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
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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
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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
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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
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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
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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
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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
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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 the sites the final location will be determined
6
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E
Cancellation of October 8 2007CityCouncilMeeting
thDuetoalackofitemstheOctober8 City Councilmeetinghas beenndcancelledWewillresumeourregularscheduleonMondayOctober22
23
CHANHASSEN CITY COUNCIL
WORK SESSION
SEPTEMBER 10, 2007
Mayor Furlong called the meeting to order at 5:45 p.m..
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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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?
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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.
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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
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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.
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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.
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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
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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…
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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..
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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:
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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
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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
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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
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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.
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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.
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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.
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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?
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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?
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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
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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
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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.
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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
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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
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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.
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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.
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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?
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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?
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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%.
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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.
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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?
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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
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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0
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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
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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
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Lake JSa1
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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
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184
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
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Fax 952 227 1110
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Phone 952 227 1140
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Phone 952 227 1120
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Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
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Phone 952227 1130
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Phone 952 227 1300
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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