCD Greg Graczyk D DNR ifapplicable Other Wetland Experts present None TEP requested by LGU 1 Type of TEP determination requested check those that apply Exemption WCA Exemption JA Wetland Boundary and Type No Loss Replacement Plan 2 Description ofWetland s with proposed impact see attached a Wetland Type Circular 39 Cowardin b Wetland Size c Size of Proposed Impact acres and square feet 3 52 acres 153 331 sf 3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information D Yes D No if no list why nla 4 Is the project consistent with the intent of the comprehensive local water plan and or the watershed district plan the metropolitan surface water management plan and metropolitan groundwater management plan and local comprehensive plan and zoning ordinance DYes D No if no list why nla 5 How will the project affect the following wetland functions Functions Impact Floodwater Storage Nutrient Assimilation Sediment Entrapment Groundwater Recharge Low Flow Augmentation AestheticsIRecreation Shoreland Anchoring Wildlife Habitat Fisheries Habitat Rare PlantAnimal Habitat Commercial Uses nla No Impact Improve 6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level DYes D No if no list why nla 7 Does Technical Evaluation Panel recommend approval of the activity proposed in item I see attached DYes D Yes with Conditions D No if no list why If no why 8 List TEP findings to support recommendation in question 7 above see attached 9SIGNATURES ifTEP recommendation is 1ot a COlSenSlIS lote with all asterisk and exolain 01 tllback of this page SWCD Re rese tativ Xtc v GU Representative Date BW AdJ h Vr1 5flClJJ res v I OVJr I r1Fvvv tel DNF Page I of e Dorsey TE Findings of Factdoc Dorsey Wetland Exemption TEP Findings of Fact April 6 2007 Attachment 2 Description of Wetland s with proposed impact Site 1 Type 3 with a Type 2 fringe 2 0 acres on subject property 33 acres total Site 2 Type 1 0 96 acres Site 3 Type 20 39 acres Site 4 Type 20 17 acres on subject propelty 1 34 acres total 7 Does the Technical Evaluation Panel recommend Approval of Activity proposed in item I Site 1 No Site 2 Yes Site 3 No Site 4 Yes 8 List TEP findings to support recommendation in question 7 above TEP members from the LGU and the Carver SWCD conducted an on site review on March 22 2007 Site 1 The aerial photographs from 1981 to 1986 show a change in the cropping pattern around the apparent wetland edge that do not support the argument that the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes insix of the last ten years prior to January 1 1991 Additionally the affidavit supplied by the landowner signed March 19 2007 states thatSite 1 was in hayland and was mechanically harvested in the years 1981 1986 This is not an annually seeded crop or a rotation of pasture grass or legumes Also a portion of this wetland is not Type 1 or Type 2 wetland Site 2 The aerial photographs from 1981 to 1986 show that the area was annually seeded with crops Additionally the affidavit supplied by the landowner signed March 19 2007 supports this finding Site 3 The affidavit supplied by the landowner signed March 19 2007 states thatSite 3 was pasture and soybeans in the years 1981 1986 However the aerial photographs from 1983 1984 1985and 1990 show changes in vegetation management around the apparent wetland edge that do not support the argument that the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes in six of the last ten years plior to January 1 1991 Several of the photos 1981 1988 are not clear enough to draw conclusions regarding the crop history in and around Site 3 Therefore it cannot be conclusively determined thatthat the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes insix of the last ten years prior to January 1 1991 Site 4 The affidavit supplied by the landowner signed March 19 2007 states thatSite 4 was planted in row crops of sweet com and soybeans in the years 1981 1986 The aerial photographs from 1981 to 1991 show thatSite 4 was planted in row crops six of ten years prior to 1991 All exempt wetlands will be subject to the 10 year deed recording requirements set forth in MR 8420 0115 A TTACHMENTS 1 Aelial photographs 1981 through 1986 2 Affidavit of landowner signed March 19 2007 March 12 2007 City of Chanhassen Attn Lori Haak 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Re Dorsey WCA Ag Exemption Application Ms Haak Enclosed are the FSA aerial photos from 1981 to 1986 that pertain to the WCA Agricultural Exemption for the Dorsey property These photos are provided as a supplement to the original application and provide documentation as outlined in Minnesota Rule 8420 0122 Subpart 1 A Please feel free to contact me at 651 604 4767 or ben meyer@bonestroo com if you have any questions regarding these supplemental materials Sincerely Benjamin L Meyer Certified Wetland Delineator Sr Wetland Scientist Cc Rick Dorsey Greg Graczyk Carver SWCD Brad Wozney BWSR 2335 Highway 36 W SI Paul MN 55113 Tel 651 636 4600 Fax651 636 1311 www bonestroo com Bonestroo WETLAND SITE REVIEW 1981 FIGURE 1 la 1 Bonestroo I 102L mj DWf VV0 t I nrll Review rlVJr 1901 FSA AERIAL PHOTO MAf CH 1 7 2007 f ICK DOf SEY AGRICULTURAL EXEMPTION WETLAND SITE REVIEW 1982 FIGURE 2 I1y Bonestroo 1 2 207024 Cod Dwg WetlondReview dwg 1982 FSA AERIALPHOTO s MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION WETLAND SITE REVIEW 1983 FIGURE 3 Bonestroo 1 2 207024 Cad Dwg Wetland Review dwg 1983 FSA AERIAL PHOTO s MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION WETLAND SITE REVIEW 1984 FIGURE 4 t Bonestroo I 2707024 Cad Dwg Wetland Review dwg 1984 FSA AERtALPHOTO MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION WETLAND SITE REVIEW 1985 FIGURE 5 Bonestroo I 2 207024 Cad Dwg WetlandReview dwg 1955 FSA AERIALPHOTO s MARCH 1 2 2007 RICK DORSEY AGRICULTURAL EXEMPTION WETLAND SITE REVIEW 1986 FIGURE 6 Bonestroo I 2 207024 Cad Dwg Wetland Review dwg 1986 FSA AERIALPHOTO s MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION Mi1h esota Wetland Conservation Act Affidavit I Exemption Evidence for Local Government Units I do hereby certi fy that the olloyving statement of evidence or activity is tme and may be used as evidence to support qualification for VCA exemptions The LOU may require additional affidavits or verification evidence before making an exemption determination Proiect Location 116 23 W Carver County CountiCil flou Block SubdlVISlon i Nw1l40f Sw1l4 23 GoLO I Quarter Secrion Section Township No Range No Exemption DESCRIPTION or EVIDENCE fOR EXEMPTION Dorsey and Dorsey is the owner 0 f the agricultural land including the areas listed below since 1979 Site 1 was in hayland and was mechanically harvested in the years 1981 1986 Site 2 was planted in row crops of sweet corn green beans and soy beans in the years 1981 1986 Site 3 was pasture and soybeans in the years 1981 1986 Site 4 was planted in row crops of sweet com and soybeans in the years 1981 1986 On penalty of perjury r hereby swear under oath that the information above made for the purpose of documenting qualificatiorljor an exemption from the WCA is true to the best of my knowledge 1 1 r March 1 2007 469569752 S 0 S 1ST19naturc11J1LjlTItateOClaecNo i t 1 11 ACKNO VLEDGE1VIENT The foregoing instrument was subscribed and sworn to before meon 114ti day month 2ML year by l Ckuf 7 U p I Of2 NiIc BWSR oem we A E pti 4 E mptioAfnd iti tamm I01d pdt 2003 lCNotar Stamp or Seal Page 2 of2 BWSRJorm WCA Exemption 4 Exemption Affidavit ApriI200J J lIc 6U1il 1 2001 Leu CilofCh mh lsscl1 CI I11ty CilIver L CiLJ C l t ici l C1ri Hcl l W lIer f sollrn s Cn ndlll lIcl 1 ll1JCCi Namdll olscv WCII IIle cll1jJlioll I hum ii 952 227 11 5 oc ttiun l 1 I ruict NW SW 2 16N 1 Sce T wp City Chanhasscn County Carver np rVkmberandothcrs hn I cvieweJ projcct Chcd if ilWCd projecl site LGU Lori Hc BWSR 13rad VUl l1cV o SWCD in Gr J zvl 0 DNR nf IJ lilahk Oiher Wetland Experb prc cnt Nonc I J P requesled by LGU 2 W l ngc L oll3locl I Yllc II TI f dctcrmin liipl1 rcqucskd Iw klll tillil vemptioll WCA cmplil n tJi VtL l1d Buund llS tnd T C NII L F CpCCJ1lClll Pian 2 I SCllptioll ill Wc lll1lllrs ill1 prlp sc im cl SCLl 11 11 1 a WCtl ll1d Typc leilelllarl iCow lrdin b Wctl lvJ Size c Si7c ul Propused Impact aL le and SqUillcell J 52 acrcs 15J n l sl l I Llvc eCjl1eil ingrequirements hCe111l1CI Uach Seqllcncing Finding oj hCI IS uPI lIting in0rl11 llIOn o Ycs 0 Nil il 1111 liSI hy n a 1 I Illc prlljclt CIH1 iSlL 111 ith lh inlell ulthc ulInpl hensicIm ill wlrlel plan aml r Ihe lclshcd distlil t p11l11 11 111tfl l lllilall sw tice walcl mln gCl1lelll plan lmlnICi I J l11 1I1 glllllllt iller 111 IIWgeIl1Cllt plall iI1d loci L omp hL il il pl 11l and lining lIdini1ncc DyeD NIJ if no lisl wh nh 5 How willihe project atTect the following weiland unctions Ill Functions Impact No Impact Ploodwatcr Sll1rage NllIricnt Assimilation Sediment Entrapment GmunrJwatrRchalge Low FloAugmel1lalil1n ASI hCI ics l ccreal ion ShIHeLt nd nchmi ng Wildllk Habilat Fishics Habi at Improvc R lr P iiit Al1iniUl rlJ tlH Cll1m rci d Uses 6 for Ic plllcel11cnt plan or 1m Ius dctenninalilJnIllwlllaml functions maintained atIn cquallll gr ater levelDYes0Noiln1lislwhyl1a 7 llC r hi1iCilI v 1I11tli I1I 1I1cl eCllllill1CIlO ilp1I 1I lIthe ilclivily 111i scd inllcll1 I ee ltI lchedoYcs0YcIlhCOlidllillls0lhIillll1liSwhy 11 1111 11 S List rl p lindingtosupport rccommem alilJl1 111 qllcsril n 7 above see lif1c Jeo C ll Rllfl cnl nivc IDale lH I f1 I it1llllt ol wl th c lg l Ilf I lri l nJ CITY OF CHANHASSEN 1700 Markei 80ule3 d PO 80x 147 Crianhassen illN55317 Administration Phone 952 2271100 Fax 952227 1110 Building Inspections Pllone 9522271180 Fax 952227 1190 Engineering Phone 952 227 1160 Fax952 227 1170 Finance Phone 952227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax952 227 1110 Recreation Cenler 2310 Cau Iler Boulevard Phone 952227 1 100 Fax952 2271401 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 PuiJlicWorks 591 P3r Road hOfi2 952227 130C ax 9522271310 Senior Center Pi1Je952 2271 2S ax 2271 Web Site The CilV al Clianhassen April 6 2007 DorseyDorsey co Rick Dorsey 14215 Greemiew Court Eden Prairie MN 55346 Re Wetland Exemption Application Dear Mr Dorsey Enclosed please rind the City s decision as LGU for the Minnesota Wetland Conservation Act regarding your recent wetland exemption application Please bear in mind that the proposed activity must comply with provisions of the Chanhassen City Code and the Minnesota Wetland Conservation Act as well as the regulations of any other applicable jurisdictions Specifically I A permit from the City of Chanhassen must be obtained for all excavating mining filling and grading operations in excess of 50 cubic yards Pell11its for excavating mining filling and grading more than 50 cubic yards but less than 1 000 cubic yards of material in a 12 month period are processed administratively Permits for excavating mining filling and grading of 1 000 cubic yards of material or more in a 12 month period are processed in the same manner as an interim use permit and require approval by the Chanhassen Planning Commission and City Council 2 This exemption is subject to the 10 year deed recording requirement in MR 84200115 A document meeting the minimum requirements of MR 84200115 enclosed must be provided to the City for its review and approval prior to recording The document must be recorded with Carver County prior to commencing the exempt activity Additionally a copy of the recorded document should be submitted to the City at least two business days prior to commencing the exempt activity 3 This activity mayor may not be considere d exempt by the U S Army Corps of Engineers The applicant should acquire all necessary approvals from the Anny Corps of Engineers prior to commencing the proposed acti vi ty 4 The activity must comply with Section 20416 of Chanhassen City Code regarding ovetland exemptions enclosed J 1l UJ t T 2 i S The activity especially the activity proposed on Site 4 should not modify existing hydrology on adjacent properties If you have any questions or need additional information please contact me at 952 227 1135 or Ihaal @ci chanhasscn lnnLls Sincerely 1 Lori Baak Water Resources COOl di nator Enclosures cc Ben Meyer Bonestroo Greg Graczyk Carver SWCD Brad Wozney BWSR g eng lori wctlands exemptions dorsey cover letter doc r Min Il SO t 1 R p ks T illIf9 b lpt crs Tahle of C llt Dts Im Cb lpl1 8420 84200115 SCOPE OF EXEMPTION STANDARDS Persons proposing to conduct an exempt activity are encouraged to contact the local government unit or the local government unit s designee for advice on determining whether a proposed project is eligible for an exemption and to evaluate alternatives to avoid or minimizewetland impacts An activity is exempt ifit qualifies for anyone of the exemptions even though it may be indicated as not exempt under another exemption These exemptions do not apply to calcareous fens as identified by the commissioner No exemptions apply to wetlands that havebeen previously restored or created as a result of an approved replacement plan All such wetlands are subject to replacement on subsequent drainage excavation or filling Wetlands may not be partially drained excavated or filled in order to claim an exemption or no loss determination on the remainder Therefore no exemptions or no loss determinations can be applied to the remaining wetland that would not have been applicable before the impact Exemptions may not be combined on a wetland that is impacted by a project Present and future owners of wetlandsdrained or filled without replacement under an exemption in part 2 0l22 subparts 1 and 2 item B can make no use of the wetland area after it is drained excavated or filled other than as gricultural land for ten years after the draining excavating or fil nless it is first re laced under the requirements o Minnesota Statutes section lQl 222 Also for ten years the wetland may not be restored for replacement credit Except for land in public ownership at thetimeof draining excavation or filling the landowner shall record a notice of these restrictions in the office ofthe county recorder for the county in which the project is located At a minimum the recorded document must contain the name or names ofthe lando mers a legal description of the property to which the restrictions apply a statement ofthe restrictions the date on which the ten year period expires the name of the local government which certified the exemption if such occurred the signatures of all owners and an acknowledgment A person conducting an activity in a wetland under an exemption in part f34 O 0121 shall ensure that A appropriate erosion control measures are taken to prevent sedimentation of the water B the activity does not block fish activity in a watercourse and httpo ww n visor leg state mn lls arlllc 8420 011htm 44 2UU7 C the activitY is conducted in COHlpliance with all uther applicable federal state and local requirements including best management practices as listed in part j20 Ol12 and water resource protection requirements established under Minnesota Statutes chapter 103H STAT AUTH MS s 14Jl lQJB 10l LQ 33SS103G HIST 18 SR 274 22 SR 1877 25 SR 152 27 SR 135 Current as of 061506 httpwvvw revisor leg state mn us arule 8420 01 html 1 1 2007 Sec 20 416 Exemptions Activities exempted by Minnesota Rules 84200122 shallbe exempted from the provisions of this ordinance However certificates of exemption must be obtained from the cityprior to starting work A person conducting an activity in a wetland under an exemption in part 8420 0122 shall ensure that a Appropriate erosion control measures are taken to prevent sedimentation of the water b The activity does not block fish activity in a watercourse and c The activity is conducted in compliance with all other applicable federal state and local requirementsincluding best management practices as listed in part 84200112 and water resource protection requirements established under M S ch 103H Ord No 180 1 12 1492 Ord No 202 9 4 25 94 Ord No 377 48 5 2404 h tlp 1I j brary2 municodecom mcc Doc Viewl 140481 11 41 135 44 2007 CITY OF CHANHASSEN 7700 Market Boulevard PO Box147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952 227 1180 Fax952227 1190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 PublicWorks 1591 Park Road Phone 952 2271300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 WebSite www cl chanhassen mn us To Greg Graczyk Carver SWCD Brad Wozney BWSR Bob Obermeyer RPBCWD Kate Drewry D NR Joe Yanta COE Mike North DNR Rick DorseyDorseyDorsey Fox Properties LP Jeff and Terri Fox Ben Meyer Bonestroo I Loli Haak City of Chanhassen 9AJFrom Date April 12 2007 Re Dorsey Fox and Fox LP Exemptions As you may recall the City of Chanhassen s decisions regarding the above exemptions included Technical Evaluation Panel Findings of Fact that were signed only by me Enclosed please find signedcopies of the Technical Evaluation Panel Findings of Fact for the Dorsey Fox and Fox LP Wetland Exemptions signed by all 3 TEP members Please keep these in your files for future reference 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 Minnesota Wetland Conservation Act T chnical Eval ation Panel Findings of Fact l W I Dal pIi16 20D LCiU City ofChanlwssen Coullty Carvcr l GLI Contncl Lori Haak Wner Resources Coordinator Project Namdt orscv WeIland Exemption Phone If 952127 1135 Lm ation ol Projeel NW 23 116N 11 14 V See Twp City Chanhasscll Coullty Carver rEI Members and others who reviewed lmjecI Check If 11 plqicCI site 8J LGU Lori Haak 8J 13WSR l3rud Wozney 8J SWCD GreGraczyk D DNR Ii arrliL1 blc Other Wethmd Expcrts present None I EP rcqucsled by LOU 23W R mge lOlB lock I ypc of 1 L P dcterminalilln rcqllcslcd IWI k 11 1111 I I II i emption WeA Exemplion tEl Wetland BUlIndary ami J ypc Nn LIISS Replacemcnl Plan 2 I SI I i IOII ol Velluml s IIilh prujJ lscd impact sc I1 ehcd a Wetland Type Circular 39 Colrdinl b Vctland Size c Size o Proposed Impm t I le and squale Ieet 3 52 acres 15 tJ 1 Sll Have scqllem ing requirements hCl n met Attach Sequcncing Finding of Facl as SlIpp llting information D Ycs D Nilif 111 list wl1v n a t Isthe pIlIjClt consistent ill1 the intent III the llll11prl hlnsivc lllcal water plan and or the watcr hed disuicl plan the I11clmJl 1itan sur t telwatel managemcnt plan alllllllIIllJI 1i 1 111 gn lundwalclll1anagl melH plan and local compll hcnsi Ie plan and wning ordinanclDYes 0 No if no lislwhy na 5 How willlhc project affect the following wetland unctions Funcliolls Impact Floodwater Storage Nutrient Assimilation Sediment Entrapment Groundwater Rceh lI gc Low Flow Augmentation AeSlhel icsHccreali Il Shor eland im holing Wlldhk Habiwl Fishel ies Habitat Rare Plant Animal H lbitnt Commercial Uses na No Impact Impnlle 6 For rcpl lceJl1cnt llan or no loss determinations an wetland functionsmaintnined at nn equal 01 greater leyeP DYes D No if no list why na 7 Docs T chnicill Evaluation Panel recoll1lllcnd lplmval of the activity plOposcd in item U see Illaehed DYes 0 Yes I ilh Condition0Nll il n list why II Ill 111 8 L ist TEl findings to support rcommcndalion in question 7 above see aunched 9 I IltINHJq1cscltic P lgl I nr I I hlll fEP f il1lJill Ill 1 11 doc I l lil 1I11 1 Minnesota Wetland Conservation Act Technical Evaluation Panel Findings of Fact Date April 6 2007 LGU City of Chanhassen County Caryer LGU ContactLori Haak Water Resources Coordinator Project Name Dorsey Wetland Exemption Phone 952227 1135 Location of Project NW 23 116N 23W 141414 Sec Twp Range LotBlock City Chanhassen County Carver TEP Members and others whoreviewed project Check if viewed project site LGU Lori Haak BWSR Brad WOzney SWCD Greg Graczyk D DNR if applicable Other Wetland Experts present None TEP requested by LGU 1 Type of TEP determination requested check those that apply Exemption WCA Exemption lA Wetland Boundary and Type No Loss Replacement Plan 2 Description ofWetland s with proposed impact see attached a Wetland Type Circular 39 Cowardin b Wetland Size c Size of Proposed Impact acres and square feet 3 52 acres 153 331 sf 3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information DYes D No if no list why na 4 Is the project consistent with the intent of the comprehensive local water plan and or the watershed district plan the metropolitan surface water management plan and metropolitan groundwater management plan and local comprehensive plan and zoning ordinance DYes D No if no list why n a 5 How will the project affect the following wetland functions Functions Impact Floodwater Storage Nutrient Assimilation Sediment Entrapment Groundwater Recharge Low Flow Augmentation Aesthetics Recreation Shore land Anchoring Wildlife Habitat Fisheries Habitat Rare PlantAnimal Habitat Commercial Uses na No Impact Improve 6 For replacementplan or no loss determinations are wetlandfunctions maintained at an equal or greater level DYes D No if no list why na 7 Does Technical Evaluation Panel recommend approval of the activity proposed in item I see attached DYesDYes with Conditions D No if no list why If no why 8 List TEP findings to support recommendationin question 7 above see attached 9 SIGNATURES ifTEP recommendation is not a consensus note with an asterisk and explain on the back of this page BWSR Representative Date DNR Representative Page 1 of 1 Date Dorsey TEP Findings of Factdoe April 2003 Dorsey Wetland Exenlption TEP Findings of Fact April 6 2007 Attachment 2 Description of Wetland s with proposed impact Site 1 Type 3 with a Type 2 fringe 20 acres on subject property 33 acres total Site 2 Type 1 0 96 acres Site 3 Type 2 0 39 acres Site 4 Type 2 0 17 acres on subject property 134 acres total 7 Does the Technical Evaluation Panelrecommend Approval of Activity proposed in item 1 Site 1 No Site 2 Yes Site 3 No Site 4 Yes 8 List TEP findings to support recommendation in question 7 above TEP members from the LGU and the Carver SWCD conducted an on site review on March 22 2007 Site 1 The aerial photographs from 1981 to 1986 show a change in the cropping pattern around the apparent wetland edge that do not support the argument that the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes in six of the last ten years prior to January 1 1991 Additionally thc affidavit supplied by the landowner signed March 19 2007 states that Site 1 was in hayland and was mechanically harvested in the years 1981 1986 This is not an annually seeded crop or a rotation of pasture grass or legumes Also a portion of this wetland is not Type 1 or Type 2 wetland Site 2 The aerial photographs from 1981 to 1986 show that the area was annually seeded with crops Additionally the affidavit supplied by the landowner signed March 19 2007 supports this finding Site 3 The affidavit supplied by the landowner signed March 19 2007 states thatSite 3 was pasture and soybeans in the years 1981 1986 However the aerial photographs from 1983 1984 1985 and 1990 show changes in vegetation management around the apparent wetland edge that do not support the argument that the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes insix of the last ten years prior to January 1 1991 Several of the photos 1981 1988 are not clear enough to draw conclusions regarding the crop history in and around Site 3 Therefore it cannot be conclusively determined thatthat the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes insix of the last ten years prior to January 1 1991 Site 4 The affidavit supplied by the landowner signed March 19 2007 states thatSite 4 was planted in row crops of sweet com and soybeans in the years 1981 1986 The aerial photographs from 1981 to 1991 show thatSite 4 was planted in row crops six of ten years prior to 1991 All exempt wetlands will be subject to the 10 year deed recording requirements set forth in MR 84200115 A TTACHMENTS 1 Aerial photographs 1981 through 1986 2 Affidavit of landowner signed March 19 2007 Minnesota Wetland Conservation Act Certificateof Mailing of Notice of Wetland Conservation Act Decision Name and address of local govemment unit City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 The undersigned certifies on April 6 2007 Lori Haak he she mailed copies of the attached Notice of Wetland Conservation Act Decision to the addressees listed thereon by depositing the same in the United States Mail in the City of Chanhassen County of Carver and State of Minnesota properly enveloped with prepaid first class postage t30JPSignature April 6 2007 Date Water Resources Coordinator Title Page I of I Dorsey Cerl Mail Notice Decision doc April 2003 Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision Name and Address of Local Government Unit City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Name of Applicant Dorsey Dorsey Project Name Dorsey Wetland Exemption Application Number n a Type of Application check one 2J Exemption Decision o No Loss Decision o Replacement Plan Decision D Banking Plan Decision o Wetland TypeBoundary Decision Date of Decision April 6 2007 Check One 8J Approved Sites 2 and 4 o Approved with conditions 8J Denied Sites 1 and 3 Suinmary of ProjecUDecision indicate exemption number per MN Rule 8420 0122 if applicable 1A The applicant requested exemptions for Sites 1 4 on the property in the NW of the SW 14 of Section 23 Township 116N Range 23W in Carver County Minnesota Based on the findings of theTechnical Evaluation Panel Attachment 1 dated April 6 2007 the City of Chanhassen denies the exemption requests for Sites 1 and 3 Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of Chanhassen approves the exemption requests for Sites2 and 4 Listof Addressees Landowner Dorsey Dorsey c o Rick Dorsey 14215 Greenview Court Eden Prairie MN 55346 Members of Technical Evaluation Panel Greg Graczyk Carver SWCD Brad Wozney BWSR Watershed District or Watershed Management Organization If Applicable Bob Obermeyer RPBCWD Page I of2 Department of Natural Resources Regional Office select appro riate office NW Region NE Region Central Region Southern Region Regional Director Reg Env Assess Ecol Reg Env Assess Eco Reg Env Assess Ecol 2115 Birchmont Beach Rd NE Div Ecol Services Div Ecol Services Div Ecol Services Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South Grand Rapids MN 55744 St Paul MN 55106 New DIm MN 56073 DNR Representative Kate Drewry Area Hydrologist Corp of Engineers Project Manager Joe Yanta ACOE Department of the Army Corps of Engineers St Paul District ATTN CO R 190 Fifth Street East St Paul MN 55101 1638 Individual members of the public who requested a copy summary only Ben Meyer Bonestroo Jeff Fox You are hereby notified that the decision of the Local Government Unit on the above referenced application was made on the date statedabove A copy of the Local Government Unit s Findings and Conclusions is attached Pursuant to Minn R 8420 0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice THIS DECISION ONLY APPLIESTO the Minnesota Wetland Conservation Act Additional approvals or permits from local state andfederal agencies may be requ ired Check with all appropriate au thorities before commencing work in or near wetlands LOCALGO April 6 2007 Date Lori HaakWater Resources Coordinator Name and Title Attachments 1 Technical Evaluation Panel Findings of Fact dated April 6 2007 Page 2 of2 Minnesota Wetland Conservation Act Technical Evaluation Panel Findings of Fact Date April 6 2007 LGU City of Chanhassen County Carver LGU Contact Lori Haak Water Resources Coordinator Project Name Dorsev Wetland Exemption Phone 952 227 1135 Location of Project NW SW 23 116N 23W 14 Sec Twp Range LotfBlock City Chanhassen County Carver TEP Members and others whoreviewed project Check if viewed project site 8J LGU Lori Haak lZl BWSR Brad Wozney 8J SWCD Greg Graczyk 0 DNR ifaRplicable Other WetIand Experts present None TEP requested by LGU 1 Type of TEP determination requested check those that apply Exemption WCA Exemption lA Wetland Boundary and Type No Loss Replacement Plan 2 Description ofWetland s with proposed impact see attached a Wetland Type Circular 39 Cowardin b Wetland Size c Size of Proposed Impact acres and square feet 352 acres 153331 sf 3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information DYes 0 No if no list why nfa 4 Is the project consistent with the intent of the comprehensive local water plan and or the watershed district plan the metropolitan surface water management plan and metropolitan groundwater management plan and local comprehensive plan and zoning ordinance DYes D No if no list why nfa 5 How will the project affect the following wetlandfunctions Functions Impact Floodwater Storage Nutrient Assimilation Sediment Entrapment Groundwater Recharge Low Flow Augmentation AestheticsRecreation Shoreland Anchoring Wildlife Habitat Fisheries Habitat Rare PlantAnimal Habitat Commercial Uses nfa No Impact Improve 6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level DYes 0 No if no list why nfa 7 Does TechnicalEvaluation Panel recommend approval of the activity proposed in item I see attached DYes 0 Yes with Conditions 0 No if no list why If no why 8 List TEP findings to support recommendation in question 7 above see attached 9 SIGNATURES ifTEP recommendation is not a consensus note with an asterisk and exvlain on the back ofthis page liiEGURepresentative Date 16 07ate BW AdJi h Vl te 3r cLtu res e iDQn 11 0 v0 d DNF Page 1 of Dorsey TEP Findings of FacLdoc Dorsey Wetland Exemption TEP Findings of Fact April 6 2007 Attachment 2 Description of Wetland s with proposed impact Site 1 Type 3 with a Type 2 fringe 20 acres on subject property 33 acres total Site 2 Type 1 0 96 acres Site 3 Type 20 39 acres Site 4 Type 2 017 acres on subject property 1 34 acres total 7 Does the Technical Evaluation Panel recommend Approval of Activity proposed in item 1 Site 1 No Site 2 Yes Site 3 No Site 4 Yes 8 List TEP findings to support recommendation in question 7 above TEP members from the LGU and the Carver SWCD conducted an on site review on March 22 2007 Site 1 The aerial photographs from 1981 to 1986 show a change in the cropping pattern around the apparent wetland edge that do not support the argument that the area was planted with annually seeded crops orwas in a crop rotation seeding of pasture grass or legumes in six of the last ten years prior to January 1 1991 Additionally the affidavit supplied by the landowner signed March 19 2007 states that Site 1 was in hayland and was mechanically harvested in the years 1981 1986 This is not an annually seeded crop or a rotation of pasture grass or legumes Also a portion of this wetland is not Type 1 or Type 2 wetland Site 2 The aerial photographs from 1981 to 1986 show that the area was annually seeded with crops Additionally the affidavit supplied by the landowner signed March 19 2007 supports this finding Site 3 The affidavit supplied by the landowner signed March 19 2007 states that Site 3 was pasture and soybeans in the years 1981 1986 However the aerial photographs from 19831984 1985 and 1990 show changes in vegetation management around the apparent wetland edge that do not support the argument that the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes in six of the last ten years prior to January 1 1991 Several of the photos 1981 1988 are not clear enough to draw conclusions regarding the crop history in and around Site 3 Therefore it cannot be conclusively determined thatthat the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes in six of the last ten years prior to January 1 1991 Site 4 The affidavit supplied by the landowner signed March 19 2007 states thatSite 4 was planted in row crops of sweet corn and soybeans in the years 1981 1986 The aerial photographs from 1981 to 1991 show thatSite 4 was planted in row crops six of ten years prior to 1991 All exempt wetlands will be subject to the 10 year deed recording requirements set forth in MR 8420 0115 ATTACHMENTS 1 Aerial photographs 1981 through 1986 2 Affidavit oflandowner signed March 19 2007 7700 Markel Bouevard PO Box147 Chanhassell Mi 155317 Administration Phone 952 2271100 Fax 952 227 1110 Building Inspections Phone 952 227 11 SO Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance P one 952227 1140 Fax 952 227 1110 Park Recreation Phone 952 2271120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 2271400 Fax 952 227 1404 Planning Natural Resources Phone 952 2271130 Fax 952227 1110 PublicWorks 1591 Park Road Phor e 952227 1300 Fax 952 227 1310 Senior Center Phore 952227 1125 Fax 952227 1110 WebSite wiiw ci chanhassen mn us The City of Chanhassen 0 A April 6 2007 DorseyDorsey c o Rick Dorsey 14215 Greenview COUlt Eden Prairie MN 55346 Re Wetland Exemption Application Dear Mr Dorsey Enclosed please find the City s decision as LGU for the Minnesota Wetland Conservation Act regarding your recent wetland exemption application Please bear inmind that the proposed activity must comply with provisions of the Chanhassen City Code and the Minnesota Wetland Conservation Act as well as thc regulations of any other applicable jurisdictions Specifically 1 A permit from the City of Chanhassen must be obtained for all excavating mining filling and grading operations in excess of 50 cubic yards Permits for excavating mining filling and grading more than 50 cubic yards but less than 1 000 cubic yards of material in a 12 month period are processed administratively Permits for excavating mining filling and grading of 1 000 cubic yards of material or more in a 12 month period are processed in the same manner as an interim use permit and require approval by the Chanhassen Planning Commission and City Council 2 This exemption is subject to the 10 year deed recording requirement in MR 84200115 A document meeting the minimum requirements of MR 84200115 enclosed must be provided to the City for its review and approval prior to recording The document must be recorded with Carver County prior to commencing the exempt activity Additionally a copy of the recorded document should be submitted to the City at least two business days prior to commencing the exempt activity 3 This activity mayor may not be considered exempt by the us Army Corps of Engineers The applicant should acquire all necessary approvals from the Army Corps of Engineers prior to commencing the proposed activity 4 The activity must comply with Section 20 416 of Chanhassen City Code regarding wetland exemptions enclosed ilh cleanlakes quaiity schne s 3 hUSII1cSSCS tral S arid t eauliful A great 10 live work ami plavd011I01111 5 The actIvity especially the activity proposed on Site 4 should not modify existing hydrology on adjacent properties If you have any questions or need additional information please contact me at 952227 1135 or lhaak@ci chanhassen mn us Sincerely CITyoF CH NHASSEN jt i f i I LOl i Haak Water Resources Coordinator Enclosures cc Ben Meyer Bonestroo Greg Graczyk Carver SWCD Brad Wozney BWSR g eng lori wetlands exemptions dorsey cover letter doc Minnesota Rule 8420 0115 Page 1 of 2 Minnesota RulesTable of ChaQters Table of contents for ChaptcLS420 8420 0115 SCOPE OF EXEMPTION STANDARDS Persons proposing to conduct an exempt activity are encouraged tocontact the local government unit or the local government unit s designee for advice on determining whether a proposed project is eligible for an exemption and to evaluate alternatives to avoid or minimize wetland impacts An activity is exempt ifit qualifies for anyone ofthe exemptions even though it may be indicated as not exempt under another exemption These exemptions do not apply to calcareous fens as identified by the commissioner No exemptions apply to wetlands that havebeen previously restored or created as a result of an approved replacement plan All such wetlands are subject to replacement on subsequent drainage excavation or filling Wetlands may not be partially drained excavated or filled in order to claim an exemption or no loss determination on the remainder Therefore no exemptions or no loss determinations can be applied to the remaining wetland that would not havebeen applicable beforethe impact Exemptions may not be combined on a wetland that is impacted by a project Present and future owners of wetlandsdrained or filled without replacement under an exemption in part 20 0122 subparts 1 and 2 item B can make no use ofthe wetland area after it is drained excavated or filled other than as agricultural land for ten years after the draining excavating or filling unless it is first replaced under the requirements of Minnesota Statutes section 103G 222 Also for ten years the wetland may not be restored for replacement credit Except for land in public ownership at thetimeof draining excavation or filling the landowner shall record a notice of these restrictions in the office ofthe county recorder for the county in which the project is located At a minimum the recorded document must contain the name or names ofthe landowners a legal description ofthe property to which the restrictions apply a statement ofthe restrictions thedate on which the ten year period expires the name of the local government which certified the exemption if such occurredthe signatures of all owners and an acknowledgment A person conducting an activity in a wetland under an exemption in part 84200122 shall ensure that A appropriate erosion control measures are taken to prevent sedimentation ofthe water B the activity does not block fish activity In a watercourse and httpwww revisorleg state mn us arule8420 0 115 html 44 2007 Minnesut Rule 8420 01 L5 Page 2 of 2 C the nrtivity is conducted in compliance with all other applicable tederal state and local requirements including best management practices as listed in part 84200112 and water resource protection requirements established under Minnesota Statutes chapter 103H STAT AUTH MS s 14 06 1033 101 1033 3355 103G 2242 HIST 18 SR 274 2 SR 1877 25 SR 15227 SR 135 Current as of 06 15106 I nu u L l OA I llc ht l L1lL1nn 7 ARTICLE VI WETLAND PROTECTION Page of 1 Sec 20 416 Exemptions Activities exempted by Minnesota Rules 84200122 shall be exempted from the provisions of this ordinance However certificates of exemption must be obtained from the city prior to starting work A person conducting an activity in a wetland under an exemption in part 84200122 shall ensure that a Appropriate erosion control measures are taken to prevent sedimentation of the water b The activity does not block fish activity in a watercourse and c The activity is conducted in compliance with all other applicable federal state and local requirements including best management practices as listed in part 84200112 and water resource protectionrequirements established under M S ch 103H Ord No 180 S 1 1214 92 Ord No 202 S 94 2594 Ord No 377 S 48 5 2404 httplibrary2 municode comlmcc DocView 14048 1 114 135 4 42007 IT01J fu @ili @illlQ @of1J iID@ ru i i i 1@tI 1J@iID @@cru@@ lQ @ h Nameand Address of Local GOYfJrnllmewt UnliCity of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Name of Applkmllt Dorsey Dorsey Project Name Dorsey Wetland Exemption AppHcatfton Nmlllllber na Type of AppHcaHon check one ZJ Exemption Decision o No Loss Decision o Replacement Plan Decision o Banking Plan Decision o Wetland Type Boundary Decision Date of Dedsfton April 6 2007 Cillleck One Approved Sites 2 and 4 o Approved with conditions ZJ Denied Sites 1 and 3 Summary of Projedillecision indicate exemption number per MN Rule 84200122 if applicable 1A The applicant requested exemptions for Sites 14 on the property in the NW 114 of the SW 114 of Section 23 Township 116N Range 23W in Carver County Minnesota Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 62007the City of Chanhassen denies the exemption requests for Sites 1 and 3 Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 62007 the City of Chanhassen approves the exemption requests for Sites2 and 4 List of Addressees Landowner DorseyDorsey co Rick Dorsey 14215 Greenview COUlt Eden Prairie MN 55346 Members of TechnicalEvaluation Panel Greg Graczyk Carver SWCD Brad Wozney BWSR Watershed District or Watershed Management Organization If Applicable Bob Obermeyer RPBCWD Page 1 of2 Department of Natural Resources Regional Office select appropriate office NW Region NE Region Central Region Southern Region Regional Director Reg Env Assess Ecol Reg Env Assess Ecol Reg Env Assess Ecol 2115 Birchmont Beach Rd NE Div Ecol Services Div Ecol Services Div Ecol Services Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South Grand Rapids MN 55744 51 Paul MN 55106 New Ulm MN 56073 DNR Representative Kate Drewry Area Hydrologist Corp of Engineers Project Manager Joe Yanta ACOE Department of the Army Corps of Engineers St Paul District ATTN CO R 190 Fifth Street East St Paul MN 55101 1638 Individual members of the public who requested a copy summary only Ben Meyer Bonestroo Jeff Fox You are hereby notified that the decision of the Local Government Unit on the above referenced application was made on the date stated above A copy of the Local Government Unit s Findings and Conclusions is attached Pursuant to Minn R 84200250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice THIS DECISION ONLY APPLIES TOthe Minnesota Wetland Conselwttion Act Additional approvals or permits from local state andfederal agencies may be required Check with all appropriate authorities before commencing work in or near wetlands LOCAL GOVER I AlJril 6 2007 Date Loti HaakWater Resources Coordinator Name and Title Attachments 1 TechnicalEvaluation Panel Findings of Fact dated April 6 2007 Page 2012 Date April 6 2007 LGU City of Chanhassen County Carver LGU Contact Lori Haak Water Resources Coordinator Project Name Dorsey Wetland Exemption Phone 952227 1135 Location of Project NW SW 23 116N 23W IIj 1414 Sec Twp Range Lot Block City Chanhassen County Carver TEP Members and others who reviewecl project Check if viewed project site 8J LGU Lori Haak BWSRBrad Woznev 8J SWCD Greg Graczyk 0 DNR if applic ble Other Wetland Experts present None TEP requestecl by LGU 1 Type of TEP determination requested 2i Exemption VCA Exemption JA Wetland Boundary and Type rhose 117m apply No Loss Replacement Plan 2 Description of Wetland s with proposed impact see attached a Wetland Type Circular 39 Cowardin b Wetland Size c Size of Proposed Impact acres and square feet 3 52 acres 153 331 sf 3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information DYes 0 No if no list why na 4 Is the project consistent with the intent of the comprehensive local water plan and or the watershed district plan the metropolitan surface water management plan imd metropolitangroundwater management plan and local comprehensive plan and zoning ordinance DYes D No if no list why n a 5 How will the project affect the following wetland functions Functions Impact Floodwater Storage Nutrient Assimilation Sediment Entrapment Groundwater Recharge Low Flow Augmentation AestheticsIRecreation Shoreland Anchoring Wildlife Habitat Fisheries Habitat Rare PlantAnimal Habitat Commercial Uses n a No Impact Improve 6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level DYes 0 No if no list why n a 7 Does Technical Evaluation Panel recommend approval of the activity proposed in item l see attached DYes DYes with Conditions D No if no list why If no why 8 List TEP findings to support recommendation in question 7 above see attached 9 SIGNATURES ifTEP recommendation is not a consensus note with an asterisk and exvlaill Oil thf back ofthis page SWCD R presentativl r t 1 TGUi Rep esent iive Date BW hJd C ll te i t DNF c lj C j J 11 L I II l ell i l Iv e Page 1 of Dorsey TEP Findmgs of Fact doc i r Dorsey Wetland Exemption TEP Findings of Fact April 6 2007 Attachment 2 Description of Wetland s with proposed impact Site 1 Type 3 with a Type 2 fringe 2 0 acres on subject property 3 3 acres total Site 2 Type 1 0 96 acres Site 3 Type 2 0 39 acres Site 4 Type 2 0 17 acres on subject propelty 1 34 acres total 7 Does the Technical Evaluation Panel recommend Approval of Activity proposed in item 1 Site 1 No Site 2 Yes Site 3 No Site 4 Yes 8 List TEP findings to support recommendation in question 7 above TEP members from the LGU and the Carver SWCD conducted an on site review on March 22 2007 Site 1 The aerial photographs from 1981 to 1986 show a change in the cropping pattern around the apparent wetland edge that do not support the argument that the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes in six of the last ten years prior to January 1 1991 Additionally the affidavit supplied by the landowner signed March 19 2007 states that Site 1 was in hayland and was mechanically harvested in the years 1981 1986 This is not an annually seeded crop or a rotation of pasture grass or legumes Also a pOltion of this wetland is not Type 1 or Type 2 wetland Site 2 The aelial photographs from 1981 to 1986 show that the area was annually seeded with crops Additionally the affidavit supplied by the landowner signed March 19 2007 supports this finding Site 3 The affidavit supplied by the landowner signed March 19 2007 states thatSite 3 was pasture and soybeans in the years 1981 1986 However the aerial photographs from 1983 1984 1985and 1990 show changes in vegetation management around the apparent wetland edge that do not support the argument that the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes in six of the last ten years prior to January 1 1991 Several of the photos 1981 1988 are not clear enough to draw conclusions regarding the crop history in and around Site 3 Therefore it cannot be conclusively determined thatthat the area was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes insix of the last ten years prior to January 1 1991 Site 4 The affidavit supplied by the landowner signed March 19 2007 states thatSite 4 was planted in row crops of sweet corn and soybeans in the years 19811986 The aerial photographs from 1981 to 1991 show that Site 4 was planted in row crops six of ten years prior to 1991 o All exempt wetlands will be subject to the 10 year deed recording requirements set forth in MR 8420 01 5 A TT A CHMJENTS 1 Aerial photographs 1981 through 1986 2 Affidavit of landowner signed March 19 2007 March 12 2007 City of Chanhassen Attn Lori Haak 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Re Dorsey WCA Ag Exemption Application Ms Haak Enclosed are the FSA aerial photos from 1981 to 1986 that pertain to the WCA Agricultural Exemption for the Dorsey property These photos are provided as a supplement to the original application and provide documentation as outlined in Minnesota Rule 8420 0122 Subpart 1 A Please feel free to contact me at 651 604 4767 or ben meyer@bonestroo com if you have any questions regarding these supplemental materials Sincerely Benjamin L Meyer CertifiedWetland Delineator Sr Wetland Scientist Cc Rick Dorsey Greg Graczyk CarverSWCD Brad Wozney BWSR 2335 Highway 36 W St Paul MN 55113 Tel 651 636 4600 Fax651 636 1311 www bonestroo com tt Bonestroo WETLAND SITE REVIEW 1981 FIGURE 1 Bonestroo 1 2 207024 Cad Dwg Wettand Review dwg 1961 FSA AERIAL PHOTO I E ZI d s MARCH 1 2 2007 RICK DORSEY AGRICULTURAL EXEMPTION c J Ifl j oio l 4 af J P I OJ if LYMAN BLVD II p 1 il J I f i 11 f Y f 1 r W a y J 31 10 1 i ifr i i tIt Ht S J r a X WETLAND SITE REVIEW 1982 FIGURE2 Bonestroo 1 2 207024 Cad Owg WetlandReview dwg 1 982 FSA AERIALPHOTO s MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION fiJ i t r t tJ f A 1 1 it c I IJo L i 1l italtvd isOf r I 7 fjC 6i JiiIIJt I J r I I I I I i J fIII ri Ii t 4 0 rt Ie lf tJ t 1 II l I if iVi ri lllt it ili 1 i o I t Ij i J lM l 1 t 1 l D t or trc G 7 p 1 ic i Jfl t t mm M t c 4 I t ill 4 ri iJ E JI IP M WETLAND SITE REVIEW 1983 FIGURE 3 RICK DORSEY AGRICULTURAL EXEMPTION 1 2 207024 Cad Owg Wetland Review dwg LYMAN BLVD 1 t t j r f Pt r to 1 I l or tf ft k tttJ lf I a r i 1 963 FSA AERIALPHOTO U1 rl f q o J CD M I 0 UJ o a to r i f 11 I I Ii 1 t l bl j f Il r II i t JJ p if p f ii MARCH 1 2 2007 r J I 1 1 il4i i Af l fJlilii j f li WETLAND SITE REVIEW 1984 1it 1 ta tr Y t FIGURE4 RICK DORSEY AGRICULTURAL EXEMPTION 1 2 207024 Cad Owg WetlandReview dwg 1984 FSA AERIALPHOTO s l l t t l t 1 r ro C J 1 1 wffr6 la1 Bonestroo MARCH 1 2 2007 I lIo i9 t 1 5 1 tie JFf 11 I l If 1 AJi l i J1t r III tr of I i 1 t I J k j f fJ 3 If tj t t Ii 1rc i J p4l 7 a t j l r r i f rtfiiIW1lIIioiwIIt J4OJ 1 b 10 l11 n jI 4 10 41 a p ff iJ lJl 1 814 IIIIfrtpol i @ J 1 t1i 1l urJ y 11 lj J l J t jf orc ft d i Il r a I Q itI a AIN t 3 r if Y t 6J P 31pilllJ C tL gJ tfI O 1 1 ccac J t1 t v t1 JJ JjJS kl all f j4tl ult 7 r tft rrritrIr r 1Ai AIr jlt Ia 1 I trJiM o eP J l DJ riJ 1 II 1 1 jh 1J II t FJ Ii 1 r lo LYMAN BLVD I T 1 l J 1r4 fI I i fl1 1fu1 j jloli d I tii3il f1 Jj J f 1rt i g i j X100 II f 1Ioi r oII rt lI III o J 011 rl Ill t ir WETLAND SITE REVIEW 1985 o Jti iI a g a o r AI o i 1 r r t iI t8 i f J t l 11 t l i f t A t 7 t I 7 Jr II ill r I FIGURE 5 RICK DORSEY AGRICULTURAL EXEMPTION I 2 207024 Cod Dwg Wetland Review dwg 19135 FSA AERIAL PHOTO s nP IO i A dlf I lf j i r f jtf f J iT fj WI l 1 1r Bonestroo MARCH 12 2007 a I f Ill WETLAND SITE REVIEW 1986 FIGURE 6 la1y Bonestroo RICK DORSEY AGRICULTURAL EXEMPTION 1 2 207024 Cad Owg WetlandReview dwg 1986 FSA AERIALPHOTO I I j s MARCH 12 2007 v Mi nnesota Wetland Conservation Act Affidavit I Exemption Evidence for LocalGovernment Units I do hereby certify that the following statement ofevidence or activity is true and may be used as evidence to support qualification forWCA exemptions The LOU may require additional affidavits or verification evidence before making an exemption determination Proiect Location Nwl 40fSwl 4 23 Quarter Section s Seclion s 116 23 W Township No Range No Carver County County City Loti Block SubdivisionGoLots Exemption DESCRIPTION OF EVIDENCE FOR EXEMPTION Dorsey and Dorsey is the owner of the agricultural land including the areas listed below since 1979 Site 1 was in hayland and was mechanically harvested in the years 1981 1986 Site 2 was planted in row crops of sweet corn green beans and soy beans in the years 1981 1986 Site 3 was pasture and soybeans in the years 19811986 Site 4 was planted in row crops of sweet corn and soybeans in the years 1981 1986 On penalty of perjury I hereby swear under oath that the information above made for the purpose of documenting qualificatiorijor an exemption from the WCA is true to the best of my knowledge i i 1 March Hi 2007 469569752 Signature j r lt t df Tfl Date Social Sec No r flIl Jo Lj ACKNOWLEDGEMENT The foregoing instrument was subscribed and sworn to before me on J 1 tt day MA RCIj month J l year by LUu 7 MARtA PEARSON PIbIc MIn Com ton Jln a1 J01d pri12003 Page 1 of2 BWSRJorm WCA Exemptiol1 4 Exemption Affidavit I Notary Stamp or Seal Page 2 of2 BWSR Form WCA Exemption 4 Exemption Affidavit April 2003 CITY OF CHANHASSEN 7700 Market Boulevard PO Box147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952227 1190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952227 1310 Senior Center Phone 952227 1125 Fax 952227 1110 Web Site wwwci chanhassen mn us April 5 2007 Dorsey Dorsey c o Rick Dorsey 14215 Greenview Court Eden Prairie MN 55346 Re Wetland Exemption Application Dear Mr Dorsey This letter is to notify you that the City will be unable to complete the review of your exemption request within the 60 day review period that ends May 11 2007 Therefore I am notifying you that the City is extending its review period for up to an additional 60 days through July 10 2007 If you have any questions or need additional 952227 1135 or lhaak@ci chanhassen rnn us please contact me at Sincerely The City 01 Chanhassen A growing community with cleanlakes quality schools a charming downtown thriving businesses winding trails and beautilul parks A great place tolivework and play Page 1 of 1 Haak Lori From Meyer Benjamin LBen Meyer@bonestroo com Sent Tuesday March 20 200710 54 AM To Haak Lori Subject Dorsey Permit affidavit Attachments Affidavit ofLand Use pdf Lori Attached is an affidavit from the landowner that corresponds to the previously submitted aerial photos With this information we are assuming that this constitutes a complete application Can you confirm with me when the timeline will start and when you think the City might have some decisions made Any update on Fox s properties Has BWSR given any further guidance on either project Thank you Ben Meyer Tel 651604 4767 Cell 651253 6648 ben meyer@bonestroo com Bonestroo 2335 Highway 36 W St Paul MN 55113 Tel 651636 4600 Fax 651636 1311 www bonestroo com 3 212007 Minnesota Wetland Conservation Act Affidavit I Exemption Evidence for Local Government Units I I do hereby certify that the following statement ofevidence or activity is true and may be used as evidence to support qualification forWCA exemptions The LOU may require additional affidavits or verification evidence before making an exemption determination Proiect Location Nwl 40fSwl 4 23 Quarter Seclion s Seclion s 116 23 W Township No Range No Carver County County City Loti Block SubdivisionGovLOIs Exemption DESCRIPTION OF EVIDENCE FOR EXEMPTION Dorsey and Dorsey is the owner of the agricultural land including the areas listed below since 1979 Site 1 was in hayland and was mechanically harvested in the years 1981 1986 Site 2 was planted in row crops of sweet corn green beans and soy beans in the years 1981 1986 Site 3 was pasture and soybeans in the years 1981 1986 Site 4 was planted in row crops of sweet com and soybeans in the years 1981 1986 On penalty of perjury I hereby swear under oath that the information above made for the purpose of documentingqualificationoranxemptionfromtheWCAistruetothebestofmyknowledge i J March 1 2007 469569752 Signature j rt IJtl litf 7fL l J pate Social Sec No r 7i ef C n 7 ACKNOWLEDGEMENT The foregoing instrument was subscribed and sworn to before me on 1t4 tt day lAR CIj month or 7 year by jtAkuu J Page I of2 BWSR orm WCA Exemption 4 Exemption Affidavit MARtA PEARSON J4DIIIyPublc Comn11nl 1 JO1 pril2003 Notary Stamp or Seal Page 2 of2 B WSR orm WCA Exemption 4 Exemption Affidavit April 2003 Page 1 of 1 Haak Lori From Meyer Benjamin LBen Meyer@bonestroo com Sent Monday March 12 200712 55 PM T Haak Lori Cc homeclub@qwest net Graczyk Greg WaconiaMN Brad Wozney Subj ct Dorsey ago exemption photos Attachments Dorsey Wetland Review 81 86 pdf Lori Please see attached in reference to the Rick Dorsey ago exemptionapplication request Thank you Ben Meyer Certified Wetland DelineatorSr Wetland Scientist DIRECT 651 6044767 EMAIL ben meyer@bonestroo com Bonestroo 2335 West Highway 36 St Paul MN 55113 MAIN 651 6364600 FAX 651 636 1311 WEB www bonestroo com 627 2007 March 12 2007 City of Chanhassen Attn Lori Haak 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Re Dorsey WCA Ag Exemption Application Ms Haak Enclosed are the FSA aerial photos from 1981 to 1986 that pertain to the WCA Agricultural Exemption for the Dorsey property These photos are provided as a supplement to the originalapplication and provide documentation as outlined in Minnesota Rule 84200122 Subpart 1 A Please feel free to contact me at 651 604 4767 or ben meyer@bonestroo com if you have any questions regarding these supplemental materials Sincerely Benjamin L Meyer CertifiedWetland Delineator Sr Wetland Scientist Cc Rick Dorsey Greg Graczyk Carver SWCD Brad Wozney BWSR 2335 Highway 36 W St Paul MN 55113 Tel 651 636 4600 Fax651 636 1311 www bonestroo com Bonestroo WETLAND SITE REVIEW 1981 FIGURE 1 Bonestroo I 2 207024 Cad Owg WetlandReview dwg 1981 FSA AERIAL PHOTO s MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION WETLAND SITE REVIEW 1982 FIGURE 2 Bonestroo 1 2 207024 Cad Owg WetlandReview dwg 1982 FSA AERIALPHOTO s MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION i 1J l t f i P WETLAND SITE REVIEW 1983 FIGURE3 Bonestroo 1 2 207024 Cad Owg WetlandReview dwg 1983 FSA AERIALPHOTO wi s MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION f lIlIntYMAN BLVD us i t iT V a j I i I jy r ts WETLAND SITE REVIEW 1984 FIGURE 4 Bonestroo 1 2 207024 Cad Owg WetlandReview dwg 1 984 FSA AERIALPHOTO s MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION f Y 1 t tJ ft it V t t j 1 r f j p i1m LYMAN BLVD 1 2 4 J 4 f oJ tu 10 i J JJt I y1 i t f i i c rjY nJI iW f N It JlI iJt t Y WETLAND SITE REVIEW 1985 FIGURE5 Bonestroo 1 2 207024 Cad Owg WetlandReview dwg 1 985 FSA AERIALPHOTO s MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION WETLAND SITE REVIEW 1986 FIGURE 6 Bonestroo 1 2 207024 Cad Owg WetlandReview dwg 1 986 FSA AERIAL PHOTO s MARCH 12 2007 RICK DORSEY AGRICULTURAL EXEMPTION February 20 2007 Mr Rick Dorsey Dorsey Dorsey 14215 Greenview Court Eden Prairie MN 55346 Wetland Exemption Application Re Dear Mr Dorsey This letter is to inform you that we are in receipt of your application for a wetland exemption for Sites 1 4 located south of Lyman Boulevard and west of Powers Boulevard After reviewing the data submitted it was determined th t the application is incomplete and the following information is missing Evidence of the exemption claimed as outlined ili Miljiie ota Rule 8420 0122 Subpm l t I y V 1 aerial photogr application o t4 For this reason until these items s to process an aj1 information to rev If you have any CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952227 1140 Fax 952227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 FaX 952 227 1110 Public Works 1591Park 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 g englori wetlandsexemphons dorsey Incompleteapplication doc The City 01 Chanhassen A growing communitywith clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play RECEIVED St Paul MN 55113 Fax 651 636 1311 2335 West Highway 36 Office 651 636 4600 www bonestroo com 8 2007 CITY OF CHANHASSEN FES n Bonestroo IUI Rosene i Anderlik l Associates Engineers Architects February 7 2007 City of Chanhassen Attn Lori Haak 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Dorsey WCA Ag Exemption Application Re Enclosed is the WCA Agricultural Exemption per requirements of City Code We would like to meet with YOU at your earliest convenience to discusS this application Haak Ms if you have Piease feei free to contact me at 651 604 4767 or bmeyer@bonestroocom any questions regarding this application Sincerely Bonestroo Rosene Anderlik Assoc L Benjamin L Meyer Certified Wetland Delineator Sr Wetland Scientist St paul St Cloud Rochester MN Milwaukee WI Chicago ifflrmatlve Action Equal OpportunitY Employer and Employee owned Rick Dorsey C V 2 01tor MS WORD 09 01 01 WaterWetland Proiects NA 026620O l B Minnesota Local State Federa 1 for A ication Form Internal Use Only A icatiol1 Rccei ved I For O lte Inicial licacioll Deemed ComJllete A inicial BASIC APPLICATION nformatjoll and assistance ill lnstruction3 Page l Date PART Field Oflice Code No JicatiOl A 0l1I0 important addition l See HELP directs 952 831 7204 I Phone J LA DOW1ER APPLlCAlT C01TACT Ii FOR IATIOlSee dl Name Dorsey Dorsey C O Rick Dorsey Eden Prairie MN 55346 i appl iClIMr Ol 4215 Greenview Ct AUTHORIZED AGEIiT See He I lA Ben Meyer Bonestroo Assoc I ng adulCSs 2335 W Hwy Complete mailing address A Name Complcte lot r qllirer Phone 651 604 4767 is all agelt AddirJJlal PrOjecttlr ashcets ifnccUed 8 2 04 0 5 06 D 7 D acres indicate l izc 5 66 0 tOto 40 I ACTED Allacl J D MN 55113 2 i AIE TYPE MiD SIZE OF PUBLIC WATERS or WETLAI DS Name or I D of Waters Imptlcted ifapplieable if known Check nllthat DLake DRiver Wetlalld type r8J lndieatl sizc of lakc or wcl d dlcck one Less t L D o Sl Paul 36 ply irc crC 40 o Grelte acres Chanhassen title insllrance City ifnpplicnble titlC pOI r 1 Itl s a elll Fire Cl I roper PID 250230400 6 hejrJJ I n ol lIIal iOJ Lyman Blvd 3 ProJ Coullty nallll Range 23 LJ Towns Joention or landmark and 4 TYPE OF PROJECT Dcmibe the type of propos cd work Atweh TYPOr PROJXTsheet ifnceued Mn Rule 8420 0115 and 8420 0122 Subpart 1 A Agricultural Exemption SEE ATTACHED for additional info know 5 PROJECT PUI POSE OESCIUPTION A D 01 IE1 1018 Describe what you plal1 to do tlll1 Vhy it is IlceLlcLl how you plan co construct the project with dimensions length width deplh nren of impact and when you propose to COtlstrllcllhe project This is the most importllnt part 01 rour npplication See HELP 5 before completing this section see What To Include 01l1Iall5 lnstntctiol1s p lge I AUtlch PROJeCT DISCRffT10N sheet ATTACHED Utilizing Type 1 wetlands for the purpose of agricullural production utilizing standard farming practices and machinery Footprint of plOject 3 52 acres or squarc feet drained filled or excavated 6 PROJECT ALTERNATIVES What altemativls to chis proposed project have you considered that would nvoid or minimize impacts 10 wetlands or waters List at least TWO ldditiol1ul altell1alivcs to your project in Section 5 that avoid wcthlllds olle of which nmy be 110 build 01 do nothing and explain why you chose to pursue he option described illtbis lppliC lion over these altcmmives Attneh PROJECT ALTl7 NITlVES sheet ifneedctl N A 7 ADJOINI G PROPEIHV OWNERS For projects tl1a impact more than nHliling addresses of adjacent propetty owners on an nllaehed separtite sheet See Ihe ctlmplcte If DNa 8 POllTION OF WORK COMPLETED Is lI1y portion oflhe work in weiland or 1Her arca alrCHly completed 8J Ycs yes describe the completed work on a separate sheel of pnper labeled WORK ALREADY COIPLETED See HELP 8 Tiled and Farmed SEE A11 ACHED for additiolll1 info 9 STATUS OF OTH R APPltOV ALS List any othcr permits reviews or approval related to have already been appro ed or denied 011 a separate lltt lched sheet See HELP 9 I t wetlands 0 000 square feet of watcl UI HELP 7 10 I 1111ll1ppJ ing for state and local authorization to conduct the work described in this l1pplicatiot am familiar with the contained in this application To the best of my knowledge and belie all intormation ill Part is tme complete and accurate the allJ rll o undCl1akc tile work described or I 111l lcting as the duly lIthonzcu agent of the applica pending or infot1natiol1 pas sess arc cithcl tha s proposed proj eCI 2 2 07 e t 7 aS 01 OllIe Date qf age t Iapplicahle Signalllre hits sign Ag l th fonly do so This blK k OlUs be signcd by the person who t1csirtS to Ul1dltrtake the pruposed activity and has the ncct ssury prop rty rights 10 pleast anach a separate shect sirno d by IIle lamlol er giving nltcess ry lllhorization to tho Ag l Project tor Wnter Wetland Application Furm Pag Lo aI Smtc Federal l1i 1111501a A UCATION FOR DE ART E 01 TIlE ARWi E I1T 0 cro 16 O L NO 01 to v we of CO of tt J I c ol of s mi i c of ci o 00 c 0 n ow n r 0 r OM c or c ON Y n b c c o m i di 00 r C T AT c c us oS ct oo oS ct i d m 00 ie c f ood c o c ol c c 4 Oi1E APPLICATION OMPLnfD THROUCH 4 TO BE fILLED IN B THE CORPS i valid 3 DATE REClvED 1 2 fiELD OffICE CODE HEMS 1 l rtlC 1 liON NO non shll C itens 5 and 26 11 11 agett for Itse f1ly when inchtdcd as 1 ar app icMtS Al roi 1I It II JIS lpp icallUn all t t J1 111 pl SSlIlg I 01 fU agel tllY bella r s tlY f llIlhori 111 toIL1 1 I S1 ATF r tlI OF A JTH 0 to TION I hlf b a I 1I li1Ben Meyer BonPttO i s oe v 11Illll tcqlSl SllPlleI1 nl1 intoTnllnion ii lpPO It r j j 1 II little on lpliC lhlt lif tlPp icah e D 1 f 4 PROIECl STREET i DDllliSS if instructions i Pl LlCiN S SIGNsrURE if applicable 2 PROJECT WJAE OR TITlE see KNOWN 16 an 0 LOCAnON O scKl1TIONS If KNOwN I i di NAME Of WAfERBODY If 15 LOCATION Of PROJf 13 1 Ni TURfOF t C1 lViTY 20 REASON S fOR DiSCHAROE 21 TYPES 0 MAT61UALailING D1Sl llAamO AND TIlE AMOUNT 0 IlACll TYl E N CUlIC y S Ii DIRECTIONSTO THE SITE 19 PRomcr l URYOSE If YES Df SCIUBlCOMPLETED WORK 12 sUR A J A IN IICO S Of wmLANOS OK v WATERS fll D 26 AW ion i by oad ror h 01 pm i 0 bod worl 1bi io hi Ii i on rtify 1uI i Or on in on i on i i nd or Ii fy bnll ho DUmocilY to odrt k tl k il ci or m i ol Y t UtllOflzed agent of the applicant LIST 0 CtUflftcAnONS OK o SOf LS RlF VW FROM OTl 0 ST A e OK we L OF ES 10 WORK OlSCRIBBD IN THIS A1l UCAiION NO YES 23 IS I NYlOR1 lON OF fHF WORK ALREADY caMPI8m 24 ADDRFSSES OF AtJOlNING PROPERV OWNERS y 4i y 0 mJ07 Dilli W n i m on d m ti iIy oc 1 by ori it B fill C ti c i cM i i of 00 fI U i ill co wi i k di i loc n or Ci M c ici f iti or c lib S to i m ENG ORM 4145 J 91 EDmON Of flO0 94 IS onSOLETE P c CEeWoR yoU DO Nor NEED TO coMPLETE ITEMS 6 10 and 12 2510 the SHADED AREAS d i co a d T f c l r of this cnti re state aop icatiOtl illl tttw fag nt if3ltY J vLAf7 Dale 1 i f Wcl oj Page 2 1 o No WCA Iurisdiction o Exempt No per MN Rule 8420 0 22 o No Loss A B G per MN Rule 8420 0220 o Replacement required applicant must complete Part FOR LGU USE ONLY Determination for Part 1 n COMPLETE THE SECTION BELOW ONLY IF REPLACEMENTIS NOT REOUlRED Application is check one 0 Approved o Approved with conditions conditions attached o Denied Dale CommentslFindings LGU official signalltre and 28 LGt has received proof of recording of restrictions Name and Title For Agricultural and Drainage exemptions MN Rule 8420 0lZ2 Subps per M Rule 8420 0115 Document assigned by recorder Dale Water Wetland Proj ects LGU ojficw signatllre Application Forms for Page 3 Date Minnesota LocaVStatelFederal County where recorded Ago Ex emption Basic APplication Supplemental Attachment Dorsey Property AS a result these wetland llteas were grandfatheted into the WCA of 1991 as e eUtpt froUt reaulation under MN Statute 1 03G224 1 subdivision 1 and MN Rules 8420 0122 subpart lA of the date of enactUtent of the Law and do not reluire a replaceroent plan for drainage or filling type 1 of anY size and those Type 2 wetlands less than 2 acres in size which hadbeen impacted prior to 1991 and were used for agriculnrral purposes in 6 of the Utost recent 10 year prior to 1991llte e eUtpt froUt the WCA As no ding for e eUtptiOn wasrelUired and the activity occurred prior to the enacunent of the Statue for the WCA of 1991 the AgrtCUlt1Jal e eUtption froUt a replacententplan and other regulation was lJltomatically grandfathered in and claimed for draining filling and e ca ling in these wetland areas on 1afiUll1f 1 1992 the date the Statue became effective MN Rule 8420 0115 States an activity is eJlempt if it lualifles for anyone of the e eUtptions even though it may be indicated as not e eUtpt under another e eUtpUo MN Rule 8420 0210 states An e emption maY applY whether or not the local governrnentunit has mC an e eUtption deterrn11afon ChanlllSsen City Code Article VI 20 426 noW reluires e eUtptions be reported to the City This application is to address the City of cnanhassen code cited abOve and to request a detertllination of e eUtption r ired by City Code The activity to be performed at this tinte continuationof work done within the site and is needed as a result of ctangIDg conditions to addreSS concerns with respect to safe acceSS to the property for the farm euipUtent safety to UtotorislS on adjacent roads to facilitate Illtger eluipUtent to increase productivity and to Utaintain past drainage on the site The site has been and stiis e eUtpt froUt the need for a replaceUtent plan and other regulation with respect to Minnesota Statutes as stated abOve The work being planned in Sites 1 2 3 and 4 is a continuationof investUtent Utade and work done for agricultural purposes within wetlands prior to the Wetland conservation Act CA of 1991 Sites 1 2 3 and 4 were e cavated drained f1led andlor tiled for agricultural use prior to WCA and were annuay seeded with crops or were in croP rotation seeding of pasture grass or leguUtes in 6 of the UtOSt reCCnt 10 yelltS prior to lanuary 1 1991 between lanoary 1 1981 and I anuarY 1 1991 and were in Type 1 or Type 2 wetlands 2 acres or less in size Agricult1Jal E eUtptioo per Mn Rule 8420 0115 and 8420 0122 subpart 1 A Ctanltassen City code Article VI sec 20 426 reluires that all e eUtptions be reported to the City 4 Type of Project is a Page 1 of 5 February 7 2007 e ditches tile aodlo sw les will ewrn cres Retilling the JlOod aod eestabllSluOg egress dta g bl ked off It will 11011 lot the f1elds 01 lost to w 1et b cklog 1 1ll the manOle dttches e1l1g OC 11 hIe lields with theit oeighbO to eOSute safe the owoets oeed to cooOect aod cOlob1l1e tl h me latIIle will reduce the oeed to mlve lanning ope ation COoOcctlg f1elds aod U1fvg t e flO OO catS pe d y to ccess the eOt onto county oadS lW1th ltll 1C coon so l ds wil1 provide safetY to bOth the 1 tIll ope atO aod moto lSts page 2 of 5 dimeot aod eroded materi ls ftom Site lII to the ownets inteod to dta10 the pood exca te se t t the oew stotIll JlOod designed to tCCetve retill the pond in Site lIlaod dttCCt he su ce W et 0 the sutl ce wate from the ptoperty d very latge sutl ce w tJOlIllgement JlOod AS part 01 the oew Ughw y 2 2 ptO ect 0 dew ouest 01 the City 01 Ctannasseo to blllldle was designed aodnullt Its siZe was mcrease at t e re sutle w te from the foX andDotsey ptopett1es n ce wate lllIll gement JlOod lSlte lit in 19 910 an the owoets exc vated the cut eot sm ll SU b bl cked from notut l m in ge ctoSS the ttempt to cootalO floodlog 01 sutl ce w te ettl OotecoU osed the ditches by driving ovet h t the n eViOUS owoet s e adj cent p opertY to t e eas r Ii h combined with e ostOO to bloc u e them with his ltllctO and would oot tttake epat w 0 e c ted on ntevlously dtailled tiled d m teIV 0 6 c es ttl Size r w te floW h JlO PP ox1 d 1 h alOe size lM the tiltll 01 e1c tton the ate was and 1 tIlled shalloW Type 1 wetlao 0 t e s the e was standing w te with nO pl ce 0 go Identif1ed by the DNR as Class U wetlaod bec use ot the owoe s intent to create wetlands as result 01 the ditch being totallY bIOCedh It w e uod much latge uod It has NoW as esult 01 the contJUllCd w te leac ttlg m 0 beCOme saturated dlo fill slll lI loW g ade wetlands and sutl ce the owoetsplanllttlg to exc vate dJ atO and 19 9 sun ce w te will be directed to oeW wate m nagemeot poud prevlousl exc vate 1 01200 feet to the east least 01 powets Blvd part sun ce w te man gemeot JlOnd PP oxunate t be wo ed 10 h ve p evloUSly beeo 01 the 1lighw 22 stotIll pond p oject hll eas 0 t ftom epl cemeot plan pe State 01 excavated dtailled andlot ftlled an lre h ghbO iOg p operty owoe is willing to MOllesota Statute 1030 2241 sub tlS te cross his P opert 0 the oeW JlOod cooper te od p oVide means to ltC eot Is at e aod needs longe stt lghte f1elds to pccCSS 0 p operty IS tm1ted latIIl10g e u1P C Il g d and ove groWO ditches and uee ootS opetate elf1ceodY p oductlvel and p ol blYb o 3l ps aod e osioo etuites need to loo h ve bloced 011 the dta e ttee groWl IS dgd to neW roads aod latget eulpment used t LesS ccess to 1e S ue ft d t sutl ce w te managemeo to eep gtcultute ope at10ns e 1Clent ao by latIIletS etuites new fteld managemeot ptac1ces profttab e Ag Eltem ption r ll rV 1 2001 Description Dorsei propert i Project 5 Ag E1teUlptiOn Dorsey torty lie CounW Roads it will provide longer rows and three fanus to be connected wtthoot gotOg n significant efftciencies to thelt fartO o rattons t to e cayale a surface wate collectioo pond 1 199 when the owner got an e cayattOO 1 d b t e Dm as a ClasS 11 wetland It f th r and it was c as te l water was pondlng for part 0 e y t area that was consideredwetland area plos was alSO tOoch sroaller than todaY e en Ite th n waler geroent pond abOot 0 6 of additional area was e1tcayated and replaced wt a so 0 regularl flooding additional area d bas nO ootleut OyetuO an in sitBecaose we po b ng classilJed as TIl I wetland e area d is satorating additional ground that 15 now et y is rnore than triple what it was less than fdteen yearS ago 199 the owner got apeonit to e cayale a fIte area hat was wet continoed to e p s B Drainage oot of the pond area is totally pond to contain the surface water runo te ei hbOriog ptoJrty and eyen with the blocked by the higher grade botlthng ops I and 100 year rain hat the pond floods e cayated area mere are ttl11e soch l 1 Ig d t workable hat historically always bas 1 beyond the dog oot area rnang addtttona an 00 ibit A Site I d abOot acres otf ll I wetland Before being currently this is 2 s of TIl wetl an ed for oyer 30 years fIte owner propose to e cayated in 199 it was tiled drrooed d ct surface water frorn Dorey and Fo prortY drain me pond nil and ose a swale or tt e to n ce water for hiS area This area was ttled to new stoon water pond sized for ccejlttng me so boring property being blocked Ebibit c drained and fartOed prior to me dtitutage on the netg otiginJlllY before tiled likely a TIl I wetlandt d baled eyet ear in ilS entirety until d ha lan1 hat was CO au fbe area mat 15 now a po was d ditches and erosion on me netgCuortng 191 see PhotO In 1981 as a result of me ollap e lowest spot on the sobject property at the prorty blocking the dtlUuage a srnalld O OII gwate as it backed 01 rnacing it wet for tOO ceoter of the corrent pond area starte rnoch of lie year to cot the haY ro err droye Oyer the ditches and eliminated all After 193 the fartOer who rented the adjacent iil 1 1 the ditches were folly collapsed and striJls of grasslbay osed for erostOO coolt 1 O h rinI property blocciOg drainage frorn the erosiOO raised the grade of loW land on t e netg an oncoo iye off sile owner In 191 the subiect prorty fIte neighbor at me tfe was th sobi propertY and got progressiyelY worse surface water was backtng 01 and 1l tOg 00 e each year flooding additional land 191 fIte owner fartOed the adjacent proM fIte owners land has been in Ag t esee stOce re s0 fartOed and Mr Dorsey continoedto frorn 1980 193 tior to fartOtOg t the n e faon ectOiq oes At that time the lan1 was irnproye consetlaUon practtces os con b th properties were well 1rained fanne1 to the ditches the thtches were open an 0 page 3 of 5 1 XrV 1 2001 Dorsey Property Ag Exemption Site 2 has been tiled drained and farmed long before the inception of the WCA in 1991 Proposed improvements include raise grade with fill as some tile has been broken or has become plugged and retile or swale to connect to drainage plan of Site 1 crossing the adjacent property to the east Site 3 plan is to cut overgrown willow trees and re grade surface swalethat has eroded to an impassable ditch and to fill and drain wet spot along embankment from Lyman Boulevard with a new swale Site 4 is in the southwest edge of property with about 12 foot by 200 foot area against Fox LP property The plan would be to fill andraise grade to control against overflow from wetland and development to the west and to provide access to Fox LP property for farmer The owner has contacted the property owner to the east and sOllth and is coordinating with them to establish drainage across his property Site 1 in hay and alfalfa looking east toward shed on Fox property 1981 The farm implement is at the west edge of the site February 7 2007 Page 4 0f 5 1 Dorsey Property AgExemption Site 1 looking east toward shed on Fox property 1983 Exhibits A Site Locator Map with wetland boundary determination wetland types and areas B Pond excavation plan 1989 C Property site aerial photo 1963 February 7 2007 Page 5 of 5 f W L f sl t tA I r OW li 1 Ilfif 11 1A l LYfJ1an 1 fL I Fox Property Dorsey Pro pe rty p r 1IIJ1SHED it J j Fox LP Property RICK DORSEY AGRICULTURAL EXEMPTION o I Scale in EXHIBIT A f O Bonestroo Rosene Anderlik J 11 Associates Engineers Architects SITE LOCATOR MAP I l 11 1Ia in 1 r 32 h J n11 1 5 i d i 1 t3i U C r Eil f 1 8LVDrLYMAN o0 100 I 11 10 dy o OIOS O POND C tOS Of eoJtTItOt o OiS O t SIT I D ey BNIOP06ED c 8 0 c I Message Page 1 of 2 Haak Lori From MeyerBenjamin L bmeyer@bonestroo com S nt Thursday November 16 2006 2 23 PM T Haak Lori Subj ct RE Ag exemption determination Both Dorsey and Fox lease the land to someone to farm it Becauseof the new Powers Blvd and Hwy 212 expansions the Fox property has limited access to their properties with large farm equipment Therefore they are looking at cooperatively farming the properties by ignoring their property boundaries and allowing the large equipment to access the Fox properties through the Dorsey land Also the larger equipment needs larger turning radii and such Because they are zoned within the ago area they feel this exemption is warranted Main purpose would be for cultivation of the Type 1 wetlands and to re fill the open water portion of the Type 2 Thank you Ben PS I will on vacation all of next week Any chance on getting a decision tomorrow Original Message From Haakr Lori mailto lhaak@ci chanhassen mn us Sent ThursdaYr November 16r 2006 1 17 PM To Meyerr Benjamin L Subject RE Ag exemption determination Ben I m currently reviewing the rules with regard to the proposal I will let you know before Thanksgiving if we need additionalinformation or can decide about the exemption based on what you ve submitted One question What is the purpose of the exemption What activities does the owner intend to conduct within the basins if they are determined to be exempt Lori Lori Haak Water Resources Coordinator City of Chanhassen 7700 Market Boulevard P O Box 147 Chon hassen MN 55317 Phone 952227 1135 Fax952227 1935 Email Ihaak@ci chanhassen mn us From Meyerr Benjamin L mailto bmeyer@bonestroo com Sent ThursdaYr November 16r 20068 47 AM To Haakr Lori Subject Ag exemption determination Lori 627 2007 Message 627 2007 Page 2 of 2 Attached is the wetland map for the Dorsey property The wetland boundaries were estimated and GPS surveyed by me The owner would like to apply for the Ag Exemption MN Rule 8420 0122 Subpart 1 D which states that activities on agricultural lands are exempt in Type 1 and ifless than 2 acres on Type 2 wetlands The majority of the wetlands proposed for cultivation are reed canary grass dominated Type 1 wetlands The only Type 2 wetland is the one that has the open water area on the east edge of the site The open water was excavated pre WCA This is apparent on historic photos and the owner has the grading plan Isis possible to grant the exemption based on the above information do you need further information or should we meetsometime Thanks Ben Meyer WDe Sr WetlandScientist Bonestroo Rosene AnderlikAssoc 2335 West Highway 36 St Paul MN 55113 Direct Phone 651 604 4767 Fax651 636 1311 Email bmeyer@bonestroo com Web www bonestroo com Message Haak Lori From Meyer Benjamin L bmeyer@bonestroo com Sent Thursday November 16 2006 847 AM To Haak Lori Subj ct Ag exemption determination Attachments Dorsey wetland map pdf Page 1 of 1 Lori Attached is the wetland map for the Dorsey property Thewetlandboundaries were estimated and GPS surveyed by me The owner would like to apply for the Ag Exemption MN Rule 84200122 Subpart 1 D which states that activities on agricultural lands are exempt in Type 1 and ifless than 2 acres on Type 2 wetlands The majority of thewetlands proposed for cultivation are reed canary grass dominated Type 1 wetlands The only Type 2 wetland is the one that has the open water area on the east edge of the site The open water was excavated pre WCA This is apparent on historic photos and the owner has the grading plan Isis possible to grant the exemption based on the above information do you needfurther information or should we meet sometime Thanks Ben Meyer WDe Sr WetlandScientist Bonestroo Rosene AnderlikAssoc 2335 West Highway 36 S1 Paul MN 55113 Direct Phone 651 604 4767 Fax 651 636 1311 Email bmever@bonestroo com Web www bonestroo com 6 272007 l W I m i t ihl M d c At i iI 1f r RICK DORSEY DORSEY AND FOX AG EXEMPTION EXHIBIT A Bonestroo Rosene N ii1 Anderlik0300AssociatesII Scale in feet EngIneers ArchItects 2005 AERIAL PHOTO November 13 2006 GPS APPROX WETLAND BOUNDARIES J 8LM Marketing Oorsey Site Chanhassen GPS map dwg I I SA MS s 14 06 103B lOl 103B 3355 103G 2242 HIST IB SR 274 22 SR 1877 25 SR 152 27 SR 135 I i 8420 0115 SCOPE OF EXEMPTION STANDARDS Persons proposing to conduct an exempt activity are encouraged to contact the local government unit or the local government unit s designee for advice on determining whether a proposed project is eligible for an exemption and to evaluate alternatives to avoid or minimize wetland impacts An activity is exempt ifit qualifies for any one of the exemptions even though it maybe indicated as not exempt under another exemption These exemptions do not apply to calcareous feris as ideritified by the commissioner No exemptions apply to wetlands that have been previously restored or created as a result of an approved replacem ent plan All such wetlands are subject to replacement on subsequent drainage excavation or filling Wetlands may not be partially drained excavated or filled in order to claim an exemption or no loss deter ination on the remainder Therefore no exemptions or no loss determinations can be applied to the remaining wetland that would not have been applicable before the impact Exemptions may not be combined on a wetland that is impacted by a project Present and future owners of wetlands drained or filled wi thout replacement unCl er an exemption in part 8420 0122 subparts 1 and 2 item B can make no use of the wetland area after it is drained excavated or filled other than as agricultural land for ten years after the draining ex6avating or filling unless it is first replaced under the requirements of Minnesota Statutes section 103G 222 Also for ten ye rs the wetland may not be restored for replacement credit Except for land in public ownership at the time of draining excavation or filling the landowner shall record a notice of these restrictions in the office of the county recorder for the county in which the project is locaied At a minimu the recorded document must contain the name or names of the landowners a legal description of the property to which the restrictions apply a statement of the restrictions the date on which the ten year period expires the name of the local government which certified the exemption if such occurred the signatures of all owners arid an acknowledgment A person conducting an activity in a wetland under an exemption in part 84200122 shall ensure that A appropriate erosion control measures are taken to prevent sedimentation of the water B the activity does not block fish activity in a watercourse and C the activity is conducted in compliance with all other applicable federal state and local eq irements j 79 M C iI I Ij 2 i i I I 1 j n 1 including best management practices as listed in part 84200112 and water resource protection requirements established under Minnesota Statute chapter 103H SA MS s l4 06 103B 10l 103B 3355 103G 2242 HIST 18 SR 274 22 SR 1877 25 SR l52 27 SR 135 84200120 Repealed 22 SR 1877 8420 0122 EXEMPTION STANDARDS Subpart 1 Agricultural activities A replacement plan for wetlands is not required for A activities in a wetland that was planted with annually seeded crops or was in a crop rotation seeding of pasture grass or legumes in six of the last ten years prior to January 1 1991 Documentation such as aerial photographs United States Depar ent of Agriculture records or affidavit of landowner must be required by the localqovernment unit to show and use as evidence for this exemption Land eligiblefor this exemption must be wetland types 1 and 2 B activities in a wetland that is or has been enrolled in the federal Conservation Reserve Program that was planted with annually seeded crops or was in a crop rotation seeding in six of the last ten years prior to being enrolled in the program and has not been restored with assistance from a public or private wetland restoration program Federal documentation that the wetland is or has been enrolled in the federal Conser ation Reserve Program may be used as evidence for this exemption The landowner must also meet the same requirements of item A except that the years required are at least six of the ten years recedingthe year of enrollment in the federal Conservation Reserve Program The landowner must also state in writing that the wetland was not restored with assistance from a public or private wetland restoration fund or that the restoration was done under a contract or easement providing the landowner with the right to drain the restored wetland C activities in a wetland that has received a commenced drainage determination provided for by the federal Food Security Act of 1985 that was made to the county USDA office prior to September 19 1988 and a ruling and anysubsequentappealsorreviewshavedeterminedthatdrainage of the wetland had been commenced prior to December 23 1985 The landowner must provide United States Department of AgriculturedocumentsconfirmingthatthecountyUSDAofficedetermined before September 19 1988 that drainage had beguh before December 23 1985 and that the determination has not been overturned by subsequent appeal or review and is not currentlyunderadministrativereview D 1 activities in a type 1 wetland on agriculturallandexceptforbottomlandhardwoodtype1wetlandsand 80 MC C 1 Ijo I II I j 1 i 1 activities in a type 2 or type 6 wetland that is less than two acres in siz and located on agricultural land 2 this exemption may be expanded to additional acreage including types 12 and 6 wetlands that are part ofa larger wetland system when the additional acreage is part of a conservation plan approved by the local soil and water conservation district the additiorial draining or filling is necessary for efficient operation of the farm the hydrology of the larger wetland system is not adversely affected and wetlands other than types 1 2 and 6 are not drained or filled 3 the exemption in subitem 2 is subject to the size limits included in subitem l E aquaculture ac ivities including pond excavation and construction and maintenance of associated access roads and dikes au horized under and conducted in accordance with a permit issued by the United States Ariny Corps of Engineers under section 404 of the federal Clean Water Act United States Code title 33 section 1344 but riot including construction or expansion of buildings F wild rice producti6n activities including necessary diking and other activities authorized under a permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water Act United States Code title 33 section 1344 G normal agricultural practices to control noxious or secondary weeds as defined by rule of the commissioner of agriculture in accordance with applicable requirements under state and federal law including established best management practices and H agricultural activities that are 1 in a wetland that is on agricultural larid annually enrolled irior determined to be eligible or b nefits under the federal Agriculture Improyement and Reform Act of 1996 Public LawNumber 104127 or 2 subject to subsequent federal farm program restrictions that meet minimum state standards under this chapter and Minnesota Statute sections l03A 202 and 103B 3355 and that have been approved by the board of water and soil resources the commissioners of natural resources and agriculture and the pollution control agency The approved conditions and standards shall be noticed by the board o local government units and published in the State Register The conditions and standards shall take effect 30 dayi after publication and remain in effect unless superseded by subsequent statute rule or notice in the State Register This exemption may be applied to a ricultural land annually enrolled in the federal Farm Program as long as wetlands are not drained excavated or filled beyond what is a allowed under the other exemptions in this part 81 i I i JIJi ilitJi 1 1H IiIiIiIlilil i i Iii 1 Ji11 b necessary to replace maintain or repair existing private drainage infrastructure with a capacity not to exceed that which was originally constructed or c replaced at a ratio of 11 or greater under United tates Department of Agriculture provisions as supported by documentation from the United States Department of Agriculture which must be included as evidence to support this exemption If the activity would result in loss of eligibility the landowner cannot qualify for the exemption Subp 2 Drainage A For the purposes of this subpart public drainage system means a drainage sistem as defined in Minnesota Statutes section l03E OOS subdivision 12 and any ditch or tile lawfully connected to the drainage system BA replacement plan is not required for draining of type 1 wetlands or up to five acres of type 2 or type 6 wetlands in an unincorporated area on land that has been assessed drainage benefits for a public drainage system provided that 1 during the 20 year period that ended January 1 1992 a there was an expenditure made from the drainage system account for the public drainage system bthe public drainage system was repaired or maintained as approved by the drainage authority or c no repair or maintenance of the public drainage system was required under Minnesota Statutes section 103E 705 subdivision 1 as determined by the public drainage authority and 2 the wetlands are not drained for conversion to a platted lots b planned unit commercial or industrial developments or c any development with more than one residential unit per 40 acres If wetlands drained under this item are converted to uses prohibited under subitem 2 during theten year period following drainage the wetlands must be replaced under Minnesota Statutes section l03G 222 C A replacement plan is not required for draining excavating or filling of wetlands except for draining types 3 4 and 5 wetlands that have been in existence for more than 25 years resulting from maintenance and repair of existing public drainage systems conducted or authorized by a public drainage authority pursuant to Minnesota Statutes chapter 103E D A replacement plan is not required for draining excavating or filling of wetlands except for draining wetlands that have been in existence for more than 25 years resulting 82 than public drainage systems For items C arid D the landowner must provide documentation that the wetlands which will be partially or completely drained by the maintenance have not existed for more than 2S years Documentation may include but is not limited to a rial photographs climatological records soil borings vegetative analysis elevation urveys or sworn affidavits EA replacement plan is not required for draining excavating or filling of wetlands resulting from activities conducted as part of a public drainage system improvement project that received final approval from the drainage authority before July 1 1991 and after July 11986 if 1 the approval remains valid 2 the project remains active and 3 no additional drainage will occur beyond that originally approved F The public drainage authority may as part of the repair install control structures realign the ditch construct dikes along the ditch or make other modifications as necessary to prevent drainage of the wetland G Wetlands and public waters of all types that could be drained as a part of a public drainage repair project are eligible for the permanent wetlands p eserve program established under Minnesota Statutes section 103F 516 The board shall give priority to acquisition of easements on types 34 and 5 wetlands that have been in existence for more than 25 years on public drainage systems and other wetlands that have the greatest risk of drainage from a public drainage repair project Subp 3 Federal approvals A replacement plan for wetlands is not required for activities described in items A and B A Activities exempted from federal regulation under United States Code title 33 section 1344 f as in effect on January 11991 The local government unit may certify the exemption only if the landowner furnishes proof of qualification for one of the exemptions from theUnited States Army Corps of Engineers This exemption does not apply to a project with the purpose of converting a wetland to a nonwetland either immediately or gradually or converting the wetland to another use or when the fill will result in significant discernibl change to the flow or circulation of water in the wetland or partly draining it or reducing the wetland area B Activities authorized under section 404 of the federal Clean Water Act United States Code title 33 section 1344 or section 10 of the Rivers and Harbors Act of 1899 United States Code title 33 section 403 and regulations that meet minimum state standards under this chapter and that have been approved by the board of water and soil resources the 83 I irJl I i 1 I I ijifI 1I in t t 1IIIilirifI fI f iIJ J t f j fI f I WIf IIfr f fr I fnf I tf h V f j f t i I i 7 N 1 I I i t 1 i 3 Ii i i I III I I i I c The local government unit and soil and water conservation district may charge processing fees in amounts not greater than are necessary to cover the reasonable costs of implementing thi chapter and for technical and administrative assistance to landowners in processing other applipClt ms for projects affecting wetlands SA MS s l4 06 103B 10l 103B 3355 103G 2242 HIST 18SR 274 22 SR 1877 25 SR 152 27 SR135 8420 0210 EXEMPTION DETERMINATIONS A landowner intending to drain or fill a wetland without replacement claiming exemption under part 84200122 may contact the local government unit before beginning draining or filling activities for determination whether or not the activity is exempt A landowner whodoes not request a determi nation may be subject to the enforcement provisions in part 8420 029cr and Minnesota Statutes section 103G 2372 The local government unit must keep on file all documentatibn and findings of fact concerning exemption determinations for a period of ten years An exemption may apply whether or not the local government unit has made an exemption determination If the landowner requests an exemption determination thenthe local government unit must make one The landowner applyin for exemption is responsible for submitting theproofne6essary to show qualification for the particular exemption claimed including proof of the requisite property rights to do the activity The local overnment unit may evaluate evidence for an exemption without making a determination The local government unit decision shall be based on the exemptions standards in part 84200122 If the decision require a firtding 6f wetiand ize or t pe the local government unit should seek the advice of the tebhnical panel as described in part 84200240 The local government unit decision must be made in compliance with Minnesota Statutes section 15 99 The local government unit decision must be sent to the landowner members of the technical evaluation panel the watershed district or water managemeni organization if there ii one the com issioner of natural resources and individual members of the public who request a copy within ten working days of the decision SA MS s 1406 103B lOl 103B 3355 103G 2242 HIST 18 SR 274 22 R 1877 25 SR 152 27 SR 135 i 84200220 NOLOSS DETERMINATIONS A landowner unsureifprop6sed work will result in a loss of wetl nd may apply to the local government unit for a determination A landowner who does not request a determination may be subject to the enforcement p ovisions in part 8420 0290 and Minnesota Statutes section 03G 2372 The local government 89 v ITY 0 F CHANHASSEN 51 c DATE 14 89 CC DATE 1 23 89 CASE NO 88 16 WAP Prepared by Hanson v STAFF REPORT PROPOSAL Wetland alteration permit for alteration of a Class B wetland on property zoned A 2 to create a wildlife pond t Z J 0 a 1tiKm by city dmln strnW EndOr Ad r Pr MGdiH8d n LOCATION 1551 Lyman Boulevard Rej8r tsd APPLICANT Patricia and George Dorsey 1551 Lyman Boulevard Chanhassen MN 55317 D2l8 Date SUlf 1it Jd i a Gmmi sJo I LJ g1 fjitSt b U t GD i J 3 L PRESENT ZONING A 2 Agricultural Estate ACREAGE 40 Acres DENSITY lLJ WATER AND SEWER Not available to the site I f PHYSICAL CHARAC The site generally slopes to the south and west with the Class B wetland located to the south ADJACENT ZONING AND Ll ND USE N A 2 Residences S A 2 Agricultural EA 2 Agricultural W A 2 Agricultural 2000 LAND USE PLAN Agricultural r I IJOfvat po Dorsey WAP January 4 1989 Page 2 APPLICABLE REGULATIONS Section 20 421 requires a wetland alteration permit for the creationof a pond within a Class B wetland BACKGROUND The applicants have met with staff to discuss the creationof a wildlife pond on their property Jo Ann Olsen met with Dr Elizabeth Rockwell of the Fish and Wildlife Service on site Dr Rockwell felt that construction of the pond in the wetland would be beneficial if the standard six conditions of the Fish and Wildlife service were followed Those conditions are outlined in Attachment 1 ANALYSIS The applicant has provided a proposed plan for the pond This plan provides a free form shape with appropriate slopes The bottom of the pond will be uneven as specified in the third con dition of the Fish and Wildlife Service The basin will have a water level control The applicant needs to place a layer of topsoil muck from an existing wetland being filled on the bot tom of the basin A fringe of shrubs needs to be added on the upland surrounding the basin The applicant has noted the disposal site for materials to be excavated and provided erosion control measures on the downslope side of the disposal site RECOMMENDATION The planning staff recommends that the Planning Commission adopt the following motion The Planning Commission recommends approval of Wetland Alteration Permit No 88 16 with the following conditions 1 Written approval of the alteration plan from the Fish and Wildlife Service that the proposal conforms to their six con ditions for ponds PLANNING COMMISSION ACTION The Planning Commission recommended approval as noted above with staff s recommended condition STAFF UPDATE After the Planning Commission meeting I talked with Paul Burke of the Fish and Wildlife Service and he stated the plans as proposed by Dorsey were acceptable and recommended approval as submitted e Dorsey WAP January 4 1989 Page 3 CITY COUNCIL RECOMMENDATION Staff recommends the City Council adopt the following motion The City Council approves Wetland Alteration Permit 88 16 sub ject to the plans stamped Received December 12 1988 LANDDEVELOPHENT APPLICATION CITY OF CHANHASSEN 690 Coulter Drive Chanhassen MN 55317 612937 1900 S lcLCVl 1VAPPLICANTGentGEJ 5e ADDRESS ISs l maI l 1 d v o bY S v v Y 7 Zip Code TELEPHONE Daytime I 03 I OWNER G e r Q r tCi ADDRESS ISI 1 v C c se 55 a t7 Zip Code TELEPHONE 44 RPo REQUEST Zoning District Change Planned Unit Development Zoning Appeal Zoning variance Sketch Plan preliminary plan Final Plan Zoning Text Amendment Subdi vision Land Use Plan Amendment Platting Metes and Bounds Conditional Use Permit Site plan R eview Street Easement Vacation Wet lands Permit PROJECT NAME PRESENT LAND USE PLAN DESIGNATION REQUESTED LAND USE PLAN DESIGNATION PRESENT ZONING REQUESTED ZONING USES PROPOSED lJcrJ X SIZE OF PROPERTY I 0 aCr e5 LOCATION h W SlO Ytj 3 l Wf tI Ct K 3 K REASONS FOR THIS REQUEST e i GA A vi J LEGAL DESCRIPTION Attach legal if necessary W JiIIlt Ji i 1 i h City of Chanhassen Land Development Application P ag e 2 FILING INSTRUCTIONS This applicqtion must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable Cityordinance provisions Before filing this application you should confer with the City Planner to determiAe the specific ot Q inanc e and procedut al requirements applicable to your application FILING CERTIFICATION The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances Signed By Date a L cg The undersigned hereby certLfies that the applicant has been authorized to make this app ication for the property herein described Signed By Date Application Received l 2gS Application Fee Paid Z City Receipt No jSCJ3 r Date I I d V S tyJU wncu lf JO j IfefW fOpoGUl 1V1 q lil P I U e fl u tll fd e flbfO eYl6 l cottdl Pruf 1CO D This Application will be considered by the Planning Commissionl Board of Adjustments and Appeals at their meeting t It 690 City of Chanhassen Coulter Drive P O Box 147 Chanhassen MN 55317 612 937 1900 fr 1 4J REGION VItVATERSSteohenHansoncityplanner Date December 13 1988 To Develornent Plan Referral Agencies From Planning Department By Subject W9tland AIteration Pennit to create a pOnd in a Class B wetland on property zoned A 2 Aqricultural Estate and located at 1551 Blvd Planning Case 88 16 WAPI rsey The above described application for approval of a land development proposal was filed with the Chanhassen Planning DepartlleI1t on ceTiber 12 1qRR In order for us to provide a complete analysis of issues for Planning Commission and City Council review we would appreciate your comnents and recomnendations concerning the impact of this proposal on traffic circulation existing and pro posed future utility services storm water drainage and the need for acquiring public lands or easements for park sites street extensions or improvements and utilities Where specific needs or problems exist we would like to have a itten report to this effect from the agency concerned so that we can make a recommendation to the Planning Comnission and City Council This application is scheduled for consideration by the Chanhassen Planning Corrmission on January 4 1988 at 7 30 p m in the Council Chambers at Chanhassen City Hall We would appreciate receiving your cormnents by no later than December 23 1988 You may also appear at the Planning Comnission meeting if you so desire Your cooperation and assistance is greatly appreciated 1 City Departments City Engineer b City Attorney c City Park Director d Public Safety Director e Building Inspector OWaterShed District Engi eer 3 Soil Conservation Service MN Dept of Natural Resources 8 Telephone Company NW Bell or United 9 Electric Company NSP or MN Valley 10 IWENCable System 4 MN Dept of Transportation 11 Roger Machmeier Jim Anderson i U S Fish and wildlife 13 Carver County Engineer5USAnnyCorpsofEngineers 6 Minnegasco 14 Other 2 1 ee M DIIlRj YllhtuA tMQ to IN lc Li p I C TY Of CHANHASSEN RECE1 lED F i gB8ldJI CHANHASSEN PLANNiNG DEPT NO LYMAN BLVD C S A HWt o 50 100 I 121012 m o PROPOSED POND C EROSION CONTROL o DISPOSAL SITE Op06fDI o eY f3Nt Planning Commission Meeting January 4 1989 Page 40 PUBLIC HEARING WETLAND ALTERATION PERMIT TO CREATE A POND IN A CLASS B WETLAND ON PROPERTY ZONED A 2 AGRICULTURAL ESTATE AND LOCATED AT 1551 LYMAN BOULEVARD GEORGE DORSEY Public Present George Dorsey Applicant Rick Dorsey Steve Hanson presented the staff report Chairman Conrad called the public hearing to order Rick Dorsey I just have one comment The question being the shrubs on the upland side We will do that if necessary but introducing something to the area that s not natural we question the need for it ElIson Is that under one of the six conditions Conrad No it s just under the analysis portion Dr Rockwell is really quite a good expert that we have a lot of confidence in Any other public comments Headla moved Emmings seconded to close the public hearing All voted in favor and the motion carried The public hearing was closed Headla I went on that field trip with Dr Rockwell and JoAnn She spoke very highly of what they re proposing and I don t remember any discussion of shrubs at all That s all I have to say I m highly in favor of it Wildermuth It s refreshing to see somebody creating a wetland rather than trying to fill one in Is that a topographical map Steve Hanson Yes it is Wildermuth On the north side of the pond where we re proposing that the shrubline be put in Hanson Let me clarify one thing on the shrub line The reason I put that in the memo is when you look at the six conditions of the Fish and Game there sa reference in there The shrub plantings around it I have not been privy as to whether Dr Rockwell may have suggested that as a condition or not so either include it as just one of the standard conditions that they normally have utlized for that improvement Wildermuth What I m wondering is what s the difference in elevation between the surface of the pond and where the proposed shrubline would be Hanson The top surface of the pond is I believe it s 889 versus 890 up here Very shallow f Planning Commission Meeting January 4 1989 Page 41 wildermuth If we did persist in requiring that shrubline in there it would essentially block the view of the pond from the Rick Dorsey They would also probably die Wildermuth What s your feeling on that Steve Hanson My feel on it is I put it in there because it s listed in our standard conditions and that s why in the recommendation I said pending getting that written response from the Fish and Wildlife on what their recommendation on how to those six standards would be applied to this particular case What the applicant is saying is what they recommend I don t have a problem with that I m not asking for something more Wildermuth I m not either Batzli I assume that is this the plan that you received from the applicant that we re looking at here Hanson Yes Batzli I guess I d like to see typically on a wetland alteration permit we reference the plan with what they re going to do and I d like to see that included either in any proposal or recommendation that we want to put that you re recommending approval of the wetland permit based on plans that we ve got in front of us I don t have a good feel at all for whether they need shrubs or not to be quite honest with you I don t recall that being one of the six conditions I know I see them there but I never recall seeing that one before so it surprises me I guess I would leave it to the experts in this being the Fish and Wildlife Service saying whether they think it s required in this If the person visited the site and never mentioned it I say we can leave that one off but I would like to see that what they re going to do here is what we see in front of us tonight Ellson I m pretty much in agreement with all these guys I ll go along with what the experts say but it seems to be like some of the other things I wish we would have had it as of now Maybe we should be giving people dates as to when theyget all their ducks in a row or what have you but here we are again approving something without the other thing again but I could do that That s about it Emmings This is the first one of three that your application doesn t say a damn thing Conrad Steve it s not the right one I wasn t even going to bring that up Emmings I like the reasoning though Required by the City It looks to me from the six conditions that if there s going to be any shrubs at all they re actually supposed to be right down by the edge of the water is what it sounds like Not up the hill but again I ll go along with f Planning Commission Meeting January 41989 Page 42 everybody else in that I think it sa reasonable approach to run the plan by Fish and Wildlife If they re satisfied that it meets their conditions that s certainly fine with me Otherwise it looks like a fine plan Erhart I think it s a great plan I also think that placing shrubs down thereis an expense that s unneeded because in that area what s going to grow is going to grow and what s going to die is going to die There s so much vegetation there that it would quickly reseed itself and that will take care of itself and go back to it s natural state Conrad Yes I like the plan and I don t think we need the shrubs Is there a motion Batzli I move that the Planning Commission recommend approval of Wetland Alteration Permit 8816 based on the plans stamped received I d like staff to fill in when they were received subject to the following conditions and then the 1 condition that s set forth by the staff Ernmings Second Batzli moved Ernmings seconded that the Planning Commission recommend approval of Wetland Alteration Permit 8816 based on the plans stamped Received December 12 1988 and subject to the following condition 1 Written approval of the alteration plan from the Fish and Wildlife Service that the proposal conforms to their six conditions for ponds All voted in favor and the motion carried PUBLIC HEARING WETLAND ALTERATION PERMIT TO DREDGE SILT ACCUMULATION FROM AN EXISTING CHANNEL IN A CLASS A WETLAND ON PROPERTY ZONED RSF SINGLE FAMILY RESIDENTIAL AND LOCATED GENERALLY SOUTH OF THE LOTS FRONTING ON WASHTA BAY ROAD MINNEWASHTA MANOR CHANNEL HOMEOWNERS ASSOCIATION Public Present Name Address Harry Niemela 2901 Washta Bay Road Steve Hanson presented the staff report Chairman Conrad called the public hearing to order Conrad Does it meet our ordinance Hanson As far as the disposal area City of Chanhassen Carver and Hennepin counti tnn es ota In the matter of Chanhassen Planning Case 88 16 wetland Alteratifu pennit Owner IbrseyIbrsey APPlil sey Street Address 1551 Lyrran Boulevard P I N 2500230400 Zoning District A 2 Agricultural Estate The above entitled matter was heard before the planning Cbmmission on January 4 1989 and up for final action before the Chanhassen City Council on January 23 1989 The City Council ordered that a vetland alteration permit be granted based upon the documentation contained in Planning File 88 16 Wetland Alteration Permit subject to the plans in filedatedDecember121988 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER Filing Feeil 10Thisistocertiythatthis doclL1entileintofficeo1AJleKday o 19J1LA D at o clock M and was duly recorded as document no State of Minnesota ss Carver County 108338 CARL W HANSON JR Co M YiG G I Stephen Hmson City Planner for the City of Chanhassen do hereby certify that I have compared the foregoing with the original record thereof and have found the same to be a correct and true summary thereof Witness my hand and official seal of Chanhassen Minnesota this 30th day of Janllary 1989 Chanhas en City Planner r c N rd4l I I c NPWRC Wetlands of the United States Their Extent and Their Value to Waterfowl an Page 1 of 4 Northern Prairie Wildlife Research Center Wetlands of the United States Their Extent and Their Value To Waterfowl and Other Wildlife By Samuel P Shaw and C Gordon Fredine Preface Undisturbed marshes swamps and overflow lands have many inherent values and a variety of uses This report is confined to the use of these natural wetlands by wildlife Millions of Americans rely on wild animals to furnish them with healthful outdoor recreation Other values of wetlands include the storage of ground water the retention of surface water forfarm uses the stabilization of runoff the reduction or prevention of erosion the production of timber the creation of firebreaks the provision of an outdoor laboratory for students and scientists and the production of cash crops such as minnows for bait marsh hay wildrice blueberries cranberries and peat moss Some wetlands provide good fishing This report points out relative values of different types of wetlands to wild game in general and to waterfowl in particular It locates and describes areas that should be protected and improved to meet the needs of a stable or increasing waterfowl population The information is presented with the fervent hope that it will assist and stimulate the establishment of more comprehensive land use programs and policies The inventory was financed largely by funds derived from the sale of Federal Duck Stamps http www npwrc usgs gov resource wetlands uswetlanlindex htm 7 1212007 NPWRC Wetlands of the United States Their Extent and Their Value to Waterfowl an Page 2 of 4 The wetlands data on which this report is based were gathered by the U S Fish andWildlife Service with the cooperation of various State fish and game agencies Much of the assessment of waterfowl values was made by State biologists for their respective States This resource is based on the following source Shaw Samuel P and C Gordon Fredine 1956 Wetlands ofthe United States their extent and their value to waterfowl and other wildlife U S Department of the Interior Washington DC Circular 39 67pp This resource should be cited as Shaw Samuel P and C Gordon Fredine 1956 Wetlands oftheUnited States their extent and their value to waterfowl and other wildlife U S Department ofthe Interior Washington DC Circular 39 Northern Prairie wildlife Research Center Online http www npwrc usgs gov resource wetlands uswetlan index htm Version 05JAN99 Summary of Chapters The Problem of Saving Wetlands The nature of wetlands Cooperative planning A Century of Wetland Exploitation Swamp Land Acts of 1849 1850 and 1860 Previous inventories Evidences of wetland losses Organized drainage enterprises Other destructive forces Wetland Soils Peats andmucks Alluvial soils Future outlook The Wetlands Inventory Areas covered Classification Evaluation The 20 Wetland Types Inland fresh areas Inland saline areas Coastal fresh areas Coastal saline areas Use of the Inventory Water control and land use planning http www npwrc usgs gov resource wetlands uswetlanlindex htm 7 1212007 NPWRC Wetlands of the United States their Extent and Their Value to Waterfowl an Page 3 of 4 Flyway management Wetland preservation and development Encouraging local wetland projects Public Waterfowl Areas Role of refuges Refuges under public control Refuges and hunting Refuge management Future of refuge programs Improving Wetlands for Waterfowl Contributions to Other Wildlife Glossary of Plant Names List of References Text Figures Figure 1 Agricultural land acreage as of Jan 1 1950 in drainage enterprises Figure 2 Extent and present value of wetland types Figure 3 n Flyway areas used in analyzing the relative importance of wetland types to waterfowl Figure 4 n Typical bog and a dam which made the bog into a good waterfowl pond in New Hampshire Figure 5 Horicon Marsh in Dodge County Wis Figure 6 n Pothole blasted by WisconsinConservation Department in RatRiver Marsh Winnebago County Wis Figure 7 n Highway pond above Portsmouth NH where new turnpike was used as a dam to impound a former salt marsh Figure 8 Fenced stock water pond in eastern Montana Figure 9 n Marsh in Cattaraugus County N Y Showing stages of watrefowl habitat improvement project Figure 10 Willow Slough State game Preserve Newton County Ind Figure 11 n Pheasant hunters in marsh in Emmett County Iowa Figure 12 Beaver pond in Michigan whichcreated good waterfowl habitat Plates Plate 1 Seasonally flooded basins or flats Plate 2 n Inland fresh meadows Plate 3 Inland shallow fresh marshes Plate 4 Inland deep fresh marshes Plate 5 Inland open fresh water Plate 6 Shrub swamps Plate 7 Wooded swamps Plate 8 Bogs Plate 9 Inland saline flats Plate 10 Inland saline marshes Plate 11 Inland open saline water Plate 12 Coastal shallow fresh marshes Plate 13 Coastal deep fresh marshes Plate 14 n Coastal open fresh water Plate 15 Coastal salt flats http www npwrc usgs gov resource wetlands uswetlanlindex htm 7 1212007 NPWRC Wetlands of the United States Their Extent and Their Value to Waterfowl an Page 4 of 4 Plate 16 Coastal salt meadows Plate 17 Irregularly flooded salt marshes Plate 18 Regularly flooded salt marshes Plate 19 Sounds and bays Plate 20 Mangrove swamps Plate 21 Distribution of wetlands of the United States Tables Table 1 n Acreage granted to States for swamp reclamation Table 2 n Change in wetland acreage since 1850 Table 3 n Growth and condition of land in drainage enterprises for specified years Table 4 n Estimated acreage of fertile undeveloped land that is physically feasible to provide with drainage in selected humid sections of the United States 1948 Table 5 n Description and acreage of wetland types in the United States Table 6 Values of wetlands to waterfowl based on State unit determinations Table 7 n Use of wetland types by game and fur animals Table 8 n Number of game and fur species using wetlands Downloading Instructions n Instructions on downloading and extracting filesfrom this site II uswetlan zip 37M Wetlands of the United States Installation Extract all files and open index htm in a web browser U S Department of the Interior I U S Geological Survey URL http jjwww npwrc usgs govjresourcejwetlandsjuswetlanjindex htm Page Contact Information npwrc@usgs gov Page Last Modified August 24 2006 http www npwrc usgs gov resource wetlands uswetlanlindex htm 712 2007 NPWRC Wetlands of U S Page 1 of 12 Northern Prairie Wildlife Research Center Wetlands of the United States Their Extent and Their Value To Waterfowl and Other Wildlife The 20 Wetland Types Inland fresh areas Inland saline areas Coastal fresh areas Coastal saline areas This chapter describes the 20 wetland types in relation to their usefulness as habitat for waterfowl Wetlands do not all fit neatly into definite type classifications In this connection the Wetlands Classification Committee reports Because of the infinitely varied and intergrading physical and chemical conditions that underlie the complex of wetlands in this country it would be impossible to create a useful classification system that completely avoids over lapping of types recognized Some degree of overlapping is acknowledged but it is believed that they are sufficiently distinct to serve satisfactorily in evaluations of wetlands 9 In practical use however the system has served its intended purpose effectively The 20 types of wetlands are grouped underfour categories INLAND FRESH AREAS Types 1 to 8 http www npwrc usgs gov resource wetlandsuswetlan types htm 7 122007 NPWRCWetlands of U S Page 2 of 12 INLAND SALINE AREAS Types 9 to 11 COASTAL FRESH AREAS Types 12 to 14 and COASTAL SALINE AREAS Types 15 to 20 In each category the types are arranged in order of increasing water depths during the growing season Types 6 7 and 20 and oftentimes Type 8 are characterized by growths of shrubs or trees From the standpoint of acreage Type 1 Seasonally flooded basinsand flats is the most abundant and Type 14 Coastal open fresh water is the least abundant Figure 2 names each type in numerical order and indicates its area and value as waterfowl habitat In this figure and in the type maps included in the plates at the end of the report Primary Importance refers to wetland areas rated as high or moderate in value to waterfowl in the State inventories The total acreage of primary importance in the United States is 224 million Since this figure is derived by totaling valuesfor individual States it should not be inferred that the percentages usedin figure 2 apply uniformly throughout the country It is generally true however that the values of most individual types tend to be rather consistent from one part of the country toanother Figure 3 shows the United States divided into eight flyway areas The heavy lines running north and south are administrative boundaries of the four flyways commonly referred to in waterfowl management The heavy east and west lines roughly divide each flyway into northern and southern halves The eight resulting areas are convenient units for studying the abundance and importance of wetland types Most waterfowl breeding in the United States occurs in the four northern flyway areas and most of the important wintering grounds are in the four southern ones Although there is considerable overlapping of these seasonal activities particularly in States along the line between north and south wetlands in the four northern areas generally make their most important contribution to breeding waterfowl and those in the southern areas are used principally for wintering Wetlands in all eight flyway areasserve as habitat during migration in some instances their primary value lies in this heavy use by migrant birds There follows a brief description of each wetland type with mention of its more important physical and vegetative characteristics and a table of its acreage by flyway areas Atthe end of the report are 20 plates which include for each of the wetland types a map showing its general locationabundance and waterfowl value and a photograph of anarea representative of the type The type distribution maps are not comparable in acres per dot representation they vary from 1 dot for 500 acres in Type 14 to 1 dot for 50 000 acres in Type 1 This variation is necessary because of the tremendous range in acreage totals among the 20 wetland types see table 5 The dots are based on county acreage data each dot is located in or close to the county to which it applies When acreages for two or more counties are combined in order to equal the amount represented by one dotthedot is close to the geographic center of the counties involved The symbols used to show relative waterfowl values by flyway areas are standardizedfor all the type maps These symbols show what proportion of the habitat of a particular type in a particular flyway area is judged to be of primary importance to waterfowl as follows http www npwrc us gs gov resource wetl ands uswetlan types htrn 7 122007 NPWRC Wetlands of U S Page 3 of 12 VVETLANDACREAGE RATED OF PRlMARY IMPORTANCE 34 TO ALL j 112 TO 34 14 TO 112 r LESS THAN 14 INLAND FRESH AREAS Type 1 Seasonally flooded basins or flats pl1 The soil is covered with water or is waterlogged during variable seasonal periods but usually is well drained during much of the growing season This type is found both in upland depressions and in overflow bottom lands Along river courses flooding occurs in late fall winter or spring In the uplands basins or flats may be filled with water during periods of heavy rain or melting snow Vegetation varies greatly according to the season and the duration of flooding It includes bottom land hardwoods as well as some herbaceous growths Where the water has receded early in the growing season smartweeds wild millet fall panicum tealgrass chufa redroot cyperus andweeds such as marsh elder ragweed and cockleburs are likely to occur Shallow basins that are submerged only very temporarily usually develop little or no wetland vegetation Upland depressions included in the inventory are confined largely to the three Lake States the two Dakotas Montana and the Panhandle of Texas In the northern States the presence of this temporary waterstimulates high waterfowl production by providing greater area for the establishment of territories by breeding pairs When water occurs abundantly in the Panhandle the temporarily flooded basins playas are used extensively by migrating and wintering waterfowl The overflow bottom lands in the southern part of the Mississippi Flyway provide a major wintering area forducks as well as good shooting sites for hunters Particularly in good mast years feeding ducks use bottom lands when they are flooded Although there remain more than 10 million acres of overflow lands in Missouri Kentucky Tennessee Arkansas Mississippi and Louisiana most of the wintering waterfowl in this flyway concentrate in certain key areas IFlyway area Acres Ipacific north 102 600 IPacific south 143400 ICentral north 357700 ICentral south 2 856400 IMiSSiSSippi north 1 134 000 IMiSSiSSippi south II 11 945400 IAtlantic north II 1 200 IAtlantic south II 6 551 400 Type 2 Inland fresh meadows pI 2 The soil usually is without standing water during most of the growing season but is waterlogged within at least a few inches of its surface Vegetation includes http www npwfc usgs gov resource wetlandsuswetlan types htm 7 12 2007 NPWRC Wetlands of U S Page 4 of 12 grasses sedges rushes and various broad leaved plants In the North representative plants are carex rushes redtop reedgrasses mannagrasses prairie cordgrass and mints In Florida cordgrasses and various species of paspalums and beakrushes are common Meadows may fill shallow lake basins sloughs or farmland sags or these meadows may border shallow marshes on the landwardside Wild hay oftentimes is cut fromsuch areas Fresh meadows are used somewhat in the North by nesting waterfowl but in most of the country their value is mainly as supplemental feeding areas If shallow water can be impounded on them their value can be increased considerably IFlyway area Acres 1 Ipacific north 43 2001 IPacific south 289 5001ICentralnorth5788001 ICentral south 40 7001 IMiSSiSSippi north 2 383 3001 IMiSSiSSiPPi south 68 7001 IAtlantic north 30 7001 IAtlantic south 4 083 7001 Type 3 Inland shallow fresh marshes pI 3 The soil is usually waterlogged during the growing season often it is covered with as much as 6 inches or more of water Vegetation includes grasses bulrushes spikerushes and various other marsh plants such as cattails arrowheads pickerelweed and smartweeds Common representatives in the North are reed whitetop rice cutgrass carex and giant burreed In the Southeast maidencane sawgrass arrowhead and pickerelweed are characteristic These marshes may nearly fill shallow lake basins or sloughs or they may border deep marshes on the landwardside They are also common as seep areas on irrigated lands Marshes of this type are used extensively as nesting and feeding habitat in the pothole country of the North Central States and elsewhere In combination with deep freshmarshes Type 4 they constitute the principal production areas for waterfowl Florida and Georgia are the only States where the majority of the shallow fresh marshes are considered to be of lesser importance to waterfowl Florida alone contains more than 2 million acres of this type IFlyway area Acres 1 Ipacific north 33 7001 Ipacific south 64 1001 ICentral north 817 6001 ICentral south 84 6001 IMiSSiSSippi north 758 5001 IMiSSiSSippi south I 15 3001 IAtlantic north II 35 9001 IAtlantic south II 2 159 9001 Type 4 Inland deep fresh marshes piA The soil is covered with 6 inches to 3 feet or more of water during the growing season Vegetation includes cattails reeds bulrushes spikerushes and wildrice In open areas pondweeds naiadscoontail watermilfoils waterweeds duckweeds http www npwrc usgs gov resource wetlands uswetlan types htm 7 1212007 NPWRC Wetlands of U S Page 5 of 12 waterlilies or spatterdocks may occur Water hyacinth and waterprimroses form surface mats in some localities in the Southeast These deep marshes may almost completely fill shallow lake basins potholes limestone sinks and sloughs or they may bdrder open water in such depressions Deep fresh marshes constitute the best breeding habitat in the country and they are also important feeding places In the Western States they are heavily used by migrating birds especiallydiving ducks Florida and Texas are the only States in which the vast majority of these marshes are not rated as being of primary importance to waterfowl IFlywayarea Acres 1 Ipacific north 92 5001 IPacific south 62 5001 ICentral north 686 5001 ICentral south 46 8001 IMiSSiSSippi north 427 7001 IMiSSiSSippi south 21 5001 IAtlantic north 25 7001 IAtlantic south 984 1001 Type 5 Inland open fresh water pI 5 Shallow ponds and reservoirs are included in this type Water is usually less than 10 feet deep and is fringed by a border of emergent vegetation Vegetation mainly at water depths of less than 6 feet includes pondweeds naiads wildcelery coontail watermilfoils muskgrasses waterlilies spatterdocks and in the South water hyacinth In the pothole country of the North Central States Type 5 areas are used extensively as brood areas when in midsummer and late summer the less permanent marshes begin to dry out The borders of such areas are used for nesting throughout the Northern States Where vegetation is plentiful they are used in all sections of the country as feeding and resting areas by ducks geese and coots especially during the migration period IFlyway area Acres I Ipacific north 40 5001 IPacific south 51 9001 ICentral north 676 8001 ICentral south 87 1001 IMississippi north 1 000 2001 IMiSSiSSippi south 186 5001 IAtlantic north I 12 0001 IAtlantic south II 541 5001 Type 6Shrub swamps pI 6 The soil is usually waterlogged during the growing season and is often coveredwith as much as 6 inches of water Vegetation includes alders willows buttonbush dogwoods and swamp privet Shrub swamps occur mostly along sluggish streams and occasionally on flood plains They are used to a limited extent for nesting and feeding in the North and for roosting and feeding in some of the Mississippi Alluvial Valley States Elsewhere shrub swamps are little used except in a few special situations http www npwrc usgs gov resource wetlandsuswetlan types htm 7 122007 0 ta water SoiI Resources June 7 2007 RECEiVED JUN 1 3 2007 CITY OF CHANHASSEN Lori HaakWater Resources Coordinator City of Chanhassen P O Box 147 Chanhassen MN 55317 Gerald Von Korff Rinke Noonan P O Box 1497 St Cloud MN 55302 1497 In Re Order Remand of Wetland Conservation Act Appeal Jeff and Terri Fox City of Chanhassen Carver County File 07 15 Dear Ms Haak and Mr Von Korff Please find enclosed an Order that remands the WetlandConservation Act petition for appeal of Jeff and Terri Fox dated May 4 2007 to appeal the April 6 2007 Wetland Conservation Act exemption determination located in the NE l4 ofthe SW l4 of Section 23 T 116N R 23W City of Chanhassen Carver County Localadministrative remedies have not been exhaustedThe appeal will be held in abeyance pending completion ofthe administrative proceedings The proceedings must be completed within 60 days of the date of the Order unless the parties mutually agree to an extension of time Under remand the City of Chanhassen as the local government unit administering the Wetland Conservation Act must conduct apublic hearing on the wetland exemptionapplication The public hearing must be presided over by a panel of at least three members All persons should be given a full and fair opportunity to speak and submit information The information may consist of additional or new information that was not previously considered All documents that are submitted or relied upon should be identified on the record at the hearing The panel must develop an adequate record that considers a written Technical Evaluation Panel report The decision must include sufficient written findings offact that support the decision and address any disagreement if there is any with the Technical Evaluation Panel report The proceedings ofthe hearing or hearings where the wetland exemptionapplication is considered should be tape recorded such that a verbatim transcript could be made available or adequate minutes must Bemirfji Brainerd Duluth Fe3us Falls Marshall New Vim Rochester Saint Pwl 701 Minnesota Avenue 1601 Minnesota Drive 394 S Lake Avenue 1004 Frontier Trail 1400 E Lyon Street 261 Highway 15 S 2300 Silver Creek 520 Lafayette Road N Suite 234 Brainerd MN 56401Room 403 Fergus Falls MN 56537 Box 267 New VIm MN 56073 Road NE Saint Paul MN 55155 Bemidji MN 56601 phone 218 828 2383 Duluth MN 55802 phone 218736 5445 Marshall MN 56258 phone 507 359 6074 Rochester MN 55906 phone 651 296 3767 phone 218 755 4235 fax 218 828 6036 phone 218723 4752 fax 218736 7215 phone 507 537 6060 fax 507359 6018 phone 507 281 7797 fax 651 297 5615 fax 218755 4201 fax 218 7234794 fax 507 537 6368 fax 507 285 7144 Web www bwsr state mn us TTY 800627 3529 An equal opportunity employer @Printed on recycled paper Lori Haak Gerald Von Korff June 7 2007 Page 2 be taken The decision must be noticed in the same maimer as any wetland exemption determination An appeal of the decision can be made The current appeal is finalized upon the city s decision being made under remand and properly noticed It is my understanding no panel board or commission has been previously delegated the authority to decide on WetlandConservation Act matters such as this Thus the City Council would conduct the public hearing and make a final decision on the wetland exemptionapplication Please feel free to contact me at 651 297 2906 or at theSaint Pauladdress if I may be of further assistance in this matter Sincerely CfIVLJimHaertel Water Management Specialist Enclosure cc Greg Graczyk Carver SWCD DRC Members Tom Overton AG O Doug Norris DNR Eco Services BWSR John Jaschke Doug Thomas Dave Weirens Steve Woods Lynda Peterson Brad Wozney Minnesota Board of Water and Soil Resources 520 Lafayette Road North St Paul Minnesota 55155 In the Matter of the Wetland Conservation Act appeal filed by Gerald Von Korff for Jeff and Terri Fox of an exemption determination located in the SW of Section 23 T 116N R 23W Carver County ORDER REMANDING APPEAL Whereas a petition dated May 4 2007 was received on May 7 2007 from Gerald Von Korff Rinke Noonan on behalf of Jeff and Terri Fox to appeal a Wetland Conservation Act exemption determination made by the City of Chanhassen Water Resources Coordinator on April 6 2007 located in the NE of the SW of Section 23 T 116N R 23W City ofChanhassen Carver County and Whereas the City of Chanhassen is the local government unit administering the Wetland Conservation Act and Whereas a Wetland Conservation Act wetland exemption application was made by Jeff and Terri Fox on January 25 2007 and Whereas the Wetland Conservation Act exemption determination made on April 6 2007 by the City of Chanhassen Water Resources Coordinator was to deny the wetland exemption application and Whereas the Wetland Conservation Act Minn Stat SS 14 06 103B101 103B3355 103G2242 and Minnesota Rules Chapter 8420 0250 Subp 3 require a petition for appeal not be granted when the petitioner has not exhausted all local administrative remedies and allows a petition for appeal to be remanded to the local government unit when the petitioner has not exhausted all local administrative remedies such as a local government unit public h aring and Whereas effective on May 9 2007 after the April 6 2007 exemption determination and after the May 4 2007 petition for appeal the Wetland Conservation Act Minn Stat S 103G 2242 Subd 2a Cd was revised to require appeals of decisions made by designated local government staff to be made to the local government unit and Whereas the City of Chanhassen Wetland Conservation Act exemption determination made on April 6 2007 was made by a staffindividual and no public hearing was held prior to the decision on the wetland exemption application and Whereas to qualify for the wetland exemption applied for the application must contain sufficient evidence to support approval of the wetland exemption application Now Therefore the Board makes the following Order ORDER TheBoard hereby remands to the City of Chanhassen the Wetland Conservation Act petition for appeal of Gerald Von Korff Rinke Noonan on behalf of Jeff and Terri Fox to appeal a Wetland Conservation Act exemption determination made by the City of Chanhassen Water Resources Coordinator on April 6 2007 located in the NE 14 ofthe SW 14 of Section 23 T 116N R 23W City ofChanhassen Carver County to conduct a public hearing on the wetland exemption application to develop an adequate recordthat considers a written Technical Evaluation Panel Report and includes written findings of fact that support the decision and address any disagreement with the Technical Evaluation Panel Report to tape record the hearing such that a verbatim transcript can be made or adequate minutes taken and to notice the decision as requiredby the Wetland Conservation Act pursuant to Minn Stat 103G 2242 Subd 9 and Minn Rules Chapter 8420 0250 Subp 3 Under remand the deciSIon must be made within 60 days of the date of this order unless the parties mutually agree to an extension of time Under remand the appeal will be held in a1eyance Dated at Saint Paul Minnesota this day of June 2007 MINNESOTA BOARD OF WATER AND SOIL RESOURCES By 4 o John G aschke Exec tIve DIrector r IIfiCf Mi faWSoiI Resources JIlJV MEMORANDUM RECEIVED MAY 1 4 2007 CITY OF CHANHASSEN May 9 2007 TO DRC Randy Kramer Kay Cook Louise Smallidge Paul Brutlag Quentin Fairbanks Tom Overton A G O Doug Norris DNR Eco Services jtFRHaertel Water Jwagement Specialist PH 651 297 2906 In Re WCA Appeal of an Exemption Determination City ofChanhassen Carver County File 07 15 Please fmd enclosed acopy ofthe above referenced petition in which awetland exemption determinatIon is being appealed The appeal regards the denial of a wetland exemption Please contact me if you have any comments or questions Enclosure cc Lori Haak City of Chanhassen Greg Graczyk Carver SWCD Christie Eller A G O BWSR John Jaschke Doug Thomas Dave Weirens Steve Woods Brad Wozney Bemkii Brainerd Duluth Fergus Falls Marshall New Vim Rochester Saint Pmt 701 Minnesota Avenue 1601 Minnesota Drive 394 S Lake Avenue 1004 Frontier Trail 1400 E Lyon Street 261 Highway 15S 2300 Silver Creek 520 Lafayette Road N Suite 234 Brainerd MN 56401 Room 403 Fergus Falls MN 56537 Box 267 New Ulm MN 56073 Road N E Saint Paul MN 55155 Bemidji MN 56601 phone 218828 2383 Duluth MN 55802 phone 218736 5445 Marshall MN 56258 phone 507359 6074 Rochester MN 55906 phone 651 296 3767 phone 218 755 4235 fax 218 828 6036 phone 218723 4752 fax 218736 7215 phone 507537 6060 fax 507359 6018 phone 507 281 7797 fax 651 297 5615 fax 218 7554201 fax 218 7234794 fax 507537 6368 fax 507285 7144 Web www bwsr state mn us TTY 800627 3529 An equal opportunity employer @Printed on recycled paper STATE OF MINNESOTA BOARD OF WATER SOIL RESOURCES The Matter of the Appeal ofJeff and Terri Fox of the Determination ofthe Local Government Unit s Findings and Conclusions LGU City ofChanhassen APPEAL OF WETLAND CONSERVATION ACT DETERMINATION TO THE STATE OF MINNESOTA THROUGH ITS BOARD OF WATER SOIL RESOURCES AGENCY ADMINISTERING THE WETLAND CONSERVATION ACTION MINNESOTA STATUTES CHAPTER 103G RULES PART 8420 Jeff and Terri Fox for their appeal bfthe determination of the City ofChanhassen states and alleges the following 1 Jeff and Terri Fox appeal the determination of the City of Chanhassen under the Wetland Conservation Act as contained in the April 6 2007 Notice of Wetland Conservation Act Decision and TEP Findings of Fact by Lori Haak Water Resources Coordinator City of Chanhassen Exhibit 1 2 The City of Chanhassen is the Local Government Unit LGU implementing the Wetland Conservation Act in Carver County Minnesota 3 The decision is contrary to law arbitrary and capricious and unsupported by substantial evidence The decision maker applied the wrong standard of proof applying a standard that required conclusive proof 4 Jeff and Terri Fox are owners of real property located in the NE 14 ofthe SW 1 4 of Section 23 Township 116N Range 23W in Carver County MinnesotaPID 250230500 PMay 4 2007 C2007 0502 F DATA20453 OOIIPleadingFox Appeal toBWSRwpd dvf 1 t 5 On or about January 25 2007 Jeff and Terri Fox submitted an application for approval to fill so as to utilize type 1 wetlands for the purpose of agricultural production utilizing standard farming practices and machinery 6 The property for which Jeff and Terri Fox are seeking a Wetland Conservation Act exemption was at most a Type 1 Wetland entitled to an exemption declaration At the hearing appellant presented evidence from a competent expert Ben Meyer a Senior Environmental Consultant with Bonestroo Rosene Anderlik and Associates that the property in question was a former Type 1 exempt wetland The panel visited the site on March 22 2007 at a time that the ground was frozen A record snow approximately 30 inches had recently fallen and then melted in about eight days just prior to the review causing flood waters to pond on the frozen ground 7 The Panel erroneously failed to recognize that a storm pond in the area on neighboring property is man madeand not a type 2 and 3 wetland Further the Panel failed to take into account that the size of the wetland on the site is historically significantly smaller The area of wet ground has expanded because a drainage ditch had been driven over by farm machinery and collapsed blocking drainage and forcing surface water to redirect itself across a larger area to re enter the drainage ditch at a lower elevation as such incidental water has been included in the TEP Panel determination 8 The decision fails to set out findings of fact which support a rmding that there is a type 3 wetland The decision merely checks a box which provides insufficient explanation for administrative or judicial review It fails to demonstrate that the panelapplie the correct standards or law or that it took a hard look at the evidence in light ofthe applicable law It is PMay 4 2007 C2007 0423 F DATA20453 001IPleadingFox Appeal toBWSR wpd dvf 2 impossible from the hearing decision to determine whether the panelapplied the correct standards or what evidence the panel considered or whether the panel was reviewing evidence as of the appropriate time 9 As more fully explained in the Dorsey appeal a copy of which is ppended to this appeal Exhibit 2 the record in this case consists of a variety of documents maps and other submissions to the LGU and TEP as well as approximately one hour of testimony presented to the panel and done in conjunction with the Dorsey case It appears based upon the decision of the panel in the accompanying Dorsey case that in addition the panel was applying the wrong burden of proof and that it believed that an exemption can only be granted upon conclusive photographic evidence Dated May 4 2007 RINKE NOONAN By Gerald W Yon Korff 11 32 Attorneys for Jeff and Terri Fox 1015 W St Germain St Ste 300 P O Box 1497 St Cloud MN 56302 320 251 6700 PMay 4 2007 C2007 04 23 F DATA20453 00IIPleadinglFox Appeal to BWSRwpd dvf 3 RINKE NOONAN A T TOR N E Y S A T A W SUITE 300 US BANK PLAZA p O Box 1497 1015 W ST GERMAIN STREET ST CLOUD MINNESOTA 56302 1497 TELEPHONE 320 251 6700 FAX 320 656 3500 EMAIL MAIL@RNOON COM WWW RNOON COM REceIVED MAY 0 7 2007 CITY OF CHANHASSENMay42007 Mr Jim Haertel Minnesota Board of Water and Soil Resources 520 Lafayette Road North S1 Paul MN 55155 Re OUI File No 20453 001 o O O 41 0 Enclosed for filing along with the filing fee of 200 00 is Jeff and Terri Fox s appeal of the decision of the LocalGovernment Unit City of Chanhassen By this letter I am also verifying to you that on the same day we have mailed a copy of the Petition for Appeal to the LGU at the following address Dear Mr Haertel City of Chanhassen ATTN Lori HaakWater Resources Coordinator 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Thank you for your prompt attention to this matter Sincerely RINKENOONAN By Gerald W Yon Korff h Idvf Enclosures cc Jeff and Terri Fox w encl City ofCI1arrhassen w encl J PMay2007C2007 05 02 F oTr 20HJ OOI Lt1I rs BWSR appcallillllg Fo Vd dvf R1I IKE NOONAN S OLEY DETERCOLOMBO WIANT VON KOPF F HOBBS LTO 0 Michael Noonan William A Smoley Kurt A Deter1 Barrett LColombo James LWiant Gerald W Van Korff Sharon G Hobbs David J Meyers123 6 John J Meuers Roger C JustinJ John J Babcock Jill A Adkins Igor S Lenzner3 Gary R leistico John C Kolb Scott G Hamak Pamela A Steckman Stefanic L Brown Tanya T Hinkemeyer Ryan J Hatton Benjamin B BohnsackJ 1im A Sime7 James A Mogen Nicholas R Delaney Chad D Miller AdamA Ripple Brodie L Miller Sarah E Fisher 1 Qua d ed neulfal under Rule 114 2 A ReaProper1 La SpeclalSIcendled by thetv1mrwsora Srale SarAssoclat on 3 Admllwd to pracriclawIn Vllscansm 4 Adr7llffed 10 PraCI ce lawNarlllOakora 5 AdtllllUd 10 practice IiIW Il SOIlth Dakota 6 Sflerhurne COUTlty Ejltntflerat Tirles 7 Admlfled10 pracrlce law In ArizOflD t STATE OF MINNESOTA BOARD OF WATER SOIL RESOURCES The Matter of the Appeal of Jeff and Terri Fox of the Determination of the Local Government Unit s Findings and Conclusions LGU City of Chanhassen APPEAL OF WETLAND CONSERVATION ACT DETERMINATION TO THE STATE OF MINNESOTA THROUGH ITS BOARD OF WATER SOIL RESOURCES AGENCY ADMINISTERING THE WETLAND CONSERVATION ACTION MINNESOTA STATUTES CHAPTER 103G RULES PART 8420 Jeff and Terri Fox for their appeal of the determination of the City of Chanhassen states and alleges the following 1 Jeff and Terri Fox appeal the determination of the City of Chanhassen under the Wetland Conservation Act as contained in the April 6 2007 Notice of Wetland Conservation Act Decision and TEP Findings of Fact by Lori Haak Water Resources Coordinator City of Chanhassen Exhibit 1 2 The City of Chanhassen isthe Local Government Unit LGU implementing the Wetland Conservation Act in Carver County Minnesota 3 The decision is contrary to law arbitrary and capricious and unsupported by substantial evidence The decision maker applied the wrong standard of proof applying a standard that required conclusive proof 4 Jeff and Terri Fox are owners ofreal property located in the NE 14 of the SW 14 of Section 23 Township 116N Range 23W in Carver County Minnesota PID 250230500 PMay 4 2007 C2007 0502 F DATA20453 00IIPleadinglFox Appeal to BWSRwpd dvf t 5 On or about January 25 2007 Jeff and Terri Fox submitted an application for approval to fill soas to utilize type I wetlands for the purpose of agricultural production utilizing standard farming practices and machinery 6 The property for which Jeff and Terri Fox are seeking a Wetland Conservation Act exemption was at most a Type 1 Wetland entitled to an exemption declaration At the hearingappellant presented evidence from a competent expert Ben Meyer a Senior Environmental Consultant with Bonestroo Rosene Anderlik and Associates that the property in question was a former Type 1 exempt wetland The panel visited the site on March 22 2007 at a time that the ground was frozen A record snow approximately 30 inches had recently fallen and thenmelted in about eight days just prior to the review causing flood waters to pond on the frozen ground 7 The Panel erroneously failed to recognize that a storm pond in the area on neighboring property is man made and not a type 2 and 3 wetland Further the Panel failed to take into account that the size ofthe wetland on the site is historically significantly smaller The area ofwet ground has expanded because a drainage ditch had been driven over by farm machinery and collapsed blocking drainage and forcing surface water to redirect itself across a larger area to re enter the drainage ditch at a lower elevation as such incidental water has been included in the TEP Panel determination 8 The decision fails to set out findings of fact which support a finding that there is a type 3 wetland The decision merely checks a box which provides insufficient explanation for administrative or judicial review It fails to demonstrate that the panel applied the correct standards or law or that it took a hard look at the evidence in light of the applicable law It is PMay4 2007 C2007 0423 F DATA20453 00IIPleadingFox Appeal to BWSRwpd dvf 2 impossible from the hearing decision to determine whether the panel applied the correct standards or what evidence the panel considered or whether the panel was reviewing evidence as of the appropriate time 9 As more fully explained in the Dorsey appeal a copy ofwhich is appended to this appeal Exhibit 2 the record in this case consists of a variety of documents maps and other submissions to the LGU and TEP as well as approximately one hour of testimony presented to the panel and done in conjunction with the Dorsey case It appears based upon the decision of the panel in the accompanying Dorsey case that in addition the panel was applying the wrong burden of proof and that it believed that an exemption can only be granted upon conclusive photographic evidence Dated May 4 2007 RINKE NOONAN By Gerald WYon Korff 113 32 Attorneys for Jeff and Terri Fox 1015 WSt Germain St Ste 300 P O Box 1497 St Cloud MN 56302 320251 6700 PMay 4 2007 C2007 0423 F DAT A20453 00JIPleadinglFox Appeal to BWSR wpd dvf 3 Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision Name and Address of Local Government Unit City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Name of Applicant Jeff and Terri Fox Project Name Fox Wetland Exemption Application Number n a Type of Application check one lZl Exemption Decision D No Loss Decision D Replacement Plan Decision D Banking Plan Decision D Wetland Type Boundary Decision Date of Decision April 6 2007 Check One D Approved D Approved with conditions lZl Denied Summary of ProjectlDecision indicate exemption number per MN Rule 8420 0122 if applicable ID The applicant requested exemptions for a wetland on the property in the NE 14 of the SW 14 of Section 23 Township 116N Range 23W in Carver County Minnesota Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 62007the City of Chanhassen denies the exemption request List of Addressees Landowner Jeff and Terri Fox 5270 Howards Point Road Excelsior MN 55331 Members of TechnicalEvaluation Panel Greg Graczyk Carver SWCD Brad Wozney BWSR Watershed District or Watershed Management Organization If Applicable Bob Obermeyer RPBCWD Department of Natural Resources Regional Office select ap ro riate office NW Region NE Region Central Region Southern Region Regional Director Reg Env Assess Eco Reg Env Assess Eco Reg Env Assess Eco 2115 Birchmont Beach Rd NE Div EcoServices Div EcoServices Div EcoServices Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South Grand Rapids MN 55744 St Paul MN 55106 New Ulm MN 56073 1 j7ii EXHIBIT Page 1 of2 DNR Representative Kate Drewry Area Hydrologist Corp of Engineers Project Manager Joe YantaACOE Department of the Army Corps of Engineers St Paul District ATTN CO R 190 Fifth Street East St Paul MN 55101 1638 Individual members of the public who requested a copy summary only Ben Meyer Bonestroo Rick Dorsey You are hereby notified that the decision of the Local Government Unit on the above referenced application was made on the date stated above A copy of the Local Government Unit s Findings and Conclusions is attached Pursuant to Minn R 8420 0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice THIS DECISION ONLY APPLIES TOthe MinnesotaWetland Conservation Act Additional approvals or permits from local state andfederal agencies may be required Check with all appropriate authorities before commencing work in or near wetlands April 6 2007 Date Lori Haak Water Resources Coordinator Name and Title Attachments 1 TechnicalEvaluation Panel Findings of Fact dated April 6 2007 Page 2 of2 T fIl J iiIoJ J l I W I d c II j ii Act I l I 0 5 1 I i Minnesota etan onserva on f 7 4 l f I lloli I 1 t 1 1 I i f iT chni JJ luatiC Jl flIJ FJIlQirags Qf Fac ii 1 rtrr Ju l i I 1 1 1 Dalc A l1ril 6 2007 I Ci1l City of Ch lIlhasscn C lllllty Carver IGU Cllnlaet Ltlri l lilak WaterResuun cs Coordin llm Ir jocl Nilnll iI Fo Wc tlilnd E ClllPIllli Phonc 1 952 227 U5 LOL llillllflrojc l NE SW 11 II N 2JW I I I Sce I p R mgc Lol B 1000 k Cily Chanhasscn Coullty em vel TEl vlembcrs and olhersl 11 revicedproject Cited if vie c I mker 1 8l LGU Lori laak 8l BWSR llrad Woznev 8l SWCD CircGraczvk 0 DNR lifal l licablcl Other Wellund Experls prescnt Nlllc TEl requcsted by IGU Type If TEl dClClminalionlcqucsted d k 1 11I1 UlI I II li Excmplion We EKcmplion ilJJ2 Nll Lo s WClland B undary md Type Replacemenl Plan 2 lc sc iplhlll r WCllalllCsJ lI ilh pn pClsed impacl 1 Velland Iypc Circular l fpc l Wilh TI pc 2 Irinc CllWlIIllilll b Weiland Sif c acres 1 Sizc o Proposed ImpacI acrcs and sqwlle feet 11llcrcs 5 62S sl la c sequcnl illg reLluilelTlCIllS becn Illct Alth Sequcncing Finding III I ael as supporting infoflnalion DYes D No ir no lisl why nla Is the pilljC 1 L llnsislcnl II ilh lhe inlenl III the wmprcbensivloe1Iwatcplan and or Ihe w tershed dislrkt plan Ih me1rClplllilan surl ce alcr lllanagcl1lclll plan allllmctrllplllilan glllundwtllCr mtlllagellll nl plan and IIllal omprchcnsivl plan and wning ordinance DYcs D No jlnolislllhyl n a 5I lll illlhe prlljlclnlTeL Illl 1 lIolling wetuu l uncti1I1s hll1ctions InlJacl Flollllwiller Slmagc Nutrienl ts imihliol Sedimcnl Ellllilpmenl Groundwaler RCl hargc L ow Flow Augmentation Acsthcl iCs Rccrl a lion Shorcland J nchoring Wildlilc Habilal l isberies Habilal Rare Plill1t1Animlll HlIbilat COlllmcrcial Uses na No Imparl mnnwe 6 F IIICplilccl1lenl pi all or no loss delcnninalions ale weiland runclillns maintained at an equal or greater l vel DYes D No if nu Iislwhy n a 7 DlllS Icchnical Evalualionl anel reco1l11111ndapprovill 01 Ihe activitpruposed in ilelll I DYes 0 Yes wilh Condilions g No i nn Iisl why I I Illl why Basin is not a lypc 2 III type 6 weiland thai is less llliln IO acres in size and localed Oil agril ulluralland Lisl lEI findings I suppon Iccnollncnd liUIl in qucslinl 7 hove see illachcu 9 L z 0 7 Dal Oale P1 l I nf I Fux TEl Filld llg of p u lllui l ril 203 0 STATE OF MINNESOTA BOARD OF WATER SOIL RESOURCES The Matter of the Appeal of Dorsey Dorsey c o Rick Dorsey of the Determination ofthe Local Government Unit s Findings and Conclusions LGU City of Chanhassen APPEAL OF WETLAND CONSERVATION ACT DETERMINATION TO THE STATE OF MINNESOTA THROUGH ITS BOARD OF WATER SOIL RESOURCES AGENCY ADMINISTERING THE WETLANDCONSERVATION ACTIONMINNESOTA STATUTES CHAPTER 103G RULES PART 8420 Rick Dorsey for his appeal of the determination of the City of Chanhassen states and alleges the following 1 Rick Dorsey appeals the determination of the City of Chanhassen under the Wetland Conservation Act as contained in the April 6 2007letter and Notice ofWetIand Conservation Act Decision and TEP Findings of Fact by Lori Haak Water Resources Coordinator City of Chanhassen Exhibit 1 2 The City of Chanhassen is the Local Government Unit LGU implementing the Wetland Conservation Act in Carver County Mhmesota 3 Dorsey s exemption request was heard concurrently with an exemption request by adjoining landowner FoxThe two cases have issues in common 4 The decision is contrary to law arbitrary and capricious and unsuppOlied by substantial evidence The decisionmaker applied the wrong standard ofproof applying a standard that required conclusive proof Phlay 4 2007 C2004 J0 08 F DAT A20453 OOIPleading Dorsey FINAL Appeal 10 BWSRwpdjck EXHIBIT i 5 Rick Dorsey is a Oeneral Partner of Dorsey and Dorsey who is the owner of real property located in the NW 1 4 of SW 1 4 of Section 23 Township 116 Range 23 Carver County Mimlesota Street Address 1551 Lyman Blvd PID 250230400 6 On or about February 5 2007 Rick Dorsey submitted an application for approval of awetland project Dorsey applied for an exemption determination for four areas designated as Sites 1 4 respectively The purpose of the exemption request was to obtain declaratory determination establishing that the sites were exempt in 1991 and that they remain exempt The evidence was presented at a meeting lasting approximately one hour The evidence showed that the sites were already exempt were former wetlands all of which have been drained excavated and or filled as of passage ofWCA 7 The decision regarding the two areas designated as Site 2 and Site 4 are impacted by the same legal enor The evidence established that prior to 1987 site2 and 4 met the criteria for WCA exemption 1A Specifically the land was used for row crops Minn Stat 1030 2241 subdivision lA part 1 Further based on available evidence it was determined that during the time period of 1981 1986 the subject areas showed no sign of a wetland or were of I With respect to site2 the drainage drain tile and fill activity occurred prior to 1991 The evidence shows it was annually seeded with crops for the required number of years between the time period 1981 1991 The LOU agrees to the exemption The exemption occurred at the time of enactment of the WCA and not at the time of the formal application MN Rule 8420 0210 paragraph 2 An exemption may apply whether or not the local government unit has made an exemption determination As such an exemption for the work already done in the wetland was effectively grandfathered in with the WCA when it became effective in 1992 Because it was exempt under Subp lA for work already done a certificate of exemption was not needed or requested Again in that a certificate was not requested does not mean an exemption did not apply PMay 4 2007 C2007 0423 F IDATA 20453 0011PIeadinglDorsey FINAL Appeal to BIVSR wpd dvf 2 type 1 or 2 and iftype 2 were less than 2 acres Having found that the sites were exempt at that timehowever the LGU incorrectly imposed a ten year deed restriction dating from the time of the exemption determination rather than from the date of the date of the existence of the exemption itself The decision wrongly assumes that the purpose of an exemption determination is to authorize a particular activity as of the date of the exemption request From this error the exemption decision determines that the panel should place an agricultural restriction effective after the date ofthe exemption determination As a result of this error the decision wrongly concludes that the applicant must restrict his usage of the property for at least ten years after the date of the decision Exemptions are self executing and the date of the exemption determination is irrelevant for purposes of applying the exemption 8 With respect to Site 3 the evidence showed that a wetland of some kind may have existed on this site prior to 1981 During that time the area was fenced andused as pasture for dairy cows The County then in 1981 widened Lyman Boulevard and lawfully used this area for clean fill arising from the road construction The road project created a new clean swale along the 20 foot high road embankment In 1981 1982 the site was reseeded andused as pasture In 1983 after the balance oflowland was filled with soil hauled in from another City project the south portion of the former wetland was planted in soybeans and the north half reseeded in pasture grass hay which was mechanically harvested and sold through 1988 Thus at the time WCA was passed there was no wetland and the land would have been exempt as ofthe date that WCA became effective The TEP Panel wrongly focused on an artificial wet area which developed along the road ditch The decision thatSite 3 is not exempt is arbitrary PMay4 2007 C2007 0423 F IDATA20453 00IiPleadinglDarsey FINAL Appealta BIISKwpd dvf 3 and capricious unlawful and contrary to the evidence Further as discussed below the TEP Panel and LOU applied the wrong standard in evaluating the evidence 9 With respect to Site 1 the TEP Panel used an on site visit March 22 2007 to determine the size and type of wetland area to be impacted as the basis for its decision to deny the exemption request This review was irrelevant as it did not review the status of size and type prior to 1991 10 In the relevant time period for exemption determination there was no wetland on site 1 Within the application as well as at the predetermination meeting with the TEP Panel Dorsey and Ben Meyer a Senior Enviromnental Consultant with Bonestroo Rosene Anderlik and Associates representing Dorsey provided detailed information regarding the issue of wetland size between 1981 and 1989 They showed that the former wetland had been drained and tiled for over thi1ty years by the time the WCA was enacted In an aerial photo from 1963 supplied to the TEP Panel in the application onecan see the Y shape shadow line on the land including the site area 1 1 Minn Stat s1030 2241 subd 1 a 1 and Minn Rules Part84200122 subp l a state that a replacement plan for wetlands is not required for activities in a wetland that were amlUally seeded with crops or were in crop rotation seeding of pasture grass or legumes in 6 of the most recent 10 years prior to January I 1991 Because these lands met that requirement as of January 1 1991 the panel wrongly looked at the condition of the land as of a later date 12 The site was excavated and wetland soil types were removed in 1989 with approval from the City of Chanhassen for reasons described indetainin the application The excavation was done to make a man made surface water management pond The plan approved PMav 4 2007 C2007 0423 F DATA20453 00IIPJeadingDarsey FINAL Appealla BWSR l dd f 4 by the City and of public record included a survey and topographical map the application included a copy of said documents which surveyed the fonner wetland area in site 1 At that time the high water ponding area from the incidental pond starting to form as a result of a blocked ditch discussed in the application Scaling it out the size is less than 07 acres in total Under exemption lA the determination is based on pre existing land use to the WCA enactment not current time use Forthis reason the size and type of wetland are to be based on what was there pre 1991 using historical data The Owner provided the TEP Panel with a survey and topographical map submitted to the City of Chanhassen in 1989 and accepted in the public record as part of an excavation permit for the site It shows the size of the historic wetland on site 1 had been between 06 and 07 acres The hydric soils in the approximately 07 acre site which were already drain tiled but blocked were excavated in 1989 with the hydric soils removed from the site and the depression left as a man made surface water management pond for reasons described in detail in the application A stormwater management pond was created after the wetland soil types were removed from the site 13 Site 1 has been drain tiled and farmed for more than 23 years prior to 1986 As a former wetland through and including 1986 it would not be type able because it was not a wetland In 1987 1988 when water started to puddle into the growing season it was incidental to ditch blockage on neighboring property Any wet ground on the site today is not a natural wetland it is a man made storm pond that is now overflowing without an emergency overflow The increase in the storm pond size since 1989 is due to surface water drainage blocked on neighboring property and seepage of the storm pond saturating a buffer area Neither of which was intended to create wetlands when the pond was created PM 4 2007 C2007 0423 FDAT A20453 00 IIPleadinglDorsey FINAL Appeal to BWSR l d dvf 5 14 Even ifthere had been a wetland at the relevant time period it still would have been in error to deny the exemption because the land was devoted to exempt agricultural uses Evidently the panel misconstrued the meaning of the terms crop pasture grass and legumes and misconstrued the meaning of the subdivision 1 a l exemption 15 Hayland is defined as an area that was mechanically harvested or that was planted with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the last ten years Minn Stat sl03G 005 subd 10 c Minn Rules Part 84200110 subp 20 16 Agricultural land is defined as land used for horticultural row close grown pasture and hayland crops Milm Stat sl03G 005 subd 2 a Minn Rules Part 8420 0110 subp 4 17 The statute rules and SONAR support a plain reading of the exemption requested by Dorsey 18 A crop is any plant that is grown in significant quantities to be harvested as food livestock fodder or for anotller economic purpose Pasture is land with herbaceous vegetation cover used for grazing of livestock as part of a farm or ranch The key difference between pasture and crop is that a crop is harvested for use away from the specific location that it is grown whereas with pasture an animal grazes and consumes the plant as it is growing A legume is a plant in the family Fabaceae or Leguminosae or a fruit of these plants Wellknown legumes include alfalfaclover peas beans lentils lupins and peanuts 19 The record in this case consists of a variety of documents maps and other submissions to the LGU and TEP as well as approximately one hour of testimony presented to the panel It appears based upon the decision of the panel that this testimony was not considered PM 4 2007 C2007 0423 F DATA2045J 00JIPJe dinglDorsey FJNAL Appeal 10 BWSRwpd d 6 1 fl as a result of the panel s erroneous belief that an exemption can only be granted upon conclusive photographic evidence Wherefore appellant requests that the decision of the panel requiring a ten year deed restriction from date of decision be reversed and that the decision of the panel denying exemptions to two parcels be reversed Dated May L 2007 RINKE NOONAN kBy rfu7GeraldWYonKorff113232 Attorneys for Rick Dorsey 1015 W 81 Germain 81 8te 300 P O Box 1497 81 Cloud MN 56302 320 251 6700 PMa42007 C2007 04 23 F IDAT A 20453100I IPleadinglDorseFINALAppeal 10 BWSR wpd dvf 7 CITY OF CHANHASSEN 7700 MarketBoulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 PublicWorks 1591 Park Road Phone 952227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site VNrW ci chanhassen mn us April 6 2007 Jeff and Terri Fox 5270Howards Point Road Excelsior MN 55331 Re Wetland Exemption Application Dear Jeff and Terri Enclosed please find the City s decision as LGU for the Minnesota Wetland Conservation Act regarding your recent wetland exemption application If you have any questions or need additional information please contact me at 952227 1135 or lhaak@ci chanhassen mn us Sincerely CITY OF CHANIIASSEN p d o D ZLonHaak Water Resources Coordinator r f f i i Enclosures cc Ben Meyer Bonestroo Greg Graczyk Carv rSW CD Brad Woiney BWSR c g eng lori wetlands exemptions fox cover letter d if 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 Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision Nameand Address of Local Government Unit City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Name of Applicant Jeff and Terri Fox Project NameFox Wetland Exemption Application Number n a Type of Application check one g Exemption Decision D No Loss Decision D Replacement Plan Decision D Banking Plan Decision o Wetland TypeBoundary Decision Date of Decision April 6 2007 Check One D Approved o Approved with conditions g Denied Summary of ProjectDecision indicate exemption number per MN Rule 8420 0122 if applicable ID The applicant requested exemptions for a wetland on the property in the NE 14 of the SW 14 of Section 23 Township 116N Range 23W in Carver County Minnesota Based on the fmdings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of Chanhassen denies the exemption request List of Addressees Landowner Jeff and Terri Fox 5270Howards Point Road Excelsior MN 55331 Members of Technical Evaluation Panel Greg Graczyk Carver SWCD Brad Wozney BWSR Watershed District or Watershed Management Organization If Applicable Bob Obermeyer RPBCWD Department of Natural Resources Regional Office select a ro riate office NW Region NE Region Central Region Southern Region Regional Director Reg Env Assess EcoI Reg Env Assess EcoI Reg Env Assess EcoI 2115 Birchmont Beach Rd NE Div Ecol Services DivEcoI Services Div EcoI Services Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South Grand Rapids MN 55744 St Paul MN 55106 New Ulm MN 56073 Page 1 of2 DNR Representative Kate Drewry Area Hydrologist Corp of Engineers ProjectManager Joe Yanta ACOE Department of the Army Corps of Engineers St Paul District ATTN CO R 190 Fifth Street East St Paul MN 55101 1638 Individual members of the public who requested a copy summary only Ben Meyer Bonestroo Rick Dorsey You are hereby notified that the decision of the Local Government Unit on the above referenced application was made on the date stated above A copy of the Local Government Unit s Findings and Conclusions is attached Pursuant to Minn R 84200250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice THIS DECISION ONLY APPLIESTO the Minnesota Wetland Conservation Act Additional approvals or pennitsfrom local state andfederal agencies may be required Check with all appropriate authorities before commencing work in or near wetlands April 6 2007 Date Lori HaakWater Resources Coordinator Name and Title Attachments 1 Technical Evaluation Panel Findings of Fact dated April 6 2007 Page 2 of2 Minnesota Wetland Conservation Act Technical Evaluation Panel Findings of Fact Date ApriI6 2007 LGU City ofChanhassen County Carver LGU Contact Lori Haak Water Resources Coordinator Project Name FoxWetland Exemption Phone 952227 1135 Location of Project SW 23 116N Sec Twp City Chanhassen County Carver TEP Membersand others who reviewed project Check if viewed project site g LGU Lori Haak g BWSR Brad Woznev g SWCD Greg Graczyk D DNR ifapplicable Other Wetland Experts present None TEP requested by LGU 23W Range LotBlock 1 Type of TEP determination requested check those that apply Exemption WCA Exemption ID No Loss Wetland Boundary and Type Replacement Plan 2 Description ofWetland s with proposed impact a Wetland Type Circular 39 Type 3 with Tvpe 2 fringe Cowardin b Wetland Size 33 acres c Size of Proposed Impact acres and square feet 1 3 acres 56 628 sf 3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information DYes D No if no list why nla 4 Is the project consistent with the intent of the comprehensive local water plan andor the watershed district plan the metropolitan surface water management plan and metropolitan groundwater management plan and local comprehensive plan and zoning ordinance DYes 0 No if no list why nla 5 How will the project affect the following wetland functions nla Functions Floodwater Storage Nutrient Assimilation Sediment Entrapment Groundwater Recharge Low Flow Augmentation AestheticsRecreation Shoreland Anchoring Wildlife Habitat Fisheries Habitat Rare PlantAnimal Habitat Commercial Uses Impact No Impact Improve 6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level DYes 0 No if no list why nla 7 Does Technical Evaluation Panel recommend approval of the activity proposed in item 1 DYes 0 Yes with Conditions g No if no list why If no why Basin isnot a type 2 or type 6 wetland that is less than two acres in size and located on agricultural land 8 List TEP findings to support recommendation in question 7 above see attached 9 SIGNATURES ifTEP recommendation is not a consensus note with an asterisk and explain on the back ofthis page Page 14 ill O W feP 0 Mtvre Di 0 J tb I ou 0fJlA LGU Representa ve Date Lf 07 Date ate late Fox TEP Findings of Fact doc Fox Wetland Exemption TEP Findings of Fact April 6 2007 Attachment 8 List TEP findings to support recommendation in question 7 above TEP members from the LGU and the Carver SWCD conducted an on site review on March 22 2007 The wetland is a Type 3 wetland with a Type 2 fringe that is more than 2 acres in size The entire wetland basin is approximately 33 acres in size 4 Minnesota Wetland Conservation Act Certificate of Mailing of Notice of Wetland Conservation Act Decision Name and address of local government unit City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 The undersigned certifies on April 6 2007 Lori Haak heshe mailed copies of the attached Notice of Wetland Conservation Act Decision to the addressees listed thereon by depositing the same in the United States Mail in the City of Chanhassen County of Carver and State of Minnesota properly enveloped with prepaid first class postage CftvSIgnature April 6 2007 Date Water Resources Coordinator Title Page 1 of 1 Fox Cert Mail Notice Decision doc April 2003 Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision Name and Address of Local Government Unit City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Name of Applicant Jeff and Terri Fox Project NameFox Wetland Exemption Application Number nfa Type of Application check one 8 Exemption Decision o No Loss Decision o Replacement Plan Decision D Banking Plan Decision D Wetland TypeBoundary Decision Date of Decision April 6 2007 CheckOne D Approved o Approved with conditions 8 Denied Summary of ProjectJDecision indicate exemption number per MN Rule 84200122 if applicable ID The applicant requested exemptions for a wetland on the property in the NE of the SW of Section 23 Township 116N Range 23W in Carver County Minnesota Based on the findings of theTechnical Evaluation Panel Attachment 1 dated April 6 2007 the City of Chanhassen denies the exemption request List of Addressees Landowner Jeff and Terri Fox 5270Howards Point Road Excelsior MN 55331 Members of Technical Evaluation Panel Greg Graczyk Carver SWCD Brad Wozney BWSR Watershed District or Watershed Management Organization If Applicable Bob Obermeyer RPBCWD Department of Natural Resources Regional Office select a ro riate office NW Region NE Region Central Region Southern Region Regional Director Reg Eny Assess EcoL Reg Eny Assess EcoL Reg Eny Assess Ecol 2115 Birchmont Beach Rd NE Diy EcoL Services Diy Ecol Services Diy EcoL Services Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South Grand Rapids MN 55744 St Paul MN 55106 New DIm MN 56073 Page 1 of2 DNR Representative Kate Drewry Area Hydrologist Corp of Engineers Project Manager Joe Yanta ACOE Department of the Army Corps of Engineers St Paul District ATIN CO R 190 Fifth Street East St Paul MN 55101 1638 Individual members of the public who requested a copy summary only Ben Meyer Bonestroo Rick Dorsey You are hereby notified that the decision of the Local Government Unit on the above referenced application was made on the date statedabove A copy of the Local Government Unit s Findings and Conclusions is attached Pursuant to Minn R 8420 0250 anyappeal ofthe decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice THIS DECISION ONLY APPLIESTO the Minnesota Wetland Conservation Act Additional approvals or permits from local state andfederal agencies may be required Check with all appropriate authorities before commencing work in or near wetlands 4tfpSlature April 6 2007 Date Lori HaakWater Resources Coordinator Name and Title Attachments 1 Technical Evaluation Panel Findings of Fact dated April 6 2007 Page 2 of2 t Minnesota Wetland Conservation Act Technical Evaluation Panel Findings of Fact Date April 6 2007 LOU City of Chanhassen County Carver LGU Contact Lori Haak Water Resources Coordinator Project Namel Fox Wetland Exemption Phone 952227 1135 Location of Project NE SW 23 116N IfJ IfJIfJ Sec Twp City Chanhassen County Carver TEP Membersand others who reviewed project Check if viewed project site 8 LGU Lori Haak8 BWSR Brad Woznev 8 SWCD Greg Graczyk D DNR ifapplicable Other Wetland Experts present None TEPrequested by LOU 23W Range Lot Block 1 Type ofTEP determination requested check those that apply Exemption WCA Exemption 10 No Loss Wetland Boundary and Type Replacement Plan 2 Description ofWetland s with proposed impact a Wetland Type Circular 39 Tvoe 3 with Tvpe 2 fringe Cowardin b Wetland Size 33 acres c Size of Proposed Impact acres and square feet 1 3 acres 56 628 sf 3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information DYes D No if no list why nla 4 Is the project consistent with the intent of the comprehensive local water plan andor the watershed district plan the metropolitan surface water management plan and metropolitan groundwater management plan and local comprehensive plan and zoning ordinance Dyes D No if no list why nla 5 How will the project affect the following wetland functions nla Functions Impact No Impact Floodwater Storage Nutrient Assimilation Sediment Entrapment Groundwater Recharge Low Flow Augmentation AestheticslRecreation Shoreland Anchoring Wildlife Habitat Fisheries Habitat Rare PlantAnimal Habitat Commercial Uses Improve 6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level DYes D No if no list why nla 7 Does Technical Evaluation Panel recommend approval of the activity proposed in item I DYes D Yes with Conditions 8 No if no list why If no why Basin is not Ita type 2 or type 6 wetland that is less than two acres in size and located on agricultural land It 8 List TEP findings to support recommendation in question 7 above see attached 9 SIGNATURES ifTEP recommendation is not a consensus note with an asterisk and explain on the back ofthis page Fox TEP Findings of Fact doc Page qi i B100ter feP 0 C Mtvre Dl 0 J G1 oUJ 0tlA swen Rpre epresentJi ve Date q t07 Date ate late Fox Wetland Exemption TEP Findings of Fact April 6 2007 Attachment 8 List TEP findings to support recommendation in question 7 above TEP members from the LGU and the Carver SWCD conducted an on site review on March 22 2007 The wetland is a Type 3 wetland with a Type 2 fringe that is more than 2 acres in size The entire wetland basin is approximately 33 acres in size CITY OF CHANHASSEN 7700 Market Boulevard PO Box147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952227 1190 Engineering Phone 952227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 1130 Fax 952227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site WWN ci chanhassen mn us April 5 2007 Jeff and Terri Fox 5270Howards Point Road Excelsior MN 55331 Re Wetland Exemption Application Dear Jeff and Terri This letter is to notify you that the City will be unable to complete the review of your exemption request within the 60 day review period that ends April 21 2007 Therefore I am notifying you that the City is extending its review period for up to an additiona160 days through June 20 2007 If you have any questions or need additional 952227 1135 or Ihaak@ci chanhassen mn us please contact me at Sincerely CITY OF Lori Haak Water The City of Chanhassen A growing community with cleanlakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to livework and play BonestroofIRosene IlI Anderlik 11 Associates Engineers Architects 2335West Highway 36 St Paul MN 55113 Office 651 636 4600 Fax651 636 1311 www bonestroo com February 20 2007 Ci ofChanhassen Attn Lori Haak 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Re Fox WCA Ag ExemptionApplication Ms Haak Enclosed is the WCA AgriculturalExemption per requirements of City Code We feel the project meets the requirements of MN Rule 84200122 Subp 1 D Wehave attached a figure with a wetland determination to illustrate the area of exemption Please feel free to contact me at 651 604 4767 or bmeyer@bonestroo com if you have any questionsregarding this application Sincerely Bonestroo Rosene Anderlik Assoc Benjamin L Meyer CertifiedWetland Delineator Sr Wetland Scientist C Jeff Fox 5270 Howards Pt Rd Excelsior MN 55331 CITY OF CHANHASSEN RECEIVED FEB 2 0 2007 CHANHASSEN PlANNING DEPT St Paul St Cloud Rochester MN Milwaukee WI Chicago IL Affirmative Action Equal Opportunity Employer and Employee Owned J Jj D L J NA26620 B Minnesota Local State FederalA V 2 02 lor YlS VORD 09 01104 lication Form for WaterlWetland Pro ects A lication No Field Office Code For Internal Use Only Date Initial plication Received Date initial A PART I BASIC APPLICATION See HELP directs you to important additional information and assistance in Instructions PaKe 1 I LANDOWNER APPLICANT CONTACT INFORMATION SeeHelp f Name Jeff and Terri Fax Phone 952474 7118 Completemailingaddress 5270HowardsPlRd Excelsior MN 55331 IA AUTHORIZED AGENT See Help fA Only ifapplicable all agent is notrequired Name Ben MeY13r Bonestrao Assoc Phone 651 6044767 Complete mailing address 2335W Hwy36 Sl Paul MN 55113 2 lAME TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACfED Attach Addilional ProjecT Area sheets ifnecdcd Name or 10 of Waters Impacted if applicable if known Check all that apply OLake DRiver I2Wctland typc 12 1 D J L 02 0 3 04 D 5 D 6 0 7 D 8 Indicate siLe of entire lake or wetland check one Less than 10 acres indicate size 3 40 0 10 to 40 acres 0 Greatcr than 40 acres 3 PROJELOCATION nformation can befol nd on properly lax slatemenl property title or title insumnce Project street addr ess PID 250230500 Fire City if applicable Chanhassen I Section SW Section 23 Township 116 Range 23 County Carver Lot Block Subdivision Watershed name 01 33 Attach a simple site locator map Ifneeded include on the map written directions to the site from a known location or landmark and provide distances Torn known locations Label the sheet I TE I A TOR IVA p A11ACHED 4 TYPE OF PROJECf Describe the type of proposed work Attach TYPE OF PROJECT shcet if needed MnRule 84200115 and 84200122 Subpart 1 D AgriculturalExemption 5 PROJECT PfjRPOSE DESCRIPTION AND DIMENSIONS Describe what you p an to do and why it is needed how you plan to construct the project with dimensions length width depth area of impact and when you propose to construct the project This is the most important part of your application See HELP 5 before completing this section see What To Include on Plansfnstructions page I Attach PROJECT DECRlf TION sheet Utilizing Type 1 wetlands for the purpose of agricultural production utilizing standarj farming practices and machinery Footprint of project 1 3 acres or square feet drained filled or excavated 6 PROJECT AL TERNATIVES What alternatives to this proposedproject have you considered that would avoid or minimize impacts to wetlands or wat rs List at least TWO additional alternatives 10 your project in Section 5 that avoid wetlands one of which may be no build or do nothing and explain why you chose to pursue the option described in this application over these alternatives Attach PROJECT ALTERNATIVES sheet if needed NlA 7 ADJOINING PROPERTY OWNERS for projects that impact more than 10 000 square feet of water or icl1ands lisllhe compJelc mailing addresses fadjacent property owners 011 an attached separate shcet See HELP 7 8 PORTION OFWORK COMPLETED Is any portion of the work in wetland or water areas already completed 0 Yes No If yes describe thc complcted work on a separate sheet of paper labeled WORK ALREADY COMPLETED See HELP 8 9 STATUS OF OTHER APPROVALS List any other permits reviews or approvals related to this proposed project that arc either pending or have already been approved or denied on a separate attached sheet See HELP 9 10 I am applying for stateandlocal authorization to conduct the work described in this application I am familiar with the information contained in this application To the best of my knowledge and belief all infoTlnation in Part I is true complete and accllmtc I possess the authority to undertake the work described or am acting as the duly authorized agent of the applicant 7 Date C dp 2 12 5 06 Sigflllure ofagenl if applicable Dale This block must be si ned by the person who desires to undertake the proposed activity andhas the nec ssary propel1y rig ts to dn n If nnly the Agent ha signetL please attach a separate sbeet signed by the landowner giving necessary authorization to the Agent Ylinnesota LocalStateFedtTal Application Forms fur Water Wetland Projects Page I APPLlCA TIOFOR DEPARTMENT OJ THE ARMY PERMIT 33 CFR32S OMS AFFROV AL NO 0710003 Expires Dee 31 2004 The public burden forIhis colleclion of infonnation is eSlimated 10 average JO bonrs per response allhough the majority of applicalions should require 5 honrs or less This includes the dme forrevi wing instructions searcbing existing data sources gathering and maintaining the dataneeded and completmg and reviewing the collection ofinfomlation Scnd comments regarding hi burden eslimate or ny uther aspect ufthi ullet1ion ufinfonnatioll inc1uding iUggt s i lI fbr ducing thisburden lU Department of De fenst WashillJ1011 Headquarters Serice Directorate Qflnfon11ation Operations and RcpOlts 1215 J fferson Dads Highway Suite 1204 Adington VA 122014302 and o ll e OOicc ofManagctucnt and Budget Paper ork Reductiml Project 0710O003 Vashington DC 20503 Respondents should be aware that notwithstanding any other PW isiull of 1 1 no JXr on shall he subject to anypenalty thr failing 0 c01l1ply with a collection ofinfonlla ion ifil does nOt display a cllTrcntty valid OI IBcontrol OUlllber Please DO o r RI n I our form to either of these addresse Completed applications must be oiuhmiucd to the District engineer hafngjllrisdicrioll o r he loca ion ofrht proposed ilC1iviIY PRIVACY ACT STATEMENT Authoritie Ri m and Harbors Act Section 1033 lISe403 Clean Water Ael Section 404 33 use 1144 Marinc Protection Rcsareh and SanctuariesACI 33 L SC 1413 Seclion 103 Principal purpose Inlbm tion pronded on this rorm will be used in evaluating the application for a pcmlit Routine uses This infOlnlation may be shaed with the Depanl1len of Justiceand other Federal Slate and local goernnlenl agencies S Ibmission ofrequested infonllation is voluntali howev r if infonnatlon is not provijcd the penmt 8Plllication cannot be evaluated nor can a permit be issued ITEMS 1 THROUGH 4 TOBE FILLED IN BY THE CORPS I API L1CATIO 10 2 FIELD OITICT CODE DATE RECEIVED 4 DATE APPIIC T10 COMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 610 and 12 25 in the SHADED AREAS All applicants must complete non shaded items 5 and 26 If an agent is used also complete items 8 and 11 This optional FedemJ form isvalid for use only when included as part of this entire state application packet 5 APPLlc rs AME Jeffand Terri Fox 8 AIITfJORIZED AGElT S NA I1E AND TITLE an agent is not required Ben Meyer Wetland Scientist 6 APPLICANT S ADDRESS17NIIJttNTPjlfNO 9 AGENT S ADDRESS WiAQENJ IiP N9 11 STATEMENT OF AlTHORIZATION ifapplicable camplconly ifauthorizing an agent hereby authorize Ben Meyer Bonestroo Assoc 10 act on my behalfas my agent inthe processing of this application and to furnish upon requcst supplemental information In support of Ihis permitapplieution 12 PROJECT NAME OR TITLE fsee instluctions DATE 1 5 tl 7APPUCANTSSGiATLRE i loCA f bN OF P 6jtct J 6 0TfiERL hONDES9 iriiON kNqwNse1 c iB 17 DiRECTIONS TO THE sfrt lit NAtlEOFACTIvrtY 19 PROJECT PURPOSE 20 REASON S FOR DISCHARGE 21 TYPES OF MATERIAl BEING DISCHARGED AND THE AMOUNt OF EACH TYPE INCUBIC YARDS 22 StRF CEIRE iN ACRES9 WETSANDS OiffER A fI 1jE 3ISAllr IOll o r 1lwo Ai h td tiE1i 7 6 l Jbg tIiIB IL rER k 4 ADokESSESOFADJblN1NGiR6PERiy OVNERS 25 LlST OF OTHER CERTIfICATIONS OR APPROVALSlDENIALS RECEIVED FROM OTHER FEDERAl STATE OR LOCAL AGENCIES FOR WORK DESCRIBFO IN THIS APPLICATION 26 Application is hereby made for a permit or pemlils to authorize thework described in this application I ccrtify that the information in this application is complete and acculate I further certify that J possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant 70t 2 tJ 7 125106 Date Signalure oragent if any Dale rhe application muSI be signcd by dte person who desircs 10 undertake the proposcd activity applicanl Of it may be signedby a duly aUlhorized agel1l if thc statement inBlock II has been filled out and signed 18lJS C Section 1001 provides thatWhoever in any manner wilhinthe jUli dicticl1 of any depal1ment Or agency orthe United States knowingly and willfully fMsifies conceals or covers up with aoy trick scheme 01 disguises a material fact 01 makes any fulse ticlilious or fraudulent statemcnts Of representations ormakes or lLses any false writirg or document knowing same to contain any false fictitious or tTaudulcnt s1atements orenlry shallbe fined not morethan S J 0 000 Or imprisoned lIot morethan tive years Or both ENG FORM 434S lul97 EDITION OF FEB 94 IS OBSOLETE Proponent CECW OR Minnesota LotJlStatc Fcdcral Application Fonns lor Water Wetland Projects Page 2 FORLGU lJSE ONLY Determination for l art I D No WCA Jurisdiction o Exempt No n per Ml Rule 84200122 D No Loss i Boo G per MiRule 8420Jl220 o Rcplacemenl reqillr d applicant must complete art II COMPLETE THESECTION BELOW OlLY IF REPLACEMENT ISNOT REOUIRED Application is check one D Approved DApproved with conditions cllnditions attached D Denied llmmcntsiFindings GU flic a ignalre Dahl Name nd Title For Agricultural and Drainage exemptions M Rule 8420 0122 Subps I and 2B LGL bas received proofQf recording of restrictions per MN Rule 8420 0115 COW whtrerecorded Dale DOCllmelll Ii assigned by recorde LGU official signature Dare Minnesota LocaVStateiFedcral Application Forms lOr Water Wetland Projects Page 3 l c f fOX Property PIO 250230500 J Xl CI f5s o Q t c 1P U1 It t h 3W t r 8 fit J 1 lW f Eox @roperties tP SITE LOCATOR MAP FOX PROPERTY WETLAND LOCATION AGRICU L TU RAL EXEMPTION o I Scale in j r iin r I fi 1 EXHIBIT A lee OO w Bonestroo Rosene Anderlik 11J 1 Associates Engineers Architects 2006 f I J oilO111 j l f l 1i 11 10 1 1 U 1 I tiol ltt u 1 d l of t I u I r 1 tl j aI f tLfIri1 t ff v J i 1 l 1oil v 411 I nJJ I If Jt j t I l l I 1 f f r r I n r 11 or l 4 1I I I 4t I C t 4 J ho f44louAIf I 1 III J I k l III fIl 1 I f teafti 11 i II 1 I 1 J q 1 J rir lw1 r t l 101 t J rI t J If r r J 1 r l I I ll n r J t 1 filLrTPrlrri l If r f I r1 1 l I I l l l r 1 t J 1 10 I f 11 l p l 1IJUijILlr I t t l I f J itil 1 J r l r 1 l I r J J III 1 I l ilIl 1 h tio f J c f I 1 q If ftJIjjr1arf J LJ 0 r I I I II fJl t L iJ Ii oF Q l I I J C w c E I L Llt f17 j JJ VJ lfl r j I LapA p o Plo j t tIJftjti1ij1AtQ r n rr I J 1IlI 1IJ1 tu II 6l J 7jJ r l L J 1 Ii i tj flit 1 1 1 I r t t 1 1 l l l Jo t r 1 1 l t t I io1o itl I f1 J litJ f l 4 1 n i it IJ I Ai nHAl r IIIrO iJ If lfJ Itf1lyC1f ltj I fQ fR f i f f J t Hi w 1 41 4 1 tIl iV t1 I to oJ l l L l 0 gQOc 0 nrL Y P1 rll t 1P f1IffiIIr tnt t I Pi l flu 1 I I iI I lit jJ it 11 III l UI t It f t aq Ii i 1IfO I 11 JAorJi I ta II 5 u r I rt U llitA l I t I l X J rf to CI I I N A 2005 Correspondence Packet Letter from Tom Scott Campbell Knutson P A re Hall Nursery Sign dated August 10 2007 Letter from Peter Bell Metropolitan Council Chair dated August 8 2007 Memo from Greg Sticha re Review of Claims Paid dated August 17 2007 171 Thomas J Campbell Roger N Knutson Thomas M Scott Elliott B Knetsch Joel J Jamnik A drea McDowell Poehler Soren M Mattick John F Kelly Henry A Schaeffer III Alina Schwartz Samuel J Edmunds Marguerite M McCarron 1380 Corporate Center Curve Suite 317 Eagan MN 55121 651 452 5000 Fax 651 452 5550 www ck law com Nftf Ad SeJw CL CAMPBELL KNUTSOW e Professional Association D rk 1 I LJ LJ L J August 10 2007 RECEIVED AUG 1 4 Z007 CITY OF CHANHASSENDistrictCourtAdministrator Carver County Justice Center 604 East Fourth Street Chaska Minnesota 55318 Re Halla Nursery Inc et al vs City of Chanhassen Court File No CV 06 632 Dear Sir or Madam Enclosed herewith for filing is Defendant s Notice of Entry of Order along with our Affidavit of Service by U S Mail in the above matter If you have any questions regarding the above please give me a call Best regards Campbell Knutson Profess nal Association I I TMS cjh Enclosure cc Client 172 Thomas J Campbell Roger N Knutson Thomas M Seott Elliott B Knetsch Joel J Jamnik Andrea McDowell Poehler Soren M Mattick John F Kelly Henry A Schaeffer III Alina Schwartz Samuel J Edmunds Marguerite M McCarron 1380 Corporate Center Curve Suite 317 Eagan MN 55121 651 452 5000 Fax 651 452 5550 www ck Iaw com CAMPBELL KNUTSON J Professional Association J 7 l1 J Mr Phillip R Krass Krass Monroe P A 8000 Norman Center Drive Suite 1000 Bloomington Minnesota 55437 August 10 2007 Re Halla Nursery Inc et al vs City of Chanhassen Court File No CV 06 632 Dear Mr Krass Enclosed herewith and served upon you by United States mail is Defendant s Notice of Entry of Order in the above matter TMS cjh cc Client 127143 Best regards Campbell Knutson 1JGc tio Thomas M Scott 173 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE OTHER CIVIL Halla Nursery Inc Donald E Halla and Sandra Cwayna Halla Court File No CV 06 632 Plaintiffs vs NOTICE OF ENTRY OF ORDER City of Chanhassen a municipal corporation Defendant TO Plaintiffs and their attorney Phillip R Krass Krass Monroe P A 8000 Norman Center Drive Suite 1000 Bloomington Minnesota 55437 PLEASE TAKE NOTICE that on August 8 2007 Findings of Fact Conclusions of Law Order for Judgment and Judgment was filed with the District Court in the above entitled matter a copy of which is attached hereto and made a part of this Notice by reference Dated August 10 2007 CAMPBEL KNUTSON Professl na Association 1 omas M Scott 98498 7 Eagandale Office Center 1380 Corporate Center Curve Eagan Minnesota 55121 Telephone 651 452 5000 Attorneys for Defendant 133392 174 STATE OF MINNESOTA 4I t t t s f UJD j J fl IUG 8 2007 G JER GlJ DISTRICT COURT COUNTY OF CARVER FIRST JUDICIAL DISTRICT CASE TYPE OTHER CIVIL Halla Nursery Inc Donald E Halla and Sandra Cwayna Halla Court File No 10 CV 06 632 Plaintiffs City of Chanhassen a municipal corporation FINDINGS OF FACT CONCLUSIONS OF LAW ORDER FOR JUDGMENT AND JUDGMENT vs Defendant The above entitled matter came on for a court trial before the Honorable Kevin W Eide on April 16 2007 at the Carver County Justice Center Chaska Minnesota Appearing on behalf of Plaintiffs was Phillip R Krass Krass Monroe P A 8000 Norman Center Drive Suite 1000 Bloomington Minnesota 55437 appearing on behalf of Defendant was Thomas M Scott CampbeU Knutson 1380 Corporate Center CUrve Suite 317 Eagan Minnesota 55121 Based upon the evidence submitted at trial and having carefully considered the arguments of counsel the Court makes the following FINDINGS OF FACT 1 Plaintiffs Donald E Halla and Sandra J Cwayna Halla are the fee owners of property located at 10 000 Great Plains Boulevard in the City of Chanhassen consisting of approximately 12 acres used for a retail nursery garden center and contractors yard Halla Nursery Property 131302 1 175 2 Plaintiff Halla Nursery Inc owned and operated by Donald and Sandra Halla leases the Halla Nursery Property 3 The Halla Nursery Property is located southwest of the intersection of Highway 101 and Pioneer Trial with the entrance to the nursery on Highway 101 1 4 mile south or the intersection 4 Plaintiffs Donald Halla and Sandra Cwayna Halla also own property located in the southeast quadrant of Highway 101 and Pioneer Trail which has recently been developed as a golf course and driving range The sign that is the subject matter of this lawsuit is located on the golf course property 5 In early 1994 Halla Nursery Inc constructed a new retail sales building of approximately 5 000 square feet on the Nursery Property without obtaining a building permit allegedly having been told that because the site was agricultural property a building permit was not required 6 On June 1 1994 the City initiated a civil lawsuit against Halla Nursery Inc seeking to permanently enjoin Halla s operation of a retail commercial business from the ew building without obtaining a building permit and satisfying the building code requirements for this type of use 7 On February 10 1997 the City and Halla Nursery Inc entered into a Stipulation for Entry of Judgment Donald E Halla and Sandra 1 Cwayna Halla as fee owners consented to and agreed in writing to be bound by the Stipulation 8 Paragraph 6 A3 of the Stipulation addressed the issue of signage in the southeast quadrant of Highway 101 and Pioneer Trail which is part of the golf course property It stated A Permitted Signage The following signs are allowed 131302 2 176 3 One off premises directiOIial sign may be placed in the southeast quadrant of the intersection of Highway 101 and Pioneer on Lot 2 Block 1 Halla Great Plains Addition The sign content shall be as approved by City Staff in the sign permit The sign may not exceed eight 8 feet in height and seventy two 72 square feet in size per sign face The sign may have two sides back to back or V shaped The sign shall not be lit Before erecting the sign a sign permit must be obtained from the City The sign must be removed when the lot on which it is located is sold 9 The Stipulation also contained the following provisions 12 WAIVERS AMENDMENTS The action or inaction ofthe City shall not constitute a waiver or amendment to the provisions of this Stipulation 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 Stipulation shall not be a waiver or release 18 PUBLIC INTEREST This Stipulation shall be liberally construed to protect the public s interest 10 The Stipulation was incorporated into the Court s Order for Judgment and Judgment hereinafter 1997 Judgment which was entered on March 6 1997 in the matter of City of Chanhassen v Halla Nursery Inc a Minnesota corporation Carver County District Court File No C8 94 8 1 There have been no Amendments to the Stipulation Although a portion of the owner s property was acquired through the right of way taking by MnDot the lot on which the sign is located has not been sold 11 The 1997 Judgment also contained the following provision 2 Defendant Hall Nursery Inc is hereby permanently enjoined from using the Subject Property in violation of the Stipulation for Entry of Judgment Defendant s violation of any obligation under the Stipulation will constitute immediate and irreparable damage to the Plaintiff not compensable in money damages and entitles the Plaintiff to preliminary and permanent injunctive relief to cure the violation upon application to the District Court 131302 3 177 12 Donald Halla signed the Stipulation as president of Halla Nursery Inc and also signed the Consent to Stipulation in his individual capacity as fee owner of the property along with Sandra Cwayna Halla 13 On January 31 1997 the City issued a sign permit for the southeast quadrant of Highway 101 and Pioneer Trail expressly contingent upon approval and signing of the stipulation agreement The approved sign faces were eight feet in height and 72 square feet in total area The overall structure was listed on the permit application as being nine feet high by sixteen feet wide The approved message on the two sign faces included the name of the nursery a directional arrow with the words 1 4 mile ahead and the telephone number The approved sign did not show or describe any illumination hereinafter 1997 Sign 14 Shortly after the 1997 Sign was erected Chanhassen Community Development Director Kate Aanenson hereafter Aanenson observed that the sign faces were illuminated in violation ofboth the permit and the Stipulation 15 Aanenson contacted Mark Halla the vice president of Halla Nursery Inc Donald Halla s son and signer on the 1997 sign permit application about the fact that the sign was not suppose to be illuminated Aanenson s discussion with Mark Halla became somewhat confrontational because there were a number of issu s still to be resolved pursuant to the Stipulation 16 Mark Halla did not remove the illumination nor did the City take any further action to have the illumination removed Aanenson testified that the City chose to wait assuming the property on which the sign was located would be sold in he near future and the sign removed in accordance with the Stipulation 131302 4 178 16 In 2005 MNDot was improving the intersection of Highway 101 and Pioneer Trail which necessitated the acquisition of additional right of way from Donald Halla and Sandra Cwayna Halla and relocation of the 1997 Sign 17 In 2005 Donald Halla on behalf of Halla Nursery Inc consulted with Paul Punt of Attracta Sign Company Attracta Sign about the design of a new sign and authorized the company to apply to the City of Chanhassen for a sign permit 18 Donald Halla had actual knowledge of the 1997 Judgment provisions relating to the sign at the time he authorized Attracta Sign to make application for a new sign but did not inform Attracta of the 1997 Judgment or the signage restrictions it contained only saying that he had a signed stipulation with the City granting him the right to place a sign on the comer 19 Donald Halla did not seek to amend Paragraph 6 A 3 of the 1997 Judgment 21 On March 28 2005 the City received the Sign Permit Application for an illuminated monument sign on the southeast comer of Pioneer Trail and Highway 101 The applicant was Attacta Sign and the property owner listed as Don Halla Attached to the permit application was a dra ng of the propoied replacement sign including notations that the sign was to be a double faced illuminated ground sign with a Full Matrix Message Center and would be set back ten feet from the property line 22 The sign application was process d by City Planner Josh Metzer who had started working for the City in 2004 Metzer was not aware of the 1997 Judgment nor did he see that the proposed sign included two electronic message centers 23 On April 8 2005 ign Permit No 2005 0573 was issued to Attracta Sign for a new illuminated monument sign Metzer sent the permit to Mr Punt on April 11 2005 K 13 1302 5 179 24 In February of 2006 and after the highway construction was complete Metier confirmed with Mr Punt that the permit was still valid Pla intiff then formalized the agreement with Attracta for the new sign accepting Attracta Sign s proposal for construction at a cost of 124 000 00 25 In March of 2006 Attracta Sign placed footings for the new sign An individual from the Carver County Highway Department contacted the City claiming that the sign was being constructed in its right of way On March 21 2006 Metzer posted a stop work order Halla and the County officials did not agree on the location of the right of way line which was eventually resolved 26 As part of the setback investigation and though the 1997 Sign had been installed at a ten foot setback the City determined that a 25 foot setback is required in the Agricultural Estate zoning district in which the property is located Plaintiff chose not to challenge the setback requirement and Attracta Sign subsequently moved the sign footings back to comply with the 25 foot setback On March 21 2006 the stop work order was lifted 27 On April 17 2006 the new sign footings were approved by the City Building Inspector and construction of the remainder of the sign continued 28 On or about April 28 2006 Metzer received a call from a homeowner in the area stating that a company called Daktronics was installing electronic message boards as part of the sign faces That same day Metzer went to the site confirmed that electronic message boards were being installed and posted the second stop work order Metzer had overlooked the i reference to the electronic message board ih the Sign Permit Application when he originally approved the permit This was the first time the City realized the mistake 1313 02 6 180 29 Metzer subsequently measured the new sIgn Each SIgn face totaled approximately 120 square feet in surface area which includes the 73 75 square foot electronic reader boards and the addition of an 18 x 12 5 illuminated cabinet along the bottom showing an arrow and 14 mile south language which was not shown on the plans submitted with the application and approved by the City Metzer also measured the old sign faces which were still at the site They measured 6 feet high and 12 feet wide or 72 square feet as allowed by the Stipulation and Judgment 30 The property upon which the sign is iocated is zoned Agricultural Estate and guided in the City s Comprehensive Plan for residential use 31 The sign is located in an area where it currently can be seen by single family homes 32 Other moving and flashing signs within the City have been allowed subject to zoning restrictions and conditional use permits 33 The sign does not comply with the plans approved by the City 34 The sign was installed under the terms of a contract with Halla Nursery Inc and Attracta Sign at a total cost of 124 000 half of which was paid at the time the contract was signed and the remaining half f which was paid for prior the hearing on this matter 35 The electronic message centers are components purchased by Atttacta Sign from a company called Daktronics The electronic message centers can be removed and reused at a different location however they would have to be discounted because of constantly changing technology 36 Plaintiffs can substitute unilluminated directional sign faces that comply with the 1997 Judgment 131302 7 181 CONCLUSIONS OF LAW 1 The Stipulation and the 1997 Judgment remain valid and enforceable 2 The sig does not comply with the Stipulation or the 1997 Judgment The two sign faces each exceed the allowed 72 square feet of area The sign is not only illuminated but also has two 73 75 square foot electronic message centers one on each sign face It is a general advertising sign not a directional sign 3 The sign violates the Chanhassen City Code in that it is an off premises sign generally advertising the Halla Nursery business is too large for the Agricultural Estate Zoning District and is a moving and flashing sign not approved by conditional use permit and located on property zoned Agricultural Estate 4 Although the sign permit for the new sign was administratively approved by the City of Chanhassen the Stipulation and the 1997 Judgment required approval of any amendment to the Stipulation and 1997 Judgment are done through written approval of the City Council 5 Plaintiffs request for a permanent injunction enjoining Defendant from interfering with the use and illumination of the sign is denied 6 Plaintiffs request for an issuance ofa writ of mandamus is denied 7 The City is not estopped from enforcing the teims of the 1997 Judgment 8 Plaintiffs do not have vested rights which preclude the City from enforcing the 1997 Judgment 9 Defendant is entitled to judgment on its Counterclaim for injunctive relief eriforcing the provisions 6fthe 1997 Stipulation for Entry of Judgment 10 Plaintiffs shall remove the electronic message centers and bring the sign into compliance with the 1997 Stipulation for Entry ofJudgment H 131302 8 182 ORDER FOR JUDGMENT 1 Plaintiffs Complaint is dismissed in its entirety 2 Defendant is awarded judgment on its Counterclaim 3 Plaintiffs shall remove the electronic message center components ofthe sign and bring the sign into compliance with the 1997 Stipulation for Entry of Judgment within thirty 30 days of entry ofjudgment LET JUDGMENT BE ENTERED ACCORDINGLY AND FORTHWITH BY THE COURT Dated l1J 8 lJO 1 Honorable Kevin W Eide Judge ofDistrict Court MEMORANDUM Plaintiff argues that by the time the second stop work order was placed on the sign it had acquired a vested right to complete construction in accordance with the plans attached to the permit application Defendant argues at neither the doctrines of vested rights nor equitable estoppel apply to this case where the City is seeking to enforce an existing regulation or in this case the 1997 Judgment As a general rule municipalities are immune from tort liability for their discretionary acts under Minn Stat S 466 03 subd 6 2005 The act of an employee of the city in issuing a building permit involves an exercise of discretion in the sense that a city s employee has to make po a judgment as to whether plans submitted in support of the permit application constitute a permissible use of the property in the area involved See Anderson v City of Minneapolis 178 N W2d 215 217 Minn 1970 In spite of this discretionary immunity a local government exercising its zoning powers will be estopped when a property o er 1 relying in good faith ok 131302 9 183 2 upon some act or omission of the government 3 has made such a substantial change In position or incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights which he ostensibly had acquired Ridgewood Development Co v State 294 N W2d 288 294 Minn 1980 Estoppel is available as a defense against the government if the government s wrongful conduct threatens to work a serious injustice and if the public s interest would not be unduly damaged by the imposition of estoppel fd citing United States v Lazy FC Ranch 481 F 2d 985 989 9th Cir 1973 L Doctrines of Vested Rights and Equitable Estoppel The vested rights doctrine in Minnesota developed to deal with state control over private development through the use of zoning provisions and building permits idgewood 294 N W 2d 288 at 294 It and equitable estoppel are used by the courts here and elsewhere as alternative ways of resolving developer government relations in the land use context ld The major difference between the doctrines concerns the court s focus fd While a court applying a theory of equitable estoppel investigates the loss to the developer if he is not permitted to finish his project ina vested rights analysis the co asks whether a developer has progressed sufficiently with his construction to acquire avested right to complete it fd The general rule in Mi1111esota is that a right becomes vested when it has arisen upon a contract or transaction in the nature of a contract authorized by statute and liabilities under that right have been so far determined that nothing remains to be done by the party asserting it Yaeger v Delano Granite Works 250 Minn 303 307 84 N W2d 363 366 1957 In zoning cases the contract is the issuance of a building permit issued in error or later revoked for some reason fd However if the proposed land use authorized in the issued building permit was clearly illegal such that no element of discretion was involved the owner could not recover 1313 02 10 184 damages because he was charged with knowledge of applicable laws and any expenses were incurred at the owner s own risk Anderson v City of Minneapolis 178 N W 2d 215 217 Minn 1970 emphasis addedsee also JasakaCo v City of St Paul 309 N W2d 40 44 Minn 1981 In zoning cases decided under a vested rights theory the court has held that the mere possession of a building permit the incurring of some expenses and the assumption of obligations preliminary to construction create no vested right Ridgewood 294 N W2d at 294 citing Kiges v City of St Paul 62 N W 2d 363 373 Minn 1953 Neither do expenditures associated with the acquisition of the property the removal of trees the grading of the land or excavation Hawkinson v County ofltasca 231 N W 2d 279 283 84 Minn 1975 A developer must have progressed significantly with physical aspects of a project or made a binding commitment to develop a property Wermager v Cormorant Township Ed 716 F 2d 1211 1215 8th Cir 1983 It is impossible to fix a definite percentage of the total cost which establishes a vested right ld At 284 It depends on the type of project its location ultimate cost and principally the am unt accomplished under conformity ld In this case the Plaintiff is not able to rely on vested rights or equitable estoppel The sign proposed in the sign permit application clearly violates the terms of the Stipulation for Entry of Judgment and the 1997 Judgment and the Plaintiff could not rely upon the permit approval or the significant progress on the construction of the sign IL Equities The Stipulation for Entry of Judgment provides that the actions or inactions of the City which do not constitute an amendment to the Stipulation do not result in the waiver or amendment of the Stipulation Although the Court has determined that it is bound by the 131302 11 185 contract the Stipulation for Entry of Judgment entered into by the parties the Court recognizes that the strict compliance with the Stipulation for Entry of Judgment may be very inequitable A strict enforcement of this provision would result in the inability of Halla to even illuminate the new sign Clearly the City of Chanhassen had intended to approve some form of illuminated sign The Court recognizes that Halla has spent considerable resources in the design and construction ofthis sign upon reliance on the approval of the City This is particularly true where the sign had to be moved due to a disagreement over what the appropriate set back was for the sign The Court encourages the parties to negotiate a resolution of the final design ofthe sign in recognition of these equities K W E 131302 12 186 JUDGMENT I DO HEREBY CERTIFY THAT THE FOREGOING ORDER CONSTITUTES THE JUDGMENT OF THIS COURT DATED 16 07 I CAROLYN M RENN COURT ADMINISTRATOR i 187 NexldM cibrt C Metropolitan Council August 8 2007 RECEIVED AUG 1 0 Z007 CITY OF CHANHASSEN To Cities Townships and Counties within Metropolitan Council Districts 1 8 The purpose of this letter is to inform local units of government that the Metropolitan Council is seeking applicants to fill four positions on the Metropolitan Parks and Open Space Commission MPOSC The four positions MPOSC Districts A D represent Metropolitan Council districts 1 8 which generally consist of communities within Carver Hennepin and Scott counties The news release for these vacancies as well as a map of the MPOSC districts can be found on the Council s website at http www metrocouncil orgnewsI2007 news 580 html The Metropolitan Council invites local units of government to participate in this appointment process by encouraging citizens who have an interest in the work of the MPOSC to become applicants as well as by providing us with any recommendations you may have Qualifications for membership include applicant must be a resident of the commission district for which they are seeking appointment and shall not during their term hold the office of Metropolitan Council member be a member of any metropolitan agency or hold any judicial office MPOSC appointments are governed under the Minnesota Open Appointments process administered by the Secretary of State Interested individuals should contact the Secretary of State s office at 651 297 5845 for an application or visit their website at http www sos state mn ushome index asp page 11 O Completed applications are to be returned to the Secretary of State by August 31 2007 After receipt by the Secretary of State applications will be forwarded to the Metropolitan Council Applicants will then be invited to appear for an interview at apublic meeting conducted by a Metropolitan Council appointments committee Legislators representing these areas will also be consulted relative to these appointments Following the public meeting the appointments committee will review the information received and make appointment recommendations to Metropolitan Council If you have any questions about this appointment process please call Julie Meadows appointments coordinator at 651 602 1630 Sincerely Peter Bell Chair Metropolitan Council www metrocounci1 org 390 Robert Street North St Paul MN 55101 1805 651 602 1000 Fax 651 602 1550 TrY 651 291 0904 AnEqual Opportunity Employer 188 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 952227 1160 Fax 952 227 1170 Finance Phone 952227 1140 Fax 952227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952 2271110 Web Site WIIWci chan hassen mn us MEMORANDUM TO Mayor City Council FROM Greg Sticha Finance Director IJtrDATEAugust172007 SUBJECT Review of Claims Paid The following claims are submitted for review on August 27 2007 Check Numbers Amounts 133812 133951 1 509 06039 Total All Claims 1 509 060 3 9 Attachments Check Summary Check Detail Report 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 play189 CITY OF CHANHASSEN Accounts Payable Printed 08 17 2007 09 19 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 133812 CARLBRUC BRUCE CARLSON 08 06 2007 0 00 5 000 00 133813 POST POSTMASTER 08 06 2007 0 00 1478 04 133814 bercof BERRY COFFEE COMPANY 08 09 2007 0 00 16 00 133815 borsta BORDER STATES ELECTRIC SUPPLY 08 09 2007 0 00 401 87 133816 canfin CANON FINANCIAL SERVICES INC 08 09 2007 0 00 753 88 133817 CARENV CARVER COUNTY ENVIRONMENTAL 08 09 2007 0 00 69 50 133818 carswc CARVER SWCD 08 09 2007 0 00 1 292 50 133819 cenene CENTERPOINT ENERGY MINNEGASCO 08 09 2007 0 00 1 418 28 133820 chaska CITY OF CHASKA 08 092007 0 00 182 00 133821 copima COPY IMAGES INC 08 09 2007 0 00 385 00 133822 corexp CORPORATE EXPRESS 08 09 2007 0 00 67 09 133823 crifir Crimson Fire 08 09 2007 0 00 340 250 00 133824 Cubfoo CUB FOODS 08 09 2007 0 00 820 06 133825 cuspoo CUSTOM POOLS 08 09 2007 0 00 1 000 00 133826 cutabo CUT ABOVE WOOD CO 08 092007 0 00 962 50 133827 dalco DALCO 08 092007 0 00 6944 133828 danka DANKA OFFICE IMAGING COMPANY 08 09 2007 0 00 822 38 133829 dencus DENALI CUSTOM HOMES INC 08 09 2007 0 00 3 000 00 133830 dolpoo DOLPHIN POOL 08 09 2007 0 00 2 250 00 133831 doysec DOYLE SECURITY PRODUCTS 08 09 2007 0 00 1 92 133832 dunrit DUNN RITE SHOES REPAIR 08 09 2007 0 00 146 00 133833 gleon G L Contracting Inc 08 09 2007 0 00 16 18134 133834 gomenanc Nancy Gomez 08 09 2007 0 00 68 00 133835 gsdir GS DIRECT INC 08 09 2007 0 00 109 57 133836 hawche HAWKINS CHEMICAL 08 09 2007 0 00 2 762 90 133837 hdsup HD Supply Waterworks LTD 08 09 2007 0 00 14659 133838 holmdawn Dawn Holmen 08 09 2007 0 00 102 00 133839 hoothr Hoops Threads 08 09 2007 0 00 1 530 00 133840 INTDET INTERSTATE POWERSYSTEMS 08 092007 0 00 2 418 84 133841 johsup JOHNSTONE SUPPLY 08 09 2007 0 00 675 37 133842 kimhor KIMLEY HORN AND ASSOCIATES INC 08 09 2007 0 00 15 12745 133843 kuscon KUSSKE CONSTRUCTION COMPANY 08 09 2007 0 00 13 715 86 133844 lunbro LUNDGREN BROS CONSTRUCTION 08 09 2007 0 00 1 500 00 133845 merace MERLINS ACE HARDWARE 08 092007 0 00 1 91849 133846 metco2 METROPOLITAN COUNCIL 08 09 2007 0 00 1 925 00 133847 METROC METROCALL 08 092007 0 00 39 66 133848 michay MICHAEL HAYES HOMES 08 09 2007 0 00 1 000 00 133849 midpla MIDWEST PLA YSCAPES 08 092007 0 00 1 471 83 133850 migdis Mighty Distributing 08 09 2007 0 00 101 98 133851 MNFIRE MN FIRE SERVICE CERTIFICATION 08 09 2007 0 00 15 00 133852 mtidis MTI DISTRIBUTING INC 08 09 2007 0 00 488 68 133853 mvec MN V ALLEY ELECTRIC COOP 08 09 2007 0 00 3 09341 133854 nfpa NATIONAL FIRE PROTECTION ASSN 08 09 2007 0 00 150 00 133855 oreaut O REILLY AUTOMOTIVE INC 08 09 2007 0 00 635 74 133856 parsup PARTEK SUPPLY INC 08 09 2007 0 00 64 97 133857 pcwor PC WORLD 08 09 2007 0 00 33 97 133858 powoib POWERPLAN OIB 08 09 2007 0 00 47 15 133859 prepoo Prestige Pools 08 09 2007 0 00 1 250 00 133860 prosta PRO STAFF 08 09 2007 0 00 128 70 133861 qwest QWEST 08 09 2007 0 00 6842 133862 ramcou RAMSEY COUNTY 08 09 2007 0 00 931 88 133863 rbmser RBM SERVICES INC 08 09 2007 0 00 4 747 37 133864 ricoh RICOH BUSINESS SYSTEMS 08 09 2007 0 00 321 00 133865 rylhom Ryland Homes 08 09 2007 0 00 1 500 00 133866 sathtama Tamara Sather 08 09 2007 0 00 200 00 133867 schele SCHINDLER ELEVATOR CORP 08 092007 0 00 394 08 133868 seadiv Seaya Diving Inc 08 09 2007 0 00 642 38 133869 shotru SHOREWOOD TRUE VALUE 08 09 2007 0 00 94 72 133870 signso SIGNSOURCE 08 09 2007 0 00 2 343 00 133871 sousub SOUTHWEST SUBURBAN PUBLISHING 08 09 2007 0 00 2 050 72 133872 spounl Sports Unlimited 08 09 2007 0 00 3 054 00 133873 streic STREICHER S 08 09 2007 0 00 95 86 Page 1 190 CITY OF CHANHASSEN Accounts Payable Printed 08 17 2007 09 19 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 133874 SwanJean JEAN SWANSON 08 09 2007 0 00 240 00 133875 swwc SWWC Service Cooperatives 08 09 2007 0 00 44 445 00 133876 termin TERMINIX 08 092007 0 00 47 93 133877 TowHom Town Country Homes at Minn 08 09 2007 0 00 4 500 00 133878 uniren UNITED RENTALS HIGHWAYS TECH 08 092007 0 00 303 37 133879 WASMAN WASTE MANAGEMENT SA V AGE 08 09 2007 0 00 1 611 90 133880 watson WATSON COMPANY 08 09 2007 0 00 289 58 133881 wenck WENCK ASSOCIATES INC 08 09 2007 0 00 6 295 34 133882 wiltow Williams Towing 08 09 2007 0 00 86 27 133883 wsb WSB ASSOCIATES INC 08 09 2007 0 00 14 701 25 133884 zeemed ZEE MEDICAL SERVICE 08 092007 0 00 52 11 133885 BCATRA BCA TRAINING DEVELOPMENT 08 10 2007 0 00 15 00 133886 katfue KATH FUEL OIL SERVICE 08 10 2007 0 00 19 884 21 133887 3rd1ai 3RD LAIR SKATEPARK 08 16 2007 0 00 5 248 00 133888 aarp AARP 08 16 2007 0 00 140 00 133889 allbla ALLIED BLACKTOP 0816 2007 0 00 237 905 16 133890 aramar ARAMARK 0816 2007 0 00 154 36 133891 AZREN A TO Z RENTAL CENTER 0816 2007 0 00 169 21 133892 baiIlynn LYNNETIE BAILEY 0816 2007 0 00 68 00 133893 banfor BANN FORMS TECHNOLOGY 08 16 2007 0 00 346 67 133894 bolmen BOLTON MENK INC 0816 2007 0 00 33 095 00 133895 carred CARVER COUNTY RED CROSS 0816 2007 0 00 330 25 133896 cartre CARVER COUNTY TREASURER 08 16 2007 0 00 17 75 133897 eorexp CORPORATE EXPRESS 08 16 2007 0 00 118 50 133898 deeprock Deep Rock Water Company 0816 2007 0 00 6 71 133899 delden Delta Dental 0816 2007 0 00 1 231 95 133900 faemot FACTORY MOTOR PARTS COMPANY 0816 2007 0 00 64 29 133901 fascom FASTENAL COMPANY 0816 2007 0 00 52 69 133902 firlab FIRSTLAB 0816 2007 0 00 78 00 133903 fsheom FSH COMMUNICATIONS LLC 0816 2007 0 00 127 80 133904 GALARICK RICK GALARNEAU 08 16 2007 0 00 924 00 133905 GOPST A GOPHER STATE ONE CALL INC 08 16 2007 0 00 926 55 133906 hantho HANSEN THORP PELLINEN OLSON 0816 2007 0 00 9 344 57 133907 h1btau HLB TAUTGES REDPATH LTD 08 16 2007 0 00 5 000 00 133908 hoikoe HOISINGTON KOEGLER GROUP 08 16 2007 0 00 2 027 50 133909 ICMART ICMA RETIREMENT AND TRUST 457 0816 2007 0 00 1 840 00 133910 jenkjoel JOEL JENKINS 08 16 2007 0 00 154 00 133911 jhlar JH LARSON COMPANY 08 16 2007 0 00 358 62 133912 KaufHolI Holly Kaufhold 08 16 2007 0 00 250 133913 lakpro LAKESIDE PROMOTIONS LLC 0816 2007 0 00 578 11 133914 larbar Larry Barrett Construction Inc 0816 2007 0 00 2 191 00 133915 metco Metropolitan Council Env Svcs 0816 2007 0 00 34 823 25 133916 metfor METROPOLITAN FORD 08 16 2007 0 00 18 19 133917 midcoc MIDWEST COCA COLA 08 16 2007 0 00 386D7 133918 MinnComm Minnetonka Community Education 0816 2007 0 00 14 245 00 133919 MNCHIL MN CHILD SUPPORT PAYMENT CTR 08 162007 0 00 417 62 133920 mn1abo MN DEPT OF LABOR AND INDUSTRY 08 162007 0 00 6 323 14 133921 MSRS MSRS 08 16 2007 0 00 2 465 28 133922 mvec MN V ALLEY ELECTRIC COOP 08 162007 0 00 125 17 133923 rnxlog MX Logic 08 16 2007 0 00 97 00 133924 NA TRET NATIONWIDE RETIREMENT SOLUTION 0816 2007 0 00 5 677 09 133925 Nordlea Lea Nordos 08 16 2007 0 00 1647 133926 oehmpau1 PAUL OEHME 08 16 2007 0 00 5 82 133927 onvoy ONVOY 08 16 2007 0 00 941 96 133928 prares PRAIRIE RESTORATIONS INC 0816 2007 0 00 1 032 11 133929 proone PROTECTION ONE 08 16 2007 0 00 92 66 133930 quill QUILL CORPORATION 08 16 2007 0 00 40555 133931 ridmed RIDGEVIEW MEDICAL CENTER 08 16 2007 0 00 11150 133932 ridymc RIDGEDALE YMCA 0816 2007 0 00 2 22040 133933 srnhen SM HENTGES SONS 0816 2007 0 00 500 269 28 133934 smitcece CECE SMITH 08 16 2007 0 00 32 00 133935 teegra TECHNAGRAPHICS 08 16 2007 0 00 222 84 Page 2 191 CITY OF CHANHASSEN Accounts Payable Printed 0817 2007 09 19 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 133936 termin TERMINIX 08 16 2007 0 00 186 38 133937 Tewsgene Gene Sharon Tews 0816 2007 0 00 1 295 00 133938 thompsar SARA THOMPSON 08 16 2007 0 00 22 04 133939 UB 00081 CHRISTOPHER MERRITT 08 16 2007 0 00 44 37 133940 UB 00082 CHRIS AND LISA OEN 08 16 2007 0 00 24 85 133941 UB 00083 EDINA REALTY TITLE 08 16 2007 0 00 51 27 133942 UB 00084 MGIC 0816 2007 0 00 7 72 133943 ultmar ULTIMATE MARTIAL ARTS INC 0816 2007 0 00 168 00 133944 UNIWA Y UNITED WAY 0816 2007 0 00 42 00 133945 ustoy US TOY CO 0816 2007 0 00 181 92 133946 verizo VERIZON WIRELESS 0816 2007 0 00 27 95 133947 wasma2 WASTE MANAGEMENT TC WEST 0816 2007 0 00 2 24119 133948 watson WATSON COMPANY 0816 2007 0 00 138 09 133949 xce XCELENERGYINC 0816 2007 0 00 2 185 37 133950 zoerpegg PEGGIE ZOERHOF 0816 2007 0 00 1 245 30 133951 CAMUSA CAMPFIRE USA MINNESOTA COUNCIL 0816 2007 0 00 92 765 00 Report Total 0 00 1 509 060 39 Page 3 192 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 08 17 07 09 27 Amount 3RD LAIR SKATEPARK 3rdlai 3RD LAIR SKATEPARK Ck 133887 08 16 07 Inv CM226 Line Item Date 07 2107 Inv CM226 Total Line Item Description Skateboarding camp Line Item Account 101 1731 3636 5 248 00 5 248 00 Ck 133887 Total 5 248 00 3rdlai 3RD LAIR SKA TEPARK 5 248 00 3RD LAIR SKA TEPARK 5 248 00 A TO Z RENTAL CENTER AZREN A TO Z RENTAL CENTER Ck 133891 08 16 07 Inv 1228545 Line Item Date Line Item Description 08 0107 Rent chairs Inv 1228545 Total Line Item Account 101 1600 4300 169 21 169 21 Ck 133891 Total 169 21 AZREN A TO Z RENTAL CENTER 169 21 A TO Z RENTAL CENTER 169 21 AARP aarp AARP Ck 133888 0816 07 Inv 6073 111 Line Item Date Line Item Description 0815 07 Defensive driving Inv 6073 111 Total Line Item Account 101 1560 4300 140 00 140 00 Ck 133888 Total 140 00 aarp AARP 140 00 AARP 140 00 ALLIED BLACKTOP alIbla ALLIED BLACKTOP Ck 133889 0816 07 Inv 1 Line Item Date 08 06 07 Inv 1 Total Line Item Description 2007 Sealcoat project no 07 04 Line Item Account 420 4203 4751 237 905 16 237 905 16 Ck 133889 Total 237 905 16 alIbla ALLIED BLACKTOP 237 905 16 ALLIED BLACKTOP 237 905 16 Page I 193 CITY OF CHANHAS User danielle ARAMARK aramar ARAMARK Account 101 1170 4110 Ck 133890 08 16 07 Inv 607840 Line Item Date Line Item Description 08 09 07 Inv 607840 Total Ck 133890 Total aramar ARAMARK ARAMARK BAILEY LYNNETTE baillynn BAILEY LYNNETTE Ck 133892 0816 07 Inv 2000768 002 Line Item Date Line Item Description 0813 07 Refund lacrosse camp Inv 2000768 002 Total Ck 133892 Total baillynn BAILEY L YNNETTE BAILEY L YNNETTE BANN FORMS TECHNOLOGY banfor BANN FORMS TECHNOLOGY Ck 133893 0816 07 Inv 13856 Line Item Date 08 03 07 Inv 13856 Total Line Item Description Public safety door hangers Ck 133893 Total ban for Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount Line Item Account 101 1170 4110 154 36 154 36 154 36 154 36 154 36 Line Item Account 101 1730 3636 68 00 68 00 68 00 68 00 68 00 Line Item Account 101 1260 4340 346 67 346 67 346 67 BANN FORMS TECHNOLOGY 346 67BANNFORMSTECHNOLOGY BCA TRAINING DEVELOPMENT BCATRA BCA TRAINING DEVELOPMENT Ck 133885 0810 07 Inv 081007 Line Item Date 08 10 07 Inv 081007 Total Line Item Description Criminal background investigation Ck 133885 Total BCATRA 346 67 Line Item Account 101 1120 4300 15 00 15 00 15 00 BCA TRAINING DEVELOPMENT 15 00BCATRAININGDEVELOPMENT 15 00 Page 2 194 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount BERRY COFFEE COMPANY bereof BERRY COFFEE COMPANY Ck 133814 08 09 07 Inv 660834 Line Item Date 08 07 07 Inv 660834 Total Line Item Description Coffee supplies Line Item Account 101 1560 4130 16 00 16 00 Ck 133814 Total 16 00 bereof BERRY COFFEE COMPANY 16 00 BERRY COFFEE COMPANY 16 00 BOLTON MENK INC bolmen BOLTON MENK INC Ck 133894 08 16 07 Inv 108068 Line Item Date 07 26 07 Inv 108068 Total Line Item Description Koehnen area improvements Line Item Account 601 6016 4752 33 095 00 33 095 00 Ck 133894 Total 33 095 00 bolmen BOLTON MENK INC 33 095 00 BOLTON MENK INC 33 095 00 BORDER STATES ELECTRIC SUPPLY borsta BORDER STATES ELECTRIC SUPPLY Ck 133815 08 09 07 Inv 96748588 Line Item Date Line Item Description 0726 07 Bulbs Inv 96748588 Total Line Item Account 10 1 1190 451 0 389 27 389 27 Inv 96748591 Line Item Date Line Item Description 07 26 07 Bulbs Inv 96748591 Total Line Item Account 101 1170 4530 12 60 12 60 Ck 133815 Total 401 87 borsta BORDER STATES ELECTRIC SUPPLY 401 87 BORDER STATES ELECTRIC SUPPLY 401 87 CAMPFIRE USA MINNESOTA COUNCIL CAMUSA CAMPFIRE USA MINNESOTA COUNCIL Ck 133951 08 16 07 Inv 081507 Line Item Date 0815 07 Inv 081507 Total Line Item Description Easement Acquisition Line Item Account 720 0000 470 I 92 765 00 92 765 00 Ck 133951 Total 92 765 00 Page 3 195 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 CAMUSA CAMPFIRE USA MINNESOTA COUNCIL Amount 92 765 00 CAMPFIRE USA MINNESOTA COUNCIL 92 765 00 CANON FINANCIAL SERVICES INC cantin CANON FINANCIAL SERVICES INC Ck 133816 08 09 07 Inv 7244032 Line Item Date Line Item Description 08 01107 Copier Inv 7244032 Total Line Item Account 101 1120 4410 753 88 753 88 Ck 133816 Total 753 88 cantin CANON FINANCIAL SERVICES INC 753 88 CANON FINANCIAL SERVICES INC 753 88 CARLSON BRUCE CARLBRUC CARLSON BRUCE Ck 133812 08 06 07 Inv 080207 Line Item Date 08 02 07 Inv 080207 Total Line Item Description Escrow Dogwood RdlTanadoona Dr Recon Line Item Account 601 6015 4752 5 000 00 5 000 00 Ck 133812 Total 5 000 00 CARLBRUC CARLSON BRUCE 5 000 00 CARLSON BRUCE 5 000 00 CARVER COUNTY ENVIRONMENTAL CARENV CARVER COUNTY ENVIRONMENTAL Ck 133817 08 09 07 Inv 68848 Line Item Date 07 26 07 Inv 68848 Total Line Item Description Recycle truck tires Line Item Account 101 1370 4350 69 50 69 50 Ck 133817 Total 69 50 CARENV CARVER COUNTY ENVIRONMENTAL 69 50 CARVER COUNTY ENVIRONMENTAL 69 50 CARVER COUNTY RED CROSS carred CARVER COUNTY RED CROSS Ck 133895 0816 07 Inv 91 Line Item Date 0711107 Inv 91 Total Line Item Description Babysitter training Line Item Account 101 1731 3636 330 25 330 25 Ck 133895 Total 330 25 carred CARVER COUNTY RED CROSS 330 25 Page 4 196 CITY OF CHANHAS User danielle CARVER COUNTY RED CROSS CARVER COUNTY TREASURER cartre CARVER COUNTY TREASURER Ck 133896 0816 07 InY 081307 Line Item Date 08 13 07 Iny 081307 Total Ck 133896 Total cartre Line Item Description Ownership name changes Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount 330 25 Line Item Account 101 1150 4300 17 75 17 75 17 75 CARVER COUNTY TREASURER CARVER COUNTY TREASURER 17 75 CARVER SWCD carswc CARVER SWCD Ck 133818 08 09 07 Iny 1238 Line Item Date 07 20 07 Iny 1238 Total Iny 1239 Line Item Date 07 20 07 Iny 1239 Total Iny 1240 Line Item Date 07 20 07 Iny 1240 Total Iny 1241 Line Item Date 07 20 07 Iny 1241 Total Iny 1243 Line Item Date 07 20 07 Iny 1243 Total Iny 1244 Line Item Date 07 20 07 Iny 1244 Total Iny 1246 Line Item Date 07 20 07 Iny 1246 Total Ck 133818 Total carswc Line Item Description Arboretum Business Park Line Item Description Autobahn Auto Park Line Item Description Chan West Business Park Line Item Description Chanhassen High School Line Item Description Lakeside at Bear Path Line Item Description Liberty on Bluff Creek Line Item Description The Preserve CARVER SWCD 17 75 Line Item Account 400 0000 1155 110 00 110 00 Line Item Account 400 0000 1155 55 00 55 00 Line Item Account 400 0000 1155 110 00 110 00 Line Item Account 720 0000 4300 687 50 687 50 Line Item Account 400 0000 1155 137 50 137 50 Line Item Account 400 0000 1155 8250 82 50 Line Item Account 400 0000 1155 110 00 110 00 1 292 50 1 292 50 Page 5 197 CITY OF CHANHAS User danielle CARVER SWCD CENTERPOINT ENERGY MINNEGASCO cenene CENTERPOINT ENERGY MINNEGASCO Ck 133819 08 09 07 Inv 072607 Line Item Date 07 26 07 07 26 07 07 26 07 07 26 07 Inv 072607 Total Ck 133819 Total cenene Line Item Description Gas charges Gas charges Gas charges Gas charges Accounts Payable Check Detail Report Detail Printed 081 7 07 09 27 Amount 1 292 50 Line Item Account 700 0000 4320 700 7019 4320 101 1170 4320 101 1190 4320 10 12 37 28 170 04 1 200 84 1 418 28 1418 28 CENTERPOINT ENERGY MINNEGASCO CENTERPOINT ENERGY MINNEGASCO 1 418 28 CHRIS AND LISA OEN UB 00082 CHRIS AND LISA OEN Ck 133940 0816 07 Inv Line Item Date 08 14 07 081 4 07 081 4 07 0814 07 Inv Total Ck 133940 Total UB 00082 CHRIS AND LISA OEN Line Item Description Refund check Refund check Refund check Refund check CHRIS AND LISA OEN CITY OF CHASKA chaska CITY OF CHASKA Ck 133820 08 09 07 Inv 10814 Line Item Date 08 07 07 Inv 10814 Total Ck 133820 Total chaska CITY OF CHASKA Line Item Description Senior garden tour CITY OF CHASKA COPY IMAGES INC copima COPY IMAGES INC Ck 133821 08 09 07 Inv 87032 Line Item Date 08 02 07 Inv 87032 Total Line Item Description Copier 1 418 28 Line Item Account 700 0000 2020 720 0000 2020 700 0000 2020 701 0000 2020 046 1 80 855 14 04 24 85 24 85 24 85 24 85 Line Item Account 101 1560 4130 182 00 182 00 182 00 182 00 182 00 Line Item Account 101 1250 4530 385 00 385 00 Page 6 198 CITY OF CHANHAS User danielIe Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Ck 133821 Total Amount 385 00 copima COPY IMAGES INC 385 00 COPY IMAGES INC 385 00 CORPORATE EXPRESS corexp CORPORATE EXPRESS Account 101 1170 4110 Ck 133822 08 09 07 InY 80391819 Line Item Date Line Item Description 07 24 07 Paper labels Iny 80391819 Total Line Item Account 101 1170 4110 24 70 24 70 Iny 80419542 Line Item Date Line Item Description 07 25 07 Paper Iny 80419542 Total Line Item Account 101 1170 4110 13 32 13 32 InY 80419543 Line Item Date Line Item Description 07 25 07 Labels Iny 80419543 Total Line Item Account 101 1170 4110 29 07 29 07 Ck 133822 Total 67 09 Ck 133897 08 16 07 Iny 80511428 Line Item Date Line Item Description 07 30 07 Markers pens labels Iny 80511428 Total Line Item Account 101 1170 4110 13 1 82 13 1 82 Iny 80543602 Line Item Date Line Item Description 07 3107 Return paper Iny 80543602 Total Line Item Account 101 1170 4110 13 32 13 32 Ck 133897 Total 118 50 corexp CORPORATE EXPRESS 185 59 CORPORATE EXPRESS 185 59 Crimson Fire crifir Crimson Fire Ck 133823 08 09 07 Iny 3052 Line Item Date 08 02 07 Iny 3052 Total Line Item Description Pumper truck Line Item Account 400 4135 4704 340 250 00 340 250 00 Ck 133823 Total 340 250 00 crifir Crimson Fire 340 250 00 Crimson Fire 340 250 00 Page 7 199 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount CUB FOODS Cubfoo CUB FOODS Ck 133824 08 09 07 Iny 073007 Line Item Date 07 30 07 07 30 07 07 30 07 07 30 07 Iny 073007 Total Line Item Description Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Line Item Account 101 1613 4130 101 1700 4130 101 1540 4130 101 1600 4130 112 77 167 70 221 95 236 80 739 22 Iny 777 Line Item Date 07 30 07 Iny 777 Total Line Item Description Food for meeting Line Item Account 101 1220 4370 80 84 80 84 Ck 133824 Total 820 06 cubfoo CUB FOODS 820 06 CUB FOODS 820 06 CUSTOM POOLS cuspoo CUSTOM POOLS Ck 133825 08 09 07 InY 0500182 Line Item Date Line Item Description 08 06 07 Erosion escrow 915 Pleasant View Rd Iny 0500182 Total Line Item Account 815 8202 2024 500 00 500 00 InY 0500611 Line Item Date Line Item Description 08 06 07 Erosion escrow 1770 Lucy Ridge Court Iny 0500611 Total Line Item Account 815 8202 2024 250 00 250 00 InY 0601599 Line Item Date Line Item Description 08 06 07 Erosion escrow 9875 Delphinium Lane Inv 0601599 Total Line Item Account 815 8202 2024 250 00 250 00 Ck 133825 Total 1 000 00 cuspoo CUSTOM POOLS 1 000 00 CUSTOM POOLS 1 000 00 CUT ABOVE WOOD CO cutabo CUT ABOVE WOOD CO Ck 133826 08 09 07 InY 403746 Line Item Date 08 06 07 Inv 403746 Total Line Item Description Watering trees Line Item Account 720 7202 4300 962 50 96250 Ck 133826 Total 962 50 cutabo CUT ABOVE WOOD CO 962 50 Page 8 200 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 17 07 09 27 CUT ABOVE WOOD CO Amount 962 50 DALCO dalco DALCO Ck 133827 08 09 07 Inv 1868632 Line Item Date Line Item Description OS 24 07 Urinal screen Inv 1868632 Total Line Item Account 101 1370 4150 6944 6944 Ck 133827 Total 6944 dalco DALCO 69 44 DALCO 69 44 DANKA OFFICE IMAGING COMPANY danka DANKA OFFICE IMAGING COMPANY Ck 133828 08 09 07 Inv 705564516 Line Item Date Line Item Description 07 3107 Copier Inv 705564516 Total Line Item Account 101 1120 4410 822 38 822 38 Ck 133828 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 133898 08 16 07 Inv 6200018 Line Item Date Line Item Description 07 26 07 Water cooler rental Inv 6200018 Total Line Item Account 101 1550 4120 6 71 6 71 Ck 133898 Total 6 71 deeprock Deep Rock Water Company 6 71 Deep Rock Water Company 6 71 Delta Dental del den Delta Dental Ck 133899 0816 07 Inv sept07 Line Item Date 081 5 07 081 5 07 081 5 07 08 15 07 08 15 07 Inv sept07 Total Line Item Description September premiums September premiums September premiums September premiums September premiums Line Item Account 210 0000 2013 720 0000 2013 701 0000 2013 700 0000 2013 101 0000 2013 6 06 6848 118 45 142 70 896 26 1 231 95 Ck 133899 Total 1 231 95 Page 9 201 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 17 07 09 27 delden Delta Dental Amount 1 23195 Delta Dental 1 231 95 DENALI CUSTOM HOMES INC dencus DENALI CUSTOM HOMES INC Ck 133829 08 09 07 Iny erosion Line Item Date Line Item Description 08 06 07 Erosion control escrows see attached Iny erosion Total Line Item Account 815 8202 2024 3 000 00 3 000 00 Ck 133829 Total 3 000 00 dencus DENALI CUSTOM HOMES INC 3 000 00 DENALI CUSTOM HOMES INC 3 000 00 DOLPHIN POOL dolpoo DOLPHIN POOL Ck 133830 08 09 07 Iny erosion Line Item Date Line Item Description 08 08 07 Erosion escrow refunds see attached Iny erosion Total Line Item Account 815 8202 2024 2 250 00 2 250 00 Ck 133830 Total 2 250 00 dolpoo DOLPHIN POOL 2 250 00 DOLPHIN POOL 2 250 00 DOYLE SECURITY PRODUCTS doysec DOYLE SECURITY PRODUCTS Ck 133831 08 09 07 Iny 693073 Line Item Date 07 25 07 Iny 693073 Total Line Item Description Spring torsion Line Item Account 101 1170 4530 1 92 1 92 Ck 133831 Total 1 92 doysec DOYLE SECURITY PRODUCTS 1 92 DOYLE SECURITY PRODUCTS 1 92 DUNN RITE SHOES REPAIR dunrit DUNN RITE SHOES REPAIR Ck 133832 08 09 07 Iny 1143 Line Item Date Line Item Description 07 30 07 Steel toe shoes Iny 1143 Total Line Item Account 101 1320 4240 146 00 146 00 Ck 133832 Total 146 00 dunrit DUNN RITE SHOES REPAIR 146 00 Page 10 202 CITY OF CHANHAS User danielle DUNN RITE SHOES REPAIR EDINA REALTY TITLE UB 00083 EDINA REALTY TITLE Ck 133941 08 16 07 Iny Line Item Date 0814 07 0814 07 08 14 07 0814 07 Iny Total Ck 133941 Total UB 00083 EDINA REALTY TITLE Line Item Description Refund check Refund check Refund check Refund check EDINA REALTY TITLE FACTORY MOTOR PARTS COMPANY facmot FACTORY MOTOR PARTS COMPANY Ck 133900 0816 07 Iny 6 956752 Line Item Date Line Item Description 07 30 07 motor Iny 6 956752 Total Ck 133900 Total facmot Accounts Payable Check Detail Report Detail Printed 08 17 07 09 27 Amount 146 00 Line Item Account 700 0000 2020 720 0000 2020 700 0000 2020 701 0000 2020 1 06 4 15 1647 2959 51 27 51 27 51 27 5127 Line Item Account 101 1550 4140 64 29 64 29 64 29 FACTORY MOTOR PARTS COMPANY FACTORY MOTOR PARTS COMPANY 64 29 FASTENAL COMPANY fascom FASTENAL COMPANY Ck 133901 0816 07 Iny MNTlOI5724 Line Item Date Line Item Description 07 26 07 Fasteners Iny MNTlOI5724 Total Ck 133901 Total fascom FASTENAL COMPANY FIRSTLAB firlab FIRSTLAB Ck 133902 0816 07 Iny 241909 Line Item Date 08 08 07 08 08 07 Iny 241909 Total Ck 133902 Total FASTENAL COMPANY Line Item Description Drug screens Drug screens 64 29 Line Item Account 101 1320 4140 52 69 52 69 52 69 52 69 52 69 Line Item Account 101 1550 4300 701 0000 4300 39 00 39 00 78 00 78 00 Page 11 203 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 081 7 07 09 27 firlab FIRSTLAB Amount 78 00 FIRSTLAB 78 00 FSH COMMUNICATIONS LLC fshcom FSH COMMUNICATIONS LLC Ck 133903 0816 07 Jnv 138222 Line Item Date 08 0107 Jnv 138222 Total Line Item Description Lk Ann payphones Line Item Account 101 1540 4310 127 80 127 80 Ck 133903 Total 127 80 fshcom FSH COMMUNICATIONS LLC 127 80 FSH COMMUNICATIONS LLC 127 80 G L Contracting Inc gleon G L Contracting Inc Ck 133833 08 09 07 Jnv 3 final Line Item Date 07 27 07 07 27 07 Inv 3 final Total Line Item Description Longacres pond Lyman Blvd sanitary Longacres pond Lyman Blvd sanitary Line Item Account 701 0000 4751 720 0000 4751 5 002 79 11 178 55 16 18134 Ck 133833 Total 16 18134 gleon G L Contracting Inc 16 181 34 G L Contracting Inc 16 181 34 GALARNEAU RICK GALARICK GALARNEAU RICK Ck 133904 08 16 07 Inv 4203 Line Item Date 0815 07 Inv 4203 Total Line Item Description Adult softball umpire Line Item Account 101 1766 4300 924 00 924 00 Ck 133904 Total 924 00 GALARICK GALARNEAU RICK 924 00 GALARNEAU RICK 924 00 Gomez Nancy gomenanc Gomez Nancy Ck 133834 08 09 07 Inv 2000760 002 Line Jtem Date Line Item Description 08 0107 Refund Girls Lacrosse camp Inv 2000760 002 Total Line Item Account 101 1730 3636 68 00 68 00 Ck 133834 Total 68 00 Page 12 204 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 gomenanc Gomez Nancy Amount 68 00 Gomez Nancy 68 00 GOPHER STATE ONE CALL INC GOPSTA GOPHER STATE ONE CALL INC Ck 133905 08 16 07 Inv 7070260 Line Item Date Line Item Description 07 3107 July locates Inv 7070260 Total Line Item Account 400 0000 4300 926 55 926 55 Ck 133905 Total 926 55 GOPSTA GOPHER STATE ONE CALL INC 926 55 GOPHER STATE ONE CALL INC 926 55 GS DIRECT INC gsdir GS DIRECT INC Ck 133835 08 09 07 Inv 235824 Line Item Date 07 26 07 Inv 235824 Total Line Item Description Coated paper Line Item Account 101 1170 4110 109 57 10957 Ck 133835 Total 10957 gsdir GS DIRECT INC 109 57 GS DIRECT INC 109 57 HANSEN THORP PELLINEN OLSON hantho HANSEN THORP PELLINEN OLSON Ck 133906 0816 07 Inv 16454 Line Item Date 08 07 07 Inv 16454 Total Line Item Description Lk Ann park shelter ballfield lighting Line Item Account 410 0000 4300 9 344 57 9 344 57 Ck 133906 Total 9 344 57 hantho HANSEN THORP PELLINEN OLSON 9 344 57 HANSEN THORP PELLINEN OLSON 9 344 57 HAWKINS CHEMICAL hawche HAWKINS CHEMICAL Ck 133836 08 09 07 Inv 1092572 Line Item Date Line Item Description 07 24 07 Aqua Hawk Inv 1092572 Total Line Item Account 700 7019 4160 504 58 504 58 Inv 1094804 Line Item Date 07 13 07 Line Item Description Chlorine hydrotluosilicic acid Line Item Account 700 7019 4160 2 258 32 Page 13 205 CITY OF CHANHAS User danielIe Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Iny 1094804 Total Amount 2 258 32 Ck 133836 Total 2 762 90 hawche HAWKINS CHEMICAL 2 762 90 HAWKINS CHEMICAL 2 762 90 HD Supply Waterworks L TD hdsup HD Supply Waterworks L TD Ck 133837 08 09 07 Iny 5569495 Line Item Date Line Item Description 07 3107 Meter flg sets wgaskets Iny 5569495 Total Line Item Account 700 0000 4250 146 59 146 59 Ck 133837 Total 14659 hdsup HD Supply Waterworks L TD 146 59 HD Supply Waterworks L TD 146 59 HLB TAUTGES REDPATH LTD hlbtau HLB TAUTGES REDPATH LTD Ck 133907 0816 07 Iny 180424 Line Item Date 07 3107 Iny 180424 Total Line Item Description 2006 tax increment reporting attendance Line Item Account 491 0000 4300 5 000 00 5 000 00 Ck 133907 Total 5 000 00 hlbtau HLB TAUTGES REDPATH LTD 5 000 00 HLB TAUTGES REDPATH LTD 5 000 00 HOISINGTON KOEGLER GROUP hoikoe HOISINGTON KOEGLER GROUP Ck 133908 0816 07 InY 07 14 Line Item Date 08 07 07 InY 07 14 Total Line Item Description Parks mapping Line Item Account 410 0000 4300 83750 837 50 Iny 07 33 Line Item Date 08 07 07 Iny 07 33 Total Line Item Description Park plan update Line Item Account 410 0000 4300 1 190 00 1 190 00 Ck 133908 Total 2 027 50 hoikoe HOISINGTON KOEGLER GROUP 2 027 50 HOISINGTON KOEGLER GROUP 2 027 50 Page 14 206 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount Holmen Dawn holmdawn Holmen Dawn Ck 133838 08 09 07 Inv 12312 Line Item Date 08 02 07 Inv 12312 Total Line Item Description Refund flag football Line Item Account 101 1730 3636 102 00 102 00 Ck 133838 Total 102 00 ho1mdawn Holmen Dawn 102 00 Holmen Dawn 102 00 Hoops Threads hoothr Hoops Threads Ck 133839 08 09 07 Inv 080107 Line Item Date 08 0107 Inv 080107 Total Line Item Description Firefighter t shirts sweatshirts Line Item Account 10 1 1220 4240 1 530 00 1 530 00 Ck 133839 Total 1 530 00 hoothr Hoops Threads 1 530 00 Hoops Threads 1 530 00 ICMA RETIREMENT AND TRUST 457 ICMART ICMA RETIREMENT AND TRUST 457 Ck 133909 08 16 07 Inv Line Item Date 08 13 07 08 13 07 0813 07 Inv Total Line Item Description PR Batch 417 8 2007 ICMA PR Batch 417 8 2007 ICMA PR Batch 417 8 2007 ICMA Line Item Account 210 0000 2009 720 0000 2009 10 1 0000 2009 3123 100 00 1 708 77 1 840 00 Ck 133909 Total 1 840 00 ICMART ICMA RETIREMENT AND TRUST 457 1 840 00 ICMA RETIREMENT AND TRUST 457 1 840 00 INTERSTATE POWERSYSTEMS INTDET INTERSTATE POWERSYSTEMS Ck 133840 08 09 07 Inv 1009507 01 Line Item Date 07 26 07 Inv 1009507 01 Line Item Description Repair plugged fuel line Total Line Item Account 101 1220 4520 2418 84 2 418 84 Ck 133840 Total 2418 84 INTDET INTERSTATE POWERSYSTEMS 2 418 84 INTERSTATE POWERSYSTEMS 2 418 84 Page 15 207 CITY OF CHANHAS User danielle JENKINS JOEL jenkjoeI JENKINS JOEL Ck 133910 0816 07 Iny 4203 Line Item Date 08 15 07 Iny 4203 Total Line Item Description Adult softball umpire Ck 133910 Total jenkjoel JENKINS JOEL JENKINS JOEL JH LARSON COMPANY jhlar JH LARSON COMPANY Ck 133911 08 16 07 InY 4116534 01 Line Item Date 08 0107 InY 4116534 01 Line Item Description M tap core coil Total Ck 133911 Total jhlar JH LARSON COMPANY JH LARSON COMPANY JOHNSTONE SUPPLY johsup JOHNSTONE SUPPLY Ck 133841 08 09 07 Iny 151822 Line Item Date 07 3107 Iny 151822 Total Line Item Description Ceiling heater Ck 133841 Total johsup JOHNSTONE SUPPLY JOHNSTONE SUPPLY KA TH FUEL OIL SERVICE katfue KA TH FUEL OIL SERVICE Ck 133886 0810 07 Iny 193679 Line Item Date Line Item Description 08 06 07 Unleadeddiesel fuel Iny 193679 Total Ck 133886 Total katfue KA TH FUEL OIL SERVICE KA TH FUEL OIL SERVICE Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount Line Item Account 101 1766 4300 154 00 154 00 154 00 154 00 154 00 Line Item Account 101 1550 4150 358 62 358 62 358 62 358 62 358 62 Line Item Account 101 1170 4530 675 37 675 37 675 37 675 37 675 37 Line Item Account 101 1370 4170 19 884 21 19 884 21 19 884 21 19 884 21 19 884 21 Page 16 208 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount Kautbold Holly KaufHolI Kautbold Holly Ck 133912 0816 07 Iny 080907 Line Item Date 08 09 07 Iny 080907 Total Line Item Description Lake Ann camp supplies Line Item Account 101 1731 4130 250 250 Ck 133912 Total 2 50 KaufHolI Kautbold Holly 2 50 Kautbold Holly 2 50 KIMLEY HORN AND ASSOCIATES INC kimhor KIMLEY HORN AND ASSOCIATES INC Ck 133842 08 09 07 Iny 3046257 Line Item Date Line Item Description 06 30 07 2005 MUSA area expansion Iny 3046257 Total Line Item Account 602 6014 4300 13 86745 13 86745 Iny 3046258 Line Item Date Line Item Description 06 30 07 The Preserve inspections 06 30 07 The High School utilities 06 30 07 101 Gap watermain Iny 3046258 Total Line Item Account 400 0000 1155 720 0000 4300 463 0000 4752 135 00 225 00 900 00 1 260 00 Ck 133842 Total 15 12745 kimhor KIMLEY HORN AND ASSOCIATES INC 15 127 45 KIMLEY HORN AND ASSOCIATES INC 15 127 45 KUSSKE CONSTRUCTION COMPANY kuscon KUSSKE CONSTRUCTION COMPANY Ck 133843 08 09 07 InY 3 Line Item Date 06 28 07 Iny 3 Total Line Item Description Curry Farms Park Utica Terrace drainage Line Item Account 720 0000 4300 13 715 86 13 715 86 Ck 133843 Total 13 715 86 kuscon KUSSKE CONSTRUCTION COMPANY 13 715 86 KUSSKE CONSTRUCTION COMPANY 13 715 86 LAKESIDE PROMOTIONS LLC lakpro LAKESIDE PROMOTIONS LLC Ck 133913 08 16 07 Iny 820 Line Item Date Line Item Description 08 02 07 Carabiners wthermometers Iny 820 Total Line Item Account 10 I III 0 43 75 578 11 578 11 Ck 133913 Total 578 11 Page 17 209 CITY OF CHANHAS User danielle lakpro Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 LAKESIDE PROMOTIONS LLC Amount 578 11 LAKESIDE PROMOTIONS LLC 578 11 Larry Barrett Construction Inc larbar Larry Barrett Construction Inc Ck 133914 0816 07 InY 080107 Line Item Date 08 0107 Iny 080 I 07 Total Ck 133914 Total larbar Line Item Description Repair concrete entry at Fire Station I Line Item Account 101 1220 4510 2 191 00 2 191 00 2 191 00 Larry Barrett Construction Inc 2 191 00 Larry Barrett Construction Inc 2 191 00 LUNDGREN BROS CONSTRUCTION lunbro LUNDGREN BROS CONSTRUCTION Ck 133844 08 09 07 InY 0601813 Line Item Date Line Item Description 08 06 07 As built escrow 9960 Trails End Road InY 0601813 Total Ck 133844 Total lunbro Line Item Account 815 8226 2024 1 500 00 1 500 00 1 500 00 LUNDGREN BROS CONSTRUCTION 1 500 00 LUNDGREN BROS CONSTRUCTION 1 500 00 MERLINS ACE HARDWARE merace MERLINS ACE HARDWARE Ck 133845 08 09 07 InY 073007 Line Item Date 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 Line Item Description Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges MiscelIaneous charges MiscelIaneous charges Miscellaneous charges Miscellaneous charges MiscelIaneous charges Miscellaneous charges Miscellaneous charges MiscelIaneous charges MiscelIaneous charges MiscelIaneous charges MiscelIaneous charges MiscelIaneous charges MiscelIaneous charges MiscelIaneous charges MiscelIaneous charges Miscellaneous charges MiscelIaneous charges MiscelIaneous charges Line Item Account 101 1600 4130 101 1260 4130 700 7019 4120 101 1540 4130 101 1250 4260 700 0000 4551 700 0000 4510 701 0000 4510 700 0000 4260 101 1613 4300 700 7019 4550 700 7019 4552 101 1370 4510 700 0000 4120 101 1613 4130 101 1220 4530 700 0000 4550 101 1320 4120 101 1550 4410 101 1220 4260 101 1550 4120 10 1 1220 4290 4 79 6 21 9 14 9 61 10 10 11 05 16 35 17 32 18 28 2543 25 69 2841 42 27 43 75 53 81 55 84 60 04 84 89 84 91 11 168 15249 15845 Page 18 210 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 081 7 07 09 27 07 30 07 Miscellaneous charges Iny 073007 Total 101 1550 4150 Amount 887 98 1 91849 Ck 133845 Total 1 918 49 merace MERLINS ACE HARDWARE 1 918 49 MERLINS ACE HARDWARE 1 918 49 MERRITT CHRISTOPHER UB 00081 MERRITT CHRISTOPHER Ck 133939 08 16 07 Iny Line Item Date 0814 07 0814 07 08 14 07 0814 07 Iny Total Line Item Description Refund check Refund check Refund check Refund check Line Item Account 700 0000 2020 720 0000 2020 700 0000 2020 701 0000 2020 1 90 7 54 12 04 22 89 44 37 Ck 133939 Total 44 37 UB 00081 MERRITT CHRISTOPHER 44 37 MERRITT CHRISTOPHER 44 37 METROCALL METROC METROCALL Ck 133847 08 09 07 Iny Q0315834H Line Item Date Line Item Description 07 31 07 Pagers 07 3107 Pagers 07 3 1 07 Pagers 07 3107 Pagers 07 3107 Pagers Iny Q0315834H Total Line Item Account 700 0000 4310 701 0000 4310 101 1320 4310 101 1220 4310 101 1260 4310 240 240 3 74 7 25 23 87 39 66 Ck 133847 Total 39 66 METROC METROCALL 39 66 METROCALL 39 66 METROPOLITAN COUNCIL metco2 METROPOLITAN COUNCIL Account 701 0000 4509 Ck 133846 08 09 07 Iny 850880 Line Item Date 061 9 07 Iny 850880 Total Line Item Description 2007 Citizen Assisted monitoring program Line Item Account 720 0000 4300 1 925 00 1 925 00 Ck 133846 Total 1 925 00 metco2 METROPOLITAN COUNCIL 1 925 00 METROPOLITAN COUNCIL 1 925 00 Page 19 211 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount Metropolitan Council Env Svcs metco Metropolitan Council Env Svcs Account 101 1250 3816 Ck 133915 0816 07 Inv july07 Line Item Date Line Item Description 07 3107 July sac report 07 3107 July sac report Inv july07 Total Line Item Account 101 1250 3816 70 I 0000 2023 35 I75 35 175 00 34 823 25 Ck 133915 Total 34 823 25 metco Metropolitan Council Env Svcs 34 823 25 Metropolitan Council Env Svcs 34 823 25 METROPOLITAN FORD metfor METROPOLITAN FORD Ck 133916 08 16 07 Inv 454459 Line Item Date 07 3107 Inv 454459 Total Line Item Description nut Line Item Account 101 1220 4140 18 19 18 19 Ck 133916 Total 18 19 metfor METROPOLITAN FORD 18 19 METROPOLITAN FORD 18 19 MGIC UB 00084 MGIC Ck 133942 08 16 07 Inv Line Item Date 08 14 07 08 14 07 0814 07 08 14 07 Inv Total Line Item Description Refund check Refund check Refund check Refund check Line Item Account 700 0000 2020 70 1 0000 2020 700 0000 2020 720 0000 2020 0 65 1 21 1 69 4 17 7 72 Ck 133942 Total 7 72 UB 00084 MGIC 7 72 MGIC 7 72 MICHAEL HAYES HOMES michay MICHAEL HAYES HOMES Ck 133848 08 09 07 Inv erosion Line Item Date 08 08 07 08 08 07 08 08 07 08 08 07 Inv erosion Total Line Item Description Erosion escrow 2 10 Mountain View Ct Erosion escrow 208 I Melody Hill Rd Erosion escrow 6301 Near Mountain Blvd Erosion escrow 6391 Near Mountain Blvd Line Item Account 8 I 5 8202 2024 8 I 5 8202 2024 8 I 5 8202 2024 8 I 5 8202 2024 250 00 250 00 250 00 250 00 1 000 00 Ck 133848 Total 1 000 00 Page 20 212 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 michay MICHAEL HAYES HOMES Amount 1 000 00 MICHAEL HAYES HOMES 1 000 00 MIDWEST COCA COLA midcoc MIDWEST COCA COLA Ck 133917 0816 07 Iny 168048828 Line Item Date Line Item Description 07 3107 Lk Ann concession supplies Iny 168048828 Total Line Item Account 101 1540 4130 177 61 177 61 Iny 168049820 Line Item Date Line Item Description 0814 07 Lk Ann concession supplies Iny 168049820 Total Line Item Account 101 1540 4130 20846 20846 Ck 133917 Total 386 07 midcoc MIDWEST COCA COLA 38607 MIDWEST COCA COLA 38607 MIDWEST PLAYSCAPES midpla MIDWEST PLA YSCAPES Ck 133849 08 09 07 Iny 3361 Line Item Date 07 25 07 InY 3361 Total Line Item Description Engineered wood fiber Line Item Account 101 15504150 1471 83 1471 83 Ck 133849 Total 1 471 83 midpla MIDWEST PLA YSCAPES 1 471 83 MIDWEST PLA YSCAPES 1 471 83 Mighty Distributing migdis Mighty Distributing Ck 133850 08 09 07 Iny 126124 Line Item Date 07 10 07 Iny 126124 Total Line Item Description Brake cleaner Line Item Account 101 1370 4120 38 34 38 34 Iny 126655 Line Item Date 07 24 07 Iny 126655 Total Line Item Description Carburetor cleaner Line Item Account 101 1370 4120 63 64 63 64 Ck 133850 Total 101 98 migdis Mighty Distributing 101 98 Mighty Distributing 101 98 Page 21 213 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount Minnetonka Community Education MinnComm Minnetonka Community Education Ck 133918 0816 07 InY 2006 1 Line Item Date 08 15 07 Iny 2006 1 Total Line Item Description Lifeguard services at Lake Ann Line Item Account 101 1540 4300 14 245 00 14 245 00 Ck 133918 Total 14 245 00 MinnComm Minnetonka Community Education 14 245 00 Minnetonka Community Education 14 245 00 MN CHILD SUPPORT PAYMENT CTR MNCHIL MN CHILD SUPPORT PAYMENT CTR Ck 133919 0816 07 Iny Line Item Date Line Item Description 08 13 07 PR Batch 417 8 2007 Garnishment Iny Total Line Item Account 700 0000 2006 417 62 417 62 Ck 133919 Total 417 62 MNCHIL MN CHILD SUPPORT PAYMENT CTR 417 62 MN CHILD SUPPORT PAYMENT CTR 417 62 MN DEPT OF LABOR AND INDUSTRY mnlabo MN DEPT OF LABOR AND INDUSTRY Ck 133920 08 16 07 Iny july07 Line Item Date 07 3 1 07 07 3107 Iny july07 Total Line Item Description July building permit surcharge report July building permit surcharge report Line Item Account 101 1250 3818 101 0000 2022 13343 6 456 57 6 323 14 Ck 133920 Total 6 323 14 mnlabo MN DEPT OF LABOR AND INDUSTRY 6 323 14 MN DEPT OF LABOR AND INDUSTRY 6 323 14 MN FIRE SERVICE CERTIFICATION MNFIRE MN FIRE SERVICE CERTIFICATION Ck 133851 08 09 07 Iny Pilate Line Item Date Line Item Description 08 02 07 Recertification Pilate Iny Pilate Total Line Item Account 101 1220 4370 15 00 15 00 Ck 133851 Total 15 00 MNFIRE MN FIRE SERVICE CERTIFICATION 15 00 MN FIRE SERVICE CERTIFICATION 15 00 Page 22 214 MN VALLEY ELECTRIC COOP mvec MN VALLEY ELECTRIC COOP Ck 133853 08 09 07 Inv 072707 Line Item Date 07 27 07 07 27 07 07 27 07 Inv 072707 Total CITY OF CHANHAS User danielle Ck 133853 Total Ck 133922 Inv 080707 Line Item Date 08 07 07 08 07 07 Inv 080707 Total Ck 133922 Total mvec Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount Line Item Description Electricity charges Electricity charges Electricity charges Line Item Account 101 1600 4320 701 0000 4320 101 1350 4320 18 74 294 51 2 780 16 3 09341 3 09341 0816 07 Line Item Description Electricity charges Electricity charges Line Item Account 101 1350 4320 101 1350 4320 2755 97 62 125 17 125 17 MN VALLEY ELECTRIC COOP 3 218 58 MN VALLEY ELECTRIC COOP 3 218 58 MSRS MSRS MSRS Ck 133921 Inv Line Item Date 08 13 07 08 13 07 0813 07 0813 07 08 13 07 08 13 07 08 13 07 08 13 07 08 13 07 0813 07 0813 07 0813 07 08 13 07 08 13 07 08 13 07 0813 07 0813 07 0813 07 08 13 07 08 13 07 08 13 07 0813 07 08 13 07 08 13 07 08 13 07 08 13 07 0813 07 0813 07 0813 07 08 13 07 08 16 07 Line Item Description PR Batch 41782007 Post Health 05 Emplr PR Batch 417 8 2007 Post Health 3 Emplr PR Batch 417 8 2007 Post Health 3 Emplr PR Batch 417 8 2007 Post Health 05 Emplr PR Batch 417 8 2007 Post Health 05 Emplr PR Batch 417 8 2007 Post Health 05 Emplr PR Batch 417 8 2007 Post Health I Emplr PR Batch 417 8 2007 Post Health 1 Emplr PR Batch 417 8 2007 Ret Health 5 PR Batch 417 8 2007 Post Health 1 Emplr PR Batch 417 8 2007 Ret Health 3 PR Batch 417 8 2007 Ret Health 3 PR Batch 417 8 2007 Post Health 2 Emplr PR Batch 417 8 2007 Post Health I Emplr PR Batch 417 8 2007 Ret Health 5 PR Batch 417 8 2007 Ret Health 5 PR Batch 417 8 2007 Ret Health 5 PR Batch 417 8 2007 Post Health 2 Emplr PR Batch 417 8 2007 Post Health 05 Emplr PR Batch 417 8 2007 Post Health 3 Emplr PR Batch 417 8 2007 Ret Health 1 PR Batch 417 8 2007 Post Health 5 Emplr PR Batch 417 8 2007 Ret Health 1 PR Batch 417 8 2007 Post Health 2 Emplr PR Batch 417 8 2007 Post Health 7 Emplr PR Batch 417 8 2007 Ret Health 1 PR Batch 417 8 2007 Post Health I Emplr PR Batch 417 8 2007 Ret Health 2 PR Batch 417 8 2007 Ret Health 1 PR Batch 417 8 2007 Ret Health 2 Line Item Account 210 0000 2016 701 0000 2016 700 0000 2016 701 0000 2016 700 0000 2016 720 0000 2016 210 0000 2016 720 0000 2016 210 0000 2016 701 0000 2016 700 0000 2016 701 0000 2016 701 0000 2016 700 0000 2016 700 0000 2016 701 0000 2016 720 0000 2016 700 0000 2016 101 0000 2016 101 0000 2016 210 0000 2016 101 0000 2016 720 0000 2016 10 1 0000 20 16 101 0000 2016 701 0000 2016 101 0000 2016 701 0000 2016 700 0000 2016 700 0000 2016 0 21 0 27 0 28 051 0 51 0 59 145 1 91 2 70 2 71 3 61 3 61 4 62 5 05 6 69 6 72 7 75 10 63 1144 17 31 18 97 19 64 25 09 26 58 26 93 35 60 4246 60 61 65 78 138 79 Page 23 215 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 081 7 07 09 27 08 13 07 081 3 07 08 13 07 08 13 07 08 13 07 08 13 07 Inv Total PR Batch 417 8 2007 Ret Health 5 PR Batch 417 8 2007 Ret Health 3 PR Batch 417 8 2007 Ret Health 5 PR Batch 417 8 2007 Ret Health 2 PR Batch 417 8 2007 Ret Health 7 PR Batch 417 8 2007 Ret Health 1 101 0000 2016 10 1 0000 20 16 10 1 0000 20 16 10 1 0000 20 16 10 1 0000 20 16 101 0000 2016 Amount 157 09 226 16 25668 34751 352 01 576 81 2 465 28 Ck 133921 Total 2 465 28 MSRS MSRS 2 465 28 MSRS 2 465 28 MTI DISTRIBUTING INC mtidis MTI DISTRIBUTING INC Ck 133852 08 09 07 Inv 586189 00 Line Item Date Line Item Description 07 20 07 Nozzles super 800 rotor Inv 586189 00 Total Line Item Account 101 1550 4151 488 68 488 68 Ck 133852 Total 488 68 mtidis MTI DISTRIBUTING INC 488 68 MTI DISTRIBUTING INC 488 68 MX Logic rnxlog MX Logic Ck 133923 0816 07 Inv 111562 Line Item Date 08 0107 Inv 111562 Total Line Item Description Antivirus filtering service August Line Item Account 101 1160 4300 97 00 97 00 Ck 133923 Total 97 00 rnxlog MX Logic 97 00 MX Logic 97 00 NATIONAL FIRE PROTECTION ASSN nfpa NATIONAL FIRE PROTECTION ASSN Ck 133854 08 09 07 Inv 080607 Line Item Date 08 08 07 Inv 080607 Total Line Item Description Membership renewal Line Item Account 101 1220 4360 150 00 150 00 Ck 133854 Total 150 00 nfpa NATIONAL FIRE PROTECTION ASSN 150 00 NATIONAL FIRE PROTECTION ASSN 150 00 Page 24 216 NATIONWIDE RETIREMENT SOLUTION NATRET NATIONWIDE RETIREMENT SOLUTION Ck 133924 08 16 07 Inv Line Item Date 0813 07 08 13 07 0813 07 08 13 07 Inv Total CITY OF CHANHAS User danielle Ck 133924 Total NATRET Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount Line Item Description PR Batch 417 8 2007 Nationwide Retirement PR Batch 417 8 2007 Nationwide Retirement PR Batch 417 8 2007 Nationwide Retirement PR Batch 417 8 2007 Nationwide Retirement Line Item Account 720 0000 2009 701 0000 2009 700 0000 2009 101 0000 2009 50 00 340 59 37640 4 910 10 5 67709 5 677 09 NATIONWIDE RETIREMENT SOLUTION 5 677 09 NATIONWIDE RETIREMENT SOLUTION 5 677 09 O REILLY AUTOMOTIVE INC oreaut O REILLY AUTOMOTIVE INC Ck 133855 08 09 07 Inv 072007 Line Item Date 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 Inv 072007 Total Nordos Lea Nordlea Nordos Lea Ck 133925 0816 07 Inv 80458 Line Item Date 08 15 07 Inv 80458 Total Ck 133925 Total Nordlea Nordos Lea Ck 133855 Total oreaut Line Item Description Landscape fabric for Chan sign garden Line Item Account 720 7202 4300 1647 1647 1647 Nordos Lea 16 47 16 47 Line Item Description Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Line Item Account 101 1320 4140 101 1310 4140 101 1550 4140 101 1370 4120 101 1220 4120 101 1320 4120 101 1250 4140 101 1520 4140 101 1550 4120 101 1260 4140 700 0000 4140 185 62 17 03 353 14 09 3343 35 28 71 99 103 73 105 36 227 78 243 20 635 74 635 74 O REILLY AUTOMOTIVE INC 635 74 O REILLY AUTOMOTIVE INC 635 74 Page 25 217 CITY OF CHANHAS User danielle OEHME PAUL oehmpaul OEHME PAUL Ck 133926 08 16 07 Iny 081007 Line Item Date 0813 07 Iny 081007 Total Line Item Description Mileage reimbursement Ck 133926 Total oehmpaul OEHME PAUL OEHME PAUL ONVOY onyoy ONVOY Account 101 1160 4320 Ck 133927 0816 07 Iny 70802008868 Line Item Date Line Item Description 08 0107 Internet service Iny 70802008868 Total Ck 133927 Total onyoy ONVOY ONVOY PARTEK SUPPLY INC parsup PARTEK SUPPLY INC Ck 133856 08 09 07 Iny 20532 Line Item Date Line Item Description 07 25 07 Draintile Iny 20532 Total Ck 133856 Total parsup PARTEK SUPPLY INC PARTEK SUPPLY INC PC WORLD pcwor PC WORLD Ck 133857 08 09 07 Iny 080307 Line Item Date 08 03 07 Iny 080307 Total Line Item Description Magazine renewal Ck 133857 Total pcwor PC WORLD PC WORLD Accounts Payable Check Detail Report Detail Printed 08 17 07 09 27 Amount Line Item Account 101 1310 4370 5 82 5 82 5 82 5 82 5 82 Line Item Account 101 1160 4320 941 96 941 96 941 96 941 96 941 96 Line Item Account 101 1550 4150 64 97 64 97 64 97 64 97 64 97 Line Item Account 101 1160 4210 33 97 33 97 33 97 33 97 33 97 Page 26 218 POWERPLAN OIB powoib POWERPLAN OIB Ck 133858 08 09 07 Iny 25346 Line Item Date 08 0I 07 Iny 25346 Total PRAIRIE RESTORATIONS INC prares PRAIRIE RESTORATIONS INC Ck 133928 08 16 07 Iny 108800 Line Item Date 08 08 07 Iny 108800 Total CITY OF CHANHAS User danielle POSTMASTER POST POSTMASTER Ck 133813 08 06 07 Iny 080607 Line Item Date 08 06 07 Iny 080607 Total Ck 133813 Total POST POSTMASTER Ck 133858 Total powoib POWERPLAN OIB Ck 133928 Total prares Accounts Payable Check Detail Report Detail Printed 08 17 07 09 27 Amount Line Item Description Postage Chan Connection Mailing Line Item Account 101 1110 4330 1 478 04 1 478 04 1 478 04 POSTMASTER 1 478 04 1 478 04 Line Item Description Seal Line Item Account 101 1320 4120 47 15 47 15 47 15 POWERPLAN OIB 47 15 47 15 Line Item Description Bluff Creek spot mow and spray Line Item Account 720 7202 4300 1 032 11 1 032 11 1 032 11 PRAIRIE RESTORATIONS INC 1 032 11 PRAIRIE RESTORATIONS INC 1 032 11 Prestige Pools prepoo Prestige Pools Ck 133859 08 09 07 Iny erosion Line Item Date 08 08 07 08 08 07 08 08 07 08 08 07 Iny erosion Total Ck 133859 Total prepoo Line Item Description Erosion escrow 8140 Maplewood Terrace Erosion escrow 8632 Flamingo Driye Erosion escrow 2717 Longacres Driye Erosion escrow 6365 Oxbow Bend Line Item Account 815 8202 2024 815 8202 2024 815 8202 2024 815 8202 2024 250 00 250 00 250 00 500 00 1 250 00 1 250 00 Prestige Pools 1 250 00 Page 27 219 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 17 07 09 27 Prestige Pools Amount 1 250 00 PRO STAFF prosta PRO STAFF Ck 133860 08 09 07 Inv 102 669403 Line Item Date Line Item Description 08 02 07 Receptionist Inv 102 669403 Total Line Item Account 101 1120 4300 128 70 128 70 Ck 133860 Total 128 70 prosta PRO STAFF 128 70 PRO STAFF 128 70 PROTECTION ONE proone PROTECTION ONE Account 101 1540 4300 Ck 133929 08 16 07 Inv 080507 Line Item Date Line Item Description 08 05 07 alarm at Lake Ann concession stand Inv 080507 Total Line Item Account 101 1540 4300 92 66 92 66 Ck 133929 Total 92 66 proone PROTECTION ONE 92 66 PROTECTION ONE 92 66 QUILL CORPORATION quill QUILL CORPORATION Ck 133930 08 16 07 Inv 8823740 Line Item Date Line Item Description 08 02 07 Batteries paper desk cleaner Inv 8823740 Total Line Item Account 101 1170 4110 362 64 362 64 Inv 8842442 Line Item Date Line Item Description 08 02 07 Legal pads cleaning wipes Inv 8842442 Total Line Item Account 101 1170 4110 42 91 42 91 Ck 133930 Total 40555 quill QUILL CORPORATION 405 55 QUILL CORPORATION 405 55 QWEST qwest QWEST Ck 133861 Inv 080107 Line Item Date 08 0107 08 0107 Inv 080107 Total 08 09 07 Line Item Description Telephone charges Telephone charges Line Item Account 701 0000 4310 700 0000 4310 34 21 34 21 6842 Page 28 220 CITY OF CHANHAS User danielle Ck 133861 Total qwest QWEST QWEST RAMSEY COUNTY ramcou RAMSEY COUNTY Ck 133862 08 09 07 Inv COR 000979 Line Item Date Line Item Description 07 13 07 MuIch Inv COR 000979 Total Ck 133862 Total ramcou RAMSEY COUNTY RAMSEY COUNTY RBM SERVICES INC rbmser RBM SERVICES INC Ck 133863 08 09 07 Inv 12324 Line Item Date 07 3107 Inv 12324 Total Line Item Description Janitorial City Hall Public Safety Inv 12325 Line Item Date 07 3107 Inv 12325 Total Line Item Description Janitorial Library Ck 133863 Total rbmser RBM SERVICES INC RBM SERVICES INC RICOH BUSINESS SYSTEMS ricoh RICOH BUSINESS SYSTEMS Ck 133864 08 09 07 Inv H072700117 21 Line Item Date Line Item Description 07 27 07 Scanner printer annual agreement Inv H072700117 21 Total Ck 133864 Total ricoh RICOH BUSINESS SYSTEMS RICOH BUSINESS SYSTEMS Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount 6842 68 42 68 42 Line Item Account 720 0000 4130 931 88 931 88 931 88 931 88 931 88 Line Item Account 10 1 1170 4350 2409 69 2 409 69 Line Item Account 101 1190 4350 2 337 68 2 337 68 4 747 37 4 747 37 4 747 37 Line Item Account 10 1 1160 4300 321 00 321 00 321 00 321 00 321 00 Page 29 221 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount RIDGEDALE YMCA ridymc RIDGEDALE YMCA Ck 133932 0816 07 InY 2073 147 Line Item Date Line Item Description 08 14 07 T ball InY 2073 147 Total Line Item Account 101 1710 4300 2 22040 2 22040 Ck 133932 Total 2 22040 ridymc RIDGEDALE YMCA 2 220 40 RIDGEDALE YMCA 2 220 40 RIDGEVIEW MEDICAL CENTER ridmed RIDGEVIEW MEDICAL CENTER Ck 133931 0816 07 Iny 080807 Line Item Date 08 08 07 Iny 080807 Total Line Item Description Health consultations Line Item Account 101 1220 4300 111 50 11150 Ck 133931 Total 111 50 ridmed RIDGEVIEW MEDICAL CENTER 111 50 RIDGEVIEW MEDICAL CENTER 111 50 Ryland Homes rylhom Ryland Homes Ck 133865 08 09 07 InY 9291riy Line Item Date 08 03 07 Iny 9291 riy Total Line Item Description Landscape escrow 9291 Riyer Rock Dr Line Item Account 815 8201 2024 750 00 750 00 Iny 9301 Line Item Date 08 03 07 InY 9301 Total Line Item Description Landscape escrow 9301 Riyer Rock Dr Line Item Account 815 8201 2024 750 00 750 00 Ck 133865 Total 1 500 00 ry1hom Ryland Homes 1 500 00 Ryland Homes 1 500 00 Sather Tamara sathtama Sather Tamara Ck 133866 08 09 07 Iny 4203 Line Item Date 08 06 07 Iny 4203 Total Line Item Description Picnic deposit refund Line Item Account 10 1 0000 2026 200 00 200 00 Ck 133866 Total 200 00 Page 30 222 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08 17 07 09 27 sathtama Sather Tamara Amount 200 00 Sather Tamara 200 00 SCHINDLER ELEVATOR CORP sehele SCHINDLER ELEVATOR CORP Ck 133867 08 09 07 Inv 8101876296 Line Item Date Line Item Description 08 01107 Elevator service contract Inv 8101876296 Total Line Item Account 101 1170 4530 394 08 394 08 Ck 133867 Total 394 08 sehele SCHINDLER ELEVATOR CORP 394 08 SCHINDLER ELEVATOR CORP 394 08 Seaya Diving Ine seadiv Seaya Diving Ine Ck 133868 08 09 07 Inv 386699 Line Item Date 08 02 07 Inv 386699 Total Line Item Description Flashlights drysuit hangers serv kits Line Item Account 101 1220 4530 642 38 642 38 Ck 133868 Total 642 38 seadiv Seaya Diving Ine 642 38 Seaya Diving Ine 642 38 SHOREWOOD TRUE VALUE shotru SHOREWOOD TRUE VALUE Ck 133869 08 09 07 Inv 79210 Line Item Date 07 02 07 Inv 7921O Total Line Item Description Cleaning supplies Line Item Account 101 1220 4520 70 18 70 18 Inv 79211 Line Item Date 07 02 07 Inv 79211 Total Line Item Description Floor buffer rental Line Item Account 101 1220 4510 2454 24 54 Ck 133869 Total 94 72 shotru SHOREWOOD TRUE VALUE 94 72 SHOREWOOD TRUE VALUE 94 72 SIGNSOURCE signso SIGNSOURCE Ck 133870 08 09 07 Inv 13817 Line Item Date 07 23 07 Line Item Description Total watering ban signs Line Item Account 700 0000 4300 2 343 00 Page 31 223 SM HENTGES SONS smhen SM HENTGES SONS Ck 133933 0816 07 Inv 3 Line Item Date 08 03 07 Inv 3 Total CITY OF CHANHAS User danielle Inv 13817 Total Ck 133870 Total signso SIGNSOURCE Ck 133933 Total smhen SM HENTGES SONS Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount 2 343 00 2 343 00 SIGNSOURCE 2 343 00 2 343 00 Line Item Description Koehnen area reconstruction project Line Item Account 601 6016 4751 500 269 28 500 269 28 500 269 28 SM HENTGES SONS 500 269 28 500 269 28 SMITH CECE smitcece SMITH CECE Ck 133934 0816 07 Inv 2000770 002 Line Item Date Line Item Description 08 13 07 Refund sports paver pal Inv 2000770 002 Total SOUTHWEST SUBURBAN PUBLISHING sousub SOUTHWEST SUBURBAN PUBLISHING Ck 133871 08 09 07 Inv 072007 Line Item Date 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 07 30 07 Inv 072007 Total Ck 133934 Total smitcece SMITH CECE Ck 133871 Total sousub Line Item Account 101 1731 3636 32 00 32 00 32 00 SMITH CECE 32 00 32 00 Line Item Description Legals display ads Legals display ads Legals display ads Legals display ads Legals display ads Legals display ads Legals display ads Legals display ads Legals display ads Line Item Account 720 0000 4340 400 0000 1155 101 1410 4340 101 1510 4340 101 1260 4340 101 1530 4375 101 1613 4340 720 7201 4340 101 1110 4340 21 81 47 26 9748 114 00 188 10 306 00 342 00 359 10 574 97 2 050 72 2 050 72 SOUTHWEST SUBURBAN PUBLISHING 2 050 72 SOUTHWEST SUBURBAN PUBLISHING 2 050 72 Page 32 224 CITY OF CHANHAS User danielle Sports Unlimited spounl Sports Unlimited Ck 133872 08 09 07 Inv 073007 Line Item Date 08 08 07 Inv 073007 Total Jnv 4203 Line Item Date 07 3 1 07 Inv 4203 Total Ck 133872 Total spounl Sports Unlimited Line Item Description Jntro to Lacrosse Line Item Description Basketball intro Sports Unlimited STREICHER S streic STREICHER S Ck 133873 08 09 07 Jnv J447207 Line Item Date Line Item Description 07 12 07 Shirt Jnv 1447207 Total Jnv J452024 Line Item Date Line Item Description 08 06 07 Shirt tie tie bar flag Jnv J452024 Total Ck 133873 Total streic STREICHER S STREICHER S SWWC Service Cooperatives swwc SWWC Service Cooperatives Ck 133875 08 09 07 Jnv Sept07 Line Item Date 08 08 07 08 08 07 08 08 07 08 08 07 08 08 07 08 08 07 Jnv Sept07 Total Ck 133875 Total swwc Line Item Description September health ins premiums September health ins premiums September health ins premiums September health ins premiums September health ins premiums September health ins premiums SWWC Service Cooperatives SWWC Service Cooperatives Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount Line Item Account 101 1730 3636 915 00 915 00 Line Item Account 101 1730 3636 2 139 00 2 139 00 3 054 00 3 054 00 3 054 00 Line Item Account 101 1220 4240 39 99 39 99 Line Item Account 101 1260 4240 55 87 55 87 95 86 95 86 95 86 Line Item Account 210 0000 2012 101 0000 2012 720 0000 2012 701 0000 2012 700 0000 2012 101 0000 2012 568 25 807 50 1 910 38 2 37130 3 592 80 35 194 77 44 445 00 44 445 00 44 445 00 44 445 00 Page 33 225 CITY OF CHANHAS User danielle SWANSON JEAN SwanJean SWANSON JEAN Ck 133874 08 09 07 Iny 6073 I 15 Line Item Date Line Item Description 08 08 07 Dance line instructor Iny 6073 115 Total Ck 133874 Total SwanJ ean SWANSON JEAN SWANSON JEAN TECHNAGRAPHICS tecgra TECHNAGRAPHICS Ck 133935 0816 07 InY 4942011 Line Item Date Line Item Description 08 09 07 Business cards Iny 49420 II Total Ck 133935 Total tecgra TECHNAGRAPHICS TECHNAGRAPHICS TERMINIX termin TERMINIX Ck 133876 08 09 07 Iny 270331979 Line Item Date Line Item Description 0716 07 Pest control Iny 270331979 Total Ck 133876 Total Ck 133936 0816 07 InY 270933542 Line Item Date Line Item Description 08 02 07 Pest control 08 02 07 Pest control Iny 270933542 Total Ck 133936 Total termin TERMINIX TERMINIX Tews Gene Sharon Tewsgene Tews Gene Sharon Ck 133937 0816 07 InY 080607 Line Item Date 08 06 07 Iny 080607 Total Line Item Description Replace damaged water softener Accounts Payable Check Detail Report Detail Printed 0817 07 09 27 Amount Line Item Account 101 1560 4300 240 00 240 00 240 00 240 00 240 00 Line Item Account 101 1170 4110 222 84 222 84 222 84 222 84 222 84 Line Item Account 101 1220 4300 47 93 47 93 47 93 Line Item Account 101 1220 4300 101 1170 4300 69 23 117 15 186 38 186 38 234 31 234 31 Line Item Account 601 6015 4300 1 295 00 1 295 00 Page 34 226 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 08117 07 09 27 Ck 133937 Total Amount 1 295 00 Tewsgene Tews Gene Sharon 1 295 00 Tews Gene Sharon 1 295 00 THOMPSON SARA thompsar THOMPSON SARA Ck 133938 08 16 07 Iny 080807 Line Item Date 08 10 07 Iny 080807 Total Line Item Description Lake Ann camp meeting supplies Line Item Account 101 1731 4130 22 04 22 04 Ck 133938 Total 22 04 thompsar THOMPSON SARA 22 04 THOMPSON SARA 22 04 Town Country Homes at Minn TowHom Town Country Homes at Minn Ck 133877 08 09 07 Iny erosion Line Item Date 08 08 07 Iny erosion Total Line Item Description Erosion escrow refunds see attached Line Item Account 815 8202 2024 4 500 00 4 500 00 Ck 133877 Total 4 500 00 TowHom Town Country Homes at Minn 4 500 00 Town Country Homes at Minn 4 500 00 ULTIMATE MARTIAL ARTS INC ultmar ULTIMATE MARTIAL ARTS INC Ck 133943 08116 07 Iny 3707 Line Item Date 07 2107 InY 3707 Total Line Item Description Kid Smart seminar Line Item Account 101 1731 3636 168 00 168 00 Ck 133943 Total 168 00 ultmar ULTIMATE MARTIAL ARTS INC 168 00 ULTIMATE MARTIAL ARTS INC 168 00 UNITED RENTALS HIGHWAYS TECH uniren UNITED RENTALS HIGHWAYS TECH Ck 133878 08 09 07 InY 66870474 001 Line Item Date Line Item Description 07 23 07 Sandblaster InY 66870474 001 Total Line Item Account 700 0000 4410 303 37 303 37 Ck 133878 Total 303 37 Page 35 227 CITY OF CHANHAS User danielle uniren Accounts Payable Check Detail Report Detail Printed 081 7 07 09 27 Amount 303 37UNITEDRENTALSHIGHWAYSTECH 303 37UNITEDRENTALSHIGHWAYSTECH UNITED WAY UNIWA Y UNITED WAY Ck 133944 0816 07 Iny Line Item Date 08 13 07 Iny Total Line Item Description PR Batch 417 8 2007 United Way Ck 133944 Total UNIWAY UNITED WAY UNITED WAY US TOY CO ustoy US TOY CO Ck 133945 0816 07 InY 8138819701 Line Item Date 08 07 07 InY 8138819701 Line Item Description Firefighter helmets Total Ck 133945 Total ustoy US TOY CO US TOY CO VERIZON WIRELESS yerizo VERIZON WIRELESS Ck 133946 08 16 07 InY 1741052332 Line Item Date Line Item Description 08 03 07 Telephone charges Iny 1741052332 Total Ck 133946 Total yerizo VERIZON WIRELESS VERIZON WIRELESS WASTE MANAGEMENT SAVAGE WASMAN WASTE MANAGEMENT SAVAGE Ck 133879 08 09 07 Iny 4160828 2282 4 Line Item Date Line Item Description 08 0I07 Refuse hauling 08 0I 07 Refuse hauling 08 0I 07 Refuse hauling 08 01 07 Refuse hauling 08 0I 07 Refuse hauling 08 0I 07 Refuse hauling Iny 4160828 2282 4 Total Line Item Account 101 0000 2006 42 00 42 00 42 00 42 00 42 00 Line Item Account 101 1220 4375 181 92 181 92 181 92 181 92 181 92 Line Item Account 101 1220 4310 27 95 27 95 27 95 27 95 27 95 Line Item Account 101 1220 4350 101 1220 4350 101 1190 4350 10 1 1170 4350 101 1370 4350 101 1550 4350 15 99 7172 13743 173 25 198 38 1 015 13 1 611 90 Page 36 228 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0811 7 07 09 27 Ck 133879 Total Amount 1 611 90 WASMAN WASTE MANAGEMENT SAVAGE 1 611 90 WASTE MANAGEMENT SAVAGE 1 611 90 WASTE MANAGEMENT TC WEST wasma2 WASTE MANAGEMENT TC WEST Ck 133947 08116 07 InY 1666184 1593 8 Line Item Date Line Item Description 08 0107 4th of July refuse hauling City Hall Iny 1666184 1593 8 Total Line Item Account 101 1613 4410 1 872 05 1 872 05 InY 1666187 1593 1 Line Item Date Line Item Description 08 0107 4th of July refuse hauling Lk Ann Iny 1666187 1593 1 Total Line Item Account 101 1613 4410 369 14 369 14 Ck 133947 Total 2 24119 wasma2 WASTE MANAGEMENT TC WEST 2 24119 WASTE MANAGEMENT TC WEST 2 241 19 WATSON COMPANY watson WATSON COMPANY Ck 133880 08 09 07 InY 741544 Line Item Date 08 02 07 Iny 741544 Total Line Item Description Lk Ann concession supplies Line Item Account 101 1540 4130 28958 28958 Ck 133880 Total 289 58 Ck 133948 Iny 741930 Line Item Date 08 09 07 Iny 741930 Total 08 16 07 Line Item Description Lk Ann concession supplies Line Item Account 101 1540 4130 138 09 138 09 Ck 133948 Total 138 09 watson WATSON COMPANY 427 67 WATSON COMPANY 427 67 WENCK ASSOCIATES INC wenck WENCK ASSOCIATES INC Ck 133881 08 09 07 Iny 702486 Line Item Date 07 3107 Iny 702486 Total Line Item Description Nondegradation assessment Line Item Account 720 0000 4300 3 197 88 3 197 88 Iny 702487 Line Item Date 07 31 07 Line Item Description Lake Susan shoreline repair Line Item Account 720 0000 4300 3 09746 Page 37 229 CITY OF CHANHAS User danielIe Accounts Payable Check Detail Report Detail Printed 08 17 07 09 27 Iny 702487 Total Amount 3 09746 Ck 133881 Total 6 295 34 wenck WENCK ASSOCIATES INC 6 295 34 WENCK ASSOCIATES INC 6 295 34 Williams Towing wiltow Williams Towing Ck 133882 08 09 07 Iny 96738 Line Item Date Line Item Description 07 09 07 Flatbed InY 96738 Total Line Item Account 101 1260 4520 86 27 86 27 Ck 133882 Total 86 27 wiltow Williams Towing 86 27 Williams Towing 86 27 WSB ASSOCIATES INC wsb WSB ASSOCIATES INC Ck 133883 08 09 07 InY 6 Line Item Date 07 27 07 0727 07 Iny 6 Total Line Item Description Lift Station No 3 Comp Sanitary Sewer Plan Line Item Account 701 7015 4752 101 1421 4300 7 169 00 7 532 25 14 701 25 Ck 133883 Total 14 701 25 wsb WSB ASSOCIATES INC 14 701 25 WSB ASSOCIATES INC 14 701 25 XCEL ENERGY INC xcel XCEL ENERGY INC Ck 133949 08 16 07 Iny 121146787 Line Item Date Line Item Description 08 07 07 Electricity charges Iny 121146787 Total Line Item Account 101 1550 4320 236 05 236 05 InY 121183907 Line Item Date Line Item Description 08 08 07 Electricity charges InY 121183907 Total Line Item Account 101 1350 4320 2343 2343 InY 121317965 Line Item Date Line Item Description 08 07 07 Electricity charges Iny 121317965 Total Line Item Account 700 0000 4320 1 925 89 1 925 89 Ck 133949 Total 2 185 37 Page 38 230 CITY OF CHANHAS User danielle xcel XCEL ENERGY INC XCEL ENERGY INC ZEE MEDICAL SERVICE zeemed ZEE MEDICAL SERVICE Ck 133884 08 09 07 Inv 54106156 Line Item Date Line Item Description 07 30 07 First aid supplies 07 30 07 First aid supplies 07 30 07 First aid supplies 07 30 07 First aid supplies Inv 54106156 Total Ck 133884 Total zeemed ZEE MEDICAL SERVICE ZEE MEDICAL SERVICE ZOERHOF PEGGIE zoerpegg ZOERHOF PEGGIE Ck 133950 0816 07 Inv 93crc Line Item Date Line Item Description 0718 07 Pilates instructor Inv 93crc Total Ck 133950 Total zoerpegg ZOERHOF PEGGIE ZOERHOF PEGGIE Total Accounts Payable Check Detail Report Detail Printed 08 17 07 09 27 Line Item Account 700 0000 4120 101 1320 4120 101 1370 4120 101 1550 4120 Line Item Account 101 1761 3636 Amount 2 185 37 2 185 37 13 02 13 03 13 03 13 03 52 11 52 11 5211 52 11 1 245 30 1 245 30 1 245 30 1 245 30 1 245 30 1 509 060 39 Page 39 231