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CC Packet 2007 09 24AGENDA CHANHASSEN CITY COUNCIL MONDAY, SEPTEMBER 24, 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. Review Concept Plan for City-Owned Property at Highway 5 and West 79th Street (Water Treatment Plant Site); Proposed Sale to Floyd Calhoun. B. Item Deleted (Discuss Energy Audit, Johnson Controls). C. Review Draft Comprehensive Plan. D. Review Pioneer Cemetery Entry Monument. 7:00 P.M. – REGULAR MEETING, CITY COUNCIL CHAMBERS CALL TO ORDER (Pledge of Allegiance) PUBLIC ANNOUNCEMENTS E. Announce Cancellation of October 8, 2007 City Council Meeting. 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 September 10, 2007 - City Council Summary Minutes dated September 10, 2007 - City Council Verbatim Minutes dated September 10, 2007 Receive Commission Minutes: - Planning Commission Summary Minutes dated September 4, 2007. - Planning Commission Verbatim Minutes dated September 4, 2007. - Planning Commission Summary Minutes dated September 18, 2007. - Planning Commission Verbatim Minutes dated September 18, 2007. - Park & Recreation Commission Summary Minutes dated August 28, 2007 1 - Park & Receation Verbatim Minutes dated August 28, 2007 b. Goers Culvert Project 07-13: Award Contract. c. Highcrest Meadows 1st, 2nd and 3rd Additions: Accept Streets & Utilities. d. 2008 Street Rehabilitation Project 08-01: Award Consultant Contract, Authorize Feasibility Study. e. Approve Joint Powers Agreement with SWCTC for TH 5 Corridor Scoping, Analysis, Preliminary Design and Environmental Screening. f. TH 101 Street Name Change, Project 04-06. g. Neil Klingelhutz, Planning Case 07-16: Request for an Interim Use Permit to Import Approximately 43,250 cubic yards of Fill from the Highway 312 Corridor for Grading on Property Located at 8601 Great Plains Boulevard. h. Power Systems Building Expansion, 8325 Commerce Drive, Applicant: Power Systems – Planning Case 07-21: Request for Site Plan Approval for a 12,300 sq. ft. Expansion to a 27,800 sq. ft. Building. i. Audio Visual Equipment: Approve Modification to Capital Improvement Program and Award of Bid. j. Approval of Release of Land from Contract for Private Redevelopment Between the City of Chanhassen and Arboretum III Realty Partners, LLP. k. Adoption of Ordinances Amending City Code: Chapter 1, General Provisions (Definitions); Chapter 7, Buildings and Building Regulations; Chapter 18, Subdivisions; and Chapter 20, Zoning. l. Lake Riley Woods Channel Project: Approve Plans & Specifications and Authorize Advertising for Bids for Restoration and Stabilization Project. m. Approval of Mayor's Travel to Madison, Mississippi to Participate in Community Forum. 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 - None 2 UNFINISHED BUSINESS 3. Consider Appeals of Wetland Exemption Determinations, Located at the Southwest Corner of Lyman Boulevard and Powers Boulevard, Jeff Fox and Richard Dorsey. NEW BUSINESS 4. Papedis Variance, 2101 Pinehurst Drive, Applicant: Southview Design – Planning Case 07-19: Request for Variance to Hard Surface Coverage. COUNCIL PRESENTATIONS ADMINISTRATIVE PRESENTATIONS CORRESPONDENCE PACKET ADJOURNMENT A copy of the staff report and supporting documentation being sent to the city council will be available after 2:00 p.m. on Thursday. Please contact city hall at 952-227-1100 to verify that your item has not been deleted from the agenda any time after 2:00 p.m. on Thursday. GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. 1. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. 3. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. 4. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. 5. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. 3 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. 4 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952227 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 952227 1400 Fax 952227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site INIW ci chanhassen mn us A TO Todd Gerhardt City Manager Laurie Hokkanen Assistant City Manager OtISeptember192007 FROM DATE RE City owned property proposed sale to Floyd Calhoun 195 79th Street West Following the completion of Water Treatment Facility Lot 2 of the Gateway East 2nd Addition is no longer needed by the City The land approx 1 3 acres has been advertised for sale at a price of 12 sq ft Additionally the City has some excess Right of Way to the northeast of the parcel that we intend to vacate and include in the land sale Mr Floyd Calhoun of Floyd Calhoun Companies has expressed an interest in purchasing the property and building a corporate headquarters Floyd Calhoun Companies offers realty mortgage title capital and development services The company currently leases space in Edina Attached please find a draft site plan and renderings of the proposed office building The proposal includes a two story office building with a walkout The proposed site plan also includes a significant amount of open space utilizing the existing storm water pond as an amenity In the current vision Mr Calhoun would utilize one story for his company make some space available for lease and have some common space elements within the office building The office building is envisioned to be 17 000 18 000 square feet over the 3 floors The site does not have direct access to Hwy 5 or Hwy 101 Access is off of W 79th The use proposed by Mr Calhoun works well for the site given that it will not generate a large or concentrated number of trips down W 79th St If the City Council feels that this site plan and concept are a use and design that would be desirable for this piece of property staff will continue working with Mr Calhoun A purchase agreement will be drafted and executed and the site plan approval process with the Planning Commission and City Council will be commenced The sale will not close until site plan approval is obtained Mr Calhoun and representatives from Landform will be present to discuss their plans and answer questions G AdminLH General Economic Development Gateway Eat2nd Addition Block I Lot 2 County Map filesProposed sale to Calhoun staff repon 9 24 07 doc The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play5 rc l 1 CD I l1 r 0 1 1 1 f i qo fJo 1l l i i 0 10 YA 1 o I Z Dfr o jo z i I 00 o 14 SEPTEMBER 07 CHANHASSEN OFFICE BUILDING CONCEPT C 091407 J Q J J Q en en CD J 0 CD 0 OJ J Q C J Q en en c CD J zCC 6 Et4 r o Irj ru 0 y l J 0 J J 0 en en CD J 0 R CD OJ J tl C J J tl en en 0 CD J J ZQ 14 SEPTEMBER 07 CHANHASSEN OFFICE BUILDING CONCEPT C 091407 7 rc z o lt o tv o o 4 o o 14 5EPTEMBER 07 CHANHASSEN OFFICE BUILDING CONCEPT C 091407 o r Q J r Q en en CD J o R C1 CD 90J c r 0 j Cl J J C 8 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 BUilding Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 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 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 WNW c i chan hassen mn us j MEMORANDUM TO Todd Gerhardt City Manager FROM Kate Aanenson Community Development Director Paul Oehme P E Director of Public Works City Engineer DATE September 24 2007 1J SUBJ Review Draft Comprehensive Plan EXECUTIVE SUMMARY The City is required to update its Comprehensive Plan every ten years As part of the update process the City must submit the draft Comprehensive Plan to all adjacent governmental units for a review period of up to six months Prior to distributing the Comprehensive Plan for jurisdictional review staff is presenting the draft elements to City Council for an initial review Because of the size of the packet the plan will not be in an electronic format but rather a hard copy City Council reviewed the Housing Historic Preservation Natural Resources Parks and Open Space and Transportation elements at the September 10th City Council meeting The following elements will now be reviewed Introduction Land Use Sewer Water and Capital Improvements After review of the elements by the City Council any changes will be made and the plan will be put into a publishing style format for distribution Introduction The introduction provides a general overview and framework for the City of Chanhassen Comprehensive Plan Land Use The land use plan identifies appropriate locations for all types of uses and provides for the orderly expansion of municipal services through the Metropolitan Urban Service Area MUSA phasing plan The land use plan provides the framework for the way the land is used The plan deals with the following issues Development influences on the City The estimated consumption of land in five year increments Comparison of the 2020 Land Use Plan and the 2030 Land Use Plan a separate sheet reviews the list of proposed changes to the land use map Discussion of each of the land use designations An extensive section of the proposed commercial districts resulting from the Chanhassen Retail Market Study is included 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 play9 Mr Todd Gerhardt Comprehensi ve Plan Review September 24 2007 Page 2 of 3 MUSA staging It should be noted that the land use element incorporates two MUSA stages 2010 and 2015 The Sewer Element contains three stages 2010 2015 and 2020 Goals and Policies Sanitary Sewer The Sanitary Sewer Comprehensive plan covers the future extensions of municipal service to future development areas The plan deals with the following issues Organized and cost effective plan to extend sewer service to development areas of the community o Plan is based on anticipated land use population growth and anticipated growth corridors Maintenance and upkeep of the existing sanitary sewer infrastructure Reduction efforts for Inflow and Infiltration Capital Improvements Plan Water The Water Comprehensive plan covers the future extensions of municipal service to future development areas The plan deals with the following issues Organized and cost effective plan to extend water service to development areas of the community o Plan is based on anticipated land use population growth anticipated growth corridors and estimated future water demand Future needs for wells storage and treatment facilities Maintenance and upkeep of the existing water infrastructure Capital Improvements Plan Capital Improvements This element contains a summary of the capital improvements that are estimated to implement the Comprehensi ve Plan for the next ten years It pulls together the recommendations of the various elements to provide an overview of the capital costs The Capital Improvement element is designed to show the magnitude and timing for the construction of public improvements and provide a guide for future capital budgeting in the community However the City will adopt a separate five year capital improvement program annually RECOMMENDATION Staff requests that City Council review the elements and provide comments and direction for any changes to the elements Staff requests that City Council authorize the distribution of the Comprehensive Plan for jurisdictional review 10 Mr Todd Gerhardt Comprehensive Plan Review September 24 2007 Page 3 of 3 ATTACHMENTS 1 Land Use Amendments Map Narrative 2 Draft Chapters of the Comprehensive Plan Introduction Land Use Sewer Water Capital Improvements g plan2008 comp plan draft comp plan cc cover intra land use sewer water cip doc 11 City of Chanhassen Land Use Amendments Discussion Parcels Potential Fire Station Potential Support Commerical w s September 18 2007 G EnglJol enPlanning BobLU Issues 12 Land Use Amendment Properties Narrative 1 Hidden Creek Meadows 7 29 acres of wetlands that were dedicated to the City with the subdivision Amend from Residential Low Density to Parks and Open Space 2 6450 Minnewashta Parkway 347 acres guided Public semi public zoned RSF property adjacent to Fire Station 2 Amend from Public Semi Public to Residential Low Density consistent with surrounding land use and zoning of property 3 Holy Cross Lutheran Church 4151 Hwy 7 approximately 8 1 acres guided Public semi public zoned RSF Amend from Public Semi Public to Residential Low Density consistent with surrounding land use and zoning of property 4 6330 and 6440 Hazeltine Boulevard 2 16 and 6 55 acres guided Residential low density These parcels access directly to Highway 41 This area may be appropriate for an office and medium density development to transition to the residential to the west Amend the north parcel from Residential Low Density to Residential medium Density and Office Amend the south parcel from Residential Low Density to Residential Medium Density 2 91 acres as part of the Pinehurst development were donated to the City for permanent open space Amend from Residential Low Density to Parks Open Space 5 6515 Yosemite City acquired the 3 56 acre property for storm water ponding purposes The majority of the site is wetland Amend from Residential Low Density to Parks and Open Space 6 6815 Lucy Ridge Lane This 6 67 acre site was donated to the City as part of the Lake Lucy Ridge development The site contains a storm water pond trail and wetlands Amend from Residential Low Density to Parks and Open Space 7 2070 Lake Harrison Road This 1 54 acre site is the location of the west water treatment plant Amend from Residential Low Density to Public Semi Public 8 6840 Hazeltine Boulevard and 7010 7060 and 7100 Ches Mar Drive 2 04 0 95 0 96 and 0 91 acres guided parks and open space zoned RR contain single family homes outside of the regional park Amend from Parks and Open Space to Residential Large Lot This land use will not permit the future subdivision of the properties 9 7140 Gunflint Trail These outlots which total 43 acres were dedicated to the City as part of the Highcrest Meadows development and contain wetlands and storm water ponds Amend from Residential Low Density to Parks and Open Space 10 Parks Open Space corridor 19 83 acres along the Metropolitan Council sewer line from Lake Harrison to Lake Ann amend from Parks and Open Space to Residential Low Density 1 13 11 Dogwood Road guided Residential Large Lot zoned RSF Fourteen lots within the Sunset Hill on Lake Minnewashta subdivision containing 16 24 acres Amend From Residential Large Lot to Residential Low Density consistent with surrounding land use and zoning of property 12 Tanadoona Dr and Highway 41 guided medium density residential zoned PUD R 10 38 acres of permanent open space Arboretum Village Amend from Residential Medium Density toParks and Open Space for the conservation area 13 Residential Low Density lands within the Bluff Creek headwaters amend to parks open space Outlot A Highlands at Bluff Creek 1 82 acres Outlots E and G Arboretum Village 39 2 acres Outlot A Vasserman Ridge 2nd Addition 234 acres Amend from Residential Low Density to Parks and Open Space 14 7750 West 78th Street The City has previously reviewed this property for an office development which was granted concept PUD approval This 8 09 acre site serves as a transition from Highway 5 to the residential areas to the north Amend from Residential Low Density to Office 15 2191 2201 and 2211 West 78th Street These parcels are guided Park and Open Space and Commercial Outlots A and B shall be guided Parks and Open Space Lots 1 2 shall be guided Commercial only Outlot A Walnut Grove 2nd 0 94 acres and Outlot I Walnut Grove 4 53 acres are within the Bluff Creek primary zone that were dedicated to the City with the subdivisions 16 1680 West 78th Street The Gorra property 32 55 acres is guided Residential low and medium density Amend to Residential medium density only 17 Fox Hollow 13 34 acres Guided Public Semi Public A wetland complex adjacent to Lotus Lake and Highway 101 Amend from Public Semi Public to Parks and Open Space 18 3160 82nd St W 10 acres purchased by the Minnesota Landscape Arboretum guided residential large lot and surrounded by public semi public lands Amend from Residential Large Lot to Public Semi Public 19 2020 Coulter Boulevard Family of Christ Lutheran Church 5 77 acres of parks open space and office industrial Amend Lot 1 Block 1 Family of Christ Lutheran Church Addition to office industrial only 20 1891 Coulter Boulevard Creek Five Associate 21 73 acres of parks open space and office industrial Amend to officelindustrial only the land not within 100 feet of the east branch of Bluff Creek or within 50 feet of the drainage way east of the east branch 2 14 21 McGlynn Park Outlot A 2 27 acres parks open space and office industrial Amend to office industrial only 22 General Mills Outlot A Townhomes At Creekside 343 acres of Parks open space and office industrial Reduce the parks and open space corridor to within the Bluff Creek overlay district primary zone and within 100 feet of the east branch of Bluff Creek 23 Autobahn MotorPlex 24 04 acres of parks open space and officeindustrial Amend the parks and open space to those lands within the Bluff Creek overlay district primary zone which the City received a conservation easement with the approval of the project 24 Park Road and Powers Blvd 50 13 acres of officeindustrial This area is part of the retail market study commercial land use study Lot 1 Block 1 Park Two 2nd Lot 1 Block 2 Park Two Lots 1 3 Block 5 Chanhassen Lakes Business Park Lots 1 and 2 Block 3 Chanhassen Lakes Business Park Lots 1 and 2 Block4 Chanhassen Lakes Business Park Amend from Office Industrial to Commercial 25 650 Lake Drive Southwest comer of Market Blvd and Highway 5 Lot 1 Block 3 Chanhassen Lakes Business Park 2nd 2 99 acres guided parks and open space but zoned lOP The western portion of the site contains a wetland The eastern portion of the site contains developable upland Amend from Parks and Open Space to Office Industrial 26 Northeast comer of Highway 5 and market Boulevard Outlot B Crossroads Plaza 1 75 acres guided commercial containing a storm water pond Amend form Commercial to Parks and Open Space 27 West 79th Highway 5 and Highway 101 Water Treatment Plant and vacant lot and Lake Drive East and Dakota Avenue south of Highway 5 Sinclair and City parcel 6 16 acres guided parks and open space or commercial but a City park adjacent to pedestrian bridge zoned Highway and Business Services District BH Amend the 0 75 acres Lot 1 Block 6 Hidden Valley from Commercial to Parks Open Space the 241 acre water treatement site Lot 1 Block 1 Gateway East 2nd from Commercial to Public Semi Public and 2 99 acres Outlot 1 Chanhassen Estates and Lot 2 Block 1 Gateway East 2nd from Parks and Open Space to Commercial 28 18651 18751 Lake Drive East Lots 1 2 and part of3 Block 1 Southwest Technology Center 14 91 acres guided office industrial and residential medium density This site is developed with office warehouse buildings Amend land use to eliminate the residential medium density 29 8845 Lyman Boulevard Chanhassen High School and Chaska Electric sites 104 8 acres guided Office Industrial Amend from OfficeIndustrial to Public Semi Public 30 Northwest comer of Audubon Road and Lyman Boulevard Outlot A Sun Ridge 3rd 849 acres guided Residential Large Lot owned by the City a part of the Bluff Creek corridor Amend from Residential Large Lot to Parks and Open Space 3 15 31 9111 Audubon Road 64 2 acres guided parks open space and office industrial Amend the parks and open space to only those lands within the Bluff Creek overlay district primary zone 32 The Preserve Residential low density and medium density and parks open space 5432 acres Amend the parks and open space to those lands within the Bluff Creek overlay district primary zone and eliminate the Residential low density land use 33 1551 Lyman Boulevard Residential low and medium density 38 53 acres This area is included within the Study Area for potential retail expansion in the community Amend from Residential Low and Medium Density to Commercial and Office 34 South of Lyman Blvd at Powers Blvd Residential low density and medium density 24 55 acres This area is included within the Study Area for potential retail expansion in the community Amend the portion of the property west of Powers Boulevard from Residential Low and Medium Density to Commercial and Office 35 8610 Lyman Boulevard 58 96 acres guided Residential Low Density This entire site was purchased by MnDOT as part of the Highway 212 project The property is split by Highway 212 The majority of the site contains wetlands The portion of the site west of Highway 212 at Lake Susan Drive is a potential site for a satellite fire station Amend the property from Residential Low Density to Agriculture with a note that the site is a potential fire station location 36 South of Lyman Boulevard west of the Powers Boulevard and Highway 312 interchange Residential low and medium density 54 07 acres The site is included within the Study Area for potential retail expansion in the community Amend from Residential Low and Medium Density to Commercial and Office 37 Outlot E Mission Hills 8 66 acres guided mixed use This area was designated as part of the Planned Unit Development for neighborhood commercial uses Access is limited to West 86th Street As such it is not a good candidate for commercial uses Therefore the City may want to look at either office or additional medium or high density residential uses for the property 38 Outlot C North Bay The City received this 148 acre site as part of the North Bay development for a park site Amend from Residential High Density to Parks and Open Space 39 Liberty on Bluff Creek and 1701 Pionner Trail 48 33 acres guided parks and open space residential medium density and officelindustrial Amend the land to Residential Medium Density within the platted lots of Liberty at Bluff Creek and the parcel on Pioneer Trail and Parks and Open Space for those lands within the Bluff Creek overlay district primary zone owned or controlled by the City Eliminate the office industrial land use 4 16 40 1600 Pioneer Trail Property within Pioneer Pass north of Pioneer Trail and west of new TH 212 17 16 acres within the Bluff Creek primary zone guided Parks and Open Space which should be guided Residential Low Density since the City does not own or control the property yet 25 11 acres adjacent to Pioneer Trail guided Residential Medium Density and OfficeIndustrial which should be OfficeIndustrial only 41 1371 Pioneer Trail 9 18 acres guided Residential Medium Density Parks and Open Space and Office Eliminate the Parks and Open Space designation since the City does not own or control the property yet Eliminate the Residential Medium Density designation The property will be guided Office similar to the balance of the site adjacent to TH 212 42 East of Powers Blvd and south of the Highway 312 interchange guided for Residential Low Density This area is typographically and vegetatively separated from the remainder of the parcel to the east Amend approximately 10 acres from Residential Low Density to Office 43 1560 Bluff Creek Drive The area within the Bluff Creek primary zone is guided Parks and Open Space which should be guided Residential Low Density since the City does not own or control the property yet Amend the Parks and Open Space to Residential Low Density 44 Bluff Creek Golf Course and adjacent residential properties 158 16 acres guided public semi public and residential low density Amend to Residential Low Density only 45 Halla Nursery 24 28 acres guided residential large lot With the extension of urban services to this area this area could develop with suburban type densities Amend from Residential Large Lot to Residential Low Density 46 Property south of Pioneer Trail and east of Highway 101 guided large lot residential includes the golf short course and residences south of the golf With the extension of urban services to this area this area 84 77 acres could develop with suburban type densities Amend from Residential Large Lot to Residential Low Density 47 The properties on Mandan Circle 40 94 acres guided large lot residential These properties currently do not meet the minimum lot size for Residential Large Lot development Amend from Residential Large Lot to Residential Low Density 48 Vogelsberg Trail guided residential large lot With the extension of urban services to this area this area could redevelop These properties currently do not meet the minimum lot size for Residential Large Lot development Amend from Residential Large Lot to Residential Low Density 5 17 49 Outlot E Settlers West As part of the development the City was deeded 20 94 acres of bluffs and open space This area is currently guided Residential Low Density Amend from Residential Low Density to Parks and Open Space 50 Moon Valley Gravel Mine and adjacent parcels south of the Hennepin County Regional Trail Corridor and north of Flying Cloud Drive This 724 acre area is guided residential medium and high density Amend to Residential High Density only 51 1425 Bluff Creek Drive This parcel of 21 61 acres is guided parks and open space and residential large lot However the City does not own or control the land Amend to Residential Large Lot only 52 These parcels containing 18 93 acres are bounded by the Hennepin County Regional Trail Corridor Flying Cloud Drive Bluff Creek Drive and Highway 101 are guided residential medium and high density Amend from Residential Medium and High Density to Office 53 Seminary Fen 82 86 acres guided parks and open space and office The critical environmental areas of the site will be protected through City ordinance regulating wetlands Eliminate the Parks and Open Space designation since the City does not own or control the property yet 54 486 29 acres south of Flying Cloud Drive and west of Highway 101 guided parks and open space and residential large lot The area outside the flood plain may be appropriate for re guiding to more intensive uses if serviceable by City sewer The flood plain area is proposed for an Agricultural land use The non flood plain areas west of Bluff Creek Drive are proposed for Residential Large Lot The non flood plain areas east of Bluff Creek Drive are proposed for Office 55 575 and 615 Flying Cloud Drive Automobile Dealership and Motel These sites containing 3 1 acres are guided for Parks and Open Space and Residential Large Lot Amend to Office Industrial 56 285 Flying Cloud Drive Salvage yard 5 83 acres guided parks and open space and Residential Large Lot Amend to Office Industrial 57 East of 101 west of Rice LakeThis area containing 101 acres is guided for parks and open space and Residential Large Lot Amend to Agriculture 58 and 59 These to points represent areas where support commercial uses are appropriate to service the surrounding area These sites will be limited in size and scope As part of the development review for 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COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Bob Generous, Paul Oehme, Todd Hoffman and Sgt. Peter Anderley UPDATE ON 2007 SHERIFF'S DEPARTMENT WORK PLAN. Sgt. Peter Anderley reviewed the following items from the 2007 Work Plan: Law enforcement records, reports and deputy accountability under Contract Administration; Business contacts, Project Leadfoot, traffic enforcement and education, parks, lakes, juvenile violations, gang activity and emergency preparedness under Law Enforcement Operations; Rental housing, and crime prevention programs under Crime Prevention and Public Safety Education; and community events and corporation public relations position under Community Involvement and Participation. He reviewed the goals that had been set for 2007 and the vision for 2008. Mayor Furlong asked about feedback from local businesses on visits made by the sheriff's department. Councilman Peterson asked for clarification on the timeline for the addition of an additional deputy and investigator in 2008. Councilwoman Ernst asked for clarification on the numbers of calls for service in 2005 compared to 2006. UPDATE ON WATER SUPPLY. Todd Gerhardt provided an update on the status of the wells that remain out of operation. Ray Willow with Barr Engineering gave a power point presentation reviewing the metro area aquifer system and an explanation of what happened to the production levels of wells 5, 6, 2 and 11. Mayor Furlong asked for clarification of the different construction types for wells 10 and 2. Councilwoman Tjornhom asked about the differences between retrofitting versus drilling deeper for wells 2, 5 and 10. Councilman Litsey asked about the procedure that would be followed if wells are abandoned. Ray Willow's recommendations would be to lower Well 2 into the Jordan Aquifer, install a new well and abandon Well 5, investigate the redevelopment of the well at the Minnetonka Middle School West site, create a pumping schedule, lower Well 3 into the Jordan Aquifer and make changes to the sprinkling ordinance specifying times for watering versus the odd/even schedule. Council members discussed locations and options for well redevelopment, construction and operation. Paul Oehme informed the council of the DNR's appropriation of 1.2 billion gallons to the city, noting the city currently is at 1.1 billion. Councilwoman Ernst asked about available funding. Mayor Furlong noted that if 5 and 6 are deemed unreliable, he challenged staff to find location options for replacement next year. Todd Gerhardt informed the council that the process takes approximately 6 months. Councilwoman Ernst asked about life expectancy for wells. Ray Willow noted that if they are maintained and serviced properly, they should last forever. Mayor Furlong asked for clarification on the changes needed for the 24 City Council Work Session - September 10, 2007 2 ordinance, noting the city needs to address supply, but also needs to educate the public on conservation measures to lower demand. Todd Gerhardt clarified that replacement and new construction of wells would be a separate capital project than conservation education. Ray Willow noted that the DNR looks at capacity, not number of wells for replacement. The work session was recessed at 6:50 p.m.. It was reconvened at 8:20 p.m.. REVIEW DRAFT COMPREHENSIVE PLAN. Kate Aanenson reminded council that the comprehensive plan update is a vision statement of where the city is heading in the future taking into account population projection numbers from the Met Council. She showed the layout format and schedule for the review process. Land Use and Sewer and Water Chapters are the only chapters still being worked on. Under the Park and Rec Chapter, Todd Hoffman reviewed the need for additional athletic fields, and additional community park. He reviewed the history of acquiring and developing parkland, the trail system, programming, and future trends and anticipated needs. Councilman Litsey asked for clarification on when and where sidewalks are required. Mayor Furlong suggested color coding the golf courses in the city and asked how the wish list in the comp plan is transformed into action and prioritized. Kate Aanenson continued with review of the Historic Preservation Chapter. Mayor Furlong clarified that historic sites will not necessarily become public entities. Kate Aanenson continued her presentation reviewing the Housing Chapter, showing the number of existing and projected housing types in the city. Councilwoman Ernst asked if the city is seeing an impact from the mortgage and foreclosure situation on the rental market. Under the Natural Resources chapter, Kate Aanenson outlined requirements and how they are being addressed. Bob Generous presented information from the Transportation chapter, using traffic projection numbers provided by Carver County. Kate Aanenson clarified how all chapters tie into the population numbers. Mayor Furlong asked for clarification on the employment numbers versus housing numbers and potential sites that need to be studied i.e. Powers Boulevard and Highway 5 and Highway 101 north of Highway 5. Bob Generous continued his presentation forecasting future capacity and infrastructure needs, transit options i.e. light rail, commuter rail and bus, the new river crossing and potential funding sources. Mayor Furlong passed out a handout from a meeting he attended regarding transportation issues. Mayor Furlong adjourned the work session at 9:45 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 25 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES SEPTEMBER 10, 2007 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Greg Sticha, Paul Oehme, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd 7302 Laredo Drive Chris Sohns Chanhassen PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes. e. Approval of Site Plan Review for Auxiliary Parking, Paisley Park, 7801 Audubon Road. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: None. 1(C). THE PRESERVATION AT BLUFF CREEK 2ND ADDITION, PROJECT 07-11: APPROVE CHANGES TO GRADING PLAN. Paul Oehme provided background information for this item. Rick Dorsey requested that the item be tabled until a solution to the elevation for the street touch down into his property is created that all parties can agree upon. Mayor Furlong clarified that Mr. Dorsey stated he would allow the applicant to grade on his property in order to build a 4 foot retaining wall rather than the proposed 7 foot retaining wall. He asked staff for clarification on the status of the preliminary plat approval. Rick Dorsey asked for clarification on the status of the retaining wall which he stated was not part of the preliminary plat approval. Mark Sonstegard, the Land Development Manager for Ryland Homes addressed the issues of mass grading the site for Phase II and discussions and agreements made with Mr. Dorsey regarding the location of the stub street and height of the retaining wall. The council discussed the confusion over what was approved 26 City Council Summary - September 10, 2007 2 with the preliminary plat. Justin Larson with Westwood Professional Services, who prepared the plans, explained what was and was not on the preliminary plat and what's included with the current grading plans. Debbie Lloyd, 7302 Laredo Drive reiterated the discrepancies in what was presented to the council and what was shown on the plans on the City's web site when the preliminary plat was approved. Brian Sullivan with Ryland Homes addressed the issue brought up by Debbie Lloyd regarding the difference in lot numbers. After comments and discussion by the council, staff and Mr. Dorsey, the following motion was made. Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the changes to the grading plan for The Preserve at Bluff Creek 2nd Addition, and to allow a 4 foot retaining wall with a temporary grading easement. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF CERTIFICATION OF MAXIMUM PROPOSED LEVY TO CARVER COUNTY AUDITOR. Greg Sticha presented the staff report on this item. Mayor Furlong asked staff to discuss the preliminary budget in terms of service levels. After council discussion and comments, the following motion was made. Resolution #2007-55: Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council set a preliminary levy of $9,854,965 and approve total general fund expenditures of $9,336,200 for the 2008 preliminary budget and levy. All voted in favor, except Councilwoman Ernst who opposed, and the motion carried with a vote of 4 to 1. COUNCIL PRESENTATIONS: Councilwoman Tjornhom thanked the fire department for showing the new fire truck to council members. Mayor Furlong thanked the Park and Rec department and commission for their efforts with the Dave Huffman Memorial Race. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt provided an update on the construction of the new Chanhassen High School. CORRESPONDENCE DISCUSSION. None. Councilwoman Ernst moved, Councilman Litsey seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:10 p.m.. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 27 CHANHASSEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2007 Mayor Furlong called the meeting to order at 7:00 p.m.. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman Ernst, Councilwoman Tjornhom, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Laurie Hokkanen, Greg Sticha, Paul Oehme, and Todd Hoffman PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd 7302 Laredo Drive Chris Sohns Chanhassen PUBLIC ANNOUNCEMENTS: Mayor Furlong: Good evening and welcome to everybody, for those here in the council chambers as well as those watching at home. We're glad you joined us. At this time, without objection, we'll proceed with the agenda as distributed with the council packets and I'd like to move onto the first item on the agenda which is our consent agenda item. CONSENT AGENDA: Mayor Furlong: At this point looking at it we have 3 items remaining, (a), (c) and (e). Mr. Gerhardt you wanted to separately discuss (c), is that correct? Todd Gerhardt: That's correct Mayor. We just want to make one modification to the staff report. Mayor Furlong: Okay, thank you. With that, is there, I guess (a) and (e) are the two remaining. Is everybody okay with those to continue on the consent agenda or is there anyone else here either in the audience or on council who'd like to remove one of those items? Rick Dorsey: Mayor, council members. Rick Dorsey, 1511 Lyman Boulevard. 1(c), I just wanted to make sure it's available for me to speak to. Mayor Furlong: That's fine. Okay, anything else? If not, is there a motion to adopt items 1(a) and (e)? Councilman Litsey: So moved. Mayor Furlong: Thank you. Is there a second? 28 City Council Meeting - September 10, 2007 Councilwoman Ernst: Second. Mayor Furlong: Moved and seconded. Any discussion? Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes. e. Approval of Site Plan Review for Auxiliary Parking, Paisley Park, 7801 Audubon Road. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Do you want to pick up 1(c) right after visitor presentations? Todd Gerhardt: Yeah, I think that's appropriate. Mayor Furlong: That's an unfinished business item. VISITOR PRESENTATIONS: None. 1(C). THE PRESERVATION AT BLUFF CREEK 2ND ADDITION, PROJECT 07-11: APPROVE CHANGES TO GRADING PLAN. Mayor Furlong: Mr. Oehme, we'll start with your update and then have opportunity for Mr. Dorsey's public comment. Paul Oehme: Sure. Thank you. City Council members, this item is just a request by the developer to modify the existing grading plan as has been previously approved. Approximately 43,000 cubic yards of excess material on site that the engineer did not anticipate. He would like to utilize the existing development to re-grade the property so material would not have to be hauled off site. He has submitted a grading plan and staff has reviewed that grading plan and has gone back and forth on several modifications and the plan before you tonight is we feel the best plan that we can come up with in terms of how to shape the site. The future development so the issue recently has Mr. Dorsey, the property owner to the east has raised some concerns about the grading and some of the touch down points in terms of the road and specifically a retaining wall along and adjacent to the development property. Just for background sake, Ryland Homes did meet with Mr. Dorsey I think back in May of some time and the issue at that time again was the road, the stub road. Mills Road. The elevations and the grade of that street. Mr. Dorsey requested a few modifications to that road and then also the retaining wall previously was about 12 feet high in one section. Mr. Dorsey did not, he can speak to this but he requested that that road, or that that retaining wall be lowered as you may recall under the second phase approval process. The applicant again did meet with him and we're trying to work out an agreement in terms of try to reduce the height of that wall and just recently today we did have a conversation on the phone with Mr. Dorsey and the developer and you know we have initially identified the potential to reduce that wall to under 4 feet. The only issue there is if we can reduce it under 4 2 29 City Council Meeting - September 10, 2007 feet but we would have to grade into private property. Mr. Dorsey's property to accommodate his request so. Back in May when the developer and Mr. Dorsey did meet, that was originally the idea. Since then there's been some ancillary requests that have been made to the developer that I guess at this time, and the developer can address this but I guess he's not to the point to make additional modifications to his plat and the development based upon the requests of Mr. Dorsey. So at this time the request before you tonight is to change the grading plan as proposed in your packet and basically another change would be to have Mr. Dorsey and the developer work together on reducing the height of that wall for, you know to accommodate both the development and the future development of Mr. Dorsey's property. So if you have any questions regarding that. Mayor Furlong: Okay, any questions for staff at this point? Okay. Alright. Mr. Dorsey, you wanted to make some comments. Rick Dorsey: Mayor, members of the council. I'm here tonight to ask you to table this item until an actual solution is created that we're in agreement to. If you recall back in May of, I think it's about the 14th, the Ryland Group came in and wanted to get a plat approval for Phase II. They also requested to go into Phase III area and do grading. An approval, my understanding was made subject to Ryland and myself coming to an agreement regarding a wall that was not originally in the plan that we saw and to come into an agreement on that so their approval, my understanding was, that it was subject to that. I met with the Ryland people, Mark Sonstegard in May, I think it was about the 23rd of May and, on the site. I suggested a solution which we agreed to in principle for the retaining wall itself being I would allow him to back grade into my property so that we could reduce that wall down to 4 feet. That was at that point in time a letter was drafted and sent to the city staff. As well it identified another issue that we're concerned with. It was a stub road. Mills Road coming into my property. It happens to come into my property and I don't know if Paul has some maps here he can bring up, put up here. Do you have the big ones so you can show the? The concern is that the stub road comes into my property at the highest point, which definitely will create a problem someday when my property develops in that this road will come into the property. This is the segment we're talking about right here. At the property line is about 938 feet where it comes in. Right, I don't know if you can see here but the contours, there's a knoll here. Flattens out and then drops down and no different than, what we found is no different than on the Ryland development in order to put roads in at a future date, there will be grading issues and we'll likely have to take our grade down the same way that they had to take their's down. In doing so we'll be looking at an elevation of approximately 929, or 25 feet. They're going to come in at this spot and leave it for me at 938. That leaves about a 15 foot drop to 20 foot drop in that area, not knowing exactly what it will be. I guess I have an option of be sarcastic of putting a bridge across. Leaving it there. Putting walls up and having a big bridge go into the property. It is, what it is, it's a knoll that goes straight in a ways and it's a remnant of when they rebuilt Lyman Boulevard back in 1981. They shaved the top of the hill off and used the fill for the road, so there's a remnant there and it drops off to either side. Our feeling is having the road tie in right there really makes it very difficult in the future for us to think about any planned development. Our recommendation was that we try and seek a solution that would provide another location for that road to come into the property, which is something I've actually talked about many times in the past. Preference would be with the rest of their plan would have been to line up with this road here, come in where the elevations down on their 3 30 City Council Meeting - September 10, 2007 property to about 920 and 932 on our property with the understanding that our's will have to probably be cut down to that same 920 level. Short of that, if you can imagine it, what you're going to see is coming onto my property is to be low and come up to this plateau or where the road's going to come in. Breaking up whatever you could look at there as far as the neighborhood, making it difficult to deal with compared to on other developments that are there. If you remember way back we talked about trying to put a road on the property line so that wouldn't be an issue. That didn't work out so we're at where we are today and so what I would like is in that Phase III is only part of a concept plat, or plan I should say. There's been no final plat for Phase III and Phase II, my understanding again was that it was approved subject to us coming to an agreement and to my knowledge we haven't come to an agreement. So I don't know where the City's at with that. I'd like to know where the City is at with that because I wasn't notified that there was an agreement formally, and if there was the plan that's being presented tonight requests that the walls remain at 7 feet high. The reason why of getting it down to 4 feet is because then there wouldn't have to be a fence on top of it. A safety fence and as well the taller the wall is in the future, if we have to bring our grade down to the same level as their's, you're going to end up with a wall being there someday in the future that's in the back yards of these homes right here that won't disappear. So I've made available land to allow them to grade back into it to try and resolve that. I think we can resolve the wall part of it, so really the area of concern for me is this area right here at this point in time and so with the past history then, we do and then figure out what we're going to do afterwards with what's gone on here. My preference is that we plan what's going to go on and then do it so that as we get into final platting of that area, in that it is not final platted today, there's options available is what my point is. So rather than approving it and moving forward, like we have a solution, I'd prefer to hold off until we do have that solution. Any questions? Mayor Furlong: Yeah, just a quick question. With the, so you're okay with them moving to a 4 foot wall. Your development of a wall there of 4 feet… Rick Dorsey: I'll provide them space to back grade on my property so we can do that for the benefit of the future of the area. Mayor Furlong: Okay, and I think that was one of the issues that we had looked. That the private parties seek a private solution on that. With regards to the stub road, I recall that we talked about that at the time of the preliminary plat. That was one of the issues that you had brought up. As far as the location there. Rick Dorsey: When we were talking about the preliminary plat, what we talked about was a road going along the property line so that we'd have a division between the two properties and we wouldn't necessarily have a road depicting one spot to go into the property. If we would have had a road going along the property line that is here, you could have tied into it at any one of a number of spots. That was what it was and that didn't happen. We're left with one spot. Like I say, the location or choice of that is, was a concept plat, or plan approval. Not a plat approval for Phase III. We have time to look at it. We see that there is a problem with it coming into our property and we'd like to have time to work on that before we keep approving plans and make it so that down the road in the future there's nothing there. I mean I provided solutions, possibilities. You know we'd like to present those to you or somebody to. 4 31 City Council Meeting - September 10, 2007 Mayor Furlong: Well let me clarify something. I mean there's a difference between a concept plan and preliminary plat, isn't there…help me understand. Make sure we're using the correct terminology. Roger Knutson: I believe there was a preliminary plat approved by this council. Mayor Furlong: And that was for the entire development in different phases? Roger Knutson: That's correct. Mayor Furlong: Okay. Roger Knutson: Mayor, so you know, when you give preliminary plat approval, as you said, it is not a concept approval. Preliminary plat approval says you've granted approval subject to complying with the conditions of that approval. You really don't have the, you really can't go back and redesign the plat, or the council can't force a redesign of the plat after the fact. You've given that approval and that approval sticks. You have the rights to that approval assuming they comply with the conditions of approval. Mayor Furlong: Okay. Rick Dorsey: So if I hear you correctly, I mean that wall was not in the preliminary plat so it shouldn't be there at all? Or is that something that can be negotiated now going forward or, I don't understand that part of it. Roger Knutson: I was referring to the stub street. Rick Dorsey: Okay. Well, the other part was not there. Is that the same application is allowed? Mayor Furlong: I guess that was one of the questions raised. Was it allowed? Roger Knutson: Mayor, at that point it's my understanding that you wanted to work out the details of that wall and you didn't make a final decision on it. Initially you said, developer go and talk to your neighbor and see if you can work something out. That's fine as an initial approach but ultimately if they can't agree, you can't delegate authority to a neighbor to make decisions. You can say try to work it out but if they can't work it out to their mutual satisfaction, then the council has to make a decision on it. Mayor Furlong: But it sounds like on the wall you have, you're okay with the 4 foot and allowing that. Rick Dorsey: I'm willing to work with that if they're willing to work with the other issue that's there I guess. I mean we talked about the whole property line is what we talked about that the grading along the property line because we never saw a grading plan and you know the preliminary grading plan as best I saw was not the same plan that they're working off of now. 5 32 City Council Meeting - September 10, 2007 Mayor Furlong: Okay. Alright. Any other questions for Mr. Dorsey at this point? Is a representative from the applicant here? Ryland Homes here. Any comments you'd like to make? Mark Sonstegard: Good evening Mr. Mayor, City Council members. My name's Mark Sonstegard. I'm the Land Development Manager for Ryland Homes. I think just to clarify we've got a little bit of two separate items, yet they're the same item going on right now. Ryland, we've been mass grading the second phase of the Preserve and as they're working through the mass grading of the second phase we found out that we're running long on material. We approached staff. We went through a couple different plans to accommodate the extra material and that's basically the main reason why we're here tonight to address that issue. We worked with Paul and his staff on. Mayor Furlong: Nann could you do the overhead? Excuse me, Nann could you put the overhead camera on? Nann. Thank you. Mark Sonstegard: So basically this document, I've just got a black and white document but shows where the extra fill is going to go. Red is where actually a little bit lower than the original grading plan. Yellow is where we increase the fill 2 feet. Green is 4 feet and then blue is a little bit higher than 4 feet so basically we came to staff looking to help balance off the site. There was a large amount quantity where we didn't want to do a large export, especially on a bunch of new city roads and stuff like that, so we worked with staff on that. And that was the main reason for having this on the City Council agenda tonight. We've stayed within all the city guidelines. We're not asking for any variances on grading or anything like that with this new grading plan. The second item which is addressed in our application were the items that Mr. Dorsey brought up. With the second addition, final plat approval we were also looking for the grading plan approval and it's my understanding that the grading plan was approved with the condition that we work with Mr. Dorsey on this retaining wall issue and I did meet with Mr. Dorsey on site. We've had a number of conversations afterwards. We did agree on the 4 foot wall if we would, if he'd allow us to grade on his property. That seemed like a reasonable consideration. Mr. Dorsey also brought up the stub street and I'm reiterating but I'll just quickly go through it. His ideas were to lower this or even move it in a different location. Ryland already had a preliminary plat approved. We've already got our financing in. Our lot count. You know everything set up where we can't really afford to be moving around our lots for a project like this. So our talks kind of stalled so when we came in with this final draft, the reason the wall's at 7 feet, that's the best I could do on our property. I brought the wall closer to our lots. Brought it down from 12 feet to 7 feet at the highest spot so that's kind of why the wall's at 7 feet. I'm okay with going 4 feet if Mr. Dorsey would let us grade on his property a 3 to 1 slope and then when he develops his property he can tie in in the best area. With regards to the stub street, we've listened to Mr. Dorsey. Moving the stub street down here creates a public street turning onto another public street and going straight across onto a private street. I know staff wasn't in favor of that. Another thing we looked at briefly if Degler Circle would become public all the way around and therefore it would be a stub street. That would be redoing the whole preliminary plat that was already approved, plus Ryland would probably lose a couple lots due to some pinch points through here. Just the economics of that isn't really, would hurt Ryland. They basically are lot cost right now and about $168,000 a lot. If we lost a couple lots, we'd definitely incur that cost 6 33 City Council Meeting - September 10, 2007 so we prefer to keep this stub street where it was on the preliminary plat approval. I can work with Mr. Dorsey. We've lowered it 2 feet right now. I don't plan on building this until next year. Staff, you know we've had a couple conversations about lowering it even further and that's going to depend on what staff's wants. So if you have any questions on any item, I'd be happy to answer them. Mayor Furlong: Thank you. Any questions of Mr. Sonstegard? Mark Sonstegard: If I could add one more thing. We are, again like I mentioned, with our second addition plat approval and our grading approval, we have been grading this whole site. We've been stalled now for about a little over a month working with staff trying to get the project done. Right now the site is, we've got our erosion control and our seed and mulch on it but there's some issues where we really need to get out there to button it up for end of the year, otherwise the site's just going to be a mess and it's erosion and conservation type of issue right now so we'd prefer to get this moved along so we can wrap up grading for this year and then we can develop the next phase next spring. This is one of our better selling communities. We've got a lot of traffic through it. A lot of backlog of buyers that are interested in coming in. I'd like to stay ahead of it. Thank you. Mayor Furlong: Thank you. Any questions? Councilman Litsey: Just a quick one. So the retaining wall issue's been pretty much resolved in terms of building it 7 or 4 depending on whether you're allowed to go on Mr. Dorsey's property or not? Mark Sonstegard: Correct. Councilman Litsey: Okay. And that was the opened ended question that was left from before right? Mark Sonstegard: That's my understanding. Councilman Litsey: Okay. And the stub street issue's kind of come up since then? Mark Sonstegard: Well it's something that Mr. Dorsey did bring up at that meeting and at the time I told him I can't move this street. We've got a preliminary plat approval and you know Mr. Dorsey came up with a bunch of ideas and he showed me some site planning that would redesign the site and I told Mr. Dorsey, this is our preliminary plat. I don't want to change it from here. I'll lower that street as low as I can to help accommodate you but to redo a site plan at this stage is a little too late. Councilman Litsey: So you worked with Mr. Dorsey, staff and your company will work at lowering that stub street best you can? Mark Sonstegard: I'll work with staff and whatever they suggest, I'll do. But to move it to a different location. 7 34 City Council Meeting - September 10, 2007 Councilman Litsey: Not economically feasible at this point? Mark Sonstegard: Especially if you know the public street coming in right to a private street, I can't change this road into a public street. Mayor Furlong: Mr. Oehme with regard to that. The idea of lowering the grading, it looks like, if I'm looking at this right, the red is already lower than what was originally planned, is that correct? Mark Sonstegard: Yeah, we did lower it a couple feet. Mayor Furlong: Couple feet. Mark Sonstegard: Right now we're still trying to keep all the drainage on our property. So from here the water on the street drains into our storm sewer but we're at a half a percent right now for this street. Mayor Furlong: So there's some limits there. Paul Oehme: Yeah, that's as flat as we want to go unless we were going to drain it onto the adjacent property. Mayor Furlong: Alright. Okay, any other questions? No? Councilwoman Ernst: Just one quick question. Mayor Furlong: Sure. Councilwoman Ernst: With the first option that you were talking about…so you said that you worked with the city on that or is that something that you decided that you couldn't do or did that, was that just something that… Mark Sonstegard: My understanding, and Paul can correct me if I'm wrong, to move this street down here would, it's something staff wasn't recommending because you'd be coming on a public street and you'd go across and right into a private street. Am I explaining it right Paul? Paul Oehme: Right. I mean yeah. That's correct. We do have again a preliminary plat has been approved and this issue, we have discussed where these streets are going to be going in back earlier this year. Last year. Where the public streets should be. Where the private streets should be. You know I think we've got a good project here that they can work so we'd like to keep it, the alignments, private and the public streets where they are in the preliminary plat. Mayor Furlong: Okay. Any other questions? Okay, thanks. 8 35 City Council Meeting - September 10, 2007 Rick Dorsey: Mark, can you just leave that map up… One quick comment where you're talking about public roads going into private roads. I really don't see a difference between what I'm suggesting and what was approved by the staff right here. This is a public road going into a private road. There's absolutely no difference. And the same thing coming here. Public into a private. Here you're turning, you have the option of turning off onto another public road so you know I don't understand that. I didn't understand that the first time around. The other thing I wanted to show is, this is the grading plan that was approved at the time of the approval of the project. As far as there actually was another plan in the packet, if you look at it in the Minutes and the approved plan for grading was only for site number 1. Or Phase number 1 which covered this area. We didn't have a final grade or anything to look at for the balance of the property line so to go and when we talk about the retaining walls, there were other issues along the property line that you're bringing up. The first thing was that it was a different plan if you remember. I said it was a different plan than what I had seen and I said I wanted time to review it because the retaining wall was not in that plan and this is the plan as far as grading that we ever had a chance to see prior to that plan coming in. So when we go back to the time period of looking at this thing, we didn't have a chance to look at those issues when it was planned as a preliminary plat. It wasn't there. It didn't exist. So you know from a standpoint of the neighboring property holder, we asked to see the site grading plans along the property line. That's only fair. We knew that we obviously saw the issue with the retaining wall. When we got in and looked at it we saw that there's going to be a problem with the road coming in at the wrong grade. Further issues that came up that I've got right now deal with this area down here. That wasn't ever in the plan that I remember seeing and having it there but I've got a drainage problem across there. I have a drainage easement of 100 feet across there and the approved plans said that it would remain in effect. The Planning Commission approval said that the plan that was being presented did not in any way encroach or impact on any easements. It wasn't that way when I saw it. Mayor Furlong: Mr. Oehme I guess, Mr. Dorsey's just raised a couple questions. What are you your thoughts on those? The orientation of the streets and grading plan… Paul Oehme: Yeah, we don't have a plan of what's going to go in to the east there. It could be multi-family. Mayor Furlong: You're saying on the Dorsey property? Paul Oehme: On the Dorsey piece. I'm just, it's better to tie those public streets in together into public streets if you don't know exactly how much traffic these roads are going to take in the future so we don't have a plan from Mr. Dorsey addressing, looking at trips. Looking at where this traffic's coming from. Where it could be going. Where it could be coming from so I'm just more comfortable tying public streets into public streets. The issue with the private drainage easement along Lyman Boulevard, I can refer back to the City Attorney but it's been my understanding that's a private matter between the developer and the property owner, or the underlying easement holder. Mayor Furlong: Okay and it...if it was transferred. 9 36 City Council Meeting - September 10, 2007 Paul Oehme: Right. Mayor Furlong: Okay. And then so…complete grading plan at the time of the preliminary plat, that was approved? Paul Oehme: Right. Yeah, from preliminary to final plat, I think some grade changes were made along the lines. I don't know exactly where those drawings that Mr. Dorsey had come from so in every project there are several iterations. We've had several since we went from the first phase to the phases we are right now so there's always, there's always changes. They're always trying to be improved upon what's being presented. What's trying to be, what's being approved so. Mayor Furlong: Okay. But to your knowledge was there a grading plan at the time of the preliminary plat that is consistent with what's being requested here by the, for the change that's before us tonight because of the excess? Paul Oehme: Well, I can't comment on from the preliminary plat versus the plan, the overall grading plan. The balance of that site. Mayor Furlong: There may be changes. Paul Oehme: There may be changes but you know I'd have to refer back to the developer on that but you know what was approved was, you know staff's best effort to get a plan that we think, we're comfortable presenting to the council at the time. Mayor Furlong: Okay. Any other questions for staff or Mr. Dorsey? Councilwoman Tjornhom: I guess I'm just confused about the whole changing of plans and times. I guess I assume when we approve a plat, it was, that was it. How much leeway do you have to change something once something's been approved? Or how much leeway do they have as a developer do they have to change grading and do things, if it was changed at all. I'm not sure I guess. Paul Oehme: Right. You know we try to be consistent with what was approved at the council level. I mean there has been times been minor changes to developments in the past. Councilwoman Tjornhom: But not huge changes… Paul Oehme: Not huge changes. I can't really comment on Mr. Dorsey's comment on the retaining wall being there or not being there when the final plat was approved so maybe the developer can comment to that issue. Councilwoman Tjornhom: Because that's really hard for me because I don't remember findings and plats and what we approved and the changes of all. 10 37 City Council Meeting - September 10, 2007 Rick Dorsey: This map here was dated June 16th because actually the final plat that you approved on May 8, 2006. This is what was available. I tried to get it and it was not released from the city until November 30, 2006 to pass along to a developer. And this is what we got. We were trying to get that information all along for 6 months and did not get it. This is what we got. Their final plan I would have to assume came after that. Paul Oehme: What was approved with the preliminary plat, or the first phase. I mean the plans that you're, that Rick just showed you, that was, were the grading plans that were approved for the first phase. I don't believe we included the overall grading plan for the entire development in that phase. I think there was you know a plan that was out there but it was probably not included in that phase, so. Councilwoman Tjornhom: Then did we, oh I'm sorry. Mayor Furlong: I'm sorry. Go ahead. Councilwoman Tjornhom: But did we ever see then those other plans and approve of those plans? Paul Oehme: At preliminary plat time? Councilwoman Tjornhom: And did they change then from what we saw? Justin Larson: I'm Justin Larson. I'm responsible for the plans everybody's looking at here. Mayor Furlong: Mr. Larson if you could state your company affiliation. Justin Larson: Yes, I'm with Westwood Professional Services. Mayor Furlong: Thank you. Justin Larson: And the preliminary, unfortunately I didn't bring a copy of the preliminary plat but the application did include a grading plan as well, and I can tell you because I was very closely, probably the one who did all the work on it. That the grading plan didn't deviate much from what you see now in terms of where it ties up in the perimeter. I believe we did have a retaining wall along that eastern boundary at that time. We may not have had the details of the elevations but when we develop any piece of property in our neighbors, whether it's developed or undeveloped, it's our responsibility to tie to the grades that are there. At the point when we're doing the design. So what we're really talking about here is kind of extrapolating or guessing what grades that Dorsey's are going to be working with in the future, but really it's really encumbent upon us to just tie into those grades and we again, we're not deviating that much from the preliminary plat application that was approved. Does that answer the question? Councilwoman Tjornhom: Yes it does. Thank you. 11 38 City Council Meeting - September 10, 2007 Mayor Furlong: Alright, thank you Mr. Larson. Any questions for Mr. Larson? No? Okay. Thank you. Yes. Regarding the grading plan or? Sure. Debbie Lloyd: Sure. I'm not prepared but I just think I haven't, Debbie Lloyd, 7302 Laredo Drive. I'm just think it has an opportunity to talk about this again. Originally in that main meeting I came in because I saw a difference in standards on the structure setback between this and the adjacent property and then Mr. Dorsey pointed out the fact that this retaining wall wasn't there and then later I started researching this and what's on the web site are two different plans. Tom, you and I had a conversation about this. This retaining wall is not on the plan on the web site and isn't there some sort of code regarding needing a variance for a retaining wall over X number of feet or whatever? If you would have had that, that would have just jumped out at you then. And then I started researching all the plans and I can tell you that this plat is different. There were 155 lots on the original plan. You say…what I counted was 153. Okay. So then I'm like well where are these coming from? Well the layout changed too. So I don't understand how you can approve a preliminary plat and then have things change on it. That has never been what I've seen occur here. I could have missed it because I haven't watched these large developments but smaller developments, you can't change items on the plat that much. I mean we have a regulation don't we about lot line adjustments, but to change the layout of this. I would think…so I think there's a lot here, a lot here that needs to be examined and again I have a lot more details but I wasn't prepared at all to talk about this. I'm sitting back there listening going, what's going on? Thank you. Mayor Furlong: Alright. Any follow-up questions for staff? Sir. Brian Sullivan: I'm Brian Sullivan. I'm with Ryland Homes. Just on the about her comments were, there were 5 lots on the other side of the creek and what we did is we did an exchange of some of those lots and we took 3 of those lots and put them into, into our site count so that's how that all worked out. Those numbers are different. I'm not sure where…that's probably an older version of something on the web site but I know the number of lots on here are consistent with what we had originally approved. The site plan hasn't changed as far as roads and lot dimensions. None of it has changed since preliminary plat approval. Mayor Furlong: Okay, thank you. Rick Dorsey: One more comment? Mayor Furlong: One more. Rick Dorsey: I'd like to have this tabled until we can look into this. Hearing there's changes in the plat, I want to look at it. Thank you. Mayor Furlong: Thank you. Let's bring it back to council for discussion and see if there are any questions. For staff or others at this point. Otherwise thoughts and comments on this. We started with request for modification to the grading permit. Now we've got other things that have been raised and I guess I'd be interested in what the council thinks in these matters. Thoughts, comments. Mr. Peterson. 12 39 City Council Meeting - September 10, 2007 Councilman Peterson: I clearly think there's some questions that need to be answered that we're not going to get answered tonight so as much I don't like tabling things, it's probably appropriate that we do that here and get staff and the applicant together and get some more of those questions answered. Mayor Furlong: Alright. Other thoughts? Comments? Councilwoman Tjornhom: I guess I agree with Mr. Peterson. I can't be a judge and jury for this tonight because I wish that someone from planning would have been here to answer some of these questions…just to make sure due process has been given and everyone had a chance to get it right. At least so we all feel comfortable knowing that it is what it is or always has been… Mayor Furlong: I guess the question I had for staff with regard to the, we've got a lot of noise here. First of all with regard to the grading plan that has been modified. Are people generally comfortable with that issue? Assuming we've got, I want to try to focus activities here so we can get this back relatively expeditiously as opposed to continuing to delay so while there are some questions to be, that have been raised here, there should, we should be able to verify whether or not the plat that is before us tonight is what was approved as a preliminary plat and that should be something that could be done, I would assume, without a lot of detail. Or a lot of time. So I guess the issue comes up with regard to the stub road and the grading were the two issues first. So are people comfortable with the revised grading plan generally? Now that we might approve tonight but we're going to, or is there more work that needs to be done on staff's level to work with the applicant? Councilman Peterson: My only question relative to that would have been, staff do you believe that there's any way of getting both parties, 3 parties in this case together to work out a more functional deal for all 3 parties or not? I mean I think you already went down that path as far as you can. Paul Oehme: Yeah, I think we've exhausted all avenues there in terms of retaining wall, you know the stub street elevation that's currently there so I think we're done. Roger Knutson: Mayor, if I could just pipe in. The developer has the right with the preliminary plat to develop the stub street where it is. Where you already approved it so if they say we're going to develop it there, well that is their right. The issue before you is whether they can have this excess fill and lay it over or do they have to haul it off site and that's the real question. Do they have to haul it off site per their original grading plan or will you allow the amendment so they can keep it on site? Mayor Furlong: So that's the question before us this evening? Roger Knutson: Yes sir. 13 40 City Council Meeting - September 10, 2007 Mayor Furlong: Okay. So I guess with that clarification, I mean with regard to the revised grading plan, is there general comfort that having worked with staff, that they're okay with that? As a council we're okay with that? Councilman Litsey: Yeah, just taking that singular issue, that seems reasonable. At least from my opinion, the grading plan. Revisions. I trust staff's looked at that and it's a reasonable request. Councilwoman Ernst: Then we can assume that the retaining wall is resolved. That's not an issue between the parties, is that correct? Mayor Furlong: Well I think as I heard it this evening, that with the grading plan here, that it would be a 7 foot retaining wall if Ryland or their developers are not allowed to go on the Dorsey property to do some additional grading, but if they are they move it down to 4 feet. Is what I understood and clarify with me, is that the grading plan that's in front of us? Paul Oehme: That's correct. Mayor Furlong: That's the question? Paul Oehme: That's the question. Mayor Furlong: Okay. Rick Dorsey made a statement from the audience which was not picked up on tape. Councilman Litsey: Well it sounds like to me. Todd Gerhardt: The current staff report calls for 7 feet. Councilman Litsey: You worked out a couple alternatives with the retaining wall and now correct me if I’m wrong Mr. Dorsey but you want to tie that into now that stub road and that's another issue that you're pulling into it. The way I understood it when we talked about this last time was that really the remaining issue was that you were going to get together with the developer and deal with that retaining wall. It looks like we've come to an alternative there. It's either going to be 7 or 4 depending on whether you're going to allow them to come onto your property or not. Rick Dorsey: I think what we've really looked at was my point was at that point in time there was no retaining wall on the map. And that what we would do is look at the property line and determine what could be done because the plan that I had seen had no retaining wall, has the drainage in a swale along the property line, and I said that I had not seen that plan. There was no retaining wall in it that I found and that I wanted to take and be able to review the grading plan along the property line. It was not just the wall. The wall was the instigator of it but I had not seen it and that was the thing that stood out immediately that something was not something that I 14 41 City Council Meeting - September 10, 2007 had seen. And as soon as we went out on site, it became very clear that the road was also, which is on the property line, going to be an issue. Councilwoman Tjornhom: And that was in November? Rick Dorsey: No, this was in May when you approved the plat for Phase II. Councilwoman Tjornhom: The original one you're saying. Rick Dorsey: No, this is for Phase II. Councilwoman Tjornhom: For Phase II? Rick Dorsey: Yeah. For Phase I, there was no grading plan. I mean it wasn't this grading plan that we're seeing here. Councilman Litsey: And I'd have to go back to the record but the impression I had at the time was you're going to work on the retaining wall issue and that's been done so. Rick Dorsey: But that's what I'm saying is that was only part of it. Councilman Litsey: Well that wasn't the impression I have but we'd have to look… Rick Dorsey: Okay, well we can go and look at the minutes. Mayor Furlong: Okay. So I guess the question is, is there, you know the preliminary plat that was approved, to the extent that the developer continues to follow that approved plat, they're, as I'm understanding, within their rights to continue to move forward, is that correct Mr. Knutson? Roger Knutson: That's correct Mayor. Mayor Furlong: Okay. So the question before us then is with the grading plan and with regard to, and you know I think Mr. Litsey, your comment about what the issue was, and I think we had talked about could the developer continue to do some of the grading. Leave this to try to find the property owner is the opportunity to work out along that property line, and that's what I thought they've done. I mean to my knowledge it sounds like they have an option there between the 4 and 7 depending on whether they want to work together or not on that so. With regard to the other issues, you know I don't know that, I don't know that they're interrelated but for the fact that it just happens to be the same property. Councilman Peterson: And I think that being said, I think we can also address with staff saying let's look and see if we have an issue or not. Mayor Furlong: I think that would be a compliance issue that we should certainly charge them with but do you see that as a reason to not deal with the grading plan too? 15 42 City Council Meeting - September 10, 2007 Councilman Peterson: No… Councilwoman Tjornhom: No, I agree. Mayor Furlong: Okay, so we can go forward. Consider the grading plan which is, in the staff report allows, or recommends a 7 foot wall, is that correct? Paul Oehme: Correct. Mayor Furlong: And if we were to consider approval of that, I think we'd want to insert there, or 4 feet if the parties work together, which we heard this evening. Rick Dorsey: That would be the only way I'd be in agreement with the 4 foot. Mayor Furlong: Okay. Well but, but again the, Mr. Dorsey the, as I see it here, the 4 foot is okay if, with them as well if you allow them to go on your property. So if you don't allow them to go on your property, the grading plan before us would be the 7 foot. 7 foot wall. Is that may understanding? Paul Oehme: That's correct. Absolutely. Mayor Furlong: Alright. Is there any more discussion with regard to the grading plan? Dealing with the excess dirt and dealing with the property line and retaining wall. Is there a motion with regard to that? Councilman Peterson: Motion to approve as submitted by staff. Councilman Litsey: Second. Mayor Furlong: Thank you. And for clarification, that would be to allow a 4 foot wall if the property owner wants to reduce it to a 4 foot wall, they can be allowed to do that. Paul Oehme: Correct. And grant a temporary grading easement for that work. Mayor Furlong: Well I'm assuming that for them to want to do that, they'd want to have that temporary easement. Paul Oehme: Right. Mayor Furlong: So the property owner would make that decision, whether it's 4 or 7. Paul Oehme: Right. Mayor Furlong: Okay. So that motion being made, any discussion on that motion? With regard to the revised grading plan. Seeing none we'll proceed with the vote. 16 43 City Council Meeting - September 10, 2007 Councilman Peterson moved, Councilman Litsey seconded that the City Council approve the changes to the grading plan for The Preserve at Bluff Creek 2nd Addition, and to allow a 4 foot retaining wall with a temporary grading easement. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: And then I guess to staff I would ask them to follow up and diligently look into the issues raised this evening with regards to whether or not the applicant, or in this case the applicant, the developer is complying with our preliminary plat. Thank you. APPROVAL OF CERTIFICATION OF MAXIMUM PROPOSED LEVY TO CARVER COUNTY AUDITOR. Greg Sticha: Good evening Mayor and council members. Mayor Furlong: Good evening. Wait a second. Gentlemen, if we can take the conversation to the hallway, thank you. Greg Sticha: At the August 27, 2007 work session council and staff reviewed the preliminary budget and levy for 2008. After discussion council directed staff to plan for preliminary levy of $9,854,965. That is a levy that was presented in the memo if you recall as Scenario #1. Just to kind of give a review of what Scenario #1 included, that budget included a 3 1/2% maximum wage increase for employees, a new police officer, kept all other expenses relatively flat without any reduction into any services that the city provides. Under that Scenario #1 the total tax levy increase compared to the total tax levy of 2007 would be a 2.92% increase. As a kind of item of information related to the 2.92% increase in the tax levy, a GFA list of the local metro or near metro communities was done in late August and I got some of the results back within the last week or so. 65 communities responded to the survey. Of the, the question it had in the survey was, what is your planned percent increase in your preliminary levy compared to your actual levy that was levied in the previous year? Of the 65 communities that were surveyed, Chanhassen's 2.92% was sixth lowest of the 65. The average increase of all the communities was 6.6%. Just to kind of give you a flavor of what some of our neighboring communities are planning for preliminary levy in 2008 for percentage increase. Eden Prairie is planning on 4.7. Minnetonka 4.7. Minnetrista 5%. Mound 5%. Orono 6%. St. Louis Park 6%. Prior Lake 8%. Chaska 8.6 and Shakopee 12%. One other item that I guess I kind of wanted to comment on was the results of a scenario 1 tax levy and general fund budget would result in a actual reduction in the city's tax rate. This would make 5 years in a row that the tax rate would be reduced as a city. The final tax rate for 2007 was 23.788. I'm estimating that the tax rate for 2008, based on Scenario #1 would be somewhere between 23.55 and 23.72, which would be a resulting a lower tax rate compared to the previous year. At the council work session on August 27th, council also directed staff to identify cost savings that we could see in the general fund that could be used for alternative sources or funding other projects as needed in the city. Staff did identify in that work session and after reviewing a few documents, we have come up with about $115,000 in general fund savings that we could identify that could be reclassified for other purposes or eliminated if council saw fit. That $115,000 includes $71,000 for the reduction if we decided to eliminate the vacant building inspector position that's currently in Scenario 1 and in the budget. An additional $44,000 in health care savings costs that our health care provider has made us aware of. That 17 44 City Council Meeting - September 10, 2007 total of $115,000 was just a little shy of some of council members ultimate goal of finding $150,000. Staff believes between now and year end it's possible that we could identify some other revenue sources or other items that could get us to this $150,000 but we certainly are at the $115,000 at this point. With all that information in hand, I guess staff is recommending seeing the council set a preliminary levy of $9,854,965 and approve a total preliminary general fund budget of $9,336,200 for 2008. Staff believes that that levy allows council the most flexibility between now and setting the preliminary levy. It offers council the ability to cover any unforeseen items that may happen between now and the end of the year. It also gives council the opportunity to redistribute or use some of the excess money that we talked about. Make it available for other opportunities to assist in funding of either our local streets or our public facilities that are identified in the CIP that are coming up here in the next couple years. With that, oh one item in note. If we do pass the resolution that's in front of you this evening, there is one typo. Under paragraph 1, the first sentence, third word in after the number 2008 should be included the word preliminary. And at this point I guess I would take any questions. Mayor Furlong: Thank you. Questions for Mr. Sticha. Councilwoman Tjornhom: I have a question. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: In the past have we approved also preliminary budgets? Greg Sticha: Yes. We've included in the resolution a budget number and at this point in time the budget would be also considered preliminary, along with the preliminary levy. The term more directly refers to the levy which has to be set with the county on September 15th and they call it a preliminary levy and then the final levy, they call it final levy which is passed in December. Within the resolution we also call our preliminary budget, our original budget that we pass in December, or in September with the preliminary levy, we also call it the preliminary budget so. Councilwoman Tjornhom: Okay. Mayor Furlong: Councilwoman Tjornhom, I had the same question because it jumped out at me and I went back and looked and this resolution is consistent with prior resolutions that we passed. But for, and to Mr. Sticha's clarification, the insertion of the word preliminary in front of that budget so, it is consistent. Councilwoman Tjornhom: Okay. Councilwoman Ernst: Greg, I heard you mention for scenario 1 about 2.9? Greg Sticha: Correct. Under scenario 1, that would result in a total levy increase of 2.92% compared to last year. Councilwoman Ernst: Okay. Because in scenario 1 from last week's packet, it would be approximately 1.1% increase in property tax. 18 45 City Council Meeting - September 10, 2007 Greg Sticha: That would be the result of the average increase to the average property tax owner if you went with scenario 1. That's different than the amount of the total levy increase. Councilman Litsey: Maybe to put it in perspective, look at my tax bill, a little over 18% goes to city taxes and a 1.1% increase on that would be about 6 bucks. So I mean we've talking a very small amount so. I think you've done a good job identifying things. The only kind of problems that might come… Mayor Furlong: That's fine. We're still in questions. We're still in questions. Could you talk a little bit about the preliminary budget in terms of service levels. What's changing? Specifically I believe it's public service or public safety personnel changing. Greg Sticha: The only personnel changes are in public safety. We are adding a new police officer in 2008. And we did increase the number of hours for the senior center coordinator position by 4 hours. Those are the only two changes and. Mayor Furlong: That went from what, 20. Greg Sticha: I believe from 24 to 28. Mayor Furlong: 24 to 28. Okay. Alright. And then a full FTE within the public safety. Greg Sticha: Public safety. Mayor Furlong: Through our contracts through the sheriff's office. Greg Sticha: Correct. Mayor Furlong: Okay. All other service levels are maintained as well for personnel as well… Greg Sticha: Yep. Mayor Furlong: Alright, thank you. Any other questions? At this point. If not, thank you. I want to bring it to council for discussion. Thoughts and comments. Councilwoman Ernst: Well as I indicated in the work session, I cannot support Scenario 1 with an increase to property taxes. I support Scenario #3. I don't know, it seems to me and maybe it's because it takes a little bit more time to check out some additional resources for additional revenue in order not to raise property taxes and obviously scenario #3 is, it would result in a 0% increase in property taxes for the homeowner. And I just feel that we could have done a little, spent a bit more time other than…additional revenues in place of raising property tax. Mayor Furlong: Okay, thank you. Councilman Litsey: Well. 19 46 City Council Meeting - September 10, 2007 Mayor Furlong: Councilman Litsey. Councilman Litsey: I think staff did a good job of identifying those available funds that we can tap into. I think there aren't a whole lot to look at any more so I think we're, scenario 1 is reasonable. As I stated in the work session, I actually would have preferred that it be, that the preliminary levy be a little bit higher until we take a look at some of the, like the street improvement fund and some of those things and look at perhaps whether we should increase the levy a little bit to supplement that which down the road we're facing a deficit but we've identified some of these. Perhaps we can…address that and Mayor Furlong brought up some interesting ideas on how…take a look at so although I'd prefer the preliminary levy to be a little bit higher, I'll support scenario #1. Mayor Furlong: Alright. Councilman Litsey: And one other thing, if that's okay. I'm very pleased that public safety's being addressed here. That was one of my goals of being on the council is that we increase the compliment when it comes to personnel in public safety and I think we've got a good plan to do that over the next few years within a reasonable…so I appreciate the council's efforts on that too. So, that's all. Mayor Furlong: Yep, thank you. Other comments? Councilwoman Tjornhom. Councilwoman Tjornhom: Well I think I stated too that you know I don't want to box us in a corner with scenario 3 necessarily. I think we need to take some time to explore, look into the future which I think we did a little bit today to see what we have coming our way and what we can do to take care of some issues that might be…shortly so for that I'm voting for scenario 1 with high hopes that we end up with scenario 3 where we have a flat rate again this year and we can say that we didn't raise city property taxes again. Mayor Furlong: Thank you. Councilman Peterson. Comments, thoughts. Councilman Peterson: Yeah I think that historically we've been maintaining or lowering the tax rate. I think we're going to do that this year too so scenario 1 gives us some flexibility without being redundant so I would support that and with the goal of 3 or better. Mayor Furlong: Thank you. I think some of the information that Mr. Sticha presented this evening not only with regard to service levels, with regard to increasing public safety personnel. Something that we have done historically over the last 5 years and will continue to do as needs support, as well as other staff positions we have maintained. City Hall staff at the current levels and we can continue to do it. We've got commitments from staff that they'll be able to continue to operate efficiently and effectively within budget contained under scenario 3. I think the, given the purpose here is to establish the preliminary levy. It's at no higher than. It can go down and one of the things that we talked about in our last work session was taking the time over the next few months, September through November and into December and listening to public comment at the Truth in Taxation hearing as well as throughout that period of looking to identify where we 20 47 City Council Meeting - September 10, 2007 can reduce spending, but also looking further ahead at where some of the needs might be. But the goal I think gets back to, or the key to this gets back to what Councilman Peterson said and that is tax rate. We're you know, Mr. Sticha's estimating a conditional decrease in the tax rate here for the fifth straight year. We're now below 24%. 5 years ago we were at 39%. We've made tremendous strides there. He gave us some information with regard to what other cities are doing with us being the sixth lowest at 2.9 on a preliminary and others averaging around 6.6. I can tell you I was at a meeting today with Regional Council of Mayors and of the 14 of us there, we went around the room and said where we're looking. You know when I said 2.9 they all kind of looked at me. The fact is we can do it and we are doing it. Everybody else was at 4-5% or up from there in terms of what they were looking at, and yet we are continuing to invest and expand our services where necessary and continuing to invest in capital equipment and making major investments into the city so I am very comfortable. I agree with other comments made that staff has done a great job here, as they always have. But again looking at what the options are and giving us the options and alternatives in front of us and I'm very comfortable moving forward here with both the preliminary budget and preliminary levy. We have some work to do, to Councilwoman Ernst's comments. We have some time in front of us that we need to look diligently at the issues before us but I'm confident we'll be able to do that. So I'm very comfortable moving forward with the resolution proposed by staff with the insertion of the word preliminary in item 1 there prior to budget. So any other comments on that? If not, is there a motion? To approve. Councilman Peterson: Motion to approve as submitted by staff. Mayor Furlong: Thank you. With the amendment of, with items that were presented this evening. Councilman Peterson: Insertion, yes. Mayor Furlong: Thank you. With the word insertion. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion additionally on this? Resolution #2007-55: Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council set a preliminary levy of $9,854,965 and approve total general fund expenditures of $9,336,200 for the 2008 preliminary budget and levy. All voted in favor, except Councilwoman Ernst who opposed, and the motion carried with a vote of 4 to 1. COUNCIL PRESENTATIONS: Mayor Furlong: That completes our items of new business this evening. We'll move to council presentations. Anything? Councilwoman Tjornhom: I enjoyed the fire truck. The new fire truck… 21 48 City Council Meeting - September 10, 2007 Mayor Furlong: Our appreciation and thanks to Mr. Geske and others. Councilwoman Ernst: I think they did a great job. It sounds like they didn't spend any more money on this truck… Mayor Furlong: Well there was a lot of, the truck committee put in a lot of time. They looked for opportunities to save money and overall saved over $100,000 in terms of the purchase I believe so our appreciation to them for that. Todd Gerhardt: Yeah, I think it will be exciting to show the truck off this coming fall at their open house that they have and the public can get a chance to see the new vehicle. Mayor Furlong: Okay. Any other comments? Just a quick one. For Mr. Hoffman, I know Dave Huffman Memorial Race was this weekend and there were Mr. Ruegemer and others, the race committee was involved and members of our Park and Rec Commission were there as well. It was a good turnout. They had over 375 participants in the race, which is the most that they've ever had I believe. Certainly more than last year's so it was good weather and a good event. I know Kathy Huffman, Dave's wife was there and his daughter and they really, they've been there every year and really appreciate what the city does and this group does for putting on the race so that was a fun event. Any other council presentations? Mr. Gerhardt, administrative presentations. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: I just want to update you on the new Chanhassen High School. That project's moving along. Retaining walls. Foundation. Parking lots are in. They did make the decision to turf the fields and turf meaning artificial turf. So the new high school football field will have the artificial turf and I believe two of the practice facilities also will have the artificial turf. Soccer fields. Practice football will take advantage of that. It's a great, great technology. You know you don't have to mow it. You don't have to water it and that may save on their lawn sprinkling down the line and trying to keep that turf established so that's exciting news. Talked with Finance Director Steve Pumper. Things are going good from a building inspection standpoint. Working on a couple of little issues down the line on erosion control. Things like that but other than that things are going smooth out there. And that's all I have. Mayor Furlong: Any questions for Mr. Gerhardt? No? Okay. Very good. CORRESPONDENCE DISCUSSION. None. Mayor Furlong: We have some unfinished, one unfinished item in our work session so that will, we will reconvene in work session in the Fountain Conference Room immediately following this meeting. Is there a motion to adjourn? Councilwoman Ernst moved, Councilman Litsey seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:10 p.m.. 22 49 City Council Meeting - September 10, 2007 23 Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 50 4 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 4, 2007 Chairman McDonald called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Jerry McDonald, Kurt Papke, Kevin Dillon, Debbie Larson, Mark Undestad and Dan Keefe MEMBERS ABSENT: Kathleen Thomas STAFF PRESENT: Bob Generous, Senior Planner; Angie Auseth, Planner I; and Joe Shamla, Project Engineer PUBLIC HEARING: PAISLEY PARK PARKING LOT: REQUEST FOR SITE PLAN APPROVAL FOR AN AUXILLARY PARKING LOT ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF COULTER BOULEVARD AND AUDUBON ROAD. APPLICANT, PAISLEY PARK ENTERPRISES, PLANNING CASE 07-18. Public Present: Name Address Fred Farr 5888 45th Street S.E. Alan Kretman 7200 Hudson Boulevard, Oakdale 55119 Rick Pecoquin 2069 Manitou Avenue, St. Paul James Lundstrom 5334 Highland Road, Minnetonka 55345 Bob Generous presented the staff report on this item. Commissioner Keefe asked for clarification on the lighting requirements when the parking lot is not in use. Commissioner Dillon asked for clarification on the number of parking spots being requested. Commissioner Papke asked about the landscaping plan, the number of trees over and under the requirements and the location of the handicap ramps. Chairman McDonald asked about the type of lighting. Ryan Lundstrom and Rick Pecoquin with Paisley Park Studios addressed the issues of lighting, number of parking spaces, and complying with requests from the Fire Marshal to upgrade the number of bathrooms and double doors. Commissioner Keefe asked the applicant to explain how traffic is handled for special events. Commissioner Dillon asked for clarification on what type of events will be held at Paisley Park. Commissioner Undestad asked the applicant to explain why they chose this location for the parking lot. Chairman McDonald asked about the schedule for lighting of the parking lot and safety concerns. The public hearing was opened. No one spoke and the public hearing was closed. After comments and discussion by the commission, the following motions were made. Papke moved, Larson seconded that the Planning Commission recommend an amendment to the motion adding the following condition: 51 Planning Commission Summary - September 4, 2007 22. The applicant be granted the ability to conditionally light the parking lot as long as they gate the entrance to the parking lot. Papke voted in favor, the remainder of the commission voted in opposition. The motion failed with a vote of 1 to 5. Keefe moved, Dillon seconded that the Planning Commission recommends Site Plan approval of Planning Case #07-18 for a parking lot, plans prepared by Proterra Design Associates, Inc., dated 08/07/07, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The applicant shall submit a lighting plan for City review and approval prior to beginning site improvements. 3. The perimeter landscaping on the south and east sides of the parking lot shall be located such that it is between site fencing, if installed, and the roadway. 4. Replace red oak plantings in islands with elm cultivars, Autumn Blaze maple, or ginkgo. 5. All city boulevard trees shall be protected during construction. Any trees lost due to construction shall be replaced by the applicant. 6. The applicant shall add one tree to the landscaping along the west property line for a total of 10 trees. 7. Increase the minimum inside width of all islands to 10 feet. 8. A revised landscape plan shall be submitted to the city for approval prior to beginning site improvements. 9. Site landscaping shall be irrigated. 10. Field verify existing conditions prior to construction. Submit existing conditions plan with next submittal. 11. Submit revised stormwater management plan. Current calculations show that catch basin #7 does not have enough inlet capacity, the velocity between catch basin #8 and catch basin #1 is over 10 fps, and the existing storm in Coulter Boulevard does not have sufficient capacity. There is a 15” storm stub in McGlynn Road to help resolve these issues. 12. Additional spot elevations shall be added at the intersection of McGlynn Road and the proposed drive to ensure that drainage is conveyed through the intersection and the curb line 2 52 Planning Commission Summary - September 4, 2007 13. Paved surface grades shall not be less than 1%. Curb line grades shall not be less than .5%. Emergency overflow locations and elevations must be shown on the plan. 14. An easement is required from the appropriate property owner for any off-site grading. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 15. Add top and bottom elevations to the retaining walls. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 16. The watermain must be revised to meet city specifications. The hydrant must be installed according to Detail 1004 with a valve and a plastic wrapped CL 52 DIP lead. Watermain fittings shall be wrapped ductile iron. 17. All watermain and storm sewer within this site shall be privately owned and maintained. An irrigation meter will need to be installed. 18. Utility plans shall show both plan view and profiles of all utilities (water and storm sewer lines). Storm drainage arrows need to be corrected on the plans. 19. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The city specifications shall replace the technical portion of the specification. The applicant is also required to provide a cash escrow to guarantee restoration of the boulevards. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Carver County and the Watershed District. 20. Show the cross-section of the parking lot on the plans. Provide a turnaround near the entrance to the parking lot if a gate is installed. Upon completion of the project, the applicant shall submit a set of “as-built” plans signed by a professional civil engineer. 21. Handicap ramps must be installed according to City Detail Plate 5215. All voted in favor, except Papke who opposed, and the motion carried with a vote of 5 to 1. 3 53 Planning Commission Summary - September 4, 2007 PAPEDIS VARIANCE: REQUEST FOR VARIANCE TO HARD SURFACE COVERAGE ON PROPERTY LOCATED AT 2101 PINEHURST DRIVE. APPLICANT, SOUTHVIEW DESIGN, PLANNING CASE 07-19. Public Present: Name Address Tim Johnson, Southview Design 1875 E. 50th Street, Inver Grove Heights Scott Boeddeker 6710 Manchester Drive Angie Auseth presented the staff report on this item. Commissioner Papke asked for clarification of the table on page 5 of the staff report. Commissioner Larson asked about what type of surface could be used as a pervious surface. Commissioner Dillon asked for clarification of the table on page 5 regarding what work has been done and what is proposed. He also asked about communication between the developer and applicant of the hard surface coverage restrictions. Commissioner Keefe asked about disclosures in the development agreement notifying homeowners of the available hard surface coverage. Commissioner Undestad asked about doing a trade off with an outlot or park lot. Chairman McDonald asked about the process of informing homeowners of the 25% hard surface coverage. The applicant, Tim Johnson with Southview Design provided a history of work that has been done on the site, reviewed the proposed landscape plan and ways in which they are trying to address drainage issues. Commissioner Undestad asked the applicant to explain the permitting process that was followed. Commissioners Keefe and Dillon questioned how this could have fallen through the cracks. Chairman McDonald asked for clarification on the overall design of the plan, checking city ordinances, and what scientific data for dry wells and other drainage applications is available to change the city's ordinances. The public hearing was opened. Scott Boeddeker, 6710 Manchester Drive agreed with the staff and asked that the Planning Commission not allow a variance to the 25% hard surface coverage because his property has been flooded twice during the construction of this housing development. The first time in June of 2005 and the second time was Labor Day weekend of 2005. Chairman McDonald closed the public hearing. After comments and discussion, the following motion was made. Undestad moved, Dillon seconded that the Planning Commission denies Variance #07-19 for a 7.4% hard surface coverage variance from the 25% maximum hard surface coverage in Pinehurst 2nd Addition with the following condition: 1. The hard surface coverage of the site shall not exceed 25%. All voted in favor except Larson who opposed and the motion carried with a vote of 5 to 1. PUBLIC HEARING: SCHROEDER VARIANCE: REQUEST FOR VARIANCE TO HARD SURFACE COVERAGE ON PROPERTY LOCATED AT 2081 PINEHURST DRIVE. APPLICANT, SOUTHVIEW DESIGN, PLANNING CASE 07-20. 4 54 Planning Commission Summary - September 4, 2007 5 Public Present: Name Address Tim Johnson, Southview Design 1875 E. 50th Street, Inver Grove Heights Scott Schroeder 2081 Pinehurst Drive Scott Boeddeker 6710 Manchester Drive Angie Auseth presented the staff report on this item. Commissioner Larson asked for clarification on the suggestion of giving credit for use of permeable materials. The applicant, Tim Johnson explained how the design could be changed so only a 2.4% variance would be needed. There was discussion between the applicant and the commission regarding the requirement of a 100 square foot patio off the back door. After discussion by the commission, the following motion was made. Keefe moved, Larson seconded that the Planning Commission table Variance #07-20 for a 4.8% hard surface coverage variance from the 25% maximum hard surface coverage in Pinehurst 2nd Addition. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: ORDINANCE AMENDMENTS TO CHAPTER 18, SUBDIVISIONS AND CHAPTER 20, ZONING. Bob Generous presented the staff report on this item. Commissioner Papke asked for clarification of "indoor area" under definitions. Commissioner Keefe asked if local bars and restaurants had been notified of the proposed amendments concerning the Freedom to Breathe Act. Chairman McDonald opened the public hearing. No one spoke and the public hearing was closed. Dillon moved, Papke seconded that the Planning Commission recommends that the City Council adopt the attached ordinances amending Chapter 18 and Chapter 20 of the Chanhassen City Code. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated August 7, 2007 as presented. Chairman McDonald adjourned the Planning Commission meeting at 9:05 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 55 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 4, 2007 Chairman McDonald called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Jerry McDonald, Kurt Papke, Kevin Dillon, Debbie Larson, Mark Undestad and Dan Keefe MEMBERS ABSENT: Kathleen Thomas STAFF PRESENT: Bob Generous, Senior Planner; Angie Auseth, Planner I; and Joe Shamla, Project Engineer PUBLIC HEARING: PAISLEY PARK PARKING LOT: REQUEST FOR SITE PLAN APPROVAL FOR AN AUXILLARY PARKING LOT ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF COULTER BOULEVARD AND AUDUBON ROAD. APPLICANT, PAISLEY PARK ENTERPRISES, PLANNING CASE 07-18. Public Present: Name Address Fred Farr 5888 45th Street S.E. Alan Kretman 7200 Hudson Boulevard, Oakdale 55119 Rick Pecoquin 2069 Manitou Avenue, St. Paul James Lundstrom 5334 Highland Road, Minnetonka 55345 Bob Generous presented the staff report on this item. McDonald: Okay. Mark, you want to start? Dan? Keefe: Yeah. One in particular that, and it may go back a little bit to the previous approval on this parcel but in regards to lighting we had a discussion around operational hours in terms of the lighting and because this is just an auxiliary parking lot, I presume it's only going to be used on just a periodic basis to support activities at Paisley Park. You know what do we do in terms of lighting when it's, is this thing going to be lit every night when it's not being used? Generous: That would be up to the applicant. I thought about that when I was writing the staff report, whether we should limit it to the nights of operation and putting a time limit on but unfortunately limiting the operations would be good but time limit may not be because of the way Prince and Paisley Park Studios work. Sometimes they have late evening activities so you'd want them to have that security lighting. But yeah, we could provide a condition of approval that it could be, it's limit to only times that they are actually, have an event that is using this facility. 56 Planning Commission Meeting - September 4, 2007 Keefe: And there is going to be a gated parking lot, or. Generous: Originally, the plan show that it's going to be fenced and gated. However the applicant has advised me that that's not their intention to do that so it will be an open facility. Keefe: Yeah. And I mean, do you have to have permits to use it or can anybody that's going park there or is it you know? Generous: Well it's like any private property. Keefe: Right. So it's limited to the use of patrons or whoever Paisley Park wants to use it. Generous: Unless they did a lease agreement with someone that wanted it. Keefe So restricting the hours or requiring the hours might make some sense since it's really only intended to be used for periods of time associated with Paisley Park facility. Okay. That's my question. McDonald: Kevin. Dillon: 193 spots seems like a lot of parking spots. How does that number, how did you get to that number or did, or maybe is that a question best left for the applicant? Generous: I think it's better for the applicant. They were looking at I think the area that they intended to use and that's the result. I don't know if it's specifically related to what their anticipated needs were. Dillon: Okay. I have a couple other questions that are probably best left for the applicant. McDonald: Okay. No questions? Papke: Yeah I've got a couple. On the landscaping plan, this one's a little unusual. Normally you're pretty rigorous about insisting on meeting the requirements. In this particular case you state that the intent of the ordinance has been met yet we're allowing some to be over. Some to be under, etc.. Could you provide a little color behind it? For instance they're substantially under the under story requirement for trees. So what was your rationale behind you know saying that, you know obviously in some categories they grossly exceed. I mean there's a bazillion shrubs going in here. But they are under some of the other requirements so could you explain a little bit the rationale. Generous: Yeah and I think it's, going from under story to over story, that's always a trade off that the city's willing to make. You get a larger volume of trees eventually and more shading for the parking lot and that's what the whole idea is for a parking lot landscaping. So I believe Jill just felt that that was an adequate amount to put in there rather than going with the strict... numbers. 2 57 Planning Commission Meeting - September 4, 2007 Papke: Okay. The other question I had was on the last condition. Where would the handicap ramps be? It wasn't clear to me what requirement would be there. Generous: They showed on the plan, there has to be some ramps in this area and it just allows for handicap accessibility. It can't be a curb that someone in a wheelchair would have to overcome. Papke: So that goes down, would go down to Audubon or. Generous: No. It would just go from the parking lot to that sidewalk system and then on the sidewalk they don't have anything that would impede their progress. It's just from the parking lot to the sidewalk. Papke: Okay. I got you. That's all. McDonald: Well I've got a couple questions to follow up on the lighting. Now across the street is, well is it Pillsbury or General Mills now? Generous: General Mills. McDonald: And that's lit 24/7 with the big arc lights and everything, right? Generous: Right. McDonald: The lights that would go here, would those be more the type where we would require the spotlights? I mean it isn't the glare that's similar to the lights that are in that parking lot. It would be more focused down so that we wouldn't have the over brightness of the area. This wouldn't add to that. Generous: No, that's correct. They would have to follow our standards which limit the height of the structure and require that it be the shoebox fixtures. McDonald: Right, okay. So we would be able to contain some of the light pollution that way. Generous: And also through design you can do that by entering, or directing it towards the interior. McDonald: Okay. Generous: You help with the spillover. McDonald: Okay. That's really all the questions I had right now for staff and is the applicant present? Ryan Lundstrom: Yes. 3 58 Planning Commission Meeting - September 4, 2007 McDonald: Okay. If you would come forward and if you have anything to add to any of this. We have some questions for you also. Ryan Lundstrom: Okay, thanks for hearing us. Appreciate that. Would you like me to. McDonald: Yeah, please state your name and who you represent and all of those things. Ryan Lundstrom: Ryan Lundstrom. I'm with Paisley Park Enterprises that Prince Roger Nelson owns. Rick Pecoquin: And I'm Rick Pecoquin. Also a Paisley Park employee. McDonald: Okay, thank you. Ryan Lundstrom: Okay, I made some notes about some of your questions. Yes, as far as we're concerned about partial use lighting. Whether it makes sense with us because like was explained by one of them, this would not be continually used like every weekend. It'd be on a limited use basis and I'll just remove some of the mystery what we're accomplishing here. The parking lot is for different shows, not unlike what you've granted us temporary permits on over the last several years, and again that's only been well once every year type of thing. If that. Well this would be more frequently than that but not on an every weekend basis. Nothing of that nature. Other entertainers would come into town, playing at the Target Center or Xcel Energy Center. Prince might invite them to do an additional show out here. Of course much smaller venue. And too, we're looking at offering some tours during the day, and again this would be on a limited basis is what we're working on, so that's the nature of the parking lot. And so going back to the lighting issue, from our standpoint, no. We wouldn't have to have it lit every night of the week. Just when we have events going on. We'd be more than happy. It'd save us money too as far as that goes. Let's see. Oh parking spaces. How we came up with that number. Well as you know at Paisley Park we currently have quite a few spaces as it is already. The city's been very nice in recommending different, other businesses to allow us to use their parking lots on a temporary basis. Well this would hopefully eliminate even most of that. Even in the future they're more than happy to do business with us. We have a nice relationship with them. So that's, as far as the number goes. Based on what the fire marshal and the sheriff's department put upon the amount of attendance we can have. I think what is it, 999 in the sound stage and then 201 in the auxiliary stage area. So it comes, it's about 1,200. We're happy to do too, to accommodate all this is to put in additional fire doors. The fire marshal met with us here in July and walked through and mentioned about the double doors. In addition to that we're even to put up an additional entrance in the back, double doors going to the outside so it will be well within the compliance of the city and be safe. In addition to what we're looking at doing, again to accommodate the city's request, we're adding quite a few additional bathrooms, both women's room and men's room along with adequate handicap and that will be all within the interior of the building. It will not impact the exterior whatsoever. We're trying to show to you we're trying to comply with all that you desire us to do. So that's a brief introduction. Be glad to entertain your questions. Anything you'd like to add Rick at this point? 4 59 Planning Commission Meeting - September 4, 2007 Rick Pecoquin: Just the additional parking lot on the site right next to the building also does have handicaps right next to the building itself so. So that's handicap accessible. Ryan Lundstrom: So any questions you might have, we'd be happy to address. McDonald: Why don't we start down to my right. Any? No questions? Larson: No. McDonald: Kevin. Dillon: You answered my questions I was going to pose to you. Ryan Lundstrom: Okay. Keefe: Just a quick question. I mean when you have these events and you're going to have this parking lot full you know and you have traffic to deal with. I mean how do you typically operate that? I mean you bring in people to help people cross or do you depend on the light to do that or? Ryan Lundstrom: No. Keefe: What are you intentions? Ryan Lundstrom: We've hired the sheriff's department. They've been very helpful. I think even 2, even 3 of them possibly. Rick Pecoquin: For the most part. Fire Marshal. Two fire marshals and the highway patrol. Ryan Lundstrom: Yeah. Keefe: See that they do assistance to help people cross? Ryan Lundstrom: Yeah, and let you know too, just from part of this mystery. If you're familiar with the location, if you come from Highway 5 coming from Minneapolis and you take a left on Audubon, then you take an immediate left into Paisley. Well the people, if we allowed that, you'd have a major parking jam going past Powers and Market Boulevard and so what we did, we have signs to have people go, it's down by the city, what's that road you have property on? Park Place? So they'd come up from the south up to Paisley and that way we eliminate any congestion up at the stop light because it's such a major intersection. So we've done that in the past most successfully, and that now with this additional parking lot, that's the whole thing too. They'd come from Park Place, over to the parking lot and then eliminate any congestion we might have up there. Keefe: Okay. 5 60 Planning Commission Meeting - September 4, 2007 Dillon: So the events that are planned, I'm sorry. McDonald: Go ahead with your question. Dillon: So the events that you have there like you know just private events and not open to the public? You might do some tours but besides that. Ryan Lundstrom: Yeah, this is open to the public but of course it's, it's not like the Target Center which has 19,000 people. This is limited to 1,200 at this point. What we'd probably get up to is probably more like 1,500 with the additional fire doors and so on. Rick Pecoquin: Whatever the fire marshal will allow. Ryan Lundstrom: Yeah. Dillon: How is awareness created about these events? Ryan Lundstrom: Awareness? Dillon: Yeah. I mean is it just. Rick Pecoquin: Usually it's a last minute deal where the artist Prince would perform and then they would make an announcement over the PA and tell the people would drive up afterwards. Ryan Lundstrom: Obviously we'd have everything arranged with you people ahead of time. Weeks in advance. So we're not springing a new one on you at the last minute. You know what's happening. That's usually the way he, that's the way he's performed down in Las Vegas and well even in London where he's at right now doing, what is it 21 performances? I think we've added a few extra. Rick Pecoquin: 7 more. Ryan Lundstrom: 7 more? There's like 480,000 tickets sold. It's enormous and he does like an after show type thing. You know he did that in Vegas and for those who like to stop at his restaurant next door, this is in Las Vegas now, you could go in and I think, I was there, that seats like a few hundred people. So he likes to do those type of things. But again at a very reasonable cost too. McDonald: Mark, you have any questions? Undestad: I just had a question on the location. Why you picked that side of the site, and you may have answered that by routing traffic up Park Road. Ryan Lundstrom: Correct. Yes. 6 61 Planning Commission Meeting - September 4, 2007 McDonald: Okay. Well the questions I have were brought up as far as lighting in this area. I understand it's advantageous for you as far as being able to control the lighting and it would help. It only needs to be on whenever you've got something but you've taken out of the plans the fencing to keep it private. The concern I have is that all of a sudden now we have a parking lot there that's open to anyone. How do we restrict anyone from coming in there and if they do come in there and park and the lights aren't on, what happens as far as if something happens within the parking lot? Ryan Lundstrom: Yeah, good question. Well the, well the existing businesses that are there really don't have any need for, I know McGlynn's Bakery, or. McDonald: Yeah, I don't believe that they'll need any of the parking. Ryan Lundstrom: Right, and even the daycare center. Actually the only viable business, and they don't really have events that would require the use of a parking lot. In fact that street, that dead end street, what's that called? Is that McGlynn? Yeah, McGlynn Drive. Yeah, there's more than adequate parking right along the streets to accommodate the daycare center so we don't see any reason, we would be the only people who would have an interest in actually using this parking lot. McDonald: Okay. Now I'm just you know kind of a posing the question that yeah, you've got a parking lot. People will want to park there and if something were to happen in it and because there was no lighting or something on the off day, and you're not going to have it on that much because you're right, these things are rather few and far between so it's not as though it's going to be an every week occurrence or anything. That's the only question I'm posing about this is, how do you control all of that? And I guess you can't answer it and that's fine. I just wanted to raise the issue. Other than that, I have no further questions unless anyone else does. I thank you very much for presenting this to us. Ryan Lundstrom: Okay, thank you. McDonald: Thank you. At this point I will open up the meeting to the public. Anyone wishing to come forward and make comment, please come up to the podium. State your name and address and then address your comments to the commissioners. Seeing no one come forward, I will close the public meeting and I will bring it back before the commissioners for deliberation and we will take a vote. Mark, you want to start with anything? Undestad: No. Keefe: I'm fine too. Dillon: No comments. Larson: The only comment I would make is kind of expanding on what your question is and it appears to me that it's not a real obvious entrance into this parking lot and then if there's going to 7 62 Planning Commission Meeting - September 4, 2007 be trees and shrubs all the way around it, it's not like it's going to be completely visible that anybody would encroach on Audubon or Coulter. I don't know, in my mind it's an issue I guess. McDonald: Okay. Papke: I guess I'd be in favor of a 22nd condition here which would be to allow the applicant to conditionally light it on the basis of gating the entrance. As long as, I think they control the entrance to the parking lot, I think that would, with all the shrubbery and so on, I think that would be sufficient to allow them to light it at their option. I guess that's what I'd put out for them. McDonald: Okay. Keefe: And just in regards to the lighting, I mean we've got McGlynn across the street. We've got the daycare which I think already casts off some light at night anyway, so and if somebody wanted to go in there right now, maybe they could presumably drive their car into the field right now if they wanted but you know, police do go by. They'd kick them off there. The same thing I think would be if you know. Papke: I'd just be concerned with you know during the winter, kids doing donuts there or something. If there's no lighting at all. And there was no controlled access. McDonald: Yeah, and an empty parking lot's an invitation for that kind of stuff. You know, and the big reason I raise the issue is what's the liability to the City. If there is none, then it's all upon Paisley. It's not our problem. Keefe: So they would need to decide whether they wanted. McDonald: Right. I only raise it from an issue of liability in case some kids go in there and decide to do donuts or whatever, but empty parking lots with no lights are an invitation for people to go and gather. You know, well never mind. We all were young once. So yeah I mean that was the only reason I raised the issue. Right, it's their liability. Okay, then in that case I'm willing to accept a motion from the commission. Papke: Mr. Chair, I make a motion that the Planning Commission recommends Site Plan approval of Planning Case #07-18 for a parking lot, plans prepared by Proterra Design Associates, Inc. dated 08/07/07, subject to conditions 1 through 21 as stated in staff report with an additional condition number 22 that the applicant be granted the ability to conditionally light the parking lot as long as they gate the entrance to the parking lot. They control the entrance. McDonald: Okay, do I have a second? Larson: I'll second it. McDonald: Any discussion? I hear a little bit of a moaning over here. 8 63 Planning Commission Meeting - September 4, 2007 Keefe: Well my problem is just, you know I don't know why we need to regulate a gate. They can decide, it's their liability as to whether they need it gated or not. Papke: In terms of city regulations with lighting a parking lot, any, what's the bottom line? Does the city require lighting? Generous: We require that parking lots have lighting. Papke: So all I'm, all we're really saying here is we're relaxing the restrictions slightly by controlling access. Dillon: How so? Papke: With a gate. Undestad: They have to leave lights on all the time or they can… Papke: Or they've got to close the gate. Dillon: So is that the ruling? I mean is that. Keefe: That's what he suggested. Papke: That's what I'm suggesting. Keefe: My counter point is, is let them have lights to save energy and lighting the city and it's their liability if someone gets hurt there. You know they have, they can gate it but it's their's. It's their responsibility. Undestad: So does the city require parking lot lighting? Generous: When, well I should. Keefe: Public lighting. Generous: Yeah, you have to light it if people are using it. That's the end result. Undestad: So if Jerry's in there doing donuts at night… Generous: He's also trespassing I believe. Dillon: But the city doesn't require a gate. Generous: No. It's like any other parking lot in downtown. We only require it if a facility's open and people are invited, or using that facility. 9 64 Planning Commission Meeting - September 4, 2007 Keefe: So let me ask you this. I mean if it's, if we require lighting, does it necessarily have to be on per ordinance? Or does it just have to have the lights there? Generous: Well they have to have the lights and it has to be on if there's an operation going. Keefe: So in a sense I mean it's…if there isn't anything going on then they don't have to light it. Generous: They're not technically required to have. McDonald: Okay, I guess what we have, we have a motion with an additional recommendation. You can also put forward a motion that would go with just this recommendation and the 21 and we'll vote on both. Would that be acceptable Bob? Generous: Yeah. McDonald: I thought it would be. We have a second on the first motion. Keefe: Then we need to vote on that. Generous: You can vote on the motion, the amendment and then. McDonald: Okay, all in favor of the recommendation that we adopt the recommendation for the site plan with the addition of a 22nd recommendation granting conditional use, granting intermittent use of the light based upon controlling access to the parking lot say aye. Papke moved, Larson seconded that the Planning Commission recommend an amendment to the motion adding the following condition: 22. The applicant be granted the ability to conditionally light the parking lot as long as they gate the entrance to the parking lot. Papke voted in favor, the remainder of the commission voted in opposition. The motion failed with a vote of 1 to 5. McDonald: Okay, the motion fails. Do I have a second motion? Larson: The motion to approve it without the 22nd? McDonald: No, with the 22nd in. Larson: Are we going to do another one without it? Keefe: Yeah, I'll make a motion. McDonald: Yeah, we would do another one without it. 10 65 Planning Commission Meeting - September 4, 2007 Keefe: And I guess point of clarification. Just revisit this one thing. They have to put in lights. They don't necessarily have to be on except when they're using it. Generous: Right. Keefe: That's the ordinance. Generous: Interpretation of the ordinance. It's only necessary. Keefe: Alright. I'll make a recommendation Planning Commission recommends Site Plan approval of Planning Case #07-18 for parking lot plans prepared by Proterra Design Associates dated August 7th subject to conditions 1 through 21. McDonald: Okay, do I have a second? Dillon: Second. Keefe moved, Dillon seconded that the Planning Commission recommends Site Plan approval of Planning Case #07-18 for a parking lot, plans prepared by Proterra Design Associates, Inc., dated 08/07/07, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The applicant shall submit a lighting plan for City review and approval prior to beginning site improvements. 3. The perimeter landscaping on the south and east sides of the parking lot shall be located such that it is between site fencing, if installed, and the roadway. 4. Replace red oak plantings in islands with elm cultivars, Autumn Blaze maple, or ginkgo. 5. All city boulevard trees shall be protected during construction. Any trees lost due to construction shall be replaced by the applicant. 6. The applicant shall add one tree to the landscaping along the west property line for a total of 10 trees. 7. Increase the minimum inside width of all islands to 10 feet. 8. A revised landscape plan shall be submitted to the city for approval prior to beginning site improvements. 9. Site landscaping shall be irrigated. 11 66 Planning Commission Meeting - September 4, 2007 10. Field verify existing conditions prior to construction. Submit existing conditions plan with next submittal. 11. Submit revised stormwater management plan. Current calculations show that catch basin #7 does not have enough inlet capacity, the velocity between catch basin #8 and catch basin #1 is over 10 fps, and the existing storm in Coulter Boulevard does not have sufficient capacity. There is a 15” storm stub in McGlynn Road to help resolve these issues. 12. Additional spot elevations shall be added at the intersection of McGlynn Road and the proposed drive to ensure that drainage is conveyed through the intersection and the curb line maintains a .5% minimum slope. Also, add spot elevations to the high points in the parking lot. 13. Paved surface grades shall not be less than 1%. Curb line grades shall not be less than .5%. Emergency overflow locations and elevations must be shown on the plan. 14. An easement is required from the appropriate property owner for any off-site grading. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 15. Add top and bottom elevations to the retaining walls. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 16. The watermain must be revised to meet city specifications. The hydrant must be installed according to Detail 1004 with a valve and a plastic wrapped CL 52 DIP lead. Watermain fittings shall be wrapped ductile iron. 17. All watermain and storm sewer within this site shall be privately owned and maintained. An irrigation meter will need to be installed. 18. Utility plans shall show both plan view and profiles of all utilities (water and storm sewer lines). Storm drainage arrows need to be corrected on the plans. 19. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The city specifications shall replace the technical portion of the specification. The applicant is also required to provide a cash escrow to guarantee restoration of the boulevards. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Carver County and the Watershed District. 20. Show the cross-section of the parking lot on the plans. Provide a turnaround near the entrance to the parking lot if a gate is installed. Upon completion of the project, the applicant shall submit a set of “as-built” plans signed by a professional civil engineer. 21. Handicap ramps must be installed according to City Detail Plate 5215. 12 67 Planning Commission Meeting - September 4, 2007 All voted in favor, except Papke who opposed, and the motion carried with a vote of 5 to 1. PAPEDIS VARIANCE: REQUEST FOR VARIANCE TO HARD SURFACE COVERAGE ON PROPERTY LOCATED AT 2101 PINEHURST DRIVE. APPLICANT, SOUTHVIEW DESIGN, PLANNING CASE 07-19. Public Present: Name Address Tim Johnson, Southview Design 1875 E. 50th Street, Inver Grove Heights Scott Boeddeker 6710 Manchester Drive Angie Auseth presented the staff report on this item. McDonald: We'll start to my left this time. Kurt. Papke: What are the lower, there's a table on page 5 that shows the differences from what, the issues with the building permit and there's two items on there I couldn't quite make out from the plan. They're the lower wall and upper wall. Are these the retaining walls? The boulder retaining walls in place. Auseth: Yes, those are the retaining walls. Papke: That's all. Larson: Okay. I have a question. McDonald: Go right ahead. Larson: If they had used a different material rather than brick pavers. Something that was, what do you call it? McDonald: Permeable? Larson: That will accept water, would this have been an issue? Auseth: Yes. Currently we don't give any credit to any other types of material. Things that are pervious, and we appreciate the fact that people are putting those in but at this time we don't give any credit for those. Larson: What if it had been grass as opposed to brick pavers or you know something that was maybe harder surface however you know something, an example would be like a putting green type of grass surface where it would accept water. 13 68 Planning Commission Meeting - September 4, 2007 Auseth: The difference would be. Larson: Well because that to me, it's, it will accept water. Generous: A grass surface would have been acceptable but. Larson: It would have? Okay. Generous: It's just the council has resolved the issue about pervious pavers and that. It's still part of the discussion that they're having at the council level. Larson: I see. Papke: Is pervious, these pavers? Auseth: When we were at the site the contractor was showing us how the water went through, telling us that they're pervious but there again we don't have any way of gauging that at this point. It's what we would give credit for. Larson: Because typically the brick pavers, if they are pervious they're put on sand and they do drain quite well. I don't know, that's all I had. McDonald: Kevin. Dillon: So in the table on page 5, all of those items you know besides the house and the driveway that are proposed, are they all done? Or are they still proposed? Auseth: I believe just about everything is already done. The deck wasn't quite finished when I was out there. And as far as the patios, they're done and the fire pit's done. The retaining walls are in. The front sidewalk is in. Dillon: Alright. And so, so the staff informed the developer of the hard cover issues during the subdivision process so Lennar was fully aware of all of this? Auseth: Correct. Dillon: And was the company that was doing these proposed improvements, were they aware? Auseth: I'm not sure if they were aware or not. Dillon: Okay. And was the homeowner aware? Auseth: There again I'm not sure. 14 69 Planning Commission Meeting - September 4, 2007 Dillon: Alright. So again, what was their reaction when they were told to stop the improvements? Auseth: I believe they were upset and came in to City Hall with their proposal going for a variance. Dillon: Okay. Alright and so, I expect the applicants will be up so I'll save the rest of my questions for them. McDonald: Dan. Keefe: Do you require in our development agreements any sort of disclosure from the builder and/or the developer in terms of the limited amount of additional, the available hard surface coverage because we knew that this was going to be an issue on this. In this development. Of we had a pretty good idea because we talked at length about it. Generous: We have in the past but not specifically on this one. However even with that when 340 some square feet of additional impervious surface after they built their house and put the driveway and sidewalk seemed like a sufficient amount. Keefe: Right. Well and I just wondered about, you know how did it get from…to Lennar, you know landscaping to the homeowner and the homeowner's, I don't know who's at risk in this one. It remains to be seen but what we did on this one… Generous: On the city code there's 25% site coverage. McDonald: Mark. Undestad: With only a handful of homes built out there now, …did they look at what they did the first time in changing some lots around or is there an opportunity to add onto the outlots somewhere or…buy a park lot out there or something? Generous: Well, not a park lot per se. The City owns an outlot behind them. There's always that opportunity to acquire additional land from your neighbor but then that makes that lot smaller and if they took the same size house, it just pushes it down. You know where the variance would come in. Again when we looked at the expansion we though this would accommodate them. And it did. It accommodated the house and the basic house and driveway and sidewalk and it allows for 300 some square feet of expansion for the homeowner to come in. So you know if they reduce it a hair, they could have made it up there. Lots of trade off's that people have to make. Keefe: One additional question. On the decking, you noted in the report that this particular decking seemed to be more impervious the way that it is. I mean is cedar decking we allow or? 15 70 Planning Commission Meeting - September 4, 2007 Auseth: Typically the slated decking that has the full length open inbetween each slate is, by policy is pervious. This one has the tiny holes which I've seen in other cases…pond pretty much on the decking. McDonald: I kind of remember when all this came in. What kind of discussions, I mean I know that that was one of the reasons why they expanded what, decreased the lots so we had bigger lot sizes because that was one of the issues that we brought up because of the type of homes that were being built on the smaller lots. What discussions did you have with the developer to get that point across that okay we have an ordinance of 25% and you take the home, the footprint, the property, 25% can be covered. Did they fully understand that? How did this get passed on? We have this problem consistently and I know that was the reason for the ordinance, a lot of the things that we've got now because we have, we had people tear things out so was this fully communicated? Generous: I believe it was and at one time the developer actually wanted to do a variance, a blanket variance for the development and we said no, we wouldn't support that and that's when the larger lots came into play. However as you, the house plan worked. The site worked when they came in for their building permit. It's when they started to create this extensive outdoor space with pavers. Now if they had the fire pit on grass with just the pit, we wouldn't have counted any of that as hard cover. So there's ways that they could utilize it. It would have been the retaining wall and they could have had a paved patio or brick patio up next to the house if they wanted a harder surface. But by expanding it out that they sort of ate up their green area. McDonald: Have you had discussions with the homeowner about the rationale for this and why it is the way it is and suggestions for alternatives? Generous: I haven't had personally. I don't know if they talked to our Water Resources Coordinator and she left that position so it's kind of open. McDonald: Okay. Larson: I've got a comment if I may. I was just noticing in here that the map you've got a couple of dry wells. It's got drain tile and all sorts of ways to help ward off the, a flood situation so it seems, I mean is there any way that those can be credited I suppose towards sort of the other stuff that they've got and then the brick pavers question too is, how does the city determine how pervious or impervious a brick paver is? Generous: Well the current policy is any time they put in a paver system, it's considered impervious. Because there's, even with those pervious systems there's maintenance responsibility. Over time they do become, unless you clean them out and keep them working, it becomes clogged and then it's just like. Larson: Even if it's like a sand or gravel underneath there? Generous: Yeah, because you're going to get fine particles that eventually go into those hole systems and clog them up. And so, but again that's part of the discussion that council's working 16 71 Planning Commission Meeting - September 4, 2007 on is, if they go along with these different pervious systems, how do we, how are we going to administer them? Larson: It looks to me like they made effort to help offset that and so that's why I didn't know if there was any way to give them some consideration as far as that goes but. McDonald: Okay, is the applicant present? Okay, if you'd like to come up and address the commissioners. Tim Johnson: Hi. I'm Tim Johnson and I am a landscape design contractor with Southview Design and I am the applicant obviously for the first property and actually the applicant for the second property as well so I will apologize ahead of schedule if I do comment back and forth on both properties because they are kind of similar applications where we have a hard cover issue that we are obviously here tonight to talk about. So first I'd like to just begin by thanking you all for the opportunity to speak on behalf of my clients. My goal tonight is obviously to work with the Planning Commission, the City Council and my clients to make the results of the circumstances that we're under this evening, work for all of us. And obviously I've worked with Angie and getting her some of the information and kind of discussed with her some of the findings that was basically brought up to us during the construction phase. You'll find that my goal obviously tonight is to put in place, I believe Debbie was commenting on the drainage application that I've spent some time with and you'll find that I've got a few recommendations from engineers and other applications that we've actually used in similar systems in place where we needed to control drainage and water quality in other cities and developments. But before I begin with the drainage concept I just would like you to get up to date as far as the history of where I've kind of come into on this project at 2101. The hard cover code, as Angie mentioned was basically to our finding after construction began. This is definitely something new to a 30 year old company that does not exist on a non-lake property. A non-waterfront property. Typically we do understand that there is hard cover issues on application where there's a lake or river, but where there is a typical standard lot not fronting, not including you know drainage ponds or retention ponds, these applications typically don't arise on other situations. Landscaping in the state of Minnesota is a non-licensed trade which means that we basically don't need to pull any permits for any installations that we do as far as landscaping and patio work. Most of the hardscapes Angie mentioned are installed. The only application, just as a review is the patio underneath the current deck, which is this patio here. All of the hardscapes, including the retaining wall is in place as per the plan you see in front of you this evening. This was not installed due to the recommendation by the building department when they brought us up to speed as far as the current code or you know restrictions that the City had for the amount of hard cover, especially on this development. We cooperated by stopping all construction and cleaned the site as best to our ability during the construction site and we have not been back since in compliance with the request from the city building department. My clients has expressed the interest that we had in multiple areas to entertain and has a goal of improving his property along with the entire community, as you can see with his goals and ideas as far as the landscaping. They, like I are very discouraged of where we're at today and as I mentioned earlier are willing to work with you to get this corrected. Actually I received a stoppage of work. We were then informed on the current decking system that was approved, or excuse me, I can't speak on what decking system was approved because that wasn't contracted by me but that was to our 17 72 Planning Commission Meeting - September 4, 2007 knowledge, that the decking system that's installed is non-permeable which was already approved by the city well after the case, which was well after we started. We started the construction of our hardscapes prior to the deck construction. So the deck permit and all of that was accepted during the time of our construction, which then means that the hard cover issue, which is stated here at 23.2% I believe on this site before any improvements are made. If that's the case we already are over with the construction at that time so just to review that at 23.2% basically we have about 172 square feet, if my math is correct, before we hit the 25%. The deck is 406 square feet as it stands today and I believe, and Angie might need to comment on this but I think it's the main decking because the quantities I have on the specific plan in front of you just consist of the main decking part, not the landing and the steps because at that time Angie explained that the decking was a non-pervious surface because of the weep holes that are in the decking system. The steps and landing have the gaps inbetween the decking so we didn't include that as a hard cover quantity so I believe the 406 square feet is only the decking space itself. So after this was brought to our attention, that obviously made the rest of the hardscaping and the landscape plan that was put forth to this point even more difficult to succeed with. Since then I just wanted to you know just confirm that we've been under cooperation with the request at the City of Chanhassen of not doing any work. The concept that I would like to talk about, both properties now, and I'll try to stay specific here at 2101 is a concept that we've used before. What we've done and when we've opened up. I think I've got to apologize. I've got a larger scale drawing that we can put down. What we would do at each. Auseth: Upside down. Tim Johnson: At each downspout on each home, I believe there is 1, 2, 3, 4, 5, 6 downspouts that currently handle all the water that runs off the current foundation footprint. What we would do is take the water from the downspouts and collect those into 12 or 14 inch catch basins. Run those into a French drain. A French drain consists of drain tile with holes in it. I would recommend putting a sock around it to prevent any soil or any other debris to fill or clog those weep holes, but this would allow the water to get into the catch basins. Run into the drain tile and allow the water to come out of the drain tile slowly at it's current pace, depending upon the amount of rainfall. Around the rocks, or excuse me, around the drain tile you would have a gravel. Typically it's 12 inches in space around it. Around the actual drain tile. And then from there the drain tile would run the whole distance of the side of the home, I believe back to this one, but here's a catch basin that would go out into the property. Staying out of utility and drainage easements and running within the property boundaries and they would connect and then run into dry wells. The dry wells we're proposing right now are two dry wells, one here and one here. And then this would collect the one side of the home, and this would collect the other side of the home. The drain tile application would run into the dry well. They are 5 feet in width right now, and then they're going to be about 6 feet in depth. Basically this will allow us to get below frost line which will allow for any of those freezing rains or freezing conditions to allow us to handle that under grade. The property, if you haven't visited it has a walkout so there's at least a 9 foot drop from the front foundation of the home to the back foundation of the home. Therefore reducing the chance of these pipes freezing in the winter months. The drain tile applications would be sized per the requirements from an engineer firm. I had a letter of recommendation, and I have individual copies if you all want but I can put that up for you to see. I don't know if you want a copy of that. 18 73 Planning Commission Meeting - September 4, 2007 McDonald: If you could go ahead and pass those out while you're talking so we can read those. Tim Johnson: This is from Chris Merrill at Westwood Companies. I'm not sure if you're familiar. Chris is, worked with Pinehurst development and is familiar with the exact development that we're talking about this evening and he is in favor of the recommendation that I have in front of you this evening. There are several extra steps which will cost several thousands of dollars of getting their approval and their time to get this approved as far as sizing the pipes and then also determining the size of the dry wells. That is something that we are willing to get nailed down for you in the next week or so. However that does cost several thousand of dollars that both my client and I and Chris feel that we need to present this concept before we take that next step as far as getting that put in place. It doesn't make sense to do that you know if this isn't going to work but this is an application that he feels very strongly about that he's used in the past. I also have copies of another project similar to this that we have installed, and I've got copies for each of you. This is a project that we've worked with that we've got an engineering firm that was basically presented to us and a developer had to present as part of another. So we've had a drainage concern. It wasn't a hard cover concern. This is basically a drainage catch area to reduce the amount of stress on a bluff line in the city of Minnetonka. This application has been used through that whole entire development and this is one of the last homes that is being installed as we currently speak and it's a similar drainage system in most the lots that overlook this bluff line. This is a very similar situation where we've got a drain tile application here and a drainage area around that drain tile. This application is calling for a 3 by 3 area. The length of the back of the home and these are tied in with the catch basins from the gutters, boxes at the corners of the home. This example is going to be put in place and it's available to be used seasonally so the winter months is not a concern as far as you know any freezing and thawing. This I see as a similar concept that Chris has talked to me about and would recommend for the 2101 residence. We basically would base it off a 1 inch rain storm per Angie's comments a few weeks ago as far as how we would calculate the amount of rainfall that these basins and drain tile systems would be able to afford to handle. The system that we would put in place would be obviously finalized and reviewed and we could present that at that time if need be. Otherwise we could just ask for Chris' recommendations to be approved once those pass your desk. Those concepts along with, I've got another concept that I can keep going on about but I don't want to waste your time, but these are other concepts that we have used in similar applications. The other thing that we want to talk about is, obviously on both properties we are installing retaining walls. These properties are very steep as far as grade in the back yard so the water that you currently have, whether we do improvements or not are going to get down to that retention pond faster than what they would today. The retaining walls that are in place actually level off the back yard which slows the water runoff from getting to the pond and actually makes the back yard that my clients have purchased more usable for their entertaining sizes of their families and their property needs. Along with the retaining walls and the dry wells, we also are installing several key plantings opportunities with other plantings. Over story trees and shrubs. I believe on this property we've got roughly about 13 trees going in, which is a major upgrade from the development trees that are approved by the city, as well as several under story plantings as per the plan. Along with this as mentioned by another city official that sometimes sod is considered a non-permeable application because of the compaction of the traffic, as far as equipment traffic under construction. So if we design the standard sod and soil installation, we'll work up the 19 74 Planning Commission Meeting - September 4, 2007 ground and put in the minimum 3 to 4 inches of good, pulverized top soil below the sod…but also allow for saturation for any rain runoff. The improvements that I have in front of you, we'll take roughly 3,200 square feet of water runoff from the foundation and capture that below ground instead of having that run to the retention pond, whether there's sod there or not. That basically means that I'm actually reducing the amount of runoff from the current property as the plan sits today with all the hard surfaces, i.e. meaning the driveway, the walkway, the patio, the decking system, and the fire pit application and the lower deck application because we basically will take 3,200 square feet of runoff and I believe my quick calculations were that all the hard runoff was roughly about 1,600 square feet. We believe that the 3, a couple examples that I've provided you tonight as far as similar concepts, in the future landscaping is our goal to support better runoff plan than most lots in the current development. The drainage examples are a great way to help support the proposed landscape and hardscape plans that are have been proposed this evening. These concepts come recommended by the city officials and engineers for the letter of recommendations that I have in front of you. And then I strongly believe that with good engineering and patience we can all come to some compromise to help develop a good community for all to enjoy. I, like most of you in this room don't want to have any great fight over this development with future projects. I'm going to be in this development hopefully working with other plans and I want to be able to start off a relationship with you on good circumstances. Finally I ask for your consideration of this concept with the recommendations by Westwood to help build a good drainage plan for my clients to have their exterior dreams be fulfilled. I'm eager to work with you on coming up with a good plan to help us today so with that, and these projects that are in front of us tonight can go forward to keep all happy. McDonald: Okay, thank you very much. Any questions? Undestad: Your letter from Westwood here, did they, have they used this? And actually have these installed and provide these for runoff areas? Tim Johnson: Yes. Yep. Undestad: And do these, it's another way of them, instead of rather than putting in their own… retention pond with these, does this work for that too? Tim Johnson: I can't comment on it working for retention ponds, but I do know that, I can comment on it actually collecting the actual runoff from the lot areas and reducing the amount of runoff in those specific areas that we want to prevent it from happening. Undestad: And then they ask your, and again all this is kind of concepts and ideas. Tim Johnson: Yep. Undestad: …referring to on here but the overflows on the end, is that potential failure in the system…? Tim Johnson: Well the overflow is basically to handle, let's say you get more than a 1 inch rain storm that you know if it did fill up for whatever reason, there is a way for it to exit. But the 20 75 Planning Commission Meeting - September 4, 2007 system that he would have in place that it would handle a 1 inch rain storm and then some for the areas of drain tile and the dry well areas. The 1 inch overflow we typically put in just because if it does, the water's going to seep up one way or the other but that's where it sizes it according to the lot, the hard cover that we have in place. Undestad: How did you pick a 1 inch rainfall, just out of curiosity. Tim Johnson: Well I spoke with Angie, I don't recall, I believe it was you know in the last month as far as how we would calculate that. That was one question that they wanted to know, you know was it a 5 year rainfall? Was it a 24 hour rainfall? You know there's different limitations that they can follow to determine that and whatever the city would require, that's what they would follow basically. Undestad: You mentioned were you, or did somebody else pull the permit for the deck? A contractor of your's in this? Tim Johnson: It's a contractor that the homeowner. He's contracted with another decking company. We don't do the deck work in-house. Undestad: You don't coordinate any of that? You had nothing to do with that? Tim Johnson: Well I'll give them a couple names and we kind of worked with the decking company you know and this is actually the first city this decking system's been installed in several other cities. I've been in this for over 10 plus years and you know we're, I'm doing projects like this several of these a month and this is the first application where we found out that this kind of decking system is a concern to any city that we work on. Undestad: You've never come across the zoning ordinances…anywhere else? Tim Johnson: Other than working on an application, for instance like the City of Minnetonka, their health codes cover…is 30%. So that's what, we do check in with the city in river situations where we come across that. But not on a standard lot where you know retention ponds or NURP ponds, whatever you know the drainage system is in a specific development. Those are typically handled and one of the things that you know has brought up from another engineer is how has the 25% come up? Has it, you know where is the drainage report to support that? Is it a 25%? Is that where we want to start out at? Can the development handle 30%? You know those are some concerns. We all believe that you know, we all come into this at the wrong time. You know whether it was communicated, you know my clients all state that they were not communicated, that this was not communicated to them so we're standing here today you know the next property we have not started any construction on. We're basically following the steps. We're willing to work with you, you know as a planning commission that the city council of how we can you know get this to be better. We could basically walk in here and just ask for a hey, can we get this done the way it stands but we're willing to be realistic and say okay, we're willing to do some extra steps and measures to correct the runoff, concerns that have been brought up in front of us. 21 76 Planning Commission Meeting - September 4, 2007 Keefe: The problem is you can't stop 5 inch rains and the mud that comes sliding down the hill into people's houses and that type of thing. That's you know, I think we could do something to mitigate some of that but, yeah. I mean we came out a couple years ago pretty tough rain situation and runoff situations here and that's sort of, you know that's…people and developers all you know, there's all sorts of you know situations because of the amount of rain we had… Two of them back to back, it's. Tim Johnson: It's been very unique the last couple years with the amount of rainfall so, and you know can do the rain gardens, which a lot of people propose but as a contractor I'm not a big fan of those because you take the last year or two where there hasn't been any rain. You put the plants in there that are supposed to be able to saturate the water. Plants don't live because we don't have rain. You know therefore that's system, exactly. Now I guess my only comment on how do you, you've got to calculate for the 5 year rain storm. Currently the rain system that we would put in place is going to handle the water better whether this client has nothing that's proposed on this property and walks away and just puts sod in. He could walk away and then all that water's getting down there faster. At least we're taking that water and we're walking away from it. Putting it in the ground and we're still having less runoff. Hard cover concerns, if you take the 3,200 square feet that we're taking of the house…and still handle about 1,600 square feet of hard cover. You know with the patios and so forth. Keefe: You know I guess kind of what I was just going to ask you a couple questions just in relation to how this slipped through the cracks. You know I mean, it's surprising to me because I'm…some other cities too and they also have hard surface coverage. I mean it's pretty normal for a lot of cities and so I'm a little surprised to hear you say you've never run into it before but setting that aside, you know it seems to me that if you're working with Westwood or you're working with Lennar, you're working with anybody else you would have somehow come across that particularly given the work that you guys do and so I'm, and at some point you've got to come to the city. I mean I think, and maybe you don't. Tim Johnson: We're basically a landscaper of choice by Lennar. We do base packages that I'm typically not involved with. I do more extensive projects, but these packages are rock and poly and a few plants around the house and sod and irrigate it and walk away from it. Now clients typically can have a choice of improving their properties and taking the next step on the front side of their actual construction of their landscaping and the two clients that I'm representing this evening have chose to do so. Therefore they're the first two clients that have come across this but you can kind of walk around that development and see some other work that's been done and kind of question the amount of hard cover that's actually in the development. So those are some concerns. This is the first, this is really the first time that we've ever run across a situation where the 25% is a situation. Keefe: Yeah. Tim Johnson: City of Minnetonka, as I mentioned earlier, is 30% and they're on a lake so. Keefe: Yeah. So in working close with Lennar, they never indicated to you guys I mean that it was you know. 22 77 Planning Commission Meeting - September 4, 2007 Tim Johnson: No. We have not basically you know, this is something that's been, it's on the surveys. I'll admit to that. That's something that after going through all this, you know Angie and Bob here, this is obviously a situation we don't want to be in but we're here. Keefe: It's in the code, and yeah. Tim Johnson: But you know as I mentioned earlier, we don't need to pull any permits so the question you know not to come across in the wrong way is how can we communicate this to our industry better? You know if we don't as an industry don't have to come into you know the city hall to pull a deck permit, to pull a patio permit, you know like we do with a deck permit, how do we do that for a retaining wall? Keefe: Every city is different. I mean every city. Tim Johnson: Well when you're working from Minnetonka to Big Lake to Elk River you know to Chanhassen it's… Keefe: It's different, right. Tim Johnson: Every city has got their own codes and their own recommendations so. Keefe: I don't have any questions. McDonald: Kevin. Dillon: Yeah, I mean Dan stole my questions. I mean I was, I'm still a little surprised that it did slip through the cracks like this, and this is a question maybe for the staff. So if this variance is, we go along with your recommendation not to grant it and then at the end of the day you know we're not over ruled or whatever by the City Council, what then happens to the work that's been done? Generous: It would need to be removed. They would have to bring it into compliance with the 25% coverage. Dillon: Okay. And I. Tim Johnson: Can I make one comment on that? The investment that my, obviously it goes back to trying to find out all this out now but the investment that's in place right now is over $40,000 of my client's hard earnings so there. Dillon: That's a lot of money. Someone should have done a little more due diligence on this thing. That's like you know kind of the bottom line on this. You or the customer or both. McDonald: Okay. Debbie? 23 78 Planning Commission Meeting - September 4, 2007 Larson: I'm going to save my comments for discussion. McDonald: Okay. Kurt? I've got a couple of questions. You made some statements about yeah, you're a non-licensed professional and you don't pull permits and everything. Did you do the overall design for all this landscaping which would have included the decking and all that? Did you put that together or what part of the overall design did you do? Tim Johnson: I worked on the overall design of this specific project. This project was handled by another sales representative prior to me taking over, so it was already contracted over the winter months I believe back in January and December. Then that individual, for a couple reasons it was turned over to me so everything was basically in place and I just basically, the deck design was a concept and the deck contractor said okay, this is what the client's looking for. McDonald: Do he ended up doing the details of it and selects the material. Tim Johnson: Exactly. McDonald: Well you know again as you say you've got $40,000 at this point tied into this. With all this money, why don't you check with city ordinances because I do know that there are a number of cities that do have restrictions. Maybe more or less than our 25% but there are restrictions within these cities and I have to tell you, $40,000 I don't think sets the record for what we've made people correct so don't tell us how much it costs. That's not going to get at our hearts on any of this. Why don't you check with city ordinances? Tim Johnson: I'll, it's definitely going to be one of the things that we do from here on out so, especially in, you know newer developments where this is obviously becoming more of a concern. Some of the older developments, you know the drainage and some of that other reports aren't as available because of the surveying at the time wasn't as adequate as it is today so. McDonald: Okay. The other thing that I'm intrigued about is the dry well concept. I mean you mentioned all that. What studies or you know scientific data do you have to back all that up that you present to the city engineering and maybe persuade them to change our ordinances? Tim Johnson: We've got several sites. I mean you could start with the sites that we've actually installed these applications on and you know some that are a year old and some that are 5 to 6 years old. They work, especially when you get down below the frost line. You get down to you know some of the better soils that we can get into where the water can actually basically seep into the ground. The development that I showed you, well these aren't just drawings that we put into place here. This is recommendations from construction, you know Schoell and Madsen engineering service you know pioneers just like Westwood is. And they've got you know the knowledge and the test studies to be able to determine the void in the rock for the amount of rainfall. You know all the drain tiles. They're the ones that you know the ones that are educated to make those decisions. McDonald: Okay. 24 79 Planning Commission Meeting - September 4, 2007 Shamla: Chairman McDonald, may I make a comment? McDonald: Yeah, please do. Shamla: I'm Joe with the City of Chanhassen engineering department and the soils in the city of Chanhassen are a lot different than other communities so something…quarter inch of sandy soil, this is probably, could be a good way to mitigate some of this water but in the city of Chanhassen having clay soils, the infiltration isn't good here and that's why the City Council is undetermined on whether permeable pavers are a good alternative. McDonald: Well that's where my comment was. I know the soils are different and that's why I'm asking for what studies have been done. What works good in one area may not work in another and again all of our stuff, you ask where 25% comes from. It comes from these studies. It comes from the U.S. Hydrology Guide for the State of Minnesota you know looking at soils and permeability. This was not just a number we picked out out of the blue sky. You talk about other city officials and engineers who I guess have adapted all this and seen great. Who are they? What cities? What engineers? Is there a list of people besides Minnetonka that have adopted this because again I'm intrigued by it but I haven't heard that much about it. Tim Johnson: Well Westwood would have to do a soils test which they probably have all the documentations since they did all the actual development work. They would, and you know that's why I'm closely working with them because they do know the development. There's got to be some comfort level for you know any department with the city of Chanhassen, obviously the Planning Commission and the City Council to make those decisions with the right people making the right recommendations for this application. I do understand the soil conditions are definitely different here. They're heavier soils but what we would do is require their testing as far as the soil types to make those decisions as far as that goes. I do have another project that I could show you where in the City of Inver Grove Heights where we had to do a permeable paver driveway application and I do have an email from. McDonald: Well okay, let me stop you right there because you're talking to the wrong people. We're not engineers and anything you would tell us, it sounds great but you know, I would defer everything to the city engineering staff anyway. What I'm trying to get at is, yes this is probably information that needs to be shared. It needs to be shared with the engineering group and then it percolates up to us. They will explain it to us and we'll all feel great about it. I mean the other comment that I would ask you about, you say this is designed around a 1 inch rain storm. How typical is that around here? Where did you come up with the 1 inch rain storm? Tim Johnson: That was you know, I kind of presented a concept to Angie a month or so ago, or right after this was stopped. Kind of asked her, you know some of our thoughts that we came up with in talking with Westwood and that's where you know I got the 1 inch rain storm from as far as okay what calculations I come up with. What would you require as far as me determining the size of these basins or tiles and so forth and that's where I got that information from. McDonald: Okay. I don't mean to give you such a maybe rude reception and everything but a couple years ago in that general area where you're at, we had a very bad event and it wasn't just 25 80 Planning Commission Meeting - September 4, 2007 that. We've had a couple of them in that area and people get rather upset and then they get upset with us and they get real upset whenever their property floods and it is a big concern within this city. Soil probably plays a big part in it and so yeah, you're going to get a lot of questions and there's going to be a lot of issues. The whole thing that I am surprised about is how this slipped through the cracks. I mean this was a big deal a couple years ago. We put a number of things in place about you know stopping this before people invest a lot of money and stuff in and then we come along and tell them, sorry you've got to tear it out. I would like the staff to find out what went wrong because these things should not be happening. Keefe: Jerry can I ask one more question? McDonald: Sure. Keefe: Just in passing I just wanted to revisit it for me. You said that Lennar is selling a couple different landscaping packages along with the custom or recommending a couple of different ones which is a real limited approach and one is more of a custom approach and that's who it ended up getting to you. Is that kind of how that works? Tim Johnson: The single package, yeah the base package that is put in front of them is just basically green goods. You know sod. No. Keefe: A couple shrubs. The shrubbery. Tim Johnson: A couple trees, sod and irrigation and if the client says well you know we want to expand upon that. They want to basically, they want this to be you know the Bearpath application and that's where I do get involved. I'm not contracted with Lennar. We're basically contracting directly with the homeowner of the specific properties so the package. Keefe: You get a referral from them essentially is what happens and… Tim Johnson: Exactly, yep. Keefe: Okay. Alright. McDonald: Actually that was all my questions. Does anyone else have anything they want to add or okay. I guess unless you have someone else who wants to speak first. Tim Johnson: We'll just wait til the next one I guess. McDonald: Then I guess we'll open it up for the public meeting at this point. We thank you for your comments and everything. At this point I would open it up for the public to come up and make comments. Again I ask you to come to the podium. State your name and address and address the commissioners. Sir. Scott Boeddeker: Good evening. Scott Boeddeker, 6710 Manchester Drive. Downstream. I'm on the south side of that pond. I would recommend you agree with the staff, that you don't do 26 81 Planning Commission Meeting - September 4, 2007 anything over 25%. My property's been flooded twice during the construction of this housing development. The first time was in June of 2005. Second time was Labor Day weekend of 2005. I had to take Plowshares to court because they failed to stand behind their subcontractor. They would stand behind the 5 inches of rain application for 100 year storm. Totally bogus statistics I believe. I was able to convince a judge of that. That the granite is flat and if 5 inches of rain happens way too often, this has happened 5 times, or 3 times in the last 5 years. I've got concerns about this pond every time it rains. In the spring when it's going to be frozen and the spring runoff and everything. I've got big concerns with this. You setting a precedence here. Allowing this to continue throughout the 41 lots. These lots are way too small for the houses they're building and I'm not surprised these homeowners don't know the situation. I'm disappointed in Plowshares and Lennar for letting this get like this but I would strongly urge you not to allow anything over the 25%. That would increase your liability of that pond overflowing into my property for the third time. McDonald: Thank you sir. Does anyone else wish to come forward and make comment? Well, seeing no one come forward. Scott Boeddeker: Just to add to that. That pond is full of springs already so the water level never goes down. I've told people this millions of times. I've told city staff. I've told developers. That pond is not going to hold a 100 year storm when it happens. McDonald: Seeing no one else come forward, I'll close the public meeting again and I'll bring it back before the commissioners for discussion. Start down here. Papke: Okay. I think we've been pretty consistent as a planning commission on these sorts of items. We've had other remediation efforts like you know rain gardens and so on that have been proposed in the past and I think we've been pretty good as a planning commission about not re- writing city code on the fly here. This one is way, way over the top in terms of the variance that they're looking for. The brick pavers, I have a brick paver driveway and it is impervious when it rains and the low spots, the puddles stay there until they evaporate so, you know it's only my one data point and that's certainly not an engineering study but I certainly am convinced that a brick paver patio or driveway is not a permeable surface so I really wouldn't support using that particular argument to give any leeway to the homeowner here. I guess the only, there's a couple things where they do go over the limit here that I would support. I think you could make a case for leaving the boulder retaining walls there. You know those are pretty small quantities. We're only talking 200 square feet. 150 square feet of boulder wall and that is making the ground quite a bit more level and should help the infiltration across the board. And the decking one is, that's the first time I've seen decking come up as being a permeable. I walked underneath it today and you look up, you don't see any daylight so I understand city staff's position on it, but you know it is a new one from my perspective so I guess I would be in favor of pretty much going with the city staff with leaving a little bit of leeway for the boulder walls. McDonald: Okay. Debbie. Larson: Okay. Well, on the other side of the fence. I truly believe that the work was done innocently and I don't think that they, I think that it is a lack of due diligence. I really think it 27 82 Planning Commission Meeting - September 4, 2007 should have been checked out either by the contractor or developer or the owner before $40,000 was spent just because that would be smart. However, the work has been done. It looks like it's a very beautiful job. They've taken some steps to do French drains and drain tile and I mean they've gone over and above what you normally see around here. The landscaping I think is all around the house, it really adds, first of all the homes in this area really make a nice statement about Chanhassen. I like to see homes that are done well and I like to see landscaping that's done beautifully. What I would also like to see, and I don't know if the city wouldn't consider this but maybe they do need to relook at impervious 25% if it can be offset and I'd like to find out you know maybe it's an engineering thing again. You know if they did drain tile and dry wells that can handle a 5 inch event as opposed to a 1 inch event like they were designed. Maybe that's something that could be looked at or discussed. But I think neighborhoods like this are an asset to the city and I like that people really do want to take pride and ownership in their homes and put in these sort of things. I didn't know that the rain gardens don't work. That was news to me so like you said if it's dry, I guess the plants that are in there obviously aren't going to live. So maybe the dry wells are better and perhaps maybe this property could be considered, I hate to see all of the, all the landscaping pulled out if we don't have to do it. If there's some way to get around it, I'd like to see the city try. McDonald: Okay. Kevin. Dillon: I think it's an unfortunate situation but one that could have been easily avoided you know with a phone call. It's just you know unfortunate that it got this far but that's the way it goes and so. I agree with everything Debbie said. You know it's a nice neighborhood and it's, but that's not to say it couldn't be just as nice and still live within the guidelines that are set forth. They're freely available for anyone to ask and learn about. McDonald: Okay. Keefe: You know I just know too many incidences personally of people who have had issues with runoff in this city and I've got an issue and that's part of the reason why the ordinance is as it is. We let these through then we've got 39 other ones that we have to deal with up at the top of this hill where the water will run off of and it's not only here. It's in other locations in the city and I agree with Kevin that it's an unfortunate situation. My understanding Lennar needs to sell homes and they're going to recommend some things but at the same time there's a reason why we've got this thing in place and I think we've got to… McDonald: Mark. Undestad: Yeah I think, I mean again it is a very nice design on it but we have to go back to what we're here for again and that is what, why we allow certain things and why we don't allow certain things. I guess my only comment would be if the applicant and engineering and that, I mean if there was some way they could come back and find some way to contain their storm water runoff within that site, you know be it a pond or if they could convince engineering, and obviously the council…but again looking at what it is right now, no. 28 83 Planning Commission Meeting - September 4, 2007 McDonald: I guess the only comments I have is that I was here a couple years ago when this development was put together and it was a very big deal about the number of lots. It was a very big deal about the runoff. It was a very big deal about the 25% and we went through that in great detail. I am sorry that the homeowner doesn't know about it. It is not the city's fault. There is a duty I feel upon whoever goes in there and as a contractor there is a duty upon a homeowner to know. You live within a city. We have ordinances. It's in the paper. It is everywhere. We have made people go in and tear out works that are worth more than $40,000. We have gone through this repeatedly. We have got areas within the city that cause big problems. This is one of them. Another area was Lake Riley where we fought over this. The whole thing about giving credits for certain pavers and certain ways of doing landscape to offset the 25% has been looked at. I will defer to city staff. That is one of the things that they have been tasked to do to come up with some relief for all of this. I like the plans. I like the whole thing about what you're coming up with here about this dry well concept but again as has been stated, I don't know if that's sufficient for this area and that's where I would defer to city staff. That's why I asked what research do you have on that because we need to have ordinances that basically say for this amount of runoff to negate it you need this type of a dry well. I don't know if a 1 inch rainfall is a sufficient model to design to. Again, that needs to be stated within the ordinance if we're going to start giving leeway to the 25%. It's just we have been through too much within the past few years about flooding as Mr. Boeddeker brought up. He's not the only one. I am sorry as I can be that the homeowners have spent $40,000 and again I am sure that they will go through this and fight it all the way up but good luck on that. Again it's just I think the way to do this as an industry, if you want to do further work in this area you need to basically lobby our city staff. Bring them up to speed on other ideas and ways to do things and we will be more than willing I think to address this issue because we don't want people spending all this money and then we tell them, you've got to be in compliance. Tear it out. Sorry about the $40,000 but either you tear it up or we'll tear it up and we'll charge you for it. That's not the position this city wants to be in. That's why I'm a little upset about the fact this fell through the cracks because a couple years ago I made a big issue out of this. We have been through this. We have gone through a couple of ordinances to make sure this doesn't happen and I am very surprised that it is happening again. I'd like to know why. You know what do we need to plug up because I don't like voting against these variances but there's a reason why they're there and I will continue to vote again them. That's just, you know there's just too much that's happened within the city to just be granting these things. So I guess at that point, and the only reason I make such a big deal about this again, and I'm sorry to pick on you as the developer and the landscaper but a couple years ago whenever I became Chairman, this was a big issue for me because I've got a lot of friends, a lot of neighbors who have had a lot of damage because of this and I'm just determined we're going to solve this problem. Whatever we have to do, I'm not against giving credits for the 25%. I'm not against offsets but that's not my job to determine that this is sufficient. That's city staff's job and that's where this needs to be done. My recommendation to you all would be to ask us to table this and basically work with city staff and see if you can't come up with something. Otherwise I don't think this is going anywhere. But based upon that I am ready to accept a motion from the council. Undestad: I'll make a motion Planning Commission deny Variance #07-19 for a 7.4% hard surface coverage variance from the 25% maximum hard surface coverage in Pinehurst 2nd Addition with condition 1. 29 84 Planning Commission Meeting - September 4, 2007 McDonald: Can I have a second? Dillon: Second. Undestad moved, Dillon seconded that the Planning Commission denies Variance #07-19 for a 7.4% hard surface coverage variance from the 25% maximum hard surface coverage in Pinehurst 2nd Addition with the following condition: 1. The hard surface coverage of the site shall not exceed 25%. All voted in favor except Larson who opposed and the motion carried with a vote of 5 to 1. McDonald: And again, you do have the right of appeal to take this up to City Council and present the issue there. City Council does have the ability to waive our city ordinances as they see fit. So okay. PUBLIC HEARING: SCHROEDER VARIANCE: REQUEST FOR VARIANCE TO HARD SURFACE COVERAGE ON PROPERTY LOCATED AT 2081 PINEHURST DRIVE. APPLICANT, SOUTHVIEW DESIGN, PLANNING CASE 07-20. Public Present: Name Address Tim Johnson, Southview Design 1875 E. 50th Street, Inver Grove Heights Scott Schroeder 2081 Pinehurst Drive Scott Boeddeker 6710 Manchester Drive Angie Auseth presented the staff report on this item. McDonald: Mark. Undestad: No questions. McDonald: Dan. Keefe: Well in this case anything hasn't been built yet, is that correct? Auseth: Correct, it's not installed. Keefe: Yeah. McDonald: Kevin. 30 85 Planning Commission Meeting - September 4, 2007 Dillon: And so then the only thing is just the house and the driveway. Auseth: And the sidewalk. The sidewalk that was proposed with the building plan which was 120 square feet as opposed to 316 square feet. Dillon: That's it. McDonald: Kurt. Papke: No questions. McDonald: Debbie. Larson: I was just wondering if the city has talked to the homeowner about possibly using different materials. Auseth: We have not. We've only been working with the landscape architect. Larson: Okay. Auseth: But there again we don't give credit at this time for other materials as far as hardscape. Larson: No, no. I mean if they were to do something that was permeable. Auseth: Right, we don't give credit for permeable. Larson: Explain credit. Auseth: If somebody does a permeable paver, giving them a percentage of their overall square footage. They wouldn’t get a 100% credit for 100 square foot surface. You'd give 25% credit. Larson: Okay. So 25% is something. That's a fourth. Auseth: Right, but at this time it's also the exception hasn't been determined by council. Larson: So say they did 3 different porches and they got 25% credit on each one of those, if they used a different material, it might offset, what are we 4%? Auseth: Right, but council hasn't determined a percentage at this point. Larson: I see, okay. McDonald: 25% and that's it. Larson: Okay. 31 86 Planning Commission Meeting - September 4, 2007 Papke: Has the driveway already been poured? Is the driveway in place? Because, the reason I ask is, in this particular case, unlike the previous case, the driveway looks to be 3 car wide all the way to the streets so if the driveway hadn't been poured yet, they would have the option of maybe saving a little bit by pulling in the driveway. Auseth: Correct, and I'm not positive if it has or has not. McDonald: Really I've asked all my questions and said all my comments so I have no more for you, thank you. You want to come back up and address this again? We're really a friendly bunch. Tim Johnson: Alright. The driveway is in as the plan. The front walkway, the current development walkway we'll call it is in but does not look like the current plan. That, in speaking with my client, obviously we're trying to be, you know this is something that we're hoping, we're leaning for but after following the previous presentation, we're trying to be hopeful here. We've already got, any time you do a wall over 4 feet, particularly after…so phase 1 we're looking to really do is put the wall in to level off the back yard so you've got more green space, like we did at the other property. Put the staircase in. The patio, the fire pit patio is not going to happen so we're taking. Excuse me? Larson: Is there a fire pit? Tim Johnson: The fire pit's right here. Larson: Okay, we don't have one on our's. Tim Johnson: The fire pit is, well 242 square feet so we're willing to take that out of the picture. The walkway, the front walkway, we're going to keep the current development walkway. The driveway's in place. The deck plan that you see here are outlined in this area right here. And then this area right here is a proposed screen porch that they are looking to add in this space here. In my conversations with Angie, we were looking to start the retaining wall, the deck construction, the screened porch construction and we would still stay under compliance under the 25% just so we could you know kind of begin some construction here so my clients that moved from California can maybe get a yard sooner than later. After last week the wall….I understand the building department. The deck cannot pass through. They cannot supply the deck permit because we were instructed last week of the other code that assumed 100 square foot patio had to be assumed for any door that wasn't connecting to any walkway, which if I'm correct puts us 20 square feet over the 25%. Auseth: Right, and that's for the screen porch, not the deck. Tim Johnson: Correct. There's the decking here, I'm learning from the previous project, we are going to use a different decking system. That was communicated and instructed immediately to anyone that we're going to be working with the client, that the decking would have spaces between the deck so they weren't permeable. Just another way of us trying to do it right and finding out where we were on the previous job but our goal is to do the wall of the deck, the 32 87 Planning Commission Meeting - September 4, 2007 screen porch and we'd love to be able to do the back patio that's on this drawing here. There's a permeable concern given the pavers underneath the screen porch if the screen porch was ever being considered a permeable structure. It would just be the square footage under the deck and then the deck, or excuse me, the patio from the steps back to the lower patio door. So Angie correct me if I'm wrong, the only area that we would be requesting is the patio application on this lower area. That is above the 25% mark. Other than the extra 20 square feet that the city has to enforce, assuming that there's a patio installed of 100 square feet, which again we just found that out last week. Angie explained that, because there's no patio in place so I had to make that assumption and add that 100 square feet toward what we're representing. McDonald: So is this changing from what we have from city staff which says your proposed square footage was at 29.8 and you're now talking about scaling a lot of this back. Tim Johnson: Well we're trying to be realistic here with what we have in front of us. My client's very eager to get some green space in this year and…now that we have easy access of equipment and we're trying to be sensible you know from the city wants so that we can begin some type of construction. The wall and the decking could begin any time. Other than that extra 20 square feet that we're over. The wall has nothing to do with that. It's just the screen porch. McDonald: Okay. City, or staff. At that point are we over the 25% of what he's talking about? Is that within what you would be allowed to do or are we still looking at a variance situation? Auseth: If the patio door is not underneath the 3 season screened in porch, then we have to assume the 100 square foot unless they propose something else. If it's underneath the screened porch, we don't double count. McDonald: Okay, so at that point is he under the 25% with what he's now saying he wants to do? Auseth: 26.8. McDonald: 1.8 percent. Tim Johnson: For my reference so you just want to say what the, where you came up with that just so we're all on the same page. Auseth: Sure. I added the house, garage, driveway, front porch. Oh, I didn't add in the front sidewalk. Tim Johnson: What did you have for that front sidewalk again? Auseth: 120. Tim Johnson: Yep. 33 88 Planning Commission Meeting - September 4, 2007 Auseth: I added the retaining walls. The screen porch, the patio. Retaining walls and then the steps. McDonald: Okay, and that puts them over by 1.8% then? Auseth: That's 27.4 including that front sidewalk. McDonald: Okay. Any suggestions for, I really, I'm not sure it's worth everybody's effort to go through here and argue through this without going back to staff. There's got to be a way to take care of this 2.4% and not be asking for a variance because I'm not going to vote for a variance, and I think there's a majority here, I'm speaking out of turn but we don't want to set a precedence in this neighborhood. There's too many houses and there's too much trouble here. Tim Johnson: For the material considerations as far as you know, yeah the retaining wall basically you know the water, obviously the top boulder, it hits the top boulder. I've got you know a drainage system behind that. I mean we're considering 216 square feet of boulder retaining wall. McDonald: Well again that's a discussion you need to have with staff and if they agree with all that. Tim Johnson: That's you know, and we're using all mulch materials here. We're not going to put rock and poly down. Some cities require rock and poly to be impervious. McDonald: Okay, well let me ask you this. Are you willing to withdraw this? Go back to city staff and get it to 25%. Work on the other issues because I know you want to do all of this other stuff at this point too but at least you'd be able to move forward on this project if you could get it down to 25% and then we don't need to look at doing a variance. Tim Johnson: Well I believe we'd be willing to, we would like to just do the wall, the deck and screened porch. We're 20 square feet over, correct? Papke: Mr. Chair, I don't think we can modify what we're voting for on the fly here. McDonald: Well I'm not trying. I'm just trying to get them to withdraw it and then there's nothing for us to vote on. Papke: I agree. McDonald: Yeah, but that's what I'm asking is if we're that close to 25% and you're object is you want to get started on something, what are you willing to give to stay at the 25%? The other issues need to be worked out as you already heard and then at that point you would have to either reapply for a variance based upon what staff tells us, or maybe they come up with some way that you know you make it through this. But at this point if the object on your side is to get to work, then you need to stay at 25%. We don't need to vote on anything and as long as staff agrees that you're within the limits, then there shouldn't be a problem. Am I correct? 34 89 Planning Commission Meeting - September 4, 2007 Auseth: Correct. McDonald: I mean there's got to be some give and take here. 2.4% is not that much. Tim Johnson: Well I guess we, I mean we could sit here and say I gave this up. I mean I'm not going to get in that game. McDonald: Well I'm not asking you to. Tim Johnson: I don't think you want that either so. McDonald: I guess in fairness then fine, we'll go ahead and we'll vote on this. Tim Johnson: I guess one of the considerations that we would request so that we could at least begin with the lengthy part of this project is build the retaining walls and steps and the deck and the upper porch because of the assumptions you know, I had a conversation with Angie and she said as long as we're under 25%, and then we find out last week that we could begin the deck and the porch and the retaining wall until this meeting, but then we couldn't get the permit now which was something that was just thrown in front of us that we had to assume that there had to be 100 square foot patio as soon as the packet came out. You know for 20 square feet. We're talking about 20 square feet and we're trying to work with the city and I'm trying to you know do my job, that's keep my clients happy and try to do our due diligence to keep this going so, because every day that that sits out there, the concern of there's no erosion control. Concern of water running off there. I mean it's everybody's concern. McDonald: Well I agree with you and that's why I'm offering you is an opportunity to start work. Otherwise this gets voted down. Potential's there. Now you're waiting to go up to City Council. You've got to go through a process there. You're going to be you know a couple weeks trying to make the argument there. Nothing's going to happen. If you're willing to stay within the 25% and give, as far as what city engineering says, you've got enough here you can start work. The rest of these issues are bigger than this anyway. You're going to need to work with staff on that. Keefe: Well you know it's only 20 feet. I mean put a foot off the porch… Is it 20 square feet or is it, what is it? Undestad: It's just in the portion that they want to start now. Keefe: That's what I'm saying. If they just came for a variance for 20 feet, right? Undestad: 4 point, almost 5%. Keefe: I thought he said, I thought what he was saying you're 20 feet over the 25%. 35 90 Planning Commission Meeting - September 4, 2007 Tim Johnson: When you count in our wall, our deck, or excuse me, doesn't include here. But our screen porch, we're under the 25%. But because we have to make that assumption of the 100 square feet of a patio, that is. We wouldn't install anyways because our goal with the client is to come up with a patio application that's installed here so we wouldn't start that construction until we would get something in place with either the engineering department, or were able to get something in front of City Council or you to have a drainage system that would be accommodating to everybody's concerns and questions here. So we're not going to put a 100 square foot patio in because it's not, 100 square feet does nobody any good. Larson: Where is this supposedly assumed that it would be? Tim Johnson: It's supposed to be off the back patio door. Larson: And it's obviously not there so why is it an issue? It's out of the plan… Tim Johnson: We have to allow for it because the door is not adjoining to any walkway, but there is you know, there's no reason for us to develop something like that. McDonald: Okay, then in that case what it sounds like everybody's hands are tied and we will have to take this application as it is and we'll take it from there and then you would be able to go back to city staff and work out whatever you can but at this point the magic number is 25%. Undestad: I still have a question for you. Did you design this plan? Tim Johnson: Yeah. Undestad: But not the other one? Tim Johnson: I redesigned. It actually had a lot more hard cover. Undestad: When you submit these, when you picked your boulder wall guys, did they submit their plans for just a picture of that boulder wall on there? Or when your client chooses a deck contractor that you recommend. Tim Johnson: We're doing everything but the actual deck and screened porch construction. It's all in-house. Undestad: So when you submit your plans or whatever portion of these projects you're doing, you're submitting this entire plan? Tim Johnson: Correct. Undestad: Unlike the last project, your decking contractor just submitted his picture of his deck he was putting onto that. Tim Johnson: Correct. 36 91 Planning Commission Meeting - September 4, 2007 McDonald: Anyone else have any questions then? Tim Johnson: You know we tried to design, we designed it once to be you know in compliance with the 25% until last week on the assumption of the 100 square feet which put us over so. Keefe: Would you consider tabling it and coming back in 2 weeks or whatever to revisit it? Undestad: Or working it out. Keefe: Yeah, working it out… Tim Johnson: Well I guess on both applications, I mean help me out with this. McDonald: Well on the first one you've got a bigger problem. On this one you're closer to the 25% and if you're saying you want to start work, I think there's enough compromise here, you can start work. If we vote this down, then what you're faced with is again going through the appeal process. No work will start until this works through the City Council and at that point again they're very sensitive to the 25% right now also and they're very sensitive to the flooding in this area. I don't think you have a very good chance of getting this through. Then where are you at? I mean you're 4 or 5 weeks out. I'm offering you a chance to compromise the 25%. You can start some work. You can continue to lobby because you're got 40 something lots in this area. They all have the same problem. This has got to be solved. It's solved by people such as you coming forward and presenting the city with new information and asking that ordinances be changed. Undestad: Can I ask one thing of Angie? If they table it tonight and meet with you guys, try to work it out but say in a couple days it doesn't look like it's going to happen, can he get back on here in 2 weeks so it's like a 2 week delay for the entire process or how does that work? If we table it would he come right back. Generous: We'd table it to the next meeting to review it and come back with any updates. Tim Johnson: Could we begin the, obviously the deck has nothing to do with this. Could we begin the deck construction and not construct the screened porch maybe at this time so at least the decking can begin and the whole structure… McDonald: That's a discussion you can have with them and that's what I'm saying is that if you're willing to table this, go talk to them. You get within the 25%, if they say that's okay, then this is done. This project is done. It doesn't have to come back here unless you want to add all the rest of this. And in the meantime as you saw the first project, you've got some issues as far as these offsets. You need to spend some time talking to city staff and city engineering and making them aware of what's going on and getting some information up to City Council and see about getting these ordinances changed. We can't help you there. We go by what's written on the ordinance. We make recommendations and we've made this before that, yeah there probably needs to be some offset but you know how do we go about that? 37 92 Planning Commission Meeting - September 4, 2007 Tim Johnson: To save everybody time, if I came with for instance a Westwood plan… McDonald: You can talk to city staff. It's not going to do any good to come here. Keefe: …but we'll table it so you don't have to go through a whole…be a lot faster for you. McDonald: Yeah, and at least on this one what you're trying to do is start something for your clients, I think you can do it. Keefe: And if you still need a variance, it will be back on in a couple of weeks… McDonald: My suggestion would be you don't want a variance. Tim Johnson: I already know that much. Keefe: Does that take a motion? McDonald: I don't think it takes a motion to table. I think, it does take a motion to table? Okay. Well at this point we're. Okay, if we table it, is there a need for a public hearing? Generous: You would just open the public hearing. McDonald: They would open it up if he brings it back. Keefe: Motion to table. Larson: Second. Keefe moved, Larson seconded that the Planning Commission table Variance #07-20 for a 4.8% hard surface coverage variance from the 25% maximum hard surface coverage in Pinehurst 2nd Addition. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: ORDINANCE AMENDMENTS TO CHAPTER 18, SUBDIVISIONS AND CHAPTER 20, ZONING. Generous: Very briefly. There's 5 amendments being proposed. The first two deal with the subdivision ordinance. There are 3 trees that the city wants to restrict the use of. While we don't want to prohibit it outright, we would like to put a note that if you're going to use these trees, they have to get specific approval. They're ash, Amur maple and the Colorado spruce, and so we're proposing a change to Section 18-61, subsection (a)(1) to incorporate those changes. The second one is in the calculation of tree coverage and that on a lot or a property as part of the subdivision process. We also, while we currently exclude wetlands from trees, from the area that they calculate the tree total with, they also want to add the bluff area which are also areas that are 38 93 Planning Commission Meeting - September 4, 2007 not developable under city ordinance. And while it's repeating itself, we're adding dedicated parkland areas because those areas aren't…developers to use anymore and so we would exclude that from both the calculation of total area and any tree cover within that area. So those are the two subdivision changes. Chapter 20, The Freedom to Breathe Act requires that bars not allow smoking inside and we're getting people that are discussing how they can provide outdoor facilities. We looked at developing standards for that and actually shows up on page 5 and 6 of the memo. Papke: They used Bloomington's verbatim on that? Generous: Pretty close. Yeah, we did use a standard and I thought this was 75%. So we're recommending that change to Section 20-904(d). And then we're finding out we don't have any standards for employment signs out there but we're getting a lot of people that are putting them up. We don't want it to make it a permit thing that they have to… We think these are more than reasonable sign display areas to get people for higher information out, so we're recommending that change to Section 20-1255, Subsection 12. And then finally the last one is when this came, we brought this through before for industrial office park signs. When we presented the ordinance to council, while the cover memo addressed it, the ordinance itself missed the language and so this is one. Papke: Oops. Generous: Yeah this is an oops that we didn't have the language correct to prevent the larger signage in industrial parks that are adjacent to a state highway system and that was something that the Planning Commission had directed us to do so we're correcting that now. With that we're, we also just for your information we are making, bringing some changes to Chapter 1 of the definitions and that's on page 8. And they really relate to clarifying the Freedom to Breathe ordinance and so we wanted to be, advise you that we will be recommending that these definitions be included in Chapter 1. And because they're similarly related we wanted to bring it out as part of this hearing process. And then in Chapter 7. Papke: Before you charge through there. Could you explain the indoor area? You know I stared at that one for a while and scratched my head. I couldn't figure out what the heck you were saying with that one. Generous: I'll let Angie. Auseth: We talked to, I believe she's with the State and she had done a presentation for another city, or I believe it was a county, and these were the definitions that they're using with the Freedom to Breathe Act. Let me read it. Papke: So if I have a three sided structure, I've got one wall open, what percent do I have open with that? Auseth: Depends on the size of the wall. It needs to be 50% open so. 39 94 Planning Commission Meeting - September 4, 2007 Papke: So if I had two walls missing, half my walls and they're both, and half are there. That's 50%? Larson: Or is 50% of the last wall? Undestad: No, I think the area. Auseth: The area. Undestad: So if you had two 100 foot walls and two 20 foot openings, you're not 50% of your area. Papke: Okay, so it's actually the wall area? Auseth: Area of the structure. McDonald: I'm not sure it said that. Papke: Yeah. Yeah. That would be one recommendation…take a look at that language and find some way so that you know, because when these things come up and we have to figure out whether or not somebody is meeting the standard or not, it really helps if we can interpret it. Auseth: Okay. Papke: That one's just a head scratcher. Or am I the only one? Keefe: No. Papke: Okay. McDonald: Okay. Take charge. Generous: Okay, we'll look at that before we take it to council. And then finally in Chapter 7, we have a landscaping escrow that we require for new homes when they're not going to complete their landscaping prior to Certificate of Occupancy and we want, if they put, we've had problems with our auditors that kept these escrows for years on end and they want us to clean up our accounting system and so we're adding language that the city, to amend it to say that if they don't do this improvement, we're going to put this money into our tree fund and we'll use it for putting trees in the community. Larson: If it goes 8 years, do they even know it's there? I mean really. Generous: But the City does because we have to set up a separate account. Larson: Well I know but maybe the city ought to say hey, you've got $3,000 bucks sitting here, what do you want us to do with it, you know. 40 95 Planning Commission Meeting - September 4, 2007 Generous: Well most of the time, that amount they do contact us but the 750, most people forget. McDonald: Okay, and then what else? Generous: So that's it. So we're recommending that the Planning Commission recommend adoption of the changes to the ordinance amending Chapters 18 and 20 of the Chanhassen City Code. McDonald: Okay. Anyone have any questions of staff? Keefe: I can think of one question. This is in regards to the Chapter 20, smoking shelter. Were any of the local restaurants and bars consulted as to whether that's a reasonable solution for them given what they're faced with? McDonald: That was a State legislature and there were a number of hearings that really has nothing to do with the city and no, they probably were not consulted the way they wanted to be consulted. Keefe: Well not the Freedom to Breathe Act itself. I'm talking about the accessory shelters themselves that we're proposing to change in our ordinance. McDonald: Yeah, where did the idea for that come from? You mentioned Bloomington. Is that something that they've come up with? Papke: It was mentioned in the text there that they. Auseth: Yeah, they used Bloomington and then also the women that we talked to from the State to try and come up with those. Papke: Now we're not requiring these shelters. These are just the standards and so if the Chan Legion wants to put one in, these are the standards they have to follow but we're not saying you've got to build one. Auseth: Correct. McDonald: And then to your point, were they. Keefe: Well I mean they're going to get smoking eliminated inside. In their facility on October 1st and so will they want, or will they want to build something. I'm just wondering if, is this something that they had any input in. I supposed they could be here for it if they wanted some input into that. I don't know. Papke: Provided they were notified. 41 96 Planning Commission Meeting - September 4, 2007 McDonald: Yeah. But that's a good question. Generous: At least the Legion was, I'm aware of. They're the one that actually initiated this process on our part. Papke: They just wanted to know what the rules are? Generous: What the rules the city had and so we said we were going to look into it and we were going to take it to the public hearing process to adopt standards. Keefe: So they could be here, and they've been notified… Generous: Not specifically for tonight but that the city was addressing it and it would be a near term thing. Keefe: I can't speak to the adequacy of it. I'm just concerned you know because there are businesses which I think a number of their patrons smoke so they probably would want… McDonald: Yeah, it's been a big deal in the city. Okay. This is a public meeting so at this point I would open the floor up to anyone from the public who wishes to come forward and make comment. Seeing no one get up, I will close the public meeting and bring it back before the council for any final comments or a motion to move forward. Dillon: I move that the Chanhassen Planning Commission recommend that the City Council adopt the attached ordinances amending Chapter 18 and Chapter 20 of the Chanhassen City Code. Papke: Second. Dillon moved, Papke seconded that the Planning Commission recommends that the City Council adopt the attached ordinances amending Chapter 18 and Chapter 20 of the Chanhassen City Code. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Generous: Mr. Chairman, a point of clarification. In the staff write-up it says, well for the Freedom of Smoke, or Freedom to Breathe, that it's 50% enclosed and in the ordinance it actually says 75%. We believe that we should incorporate the 50% that was discussed and we want to make that change and make it clear that that's what you moved. McDonald: They should be consistent, yes. Generous: Okay, thank you. McDonald: Any objection from the commissioners about that? Then you're good to go. 42 97 Planning Commission Meeting - September 4, 2007 43 APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated August 7, 2007 as presented. Chairman McDonald adjourned the Planning Commission meeting at 9:05 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 98 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES SEPTEMBER 18, 2007 Acting Chair Keefe called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Dan Keefe, Kathleen Thomas, Debbie Larson and Kevin Dillon MEMBERS ABSENT: Jerry McDonald, Mark Undestad, and Kurt Papke STAFF PRESENT: Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC HEARING: NEIL KLINGELHUTZ: REQUEST FOR AN INTERIM USE PERMIT TO IMPORT APPROXIMATELY 43,250 CUBIC YARDS OF FILL FROM THE HIGHWAY 312 CORRIDOR FOR GRADING ON PROPERTY LOCATED AT 8601 GREAT PLAINS BOULEVARD AND 760 LAKE SUSAN DRIVE, PLANNING CASE 07-16. Public Present: Name Address Jacob Wert 19005 Highland Avenue, Deephaven Al Klingelhutz 8600 Great Plains Boulevard Neil Klingelhutz 9731 Meadowlark Lane Stephan Barber 8517 Chanhassen Hills Drive South Alyson Fauske presented the staff report on this item. Commissioner Dillon asked for clarification on the location of the area to be filled and the long term use of the site. Commissioner Keefe asked about drainage patterns being affected and clean-up of the haul routes. The applicants, Neil Klingelhutz, 9731 Meadowlark Lane and Jacob Wert, 19005 Highland Avenue, Deephaven addressed the issues of tree loss, site drainage and source of the fill. The public hearing was opened. Al Klingelhutz expressed concern with the 20 foot rise created with the construction of the new Highway 101 and the impact on this property that's been in the Klingelhutz family since 1866. The public hearing was closed. After comments from the commission, the following motion was made. Larson moved, Dillon seconded that the Planning Commission recommends that the City Council approve an Interim Use Permit to permit up to 46,000 cubic yards of fill, plans prepared by Allen R. Hastings dated August 13, 2007, revised August 21, 2007, subject to the following conditions: 1. A demolition permit is required for the removal of any structure(s). 99 Planning Commission Summary - September 18, 2007 2. If future construction in this area is anticipated, these soils must be engineered for the intended structural loads and their placement must be properly compacted and tested as required by such soil engineering. A report, verifying placement, compaction and soil suitability, from the testing agency will be required before building permits will be issued. 3. Show the trees for the US West Telephone property in the existing conditions and the proposed grading plan. Preserve as many trees as possible in this area to provide screening for the building. 4. Install tree protection fencing around all trees to be saved on site. 5. Tree protection fencing and erosion control fencing must be installed and inspected by the City prior to beginning site grading. 6. Silt fence must be added around the outer limits of the temporary topsoil stockpile. This area must be regraded to the elevations shown on the proposed grading plan. Streets must be kept clean and free of debris at all times. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and timeframes: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days 7. The applicant shall provide the City with a cash escrow in the amount of $5000.00 to guarantee erosion control measures, site restoration, and compliance with the interim use permit. 8. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 9. The applicant must provide a proposed haul route for review and approval. 10. An interim use permit expires one year from the date of approval from the City Council. The permit may be renewed on an annual basis subject to City Council approval. The applicant will need to request a formal extension 45 days prior to the expiration date. 11. A temporary construction easement is required for the grading on the US West Telephone property. 12. All permits must be secured prior to commencement. This includes a drainage permit from the Minnesota Department of Transportation, a watershed district permit, and a Minnesota Pollution Control NPDES stormwater permit. A stormwater pollution prevention plan must be submitted to the City for review by Carver Soil and Water Conservation District. 2 100 Planning Commission Summary - September 18, 2007 13. Changes are needed to the grading plan. The elevations 906 and 908 that are shown in the black walnut woods in the existing conditions must remain in the grading plan. Change the grading in this area to allow the water to exit the corner of the woods. The swale for the drainage around the US West Telephone property should be moved to the center of the lot line. 14. An as-built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: POWER SYSTEMS BUILDING EXPANSION: REQUEST FOR SITE PLAN APPROVAL FOR A 12,300 SQUARE FOOT EXPANSION TO A 27,800 SQUARE FOOT BUILDING ON PROPERTY ZONED PUD, PLANNED UNIT DEVELOPMENT, AND LOCATED AT 8325 COMMERCE DRIVE. APPLICANT, POWER SYSTEMS, PLANNING CASE 07-21. Public Present: Name Address Harley Bergren 8104 Highwood Drive, Apt G108, Bloomington Gary Bergren 8893 Hidden Oaks Drive, Eden Prairie David Thun 6490 Bayview Place, Excelsior Todd Mohagen Mohagen Hansen Architects 1000 Twelve Oaks Center Drive, Wayzata George Beniek 412 West 76th Street Bob Generous presented the staff report on this item. Commissioner Larson asked for clarification on the required number of parking spots. Commissioner Keefe asked about signage for truck traffic and signage on the building, the size of the area being disturbed, and sidewalk requirements. Todd Mohagen with Mohagen Hansen Architects stated their only issue was with the placement of overstory trees along the 10 foot strip of land along the west side of the building, requesting flexibility on the placement of those trees. The public hearing was opened. No one spoke and the public hearing was closed. After comments from the commission, the following motion was made. Dillon moved, Larson seconded that the Chanhassen Planning Commission recommends that City Council approve Planning Case 07-21, Power Systems, for a 12,300 square-foot expansion to a 27,800 square-foot, on-story office warehouse building, plans prepared by Mohagen Hansen Architectural Group, dated 02/16/07, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 3 101 Planning Commission Summary - September 18, 2007 4 2. A window shall be added to the south elevation of the most westerly office in the building expansion. 3. Tractor-trailer units are prohibited from using the proposed new (westerly) access. 4. If the area being disturbed exceeds one acre, the applicant must obtain the necessary permits from the MPCA and the Watershed District. 5. The applicant must ensure that the Engineering Department is contacted a minimum of 48 hours prior to connecting to the public storm sewer. 6. The applicant must submit a $1,000.00 escrow for the replacement grate over the public storm sewer at the new driveway. 7. The grading plan must be signed by a Professional Engineer licensed in the State of Minnesota. 8. The building addition is required to have an automatic fire extinguishing system. 9. All plans must be prepared and signed by design professionals licensed in the State of Minnesota. 10. The water service at the southwest end of the building (proposed addition location) must be relocated/revised in such a manner that fire suppression water supply is not located under the proposed addition (Ref. NFPA 24). 11. The applicant shall plant two trees near the parking lot. 12. The applicant shall install a west bufferyard planting that includes 4 overstory trees, 9 understory trees and 14 shrubs. The applicant shall work with staff to submit a revised landscape plan prior to building permit approval.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated September 4, 2007 as presented. Acting Chair Keefe adjourned the Planning Commission meeting at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 102 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 18, 2007 Acting Chair Keefe called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Dan Keefe, Kathleen Thomas, Debbie Larson and Kevin Dillon MEMBERS ABSENT: Jerry McDonald, Mark Undestad, and Kurt Papke STAFF PRESENT: Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC HEARING: NEIL KLINGELHUTZ: REQUEST FOR AN INTERIM USE PERMIT TO IMPORT APPROXIMATELY 43,250 CUBIC YARDS OF FILL FROM THE HIGHWAY 312 CORRIDOR FOR GRADING ON PROPERTY LOCATED AT 8601 GREAT PLAINS BOULEVARD AND 760 LAKE SUSAN DRIVE, PLANNING CASE 07-16. Public Present: Name Address Jacob Wert 19005 Highland Avenue, Deephaven Al Klingelhutz 8600 Great Plains Boulevard Neil Klingelhutz 9731 Meadowlark Lane Stephan Barber 8517 Chanhassen Hills Drive South Alyson Fauske presented the staff report on this item. Keefe: So let's open it up for questions. Let's start down here. You have any questions? Thomas: I don't have any questions, thank you. Larson: No. It's actually pretty thorough. Dillon: So in the, kind of like in the description it says there are literally, you know put them in a hole. So how far down is the hole? I mean what's the low spot in this area that needs to be filled? Fauske: Well the low area will remain as it is right now. They're just raising the remainder of the site. The low area is currently at this location and it will remain there. There is an outlet at this location. But what the applicant is stating is that, with the realignment of 101 and Lake Susan Drive extension, that further exasperated the low area in this location and with material being available, they would like to go ahead and proceed with grading on their site so that when 103 Planning Commission Meeting - September 18, 2007 the property does come in for development, it will be ready to go and will minimize the grading needed at that time. Dillon: Okay. And is the long term use still intended to be residential? Generous: That's what the Land Use Plan shows for it, yes. Dillon: So once you bring in all this fill and, you know how long does it take to settle down to you know like our, I mean. Fauske: It depends on the material. It depends how it's compacted. Any structure that would be placed on fill material would have to be so it would have to be tested to make sure that it can withstand the load of the building that's proposed on the site. Dillon: Is there a rule of thumb for something like this? Fauske: Again, it depends on the material being brought in and how much they compact it. You know if they bring them in shallow layers and compact it or if they put in thicker layers to compact it, but perhaps the applicant can speak a little bit better to this but at this point they're not proposing any structures on it at this time. And again with any building permit in the future on this site, they will be required to take up some soil density testing done. Dillon: And you said that the source of the fill hasn't been identified yet? Fauske: Not to my knowledge, unless it was in the last couple of days. The applicant has been able to come up with a source. Dillon: Okay. That's all the questions I had. Keefe: I've got a question. In number 13 you said the elevations 906 and 908 in the black walnut woods must remain on the plan, but then change the grading area to allow the water to exit the corner of the woods. And then the other part of the presentation you say 90% of the site drains you know through a 48 inch culvert. I mean would the changes that are proposed in number 13 affect the drainage pattern on site? Fauske: Not significantly. Keefe: Not significantly. Okay. Alright. And then one other question in regards to you know I think you mentioned in the write up but I didn't necessarily see it in the conditions and that's what I, you know cleaning, we're going to bring in I don't know how many truck loads it is. I presume it's quite a few though, and just dragging all that dirt through the city you know in terms of cleaning streets and so forth. How do we typically handle that? Fauske: Well the applicant, since it is over an acre, what the MPCA and NPDES, non-point discharge elimination system permit will be required and through that they're required to show how they will keep their site maintained with staff's recommendation of collecting a $5,000 2 104 Planning Commission Meeting - September 18, 2007 escrow. We do have the funds there to say you know, you need to clean up your site or we'll be withdrawing from your escrow to clean up the site and fortunately we've never come to a situation like that where we've gone to such an extreme enforcement but typically we've found that applicants are very willing to, you know they understand they need to keep things cleaned up and have been responsive. Keefe: And how about the city streets. I mean in terms of you know, those trucks come along. Dirt falls out and then we simply require them to deal with that? Fauske: Yes, exactly. They have, there's several methods. It depends on how much material is on the street. They can get a little bobcat and scoop it up, or they can get a broom and sweep it. It depends on how much rain they've had. How much material's on the street. Keefe: Yeah, do we typically make that a requirement? Fauske: It's a requirement that they need to keep the streets cleaned up. Keefe: Yeah. Fauske: So it will be, you know it will be on the applicant's part, not the city. It's a well traveled road and if there's any problems, we will be hearing about it so we'll keep an eye on it. Keefe: Okay. Generous: Chair Keefe, it is part of condition number 6 also. Keefe: It is? Okay. Generous: It starts at the. Keefe: Streets must be kept, okay. Great. Thanks. Okay. Any more questions of staff? Alright, do we have an applicant? You want to come up and say anything about this or? Neil Klingelhutz: Well I can. I think it's pretty cut and dry. Keefe: Why don't you step up to the podium and need your name and address. Location. Neil Klingelhutz: Neil Klingelhutz, 9731 Meadowlark Lane, Chanhassen. Jacob Wert: Jacob Wert, 19005 Highland Avenue in Deephaven. Neil Klingelhutz: Just, well basically we don't have anything you know intact yet. And because the dirt's available we thought better grab it while it's there. As far as, she called that a wind break. That was, some of the trees that are affected, they're basically, they just grew up along the old cow yard fence line and they were basswood and a couple poplar trees. Nothing really worthwhile to save. I know we're planning on saving the black walnut. And then as far as that 3 105 Planning Commission Meeting - September 18, 2007 90%, I think as she was talking, the site now drains, there's about 10% of it by that black walnut trees that drains towards the, probably northeast and that's still going to drain that way. That's why the whole 90 doesn't fall down on that part, but there's plenty of people keeping an eye on us. We've got MnDot permit. Watershed district. That NPDES permit. Now this. You know it seems to me a little overkill for what we're trying to do. You know it's, I think this interim use permit you could have, you know you could build a whole big structure under this and it's just a matter of getting some dirt in here while it's available so. Keefe: Have any questions of the applicant? Thomas: I don't, thank you. Dillon: So you sound like you know where the source of the dirt is. Neil Klingelhutz: Yeah, we've actually originally had dirt identified for this spring and then the permitting process took so long that that ran away. I mean they had to get rid of it but we do have this other guy and he's got the project either this fall, if we get the permits in time, or next spring. Either or depending on when we receive the permits that we'll have the dirt. And then as far as the compaction goes, we're going to do a compaction test now. You know they're going to strip the black dirt. Bring the clay. It's got to be good clay. Compact it up so and then, cover, compact with the black dirt so I mean realistically then we're going to have inspections as we're doing this so realistically if you wanted to build on it, the day they were done it should, you know a lot of the compaction results are okayed. It could happen right away. We're not just pushing dirt on there and not compacting it. We're going to compact it up as we go so. Keefe: Do you typically reseed it or… Neil Klingelhutz: Yeah, then after it's done then we'll probably seed it back with alfalfa or something to try to keep the weeds out of there. Keefe: Any other questions? Larson: No. Keefe: Thank you very much. Neil Klingelhutz: Thank you. Keefe: This is a public hearing so if anybody wants to make comment or question, please step to the podium. State your name and ask your question. Anyone? Al Klingelhutz: I think I'd like to make a few comments on this. Mr. Chairman and the rest of the Planning Commission members. I'm Al Klingelhutz, former owner of this property. Neil is my son. I can assure you of one thing, if I had know there would have been a 20 foot rise in the property when the highway bought this, the land for right-of-way, I think they would pay some damages because it sloped out with the lowest part of this part sloped out to the east and the 4 106 Planning Commission Meeting - September 18, 2007 water could run over the top. Plus there was an 8 inch tile underneath the ground which they cut when they took out the black dirt. The property was in my family's name since 1866 and it almost made me cry when I seen that new Highway 101 grow 20 feet above the lowest part of this property. When you drive down the new 101 they look down in there, you think well, what happened. He's trying to improve the property with getting some good clay fill in there. Scraping the black dirt off and re-covering it with the black dirt. So it just seems the right thing to do for the property because I don't know who'd want to live in that hole. Thank you. Keefe: Thank you. Anybody else? Seeing no one, we'll close the public hearing. Bring it back for comments. Start down here. Thomas: I find it to be acceptable. Larson: Yeah, I see no problem either. Keefe: Okay. Dillon: I have no issues with this. Keefe: Okay. Neither do I. Can I take a motion? Larson: Sure, I'll make a motion. Recommendation Chanhassen Planning Commission recommends the City Council approve an Interim Use Permit to permit up to 46,000 cubic yards of fill, plans prepared by Allen R. Hastings dated August 13, 2007, revised August 21, 2007, subject to the following conditions, 1 through 14. Dillon: Second. Larson moved, Dillon seconded that the Planning Commission recommends that the City Council approve an Interim Use Permit to permit up to 46,000 cubic yards of fill, plans prepared by Allen R. Hastings dated August 13, 2007, revised August 21, 2007, subject to the following conditions: 1. A demolition permit is required for the removal of any structure(s). 2. If future construction in this area is anticipated, these soils must be engineered for the intended structural loads and their placement must be properly compacted and tested as required by such soil engineering. A report, verifying placement, compaction and soil suitability, from the testing agency will be required before building permits will be issued. 3. Show the trees for the US West Telephone property in the existing conditions and the proposed grading plan. Preserve as many trees as possible in this area to provide screening for the building. 4. Install tree protection fencing around all trees to be saved on site. 5 107 Planning Commission Meeting - September 18, 2007 5. Tree protection fencing and erosion control fencing must be installed and inspected by the City prior to beginning site grading. 6. Silt fence must be added around the outer limits of the temporary topsoil stockpile. This area must be regraded to the elevations shown on the proposed grading plan. Streets must be kept clean and free of debris at all times. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and timeframes: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days 7. The applicant shall provide the City with a cash escrow in the amount of $5000.00 to guarantee erosion control measures, site restoration, and compliance with the interim use permit. 8. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 9. The applicant must provide a proposed haul route for review and approval. 10. An interim use permit expires one year from the date of approval from the City Council. The permit may be renewed on an annual basis subject to City Council approval. The applicant will need to request a formal extension 45 days prior to the expiration date. 11. A temporary construction easement is required for the grading on the US West Telephone property. 12. All permits must be secured prior to commencement. This includes a drainage permit from the Minnesota Department of Transportation, a watershed district permit, and a Minnesota Pollution Control NPDES stormwater permit. A stormwater pollution prevention plan must be submitted to the City for review by Carver Soil and Water Conservation District. 13. Changes are needed to the grading plan. The elevations 906 and 908 that are shown in the black walnut woods in the existing conditions must remain in the grading plan. Change the grading in this area to allow the water to exit the corner of the woods. The swale for the drainage around the US West Telephone property should be moved to the center of the lot line. 14. An as-built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. 6 108 Planning Commission Meeting - September 18, 2007 PUBLIC HEARING: POWER SYSTEMS BUILDING EXPANSION: REQUEST FOR SITE PLAN APPROVAL FOR A 12,300 SQUARE FOOT EXPANSION TO A 27,800 SQUARE FOOT BUILDING ON PROPERTY ZONED PUD, PLANNED UNIT DEVELOPMENT, AND LOCATED AT 8325 COMMERCE DRIVE. APPLICANT, POWER SYSTEMS, PLANNING CASE 07-21. Public Present: Name Address Harley Bergren 8104 Highwood Drive, Apt G108, Bloomington Gary Bergren 8893 Hidden Oaks Drive, Eden Prairie David Thun 6490 Bayview Place, Excelsior Todd Mohagen Mohagen Hansen Architects 1000 Twelve Oaks Center Drive, Wayzata George Beniek 412 West 76th Street Bob Generous presented the staff report on this item. Keefe: Start down here. Kevin, you have any questions? Dillon: I do not. Kind of looks pretty straight forward. Larson: Did I read in here that the parking, we didn't need to add parking with the addition, is that correct? Generous: Right. They have sufficient park on the site. They're showing some proof of parking so they have, yeah. They have the numbers quantitative wise that our ordinance requires, but their operation they don't need that. Larson: Got it. Okay. That was the only one I had. Thomas: It's self explanatory. I'm good. Keefe: I had a couple questions. Do we typically sign for the tractor trailer entrance or how do we you know direct that or enforce it or do we just leave it up to them to? Generous: Generally they'll put truck entrance. It doesn't make a lot of sense for tractor trailers to go on the west side. Keefe: Yeah, I mean it looks like it's a natural way to go but I didn't know if we needed to require any signage associated with that or anything. Generous: I don't think so. 7 109 Planning Commission Meeting - September 18, 2007 Keefe: Okay. It says the area being disturbed is less than one acre. The lot area is 2 1/2 acres or something along those lines but it does say if it exceeds an acre. Do we not know whether it exceeds an acre in terms of? Generous: Our estimate was it was under an acre, but just in case. Keefe: Yeah. And what do we mean by being disturbed? Is that just. Generous: Any grading operation. Keefe: Okay. Generous: They turn the dirt, it's disturbed and then they may have to go and get a separate permit. Keefe: Okay. And then the signage, this is you know, the sign is going to be what, painted on? Or is it an attached sign or is it? Generous: No. They're just showing a possible sign location on there. They're not sure that they'll actually use it. We said if part of their site plan review they should show a location if they even contemplate that so that it would. Keefe: Okay. If they add one they can come back for permit on that or something. Generous: It'd be administrative permitting. It'd be through, they'd have to follow the standards in the city code. Keefe: Yeah, okay. And then just one last question in regards to you know walkways or pathways on this particular site plan. It connects well with the path system or sidewalk or doesn't that have that or? Generous: I don't believe there's any out there. Keefe: Yeah. Is that something that typically we would try to do in this area? Generous: Well in the newer developments we haven't provided that. In some of the older, like this was in the mid to early 90's that it came through and we didn't require as much. I know that on Lake Drive I believe they have it and then there's a trail down at the end. Keefe: Alright. That's all I have. Is there an applicant? Like to come up and say, give a presentation. Todd Mohagen: I'm Todd Mohagen, Mohagen Hansen Architectural Group. We're the architects on the project. The owners of the building are here and the tenant, Power Systems. A representative from that company. Thank you so much. I think there's really no issues that we have with the exception of there was a note, the last note about the trees. On the west buffer 8 110 Planning Commission Meeting - September 18, 2007 yard, if we could go to here. There's 10 feet from here to here. We'd prefer not to have over story trees in there just because it would conflict with the building. The roots and the leaves. Maybe if we could be a little, we could work with staff on locating those trees. I mean if that's a requirement, I don't think that's an issue. It's just that we'd prefer that that would limit us to that area. That it could be in here or there. It could be a pretty small area. Do you have the landscape plan by chance? Generous: It should be. Todd Mohagen: If we could modify that, we would work with staff to locate you know the appropriate number of trees I think would probably be better. The concern is this would be a normal sized tree and if we start putting them along here, our concern is that it interferes with the building. Keefe: You know in terms of, you know in the staff report it says that they wanted to have some trees along that end. I mean was consideration taken into account in terms of what the applicant is saying? Generous: We can. The 4 trees are just a quantitative, how many trees you need on that western side. The actual location is something that we work out all the time. We allow people to group trees. You know it'd make sense to put additional trees to the southwest corner of the site. West of the parking lot in front of the building to provide some of that shading to the building and the parking lot. Sticking something on the north end isn't an issue. Todd Mohagen: I guess, we don't have any issue with it. It's just, the way that this reads, I would read that to mean that that would mean this portion of the building. I mean maybe it's as simple as saying the southwest. Or near the parking area. Keefe: Or maybe work with staff. Alright, anything else? Todd Mohagen: No. Keefe: Okay. This is a public hearing. If anybody would like to comment or questions, please step to the podium. Seeing none, we'll close the public hearing. Bring it back here and let's start over here. Dillon: You know I think it's, there's kind of just a way to work it out between staff and the applicant on the trees and just to make a win/win. I'm sure that can be done and I'm totally in favor. Larson: Yeah, I agree. Thomas: Ditto. 9 111 Planning Commission Meeting - September 18, 2007 Keefe: Alright. And I'm comfortable with the applicant working it out with staff in regards to the location of the trees. They're better at doing that than I would be in terms of locating them so with that I'll take a motion. Dillon: I'll make a motion that the Chanhassen Planning Commission recommends that the City Council approve Planning Case 07-21, Powers Systems for 12,300 square foot expansion to a 27,800 square foot one story office warehouse building, plans prepared by Mohagen Hansen Architectural Group dated February 16, 2007, subject to the following conditions, number 1 through 13. Larson: I'll second that. Keefe: I guess I would make a friendly amendment to modify 12 to say, the applicant shall work with staff in regards to the location of trees and shrubs. Larson: What if we combine 12 and 13? Thomas: Yeah instead of…because it says it all together maybe. Keefe: Yeah, I think I'd be alright with that. You know the combine 12 and 13 and essentially say, the applicant will work with staff in regards to submitting a revised landscape plan which accommodates staff's recommendations in terms of tree planting and shrubbery. Is that alright with you? Dillon: That works for me. Larson: I agree. Keefe: Alright. Already have a second. Friendly amendment. Dillon moved, Larson seconded that the Chanhassen Planning Commission recommends that City Council approve Planning Case 07-21, Power Systems, for a 12,300 square-foot expansion to a 27,800 square-foot, on-story office warehouse building, plans prepared by Mohagen Hansen Architectural Group, dated 02/16/07, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. A window shall be added to the south elevation of the most westerly office in the building expansion. 3. Tractor-trailer units are prohibited from using the proposed new (westerly) access. 4. If the area being disturbed exceeds one acre, the applicant must obtain the necessary permits from the MPCA and the Watershed District. 10 112 Planning Commission Meeting - September 18, 2007 11 5. The applicant must ensure that the Engineering Department is contacted a minimum of 48 hours prior to connecting to the public storm sewer. 6. The applicant must submit a $1,000.00 escrow for the replacement grate over the public storm sewer at the new driveway. 7. The grading plan must be signed by a Professional Engineer licensed in the State of Minnesota. 8. The building addition is required to have an automatic fire extinguishing system. 9. All plans must be prepared and signed by design professionals licensed in the State of Minnesota. 10. The water service at the southwest end of the building (proposed addition location) must be relocated/revised in such a manner that fire suppression water supply is not located under the proposed addition (Ref. NFPA 24). 11. The applicant shall plant two trees near the parking lot. 12. The applicant shall install a west bufferyard planting that includes 4 overstory trees, 9 understory trees and 14 shrubs. The applicant shall work with staff to submit a revised landscape plan prior to building permit approval.” All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated September 4, 2007 as presented. Acting Chair Keefe adjourned the Planning Commission meeting at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 113 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING SUMMARY MINUTES AUGUST 28, 2007 Chairman Stolar called the regular meeting to order at 8:10 p.m. after concluding a work session to discuss the capital improvement program that began at 6:00 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; and Jerry Ruegemer, Recreation Superintendent APPROVAL OF AGENDA: Kelly moved, Scharfenberg seconded to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: Jerry Ruegemer reminded the commission of the Dave Huffman 5K Memorial Run coming up on Saturday, September 8th. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Daniel moved, Scharfenberg seconded to approve the verbatim and summary minutes of the Park and Recreation Commission meeting dated July 24, 2007 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. REVIEW DRAFT COPY - PARK AND RECREATION SECTION OF 2030 COMPREHENSIVE PLAN. Todd Hoffman asked the commission to review the park and recreation section of the 2030 comprehensive plan to make sure the overall direction and content of the plan is in keeping with their thoughts. Chairman Stolar suggested additional themes incorporated into the plan such as how the park system contributed to the city's prestige and recognition in Money Magazine, Best Places to Live and Family Circle Magazine; programs to address the issue of childhood obesity; and including Camp Tanadoona under the city's open spaces. Commissioner Daniel asked for clarification on the approval process and public availability of the finished product. No formal action was taken on this item. APPROVE RECOMMENDATIONS TO CITY COUNCIL, 2008 PARK AND TRAIL ACQUISITION AND DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM (CIP). Todd Hoffman reviewed the recommendations for the 2008 Park and Trail Acquisition and Development CIP, amending the staff report by deleting the Highway 101 north trail connection and adding a city information marquee at City Center Park. 114 Park and Rec Commission Summary - August 28, 2007 2 Scharfenberg moved, Campion seconded that the Park and Recreation Commission recommend the City Council approve the 2008 Park and Trail Acquisition and Development Capital Improvement Program, amended to delete the Highway 101 North Trail Connection at $125,000 and the addition of a city information marquee at City Center Park. All voted in favor and the motion carried unanimously with a vote of 7 to 0. COMMISSION MEMBER PRESENTATIONS: Chairman Stolar reported on the City Council work session he attended where the future needs and forecast for the parks and trails were discussed. Using projections in the 2030 comprehensive plan the city will be approximately 40 acres short in community parks and 12 acres short in neighborhood parks. After reviewing the 10 year CIP, Chairman Stolar noted an item that was missed in the previous motion. Scharfenberg moved, Campion seconded to amend the motion of approval for the 2008 Park and Trail Acquisition and Development CIP to add the Carver Beach Park fishing dock extension. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Campion moved, Daniel seconded that the Park and Recreation Commission recommend the City Council approve the 10 year Park and Trail Acquisition and Development CIP. All voted in favor and the motion carried unanimously with a vote of 7 to 0. RECREATION PROGRAM REPORTS: DAVE HUFFMAN 5K MEMORIAL RUN. Jerry Ruegemer provided an update on the race events and schedule. Commissioner Scharfenberg asked who decides and how the money generated from the event is distributed. FALL PROGRAM UPDATE. Jerry Ruegemer provided an update on the fall programs. ADMININSTRATIVE PACKET. None. Smith moved, Campion seconded to adjourn the Park and Recreation Commission meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim 115 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING AUGUST 28, 2007 Chairman Stolar called the regular meeting to order at 8:10 p.m. after concluding a work session to discuss the capital improvement program that began at 6:00 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; and Jerry Ruegemer, Recreation Superintendent APPROVAL OF AGENDA: Kelly moved, Scharfenberg seconded to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: Stolar: Any upcoming events? Ruegemer: Just the Huffman race coming up September 8th. We'll cover that a little bit later in the agenda but 9:00 on September 8th at City Center Park. Stolar: Great. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: Daniel moved, Scharfenberg seconded to approve the verbatim and summary minutes of the Park and Recreation Commission meeting dated July 24, 2007 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. REVIEW DRAFT COPY - PARK AND RECREATION SECTION OF 2030 COMPREHENSIVE PLAN. Todd Hoffman: Thank you Chair Stolar, members of the commission. First of all would like to apologize for shorting the item by 4 or 5 pages. I'm not sure if everyone received them. If not, send copies down to you. The 2030 comp plan has been worked on since May and so it's an update to our section. I can tell you that since submitting our draft we have been getting nice reviews from both the council and the community development staff so the document that you see before you has been refined. A couple of additions and basically what we would like the commission to do is review it. Not necessarily proof read it but make sure that the overall direction and content of the plan is in keeping with your thinking. It's split up in a variety, it looks much different than the 15 comp plan. It's very well laid out. It includes nice graphics and 116 Park and Recreation Commission - August 28, 2007 so we just want to make sure that before it goes to the council on September 10th that you have a chance to review it. Stolar: And everyone please check your emails. Todd mailed out the complete draft. I will start with Steve. If you wanted to have any questions or comments. Scharfenberg: I don't. It looks like from what I was able to view, very well put together and I didn't have any, I haven't been able to read the additional stuff that was sent out today so. Stolar: And by the way, much of what was in the additional stuff, about a page and a half or so of it, was the things we had put into the 2030. The different projects so it showed the map of the different items we said we were going to look at. Expanding Lake Ann and some of those things… And then a couple of the other goals and objections. Or objections and policies, excuse me. Paula. Atkins: I would like more time to review it. I didn't look at the email recently either so, sorry. Stolar: Okay. Hoffman: This is your chance. If you make comments, you have to forward them, email them and then we'll get them to community development. Stolar: Tom. Kelly: I don't have any. Could we make a motion to say you know, if we have any comments, pass them to Todd by 4:00 p.m. on Friday. If not, then. Stolar: Does that give sufficient time for you? Kelly: Or I'm just trying to. Hoffman: It is. If there are comments here, it'd be best that we talk about them as a group and so if people do have comments that can solicit some, or pull out some conversation, it would be best to do that. I would like to save the comments outside of the commission meeting just for those who are in that particular situation. Stolar: Jeff, did you have anything? Daniel: I really had none. Stolar: Dan. Campion: None. Stolar: Thor. 2 117 Park and Recreation Commission - August 28, 2007 Smith: None. I thought it was very well put together and I don't have any other additions. Stolar: Todd, I have 2 or 3 because I too agree. It looks great, and it was very well put together. And I don't know that these are specific changes but themes that I would like to see if we can incorporate. Hoffman: Okay. Stolar: One is, I think in relation to, we talked about the citizens surveys but I would also like to include some of the recognitions the city has had and how the parks contribute to the city's prestige or recognition. Right, which is one of our missions. So the Money Magazine, Best Places to Live and the Family, was it Family Circle? I think the fact that we are a part of what makes this town receive those recognitions is part of our mission. Hoffman: Great. Stolar: And then the second thing is, and you and I have talked about this before Todd, just the overall health issue that we're facing. Of course just recently the new obesity studies came out and you know for those of you who don't know, a good friend of mine is Executive Director of a foundation that focuses on childhood obesity and she develops programs for park and rec departments to help address childhood obesity. In fact she's a speaker at this year's national conference. Park and rec conference. And I think that the fact that we as a commission have always supported the trails and the programs and the physical activities to make for a healthier community, I think is an important thing to note as part of our objectives here. So we talk about the quality of life but it's the health and well being also that we support and you know even tonight in our CIP we said you know, we've got trails. We've got activities we want to support. Hoffman: Page 11 under active living, we'll expand on that. Stolar: Yeah, that's where, okay. Hoffman: It starts to talk about that but we can expand on that to include. Stolar: What I wasn't actually looking at, in the policy on page 14, the objectives so the overarching goal of park and recreation system is to provide facilities and programs to meet the city's needs and promote a sense of community. See if in there we can put some of those things, add some. Daniel: Health and awareness. Stolar: Health and awareness as well as the recognition and prestige quality of life factors. Those were just the two places. Hoffman: Thanks. 3 118 Park and Recreation Commission - August 28, 2007 Stolar: The final point I had was, is a nit picky one but in the chart I don't see us having Camp Tanadoon as one of the open space areas in that, on page 4. So we list all the other types of things including the private golf courses. I didn't know if we wanted to list Camp Tanadoon there. Hoffman: Okay. We do. We want to be inclusive. Stolar: That was all I had. And I mean again, I think both you and the staff, as well as our partners in. Hoffman: Hoisington. Stolar: Yeah. Just did a great job with this for this thing, and personally I'd like to thank commission members for either attending one of the, well our individual review session as well as the citizen reviews. In the discussion yesterday at the City Council, when we were talking about park needs into the future, it was very comforting to be able to rely upon the input we received at those open houses with the citizens where we've got so much feedback that was supportive of our plan. And you know our being there and talking with the citizens I think helped a lot so thanks. Hoffman: The picture of the wood playground will go away as well. Stolar: Like you say, they're such cute kids. Want to leave them in. Got to find maybe those kids and see if we can get them on the new playground. Hoffman: If you wouldn't mind go ahead and take them through those extra pages. Stolar: Okay. So in the extra pages that were just distributed we continued to talk about the objectives and policies. It follows on the objective of implementing strategies to supplement the city's capacity to expand and maintain the park and rec system. And then planning for parks and recreation proactively. Anticipate any community needs. Much of which we were just discussing today in the 10 year CIP. And then the final section is related to the park and rec initiatives, including the map that showed the work done showing all the different future initiatives and changes we'd like to see. Hoffman: And again I apologize. We think if it was as simple as one person printing it and the other person grabbing it off to go to the packet and then the copier ran out, or the printer ran out of paper so, page 18, 19, these are what you talked about. These are your words from last May going into the document as a commission so I want to make sure that you have an opportunity to at least take a look at those and review them. Daniel: Quick question. Once this program is completed, signed off on, what, how are we going to make this available to the public to read? Do we place it on the web site? Hoffman: It will be on the web site. 4 119 Park and Recreation Commission - August 28, 2007 Daniel: Okay. Hoffman: And this all goes through a public hearing process. I wasn't totally inclusive, not only are these your ideas, but these are the ideas that came out of the public meetings. So then this goes into a document and this is again read by the community and they'll say you know, this is good. This is not a good thing. This is crazy. And then council will, they may change the document. They may send it back to you to make some changes and modifications. They may send it back to staff. Then they'll continue to refine it until they actually put their stamp of approval on this and so this goes through a complete public hearing process. Once it's finally approved, then it will be covered in the paper. And then it goes into a print copy and then it goes on to the web site and people can access it. And then there's a comp plan out there now. Who looks at it? Not very many people unless you're developing property or you might be moving into an area or you might be interested in the community, moving here or bringing a business here. So then it's out there and accessed you know by individuals as they see fit. But it is the guiding document for what we're going to do. Stolar: And I encourage, if we, you know once this is solidified, that we probably provide it to new park and rec commissioners. This section to park and rec commission members as part of their orientation. I think when I joined we did get a copy of the. Hoffman: Existing plan. Stolar: What was that year. Hoffman: 2010. Stolar: 10, something like that yeah. Also if you noticed in here there was discussion about I believe updating this every 5 years. Hoffman: Correct. Stolar: And then reviewing it. You had something in here about reviewing it every 5 years or something. I can't remember where that was. Hoffman: Probably in the front of the plan. Stolar: Anyway, it was in here somewhere. I thought this, it should be a living document. If it dies, it should be a part of how we, you know when we do CIP's and such, it should be a guide for that. Hoffman: Okay. And then Friday, what time? Kelly: Well I just threw that out. I said Friday at 4:00. Hoffman: Perfect. 5 120 Park and Recreation Commission - August 28, 2007 Scharfenberg: You have a list of projects? That will not be referenced in here right? Or will it? The list of projects that we just ran. Hoffman: They will be included. The 20, the 10 year CIP will be in this document. It probably won't be in our section. It will be under the CIP section in the comp plan, but it will go in. Stolar: Any additional comments? Todd were you looking for a motion for us to approve this draft or were you just presenting it as information? Is there action you need from us? Hoffman: No action necessary unless you want to make some recommendations to be incorporated as changes. Stolar: My recommendations are strictly that. Recommendations and I'll leave it your's and the consultant's discretion as to how and when you include it. Hoffman: Wonderful. Stolar: Suggestions I should say. Hoffman: Yeah, and they're good suggestions. We'll get them in there. Stolar: Anybody have any formal action? I think just as a sense of the commission based on our comments here, I think this is, we're appreciative of the work done. Thank you. APPROVE RECOMMENDATIONS TO CITY COUNCIL, 2008 PARK AND TRAIL ACQUISITION AND DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM (CIP). Stolar: I know we have an action right in front of us and I know we already have some updates that we need to do based on our working session so. Todd, if you want to introduce the text? Hoffman: Absolutely. Chair Stolar, members of the commission, the 2008 Park and Trail Acquisition and Development CIP. It's listed on the back. There are 7 items I believe which we're going to take one out based on your work session. Highway 101 north trail connection will be deleted from 2008. What will remain is the Lyman Boulevard upgrade trail improvements at half a million. Arboretum Business Park/Chan Nature Preserve Phase I development at 317. That is currently underway. The Preserve trail and bridge at $250,000. That is also currently underway. Lakeside trail, Lyman Boulevard, that's currently rocked. It's not asphalted but should be by the end of the summer and then we pay this money back to the developer. And then our annual picnic tables, park benches. We'll be buying some actually for to outfit the new shelter. And then trees in the fall. We always do a fall tree planting to replace what's been lost over the summer, such as in a couple of storms so we'll be out taking a look at some areas. So that brings the number down from the $1.263 to $1,138,000. Stolar: And then we did talk about the marquee at City Center Park. Hoffman: Adding that in. 6 121 Park and Recreation Commission - August 28, 2007 Stolar: Adding that in with the understanding that we're also going to work with the city to see if there are additional other sources of funding for a community wide, not just park and rec, community wide marquee. Since Jerry's going to be coding this little program in there. Hoffman: Second part of the item, the commission would need to formulate a recommendation to forward a 10 year CIP based on the conversation we just completed and the document that we saved for years 2009 through 2017. Stolar: And we don't have it right in front of us but the, does anyone have any questions to how we ended up with it? Let me see if we need. Is the commission interested in making sure we…before we recommend it? So do we have a motion on the amended 2008 CIP recommendations? Those amendments being off the staff presentation. The removal of the 101 north trail connection at $125,000 and then the addition of the city information marquee at City Center Park. Scharfenberg: Motion to approve the 2008 Park and Trail Acquisition and Development CIP as amended. Stolar: Motion by Commissioner Scharfenberg. Do we have a second? Campion: Second. Stolar: Seconded by Commissioner Campion. Any comments? Discussion? Changes? Scharfenberg moved, Campion seconded that the Park and Recreation Commission recommend the City Council approve the 2008 Park and Trail Acquisition and Development Capital Improvement Program, amended to delete the Highway 101 North Trail Connection at $125,000 and the addition of a city information marquee at City Center Park. All voted in favor and the motion carried unanimously with a vote of 7 to 0. COMMISSION MEMBER PRESENTATIONS: Stolar: Why don't we, since Jerry's the next two reports anyway, we'll wait for him to come back. I guess I can, if commission members don't mind, I'll jump quick to just the city meeting report from last night and, for those of you who don't know, we were asked to present our park and recreation needs, forecast future needs and much of it, very similar to what we've talked about tonight with the 2030 plan as well as the CIP, and it was a good discussion. I think, as I mentioned previously, the fact that we had the input in the 2030 plan was very helpful in discussing the support for the visions we have. It did come down in the discussion too so basically the crunch that we're dealing with from a community park perspective is athletic fields, and the answer was yes. That's really the big push right now because as they talk about, we have a lot of open space and if you look in the 2030 plan from an acreage perspective, in 2030 we'll be about 42 acres short in community, 40 acres short in community parks based upon the models that we used. We'll be 12 short I believe in neighborhood parks. But those numbers, it was brought up by the City Council, don't include all of these other open space items we share such 7 122 Park and Recreation Commission - August 28, 2007 as preserves or Minnewashta Park or the Arboretum. Things along those lines. Well, and in the discussion we talk about how those really don't count when you're looking at athletic fields because you can't put an athletic field on the Arboretum. You can't put them in Minnewashta so the need for a community park really is centered a lot around as the population grows, the athletic field needs grow. I think that was a take we all walked away with. But I think that they saw that need and. Hoffman: They're willing to work with us. Stolar: Yeah, willing to work with us and saw that we've done, I felt they felt we did our homework. We worked, you know looked at all alternatives. We talked about how we've used Minnewashta for recreational programs when we could. And that to the extent that we can extend that partnership we will, but outside of that I think it was a pretty well received discussion. And it was nice, as Todd mentioned in our working session is, we got to discuss this portion of our 2030 plan with them as a focused item. Just us. And I thought that that worked well. Hoffman: And the council wants to continue to challenge you as individual commission members to take a look at what you can come up with with your own thoughts and with discussions with your neighbors and friends about, they talked about can we put athletics back into neighborhood parks more. Stolar: Yes, oh I'm sorry, yeah. Hoffman: Can we expand existing facilities? Can we continue to expand existing facilities? What partnerships can we grab onto? Stolar: Right. Are there other lands out there that aren't quote unquote parkland that we could put athletic fields on? Hoffman: Because we admitted openly that the easy acquisition development projects are over. There's not going to be easy projects and so. Stolar: And the flat land is not there anymore. Hoffman: Most of it's gone. There it's worth about you know $10.00 a square foot. And so it's going to be a challenge and so when you complete a study and you put that challenge out there, you know the easiest thing to do is just to say change our numbers. Let's just take that away but that's not what we're about. We want to make sure that we meet those demands. It also, this is also a very true validation of what we know. What we've heard for the past 10 years. We know that people are happy with the neighborhood parks. We know they're happy with their trails. They can get out of their house, but we've heard this you know, there's not enough ballfields. There's not enough ballfields. We were very fortunate with Bandimere. We were extremely fortunate and so you can feel good about that, but here's always think about it in your head. Bandimere was such a good deal, it's way down here. We're going to pay, if we acquire it, we're going to pay way up here for the next one, and both of those are going to balance out and you're 8 123 Park and Recreation Commission - August 28, 2007 just going to say okay, well. We got one on the cheap. We're going to have to pay for one, and we can all say for years and years, we should have bought two Bandimere's when we bought one, but we didn't and so now we're going to have to pay. Or come up and be creative. Before councils and citizens are willing to pay 5 or 10 million dollars for the next community park, when they paid 2 for their last one, they're going to want to make sure that you've exhausted all the possibilities for fulfilling their athletic field needs. We also mentioned, the other thing that we may lose the Instant Web field, so we're up one field now you know and that may go away. For those of you not familiar with the Instant Web field, it's down there, it's in a private business lot. When they build a building there, that field goes away and we're down one more so. Daniel: Do we have an assessment of existing parks, neighborhood parks that we have right now that could have, for example Curry Farms. I know that there's enough open space there that you could tentatively size a small soccer field in there. For junior or whatever it may be. There used to be at one time there something like that. I mean that's just one example. Plus there's parking so I mean there's. Hoffman: Well, yeah very little parking. Daniel: Very little. Hoffman: You were probably around in the days when we put CAA would play at Rice Marsh. They would play at Carver Beach Park. And what happened is that parking filled the cul-de- sacs. Blocked people's driveways. They would park in one place and walk through yards to get to the field. And so the community was fairly upset with the park commission. Fairly upset with staff and the council about you shouldn't be forcing these community athletics into our neighborhood parks. It's causing problems. It's hampering our quality of life. You know nobody else has to put up with that. We live next to a park and we have to put up with that, and we made again promises to the community that when we acquire Bandimere, when we approved the Rec Center, when we built the Rec Center, we improved City Center, we'll take those out of those neighborhood parks, and we've done that with the only exception being North Lotus and Meadow Green where we still, and a few, for any of you who have been around Meadow Green, I still can't believe they put up with what they do down there. The parking is you know, it's bad. But they've become accustomed to it and so the mayor brought the very same point up. You know we could put youth athletics back into neighborhood parks but it's going to caused some headaches. Oh in Sunset Ridge we're doing that. So we're doing it where we can get away with it. That's the best way to put it… Daniel: There used to be soccer there. Hoffman: Yeah some, what would you call it, enterprising coaches. Ruegemer: Yeah. Hoffman: Find a few open fields. 9 124 Park and Recreation Commission - August 28, 2007 Ruegemer: We don't advise people, we don't schedule anything but we know that it's occurring in certain neighborhoods. Chan Hills is another park. Hoffman: And that's public use. You're not going to do a lot about that. Stolar: It's just a bunch of people getting together but it's you know coached by these teams, yeah. Hoffman: But if we start to schedule them back on those parks and those neighborhoods start to have a problem, this audience is going to be their first stop. They're going to be saying, hey what's the deal? You know why are you putting those people back in the neighborhood parks. And that's also the reason we stopped building ballfields in neighborhood parks, is because you don't need a ballfield to play pick-up baseball on a Saturday afternoon with your neighbors. And when we put these very nice, fenced, dugout or you know and aggregate fields in, then the athletic association started saying hey, they put that out. A nice field over there in Chanhassen Hills Park. Why don't we, we should be scheduling games over there, so we stopped building those parks, those fields in those neighborhood parks for that reason. But push come to shove, you know you might have to do it again. You never know. Daniel: It just comes down to capacity. You might reach that point where, again based off of the cost threshold of expanding or get another community field, you have to look at alternatives. Hoffman: Yeah, it's what appropriate. And the first place they go to is those fields like Sunset where the parking lot is large and it's not in a neighborhood. And North Lotus where it's fairly large parking lot, not right in the neighborhood. Stolar: Roundhouse has a park there but it doesn't have a field. Hoffman: No field. And they're using that for some pick-up. Ruegemer: Soccer. Hoffman: Soccer. Yeah, the coaches in that side of town are finding it. Stolar: Jerry did bring the other recommendations so as we went through it. It shows for 2009 we have $650,000 recommended with the two trail projects. Bluff Creek and Pioneer Boulevard. Hoffman: And then half a million at Lyman. Stolar: Half a million at Lyman, that's right. And then 2010 was going to be a lighter year with 70 grand. Oh, I noticed the 2008 Carver Beach Park, fishing dock extension. We didn't include in that. We had it in 2008 here. We didn't include it in our CIP recommendation. The $3,000. Hoffman: Okay. 10 125 Park and Recreation Commission - August 28, 2007 Stolar: Do I have a motion to amend our previous motion? To add that one since it was listed here. Hoffman: Scharfenberg would need to do it. Scharfenberg: What was that? Stolar: Amend to add the Carver Beach Park fishing dock extension to the 2008 CIP. Scharfenberg: So amended. Stolar: Okay. Scharfenberg moved, Campion seconded to amend the motion of approval for the 2008 Park and Trail Acquisition and Development CIP to add the Carver Beach Park fishing dock extension. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Stolar: Somewhat Robert's Rules of Order but not exactly the way it should be. Hoffman: It'll be about $3,000… Stolar: Yeah. Yeah actually that brings to close the Carver Beach discussions with what's been done so far. I think that's great. So then going back to 2009, we have 650 in new projects plus the 500 carry over of Lyman for 1150. 2010 will be an extremely lean year with about 70. Hoffman: 50 and 20. Stolar: 50 and 20 so 70 grand being spent. 2011 we're looking at the Lake Ann ballfield shelter/restrooms at 750. 2012 is, let's see which one. Hoffman: 450. Stolar: Is the MUSA neighborhood parkland acquisition. 2013 we have the safety netting for Bandimere I believe. Hoffman: Yep. And downtown railroad trail. Stolar: Downtown railroad trail 300 for 340. 2014 we have. Hoffman: Picnic shelter improvements. Stolar: Picnic shelter improvements of 100. 2015 we have the access docks as well as. Hoffman: Rice Marsh Lake. 11 126 Park and Recreation Commission - August 28, 2007 Stolar: Rice Marsh Lake trail extension. And I don't have the dollar number of that one. What was? Hoffman: I think it was 3. Stolar: Oh wait, that's over here. Yeah. …so that was for $10,000 each so about $400,000 roughly. 2016 was the Bandimere shelter for 750. 2017 another lighter year. The skate park, new ramps for 75. So that's what we had. Do we have any discussion on those? Seeing none, I have a new business item related to, or excuse me…related to the CIP. Do we have a motion to approve this as our 10 year CIP recommendation for Todd to present as part of the comprehensive plan? Campion: Move to approve it. Stolar: Moved by Commissioner Campion. Daniel: Seconded. Stolar: Seconded by Commissioner Daniel. Any further discussion? Campion moved, Daniel seconded that the Park and Recreation Commission recommend the City Council approve the 10 year Park and Trail Acquisition and Development CIP. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Stolar: And again thanks everyone for spending the time today to go through that. Hoffman: Great work session. You guys did a wonderful job. RECREATION PROGRAM REPORTS: DAVE HUFFMAN 5K MEMORIAL RUN. Ruegemer: Yeah just give the commission a little update. The Huffman race is coming up Saturday, September 8th. Again it's our 8th Annual. Kathy, Dave's wife is coming back again with her brother this time so they'll be set up with the, at the AmericInn has some suites and plane tickets and stuff already to go for Kathy. Dave and Kathy's daughter Jessica is going to the University of Minnesota right now so she's in town and their son Jack will stay back in Chicago for the time so, she's, I just talked to her last week. She's really looking forward to coming back again and seeing everybody involved with the race. Also old neighbors so they're extremely pleased with that. I've had conversations with Mike Wegler, our Street Superintendent and Peter Anderley with our Carver County Sheriff's department. I'm going to be meeting with those two gentlemen again tomorrow morning at 11:00 to go through kind of last minute road closures and cone placements. Staffing. That sort of thing tomorrow morning so those guys are great to work with and they're always real receptive to our needs that we'll have a successful event. So we'll go through that again. Kids race is on track again. Palmer's I believe is going to be sponsoring that again this year. They're going to write a nice check for that. We have a new, one of the new 12 127 Park and Recreation Commission - August 28, 2007 Vikings mascots coming. Ragnar will not be here this year. It'll be somebody else affiliated with the Vikings mascot department so made the arrangements so they'll change at City Hall that morning and then come out for the event that day so the Vikings have been involved again with that. Given us free advertising on their web page and also during the game day publications at the games. All the postcards and that have gone out to all the past participants inviting people to participate again. Shirts should be here probably the next 2 or 3 days. They're actually on the printer I believe today. So those should be all set to go. As it relates to the shirts, we have new kind of a major sponsor. Ridgeview Medical Clinics agreed to pay the, for the most part, almost 100% of the shirt costs of $2,400 so that means we can give more away. Kind of on the tail end of it to the boy scouts. Feed my starving, what was it? Feed my. Hoffman: Starving Children. Ruegemer: Starving Children, and then of course we're also going to donate $1,000 to the student scholarships with the Chamber of Commerce in Dave's memory so, Dave's honor so that's been a really great event with that. That just means we can spread the, spread a little bit more money across the board so it'd be a great day. Great event. Again we have another meeting scheduled with the Huffman board on Thursday afternoon at 3:00 to kind of go, keep going so we have a meeting once or twice a week leading up to the race so. Everything's on line right now and moving towards the race day. Scharfenberg: Jerry, does the board decide what charities the money goes to? Ruegemer: Typically yes. Scharfenberg: Okay. Does that change from year to year? Ruegemer: It does. Scharfenberg: Or does it stay pretty constant? Ruegemer: Yeah, it does. For the most part there's kind of some you know staples. The boy scouts typically receive some money. We've added the, I think this is the third year now for the Chamber of Commerce Student Scholarships. We eliminated the Arboretum this year and added Feed My Starving Children to that event and so you know down the road, you know we can discuss, I'm sure we'll probably do something for the Ridgeview Foundation as well probably at some point down the road so. Kelly: How much money did the raffle ticket sales raise for the Huffman Run? Ruegemer: I want to say $1,100. Total revenue. Smith: Is it the same route as last year? Ruegemer: Yep. 13 128 Park and Recreation Commission - August 28, 2007 Hoffman: Who can forget it? Most importantly, Dave sat right at this venue. Right here. He was one of. Ruegemer: I think in Tom's chair. Stolar: Okay. Ruegemer: If anybody would like to be involved that day, help out with registration and be a course monitor, involved in any way or just want to show up, please tell me and we'll get you involved as much as you want to be or as little as you want to be so. Stolar: I'll check the fall baseball schedule and then I'll let you know. Okay, thank you. Any questions? FALL PROGRAM UPDATE. Ruegemer: Fall programs, just kind of a general FYI for the commission. John was on staff about a week and he had to put this together so, he's really, he did a nice job on putting a lot of the programs together. Making a lot of contacts in the short term with the 4th of July and everything going on so, there's a lot of combined efforts with multiple agencies here. This includes also the Rec Center with that. We're going to try some new things for the MEA timeframe. We're going to kind of break away from the traditional school day other ventures with Eden Prairie and Chaska and kind of try to do some things on our own with that so just try different type of classes. Adult types of classes and really kind of try and gear up towards the fall season here so. I think the winter's newsletter is due here in the next couple weeks here so for the winter, so we're kind of thinking ahead even beyond this a little bit as well so. Stolar: Great. Any questions? Atkins: Do you have a fall…softball league? Ruegemer: Yep, fall softball is going. We started the week of the 13th. 14th. Was it Tuesday the 14th. We started a couple weeks ago and we will go now til about the first part of October. Fall basketball will be starting next, about 2 or 3 weeks. Campion: When are the lights going to be in at Lake Ann? Hoffman: Lake Ann? They'll be completed this, late this fall. End of November, ready for the spring. Same schedule as the shelter. Be done late this fall, early spring. Stolar: And we had talked about maybe next spring having a. Hoffman: Dedication. Stolar: Little ceremony. 14 129 Park and Recreation Commission - August 28, 2007 Kelly: Will CAA take full advantage of the lights next year do you think? Ruegemer: Multiple agencies will. Stolar: That's what we could do. Have a little softball game. Us against City Council. Scharfenberg: Park and Rec against the Planning Commission. Stolar: Actually, one commission should join us and then we get first bids. Hoffman: Park commission against the 14 year olds. Stolar: Any other questions? Kelly: I just a question, any feedback about the Miracles Kids Triathlon at Lake Ann? Ruegemer: I certainly didn't hear any negatives on it. My daughter did participate as well as your's so I was down there. I mean it really was hurry up and let's get swimming and let's get biking but as far as I know, I think everything went fine. Hoffman: An event very lucky to get that one under the belt. I mean it was huge, as I biked down that morning I just thought, well this is what you run into and all that effort, all that planning and if it would have been a thunder storm rather than rain storm, it would have been done and those people would have had to go home and it would have just been so deflating so even with the weather, a great success. Stolar: And we had no parking was an issue again and I did talk to some of the Carver County sheriff's and the way they let people just park along 78th Street there, it worked out well so. They managed it well. Hoffman: Yeah, and the health issues were just onset of hypothermia and a few road rashes…to think you're suffering from pre-hypothermia in August. No body fat. 3 hours in the rain and cold. We actually had a car that they were heating kids in as they were warming them back up from coming off the race course. Stolar: Did you guys stay for a little bit at the end there with that one kid that raised the number…kid again. $25,000 he raised….one kid. Yeah, just amazing. He just tops himself. Last year he broke 10 which was just amazing and then this year he broke 25. Just amazing. Hoffman: I think he sponsored, somebody said he sponsored his own golf tournament. Stolar: Something like that. Yeah, he thought of ways to raise the money. He just keeps coming up with new ideas to raise money for this charity and it's amazing. 15 130 Park and Recreation Commission - August 28, 2007 16 Hoffman: He was awarded the, for the statewide triathlon association, I think he was the fifth person ever to receive their highest award and they awarded that to him at their annual banquet so very neat story. Stolar: Alright, any other items to discuss? Questions on the Administrative packet? ADMININSTRATIVE PACKET. None. Smith moved, Campion seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim 131 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 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 ti MEMORANDUM TO Paul Oehme City EngineerlDir of Public Works O FROM Joseph Shamla Project Eng ner DATE September 24 2007 SUBJECT Goers Culvert Drainage Improvements Project No 07 13 Approve Quote and Award Construction Contract REQUEST Simple Majority Vote Required Staff requests the City Council to approve a construction contract and quote in the amount of 29 384 70 to GL Contracting Inc for workto be performed on the above referenced project DISCUSSION In 2006 a drainage plan was completed by Hansen Thorpe Pellinen Olson HTPO Inc for the regional ponding in Power Hill Park The purpose of this plan was to create more ponding volume to help alleviate downstream erosion issues and to increase water quality Power Hill Park Pond is connected via a drainage ditch through Goers property to Bluff Creek This ditcBisvery steep having an approximate elevation difference of 26 in 800 of leng tyveen the outlet of t pond and the Goers culvert Over the years andpriogto the regionalpo d Power Hill Park being completed this culvert had filled up with sedimentan d most recently the culvert was washed out because of the large volume of runoff The City of Chanhassen Street Department temporarily fixed the culvert to get the Goers access to their property Since the culvert was only temporarily fixed by the City a plan was developed to attempttopermanently solve the problems with the Ggers Culvert The pl isW install a 48 reinforced concrete pipe to replace the 48 corrugated metalp pyLthat is currently in place Erosion protection measures areincluded to the downstream portion of the culvert to help prevent sediment frornentering Bluff Creek In exchange for the project the City has obtained a no cost permanent drainage and utility easement to this section of the ditch on the Goers property The drainage ditch through the Goers property is a regional ditch and should be maintained by the City of Chanhassen Four quotes for the work were submitted to the Cityforthis work The engineer s project estimate was 33 15Q QO The bids received are 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 play132 Paul Oehme Goers Culvert Drainage Improvements Project September 24 2007 Page 2 GL Contractin Kusske Construction Minger Construction Parrott Contracting 29 384 70 29 619 50 31 86440 37 663 90 GL Contracting is the low bidder for the project GL has worked for the City in the past and most recently completed the sanitary sewer improvements on Lyman Blvd and storm sewer pond outlet project in Longacres in 2006 Their work was acceptable Funding for this project was budgeted in the 2007 CIP Project SWMP 012 The anticipated schedule of the project is as follows Award Contract Start Construction Final Completion September 24 2007 September 26 2007 November 2 2007 RECOMMENDATION Staff recommends that the City Council adopt the following motion The Chanhassen City Council approve quote and award a construction contract for the Goers Culvert Drainage Improvements Project 07 13 to GL Contracting in the amount of 29 384 70 Attachment 1 CIP Page 2 Project Map G ENGPUBLIC 2007Projects 07 13 GoerCu1vert09 24 07ACC doc 133 Capital Improvement Program City of Chanhassen MN 2007 thru 2011 Contact Unassigned Department Surface Water Mana ent Type Improvement Useful Life Unassigned Category SWMP Priority nJa Project SWMP012 Project Name SWMP Implementation Account 1 7200000 4300 Account 3 Account 2 Total Project Cost 1 650 000 Description I This project implements projects identified as high priority by the Citys Surface Water Management Plan the National Pollutant Discharge Elimination System NPDES Phase II permit City Council andor City staff Justification I These projects are necessary to meet state and federal government requirements for storm drainage address storm water issues in existingdevelopmentsmaintainexistinginfrastructureandconstructtheinfrastructurerecommendedbytheCitysSurfaceWaterManagementPlan Expenditures Construction 2007 450 000 Total 450 000 2008 300 000 300 000 2009 300 000 300 000 2010 300 000 300 000 2011 300 000 300 000 Total 1 650 000 1 650 000 Funding Sources 2007 2008 2009 2010 2011 Total Surface Water Utility Fund 450 000 300 000 300 000 300 000 300 000 1 650 000 Total 450 000 300 000 300 000 300 000 300 000 1 650 000 Iit UOthOI I 1 i f 103 0 134 GOERS CULVERT f r 8 r i U M t n Z Lxmal1 Blvd 2 h d W n o lii i lW ifiAl Jt 1 x 135 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952 2271190 Engineering Phone 952 227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952 2271110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site wNw ci chanhassen mn us i MEMORANDUM TO O Paul Oehme Director of Public Works City Enginee0 FROM Gordy Stauff Engineering Technician IV DATE September 24 2007 SUBJ Accept Public Streets and Utilities in Highcrest Meadows Highcrest Meadows 2nd Addition Highcrest Meadows 3rd Addition Project Nos 05 07 05 08 05 09 Staff has received a letter from Bill Coffman Project Manager Highcrest Meadows requesting the City consider acceptance of the streets and utility improvements in the above referenced project According to Mr Coffman the public improvements have been completed in conformance with the approved plans and specifications City staff performed an inspection of the project and found the streets and utilities in satisfactory condition It is therefore recommended that the City Council accept the public streets and utility improvements in Highcrest Meadows Highcrest Meadows 2nd Addition and Highcrest Meadows 3rd Addition Project Nos 05 07 05 08 and 05 09 for perpetual maintenance and ownership Jms Attachments 1 Memos from Bill Coffman dated February 23 2007 and June 5 2006 2 Location Map c Alyson Fauske Assistant City Engineer Bill Coffman Yoberry Farms LLC David Hurrell Hurrell LLC The City of Chanhassen A growing community with clean lakes quality schools a chamning downtown thriving businesses winding trails and beautiful parks A great place to live work and play g eng projectsfjhighcrest meadows formerly yoberry farm accept streets utilities 092407 doc 136 MEMO Date February 23 2007 To Paul Ohme City Engineer City ofChanhassen From Bill Coffman Project Manager Highcrest Meadows Subj Request for City Acceptance of Streets and Utilities for Highcrest Meadows Highcrest Meadows 2nd Addition and Highcrest Meadows 3rd Addition Ref a My letter of June 5 2006 1 By reference a I had previously requested acceptance of the subject streets and utilities the City noted that the required bonds and as builts had not yet been submitted The required bonds and as builts have now been submitted 2 It is requested that the City of Chanhassen formally accept the subject streets and utilities Bill Coffman 137 MEMO Date June 5 2006 To Paul Ohme City Engineer City ofChanhassen From Bill Coffman Project Manager Highcrest Meadows Subj Request for City Acceptance of Streets and Utilities for Highcrest Meadows Highcrest Meadows 2nd Addition and Highcrest Meadows 3rd Addition Encl 1 Landform Highcrest Meadows Project Engineer memo ofMay 30 2006 1 The street and utility construction for the three Highcrest Meadows additions has been completed and has been constructed substantially in accordance with the approved specifications as noted in enclosure 1 It is requested that the City of Chanhassen formally accept these streets and utilities 2 The General Contractor will post the required warranty and maintenance bond upon acceptance by the City Bill Coffman 138 HIGHCREST MEADOWS HIGHCREST MEADOWS 2ND ADDITION HIGHCREST MEADOWS 3RD ADDITION LOCATION MAP t f1 jfd L J cO o 2 i L 1RJ1 o O o 1J CD O o r r fh 1 ay o b 1 ro 1 QJ I Ib li 0 Wl r 4i U Sg l W IVpffi LJ e fJ7 f 111 H itooH j0 J A 1JJ Et7 G i fT1 0 Z J y llV9ThGun I 0 R21J e ot e 1Q J1J v J 5 L J IDJI5 7 l I l1itJ liAiDrACTifJ Hun dP iJ1O OL gJ 1 O Wa l1Icr n rYe cq 139 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 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 952227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site WIfW ci chan hassen mn us 10t MEMORANDUM TO Paul Oehme Director of Public Works City Engineer FROM Alyson Fauske Assistant City Engineer 6DATESeptember242007 SUBJECT Authorize Preparation of Feasibility Study and Approve Consultant Contract for 2008 Street Reconstruction Project Project No 08 01 REQUESTED ACTION Simple majority vote required City Council is recommended to authorize the preparation of a feasibility study for the 2008 Street Reconstruction Project and approve a consultant contract in the amount of 265 973 00 with Kimley Hom and Associates Inc BACKGROUND The City s pavement management program has recommend that streets in the Laredo Drive area be reconstructed in 2008 The public utilities in the area are old have had many problems and should be replaced Approximately 1 35 miles of streets are proposed to be reconstructed The area for improvements include Laredo Drive Laredo Lane Longview Circle Cimarron Circle and Highland Drive west of Laredo Drive The streets will be reconstructed to the City s standard street design but the width may vary in some areas due to site constraints The reconstruction project will include the improvement or replacement of most public utilities within the reconstruction project area A map of the 2008 Street Reconstruction Project Area is attached On August 10 2007 a Request for Proposals RFPs for this project was emailed to Hansen Thorp Pellinen Olson Inc HTPO Kimley Hom and Associates Inc and WSB Associates Inc All firms submitted a proposal which is summarized as follows Kimley Hom WSB Hansen and Associates Thorp Associates Inc Pellinen Inc Olson Inc Submitted prior to the deadline Proposal format Transmittal letter submitted with required information Members of the consultant team identified Understanding of project Base Fee 265 973 266 576 243 280 Additional Services Laredo 18 940 16 713 9 592Drivestormsewerpond The proposals also included the cost for engineering services for the design easement acquisition and construction observation for a storm water treatment pond on the west side of The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play140 Paul Oehme 2008 Street Reconstruction Project September 24 2007 Page 2 Laredo Drive south of the Del Rio Drive At this time the property owner has not been approached regarding this proposal therefore staff recommends awarding only the base fee of the consultant contract Hanson Thorp Pellinen Olson Inc price proposal was the lowest however staff is concerned that the HTPO design team does not have any experience with Chapter 429 projects and has limited experience with street and reconstruction projects Due to the magnitude of this project staff recommends that the consultant contract be awarded to Kimley Horn and Associates the second lowest proposal Kimley Horn and Associates Inc has met the criteria set for this project and they have worked on many Chapter 429 projects for the City Most recently projects that Kimley Horn and Associates Inc has worked on for the City include the TH 312 212 utility and roadway assessment project Bluff Creek Boulevard 2005 MUSA project 2007 Street Rehabilitation Mill and Overlay project and the Dogwood Road street reconstruction project Their work has been satisfactory SCHEDULE If this project moves forward staff anticipates the following project schedule Award Consultant Contract Neighborhood Meeting Public Hearing Bid Opening Neighborhood Meeting Assessment Hearing Award Contract Neighborhood Meeting Start Construction Construction Complete September 24 2007 November 2007 January 2008 March 2008 April or May 2008 April 2008 May 2008 May 2008 Late August 2008 FUNDING Funding for the project is anticipated to come from several sources Forty percent 40 of the street improvement cost would be assessed back to the benefiting property owners per the City s assessment practice The remaining 60 of the street cost would be a City cost The storm sewer sanitary sewer and watermain replacement costs would be funded by the respective utility funds The following is the anticipated recommended project budget and funding sources Revolving Assessment fund 1 600 000 Sanitary Sewer Utility fund 250 000 Watermain Utility fund 660 000 Storm water Utility fund 400 000 2 910 000 The contract will be a time and materials based work not to exceed amount As with all engineering contracts the consultant must submit periodic invoices that staff will review before processing The consultant will be required to submit time sheets verifying the hours worked on the project and expense sheets Staff will review the invoices and expense sheets for accuracy and conformance to the contract G ENGPUBLIC 2008 Projects08 01 2008 Street Improvementsapprove consultant contract 09 24 07 uoc141 Paul Oehme 2008 Street Reconstruction Project September 24 2007 Page 3 RECOMMENDATION Move to authorize the preparation of a feasibility study for the 2008 Street Reconstruction Project No 08 01 and approve a consultant contract with Kimley Horn and Associates Inc in the amount of 265 973 00 for complete engineering services related to the project Attachment Project Area Map G ENGPUBLla 2008 Projects08 01 2008 Street Improvementsapprove consultant contract 09 24 07 OOc142 y I L I 2008 Street Project c Y noo KYN I gi 7307 7305 7306 7 I wA7307 7360 7367 506 5041502 500 7380 7381 H rI I 50 IS R U 7420 7421 1 505 II a 7441 t 7402 410 408 406 404 402 1 I i 7406 7404 llo 7460 Ii 7461 IMP81 l J ll J8RDI I AREeGl e II 401 480 7405 413411 409407 405 403 M 06 507 0 7407 I 50S Q I 50J iY 508 V J 509 Itrno o 4rOG DB 513 SANTA VERAQ 517 514 r I 621 Santa Vera Drive 516 515 18 unit aApartmentApproximatelUildin9 rlocation ofpotential UJ DEL RIO DR slormwater pond HIGHLAND DR 400 I I r I ll 7600 Laredo Dr 1ElemetSChJ L I I XEST 76TH ST 7603 Laredo Dr 7605 7607 7609 ly Hall I r I 7611 I IiiIIi80J 1 17610LaredoDr7613fjFijetaliorjj7615IjtLege J I I I I CHAN VIEW AVE L t 7730 ared9 Dr L J Proposed 2008 Street Reconstruction Po t Offic I 513 Chan v Ai Proposed properties to be assessed l J r 600W 78th Street L Iein Bank r Building ewa I i 586 W 78th St Strip Relaih 4C Il560 7 r 480 WEST 78TH ST tio I I Ct JI 1rCsrIrET L IIj N W E S 300 150 0 I 0 I L I 300 I Feet August 9 2007 g lenglpublicI08 01 2008 StreetlmprovementslMapsl0801 RFP exhibit 143 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site WIVW ci chanhassen mn us e MEMORANDUM TO Todd Gerhardt City Manager Paul Oehme P E Dir of Public Works City Engineer 0 06 FROM DATE September 24 2007 SUBJ Approve Joint Powers Agreement for TH 5 Corridor Scoping Analysis Preliminary Design and Environmental Screening PW067B2 REQUESTED ACTION Approve Joint Powers Agreement with SWCTC for TH 5 Corridor Scoping Analysis Preliminary Design and Environmental Screening TH 41 to TH 212 BACKGROUND The Phase 1 Corridor Scoping Analysis Preliminary Design and Environmental Screening study is an outgrowth of a coordinated effort by Carver County MnDot and the Cities of Chanhassen Victoria Waconia and Norwood Young America to plan for future long term transportation needs on TH 5 In the context of other transportation routes in Carver County TH 5 is one of the key minor arterials that provide east west mobility through the County Because of significant growth along the corridor and the resulting opportunities for communities to manage development through their planning powers there is a concerted effort by Carver County and the affected communities to define the potential future improvements to TH 5 so that they can work towards these improvements over time As such the communities are trying to plan for additional growth and the resulting physical improvements that will be necessary to accommodate the traffic that is generated The intent of this project is to complete some environmental documentation and determine the needed right of way for future improvements MnDot currently does not have this corridor programmed for major improvements in the next 20 years The City and the County can officially map the corridor with the completion of this study and work towards preserving the right of way when developments are proposed along the corridor Three consultants submitted a cost and technical proposal for the work Representatives from the Cities of Chanhassen Victoria Waconia Carver County and MnDot rated and scored each proposal SRF Consulting was rated the best overall technical proposal and their fees were the lowest The City attorney has reviewed the agreement and finds it acceptable FUNDING Funding for the City of Chanhassen portion of the project is programmed to come from Municipal State Aid Chanhassen s cost obligation is a not to exceed amount of 10 000 RECOMMENDA TION Staff recommends Approve Joint Powers Agreement for TH 5 Corridor Scoping Analysis Preliminary Design and Environmental Screening Study at this time Attachments The City of Chanhassen A growing8QQl iD BiiJJl 5gig IJ el ij P Rjy rlh lg Pi6 tg g ut Ji trlllI i mp lQding trails and beautiful parks A great place to live work and play144 AGREEMENT between SOUTHWEST CORRIDOR TRANSPORTATION COALITION CARVER COUNTY and the Cities of NORWOOD YOUNG AMERICA WACONIA VICTORIA AND CHANHASSEN for Phase 1 Corridor Scoping Alternative Analysis Preliminary Design and Environmental Screening from Minnesota TH 5 from TH 41 TO TH 212 THIS AGREEMENT made and entered into by and between the Southwest Corridor Transportation Coalition a non profit corporation organized under the laws of the state of Minnesota party of the first part hereinafter referred to as SWCTC the City of Norwood Young America a municipal corporation organized under the laws of the state of Minnesota party of the second part hereinafter referred to as NY A the City of Waconia a municipal corporation organized under the laws of the state of Minnesota party of the third part hereinafter referred to as Waconia the City of Victoria a municipal corporation organized under the laws of the state of Minnesota party of the fourth part hereinafter referred to as Victoria the City of Chanhassen a municipal corporation organized under the laws of the state of Minnesota party of the fifth part hereinafter referred to as Chanhassen and the County of Carver Minnesota a municipal corporation organized under the laws of the State of Minnesota party of the sixth part hereinafter referred to as County WITNESSETH WHEREAS the SWCTC NYA Waconia Victoria Chanhassen County and the Minnesota Department of Transportation MnDOT have been involved in discussions about future improvement ofTH 5 between NYA and TH 41 and WHEREAS it is the desire of the SWCTC NY A Waconia Victoria Chanhassen and County to enter into a written document for an initial project development for TH 5 from TH 212 to TH 41 NOW THEREFORE in consideration of the mutual covenants and promises hereinafter contained it is agreed by and between the parties hereto as follows 145 Page 20f6 Transportation Study Agreement TH 5 Corridor Scoping A That this agreement shall apply only to the completion of the transportation study titled Phase I Corridor Scoping Alternative Analysis Preliminary Design and Environmental Screening for Minnesota TH 5 from TH 41 to TH 212 B Prosecution of this transportation study included in the project shall be referred to as the Project C Prosecution of the Project will be performed by a contractor to the County as per the attached professional services agreement with SRF Consulting Group Inc and identified as Exhibit A D The County will be the lead agency coordinating this Project Carver County will be partners with MnDOT and the cities of Chanhassen Victoria Waconia and NY A During the prosecution of the Project the cities in consultation with Carver County and in some circumstances MnDOT will coordinate specific tasks of the Project E The method of financing the Project shall be the prerogative of the parties hereto Funding of the Project is subject to the following provisions 1 PROJECT COSTS a The total agreement is not to exceed 159 500 b The County at its expense if any shall be responsible for the Project costs c The SWCTC will reimburse the County a lump sum amount of ten thousand dollars 10 000 d NY A Waconia Victoria Chanhassen and the County are each responsible for a percentage of the total agreement cost less the 10 000 SWCTC share These percentages are NYA Waconia Victoria Chanhassen County 5 0167 334448 334448 6 6890 21 4047 e NY A Waconia Victoria Chanhassen and the County total cost obligation under this agreement shall not exceed NYA Waconia Victoria Chanhassen County 2 REIMBURSEMENTS 7 500 50 000 50 000 10 000 32 000 146 Page 3 of 6 Transportation Study Agreement TH 5 Corridor Scoping a The SWCTC NYA Waconia Victoria and Chanhassen will make lump sum payments to the County in the amount of their respective total cost obligations under this agreement after the Project is under contract with the contractor to the County and within sixty 60 days of the billing date from the County b The County will reimburse NYA Waconia Victoria and Chanhassen the unspent portion of their respective total cost obligation payments based on the percentage of total cost obligation within sixty 60 days after final payment is made to the Project contractor F Each Party hereto agrees to save hold harmless and indemnify all other Parties and the respective Party s officers agents employees and volunteer workers against any and all claims losses damages or law suits for damages arising from allegedly arising from or related to the provisions of services hereunder and further each Party agrees to defend at its own sole cost and expense any action for proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the provision of services hereunder It is hereby understood and agreed that any and all employees of the respective Parties and all other persons employed by the respective Parties in the performance of the provisions of services hereunder shall not be considered employees of any of the other Parties hereto and that any and all claims that mayor might arise under the Worker s Compensation Act of the State of Minnesota on behalf of the employees of any of the Parties while so engaged and any and all claims made by third parties as a consequence of any act or omission on the part of any of the Parties employees while so engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of any of the other Parties hereto Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law Minnesota Statutes Chapter 466 and other applicable law govern the cities and counties liability Under no circumstances shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to anyone party The limits of liability for the parties may not be added together to determine the maximum amount of liability for a party G Pursuant to Minnesota Statute 16C 05 Subd 5 the County agrees that the Parties hereto 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 H During the performance of this Agreement the Parties agree to the following 147 Page 4 of 6 Transportation Study Agreement TH 5 Corridor Scoping 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 I It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter All items referred to in this Agreement are presumed to be incorporated or attached and are deemed to be part of this Agreement J Representatives for each of the parties to this Agreement are as listed below Party Representative Party Carver County Roger Gustafson County Engineer 11360 Hwy 212 West Suite 1 Cologne MN 55322 952 466 5200 Waconia SWCTC Robert Lindall Kennedy Graven 470 US Bank Plaza 200 South 6th Street Minneapolis MN 55402 612 337 9219 Victoria NYA Kreg Schmidt City Engineer Bolton Menk Inc 2638 Shadow Lane Suite 200 Chaska MN 55318 952 448 8838 Chanhassen K NONWAIVER SEVERABILITY APPLICABLE LAWS 1 Nonwaiver Representati ve Kreg Schmidt City Engineer Bolton Menk Inc 2638 Shadow Lane Suite 200 Chaska MN 55318 952 448 8838 Cara Geheren City Engineer TKDA Inc 1500 Piper Jaffray Plaza 444 Cedar Street St Paul MN 5510 1 651 292 4400 Paul Oehme City Engineer 7700 Market Blvd P O Box 147 Chanhassen MN 55317 952 227 1169 Nothing in this Agreement shall constitute a waiver by the County of any statute of limitations or exceptions on liability 148 Page 5 of 6 Transportation Study Agreement TH 5 Corridor Scoping 2 Severability If any part of this Agreement is rendered void invalid or unenforceable such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either party The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision 3 Applicable Laws The Laws of the State of Minnesota shall apply to this Agreement L Each party agrees that any modification of this agreement will be in writing and will be signed by the parties hereto M Each party understands this Project is scheduled to be completed in 2008 In the event the project is not started in 2007 this contract shall be reasonably extended IN TESTIMONY WHEREOF The parties hereto have caused these presents to be executed Southwest Corridor Transportation Coalition County of Carver Minnesota President SWCTC County Board Chair Date Date Attest SWCTC County Administrator Date Date Approved As To Form Approved As To Form SWCTC Attorney County Attorney Date Date 149 Page 6 of 6 Transportation Study Agreement TH 5 Corridor Scoping City of Norwood Young America Minnesota Mayor City of Norwood Young America Date Attest City Administrator Date Approved As To Form City Attorney Date City of Victoria Minnesota Mayor City of Victoria Date Attest City Administrator Date Approved As To Form City Attorney Date City of Waconia Minnesota Mayor City of Waconia Date City Administrator Date Approved As To Form City Attorney Date City of Chanhassen Minnesota Mayor City of Chanhassen Date City Administrator Date Approved As To Form City Attorney Date 150 1 Capital Improvement Program City of Chanhassen MN 2007 thru 2011 Contact Department Street Improvements Type Unassigned Useful Life Category Unassigned Priority nla Project ST 019 Project Name TH 5 Corridor Study TH 41 to TH 212 Account 1 4150000 4300 Account 3 Account 2 Total Project Cost 10 000 Description This is a joint project between Carver County MnDot and the cities along the corridor to plan for future improvements Justification I This study is the first step in preliminary design and scoping to plan for improvements to the corridor The city s portion of the project will be used for the segment between TH 41 and the west city limits Expenditures PlanninglDesign 2007 10 000 Total 10 000 2008 2009 2010 2011 Total 10 000 10 000 Funding Sources MSA 2007 10 000 Total 10 000 2008 2009 2010 2011 Total 10 000 10 000 OperationallmpactJOther I 100 t 151 B1 J U1 n0 a0 III n0C Q I II II tII J I tI 1 I l 0 I tI I III j iI I IIII tI I I tI I tI I tI I 1I I I I I I I I nc 11l iI n0c I I a 0 OClnnC l6 0 0 0 0 1 cc1 n l ll l l J I 0 z l 9 0l lJ Q C 0 J 0 0 1 0 1 1 0 3 3 B 0 31 I a 3 0 CD lroOz J200 1 g 0l I I I I I I I I I I I 0 o J o 0 o co o o o 4 Qo iP l 8t1 m o C o o1 Cl Cl n o co 1 0 l l m 0 nol o 3 n Qo m l S ol 31l o Clo 0 l 0 I I I I l o 01 0o v I l 0 I I I I I Ln o tC III iIiIII 11 o w o tv o o n oJ iP goo cO 1 l 0 m f3 Zo Cl 1 3 J 1 2 1 o iP o CD 1 1 9 0 o 0 l 3 1 l 0mo C x C tn CD 3 nO o JO 6 g0 1 o Qo g z 11 0 oo o nQ iD o1 I I I I I I 0 21G o l o 01 31l I I I lD III lJ o CD to j J CD 0 c CD o l r 152 I uoo5oI IIm co I c c 5 0 o c 0 8 r o U T m 1 1 C i 0 f I il u I @l 0 r I U V 11 I m 0 J N 0 to 3 co c f 0 m C C C CIY m I m m f C J 0 0 0 m co 0 C C Q I I lib I t J J 13 c 0 r C 0 0 0 m J J ro ro c I0Il I I f Q 0 i 0 I J 0 0 m c I 0 c o 0 c 0 i I I 2 c 0 Q T5 9 I G I m C C I e I I I c I 0 m m J t Ii 0 0 0 2 0 JI if ng I D i L J rJlrJlctlUctll0 C 0l cQ LLQ 0QJ LL m m I I C m 0 0 C C t u t I 0 0 m I I 0 0 0 0 0 C C I I 0 0 c 2 2 c C m 0 ro 2 2 I I I t IlJ 01 II c II I r T C q I r c5oQ0 Y l 1 rL r r o 8 0J It t 1 T 0Coo N 0 gM 5 r a 8 L li IIpT J II jcU3 j Co CQE rojo E I C C E 005 c Q c JJ 8 25 co Q m 8 e locCo C 2 Q 0 Q 6 f m 0 j Uo o I 8 Q j 0 0 om j tfo 3 Q c LO g L Q 12 r ororo O l D o f OJDf cQEOJI llr oEGlCl rGl C1lC1lGl I 1 q 8 r TM U T rr II II II II II II II ia 0 a V c 0N 1 z 0C0 fJ CD ro Q2 m C0 IceN 0J 9 0c t 0 0 LL HI0Oq 4 0m cl m 0 0 I V m 0 Ql J cr cv cocQOJ 0OlocJ Q f E M fI iiI t J C1l Gl i Gl C1l OJ I un i jiiiIi i l o 1 I 5V 0 ii I r 51 0 h 8 a 0Ql06Tco 11 IIouIIIoCovItrI u z Z 0Vl0 J0C 0lJ Cz u foJJ Vl UlZ0 0Cl U j II fI g 153 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 2271110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Todd Gerhardt City Manager V Paul Oehme Dir of Public Works City EngineerFROM DATE September 24 2007 9 SUB Approve Street Name Change of Great Plains Boulevard Old 101 from Lake Susan Drive North to Future Cul de Sac to Waters Edge Drive 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 Waters Edge Drive BACKGROUND The 212 312 project included moving and realigning 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 preferred for staff to review 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 Waters Edge Drive 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 10 1 north of Lake Susan Drive to the future Cul de sac to Waters Edge Drive Attachments 1 Ordinance Amendment 2 Location Map c Mark Littfin Fire Marshal Jerry Mohn Building Official Pete Anderley Carver County Sherriffs Dept The City of Chanhassen A growing community with clean lakes quality schools a chamning downtown thriving businesses winding trails and beautiful parks A great place to live work and play g eng public 2004 projects 04 06 101 gap bkgd 092407 appv str name change rev doc 154 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE CHANGING A STREET NAME THE CITY COUNCilOFTHE CITY OF CHANHASSEN MINNESOTA ORDAINS SECTION 1 The street name Great Plains Boulevard old 101from Lake Susan Drive north to future Cul de Sac is changed to Waters Edge Drive 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 ATTEST Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 2007 155 September 2007 G ENGpubl icL2004 Projects 04 06 101 gap Wa tersEdgeDr mxd156 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us 1 MEMORANDUM TO Todd Gerhardt City Manager FROM Bob Generous Senior Planner DATE September 24 2007 Planning Case 07 16 O KlingelhutzlWert Interim Use Permit SUBJ EXECUTIVE SUMMARY The applicants who are property owners of adjacent parcels are requesting an interim use permit to bring approximately 46 000 cubic yards of fill to the site ACTION REQUIRED City Council approval requires a majority of City Council present PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on September 18 2007 The Planning Commission voted 4 to 0 to approve a motion recommending approval of the Interim Use Permit There were no issues or concerns expressed regarding the proposal The Planning Commission minutes are item la of the September 24 2007 City Council agenda RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion as specified on pages 4 5 in the staff report dated September 18 2007 approving the Interim Use Permit to allow filling and grading on the site ATTACHMENT Planning Commission Staff Report Dated September 18 2007 g plan2007 planning cases 07 l6 klingelhutz iup executive summary doc The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play157 z u 00 PC DATE 09 18 07 ITCCDATE92407 CITY OF CHANHASSEN REVIEW DEADLINE October 20 2007 CASE 07 16 BY RG STAFF REPORT PROPOSAL Request for an Interim Use Permit to import approximately 46 000 cubic yards offill on properties to raise the site grade relative to adjacent right of way LOCATION 8601 Great Plains Boulevard and 760 Lake Susan Drive APPLICANT Neil Klingelhutz 9731 Meadowlark Lane Chanhassen MN 55317 612 685 5580 Jacob Wert Gateway Development LLC c o The Shelard Group 6385 Old Shady Oak Road Suite 230 Eden Prairie MN 55344 952 215 3707 PRESENT ZONING Single Family Residential RSF and Planned Unit Development Residential PUD R 2020 LAND USE PLAN Residential Low and Medium Density and Mixed Use ACREAGE 8 1 acres DENSITY Not Applicable SUMMARY OF REQUEST The developer is proposing bringing approximately 46 000 cubic yards of fill to the site in preparation of the future development of the properties LEVEL OF CITY DISCRETION IN DECISION MAKING The City has limited discretion in approving or denying interim use permits based on whether or not the proposal meets the use standards outlined in the Zoning Ordinance Ifthe City finds that all the applicable use standards are met the permit must be approved This is a quasi judicial decision CCAtItlED 158 Location Map Klingelhutz Interim Use Permit 8601 Great Plains Boulevard Planning Case 07 16 City of Chanhassen Lake Susan 0 XS Xi eOosR 0 ro o 0 c c 5 o 159 Klingelhutz Interim Use Permit Planning Case 07 16 September 18 2007 Page 2 of5 PROPOSAL SUMMARY The applicants who are property owners of adjacent properties are requesting an interim use permit to bring approximately 46 000 cubic yards of fill to the site This property is surrounded on all sides byroads New TH 101 Lake Susan Drive and Waters Edge Drive old Highway 101 A telephone transfer station building is located in the southwest comer ofthe site The farmstead is located in the northwest comer ofthe site A black walnut woods is located in the north central portion of the site A partial windbreak is located to the south ofthe farmstead The proposed grading will eliminate the trees in the windbreak The high point on the property is located in the northeastern portion ofthe site with an elevation of920 The low point on the property is located in the southeast comer ofthe site where a48 inch culvert outlets water from the site to the east under TH 101 This southeast comer ofthe property is approximately 20 feet lower than the intersection ofTH 101 and Lake Susan Drive There is an existing house two accessory structures and a gravel drive on the site all ofwhich will remain at the completion of site grading Approximately 50 percent of the site is farmed or grassland The site will be left in a condition that will be used for crops in the short term and facilitate development in the future Staffis recommending approval of the interim use permit subject to the conditions ofthe staff report APPLICABLE REGUATIONS Chapter 7 Article III Excavating Mining Filling and Grading Chapter 20 Article N Division 2 Conditional Use Permits Chapter 20 Article IV Division 5 Interim Use Permits BACKGROUND Summer 2007 Minnesota Department of Transportation completes the construction ofthe adjacent roadways realigned Trunk Highway 101 and Lake Susan Drive altering surrounding grades On April 1 0 2006 the Chanhassen City Council approved the final plat for Planning Case 06 05 for Chanhassen Gateway North creating three lots and two outlots On February 27 2006 the City Council approved the following Preliminary plat for Planning Case 06 05 for Gateway North Site plan with avariance for the reduction of nine enclosed parking spaces for Planning Case 06 05 for Chanhassen Gateway Place On June 27 2005 the City Council approved rezoning the property located at the northwest intersection ofthe future alignment of Highways 101 and 212 with an approximate area of24 160 Klingelhutz Interim Use Pennit Planning Case 07 16 September 18 2007 Page 3 of5 acres from Residential Single Family to Planned Unit Development Mixed Use incorporating design standards GRADING DRAINAGE AND EROSION CONTROL The site currently has two drainage areas Approximately 90 percent ofthe site drains through a 48 inch culvert installed by the Minnesota Department of Transportation during the construction of Trunk Highway 101 The remaining 10 percent of the drainage is directed towards the northeast property line The proposed grading plan does not change the drainage areas Drainage calculations were not provided or required with this submittal The reason for not requiring drainage calculations is because the drainage areas and impervious surface is unchanged Most of the significant trees on the site will be saved The black walnut woods will remain after grading completion Approximately twelve trees will be removed near the middle of the site The trees that will be removed are primarily box elder and poplar Some trees near the US West Telephone property were not shown on the plans These trees will need to be shown on the existing conditions plan and the proposed grading plan to determine which trees will be saved The trees near the US West Telephone building should be preserved for building screening Most ofthe fill is proposed near the center ofthe property Up to 10 feet of fill will be placed in some areas No fill will be placed near the buildings or in the black walnut woods A temporary stockpile ofblack dirt is shown near the northeast comer of the site This area will need to be graded back to existing conditions upon completion Erosion control must be maintained at all times The applicant will be required to keep the streets clean and free of debris All exposed soil areas shall have temporary erosion protection or permanent cover year round according to the following table of slopes and timeframes T e of Slo e Time Steeper than 3 1 7 days 10 1 to 3 1 14 days Flatter than 10 1 21 days Maximum time an area can remain open when the area is not actively being worked A 5 000 escrow to guarantee restoration and erosion control measures will be required with the permit The hauling operation is anticipated to begin as soon as permit approval is obtained Permitted hours of operation will be 7 00 a m to 6 00 p m Monday through Friday and 9 00 a m to 5 00 p m on Saturday with no work permitted on Sundays or legal holidays Staff will require that the applicant provide a proposed haul route for review and approval An interim use permit expires one year from the date of approval from the City Council The permit may be renewed on an annual basis subject to City Council approval The applicant will need to request a formal extension 45 days prior to the expiration date 161 Klingelhutz Interim Use Permit Planning Case 07 16 September 18 2007 Page 4 of 5 A temporary construction easement is required for the grading on the US West Telephone property Ground ie non paved surface grades shall not be less than 2 MISCELLANEOUS A demolition permit is required for the removal of any structure s If future construction in this area is anticipated these soils must be engineered for the intended structural loads and their placement must be properly compacted and tested as required by such soil engineering A report verifying placement compaction and soil suitability from the testing agency will be required before building permits will be issued RECOMMENDATION Staff recommends that the City Council PhuuliRg Csm m issisR adopt the following motion and adoption of the attached findings of fact and recommendation The Chanhassen PlaRRiRg Csm m issisR fl lsmm m8s that City Council approves an Interim Use Permit to permit up to 46 000 cubic yards of fill plans prepared by Allen R Hastings dated August 13 2007 revised August 21 2007 subject to the following conditions 1 A demolition permit is required for the removal of any structure s 2 If future construction in this area is anticipated these soils must be engineered for the intended structural loads and their placement must be properly compacted and tested as required by such soil engineering A report verifying placement compaction and soil suitability from the testing agency will be required before building permits will be issued 3 Show the trees for the US West Telephone property in the existing conditions and the proposed grading plan Preserve as many trees as possible in this area to provide screening for the building 4 Install tree protection fencing around all trees to be saved on site 5 Tree protection fencing and erosion control fencing must be installed and inspected by the City prior to beginning site grading 6 Silt fence must be added around the outer limits of the temporary topsoil stockpile This area must be regraded to the elevations shown on the proposed grading plan Streets must be kept clean and free of debris at all times Erosion control blanket shall be installed on all slopes greater than or equal to 3 1 All exposed soil areas shall have temporary erosion protection or permanent cover year round according to the following table of slopes and timeframes 162 Klingelhutz Interim Use Permit Planning Case 07 16 September 18 2007 Page 5 of5 Type of Slope Steeper than 3 1 10 1 to 3 1 Flatter than 1 0 1 Time 7 days 14 days 21 days Maximum time an area can remain open when the area is not actively being worked 7 The applicant shall provide the City with a cash escrow in the amount of 5000 00 to guarantee erosion control measures site restoration and compliance with the interim use permit 8 Permitted hours of operation will be 7 00 a m to 6 00 p m Monday through Friday and 9 00 a m to 5 00 p m on Saturday with no work permitted on Sunday or legal holidays 9 The applicant must provide a proposed haul route for review and approval 10 An interim use permit expires one year from the date of approval from the City Council The permit may be renewed on an annual basis subject to City Council approval The applicant will need to request a formal extension 45 days prior to the expiration date 11 A temporary construction easement is required for the grading on the US West Telephone property 12 All permits must be secured prior to commencement This includes a drainage permit from the Minnesota Department of Transportation awatershed district permit and a Minnesota Pollution Control NPDES stormwater permit A stormwater pollution prevention plan must be submitted to the City for review by Carver SOil and Water Conservation District 13 Changes are needed to the grading plan The elevations 906 and 908 that are shown in the black walnut woods in the existing conditions must remain in the grading plan Change the grading in this area to allow the water to exit the comer of the woods The swale for the drainage around the US West Telephone property should be moved to the center ofthe lot line 14 An as built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan ATTACHMENTS 1 Findings of Fact and Recommendation 2 Development Review Application 3 Reduced Copy Existing Conditions dated August 17 2007 4 Reduced Copy Grading Plan dated Revised August 21 2007 5 Letter from Robert C Obermeyer to Gary Zajac dated June 6 2007 6 Letter from William Goff dated September 11 2007 7 Affidavit of Mailing Notice g plan2007 planning cases 07 16 k1ingelhutz iupstaff report k1ingelhutz gateway doc 163 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE Application of Neil Klingelhutz and Gateway Development LLC for an Interim Use Permit to bring approximately 46 000 cubic yards of fill to the site On September 18 2007 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Neil Klingelhutz and Gateway Development LLC for an interim use permit for the property located at 8601 Great Plains Boulevard and 760 Lake Susan Drive The Planning Commission conducted a public hearing on the proposed interim use was preceded by published and mailed notice The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following FINDINGS OF FACT 1 The property is currently zoned Single Family Residential RSF and Planned Unit Development Residential PUD R 2 The property is guided by the Land Use Plan for Residential Low and Medium Density and Mixed Use 3 The legal description of the property is Lot 1 Block 1 Gateway North Carver County Minnesota And Part of the NW 14 of the NW 14 of Section 24 Township 116 Range 23 Carver County Minnesota described as follows Commencing at the NW comer of the NW the NW comer of said Section 24 thence on an assumed bearing of South 89 degrees 19 minutes 43 seconds East along the North line of said NW 14 338 00 feet thence South 25 degrees 26 minutes 43 seconds East 128 38 feet to a point on the centerline of State Highway Number 101 said point being the point of beginning of the tract to be described thence westerly along said centerline along a non tangential curve that is concave to the north said curve having a central angle of 09 degrees 11 minutes 57 seconds a radius length of 621 15 feet an arc length of 99 73 feet a chord bearing of South 74 degrees 12 minutes 13 seconds West and a chord length of 99 62 feet thence South 79 degrees 38 minutes 53 seconds West along said centerline and tangent to last described curb 16344 feet thence southwesterly along said centerline along a tangential curve that is concave to the southeast said curve having a central angle of 19 degrees 36 minutes 53 seconds a radius length of 231 87 feet an arc length of 7938 feet thence continuing southwesterly along 1 164 said centerline along a compound curve that is concave to the southeast said curve have a central angle of 52 degrees 18 minutes 23 seconds a radius length of 127 6 feet an arc length of 11649 feet a chord bearing of South 33 degrees 34 minutes 37 seconds West a chord length of 11249 feet to the West line of said NW t4 thence south 00 degrees 01 minutes 33 seconds East along said centerline and along the West line of said NW 14 362 74 feet to the South line of the North 660 feet of the West Yz of the NW 14 of said Section 24 thence South 89 degrees 19 minutes 49 seconds East along said South line 430 13 feet to the westerly right of way line of Trunk Highway Number 312 thence northeasterly along said westerly right of way line along a non tangential curve that is concave to the southeast said curve having a central angle of 11 degrees 42 minutes 56 seconds a radius length of 350 00 feet an arc length of 71 57 feet a chord bearing of North 64 degrees 07 minutes 43 seconds East a chord length of 71 44 feet thence North 16 degrees 17 minutes 03 seconds East along said westerly right of way line and not tangent to last described curve 360 83 feet thence northerly along said westerly right of way line along a non tangential curve that is concave to the east said curve having a central angle of 17 degrees 30 minutes 47 seconds a radi us length of 98148 feet an arc length of 300 00 feet a chord bearing of North 20 degrees 48 minutes 18 seconds East a chord length of 298 83 feet to the North line of said NW 14 thence North 89 degrees 19 minutes 43 seconds West along said North line and not tangent to last described curve 118 28 feet the centerline of State Highway Number 101 thence southwesterly along said centerline along a non tangential curve that is concave to the northwest said curve having a central angle of 20 degrees 33 minutes 03 seconds a radius length of 621 15 feet an arc length of 222 79 feet a chord bearing of South 59 degrees 19 minutes 43 seconds West a chord length of 221 60 feet to the point of beginning This tract is subject to any and all easements of record 4 Interim Use Permit Findings a The proposed use will not be detrimental to the public health safety comfort convenience or general welfare of the neighborhood or the city b The proposed use will be consistent with the objectives of the city s comprehensive plan and the zoning code c The proposed use will be designed constructed operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area d The proposed use will not be hazardous or disturbing to existing or planned neighboring uses e The proposed use will be served adequately by essential public facilities and services including streets police and fire protection drainage structures refuse disposal water and sewer systems and schools or will be served adequately by 2 165 such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use f The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community g The proposed use will not involve uses activities processes materials equipment and conditions of operation that will be detrimental to any persons property or the general welfare because of excessive production of traffic noise smoke fumes glare odors rodents or trash subject to compliance with the conditions of approval h The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares 1 The proposed use will not result in the destruction loss or damage of solar access natural scenic or historic features of major significance J The proposed use will be aesthetically compatible with the area k The proposed use will not depreciate surrounding property values 1 The proposed use will meet standards prescribed for certain uses as provided in the City Code 5 The planning report 07 16 dated September 18 2007 prepared by Robert Generous et aI is incorporated herein RECOMMENDA TION The Planning Commission recommends that the City Council approve the interim use permit to permit the importation of up to 46 000 cubic yards of fill ADOPTED by the Chanhassen Planning Commission this 18th day of September 2007 CHANHASSEN PLANNING COMMISSION BY Its Chairman 3 166 Planning Case No Ot 1 CITY OF CHANHASSEN 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION JUL 062007 Contact Phone Email Fax PLEASE PRINT Applicant Name and Address NOTE Consultation with City staff is required prior to submittal including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit CUP L Interim Use Permit IUP Vacation of Right of Way Easements VAC Variance VAR Non conforming Use Permit Wetland Alteration Permit WAP Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign 200 City to install and remove Site Plan Review SPR X Escrow for Filing Fees Attorney Cost 50 CUP SPRlVACNARlWAP Metes Bounds 450 Minor SUB TOTAL FEESubdivision An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing Sixteen 16 full size folded copies of the plans must be submitted including an 8 X 11 reduced copy for each plan sheet along with a digital copy in TIFF Group 4 tif format Escrow will be required for other applications through the development contract Building material samples must be submitted with site plan reviews NOTE When multiple applications are processed the appropriate fee shall be charged for each application 167 PROJECT NAME LOCATION LEGAL DESCRIPTION IleO TOTAL ACREAGE I n fY 33 Lo B lod DrVL Nc k WETLANDS PRESENT YES NO PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTEO LAND USE DESIGNATION REASON FOR REQUEST See t Y 5e l tw z u ppkeo A 6n This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions Before filing this application you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application I have attached a copy of proof of ownership either copy of Owner s Duplicate Certificate of Title Abstract of Title or purchase agreement or I am the authorized person to make this application and the fee owner has also signed this application I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be charged for consulting fees feasibility studies etc with an estimate prior to anyauthorizationtoproceedwiththestudyThedocumentsandinformationIhavesubmittedaretrueandcorrecttothebestof my knowledge 4 to Of Date Signature of Fee Owner Date G pLANforms Development Review Application DOC Rev 1205 168 Planning Case No 01 10 CITY OF CHANHASSEN 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 CITY OF CHANHASSENRECEIVED DEVELOPMENT REVIEW APPLICATION MAY2 2 2007 Contact Phone Email YlS 0 Fa mt NCJl PLEASE PRINT Applicant Name and Address t NOTE Consultation with City staff is reauired prior to submittal including review of developmentplans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit CUP Interim Use Permit IUP EJq Z Vacation of Right of WaylEasements VAC Variance VAR Nonconforming Use Permit Wetland Alteration Permit WAP Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review 1 Notification Sign City to install and X E YI for Filing FeesAttorney Cost UP SPRNACNARlWAPlMetes Bounds 450 Minor SUB TOTAL FEE p 7 s E Site Plan Review SPR Subdivision An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicantpriortothepublichearing Sixteen 16 full size folded copies of the plans must be submitted including an 8 X 11 reduced copy for each plan sheet along with a diaital COpy in TIFF Group 4 tif format Escrow will be required for other applications through the development contract Building material samples must be submitted with site plan reviews NOTE When multiple applications are processed the appropriate fee shall be charged for each application CCArmD169 LOCATION J 1t LEGAL DESCRIPTION 6 55 11 TOTAL ACREAGE I LANDSPRESENT YES NO PRESENT ZONING 6 I REQUESTED ZONING f PRESENT LAND USE DESIGNATION h 1 1W 1 jM J REQUESTED LAND USE DESIGNATION S A Q REASON FOR REQUEST nL e tJA 6 D Q 0 Q SDtt t O hL f e 06 Q 0 CDf0 0 t It J io J Q W I Q t Q Ni Q 6 Q P N b fo e ct tb T D v 0 k p o I IS ew1l i l 6Thisapplicationmustbecompletedinfullandbetypewrittenor c1earfy printed and must be accompanied by all information and plans required by applicable City Ordinance provisions Before filing this application you should confer with the Planning Departmentto determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application This is to certify that I am making application for the desaibed action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application I have attached a copy of proof of ownership either copy of Owners Duplicate Certificate of litle Abstract of Title or purchase agreement or I am the authorized person to make this application and the fee owner has also signed this application I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be charged for consulting fees feasibility studies etc with an estimate prior to any authorization to proceed with the study The documents and information I have submitted are true and correct to the best of my knowledge f J Signature of Fee Owner 6 al Ilt pet Date G pLAN formsDevelopment Review Application DOC Rev 12105 reArIllED 170 r XIS liNG C CJ iTI j j S GRAOIlG STUDY i OR ECOhJ rARM PROPERTieS AIJIJ l Ob JJE TTarALAeri70fcQGs ROFAREA Q H kREs pecf A fA a C CF ES NST 0 22 nJ EfI J 3 if J LCR UNTCO cd Lj rc tp n D A PE u 0 1 Ij TfC h OO7 I roll clrtl Y tlllt t li dr vior orJ 1 l Q 1 plfJplrol c 1 1 01 1 1llor 1 dlroct 5llp 1 1 101 111 tlllt I 1m Lll Hlir tlnl l1rl orl1d r tto Li 1 of t10Stllaof 1l1nnl O 1 EX STIN rrCl RS r C ocn ucTFAl t J U 1 I T 1 nDS V Lf o TU Itv OlDNGl2 D 171007 A s V1I CITY OF CHANH L l cRECEIVEOoonJil f 1l0r o 92 15 102 HTh Wo POtI GRI OE AfJ1 lot o SLOPOSJ LIVJ uSM 1 J 0 llJ1 ll 4 VWt 1 0 tal Olt 101 IP E r Q 5mrlril Fps OWDER NoTE NDTE 101 0 IH BOlailRY lR Sll S1 bt S 3lE t Slt P 0 iORJC Dr FD 6 21 ZODlOTENDIITLOINIDNfLlPJSHED10DPrTF AUG 1 1 Z007 CHANHASSEN PLANNING DEP1 teAtltlED 171 GRADING PLI lJ FOt NECON FARN PRO PE RT ES AJo dAtoS WERT Sea Ie1 i ndl50teet o D j q z 0 i V 2 lID llElo lC Stllb 14tU L DelOTF PIZOlbSIZD F fl SfJlOO tll Dul1S I I t1H OE 1l0n LT f8Jc ctxfu llE Ic ES f141 OrIts C ll 1I Dou l Wil HANH ASS DE o FIlXEt fflA 1 CITYOFCRECEIVED AUG212007 CHANHASSEN PLANN1 GDEPT I f ewt1tn thl W1ac d t GliIftl PLAJI rw 0 w 1aift 1t thlft I as Lt o LaMI Surv 101 ttw s o t tb st QU i AU Iuol I 1U1lJ ebUllO uoot au l A I ui 1Shallo01Jl1g NcrrE liJSTM I DtrcelECK Lllc lEX t4 ot IO CIfA ijEL DMto ucT lllCOl RE J i 6tl 1il G U 2 I 2 001 E D 7oYr eOPf Ct YA12 l S ls4 JJ 40 tJW oJh 0 OM Aliit4 fYLL R U Q E f aSS OF NPOts p IT f u j 7 1 CiCAtltlED 172 Riley Purgatory Bluff Creek Watershed District Web Site httpllwww rileypurgatorybluffcreek org Legal Advisor Krebsbach and Haik LId 225 South Sixth Street Suite 4320 Minneapolis MN 55402 612333 7400 Fax 612 333 6959 Engineering Advisor Barr Engineering 4700 West 77th Street Minneapolis MN 55435 952 832 2600 Fax 952 832 2601 June 6 2007 Mr Gary Zajac S M Hentges Sons 650 Quaker Avenue P O Box 69 Jordan MN 55352 RECEIVED JUN 1 3 2007 CITY OF CHANHASSEN Re Permit 2007 18 Grading on Al KlingelhutzProperty Chanhassen Dear Mr Zajac The Board of Managers of the Riley Purgatory BluffCreek Watershed District has reviewed the plans and grading and land alteration permit application as submitted to the District for grading on the Klingelhutz property in conjunction with the T H 212 project in Chanhassen The Managers approve ofthe grading and land alteration permit subject to the following conditions 1 All conditions as outlined in the attached General Provisions are applicable If you have any questions regarding the conditions of the District s permit please call us at 952 832 2600 Approved by the Board of Managers PURG T Y BLUFF CREEK WATERSHED DISTRICT President c Paul Haik Erin Ahola Lori Haakv ODMAPCDOCS DOCS248224 1 7 07I Board of Managers Howard Peterson James Landini Kenneth Wencl Michael Casanova Erin Ahola 173 Permit Project Name Approval Date 2007 18 GradinQ on AI KlinQelhutz Property Chanhassen June 6 2007 General Provisions 1 All erosion control measures shown on the plans must be installed prior to commencement ofgrading operations and be maintained until all areas altered on the site have been restored Ifsilt fence is used the bottom flap must be buried and the maximum allowable spacing between posts is 4 foot on center All posts must be either 2 x 2 pine hardwood or steel fence posts If hay bales are used all bales must be staked in place and reinforced on the downstream side with snow fence The silt fence must be orange in color which will be more evident and easier to locate for removal at the completion ofthe project 2 All areas altered because ofconstruction must be restored with seed and disced mulch sod wood fiber blanket or be hard surfaced within two weeks from the completion of construction or no later than October I 2007 3 Upon completion of construction and restoration of areas disturbed the permit applicant is responsible for the removal of all erosion control measures installed throughout the site 4 Street sweeping must be undertaken and completed on an as needed basis 5 At the entryway onto the site a rock filter dike being a minimum of2 feet in height and having maximum side slopes of 4 1 must be constructed This rock filter dike will enable construction traffic to enter the site and also provide an erosion control facility 6 The District must be notified in writing a minimum of 48 hours prior to commencement of construction Upon receipt of this notification a field inspection ofthe project site by the District s engineer will be undertaken to ensure that all erosion control measures have been properly installed Construction cannot commence until this field inspection has been completed 7 Upon completion ofthe project the permit applicant is required to complete and submit the middle portion of the attached permit indicating that t e project has been completed Upon receipt ofthis application a field inspection ofthe site by the District s engineering advisor will be undertaken to ensure that all areas have been properly restored and that all erosion control measures throughout the project site have been removed 8 The Riley Purgatory BluffCreek Watershed District RPBCWD its officers employees and agents review comment upon and approve plans and specifications prepared by permit applicants and their consultants for the limited administrative purpose of determining whether there is reasonable assurance that the proposed project will comply with the regulations and criteria ofthe RPBCWD and other state and federal agencies The determination of the RPBCWD that issuance ofthis permit is appropriate was made in reliance on the information provided by the applicant ODMA PCDOCSDOCS 248224 1 174 9 The grant of this permit shall not in any way relieve the permittee its engineer or other professional consultants of responsibility nor shall it make the RPBCWD responsible for the technical adequacy of the engineer s or consultant s work The grant of this permit shall not relieve the permittee from complying with all conditions and requirements ofthe permit which shall be retained by the permittee with the permit I 10 The issuance ofthis permit does not convey any property rights in either real or personal property or any exclusive privileges nor does it authorize any injury to private property or any invasion of personal rights nor ariy infringement of federal state or local laws or regulations II This permit is permissive only No liability shall be imposed upon the RPBCWD or any of its officers agents or employees officially or personally on account of the granting ofthis permit or on account of any damage to any person or property resulting from any act or omission ofthe permittee or any of its agents employees or contractors 12 In all cases where the doing by the permittee ofanything authorized by this permit shall involve the taking using or damaging of any property rights or interests of any other person or Rersons or o any publicly owned lands or improvements or interests the permittee before proceeding therewith shall obtain the written consent of all persons agencies or authorities concerned and shall acquire all necessary property rights and interest 13 This permit is not transferable The permittee shall make no changes without written permission previously obtained from the RPBCWD in the dimensions capacity or location ofany items of work authorized by this permit 14 The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the RPBCWD for inspection ofthe work authorized by this permit 15 This permit may be terminated by the RPBCWD at any time deemed necessary in the interest of public health and welfare or for violation of any ofthe provisions of this permit unless otherwise provided in the special provisions 16 Construction work authorized under this permit shall be completed on or before date specified above The permittee may in writing request that the RPBCWD extend the time to complete the project and shall state the reason for any requested extension 17 Ifdewatering is required and sump pumps are used all pumped water must be discharged through an erosion control facility prior to leaving the construction site Proper energy dissipation must be provided at the outlet of the pump system ODMA PCDOCSDOCS 248224 1 2 175 1 NEISO 1oli 1 4 OF p Minnesota Department of Transportation Metropolitan District Waters Edge 1500 West County Road B 2 Roseville MN 55113 3174 RECE VED SEP 1 2 2007 CITY OF CHANHASSEN September 11 2007 Mr Robert Generous City ofChanhassen P O Box 147 Chanhassen MN 55317 SUBJECT Klingelhutz Fill Permit MnDOT Review S 07 087 East side ofTH 101 north of new TH 312 City of ChanhassenlCarver County Control Section 1009 Dear Mr Generous Thank you for the opportunity to review the above referenced sketch plan We look forward to seeing the site plan when it is completed MnlDOT has the following preliminary comments Water Resources A drainage permit is required Roadway inslopes cannot be any steeper than currently constructed The proposed construction will need to maintain existing drainage rates to MnlDOT right of way The following item has already been provided to MnlDOT 1 A Grading Plan of the existing proposed project dated August 17 2007 and revised August 21 2007 Hydrologic and hydraulic computations modeling before and after proposed reconstructions ie Hydro CAD input assumptions calibration data results for 10 50 and 100 year storm events are not needed at this time since the plan is only to bring the site up to surrounding grade without changing the drainage areas or property use Please direct questions concerning these issues to Keri Aufdencamp MnlDOT s Highway 212 DesignlBuild Section at 952 368 683 Jfthe plans dated August 17 2007 and revised August 21 2007 change please send the revised information to Keri Aufdencamp Charles Cadenhead Highway 212 DesignlBuild Project MnlDOT Metro District 312 Lake Hazeltine Drive Suite 100 Chaska MN 55318 Permits As previously stated a drainage permit is required Any use of or work within or affecting MnlDOT right of way requires a permit Permit forms are available from MnDOT s utility website at www dotstate mn us tecsup utilitv Please include one 11 x 17 plan set and one full size plan set with each permit application Please direct any questions regarding permit requirements to Buck Craig MnDOT s Metro Permits Section at 651 234 7911 An equal opportunity employer 176 As a reminder please address all initial future correspondence for development activity such as plats and site plans to Development Reviews MnDOT Metro Division Waters Edge 1500 West County Road B 2 Roseville Minnesota 55113 MnDOT document submittal guidelines require three 3 complete copies of plats and two 2 copies of other review documents including site plans Failure to provide three 3 copies of a plat andor two 2 copies ofother review documents will make a submittal incomplete and delay MnDOT s 30 day review and response process to development proposals We appreciate your anticipated cooperation in providing the necessary number of copies as this will prevent us from having to delay andor return incomplete submittals If you have any questions concerning this review please feel free to contact me at 651 234 7797 Sincerely 1 Intermediate Planner Copy Roger Gustafson Carver County Engineer Cologne MN Copy sent via Groupwise Cindy Carlsson Derek Beauduy Dale Matti Merlin Kent Victoria Nill KeriAufdencamp Jeff Dierberger E Buck Craig Tod Sherman Ann Braden Metropolitan Council File Copy MnDOT Division File CS 1009 MnDOT LGL File City ofChanhassen Carver County MN 177 Roger Gustafson Carver County Engineer 11360 Highway 212 West Suite 1 Cologne MN 55322 178 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA ss COUNTY OF CARVER I Karen J Engelhardt being first duly sworn on oath deposes that she is and was on September 6 2007 the duly qualified and acting Deputy Clerk of the City of Chanhassen Minnesota that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Klingelhutz Interim Use Permit Planning Case 07 16 to the persons named on attached Exhibit A by enclosing a copy of said notice in an envelope addressed to such owner and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer Carver County Minnesota and by other appropriate records Subscribed and sworn to before me this fhctay of s PpMbt r 2007 T nA4o Notary P r 179 0 ro aam en enggroigg2cagmm033i28g3oimQ5enorg6100ggo E 0 r Q r enr en a Dl 0 J OOroDl 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coenoJlllI11 Ol 0 0 III en I 3oODcooencoco 3 J aO CO1a5lll0JI0 co 3 en 3 S 0 en co r co III I mco Sl 0 10 0 3 j rCllOlllOJ III cOl ro g o en 3 c c co enOl co en g a Q 00 2 S 0 Cll 0 a r rill 1 I I Ol 1 0 0 5 en JJ N o III III C 0 0 J 0 00 co g O 5 o COco lllJ lllCg3coaaa03enenO J co 0 0 en coco cocoSllllacoCO200enIIIcocSIIICOSlCO co O en CO lllc en00co0III0 a oJ c c co 0 0 en CD co J co en cocooo CO co g 0 J lll a g CO re0III00033prScoggcoSCO CO J en CO co 0 00COoenc 00 ro 603c000JOenJ0 3 coo co30 00 3enaJJ 0 co 0 5Qc 00 ggj00 en lllQ5enJCOOJenJococo r CJ Cr goo g III 0 0 III g neng I 2 I t l CXl 000o III e G 0Ico 3a cn o I en OJio c j III lll enlll lllc lll 0 010 iii Illl07ecolloo c en III CO g l Ir t Cl Illlco mill J c J III co 3 III J r CJ Cr 0 0 n 0 0 n lllO 0 Olgggg I I I l CXl 0 00o III 5 0ICO 3a iii o I en OJio c j lP3 en lll lll c lll 01 0 1 0iii Illl 07eco m c en III o CO C III I R I 3 o I Q J T Q Ul z J 0 0 Q CD J 0J J UJC 02 o 3 0 3if ij i OUJ J s CD CD J UJ C Ol I R I 3 I o I Ol J I Ol Ul Ul CDZJ0 B Ol CD J 0 J UJc 02 o 3 0 3if ij 5OUJJ s CD CD J UJ 180 Lake JSa1 0 Disclaimer This map is neither a legally recorded map nor a survey and isnot intended to be used as one This map isacompilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and is to be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracldng orany other purpose requiring exacting measurement of distance ordirection or precision in the depiction of geographic features If errorsor discrepancies are found please contact 952 227 1107 The preceding disdaimer isprovided pursuant to Minnesota Statutes 66 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expressly waives all daims and agrees to defend indemnify and hold harmless the City from any and all daims brought by User its employees or agents orthird parties which arise out of the use s access oruseof data provided LakeJSa1 Disclaimer This map is neither a legally recorded map nor asurvey and is not intended to be used as one This map isacompilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and isto be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracldng or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features If errorsor discrepancies are found please contact 952 227 1107 The preceding disclaimer isprovided pursuant to Minnesota Statutes 66 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expressly waives all daims and agrees to defend indemnify and hold harmless the City from any and all daims brought by User its employees or agents orthird parties which arise out of the use s access or useof data provided 181 PHILLIP G SURA SUSAN ROEN SURA 8524 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 MICHAEL KROSS 8522 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 STEVEN J KIRSTEN STROMSNESS 8526 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 STEVEN A COLLEEN M SAPP 8669 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9651 SCOTT E JANICE A SCHUTTER 8691 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9651 CHRISTOPHER T AIMEE J ADAMS 8690 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9650 GREGG R GERALDINE BARETTE 8695 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9651 JUDSON E JILL C SNELL 8694 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9650 MICHAEL MELISSA ROHRMOSER 8698 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9650 R STEVEN MAURA BARNETT 8709 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 8333 MICHAEL B CATHERINE ANDERSON 8709 MARY JANE CIR CHANHASSEN MN 55317 9646 BRIAN W KRISTIN A HOULE 880 LAKE SUSAN DR CHANHASSEN MN 55317 9648 RUSSELL G BAHENSKY 8552 CHANHASSEN HILLS DR S CHANHASSEN MN 55317 8108 JORDAN ANGELA LEMM 861 LAKE SUSAN DR CHANHASSEN MN 55317 9649 TROY JENNIFER HOLASEK 8556 CHANHASSEN HILLS DR S CHANHASSEN MN 55317 8108 MARK S TRACY L KURVERS 8560 CHANHASSEN HILLS DR S CHANHASSEN MN 55317 8108 JOHN F SHIRLEY M ROBINSON TRUSTEES OF S M ROBINSON TRUST 8502 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 WALTER MARIAN T PAULSON 8528 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 THOMAS H LINDA M HOUSTON 8520 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 JOHN S BARBARA A JACOBY 8516 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 JUDITH A STEPHEN C SLACK TRUSTEES OF JUDITH SLACK TRUST 8675 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9651 GREGORY J SUSAN L HENKEL 8699 MARY JANE CIR CHANHASSEN MN 55317 9646 DAVID S JANICE A LUNDQUIST 8705 MARY JANE CIR CHANHASSEN MN 55317 9646 JEFFERY A ROBERTS JENNIFER J PIETRZAK 8708 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9650 ABBA J TREGOBOV SUSANA P MACHADO TREGOBOV 8714 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9650 GEORGE W LESLIE GILMAN 8506 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 GARY R KAREN M SCHULTZ 8507 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 BRAD H CAROL M WILLMSEN 8510 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 LESLIE E TIDSTROM 8679 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9651 JEFFREY R SICHENDER SANDI M FORD SICHENDER 8508 GREAT PLAINS BLVD CHANHASSEN MN 55317 9749 182 AL MARY JANE KLlNGELHUTZ TRUSTEES OF TRUSTS 8600 GREAT PLAINS BLVD CHANHASSEN MN 55317 9763 JAMES JONATHON SOMMERS KAREN D ROGGE 8683 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9651 LISA K MOORE 8682 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9650 BRYAN J LISA C VAN NINGEN 8686 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9650 CHRISTOPHER DEBORA K HOL 8687 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9651 MICHAEL G MCNEIL KAREN L GREBIN 8695 MARY JANE CIR CHANHASSEN MN 55317 9646 NORMAN JACQUELINE ENGEL 8699 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9651 CHRISTOPHER ANGELA CROOK 8702 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9650 JAMES SARA BORNES 8715 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 8333 DANIEL M MELISSA L HERZOG 8790 LAKE SUSAN CT CHANHASSEN MN 55317 9656 STEVE J MARY A PANENO 8564 CHANHASSEN HILLS DR S CHANHASSEN MN 55317 8108 NORMAN C JR KIMBERLY GRANT 9021 LAKE RILEY BLVD CHANHASSEN MN 55317 8650 STATE OF MINNESOTA DOT 395 JOHN IRELAND BLVD 631 TRANSPORTATION BLDG ST PAUL MN 55155 1801 DENNIS H RUTH L LAUFENBURGER 8673 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 9651 TIMOTHY M DAVIS 8705 CHANHASSEN HILLS DR N CHANHASSEN MN 55317 8333 BARRY S MICHELLE KERVIN 8525 CHANHASSEN HILLS DR S CHANHASSEN MN 55317 8108 BENJAMIN R K DONNA M JOHNSON 8521 CHANHASSEN HILLS DR S CHANHASSEN MN 55317 8108 ERIC P STEPHANY K BARBER 8517 CHANHASSEN HILLS DR S CHANHASSEN MN 55317 8108 RONALD G JOYCE L HORR 8513 CHANHASSEN HILLS DR S CHANHASSEN MN 55317 8108 SOVANLY SUSAN YKUN UNG 8509 CHANHASSEN HILLS DR S CHANHASSEN MN 55317 8108 BRIAN LOUANN KLlNGELHUTZ NECON ENTERPRISES LLC 8860 COUNTY ROAD 10 E WACONIA MN 55387 9560 GATEWAY DEVELOPMENT LLC C O THE SHELARD GROUP 6385 OLD SHADY OAK RD 230 EDEN PRAIRIE MN 55344 7705 US WEST NEW VECTOR GROUP INC ATTN TAX DEPT MIS 624 PO BOX 7028 BEDMINSTER NJ 07921 7028 GATEWAY DEVELOPMENT LLC C O THE SHELARD GROUP 6385 OLD SHADY OAK RD 230 EDEN PRAIRIE MN 55344 7705 CHANHASSEN GATEWAY PLACE LLC PO BOX 10 ALBANY MN 56307 0010 183 PUBLIC HEARING NOTIFICATION AREA 500 FEET 860 1 GREAT PLAINS BOULEVARD 760 LAKE SUSAN DRIVE KLINGELHUTZ INTERIM USE PERMIT PLANNING CASE 2007 16 i I I J 184 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952 227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site WNW ci chan hassen mn us 1 MEMORANDUM TO Todd Gerhardt City Manager FROM Bob Generous Senior Planner DATE September 24 2007 o SUBJ Planning Case 07 21 Power Systems Expansion Site Plan Review EXECUTIVE SUMMARY The applicant Power Systems is requesting site plan approval for an approximately 12 300 square foot expansion to their building The building material and architecture will be the same as those approved in 1995 As required by City Code building expansions in excess of 10 percent of the existing building area must be approved by City Council ACTION REQUIRED City Council approval requires a majority of City Council present PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on September 18 2007 The Planning Commission voted 4 to 0 to approve a motion recommending approval of the building expansion The applicant was concerned about the buffer yard planting on the west side of the building The Planning Commission modified the conditions to have the applicant work with staff in developing the revised landscape plan The Planning Commission minutes are item la of the September 24 2007 City Council agenda RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion as specified on page 7 in the staff report dated September 18 2007 approving the expansion to the building ATTACHMENT Planning Commission Staff Report Dated September 18 2007 g plan2007 planning cases 07 21 power systems executive summary doc The City of Chanhassen A growing community with clean lakes quality schools a channing downtown thriving businesses winding trails and beautiful parks A great place to live work and play185 z u 00 PC DATE September 18 2007 CC DATE October 9 2007 CITY OF CHANHASSEN REVIEW DEADLINE October 16 2007 CASE 07 21 BY AF RG ML JM JS STAFF REPORT PROPOSAL Request for Site Plan Approval for 12 300 square foot expansion to a27 800 square foot building Power Systems LOCATION 8325 Commerce Drive Lot 4 Block 1 Chanhassen Business Center Second Addition ofsrAPPLICANTHarleyEBergren 8104 Highwood Drive Apt G 108 Bloomington MN 55438 Power Systems Attn David Thun or Tom Steinkamp 8325 Commerce Drive Chanhassen MN 55317 952 361 1800 PRESENT ZONING PUD Planned Unit Development light industrialoffice park 2020 LAND USE PLAN Office Industrial ACREAGE 2 68 acres DENSITY 034 F A R SUMMARY OF REQUEST The developer is proposing a 12 300 square foot expansion to their building LEVEL OF CITY DISCRETION IN DECISION MAKING The City s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements If it meets these standards the City must then approve the site plan This is a quasi judicial decision w Ii CAtltlED186 Location Map Power Systems 8325 Commerce Drive Planning Case 07 21 City of Chanhassen SUBJECT PROPERTY c o 0 l 0 l 187 Power Systems Planning Case 2007 21 September 18 2007 Page 2 of8 PROPOSAL SUMMARY The applicant Power Systems is requesting site plan approval for an approximately 12 300 square foot expansion to their building The building material and architecture will be the same as what was approved in 1995 To the north ofthe site is the Twin Cities and Western Railroad track Across the tracks on property zoned Industrial Office Park lOP is the Autobahn MotorPlex development The properties to the east south and west are properties within the Chanhassen Business Center East of the site is Chuck s Grinding South ofthe site is Commerce Drive and the Paulstarr Building West of the site is an office building used for research purposes The site waspreviously altered with the development ofthe subdivision and construction of the building One tree west ofthe building will be removed with the expansion Grading shall be limited to the expanded building pad and for the additional parking areas smPAH The proposed expansion continues the architecture and materials from the original approval Staff is recommending approval ofthe site plan subject to the conditions ofthe staff report APPLICABLE REGUATIONS Chapter 20 Article II Division 6 Site Plan Review Chanhassen Business Center Development Standards BACKGROUND On April 24 1995 the Chanhassen City Council approved SPR 95 5 for a 27 750 square foot office warehouse building for Power Systems and final plat approval for Chanhassen Business Center Second Addition creating seven lots and one outlot and the right of way for Commerce Drive On January 13 1992 the City Council approved the preliminary plat for the Chanhassen Business Center The PUD was amended on February 8 1993 to allow for a church as a permitted use and the final plat for phase I ofthe project was approved The Chanhassen Business Center is an industrial office park on 93 7 acres The original plat consisted of 12 lots and 2 outlots The ultimate development for this development was to have a total of 700 000 square feet of building area with a mix of20 office 25 industrial and 55 warehouse 188 Power Systems Planning Case 2007 21 September 18 2007 Page 3 of8 ACCESS The applicant proposes to construct a second entrance to the site approximately 25 feet from the east curb line ofthe north south segment of Commerce Drive Given the low traffic volumes on Commerce Drive and since the road is not a through street Staff recommends approval of the proposed access location on the condition that tractor trailer units must only use the eastern drive GRADING DRAINAGE AND EROSION CONTROL Minimal grading is required for the proposed expansion Based on the plan submitted the area being disturbed is less than one acre the applicant must verify this information If the area being disturbed exceeds one acre the applicant must obtain the necessary permits from the MPCA and the Watershed District Runoff from the building expansion and the new parking area on the south side will discharge to a private storm sewer system The private storm sewer will connect to the public storm sewer at the proposed driveway access The public storm sewer was designed to accommodate runoff from the entire site under fully developed conditions The applicant must ensure that the Engineering Department is contacted a minimum of 48 hours prior to connecting to the public storm sewer The applicant must submit a 1 000 00 escrow for the replacement grate over the public storm sewer at the new driveway The grading plan must be signed by a Professional Engineer licensed in the State of Minnesota UTILITIES Sanitary sewer and water service for the building expansion will be provided from the existing building The water service at the southwest end of the building proposed addition location must be relocatedrevised in such a manner that fire suppression water supply is not located under the proposed addition Ref NFP A 24 GENERAL SITE PLAN ARCHITECTURE The applicant is proposing a 12 300 square foot expansion to an existing 27 750 square foot building ARCHITECTURAL COMPLIANCE This property is zoned PUD light industrial office park The use of the PUD zone is to allow for more flexible design standards while creating ahigher quality and more sensitive proposal The development must comply with the Development Design Standards for Chanhassen Business Center 189 Power Systems Planning Case 2007 21 September 18 2007 Page 4 of8 Size Portion Placement The entry to the building was built as part of the first phase It consists of a recessed arched entryway The south elevation of the building consists of offices each with its own window Material and Detail The building is constructed ofuniformed ribbed concrete panels painted white The ribs are relieved by a two foot wide smooth band painted blue which is approximately three feet below the roof and a one foot wide smooth band below the roof flashing Color Building colors consist of white with a blue band Height and Roof Design The proposed addition continues the existing building height 21 feet four inches to top of parapet Any additional rooftop mechanical equipment must be screened No wooden fences are permitted on the roof for screening Facade Transparency For buildings that werebuilt prior to September 24 2001 the City will encourage the use of transparent windows or doors as part of any building expansion However provided the expansion at a minimum maintains the existing patterns and details of the existing building architecture the proposed expansion would not be required to meet the 50 percent transparency requirement The most westerly office does not have a window facing south A window needs to be added to maintain the existing window patterning Site Furnishing The developer is proposing a patio area on the west side of the building for use by employees Community features may include benches andor tables Revise the patio to stay within the setback Loading Areas Refuse Area etc Service yards refuse and waste removal other unsightly areas and truck parkinglloading areas were constructed to the east of the existing building Landscaping Minimum requirements for landscaping include 460 square feet of landscaped area around the parking lot two trees for the parking lot and bufferyard plantings along the west property line 190 Power Systems Planning Case 2007 21 September 18 2007 Page 5 of8 The applicant s proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table Required Proposed Vehicular use landscape area 460 sq ft 460 sq ft Trees parking lot 2 overstory 1 overstory o islands peninsulas o islands peninsulas West property line 4 Overstory trees 1 Overstory trees Bufferyard B 320 9 Understory trees o Understory trees 14 shrubs o Shrubs The proposed landscaping does not meet minimum ordinance requirements for the parking lot or bufferyard requirements Staff recommends that the applicant increase plant quantities in order to meet minimum requirements The applicant should submit a revised landscape plan to the city for approval Lot Frontage and Parking Location Parking must be distributed around large buildings This site was designed to have the majority of the parking to the south of the building with the truck loading dock located to the east SIGNAGE The applicant is showing a 20 foot by 3 foot sign area on the building expansion within the smooth band A separate sign permit would be required for any proposed signage Sign age must comply with the standards for Industrial Office Park districts MISCELLANEOUS Detailed occupancy and building area related code requirements cannot be reviewed until further information is provided The owner and or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures The building addition is required to have an automatic fire extinguishing system All plans must be prepared and signed by design professionals licensed in the State of Minnesota 191 Power Systems Planning Case 2007 21 September 18 2007 Page 6 of8 COMPLIANCE TABLE PUD Power Systems Building Height 2 stories 1 story Building Setback N 30 E I0 W 1O S 25 N 60 E 126 W 1O S 91 Parking stalls 60 59 stalls plus 5 stalls proof of parking Parking Setback N 30 E lO W 1O S 15 N 30 E l0 W 74 S 15 Hard surface Coverage 67 66 Lot Area 1 acre 2 68 acres Variances Required none Parking Standards Office 4 5 spaces per 1 000 square feet Warehouse 1 space per 1 000 for first 10 000 square feet then 1 space per 2 000 square feet Development within Chanhassen Business Center Development Office Manufacturing Warehouse Church Total pun Requirements 120 700 150 875 326 425 5 500 603 500 Church 5 500 5 500 NWS 17 500 17 500 Power System 9 135 30 928 40 063 Paulstarr 7 287 18 017 25 304 Highland 1 802 7 359 9 161 Control Products 10 000 16 750 8 250 35 000 TISII 7 749 20 999 10 000 38 748 Chuck s 2 560 14 144 16 704 U S P O 5 300 15 200 24 400 44 900 Boedecker 8 750 26 250 35 000 Quantum 10 000 5 000 15 000 Matthews 10 006 28 554 38 560 DayCo 5 688 19 451 25 139 Dover 19490 19 490 Total Used Buildin2 Area 115 267 52 949 192 353 5 500 366 069 Total Remaining Building 5 433 97 926 134 072 0 237 431 Area 192 Power Systems Planning Case 2007 21 September 18 2007 Page 7 of 8 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and adoption of the attached findings of fact and recommendation The Chanhassen Planning Commission recommends that City Council approve Planning Case 07 21 Power Systems for a 12 300 square foot expansion to a 27 800 square foot on story office warehouse building plans prepared by Mohagen Hansen Architectural Group dated 02 16 07 subject to the following conditions 1 The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control site restoration and landscaping 2 A window shall be added to the south elevation of the most westerly office in the building expansion 3 Tractor trailer units are prohibited from using the proposed new westerly access 4 If the area being disturbed exceeds one acre the applicant must obtain the necessary permits from the MPCA and the Watershed District 5 The applicant must ensure that the Engineering Department is contacted a minimum of 48 hours prior to connecting to the public storm sewer 6 The applicant must submit a 1 000 00 escrow for the replacement grate over the public storm sewer at the new driveway 7 The grading plan must be signed by a Professional Engineer licensed in the State of Minnesota 8 The building addition is required to have an automatic fire extinguishing system 9 All plans must be prepared and signed by design professionals licensed in the State of Minnesota 10 The water service at the southwest end of the building proposed addition location must be relocatedrevised in such a manner that fire suppression water supply is not located under the proposed addition Ref NFPA 24 11 The applicant shall plant two trees near the parking lot 12 The applicant shall install a west bufferyard planting that includes 4 overstory trees 9 understory trees and 14 shrubs The applicant shall work with staff to submit a revised landscape plan BRallsl BHsmittel tl tRl lit fElY a rEl al prior to building permit approval 193 Power Systems Planning Case 2007 21 September 18 2007 Page 8 of8 ATTACHMENTS 1 Findings of Fact and Recommendation 2 Development Review Application 3 Reduced Copy Architectural Site Plan 4 Reduced Copy Grading paving Utility Erosion Control Plan 5 Reduced Copy Landscaping Plan 6 Reduced Copy Building Addition Floor Plan 7 Reduced Copy Exterior Elevations 8 Affidavit of Mailing Notice g plan2007 planning cases 07 21 power systemsstaffreport powers system exp doc 194 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE Application of Power Systems for Site Plan Review for a 12 300 square foot expansion to a 27 800 square foot building On September 18 2007 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Power Systems for a site plan review for the property located at 8325 Commerce Drive The Planning Commission conducted a public hearing on the proposed site plan which was preceded by published and mailed notice The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following FINDINGS OF FACT 1 The property is currently zoned Planned Unit Development PUD 2 The property is guided by the Land Use Plan for OfficeIndustrial 3 The legal description of the property is Lot 4 Block 1 Chanhassen Business Center Second Addition 4 Site Plan Findings a The proposed development is consistent with the elements and objectives of the city s development guides including the comprehensive plan official road mapping and other plans that may be adopted b The proposed development is consistent with the site plan review requirements c The proposed development preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas d The proposed development creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development e The proposed development creates a functional and harmonious design for structures and site features with special attention to the following 1 195 1 An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants visitors and general community 2 The amount and location of open space and landscaping 3 Materials textures colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses and 4 Vehicular and pedestrian circulation including walkways interior drives and parking in terms of location and number of access points to the public streets width of interior drives and access points general interior circulation separation of pedestrian and vehicular traffic and arrangement and amount of parking f Protects adjacent and neighboring properties through reasonable provision for surface water drainage sound and sight buffers preservation of views light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses 5 The planning report 07 21 dated September 18 2007 prepared by Robert Generous et aI is incorporated herein RECOMMENDATION The Planning Commission recommends that the City Council approve the site plan review for the building expansion ADOPTED by the Chanhassen Planning Commission this 18th day of September 2007 CHANHASSEN PLANNING COMMISSION BY Its Chairman 2 196 Planning Case No 07 d I CITY OF CHANHASSEN CJTY g W SSEN 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 AUG 11 2007 DEVELOPMENT REVIEW APPLICATIONCHANHASSEN PLANNING Q PT PLEASE PRINT Applicant Name and Address Owner Name and Address PAV D T VN to S T tlIKM1 p f l t LCY E IS F r I rV Fl A CR S 7 S tiS I f 1 l H IV Q Q D lJ K s l lVfV1I1 R cc Or PT rID 8 OOIVh CrQN vContactAIlContactA8bsS Phone q G gOO Fax f 52 O Phone Cf S i5f 9b Fax Email athun@powersystems mn com Email heber9ren@juno com tsteinkamp@powersystems mn com NOTE Consultation with City staff is required prior to submittal including review of d velopmentplans Comprehensive Plan Amendment Tern porary Sales Permit Conditional Use Permit LCUP Vacation of Right of Way Easements VAG Interim Use Permit IUP Variance VAR Nonconforming Use Permit Wetland Alteration Permit WAP Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign 200 City to install and remove t Site Plan Review SPR x Subdivision E w for Filing Fees Attorney Cost CUP SPRlVACNARWAP Metes Bounds 450 Minor SUB v TOTAL FEE 73 7L An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicantpriortothepublichearing Sixteen 16 full size folded copies of the plans must be submitted including an 8 X 11 reduced copy for each plan sheet along with a digital copy in IFF Group 4 tif format Escrow will be required for other applications through the development contract C i Building material samples must be submitted with site plan reviews NOTE When multiple applications are processed the appropriate fee shall be charged for each application 6CANNED197 A P Q f 3z S U GAL DESCRIPTION I crT 4 I g L 0 c l t CCA r7 L VO A 00 ON TOTAL ACREAGE d PROJECT NAME S us nm5 cctY1W1 2e J L C ltONl IASC lI fSV5 5 S C l 1 vvp 1 ANCC 615 LOCATION WETLANDS PRESENT YES NO PRESENT ZONING REQUESTED ZONING Pub 5fhY1 PRESENT LAND USE DESIGNATION rR f I NDtJsf2 19L REQUESTEO LAND USE DESIGNATION JJrl1tE REASON FOR REQUEST 12 Ooc S tr P tJ c Bui L D N G e 1Z 12jf This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions Before filing this application you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application I have attached a copy of proof of ownershipeithercopyofOwnersDuplicateCertificateofTitleAbstractofTitleorpurchaseagreementorIamtheauthorizedpersontomakethisapplicationandthefeeownerhasalsosignedthisapplication I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be charged for consulting fees feasibility studies etc with an estimate prior to anyauthorizationtoproceedwiththestudyThedocumentsandinformationIhavesubmittedaretrueandcorrecttothebestof my knowledge cJSignatureof Applicant j D Date 1slgnalffreFee wne G pLANforili B fOpment Review Application DOC i o 7 ate r SCANNED Rev 1205 198 Ii I 0Oztnlutl11I3IiIiIm III I8I rc VI fl I alii u EB2Iililrl011inU I n i m 8 8 Irroa I 01 it a Ihl l I eG n liiHiiii Ii r 5 j I I UiiIinIhiIiIitdi i E d Ix hlh II I III 11111 I I I Ii JQ IsI IKhlll 00080 I H t I r I ij P I tj I 1 ft Ii 1 j1G I II 1 1izIII0I I z tl I I I 9 II I II I I I I Ii I11IIII I I I I III IIIIIIIJIJtOIOSVlSlt I i I I J I I I L tll K 3MI0 DDWIO l I I I I I I 1 o 0 5 iH 3 r IlII IO WIr1 199 n rl I t II I I iln I z i uIhicoijinlZvI11ilaIIilIf a w f 1 Jil il il tUh o iiluililIIIII5tlulr I J J lIh I I fl It I i I I I 8 6oXE J I I il I r i I I fl I II II iI iIItilgiIIIIJIIIII11II1 i II II ill i lii 1 l h I 111 ii ill h I i IIIPIIIIIIiISIrIIIillIIInIIilaSInLdiIIIUiPiiIIIiilllIiJIhII1II81313813EI3EIIIIIIItiiiIIIIlilIIIllIf5 I I I i 1l1 i I III Il II I ll I j 1 llll I II I i I II II UIII I i h t ii n H n Ilti 1 1 I ll I IIII I Ii IiIIIIIt5IIIiuI5IIIIDIIr1f15Ii II11IaIIHillHqnIHilInHiII1IIIiIiiIIIII I fV 1IIq III i I s l I I il I if III II tD I I I @t J I 3 tl il I i I II 1 if r ill 1 Ii if i ill II hiJIIIIIUiI1bailDIJI i J lJi111tittl WlODl3iWIoo Iii 2 II6coLhJr fl J1MJ1nlt Y I t J EJi H lq L t H I 6 lijtlr1MtiIiiiiIi1IIIj0fI r I l EI 3 I s 81 ii IIi i IiIi i I Eli I I I I i I x I Yo 0 I Ii 0iII li 9I IJ r l I 2 1 7J0r r I iL lIlIM NJJ I II J I Ii h 1 i11IIIII CD it 1 II 11 IIg 1Ixilni I I llIiI1111lh1 o f ffi oz000 aVl G 5oifOVlzZ 000uu UoC z i ZVlO 8 l 11 Z 9 It 8I J C lIft 0 of o aaI1 200 m r ittJfw1hll j I I z es m I ill I IV CD 8 IIj8 m i U d I IIm Vl VI u II Oz 2 w i 1 i I ZslEIiiIISCl 0 I I I I i I I IilI I I iII 8 B I I I I I I g Ii W i iI I I 8WflJ 0 it WlIO D13IIWX I tr I l1 u 1 1 IlisIJIJ 1 0 I I uu I I n II i r L R I I I It l FR li I I I I I I I QQQQo4 p I I I I I I I I I 1III I I I 1 1I I 1 1 Ii I 1 II 1 i7 I I j II I1 k 1 I ii I fl r I I J I 1 1 L KlIaTfj z o ie z9 5 z iSr 3 1 1f r II1 AV 1I 201 c i r II J Cz tI nlI t rlhll I ii Z i II JZSiIIIzo III IIFm s li id IIc8 Ee III I 900goPIxIililllIE I 1 0 M il n r aI IIlr1lf W 202 tI II i 1 r 0 Ozll t J hfl I I VIesiIJnz i i ji l OQ III A Ii i II I II J 81 JI il III h p IglI I I i I ill I 8i 0 0 0 @ 0 0 @ 6 e e e z z 0 0 z 0 0 l3 0 e 1 i 1 i 1 i0 z 0 Vl n r ow IIOf 8 e @ o 8 G 9 @ 203 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE ST ATE OF MINNESOTA ss COUNTY OF CARVER I Karen J Engelhardt being first duly sworn on oath deposes that she is and was on September 6 2007 the duly qualified and acting Deputy Clerk of the City of Chanhassen Minnesota that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Power Systems Planning Case 07 21 to the persons named on attached Exhibit A by enclosing a copy of said notice in an envelope addressed to such owner and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer Carver County Minnesota and by other appropriate records uL ty Clerk Subscribed and sworn to before me this n hday of So pm40 r 2007 rr1 tcl Notary P bhc 204 0 c 0 0 iE o scl lctl 0 EJE20 00 JODc coc 0 ctl0D o cZO l l ctl c c ctl c o 0 c 0 0 iE c 0 0 c l Ca 0 EJE20 00 JO D coc 0 ctl 0 D o c z5l l ctl c c ctl c 0 c 0 Q Ol CE0 Cl Ol 0 N i ro Q en CD eo 0 E E SO J 0 2 I o gcDOenEgQOoOCQaotC6OcoClooJat5ctlo g8oocoloc t g l co Q o en CICD Q egJo 00 a 00 a Q c E en co 0 Q Q c ffioo0X E CD a r c Q 3 Q CI J en Ci C ctlOE Q J en 0 Q Q Cf O CoEcc Q en Ctl co en en 0gsIffi Q Q t tJa o JOlQ XJO I tlOCCQ a a i1i E i CI III C c o III J o J III III o 0 o D 0 c 0 Q Ol CE0 ClOl N cO 055t Ol Q en CD 0 E E S 0 J 0 2 I o gcenDooen Q50ClaO1CQ OCDeoCig ooJEalooctlI 0 0COlE0 E l g l CO Q OCD Q EooeoCICDQJO 00 a tJX E a en g CO 0 Q Q cffioo0000 E CD a r c Q 3 Q CI J en Ci c coOE Q J en 0 Q Q Q5o cjcaOECC 0 ctl enctloscoenencgsIffioQttJaJOlQxJ0 I tlOCCQ a a i1i E i CI III C c o III J o J III III o 0 o D C C Illt o CI c g1 0tDJ C C Illt o CI 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15 m D 2 i ctIIDUEO g c E 2 c ctI 1a t 15 Q E 0 5 Cij en U Ej m E 2 c ri 28E EctIJooUOcoen0 ugcncQE3QUCI ct cQ Q Qu Ectlut Jot o en c E o C Q c Q ro oo ct1EoQtcccenuenu 15 Q a Q Q 25 c ct1 Q S 0 Q J 5 g gE e 5c oc c CIDm Q c c mC E j EQ B 5 ffi g 0 g 2 5 g n S Q i uU cf E o m g g g 8 f3 5cU2oQgE8m8 eQ U raoo i cQ uctlm co D n C D OUC 5 enQ Q 5C Q 5 mU IDoBe J 8 e Q 0 E 0 c ID Q 0 C c Qa5EugwEnQcenctlCroctlQ EU ijc 3 2Jen cuEBQa50c2gm 5KEggQe8 ctIo Err gocu g5 c c gmQQcIDJgEccQo5aEIDweE05guC5o O OCQ DgOU Q o Q E5Uc5EE Oc5iE u gQ 0 c 8 o u c t E E SCl o rn8858E i nwe m uiw ogwS c 8n E ctIijctlg5 C Q u uQoEenenuooQroctlceOQccD a u o t c o c U5 g ro Q 8 B5UCctl8gcQgctlu5fgg25538m2cQcQEEUQenCenencnJ0 E2 t en oEc g2 ffiQ BU Q nctlmQ Q uo 5 IDmc eQU55OO30ctIcmctlg o 205 ake Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one This map is a compilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and isto be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracking orany other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features If errorsor discrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 9466 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expressly waives all claims and agrees to defend indemnify and hold harmless the City from any and all claims brought by User its employees or agents orthird parties which arise out of the use s access oruseof data orovided Disclaimer This map is neither a legally recorded map nor asurvey and is not intended to be used as one This map is acompilation of records information and data located in various city county state and federal offices and other sources regarding the area shown and isto be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracking orany other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features If errorsor discrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 9466 03 Subd 21 2000 and the user of this map acknowledges that the City shall not be liable for any damages and expressly waives all claims and agrees to defend indemnify and hold harmess the City from any and all claims brought by User its employees oragents orthird parties which arise out of the use s access or useof data orovided 206 DAVID A STOCKDALE 7210 GALPIN BLVD EXCELSIOR MN 55331 8058 MONK PROPERTIES LLC 1586 LAKE DR W CHANHASSEN MN 55317 8533 AUTOBAHN MOTORPLEX LLC 3615 ZIRCON LN N PLYMOUTH MN 55446 2878 CHAN CONGR JEHOVAHS WITNESSES C O RICHARD TAYLOR 7227 BREN LN EDEN PRAIRIE MN 55344 4134 HARLEY E BERGREN 8104 HIGHWOOD DR G108 BLOOMINGTON MN 55438 1087 DAVID L OBEE 2060 MAJESTIC WAY CHANHASSEN MN 55317 9352 1660 GROUP LLC 1660 LAKE DR W CHANHASSEN MN 55317 8583 QUANTUM CONTROLS INC 1691 WEST LAKE DR CHANHASSEN MN 55317 8583 HERAKLES LLC 8345 COMMERCE DR CHANHASSEN MN 55317 8427 DEMOSA LLC C O BOB MORTENSON 1610 LAKE DR W CHANHASSEN MN 55317 8583 MARK J CARLSON ROBERT K WALD 8330 COMMERCE DR CHANHASSEN MN 55317 8426 BUILDING MANAGEMENT GROUP LLC C O CONTROL PRODUCTS 1724 LAKE DR W CHANHASSEN MN 55317 8580 SOUTHBOUND INVESTMENTS LLC JJH INVESTMENTS LLC 1380 THRUSH CT CHANHASSEN MN 55317 8555 207 PUBLIC HEARING NOTIFICATION AREA 500 FEET POWER SYSTEMS 8365 COMMERCE DRIVE PLANNING CASE 2007 21 208 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952227 1140 Fax 952 227 1110 Park Recreation Phone 952227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us To Todd Gerhardt City Manager Laurie Hokkanen Assistant City Manager jJJ O From Date September 19 2007 Re Accept bid from Alpha Video to purchase NV equipment SUMMARY In July the City Council discussed AudioVisual improvements for the City Council Chambers This item was also a part of the 2007 Work Plan At that time we reviewed a proposal from Alpha Video to renovate the City Council Chambers and thereby improve our programming quality and capacity This item is the acceptance of the bid to purr hase equipment from Alpha Video BACKGROUND Much of the equipment in the Council Chambers is outdated technology For example the cameras used for broadcasting meetings and showing documents are actually security cameras This limits the quality of the image they broadcast Likewise the audio equipment does not allow staff to easily monitor or adjust for sound quality They key problems that have been identified are the poor quality of the video and audio quality poor quality of document camera and Council display screens and issues of low visibility for documents shown by staff or brought in by presenters for the audience In addition the current system technology limits the re broadcast capacity for Channel 8 As a result the programming is generally limited to City and County meetings and the bulletin board The attached bid is from Alpha Video The total amount is 135 743 60 All of the items are being purchased off of the state contract which allows us to take advantage of the bidding process already conducted by the State of Minnesota The equipment identified for purchase addresses the problems above The bid includes the systems engineering Each of the cameras would be upgraded to production quality and an additional camera would be installed to replace the home camcorder currently used The document camera would be upgraded to an Elmo system specifically designed for the display and broadcast of documents allowing for ease of readability The Council monitors would be replaced with LCD screens The existing audio equipment would be used in conjunction with new mixing boards 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 G AdminLH Cily Council Chamber AV approve bid staff report 9 07 doc 209 The proposal also includes items that will improve the audience experience The Council Chambers would be equipped with assistive listening devices as required by the Americans with Disabilities Act The proposal includes a character generation system which would allow speakers or agenda items to be identified on screen In addition to improving broadcast quality the bid includes equipment that would expand the capacity of Channel 8 The Tightrope system would allow programs to be loaded on a hard drive and scheduled remotely Whereas we have 2 3 programs running per day currently we would be able to run a greater number of programs Currently we receive programs from the Minnetonka Schools Holy Family High School the US Army Jazzercise the Rotary a local square dancing group and others We are currently able to play these programs on a very limited basis Additionally we are currently soliciting bids for the construction of a separate NV broadcast room This item will appear on the October 24th Agenda This project will involve a reconfigure of the corner where the NV equipment is currently as well as a small part of the space behind Rough estimates for this work range between 10 20 000 The NY improvements are an eligible expenditure to the Cable TV fund These funds are dedicated to improving communication with the public through broadcasting public meetings studio improvements and other improvements to the system Funds to cover the entire project amount including the remodeling equipment and installation are available If accepted the equipment is anticipated to arrive in 60 100 days from the date of order RECOMMENDA TION City staff recommends the City Council accept the bid from Alpha Video in the amount of 135 743 60 and proceed with the ordering and installation of the NV equipment This action requires a majority of the City Council for approval G AdminLH City Council Chamber AV approve bid staff report 9 07 doc 210 City of Chanhassen City Council Upgrade For City of Chanhassen Laurie Hokkanen Address 1 City State Zip 952 227 1118 Ihokkanentalci chanhassen mn us LPIIAVIDEO By Alpha Video and Audio Inc Bryan Nelson 7711 Computer Avenue Edina MN 55435 952 841 3304 brvanci alohavideo com Account CHA007 PO TBD Date 06 29 07 Quote 06 29 07 AV Sys Terms NET 30 City Council Upgrade ID Model Number Manufacturer Description Qty Price Extended Price 1 AW PH360N Panasonic Pan Tilt Head 3 3 693 00 11 079 00 2 AW LZ16MD55 Panasonic 16X MD Zoom Lens 3 2 106 00 6 318 00 3 AW RP555N Panasonic Pan Tilt Controller 1 1 236 00 1 236 00 4 AW PS505A Panasonic Power Supply 1 561 00 561 00 5 AW E350 Panasonic 3CCD Camera Head 3 2 652 00 7 956 00 6 AW PS300A Panasonic Power Supply 3 561 00 1 683 00 7 AG MX70 Panasonic 8 lnput Video Switcher 1 5 401 00 5401 00 8 HV C1000XG Elmo Ceiling Document Camera 1 5 827 00 5 827 00 9 Onyx 1640 Mackie 16 Channel Mixing Board 1 1 170 00 1 170 00 10 TH 50PH9UK Panasonic 50 Plasma Displays 2 1 989 00 3 978 00 11 PLP 2051 Chief Pitch Adjustable Plasma Wall Mount 2 213 00 426 00 12 V R43P Marshall Triple 4 LCD Composite Video Monitor 1 1 029 00 1 029 00 13 V R53P Marshall Triple 5 LCD CompositeNGA Video Monitor 1 1 822 00 1 822 00 14 V R682P Marshall Dual 6 8 LCD Composite Video Monitor 1 1 170 00 1 170 00 15 VP 5XL Kramer VGA DA 2 255 00 510 00 16 RK 80 Kramer Rack Mount 1 32 00 32 00 17 VP 2XL Kramer VGA DA 2 145 00 290 00 18 RK 50RN Kramer Rack Mount 2 32 00 64 00 19 VM 50AN Kramer Audio DA 1 171 00 171 00 20 85782 Winsted Casters 3 24 00 32 00 21 80663 Winsted 18 D Three Bay Shelf 1 318 00 318 00 22 81224 Winsted 18 D Surface Brackets 2 65 00 130 00 23 85040 Winsted Center Top 1 40 00 40 00 24 85041 Winsted End Top 2 41 00 82 00 25 85060 Winsted Pedestal Base 3 136 00 408 00 26 85130 Winsted Side Panel 1 111 00 111 00 27 85138 Winsted Side Panel 1 108 00 108 00 28 86046 Winsted Console 3 537 00 1 611 00 29 98714 Winsted Power Supplies 5 147 00 735 00 30 92186 Winsted LCD Rack Mount 1 39 00 39 00 31 86013 Winsted Top Module 3 280 00 840 00 32 SX 1115 Surgex Power Conditioner 3 418 00 1 254 00 33 SUA1000RM2U APC UPS 1 569 00 569 00 34 STD 10K RDL Audio Summer 10 43 00 430 00 35 EB1 Middle Atlantic Blank Panel 35 6 00 210 00 36 D3 Middle Atlantic 3U Drawer 2 109 00 218 00 37 U2 Middle Atlantic 2U Rack Shelf 10 37 00 370 00 38 S1 Middle Atlantic Perforated Security Cover 15 19 00 285 00 39 S2 Middle Atlantic Perforated Security Cover 10 21 00 210 00 40 S3 Middle Atlantic Perforated Security Cover 10 21 00 210 00 41 60439 01 Extron Composite Video DA 6 122 00 732 00 42 60 190 01 Extron Rack Mount Kit 5 88 00 440 00 43 60476 01 Extron Scan Converter 2 1 054 00 2 108 00 44 60 319 02 Extron VGA line Driver 3 129 00 387 00 45 LCG5000D Compix Character Generator 1 3 701 00 3 701 00 46 LS Ol Listen Technologies Assistive listening System 1 824 00 824 00 47 LA 330 Listen TechnoloQies Neck Loop 3 5 00 15 00 CONFIDENTIAL 6 2912007 211 10 Model Number Manufacturer Description Qty Price Extended Price 48 PMD570 Marantz Solid State Compact Flash MP3 Audio Recorder 1 776 00 776 00 49 SG9CF2048 c Smart 2GB Compact Flash Card 2 78 00 156 00 50 RW025 001 Lexar Compact Flash USB Card Reader 1 65 00 65 00 51 VA503B Viewsonic 15 VGA Monitor 5 183 00 915 00 52 CBL VS4 300E Tightrope Video Server 750 GB 1 7 750 00 7 750 00 53 CBL CABLECAST BUNDLE Tightrope Cablecast Bundle 1 5 625 00 5 625 00 54 CBL CM LGX Tightrope Leightronix Control 1 250 00 250 00 55 SVC PH HRL Y Tightrope Phone Training 6 80 00 480 00 56 HD280 Sennheiser Stereo Headphones 1 89 00 89 00 57 BX5a M Audio Audio Monitoring Speakers pair 1 249 00 249 00 58 Pro2 Crestron Control Processor 1 2 139 00 2 139 00 59 C2ENET 1 Crestron Single Port Ethernet Card 1 501 00 501 00 60 C2VEO4 Crestron 4 Channel Volume EO Control Card 1 444 00 444 00 61 IRP2 Crestron IR Probe 3 29 00 87 00 62 TPS 3000 Crestron 6 4 Tilt Touchpanel 1 2 111 00 2 111 00 63 TPS 3100L Crestron 64 Wall Mount Touchpanel 1 2 111 00 2 111 00 64 WMKM 3100L Crestron Post Construction Wall Mount Kit w Mud Ring 1 56 00 56 00 65 3100U4000L BTN Crestron Engravable Button Cap 5 6 00 30 00 66 PW 2420RU Crestron Power Supply 1 157 00 157 00 67 VP 724xl Kramer Presentation Scaler Switcher 1 1 520 00 1 520 00 Product Sub Total 92 651 00 Installation Labor Materials System Training A Installation Materials Alpha Video Installation Materials 1 15 695 78 15 695 78 B Install Labor Alpha Video Installation Labor 1 18 680 00 18 680 00 C Training Labor Alpha Video Training Labor 1 432 00 432 00 Installation Sub Total 34 807 78 Project Sub Total 127 458 78 Sales Tax 6 50 8 284 82 Project Total 135 743 60 CONFIDENTIAL 6 2912007 212 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 80ulevard Phone 952227 1400 Fax 952227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site WWII ci chan hassen m n us 1j TO Todd Gerhardt City Manager J A I 1 0 Laurie Hokkanen Assistant City Manager t5 CFROM DATE September 20 2007 RE Release of land from contract for pri vate redevelopment between the City of Chanhassen and Arboretum ill Realty Partners LLP BACKGROUND The attorney for Arboretum ill Realty Partners LLP has requested that the City grant a release of land from their contracts for private redevelopment for their project r The Gateway TIF District 6 was decertified in December of 2005 Arboretum ill Realty Partners received payments totaling 83144 76 in 2004 and 2005 Staff has reviewed the files and finds the project complete and in compliance with the redevelopment contract RECOMMENDATION Staff recommends that the City Council approve the attached Release of Land from Contracts for Private Redevelopment and Assessment Agreement Approval of this item requires a majority vote of the City Council The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play G AdminLH TIFArboretum III Realty Partners Release Staff Report doc 213 RELEASE OF LAND FROM CONTRACT FOR PRIVATE REDEVELOPMENT AND ASSESSMENT AGREEMENT Date 2007 KNOW ALL BY THESE PRESENTS that the real property in Carver County Minnesota legally described as follows Lot 2 Block 21 Arboretum Business Park 2nd Addition is hereby released from all obligations terms and conditions found in the following documents 1 That certain Contract for Private Redevelopment by and between the City of Chanhassen a Minnesota municipal corporation and Arboretum III Realty Partners LLP a Minnesota limited liability partnership dated July 31 2001 and recorded July 31 2001 in the Office of the Carver County Recorder as Document No 292814 and 2 That certain Assessment Agreement and Assessor s Certification by and among the City of Chanhassen a Minnesota municipal corporation and Arboretum III Realty Partners LLP a Minnesota limited partnership dated July 31 2001 and recorded in the Office of the Carver County Recorder on July 31 2001 as Document No 292812 133903vOI RNK 09 1012007 1 214 CITY OF CHANHASSEN By Thomas A Furling Mayor By Todd Gerhardt City Manager STATEOFMINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2007 by Thomas A Furlong and by Todd Gerhardt respectively the Mayor and City Manage of the City of Chanhassen a Minnesota municipal corporation on behalf of the corporation and pursuant to the authority granted by its City Council Notary Public THIS INSTRUMENT WAS DRAFTED BY CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve Suite 317 Eagan Minnesota 55121 Telephone 651 452 5000 RNKlsrn 133903vOI RNK 09 1O 2007 2 215 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 9522271170 Finance Phone 952227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952 2271404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site www ci chanhassen mn us 1Jz MEMORANDUM TO Todd Gerhardt City Manger FROM Bob Generous Senior Planner DATE September 24 2007 SUBJ Adoption of Ordinances Amending Chapter I General Provisions Definitions Chapter 7 Buildings and Building Regulations Chapter I8 Subdivisions and Chapter 20 Zoning of the Chanhassen City Code ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment BACKGROUND Staff has brought these changes forward to provide definitions concurrent with the smoking shelter ordinance Sec 1 2 Rules of construction and definitions to eliminate long standing landscape escrows Sec 7 24 Landscaping security to limit invasive tree species Sec 18 61 Landscaping and tree preservation requirements and to provide standards for smoking shelters Sec 20 904 d Accessory outdoor smoking facilities public places and help wanted signs Sec 20 1255 12 Employment opportunity signs and to correct an oversight regarding industrial signage Sec 20 1304 Industrial Office Park Signs from a previous amendment The proposed changes to Chapters 1 7 18 and 20 have been previously reviewed by the Chanhassen Planning Commission SUMMARY Staff believes that these changes are primarily administrative rather than substantive in nature and is recommending approval of the amendment PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on September 4 2007 to review the proposed amendments The Planning Commission voted 6 0 to approve the amendments The summary and verbatim minutes are item la of the City Council packet for September 24 2007 The only issue the Planning Commission had was with Sec 1 2 Rules of construction and definitions They felt the definition of Indoor area was confusing Staff simplified the definition 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 play216 Mr Todd Gerhardt September 24 2007 City Code Amendment Chapters 1 7 18 and 20 Page 2 RECOMMENDATION Staff recommends approval of the following motion The Chanhassen City Council approves adoption of the attached ordinances amending Chapters 1 7 18 and 20 of the Chanhassen City Code A TTACHMENTS 1 Ordinance Amending Chapter 1 Chanhassen City Code General Provisions Definitions 2 Ordinance Amending Chapter 7 Chanhassen City Code Buildings and Building Regulations 3 Ordinance Amending Chapter 18 Chanhassen City Code Subdivisions 4 Ordinance Amending Chapter 20 Chanhassen City Code Zoning 5 Staff Report Dated September 4 2007 g plan bg city codesept revisions 2007 18 20 cc memo 1 7 18 20 sept 24th 2007 doc 217 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 1 CHANHASSEN CITY CODE GENERAL PROVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS Section 1 The City Code City of Chanhassen Minnesota is hereby amended by adding the following definitions to section 1 2 which shall read as follows Indoor area means all space between a floor and a ceiling that is bounded by walls doorways or windows whether open or closed A wall for the purpose of smoking shelters includes any retractable divider garage door or other physical barrier whether temporary or permanent Public transportation means public means of transportation including light and commuter rail transit buses enclosed bus and transit stops taxis vans limousines and other for hire vehicles other than those being operated by the lessee and ticketing boarding and waiting areas in public transportation terminals Smoking means inhaling or exhaling smoke from any lighted cigar cigarette pipe or any other lighted tobacco or plant product Smoking also includes carrying a lighted cigar cigarette pipe or any other lighted smoking equipment tobacco or plant product intended for inhalation Section 2 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this 24th day of September 2007 by the City Council of the City of Chanhassen Minnesota Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 218 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 7 OF THE CHANHASSEN CITY CODE CONCERNING THE MINNESOTA STATE BUILDING CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS Section 1 Section 7 24 of the Chanhassen City Code is amended to read If the lot on which a certificate of occupancy for a single family dwelling is requested is subject to landscaping requirements set forth in the development contract with the City a certificate of occupancy shall not be issued unless the landscaping has been completed or unless a 750 00 fee or such other amount as determined by the City s Community Development Director in the form of a cash escrow or letter of credit is furnished to the City guaranteeing completion within 60 days weather permitting If the landscaping requirements are not met within one year of the completion deadline the money shall be forfeited and deposited into the City tree planting fund Section 2 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this 24th day of September 2007 by the City Council of the City of Chanhassen Minnesota ATTEST Todd Gerhardt ClerkManager Thomas A Furlong Mayor Published in the Chanhassen Villager on 20 132646vOl RNK 07 02 2007 1 219 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 18 CHANHASSEN CITY CODE SUBDIVISION THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS Section 1 Section 18 61 a 1 of the City Code City of Chanhassen Minnesota is hereby amended by adding an asterisk to the following tree species on the list of acceptable trees to meet the planting requirements Fraxinus spp Ash all varieties Acer ginnala Maple Amur Picea pun gens Spruce Colorado Green Section 2 Section 18 61 a 1 of the City Code City of Chanhassen Minnesota is hereby amended to add the following footnote below the last table These trees shall be restricted quantities and location must be approved by the City in a landscape plan Section 3 Section 18 61 d 2 b of the City Code City ofChanhassen Minnesota is hereby amended to read as follows The following table shall be used to determine the minimum amount of canopy coverage that must be maintained or provided on site as part of the development It shall represent the minimum canopy coverage consisting of existing tree canopy and or additional trees required for the site Existing wetland areas bluff areas and dedicated park land located on site shall be excluded from the calculation of site area in the determination of site coverage If a forested area is to be dedicated to the city for park land then this area shall not be included in the base line canopy coverage area calculation nor shall it count towards the minimum canopy coverage for the site 1 220 Base Line Canopy Coverage Per Acre Comprehensive Plan 80 60 40 20 19 or Designation 100 79 59 39 less Commerci aliindustri aliins ti tu ti onal 28 25 20 14 10 High density residential 35 30 25 20 15 Medium density 40 35 30 25 20residential Low density residential 55 46 35 30 25 Large lot residential 68 56 43 35 25 Base line canopy coverage is the canopy coverage existing at the time the development application is filed with the city Minimum canopy coverage is determined by using the matrix Section 4 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this 24th day of September 2007 by the City Council of the City of Chanhassen Minnesota Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 2 221 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA ORDINANCE NO AN ORDINANCE ANlENDING CHAPTER 20 CHANHASSEN CITY CODE ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS Section 1 The City Code City of Chanhassen Minnesota is hereby amended by adding a section to be numbered 20 904 d which shall read as follows Accessory outdoor smoking facilities public places 1 A detached accessory outdoor smoking shelter shall be located within the buildable lot area in the rear or side yard 2 Smoking Shelters shall not be closer than 25 feet of any entrances exits open windows and ventilation intakes of public places 3 Smoking shelters shall not be more than 200 square feet and a maximum height of 16 feet 4 The smoking shelter must be aesthetically compatible with the overall architecture of the building or development 5 Smoking shelters must be detached from the principle structure 6 Smoking shelters may not be more than 50 enclosed at anytime 7 Service of food and alcoholic and non alcoholic beverages is prohibited in smoking shelters 8 Smoking shelters must comply with Building Code 9 Smoking Shelters must receive a building permit Section 2 The City Code City of Chanhassen Minnesota is hereby amended by adding a section to be numbered Section 20 1255 12 which shall read as follows Employment opportunity signs help wanted which advertise job opportunities for a specific location upon which the sign is located subject to the following conditions a One nonilluminated sign is permitted per street frontage b A banner shall not exceed 100 square feet of display area and must be affixed to the principle structure 1 222 c Freestanding signs shall not exceed 16 square feet of display area and 8 feet in height d No such sign shall be located less than ten feet from any property line e All temporary employment opportunity signs shall be removed within seven days after the posted position has been filled Section 3 Section 20 1304 2 of the City Code City of Chanhassen Minnesota is hereby amended to read Ground low profile business signs One ground low profile business sign shall be permitted per site for each street frontage Such sign shall not exceed 64 square feet except on a State Highway in display area nor be greater than eight feet in height Such sign shall be located at least ten feet from any property line A ground low profile on a State Highway may not exceed 80 square feet and eight feet in height Such sign shall be located at least ten feet from any property line Section 4 This ordinance shall be effective immediately upon its passage and publication PASSED AND ADOPTED this 24th day of September 2007 by the City Council of the City of Chanhassen Minnesota Todd Gerhardt City Manager Thomas A Furlong Mayor Published in the Chanhassen Villager on 2 223 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site WINIci chan hassen mn us i MEMORANDUM TO Planning Commission FROM Bob Generous Senior Planner DATE September 4 2007 SUBJ Amendment to Subdivision and Zoning Ordinance Chapters 18 20 of the Chanhassen City Code The Planning Commission has review responsibility for Chapters 18 and 20 A public hearing is required to make changes in these chapters We are requesting that the Planning Commission review the proposed revisions to Chapters 18 and 20 and recommend an ordinance amendment incorporating the changes Staff has prepared a strike through delete and bold add format to review the proposed changes CHAPTER 18 ISSUE Some species of trees must be limited due to the potential negative environmental impact they have in an area The following tree species shall be restricted Ash Fraxinus spp The emerald ash borer is a future fatal threat to ash trees Once this pest becomes established the effect will be comparable to the Dutch elm disease epidemic Limited planting of ash trees should be allowed from this time forward in order to lessen future tree losses Amur maple Acer ginnala This tree has been identified by the Minnesota Department of Natural Resources as a threat to natural areas Like buckthorn amur maple freely seeds itself into natural areas and quickly becomes a predominant plant out competing native plants for space water and nutrients This tree should only be allowed in highly manicured landscapes where seeding is eliminated by mowing and herbicides Colorado spruce Picea pungens The native range of this species does not include Minnesota The hot humid climate and clay soils of our area cause these spruce to be vulnerable to a couple of devastating diseases Their generally short period of health 20 30 yrs precludes them from a sustainable landscape Sec 18 61 Landscaping and tree preservation requirements a Required landscapingresidential subdivision 1 Each lot shall be provided with a minimum of one deciduous or conifer tree to be placed in the front yard The type of tree shall be subject to city approval Coniferous trees must be at least eight feet high and deciduous trees must be at least two and one half inches in diameter at the time of installation This 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 Q3t1tIdOS 224 Planning Commission September 4 2007 Page 2 of 9 requirement may be waived by the city where the applicant can demonstrate that a suitable tree having a minimum diameter of two and one half inches for deciduous and eight foot height for conifers is located in an appropriate location on the lot The following trees may be used to meet planting requirements Scientific Name DECIDUOUS TREES Common Name Acer saccharum Maple Sugar or hard Carya ovata Shagbark Hickory Celtis occidentalis Hackberry luglans nigra Black Walnut Quercus rubra Oak Red Quercus alba Oak White Quercus bicolor Oak Bicolor Quercus macrocarpa Oak Bur Tilia amencana Linden American Acer rubrum spp Maple Red all varieties Acer x freemanii spp Maple Freeman all varieties Acer saccharinum Silver Queen Maple Silver Queen Aesculus glabra Ohio Buckeye Betula nigra Birch River Betula papyrifera Birch paper Betula pendula Dalecarlica Birch cut leaf weeping Catalpa speciosa Northern Catalpa Fraxinus spp Ash all varieties Ginkgo biloba Ginkgo Gleditsia triacanthos inemzis spp Honeylocust thornless all varieties Gymnocladus dioicus Coffeetree Kentucky Tilia spp Linden all varieties Ulmus spp ELM DED resistant varieties 225 Planning Commission September 4 2007 Page 3 of 9 Scientific Name ORNAMENTAL TREES Common Name Acer ginnala Maple Amur Amelanchier spp Serviceberry or Juneberry Crataegus spp Hawthorn all varieties Malus spp Crabapple assorted flowering Varieties Ostrya virginiana Ironwood Populus tremuloides Aspen Sorbus spp Ash Mountain all varieties Phellodendron amurense Amur Corktree Pnmus cerasifera Newport Plum Newport Pnmus triloba Plum flowering or Rose Tree of China Prunus virginiana Schubert Chokeberry Schubert Syringa reticulata Lilac Japanese tree Scientific Name CONIFERS Common Name Abies balsamea Fir Balsam Abies concolor Fir Concolor Larix laricina Tamarack Picea abies Spruce Norway Picea glauca Spruce White Picea glauca densata Spruce Black Hills Picea pungens Spruce Colorado Green Pinus nigra Pine Austrian Pinus ponderosa Pine Ponderosa Pinus resinosa Pine Norway Pinus strobus Pine White Pinus sylvestris Pine Scotch Pseudotsuga menziesii Fir Douglas 226 Planning Commission September 4 2007 Page 4 of 9 Scientific Name CONIFERS Common Name Thuja occidentalis Arborvi tae Thuja occidentalis Teemy Techny Arborvitae These trees shall be restricted quantities and location must be approved by the city in a landscape plan PROPOSED CHANGE Amend Section 18 61 Landscaping and tree preservation requirements By adding an asterisk to the following species of trees Fraxinus spp Acer ginnala Picea pungens And add These trees shall be restricted quantities and location must be approved by the city in a landscape plan Under the table of trees to show they are restricted specIes ISSUE Bluff areas and dedicated park land like wetlands are unbuildable areas If an area cannot be developed it should not be included in the overall canopy coverage and tree preservation for a site Doing so credits a developer with tree cover that is not theirs to take Sec 18 61 Landscaping and tree preservation requirements 2 Prior to the submittal of development plans a tree survey of the site shall be prepared by a registered landscape architect licensed forester or other professional approved by the city This survey shall include the species DBH size condition location of all trees over ten inches in diameter and any damaged or diseased trees on site All significant special damaged or diseased trees shall be tagged and identified by number on the survey A delineation of the existing canopy coverage area s which outlines all areas covered by tree canopy shall be included as part of the survey Additionally all damaged and diseased trees shall be cataloged with the nature and extent of any damage or disease specified a Based on this survey and either site observation and measurement or a current aerial photograph taken within one year of the date of plan submittal interpretation the following shall be calculated 1 Base line canopy coverage 2 Minimum canopy coverage requirements b The following table shall be used to determine the minimum amount of canopy coverage that must be maintained or provided on site as part of the development It shall represent the minimum canopy coverage consisting of existing tree canopy andor additional trees required for the site Existing wetland areas bluff areas and dedicated park land located on site shall be excluded from the calculation of site area in the determination of site coverage If a forested area is to be dedicated to the city for park land then this area shall not be included in the base line 227 Planning Commission September 4 2007 Page 5 of9 canopy coverage area calculation nor shall it count towards the minimum canopy coverage for the site PROPOSED CHANGE Amend Sec 18 61 d 2 b to include Existing wetland areas bluff areas and dedicated park land located on site shall be excluded from the calculation of site area in the determination of site coverage If a forested area is to be dedicated to the city for park land then this area shall not be included in the base line canopy coverage area calculation nor shall it count towards the minimum canopy coverage for the site CHAPTER 20 ISSUE The Freedom to Breathe Act was passed by the Legislature on May 12 2007 signed into law on May 16 2007 and will be effective Statewide on October 1 2007 The purpose of the Freedom to Breathe Act is to protect employees and the general public from the hazards of secondhand smoke by eliminating smoking in public places places of employment public transportation and at public meetings The Freedom to Breathe Act prohibits smoking in all indoor public places and at public meetings in all indoor places of employment work including lunchrooms lounges and offices in all bars and indoor private social clubs and on all public transportation As a result of the Freedom to Breathe Act local establishments will want to create outdoor smoking shelters to accommodate their patrons Rather than respond on an ad hoc basis the City feels it necessary to set standards for the construction of outdoor smoking shelters Staff researched other cities Most ordinances address the distance smoking must be from the main entrance of a building This ranges from 5 feet in Meeker County to 25 feet in Beltrami County However staff found that the City of Bloomington addressed standards for a permanent smoking shelter Staff proposes that the standards in Bloomington are similar to standards that would be applicable to Chanhassen Staff has developed the following recommendation based on the research of neighboring cities as well as the guidelines set forth by the state Sec 20 904 d Accessory outdoor smoking facilities public places 1 A detached accessory outdoor smoking shelter shall be located within the buildable lot area in the rear or side yard 2 Smoking Shelters shall not be closer than 25 feet to any entrances exits open windows and ventilation intakes of public places 3 Smoking shelters shall not be more than 200 square feet in area and have a maximum height of 16 feet 228 Planning Commission September 4 2007 Page 6 of 9 4 The smoking shelter must be aesthetically compatible with the overall architecture of the building or development 5 Smoking shelters must be detached from the principle structure 6 Smoking shelters shall not be more than 50 enclosed at anytime 7 Service of food and alcoholic and non alcoholic beverages is prohibited in smoking shelters 8 Smoking shelters must comply with Building Code 9 Smoking Shelters must receive a building permit PROPOSED CHANGE Add Sec 20 904 d Accessory outdoor smoking facilities into Chanhassen City Code ISSUE Help wanted signs do not require a sign permit nor does the city code have any restrictions for the size of such sign Staff researched local cities to determine size and location restrictions for Help Wanted signs and came up with the following recommendation Sec 20 1255 12 Employment opportunity signs help wanted which advertise job opportunities for a specific location upon which the sign is located subject to the following conditions a One nonilluminated sign is permitted per street frontage b A banner shall not exceed 100 square feet of display area and must be affixed to the principle structure c Freestanding signs shall not exceed 16 square feet of display area and 8 feet in height d No such sign shall be located less than ten feet from any property line e All temporary employment opportunity signs shall be removed within seven days after the posted position has been filled PROPOSED CHANGE Add Sec 20 1255 12 Employment opportunity signs into Chanhassen City Code 229 Planning Commission September 4 2007 Page 7 of 9 ISSUE At the July 9 2007 City Council meeting staff presented clarification of ground low profile sign display area within the lOP district The Planning Commission had directed the monument signs in the lOP districts adjacent to State Highways be permitted to have 80 square feet of sign display However there was an omission in the ordinance ie language was not inserted that was approved by the City Council Staff is working to correct this omission in the ordinance Sec 20 1304 Industrial Office Park Signs 1 Pylon business signs Pylon signs are permitted on parcels that abut State Highway corridors only One pylon or one ground low profile industrial office park identification sign shall be permitted A pylon sign shall not exceed 80 square feet in sign area and shall not exceed 20 feet in height Such sign shall be located at least ten feet from any property line 2 Ground low profile business signs One ground low profile business sign shall be permitted per site for each street frontage Such sign shall not exceed 64 square feet except on a State Highway in display area nor be greater than eight feet in height Such sign shall be located at least ten feet from any property line A ground low profile on a State Highway may not exceed 80 square feet and eight feet in height Such sign shall be located at least ten feet from any property line PROPOSED CHANGE Amend Section 20 1304 2 to add A ground low profile on a State Highway may not exceed 80 square feet and eight feet in height Such sign shall be located at least ten feet from any property line CHAPTER 1 The changes to Chapter 1 are intended to be informational in nature The Planning Commission does not have to act on the changes to this chapter However since they are related to the changes to Chapter 20 regarding the smoking shelter we want to inform the Planning Commission ISSUE The Freedom to Breathe Act will be effective State wide on October 1 2007 Staff is working to amend Chapter 20 to include standardized smoking shelter requirements to accommodate local establishments Staff feels the following definitions should be added to the list of definitions in Chapter 1 to fully incorporate the Chapter 20 amendment Sec 1 2 Rules of construction and definitions Indoor area means all space between a floor and a ceiling that is bounded by walls doorways or windows whether open or closed covering more than 50 percent of the 230 Planning Commission September 4 2007 Page 8 of 9 ombined surface area of the ertical planes constituting the perimeter of the area A wall for the purpose of smoking shelters includes any retractable divider garage door or other physical barrier whether temporary or permanent Public transportation means public means of transportation including light and commuter rail transit buses enclosed bus and transit stops taxis vans limousines and other for hire vehicles other than those being operated by the lessee and ticketing boarding and waiting areas in public transportation terminals Smoking means inhaling or exhaling smoke from any lighted cigar cigarette pipe or any other lighted tobacco or plant product Smoking also includes carrying a lighted cigar cigarette pipe or any other lighted smoking equipment tobacco or plant product intended for inhalation PROPOSED CHANGE Amend Sec 1 2 to include definitions for Indoor area Public transportation and Smoking CHAPTER 7 The changes to Chapter 7 are intended to be informational in nature The Planning Commission does not have to act on the changes to this chapter ISSUE City auditors have recommended that landscape escrows be purged from our accounts within a reasonable amount of time In the past escrows have been held in our files for up to 8 years without satisfactory completion of the required landscaping improvements Depositing the money in a tree planting fund would convey the intent to beatify our city and neighborhoods Sec 7 24 Landscaping security If the lot on which a certificate of occupancy for a single family dwelling is requested is subject to landscaping requirements set forth in the development contract with the City a certificate of occupancy shall not be issued unless the landscaping has been completed or unless a 750 00 fee or such other amount as determined by the City s Community Development Director in the form of a cash escrow or letter of credit is furnished to the City guaranteeing completion within 60 days weather permitting If the landscaping requirements are not met within one year of the completion deadline the money shall be forfeited and deposited into the City tree planting fund PROPOSED CHANGE Amend Sec 7 24 Landscaping security to read If the landscaping requirements are not met within one year of the completion deadline the money shall be forfeited and deposited into the city tree planting fund 231 Planning Commission September 4 2007 Page 9 of 9 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions The Chanhassen Planning Commission recommends that the City Council adopt the attached ordinances amending Chapter 18 and Chapter 20 of the Chanhassen City Code A TTACHMENTS 1 Ordinance Amending Chapter 18 Subdivision 2 Ordinance Amending Chapter 20 Zoning 3 Ordinance Amending Chapter 1 General Provisions 4 Ordinance Amending Chapter 7 Buildings and Building Regulations g plan bg cily codesepl revisions 2007 18 20 pc memo ch 7 18 20 sept 2007 revisions doc 232 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 952221 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 11 MEMORANDUM TO 4 0 Paul Oehme City EngineerDir of Public Works Krista Torgerson Natural Resources Technician Vl t FROM DATE September 24 2007 SUBJ Lake Riley Woods Channel Stabilization and Restoration SWMP12 035B Approve Plans and Specifications Authorize Ad for Bids BACKGROUND On June 23 2007 the Carver Soil Water Conservation District Board of Supervisors approved the State cost share application submitted by the City of Chanhassen for a grade stabilization project located on the Don Deal property at 9390 Foxford Road in the amount of 8400 or 50 of the total cost whichever is less DISCUSSION The City is experiencing problems with the drainage channel that begins where the City storm pipe outlets onto the Deal property and continues through the Deal property to a wetland before emptying into nearby Lake Riley Severe erosion has occurred causing the channel to cut to a depth of ten feet or more at the outlet and to a length of approximately 300 feet along the channel Further inspection of the channel shows that the erosion is increasing along the length of the channel and also cutting the channel to further depths On August 22 2007 three options were presented by Hansen Thorpe Pellinen Olson HTPO Inc for the drainage channel on the Deal property These options included a riprap channel lining Armorflex 30S channel lining and a pyramat channel lining along with reconstruction plans specifications and cost estimates for each option After discussion between City staff and HTPO staff it was decided that the riprap option would be the best option for the Lake Riley Woods Channel Stabilization and Restoration Project based on experience with the material in similar projects cost and water quality benefits This plan will include removal of only necessary trees minimal grading of the channel slopes to aid in slope stabilization installation of Class III Riprap including geotextile along a 300 foot length of the channel and additional check dams along the channel where appropriate Erosion protection topsoil and seed will also be installed as part of the restoration process In exchange for the project the property owner is granting the City a drainage and utility easement expansion to include the entire channel area needing maintenance on the Deal property The drainage channel through the Deal property is a drainage as well as The City ot Chanhassen A growing community with clean lakes Quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play233 Paul Oehme Lake Riley Woods Channel Stabilization September 24 2007 Page 2 water quality concern and needs to be properly maintained by the City of Chanhassen Funding for this project has been budgeted in the 2007 Surface Water Management Fund The current project estimate for the work is 57 000 less 8400 granted by the Carver Soil Water Conservation District The anticipated schedule of the project is as follows Bid Opening Award Contract Start Construction Substantial Completion October 18 2007 November 13 2007 November 15 2007 May 2008 RECOMMENDATION Staff recommends that City Council approve the plans and specifications using the riprap channel lining option completed by Hansen Thorpe Pellinen Olson HTPO Inc for the drainage channel on the Deal property and order the ad for bids for City Project No 07 035B Attachments g engswmp fiJes lake riley woods 9 24 07 approve ps order ad for bid 2 doc 234 x IWlH lii I a S tl1 I en o z CfZZwO 0 0 1UOO1 CJ o Z cnl gWOW Z c 0 Oa f2 UaO Cf O WWOen0I u O OIu O Z o IZ W 0 ZaZO W II EU W I o a 8g i Ii i o b z I E g i b s i mi g i en 1II t illll W ii IS 1 0 o Il S b Sg Ila i Ii g Z Iilili h s n Ew 0 w x en N 0 II I 3co o g Z i5 i W lD W HI I u C HH j cC 1 a g I 5 dr 1 o H b a G CC fIi h Z o fpl g 5 i iH 1 flit I 1 0 i r o i 0J o Z W o W J iIi l X Ii q I ill l1i 0 I il i0 r j o nNt LlI tlltolSlll 1 Y1 3 235 Z i j z 5 0 lF zu0 N 010 I O e w tz 1z l I U i tl5u a r n I u F cr N n Io BIl tie GJ D D nil Ol II I z00z I lU J I U Zz0 UJ W O CLlJ II l w 1iw w IIOi z I IIIIS1d 15 01PI IEIat Iti r1nhl i li 6 j IPldl1irtlH 1J li W ls j io lu 01 z g8 ILi litLlj0 IJijF r o r c VOlII O rDtolioonlfrlOZO lJlIlDlDl OoWll8lll IIIdUz lOlIlill 3IIW3JllIDl TIfJI NIIJIII JnOIVl lIIO 7U 236 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 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 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us lVYJ MEMORANDUM TO Todd Gerhardt City Manager Laurie Hokkanen Assistant City Manager iJLFROM DATE September 19 2007 RE Elected Official Travel Approval BACKGROUND In accordance with State law the City of Chanhassen has a policy in place governing elected official travel Pursuant to this policy all out of state travel by City elected officials must be approved by the City Council The out of state travel requested for consideration is for attendance by Mayor Tom Furlong to a Community Forum in Madison Mississippi Communities named as Best Places to Raise a Family by Family Circle in 2007 will convene November 7 9 2007 This trip meets the following criteria established by the City s travel policy The elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials The majority of the cost flight hotel of this trip is being borne by the sponsoring city Madison Mississippi The City will be responsible for meals The city has sufficient funding available in the budget to pay the cost of the trip RECOMMENDATION Staff recommends approval of this request Approval of this item requires a majority of Council approval The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play G AdminLHMayor Letters Outof State Travel Request Madison Miss Staff Report doc 237 d PATROL DIVISION CHANHASSEN STATION Memo To Mayor City Council From Sgt Peter Anderley Y6 Date 09 11 2007 Re Items for September Council Meeting 1 Sheriffs Office Area Report August Attached 2 Sheriffs Office Area Citation List August Attached 3 Community Service Officer Report 4 Miscellaneous Items I will have brief information for Council on recent activities or items of interest 238 City of Chanhassen Reports For August 2007 239 Listed below is a description of each of the different classifications of calls for service which the Carver County Sheriff s Office received and processed for your area ICRIMINAL Part I Crimes 13A Arson Intentionally destroy property by fire AA Assault Aggravated Assault where substantial injury is caused or deadly weapon used B Burglary Breaking into a residence or business H Homicide Intentional taking of a persons life R Robbery Taking of property in the presence of another with use of force SR Rape Forcible sexual assault T Theft Taking of property stealing V Theft Vehicle Theft of a motorized vehicle Part II Crimes 6 Abuse Neglect Chargeable abuse or neglect of children or adults A Assault Altercation between parties where actual physical harm occurred OFP Court Order Violations Violation of court orders DP Disturb Peace Chargeable disturbance of peace Harassment disorderly conduct D Drug Violation All drug violations possession of sale of manufacture of G Gambling Unlawful operate promote or assist in the operation of gaming LV Liquor Laws Illegal Consumption sale or possession of liquor M Misc Criminal Minor offenses that do not fall under any other classification P Property Damage All damage to property including vandalism littering and trespassing on propert 5R Runaway Juvenile runaway S Sex Crimes Misc sex crimes criminal sexual conduct sexual abuse pornography indecent exposure 30 Suspicious Activity Suspicious activity where charges result U Theft Related Fraud credit card theft ID theft issuance on bad check counterfeiting swindle J Traffic Alcohol Traffic stop or accident involving a driver under the influence of alcohol or drugs 1 Traffic Other Traffic stop that results in a traffic criminal charge DAC IPS Hit and Run W Weapons Violation of manufacture sale purchase transport use of firearm 240 NON CRIMINAL 6 Abuse Neglect NC Investigation of abuse or neglect of a child or adult where no charges are filed AD Adoption Record Check Records check for persons adopting a child 3 Alarm Checking on an alarm at a private residence or business 9 Animal Animal bites stray animals All calls involving animals 12 Assist other Agency Assist other law enforcement office state patrol or government departments 54 Auto Accd Fatality Auto accident in which a fatality occurred 52 Auto Accd Injury Auto accident in which injury and property damage occurred 50 Auto Accd Prop Damage Auto accident in which property damage occurred 51 Auto Accd MV vs Deer Auto accident involving a motor vehicle and deer 20 Boat Water All incidents involving boats watercraft and or lakes CCA Child Care Assistance All background checks for soc Ser Unlicensed child care assistance 60 Child Custody Dispute Incidents involving dispute over child custody 16 Civil Process Service of civil papers court orders Assist with civil stand by situations DP Disturb Peace NC Noise harassments disturbance of peace where charges are not filed 4 Domestic Verbal argument between parties where no charges are filed Must have relation 80 Driving Complaint Complaints of bad driving behavior D Drug Information Information regard drug activity No charges filed EP Employment Background All background checks for employment 13 Fire Call Fires and assist to fire departments 24 Gun Permit Acquire Application for a permit to purchase a handgun 25 Gun Permit Carry Application for a permit to carry a handgun 26 Gun Permit Transfer Applicaton for the transfer of one registered gun to another 27 Explosive Firearms Dlr Application for a permit for explosives or firearms dealer license 11 House Business Check Check on residences or business when owners are away from property LDC License Day Care Background check for licensing day care LFC License Foster Care Background check for licensing foster care LL License Liquor Background check for liquor licensing LP License Peddler Background check for peddler licensing 10 Medical Assist persons with medical issues natural cause deaths 15 Mental Health Suicides 72 hr holds for mental health issues 1 Misc Non Criminal General law enforcement questions citizen assists lost and found property civil matters council packets and meetings juvenile disciplinary issues etc 5 Missing Person Missing Lost person NC Name Change Court order legally changing an individuals name 31 Open Door Located an open door to a business or residence 14 Prowler NC Person on property who does not belong window peeper No charges filed 99 Sex Offender Tracking Request from State to check location of registered sex offender 30 Suspicious Act NC Suspicious persons acts or vehicles no charges 21 Snowmobile All incidents involving snowmobiles 8 Traffic Mise Misc traffic issues stalled vehicle debris on roadway traffic control parking violations vehicle in the ditch and motorist assists 88 Traffic Radar Display Traffic Speed Radar wagon 38 Traffic Stops All traffic stops initiated by officers 17 Transport Transport persons for various reasons 2 Unlock Veh Bldg Unlock doors of automobile residence or business for owners 18 Warrant Issued Warrant issued by Carver County Court Administration 19 Warrant Service Service of warrant for Carver County and other counties 241 CARVER COUNTY SHERIFF S OFFICE City of Chanhassen Month of August 2007 I CITATIONS 2007 M 6 TH 2007 1 2 o 5 o o o 43 3 ravated Part II Crimes Abuse Nealect 0 0 Assault 7 36 Court Order Violation 1 8 Disturb Peace 10 73 Drua Violations 0 30 Gamblina 0 0 Liauor Law Viol 2 38 Misc Criminal 4 18 Prooertv Damaae 39 192 Runawav 3 24 Sex Crimes 0 9 Suspicious Activity 0 0 Theft Related 6 73 Traffic Alcohol 7 51 Traffic Other 0 2 Weapons 0 0 Total Part II Grimes 79 554 ITOTAL CRIMINAL 132 835 2006 I I M TH 2006 2 0 0 0 3 4 34 0 0 0 0 0 1 36 280 4 20 44 338 0 6 11 59 4 16 13 50 4 19 0 0 5 28 5 29 44 182 1 15 1 12 1 7 9 75 4 57 1 9 0 1 103 565 147 903 242 2007 2007 IVIUNln YTD I INON IAbuse NeQlect not charQable 2 30 Adoption Records Check 0 0 Alarm 110 760 Animal 54 410 Assist other Aaency 11 79 Auto Accd Fatality 0 0 Auto Accd Iniurv 6 61 Auto Accd Prop Damaae 44 347 Auto Accd MV Deer 2 21 Boat Water 14 81 Child Custodv Dispute 1 12 Child Care Asst Unlicensed 0 3 Civil Process 1 19 Dist Peace not charQable 38 277 Domestic not charQable 3 49 DrivinQ Complaints 71 425 DruCl Information Only 4 13FireCall26161 Gun Permit Acauire 9 63 Gun Permit Carrv 2 42 Gun Permit Transfer 0 0 Explosive Firearms Dlr Permit 0 0 House Business Check 1 17 License Day Care 0 23 License Foster Care 2 14 License Liquor 0 28 Medical 50 429 Mental Health 8 48 Misc Non Criminal 90 590 MissinQ Person 2 22OpenDoor119 Prowler not charaable 2 11 Snowmobile 0 13 Suspicious Act not charaable 112 728 Traffic Misc 138 1057TrafficRadarDisplav00 Traffic Stops 332 2642 Transport 0 1UnlockVehBlda1286 Warrant Service 12 92 IUIAL NUN 1160 8673 ITOTAL REPORTED 1292 9508 2006 MONTH 2006 YTD 5 40 0 5 82 589 64 324 5 85 0 0 13 58 50 81 2 22 6 56 3 17 0 0 4 7 54 303 4 43 47 364 2 18 14 171 1 43 0 24 0 1 0 0 1 10 3 36 4 21 0 1 37 392 7 33 86 507 6 22 8 54 1 7 0 7 140 732 123 1067 0 1 296 3018 0 1 13 84 10 53 1091 8297 1238 9200 243 Wo J u 0 LL 0 o D enLL W O ZOWW I enwen J ZI CZOO J O O O LLWOW0 00OON ot 0 T f f a a T T ot N T a QuE a QL a 0 p Q19f I N a lO a a a f f ot I a a co a a a I a ti ot IQc a a f a a a coN T IliU a a f a a a co a N Ib T T N a a a N N N L a a I a a a lO f T J a a f a a T a T N I J a N lO a a a co T C T 0 III Qro Q5 m Q 0 III Q QE c 1 I Q I 02 I C J 1 0 m Ie E 0 f f 0 Q I f J 0 0 m c c 0 CD J a a l I t co f a co co N ot f T a f co I f a f T 0 N 0 a I 10 N a T aa0p a I a a a N ot 0 f a 0 co I a a f a 0 a 10 I a co 0 N a T N a a f T I a f co 10 a 10 a T a 0 l T 0 co a ot N N a 0 f 0 10 f 0 ot co a a fJ a co N a 10 a ot T co T T a co a a a a N co N a 10 co N a a N N a a fri T a N a co N a a ot N N a ot f a a a T 10 I a a N lO T a a 0 ot T a fC III 0 Q lJ I E 0 0 8 III f 0 m 0 u Q c ro E u Q c L a Q u 0 0 Q L 5 ro c E 9 Q lJ m f u Q lJ E Q Q f Q 5 1 8 0 a 0 m iU E J f L C I 0 a c 0 J I I 0 C 0 0 Q J L 0 L I U U 0 f m 1 J g E 0 3 Ig m 1 9 E E 1 J J C 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oooooooo000000000000000000000000000000000000000000OlrloorOrr ooOO ooONM M N r M r M M r t O lrlr lrl lrl lrlV lrlNNlrlNlrllrllrlNlrlMMMNMMMMMMM MM MMMMMMMM MMMM00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000lrlv lrllrlv lrllrllrllrllrllrllrllrllrlNNNNNNNNNNNNNN00000000000000 00 2al alCs o jQS2lrl rir r r r 00000 0 N N 00 0000M 0lrl lrl N M M M l00000000000000lrl lrl N N00 253 CJZrJ1lZou IooM002cEIoo oVN tI 00 0 al jcaleo ooN0o0o IIzzzzzzzzzs4E Vl 0 s 1 f 09 S al 0 0 Vl b tI l s Js Ood o al 00 oo I O U oo s 00 4 s Uss s 25 0 03 Uc S c 0 u sa 4 ol 0 4 0 0 t O OZ Gl0oU 0 uOO O OO Ol N OO OO NOO I O q02ol sl III 1 1 1 1 1 1 QggggggO t21ll00000100V 1 Z I I N C rro 1 rro s 0 0 0000OOO000Oggg 0 0 0 I V V 00 1 N1 1 1 1 M 1000000000000000000 I I I 0001 0000 l l N I I M 00 00 000001 0 I 0 0 0 11 1 1 rro000000000000 rJ1rJ1 0 rJ1Z001I E g 0E0gulEoE 10 0 0 0 0 0 0 0 0 V l l V V l V l lggggggggg 254 August CSO Highlights Total Calls CITY OF CHANHASSEN Animal Wild animal calls 4 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 22 Barking Dog 0 Administration Phone 952 227 1100 Fax 952227 1110 Animal at large 7 Impounds 7 Building Inspections Phone 952227 1180 Fax 952 227 1190 Miscellaneous 4 Traffic Personal injury crash 3 Engineering Phone 952 227 1160 Fax 952227 1170 38 Property Damage crash 3 Finance Phone 952 227 1140 Fax 952227 1110 Stall Motorist assist 20 Park Recreation Phone 952227 1120 Fax 952 227 1110 Other Traffic 12 Vehicle Lock Out 8 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Parks Park Ordinance Enforcement 22 Code Enforcement Planning Natural Resources Phone 952 227 1130 Fax 952227 1110 Junked Vehicle 0 19 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Parking 3 Outdoor Storage 0 Senior Center Phone 952227 1125 Fax 952 227 1110 Misc 16 Other Medicals 7 Web Site www ci chanhassen mn us 24 Fire Calls 3 Other 9 Found Property 5 August Comparison 2006 2007 Lock Outs Animal Traffic Code Other Parks 12 Lock Outs 8 55 Animal 22 50 Traffic 38 31 Code 19 19 Other 24 Parks 22 Total 182 Total 133 Year To Date Comparison 2006 2007 Lock Outs 91 Lock Outs 56 Animal 277 Animal 232 Traffic 384 Traffic 285 Code 207 Code 178 Other 260 Other 172 Parks Parks 145 Total 1219 Total 1068 The City of Chanhassen A growing community with clean lakes quality schools a channing downtown thriving businesses winding trails and beautiful parks A great place to live work and play255 Lb CHANHASSEN FIRE DEPARTMENT P O Box 97 7610 Laredo Drive Chanhassen MN 55317 Bus Phone 952 227 1200 Minnewashta Station NO 2 Phone 952 474 7094 MEMORANDUM TO Todd Gerhardt City Manager FROM Gregg Geske Fire Chief Roger Smallbeck 15t Assistant Chief Randy Wahl 2nd Assistant Chief Mark Littfin Fire Marshal O r DATE September 14 2007 SUBJ Monthly City Council update Fire Department Overview Staffing is at 47 active firefighters as of September 14 2007 allocation is 45 PTEs As of September 2 2007 we have responded to 389 calls up 32 calls from 357 at the same time last year We have not had any structure fires since our last council update Planning is in full swing for the Fire Department Open House Fire Training This month s training consisted of medical skills stations and rescue equipment training Fire Marshal The Fire Department investigated three porta potties which were destroyed by fire in the late hours of the night Arson posters were put up in the area however there are no leads or suspects Fire Inspections We are keeping busy doing inspections at various construction projects including Life Time Corporate Office Chanhassen High School Town and Country Homes Mamac Industries Outset Inc on Galpin Court and numerous small remodeladditions 256 Todd Gerhardt September 14 2007 Page 2 Fire Prevention The Fire Department is in the final preparation stages for Fire Prevention Week Actually it has grown into Fire Prevention Month working with all the schools day care centers and other groups requesting station tours and fire prevention talks When all is done we will have made contact with close to 5 000 pre school kindergarten and elementary students in grades 1 through 5 The Fire Department Open House is scheduled for Sunday October 14th from 11 00 to 3 00 Hope to see you there aZ i Vlti yV V A II I J 257 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952227 1404 Planning Natural Resources Phone 952 227 1130 Fax 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 3 MEMORANDUM TO Todd Gerhardt City Manager FROM Kate Aanenson AICP Community Development Director IADATESeptember242007Jf SUBJ Dorsey and Fox Wetland Exemption Appeals BACKGROUND On August 27 2007 the City Council held a public hearing on the appeal of staff s decisions on the Dorsey and Fox Wetland exemptions At that meeting the City Council heard a presentation of the appeals and staff interpretation from Lori Haak The applicant Rick Dorsey with approval from Jeff Fox provided a booklet dated August 24 2007 summarizing points of appeal findings of fact and exhibits to support their appeal The City Council closed the public hearing and tabled action so that staff could review the information received The applicant granted the city an extension of the review period to October 1 2007 The City Council also granted the applicant an opportunity to provide any written arguments by August 31 To date the City has not received any written arguments therefore all testimony on this item has been acknowledged ANALYSIS In summary there are two major issues for the City Council to decide 1 Are the exemption standards applied correctly 2 Is the interpretation of the lO year deed recording correct the City Attorney will respond to this issue One of the points made by the applicants appeal is the cropped interpretation The contention was that hay is a crop and that the basin was hayed We agree that there was hay in the basin but the area was not annually seeded and not in crop rotation The law provides the area must be planted with annually seeded crops or must be in a crop rotation ofpasture grass or legumes 6 of 10 years before 1991 The applicants other appeal is the size and type of Basin 1 The staff has determined this wetland to be a Type 3 wetland with a Type 2 fringe over 2 acres in size In order to apply for the exemption under the law the wetland must be a Type 1 or Type 2 wetland Even if it were found to be a Type 2 wetland the exemption would not apply because it is approximately 33 acres which is larger than 2 acres in size 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 play258 Dorsey Fox Wetland Exemption Appeals September 24 2007 Page 2 RECOMMENDATION Staff is recommending the City Council make the following motion The City Council upholds staff s decision on all five 5 exemptions and affirms the Findings of the Technical Evaluation Panel TEP with the exception that the lO year deed restriction is no longer required A TTACHMENTS 1 Wetland Map 2 Legal Opinion dated September 18 2007 3 Findings of Fact and Exhibit A 4 Staff report dated August 27 2007 w o attachments 5 City Council Minutes dated August 27 2007 g eng Iori wetlands exemptions dorsey fox exemptions appealed dorsey fox appeal cc 9 24 07 doc 259 Wetland Map it 7 f I J 260 Thomas J Campbell Roger N Knutson Thomas M Scott Elliott B Koetsch 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 651452 5000 Fax 651 452 5550 www ck Iaw com CAMPBELL KNUTSON Professional Association Author s Direct Dial 651 234 6215 E mailAddress rknutsoll@Jk law com September 18 2007 CHANHASSEN MAYOR AND COUNCllMElVIBERS Thomas A Furlong Mayor Vicki Ernst Councilmember Bryan Litsey Councilmember Craig Peterson Councilmember Bethany Tjornhom Councilmember RE Dorsey and Fox Wetland Exemption Appeals Dear Mayor and Councilmembers After the Technical Evaluation Panel and City Staff had evaluated the Dorsey and Fox wetland exemption applications the State law and State Rules were amended Under the amended statute Chapter 47 2007 Session Law and Amended Rules Minnesota Rilles 8420 0115 and 8420 0122 the ten year deed restriction requirements for exemption determination under Minnesota Rules 8420 0122 subpart IA have been eliminated Based upon how Minnesota Courts deal with the law changing pending ajudicial appeal the Council shoilld apply the current law and delete the ten year deed restriction requirement See Interstate Power Co Inc v Nobles County Bd Of Comm rs 617 N W2d 566 575 Minn 2000 citing Holen v Minneapolis St Paul Metro Airports Comm n 84 N W 2d282 287 Minn 1997 The only remaining issues for the Council to decide are whether or not the Dorsey Basins 1 and 2 and the Fox basin are exempt or are not exempt Regards RogerN son RNK sm cc Todd Gerhardt City Manager Kate Aanenson Community Development Director 261 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA IN RE Application of Dorsey and Dorsey and Jeff and Terri Fox and Fox Properties LP for Wetland Act Appeal of an Exemption Determination FINDINGS OF FACT AND DECISION On August 27th and September 24th 2007 the Chanhassen City Council met at its regularly schedule meeting to consider the Application of Dorsey and Dorsey Dorsey and Jeff and Terri Fox and Fox Properties LP Fox for Wetland Act Appeal of an Exemption Determination The 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 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 Local Governmental 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 134066vOl RNK 0917 2007 1 262 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 8420 0210 states that An exemption may apply whether or not the local government unit has made 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 ordimince However certificates of exemption or no loss must be obtainedfrom the city prior to starting work emphasis added 9 The applicants exemption application was fully evaluated by the Technical Evaluation Panel TEP and City Staff See staff reports of the August 2ih and September 24th 2007 City Council Agendas which are incorporated herein 10 The Dorsey application involves four basins and the Fox application involves one basin 11 With regard to Dorsey site 1 and 3 there was hay in the basins but the basins were not annually seeded or in a crop rotation in six out of ten years before 1991 12 There was annual seeding and crop rotation in basins 2 and 4 to meet the exemption criteria Because of recent statutory and Rule changes the ten year deed restriction is no longer required 13 With regard to the Fox site the wetland is a Type 3 with a Type 2 fringe and therefore ineligible for the exemption applied for by the applicant Even if the basin were determined to be a type 2 wetland it would still be ineligible for the exemption because it is over two acres in size DECISION The City Council affirms the April 6 2007 Notice of Decision regarding the Fox and Dorsey properties except that a recorded deed restriction relating to the exemption determination for Dorsey sites 2 and 4 is not required 134066vOl RNK 091l72oo7 2 263 ADOPTED by the Chanhassen City Council this 24th day of September 2007 CITY OF CHANHASSEN BY Thomas A Furlong Mayor ATTEST Todd Gerhardt City Manager Clerk 134066vO I RNK 09 1712007 3 264 EXHIBIT A Dorsey Dorsey Parcel Number 25 0230400 NW1I4 SW1I4 Section 23 Township 116 Range 023 West Carver County Minnesota Jeffrey Terri Fox Parcel Number 25 0230500 NE1 4 SW1 4 Section 23 Township 116 Range 023 West Carver County Minnesota EXC THAT Pia SHOWN AS PARCEL 64 ON MN DOT R O W PLAT 10 19 265 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952227 1190 Engineering Phone 952227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 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 952227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952227 1310 Senior Center Phone 952227 1125 Fax 952 2271110 Web Site WINI ci chan hassen mn us MEMORANDUM TO Todd Gerhardt City Manager FROM Lori Haak Water Resources Coordinator DATE August 27 2007 SUBJ Dorsey and Fox Wetland Exemption Appeals 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 Any City 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 Dorsey Dorsey property and one 1 on the Fox property Both parties appealed staff s decisions to the Minnesota Board of Water and Soil Resources BWSR which remanded the appeals to the City The City must complete its local appeals process which includes a public hearing before the City Council and decisions by the City Council Staffrecommends that the City Council uphold staff s decisions on allfive 5 exemptions and affirm the Findings of the Technical Evaluation Panel TEP MINNESOTA WETLAND CONSERVATION ACT In 1991 the State of Minnesota passed the Minnesota Wetland Conservation Act WCA which regulates the draining and filling of wetlands within the state Activities 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 chanming downtown thriving businesses winding trails and beautiful parks A great place to live work and play266 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 staff level but requires City Council decisions on wetland impact replacement and banking applications as well as appeals The City has its own wetland regulations Article VI of Chapter 20 of Chanhassen City Code which are administered concurrently with the WCA The more restrictive always applies Generally the City Code is more stringent than the WCA One example applies to this case The WCA Minnesota Rule 8420 0210 states that An exemption may apply whether or not the local government unit has made 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 obtained from the city prior to starting work emphasis added EXEMPTION APPLICATIONS 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 Dorsey Dorsey property and one 1 on the Fox property I t 267 Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 3 Dorsey Dorsey Application The applicant requested an exemption determination for four 4 basins on the Dorsey Dorsey property located in the NWIA of the SWIA of Section 23 Township 116N Range 23W Carver County Minnesota For all four basins the applicant requested exemptions under MR 8420 0122 subpart lA which states A replacement planfor wetlands is not required for 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 Department ofAgriculture records or affidavit of landowner must be required by the local government unit to show and 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 of pasture grass or legumes Basin 4 Exemption request approved The area was annually seeded with crops six of ten years prior to 1991 and is a type 1 or type 2 wetland All exempt wetlands will be subject to the lO year deed recording requirements set forth in MR 8420 0115 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 268 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 in Carver 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 Panel consistent 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 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 of WCA The Findings of the TEP and the staff decision differ from the applicant s interpretation of the rule and the interpretation of the 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 269 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 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 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 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 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 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 8420 0122 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 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 270 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 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 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 in MR 8420 0110 subp 54a items A through C 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 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 271 Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 7 11 Minn Stat 103G 2241 subd l a l and Minn Rules Part 8420 0122 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 excavated and 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 0 7 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 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 0 6 and 0 7 acres The hydric soils in the approximately 0 7 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 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 wetland alteration permit application number 88 16 states that The applicants have met with staff to discuss the creation of a wildlife pond on their property 10 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 The size and type of wetland discussed 272 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 wetland from 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 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 l a l 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 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 H03G 005 subd 10 c Minn Rules Part 8420 0110 subp 20 So noted The term hayland does not appear in MR 8420 0122 subpart 1A 273 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 8420 0110 subp 4 So noted The term agricultural land does not appear in MR 8420 0122 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 thatis 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 The terms annually seeded and rotation are significant in the application of MR 8420 0122 subpart 1A The term pasture does not appear except as a modifier for the term grass therefore this differentiation is not significant 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 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 274 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 NEl4 of the SWl4 of Section 23 Township 116N Range 23W Carver County Minnesota For this basin the applicant requested an exemption under MR 8420 0122 subpart 1D which states A replacement plan for 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 3 3 acres in size The appeal submitted on behalf of Jeff 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 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 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 275 Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 11 The staff decision was based on the Findings of Fact prepared by the Technical Evaluation TEP Panel consistent 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 SW of 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 in MR 8420 0110 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 276 Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 12 The TEP disagrees regarding the purpose of the pond The staff report for the wetland alteration permit on the neighboring Dorsey Dorsey property application number 88 16 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 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 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 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 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 of wetland 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 wildlifeversion 05JAN99 and summarized in MR 8420 0110 subp 54a items A through C the grading plan for the wetland alteration permit on the neighboring Dorsey Dorsey property application number 88 16 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 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 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 277 Dorsey Fox Wetland Exemption Appeals August 27 2007 Page 13 STAFF RECOMMENDATION Staff recommends that the City Council 1 Hold a public hearing 2 Consider all testimony and evidence and 3 Adopt a motion upholding staff s decisions on all five 5 exemptions and affirming the Findings of the Technical Evaluation Panel TEP RECOMMENDED MOTION The Chanhassen City Council upholds staff s decisions on all five 5 exemptions and affirming the Findings of the Technical Evaluation Panel TEP A TTACHMENTS 1 Findings of Fact 2 FoxDorsey Wetland Exemption Appeal Location Map 3 Affidavit of Publication reo Appeals of Dorsey Dorsey and Jeff and Terri Fox dated June 28 2007 4 Order Remand of Wetland Conservation Act Appeal of Dorsey Dorsey dated June 6 2007 5 Memorandum from J Haertel reo Appeal of Dorsey Dorsey dated May 9 2007 6 Letter from G Von Korff reo Appeal of Dorsey Dorsey dated May 4 2007 7 Appeal of Dorsey Dorsey 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 of Notice of Wetland Conservation Act Decision for Dorsey Wetland Exemption dated April 6 2007 11 Letter from L Haak reo Dorsey Dorsey Wetland Exemption Application dated April 6 2007 12 Letter from L Haak reo Dorsey Dorsey Wetland Exemption Application Review Period Extension dated April 5 2007 13 Email from B Meyer reo Dorsey Dorsey Wetland Exemption Affidavit of Land Use dated March 20 2007 14 Email from B Meyer reo Dorsey Dorsey Wetland Exemption Aerial Photographs 1981 1986 dated March 12 2007 15 Letter from L Haak reo Dorsey Dorsey Wetland Exemption Application Incomplete dated February 20 2007 16 Letter from B Meyer reo Dorsey Dorsey Wetland Exemption Application dated February 7 2007 278 Dorsey Fox Wetland Exemption Appeals 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 Dorsey Dorsey 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 88 16 dated January 4 1989 21 Wetland Alteration Permit for George Dorsey Wetland Alteration Permit WAP 88 16 recorded September 18 1989 22 Excerpts from Wetlands of the 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 Period Extension dated April 5 2007 30 Letter from B Meyer reo Jeff Terri Fox Wetland Exemption Application dated February 20 2007 31 Aerial photographs 1979 2005 32 Grading plan for George Dorsey Wetland Alteration Permit WAP 88 16 279 City Council Meeting August 27 2007 Chief Greg Geske Thank you Councilman Litsey Yeah thank you very much It was good Mayor Furlong And I think in addition to responding to emergencies we ve had two examples here this month between National Night Out and Miracles for Mitch by the volunteer fires also get out for those events too and I wanted to thank you for that That s a good connection with residents and businesses and those that aren t residents that come to those events especially Miracles for Mitch That s a regional draw now so thank you as well for and please extend our thanks back to the fire fighters and the department for all the time that they put in above and beyond the calls and responding to the pages We sincerely appreciate it Thank you I don t see Sergeant Anderly here We ll mark him as absent Todd Gerhardt Mayor he had a family commitment this evening so he will not be in attendance Any questions or concerns that the council may have on the report I can get those after the council meeting that d be fine Mayor Furlong Okay Any comments at this point or comments that you d like to make or follow up on The one comment that I will make that I m sure Sergeant Anderly would have is school is starting next week so we re going to have children out on the street comers buses driving around Stopping at the most inconvenient spots if you re in a hurry so please slow down and look for children We have a few school zones on some of our major roads Kerber Laredo On Coulter I believe and Kerber so please look for those and be aware that we re going to have young children out running around with lots of excitement beginning probably a week from tomorrow I think for the elementary schools and I think some other schools are starting now so please be aware of that Very good We ll move now to visitor presentations VISITOR PRESENTA TIONS None PUBLIC HEARING CONSIDER APPEALS OF WETLAND EXEMPTION DETERMINA TIONS LOCATED AT THE SOUTHWEST CORNER OF LYMAN BOULEVARD AND POWERS BOULEVARD JEFF FOX AND RICHARD DORSEY Public Present Name Address Brad Wozney Kurt Deter Rick Dorsey Jeff Fox Brent Miller BWSR 520 Lafayette Road No St Paul St Cloud 1551 Lyman Boulevard 5270 Howards Point Road Excelsior 1200 Lyman Boulevard Mayor Furlong Let s start with the staff report and welcome back to Ms Haak Good evening 4 280 City Council Meeting August 27 2007 Lori Haak Thank you Mayor and council members It s my pleasure to be before you this evening to discuss the Fox and Dorsey wetland appeals As we discussed in our work session 2 weeks ago there are a number of issues with this as is probably evidenced by the half of I guess of your packet or electronic space I guess in today s age What we re doing what staff is recommending tonight is that the City Council hold a public hearing regarding this item Consider the testimony and the evidence that have been presented in front of you and adopt a motion adopting the findings of fact that are laid out before you in the staff report in that packet As I believe all the council members are aware there was a document that was provided by the applicant that was received by the City Council over the weekend Staff did not get a copy of that but was able to preliminarily review that but we really have not had a chance to review it thoroughly or to provide comment or even draft revised recommendations in light of that document so that document does request that the council table this item Staff does want to alert the council to the fact that we do have a deadline looming for the consideration of this appeal so ifthe council would like to table this item you would need to receive a letter a written extension before your action tabling the item The City Attorney has briefly just scratched out a letter that would extend the review date to October 1 2007 if the applicant s attorney would like to sign it And then if the council does decide to table the item staff does recommend that the item be tabled to a specific date so if you could give us all something to work for whether it s 2 weeks out or 4 weeks out With that all being said I would like to just begin to give you some more of the background on this project We delved into it just a little bit at the work session but for just to begin oops I m sorry Got ahead of myself there The Fox and Dorsey parcels are located in the southwest comer of Powers Boulevard and Lyman Boulevard in the city of Chanhassen They re both two large agricultural parcels that are abutted by the new Powers Boulevard and are quite close to new Highway 212 As we discussed in the work session there is a specific process that has been followed to this date and number 6 and 7 are the future potential parts of the process We did have applications made for these exemptions There are 5 basins that are affected that decisions were made for The staff decisions were then made There was an appeal filed by the applicants to the Minnesota Board of Water and Soil Resources and a representative from BWSR is here this evening if you have questions specific to him That s Brad Wozney The Board of Water and Soil Resources then repealed or Im sorry remanded that decision or that appeal to this Chanhassen City Council See I m even tripping over the process here So that appeal was made BWSR said there was a local appeal process was not completed so then that came back to the city and that s where the councils decision will fall into this process Then from here once the council has made that decision any aggrieved party can appeal to the Board of Water and Soil Resources and then the Board of Water and Soil Resources would make the final decision So we re kind of in 5 or potentially 7 steps in this process Just by way of orientation to the site On the north on the top of this map is Lyman Boulevard The key intersection you can see there is Powers Boulevard on the top part of the map there The 4 basins are I mentioned earlier that there are 5 Its actually 5 quote unquote basins that are covered by this exemption because 1 basin one of the basins spans two different properties so basin 1 that is basin 1 on both the Dorsey and the Fox pieces and so when it s indicated in the staff report it actually shows up as 2 different basins because there were 2 different exemptions that were applied for on that one basin Basin 2 is in this really right in the center of the Dorsey parcel Basin 3 is in the northwest comer and Basin 4 is in the southwest comer of that parcel So really the decisions to make there is a change in rule that affects the staff report as it was presented previously and I ll get to that at the end But this first part of the staff report is written as if that 5 281 City Council Meeting August 27 2007 change was not made so I ll tell you what the decision was and why it was that way and then explain to you how the change affects that decision So the first really the two decisions that we re faced with is are the exemption standards applied correctly and that s with regard to the wetland things And then is the interpretation of the 10 year deed recording correct and if that s yes the council should uphold staffs decisions and adopt the findings of fact in the staff report So the basin 1 is the one is the basin that spans both properties and as I mentioned earlier there are two different and I apologize for the technical nature of this but we re going to get a little bit into some wetland science here and Ill try to be I ll try to do an overview and keep it simple but feel free to stop me if you re lost at any point The request was an exemption under Subpart l a of the Agricultural Exemption Generally speaking there are two bullet points The area has to be planted with annually seeded crops or has to be in crop rotation of pasture grass or legumes which is beans basically 6 of 10 years before 1991 So that s the first criteria And then the second criteria is that it must be a Type I or a Type II wetland And Type I and Type II wetlands are the seasonally flooded areas that are really more they usually look more like pasture or grassy areas that are low lying areas that are again 6 out of 10 years so most years they re wet but in those other 4 years they could look really dry and you could be able to get a crop out of those So that s the first exemption request on the Dorsey part of that basin which is the west part of that basin For the Fox exemption they requested an exemption of Subpart B which is a little bit different In order to fulfill those requirements for that exemption it has to be a bottom land hardwood Type I wetland which is more typically found in well like riverene type systems or those sorts of areas with hardwood forests Type II or either that or a Type II or a Type VI wetland less than 2 acres in size and a VI Type VI wetland is like a scrub shrub Something with a lot of shrubby vegetation and more woody vegetation than this has and again it has to be less than 2 acres in size And staffs decision was in both of these cases to deny those applications or those exemptions The aerial photography and the best professional judgment by the TEP Technical Evaluation Panel showed us that this was not a Type I or a II wetland Type II wetland and it was not seeded annually or in crop rotation of pasture grasses and legumes so that was the TEP s recommendation and staffs decision And similarly with Fox the Fox exemption for this basin we did find that it was not a Type I or II wetland or a Type VI wetland It was a Type III wetland it was not less than 2 acres in size The whole basin altogether is 3 3 acres And just to give you an idea it might be best is council could take a look at this See if I can okay You re not even going to be able to see that pointer there Alright I apologize to those of you who are at home but this area in here we want to point it on it here You can see it on the monitors a little bit more This is Basin 1 The property line this is the Dorsey property This is the Fox property and this is the area that we re looking at with Basin 1 and normally I wouldn t have included these photos but I think you can see I think you ll be able to see the change in vegetation There is if you look at aerial photos often which those of us on the Technical Evaluation Panel aerial photos are a huge tool for us so we look at a lot of a lot a lot of wetlands in these photos and this area here is really the area that is driving the typing determination and this is from 1981 There were some changes made to this basin after December of 1988 that will show up in the last slide that I ll show you It was excavated and that made it wetter well the contention of the Technical Evaluation Panel is that it was always wet so it may have been wet being a wetter wetland than Type II so that was what was driving our type determination to go to a Type III Type III IV and V wetlands is the wettest types Okay so that was 1981 This is 1988 and in this area because of the shading of this photo it s difficult to see but there is an area that appears to be open water in this area and there s definitely a change 6 282 City Council Meeting August 27 2007 in vegetation in there and so again this is before the alteration took place and this is what was driving the TEP s determination of the different type of basin other than a Type I or II because in Type I and II when these photos were taken you wouldn t see standing water And this is 1990 and here you can clearly see the open water area Im trying to find another area of open water on the site to compare it to and unfortunately I can tsee one right off the top of my head there but this is what open water looks like So yes because this was excavated you would expect to see a type change there And there s some finer points of the deduction that would get into you know the typing you know even after that excavation took place It still remains a Type III IV or V wetland and therefore not eligible for this exemption so are you understanding the aerial photos to the best of your ability Alright So Basin 2 is the basin that is in the center of the Dorsey parcel and again exemption requests was Subpart l a which is plant annually planted 6 of 10 years before 1991 and it has to be Type I or II wetland That exemption was approved by staff because the aerial was annually seeded with crops from 81 through 86 which is 6 of the 10 years It is a Type I wetland and then at this time it was at the time ofthe staff decision it was subject to that 10 year deed restriction and again Ill talk to you about that in a little bit Basin 3 is the wetland in the northwest comer of the Dorsey parcel Again the same exemption was requested This request was denied because again it didn t meet one of those two criteria It was not planted with annually seeded crops or in a rotation of pasture grass and legumes And then Basin 4 is the basin in the southwest comer Again the same exemption was requested and that was approved by staff because it was annually seeded with crops 6 of 10 years prior to 1991 It was a Type I or a II wetland but once again with that approval at that time it would have been subject to the 10 year deed restriction So really the contested points the heart of the applicant s request or appeal are really that the activities are the wetland basins themselves are exempt Not the activities and both staff and the Technical Evaluation Panel and yeah staff and the Technical Evaluation Panel recognize that that s indeed the case in the Wetland Conservation Act It s the activities that are exempt A basin in and of itself is not exempt until an activity is proposed and we can discuss that a little bit more later if you like The exemptions apply at the time of the application not automatically with the passage of the Wetland Conservation Act That kind of goes with the previous one It s not that automatically in 1991 all basins that were exempt under the rules were exempted and you could just go ahead and do as you wish with those It was that the applications must be processed in order for that exemption to apply And now we ll talk about this 10 year deed restriction that I ve been mentioning this evening Up until June what was it August 1 st Up until August 1 st the Wetland Conservation Act had a provision that said that if you drained excavated or filled a wetland under one of the ag exemptions that there was a 10 year deed recording deed restriction that should be placed on the property So what that would mean is if you went out to your property and filled 5 acres of wetland that was exempt under this exemption you wouldn t be able to then develop that to a higher use the following year or something like that So it was intended to be and interpreted to be that type of restriction As of August 1 st this provision is no longer in the Wetland Conservation Act And some of the other exemptions have changed since then which makes this even a little bit more complicated But this restriction does no longer exist within the Wetland Conservation Act Neither the Technical Evaluation Panel nor the local government unit which is the City of Chanhassen were aware of the proposed changes to the rule The City Code relies on the exemption language for the state rules so we don t have a similar provision within our ordinance that talks about this so it s not that the state took it out so now we can back up and just use the city rule We don t have anything similar because we relied on those 7 283 City Council Meeting August 27 2007 provisions in the state rule And staff just wanted to highlight that the TEP recommendation may have been different in light of that rule change so I can t I can t tell you what that discussion would have been but it s possible that that could have been different had we known about this change when we were making our recommendation as a TEP So just in summary there are 3 basin exemption requests that were denied by staff and 2 that were approved It s Basins 1 on both properties were denied Basin 3 was denied and Basins 2 and 4 were approved So once again the staff recommendation is to hold a public hearing to consider the testimony and the evidence that are presented in front of you and to adopt a motion adopting sorry for the spelling Easily changed Of the Findings of Fact as included in the staff report And once again the council does need to have an extension in hand prior to council action if you wish to table this item And with that I would be happy to take any questions you might have Mayor Furlong Thank you Questions for staff at this time Councilman Peterson Couple probably Lori whats staffs interpretation of the crops You know you look at the pasture You look at Im trying to in my mind I was raised on baling hay and alfalfa You don t seed alfalfa every year You hopefully never have to and Im assuming that the act you know there are a lot of farmers that have always had alfalfa that don tseed so as I read your summary it looked as though to qualify under that Act you had to seed every year That doesn t make sense to me so help me understand that Lori Haak Right and we did we went by the letter of the rule I mean that s what we can do That s how it s been interpreted by the Board of Water and Soil Resources and local government units throughout the state is you know it has to be seeded and 6 of 10 years So you could get you know in some of those years you could get something like that But and in addition we did see some of the photographs that appeared in the packet that was distributed by the applicant over the weekend and we had seen some of those in the past and what we can tell you is that based on those photos and the aerial photos it appears that there wasn t especially on Basin 1 one of the photos shows clearly that it s reed canary grass which is not a it can be used as pasture but it s not an annually seeded grass so you know in combination you know of reviewing the aerial photos plus the other photos plus again a strict interpretation of the rule Councilman Peterson Second question You know it sounded by your description that in area 1 that that s probably the most pronounced visually that you could see water and it was an easier for you to determine that it was wetland And in 3 which is the other one of contrast did you ever see water in any of the photos there or not Describe that describe 3 to me as it relates to 1 Lori Haak Sure just one clarification on that The water the open water in Basin 1 isn t so much about whether or not it s wetland It s the type of wetland that it is so I just wanted to make sure we were all on the same page there Type III is you know it s it s a wetland You know its difficult to describe in Councilman Peterson I wasn t asking for defining Type IlL Lori Haak Sure 8 284 City Council Meeting August 27 2007 Councilman Peterson At area 3 how that differs from area 1 because I think they are even by your description they re different types Lori Haak Yep Councilman Peterson So maybe I interrupted you when you were still trying to answer my question Lori Haak No that s okay While Basin 1 does have that deep part and that is really what the crux of the matter is for that basin Again the basin is the correct type or that was the TEP and the staffs decision It was the correct type but it wasn t there wasn t the evidence of the annual seeding in 6 of the 10 years So that s what drilled the decision on Basin 3 is not the typing of the wetland but rather the evidence that was presented regarding that wetland Councilman Peterson Okay Thank you Mayor Furlong Other questions at this time Councilwoman Ernst Just a question that might be probably to Brad I m not sure but does the state have the same interpretation as what the city does on this issue Brad Wozney Chair and Councilwoman Ernst I m one member of the Technical Evaluation Panel so we had a unanimous TEP decision so thus far using the old rules we had a unanimous decision But there s a little bit of question as to how it applies to the new rules Councilwoman Ernst Well there s a little bit of question as to can you tell me what that is Brad Wozney Yeah It has to do with this 10 year deed recording that was mentioned earlier and in addition whether it even whether the all the basins qualified for an ag exemption I believe it was Basin 2 that you know could come into question again applying the new rule Mayor Furlong So to clarify that if I may Basin 2 was approved The exemption request was approved for Basin 2 but it was also the TEP decision was also to include the 10 year deed restriction as part of that approval Are you saying that under the new rules that have eliminated the 10 year deed restriction that Basin 2 may not have met the standard for approval Brad Wozney That s possible yes Mayor Furlong What changed there because the as Im reading the exemption was approved because it was annually seeded with crops from 81 to 86 and was a Type I wetland Brad Wozney Under the new rule that Type I criteria is no longer present That subpart is entirely scrapped from the new rules Mayor Furlong So there s no exemption available for a Type I wetland under the new rules 9 285 City Council Meeting August 27 2007 Brad Wozney Except on pasture land Mayor Furlong Exempt on pasture land Brad Wozney So yeah Generally that provision from the old agricultural exemption has moved to the drainage exemption and it s I don t want to confuse you Yeah we have I mean that s the confusion here is which rules we re applying or which rules your council and legal counsel and city council decides to apply Mayor Furlong Okay Councilman Litsey Would the new rules change the decision on the denials Or it may change it what I m hearing is it may change it on the ones that were approved but not on the denials The denial part would still stand either way Brad Wozney Likely Councilman Litsey So it may become under the new rules more restrictive or the chances of denial would be greater for those that you approved Brad Wozney That s possible Councilman Litsey But not the other way around Am I confusing In other words the denials probably stand either way Brad Wozney I believe so Councilman Peterson Well I don t think I think we re putting you in an awkward spot I don t think he has to answer the question Councilman Litsey No I m not asking if you can t but it doesn t sound it sounds like other criteria were applied to the denials that would stand either way regardless of the new rules However the ones that were approved that could change And that s all I m saying I m not saying you don t even have to answer that but that s the way at least I m hearing it if that s correct Brad Wozney And I am not an attorney by any stretch of the imagination but I don t know what component of was appealed of the decision It sounds as though it might just be a component of the decision say for that 10 year deed restriction Councilman Litsey Okay I understand it s a very tough we re all trying to get our arms around or wade through it No pun intended Mayor Furlong Let me go back to Councilwoman Ernst because she was in questions when I interrupted 10 286 City Council Meeting August 27 2007 Councilwoman Ernst And that s fine No but I just wanted to say that I wouldn t want to form an opinion based on a would or could but maybe should or is and so before I would form an opinion on it I would want to get more specifics on it Mayor Furlong Other questions for staff at this time Councilman Peterson Councilman Peterson Can I just go back and clarify because I had and I don t want to page through 40 pages of staff reports Walk me through again of the 4 that we the 4 wetlands we ve got what types you guys have determined them to be again just to you may have already done that and now I m locked out but Lori Haak Alright Okay again this is Basin 1 Basin 2 Basin 3 Basin 4 Basin 1 is a Type III wetland with a Type II fringe and is 3 3 acres total About 2 acres of the property the Dorsey property Site 2 is here It s a Type Iwetland Approximately 96 acres Type III or Im sorry Site 3 is a Type II 0 39 acres approximately And Site 4 a Type II 17 acres on the Dorsey parcel and that s about 1 3 acres total and that includes some down on the Fox property Different Fox actually And then Councilman Peterson How much for Lori Haak And then some over on the west side Councilman Peterson How much is below what s the total wetland area Lori Haak The total wetland area of that basin is 1 34 acres Councilman Peterson And only 0 17 acres is on the Dorsey property Lori Haak Correct And those are outlined in the TEP Findings of Fact Councilman Peterson Whatd you say the total acreage of the first basin is Lori Haak 33 acres total About 2 0 on the Dorsey property and about 1 3 on the Fox property Mayor Furlong Councilman Peterson still any Councilman Peterson No that was my questions Mayor Furlong Since we re talking about wetland type You said Basin 1 was Type III with Type II fringes How does this looking at the exemption request how does is there a partial exemption option or how is the wetland graded Lori Haak No Mayor Furlong And what if you have multiple types within the wetland exemption area Or request for exemption 11 287 City Council Meeting August 27 2007 Lori Haak The direction that we ve gotten from the State in the past and other LOUs have gotten as well is that the deepest portion drives the hydrology of that basin so its typed you know unless you have a 500 acre basin that s Type II with a 500 square foot Type III in the center in which case you go more to a prevailing type but in cases like this where you ve got almost equal parts of both you would use the deepest part to make that determination Mayor Furlong The deepest portion unless it is it is overly weighted to determine Lori Haak Right Mayor Furlong And then use that same type classification across the entire wetland Lori Haak Right Which is why in the rules it doesn t say you know for a Type lUnl and for a Type IIIVI something else or you know It doesn t break it down to that extent I believe in the packet too it does have generalized descriptions of the wetland types and it talks a little bit about kind of prevailing vegetation and that sort of thing And that s pulled directly from the Minnesota Wetland Conservation Act Councilman Litsey So if we delay this decision then it goes back to yourself and to others to take a look at applying the new standards To see if that changes anything Lori Haak That s definitely one option I think in the short amount of time that we ve had since you know become accustomed to these new rules we ve had limited discussions to that end But certainly staff would rely heavily on directive staff being legal counsel to discuss in that And also additional conversations with other folks at the Board of Water and Soil Resources in order to get them to assist us in this Councilman Litsey Because I agree with Councilwoman Ernst that Id like to have a more well it s possible that our definition of where we re heading with this applying new standards Mayor Furlong A couple more questions or at least one more at this time and then there may be some others after we get into the public hearing this evening The exemption and I m looking at the staff reports now To allow one is for the activities in the wetland And you said that s different than there s an activities exemption not a surveyed wetland exemption Is the exemption specific to agricultural activities For these types of activities or is it so another type of activity in a development would not they would not be exempted for Lori Haak That s correct The exemptions that exist in the Wetland Conservation Act are broken up into different categories There s exemptions for subculture For harvesting trees There s exemptions for drainage Ditch law kind of comes into wetland law a little bit There s exemptions for boy what are some of the other ones Brad can you help me out I hit drainage and subculture and the agricultural exemptions but there s at least 8 different categories of exemptions and so those are the types of activities that are exempted under the Act 12 288 City Council Meeting August 27 2007 Mayor Furlong Okay So the exemption if approved would be specific to the activity of agriculture Agriculture activities really Second question The two requirements as I see it and were in the report is that the wetland that was planted annually with seeded crops which I think is pretty clear to me Second question from a description or definition standpoint It says within a crop rotation seeding of pasture grass or legumes so I guess my question is crop rotation seeding is seems to be the key as the alternative to annually seeding crops How did the TEP committee define that crop rotation seeding What would meet that criteria Lori Haak Sure Well again we looked at the patterns that are left on the aerial photography really that s really our best tool when it comes down to this We again rely on it heavily and so when you ve looked at a bunch of aerial photos over you know a decade or so you start to notice signatures in the ways that the crops are planted and if you re seeing those more often than not those are the types of indicators that we would use to make those determinations so again Mayor Furlong I guess my question is to Councilman Peterson s question earlier with alfalfa I think was his example that you don t annually seed alfalfa What in terms of crop rotation seeding define for us what that practice would be Or how the committee interpreted that part of the definition Is it alternating different types of crops over a period of years or is it a different type of practice Lori Haak And again you would see it in 6 of those 10 years and that s the other Mayor Furlong And I m trying to get my arms around what it is What is a crop how do you define I can understand annually seeded crops You seed it annually every year What is the crop rotation seeding Define that for me Lori Haak It s going to be the you know it s going to be a seeding that s going to look very similar to that The annually seeded If you re in a crop rotation you know typically what you see is you see the com You see the soybeans Mayor Furlong You see multiple types Lori Haak Right Mayor Furlong Or different types over the years of plantings Lori Haak Exactly Mayor Furlong Of annual plantings Lori Haak Right Mayor Furlong Okay Councilman Peterson You know for example what I was struggling with is let s say you have an alfalfa field that doesn thave it s all flat and 100 without any wetlands on it And that you 13 289 City Council Meeting August 27 2007 keep it like that You don t seed it for 10 years What you re talking about is basically row crops is that you can see that difference because you know it s going to be different types The rows are going to be different There s a differentiation What I m confused with is is that the seeding aspect of it But if there is an area that s not seeded or not growing at alfalfa every year you know that means there s something wet generally Wet or dry one of the two Mayor Furlong But there could be you know a crop rotation Not only are they different plants but they re also there are areas that would just be left without crops through the possible rotation as well Depending on what that rotation plan was Councilman Peterson Yeah most farmers don t leave Mayor Furlong But to the extent that there are different crops there pictures would show different types of uses With the rotation crop And Ijust want that was my thought Ijust wanted to clarify that there s still that seeding aspect associated with it which Councilman Peterson brought up Todd Gerhardt Mayor if I may add I think Lori you know hit on the point It should probably say removal of a crop every year Not the planting of a crop every year and removal would be cutting of hay and I think from what Lori explained tell me if I m wrong Lori but you mentioned that it didn t look as if it had been cut even and it was canary grass and Lori Haak Well that was one of the basins that we can say that That we ve got a surficial shot of the landscape It s not just an aerial photo so that s where we can get into even better typing with now with our more progressive aerial photography we can get into you know reed canary grasses and you can differentiate a little bit better between grasses species and things like that but with this I believe it was from 1980 we had a shot from you know standing there looking out over this basin and so I can say that for the one basin and that doesn t mean it wasn t cut you know a month or two before that because it s just one shot in time so I d be hesitant to really kind of make that blanket statement for all those wetlands but for that one at that point we can say that Mayor Furlong Did the staff look at I mean the statements in here for the ones denied is saying that it was not annually seeded crop or the rotation So for you looking at the requirement for the exemption which was seeded Lori Haak Right Well yeah Mayor Furlong Annually seeded or in a crop rotation Lori Haak Or in crop rotation for 10 years Mayor Furlong Crop rotation seeding Lori Haak Right 14 290 City Council Meeting August 27 2007 Mayor Furlong Okay Councilman Litsey But there was also a problem with the wetland classification too right Lori Haak Right For a number of the basins there was Councilman Litsey So we actually have two factors that come into play Lori Haak Correct Right Mayor Furlong Okay Councilman Peterson Mr Chair I ve got one more question Mayor Furlong Certainly Councilman Peterson Lori what s happen in a scenario that lets say a person has a Type I wetland I call it a low area And they go in and they deepen it and make a pond out of it and it s now 5 feet deep And now cattails grow and where it might have been exempt at one point in time was self created into a Type III or IV or V How is that interpreted Is that a whole different half hour discussion or Lori Haak Yeah There is an exempt actually this is another category of the exemptions called incidental wetland exemptions and it falls a little bit it s a little less clear when you re excavating an existing wetland but if you have that alfalfa field that you were talking about before that has no wetland on it whatsoever and you decided you wanted to dig the same pond 5 feet deep and all of a sudden it got cattails there then that would be eligible for one of these incidental wetland exemptions And again like I said the best I can say to your example is it gets really tricky once you re excavating an existing wetlands because it starts to talk more about I believe the language do you have the rule Brad I m sorry I didn t bring the book down but the rules The rule says for purposes urn Something to the effect not intended to create a wetland So for example and actually this is part of thank you This is actually part of the documentation that the applicant submitted with the initial application as well as with the additional information that was submitted They do talk about the deepening and the expansion of the wet area in that Basin 1 and basically when the Technical Evaluation Panel looked at the application for that permit that was acquired in 1987 or 88 the intent said pond but every staff report that was written and the recommendations of staff at that time were as if they were building it for a wildlife pond It was not ever from staffs perspective intended to be a storm water pond because there s really no function of a storm water pond in that location It seemed to be more of a habitat improvement so that s why staffs recommendation was as it was and findings of such so Mayor Furlong Okay Are there any other questions at this time If not what I d like to do is move on and begin our public hearing with inviting the applicants to come up as part of the appeals process To address the council 15 291 City Council Meeting August 27 2007 Kurt Deter Thank you Mr Mayor Good evening council My name is Kurt Deter I practice with the Rinke Noonan firm in St Cloud First of all definitely we will sign the extension to allow for the review of all the information If there s something I can sign tonight I will certainly do that As you can see this is like reading the tax code and I will try and take some of the blame for that I was involved in 1991 Representative Marsh from Sauk Rapids was the lead author of WCA and I was involved at that time and a number of meetings concerning a number of the exemptions so I sometimes I take the credit but I think in this case I ll take the blame for some of the confusion and in the fairness of Brad and Lori it is a very difficult interpretation and I ve been on most of those wetland groups and WCA work groups trying to interpret these rules I want to make my comments fairly brief tonight because this is such a factually intensive matter where Mr Dorsey and possibly Mr Fox will be providing the information to make the record complete As Lori I ll just call you Lori if that s alright that one of the reasons that this was remanded to the council was to make a complete record because it is not a straight forward situation There s a number of basins A number of issues on those basins A number of factual issues going back to prior to 1991 all of which have already stated are very fact intensive and want to make a record of that Mr Dorsey has put a packet together and again I apologize that it wasn t here earlier but we re compiling information as we go and obviously that s another reason for any extension that s needed We want to make sure there s a complete review of all the information submitted The important points that I d like to make is that in 1991 the passage of WCA was very controversial and one of the main issues was the exemption for draining or filling in agricultural areas that had been cropped 6 out of 10 years And crop has a very broad definition that you ve seen in the rules and we ve also attached the Carl Smith case out of Hubbard County that our office handled That was a very similar situation where it wasn t a row crop situation and we d ask you to review that I ve also had extensive discussions with Jim Haertel from BWSR and again he worked with us on this on a daily basis and we still have discussions on it almost weekly basis of how all these different things fit together So one of the main things we wanted to accomplish tonight is to get a complete record in front of the council and to give staff adequate time to review that information I think first talking about Basins 2 and 4 Those exemptions were approved We asked staff to review the lO year requirement for a number of reasons One under the new rules it s not required and secondly the exemption is as of 1991 is our position Not as to the date of application In other words if you had a cropping history the broad definition of cropping history in 1991 that exemption is there and there is not a 10 year easement put on it or requirement of the 10 year restriction from the date of application The tens of thousands of acres of farmland in Minnesota that are Type I and II that clearly meet the 6 out of 10 or more than that they simply can do their activity without the restriction So on 2 and 4 we ve asked staff to review those The exemption s been approved It s simply a matter of the 10 year restriction and we believe under the intent both under the original legislation and original rules and under the new rules that that is not required On Basins 1 and 3 again those are fact intensive cases and I m going to allow Mr Dorsey with your permission to go through that He s spent a great deal of time going through a number of historical documents and again although and I m clearly not an expert on aerial photographs but I reviewed a number of them Aerial photographs are an important tool but they are not the end all to what actually took place out there Many times the landowner has information that is different than what the aerial photo because an aerial photo is a specific second in time and depending on when that was taken you can have a lot of different interpretations of what actually happened during the whole growing season So and then finally before I turn it over to 16 292 City Council Meeting August 27 2007 Mr Dorsey the question came up about whether it s fringe Type II or if there s a spot of Type III Our position is and my understanding of the rules its not the deepest point Its the predominant type of wetland within that wetland scheme and it s not that you take the deepest and say then the entire wetland is that type so for the record we want to make sure that that is reviewed using what we believe is a proper interpretation It s the predominant one And then Mr Dorsey will go through that pond as far as the exemption was there in 1991 What he did he ll supply information to that that it wasn t a Type III and the work that he did in that location did not make it a Type III And I ll be available for questions and maybe you want to go I ll try to answer some now but it may make more sense if Mr Dorsey gives you the information so you re seeing the whole picture if that s alright with the council Mayor Furlong Okay Kurt Deter Thank you Rick Dorsey Good evening Mayor and members of the council Id like to first go through some different things and you each have a copy of this booklet and it may be helpful for me to have you go to a certain page in there if you can t see what I m going to show you so Mayor Furlong Do you have one for staff Kate Aanenson No Rick Dorsey We tried to get another copy Kate Aanenson No Rick Dorsey I have another one but I need it right now so Councilwoman Tjornhom Craig and I can share Kate Aanenson Thank you very much Rick Dorsey I d first like to start out with is why we re even considering looking into this possibility and the first thing is about a year and a half ago we started looking at the issues because there were things going on around us The Fox s and myself and we foresee that there s going to be some safety problems in being able to farm this site as we go on into the future until such time as some day it will become developed The road started being built around us now Im surrounded with roads having 10 to 12 000 cars per day going around it Two of the fields in the Fox s parcels are basically land locked where they cannot get access to them with farm equipment and the fields that are broken up because of Powers and into smaller sizes as well With those concerns we looked at how can we take and make sure that the operations are safe for the farm operator as well as for motorists going up and down the road because you do need places for them to load grain Unload grain To load fertilizer Load seed etcSo the process we had was to try and combine these fields and in doing so if you can follow that one up there Right now what we have is here s Lyman Boulevard Here s Powers There s a tree line that s 17 293 City Council Meeting August 27 2007 somewhat of a drop going into the Fox Family parcel and then there s a drainage ditch that comes along here across the whole Jeff Fox property and Terri Fox property I have one entrance coming into our house and barn up here There is an entrance down hereditch so you can tget access to the north side of the property That s why the Fox Family piece used to access to plow Now they have to come in somewherebutthere ll be damage that will be done over time doing that As well as just trying to get grain trucks and semi s load up corn You can t have it bouncing over curbs and trying to go over hills So what we are looking at is to open up the center part of the area so it can be farmed and it will be more efficient as well for farming purposes to be able to come around the tree line and then be able to access this site so the whole thing could be reached and accessed from our driveway So that s how it started out We looked at from our standpoint my own family s standpoint there s a lot more information than you were shared with so far tonight dealing with the Site 1 Site 1 why it looks the way it does today It didn t look like that in the time period in question and that s what I wanted to show you here That with exemption 1 a there s two time periods you re looking at You re looking at 1991 January 1st If you look at this as a time line I put a break there Certain things happened before January 1 and certain things after January 1 1991 when the laws passed Exemption l a which deals with existing pre existing land uses for the specific exemption I put forth for activities that actually happened before the law was passed So if the farmer had drain tile in did something made an investment to make the land farmable more than half the time 6 out of 10 years that s what the laws the intention of the law really is It doesn t even have to be investing into drain tile It says just actually a wetland that was dry 6 out of 10 years would also be exempt So in order to pass the law on farming that is still considered one of the leading industries in the state of Minnesota Most of the land in the state of Minnesota and unless the farmers got on board it would never have passed The State created some covenants basically with the land holders and if you had done certain things in the past you will be exempt from regulation on those sites in the future If certain criteria are met Whats the criteria Well that prior to 1991 if you ve demonstrated 6 out of 10 years that the land was in farm production that the broad definition that s there and there s another document called the SONAR which Brad can tell you about He told me about it Iread it Gives the background information as to how a group of people who made the rules that went with the statute interpreted these things and there was a lot of discussion from a lot of different perspectives The question about is hay a crop Hay is considered a crop if it s introduced and it can be mechanically harvested and that s right out of the SONAR report And that was looked at because certainly there are farmers out there who do nothing but raise hay and they were not to be excluded from the law protecting their own land And while it was written the way it was if you look at the real intention that s there the intention was not to take away land from farmers who had already invested in that land or were making a living off of it Going forward the other side of the line is where the realis allowed to take place to prevent future loses of wetland The past ones we looked at is having to be some of them giving up and we re not talking about all of them but it was Type Is and II s which were considered lower grade wetland And going forward they re still even exempt or exemptible I should say under certain conditions So the break point is looking before 1991 If you put that line in the sand if an activity had occurred and the activity is actually defined as draining filling or excavating It s not farming or forestry They look at different in the definitions So it was property that s been drain tiled or excavated prior to 1991 and for 6 out of 10 years it s been planted in my case with hay 6 out of 10 years Mechanically harvested and introduced the seed at some point in time period it would be classified as qualifying The other 18 294 City Council Meeting August 27 2007 exemption for example l b which is on the Fox s property would deal with the today issue They looked at the land today not historical land Number l a the only way you could look at it in determining it s condition prior to 1991 and 6 out of 10 years prior to 1991 we re looking at those years We re not looking at today We re looking at back then What was the status and the character of the land at that point in time If it was such that it met the criteria of the law it was exempt from regulations of WCA Certainly there s other wetland agencies that would have a say in things and cities thatas well however from the standpoint of WCA that s what they were looking at So in a nutshell the intent as best we can understand it is that if the legislature trying to create the law and to protect future wetlands that s negotiated and says if you used the land more than half the time if you re able to use the land more than half the time in a defined period and they picked out the 10 years prior to the law being passed and you could pass equipment over it and farm it with equipment and that land was something that they were willing to negotiate away to get the law to pass It would either suggest that improvements had to make such as drain tiling or that in fact the land was not really that high quality of a wetlands for 6 out of 10 years more than half the time was dry enough to pass equipment on it From the standpoint of again is hay acceptable There has been a ruling that the LOU is actually in Cass County for Carl Smith a year ago was over turned in favor of the land holder saying that hay is in fact an acceptable crop as long as it s introduced and as long as that s mechanically harvested I d like to go on and talk a little bit about the particulars of my property and the history that s there because they do play an important part in making a decision on what is there and why we re looking at it and feel that it deserves an exemption First of all the dealing with the question of what was the status prior to 1991 Within the packet of information that you had and previously as well we ve given most of this information to the TEP panel and sat down with them for better than an hour and went over alJ this information back in February We identified that this was pond wasn t out there It was in fact a farm field that was in grassland You can see in this area right here you can actually see a piece of equipment there Sitting in the field at that point in time That picture was taken in 1981 Im not sure where if anybody can say what species of grass is in there I certainly can t see it but I do know what I planted there and what I ve harvested there We sold the grass out of that field for premium horse hay and there s a lot of blue grass mixed in with it and in 1984 which I want to point out the area that truly is considered wetland in that time period is no bigger than where that pond is If you look at Exhibit L in your booklet there s a map of a survey that was done when the pond was excavated in 1989 and I guess one step before that to say why it was excavated We plant or we harvested hay out of that field from we bought the land in 1979 and harvested it through 1986 In 1987 a neighbor had driven across the ditch that drained the draintile draintiles at this time You don tput draintiles in to let It was in hay which is an acceptable crop and there s a market for the crop In that it was wetland I m not disputing it was at some time wetland but it was improved wetlands with draintile in it which made it farmable And we could take a crop off That s not to say that there s certainly not times in the year right after a spring melt or after a large rain that you get puddling on it but that s what would be expected for the draintile to work It has to percolate through the soil and be absorbed into the tile and then flow out through the tile So you can even get bum marks in the field from a field that has draintile because it s still too wet or in some places can be too dry The picture that you saw at the very beginning in the staff report on 7 18 81 it was actually 1979 picture just for the record The wetland here what I was going to say in 1987 the farmer who started renting it I had rented it for a number of years before that and another picture is on Exhibit 1 The tractor Very good farming practices We contoured the hill with grass and 19 295 City Council Meeting August 27 2007 alfalfa That lower ground is recommended to us to leave in grass as well because it was part of the drainage system that enters the ditch and that if we didn t do it even though it was draintiled in that area we re apt to have wash outs and would fill up the ditch in a matter of no time so why it was stepped in grass was that reason That s not an unacceptable practice in farming Many hayfields are probably generations old in some circumstances The neighboring property in any case drove over the ditch in 1987 continuously and collapsed the ditch The draintile didn thave anywhere for the water to flow and then it backed up and created in effect in a field that was useful an incidental wetland in our minds Started to puddle That was the first signs of water that we d seen on it The picture that you just saw was not was a natural occurrence That draintile had been there since about 1963 and started to back up in 1987 Put grass and we moved quickly on it in 1988 and put in a permit in probably July of 88 at which time we started pursuing it and by December of 88 had it on the council meeting agenda to get it excavated to try and contain water within the area If you look at Exhibit M that s a wetland map or excuse me a soils map and you re going to see right here it says PM in there A peak muck soil and if you notice that on that Exhibit L the page before the shape of the pond that s excavated was the peak and muck shape It was intentionally dug out at the shape of it to eliminate the peak muck soil to help drain the field and to keep it available to be operated The intention when we dug it out was as a surface water pond contrary to what it says in staff feels was our intention 20 years ago to make that statement We applied for a permit for a pond and if you look at Exhibit K you ll see it says on the front page of it that the use purpose was for a pond On our application if you look at the next page 2 pages in which was the Planning Commission or excuse me the letter that was sent out to the different agencies by the staff It says the subject was a wetland permit to create a pond in a Class II wetland If you look at 2 pages beyond that the Planning Commission meeting The planningagenda says a wetland alteration permit to create a pond in a Class B wetland And there s also the Planning Commission agenda meeting the last page of that section and again it says a public hearing wetland alteration permit I think it says in here where it says a pond They only mentioned it a couple times for a staff member interjected the term wildlife pond At that point in time surface water management ponds were not a common term for a pond It wasn t used That s something that s much newer and back at that time we had ponds We had stock ponds You had wildlife ponds The purpose was many times the same thing In our case it was in fact done intentionally because we had water backing up We re in the farming business We own 40 acres We re looking at maintaining the income stream off the property We did not have an intention of having it be strictly a wildlife pond Certainly animals can use it when it s a storm pond as well We had to meet certain criteria to make sure it was wildlife friendly We had to have shallow edges so an animal didn t fall in and drown There was a suggestion that we have trees around it At that point in time if you read the Planning Commission meeting report I said I didn t want to have trees around it and there s a reason for that We re attempting to cut the grass around it So anyway the pond was for it s purpose was a storm water management pond Again why now are we looking at it It s the first opportunity to move that water off the site as well Inbetween the time period when this happened and now there s nowhere to move it to On the Holasek s property was where the new storm water pond was It was being flooded out and there was no interest in being neighbors of flooding neighbor s property out so we maintained the storm water pond during that time period So from the standpoint of site number 1 I also included in the packet a report from Bonestroo and Associates environmental services company who has done work for the city of Chanhassen and actually helped them to develop their wetland plan back in 1990 And they reviewed the site 20 296 City Council Meeting August 27 2007 both in the time period back before 1991 which is the 10 years and came to the conclusion that they re the Type I Type II wetland during that time period and that the pond was not natural incidental and that where earth was put in in the very last year of the time period which falling in within the guidelines we already met the 6 of 10 years of cropping history for the property Additionally I got areport this morning and had another environmental service company review the aerials to just see what they could see in those aerials They said the aerials again as Mr Deter said are not the all inclusive or the only answer You have to look at everything that s there However in their report they did find that there was agricultural activity on the property They picked out 5 specific years that they could see it and an additional year where they said they couldn t tell for sure but there was no conclusion that it wasn tthere either So it s two environmental service companies have reviewed the same information and disagree with the TEP panel The TEP panel is also and I don t want to jump on them because there s new information I think if there was a public hearing and there s new information that s here that wasn t available to them The law changed We ve gotten more information because of issues they ve raised in defining it So I do want to make that clear too that there is new inforination here that wasn t there previously In any case then looking at the site there was a survey that was done in 1988 as well when the pond was dug The city code at that time for 1986 was very specific and said that in order to dig a pond you had to have a survey done identifying the exact boundaries of the wetland is the way it s worded A survey was done A copy of it s in your packet It shows that the actual wetland at that point in time was about 6110th s of an acre Not 2 2 acres So when the TEP panel is looking at this we believe in fact that either they didn t look at what was the information they had in the packet or that they looked at the size of the current area that they re looking at which is 2 acres when they said that my site has a 2 acre wetland on it And we re looking at the hayfield in which there was at one time a wetland and at the time period they re looking at was draintiled So that s where our disagreement comes in I put an affidavit in the packet as well I farmed the ground We did take the crops off of it We did inner seed it We met the criteria and we were able to do that 6 years out of 10 So they didn t want to take my affidavit very seriously I guess and felt the aerials which two other companies said are not totally conclusive in any way to over rule what that saw From the standpoint of the crops again I ve included in the packet a letter from Chris Grattis the Director of the Minnesota Farm Bureau Federation and his understanding and interpretation of what cropping is and that cropping would be looked at in his eyes and they were instrumental of getting the laws being created That was to have a broad definition and not be restrictive There s efforts when the rules were made to make it restrictive and they were defeated and not put into the law So from the standpoint of site number 1 the other part of it is I guess just to put into record hay land is defined in 103 g 005 of Minnesota Statute I mean hay land is an area that was mechanically harvested or that was planted with annually seeded crops in a crop rotation seeding with grasses or legumes in 6 out of the last 10 years prior to 1991 January 1 Pasture definition subpart 14 a means an area that was grazed by domestic livestock or that was planted with annually seeded crops in a crop rotation seeding of grasses or legumes in 6 of the last 10 years prior to 1991 January 1 Basically it s the difference between pasture and hay is one and they actually have taken equipment into a field and take a crop off Pasture which was in the definition is the lowest level where animals are able to access it Id like to also just point out about that site even in the current state it s a degraded wetland At one point in time the activities that were performed on it prior to 1991 was there draintiles and excavated Had it not been for the water backing up because the neighboring property lost the draintile there d still be draintile today and there 21 297 City Council Meeting August 27 2007 wouldn thave been an excavation project there So it would be no different then this area here which is also draintiled up here in Site 2 There wouldn t have been a need to do it We were in the business of trying to get an income off the property Currently it s typed as a Manage 3 the lowest grade city wetland which by definition means wetlands that have been substantially disturbed or have the lowest functions and values From the standpoint of the way we believe it is we dug it as a storm water management pond Part of the city code was including water storm water ponds basically just saying that they re created for specific purposes Surface water runoff retention and or water quality improvement are not to be classified as wetlands even if they take on wetland characteristics Some other things to note the water level in that pond has a very terrific bounce in it meaning in the spring it will get very full and by the time late summer it gets virtually dry until we have we these last springs this year it was almost dry Same thing last year where we didn thave the drought last year Because of that you don t get the vegetation that you d expect in a Type III wetland There are no cattails There are no spikes You re not seeing the type of vegetation that would make a Type III wetland Even today which is in the report from Bonestroo and Associates they don t view it as being a Type III wetland even today They view it as being an excavated pond and a Type I Type II wetland So we feel that this area at best was when it was being looked at at the time period of being evaluated was a 6 lOth of an acre site Equivalently about the size actually not even as big as this circle within a 2 acre site or about a fourth of this site The evaluation that was done on it suggests that the 2 acre site was looking at the whole thing They were looking at crop activity around the edges as well The whole thing is a grass field which pictures show that to be the case You re not going to have the patterns of activity out here that reflect whats in here anyway So the wrong area was being looked at As far as in the time period that was to be looked at in 1981 to 1990 Moving along to Site 2 We re in agreement there other than the 10 year deed restriction For the record in the packet our position on a 10 year deed restriction that it could not really apply or it s already been expired and that the activity that was already done which is what the application is for on that site is the activity that was done before 1991 We re requesting a Certificate of Exemption for the work that was done before 1991 If there is a 10 year deed restriction its already expired because there s no activity we re looking at today for the site We re looking at the Certificate of Exemption for that time period Same thing holds true for site number 1 The request was actually for a Certificate of Exemption for the time period prior to 1991 for the activities that happened at that time We were asked to fill out an application and to do a bunch of things where the primary request at the very beginning was for a Certificate of Exemption before 1991 and I ll tie it up for you Site number it d be number 4 was the same thing as site number 2 again We re in agreement and the 10 year deed restriction which we feel has been eliminated with the new law being passed Site number 3 There they ve the issue that s there is what is the real area of the wetland and I think it was poorly presented by our consultant to the TEP Ive got a map in here on Map number 1 I believe Map number 1 Here the real question is where was the wetland Our wetland The National Wetland Inventory shows the wetland here and that s what we when I put my affidavit in on that we were talking about this area be the area that was identified on the map that the ditch that goes along the road Our intention was not really to do anything along this road but we re looking at the treed area here to take that out where historic evidence of it is That there is in this area here has been in soybeans and the edge of it was in grassland that we cut hay So that process wise we were denied before we knew why we were denied and the only way we can come back at it from an appeal so that s a different process for that area is being appealed But it s a question of the area that is being identified the correct 22 298 City Council Meeting August 27 2007 area the historic wetland is not what was ruled on So I will make one more comment There s also a map Map 3 which shows that is a topographical map that shows the drop that goes from that area There is significant natural drop that it would drain Map 3 Shows significant natural drop that it would drain across the Fox property to the east And I guess one more thing as I go through here The Fox property for Site 1 is being looked at as one site so the same arguments hold there other than the exemption that they were requesting is a type l b and a type l b is because it was not being farmed on their site The area that was in question which was then looked at in the current status and would require replacement So if there s any questions I d be happy to answer anyone Mayor Furlong Thank you Any questions for Mr Dorsey Councilman Peterson Mr Chair Mayor Furlong Sure Councilman Peterson Mr Mayor or Mr Chair Mayor Furlong Either one is fine Councilman Peterson I do have a couple Tom So now going into this to clarify are you disputing both 1 and 3 that they should that no part of that should be considered a wetland or are you justthe size Rick Dorsey No Number 1 is being disputed Both of them are being disputed because they re notlooked at it according to law They weren t looked at in the time period of 1981 to 1990 only The size of the wetland being cited as being 2 acres in the Findings of Fact is not the size that all information shows at that time City records show it as being 6 lOth of an acre So not looking at it at the right timeframe The one along Lyman Boulevard clearly what s there and being looked at is the current status and it s the wrong status Whoever s fault it my consultant s to blame I believe for that because it was the wrong area that showed up on his map Councilman Peterson So again is the intent of your appeal for is your desire to have us say that neither of those parcels whatsoever are wetlands Is your intent for us to decide your preference Rick Dorsey Yeah Councilman Peterson Is that neither of those parcels have any wetlands in as by definition of the statute Rick Dorsey No The statute doesn t say that The statute says that it assumes it was a wetland and that 6 out of 10 years it was farmed We re saying we qualified for the exemption for the activities that occurred prior to 1991 Councilman Peterson On the whole area 23 299 City Council Meeting August 27 2007 Rick Dorsey On site 1 Site 3 was not draintiled Site 3 was filled with the expansion of Lyman Boulevard back in 81 and then another project which put about 4 feet of fill below it covering up the swale Councilman Peterson I m with you So what you re saying essentially is that on 6 of those 10 years 100 of what is now wet was dry enough for you to plant Rick Dorsey If I m understanding what you re saying were we able to cut hay off of Site 1 and was it planted during that time period The answer is yes And Site 1 again should be recognized at that time period as being this area right here Councilman Peterson Second question You made a conscious decision to tile at some point in time Rick Dorsey It was tiled before we bought it Councilman Peterson You made a conscious decision not to necessarily fight or to take legal action against your neighbor to clear out the leading tile Rick Dorsey The end of it The ditch in his property Councilman Peterson So kind of walk me through that logic because it would seem more logical to Rick Dorsey The property owner was absent at this time was an absentee landowner He had a renter who did it Who s going to pay for it Is the first question The landowner says the renter pays for it The renter says I m not paying for it So it becomes a battle and so you re dealing with it In the meantime I m backing up losing revenue on my side of things and so it was apparent in talking to them that there was going to be no resolution coming from their side of the table after a year of time had passed and our thought was well they re not going to pay for me losing the hay because they backed the water up So it becomes a thing of what do you do You have to look at your options and the option the only one that you really had was sort ofbut at that point in time digging a hole in the ground digging it deeper to contain that to a smaller area would have been the solution So we had 6 lOth of an acre lost and that s what it is today Councilman Peterson So I guess my question really was is it cost you money to dig it out Rick Dorsey Yes it did Councilman Peterson Probably a lot Rick Dorsey Not that terribly much you d be surprised Councilman Peterson I m trying to figure out the logic versus in going to court to get 24 300 City Council Meeting August 27 2007 Rick Dorsey Going to court doesn t mean you win Councilman Peterson Doesn t mean you win but it might be Yeah I m just trying to follow logic It may have been a small claims court scenario You would have had to pay for it likely but it still would have been likely cheaper than you digging a pond Rick Dorsey If in fact you I mean you put it in perspective and then you talk about the dollars and everything else which isn t that huge of a number Councilman Peterson Probably about the same to fix it so Rick Dorsey Yeah I mean by the time you hire an attorney Even back at that time I can tell you about another wetland dispute I ve got going on right now down in this comer and it s becoming very expensive and getting nowhere So to answer your question you end up doing things I guess an option but it wasn t there Councilman Peterson Last question When did the house actually get built Rick Dorsey 1987 87 it was under construction Councilman Peterson Okay Rick Dorsey But I ll say that didn t have anything to do with the pond The ditch was run over in 87 and that was the impetus for it You can see that in the aerials That the water started to back up standing water in 1988 Prior to that it never was Councilman Peterson Okay Those are my questions Mayor Furlong Thank you Other questions I have a couple Mr Dorsey And it gets back to the reasons that I saw in the report for why 1 and 3 were denied and they speak to not being annually seeded or in a rotation Were either 1 or 2 annually seeded Rick Dorsey You mean 1 and 3 Mayor Furlong Oh I m sorry 1 and 3 Rick Dorsey 1 and 3 were in hay land No hay land is not annually seeded but the definition of hay land which I mentioned is now being overturning and there s a copy of Exhibit 9 of Cass County appeal where they ruled that hay land is in fact a crop for the very reason that farmers make a living off of it and should not have been denied the same rights as somebody who puts in a row crop And so the answer to that is that Site 1 was in grass The current site 3 being the question is what area are we talking about Mayor Furlong 1 and 3 are the two that have been 25 301 City Council Meeting August 27 2007 Rick Dorsey Correct what our understanding is What I m saying is that Site 3 it depends on what area you re looking at The area the TEP panel ruled on I m not saying that that area was farmed They re looking strictly at the ditch Mayor Furlong Okay Rick Dorsey When I was working with this was working off the historic site right here which came under appeal It s on Map number 1 After Exhibit 9 Mayor Furlong But what you re saying is that there s the circle shown there was Rick Dorsey The circle shown here this portion inside over here wasfrom 82 to 86 I believe I d have to look at it It was then put into pasture after that because they rented the land to a farmer next door and he had his cows in there and thats when 3 started to go is when he put it into pasture Mayor Furlong Okay so from 82 to 86 it was in beans Rick Dorsey Yeah Id have to look at the planting map It s in the report from in 86 there were I have to look at the engineering report Well if you re looking at the triangular area that I was talking about that area if you look at the historical pictures which I don t have any I don thave them in my packet Do you have them in your s Al through A6 If you look you re going to see a hook shape in there and you can look at this is you see 3 and you look at this area here This is in crop In grazing and then the comer wrapped around and came around and connected up with on both sides with grass that was cutmachinery could do that Lori Haak And Mr Mayor if I might The Technical Evaluation Panel and staff reviewed the statements that were submitted with the application We made no other based on that Rick Dorsey And that s what I m saying is that our only way of talking about it was by appealing Mayor Furlong But are you saying what I heard you say Mr Dorsey is that the number 3 for Basin 3 it s your belief that the TEP considered both the wetland and the ditch Rick Dorsey Right The TEP panel looked only at the current which is on the map and that s what you re agreeing right You looked at the current Lori Haak We looked at what was Rick Dorsey What was on this map from the application that came in and it shows it just being tight up against the ditch It s not showing the triangular part that I m talking about Our concern in that I mean we don t care about the ditch to be honest It s the treed area here we were looking at we felt it was in the wetland The historic wetland I m not showing the delineation or the area that s being looked at I guess it s not even an issue 26 302 City Council Meeting August 27 2007 Mayor Furlong Okay but again from a seeding standpoint which is what prompted all this it was seeded from 82 to 86 in soybeans Rick Dorsey Either in soybeans pasture or hay Because part of the years it was fenced off and had animals in it Part of it was in soybeans and part of that edge there was cultivated or put grass on after they put the road in and filled it in Mayor Furlong So the hay or pasture which is all of 1 and part of for a period of time in 3 Rick Dorsey Right Mayor Furlong Getting back to my question which the reason for denial weren t annually seeded and were they part of a crop rotation plan then too Rick Dorsey They don t have to be They just have to be mechanically harvested That was the definition I gave you of hay Mayor Furlong I saw that but Rick Dorsey And hay land if you look at hay land has been accepted and it s Exhibit 9 is the case on precedence for it Mayor Furlong Okay and I understand that I was getting to that I guess just to be clear it wasn t there wasn tany other seeding or the crop rotation Rick Dorsey There didn t have to be Mayor Furlong Okay I guess the question with regard to hay land then because that s obviously defined as part of it if what I m looking at and what I understand the TEP committee looked at was what the words say Rick Dorsey Well Mayor Furlong Hay land may and it looks like hay land is Rick Dorsey I think if you look at the SONAR report which was directed by BWSR and Brad here can tell you that there s a SONAR report that exists and where the intent of what was to be understood is looked at and whenever there s a question about this the first place they turn and told me is going to the SONAR report If it says this you can t do that Or you can do that Mayor Furlong But I saw on that Exhibit 9 where it talked about and you mentioned the Cass County wetland Rick Dorsey Yep 27 303 City Council Meeting August 27 2007 Mayor Furlong Under the findings number 3 it talks about the affidavit stating that the fields were annually seeded Rick Dorsey You have to read the whole I just have the overview of it You have to go and see the whole court case to understand I can give you a synopsis of it What the farmer did is he seeded Mayor Furlong Okay But I guess this speaks about the annual seeding and the cover crop rotation Rick Dorsey And I was going to answer that for you Mayor Furlong Okay Rick Dorsey If you read the whole synopsis or the whole his affidavit for that case he didn t seed the whole field in any given year He seeded a portion of his field each year and over a period of time then had introduced seed into the whole area and that s really the criteria that seed has to be the field has to be intraseeded meaning it can t be range land that you just go and farm It has to be that whatever was put into the field was put into the field and that goes further what as far as our presentation there s also another exhibit that showed in 1963 that this field was Exhibit shows that the two things it shows and hopefully you can see it in here In the corner I believe the area number 1 there it shows a Y shaped outline which is the draintile Mayor Furlong Can you put that up so we can see what you re pointing to Rick Dorsey My copy isn t very clear As you re looking at it in this area see this Y shape right here In the white color And the drain and that s the draintile line so signature you see is the draintile and you ll also see and as you re seeing that that it s not planted in alfalfa or grass or anything at that time to be able to see that And so what we re showing there is that the grass field had to be at some point introduced and they were and there has been a rotation of some period of time as well if you go through the SONAR report there was discussion of what is an appropriate time for rotation because they couldn t decide but there s a time of 20 or 25 years was what was talked about and that s why it never was put in there What I would like to say is this is a lot of information and I wouldn t expect you I ve been studying it for a number of months trying to learn it You certainly would have questions for it There s certainly some legal sides of things that definitely helps to know and have gone through legal counsel From our standpoint what we do see is that the simple term and reading of the law is that this side of 10 years it was cropped Ive provided evidence that that s the case The TEP panel didn tlook at hay as being a crop With the added information we have with the case precedence we think that that may influence the TEP s position had they had that information And then the other part is the type of wetland and the information that we ve provided again 1988 the City in their permitting process had identified it as a Class B wetland and that information s in the packet as well Class B wetland in the city code is listed as a Type II wetland so it never was anything more than that and the only reason why water was there is from incidental reasons And none of the engineers we ve talked to suggested at all that it could be a Type III wetland based on the scenano 28 304 City Council Meeting August 27 2007 Councilman Litsey So you re also disputing the wetland classification Rick Dorsey Absolutely It s not a Type III in our mind It s man made We dug it out There d be no water there without it If we hadn t done that Incidental wetlands are also exemptible Mayor Furlong The in terms of the size of site 1 that you had made reference to I think it was Rick Dorsey 6 lOth of an acre Mayor Furlong 6110th of an acre You said that was in the calculation Rick Dorsey If you scale off the size of it to scale and you can scale off the dotted line and I have another copy of it that says that dotted line is the wetland boundary If you can read it better Just scaling it off that s where it comes to Mayor Furlong Okay any other questions at this time for Mr Dorsey Councilwoman Tjomhom I have one question and maybe Lori or Rick you can help me with this Let s go to Exhibit A 5 The photo Either one of you show me where there is a real significant wetland on this map Can you identify one Mayor Furlong Which one you on Councilwoman Tjomhom Exhibit A 5 Rick Dorsey And whats your question Bethany Councilwoman Tjomhom Give me an example of a wetland Rick Dorsey Where is a wetland Councilwoman Tjomhom Yes So I can see what one really looks like Rick Dorsey Well there s one right here There s one up here Mayor Furlong You re off camera Rick Dorsey You re seeing it appears up in this area It s seen in this area Councilwoman Tjomhom And do they look white then Rick Dorsey White out is probably water in the black and white I can show you probably in another page and that d be page A 6 is probably clearer Here s a wetland here that somebody has farmed around This is a wetland here somebody s farmed around Right here they farmed 29 305 City Council Meeting August 27 2007 around one You re not seeing the same type of activity around the edges because you can drive on this with grass whereas they couldn t drive on it next to the water so they stopped short with their planting pattern Councilman Peterson So use A 6 as your example Where is Basin 1 on that Rick Dorsey Well it s hard to see but it s right in this area Councilwoman Tjornhom Just by the green dot What is the green dot Rick Dorsey Just identifying my parcel Here s the property right here Kate Aanenson It s a tough scale to look at Councilwoman Tjornhom It really is Lori Haak I actually looked at these These are the wetlands adjacent to Lot 3 what you re seeing here I don t know about what you re pointing out Rick Dorsey But that s a flow of water through that Councilwoman Tjornhom Did you turn the page Lori Haak Yeah I went back to this is A 5 Kate Aanenson It s hard at that scale and black and white Councilwoman Tjornhom It is but Im Rick Dorsey The point is that we re not an engineer can t without knowing what s there it s very difficult to read an aerial photo You can see signatures but when the draintile the difference you re going to see is this There could have been standing water there at some point in the year It drains through and it could have been Kate Aanenson It s also a copy of an aerial photo Councilwoman Tjornhom Yeah but that s what Im looking at because there s white spots Rick Dorsey But all I can go by is the engineer s I had two engineers look at the and that s what they came back with This report that s in your report Mayor Furlong Okay Any other questions for Mr Dorsey at this time Okay Good thank you Mr Fox public hearing Jeff Fox Mayor councilmen 30 306 City Council Meeting August 27 2007 Mayor Furlong Good evening Jeff Fox And council persons I m here basically just to enter the appeal concerning our type basically to Basin 1 which is related to the 22 acres had you go to 6 lOth of an acre and 1 3 that the city has accepted to review the property at the time that the less than 2 acres issue also a Type III for my property and I think it s pretty clear it s probably a Type possibly a Type II but not a Type 111 understand our position Mayor Furlong And Mr Fox let me clarify that The area of concern because the exemption you re looking for is a different exemption or different Jeff Fox No Our it s one basin Mayor Furlong Okay Jeff Fox Keep the basin the size it is to deny this appealbutif it is considered exempt if you bring it back to the 6 lOth of an acre then it might become an issue of under 2 acres and my appeal2acres as a whole Mayor Furlong Okay and that s good We re looking at the current Jeff Fox Yeah Mayor Furlong The current then we d have to look at as I understood and correct me if I m wrong when Mr Dorsey talked about the 6110th that s what he was indicating was the size of the basin back in 91 correct Jeff Fox Yeah Mayor Furlong But under your exemption it d be the size of the basin in the current at the time of the application I guess that s what is that a corrected I heard earlier that because of the two different Rick Dorsey You have to look at what the wetland is and the question is what is wetland on mine and what s incidental and what s not really wetland It s 6 lOth of an acre is the actual wetland The rest of it that grew around it was due to the excavation of the pond and the leeching of it into the soils and saturating the soils around it No different then a storm pond and that s why they say a storm pond as well can resemble a wetland It s not a wetland because you re going to take on characteristics around it that are like a wetland so the engineers would say and have said in their report that it s an incidental wetland If you re looking at the true wetland area of 6110th of an acre Jeffs property actually has incidental wetlands on it but you don t even take that into account There would be less than 2 acres at that point Mayor Furlong So the question it s l b I think for the Fox property Is that their request because it s an incidental wetland 31 307 City Council Meeting August 27 2007 Rick Dorsey No It s a request because he did not farm that area so he couldn t utilize exemption l a Solooking forward he didn t have a history of working that groundlooked for it after 1991 in the timeline a different exemption Exemption l b and l b says that if you re looking at going into a Type I or Type II wetland you can do that if it s less than 2 acres of Type II and any amount of Type I is the old law I m not sure what the new one is and then as well there was a deed restriction tied to that which may be gone Mayor Furlong So he doesn t deal at all with incidental wetland Rick Dorsey Well you have to identify what is the wetland area you d have to have it redone He didn t have that done because there wasn t a feeling when it was walked off by the engineer that there was more than 2 acres there total much less 2 acres of Type II So part of the reason for the exemptions for agriculture and not going through the sequencing process so you don t have to spend a lot of money You re supposed to be able to go and bring in a general case and show that there s an amount of land An idea the State did not want to have happen is have to have every farm has to go out and delineate their property and so they basically set it up and set criteria and said if you have less than 2 acres of Type II and any amount of Type I you can get an exemption for it And you don t have to go and delineate it Councilman Litsey So the type of wetland hasn t been disputed It s the size of the wetland Rick Dorsey A combination Councilman Litsey Maybe its over simplification but the wetland classification there s not a dispute over that Lori Haak No there is Councilman Litsey Oh it is also on that type But notokay Rick Dorsey And they re saying that because the Type III is the pond on my property Or they re calling it a Type III Mayor Furlong And I guess again you showed just to clarify this process At the beginning I understood you to tell us that the exemptions that are being requested on the Dorsey property you looked at it in the time period of 1991 But for b you look at it what exists at the time of the application which would include your existing pond and the wetlands Rick Dorsey The real amount of true wetland If mine is exempt it s not classified as wetlands any longer from the standpoint of being a Type III There is no Type III there It s a surface water management pond so that would be off of what the true wetland is perhaps Or it s incidental wetland my understanding is around it that incidental wetland we could drain it and bring it right back to it s original size you re looking at trying to identify Mayor Furlong Maybe this is a legal question in terms of because and I guess because if they re looking at it as of today then wetlands can change over time right 32 308 City Council Meeting August 27 2007 Rick Dorsey Correct they do My point of what changed over time Mayor may not be natural caused And so what you re seeing on my property is that there s a prime example is it s not natural causes that created this to go from 6 lOth of an acre to 2 acres It was because of man made activity which is incidental if you want to look at it that way The pond is incidental We would not have dug the pond and had it leech out had the ditch not been collapsed by a third party in another property preventing it from draining Mayor Furlong Okay Rick Dorsey A way you could look at it I mean it s not agricultural Agriculture is just one area that has exemptions Forestry does Mining does Just put it in your own way to maybe understand it Let s just say that you have a swale going by your yard and somebody puts up a block wall and you don t get to get the water out from your yard swaling to the neighbor s yard It backs up and floods your basement Now was that natural things or did somebody do it Somebody did it and you expect them to remove the wall and you expect to be able to utilize your basement again when it dries out Not to let it stay as a flooded basement Although a stretch but it helps you understand the rationale here Jeff Fox The last comment I want to make is myself but on behalf of the Fox Properties more so and my piece we have two pieces land locked We have no access to as of right now Once Powers Boulevard is opened up The southern portion below the tree line Mayor Furlong Can you show us on the picture Kate Aanenson Show the picture you had again for farming purposes I was curious on that one too That one showing how you re going to get to the farm field Rick Dorsey This one here Right here is the aggregate plant of the new 212 and there will be an opening here but there s just is a ditch and a culvert going under the road and this ditch is continuous so there s no way to get across to this field right here without coming through my property or climbing over curbs and up tight steep embankments On this property here this is again there s a tree line here and no access points along the road He used to access it when this farmer down here came across through here but this is all now a wetland so there s no road that comes up through there the way it used to So there s no access to the property right now So we ve worked together to try and create an option that s workable for all of us in the interim whereby if you come in here and pull in this area up here you could come around from one side to the other and be able to access that point and then be able to access this point through here so you either come in here Kate Aanenson Can I ask a question Did mister on the Fox Parcel LLC that was previously land locked but you were able to use Mr Jeurissen s driveway is that correct Jeff Fox No we actually had two accesses Kate Aanenson But that was Mr Jeurissen s not your s 33 309 City Council Meeting August 27 2007 Jeff Fox Yes we had a 10 foot easement called Powers Boulevard and it came from Pioneer Trail that the City dedicated back in the 70 s That was our access point to that property Kate Aanenson So it s been land locked for a while is my point Jeff Fox No I had a 16 foot easement to that property Kate Aanenson Since Jeff Fox I don t know when it was recorded Kate Aanenson Okay I just wanted to check on that a little bit because I think it s been that way for Jeff Fox You guys walked away from the property so that was actually Powers Boulevard the City did Kate Aanenson That was like in Jeff Fox 1970 something it showed up Rick Dorsey He could get access to it with equipment before Now you can t get through to it without climbing over this curb New city curbs and bike trail They re going to get damaged you know so there s going to be expense there too Plus the traffic there s going to be a significant amount of traffic Mayor Furlong So Mr Fox anything else Jeff Fox That s it for me Mayor Furlong Okay Jeff Fox Thank you Mayor Furlong Okay thank you Now that he sat down any questions Very good thank you This is a public hearing so at this time I would certainly offer the podium to any other interested parties to speak at this public hearing regarding this matter Brad Wozney At least one more point please Mayor Furlong Please Restate your name and address for the record if you would please Brad Wozney Sure Brad Wozney with the Board of Water and Soil Resources 520 Lafayette Road North St Paul Minnesota One point that Mr Dorsey has brought up is the incidental and I believe it is your city ordinance to apply for every single exemption that you re claiming and 34 310 City Council Meeting August 27 2007 that to the best of my knowledge there s only application for agricultural exemption That they would both have to be claimed and there d have to be proof of that incidental claim That s my knowledge Councilman Litsey So you re saying the incidental claim was never raised initially Brad Wozney It was mentioned but it wasn t applied for Councilman Litsey So it wasn t applied for so therefore it s a moot point Kate Aanenson I think there s a lot of factual things that we need to go through in this and the application and the request responding to some of the things in the report so Mayor Furlong Okay This is a public hearing Is anybody else wishing to provide comment for the record on this matter No one Seeing nobody is there a motion to close the public hearing Councilman Peterson So moved Councilwoman Ernst Second Mayor Furlong Is there a second Im sorry Mr Fox did you want to say something Okay Alright There s been a motion made and seconded to close the public hearing Any discussion on that motion Councilman Peterson moved Councilwoman Ernst seconded to close the public hearing All voted in favor and the motion carried unanimously with a vote of 5 to O Mayor Furlong I guess at this point there was some comments we received a lot of information Some this evening Some as a matter of the last few hours Staff has made the initial request to have some time to take a look at the information that was just received I guess my question is we have an issue of deadline in front of us is that right Mr Knutson Roger Knutson Mayor that s correct and we have I ve prepared prior to the start of this evening a written hand written extension letter that if signed would give us until October 15t to act on this matter Kurt Deter Mr Mayor we have no problem with that We would encourage more review of this information Mayor Furlong Okay Roger Knutson And then I d just ask if I could Mr Deter did you want to submit any written arguments 35 311 City Council Meeting August 27 2007 Kurt Deter I think we ve submitted everything that we need to submit I guess I will submit something in the next 5 you re getting until October I st I will have something in today I will have something in a week from today if I want to submit anything more but my initial thought is no I think you ve got Roger Knutson And that d be written argument not additional or substantive evidence Kurt Deter That s right Roger Knutson Mayor so if that being the case I would I think Mr Deter would have until a week from today to submit any written arguments he wants to submit and if they re not submitted by then the record would be deemed closed and then we will provide you with our own analysis as well as will staff Kurt Deter So we do have a complete record we want to make Mr Dorsey s comments and the whole packet and pictures may be incorporated We need to make sure that s all a part of the record That s one of the reasons it got remanded so we want to make sure Roger Knutson That s part of the record The booklet you received is part of the record And the power point presentation by Lori Haak and everything else that s been considered tonight Kurt Deter Thank you very much Mayor Furlong Alright With that I guess the to turn to the council and direction in terms of going here Clearly I think we ll have the record complete within 5 business days That we will have then for staff to put together their opportunity to provide comment on the new information received I guess the question that I would have and Mr Knutson from an appropriate standpoint there was some questions raised early on with regard to changes in the law With regard to the 10 year deed and how that applies and two with regard to whether or not one of the basins that was approved by the TEP panel would still be approved under the current law Is that I guess my question is is that something that you could provide us with some guidance on Roger Knutson Absolutely Mayor We will do that That s exempt I believe it s lea the lea exemption was changed in the statute and correspondingly in the rules And if Mr Deter wanted to comment on the law changes and their application that d be fine We d review that as well Mayor Furlong Okay And so that would give us and I think some guidance as to review Obviously the rules change we would need to take consideration of those changes and how they apply Are there any other information at this point That people know they re going to want to want to look at If not we may have a situation where there may be some additional questions that we might have after our review of all the information so I would anticipate that when this comes back there may be a question and answer period with staff and the applicants Obviously the public hearing is closed but we may have some additional discussions and questions as we try to make sure we understand clearly the information that s been included in the record From a timing standpoint in terms of date specific I guess I would ask staff if the 10th is sufficient time 36 312 City Council Meeting August 27 2007 given the Labor Day holiday next weekend and we might receive last information if we should be looking to the 24th as the next time we would see this Roger Knutson Mayor I ll be out of town myself for a few days so I d suggest the 24th if that s okay Mayor Furlong 24th Okay Is that the correct date I believe that s the correct date So at this point we have an extension through October 15t so the idea would be to table this item to our meeting of September 24th Is that does that work for the applicant in terms of availability and staff Okay Kurt Deter Mr Mayor Mayor Furlong Yes Kurt Deter If there is a staff recommendation before that will that be provided to the applicants before the 24th so we can see the recommendation I don t know how your process works here Mayor Furlong Our process typically the information is distributed as part of the council packet is sent out usually the Wednesday or Thursday prior to the council meeting and so that would that then becomes part of the public document and Iwould assume it would be available that would be available to you at that time Kurt Deter Thank you Mayor Furlong Okay Anything else on this at this time or questions Make sure everybody s clear on working together on this so with that I guess I would entertain a motion to table this item to our meeting of September 24th Councilwoman Ernst I would make a motion that we table the item until September 24th Mayor Furlong Thank you Is there a second Councilman Litsey Second Mayor Furlong It s made and seconded Councilwoman Ernst moved Councilman Litsey seconded to table the appeal of Wetland Exemption Determination located at the southwest corner of Lyman Boulevard and Powers Boulevard Jeff Fox and Richard Dorsey to the September 24 2007 City Council meeting All voted in favor and the motion carried unanimously with a vote of 5 to O Mayor Furlong Very good Thank you everyone 37 313 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site www ci chanhassen mn us If MEMORANDUM TO Todd Gerhardt City Manager FROM Angie Auseth Planner I DATE September 24 2007 SUBJ Papedis Variance Request 2101 Pinehurst Drive Lot 23 Block 1 Pinehurst 2nd Addition Planning Case 07 19 EXECUTIVE SUMMARY The applicant is appealing a denial of their variance request for an after the fact 5 3 variance from the 25 maximum hard surface coverage for the addition of patios and hardscape ACTION REQUIRED City Council approval requires a majority of City Council present PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on September 4 2007 The Planning Commission voted five for and one against a motion denying the hard surface coverage variance Planning Commission discussion brought up the importance of the 25 hard surface coverage maximum due to past flooding situations in the adjacent neighborhood directly south of Pinehurst The 25 maximum hardcover was addressed when Pinehurst was being platted At that time staff was concerned about the lack of available buildable surface due to the size of homes being proposed on the lots As a result Lennar Homes replatted Pinehurst 2nd Addition and reduced the number lots from 43 to 41 A homeowner from Manchester Drive directly south of the site expressed concern for his home flooding a third time due to the runoff produced from the Pinehurst Development The applicant representing the homeowner is the landscape architect He proposed a dry well system and other storm water infiltration applications which are designed to collect runoff and allow it absorb into the ground before it reaches the storm water pond The applicant also brought a letter of reference from Westwood Professional Services for an alternate runoff application for the subject site which consisted of a trench drain The concern of the Planning Commission regarding these alternative applications was if they would work with the soils in Chanhassen The City 01 Chanhassen A growing community with clean lakes quality schools a channing downtown thriving businesses winding trails and beautiful parks A great place to live work and play314 Todd Gerhardt September 24 2007 Page 2 of 2 The City Council has had discussions regarding credit for pervious applications and has not yet reached a conclusion with regard to the monitoring installation and maintenance that would be required to ensure the applications are in fact pervious A second issue brought up in the discussion was the fact that the hardscape was put into place without a permit The City requires a Residential Zoning Permit for all improvements to a parcel It is up to the homeowner andor contractor to contact the City and inquire and apply for such permit prior to installation The Planning Commission expressed their opinion that if a homeowner is going to spend the time and money on a project then they should at least call the City to inquire about city ordinances The permit information is also available on the City s website A third issue brought up in the discussion was whether or not to include the deck in the impervious coverage The decking used on the site has small drainage holes rather than a straight slatted decking which clog easily with debris leaving pools of water however as a policy staff has excluded standard slatted decks from the hard surface coverage calculations Based on that policy the deck was approved prior to the variance request therefore the deck is eliminated from the impervious surface calculations and the staff report has been revised to reflect that change The Planning Commission minutes for September 4 2007 are attached to this report RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion as specified on page 8 in the staff report dated September 4 2007 denying the hard surface coverage variance with the condition to bring the property into compliance with the 25 maximum hard surface coverage and adopt the attached Findings of Fact ATTACHMENTS 1 Letter from Southview Design Appealing Planning Commission Denial 2 Findings of Fact and Recommendation 3 Planning Commission Staff Report Dated September 4 2007 4 Planning Commission Minutes for September 4 2007 g plan2007 planning cases 07 19 2101 pinehurst hsc variance executive summary doc 315 September 10 2007 Dear Angie I am writing to inform you that I am appealing the denial decision made by the planning commission on September 4th regarding the variance request at 2101 Pinehurst Drive The planning case for this site is 07 19 I understand that we will need to meet in the near future and review this project with the City Council I look forward to our meeting on Tuesday IW EI thview Design J L September 11 th to start discussions on how we might be able to work 1875 East 50th Street Inver Grove Heights Minnesota 55077 I JJtogethertobetterunderstandanyopportunitiestocorrectrunoffwiththe current hardscapes on site If you have any further questions or need any East Met ro651 455 8238 Northwest Metro 763 422 018 Southwest Metro 952 881 229 1 651455 1734 jin C TECadditionalinformationpleasefeelfreetocalloremailmeThankyouOutdoor Living Commercial Residen tial Professional Planning Greenscapes Waterscapes Irrigation Hardscapes Concrete Pavers Custom Services iX E www southviewdesign com I l l J I316 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE Application of Southview Design for a 53 hard surface coverage variance for the addition of multiple patios and hardscape Planning Case No 07 19 On September 4 2007 the Chanhassen City Council met at its regularly scheduled meeting to consider the Appeal of Southview Design for a 53 hard surface coverage variance for the addition of multiple patios and hardscape at 2101 Pinehurst Drive located in the Single Family Residential District RSF at Lot 23 Block 1 Pinehurst 2nd Addition which had been denied at the September 4 2007 Planning Commission meeting The City Council conducted a hearing on the proposed variance The City Council reviewed the September 4 2007 Planning Commission minutes heard testimony from all interested persons wishing to speak and now makes the following FINDINGS OF FACT 1 The property is currently zoned Single Family Residc ntial RSF 2 The property is guided by the Land Use Plan for Residential Low Density Net Density Range 1 2 4u Acre 3 The legal description of the property is Lot 23 Block 1 Pinehurst 2nd Addition 4 The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts a The literal enforcement of the ordinance does not create a hardship since a reasonable use of the property a single family home a two car garage and the addition of a ten foot by ten foot patio could be constructed without a variance b The conditions upon which this variance is based are applicable to all properties in the RSF zoning district These conditions were discussed at length during the Planning Commission and City Council meetings when the development came in for preliminary and final plat approval The development was replatted in 2006 and two lots were eliminated to increase the size of the lots The lots are well over the minimum lot area requirement and have sufficient space to construct the desired home as well as other improvements to the property c The purpose of the variation is not directly based on the desire to increase the value or income potential of the parcel of land However the income potential may be increased as an indirect result 1 317 d The alleged hardship of exceeding the maximum hard surface coverage is a self created hardship The homes on the lots are very large However there was an additional 345 square feet of allowable expansion possible after the initial approval of the building permit e The variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located in that additional storm water runoff is generated from the hard surface on the property f The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets 5 The planning report 07 19 Variance dated September 24 2007 prepared by Angie Auseth et aI is incorporated herein ACTION The Chanhassen City Council denies the Variances from the impervious surface restrictions for the construction of multiple patios and hardscape ADOPTED by the Chanhassen City Council on this 24th day of September 2007 CHANHASSEN CITY COUNCIL BY Thomas A Furlong Mayor g plan2007 planning cases 07 19 2101 pinehurst hsc variancecc findings offact doc 2 318 z u Q 00 PC DATE 9 4 07 CC DATE 924 07 CITY OF CHANHASSEN REVIEW DEADLINE 102 07 CASE 07 19 BY AA STAFF REPORT PROPOSAL Request for an after the fact 5 3 4 variance from the 25 maximum hard surface coverage for the addition of patios and hardscape LOCATION 2101 Pinehurst Drive Lot 23 Block 1 Pinehurst 2nd Addition APPLICANT OWNER Ojar Papedis 2101 Pinehurst Drive Chanhassen MN 55317 Tim Johnson South view Design 1875 East 50th Street Inver Grove Heights MN 55077 PRESENT ZONING Residential Single Family RSF 2020 LAND USE PLAN Residential Low Density ACREAGE 044 acres DENSITY NA SUMMARY OF REQUEST The applicant is requesting a 5 3 4 hard surface variance for the addition of patios and hardscape Notice of this public hearing has been mailed to all property owners within 500 feet LEVEL OF CITY DISCRETION IN DECISION MAKING The City s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards This is a quasi judicial decision 319 2101 Pinehurst Drive Variance Request Planning Case 07 19 September 4 2007 Page 2 of9 PROPOSAL SUMMARY The applicant is requesting a variance to allow a 30 3 hard surface coverage The Zoning Ordinance allows a maximum of 25 hard surface coverage The property is zoned Residential Single Family RSF It is located on Lot 23 Block 1 Pinehurst 2nd Addition Access to the site is gained off of Pinehurst Drive The City received abuilding permit for the subject site that reflected a 23 2 hard surface coverage The plans had adequate area to accommodate a future patio The contractor received notice by a building inspector on July 30 2007 that the Zoning Ordinance permits a maximum hard surface coverage of 25 and that all hardscape improvements require a Residential Zoning Permit At the time the contractor was notified the installation of the deck and patios was nearly complete The contractor then submitted a variance request for the subject site Staff is recommending denial of the applicant s request based on the fact that the applicant has reasonable use of the property with adequate outdoor expansion area and approval of this application could set a precedent 320 2101 Pinehurst Drive Variance Request Planning Case 07 19 September 4 2007 Page 3 of 9 APPLICABLE REGULATIONS Chapter 20 Division 3 Variances Section 20 615 4 RSF District Requirements Hard Surface Coverage Sec 20 905 6 Single family dwellings BACKGROUND The property is located on Lot 23 Block 1 in the Pinehurst 2nd Addition which is zoned Residential Single Family RSF The subject property is 19423 square feet in area It has a lot frontage of 108 feet and approximately 265 feet in depth The minimum lot dimensions in the RSF district are 15 000 square foot lot 90 foot lot frontage and 125 foot lot depth This lot exceeds the minimum requirements for the RSF district The building permit for the proposed home driveway and front sidewalk on the property was approved on January 16 2007 The building permit reflected a hard surface coverage of 23 2 The maximum impervious surface in the RSF district is 25 The proposed 23 2 coverage allowed for future improvements such as a patio Based on the building permit application the homeowner would have had an additional 345 square feet of hard surface for future expansion I I o r t i i t la m I I 1 END j mWrl1 f v t V Drd r 1oI1I AlVt 1l1lolw oo r1 Y L1n I 04 t oUl I I E m l I DIct rey fl l Ollot II lIodl M1Iu t l c lI u oI Llln NN L 1 1l 1 tl Itln YlolfT r I r r T ll C 0 Hill t lo lr r I T t l 1 1 Ef A rrTri C l IIl I t tr MoI t i f lt 1 EHl lffliC tlliO 1i L f n 11 I tooI T l rvr l 1 I If Ub J J I i I I tcI I bIoI fUtrvrILIN I fl Jl UIUa JI C I I rJl 10 I l NJ I 1 r t o H tr h li t 2 I lo il ti r iM 1 7 I r Gft fII OX 10 Ulf r lOt 1 i oJ Of t 031L I I I I 11 I H lf 1 I r t e x TIC t t M I nt r 4 h N 1 1 D4 T C f l f 1 r I t al to c7 L JIc t r i r f v t l lXr t Ul I 4 I k ll liii s IEl c iojool f t f I kD u mli 321 2101 Pinehurst Drive Variance Request Planning Case 07 19 September 4 2007 Page 4 of 9 At the time the Pinehurst Development was going through the public hearing process in 2006 hard surface coverage was a concern on these lots The proposed lots were too small to accommodate the size of homes that were proposed in this development Pinehurst was replatted in 2006 from 43 lots to 41 lots to increase the lot size on some of the lots Due to the size of the homes proposed by the developer the developer was aware of the limited availability of additional square footage for any further improvements or additions on these lots In an attempt to avoid future hard cover issues due to the increased size of homes on lots on July 6 2006 the City amended Sec 20 905 Single family dwellings 6 Where access doors are proposed from a dwelling to the outdoors which does not connect directly to a sidewalk or stoop a minimum ten feet by ten feet hard surface area shall be assumed Such surface area must be shown to comply with property lines lake and wetland setbacks may not encroach into conservation or drainage and utility easements and shall not bring the site s hard surface coverage above that permitted by ordinance ANALYSIS The applicant is requesting a 5 3 A hard surface coverage variance from the 25 maximum hard surface coverage The lot area is 19423 square feet Based on the 25 maximum coverage allowed the home driveway walkway etc may occupy 4 858 square feet The original building permit occupied 4 513 square feet of hard cover the remaining impervious surface allowed was 345 square feet The proposed hard cover additions occupy 1 374l8 square feet which is 1 029 square feet over what is allowed by ordinance for this parcel Much of the impervious surface is currently installed on the site i lJ 5 Ua mlm fi n HTITFPTUttfrl r I f1j jJSl l r t lIt1 gLr iIIIr Jo g i I 4 y i J i 0 r 1 I i t u J 5y r t t Irji j li i 1 iIi I I i L i i lrj I IiJrIf It i Mlh i o gl t f I I I IIictiIf f g J f I J eo 1 0 IllIIj t I j i r 322 2101 Pinehurst Drive Variance Request Planning Case 07 19 September 4 2007 Page 5 of 9 Surface Building Permit Proposed Square Feet Square Feet House GaragelPorch 3 232 3 232 Driveway 1 281 1 281 Front Sidewalk 170 Upper Patio 445 Fire Pit 225 Fire Pit Boulder Ring 16 Stone Steps 28 4Ge Lower Wall 160 Upper Wall 205 Steppers 125 Total 4 513 or 23 2 5 887 or 30 3 G 293 or 324 Note As a policy staff does not include standard slatted decking as hard cover ho vever upon inspection of the site the decking is a composite material that interlocks leaving only a small drainage opening for rain to fIo through These small drainage holes get blocked with debris and do not allow ater to run through Impervious surface is defined as any material that substantially reduces or prevents the infiltration of storm water Due to the lack of drainage permitted by this type of decking staff is including the decking as hard cover There is not an exiting door under the deck and the applicant has communicated to staff that this space will remain green and will not have any impervious surfaces Staff informed the developer of the hard cover issues during the subdivision process Lennar Homes replatted Pinehurst 2nd Addition to eliminate two lots in 2006 It is the developer and real estate agent s duty to inform the prospective homeowner of any and all limitations on the site Since Lennar Homes is also the builder they were aware of the constraints on the property Due to the nature of the homes in this development the expectation is to improve the exterior of the property with landscaping and hardscaping Prospective homeowners should have been made aware of the impervious restrictions prior to building on these lots In addition all hardscape improvements require approval of a Residential Zoning Permit obtained by the homeowner or contractor A building inspector was conducting an inspection at a different site and noticed the improvements He informed the contractor of the 25 hard surface coverage restrictions on the site and that the contractor must discontinue the installation of the deck and patios and obtain a Residential Zoning Permit prior to resuming construction A residential zoning permit acts as a safety net to identify any potential code violations such as setback encroachments and hard cover requirements prior to construction This permit is at no 323 2101 Pinehurst Drive Variance Request Planning Case 07 19 September 4 2007 Page 6 of9 cost to the homeowner and allows the City and the homeowner an opportunity to correct any encroachments before installation begins It is the contractor homeowner s responsibility to contact the City prior to construction and obtain a Residential Zoning Permit to ensure compliance with city code If a variance is granted from the 25 hard surface maximum it may set a precedent in this neighborhood as well as other neighborhoods to apply for variances for hardscape improvements beyond the restrictions set forth in the City Code Site Characteristics The topography of the site slopes significantly in the rear yard from a high of elevation of 1051 3 to 1034 which constitutes a 17 3 foot drop in a matter of 70 feet A storm water pond is located outside of the property lines just to the west of the rear yard of the property The runoff from these lots will run directly into the storm water pond While increasing the hard surface coverage for one lot may not impact the storm water pond significantly increasing the hard surface coverage for a number of lots in this development will significantly impact the storm water system The water from this pond eventually runs into the Minnesota River According to the Hydrology Guide for Minnesota by the U S D A Soil Conservation Service the recommended hard surface coverage for a one half acre approximately 21 000 square foot lot is 25 This information is based on the Hydrologic Curve which translates to the amount of runoff produced from a particular surface The Hydrologic Curve for the Pinehurst Subdivision is 72 This is consistent with the U S D A Soil Conservation Service for soil types Band C soils containing non permeable material such as clay Permitted Use The site is zoned RSF Residential Single Family Reasonable use of a property within the RSF district is a single family home with a two car garage A single family home with a three car garage is currently constructed on the property Even after the initial construction of the home there was 345 square feet of additional hard cover allowed on the property FINDINGS The Planning Commission shall not grant a variance unless they find the following facts a That the literal enforcement of this chapter would cause an undue hardship Undue hardship means that the property cannot be put to reasonable use because of its size physical surroundings shape or topography Reasonable use includes a use made by a majority of comparable property within 500 feet of it The intent of this provision is not to allow a proliferation of variances but to recognize that there are pre existing standards in this neighborhood Variances that blend with these pre existing standards without departing 324 2101 Pinehurst Drive Variance Request Planning Case 07 19 September 4 2007 Page 7 of 9 downward from them meet these criteria Finding The literal enforcement of the ordinance does not create a hardship since a reasonable use of the property a single family home a two car garage and the addition of a ten foot by ten foot patio could be constructed without a variance b The conditions upon which a petition for a variance is based are not applicable generally to other property within the same zoning classification Finding The conditions upon which this variance is based are applicable to all properties in the RSF zoning district These conditions were discussed at length during the Planning Commission and City Council meetings when the development came in for preliminary and final plat approval The development was replatted in 2006 and two lots were eliminated to increase the size of the lots The lots are well over the minimum lot area requirement and have sufficient space to construct the desired home as well as other improvements to the property c The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land Finding The purpose of the variation is not directly based on the desire to increase the value or income potential of the parcel of land However the income potential may be increased as an indirect result d The alleged difficulty or hardship is not a self created hardship Finding The alleged hardship of exceeding the maximum hard surface coverage is a self created hardship The homes on the lots are very large However there was an additional 345 square feet of allowable expansion possible after the initial approval of the building permit e The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located Finding The variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located in that additional storm water runoff is generated from the hard surface on the property f The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood 325 2101 Pinehurst Drive Variance Request Planning Case 07 19 September 4 2007 Page 8 of9 Finding The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets RECOMMENDATION Staff recommends that and the Planning Commission recommend that City Council adopts the following motion The City Council Planning Commission denies Variance 07 19 for a 5 3 4 hard surface coverage variance from the 25 maximum hard surface coverage for the addition of hardscape in Pinehurst 2nd Addition based on the findings of fact in the staff report with the following condition 1 The hard surface coverage of the site shall not exceed 25 A TTACHMENTS 1 Findings of Fact and Recommendation 2 Development Review Application 3 Reduced copy of lot survey 4 Reduced copy of hardscape design 5 Pinehurst Hydrograph Report Drainage Area 10 6 Drainage Map for Pinehurst 2nd Addition 7 Hydrology Guide for Minnesota figure 3 2 8 Public Hearing Notice and Affidavit of Mailing g plan2007 planning cases 07 9 210 pinehurst hsc variancestaffreport doc 326 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE Application of Southview Design for a 74 hard surface coverage variance for the addition of multiple patios and hardscape Planning Case No 07 19 On September 4 2007 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Southview Design for a 74 hard surface coverage variance for the addition of multiple patios and hardscape at 210 1 Pinehurst Drive located in the Single Family Residential District RSF at Lot 23 Block 1 Pinehurst 2nd Addition The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following FINDINGS OF FACT 1 The property is currently zoned Single Family Residential RSF 2 The property is guided by the Land Use Plan for Residential Low Density Net Density Range 1 2 4u Acre 3 The legal description of the property is Lot 23 Block 1 Pinehurst 2nd Addition 4 The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts a The literal enforcement of the ordinance does not create a hardship since a reasonable use of the property a single family home a two car garage and the addition of aten foot by ten foot patio could be constructed without a variance b The conditions upon which this variance is based are applicable to all properties in the RSF zoning district These conditions were discussed at length during the Planning Commission and City Council meetings when the development came in for preliminary and final plat approval The development was replatted in 2006 and two lots were eliminated to increase the size of the lots The lots are well over the minimum lot area requirement and have sufficient space to construct the desired home as well as other improvements to the property c The purpose of the variation is not directly based on the desire to increase the value or income potential of the parcel of land However the income potential may be increased as an indirect result 1 327 d The alleged hardship of exceeding the maximum hard surface coverage is a self created hardship The homes on the lots are very large However there was an additional 345 square feet of allowable expansion possible after the initial approval of the building permit e The variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located in that additional storm water runoff is generated from the hard surface on the property f The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets 5 The planning report 07 19 Variance dated September 4 2007 prepared by Angie Auseth et aI is incorporated herein ACTION The Planning Commission denies the Variances from the impervious surface restrictions for the construction of multiple patios and hardscape ADOPTED by the Chanhassen Planning Commission on this 4th day of September 2007 CHANHASSEN PLANNING COMMISSION BY Its Chairman g plan2007 planning cases 07 19 2101 pinehurst hsc variancefindings offact doc 2 328 Planning Case No Of l9 CITY OF CHANHASSEN 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 erfYOF CHANHASSEN RECEIVED AUG 0 2 2007 DEVELOPMENT REVIEW APPLICATION tt t N PLANNING DEPT PLEASE PRINT Applicant Name and Address Owner Name and Address O ctjC vJ DeSI J D fyPcO S 15 E 50 sT Z Ot B V S J N e S M SS011 MtJ SS I1 Contact tI ON Contact Phone Fax G SS 1 3a Phone lDl2 3cfl Z 11 Fax Email P J I1 CotA Email NOTE Consultation with City staff is required prior to submittal including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit CUP Interim Use Permit IUP Vacation of Right of Way Easements VAC L Variance VARru 06 Non conforming Use Permit Wetland Alteration Permit WAP Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign 200 City to install and remove c rv A J x for Filing Fee AttQney Cost 50 UP SPRNAC@BJWAP Metes Bounds o MinorSUB I SAEA5lJeClV Subdivision TOTAL FEE u yVlOtty I zJo 7 An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing Site Plan Review SPRY Sixteen 16 full size folded copies of the plans must be submitted including an 8 X 11 reduced copy for each plan sheet along with a diQital copy in TIFF Group 4 tif format Escrow will be required for other applications through the development contract Building material samples must be submitted with site plan reviews NOTE When multiple applications are processed the appropriate fee shall be charged farAtltlEDeachapplication329 Jul 31 2007 6 07PM OJARS PAPEDIS 9528449823 p 3 PROJECT NAME LJpJDscffiN b fd2 o M LOCATION 2 l0 Pttu2 l S Dt2lVc LEGAL DESCRIPTION PAPEOt C L etJtJl1Z t ev N i Jet vol tJ 15 uJ D NO A determination of completeness of the application shall be made within 15 business days of application submittal A written notice ofapplication deficiencies shall be mailed to the applicant within 15 business days of application This Is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed In my name and I am the party whom the City should contact regarding any matter pertaining to this application I have attached a copy of proof of ownership either copy of OWners Duplicate Certificate of Title Abstract of TrUe or purchase agreement or I am Ihe authorized person to make this application and the fee owner has also signed this application I will keep myself informed of the deadlines for submission of material and the progress of this application further understand that additional fees 1lEl arged for consulting fees feasibility studies etc with an estimate prior to any authorization to lf6ceed with t st y The documents and information I have submitted are true and correct to the best of my knowled I J I I 1ft 07 Date IP7 G pLAN fonns Oevelopmenl Review Application DOC Rev 12105 GCAtltlEO 330 3 g l t Jrl f D C C C 0 E 0o 1 a I W Z a ai C C G c5 z Il fI D @ UJ c iC Cl r CN z 0 0 g U z UJ r z a 0 z IlJ r en s 1j il 1 0 E c g 2 ol C G o Q xG G t 5 g51 C C u l0 g o B I g 0 J2 Do ga cG g c 4 2 oS l 00fiB c J 0 o z o o o o 1 a J W Z a c o u c o u r tJ 114 t ttJ g g g fi u as 0 E o 5 o EJ D G t g I D E 0 2 0 5 It G 5 of Bl 1i 5 0 o 2 e 0 C o J2 C 1 C i i 4 0 u o 0 CC O o G cuc CG CD 2 og u 00 O o MD I f u uo iii S IH tt CO 000 D C c o c G g C DC g a EUlCJ Q oi g 1 w O w CCOG Q g Ma uc u Z o o o o z a u I u W z a a w 0 l u a ii5 o C C 12 u oGDOl u o o C C G o CG Q cG 2 j oOO 00 0 cat s j cc c 000 e g g o n c g0 Ug W 0 W r zIIIffi r fi 8 I o Cl a l1 r 0 i g g I J E 0 o E zUJ IO z 0 0 N s B t@ Q E i I j Q C cgg 8 3 0 C EvOO E e GJ i Q oOCla 0 z gH1ig 2 8 ffi Uld xOU f c w a CL z I G Ul C rdi oooa ti z o 0 il u w o a w 0 o 0 0 Cl Z w c W J o N J1 i m N Vie wCC 0oz0 iS o s 1 l C ctPV o j V d6 I NOf 110 i1 ON 1 07 3 1J1r Or lJ k 1I 1I1S 711 OL 1I A VJ NO rS 10m NN i f UJ f Ii I 05 rlJV J I y I I I2 o 0 i 8J 2 l Cl i ti J o f5 Oi S o Q ffo i5 1J ii Q IsJ J 12 J t fiJ0 0 t o gJg cS 41J vi rK V r tj g 8 bp3SV81llnJJ ro INTJJ lm9J1n Loat t 331 332 Hydrograph Report 13 Hydraflow Hydrographs by Intelisolve Wednesday Jul6 2005 9 12 AM Hyd No 11 DA 10 Hydrograph type SCS Runoff Storm frequency 100 yrs Drainage area 16 66 ac Basin Slope 3 5 T c method LAG Total precip 6 00 in Storm duration 24 hrs Peak discharge 49 96 cfs Time interval 3 min Curve number 72 Hydraulic length 1100 ft Time of conc Te 23 2 min Distribution Type II Shape factor 484 Hydrograph Volume 4 052 act Hydrograph Discharge Table Time Outflow hrs cfs Printed values t 100 of Qp 12 10 49 96 End 333 NO WZ N 0 MI8 f5it U2 8 i P L if j r rl c i J Ii y o v I I t W j tf i Jff n I r 1 I 1 o i j I JV fI III Ii f il ClIp Sg sbO 0 o b JI IluJJlQIEl II 0 51 o J j Qjlil oGliIcdIoii IIII j ll IILh Itl IJ oJg1Jofg H 2 Htul 334 SOUeCf j dro Gu de m MIIre U S I 4 Soil LOYlsennfif SoV I c mM M IISOILCONSERVAnONSERVICE MN ENG73 9 76 File Code ENG13 FIGURE 32 HYDROLOGIC CURVE NUMBER COMPUTATION SHEET LAND USE FOR URBAN AREAS Present or Future Watershed Site D A Acres Computed by Date Checked by Date Curve Numbers Acres Moisture Condition II LAND USE DESCRIPTION Per A B C D Practice Soils Soils Soils Soils Product Cultivated Land without conservation treatment 72 81 88 91 with conservation treatment 62 71 78 81 Pasture or range land poor condition 68 79 86 89 good condition 3q 61 74 80 Meadow good condition 30 58 71 78 Wood or Forest land thin stand poor cover no mulch 45 66 77 83 good cover 25 55 70 77 Open Spaces lawns parks golf courses ceme teries etc good condition grass cover on 75 or more of the area 39 61 74 80 fair condition grass cover on 50 to 75 of the area 49 69 79 84 Corrnnercial and business areas 85 impervious 89 92 94 95 Industrial districts 72impervious 81 88 91 93 Residential Average lot size Average Impervious 1 8 acre or less 65 77 85 90 92 1 4 acre 3B 61 75 83 87 1 3 acre It 520S 30 57 72 81 86 1 2 acre 2l17Bo5 f 25 54 70 80 85 1 acre 20 51 68 79 84 Paved parking lots roofs dri velays etc 98 98 98 98 Streets and roads p ved with curbs and storm sewers 98 98 98 98 gravel 76 85 89 91 dirt 72 82 87 89 t1arsh J5 J5 J5 85 Other Total Acres Weighted Runoff Curve No Product Total Total Acres Product Total 34 II II II II II JI I II II II I II II335 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA ss COUNTYOFCARVER I Karen J Engelhardt being first duly sworn on oath deposes that she is and was on August 23 2007 the duly qualified and acting Deputy Clerk of the City of Chanhassen Minnesota that on said date she caused to be mailed a copy of the attached notice of Public Hearing for 2101 Pinehurst Variance Planning Case 07 19 to the persons named on attached Exhibit A by enclosing a copy of said notice in an envelope addressed to such owner and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer Carver County Minnesota and by other appropriate records Subscribed and sworn to before me thi day of AUCJl h 2007 INII r n A Notary Pu ic x 1 1 ta IornolcOfAjillesJan312010 336 I CDCDtnSr I I UU CtsCD E Io E0CUJtnc c o 2 Q Cts 0 a o cZQUUCtsrrCtsrUtnrQQctnor UU Cts E o E0u QJtnc r r o r Q Cts 0 c o cZCDUUctSrcCtsrUtnc 5ColE oigol J Q en E C cf cn8 B Q c g O Q ctl Ul 0J o 0oou 0 I S 0 ctl CO I Q5 I g I E iii o U 0Q Q5Q CI OoU gEg f Q5 jl E O Q ctl 0 Q J U J iij Ul Q C Q Q 0 J g U ElOO E 1 Q C I Cll Cll en 5 a 2 OCIQ J OJ l a u @ Q s I ti a J CI C GEiGIIIC s III s sOenllltO 0 U G ili c a a III ge eg JQ CQ J 5ColE oiClO C CCll J Q f E 0 O Q D g 0 Q ctl orctl o 0 0 I S 0 ctl CO I Q5 I g I 0 8 OO Q CI 0 Q UgEg Q5 jl E 8 Q Q 13 ctlEcc cn o c J ctl Q Q 0 0 J 20E 1 Q ctl E ctl 5 g5I@ Q I ti 0 a J GEiGIIIC s III s sOenllltO 0 G III I 0 0 a III ge eg JQ CQ J o G Q E J O Q III III J o C ctl Q Q Q lllen J0Q J Q J OcEJ 00 U oO t lll ctl O ctloG J U u g G o ctl o J E J J 0 e iij g c E E Q g 0 J 0 g U E s OO EE w cnBm O o J E 0 1llG 0 Q cO o Q ctl ctl 0 en E O o o 0 J QQ J oe 0 ii Q Q C 0 C 0 U 0 s C u J J Q ctl ctl 0 Q en 0 0 Q C C 0 J C 0 E E i 0 0 E 5 0 a ctlctl o C Q coQ uJQ t E Q EQ c ctl oQ @o oen J 0 Q 0 0 ctl J a Jl E uoO Q Q cO J G G C J Q c 0 8 0 0 0 Q 2 0 0 C J 0 JCJJ O u Q Q E ctlM Ellln2 ctlO c J Octl a G 0 ctl 0 Q co r Q Q G 0 s Q Q CctlC Q ClJ EJ s J ctl ctlQ CI Q I a o 0 0 0 0 g ffi U o J E J G Q Q Q c o c Q OCQ CI cJ gj g E e c 0 E en 0 Q O Q E 5ctl uoo CQ O s E o Q enJctlmu E G S o U UJ I o J JO 0 Q EC c Q g 0 E E J o oJ Q J J 0 0 0 s I ctlctlO NM o Uctlooa enOls s Gaa G III G J 2G1llJ J3 ili ci20rUloCIl0iiiCIlUlCIlCIl Q CIloS 100Ul0JraEcr0 0 raogCI C QJ OJ o Q ctS 8ctl 0 U Q Q 0 o C U C Q ctl 0 Q 0 E J J 0 0 iij 0 Q o E Q 0 U E COJOQ g g g E 0 0 Co O 5 0 0 Q 0 C 0 Q J Q 0 C E E 0 E 0 ctl 2 o e C Q o O C ctl J 0 Q 0 0 UOO Q Q Q cJ Q 0 0 Q Q 0 J c J E o uu o ctlO 0 Q J c 0 ctl Q Q UcQ ciog J Q ctl o O 0 U io Q e c Q gj 0 ioS 2 Q J 0 0 Q ctl E 2 @ J Q Eo o u u J oJQ Q 6 5J I Oo J 0 0 J I ctl ctl 0 CI M t Ol Gaa G III G J 2G1llJ J3 ili enJl s s o GEE000 8 c J Jl C III III Q 5 Q Q III en Q J 0 C E J oO Q t lll ctl coctloG J Q 0 Jl I 0 UJ Q G 0 ctl E 0 5 c c o o G 2 ocJ uE s Q o uQ oQ G O Q Q o JlG E 0 III G ctl ctl 0 en E Q 0Q J Q 00 co c gj U 0 5 s Q ctl ctl 0Q en 0 fiUJJ c 0 E S Q U 0 G Q co 0 U J Q t 0 @o ctloenE Ci5 U5 g Jl E c 0 8 c c O Q E E ctl M ctl n J 0 ctl a G Q Ll 1 Q c Q ctlctllQ EG Os Q ClJ J ctl lj CI Q I a o J 0 E I J G Q ecQ Q J G c 0 E 0 en 0 Q J ctl uoo ctlc Q O 0 13 J Q U E G J 0 0 Q E c s o c E ctl E 0 Q Jg oii oe o u ctlO 0 C enJl s sOGEE000 Ql ID ID 00 Q g c 1tl 0 0 0 5 c o g ca 9 i 2 i w o ID w ca rn c E g ni ro g g 6g 0 e 8 t g J oE 2 ecaa E o oo c i m 6ro a 00 g Eg J i cg E g g ca f5E c E E 6g g 15 2 Ow 0 E o W 19 g g E o 0 U c 000 U o oco oo 0 G ni fir 1i rn C ID E w I Q J U f 5 5 c l C Q l 2O E ca 0 m 0 0 E E m196 U 19 i5 a5 8 Q ai g a ca l S 0 l f CE E Ql E UE ofr G 2 OOCQ ml e 0 Ua5 5m o o E O ES oEQ o i a5 g 00 0 g o Q 5 gg 0 E g u a 0 g 0 C 2i a l a5 c 0 00 Q i 8 a5gs g Q en Q c Q en m E o g ID 0 0 3 0 rn 3 g cag Q o Q Q o Q gm Q 2 EoGenQ Q E o co enEQ o Q 0m05 ca mQ O o 2 en G B ga Q a5 a g 2 Eg R Egi Q rne8 m8 g ca rr g OQ 5 a c gQ Q Q C C E C o wo 5 a E ID en g E 0 5 ca g uc 5 O O Q D OU 1 0 Q E 5 6 cU E c S o E C G c Q Q Gc C omo 3 iamO g i 0 E Q 2 2 f 2 en Q t 0 Q OQ t E EQ a Q Q l O Ern 8 E rn E g 8 g U5 g 9 c 8 EE m g5 2C rnQ OO oE ooenO enIDmmC owco c uo tc o m U5t B IDOg 2 go g g 9 g 0 E 5 g a E gg m 8 2c Ql QlEEUQl0C0 CUlO E2 oE 2 w 8B g 3 ID l o 5 g c en t O 0 Q a a ID g ID 0 m m c 0 6 c c 5Q IDW ID g Q E Q 5 R 2 191 c Eg Eni ca cID IDa Ql 2 9 e 8 g ij 1 c 2 o e ca a roE c 0 en C c coQEE0 OE Q W m Q ID Q g g t g g en W co 0 o 0 7J g 5 2 m E Enien Q 1 00 Ec c aQ C3 5Q 5 15 Q C g ca OEg o c E 6 g 15 2 0 6 0 E 0 5 Q g 6 5 C en O u g o a OCg 0Q 0 Q C l E Q Q 0 J 5 to 2 cQ Q 2U Emi Q E 0 8 19 i5 a5 8 ID ai 5 a ca Q S Q f cE E Ql E UE e GS 8 1 6 K a Q C j EQ a5 g aO 0 g o Q 5 O 0 S l t Ul mcw Eo c ID Q u mg gEcacenac c cogs a 0 0 0 C 0 a ID Q c en l cO m oIDg0Eg w 8 Q 25 5g rna5 g O mm s cO WUC l g 500 g o Q w 1 c Q 0 ca E a g Q 0 0 0 rn g m IDo Q Q O Q am Q 2 E G ID E B 5 co wEQ o Q l c enmO m caQ O o 2 ww 0 E g Q o g 2g g5 KEg Q e8 m2 B ca Err gOCOwg 5 o c 5Q IDc gE c o Q O S a E en E a g m g Uc5 f Oao Q oO Q o Q E 5 Q 5Q comc QEc c o EOc c c C Q Q g 2 m Q 3 O 0 J U o E Q 2 c7 2 5tCi 0 i g I SE 2 gg Q g c go cao o 19E E E2 2 U g i a en w U g J og en9 c c 5 8 E co cag5 2C Q Ou 8Ec Q 5 g8 go c O a ca O ao en 0E c o Q U g 0 o t 5 a5 c 19 g a t c 5 a E gg ca 8 g 2 a J EEo a 8 Q l 8 E g OO oo SS UU 0 Cll rn 0 3 337 Ii 2 Disclaimer This map isneither alegaily recorded map nor asurvey and isnot intended to be used as one This map isacompilation 01 records inlormation and data located in vanous city county state and federal offices and other sources regarding the area shown and is to be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error Iree and the City does not represent that the GIS Data can be used for navigational tracking orany other purpose requiring exacting measurement of distance ordirection or precision in the depiction 01 geographic leatures II errors or discrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 466 03 Subd 21 2000 and the user of this map acknowledges that the City shail not be liable for any damages and expressly waives ail claims and agrees to defend indemnify and hold harmless the City Irom any and all claims brought by User its employees or agents orthird parties w1hich anse out of the use s access oruseof data provided Ii 2 Disclaimer This map is neither a legaily recorded map nor a survey and is not intended to be used as one This map is a compilation of records information and data located in vanous city county state and federal offices and other sources regarding the area shown and isto be used for reference purposes only The City does not warrant that the Geographic Information System GIS Data used to prepare this map are error free and the City does not represent that the GIS Data can be used for navigational tracking orany other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic leatures II errorsor discrepancies are found please contact 952 227 1107 The preceding disclaimer is provided pursuant to Minnesota Statutes 466 03 Subd 21 2000 and the user of this map acknowledges that the City shail not be liable for any damages and expressly waives ail claims and agrees to defend indemnify and hold harmless the City Irom any and all claims brought by User its employees or agents orthird parties w1hich anse out of the use s access or useof data provided 338 WILLIAM V NANCY M SWEARENGIN TRUSTEES OF FAMILY TRUST 2080 CRESTVIEW DR EXCELSIOR MN 55331 8007 JUDITH ELAINE ALEXANDER 2122 LAKE LUCY RD CHANHASSEN MN 55317 6705 XUEBING FENG XIAOGUANG DENG 6724 MANCHESTER DR CHANHASSEN MN 55317 6700 JAYSON C DREHER 2144 LAKE LUCY RD CHANHASSEN MN 55317 6705 WILLIAM F JEANNE A KRAKE 6739 MANCHESTER DR CHANHASSEN MN 55317 6700 SANDRA L WELLS 2051 HIGHGATE CIR CHANHASSEN MN 55317 6704 CHARLES R BEVERLY J JACKSON 2110 CRESTVIEW DR EXCELSIOR MN 55331 8009 TIMOTHY P HEIDI S LARKIN LECY BROS CONSTRUCTION 2150 CRESTVIEW DR EXCELSIOR MN 55331 8009 JOHN MARK JANICE RAE MOBERG 6738 MANCHESTER DR CHANHASSEN MN 55317 6700 SCOTT D CYNTHIA L BOEDDEKER 6710 MANCHESTER DR CHANHASSEN MN 55317 6700 PAUL S TUNGSETH 2051 CRESTVIEW DR EXCELSIOR MN 55331 8008 ERIC W GRETCHEN G LOPER 2076 HIGHGATE CIR CHANHASSEN MN 55317 6704 DUANE R SUSAN D MORRIS 2151 CRESTVIEW DR EXCELSIOR MN 55331 8010 ROBERT A JR BRENDA KNESS 2121 CRESTVIEW DR EXCELSIOR MN 55331 8010 STEVEN S LORI A ABBLETT 2081 CRESTVIEW DR EXCELSIOR MN 55331 8008 COURTNEY W CHRISTINE CLAFLIN 1106 55TH AVE S FARGO ND 58104 6456 JEFFREY A JORGENSEN HELENA B STAFKO 2028 HIGHGATE CIR CHANHASSEN MN 55317 6704 DANIEL J DOHSE MAR IT S LEE DOHSE 2058 HIGHGATE CIR CHANHASSEN MN 55317 6704 U S HOME CORP 935 EASTWAYZATA BLVD WAYZATA MN 55391 1849 THOMAS J WOODS 2031 EDGEWOOD CT CHANHASSEN MN 55317 4577 ANDREW DANA LUING 2020 EDGEWOOD CT CHANHASSEN MN 55317 4577 PLOWSHARES DEVELOPMENT LLC 1851 WEST LAKE DR STE 550 CHANHASSEN MN 55317 8567 US HOME CORP PLOWSHARES DEVELOPMENT LLC 935 EASTWAYZATA BLVD WAYZATA MN 55391 1849 OJARS A PAP EDIS TRUSTEE OF 0 PAPEDIS TRUST 2101 PINEHURST DR CHANHASSEN MN 55317 4579 BEN MARGARET L1AO 3645 FORESTVIEW LN PLYMOUTH MN 55441 1336 RICHARD MARIE JENNINGS 2021 EDGEWOOD CT CHANHASSEN MN 55317 4577 TONKA DEVELOPMENT LLC 21470 EXCELSIOR BLVD EXCELSIOR MN 55331 8743 339 Public Hearing Notification Area 500 feet 2101 Pinehurst Drive City of Chanhassen Planning Case 07 19 est 65th Street r co 9 340 Planning Commission Meeting September 4 2007 All voted in favor except Papke who opposed and the motion carried with a vote of 5 to 1 PAPEDIS VARIANCE REQUEST FOR VARIANCE TO HARD SURFACE COVERAGE ON PROPERTY LOCATED AT 2101 PINEHURST DRIVE APPLICANT SOUTHVIEW DESIGN PLANNING CASE 07 19 Public Present Name Address Tim Johnson Southview Design Scott Boeddeker 1875 E 50th Street Inver Grove Heights 6710 Manchester Drive Angie Auseth presented the staff report on this item McDonald We ll start to my left this time Kurt Papke What are the lower there s a table on page 5 that shows the differences from what the issues with the building permit and there s two items on there I couldn t quite make out from the plan They re the lower wall and upper wall Are these the retaining walls The boulder retaining walls in place Auseth Yes those are the retaining walls Papke That s all Larson Okay I have a question McDonald Go right ahead Larson If they had used a different material rather than brick pavers Something that was what do you call it McDonald Permeable Larson That will accept water would this have been an issue Auseth Yes Currently we don t give any credit to any other types of material Things that are pervious and we appreciate the fact that people are putting those in but at this time we don t give any credit for those Larson What if it had been grass as opposed to brick pavers or you know something that was maybe harder surface however you know something an example would be like a putting green type of grass surface where it would accept water 13 341 Planning Commission Meeting September 4 2007 Auseth The difference would be Larson Well because that to me it s it will accept water Generous A grass surface would have been acceptable but Larson It would have Okay Generous It s just the council has resolved the issue about pervious pavers and that It s still part of the discussion that they re having at the council level Larson I see Papke Is pervious these pavers Auseth When we were at the site the contractor was showing us how the water went through telling us that they re pervious but there again we don thave any way of gauging that at this point It s what we would give credit for Larson Because typically the brick pavers if they are pervious they re put on sand and they do drain quite well I don t know that s all I had McDonald Kevin Dillon So in the table on page 5 all of those items you know besides the house and the driveway that are proposed are they all done Or are they still proposed Auseth I believe just about everything is already done The deck wasn t quite finished when I was out there And as far as the patios they re done and the fire pit s done The retaining walls are in The front sidewalk is in Dillon Alright And so so the staff informed the developer of the hard cover issues during the subdivision process so Lennar was fully aware of all of this Auseth Correct Dillon And was the company that was doing these proposed improvements were they aware Auseth I m not sure if they were aware or not Dillon Okay And was the homeowner aware Auseth There again I m not sure 14 342 Planning Commission Meeting September 4 2007 Dillon Alright So again what was their reaction when they were told to stop the improvements Auseth I believe they were upset and came in to City Hall with their proposal going for a vanance Dillon Okay Alright and so I expect the applicants will be up so I ll save the rest of my questions for them McDonald Dan Keefe Do you require in our development agreements any sort of disclosure from the builder and or the developer in terms of the limited amount of additional the available hard surface coverage because we knew that this was going to be an issue on this In this development Of we had a pretty good idea because we talked at length about it Generous We have in the past but not specifically on this one However even with that when 340 some square feet of additional impervious surface after they built their house and put the driveway and sidewalk seemed like a sufficient amount Keefe Right Well and Ijust wondered about you know how did it get fromto Lennar you know landscaping to the homeowner and the homeowner s I don t know who s at risk in this one It remains to be seen but what we did on this one Generous On the city code there s 25 site coverage McDonald Mark Undestad With only a handful of homes built out there now did they look at what they did the first time in changing some lots around or is there an opportunity to add onto the outlots somewhere or buy a park lot out there or something Generous Well not a park lot per se The City owns an outlot behind them There s always that opportunity to acquire additional land from your neighbor but then that makes that lot smaller and if they took the same size house it just pushes it down You know where the variance would come in Again when we looked at the expansion we though this would accommodate them And it did It accommodated the house and the basic house and driveway and sidewalk and it allows for 300 some square feet of expansion for the homeowner to come in So you know if they reduce it a hair they could have made it up there Lots of trade offs that people have to make Keefe One additional question On the decking you noted in the report that this particular decking seemed to be more impervious the way that it is I mean is cedar decking we allow or 15 343 Planning Commission Meeting September 4 2007 Auseth Typically the slated decking that has the full length open inbetween each slate is by policy is pervious This one has the tiny holes which I ve seen in other cases pond pretty much on the decking McDonald I kind of remember when all this came in What kind of discussions I mean I know that that was one of the reasons why they expanded what decreased the lots so we had bigger lot sizes because that was one of the issues that we brought up because of the type of homes that were being built on the smaller lots What discussions did you have with the developer to get that point across that okay we have an ordinance of 25 and you take the home the footprint the property 25 can be covered Did they fully understand that How did this get passed on We have this problem consistently and I know that was the reason for the ordinance a lot of the things that we ve got now because we have we had people tear things out so was this fully communicated Generous I believe it was and at one time the developer actually wanted to do a variance a blanket variance for the development and we said no we wouldn t support that and that s when the larger lots came into play However as you the house plan worked The site worked when they came in for their building permit It s when they started to create this extensive outdoor space with pavers Now if they had the fire pit on grass with just the pit we wouldn t have counted any of that as hard cover So there s ways that they could utilize it It would have been the retaining wall and they could have had a paved patio or brick patio up next to the house if they wanted a harder surface But by expanding it out that they sort of ate up their green area McDonald Have you had discussions with the homeowner about the rationale for this and why it is the way it is and suggestions for alternatives Generous I haven t had personally I don t know if they talked to our Water Resources Coordinator and she left that position so it s kind of open McDonald Okay Larson I ve got a comment if I may I wasjust noticing in here that the map you ve got a couple of dry wells It s got drain tile and all sorts of ways to help ward off the a flood situation so it seems I mean is there any way that those can be credited I suppose towards sort of the other stuff that they ve got and then the brick pavers question too is how does the city determine how pervious or impervious a brick paver is Generous Well the current policy is any time they put in a paver system it s considered impervious Because there s even with those pervious systems there s maintenance responsibility Over time they do become unless you clean them out and keep them working it becomes clogged and then it s just like Larson Even if it s like a sand or gravel underneath there Generous Yeah because you re going to get fine particles that eventually go into those hole systems and clog them up And so but again that s part of the discussion that council s working 16 344 Planning Commission Meeting September 4 2007 on is if they go along with these different pervious systems how do we how are we going to administer them Larson It looks to me like they made effort to help offset that and so that s why I didn t know if there was any way to give them some consideration as far as that goes but McDonald Okay is the applicant present Okay if you d like to come up and address the commISSIOners Tim Johnson Hi I m Tim Johnson and I am a landscape design contractor with Southview Design and I am the applicant obviously for the first property and actually the applicant for the second property as well so I will apologize ahead of schedule if I do comment back and forth on both properties because they are kind of similar applications where we have a hard cover issue that we are obviously here tonight to talk about So first Id like to just begin by thanking you all for the opportunity to speak on behalf of my clients My goal tonight is obviously to work with the Planning Commission the City Council and my clients to make the results of the circumstances that we re under this evening work for all of us And obviously I ve worked with Angie and getting her some of the information and kind of discussed with her some of the findings that was basically brought up to us during the construction phase You ll find that my goal obviously tonight is to put in place I believe Debbie was commenting on the drainage application that I ve spent some time with and you ll find that I ve got a few recommendations from engineers and other applications that we ve actually used in similar systems in place where we needed to control drainage and water quality in other cities and developments But before I begin with the drainage concept I just would like you to get up to date as far as the history of where I ve kind of come into on this project at 2101 The hard cover code as Angie mentioned was basically to our finding after construction began This is definitely something new to a 30 year old company that does not exist on a non lake property A non waterfront property Typically we do understand that there is hard cover issues on application where there s a lake or river but where there is a typical standard lot not fronting not including you know drainage ponds or retention ponds these applications typically don tarise on other situations Landscaping in the state of Minnesota is a non licensed trade which means that we basically don t need to pull any permits for any installations that we do as far as landscaping and patio work Most of the hardscapes Angie mentioned are installed The only application just as a review is the patio underneath the current deck which is this patio here All of the hardscapes including the retaining wall is in place as per the plan you see in front of you this evening This was not installed due to the recommendation by the building department when they brought us up to speed as far as the current code or you know restrictions that the City had for the amount of hard cover especially on this development We cooperated by stopping all construction and cleaned the site as best to our ability during the construction site and we have not been back since in compliance with the request from the city building department My clients has expressed the interest that we had in multiple areas to entertain and has a goal of improving his property along with the entire community as you can see with his goals and ideas as far as the landscaping They like I are very discouraged of where we re at today and as I mentioned earlier are willing to work with you to get this corrected Actually I received a stoppage of work We were then informed on the current decking system that was approved or excuse me I can t speak on what decking system was approved because that wasn t contracted by me but that was to our 17 345 Planning Commission Meeting September 4 2007 knowledge that the decking system that s installed is non permeable which was already approved by the city well after the case which was well after we started We started the construction of our hardscapes prior to the deck construction So the deck permit and all of that was accepted during the time of our construction which then means that the hard cover issue which is stated here at 23 2 I believe on this site before any improvements are made If that s the case we already are over with the construction at that time so just to review that at 23 2 basically we have about 172 square feet if my math is correct before we hit the 25 The deck is 406 square feet as it stands today and I believe and Angie might need to comment on this but I think it s the main decking because the quantities I have on the specific plan in front of you just consist of the main decking part not the landing and the steps because at that time Angie explained that the decking was a non pervious surface because of the weep holes that are in the decking system The steps and landing have the gaps inbetween the decking so we didn t include that as a hard cover quantity so I believe the 406 square feet is only the decking space itself So after this was brought to our attention that obviously made the rest of the hardscaping and the landscape plan that was put forth to this point even more difficult to succeed with Since then I just wanted to you know just confirm that we ve been under cooperation with the request at the City of Chanhassen of not doing any work The concept that I would like to talk about both properties now and I ll try to stay specific here at 2101 is a concept that we ve used before What we ve done and when we ve opened up I think I ve got to apologize I ve got a larger scale drawing that we can put down What we would do at each Auseth Upside down Tim Johnson At each downspout on each home I believe there is 1 2 3 4 5 6 downspouts that currently handle all the water that runs off the current foundation footprint What we would do is take the water from the downspouts and collect those into 12 or 14 inch catch basins Run those into a French drain A French drain consists of drain tile with holes in it I would recommend putting a sock around it to prevent any soil or any other debris to fill or clog those weep holes but this would allow the water to get into the catch basins Run into the drain tile and allow the water to come out of the drain tile slowly at it s current pace depending upon the amount of rainfall Around the rocks or excuse me around the drain tile you would have a gravel Typically it s 12 inches in space around it Around the actual drain tile And then from there the drain tile would run the whole distance of the side of the home I believe back to this one but here s a catch basin that would go out into the property Staying out of utility and drainage easements and running within the property boundaries and they would connect and then run into dry wells The dry wells we re proposing right now are two dry wells one here and one here And then this would collect the one side of the home and this would collect the other side of the home The drain tile application would run into the dry well They are 5 feet in width right now and then they re going to be about 6 feet in depth Basically this will allow us to get below frost line which will allow for any of those freezing rains or freezing conditions to allow us to handle that under grade The property if you haven tvisited it has a walkout so there s at least a 9 foot drop from the front foundation of the home to the back foundation of the home Therefore reducing the chance of these pipes freezing in the winter months The drain tile applications would be sized per the requirements from an engineer firm I had a letter of recommendation and I have individual copies if you all want but I can put that up for you to see I don tknow if you want a copy of that 18 346 Planning Commission Meeting September 4 2007 McDonald If you could go ahead and pass those out while you re talking so we can read those Tim Johnson This is from Chris Merrill at Westwood Companies Im not sure if you re familiar Chris is worked with Pinehurst development and is familiar with the exact development that we re talking about this evening and he is in favor of the recommendation that I have in front of you this evening There are several extra steps which will cost several thousands of dollars of getting their approval and their time to get this approved as far as sizing the pipes and then also determining the size of the dry wells That is something that we are willing to get nailed down for you in the next week or so However that does cost several thousand of dollars that both my client and I and Chris feel that we need to present this concept before we take that next step as far as getting that put in place It doesn t make sense to do that you know if this isn t going to work but this is an application that he feels very strongly about that he s used in the past I also have copies of another project similar to this that we have installed and Ive got copies for each of you This is a project that we ve worked with that we ve got an engineering firm that was basically presented to us and a developer had to present as part of another So we ve had a drainage concern It wasn t a hard cover concern This is basically a drainage catch area to reduce the amount of stress on a bluff line in the city of Minnetonka This application has been used through that whole entire development and this is one of the last homes that is being installed as we currently speak and it s a similar drainage system in most the lots that overlook this bluff line This is a very similar situation where we ve got a drain tile application here and a drainage area around that drain tile This application is calling for a 3 by 3 area The length of the back of the home and these are tied in with the catch basins from the gutters boxes at the comers of the home This example is going to be put in place and it s available to be used seasonally so the winter months is not a concern as far as you know any freezing and thawing This I see as a similar concept that Chris has talked to me about and would recommend for the 2101 residence We basically would base it off a 1 inch rain storm per Angie s comments a few weeks ago as far as how we would calculate the amount of rainfall that these basins and drain tile systems would be able to afford to handle The system that we would put in place would be obviously finalized and reviewed and we could present that at that time if need be Otherwise we could just ask for Chris recommendations to be approved once those pass your desk Those concepts along with Ive got another concept that I can keep going on about but I don twant to waste your time but these are other concepts that we have used in similar applications The other thing that we want to talk about is obviously on both properties we are installing retaining walls These properties are very steep as far as grade in the back yard so the water that you currently have whether we do improvements or not are going to get down to that retention pond faster than what they would today The retaining walls that are in place actually level off the back yard which slows the water runoff from getting to the pond and actually makes the back yard that my clients have purchased more usable for their entertaining sizes of their families and their property needs Along with the retaining walls and the dry wells we also are installing several key plantings opportunities with other plantings Over story trees and shrubs I believe on this property we ve got roughly about 13 trees going in which is a major upgrade from the development trees that are approved by the city as well as several under story plantings as per the plan Along with this as mentioned by another city official that sometimes sod is considered a non permeable application because of the compaction of the traffic as far as equipment traffic under construction So if we design the standard sod and soil installation we ll work up the 19 347 Planning Commission Meeting September 4 2007 ground and put in the minimum 3 to 4 inches of good pulverized top soil below the sodbut also allow for saturation for any rain runoff The improvements that I have in front of you we ll take roughly 3 200 square feet of water runoff from the foundation and capture that below ground instead of having that run to the retention pond whether there s sod there or not That basically means that I m actually reducing the amount of runoff from the current property as the plan sits today with all the hard surfaces ie meaning the driveway the walkway the patio the decking system and the fire pit application and the lower deck application because we basically will take 3 200 square feet of runoff and I believe my quick calculations were that all the hard runoff was roughly about 1 600 square feet We believe that the 3 a couple examples that Ive provided you tonight as far as similar concepts in the future landscaping is our goal to support better runoff plan than most lots in the current development The drainage examples are a great way to help support the proposed landscape and hardscape plans that are have been proposed this evening These concepts come recommended by the city officials and engineers for the letter of recommendations that I have in front of you And then I strongly believe that with good engineering and patience we can all come to some compromise to help develop a good community for all to enjoy I like most of you in this room don t want to have any great fight over this development with future projects I m going to be in this development hopefully working with other plans and I want to be able to start off a relationship with you on good circumstances Finally I ask for your consideration of this concept with the recommendations by Westwood to help build a good drainage plan for my clients to have their exterior dreams be fulfilled Im eager to work with you on coming up with a good plan to help us today so with that and these projects that are in front of us tonight can go forward to keep all happy McDonald Okay thank you very much Any questions Undestad Your letter from Westwood here did they have they used this And actually have these installed and provide these for runoff areas Tim Johnson Yes Yep Undestad And do these it s another way of them instead of rather than putting in their own retention pond with these does this work for that too Tim Johnson I can tcomment on it working for retention ponds but I do know that I can comment on it actually collecting the actual runoff from the lot areas and reducing the amount of runoff in those specific areas that we want to prevent it from happening Undestad And then they ask your and again all this is kind of concepts and ideas Tim Johnson Yep Undestad referring to on here but the overflows on the end is that potential failure in the system Tim Johnson Well the overflow is basically to handle lets say you get more than a 1 inch rain storm that you know if it did fill up for whatever reason there is a way for it to exit But the 20 348 Planning Commission Meeting September 4 2007 system that he would have in place that it would handle a 1 inch rain storm and then some for the areas of drain tile and the dry well areas The 1 inch overflow we typically put in just because if it does the water s going to seep up one way or the other but that s where it sizes it according to the lot the hard cover that we have in place Undestad How did you pick a 1 inch rainfall just out of curiosity Tim Johnson Well I spoke with Angie I don t recall I believe it was you know in the last month as far as how we would calculate that That was one question that they wanted to know you know was it a 5 year rainfall Was it a 24 hour rainfall You know there s different limitations that they can follow to determine that and whatever the city would require that s what they would follow basically Undestad You mentioned were you or did somebody else pull the permit for the deck A contractor of your s in this Tim Johnson It s a contractor that the homeowner He s contracted with another decking company We don t do the deck work in house Undestad You don t coordinate any of that You had nothing to do with that Tim Johnson Well I ll give them a couple names and we kind of worked with the decking company you know and this is actually the first city this decking system s been installed in several other cities I ve been in this for over 10 plus years and you know we re I m doing projects like this several of these a month and this is the first application where we found out that this kind of decking system is a concern to any city that we work on Undestad You ve never come across the zoning ordinances anywhere else Tim Johnson Other than working on an application for instance like the City of Minnetonka their health codes cover is 30 So that s what we do check in with the city in river situations where we come across that But not on a standard lot where you know retention ponds or NURP ponds whatever you know the drainage system is in a specific development Those are typically handled and one of the things that you know has brought up from another engineer is how has the 25 come up Has it you know where is the drainage report to support that Is it a 25 Is that where we want to start out at Can the development handle 30 You know those are some concerns We all believe that you know we all come into this at the wrong time You know whether it was communicated you know my clients all state that they were not communicated that this was not communicated to them so we re standing here today you know the next property we have not started any construction on We re basically following the steps We re willing to work with you you know as a planning commission that the city council of how we can you know get this to be better We could basically walk in here and just ask for a hey can we get this done the way it stands but we re willing to be realistic and say okay we re willing to do some extra steps and measures to correct the runoff concerns that have been brought up in front of us 21 349 Planning Commission Meeting September 4 2007 Keefe The problem is you can t stop 5 inch rains and the mud that comes sliding down the hill into people s houses and that type of thing That s you know I think we could do something to mitigate some of that but yeah I mean we came out a couple years ago pretty tough rain situation and runoff situations here and that s sort of you know that s people and developers all you know there s all sorts of you know situations because of the amount of rain we had Two of them back to back it s Tim Johnson It s been very unique the last couple years with the amount of rainfall so and you know can do the rain gardens which a lot of people propose but as a contractor I m not a big fan of those because you take the last year or two where there hasn t been any rain You put the plants in there that are supposed to be able to saturate the water Plants don t live because we don t have rain You know therefore that s system exactly Now I guess my only comment on how do you you ve got to calculate for the 5 year rain storm Currently the rain system that we would put in place is going to handle the water better whether this client has nothing thats proposed on this property and walks away and just puts sod in He could walk away and then all that water s getting down there faster At least we re taking that water and we re walking away from it Putting it in the ground and we re still having less runoff Hard cover concerns if you take the 3 200 square feet that we re taking of the houseand still handle about 1 600 square feet of hard cover You know with the patios and so forth Keefe You know I guess kind of what I was just going to ask you a couple questions just in relation to how this slipped through the cracks You know I mean it s surprising to me because Im some other cities too and they also have hard surface coverage I mean it s pretty normal for a lot of cities and so I m a little surprised to hear you say you ve never run into it before but setting that aside you know it seems to me that if you re working with Westwood or you re working with Lennar you re working with anybody else you would have somehow come across that particularly given the work that you guys do and so I m and at some point you ve got to come to the city I mean I think and maybe you don t Tim Johnson We re basically a landscaper of choice by Lennar We do base packages that I m typically not involved with I do more extensive projects but these packages are rock and poly and a few plants around the house and sod and irrigate it and walk away from it Now clients typically can have a choice of improving their properties and taking the next step on the front side of their actual construction of their landscaping and the two clients that I m representing this evening have chose to do so Therefore they re the first two clients that have come across this but you can kind of walk around that development and see some other work that s been done and kind of question the amount of hard cover that s actually in the development So those are some concerns This is the first this is really the first time that we ve ever run across a situation where the 25 is a situation Keefe Yeah Tim Johnson City of Minnetonka as I mentioned earlier is 30 and they re on a lake so Keefe Yeah So in working close with Lennar they never indicated to you guys I mean that it was you know 22 350 Planning Commission Meeting September 4 2007 Tim Johnson No We have not basically you know this is something that s been it s on the surveys I ll admit to that That s something that after going through all this you know Angie and Bob here this is obviously a situation we don t want to be in but we re here Keefe It s in the code and yeah Tim Johnson But you know as I mentioned earlier we don t need to pull any permits so the question you know not to come across in the wrong way is how can we communicate this to our industry better You know if we don t as an industry don t have to come into you know the city hall to pull a deck permit to pull a patio permit you know like we do with a deck permit how do we do that for a retaining wall Keefe Every city is different I mean every city Tim Johnson Well when you re working from Minnetonka to Big Lake to Elk River you know to Chanhassen it s Keefe It s different right Tim Johnson Every city has got their own codes and their own recommendations so Keefe I don t have any questions McDonald Kevin Dillon Yeah I mean Dan stole my questions I mean I was I m still a little surprised that it did slip through the cracks like this and this is a question maybe for the staff So if this variance is we go along with your recommendation not to grant it and then at the end of the day you know we re not over ruled or whatever by the City Council what then happens to the work that s been done Generous It would need to be removed They would have to bring it into compliance with the 25 coverage Dillon Okay And I Tim Johnson Can I make one comment on that The investment that my obviously it goes back to trying to find out all this out now but the investment that s in place right now is over 40 000 of my client s hard earnings so there Dillon That s a lot of money Someone should have done a little more due diligence on this thing That s like you know kind of the bottom line on this You or the customer or both McDonald Okay Debbie 23 351 Planning Commission Meeting September 4 2007 Larson I m going to save my comments for discussion McDonald Okay Kurt I ve got a couple of questions You made some statements about yeah you re a non licensed professional and you don t pull permits and everything Did you do the overall design for all this landscaping which would have included the decking and all that Did you put that together or what part of the overall design did you do Tim Johnson I worked on the overall design of this specific project This project was handled by another sales representative prior to me taking over so it was already contracted over the winter months I believe back in January and December Then that individual for a couple reasons it was turned over to me so everything was basically in place and Ijust basically the deck design was a concept and the deck contractor said okay this is what the client s looking for McDonald Do he ended up doing the details of it and selects the material Tim Johnson Exactly McDonald Well you know again as you say you ve got 40 000 at this point tied into this With all this money why don t you check with city ordinances because I do know that there are a number of cities that do have restrictions Maybe more or less than our 25 but there are restrictions within these cities and I have to tell you 40 000 I don tthink sets the record for what we ve made people correct so don t tell us how much it costs That s not going to get at our hearts on any of this Why don t you check with city ordinances Tim Johnson Ill it s definitely going to be one of the things that we do from here on out so especially in you know newer developments where this is obviously becoming more of a concern Some of the older developments you know the drainage and some of that other reports aren t as available because of the surveying at the time wasn t as adequate as it is today so McDonald Okay The other thing that I m intrigued about is the dry well concept I mean you mentioned all that What studies or you know scientific data do you have to back all that up that you present to the city engineering and maybe persuade them to change our ordinances Tim Johnson We ve got several sites I mean you could start with the sites that we ve actually installed these applications on and you know some that are a year old and some that are 5 to 6 years old They work especially when you get down below the frost line You get down to you know some of the better soils that we can get into where the water can actually basically seep into the ground The development that I showed you well these aren tjust drawings that we put into place here This is recommendations from construction you know Schoell and Madsen engineering service you know pioneers just like Westwood is And they ve got you know the knowledge and the test studies to be able to determine the void in the rock for the amount of rainfall You know all the drain tiles They re the ones that you know the ones that are educated to make those decisions McDonald Okay 24 352 Planning Commission Meeting September 4 2007 Shamla Chairman McDonald may I make a comment McDonald Yeah please do Shamla I m Joe with the City of Chanhassen engineering department and the soils in the city of Chanhassen are a lot different than other communities so something quarter inch of sandy soil this is probably could be a good way to mitigate some of this water but in the city of Chanhassen having clay soils the infiltration isn t good here and that s why the City Council is undetermined on whether permeable pavers are a good alternative McDonald Well that s where my comment was I know the soils are different and that s why Im asking for what studies have been done What works good in one area may not work in another and again all of our stuff you ask where 25 comes from It comes from these studies It comes from the U S Hydrology Guide for the State of Minnesota you know looking at soils and permeability This was not just a number we picked out out of the blue sky You talk about other city officials and engineers who I guess have adapted all this and seen great Who are they What cities What engineers Is there a list of people besides Minnetonka that have adopted this because again Im intrigued by it but I haven t heard that much about it Tim Johnson Well Westwood would have to do a soils test which they probably have all the documentations since they did all the actual development work They would and you know that s why I m closely working with them because they do know the development There s got to be some comfort level for you know any department with the city of Chanhassen obviously the Planning Commission and the City Council to make those decisions with the right people making the right recommendations for this application I do understand the soil conditions are definitely different here They re heavier soils but what we would do is require their testing as far as the soil types to make those decisions as far as that goes I do have another project that I could show you where in the City of Inver Grove Heights where we had to do a permeable paver driveway application and I do have an email from McDonald Well okay let me stop you right there because you re talking to the wrong people We re not engineers and anything you would tell us it sounds great but you know I would defer everything to the city engineering staff anyway What Im trying to get at is yes this is probably information that needs to be shared It needs to be shared with the engineering group and then it percolates up to us They will explain it to us and we ll all feel great about it I mean the other comment that I would ask you about you say this is designed around a 1 inch rain storm How typical is that around here Where did you come up with the 1 inch rain storm Tim Johnson That was you know I kind of presented a concept to Angie a month or so ago or right after this was stopped Kind of asked her you know some of our thoughts that we came up with in talking with Westwood and that s where you know I got the 1 inch rain storm from as far as okay what calculations I come up with What would you require as far as me determining the size of these basins or tiles and so forth and that s where I got that information from McDonald Okay I don t mean to give you such a maybe rude reception and everything but a couple years ago in that general area where you re at we had a very bad event and it wasn t just 25 353 Planning Commission Meeting September 4 2007 that We ve had a couple of them in that area and people get rather upset and then they get upset with us and they get real upset whenever their property floods and it is a big concern within this city Soil probably plays a big part in it and so yeah you re going to get a lot of questions and there s going to be a lot of issues The whole thing that I am surprised about is how this slipped through the cracks I mean this was a big deal a couple years ago We put a number of things in place about you know stopping this before people invest a lot of money and stuff in and then we come along and tell them sorry you ve got to tear it out I would like the staff to find out what went wrong because these things should not be happening Keefe Jerry can I ask one more question McDonald Sure Keefe Just in passing Ijust wanted to revisit it for me You said that Lennar is selling a couple different landscaping packages along with the custom or recommending a couple of different ones which is a real limited approach and one is more of a custom approach and that s who it ended up getting to you Is that kind of how that works Tim Johnson The single package yeah the base package that is put in front of them is just basically green goods You know sod No Keefe A couple shrubs The shrubbery Tim Johnson A couple trees sod and irrigation and if the client says well you know we want to expand upon that They want to basically they want this to be you know the Bearpath application and that s where I do get involved Im not contracted with Lennar We re basically contracting directly with the homeowner of the specific properties so the package Keefe You get a referral from them essentially is what happens and Tim Johnson Exactly yep Keefe Okay Alright McDonald Actually that was all my questions Does anyone else have anything they want to add or okay I guess unless you have someone else who wants to speak first Tim Johnson We ll just wait til the next one I guess McDonald Then I guess we ll open it up for the public meeting at this point We thank you for your comments and everything At this point I would open it up for the public to come up and make comments Again I ask you to come to the podium State your name and address and address the commissioners Sir Scott Boeddeker Good evening Scott Boeddeker 6710 Manchester Drive Downstream Im on the south side of that pond I would recommend you agree with the staff that you don t do 26 354 Planning Commission Meeting September 4 2007 anything over 25 My property s been flooded twice during the construction of this housing development The first time was in June of 2005 Second time was Labor Day weekend of 2005 I had to take Plowshares to court because they failed to stand behind their subcontractor They would stand behind the 5 inches of rain application for 100 year storm Totally bogus statistics I believe I was able to convince ajudge of that That the granite is flat and if 5 inches of rain happens way too often this has happened 5 times or 3 times in the last 5 years I ve got concerns about this pond every time it rains In the spring when it s going to be frozen and the spring runoff and everything I ve got big concerns with this You setting a precedence here Allowing this to continue throughout the 41 lots These lots are way too small for the houses they re building and I m not surprised these homeowners don t know the situation I m disappointed in Plowshares and Lennar for letting this get like this but I would strongly urge you not to allow anything over the 25 That would increase your liability of that pond overflowing into my property for the third time McDonald Thank you sir Does anyone else wish to come forward and make comment Well seeing no one come forward Scott Boeddeker Just to add to that That pond is full of springs already so the water level never goes down I ve told people this millions of times I ve told city staff Ive told developers That pond is not going to hold a 100 year storm when it happens McDonald Seeing no one else come forward I ll close the public meeting again and I ll bring it back before the commissioners for discussion Start down here Papke Okay I think we ve been pretty consistent as a planning commission on these sorts of items We ve had other remediation efforts like you know rain gardens and so on that have been proposed in the past and I think we ve been pretty good as a planning commission about not re writing city code on the fly here This one is way way over the top in terms of the variance that they re looking for The brick pavers I have a brick paver driveway and it is impervious when it rains and the low spots the puddles stay there until they evaporate so you know it s only my one data point and that s certainly not an engineering study but I certainly am convinced that a brick paver patio or driveway is not a permeable surface so I really wouldn tsupport using that particular argument to give any leeway to the homeowner here I guess the only there s a couple things where they do go over the limit here that I would support I think you could make a case for leaving the boulder retaining walls there You know those are pretty small quantities We re only talking 200 square feet 150 square feet of boulder wall and that is making the ground quite a bit more level and should help the infiltration across the board And the decking one is that s the first time I ve seen decking come up as being a permeable I walked underneath it today and you look up you don t see any daylight so I understand city staffs position on it but you know it is a new one from my perspective so I guess I would be in favor of pretty much going with the city staff with leaving a little bit of leeway for the boulder walls McDonald Okay Debbie Larson Okay Well on the other side of the fence I truly believe that the work was done innocently and I don t think that they I think that it is a lack of due diligence I really think it 27 355 Planning Commission Meeting September 4 2007 should have been checked out either by the contractor or developer or the owner before 40 000 was spent just because that would be smart However the work has been done It looks like it s a very beautiful job They ve taken some steps to do French drains and drain tile and I mean they ve gone over and above what you normally see around here The landscaping I think is all around the house it really adds first of all the homes in this area really make a nice statement about Chanhassen I like to see homes that are done well and I like to see landscaping that s done beautifully What I would also like to see and I don t know if the city wouldn t consider this but maybe they do need to relook at impervious 25 if it can be offset and I d like to find out you know maybe it s an engineering thing again You know if they did drain tile and dry wells that can handle a 5 inch event as opposed to a 1 inch event like they were designed Maybe that s something that could be looked at or discussed But I think neighborhoods like this are an asset to the city and I like that people really do want to take pride and ownership in their homes and put in these sort of things I didn t know that the rain gardens don t work That was news to me so like you said if it s dry I guess the plants that are in there obviously aren t going to live So maybe the dry wells are better and perhaps maybe this property could be considered I hate to see all of the all the landscaping pulled out if we don thave to do it If there s some way to get around it I d like to see the city try McDonald Okay Kevin Dillon I think it s an unfortunate situation but one that could have been easily avoided you know with a phone call It s just you know unfortunate that it got this far but that s the way it goes and so I agree with everything Debbie said You know it s a nice neighborhood and it s but that s not to say it couldn t be just as nice and still live within the guidelines that are set forth They re freely available for anyone to ask and learn about McDonald Okay Keefe You know I just know too many incidences personally of people who have had issues with runoff in this city and Ive got an issue and that s part of the reason why the ordinance is as it is We let these through then we ve got 39 other ones that we have to deal with up at the top of this hill where the water will run off of and it s not only here It s in other locations in the city and I agree with Kevin that it s an unfortunate situation My understanding Lennar needs to sell homes and they re going to recommend some things but at the same time there s a reason why we ve got this thing in place and I think we ve got to McDonald Mark Undestad Yeah I think I mean again it is a very nice design on it but we have to go back to what we re here for again and that is what why we allow certain things and why we don t allow certain things I guess my only comment would be if the applicant and engineering and that I mean if there was some way they could come back and find some way to contain their storm water runoff within that site you know be it a pond or if they could convince engineering and obviously the councilbutagain looking at what it is right now no 28 356 Planning Commission Meeting September 4 2007 McDonald I guess the only comments I have is that I was here a couple years ago when this development was put together and it was a very big deal about the number of lots It was a very big deal about the runoff It was a very big deal about the 25 and we went through that in great detail I am sorry that the homeowner doesn t know about it It is not the city s fault There is a duty I feel upon whoever goes in there and as a contractor there is a duty upon a homeowner to know You live within a city We have ordinances It s in the paper It is everywhere We have made people go in and tear out works that are worth more than 40 000 We have gone through this repeatedly We have got areas within the city that cause big problems This is one of them Another area was Lake Riley where we fought over this The whole thing about giving credits for certain pavers and certain ways of doing landscape to offset the 25 has been looked at I will defer to city staff That is one of the things that they have been tasked to do to come up with some relief for all of this I like the plans I like the whole thing about what you re coming up with here about this dry well concept but again as has been stated I don t know if that s sufficient for this area and that s where I would defer to city staff That s why I asked what research do you have on that because we need to have ordinances that basically say for this amount of runoff to negate it you need this type of a dry well I don t know if a 1 inch rainfall is a sufficient model to design to Again that needs to be stated within the ordinance if we re going to start giving leeway to the 25 It s just we have been through too much within the past few years about flooding as Mr Boeddeker brought up He s not the only one I am sorry as I can be that the homeowners have spent 40 000 and again I am sure that they will go through this and fight it all the way up but good luck on that Again it s just I think the way to do this as an industry if you want to do further work in this area you need to basically lobby our city staff Bring them up to speed on other ideas and ways to do things and we will be more than willing I think to address this issue because we don twant people spending all this money and then we tell them you ve got to be in compliance Tear it out Sorry about the 40 000 but either you tear it up or we ll tear it up and we ll charge you for it That s not the position this city wants to be in That s why Im a little upset about the fact this fell through the cracks because a couple years ago I made a big issue out of this We have been through this We have gone through a couple of ordinances to make sure this doesn t happen and I am very surprised that it is happening again I d like to know why You know what do we need to plug up because I don t like voting against these variances but there s a reason why they re there and I will continue to vote again them That s just you know there s just too much that s happened within the city to just be granting these things So I guess at that point and the only reason I make such a big deal about this again and Im sorry to pick on you as the developer and the landscaper but a couple years ago whenever I became Chairman this was a big issue for me because Ive got a lot of friends a lot of neighbors who have had a lot of damage because of this and I m just determined we re going to solve this problem Whatever we have to do I m not against giving credits for the 25 I m not against offsets but that s not my job to determine that this is sufficient That s city staffs job and that s where this needs to be done My recommendation to you all would be to ask us to table this and basically work with city staff and see if you can t come up with something Otherwise I don t think this is going anywhere But based upon that I am ready to accept a motion from the council Undestad I ll make a motion Planning Commission deny Variance 07 19 for a 74 hard surface coverage variance from the 25 maximum hard surface coverage in Pinehurst 2nd Addition with condition 1 29 357 Planning Commission Meeting September 4 2007 McDonald Can I have a second Dillon Second Undestad moved Dillon seconded that the Planning Commission denies Variance 07 19 for a 7 4 hard surface coverage variance from the 2S maximum hard surface coverage in Pinehurst 2nd Addition with the following condition 1 The hard surface coverage of the site shall not exceed 25 All voted in favor except Larson who opposed and the motion carried with a vote of S to 1 McDonald And again you do have the right of appeal to take this up to City Council and present the issue there City Council does have the ability to waive our city ordinances as they see fit So okay PUBLIC HEARING SCHROEDER VARIANCE REQUEST FOR VARIANCE TO HARD SURFACE COVERAGE ON PROPERTY LOCATED AT 2081 PINEHURST DRIVE APPLICANT SOUTHVIEW DESIGN PLANNING CASE 07 20 Public Present Name Address Tim Johnson Southview Design Scott Schroeder Scott Boeddeker 1875 E 50th Street Inver Grove Heights 2081 Pinehurst Drive 6710 Manchester Drive Angie Auseth presented the staff report on this item McDonald Mark Undestad No questions McDonald Dan Keefe Well in this case anything hasn t been built yet is that correct Auseth Correct it s not installed Keefe Yeah McDonald Kevin 30 358 Correspondence Section Memo from Kate Aanenson re Clarification of the Number of Lots within The Preserve and Grading of the 151 and 2nd Additions dated September 13 2007 Letter to Lt Governor Carol Molnau from the City of Victoria re Highway 5 Bridge in Victoria dated August 24 2007 Community Leaders Meeting Information from September 7 2007 Memo from Greg Sticha re 2007 Budget vs Actual Revenue Expenditure Reports dated September 24 2007 Memo from Greg Sticha re Review of Claims Paid dated September 14 2007 359 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952227 1110 Building Inspections Phone 952227 1180 Fax 952 2271190 Engineering Phone 952 227 1160 Fax 952227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952227 1400 Fax 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 II wci chanhassen mn us MEMORANDUM TO Mayor and City Council Todd Gerhardt City Manager FROM Kate Aanenson AICP Community Development Director DATE V September 13 2007 SUBJ Clarification of the Number of Lots within The Preserve And Grading of the 151 and 2nd Additions Planning Case 06 14 Attached is a summary of the pertinent portion of the Planning Commission and City Council minutes relating to the number of lots which were approved for The Preserve development Also attached are excerpt minutes pertaining to the subject The entire minutes are available on the City s web site at www ci chanhassen mn us under Agendas and Minutes GRADING The Preserve at Bluff Creek 1st Addition final grading plan includes a retaining wall along the east property line approximately 280 feet long with a maximum height of 12 feet The grading revisions for The Preserve at Bluff Creek 2nd Addition approved on September 10 2007 now show a 245 foot long wall with a maximum height of seven feet The Dorsey property to the east is higher than The Preserve development at this location The grading changes resulting from the construction of this retaining wall will result in better drainage patterns on the lots adjacent to the wall Specifically steep grades from the back of the lots down to the building pad will be eliminated reducing the likelihood of backyard drainage problems in the future Construction of this retaining wall also allows for greater separation between the backyard drainage swale and the future homes CITY MANAGER S COMMENTS In order to clarify the number of lots within The Preserve development staff has accumulated over 30 hours of time reviewing reports minutes plans and having discussions with the developer and consultant Our findings show that the development has followed the terms and conditions approved by the City Council between the preliminary and final plat If you have additional questions regarding this issue please do not hesitate to call me 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 play360 The Preserve Lot Clarification September 13 2007 Page 2 ATTACHMENTS 1 Summary of Planning Commission and City Council Minutes 2 Preliminary Plat dated 3 17 06 3 Preliminary Plat with staff notes in red showing revisions 4 Final PlatConstruction Overall Grading and Erosion Control Plan dated 6 5 06 5 Pad size graphic dated 619 06 g plan2006 planning cases 06 14 the preserve lIoyd response cover lellerdoc 361 On April 18 2006 the Planning Commission conducted a public hearing for The Preserve Planning Case No 06 14 A discussion pertaining to Lots 1 5 Block 1 took place Staff initially recommended these lots be eliminated The Chair of the Planning Commission asked the applicant McDonald Okay then let me ask you this You re okay with eliminating Lots 1 and 2 Block 11 Dan Herbst As long as we can pick those up someplace else in the project What Im trying to save is 155 homes McDonald Okay And what you want us to maybe soften up in our language is Lots 1 through 5 and what Im hearing from staffis that they re willing to continue a dialogue there to try to reach some kind of agreement The condition of approval stated The applicant will work with staff to discuss eliminating Lots 1 and 2 Block 11 and Lots 1 through 5 Block I On Mav 8 2006 the City Council reviewed the application meeting The following was stated Kate Aanenson So the issue there which hasn tbeen completely resolved is obviously they d like to get those plats and legitimate lots is kind of working out some of the compensation for eliminating these lots so that s still in discussion and we haven t resolved that yet and that would be something that we work out between now and final plat Kate Aanenson Id like to get some clarification on 60 61 and 62 And that s the park commission s recommendation and we have in our condition of approval 31 that says that we work with the staff to discuss eliminating 1 to 2 I think there s concurrence on that but we re negotiating on those outlots 1 through 5 Mayor Furlong So we want to keep so you re saying that there s some conflict with those Kate Aanenson Yeah because the other one says they re eliminated and you know so ifyou eliminate it then we ve kind of Mayor Furlong 31 provides better Kate Aanenson Right so I think 31 works better right Condition 31 which is being referred to in the above discussion stated The applicant will work with staff to discuss eliminating Lots 1 and 2 Block 11 and Lots 1 through 5 Block I At both the Planning Commission and City Council meetings the proposal was approved with 155 lots Conclusion of discussions between staff and the applicant Lots 1 through 5 Block 1 were eliminated to allow for a park and trail head Outlot C which was intended to be a private open space owned by a Homeowners Association was converted into a lot and one lot was added to Block 4 for a total number of 152 Lots The following pages contain discussions at both the Planning Commission and City Council meetings pertaining to Lots 1 through 5 Block 1 362 April 18 2006 Planning Commission meeting PUBLIC HEARING THE PRESERVE REQUEST FOR REZONING FROM A2 TO PUD R SUBDIVISION OF APPROXIMATELY 80 ACRES INTO 156 SINGLE FAMILY CLUSTER LOTS SITE PLAN REVIEW CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT FOR CROSSING BLUFF CREEK AND VARIANCES ON PROPERTY LOCATED AT 1630 LYMAN BOULEVARD APPLICANT THE PEMTOM LAND COMPANY PLANNING CASE NO 06 14 Papke I guess Ill start First of all on page I just have a question A clarification question On page 6 of the staff report the second paragraph under subdivision review you state that Lots 1 and 2 Block 2 will be eliminated Should that be is that Block II Aanenson Yes that should be Block 11 thank you Papke Okay It was inconsistent throughout I just want to make sure I got that right The other set you re talking about are Block 1 Lots 1 through 5 which is down along Street M Now if now this street currently goes would go to nowhere in essence if this moves forward Aanenson Well our concern with that is obviously there is some value attached to that but it ties into industrial park so for planning purposes you have a neighborhood it has interesting views Looking towards the creek but we ve also guided that property for industrial so you have all that industrial traffic We talked about that loop road that would tie from here into Audubon Im just not sure that s the best place for a neighborhood so we d like to be able to work with the applicant and find some way to remove those lots Papke So if we do indeed we move those lots I would take it we would remove the what was we called it the eyebrow that goes in there Aanenson Yeah Yes because ultimately this street needs to provide access to the industrial park Papke Right Aanenson That was part of the AUAR and that would be privately built That s approximately the touch down point which was one of the issues that was in the letter about spacing and all that but from a planning perspective that eyebrow those lots kind of sitting there while they have good views they re not really a part of the neighborhood The association and we think it d be better to put the pond the trail head and some of those other features there and again it comes down to economics Dan Herbst So if we take out the 5 lots here which is part of our plan I believe it was guided residential we lose 750 000 that s got to be absorbed someplace else There is a potential chance in the future with a market study going on and I don t know if it s a long shot or a short shot Kate can talk about that that maybe some of the Degler West property could have some residential uses and this would tie in with that Mid lnot want to and we cannot afford tolose those 5 lotsl The other 2 lots up in the open space area we do want to allow that private park area to open up some more so we need to figure out with your help how we can keen 55 lots on this sitd Otherwise the consumer is going to have the ramifications that I just mentioned to you And everything is very costly in this business We are going to pay at the time of plat almost 900 000 to you in cash park fees So to say Id like a trail head and parking here and at the same time you re extracting 900 000 from the site there s something unfair about that you know If the park is a half a mile down the way and you re asking us to pay park fees and you re asking us to give to the public domain 7 million dollars of 363 our land of 45 acres I m asking you to help us We ve got to come to a fair resolution e need those 7 lots to make this neighborhood work And if youwant to be sensitive about what the consumer s going to have to p h S h 1 Iere0ItsveryImportanttoustomamtamtoseots 00 00 00 00 Dan Herbst Okay And then the critical one to us is I think it s item 31 If you take those 7 lots out you have all the ramifications I just brought to you and it makes it a very difficult project for us to do economically and McDonald Is this something that should be negotiated with staff anenson This is something that I made that clear at the beginning and I certainly appreciate Mr Herbst We know that there s an economic value but from the beginning when we worked on this project I just want td Jnake clear we re talking about open space You can t build in the creek It always get thrown into the de sity but you can tbuild in the creek so there s some value when we talk it s a little inflated so we have to keep that in mind Obviously we recognize and I said at the beginning there is value in those 3 lots or 5 lots on that north side We recognize that Whether or not this property gets zoned to the other on the other side I don know You know we agree there s some economic value and that s why we say we d like to work that outr lYou can give your recommendation or hold it in abeyance but I think that s something we still want to work ou rith them There s not only the economic value but we also there s a lift station there that we think long terrrf might be a negative impact to those homes too and that s a concern for us That becomes a city issue so wr thought by we have to obviously come to a reasonable solution there for economics so putting the pondinglherePuttingthetrailheadprovidesanopportunitytonotputhousesinthereinasubsituationSubpate ituation and make them I don t know if we can make them totally whole but trY to make them whole on thJ alue of those lots and we d like to still continue that discussionf Dan Herbst Appreciate that discussion Again I would still like to consider you to keeping those lots there on a leaving on a conditional basis in the event the land is changed Lift stations are behind multi million dollar houses on Lake Minnetonka They re all around Lake Minnewashta They re not a negative They can be landscaped and screened and that s those 5 lots are very very important to us so McDonald Okay then let me ask you this You re okay with eliminating Lots 1 and 2 Block 11 Dan Herbst As long as we can Rick those up someRlace else in the Rroject What Im trYing to save is 155 homes McDonald Okay And what you want us to maybe soften up in our language is Lots 1 through 5 and what Im hearing from staff is that theYrewilling to continue a dialo@e there to trX to reach some kind of agreementr Dan Herbst Sounds good McDonald Okay so what we can do is we can take out Lots 1 and 5 and put those as being still under discussion Okay Is that it then Dan Herbst Thank you very much Papke moved Keefe seconded that the Planning Commission recommends approval of Rezoning the land within the Plat for The Preserve from Agricultural Estate District A2 to Planned Unit Development Residential PUD R approval of a Conditional Use Permit to permit development within the Bluff Creek Overlay District and alterations within the flood plain and approval of the Preliminary Plat for The Preserve i creating 155 lots 15 outlots and right of way for public streets plans prepared by Westwood Professional Services Inc dated 3 17 06 subject to the following conditions 364 The applicant will work with staff to discuss eliminating Lots 1 and 2 Block 11 and Lots 1 througll Block 1 J May 8 2006 City Council meeting THE PRESERVE 1630 LYMAN BOULEVARD APPLICANT THE PEMTOM LAND COMPANY REQUEST FOR REZONING FROM A2 TO PUD R SUBDIVISION OF APPROXIMATELY 80 ACRES INTO 156 SINGLE FAMILY CLUSTER LOTS SITE PLAN REVIEW CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT AND ALTERATIONS WITHIN THE FLOOD PLAIN WETLAND ALTERATION PERMIT FOR CROSSING BLUFF CREEK AND VARIANCES Kate Aanenson One of the things the city engineer was looking at too was additional storm water pond that could be benefit So this is Audubon so this would be that pond coming out and that would provide some additional storage for of Lyman the issue there which hasn tbeen completely resolved is obviously they d like to get those plats and legitimate lots is kind of working out some of the compensation f01bliminatingtheselotssothatsstillindiscussionandwehaventresolvedthatyetandthatwouldbesomethingIIthatweworkoutbetweennowandfinalp11 Kate Aanenson I d like to get some clarification on 60 61 and 62 And that s the park commission s recommendation and we have in our condition of approval pI that says that we work with the staff to discuss liminating 1 to 2 I think there s concurrence on that but we re negotiating on those outlots 1 through Sr Mayor Furlong So we want to keep so you re saying that there s some conflict with those Kate Aanenson Yeah because the other one says they re eliminated and you know so if you eliminate it then we ve kind of yor Furlong p rovides betterJ Kate Aanenson Bight so I think 31 works better righd Mayor Furlong So what do we have to do Which one is that Kate Aanenson I think right now if we just take 60 61 and 62 and 63 Let s see Those are just recommendations Mayor Furlong Do you believe that they re covered already Kate Aanenson They are covered We already have full park and trail fees in there already and then clearly if we want to leave in 63 because we do want those conveyed as public property and that would be A B Land N those outlots We would want those conveyed as Mayor Furlong So strike H and insert N Kate Aanenson Yep And then if we just put 60 Mayor Furlong So you re saying 60 61 and 62 are already covered in the other conditions Kate Aanenson Yeah I think we should just strike those out because they conflict with our ability to negotiate to get that 61 365 Todd Hoffman The trail Kate Aanenson Oh the trail construction Im sorry 61 is probably not Mayor Furlong 61 is Kate Aanenson Yep so you want it in correct Councilman Lundquist So you want 60 and 62 out Kate Aanenson That s correct And that gives us the ability to negotiate with the developer right now Councilman Labatt moved Councilman Lundquist seconded that the City Council approve the Rezoning of the land within the Plat for The Preserve from Agricultural Estate District A2 to Planned Unit Development Residential PUD R approval of a Conditional Use Permit to permit development within the Bluff Creek Overlay District and alterations within the flood plain and approval of the Preliminary Plat for The Preserve creating 155 lot 15 outlots and right of way for public streets plans prepared by Westwood Professional Services Inc dated 3 17 06 subject to the following conditions 61 The applicant will work with staff to discuss eliminating Lots 1 and 2 Block 11 and Lots 1 through 51 Block 1 J 366 11 16 18 AM CST 20031110PPPOlclwg 3 17 2006 P 20031110 clwg if 0 5 g s I e 00 0 g Q 3 0 Q o g 00 3 g 0 0 0 Q a Q a ii 05 Q il 8 Q C ta 1O 0 Q Q Qt S i 00 J a fi o a Q Cl 2f Q Q Q 3 g l Q i 00 Q I III iil Or fJ g sSo Q ii a g fl a g a g g Q Q g g Q l Q Q 2 I Ilj 10 I III 10 2S nt H I C 1 l u r I z I f 0 UI X Iv I I I f i I I 2S al 1 I I Ii 10 I y 1 I V r g 3 0 f gr 3 g it lo g r a Jil 3 o 1 3 l 1 0 0 if rto f g J t4 f fr tot tD en iii 3 g 0 Cl 0 g i 9 g I I I C 0 or CS3g i g S co s P Q IQ a 0 t p o 0 Co Q SJa It 6 I is Q a a fl f t ClPPP til 2 s ooC 2 O l J3 3 a Cl l 1l g F 8 s Qlo Q j t C c l l Cl lo g Or s r Q g g Il y ctPo ctl 8 J 3 g Q g cl ii g o 0 J J 0l 1 lncou co co g p s p p J Co 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20031110ADPOldwg 4 11 2006 517 33 PM CST 0 f i i fli 0 II o l l I r ftii j 0 o 0 0 r g Ilj r II f flf 0 tf 0 f Lil r f l 0 0 rl f L r 0 0 0 VI u 0C 0l f if f J ii rIi tDfI a z0i I 0I rtD a 8 1 i tD Z en nl1J d 1 tD tD 1 9 tD 0z i tlen f o o 8 a 1 o k if I ill i L f f If j T W I I Y l I II J I J1 u r J 1 I 1 IT jr J n I j fIr I LJL X ji ll I ff I J rrrj f 1 H I O H J v y 1 1 Ii I lJ j 1 J7 il Z Jj UJ t P I 2i 7j j 1J1 1 ufr b rrN f r I cr 11 l 1 f f I j Il r rr1 i91L I 3 75 nAl u 1 R4 e l J NJ r T jK t I I t j 6 P I I z c 1Z lxf j J J r rr 1 I l r i d5i A c E LJ fJc u I 1 l I ff I I P I fid i 1 Ii J J fk 1 11 YJrP Q I l J I I A I C I IY 0 4 J e I 1 I I vr J V A q T r I I I S A S 1 11 WV I I i a 1tiIJ I I r 0 r 1 1 t d 0 J 11 TII 7r Iii I Tg f rtt J IIX Illil ii1 1 I 1J I 0 II t I r r I h J1te R 1 1 1 fO YA r I l rr 1 varl L I hi s 6 Ml II 0 l I cr II r x v II tfI f v III 1 I I I 1 In7 e G i i 1 Ii fA ij if j L I I s ml ir I YJ J I J 1 II t r 1 l k l I JcL ly 1 EtC 0 C I 11 eii I l j I 4r Ill g fA I I r I l 1 C I I j J fI I t oX z t J 1 I F Q I v I fK r V J 011 t r I v V trrr I 1Q l J f I r x Ti1 7 7 2Jj t 5v n iJj aJ VI n I eA IL 1 j l w 1 ff 7 r K x I I JJJ 1 r I i YO v ii I li 0 I If 1 1 l5Y n I I If A r si i I A 0h P 0 I v 0l 11 1 I V M N11ft f 5 Ii J 0 I F 0 l1j U v i I 0 0 @ VJ I f c o I J I r l r J In l Q A J A 02 I 0 0 r l 0 8 7 ftlf ffi EI 1 lfiW I f r l 1 Iii JilI flllll l f 1 J oolT 1 370 Admit Sech tfYJ c e CITY OF VICTORIA August 24 2007 79511Wse Street tJ3036 oictoria MfJ 55386 952 443 2363 F 952 443 2110 www civictoria mn us Carol Molnau Lieutenant Governor and Commissioner of Transportation 130 State Capitol 75 Rev Dr Martin Luther King Jr Blvd St Paul MN 55155 In Reference To Highway 5 Bridge located in Victoria 1 1N Dear Lieutenant Governor Carol Molnau I am writing on behalf of the Victoria City Council and the City of Victoria to call your attention to a bridge 011 State Highway 5 located in Victoria Minnesota It is our understanding that the bridge has a rating of 49 1 which we understand to mean that it can just tolerate the current traffic level which averages 16 000 trips per day While it appears from the attached that we do not need to be ulll1ecessarily concerned with the bridge in light of the continuing increasing traffic load on Highway 5 we want to call your attention to the eventual need to reconstruct tlus bridge The reconstruction oftlUs bridge ties closely to tlle eventual plans to widen Hwy 5 wluch runs directly through tlle City of Victoria First however a corridor study must be done to plot the exact location of the future Hwy 5 Your staff is fully aware of the number of cormnunities and groups wluch depend on Hwy 5 and who have budgeted and raised over 5 150 000 to conduct the Hwy 5 Corridor Study from Highway 41 through Norwood Young America In fact your staff is providing some in kind consulting services However weare still trying to raise just S 1 00 000 to make the corridor study a reality In early June and in my role as Mayor I visited with our U S Representatives and Senators in their offices in Vaslungton D C seeking the 100 000 necessary to complete a Hwy 5 corridor study which is estimated to cost approximately 250 000 In at least two cases I was told by our elected U S officials that finding 100 000 should not be a problem To date I have not seen or heard anything from our elected officials that the 100 000 has been found I have also written and talked to Victoria s State Senator and Representative about the need to complete the Hwy 5 corridor study The condition of the Hwy 5 blidge in Victoria once again highlights the necessity for the corridor study to be completed promptly It is my assumption that the coni dol study will define among many other things how this blidge can be fixed or perhaps relocated 371 I am asking for your support as well as our elected officials support to allocate 100 000 to specifically conduct the Hwy 5 corridor study And by this letter we are calling to your attention as well as other elected individuals the condition ofthe Highway 5 bridge located in Victoria MN This bridge falls under your responsibility and we sincerely hope that you first will ensure that the bridge remains safe for our citizens and second help the communities of Chanhassen Vaconia Young America and Victoria as well as Carver County secure what is in the scheme of things a relatively modest amount ofmoney 100 000 to complete the Hwy 5 corridor study Thank you for you attention to these matters I look forward to hearing from you and others Sincerely Ju JvJJJJt7JL7 Mary Hershberger Thun Mayor City of Victoria Cc Tim Amundsen Victoria City Council member Jim Paulsen Victoria City Council member Kim Roden Victoria City Council member Rick Tieden Victoria City Council member The Honorable Norm Coleman U S Senator The Honorable John Kline U S Representative The Honorable Juliann Ortman MN State Senator The Honorable Paul Kohls MN State Representative Randy Maluchnik Carver County Commissioner Mark Schiffinan Mayor City of Vaconia Tom Furlong Mayor City of Chanhassen LaVonne Kroells Mayor Young Amelica Nonlood Randy Maluchnik Carver County Commissioner Roger Gustafson Carver County Engineer David Urbia Victoria City Administrator Susan Arntz Vaconia City Administrator Margaret Donahoe MN Transportation Alliance Bob Lindahl President Southwest Corridor Transpoltation Coalition The Victoria Gazette The Chanhassen Villager The Waconia Patriot Enclosure Waconia Patriot dated August 9 2007 372 Ei f 8Oi 1 co z gu OJ1lI0 0 oQJ ooCIoJl CJJ 2clEEoo oIL QJaJOJt oJJ0 Jo o 2clEEoo532rEEoolD5oS 0 5 oBSbaV g is S g P r t t E S 5 9 bO ot ul tJctI 3 g g 1S 8 c8 u 5 3 I u S tl Ill 5 0 tl I g e a il 0 E g s s 5 J3 CJ ctI VJ 5 Y o B 0 tf ctI v 01 9 c lj C 00 b t I dO o uctl OUctl t f u a 0 u c U I e g 8 q u s ctI u U t c 0 bO 5 0 go 0 t 2 0 C S I 8 s ggo 0 0 21 1 j V S V r co dOtJ 0 l g 5 bo g c bO bO 0 0 0 c 8 0 2 c 8 E t 2a2uS bo S a g iloS IClteEtIlt i tIlc0 iJs 0 tIlcJetj g s cJCo tIl lEJtUl0 5 uUl 3Itl l l 5jJ 5 a 3 E c c D 13 tg e t15 abll to 0E s outl0 D Ul Ulo c8 tl cotl05bll lED 8fI EoCls tl53 oU 5 gft o 0 g ro a 8 o 0 8 VJ 4ol g 2 5Eg ojVJ bllbllU tl E8 tl dClt g1bu g s u la 1 fJ Q g g D g u S D 3 o u ro u 5 otlw GM US8 i E 5 0 g oD 0 b e VJ VJb co tl ll gf tl V co C E5VJa o co 0 9 ro VJ 0 cd Q tn c U bIJ E I b1 i3N 0 u 5 E aE 5 aJ c 0 c t b 0 VJ Io D 5 u ro 08 CU r5 u u U 0 VJ5 Eb1 U OU c C Q 0 trl o c gg 01 E E u c a5 8 S f nn E J2 8atlell o l 0oFi0u 373 ccJEE0OJ50uCcJEE05cJEE0OJ5EE r 8OiQi u C l00ON rfJC bJJc8 0 rfJt J 0 U O o 0 CUOddC1 OU cdicd Il t c0u0 Cl ut t t O 5 o u ro 5t 8 e u 0 0 c 0 0 e 2Obbru 0 Q 2 c o lOL tn e o 0c c tU c o 5 0 N I eJJ JI 2 N 1 t I Po tI 0 Yd c 1 E 8 8 B b 2 5 frE 5L 8 Eu 2 q 0 Vo U u o o bO D 1S g 5 c O g u bO t 0 vl 5 u o g go 5 9 t 8 u c8 d S ti g u u u ep O 00 o c bOO Cj rorol E 0 J 0 U 0 t 8o o il 0 8 B 5 s Il i u c no O B EBo S Sj c E t o t 0 co 0 8 l c r E U B c S 0 U 0 Il l c U u 5 e9 c g eBs g5 5 OL0CeelOLtlCl 5 0 E U 003 U a c e g 2 g E 8 C o 8f5 t o O u o og3 r OvJ o t Vlr oOCl bO oc o EP 3 M t E t tJ CJ 0 L 8 ca C 0 0 n C i O o cc 0 ce c 5 5 B 8 bl g 3 5 0 vJ B r s 0 E 5 5 t s c c t C 9 0 tI C IlO lu uOfrg N OS g3c c c o l uo o 0 Q S S u 8 13 S 8 bl I bl c v5 t bl 000 O Or co 0 B g i 1 st DtJlrl11tooClCJOJ gCI t 0 Il onC 0 S 5 aE bStl 5 5 tl Il lot562sII I Eo jl Sl c 1 c 0 c lSl 0 01 fl 05 i Ir 6h Qli c Il0lOtl O Jc tlE lO i v tf 111i 374 CONSENT ADDITION 3 1 AGENDA STATEMENT NO 07 312 BUSINESS OF THE CITY COUNCIL City of Victoria Minnesota SUBJECT Approval of a letter Regarding the Funding for the Highway 5 Corridor Study and Highway 5 Bridge located in Victoria MN FOR COUNCIL AGENDA DATED August 23 2007 EXHIBITS Letter Newspaper Articles ISSUE The City Council is hereby requested to review and approve the attached letter to Lieutenant GovetTIor and Commissioner of Transportation Carol Molnau The letter is in reference to the funding for the Highway No 5 Corridor Study and the Highway No 5 Bridge located in Victoria Minnesota COURSES OF ACTION Approve the attached letter or make recommendations for changes STAFF RECOMMENDATION It is hereby recommended that the City Council approve the letter to Lieutenant Governor and Commissioner of Transportation Carol Molnau o Budget o Non Budget N A Respectfully submitted wlr r9Qf dv Jennifer Kretsch City Clerk ADMINISTRATOR RECOMMENDATION Concur with Staff recommendation 3 1 375 Community Leaders Meeting Friday September 7 2007 7 00 9 00 a m Hosted by Carver County Atenda Welcome Introductions Carver County Housing Report Transportation Issues Organization Updates Next Meeting November 2 2007 Hosted by School District 112 Agenda Item Secondary Program Redesign l 4 J Nett fdsed L 376 District 112 Youth Commission Draft 9 07 Mission To provide an environment where the voice of youth is valued in decisions impacting the District communities and opportunities are present for their involvement as actively engaged citizens Who 10 20 youth who represent the communities served by District 112 and who represent the diverse populations within these communities Mentors committed adults community leaders for each youth on the commission What An avenue for youth to be participants in real community issues that directly or indirectly impact youth and their future such as o Youth programming o Future city development o Diversity o Policies o Represent the youth voice Purpose o To foster civically engaged youth o Provide relevant opportunities for youth in the community o Build stronger communities What leadership can do Identify projects activities that are currently happening or will be in the near future that the youth commission could add strength and value Identify adults who would be valuable ears positive role models Be prepared for future conversations 377 i IJ II Cla1 rt DO Q 1ti l ogl l DO l 5q u tI S oJq l r o s 0 s Jq rFJ i i ii i l r 8 tl o o a0 l Iltl a 5l tI l l l tl tlTl r 0 0 po 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ill PJ ftl ii e 0 tll 5 Q t c 3 0 S tll 0 lI c PJ o 5 rJ 0 n II t 0 V7 V7 V7 V7 3 CXl CXl N W o J J 0 e Ul C Co c c c 0 c l n n n 2l 0 0 CD l a a rt l 0 0 tZl 0 1 2l 5 5 g l l n I 0 0 0 Q 0 0 0 l a c g l 0 s tTl l g JQ a rt a 3 JQ 0 5 l CJ CD 0 OQ 0 CJ 0 rt 7 0 rCD a i 3n 03CD tZl 30 01 W IV J Ul Ul 00 01 W W j D 0 0 IV 00 Ut 00 w j IV 0 01 0 0 j 0 0 0 t 00 t m w l r 0 0 0 0 0 q t 0 l 0 0 30 0 N 0 u c 15 f N 8 t0 W N W W 8 D Nw S b 8 0 c c f N t i c c if 0 N 0 c IV oo atll tl Q O atll ts 8 atll n V j tll C l On00 c q 1 0 1 tll I i I i IJQ rs tll 0 D i l n D 0 0 IJQ 8 0 8 tll c tll tll tl i n S tll ill I ff7 ff7 1 V W I Q Q N W 1 ff7 ff7 ff7 W Q N W I Q N U1 w 1 N N N 00 111 1 N N 0 U1 383 z og l s l l Q ll a So ll ll s Q Q l lQ ai l Q ll 1 So ll Ql Cl i g C E l E ll ll I D J ll o J 32002 0 on O ri1 tD J 8 s E tD 0 ffi 0 I 0 S1Q l Vi 0 g s 5 g Cl tD if n a 2 N n S T tD 1Q atDt tD tD s tD o eCl 1Q tD stDCl na 31 1 @ o S1 0 0 10@ e0 031 nre5l q 1 O nl o I 0 00 g rQ g ngo S g s g @ 0 0 ij a g 0 r tI o t 3 0 0 5 c o r C 1 ll 0 E n n I I n I g tI g R U g J g J n o 11 rD n 0 0 3 0 ri 0 n S 3 o Q R S n J 0 0 0 0 0 rc 2 8 J s 0 0 CJ g I o g q Q a 2 5 0 Pl o ll 0 0 D c o c c 1 q go@E O Q 3 3 3 I 0 s 3 E 0 t rc n e s r Q i C n d ri 5 C Y cC n n J Q Zr l g 1 0 tI 6 g J P n oSSD ll J 384 CITY OF CHANIlASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952227 1110 Park Recreation Phone 952227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Mayor and City Council FROM 0 0 o Greg Sticha Finance Director DA TE September 24 2007 SUBJ 2007 Budget vs Actual Revenue Expenditure Reports The following attached reports provide a look at the budget versus actual revenue and expenditures for the city s general fund through August of 2007 Most expense line items are either on or below budget at this point of the year We are monitoring the cost of the Comprehensive Plan but anticipate cost savings in a number of other areas to more than offset the cost of the Comprehensive Plan for 2007 Revenue items are on par with budget with the exception of Building Permits We are estimating that we will be about 100 000 below budget on building permit revenues as discussed at the budget work sessions in August We did receive 150 000 in SAC retainage fees related to the elimination of the Lakeview Hills development which should offset any losses from building permit revenues Based on some of these early projections we are anticipating there to be very little surplus in the general fund at the end of 2007 unlike each of the last few years If you have any questions regarding these numbers feel free to email or call me at your convenience The Cily 01 Chanhassen A growing community with clean lakes quality schools a channing downtown thriving businesses winding trails and beautiful parks A great place to live work and play385 General Ledger Expense Budget vs Actual Period 01 08 Fiscal Year 2007 2007 2007 2007 2007 2007 Description Budget Actual Dollars Unspent Unspent CITY COUNCIL 123400 00 80 632 51 42 76749 34 66 ADMINISTRATION 438 000 00 275 001 55 162 99845 37 21 FINANCE 318 000 00 202 631 38 115 368 62 36 28 LEGAL 168 000 00 82 836 22 85 163 78 50 69 PROPERTY ASSESSMENT 100 100 00 5 377 89 94 722 11 94 63 MANAGEMENT INFORMATION SYSTEMS 281 200 00 150 868 63 130 331 37 46 35 CITY HALL MAINTENANCE 428 600 00 425 614 03 2 985 97 0 70 ELECTIONS 19 700 00 19 700 00 100 00 LIBRARY BUILDING 102 200 00 77 173 64 25 026 36 2449 GENERAL GOVERNMENT 1 979 200 00 1 300 135 85 679 064 15 34 31 POLICE CARVER CO CONTRACT 1 333 700 00 682 612 85 651 087 15 48 82 FIRE PREVENTION ADMIN 678 600 00 304 189 20 374410 80 55 17 CODE ENFORCEMENT 756 100 00 413463 50 342 636 50 45 32 AMINAL CONTROL 69 200 00 45463 43 23 736 57 34 30 LAW ENFORCEMENT 2 837 600 00 1445 728 98 1 391 871 02 49 05 ENGINEERING 528400 00 346 156 91 182 243 09 3449 STREET MAINTENANCE 786 500 00 492 73903 293 760 97 37 35 STREET LIGHTING SIGNALS 314 900 00 186 27344 128 626 56 40 85 CITY GARAGE 459 600 00 268 717 00 190 883 00 41 53 PUBLIC WORKS 2 089400 00 1 293 886 38 795 513 62 38 07 PLANNING COMMISSION 4 20000 2 542 94 1 657 06 3945 PLANNING ADMINISTRATION 377 600 00 261 611 54 115 98846 30 72 SENIOR FACILITY COMMISSION 30 100 00 17 052 08 13 047 92 43 35 COMMUNITY DEVELOPMENT 411 900 00 281 206 56 130 69344 31 73 PARK COMMISSION 2 200 00 977 36 1 222 64 55 57 PARK ADMINISTRATION 123 500 00 79 163 10 44 336 90 35 90 RECREATION CENTER 269 100 00 149 842 50 119 257 50 44 32 LAKE ANN PARK 71 800 00 56 987 10 14 812 90 20 63 PARK MAINTENANCE 819 600 00 559 184 80 260415 20 31 77 SENIOR CITIZENS CENTER 52400 00 35 957 30 16442 70 31 38 RECREATION PROGRAMS 274 200 00 204 933 32 69 266 68 25 26 SELF SUPPORTING PROGRAMS 131 500 00 69 220 53 62 27947 47 36 PARK RECREATION 1 744 300 00 1 156 266 01 588 033 99 33 71 TRANSFERS 273 720 00 273 720 00 GRAND TOTAL 9 062400 00 5 750 943 78 3 311456 22 36 54 386 General Ledger Revenue Budget vs Actual CITY OF CIIlDSSENUserdanielle Printed 09 07 0715 21 55 Period 01 08 Fiscal Year 2007 2007 2007 2007 2007 2007 Account Number Description Budget End Bal Dollars Unpsent Unspent Revenue 101 0000 3002 Allowance for Delinquents 320 000 00 0 00 320 000 00 100 00 101 0000 3010 Current Property Tax 6 558 100 00 3 237 836 67 3 320 263 33 50 63 101 0000 3011 Delinquent Property Tax 50 000 00 87 302 54 37 30254 74 61 0000 6 288 100 00 3 325 139 21 2 962 960 79 4712 Grand Total 6 288 100 00 3 325 139 21 2 962 960 79 47 12 PROPERTY TAXES 6 288 100 00 3 325 139 21 2 962 960 79 47 12 101 0000 3205 Dog or Cat 0 00 0 00 0 00 0 00 0000 0 00 0 00 0 00 0 00 101 1120 3284 Garbage Hauler 3 000 00 1 800 00 1 200 00 40 00 1120 ADMINISTRATION 3 000 00 1 800 00 1 200 00 40 00 101 1210 3213 Solicitor 500 00 275 00 225 00 45 00 101 1210 3226 Liquor On and Off Sale 84 000 00 84 930 00 930 00 111 1210 POLICE CARVER CO CONTRACT 84 500 00 85 205 00 705 00 0 83 101 1250 3230 Rental Housing License 15 000 00 10 950 00 4 050 00 27 00 1250 CODE ENFORCEMENT 15 000 00 10 950 00 4 050 00 27 00 101 1260 3203 Dog Kennel 500 00 54650 4650 9 30 101 1260 3205 Dog or Cat 4 500 00 4 423 75 76 25 169 1260 AMINAL CONTROL 5 000 00 4 970 25 29 75 0 60 Grand Total 107 500 00 102 925 25 4574 75 4 26 LICENSES 107 500 00 102 925 25 4 574 75 4 26 101 0000 3301 Building 0 00 0 00 0 00 0 00 101 0000 3309 Fire Suppression 0 00 0 00 0 00 0 00 0000 0 00 0 00 0 00 0 00 101 1210 3308 Gun 1 000 00 110 00 890 00 89 00 1210 POLICE CARVER CO CONTRACT 1 000 00 110 00 890 00 89 00 101 1220 3309 Fire Suppression 14 000 00 13 991 68 832 0 06 101 1220 3331 Firework s Application Fee 0 00 400 00 400 00 0 00 1220 FIRE PREVENTION ADMIN 14 00000 14 39168 391 68 2 80 101 1250 3301 Building 825 000 00 519 150 91 305 849 09 37 07 101 1250 3302 Plan Check 330 000 00 288 979 30 41020 70 1243 101 1250 3305 Heating AlC 120 000 00 89443 05 30 556 95 2546 101 1250 3306 Plumbing 85 000 00 80 77241 4 227 59 4 97 101 1250 3330 Elec Permit App Forms 0 00 36 00 36 00 0 00 101 1250 3390 Miscellaneous Permits 100 00 360 00 260 00 260 00 1250 CODE ENFORCEMENT 1 360 100 00 978 741 67 381 358 33 28 04 101 1260 3320 Stable 300 00 190 00 110 00 36 67 1260 AMINAL CONTROL 300 00 190 00 110 00 36 67 101 1310 3307 Trenching 35 000 00 12 360 10 22 639 90 64 69 101 1310 3390 Miscellaneous Permits 850 00 1055 00 205 00 24 12 1310 ENGINEERING 35 850 00 13 415 10 22434 90 6258 101 1420 3311 Sign 6 500 00 6 970 00 470 00 7 23 101 1420 3390 Miscellaneous Permits 50 00 50 00 0 00 0 00 1420 PLANNING ADMINISTRATION 6 550 00 7 020 00 470 00 7 18 Grand Total 1 417 800 00 1 013 86845 403 93155 2849 PERMITS 1417 800 00 1 013 86845 403 93155 2849 101 1210 3401 Traffic Ordinance Violation 130 000 00 68 127 68 61 87232 4759 1 387 2007 2007 2007 2007 Account Number Description Budget End Bal Dollars Unpsent Unspent 101 1210 3405 Other Fines and Penalties 0 00 3 009 73 3 009 73 0 00 1210 POLICECARVER CO CONTRACT 130 000 00 71 13741 58 862 59 45 28 101 1260 3402 Vehicle Lock Out 2 500 00 1 30000 1 200 00 48 00 101 1260 3404 Dog or Cat Impound 4 000 00 4 670 71 670 71 16 77 1260 AMINAL CONTROL 6 500 00 5 970 71 529 29 8 14 Grand Total 136 500 00 77 108 12 59 391 88 43 51 FINES PENALTIES 136 500 00 77 10812 59 391 88 43 51 101 0000 3509 Other Shared Taxes 20 000 00 9 73350 10 266 50 5133 0000 20 000 00 9 733 50 10 266 50 5133 101 1210 3510 State Grants 40 000 00 0 00 40 000 00 100 00 1210 POLICECARVER CO CONTRACT 40 000 00 0 00 40 000 00 100 00 101 1220 3509 Other Shared Taxes 145 000 00 0 00 145 000 00 100 00 1220 FIRE PREVENTION ADMIN 145 000 00 0 00 145 000 00 100 00 Grand Total 205 000 00 9 73350 195 266 50 95 25 INTER GOVERNMENTAL REVENUES 205 000 00 9 733 50 195 266 50 95 25 101 0000 3602 Variance Cond Use Permits 0 00 0 00 0 00 0 00 0000 0 00 0 00 0 00 0 00 101 1120 3601 Sale of Documents 250 00 0 00 250 00 100 00 101 1120 3651 Merchandise Sales 0 00 335 00 335 00 0 00 101 1120 3670 Internment Fee 0 00 50 00 50 00 0 00 1120 ADMINISTRATION 250 00 385 00 135 00 54 00 101 1130 3604 Assessment Search 500 00 720 00 220 00 44 00 101 1130 3619 Investment Mgmt Fee 75 000 00 0 00 75 000 00 100 00 1130 FINANCE 75 500 00 720 00 74 780 00 99 05 101 1170 3613 Misc General Government 2 000 00 1 456 73 543 27 2716 1170 CITY HALL MAINTENANCE 2 000 00 1 456 73 543 27 2716 101 1190 3638 Food Concessions 1 500 00 1 059 78 440 22 29 35 1190 LIBRARY BUILDING 1 500 00 1 059 78 440 22 29 35 101 1210 3629 Misc Public Safety 2 000 00 2 878 94 878 94 43 95 1210 POLICE CARVER CO CONTRACT 2 000 00 2 878 94 878 94 43 95 101 1310 3601 Sale of Documents 3 600 00 561 38 3 038 62 8441 101 1310 3605 Plat Recording Fees 7 500 00 1 350 00 6 150 00 82 00 101 1310 3614 Construction Admin Fee 120 000 00 16 809 17 103 190 83 85 99 101 1310 3617 Engineering General 1 000 00 0 00 1 000 00 100 00 101 1310 3629 Misc Public Safety 2 000 00 2 092 00 92 00 4 60 1310 ENGINEERING 134 100 00 20 81255 113 287 45 8448 101 1350 3649 Misc Public Works 5 000 00 1 800 00 3 200 00 64 00 1350 STREET LIGHTING SIGNALS 5 000 00 1 800 00 3 200 00 64 00 101 1420 3601 Sale of Documents 150 00 155 00 5 00 3 33 101 1420 3602 Variance Cond Use Permits 45 000 00 18 240 00 26 760 00 5947 101 1420 3603 Rezoning 2 000 00 0 00 2 000 00 100 00 101 1420 3605 Plat Recording Fees 2 500 00 2 224 00 276 00 1104 101 1420 3613 Misc General Government 8 000 00 1 933 00 6 067 00 75 84 1420 PLANNING ADMINISTRATION 57 650 00 22 552 00 35 098 00 60 88 101 1530 3631 Recreation Center Operations 3 500 00 374 23 3 125 77 89 31 101 1530 3638 Food concessions 0 00 1 314 30 1 314 30 0 00 1530 RECREATION CENTER 3 500 00 1 688 53 1 81147 5176 101 1531 3631 Recreation Center Operations 23 000 00 15 723 24 7 276 76 31 64 1531 ROOM RENTAL 23 000 00 15 723 24 7 276 76 31 64 101 1532 3630 Recreation Program Fees 0 00 0 00 0 00 0 00 101 1532 3631 Recreation Center Operations 50 000 00 18 005 97 31 994 03 63 99 101 1532 3632 Fitness No Tax 9 000 00 2 21443 6 785 57 7540 1532 FITNESS 59 000 00 20 22040 38 779 60 65 73 101 1533 3631 Recreation Center Operations 500 00 9750 402 50 80 50 1533 PERSONAL TRAINING 500 00 97 50 40250 80 50 101 1534 3631 Recreation Center Operations 58 000 00 48423 08 9 576 92 1651 2 388 2007 2007 2007 2007 Account Number Description Budget End Bal Dollars Unpsent Unspent 101 1534 3636 Self Supporting Programs 0 00 0 00 0 00 0 00 1534 DANCE 58 000 00 48423 08 9 576 92 16 51 101 1535 3631 Recreation Center Operations 0 00 1 271 00 1 271 00 0 00 1535 DANCE COSTUMES 0 00 1 271 00 1 271 00 0 00 101 1540 3635 Watercraft Rental 4 000 00 3 445 65 554 35 13 86 101 1540 3638 Food Concessions 10 500 00 10 069 95 430 05 4 10 1540 LAKE ANN PARK 14 500 00 13 51560 98440 6 79 101 1541 3634 Park Facility Usage Fee 12 000 00 8 612 26 3 387 74 28 23 1541 PICNICS 12 000 00 8 612 26 3 387 74 28 23 101 1545 3633 Equipment Rental 200 00 78 47 121 53 60 77 1545 VOLLEYBALL KIT RENTAL 200 00 7847 12153 6077 101 1546 3639 Misc Park Rec 800 00 900 00 100 00 12 50 1546 CANOE RACK RENTAL 800 00 900 00 100 00 12 50 101 1560 3637 Senior Programs 30 000 00 20 649 60 9 35040 3117 1560 SENIOR CITIZENS CENTER 30 000 00 20 649 60 9 35040 3117 101 1600 3630 Recreation Program Fees 0 00 050 0 50 0 00 101 1600 3636 Self Supporting Programs 0 00 0 00 0 00 0 00 101 1600 3651 Merchandise sales 0 00 82 55 82 55 0 00 1600 RECREATION PROGRAMS 0 00 82 05 82 05 0 00 10 1 1611 3630 Recreation Program Fees 5 000 00 4 093 74 906 26 1813 101 1611 3636 Self Supporting Programs 0 00 0 00 0 00 0 00 1611 FEBRUARY FESTIVAL 5 000 00 4 093 74 906 26 1813 101 1613 3630 Recreation Program Fees 6400 00 9 661 50 3 26150 50 96 101 1613 3636 Self Supporting Programs 0 00 0 00 0 00 0 00 101 1613 3651 Merchandise Sales 0 00 465 00 465 00 0 00 1613 FOURTH OF JULY 6400 00 10 12650 3 72650 58 23 10 1 1614 3630 Recreation Program Fees 3 000 00 7 70 2 992 30 99 74 1614 HALLOWEEN PARTY 3 000 00 7 70 2 99230 99 74 101 1616 3630 Recreation Program Fees 18 000 00 16 191 35 1 808 65 10 05 101 1616 3636 Self Supporting Programs 0 00 0 00 0 00 0 00 1616 SUMMER PLAYGROUND 18 000 00 16 19135 1 808 65 10 05 101 1618 3630 Recreation Program Fees 0 00 220 82 220 82 0 00 1618 MINI CARNIVAL 0 00 220 82 220 82 0 00 101 1710 3636 Self Supporting Programs 36 000 00 38 655 90 2 655 90 7 38 1710 PRESCHOOL SPORTS 36 000 00 38 655 90 2 655 90 738 101 1711 3636 Self Supporting Programs 1 600 00 493 79 1 106 21 6914 1711 PRESCHOOL ACTIVITIES 1 600 00 493 79 1 106 21 69 14 101 1730 3636 Self Supporting Programs 28 000 00 7428 82 20 571 18 7347 1730 YOUTH SPORTS 28 000 00 7428 82 20 57118 7347 101 1731 3636 Self Supporting Programs 50 000 00 33 092 79 16 907 21 33 81 1731 YOUTH ACTIVITIES 50 000 00 33 092 79 16 907 21 33 81 101 1760 3636 Self Supporting Programs 0 00 40 00 40 00 0 00 1760 ADULT SPORTS 0 00 40 00 40 00 0 00 101 1761 3636 Self Supporting Programs 8 500 00 5 799 07 2 700 93 3178 1761 ADULT ACTIVITIES 8 500 00 5 799 07 2 700 93 3178 10 1 1763 3636 Self Supporting Programs 650 00 126 88 52312 8048 1763 SPRING 3 0N 3 BASKETBALL 650 00 126 88 523 12 80 48 101 1764 3636 Self Supporting Programs 1450 00 747 21 702 79 4847 1764 WINTER 3 0N 3 BASKETBALL 1 450 00 747 21 702 79 4847 101 1766 3636 Self Supporting Programs 19 200 00 18 606 27 593 73 3 09 1766 SUMMER SOFTBALL 19 200 00 18 606 27 593 73 3 09 101 1767 3636 Self Supporting Programs 3 200 00 5 169 31 1 969 31 6154 1767 FALL SOFTBALL 3 200 00 5 169 31 1 96931 6154 Grand Total 660 500 00 323 726 88 336 773 12 50 99 CHARGES FOR SERVICES 660 500 00 323 726 88 336 77312 50 99 101 0000 3801 Bank Interest Earnings 70 000 00 0 00 70 000 00 100 00 3 389 2007 2007 2007 2007 Account Number Description Budget End Bal Dollars Unpsent Unspent 101 0000 3803 Building Rental 0 00 0 00 0 00 0 00 101 0000 3807 Donations 5 000 00 000 5 000 00 100 00 101 0000 3812 Contractor Verification 0 00 0 00 0 00 0 00 101 0000 3903 RefundslReimbursements 0 00 0 00 0 00 0 00 101 0000 3910 Miscellaneous Revenue 0 00 383 45 38345 0 00 0000 75 000 00 383 45 74 61655 9949 101 1110 3903 RefundslReimbursements 0 00 1425 14 25 0 00 1110 CITY COUNCIL 0 00 14 25 14 25 0 00 101 1120 3802 Equipment Rental Sale 110 000 00 75 290 76 34 709 24 31 55 101 1120 3804 Land Sale 0 00 1 800 00 1 800 00 0 00 101 1120 3903 RefundslReimbursements 500 00 794 00 294 00 58 80 1120 ADMINISTRATION 110 500 00 77 88476 32 615 24 29 52 101 1130 3820 Misc Other Revenue 5 000 00 120 00 4 880 00 97 60 101 1130 3829 InterestPenalty 500 00 0 00 500 00 100 00 101 1130 3903 RefundslReimbursements 5 000 00 394 64 4 605 36 9211 101 1130 3980 Cash ShortOver 0 00 8 31 8 31 0 00 1130 FINANCE 10 500 00 522 95 9 977 05 95 02 101 1140 3808 Insurance Reimbursements 0 00 0 00 0 00 0 00 1140 LEGAL 0 00 0 00 0 00 0 00 101 1170 3803 Building Rental 0 00 2 700 00 2 700 00 0 00 101 1170 3808 Insurance Reimbursements 5 000 00 0 00 5 000 00 100 00 101 1170 3903 RefundslReimbursements 600 00 330 00 270 00 45 00 1170 CITY HALL MAINTENANCE 5 600 00 3 030 00 2570 00 45 89 101 1190 3803 Building Rental 0 00 0 00 0 00 0 00 1190 LIBRARY BUILDING 0 00 0 00 0 00 0 00 101 1210 3807 Donations 2 000 00 589 97 2 589 97 129 50 101 1210 3903 RefundslReimbursements 0 00 0 00 0 00 0 00 1210 POLICECARVER CO CONTRACT 2 000 00 589 97 2589 97 12950 101 1220 3807 Donations 0 00 500 00 500 00 0 00 101 1220 3903 RefundslReimbursements 2 500 00 0 00 2 500 00 100 00 1220 FIRE PREVENTION ADMIN 2 500 00 500 00 2 000 00 80 00 101 1250 3812 Contractor Verification 0 00 5 00 500 0 00 101 1250 3816 SAC Retainer 5 000 00 159 105 25 154 105 25 3 082 11 101 1250 3818 Sur Tax Retainer 1 500 00 650 94 849 06 56 60 101 1250 3903 RefundslReimbursements 1 500 00 992 23 507 77 33 85 101 1250 3980 Cash ShortOver 0 00 0 40 040 0 00 1250 CODE ENFORCEMENT 8 000 00 160 753 02 152 753 02 1 90941 101 1260 3903 RefundslReimbursements 0 00 14 23 14 23 0 00 1260 AMINAL CONTROL 0 00 14 23 14 23 0 00 101 1310 3903 RefundslReimbursements 500 00 25 00 475 00 95 00 1310 ENGINEERING 500 00 25 00 475 00 95 00 101 1320 3903 RefundslReimbursements 1 250 00 252 82 997 18 79 77 101 1320 3910 Miscellaneous Revenue 0 00 200 00 200 00 0 00 1320 STREET MAINTENANCE 1 250 00 45282 79718 63 77 101 1350 3903 RefundslReimbursements 11 000 00 51246 10487 54 95 34 1350 STREET LIGHTING SIGNALS 11 000 00 51246 10 487 54 9534 101 1370 3903 Refunds Reimbursements 700 00 137 50 56250 8036 1370 CITY GARAGE 700 00 137 50 562 50 8036 101 1420 3903 RefundslReimbursements 100 00 26 16 73 84 73 84 1420 PLANNING ADMINISTRATION 100 00 2616 73 84 73 84 101 1520 3903 RefundsReimbursements 5 000 00 0 00 5 000 00 100 00 1520 PARK ADMINISTRATION 5 000 00 0 00 5 000 00 100 00 101 1 530 3903 RefundslReimbursements 0 00 8 00 8 00 0 00 1530 RECREATION CENTER 0 00 8 00 8 00 0 00 101 1534 3903 RefundslReimbursements 500 00 0 00 500 00 100 00 1534 DANCE 500 00 0 00 500 00 100 00 4 390 Account Number Description 2007 Budget 2007 2007 2007 End Bal Dollars Unpsent Unspent 101 1550 3903 1550 101 1560 3807 1560 101 1600 3807 101 1600 3903 1600 101 1617 3903 1617 101 1731 3903 1731 Grand Total Grand Total RefundslReimbursements PARK MAINTENANCE Donations SENIOR CITIZENS CENTER Donations RefundslReimbursements RECREATION PROGRAMS RefundslReimbursements ICE RINKS Refunds Reimbursements YOUTH ACTIVITIES MISC REVENUE 500 00 4 02554 500 00 4 02554 0 00 83056 0 00 830 56 13 000 00 7 300 00 150 00 53 80 13 150 00 7 353 80 0 00 511 80 0 00 511 80 20000 0 00 200 00 0 00 247 000 00 256 396 33 247 000 00 256 396 33 9 062400 00 5 108 89774 3 52554 3 525 54 830 56 830 56 5 700 00 96 20 5 796 20 511 80 511 80 200 00 200 00 9 396 33 9 396 33 3 953 502 26 705 11 705 11 0 00 0 00 43 85 64 13 44 08 0 00 0 00 100 00 100 00 3 80 3 80 43 63 5 391 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952227 1100 Fax 952227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 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 952 227 1110 Public Works 1591 Park Road Phone 952227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Mayor City Council r lr Greg Sticha Finance Director 0FROM DATE September 14 2007 o2SUBJECTReviewofClaimsPaid The following claims are submitted for review on September 24 2007 Check Numbers Amounts 134105 134258 477 67015 Total All Claims 477 67015 Attachments Check Summary Check Detail Report The City of Chanhassen A growing community with clean lakes quality schools a chamning downtown thriving businesses winding trails and beautiful parks A great place to live work and play392 CITY OF CHANHASSEN Accounts Payable Printed 09 14 2007 09 48 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 134105 apagro APACHE GROUP 09 06 2007 0 00 811 90 134106 aep Association of Environmental P 09 06 2007 0 00 75 00 134107 asbene ASSURANT EMPLOYEE BENEFITS 09 06 2007 0 00 1 245 52 134108 attmob AT T Mobility 09 06 2007 0 00 945 134109 blusky BLUE SKY GUIDE 09 06 2007 0 00 1 200 00 134110 boytru Boyer Truck Parts 09 06 2007 0 00 2 77 134111 brapum BRAUN PUMP CONTROLS 09 06 2007 0 00 145 11 134112 catpar CATCO PARTS SERVICE 09 06 2007 0 00 65 28 134113 cenene CENTERPOINT ENERGY MINNEGASCO 09 06 2007 0 00 500 64 134114 charrena Renae Charbonneau 09 06 2007 0 00 65 00 134115 chaska CITY OF CHASKA 09 06 2007 0 00 26048 134116 corexp CORPORATE EXPRESS 09 06 2007 0 00 6662 134117 crisbria Brian Cristofono 09 06 2007 0 00 49 50 134118 cubfoo CUB FOODS 09 06 2007 0 00 287 82 134119 denushel Shelly Denucci 09 06 2007 0 00 45 00 134120 expscr Express Scripts 09 06 2007 0 00 200 00 134121 FeldMatt Matt Feldmeier 09 06 2007 0 00 6 12 134122 gerhtodd TODD GERHARDT 09 06 2007 0 00 575 00 134123 grnhasp GMH ASP HALT CORP 09 06 2007 0 00 14 902 00 134124 hawche HAWKINS CHEMICAL 09 06 2007 0 00 15 235 84 134125 hdsup HD Supply Waterworks LID 09 06 2007 0 00 4 94749 134126 itlpat ITL PATCH COMPANY INC 09 06 2007 0 00 8195 134127 johnjan Jan Johnson 09 06 2007 0 00 20 81 134128 jwpep JW PEPPER SON INC 09 06 2007 0 00 110 95 134129 kimhor KIMLEY HORN AND ASSOCIATES INC 09 06 2007 0 00 19 219 70 134130 KROCO KROMER CO 09 06 2007 0 00 1 040 76 134131 lanzbob BOB LANZI 09 06 2007 0 00 154 00 134132 lusemich MICHAEL LUSE 09 06 2007 0 00 79 00 134133 lyonamy Amy Lyons 09 06 2007 0 00 55 00 134134 mvec MN V ALLEY ELECTRIC COOP 09 06 2007 0 00 3 225 91 134135 ourdes OUR DESIGNS INC 09 06 2007 0 00 22145 134136 quill QUILL CORPORATION 09 06 2007 0 00 39 26 134137 rbmser RBM SERVICES INC 09 06 2007 0 00 5 359 74 134138 signso SIGNSOURCE 09 06 2007 0 00 96 38 134139 spscom SPS COMPANIES INC 09 06 2007 0 00 12 37 134140 statri STAR TRIBUNE 09 06 2007 0 00 278 80 134141 suphea Superior Heating AC Elec I 09 06 2007 0 00 31 06 134142 towmas TOWMASTER INC 09 06 2007 0 00 23641 134143 usbank US BANK 09 06 2007 0 00 215 63 134144 verizo VERIZON WIRELESS 09 06 2007 0 00 7 24 134145 vissew Visu Sewer Clean Seal Inc 09 06 2007 0 00 25 696 32 134146 wacdod WACONIA DODGE 09 06 2007 0 00 359 88 134147 wwgra WW GRAINGER INC 09 06 2007 0 00 7 89 134148 xce1 XCEL ENERGY INC 09 06 2007 0 00 19 096 33 134149 oreaut O REILLY AUTOMOTIVE INC 09 07 2007 0 00 1 590 02 134150 post POSTMASTER 09 10 2007 0 00 140 38 134151 QUAFLO Quality Flow Systems Inc 091 0 2007 0 00 18 63750 134152 ale1e A I ELECTRIC SERVICE 0913 2007 0 00 48653 134153 ACTMIN ACTA MINNESOTA JEFF ENGEL 0913 2007 0 00 2 600 00 134154 aleall ALERT ALL CORPORATION 0913 2007 0 00 2 553 75 134155 allame ALL AMERICAN REC 09113 2007 0 00 750 00 134156 alllee ALLEN LEE HOMES 09 13 2007 0 00 750 00 134157 aramar ARAMARK 0913 2007 0 00 165 66 134158 ATTAZ AT T CONSUMER LEASE SERVICES 0913 2007 0 00 14 22 134159 bcatra BCA TRAINING DEVELOPMENT 0913 2007 0 00 180 00 134160 bogetodd Todd Bogema 0913 2007 0 00 250 00 134161 borsta BORDER STATES ELECTRIC SUPPLY 0913 2007 0 00 69 90 134162 brotir BROWN S TIRE AUTO 09 13 2007 0 00 14 00 134163 camknu CAMPBELL KNUTSON 09 13 2007 0 00 17 784 96 134164 canfin CANON FINANCIAL SERVICES INC 09 13 2007 0 00 753 88 134165 cartre CARVER COUNTY TREASURER 09 13 2007 0 00 21 50 134166 cenene CENTERPOINT ENERGY MINNEGASCO 09 13 2007 0 00 1 413 53 Page I 393 CITY OF CHANHASSEN Accounts Payable Printed 09 14 2007 09 48 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 134167 chabui CHASKA BUILDING CENTER 0913 2007 0 00 226 57 134168 chaflo CHANHASSEN FLORAL 09 13 2007 0 00 47 99 134169 CHAPET CITY OF CHANHASSEN PETTY CASH 09 13 2007 0 00 162 20 134170 chavet CHANHASSEN VETERINARY 09 13 2007 0 00 2 471 95 134171 chavil CHANHASSEN VILLAGER 09 13 2007 0 00 162 00 134172 colcon COLSON CONSTRUCTION INC 09 13 2007 0 00 4 750 00 134173 ColsCust Colson Custom Homes LLC 09 13 2007 0 00 1 500 00 134174 comint COMPUTER INTEGRATION TECHN 09 13 2007 0 00 275 84 134175 conrmind MINDY CONRADI 09 13 2007 0 00 55 00 134176 corexp CORPORATE EXPRESS 09 13 2007 0 00 110 29 134177 cutabo CUT ABOVE WOOD CO 09 13 2007 0 00 2 090 06 134178 dahlterr TERRY DAHL 0913 2007 0 00 73450 134179 danka DANKA OFFICE IMAGING COMPANY 0913 2007 0 00 822 38 134180 deeprock Deep Rock Water Company 0913 2007 0 00 118 34 134181 desfla DESIGN FLAGS FLAGPOLES 0913 2007 0 00 49949 134182 dohsgary Gary Karen Dohse 0913 2007 0 00 500 00 134183 dyname DYNAMEX DELIVERS NOW 09 13 2007 0 00 37 22 134184 elecin Electronic Installations Inc 09 13 2007 0 00 5 76 134185 esctel ESCHELON TELECOM INC 09 13 2007 0 00 5 235 06 134186 facmot FACTORY MOTOR PARTS COMPANY 0913 2007 0 00 51346 134187 gespau GESTACH PAULSON CONSTRUCTION 0913 2007 0 00 1 750 00 134188 gymwor GYM WORKS INC 09 13 2007 0 00 300 00 134189 haaklori LORIHAAK 0913 2007 0 00 700 00 134190 hamimich MICHAEL HAMILTON 09132007 0 00 572 00 134191 hdsup HD Supply Waterworks L TO 0913 2007 0 00 161 76 134192 henequ HENNEN EQUIPMENT INC 09 13 2007 0 00 51 23 134193 ICMART ICMA RETIREMENT AND TRUST 457 09 13 2007 0 00 1 840 00 134194 INDSCH INDEPENDENT SCHOOL DIST 112 0913 2007 0 00 10 13348 134195 infrat INFRA TECH 0913 2007 0 00 8 78199 134196 jhlar JH LARSON COMPANY 0913 2007 0 00 204 05 134197 konhom Konen Homes Inc 0913 2007 0 00 750 00 134198 LANEQl Lano Equipment 09 13 2007 0 00 1 289 32 134199 leamin LEAGUE OF MINNESOTA CITIES 09 13 2007 0 00 14 047 00 134200 lebajean JEAN LEBAHN 0913 2007 0 00 105 00 134201 Ii etmars Marsha Lietz 09 13 2007 0 00 150 00 134202 lunbro LUNDGREN BROS CONSTRUCTION 09 13 2007 0 00 3 500 00 134203 mcpa MINN CRIME PREVENTION ASSN 09 13 2007 0 00 95 00 134204 merace MERLINS ACE HARDWARE 09 13 2007 0 00 1 412 90 134205 metco Metropolitan Council Env Svcs 0913 2007 0 00 29 84850 134206 metco2 METROPOLITAN COUNCIL 0913 2007 0 00 116 450 37 134207 metfor METROPOLITAN FORD 0913 2007 0 00 251 72 134208 metroc METROCALL 0913 2007 0 00 39 66 134209 midasp MIDWEST ASPHALT CORPORATION 0913 2007 0 00 1 353 62 134210 MNCHIL MN CHILD SUPPORT PAYMENT CTR 0913 2007 0 00 452 23 134211 MNHEAL MN DEPT OF HEALTH 0913 2007 0 00 23 00 134212 mnlabo MN DEPT OF LABOR AND INDUSTRY 0913 2007 0 00 5 248 56 134213 MSRS MSRS 0913 2007 0 00 2 480 05 134214 mtidis MTI DISTRIBUTING INC 0913 2007 0 00 249 90 134215 mvec MN V ALLEY ELECTRIC COOP 09 13 2007 0 00 143 14 134216 napa NAPA AUTO TRUCK PARTS 09 13 2007 0 00 194 26 134217 NATRET NATIONWIDE RETIREMENT SOLUTION 09 13 2007 0 00 5 677 09 134218 NCPERS MN NCPERS LIFE INSURANCE 09 13 2007 0 00 32 00 134219 neolea NEOPOST LEASING 09 13 2007 0 00 241 7 6 134220 nextel NEXTEL 09 13 2007 0 00 2 984 78 134221 nfpa NATIONAL FIRE PROTECTION ASSN 09 13 2007 0 00 101 55 134222 ofTmax OFFICE MAX 09 13 2007 0 00 58 12 134223 olsodeni DENISE OLSON 09 13 2007 0 00 120 00 134224 onkemarv Marvin Onken 09 13 2007 0 00 250 00 134225 onvoy ONVOY 09 13 2007 0 00 95450 134226 pilgkati Katie Pilgrim 0913 2007 0 00 103 55 134227 poospa Pool Spa Concept 0913 2007 0 00 750 00 134228 powoib POWERPLAN OIB 09 13 2007 0 00 86 82 Page 2 394 CITY OF CHANHASSEN Accounts Payable Printed 0914 2007 09 48 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 134229 pralaw PRAIRIE LAWN GARDEN 09 13 2007 0 00 343 02 134230 prosel Promotion Select 09 13 2007 0 00 490 08 134231 qualcon Quality Control Integration 09 13 2007 0 00 5 957 61 134232 quill QUILL CORPORATION 09 13 2007 0 00 266 25 134233 ridmed RIDGEVIEW MEDICAL CENTER 09 13 2007 0 00 125 00 134234 schson SCHARBER SONS INC 09 13 2007 0 00 96 38 134235 seadiv Seaya Diving Inc 0913 2007 0 00 261 88 134236 seh SEH 09 13 2007 0 00 2 607 14 134237 shotru SHOREWOOD TRUE VALUE 0913 2007 0 00 300 60 134238 sioval Sioux Valley Environmental 0913 2007 0 00 3 408 00 134239 sousub SOUTHWEST SUBURBAN PUBLISHING 0913 2007 0 00 3 260 23 134240 steman STEPP MANUFACTURING 0913 2007 0 00 201 46 134241 storpenn PENNY STORO 0913 2007 0 00 65 00 134242 street STREETER ASSOCIATES 0913 2007 0 00 2 250 00 134243 swwc SWWC Service Cooperatives 0913 2007 0 00 43 807 00 134244 tjbhom TJB Homes Inc 09 13 2007 0 00 2 250 00 134245 tridim TRI DIM FILTER CORP 09 13 2007 0 00 2 779 82 134246 truqua Tru Quality Construction 09 13 2007 0 00 2 250 00 134247 twigam TWIN CITIES GAMING SUPPLIES 09 13 2007 0 00 148 57 134248 UB 00089 Edina Realty Title 0913 2007 0 00 14 61 134249 UNIWA Y UNITED WAY 0913 2007 0 00 42 00 134250 ustoy US TOY CO 0913 2007 0 00 13644 134251 wacdod WACONIA DODGE 0913 2007 0 00 18 95 134252 wac far WACONIA FARM SUPPLY 0913 2007 0 00 14244 134253 WASMA2 WASTE MANAGEMENT TC WEST 0913 2007 0 00 1 279 79 134254 waytek WAYTEK INC 09 13 2007 0 00 24130 134255 wincom WINGFOOT COMMERCIAL TIRE 09 13 2007 0 00 352 80 134256 wmmue WM MUELLER SONS INC 09 13 2007 0 00 4 418 84 134257 wyffdian Diane Wyffels 0913 2007 0 00 200 00 134258 ZAHPET ZAHL PETROLEUM MAINTENANCE CO 0913 2007 0 00 1 178 71 Report Total 0 00 477 670 15 Page 3 395 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 09 14 07 0948 Amount A I ELECTRIC SERVICE aIele A I ELECTRIC SERVICE Ck 134152 0913 07 Inv 13192 Line Item Date 08 3 I07 Inv 13192 Total Line Item Description Light fixture repairs Line Item Account 101 1550 4300 486 53 486 53 Ck 134152 Total 486 53 aIele A I ELECTRIC SERVICE 486 53 A I ELECTRIC SERVICE 486 53 ACTA MINNESOTA JEFF ENGEL ACTMIN ACTA MINNESOTA JEFF ENGEL Ck 134153 09 13 07 Inv 90507 Line Item Date Line Item Description 09 05 07 Tae Kwon Do instructor fees Inv 90507 Total Line Item Account 10 1 1731 4300 2 600 00 2 600 00 Ck 134153 Total 2 600 00 ACTMIN ACTA MINNESOTA JEFF ENGEL 2 600 00 ACTA MINNESOTA JEFF ENGEL 2 600 00 ALERT ALL CORPORA nON aleall ALERT ALL CORPORATION Ck 134154 0913 07 Inv 7081086 Line Item Date Line Item Description 09 04 07 Fire prevention week supplies Inv 7081086 Total Line Item Account 101 1220 4375 2 553 75 2 553 75 Ck 134154 Total 2 553 75 aleall ALERT ALL CORPORATION 2 553 75 ALERT ALL CORPORA nON 2 553 75 ALL AMERICAN REC allame ALL AMERICAN REC Ck 134155 0913 07 Inv erosion Line Item Date 0912 07 0912 07 0912 07 Inv erosion Total Line Item Description Erosion escrow refund 6918 Highover Erosion escrow refund 6935 Lucy Ridge Ln Erosion escrow refund 6739 Manchester Line Item Account 815 8202 2024 815 8202 2024 815 8202 2024 250 00 250 00 250 00 750 00 Ck 134155 Total 750 00 alia me ALL AMERICAN REC 750 00 ALL AMERICAN REC 750 00 Page 1 396 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount ALLEN LEE HOMES alllee ALLEN LEE HOMES Ck 134156 09 13 07 Iny landscape Line Item Date Line Item Description 09 10 07 Landscape escrow 8667 Stonefield Ln Iny landscape Total Line Item Account 8 I 5 820 1 2024 750 00 750 00 Ck 134156 Total 750 00 alllee ALLEN LEE HOMES 750 00 ALLEN LEE HOMES 750 00 APACHE GROUP apagro APACHE GROUP Ck 134105 09 06 07 Iny 115850 Line Item Date 08 30 07 Iny 115850 Total Line Item Description Bath tissue and paper towels Line Item Account 101 1170 4110 811 90 811 90 Ck 134105 Total 8 11 90 apagro APACHE GROUP 811 90 APACHE GROUP 811 90 ARAMARK aramar ARAMARK Account Ck 134157 09 13 07 Iny 608136 Line Item Date 09 05 07 Iny 608136 Total 101 1170 4110 Line Item Description Coffee supplies Line Item Account 101 1170 4110 165 66 165 66 Ck 134157 Total 165 66 aramar ARAMARK 165 66 ARAMARK 165 66 Association of Environmental P aep Association of Environmental P Ck 134106 09 06 07 Iny 126 Line Item Date 08 23 07 Iny 126 Total Line Item Description Website advertisement Line Item Account 101 1310 4340 75 00 75 00 Ck 134106 Total 75 00 aep Association of Environmental P 75 00 Association of Environmental P 75 00 Page 2 397 CITY OF CHANHAS User danielle ASSURANT EMPLOYEE BENEFITS asbene ASSURANT EMPLOYEE BENEFITS Ck 134 107 09 06 07 Inv sept07 Line Item Date 09 04 07 09 04 07 09 04 07 09 04 07 09 04 07 Inv sept07 Total Ck 134107 Total asbene Line Item Description September long term disability September long term disability September long term disability September long term disability September long term disability Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Line Item Account 210 0000 2015 720 0000 2015 70 I 0000 20I 5 700 0000 2015 101 0000 2015 19 95 51 85 77 84 93 59 1 002 29 1 245 52 1 245 52 1 245 52 ASSURANT EMPLOYEE BENEFITS ASSURANT EMPLOYEE BENEFITS 1 245 52 AT T Mobility attmob AT T Mobility Ck 134108 09 06 07 Inv 871 186097 Line Item Date Line Item Description 08 21 07 Telephone charges Inv 871186097 Total Ck 134108 Total attmob AT T Mobility AT T Mobility AT T CONSUMER LEASE SERVICES ATTAZ AT T CONSUMER LEASE SERVICES Ck 134158 09 13 07 Inv 082807 Line Item Date 09 07 07 09 07 07 Inv 082807 Total Ck 134158 Total ATTAZ Line Item Description Telephone charges Telephone charges Line Item Account 101 1310 4310 945 945 9 45 9 45 9 45 Line Item Account 700 0000 4310 701 0000 4310 7 11 7 11 14 22 14 22 AT T CONSUMER LEASE SERVICES AT T CONSUMER LEASE SERVICES 14 22 BCA TRAINING DEVELOPMENT bcatra BCA TRAINING DEVELOPMENT Ck 134159 09 13 07 Inv 3189 Line Item Date 08 21 07 Inv 3189 Total Ck 134159 Total bcatra Line Item Description Fire investigation class Larson 14 22 Line Item Account 101 1220 4370 180 00 180 00 180 00 BCA TRAINING DEVELOPMENT 180 00 Page 3 398 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 BCA TRAINING DEVELOPMENT Amount 180 00 BLUE SKY GUIDE blusky BLUE SKY GUIDE Ck 134109 09 06 07 Inv 27524 Line Item Date 08 3107 Inv 27524 Total Line Item Description 2008 Blue Sky Guides Line Item Account 720 7201 4130 1 200 00 1 200 00 Ck 134109 Total 1 200 00 blusky BLUE SKY GUIDE 1 200 00 BLUE SKY GUIDE 1 200 00 Bogema Todd bogetodd Bogema Todd Ck 134160 0913 07 Inv 2006 01388 Line Item Date Line Item Description 09 06 07 Erosion escrow refund Inv 2006 01388 Total Line Item Account 815 8202 2024 250 00 250 00 Ck 134160 Total 250 00 bogetodd Bogema Todd 250 00 Bogema Todd 250 00 BORDER STATES ELECTRIC SUPPLY borsta BORDER STATES ELECTRIC SUPPLY Ck 134161 0913 07 Inv 96918019 Line Item Date Line Item Description 09 06 07 Return bulbs 09 05 07 Octron flr lamps Inv 96918019 Total Line Item Account 101 1220 4510 101 1220 4510 10 00 56 74 46 74 Inv 96923994 Line Item Date Line Item Description 09 06 07 Fluorescent bulbs Inv 96923994 Total Line Item Account 101 1220 4510 23 16 23 16 Ck 134161 Total 69 90 borsta BORDER STATES ELECTRIC SUPPLY 69 90 BORDER STATES ELECTRIC SUPPLY 69 90 Boyer Truck Parts boytru Boyer Truck Parts Ck 134110 09 06 07 Inv 116656 Line Item Date 08 2107 Inv 116656 Total Line Item Description Hinge kit Line Item Account 701 0000 4140 2 77 2 77 Page 4 399 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 091 4 07 09 48 Ck 134110 Total Amount 2 77 boytru Boyer Truck Parts 2 77 Boyer Truck Parts 2 77 BRAUN PUMP CONTROLS brapum BRAUN PUMP CONTROLS Ck 134 I I I 09 06 07 Inv 10539 Line Item Date 08 24 07 Inv 10539 Total Line Item Description Nitrile wear ring Line Item Account 701 0000 455 I 145 1 I 145 11 Ck 134111 Total 145 11 brapum BRAUN PUMP CONTROLS 145 11 BRAUN PUMP CONTROLS 145 11 BROWN S TIRE AUTO brotir BROWN S TIRE AUTO Ck 134162 09 13 07 Inv 083107 Line Item Date Line Item Description 08 3 07 Car washes Inv 083 I 07 Total Line Item Account 101 1250 4520 14 00 14 00 Ck 134 I 62 Total 14 00 brotir BROWN S TIRE AUTO 14 00 BROWN S TIRE AUTO 14 00 CAMPBELL KNUTSON camknu CAMPBELL KNUTSON Ck 134163 09 13 07 Inv 083107 Line Item Date 08 31 07 08 3 07 08 3 07 Inv 083107 Total Line Item Description Fox assessment appeal Rossavik litigation August legal services Line Item Account 701 7018 4302 101 1142 4302 101 1140 4302 73 73 1 795 10 15 916 13 17 784 96 Ck 134163 Total 17 784 96 camknu CAMPBELL KNUTSON 17 784 96 CAMPBELL KNUTSON 17 784 96 CANON FINANCIAL SERVICES INC cantin CANON FINANCIAL SERVICES INC Ck 134164 09 13 07 Inv 7318577 Line Item Date Line Item Description 09 0 07 Copier Inv 7318577 Total Line Item Account 101 1120 4410 753 88 753 88 Page 5 400 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 09 14 07 09 48 Ck 134164 Total Amount 753 88 cantin CANON FINANCIAL SERVICES INC 753 88 CANON FINANCIAL SERVICES INC 753 88 CARVER COUNTY TREASURER cartre CARVER COUNTY TREASURER Ck 134165 091 3 07 Iny 090507 Line Item Date 09 06 07 Iny 090507 Total Line Item Description Ownership name changes Line Item Account 101 1150 4300 2150 2150 Ck 134165 Total 21 50 cartre CARVER COUNTY TREASURER 21 50 CARVER COUNTY TREASURER 2150 CATCO PARTS SERVICE catpar CATCO PARTS SERVICE Ck 134112 09 06 07 InY 3 35247 Line Item Date Line Item Description 08 20 07 Bracket Iny 3 35247 Total Line Item Account 101 1550 4140 6 55 655 Iny 90 14440 Line Item Date Line Item Description 08 20 07 Drain yalye InY 90 14440 Total Line Item Account 101 1320 4140 58 73 58 73 Ck 134112 Total 65 28 catpar CATCO PARTS SERVICE 65 28 CATCO PARTS SERVICE 65 28 CENTERPOINT ENERGY MINNEGASCO cenene CENTERPOINT ENERGY MINNEGASCO Ck 134113 09 06 07 Iny 080807 Line Item Date 08 08 07 08 08 07 08 08 07 08 08 07 08 08 07 08 08 07 Iny 080807 Total Line Item Description Gas charges Gas charges Gas charges Gas charges Gas charges Gas charges Line Item Account 700 0000 4320 701 0000 4320 101 1551 4320 101 1530 4320 101 1370 4320 101 1220 4320 1857 18 57 27 83 56 34 148 56 230 77 500 64 Ck 134113 Total 500 64 Ck 134166 Inv 082707 Line Item Date 08 27 07 08 27 07 09 13 07 Line Item Description Gas charges Gas charges Line Item Account 101 1550 4320 700 0000 4320 8 95 10 12 Page 6 401 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 09114 07 09 48 08 27 07 08 27 07 08 27 07 Iny 082707 Total Gas charges Gas charges Gas charges 700 7019 4320 101 1170 4320 101 1190 4320 Amount 38 16 16116 1 195 14 1 413 53 Ck 134166 Total 1 41353 cenene CENTERPOINT ENERGY MINNEGASCO 1 914 17 CENTERPOINT ENERGY MINNEGASCO 1 914 17 CHANHASSEN FLORAL chaflo CHANHASSEN FLORAL Ck 134 168 0913 07 InY 8240718 Line Item Date Line Item Description 08 24 07 Flowers McDonald Iny 8240718 Total Line Item Account 101 1110 4375 47 99 47 99 Ck 134168 Total 47 99 chaflo CHANHASSEN FLORAL 47 99 CHANHASSEN FLORAL 47 99 CHANHASSEN VETERINARY chavet CHANHASSEN VETERINARY Ck 134170 0913 07 Iny 89752 Line Item Date 08 3107 Iny 89752 Total Line Item Description Veterinary services Line Item Account 10 I 1260 4300 2471 95 2 471 95 Ck 134170 Total 2 471 95 chavet CHANHASSEN VETERINARY 2 471 95 CHANHASSEN VETERINARY 2 471 95 CHANHASSEN VILLAGER chavil CHANHASSEN VILLAGER Ck 134171 0913 07 Iny subscrip Line Item Date Line Item Description 09 06 07 Subscription park rec 09 06 07 Subscription senior ctr 09 06 07 Subscription admin 09 06 07 Subscription bldg 09 06 07 Subscription animal control Iny subscrip Total Line Item Account 101 1520 4340 101 1560 4360 101 1120 4360 101 1250 4360 101 1260 4360 27 00 27 00 27 00 27 00 27 00 135 00 Iny subscription Line Item Date Line Item Description 09112 07 Subscription Public Works Iny subscription Total Line Item Account 101 1320 4360 27 00 27 00 Ck 134171 Total 162 00 Page 7 402 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 chaviI CHANHASSEN VILLAGER Amount 162 00 CHANHASSEN VILLAGER 162 00 Charbonneau Renae charrena Charbonneau Renae Ck 134 I 14 09 06 07 InY 090407 Line Item Date Line Item Description 09 04 07 Refund dance Iny 090407 Total Line Item Account 10 I I 534 363 I 65 00 65 00 Ck 134114 Total 65 00 charrena Charbonneau Renae 65 00 Charbonneau Renae 65 00 CHASKA BUILDING CENTER chabui CHASKA BUILDING CENTER Ck 134167 09 13 07 Iny 636706 Line Item Date Line Item Description 08 09 07 Work clothes Goetze Iny 636706 Total Line Item Account 101 1370 4240 146 93 146 93 Iny X48649 Line Item Date Line Item Description 09 1107 Iyory 09 1107 Clothing Iny X48649 Total Line Item Account 101 1220 4140 101 1370 4240 17 56 62 08 79 64 Ck 134167 Total 226 57 chabui CHASKA BUILDING CENTER 226 57 CHASKA BUILDING CENTER 226 57 CITY OF CHANHASSEN PETTY CASH CHAPET CITY OF CHANHASSEN PETTY CASH Ck 134169 0913 07 Iny 083107 Line Item Date 08 3107 08 3 1 07 08 3 1 07 08 31 07 Iny 083107 Total Line Item Description Surcharge for city building permit Postage reimbursement Scale Mileage reimbursements Line Item Account 10 1 1170 4300 101 1120 4330 101 1170 4110 101 1130 4370 1 50 1 98 31 94 126 78 162 20 Ck 134169 Total 162 20 CHAPET CITY OF CHANHASSEN PETTY CASH 162 20 CITY OF CHANHASSEN PETTY CASH 162 20 Page 8 403 CITY OF CHASKA chaska CITY OF CHASKA Ck 134115 09 06 07 Inv 10866 Line Item Date 08 28 07 Inv 10866 Total COLSON CONSTRUCTION INC coleon COLSON CONSTRUCTION INC Ck 134172 09 13 07 Inv escrows Line Item Date 09 10 07 091 0 07 091 0 07 091 0 07 091 0 07 09 10 07 09 10 07 09 10 07 09 10 07 Inv escrows Total CITY OF CHANHAS User danielle Ck 134115 Total chaska CITY OF CHASKA Ck 134172 Total coleon Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Line Item Description Senior boat cruise Line Item Account 101 1560 4300 26Q48 26Q48 26Q48 CITY OF CHASKA 26048 26048 Line Item Description erosion escrow 4080 Pipewood Ct erosion escrow 8666 Stonefield Ln erosion escrow 7563 Walnut Curve erosion escrow 7571 Walnut Curve erosion escrow 7583 Walnut Curve erosion escrow 6926 Highover Ct No erosion escrow 6814 Highover Drive erosion escrow 2458 Highover Trail landscape escrow 4080 Pipewood Ct Line Item Account 815 8202 2024 815 8202 2024 815 8202 2024 815 8202 2024 815 8202 2024 815 8202 2024 815 8202 2024 815 8202 2024 815 8201 2024 500 00 500 00 500 00 500 00 500 00 500 00 500 00 500 00 750 00 4 750 00 4 750 00 COLSON CONSTRUCTION INC 4 750 00 COLSON CONSTRUCTION INC 4 750 00 Colson Custom Homes LLC ColsCust Colson Custom Homes LLC Ck 134173 0913 07 Inv 0700070 Line Item Date Line Item Description 09 07 07 As built escrow 8777 Stonefield Ln Inv 0700070 Total COMPUTER INTEGRATION TECHN co mint COMPUTER INTEGRATION TECHN Ck 134174 0913 07 Inv 67808 Line Item Date 08 3107 Inv 67808 Total Ck 134173 Total ColsCust Colson Custom Homes LLC Line Item Account 815 8226 2024 1 500 00 1 500 00 1 500 00 Colson Custom Homes LLC 1 500 00 1 500 00 Line Item Description SSL 123 server certificate Line Item Account 400 4126 4703 275 84 275 84 Page 9 404 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Ck 134174 Total Amount 275 84 comint COMPUTER INTEGRATION TECHN 275 84 COMPUTER INTEGRATION TECHN 275 84 CONRADI MINDY conrmind CONRADI MINDY Ck 134175 0913 07 Inv 2000781 002 Line Item Date Line Item Description 09 07 07 Refund dance Inv 2000781 002 Total Line Item Account 101 1534 3631 55 00 55 00 Ck 134175 Total 55 00 conrmind CONRADI MINDY 55 00 CONRADI MINDY 55 00 CORPORATE EXPRESS corexp CORPORATE EXPRESS Account 101 1170 4110 Ck 134116 09 06 07 Inv 81092717 Line Item Date Line Item Description 08 23 07 Paper Inv 81092717 Total Line Item Account 101 1170 4110 66 62 66 62 Ck 134116 Total 66 62 Ck 134176 0913 07 Inv 81030904 Line Item Date Line Item Description 08 2107 Paper Inv 81030904 Total Line Item Account 101 1170 4110 79 94 79 94 Inv 81062294 Line Item Date Line Item Description 08 22 07 Paper Inv 81062294 Total Line Item Account 101 1170 4110 96 97 96 97 Inv 81289950 Line Item Date Line Item Description 08 31 07 Return paper Inv 81289950 Total Line Item Account 101 1170 4110 6662 66 62 Ck 134176 Total 110 29 corexp CORPORATE EXPRESS 176 91 CORPORATE EXPRESS 176 91 Cristofono Brian crisbria Cristofono Brian Ck 134117 09 06 07 Inv 417268 Line Item Date Line Item Description 08 27 07 Reimburse text book Line Item Account 101 1220 4370 49 50 Page 10 405 CITY OF CHANHAS User danielle InY 417268 Total Ck 134117 Total crisbria Cristofono Brian CUB FOODS cubfoo CUB FOODS Ck 134118 09 06 07 Iny 083107 Line Item Date 08 31 07 08 3107 08 3107 Iny 083107 Total Ck 134118 Total cubfoo CUB FOODS Cristofono Brian Line Item Description Miscellaneous charges Miscellaneous charges Miscellaneous charges CUB FOODS CUT ABOVE WOOD CO cutabo CUT ABOVE WOOD CO Ck 134177 09113 07 Iny 352105 Line Item Date 09 07 07 InY 352105 Total InY 352107 Line Item Date 09 07 07 InY 352107 Total Ck 134177 Total cutabo CUT ABOVE WOOD CO DAHL TERRY dahlterr DAHL TERRY Ck 134178 09113 07 Iny 90507 Line Item Date 09 05 07 Iny 90507 Total Ck 134178 Total dahlterr DAHL TERRY Line Item Description Remoye trees grind stumps Line Item Description Tree watering CUT ABOVE WOOD CO Line Item Description Tae Kwon Do instructor fee DAHL TERRY Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount 4950 4950 49 50 49 50 Line Item Account 101 1700 4130 101 I 540 4130 101 1731 4130 5103 11354 123 25 28782 287 82 287 82 287 82 Line Item Account 720 7202 4300 798 75 798 75 Line Item Account 720 7202 4300 1 29131 1 29131 2 090 06 2 090 06 2 090 06 Line Item Account 101 1761 4300 734 50 734 50 734 50 734 50 734 50 Page II 406 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount DANKA OFFICE IMAGING COMPANY danka DANKA OFFICE IMAGING COMPANY Ck 134 179 0913 07 Inv 705614126 Line Item Date Line Item Description 08 3107 Copier Inv 705614126 Total Line Item Account 101 1120 4410 822 38 822 38 Ck 134179 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 134180 0913 07 Inv 6202744 Line Item Date Line Item Description 0814 07 Spring water cups Inv 6202744 Total Line Item Account 101 1550 4120 118 34 118 34 Ck 134180 Total 118 34 deeprock Deep Rock Water Company 118 34 Deep Rock Water Company 118 34 Denucci Shelly denushe1 Denucci Shelly Ck 134119 09 06 07 Inv 2000779 002 Line Item Date Line Item Description 09 04 07 Refund babysitting training Inv 2000779 002 Total Line Item Account 101 1731 3636 45 00 45 00 Ck 134119 Total 45 00 denushel Denucci Shelly 45 00 Denucci Shelly 45 00 DESIGN FLAGS FLAGPOLES desfla DESIGN FLAGS FLAGPOLES Ck 134181 0913 07 Inv 6100 Line Item Date 09 04 07 1nv 6100 Total Line Item Description Flags Line Item Account 101 1170 4510 49949 49949 Ck 134181 Total 49949 desfla DESIGN FLAGS FLAGPOLES 499 49 DESIGN FLAGS FLAGPOLES 49949 Page 12 407 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Dohse Gary Karen dohsgary Dohse Gary Karen Ck 134 182 091 3 07 Inv erosion escrow Line Item Date Line Item Description 09 06 07 Erosion escrow refund Inv erosion escrow Total Line Item Account 8 I 5 8202 2024 500 00 500 00 Ck 134 182 Total 500 00 dohsgary Dohse Gary Karen 500 00 Dohse Gary Karen 500 00 DYNAMEX DELIVERS NOW dyname DYNAMEX DELIVERS NOW Ck 134183 09 13 07 Inv 1303402 Line Item Date Line Item Description 08 30 07 Delivery charge Inv 1303402 Total Line Item Account 700 0000 4300 37 22 37 22 Ck 134183 Total 37 22 dyname DYNAMEX DELIVERS NOW 37 22 DYNAMEX DELIVERS NOW 37 22 Edina Realty Title UB 00089 Edina Realty Title Ck 134248 09113 07 Inv Line Item Date 09 10 07 091 0 07 Inv Total Line Item Description Refund check Refund check Line Item Account 700 0000 2020 700 0000 2020 0 21 1440 14 61 Ck 134248 Total 14 61 UB 00089 Edina Realty Title 14 61 Edina Realty Title 14 61 Electronic Installations Inc elecin Electronic Installations Inc Ck 134184 09 13 07 Inv 2007 02176 Line Item Date Line Item Description 091 1 07 Refund overpayment 1862 Colonial Ln Inv 2007 02176 Total Line Item Account 101 1250 4901 5 76 5 76 Ck 134184 Total 5 76 elecin Electronic Installations Inc 5 76 Electronic Installations Inc 5 76 Page 13 408 CITY OF CHANHAS User danielle ESCHE LON TELECOM INC esctel ESCHELON TELECOM INC Ck 134185 091 3 07 Iny 120237342 Line Item Date Line Item Description 08 29 07 Call traffic management software Iny 120237342 Total Ck 134185 Total escteJ ESCHELON TELECOM INC ESCHELON TELECOM INC Express Scripts expscr Express Scripts Ck 134120 09 06 07 Iny 4203 Line Item Date 08 3 1 07 Iny 4203 Total Line Item Description Return picnic deposit Ck 134 I 20 Total expscr Express Scripts Express Scripts FACTORY MOTOR PARTS COMPANY facmot FACTORY MOTOR PARTS COMPANY Ck 134186 091 3 07 Iny 1 2697500 Line Item Date Line Item Description 08 27 07 Battery Iny 1 2697500 Total InY I 2701196 Line Item Date Line Item Description 09 04 07 Batteries Iny 1 2701196 Total Iny 6 964831 Line Item Date Line Item Description 08 22 07 Return wire set Iny 6 964831 Total Jny 6 967938 Line Item Date Line Item Description 09 04 07 Front suspension arms Iny 6 967938 Total Ck 134186 Total facmot Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Line Item Account 400 4101 4703 5 235 06 5 235 06 5 235 06 5 235 06 5 235 06 Line Item Account 101 0000 2026 200 00 200 00 200 00 200 00 200 00 Line Item Account 101 1550 4120 64 61 64 61 Line Item Account 101 1550 4140 290 84 290 84 Line Item Account 101 1320 4140 39 99 39 99 Line Item Account 101 1220 4140 198 00 198 00 51346 51346 513 46FACTORYMOTORPARTSCOMPANY FACTORY MOTOR PARTS COMPANY Page 14 409 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Feldmeier Matt FeldMatt Feldmeier Matt Ck 134121 09 06 07 Inv 2007 02070 Line Item Date Line Item Description 09 04 07 Overpayment 590 Bighorn Drive Inv 2007 02070 Total Line Item Account 101 I 250 490 I 6 12 6 12 Ck 134121 Total 6 12 FeldMatt Feldmeier Matt 6 12 Feldmeier Matt 6 12 GERHARDT TODD gerhtodd GERHARDT TODD Ck 134122 09 06 07 Inv sept07 Line Item Date 09 04 07 Inv sept07 Total Line Item Description September car allowance Line Item Account 101 1120 4380 575 00 575 00 Ck 134122 Total 575 00 gerhtodd GERHARDT TODD 575 00 GERHARDT TODD 575 00 GESTACH PAULSON CONSTRUCTION gespau GESTACH PAULSON CONSTRUCTION Ck 134187 09 13 07 Inv escrowrefund Line Item Date Line Item Description 091 0 07 Landscape escrow refund 9610 Meadowlark 09 10 07 Erosion escrow refund 9610 Meadowlark Inv escrowrefund Total Line Item Account 815 8201 2024 815 8202 2024 750 00 1 000 00 1 750 00 Ck 134187 Total 1 750 00 gespau GESTACH PAULSON CONSTRUCTION 1 750 00 GESTACH PAULSON CONSTRUCTION 1 750 00 GMH ASPHALT CORP gmhasp GMH ASPHALT CORP Ck 134123 09 06 07 Inv l01O Line Item Date 0612 07 Inv 1010 Total Line Item Description So Shore Dr pond improvements Line Item Account 720 0000 4300 14 902 00 14 902 00 Ck 134123 Total 14 902 00 gmhasp GMH ASPHALT CORP 14 902 00 GMH ASPHALT CORP 14 902 00 Page 15 410 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 09 14 07 09 48 Amount GYM WORKS INC gymwor GYM WORKS INC Ck 134 188 0913 07 Inv 5021 Line Item Date Line Item Description 08 3107 Preventative maintenance Inv 502 I Total Line Item Account 101 1530 4530 300 00 300 00 Ck 134 I 88 Total 300 00 gymwor GYM WORKS INC 300 00 GYM WORKS INC 300 00 HAAK LORI haaklori HAAK LORI Ck 134 I 89 09 13 07 Inv 91007 Line Item Date 09 09 07 Inv 91007 Total Line Item Description Council work session preparation Line Item Account 720 0000 4300 700 00 700 00 Ck 134189 Total 700 00 haaklori HAAK LORI 700 00 HAAK LORI 700 00 HAMILTON MICHAEL hamimich HAMILTON MICHAEL Ck 134 I 90 091 3 07 Inv 4203 Line Item Date 09 12 07 Inv 4203 Total Line Item Description Adu t softball umpire Line Item Account 101 1767 4300 572 00 572 00 Ck 134190 Total 572 00 hamimich HAMILTON MICHAEL 572 00 HAMILTON MICHAEL 572 00 HAWKINS CHEMICAL hawche HAWKINS CHEMICAL Ck 134 I 24 09 06 07 Inv 110 638 Line Item Date Line Item Description 081 3 07 Chemicals Inv 1101638 Total Line Item Account 700 7019 4160 15 235 84 15 235 84 Ck 134124 Total 15 235 84 hawche HAWKINS CHEMICAL 15 235 84 HAWKINS CHEMICAL 15 235 84 Page 16 411 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount HD Supply Watenvorks LTD hdsup HD Supply Watenvorks L TD Ck 134125 09 06 07 Inv 5856031 Line Item Date Line Item Description 08 27 07 Meters Inv 5856031 Total Line Item Account 700 0000 4250 4 94749 4 94749 Ck 134125 Total 4 94749 Ck 134191 09113 07 Inv 5900837 Line Item Date Line Item Description 08 30 07 Curb boxes Inv 5900837 Total Line Item Account 700 0000 4550 120 24 120 24 Inv 5901332 Line Item Date Line Item Description 08 30 07 Couplings Inv 5901332 Total Line Item Account 700 0000 4552 41 52 41 52 Ck 134191 Total 16 I76 hdsup HD Supply Watenvorks LTD 5 109 25 HD Supply Watenvorks LTD 5 109 25 HENNEN EQUIPMENT INC henequ HENNEN EQUIPMENT INC Ck 134192 09113 07 Inv 13519 Line Item Date Line Item Description 08 29 07 Steel Inv 13519 Total Line Item Account 101 1220 4140 51 23 51 23 Ck 134192 Total 51 23 henequ HENNEN EQUIPMENT INC 5123 HENNEN EQUIPMENT INC 5123 ICMA RETIREMENT AND TRUST 457 ICMART ICMA RETIREMENT AND TRUST 457 Ck 134193 09113 07 Inv Line Item Date 091107 091 1 07 091107 Inv Total Line Item Description PR Batch 414 9 2007 ICMA PR Batch 414 9 2007 ICMA PR Batch 414 9 2007 ICMA Line Item Account 210 0000 2009 720 0000 2009 101 0000 2009 31 25 100 00 1 708 75 1 840 00 Ck 134193 Total 1 840 00 ICMART ICMA RETIREMENT AND TRUST 457 1 840 00 ICMA RETIREMENT AND TRUST 457 1 840 00 Page 17 412 CITY OF CHANHAS User danielIe INDEPENDENT SCHOOL DIST 112 INDSCH INDEPENDENT SCHOOL DIST 112 Ck 134194 0913 07 Inv 2075 Line Item Date 08 27 07 Inv 2075 Total Line Item Description BluffCr joint powers agreement Ck 134194 Total INDSCH Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Line Item Account 101 1530 4320 10 13348 10 13348 10 13348 INDEPENDENT SCHOOL DIST 112 10 13348INDEPENDENTSCHOOLDIST112 INFRA TECH infrat INFRA TECH Ck 134195 0913 07 Inv PR70741 Line Item Date Line Item Description 07 01 07 Replace manhole castings Inv PR70741 Total Ck 134195 Total infrat INFRA TECH INFRA TECH ITL PATCH COMPANY INC itlpat ITL PATCH COMPANY INC Ck 134126 09 06 07 Inv 28617 Line Item Date Line Item Description 08 31 07 Shoulder emblems Inv 28617 Total Ck 134126 Total itlpat ITL PATCH COMPANY INC ITL PATCH COMPANY INC JH LARSON COMPANY jhlar JH LARSON COMPANY Ck 134196 0913 07 Inv 4117223 02 Line Item Date Line Item Description 08 28 07 Replacement lenses Inv 4117223 02 Total Ck 134196 Total jhlar JH LARSON COMPANY JH LARSON COMPANY 10 133 48 Line Item Account 701 0000 4551 8 781 99 8 781 99 8 781 99 8 781 99 8 781 99 Line Item Account 101 1260 4240 8195 8195 81 95 8195 81 95 Line Item Account 101 1550 4150 204 05 204 05 204 05 204 05 204 05 Page 18 413 CITY OF CHANHAS User danieIle Johnson Jan johnjan Johnson Jan Ck 134127 09 06 07 Iny 090307 Line Item Date 09 03 07 Iny 090307 Total Line Item Description Reimburse chan o laire supplies Ck 134 I 27 Total johnjan Johnson Jan Johnson Jan JW PEPPER SON INC jwpep JW PEPPER SON INC Ck 134 I 28 09 06 07 Iny 11412080 Line Item Date Line Item Description 08 15 07 Chan o Iaires music 1ny 11412080 Total InY 11412170 Line Item Date Line Item Description 0815 07 Chan o laires music Iny 11412170 Total 1nY 11412179 Line Item Date Line Item Description 0815 07 Chan o Iaires music Iny 11412179 Total Iny 11412227 Line Item Date Line Item Description 0815 07 Chan o Iaires music Iny 11412227 Total Ck 134128 Total jwpep JW PEPPER SON INC JW PEPPER SON INC KIM LEY HORN AND ASSOCIATES INC kimhor KIMLEY HORN AND ASSOCIATES INC Ck 134129 09 06 07 InY 3094215 Line Item Date Line Item Description 07 3107 Dogwood Road improyements Iny 3094215 Total Iny 3094216 Line Item Date Line Item Description 07 3107 2007 Street Improyement project InY 3094216 Total Ck 134129 Total Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Line Item Account 101 1560 4130 20 81 20 81 20 81 20 81 20 81 Line Item Account 101 1560 4130 3049 3049 Line Item Account 101 1560 4130 14 93 14 93 Line Item Account 101 1560 4130 37 59 3759 Line Item Account 101 1560 4130 27 94 27 94 110 95 110 95 110 95 Line Item Account 601 6015 4752 9 070 95 9 070 95 Line Item Account 601 6017 4752 10 148 75 10 148 75 19 219 70 Page 19 414 CITY OF CHANHAS User danieIle kimhor Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 KIM LEY HORN AND ASSOCIATES INC Amount 19 219 70 KIMLEY HORN AND ASSOCIATES INC 19 219 70 Konen Homes Inc konhom Konen Homes Ine Ck 134197 09 13 07 Inv landscape Line Item Date Line Item Description 091 0 07 Landscape escrow 6896 Navajo Dr Inv landscape Total Lana Equipment LANEQ1 Lana Equipment Ck 134 I 98 091 3 07 Inv 12085 Line Item Date 08 29 07 08 29 07 08 29 07 Inv 12085 Total Ck 134 I 97 Total konhom Konen Homes Ine KROMER CO KROCO KROMER CO Ck 134 I 30 09 06 07 Inv 29748 Line Item Date 08 22 07 Inv 29748 Total Ck 134130 Total KROCO KROMER CO Inv 167353 Line Item Date 06 05 07 Inv 167353 Total Inv 168096 Line Item Date 06 20 07 Inv 168096 Total Inv 170034 Line Item Date 08 01 07 Inv 170034 Total Line Item Account 815 8201 2024 750 00 750 00 750 00 Konen Homes Ine 750 00 750 00 Line Item Description Pumps line strainer screens Line Item Account 101 1550 4530 1 040 76 1 040 76 1 040 76 KROMER CO 1 040 76 1 040 76 Line Item Description Ind grapple bucket hoses couplers Ind grapple bucket hoses couplers Ind grapple bucket hoses couplers Line Item Account 101 1320 4120 101 1320 4120 101 I 550 4 I 20 1 278 00 1 278 00 2 092 73 2 092 73 Line Item Description Return switch wiper arm Line Item Account 101 1320 4120 49 30 49 30 Line Item Description Hose Line Item Account 700 0000 4120 45 95 45 95 Line Item Description Tube Line Item Account 101 1320 4120 5 51 5 51 Page 20 415 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 0948 Amount InY 17IJ96 Line Item Date 08 28 07 08 28 07 Iny 171196 Total Line Item Description Ind grapple bucket hoses couplers Ind grapple bucket hoses rental Line Item Account 101 1550 4120 10 1 1320 44 10 2 092 73 1 278 00 814 73 InY 171304 Line Item Date 08 30 07 Iny 171304 Total Line Item Description Seal Line Item Account 101 1320 4140 9 16 9 16 Ck 134198 Total 1 289 32 LANEQ1 Lano Equipment 1 289 32 Lano Equipment 1 289 32 LANZI BOB lanzbob LANZI BOB Ck 134131 09 06 07 Iny 4203 Line Item Date 08 3107 Iny 4203 Total Line Item Description Adult softball umpire Line Item Account 101 1767 4300 154 00 154 00 Ck 134131 Total 154 00 lanzbob LANZI BOB 154 00 LANZI BOB 154 00 LEAGUE OF MINNESOTA CITIES leamin LEAGUE OF MINNESOTA CITIES Ck 134199 0913 07 InY 090107 Line Item Date 09 0107 Iny 090107 Total Line Item Description Mn Mayors Assn membership Furlong Line Item Account 101 1110 4360 20 00 20 00 InY 2007 2008 Line Item Date Line Item Description 09 0107 Membership dues InY 2007 2008 Total Line Item Account 101 1110 4360 14 027 00 14 027 00 Ck 134199 Total 14 047 00 LEAMIN LEAGUE OF MINNESOTA CITIES 14 047 00 LEAGUE OF MINNESOTA CITIES 14 047 00 LEBAHN JEAN 1ebajean LEBAHN JEAN Ck 134200 09 13 07 Iny 2000786 002 Line Item Date Line Item Description 09 07 07 Refund dance Iny 2000786 002 Total Line Item Account 101 1534 3631 105 00 105 00 Page 21 416 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Ck 134200 Total Amount 105 00 lebajean LEBAHN JEAN 105 00 LEBAHN JEAN 105 00 Lietz Marsha Iietmars Lietz Marsha Ck 134201 09 13 07 Inv 083107 Line Item Date 08 3107 Inv 083107 Total Line Item Description Restructuring department Line Item Account 101 1420 4370 150 00 150 00 Ck 134201 Total 150 00 Iietmars Lietz Marsha 150 00 Lietz Marsha 150 00 LUNDGREN BROS CONSTRUCTION lunbro LUNDGREN BROS CONSTRUCTION Ck 134202 091 3 07 Inv erosionescrow Line Item Date Line Item Description 091 0 07 Erosion escrow refund 7052 Harrison Hill 091 0 07 Erosion escrow refund 540 Summerfield 09 10 07 Erosion escrow refund 2021 Edgewood Ct 09 10 07 Erosion escrow refund 2031 Edgewood Ct 091 0 07 Landscape escrow refund 2021 Edgewood Ct 091 0 07 Landscape escrow refund 2031 Edgewood Ct Inv erosionescrow Total Line Item Account 815 8202 2024 815 8202 2024 815 8202 2024 815 8202 2024 815 8201 2024 815 8201 2024 500 00 500 00 500 00 500 00 750 00 750 00 3 500 00 Ck 134202 Total 3 500 00 lunbro LUNDGREN BROS CONSTRUCTION 3 500 00 LUNDGREN BROS CONSTRUCTION 3 500 00 LUSE MICHAEL lusemich LUSE MICHAEL Ck 134132 09 06 07 Inv 395439 Line Item Date 08 24 07 Inv 395439 Total Line Item Description Piano tuning Line Item Account 101 1560 4300 79 00 79 00 Ck 134132 Total 79 00 lusemich LUSE MICHAEL 79 00 LUSE MICHAEL 79 00 Lyons Amy Iyonamy Lyons Amy Ck 134133 09 06 07 Inv 2000778 002 Line Item Date 09 04 07 Line Item Description Refund jazz dance Line Item Account 101 1534 3631 55 00 Page 22 417 MERLINS ACE HARDWARE merace MERLINS ACE HARDWARE Ck 134204 0913 07 Inv aug07 Line Item Date 08 3107 08 3107 08 3 1 07 08 3 1 07 08 3 1 07 08 3107 08 3107 08 3107 08 3 1 07 Inv aug07 Total CITY OF CHANHAS User danielle Inv 2000778 002 Total Ck 134133 Total Iyonamy Lyons Amy Ck 134204 Total merace Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount 55 00 55 00 Lyons Amy 55 00 55 00 Line Item Description Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Miscellaneous charges Line Item Account 101 1550 4140 10 1 1600 4 I 30 101 1220 4140 700 7019 4260 101 1220 4290 70 I 0000 4120 700 7019 4120 10 1 1320 4120 101 1550 4120 4 06 4 18 25 09 26 74 36 77 50 67 84 17 208 86 972 36 1 412 90 1 412 90 MERLINS ACE HARDWARE 1 412 90 MERLlNS ACE HARDWARE 1 412 90 METROCALL met roc METROCALL Ck 134208 091 3 07 Inv Q0315834I Line Item Date Line Item Description 09 0107 Pager charges 09 0107 Pager charges 09 0 I 07 Pager charges 09 0 I 07 Pager charges 09 0107 Pager charges Inv Q0315834I Total Ck 134208 Total met roc METROCALL 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 39 66 METROCALL 39 66 39 66 METROPOLITAN COUNCIL metco2 METROPOLITAN COUNCIL Account 701 0000 4509 Ck 134206 0913 07 Inv 855804 Line Item Date Line Item Description 09 05 07 Wastewater service bill for October Inv 855804 Total Ck 134206 Total Line Item Account 701 0000 4509 116 450 37 116450 37 116450 37 Page 23 418 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 metco2 METROPOLITAN COUNCIL Amount 116 450 37 METROPOLITAN COUNCIL 116 450 37 Metropolitan Council Env Svcs metco Metropolitan Council Env Svcs Account 101 1250 3816 Ck 134205 0913 07 Inv Aug 07 Line Item Date Line Item Description 08 3107 August sac report 08 3107 August sac report Inv Aug 07 Total Line Item Account 101 1250 3816 70 I 0000 2023 301 50 30 150 00 29 848 50 Ck 134205 Total 29 848 50 metco Metropolitan Council Env Svcs 29 848 50 Metropolitan Council Env Svcs 29 848 50 METROPOLITAN FORD metfor METROPOLITAN FORD Ck 134207 0913 07 Inv 454990 Line Item Date Line Item Description 09 04 07 Muffler Inv 454990 Total Line Item Account 101 1220 4140 251 72 251 72 Ck 134207 Total 251 72 metfor METROPOLITAN FORD 251 72 METROPOLITAN FORD 25172 MIDWEST ASPHALT CORPORATION midasp MIDWEST ASPHALT CORPORATION Ck 134209 0913 07 Inv 89008MB Line Item Date Line Item Description 09 04 07 Tack oil Inv 89008MB Total Line Item Account 700 0000 4150 36 21 36 21 Inv 89144MB Line Item Date Line Item Description 09 04 07 Asphalt 09 04 07 Asphalt Inv 89144MB Total Line Item Account 101 1320 4150 700 0000 4150 422 53 894 88 1 31741 Ck 134209 Total 1 353 62 midasp MIDWEST ASPHALT CORPORATION 1 353 62 MIDWEST ASPHALT CORPORATION 1 353 62 MINN CRIME PREVENTION ASSN mcpa MINN CRIME PREVENTION ASSN Ck 134203 0913 07 Inv 090 I 07 Line Item Date Line Item Description 09 0107 Crime Prevention conf Hoiseth Line Item Account 101 1210 3807 95 00 Page 24 419 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 09114 07 09 48 Iny 090107 Total Amount 95 00 Ck 134203 Total 95 00 mcpa MINN CRIME PREVENTION ASSN 95 00 MINN CRIME PREVENTION ASSN 95 00 MN CHILD SUPPORT PAYMENT CTR MNCHIL MN CHILD SUPPORT PAYMENT CTR Ck 134210 09 13 07 Iny 0911 4 07 Line Item Date Line Item Description 0911 I07 Pay Date 9 14 07 Case ID 001472166101 Iny 0911 4 07 Total Line Item Account 700 0000 2006 417 62 417 62 Iny 091407 Line Item Date 091 I07 Iny 091407 Total Line Item Description Pay Date 9 14 07 Case ID 001130771501 Line Item Account 101 0000 2006 34 61 34 61 Ck 134210 Total 452 23 MNCHIL MN CHILD SUPPORT PAYMENT CTR 452 23 MN CHILD SUPPORT PAYMENT CTR 452 23 MN DEPT OF HEALTH MNHEAL MN DEPT OF HEALTH Account 700 0000 4509 Ck 134211 0913 07 Iny 062007 Line Item Date 06 20 07 Iny 062007 Total Line Item Description Waterworks Operator Cert Martinson Line Item Account 700 0000 4360 23 00 23 00 Ck 134211 Total 23 00 MNHEAL MN DEPT OF HEALTH 23 00 MN DEPT OF HEALTH 23 00 MN DEPT OF LABOR AND INDUSTRY mnlabo MN DEPT OF LABOR AND INDUSTRY Ck 134212 0913 07 InY 2412151025 Line Item Date Line Item Description 08 3 I07 Bldg permit surcharge report Aug 08 3 I07 Bldg permit surcharge report Aug Iny 2412151025 Total Line Item Account 101 1250 3818 101 0000 2022 107 32 5 355 88 5 24856 Ck 134212 Total 5 24856 mnlabo MN DEPT OF LABOR AND INDUSTRY 5 248 56 MN DEPT OF LABOR AND INDUSTRY 5 248 56 Page 25 420 MN NCPERS LIFE INSURANCE NCPERS MN NCPERS LIFE INSURANCE Ck 134218 0913 07 Inv Line Item Date 091 1 07 091 1 07 091 1 07 Inv Total CITY OF CHANHAS User danieIle Ck 134218 Total NCPERS Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Line Item Description PR Batch 414 9 2007 NCPERS life insurance PR Batch 414 9 2007 NCPERS life insurance PR Batch 414 9 2007 NCPERS life insurance Line Item Account 700 0000 20 II 701 0000 2011 101 0000 2011 1 60 1 60 28 80 32 00 32 00 MN NCPERS LIFE INSURANCE 32 00 MN NCPERS LIFE INSURANCE 32 00 MN VALLEY ELECTRIC COOP mvec MN VALLEY ELECTRIC COOP Ck 134134 09 06 07 Inv 082307 Line Item Date 08 23 07 08 23 07 08 23 07 08 23 07 Inv 082307 Total Ck 134134 Total Ck 134215 Inv 090707 Line Item Date 09 07 07 09 07 07 Inv 090707 Total Ck 134215 Total mvec Line Item Description Electricity charges Electricity charges Electricity charges Electricity charges Line Item Account 101 1600 4320 700 0000 4320 701 0000 4320 101 1350 4320 18 74 2242 300 97 2 883 78 3 225 91 3 225 91 0913 07 Line Item Description Electricity charges Electricity charges Line Item Account 101 1350 4320 101 1350 4320 2642 116 72 143 14 143 14 MN VALLEY ELECTRIC COOP 3 369 05 MN VALLEY ELECTRIC COOP 3 369 05 MSRS MSRS MSRS Ck 134213 Inv Line Item Date 091 1 07 09 1107 091 1 07 091 1 07 091 1 07 09 1107 09 11 07 09 1107 09 1107 09 1107 09 1107 09 1107 091 3 07 Line Item Description PR Batch 414 9 2007 Post Health 05 Emplr PR Batch 414 9 2007 Post Health 3 Emplr PR Batch 41492007 Post Health 3 Emplr PR Batch 414 9 2007 Post Health 05 Emplr PR Batch 414 9 2007 Post Health 05 Emplr PR Batch 414 9 2007 Post Health 05 Emplr PR Batch 41492007 Post Health I Emplr PR Batch 414 9 2007 Post Health I Emplr PR Batch 414 9 2007 Ret Health 5 PR Batch 414 9 2007 Post Health I Emplr PR Batch 414 9 2007 Ret Health 3 PR Batch 414 9 2007 Ret Health 3 Line Item Account 210 0000 2016 700 0000 2016 701 0000 2016 700 0000 2016 701 0000 2016 720 0000 2016 210 0000 2016 720 0000 2016 210 0000 2016 701 0000 2016 700 0000 2016 701 0000 2016 0 21 0 28 0 28 0 51 0 51 0 60 1 46 1 94 2 77 3 50 3 62 3 63 Page 26 421 CITY OF CHANHAS User danielle 091 1 07 09111 07 091 1 07 091 1 07 091 1 07 09111 07 091 1 07 091 1 07 0911 07 091 1 07 091 1 07 09 11 07 091 1 07 091 1 07 09 11 07 091 1 07 091 1 07 091 1 07 091107 091 1 07 09 1107 091 1 07 091 1 07 09 1107 Inv Total Ck 134213 Total MSRS MSRS Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 PR Batch 414 9 2007 Post Health I Emplr PR Batch 414 9 2007 Post Health 2 Emplr PR Batch 414 9 2007 Ret Health 5 PR Batch 414 9 2007 Ret Health 5 PR Batch 414 9 2007 Ret Health 5 PR Batch 414 9 2007 Post Health 2 Emplr PR Batch 41492007 Post Health 05 Emplr PR Batch 414 9 2007 Post Health 3 Emplr PR Batch 414 9 2007 Ret Health 1 PR Batch 41492007 Post Health 5 Emplr PR Batch 414 9 2007 Ret Health 1 PR Batch 414 9 2007 Post Health 2 Emplr PR Batch 414 9 2007 Post Health 7 Emplr PR Batch 414 9 2007 Post Health I Emplr PR Batch 414 9 2007 Ret Health 1 PR Batch 414 9 2007 Ret Health 1 PR Batch 414 9 2007 Ret Health 2 PR Batch 414 9 2007 Ret Health 2 PR Batch 414 9 2007 Ret Health 5 PR Batch 414 9 2007 Ret Health 3 PR Batch 414 9 2007 Ret Health 5 PR Batch 414 9 2007 Ret Health 2 PR Batch 414 9 2007 Ret Health 7 PR Batch 41492007 Ret Health 1 700 0000 2016 701 0000 2016 700 0000 2016 701 0000 2016 720 0000 2016 700 0000 2016 101 0000 2016 101 0000 2016 210 0000 2016 10 1 0000 20 16 720 0000 2016 101 0000 2016 101 0000 2016 101 0000 2016 701 0000 2016 700 0000 2016 701 0000 2016 700 0000 2016 101 0000 2016 101 0000 2016 101 0000 2016 101 0000 2016 101 0000 2016 101 0000 2016 Amount 4 19 5 35 6 76 6 77 7 81 9 79 11 55 1744 19 12 19 80 25 29 26 79 27 15 42 79 4544 54 99 70 14 127 73 158 34 228 05 258 79 350 37 354 90 58139 2 480 05 2 480 05 MSRS 2 480 05 2 480 05 MTI DISTRIBUTING INC mtidis MTI DISTRIBUTING INC Ck 134214 0913 07 Inv 593603 00 Line Item Date Line Item Description 08 29 07 Pulley switch Inv 593603 00 Total Line Item Account 101 1550 4120 167 50 167 50 Inv 594021 00 Line Item Date Line Item Description 08 3107 tube assembly Inv 594021 00 Total Ck 134214 Total mtidis Line Item Account 101 1550 4120 8240 8240 249 90 MTI DISTRIBUTING INC 249 90 MTI DISTRIBUTING INC 249 90 NAPA AUTO TRUCK PARTS napa NAPA AUTO TRUCK PARTS Ck 134216 091 3 07 Inv 297362 Line Item Date 08 20 07 Inv 297362 Total Line Item Description Fittings Line Item Account 101 1320 4140 34 64 34 64 Page 27 422 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Inv 298927 Line Item Date 08 27 07 Inv 298927 Total Line Item Description Caliper core deposit Line Item Account 701 0000 4140 159 62 159 62 Ck 1342 16 Total 194 26 napa NAPA AUTO TRUCK PARTS 194 26 NAPA AUTO TRUCK PARTS 194 26 NATIONAL FIRE PROTECTION ASSN nfpa NATIONAL FIRE PROTECTION ASSN Ck 134221 09 13 07 Inv 3947202Y Line Item Date Line Item Description 09 01 07 Fire Prevention Week Banner Inv 3947202Y Total Line Item Account 101 1220 4375 101 55 101 55 Ck 134221 Total 10 155 nfpa NATIONAL FIRE PROTECTION ASSN 101 55 NATIONAL FIRE PROTECTION ASSN 101 55 NATIONWIDE RETIREMENT SOLUTION NA TRET NATIONWIDE RETIREMENT SOLUTION Ck 1342 17 0913 07 Inv Line Item Date 09 1107 0911 07 09 1107 09 1107 Inv Total Line Item Description PR Batch 414 9 2007 Nationwide Retirement PR Batch 414 9 2007 Nationwide Retirement PR Batch 414 9 2007 Nationwide Retirement PR Batch 414 9 2007 Nationwide Retirement Line Item Account 720 0000 2009 701 0000 2009 700 0000 2009 101 0000 2009 50 00 356 96 360 02 4 910 1 I 5 677 09 Ck 134217 Total 5 677 09 NATRET NATIONWIDE RETIREMENT SOLUTION 5 677 09 NATIONWIDE RETIREMENT SOLUTION 5 677 09 NEOPOST LEASING neolea NEOPOST LEASING Ck 134219 09 13 07 Inv 12252790 Line Item Date Line Item Description 08 30 07 Ink tank for postage machine Inv 12252790 Total Line Item Account 101 1170 4110 24 I7 6 241 76 Ck 134219 Total 241 76 neolea NEOPOST LEASING 241 76 NEOPOST LEASING 24176 Page 28 423 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount NEXTEL nextel NEXTEL Ck 134220 0913 07 InY 603663316 069 Line Item Date Line Item Description 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges 08 22 07 Telephone charges Iny 603663316 069 Total Line Item Account 101 1530 4310 720 0000 4310 101 1260 4310 101 1170 4310 101 1160 4310 101 1130 4310 101 1520 4310 10 1 1600 431 0 101 1370 4310 701 0000 4310 101 1310 4310 101 1120 4310 700 0000 4310 101 1250 4310 101 1220 4310 101 1550 4310 10 1 1320 4310 2042 25 22 36 34 5110 76 82 89 04 125 62 136 04 138 16 146 95 167 02 197 34 223 53 283 33 319 02 380 22 568 61 2 984 78 Ck 134220 Total 2 984 78 oextel NEXTEL 2 984 78 NEXTEL 2 984 78 O REILLY AUTOMOTIVE INC oreaut O REILLY AUTOMOTIVE INC Ck 134149 09 07 07 Ioy 082807 Line Item Date 08 28 07 08 28 07 08 28 07 08 28 07 08 28 07 08 28 07 08 28 07 08 28 07 08 28 07 Iny 082807 Total Line Item Description Misc Parts Misc Parts Misc Parts Misc Parts Misc Parts Mise Parts Mise Parts Mise Parts Mise Parts Line Item Account 10 1 1220 4120 101 1550 4140 101 1550 4120 10 1 1320 4140 700 0000 4120 101 1320 4120 700 0000 4140 101 1220 4140 701 0000 4120 749 34 86 39 76 7343 11546 122 52 197 78 395 74 602 98 1 590 02 Ck 134149 Total 1 590 02 oreaut O REILLY AUTOMOTIVE INC 1 590 02 O REILLY AUTOMOTIVE INC 1 590 02 OFFICE MAX offmax OFFICE MAX Account Ck 134222 09 13 07 InY 886016 Line Item Date 08 27 07 101 1170 4110 Line Item Description Holder note pads Line Item Account 101 1170 4110 58 12 Page 29 424 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 0914 07 0948 Inv 886016 Total Amount 58 12 Ck 134222 Total 58 12 offmax OFFICE MAX 58 12 OFFICE MAX 58 12 OLSON DENISE olsodeni OLSON DENISE Ck 134223 09 13 07 Inv 2000782 002 Line Item Date Line Item Description 09 07 07 Refund dance Inv 2000782 002 Total Line Item Account 101 I 534 363 I 120 00 120 00 Ck 134223 Total 120 00 olsodeni OLSON DENISE 120 00 OLSON DENISE 120 00 Onken Marvin onkemarv Onken Marvin Ck 134224 0913 07 Inv erosionescrow Line Item Date Line Item Description 09 06 07 Erosion escrow refund 622 I Greenbriar A v Inv erosionescrow Total Line Item Account 8 I 5 8202 2024 250 00 250 00 Ck 134224 Total 250 00 onkemarv Onken Marvin 250 00 Onken Marvin 250 00 ONVOY onvoy ONVOY Account 101 1160 4320 Ck 134225 091 3 07 Inv 70902008872 Line Item Date Line Item Description 09 0 I 07 Internet charges Inv 70902008872 Total Line Item Account 101 1160 4320 95450 95450 Ck 134225 Total 954 50 onvoy ONVOY 954 50 ONVOY 954 50 OUR DESIGNS INC ourdes OUR DESIGNS INC Ck 134 I 35 09 06 07 Inv 13668 I 6 Line Item Date Line Item Description 08 27 07 Jr Firefighter turnout gear Inv 13668 I 6 Total Line Item Account 101 1220 4375 75 90 75 90 Page 30 425 CITY OF CHANHAS User danielIe Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Iny 1367059 Line Item Date Line Item Description 08 28 07 Recognition awards ribbon drape Iny 1367059 Total Line Item Account 101 I 220 4290 85 60 85 60 Iny 1367224 Line Item Date Line Item Description 08 30 07 Ir firefighter turnout gear Iny 1367224 Total Line Item Account 101 1220 4375 59 95 59 95 Ck 134135 Total 22145 ourdes OUR DESIGNS INC 221 45 OUR DESIGNS INC 221 45 Pilgrim Katie pilgkati Pilgrim Katie Ck 134226 0913 07 InY 091107 Line Item Date 0912 07 Iny 091107 Total Line Item Description Class registration and textbook Line Item Account 101 1130 4370 10355 103 55 Ck 134226 Total 103 55 pilgkati Pilgrim Katie 103 55 Pilgrim Katie 103 55 Pool Spa Concept poospa Pool Spa Concept Ck 134227 0913 07 Iny erosion escrow Line Item Date Line Item Description 09 06 07 Erosion escrow refund 6331 Cypress Dr 09 06 07 Erosion escrow refund 7444 Moccasin Tr 09 06 07 Erosion escrow refund 982 I Deerbrook Dr Iny erosion escrow Total Line Item Account 8 I 5 8202 2024 815 8202 2024 815 8202 2024 250 00 250 00 250 00 750 00 Ck 134227 Total 750 00 poospa Pool Spa Concept 750 00 Pool Spa Concept 750 00 POSTMASTER post POSTMASTER Ck 134 150 091 0 07 IOY 091007 Line Item Date 09 10 07 Iny 091007 Total Line Item Description Senior Center Mailing Line Item Account 101 1170 4330 140 38 140 38 Ck 134150 Total 140 38 post POSTMASTER 140 38 Page 3 I 426 CITY OF CHANHAS User danielle POSTMASTER POWERPLAN OIB powoib POWERPLAN OlD Ck 134228 09113 07 Inv P23375 Line Item Date 08 27 07 Inv P23375 Total Ck 134228 Total powoib POWERPLAN OlD Line Item Description Deck washers POWERPLAN OlD PRAIRIE LAWN GARDEN pralaw PRAIRIE LAWN GARDEN Ck 134229 09113 07 Inv 116492 Line Item Date 0817 07 Inv 116492 Total Inv 116493 Line Item Date 08 17 07 Inv 116493 Total Inv 116494 Line Item Date 0817 07 Inv 116494 Total Ck 134229 Total pralaw Line Item Description Chainsaw Line Item Description Chain Line Item Description Scabbard Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount 140 38 Line Item Account 101 1320 4120 86 82 86 82 86 82 86 82 86 82 Line Item Account 101 1320 4260 28754 287 54 Line Item Account 10 1 1320 4120 46 97 46 97 Line Item Account 101 1320 4120 8 51 8 51 343 02 PRAIRIE LAWN GARDEN PRAIRIE LAWN GARDEN 343 02 Promotion Select prosel Promotion Select Ck 134230 09113 07 Inv 13675 Line Item Date 09 1 1107 Inv 13675 Total Ck 134230 Total prosel Promotion Select Line Item Description Chan Fire carabiners Promotion Select 343 02 Line Item Account 101 1220 4375 490 08 490 08 490 08 490 08 490 08 Page 32 427 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Quality Control Integration quaIcon Quality Control Integration Ck 13423 I 09113 07 Iny 76 Line Item Date 08 29 07 Iny 76 Total Line Item Description Submersible leyel transducers Line Item Account 700 0000 4552 5 957 6 I 5 957 61 Ck 13423 I Total 5 957 61 qualeon Quality Control Integration 5 957 61 Quality Control Integration 5 957 61 Quality Flow Systems Ine QUAFLO Quality Flow Systems Ine Ck 134 I 5 I 091 0 07 Iny 18633 Line Item Date 07 26 07 Iny 18633 Total Line Item Description Siemens Control Panel and supplies Line Item Account 601 6015 4120 18 637 50 18 63750 Ck 134151 Total 18 637 50 QUAFLO Quality Flow Systems Ine 18 637 50 Quality Flow Systems Ine 18 637 50 QUILL CORPORATION quill QUILL CORPORATION Ck 134136 09 06 07 InY 9389302 Line Item Date Line Item Description 08 15 07 Paper staple removers clipboards InY 9389302 Total Line Item Account 101 1170 4110 39 26 39 26 Ck 134136 Total 39 26 Ck 134232 09113 07 Iny 9443277 Line Item Date Line Item Description 08 27 07 Copy paper Iny 9443277 Total Line Item Account 101 1170 4110 51 01 51 01 Iny 9518979 Line Item Date Line Item Description 08 29 07 Copy paper Iny 9518979 Total Line Item Account 101 1170 4110 99 68 99 68 InY 9599857 Line Item Date Line Item Description 08 3107 Copy paper calculator ribbons post its Iny 9599857 Total Line Item Account 101 1170 4110 115 56 11556 Ck 134232 Total 266 25 quill QUILL CORPORATION 305 51 Page 33 428 CITY OF CHANHAS User danieIle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 QUILL CORPORA nON Amount 305 51 RBM SERVICES INC rbmser RBM SERVICES INC Ck 134137 09 06 07 Inv 12408 Line Item Date 08 3107 Inv 12408 Total Line Item Description City Hall Public Safety nightly janitor Line Item Account 101 1170 4350 2 516 19 2 516 19 Inv 12409 Line Item Date 08 3107 Inv 12409 Total Line Item Description Library nightly janitorial Line Item Account 10 1 1190 4350 2 843 55 2 84355 Ck 134137 Total 5 359 74 rbmser RBM SERVICES INC 5 359 74 RBM SERVICES INC 5 359 74 RIDGEVIEW MEDICAL CENTER ridmed RIDGEVIEW MEDICAL CENTER Ck 134233 09 13 07 Inv 090707 Line Item Date 09 07 07 Inv 090707 Total Line Item Description Health consultations firefighters Line Item Account 101 1220 4300 125 00 125 00 Ck 134233 Total 125 00 ridmed RIDGEVIEW MEDICAL CENTER 125 00 RIDGEVIEW MEDICAL CENTER 125 00 SCHARBER SONS INC schson SCHARBER SONS INC Ck 134234 0913 07 Inv 383247 Line Item Date Line Item Description 081 3 07 Sensor Inv 383247 Total Line Item Account 101 1370 4120 57 51 57 51 Inv 384687 Line Item Date 09 04 07 Inv 384687 Total Line Item Description Springs Line Item Account 101 1550 4120 38 87 38 87 Ck 134234 Total 96 38 schson SCHARBER SONS INC 96 38 SCHARBER SONS INC 96 38 Page 34 429 CITY OF CHANHAS User danielle Seaya Diving Ine seadiv Seaya Diving Ine Ck 134235 091 3 07 Inv 090 107 Line Item Date 09 01 07 InY 090107 Total Ck 134235 Total seadiv Seaya Diving Ine SEH seh SEH Ck 134236 Iny 166145 Line Item Date 081 6 07 Iny 166145 Total Ck 134236 Total seh SEH Line Item Description Gauges pressure hoses Seaya Diying Ine 091 3 07 Line Item Description Optimizing plant performance SEH SHOREWOOD TRUE VALUE shotru SHOREWOOD TRUE VALUE Ck 134237 091 3 07 InY 80012 Line Item Date 08 07 07 Iny 80012 Total Iny 80216 Line Item Date 081 5 07 Iny 80216 Total Iny 80278 Line Item Date 081 7 07 Iny 80278 Total Iny 80408 Line Item Date 08 23 07 Iny 80408 Total Iny 80499 Line Item Date 08 29 07 Iny 80499 Total Iny 80503 Line Item Date 08 29 07 Line Item Description Iron fighter pellets Line Item Description Bulk hardware Line Item Description Roller frame aluminum pole Line Item Description Adapter PYC tube Line Item Description Iron fighter pellets plunger Line Item Description Tape Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Line Item Account 101 1220 4530 261 88 261 88 261 88 261 88 261 88 Line Item Account 700 0000 4300 2 607 14 2 607 14 2 607 14 2 607 14 2 607 14 Line Item Account 10 1 1190 4150 23 39 23 39 Line Item Account 101 1220 4150 3 73 3 73 Line Item Account 400 4135 4704 204 31 204 31 Line Item Account 101 1370 4530 6 11 6 1 I Line Item Account 101 1170 4510 37 22 37 22 Line Item Account 101 1220 4290 25 84 Page 35 430 CJTY OF CHANHAS User danielle Jny 80503 Total Ck 134237 Total shotru Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount 25 84 300 60 300 60 SHOREWOOD TRUE VALUE SHOREWOOD TRUE VALUE 300 60 SIGNSOURCE signso SIGNSOURCE Ck 134138 09 06 07 JnY 14177 Line Item Date Line Item Description 0817 07 Letters for Huffman Race banners Jny 14177 Total JnY 14188 Line Item Date 0817 07 Jny 14188 Total Ck 134138 Total signso SIGNSOURCE Line Item Description Actiye duty tags SIGNSOURCE Sioux Valley Environmental sioval Sioux Valley Environmental Ck 134238 0913 07 Jny 5359 Line Item Date 08 3107 Jny 5359 Total Ck 134238 Total sioyal Line Item Description SVENMJX plus Sioux Valley Environmental Sioux Valley Environmental SOUTHWEST SUBURBAN PUBLISHING sousub SOUTHWEST SUBURBAN PUBLISHING Ck 134239 0913 07 Jny aug07 Line Jtem Date 09 1107 09 1107 091 1 07 09 11 07 0911 07 0911 07 09 11 07 09 11 07 Jny aug07 Total Ck 134239 Total Line Item Description Display ads and legals Display ads and legals Display ads and legals Display ads and legals Display ads and legals Display ads and legals Display ads and legals Display ads and legals Line Item Account 101 1600 4130 53 25 53 25 Line Jtem Account 101 1220 4290 43 13 43 13 96 38 96 38 96 38 Line Item Account 700 7019 4530 3 408 00 3 408 00 3 408 00 3 408 00 3 408 00 Line Item Account 720 0000 4340 101 1120 4340 101 1510 4340 701 7015 4340 700 0000 4340 101 1410 4340 101 1110 4340 101 1534 4130 18 18 43 62 114 00 14540 222 30 506 90 836 58 1 373 25 3 260 23 3 260 23 Page 36 431 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 sousub SOUTHWEST SUBURBAN PUBLISHING Amount 3 260 23 SOUTHWEST SUBURBAN PUBLISHING 3 260 23 SPS COMPANIES INC spscom SPS COMPANIES INC Ck 134139 09 06 07 Inv S 1708567 00 I Line Item Date 08 23 07 Inv S 1708567 00 I Line Item Description cxc union Total Line Item Account 101 1220 4530 12 37 12 37 Ck 134139 Total 12 37 spscom SPS COMPANIES INC 12 37 SPS COMPANIES INC 12 37 STAR TRIBUNE statri STAR TRIBUNE Ck 134140 09 06 07 Inv AI0215469 Line Item Date Line Item Description 08 26 07 Engineering Tech III ad Inv AI0215469 Total Line Item Account 101 1310 4340 278 80 278 80 Ck 134140 Total 278 80 statri STAR TRIBUNE 278 80 STAR TRIBUNE 278 80 STEPP MANUFACTURING steman STEPP MANUFACTURING Ck 134240 091 3 07 Inv 35524 Line Item Date Line Item Description 08 30 07 Heater Inv 35524 Total Line Item Account 101 1320 4120 20146 20146 Ck 134240 Total 201 46 steman STEPP MANUFACTURING 201 46 STEPP MANUFACTURING 20146 STORO PENNY storpenn STORO PENNY Ck 134241 09113 07 Inv 2000783 002 Line Item Date Line Item Description 09 07 07 Refund dance Inv 2000783 002 Total Line Item Account 101 1534 3631 65 00 65 00 Ck 134241 Total 65 00 storpenn STORO PENNY 65 00 Page 37 432 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 091 4 07 09 48 STORO PENNY Amount 65 00 STREETER ASSOCIATES street STREETER ASSOCIATES Ck 134242 09 13 07 Inv erosionescrow Line Item Date Line Item Description 091 0107 Erosion escrow refund 7528 Erie Inv erosionescrow Total Line Item Account 815 8202 2024 500 00 500 00 Inv escrowrefund Line Item Date Line Item Description 091 0 07 Landscape escrow refund 7564 Erie Ave 091 0107 Erosion escrow refund 7564 Erie Ave Inv escrowrefund Total Line Item Account 815 8201 2024 815 8202 2024 750 00 1 000 00 1 750 00 Ck 134242 Total 2 250 00 street STREETER ASSOCIATES 2 250 00 STREETER ASSOCIATES 2 250 00 Superior Heating AC Elec I suphea Superior Heating AC Elec I Ck 134141 09 06 07 Inv 2007 02048 Line Item Date Line Item Description 08 29 07 Overpayment 461 Mission Hills Ct Inv 2007 02048 Total Line Item Account 101 1250 4901 3106 3106 Ck 134141 Total 31 06 suphea Superior Heating AC Elec I 3106 Superior Heating AC Elec I 3106 SW WC Service Cooperatives swwc SW WC Service Cooperatives Ck 134243 09113 07 Inv Oct 07 Line Item Date 09 07 07 09 07 07 09 07 07 09 07 07 09 07 07 09 07 07 Inv Oct 07 Total Line Item Description October health insurance premiums October health insurance premiums October health insurance premiums October health insurance premiums October health insurance premiums October health insurance premiums Line Item Account 210 0000 2012 101 0000 2012 720 0000 2012 701 0000 2012 700 0000 2012 101 0000 2012 568 25 80750 1 910 38 2 37130 3 592 80 34 556 77 43 807 00 Ck 134243 Total 43 807 00 swwc SWWC Service Cooperatives 43 807 00 SW WC Service Cooperatives 43 807 00 Page 38 433 CITY OF CHANHAS User danielIe Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount TJB Homes Ine tjbhom TJB Homes Ine Ck 134244 0913107 Iny erosion escrow Line Item Date Line Item Description 091 0 07 Erosion escrow refund 6450 Pipewood Cry 091 0 07 Erosion escrow refund 6491 Pipewood Cry Iny erosionescrow Total Line Item Account 815 8202 2024 815 8202 2024 500 00 500 00 1 000 00 Iny escrowrefunds Line Item Date Line Item Description 09 10 07 Erosion escrow refund 4091 Pipewood 09 10 07 Landscape escrow refund 4091 Pipewood Iny escrowrefunds Total Line Item Account 815 8202 2024 815 8201 2024 500 00 750 00 1 250 00 Ck 134244 Total 2 250 00 tjbhom TJB Homes Ine 2 250 00 TJB Homes Ine 2 250 00 TOWMASTER INC towmas TOWMASTER INC Ck 134142 09 06 07 Iny 95979 Line Item Date 08 21 07 Iny 95979 Total Line Item Description Tire Line Item Account 101 1320 4120 23641 23641 Ck 134142 Total 23641 tow mas TOWMASTER INC 236 41 TOWMASTER INC 23641 TRI DIM FILTER CORP tridim TRI DIM FILTER CORP Ck 134245 091 3 07 InY 699176 1 Line Item Date Line Item Description 08 08 07 4 ply panels 3 ply links Iny 699176 1 Total Line Item Account 101 1190 4530 62359 62359 Iny 699176 2 Line Item Date Line Item Description 08 08 07 4 ply panels 3 ply links Iny 699176 2 Total Line Item Account 101 1190 4530 2 156 23 2 156 23 Ck 134245 Total 2 779 82 tridim TR1 DIM FILTER CORP 2 779 82 TRI DIM FILTER CORP 2 779 82 Page 39 434 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Tru QuaIity Construction truqua Tru QuaIity Construction Ck 134246 09 13 07 Iny erosionescrow Line Item Date Line Item Description 09 10 07 Erosion escrow refund 9631 Foxford Rd 09 10 07 Erosion escrow refund 261 Eastwood Ct 091 0 07 Erosion escrow refund 9411 Foxford Rd 09 10 07 Erosion escrow refund 9430 Foxford Rd 091 0 07 Erosion escrow refund 9391 Foxford Rd Iny erosionescrow Total Line Item Account 815 8202 2024 815 8202 2024 815 8202 2024 815 8202 2024 815 8202 2024 250 00 250 00 250 00 500 00 500 00 1 750 00 Iny landscapeescrow Line Item Date Line Item Description 09 10 07 Landscape escrow refund 9430 Foxford Rd Iny landscapeescrow Total Line Item Account 815 8201 2024 500 00 500 00 Ck 134246 Total 2 250 00 truqua Tru QuaIity Construction 2 250 00 Tru QuaIity Construction 2 250 00 TWIN CITIES GAMING SUPPLIES twigam TWIN CITIES GAMING SUPPLIES Ck 134247 0913 07 Iny 72090020 Line Item Date Line Item Description 09 05 07 Bingo supplies Iny 72090020 Total Line Item Account 101 1560 4300 148 57 148 57 Ck 134247 Total 148 57 twigam TWIN CITIES GAMING SUPPLIES 148 57 TWIN CITIES GAMING SUPPLIES 148 57 UNITED WAY UNIW A Y UNITED WAY Ck 134249 0913 07 Iny Line Item Date 0911107 Iny Total Line Item Description PR Batch 414 9 2007 United Way Line Item Account 101 0000 2006 42 00 42 00 Ck 134249 Total 42 00 UNIW A Y UNITED WAY 42 00 UNITED WAY 42 00 US BANK usbank US BANK Ck 134143 09 06 07 Iny 1972395 Line Item Date Line Item Description 08 24 07 GO Bond 1999A Iny 1972395 Total Line Item Account 351 0000 4803 215 63 215 63 Page 40 435 CITY OF CHANHAS User danielle Ck 134143 Total usbank US BANK US TOY CO ustoy US TOY CO Ck 134250 0913 07 Inv 8139599701 Line Item Date 09 04 07 Inv 8139599701 Ck 134250 Total ustoy US TOY CO US BANK Line Item Description Firefighter helmets Total US TOY CO VERIZON WIRELESS verizo VERIZON WIRELESS Ck 134144 09 06 07 Inv 1748888450 Line Item Date Line Item Description 08 20 07 Telephone charges Inv 1748888450 Total Ck 134144 Total verizo VERIZON WIRELESS VERIZON WIRELESS Visu Sewer Clean Seal Ine vissew Visu Sewer Clean Seal Ine Ck 134145 09 06 07 Inv 6 Line Item Date 06 29 07 Inv 6 Total Ck 134145 Total vissew Line Item Description Professional services contract Visu Sewer Clean Seal Ine Visu Sewer Clean Seal Ine WACONIA DODGE waedod WACONIA DODGE Ck 134146 09 06 07 Inv 5221 Line Item Date 08 29 07 Inv 5221 Total Line Item Description Converter screws clamps Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount 215 63 215 63 215 63 Line Item Account 101 1220 4375 13644 13644 13644 13644 13644 Line Item Account 101 1220 4310 7 24 7 24 7 24 7 24 7 24 Line Item Account 701 7013 4751 25 696 32 25 696 32 25 696 32 25 696 32 25 696 32 Line Item Account 700 0000 4140 462 61 462 61 Page 41 436 CITY OF CHANHAS User danielle Inv 5241 Line Item Date 08 29 07 Inv 5241 Total Inv 5242 Line Item Date 08 29 07 Inv 5242 Total Ck 134146 Total Line Item Description Converter screws clamps return Line Item Description Converter screws clamps Ck 134251 091 3 07 Inv 107744 Line Item Date Line Item Description 09 06 07 Rotate tires Inv 107744 Total Ck 134251 Total wacdod WACONIA DODGE WACONIA DODGE WACONIA FARM SUPPLY wacfar WACONIA FARM SUPPLY Ck 134252 0913 07 Inv 61735 Line Item Date 08 28 07 Inv 61735 Total Inv 98019 Line Item Date 08 23 07 Inv 98019 Total Ck 134252 Total wacfar Line Item Description Ratchet system hygiene kit Line Item Description Bushings cast iron adaptor WACONIA FARM SUPPLY WACONIA FARM SUPPLY WASTE MANAGEMENT TC WEST WASMA2 WASTE MANAGEMENT TC WEST Ck 134253 0913 07 Inv 4210203 2282 0 Line Item Date Line Item Description 09 01107 Garbage removal 09 01 07 Garbage removal 09 01 07 Garbage removal 09 01107 Garbage removal 09 01107 Garbage removal 09 0 I 07 Garbage removal Inv 4210203 2282 0 Total Ck 134253 Total Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount Line Item Account 700 0000 4140 462 61 462 61 Line Item Account 700 0000 4140 359 88 359 88 359 88 Line Item Account 101 1250 4140 18 95 18 95 18 95 378 83 378 83 Line Item Account 101 1550 4120 106 32 106 32 Line Item Account 701 0000 4140 36 12 36 12 14244 142 44 142 44 Line Item Account 101 1220 4350 101 1220 4350 10 1 1190 4350 101 1370 4350 101 1170 4350 101 1550 4350 15 98 71 64 134 67 14744 173 10 736 96 1 279 79 1 279 79 Page 42 437 CITY OF CHANHAS User danielIe Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 WASMA2 WASTE MANAGEMENT TC WEST Amount 1 279 79 WASTE MANAGEMENT TC WEST 1 279 79 WAYTEK INC waytek WA YTEK INC Ck 134254 09 13 07 Iny 12885 I 9 Line Item Date Line Item Description 08 29 07 Cable ties seal connectors Iny 1288519 Total Line Item Account 101 I 220 4140 24130 24130 Ck 134254 Total 241 30 waytek WAYTEK INC 24130 WAYTEK INC 241 30 WINGFOOT COMMERCIAL TIRE wincom WINGFOOT COMMERCIAL TIRE Ck 134255 09 13 07 Iny 124 1041931 Line Item Date 09 04 07 InY 124 1041931 Line Item Description tires Total Line Item Account 101 1220 4140 352 80 352 80 Ck 134255 Total 352 80 wiocom WINGFOOT COMMERCIAL TIRE 352 80 WINGFOOT COMMERCIAL TIRE 352 80 WM MUELLER SONS INC wmmue WM MUELLER SONS INC Ck 134256 0913 07 Iny 135043 Line Item Date Line Item Description 08 02 07 Fine bit mix Iny 135043 Total Iny 135044 Line Item Date Line Item Description 08 02 07 Concrete Iny 135044 Total Line Item Account 101 1320 4150 4175 4175 Line Item Account 101 1320 4150 68 81 68 81 Line Item Account 101 1320 4150 488 50 48850 Line Item Account 101 1320 4150 1 090 53 1 090 53 Line Item Account 101 1550 4150 230 38 Page 43 Iny 135158 Line Item Date Line Item Description 08 06 07 Fine bit mix Iny 135158 Total Iny 135274 Line Item Date Line Item Description 08 08 07 Fine bit mix Iny 135274 Total loy 135275 Line Item Date Line Item Description 08 08 07 Boulders 438 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed 09I4 07 09 48 Iny 135275 Total Amount 230 38 Iny 135389 Line Item Date 08 09 07 Iny 135389 Total Line Item Description Fine bit mix Line Item Account 101 1320 4150 52742 52742 Iny 135446 Line Item Date 0813 07 Iny 135446 Total Line Item Description Fine bit mix Line Item Account 101 1550 4150 16459 16459 Iny 136249 Line Item Date 08 3107 08 3107 Iny 136249 Total Line Item Description Fine bit mix Fine bit mix Line Item Account 101 1550 4150 101 1320 4150 689 98 1 116 88 1 806 86 Ck 134256 Total 4 418 84 wmmue WM MUELLER SONS INC 4 418 84 WM MUELLER SONS INC 4 418 84 WW GRAINGER INC wwgra WW GRAINGER INC Ck 134147 09 06 07 InY 9439587347 Line Item Date Line Item Description 08 23 07 Strainer line InY 9439587347 Total Line Item Account 101 1220 4530 7 89 7 89 Ck 134147 Total 7 89 wwgra WW GRAINGER INC 7 89 WW GRAINGER INC 7 89 Wyffels Diane wyffdian Wyffels Diane Ck 134257 09 13 07 InY 4203 Line Item Date 09I2 07 Iny 4203 Total Line Item Description Return picnic deposit Line Item Account 101 0000 2026 200 00 200 00 Ck 134257 Total 200 00 wyffdian Wyffels Diane 200 00 Wyffels Diane 200 00 XCEL ENERGY INC xcel XCEL ENERGY INC Ck 134148 09 06 07 Iny 122631703 Line Item Date 08 22 07 Line Item Description Electricity charges Line Item Account 101 1350 4320 19 096 33 Page 44 439 CITY OF CHANHAS User danielle Iny 12263 I 703 Total Ck 134148 Total xeeI XCEL ENERGY INC XCEL ENERGY INC Accounts Payable Check Detail Report Detail Printed 0914 07 09 48 Amount 19 096 33 19 096 33 19 096 33 19 096 33 ZAHL PETROLEUM MAINTENANCE CO ZAHPET ZAHL PETROLEUM MAINTENANCE CO Ck 134258 09113 07 InY 142107 Line Item Date 08 2 I07 Iny 142107 Total Ck 134258 Total ZAHPET Line Item Description Repairs to Pump 2 Line Item Account 101 1370 4530 1 178 71 1 178 71 1 178 71 1 178 71 ZAHL PETROLEUM MAINTENANCE CO ZAHL PETROLEUM MAINTENANCE CO 1 178 71 Total 477 670 15 Page 45 440