CC Packet 2007 07 23AGENDA
CHANHASSEN CITY COUNCIL
MONDAY, JULY 23, 2007
CHANHASSEN CITY HALL, 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. Council Invitation to National Night Out, August 7 (verbal).
B. Lodging Tax Update.
C. 2006 Audit Results, HLB Tautges Redpath.
C-1. Tier I Draft Environmental Impact Statement, TH 41 Minnesota River Crossing.
7:00 P.M. – REGULAR MEETING, CITY COUNCIL CHAMBERS
CALL TO ORDER (Pledge of Allegiance)
PUBLIC ANNOUNCEMENTS
D. Invitation to National Night Out, August 7.
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 July 9, 2007
- City Council Summary Minutes dated July 9, 2007
- City Council Verbatim Minutes dated July 9, 2007
Receive Commission Minutes:
- Park & Recreation Commission Summary Minutes dated June 26, 2007
- Park & Recreation Commission Verbatim Minutes dated June 26, 2007
b. Award of Bids, Lake Ann Park Picnic Shelter & Ball Field Lighting.
c. Expansion of Liquor License Premises to Include an Outdoor Patio, Na’s Thai
Café. 566 West 78th Street.
d. Approval of Debt Policy.
e. Approval of Amendment to City Code Chapter 4 re: Establishing a Hook-Up Fee
and Amending the Connection Fee.
f. Approval of 2007 Transfer of Excess Fund Balance in the General Fund.
g. Lift Station No. 3 Project No. 07-03: Approve Plans & Specifications; Authorize
Advertisement for Bids.
h. Approval of Well No. 2 Emergency Repairs, PW034.
VISITOR PRESENTATIONS
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE
2. a. Sgt. Pete Anderly, Carver County Sheriff’s Department
b. Chief Gregg Geske, Chanhassen Fire Department
PUBLIC HEARINGS
3. Consider Issuance of Conduit Debt, St. Hubert Catholic Community; Resolution
Approving the Allowance for the Issuance.
4. Consider Appeals of Wetland Exemption Determinations, Located at the Southwest
Corner of Lyman Boulevard and Powers Boulevard, Jeff Fox and Richard Dorsey.
UNFINISHED BUSINESS - None
NEW BUSINESS - None
COUNCIL PRESENTATIONS
ADMINISTRATIVE PRESENTATIONS
CORRESPONDENCE DISCUSSION
ADJOURNMENT
A copy of the staff report and supporting documentation being sent to the city council will be
available after 2:00 p.m. on Thursday. Please contact city hall at 952-227-1100 to verify that
your item has not been deleted from the agenda any time after 2:00 p.m. on Thursday.
GUIDELINES FOR VISITOR PRESENTATIONS
Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City
Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at
every regular City Council meeting during Visitor Presentations.
1. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor.
When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City
Council as a whole, not to any specific member(s) or to any person who is not a member of the City
Council.
2. If there are a number of individuals present to speak on the same topic, please designate a spokesperson
that can summarize the issue.
3. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If
you have written comments, provide a copy to the Council.
4. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion.
Council members or the City Manager may ask questions of you in order to gain a thorough understanding
of your concern, suggestion or request.
5. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual
either by name or inference, will not be allowed. Personnel concerns should be directed to the City
Manager.
Members of the City Council and some staff members may gather at Houlihan’s Restaurant & Bar, 530 Pond Promenade in Chanhassen
immediately after the meeting for a purely social event. All members of the public are welcome.
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952227 1110
Building Inspections
Phone 952227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952227 1170
Finance
Phone 952 227 1140
Fax 952227 1110
Park Recreation
Phone 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 SUe
www ci chanhassen mn us
B
To Todd Gerhardt City Manager
Laurie Hokkanen Assistant City Manager LFrom
Date July 18 2007
Re Lodging Tax
Representatives from the Chanhassen Area Chamber of Commerce will attend
the work session to discuss the proposed Lodging Tax In addition to Linda
Walton Chamber President representatives from other area agencies will be
discussing their experiences Attachments will be forwarded to you when
they become available
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 play4
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 952227 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 952227 1110
Web Site
WIIW ci chan hassen m n us
j
MEMORANDUM
TO Mayor
City Council Members
Greg Sticha Finance Director Gl7
July 23 2007 fJ
Review of 2006 Audit
FROM
DA TE
SUBJ
The Finance Department just finished another audit cycle Dave Mol the audit
partner from HLB Tautges Redpath will be here on Monday evening to review the
financial results and audit findings of the 2006 audit
BACKGROUND
The statements are once again presented with information that takes into account
the city s entire financial picture in a format similar to a proprietary or a for profit
organization including a statement of activities which breaks out the primary
government and proprietary revenues and expenses by function type
For 2006 the General Fund had revenues in excess of expenditures of 620 705
This surplus was the result of a couple revenue items exceeding budget in 2006
including Traffic and Ordinance Violations 85 000 and building permits
165 000 We also had a one time revenue generation from the taking of some
SAC credits related to the demolition of the Lakeview Hills Apartment complex
70 000 In addition the city s various departments under spent their budgeted
expenditures by 120 000 The remaining increase was from a number of smaller
revenue items that exceeded budget in 2006
The presentation by HLB Tautges Redpath will also include a review of the City s
enterprise operations The Sanitary Sewer Operation did see a slight loss in
operating activity income We will discuss this item in the work session
AUDIT FINDINGS
There are three reports that HLB Tautges Redpath completes for the City The
first is the Independent Auditor s Report on Compliance with Minnesota Legal
Compliance Guide for Local Government This report is submitted to the Office
of the State Auditor along with the annual report There were no findings in this
report for 2006
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 play5
Review of 2006 Audit
July 23 2007
Page 2 of2
The second report is the Independent Auditor s Report on Compliance and on
Internal Control over Financial Reporting This report lists conditions that could
affect our ability to properly record and report transactions These conditions do
not rise to the level of a material weakness in our controls but should be corrected
to help ensure that procedures are properly followed
There were three items noted in this report We will discuss each of these items at
the work session as well as give council an update on how they already have or
will be resolved
The third report is the audit management letter This is a longer description of
summary information that highlights comparisons and trends for financial results
This also reviews city policies procedures and systems and outside factors that
may affect the city s financial operations This is something that HLB Tautges
Redpath does outside of the scope of audit requirements There were no
substantial or material findings in this report
Mr Mol will explain this information and will be happy to respond to your
questions on Monday along with me
ATTACHMENTS
1 Consolidated Annual Financial Report CAFR
2 Report on Compliance with Minnesota Legal Compliance Guide
3 Report on Compliance and on Internal Control
4 Audit Management Letter
6
III Tautges Redpath Ltd
Certified Public Accountants and Consultants
AUDIT MANAGEMENT LETTER
To the Honorable Mayor and
Members of the City Council
City of Chanhassen Minnesota
We have audited the financial statements of the City of Chanhassen Minnesota for the year
ended December 31 2006 and have issued our report thereon dated June 14 2007 Professional
standards require that we provide you with the following information related to our audit
REQUIRED COMMUNICATIONS
Our Responsibility under U S Generally Accepted Auditing Standards
As stated in our engagement letter dated October 2 2006 our responsibility as described
by professional standards is to plan and perform our audit to obtain reasonable but not absolute
assurance that the financial statements are free of material misstatement and are fairly presented
in accordance with us generally accepted accounting principles Because an audit is designed
to provide reasonable but not absolute assurance and because we did not perform a detailed
examination of all transactions there is a risk that material misstatements may exist and not be
detected by us
As part of our audit we considered the internal control of the City of Chanhassen
Minnesota Such considerations were solely for the purpose of determining our audit procedures
and not to provide any assurance concerning such internal control
As part of obtaining reasonable assurance about whether the financial statements are free of
material misstatements we performed tests of the City of Chanhassen Minnesota s compliance
with certain provisions of laws regulations contracts and grants However the objective of our
tests was not to provide an opinion on compliance with such provisions
Significant Accounting Policies
Management is responsible for the selection and use of appropriate accounting policies In
accordance with the terms of our engagement letter we will advise management about the
appropriateness of accounting policies and their application The significant accounting policies
used by the City of Chanhassen Minnesota are described in Note 1 to the financial statements
For 2006 the City adopted GASB Statement No 44 related to the statistical section of the
financial statements We noted no transactions entered into by the City of Chanhassen
4810 White Bear Parkway White Bear Lake Minnesota 55110 I 651 4267000
HLB Tautges Redpath ltd is a member of IIIlnternational a world wide organization of accounting firms and business advisors
651 426 5004 Fax I www hlbtr com
7
Audit Management Letter
City of Chanhassen Minnesota
Page 2
REQUIRED COMMUNICATIONS
Minnesota during the year that were both significant and unusual and of which under
professional standards we are required to inform you or transactions for which there is a lack of
authoritative guidance or consensus
Accounting Estimates
Accounting estimates are an integral part of the financial statements prepared by
management and are based on management s knowledge and experience about past and current
events and assumptions about future events Certain accounting estimates are particularly
sensitive because of their significance to the financial statements and because of the possibility
that future events affecting them may differ significantly from those expected The most
sensitive estimate affecting the financial statements were management s estimates of
depreciation and fair value of investments which are based on estimated useful lives and broker
statements We evaluated the key factors and assumptions used to develop the depreciation and
fair value of investments in determining that they are reasonable in relation to the financial
statements taken as a whole
Audit Adjustments
For purposes of this letter professional standards define an audit adjustment as a proposed
correction of the financial statements that in our judgment may not have been detected except
through our auditing procedures An audit adjustment mayor may not indicate matters that could
have a significant effect on the City of Chanhassen Minnesota s financial reporting process that
is cause future financial statements to be materially misstated We proposed and management
recorded adjustments relating to capital assets contracts payable and the allocation of property
tax revenue
In addition we identified uncorrected misstatements of the financial statements which were
communicated to management in a separate letter Management has determined that their effects
are immaterial both individually and in the aggregate to the financial statements taken as a
whole
Disagreements with Management
For purposes of this letter professional standards define a disagreement with management
as a matter whether or not resolved to our satisfaction concerning a financial accounting
reporting or auditing matter that could be significant to the financial statements or the auditor s
report We are pleased to report that no such disagreements arose during the course of our audit
8
Audit Management Letter
City of Chanhassen Minnesota
Page 3
REQUIRED COMMUNICATIONS
Consultations with Other Independent Accountants
In some cases management may decide to consult with other accountants about auditing
and accounting matters similar to obtaining a second opinion on certain situations If a
consultation involves application of an accounting principle to the governmental unit s financial
statements or a determination of the type of auditor s opinion that may be expressed on those
statements our professional standards require the consulting accountant to check with us to
determine that the consultant has all the relevant facts To our knowledge there were no such
consultations with other accountants
Issues Discussed Prior to Retention of Independent Auditors
We generally discuss a variety of matters including the application of accounting
principles and auditing standards with management each year prior to retention as the City of
Chanhassen Minnesota s auditors However these discussions occurred in the normal course of
our professional relationship and our responses were not a condition to our retention
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing our
audit
9
Audit Management Letter
City of Chanhassen Minnesota
Page 4
RECENTLY ISSUED ACCOUNTING STANDARDS
The Governmental Accounting Standards Boards GASB recently approved the following
statements which were not implemented for these financial statements
Statement No 45 Accounting and Financial Reporting by Employers for Post Employment
Benefits Other Than Pension Plans The components of employee compensation not only
include wages healthcare benefits and pension benefits but also include other
postemployment benefits OPEB OPEBs include postemployment healthcare benefits and
other postemployment benefits such as life insurance and long term disability Under current
practice the common method of accounting for the cost of OPEBs is on a pay as you go
basis With the implementation of GASB No 45 OPEB costs are recognized on financial
statements when they are earned not when they are paid The provisions of this statement
are effective for the City s 2008 CAFR
Statement No 48 Sales and Pledges of Receivables and Future Revenues and Intra Entity
Transfers of Assets and Future Revenues Provisions of this Statement are effective for
periods beginning after December 15 2006
Statement No 49 Accounting and Financial Reporting for Pollution Remediation
Obligations The provisions of this Statement are effective for periods beginning after
December 15 2007
10
Audit Management Letter
City of Chanhassen Minnesota
Page 5
Closing
This information is intended solely for the use of the City of Chanhassen Minnesota s City
Council and management of and is not intended to be and should not be used by anyone other
than these specified parties
r c1
HLB TAUTGES REDPATH LTD
White Bear Lake Minnesota
June 14 2007
11
l1li Tautges Redpath Ltd
Certified Public Accountants and Consultants
REPORT ON COMPLIANCE WITH MINNESOTA
LEGAL COMPLIANCE AUDIT GUIDE FOR LOCAL GOVERNMENT
To the Honorable Mayor and
Members of the City Council
City of Chanhassen Minnesota
We have audited the financial statements of the City of Chanhassen Minnesota as of and for
the year ended December 31 2006 and have issued our report thereon dated June 14 2007
We conducted our audit in accordance with auditing standards generally accepted in the
United States of America and the provisions of the Minnesota Legal Compliance Audit Guide
for Local Government promulgated by the State Auditor pursuant to Minnesota Statutes
Section 6 65 Accordingly the audit included such tests of the accounting records and such
other auditing procedures as we considered necessary in the circumstances
The Minnesota Legal Compliance Audit Guide for Local Government covers seven
categories of compliance to be tested contracting and bidding deposits and investments
conflicts of interest public indebtedness claims and disbursements miscellaneous
provisions and tax increment financing Our study included all of the listed categories
The results of our tests indicate that for the items tested the City of Chanhassen Minnesota
complied with the material terms and conditions of applicable legal provisions
This report is intended solely for the information and use of the City of Chanhassen
Minnesota s City council and management and is not intended to be and should not be used
by anyone other than these specified parties
tf I
t L
HLB TAUTGES REDPATH LTD
White Bear Lake Minnesota
June 14 2007
4810 White Bear Parkway White Bear Lake Minnesota 55110 I 651 4267000 651 4265004 Fax I www hlbtr com
HLBTautges Redpath Ltd is a member of nm International aworld wide organization of accounting firms and business advisors
12
III Tautges Redpath Ltd
Certified Public Accountants and Consultants
REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING
AND ON COMPLIANCE AND OTHER MA TIERS BASED ON AN
AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and
Members of the City Council
City of Chanhassen Minnesota
We have audited the financial statements of the governmental activities the business type
activities each major fund and the aggregate remaining fund information of the City of
Chanhassen Minnesota as of and for the year ended December 31 2006 which collectively
comprise the City of Chanhassen Minnesota s basic financial statements and have issued
our report thereon dated June 14 2007 We conducted our audit in accordance with auditing
standards generally accepted in the United States of America and the standards applicable to
financial audits contained in Government Auditing Standards issued by the Comptroller
General of the United States
Internal Control Over Financial Reporting
In planning and performing our audit we considered the City of Chanhassen Minnesota s
internal control over financial reporting as a basis for designing our auditing procedures for
the purpose of expressing our opinions on the financial statements but not for the purpose of
expressing an opinion on the effectiveness of the City of Chanhassen Minnesota s internal
control over financial reporting Accordingly we do not express an opinion of the
effectiveness of the City of Chanhassen Minnesota s internal control over financial
reporting
Our consideration of internal control over financial reporting was for the limited purpose
described in the preceding paragraph and would not necessarily identify all deficiencies in
internal control over financial reporting that might be significant deficiencies or material
weaknesses However as discussed below we identified certain deficiencies in internal
control over financial reporting that we consider to be significant deficiencies
A control deficiency exists when the design or operation of a control does not allow
management or employees in the normal course of performing their assigned functions to
prevent or detect misstatements on a timely basis A significant deficiency is a control
deficiency or combination of control deficiencies that adversely affects the entity s ability to
4810 White Bear Parkway White Bear Lake Minnesota 55110 I 651 4267000 651 426 5004 Fax I www hlbtrcom
HLB Tautges Redpath ltd is a member of mn International a world wide organization of accounting firms and business advisors
13
Report on Internal Control Over Financial Reporting
and on Compliance and Other Matters
Page 2
initiate authorize record process or report financial data reliably in accordance with
generally accepted accounting principles such that there is more than a remote likelihood that
a misstatement of the entity s financial statements that is more than inconsequential will not
be prevented or detected by the entity s internal control over financial reporting We consider
the deficiencies described in the accompanying schedule of findings and responses as items
2006 1 through 2006 3 to be significant deficiencies in internal control over financial
reporting
A material weakness is a significant deficiency or combination of significant deficiencies
that results in more than a remote likelihood that a material misstatement of the financial
statements will not be prevented or detected by the entity s internal control
Our consideration of the internal control over financial reporting was for the limited purpose
described in the first paragraph of this section and would not necessarily identify all
deficiencies in the internal control that might be significant deficiencies and accordingly
would not necessarily disclose all significant deficiencies that are also considered to be
material weaknesses However we believe that none of the significant deficiencies described
above are material weaknesses
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City of Chanhassen
Minnesota s financial statements are free of material misstatement we performed tests of its
compliance with certain provisions of laws regulations contracts and grant agreements
noncompliance with which could have a direct and material effect on the determination of
financial statement amounts However providing an opinion on compliance with those
provisions was not an objective of our audit and accordingly we do not express such an
opinion The results of our tests disclosed no instances of noncompliance or other matters
that are required to be reported under Government Auditing Standards
We also noted certain additional matters that we reported to management of the City of
Chanhassen Minnesota in a separate letter dated June 14 2007
The City of Chanhassen Minnesota s responses to the findings identified in our audit are
described in the accompanying schedule of findings and responses We did not audit the City
of Chanhassen Minnesota s response and accordingly we express no opinion on it
14
Report on Internal Control Over Financial Reporting
and on Compliance and Other Matters
Page 3
This report is intended solely for the information and use of the City of Chanhassen
Minnesota s City Council and management and is not intended to be and should not be used
by anyone other than these specified parties
It 06
HLB TAUTGES REDPATH LTD
White Bear Lake Minnesota
June 14 2007
15
Report on Internal Control Over Financial Reporting
and on Compliance and Other Matters
Page 4
2006 1 Financial Statement Preparation
Criteria Management is responsible for establishing and maintaining effective internal
controls These controls include the responsibility for preparation or oversight of the
preparation of the financial statements in accordance with generally accepted accounting
principles
Condition During this year of audit Statement on Auditing Standards SAS No 112
became effective Basically the main intent of SAS 112 is to have auditors report in
writing more findings involving internal control SAS 112 specifies that an organization
may not rely exclusively on its auditors to perform the financial statement process In our
viewpoint SAS 112 will result in many if not most small to mid size organizations
receiving a finding regarding financial statement preparation
Like many similarly sized organizations the City has requested assistance from us the
auditors with drafting financial statements and related notes This is a common practice
and an allowable nonaudit service under the AICPA Ethics Interpretation 101 3
However other than relying on the auditors the City staff does not perform sufficient
procedures to detect if there were misstatements or omission of disclosures to the
financial statements
Cause The City has not established procedures to detect misstatements or omissions of
disclosures in the draft financial statements prepared by the auditors
Effect By not having such controls there is an increased risk that errors or omissions in
draft financial statements prepared by the auditors would not be detected by City
management
Recommendation We recommend the City review this matter and determine a course of
action Any change would need to be viewed from a costbenefit perspective Options
for the City include
1 Remain aware of the situation however due to the increased cost make the choice
to make no changes to current procedures
2 Implement internal procedures as determined practical Such procedures could
include
a Complete a disclosure checklist to ensure propriety and completeness of
disclosures
16
Report on Internal Control Over Financial Reporting
and on Compliance and Other Matters
Page 5
b Trace various trial balance accounts to the draft financial statements to ensure
all accounts are included in the financial statements
c Review GASB 34 conversion entries to ensure that the draft government wide
financial statements are free of misstatement
3 Hiring additional internal or 3rd party resources to assist with the financial
statement process
Management Response The City is aware of SAS 112 but a costlbenefit analysis of the
issue does not support the allocation of additional employees The city is going to
implement option 2 of the recommendation s listed for the 2007 audit which should
eliminate the comment in future years These additional procedures will not be a burden
to staff and will not result in additional costs to the city
17
Report on Internal Control Over Financial Reporting
and on Compliance and Other Matters
Page 6
2006 2 Financial Statement Corrections
Criteria SAS 112 specifies that a correction of any magnitude that could occur and not be
detected by the City s controls be considered a significant deficiency in internal control
Condition During the course of our audit audit staff detected corrections relating to capital
assets contracts payable and the allocation of property tax revenue
Cause In our viewpoint the guidance provided by SAS 112 regarding financial statement
corrections combined with the complexity of governmental accounting will result in most
local governments receiving a finding in this regard
Effect There is an increased risk that financial statement misstatements may occur
Recommendation We recommend City staff continue to attempt to appropriately record
these types of transactions We acknowledge City staff have made significant improvements
in these areas over the past few years
Views of Responsible Officials and Corrective Action Plan It is the intent of the City s staff
to minimize the number of audit adjustments needed each year As explained in the cause
section of the audit comment due to the complexity of some governmental accounting issues
it is unlikely that the city will never have one recommended audit adjustment in any
particular year The number of audit adjustments needed in the 2006 audit was substantially
less than the 2005 audit and staff will strive to continue this trend in future years
18
T I I III
Report on Internal Control Over Financial Reporting
and on Compliance and Other Matters
Page 7
2006 3 Escrow Deposits Payable
Criteria The status of a project for which an escrow deposit has been collected should be
known so that deposits can be returned on a timely basis
Condition The City is holding 946 514 of escrow deposits in its Agency Funds as of
December 31 2006 Of this amount approximately 294 000 was collected by the City
during 2003 or years prior
Cause Although a specific cause is not known for each escrow at this time generally old
escrow deposits have remained recorded as payables because the developer owner has not
requested the City return the deposit or the project is still ongoing
Effect As time goes on it becomes increasingly difficult to contact the party who paid the
escrow and return the deposit
Recommendation We recommend City staff clean up escrow deposits that have been held
for longer than a certain period of time such as three years This can be done by reviewing
the status of each project and determining if the escrow should be returned
Views of Responsible Officials and Corrective Action Plan In the past couple years the
finance department staff has made great efforts to identify all escrow deposits with the proper
owner In 2006 that goal was accomplished and it was noted that a number of the deposits
are from years prior to 2003 With the help of the City s Engineering and Community
Development department s staff has already begun a process to identify and contact these
escrow owners to determine if the deposits can be released It is our hope that by the end of
2007 the majority of these deposits are returned to their owners if the work has been
completed as required
19
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 952227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
1
MEMORANDUM
TO Todd Gerhardt City Manager L
Bob Generous Senior Planner
Paul Oehme City Engineer1 l
CJ r2 7
July 23 2007 J Y
FROM
DATE
SUBJ Tier I Draft Environmental Impact Statement
TH 41 Minnesota River Crossing
BACKGROUND
The study was prepared in response to a need for a new river crossing connect t11
between US 169 in Scott County and new US 212 currently under construction in
Carver County The City agrees that there is a need for a new river crossing The no
build alternative is not a realistic option
The current study process began in 2002 The scoping decisions for the
environmental reviews were made in February 2005 and revised in February 2006
The Tier I Draft Environmental Impact Statement for TH 41 Minnesota River
Crossing DEIS review and comment period ends on August 10 2007 The end
result of the DEIS is to identify a preferred alignment for the new river crossing In
the future a Tier II Environmental Impact Statement will be prepared to evaluate and
select a design for the river crossing
A copy of the complete report is available on line at
http proiects dot state mn us srf 041 reportindex h tml
DISCUSSION
Comments on DEIS
Section 1 7 page 1 10 The document should identify that the alignment should also
be included as part of the Metropolitan Council s future highway system so that it
would be eligible for Right of way Acquisition Loan RALF funds which may be
used for the purchase of property within the right of way of a state trunk highway
shown on an official map adopted pursuant to section 394 361 or 462 359 Minnesota
Statutes or for the purchase of property within the proposed right of way of a
principal or intermediate arterial highway designated by the council as a part of the
metropolitan highway system plan and approved by the council pursuant to section
473 166 Minnesota Statutes
The City 01 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 play
Mr Todd Gerhardt
TH 41 River Crossing
July 23 2007
Page 2
Section 2 2 1 1 Table 2 1 page 2 3 The City of Chanhassen does not agree that
Chanhassen s population will be 45 900 in 2040 The Metropolitan Council s 2030
population projection for Chanhassen is 38 000 We believe that number is also high
Section 2 2 4 2 2 page 2 18 Light rail transit opportunities are also provided within
the new US 212 corridor Commuter rail is being studied using the Twin City and
Western rail corridor
Section 2 24 3 3 City of Chanhassen page 2 20 The discussion should also add
the need for improvement of the existing Highway 101 facility from TH 212 to
Shakopee river crossing To help improve the river crossing in the short term this
corridor should be improved
Section 4 7 3 page 4 24 Light rail transit opportunities are also provided within the
new US 212 corridor Commuter rail is being studied using the Twin City and
Western rail corridor
Section 5 1 1 1 Table 5 1 page 5 2 The City of Chanhassen does not agree that
Chanhassen s population will be 45 900 in 2040 The Metropolitan Council s 2030
population projection for Chanhassen is 38 000 We believe this number is also high
Preferred Alignment
The preferred alignment should be both a cost effective solution and minimize social
economic and environmental impacts In order to arrive at a preferred alignment
staff proposes that the alignments be ranked based on the following criteria
1 Benefit Cost Ratio
2 Environmental Justice
3 Residential Units needed to be acquired
4 Residents need to be acquired
5 Business and employees impacted
6 Vegetation impacts composite of ranked impacts
7 Wetland Impacts
W2 C2 C2A El EIA E2
BenefitCost Ratio 1 2 3 6 5 4
Residential Units Acquired 1 2 3 6 4 5
Environmental Justice 1 2 3 5 4 6
Business Impacted 3 5 6 1 4 2
Employees Impacted 4 2 5 3 6 1
Vegetative Impacts
composite rank 4 2 6 1 3 5
Wetland Impacts 3 2 6 1 4 5
Total 17 17 32 23 30 28
G PLAN BG TH 41 River CrossingEIS comments 7 24 07 DEIS comment memo doc
Mr Todd Gerhardt
TH 41 River Crossing
July 23 2007
Page 3
In preparing these rankings No 1 represented the best alternative while a No 6
represented the worst alternative The lowest total score represents the best alignment
for the river crossing
RECOMMENDATION
Staff recommends that City Council authorize staff to prepare and submit a comment
letter on the DEIS consistent with the comments outlined above prior to the
August 10 2007 deadline
ATTACHMENTS
1 Map depicting alignment alternatives
2 Impact Summary Table 1 4
3 Tier I Environmental Impact Statement Process
4 Letter from City of Chaska dated July 2 2007
G PLAN BG TH 41 River Crossing EIS comments 7 24 07 DEIS comment memo doc
I
eBJn6I
UOIlBlJodSUBJlolUaWlJBdaaBlosauulW
09800IdS
luawalBlSledwllelUaWUOJIU3ljBJa
ENISSO31VIOS3NNIWvAVMHEIHlNnl
S3Hnltf31A31HlMS3AltfNH317tf07nB
S3I33dS3IlISN3S
SlounSIO3UIOlSIH
lN3n39YNyn3nlOllHNOcIY3HVNOIl3310HdN3icI
Y3HYNOIIY3H33HA3llYYIOS3NNUcI
39nHH3iI101I1lYNA3llYYIOS3NNIncI
nL9Ii33Sf03ZI1YH3th9N3JAHYNI3S
ISNIYldOO01icJ
ONYlHNOlYH3N39
ISONYll3IINcJ
lS3HOJNIYld0001JcJ
eeJeI009
I
ooo0ooo
I
L
I
t
Q
3
c
6
lJ
g
Ll
TABLE 1 4
IMPACT SUMMARY
Alternatives
No Build W 2 C 2 C 2A E l E IA E 2
N A Roadway length 3 1 miles Roadway length 3 9 miles Roadway length 3 0 miles Roadway length 3 1 miles Roadway length 3 6 miles Roadway length 3 2 miles
Bridge length 10 550 feet Bridge length 9 550 feet Bridge length 9 350 feet Bridge length Bridge length 13 500 feet Bridge length 12 000 feet
DESCRIPTION No of piers 86 No of piers 80 No of piers 76 10 800 feet low profile No of piers 112 No of piers 98
11 300 feet high profile
No of piers 94
TRANSPORTATION AND FISCAL IMPACTS
Capacity Improvement and Relief to Other River Crossings
New TH41 Avera e Daily Traffic ADT 2040 N A 45 000 48 000 43 000 56 000 56 000 59 000
Other River Crossings ADT 2040
CSAH 9 45 25 100 19 200 21 600 21 300 20 800 21 300 21 300
TH 41 36 500 24 700 22 000 24 800 23 800 25 100 24 200
Highway 101 34 000 30 400 30 000 29 900 24 800 24 300 23 300
US 169 141 000 135 000 135 000 135 000 131 000 129 000 129 000
1 35W 133 000 133 000 133 000 133 000 132 000 132 000 132 000
Hours of Congestion 2040
Existing TH 41 north of existing US 212 0 0 0 0 0 0 0
Existing TH 41 river crossing 10 3 2 3 2 3 2
Existing Highway 101 river crossing 10 7 7 7 6 6 5
Regional Efficiency 2040
VMT difference from No Build N A 310 000 314 000 354 000 309 000 285 000 292 000
VHT difference from No Build N A 3 900 3 500 3 100 3 600 4 000 4 000
Safety
Crashes 2040
Freeway 996 1 058 1 052 1 058 1 052 1 055 1 053
Non Freeway 9 430 9 433 9 460 9 468 9 435 9 444 9 438
Downtown Chaska 35 24 22 24 23 24 23
Other Grade separated rail crossings increase safety and decrease number of stops for transports carrying hazardous flammable materials
Substantial improvements in emergency response times especially during flood conditions
Reduced potential for vehicle bic cle or vehicle pedestrian conflicts
Trucks per day of ADT 2040
NewTH41 N A 2 360 5 2 350 5 2 210 5 3 650 7 4 130 7 4 040 7
Existing TH 41 2 700 7 900 4 700 3 800 3 700 3 700 3 700 3
Highway 101 1 400 4 1 500 5 1 500 5 1 300 4 1 300 5 1 300 5 1 000 4
US 169 8 900 6 8 700 6 8 700 6 9 100 7 8 300 6 8 200 6 8 100 6
Fiscal
Cost in 2005 dollars rounded to 10M
Construction higher figure risk assessed for 335 390M 305 355M 345 405M 375 460M Low Profile 410 490M 370 440M Low Profile
factors including mitigation 395 485M High Profile 375 450M High Profile
Right of way N A 55 80M 75 105M 65 90M 100 135M 55 75M 60 80M
Total 390 470M 380 460M 410 495M 475 495M Low Profile 465 565M 430 520M Low Profile
495 620M High Profile 435 530M High Profile
BenefitCost Ratio N A 3 43 3 39 3 29 2 33 2 72 2 84
SOCIAL ECONOMIC AND ENVIRONMENTAL IMPACTS
Right of way 258 acres 320 acres 301 acres 360 acres 214 acres 194 acres
44 affected parcels 59 affected parcels 133 affected parcels 204 affected parcels 84 affected parcels 34 affected parcels
7 residential 15 residential 69 residential 144 residential 35 residential 42 residential
N A 1 7 agricultural 15 agricultural 17 agricultural 11 agricultural 10 agricultural 9 agricultural
7 industrial commercial 15 industrial commercial 16 industrial commercial 6 industrial commercial 13 industrial commercial 56 industrial commercial
9 public 11 public 16 public 39 public 25 public 24 public
4 other 3 other 15 other 4 other 1 other 1 other
Residential Units Needed to be Acquired l 13 29 78 261 136 210
Business employees N A 6 businesses 11 businesses 12 businesses 3 businesses 7 businesses 5 businesses
125 employees 114 employees 134 employees 115 employees 264 employees 99 employees
Fiscal
Annual tax loss Scott County 25 150 162 200 166 750 25 000 33 700 44 200
Annual tax loss Carver County 15 350 17 450 45 900 45 900 84 350 32 150
I Includes SIngle famIly homes townhomes and mobIle home unIts Does notInclude farm houses Note Agncultural parcels Include seven propertIes that WIll be classIfied as reSIdentIal before the antICIpated buIld year
TH 41 Minnesota River Crossing
Draft Environmental Impact Statement
1 19 June 2007
TABLE 1 4 continued
IMPACT SUMMARY
Alternatives
No Build W 2 C 2 C 2A E l E IA E 2
SOCIAL ECONOMIC AND ENVIRONMENTAL IMPACTS
Environmental Justice N A No disproportionate impacts 18 households 38 households Up to 126 households Up to 113 households Mobile Up to 182 households Mobile
Jackson Heights Jackson Heights Mobile Manor Bonnevista Manor Bonnevista and Manor Bonnevista and Riverview
and Riverview Terrace Riverview Terrace Terrace
Neighborhoods N A River Bluff Estates Carver Jackson Heights Jackson Heights Mobile Manor Bonnevista Mobile Manor Bonnevista and Mobile Manor Bonnevista and
Separates northeast portion Separates comer of Heights of Divides Heights of Chaska and Riverview Terrace Riverview Terrace Riverview Terrace
of Carver from remainder of Chaska from remainder Separates Carver and Chaska Separates established Chaska Separates Chaska and Separates Chaska and Chanhassen
City Separates Carver and Chaska neighborhoods east and west Chanhassen
of Audubon Road
Community Facilities N A Renaissance Festival No impact Chaska maintenance facility Church church residence School property S1 John s Cemetery expansion
private minor land acquisition School property area
School property
Access N A Existing US 212 realigned Affects design of US 169 existing Affects design ofDS 169 Affects design of US 169 Affects design of US 169 Affects design of US 169
M1 Hope Road extended to TH 41 interchange and existing TH 41 interchange and existing TH 41 interchange existing TH 41 interchange and existing TH 41 interchange and
realigned existing US 212 US 169 CSAH 69 interchange US 169 CSAH 69 interchange and US 169 CSAH 69 US 169 CSAH 69 interchange US 169 CSAH 69 interchange
Assumes existing TH 41 CSAH 78 Assumes existing TH 41 CSAH interchange
realigned to the west 78 realigned to the west Numerous local roadway
Local ramps at New US 212 CSAH Local ramps at New alterations needed to restore
11 interchange reconstructed US 212 CSAH 11 interchange access to affected parcels
reconstructed
Cultural Resources Walnut Street Effect cannot be determined at Athletic Field a k a Chaska Cubs Effect cannot be determined at this No adverse effect No adverse effect assumes align No adverse effect assumes align
Historic District this time Ball Field time ment will avoid archeological site ment will avoid archeological site
downtown Chaska Effect on other resources cannot be
determined at this time
Parks Trails Recreational Areas N A Temporary construction Temporary construction impacts to Temporary construction impacts Temporary construction Temporary construction impacts Temporary construction impacts
Section 4 fj impacts to Canoe and Canoe and Boating route to Canoe and Boating route impacts to Canoe and Boating to Canoe and Boating route to Canoe and Boating route
Boating route 8 5 acres MVNWR 36 1 acres MVNWR route 12 0 acres MVSRAMV Trails 4 2 acres MVSRAMV Trails
20 4 acresMinnesota Valley 22 3 acres MVSRAMV Trails 5 4 acres MVSRAlMV Trails 12 0 acres MVSRAMV 2 7 acres Pioneer Park Chaska 1 1 acres Pioneer Park Chaska
National Wildlife Refuge 3 5 acres Athletic Park Chaska Trails High School Pioneer Ridge High School Pioneer Ridge
MVNWR possibly all 8 acres 10 4 acres Pioneer Park Freshman Center Complex Freshman Center Complex
30 6 acresMinnesota Valley Chaska High School Pioneer 1 000 feet 0 2 acres Audubon 1 000 feet 0 2 acres Audubon
State Recreation Areal Ridge Freshman Center Trail Trail
Minnesota Valley Complex 800 feet 0 2 acres City of 800 feet 0 2 acres City of
MVSRAlMV Trails 1 4 miles 1 3 acres Audubon Chaska Trail Segments Chaska Trail Segments
Trail
4 200 feet 0 8 acres Chaska
Trail Segments
Threatened and Endangered Species No adverse impacts Potential freshwater mussel No Threatened and Endangered No Threatened and Endangered No Threatened and Endan Several species that are part of Several species that arepart of the
to rare species have concentrations species listed within mile species listed within mile gered species listed within the Seminary Fen native plant Seminary Fen native plant
been observed Kitten Tails state threatened Shovelnose sturgeon state special Shovelnose sturgeon state mile community including but not community including but not
Hills Thistle state special concern special concern Shovelnose sturgeon state limited to limited to
concern Tier II mussel study anticipated Tier II mussel study anticipated special concern sterile sedge state threatened sterile sedge state threatened
Regal Fritillary butterfly Tier II mussel study low nutrush state threatened low nutrush state threatened
state special concern anticipated beaked spikerush state beaked spikerush state
Tier II mussel study threatened threatened
recommended white lady s slipper state white lady s slipper state
special concern special concern
twig rush state special twig rush state special concern
concern Shovelnose sturgeon state special
Shovelnose sturgeon state concern
special concern Tier II mussel study anticipated
Tier II mussel study anticipated
TH 41 Minnesota River Crossing
Draft Environmental Impact Statement
1 21 June 2007
TABLE 1 4 continued
IMPACT SUMMARY
Alternatives
No Build W 2 C 2 C 2A E l E IA E 2
SOCIAL ECONOMIC AND ENVIRONMENTAL IMPACTS
VegetationlHabitat N A Shading effects Shading effects Shading effects Shading effects Shading effects Shading effects
Salt spray trash debris and Salt spray trash debris and Salt spray trash debris and Salt spray trash debris and Salt spray trash debris and Salt spray trash debris and
opportunistic invasive species opportunistic invasive species opportunistic invasive species opportunistic invasive species opportunistic invasive species opportunistic invasive species
Bridge piers may create Bridge piers may create Bridge piers may create Bridge piers may create obstacles Bridge piers may create Bridge piers may create
obstacles for wildlife bridge obstacles for wildlife bridge obstacles for wildlife bridge for wildlife bridge creates flight obstacles for wildlife bridge obstacles for wildlife bridge
creates flight barrier for birds creates flight barrier for birds creates flight barrier for birds barrier for birds creates flight barrier for birds creates flight barrier for birds
Native vegetation 51 7 acres 3 54 8 acres 3 81 6 acres 4 29 9 acres 2 48 9 acres 3 59 3 acres 4
High quality native vegetation BC rank or 33 3 acres 4 36 3 acres 4 44 9 acres 4 2 8 acres 1 28 1 acres 2 34 2 acres 4
better
State rarity ranking of native vegetation 48 8 acres 4 38 1 acres 2 614 acres 4 28 9 acres 2 35 9 acres 2 48 9 acres 4
Outstanding biodiversity area 0 0 acres 0 0 0 acres 0 0 0 acres 0 0 5 acres 1 30 6 acres 4 26 0 acres 4
Forested areas 33 9 acres 3 38 6 acres 3 613 acres 4 22 3 acres 2 33 0 acres 3 26 3 acres 2
Impacts to forest interior 24 9 acres 4 20 8 acres 1 33 6 acres 4 12 2 acres 1 20 1 acres 2 218 acres 2
Creation of new forest edge 15 9 acres 4 13 6 acres 4 23 3 acres 4 7 0 acres 2 11 6 acres 3 10 2 acres 3
Seminary Fen Assumption Creek N A No impact No impact No impact No impact to CFC Areas 1 or 3 No impacts to CFC Area 1 No impacts to CFC Area 1
3 calcareous fen component CFC areas Water table drawdown 0 1 ft to Potential contamination transport Potential contamination transport
small portion of CFC Area 2 to CFC Area 3 Major impact to to CFC Area 3 Major impact to
CFC Area 2 CFC Area 2
Surface Water Quality Storm Water Runoff
Impervious surface N A 44 1 acres 47 7 acres 60 3 acres 48 3 acres 52 9 acres 47 7 acres
Permanent ponding storage requirement 10 4 acre ft 33 6 13 9 acre ft 319 17 2 acre ft 24 0 15 0 acre ft 33 2 High Profile 14 9 acre ft 26 both profile 14 8 acre ft 29 6 both profile
in floodplain 14 7 acre ft 38 Low Profile options options
Wetland Impacts N A 11 7 acres 10 9 acres 16 1 acres 9 0 acres both profile options 14 9 acres High Profile 15 7 acres both profile options
14 6 acres Low Profile
Wild and Scenic River N A Impact on scenic value Note this section of the Minnesota River is not currently designated as a Wild and Scenic River but it is on the National River Inventory and is a candidatefor potential National Wild and Scenic River
FloodplainWaterbodies
Floodplain encroachment 7 920 feet Minnesota River 7 250 feet Minnesota River 6 500 feet Minnesota River 5 730 feet Minnesota River 5 716 feet Minnesota River 5 934 feet Minnesota River
N A 0 01 foot Minnesota River 0 02 foot Minnesota River 1 464 feet Bluff Creek 0 02 foot Minnesota River 163 feet Bluff Creek 166 feet Bluff Creek
Increase in flood elevation 0 01 foot Minnesota River 0 02 foot Minnesota River 0 01 foot Minnesota River
Groundwater N A Potential dewatering or direct Potential dewatering or direct Potential dewatering or direct Potential construction dewatering Potential construction Potential construction
impacts to groundwater not impacts to groundwater not impacts to groundwater not or permanent direct impacts to dewatering or permanent direct dewatering or permanent direct
excessive excessive excessive groundwater limited with impacts to groundwater limited impacts to groundwater limited
assumed pier construction with assumed pier construction with assumed pier construction
High profile less potential for High profile less potential for High profile less potential for
impact than Low profile impact than Low profile impact than Low profile
Physical
Noise daytime 2040 1 dBA over exist State standards exceeded by 4 to State standards exceeded by 1 to State standards exceeded by State standards exceeded by 4 to State standards exceeded by 1 to State standards exceeded by 4 to
ing conditions 16 dBA at 5 receptors 6 dBA at 5 receptors 1 to 8 dBA at 12 receptors 12 dBA at five receptors 9 dBA at 6 receptors 7 dBA at 6 receptors
would exceed Noise levels near downtown 5 of 13 receptors lower than 7 of 15 receptors lower than 5 of 13 receptors lower than 4 of 13 receptors lower than 4 of 9 receptors lower than
Federal standards Chaska are 4 dBA lower than No Build No Build No Build No Build No Build
No Build Downtown Chaska 4 dBA Downtown Chaska 3 dBA Downtown Chaska 4 dBA lower Downtown Chaska 4 dBA lower Downtown Chaska 4 dBA lower
lower than No Build lower than N 0 Build than No Build than No Build than No Build
Air Quality Reduced MSAT emissions in the immediate area of the pr ject expected relative to No Build due to reduced VHT and EPA s MSAT reduction programs
Soil Water Contamination 3 High risk sites 2 High risk sites 2 Medium risk sites 5 Medium risk sites 5 Medium risk sites 2 Medium risk sites
7 High risk sites 7 High risk sites 1 High risk sites 1 High risk sites 1 High risk sites
Visual Quality N A Substantial permanent impacts highly visible to neighbors travelers and riverwa users
Steep Slopes Erodible Soils Length of 550 feet 3 8 acres 1 950 feet 13 4 acres 4 980 feet 34 3 acres 3 000 feet 20 6 acres 4 700 feet 32 3 acres 2 610 feet 18 0 acres
erodible soil crossing acres
Farmland N A 9 land owners 14 land owners 14 land owners 6 land owners 6 land owners 7 land owners
17 agricultural parcels 15 agricultural parcels 17 agricultural parcels 11 agricultural parcels 10 agricultural parcels 10 agricultural parcels
91 acres 148 acres 101 acres 50 acres 92 acres 80 acres
ExcessBorrow N A Preliminary estimates indicate that up to 3 3 million cubic yards of borrow may be required for this pr ject
Number in indicates ranking of potential for impacts 0 represents least potential for impacts no impacts 4 represents greatest potential for impacts
TH 41 Minnesota River Crossing
Draft Environmental Impact Statement
1 23 June 2007
TABLE 1 4 continued
IMPACT SUMMARY
Alternatives
No Build W 2 C 2 C 2A E l E IA E 2
SOCIAL ECONOMIC AND ENVIRONMENTAL IMPACTS
OTHER
Construction Impacts N A Local traffic congestion and access impacts noise near sensitive receptors temporary channel obstructions impacts to aquatic species habitat
Indirect Impacts N A Assumed US 169 south frontage Assumed US 169 existing Assumed US 169 existing Reduction in affordable housing Reduction in affordable housing Reduction in affordable housing
road removes commercial TH 41 interchange removes TH 41 interchange removes may affect businesses broader may affect businesses broader may affect businesses broader
building 3 homes 3 homes low moderate income families low moderate income families low moderate income families
Reduction in affordable housing Reduction in affordable housing
may affect businesses broader may affect businesses broader
low moderate income families low moderate income families
Increased development intensity near corridor potential induced development beyond study area
Vegetationhabitat effects
Cumulative Impacts greater potential N A MVNWR visual noise MVNWR visual noise MVNWR visual noise Mobile home parks Mobile home parks Mobile home parks
habitat fragmentation storm habitat fragmentation storm habitat fragmentation storm Seminary Fen health Seminary Fen health Seminary Fen health
water water water
Mobile home parks Mobile home parks
Athletic Park
Potential impacts to cultural resources land development vegetation wildlife threatened and endangered species and wetlands
TH 41 Minnesota River Crossing
Draft Environmental Impact Statement
1 25 June 2007
Q
EJ 0
Q
n c
nl 5
3 E
2
i
c
r
U
LlJ
uCroC0QEu
0
lo
roo
lo C
Q Q C
EECQ
Oro
C
W
c
o
o VlQOJc
c
o Ql
0
Q l
Q 0
U E
Vl
OJ 0
c to0st
Q it
a S0l lCi
CI g
aNs
CI CI
U
Ql
3 e0
Lt
q
C1
o
a
l
r
t
oJ
ro
r
C
1
J co
0J
4 q c
3 I
Q l
e Ol
Cf C
Q tCf
o x
0 1
o al
o E
f
o
e c
e
0
e
Cf
Cf
o
l
f
J
c
3
C
J
o
o
f
W f
LL C
co
S Q
3 3
0 C
1 J
0
co 0
C
t 1
2
1
ICf103c
0
m q
t C
f0 2
e C
Q
l 0l1JQoQ
0 Ee0m
cf
o W
t o
II
0 C
1 0gEf5
C E 2coof
Ol C000
1 8f
C 01C
c t Q
f J 0Cf1010
01co0c1
c CLQ01ff
w g w
Q en
c 18i
I I
a I
I I
rl
c
E
3
on
U
w
l
Q
N
N
I
I 3
f 0
JO
Ol
C 0
uf
1 cC
COOeo
0
I
Mn DOT works with willing sellers
to start acquiring RfN no active
acquisition until Tier II EIS is
completed EIS Trunk Hig lway I
Minn sota River
One P ossible Overall Timeline for
a New TH 41 MN River Crossing
We are here
Tier I EIS Results Next Steps
2020 2028
Tier II EIS Results Next Steps
2002 2007 2008
Began Tier I Preserve corridor for future Tier II Avoid minimize and F utu re
Current EIS crossing limit development and EIS mitigate impacts Possible
Tier I Study minimize future impacts Process Develop layout Construction
EIS Results Continue to work with permitting For construction limits Time
Process In agencies to gain concurrence with Design and finalize design bridge is
Selection preferred alternative if not done And Not
Of as part of FEIS Construction Begin active RW Currently
Preferred Of Project acquisition with all In Mn DOTs
Alignment Mn DOT and Study Partners work property owners 20 year
Location together to obtain design and
Etc Programconstructionfunding
Why
Serve ftJtu re torecast TH 41 travel demand
Today over 18 000 veh day
expected to double in
forecast
One of highest traffic volume
2 lane roads in Minnesota
One of the highest heavy
commercial truck traffic
Scoping 2030 traffic study
most intersections at Level
of Service F congested in
p m
EIS 2040 travel forecasts demand higher than capacity
10 hours of congestion per day
EIS Trunk Hig lway I
Minnesota River
s
ct
Q0
o
o
l
Q
I
C
C
Q
o
Q
m
Oi
t
V
V
e
Q
0
c
m CI0S0C
Q oc Q CI
c I S Q
o Q J c5c J U
N Q C
C OQ E Q Q
I 0 0 CU OCl
0 c OC cu Q 2 Ol Q
00 CI oGC Q G
0 Q 0 EojJ0CIEV C
4 Q S 0 El en
u Q
Ol J J CI El 0 Q E
c CoCl cu Eo c Q
C
O C e Q ot 0 0 Ql cu E
J Uo U 0 U Ol fl Q
o I I
c
D
J
0
D
L
4
I
r
o
o
N
I
j
j
CI
CI cu
cuo
O 01
r
o
E
D L
0 J
00 I
000L
LL 0 U
t
I
f I
I I
LJ
0
E
0
n
W
CI
1
s
Cl
Cl
CI
S
Q
s
0
s
Q
s
s
o
ct
S
c Q
Q
Lt
T
K
1t
l
i
JI 0
n 1
I 1
t f
12 10h
0
0
W IIl
l
5
I
L
CU
D
o
0
Q
C
D
0
0
D
D
Z
j I 0
00 c
r 0 C CU
g C E CU
I c 5 0 15
CU 400 U I V
L 0 CU 0 Q D Ol
DI C CUoCCU
L O NC CCCUr00 CU
D Ol N a C
CU ro D 15 C Ol 15 L 4
9 J
L D D D 0
0 D C L C I
o D 2 CO 2 c m L
Ol LO D 0 ceO L 0
cu D cu I U cu U 9 D
Study Process To Date
Current study
New study needed due to change in conditions
issues regulations
Began in 2002
Scoping Decision Feb 2005 alternatives and
studies to be included in Tier I Draft EIS
Revised Scoping Decision Feb 2006 revised
one of the six Build alternatives C 2 to minimize
impacts
Environmental studies completed
Cooperating Agency review in April 2007
Public Distribution June 18th August 10th 2007
m Trunk Highway I
Minll S lll Riw1
Who TH 41 DEIS Public Involvement
and Agency Coordination
Study committees comprised of Mn DOT FHWA
Local Cities Counties Natural Resource and
Permitting Agencies and other various stakeholders
Project Advisory Committee PAC
Project Management Team PMT
Study Advisory Committee SAC
Fen Study Group
Special meetings with various stakeholder groups
Public information meetings
Public hearings
Website http projects dot state mn us srf 041
IS Trunk Highway I
Minol solll RiT
Q
o
o
t
o
f
w
o
Q
m
c
Q
0
J
ol
I
o
Z CJ
Q
4o
CJ m
c
m Q
Q
E
0
Q
c J
ol
en
C
o
CO
I
Q
0
o
0
C
CO
en
en
CO
u
Q
l
cE
Q U
E tE
Q
c I
4
Q
0
0 4
C 0
0
C
m
CJ
Q
0
C
t C
0
0
en U
co l
Q I
4 j
0 C
C 0
C 0Q
Q 0
C C
0 co
a5
Q 0
I I
l 0en4
C enQQ
o 0
C
C co
0 0
en
Q en
0 0
C
co 0
C 2 tJEEm
a5
o wco
0
C
co
U
E
o
C
o
U
Q
co
0
o
en
co
en
en
co
C
C
Q
o
0 en
4
o U
co
en 0
00 E
coc2
co C
Q Q
E
Cen0CIQ
X CWQ
0
C
co
en
Q
U
I
l
o
en
Q
0
co
I
l
l
I
o4
en
Q enot
l 0
0enQ
coO
0 C
Q Q
0 LL
en C0coQC0
l E
U Q
Cj
I
rl
s
J
0
u
w
0
N Q
T C 3N00
f Q Q 00
C Q 0 0I 00CC oot3a00J
00 Q c c E tj
Q Z 00 0 000QQl0QOQ000
0 C C J 0
T D 00 cQc00QQJ 0 if
0 f 0 1 0 w
C C I 00 Q l CEQQ0QJ2E c
c I f 0Q00C0C00 00 0
oJ Q 0 0IQ 3Q0000IQQiQ00E00IC0Q0C
0 Q 0C0c00E000coiQc0C00
0 O
I
0 Ciiu 0 0J00lTfac0
en Q OQ f D E0000CCQ 1 00 0
en C 0 Q ao EQOQ
0 NC I Q D 0
C J C E JQ 0
W 00 0 f rJ o I c 0
Q JO M00OOC000000
Q OQ E l E OQ Q
I Q tt OJ Q EOO3E0CCOC0JQcOQ00J
Q O 0 Q oo 00
I J E 00 I jjj S OOQ
U U 0 a x x o
DEIS Traffic Impacts
River YEAR YEAR 2040 Forecast veh day
Crossing 2000 No build W 2 C 2 C 2A E 1 E 1A E 2
TH41 18 500 36 500 24700 22 000 24 800 23 800 25 100 24 200
New US 41 45 000 48 000 43 000 56 000 56 000 59 000
Hwy 101 21 400 34 000 30400 30 000 29 900 24 800 24 300 23 300
US 169 54 000 141 000 135 000 135 000 135 000 131 000 129 000 129 000
2040
Hours of Congestion per day No Build Build alternatives
Existing TH 41 10 2 3 70 reduction
Hwy 101 10 5 7
I Trunk Highway 8II
Minru5ota Riv r
DEIS Build Alternatives
N
I
a
4
Q 6 0
o en
C
m 0 ro Q 0
enQ 0 Q j C 0
Q C Q Cs O C C en
g Q 0 m j 15
Q t m t en en m
CJ o 0 C 1 a c 3 0
E 0 0 Q 0 EICJ40fCmIJQen
Q f 0 LO m 2 Q CJ 15 OJ 6 Q
C fJ LO t Z f ro Q C 0
o U LO LL tt m
Q OJ 0 Q f Q 2 ai Q 5 IJ
m C IJ J z Q OJ en J15 J
Q Q m m OQ Q O m
f c IJ 0 0 Q 0 0 m
x m 0 0 Q m IJ L E c
J 1 Z 15 ZO Q J Cii Qt0J2m2QJL00QE8ImmOO4o415roO1J000cE
L
1 00 OE Om cm2Q C
1l r C C OJ en IJ 0 IJ uC 0 0 2
o OJCJ m Q 1 Q E Q ro oo
Q en OJ L L 0 Q Q CCCJEenOJomOlJJcwCOJ0m4mQmQ0
oxf C oQ L CJL JC1 OO
U Q J 1 U CJ a 1 LO2 U J E Z
C
a
J
N
I
U
Q
t
I m m 2
f 5261 0
OJ Q
C mJro
g U5 8
XOoQ lJ 0
Q m Q
mco1 m c
o t u m J
LO Q Q Q z
a 00mzZIcQ28cfWen8omQOmJOaiQEOm15OJ
0 0 mJ 0 c
m 0 CJ 0 4 m C
OJ c
2 EQ o o
m
1l CJ OJ a E m
Q 0 f C Q m
L
Q J
IJ Q
E c en 0 Q j
o c mO 00 OJEOQmQ6
1 1 U C U 1 S LOa J
0
C
m
1
OJ
0
C
0
oJ
0
C
Q
0
C OJ
00 CO
m J
en gg
0 c
OCm JOO
co 2 t
m 0
0 Q
OJQ t
Q OJQ
0 QQ0
J
J 0
ro
1 a
CJ Cii
0 L
m E
N L J
oo2u
o
00
t
IJ
C
o en Q
15
IJ m
S 0
O E
0 mmQc
Cii E Q
0 EcCQQ00L
0
0 c
a Ew
3 0 mile roadway 9 550 ft bridgelengthand80piers
Alternative C2
Refined In spring 2006
Alternative E1
i1 Sfjl
jO ll I
l i 1 1
s h I
r
LU
Q
ro
c
1
cu cu 15
ro O OJ
cu a OJ ro cu cu U
cu S
OJ ffi r ro Q S C ro u cu g
g ICU C ro U5roI C3
0 0 cu ro u N CT ro S
U 0 LL en ro 0 0 00 0
000 oo JOO
o cooOOO C CT
o cD eCUJ N ro rojg ro OJ
o l mr 0 t gJ 0 0 2
l ro CU C Ql a 0 Z 6 Ui cu
CT 00 m Er B Z Z o B u
r Ci L Q c Z CDL 20ao 6CUUu0CUU J0UJ00umuCU
ro 0 o roo Erocuwcu c ENlcoCECTOJ15CJUroij
0 g 15 M ro CT g ro Q 5l cu Cm9mooococurocEcuellcoJcocooEoOOJcuoE
ro
OJ E 0 0 ro Q cu 9 S Qr
r
S n cu r ro 15 Q gJ cu 5EC00urocuUJOcncNcuuoroCDOS
15 0 U ij e Q cu cu N cu E J ro CT 0 C
CT Ol 0 0 u 0 0 0 C 0 0 E w
I
N
I
W
Q
c
1
Water Resources Impacts
Build Alternatives
Impervious surface W 2 C 2 E 2 E 1 E 1A C 2A 44 60 acres
Pond storage req d W 2 C 2 E 1 E 2 E 1 A C 2A 10 17 acre feet
Wetland impacts E 1 W 2 C 2 E 1A C 2A E 2 9 16 acres
Floodplain encroachment MN River 5 700 7 900 feet
Increase in flood storage 01 02 feet
Construction in wellhead protection areas C 2A E 1 E 1A E 2
Groundwater impacts Limited
EI5 Trunk Hig lway LTIJ
Minnesnlll River
Habitat Impacts
All alternatives
remove habitat
create new edge
opportunity for invasive species
pose soil erosion issues in steep slope areas
potentially impact mussels threatened endangered
impact wetlands
create a bird flight barrier between bodies of water
pose temporary impacts to aquatic species during
construction
EIS Trunk Hig WayLTIJ
Minllfo olll Rhc r
Q
U
cn
uro
a C
jEE
E
0
aU
ro
c
Cl
uJ 0
Ul 7 0
UJ
C
C
8 7 0
CIl UJ
ltl
E
2 0
C
l ClCI
ro
j
ro
Z
Cl
0
Iii c
l3E
ltl EZ0
0
C C
CIl
a 0
1Il 0
0
0
l
l
N
CD
LO
N
c
co 1IlaCIl
0
o 0
ou
u
N
co
N
CD
C
00
C 0
I1l 0
0
oJ11lI
C co
0 LO
o t 0
N
N N 0
t 0
o L 0
00
CIl 0
0
I1l 1Il
E 1Il
I1l
en
c 0
g Jgn
LL 0
o
I1l w
o a 0
o
0 0
t
l Cl
l
0
0 Cl
00
0
t
Cl l
t
I
rl
n 5
t3
r
if
i
0
B
0 0 N CIS s
0 e 3
ICOCO n
CJ N 0 r
CJ CJ Q I
CJ 0eCOe CO
Q I J t v
0 e N CJ u
E CJ CO
I COUQCJQSItCJEc
ro I 0lCOQcroQ00role
0 0 CJEQE4
I co Q 0 l 04UQ00QIQ
4 E CJ
4j0co0 urot0ce
e I
0 co 0 0 e Q0N
0 CJ c 0
ro U cQUcoQQecoQrolifcoJecoro4CJCJQCJeeEu
I 0 cocoQQQCJ0IQCJQCJco0UCOE0lQI004
Q 4 ILLQIIW I
l
Park Section 4 f Impacts acres
W 2 C 2 C 2A E 1 E 1A E 2
Minnesota Valley National 20 9 36 0 0 0
Wildlife Refuge
Minnesota Valley State 31 22 5 12 12 4
Recreation Area
Athletic Park Chaska 0 4 8 0 0 0 0
Audubon Trail Chaska 0 0 0 1 1 1
Chaska Trail Segments 0 0 0 1 1 1
Pioneer Senior High Pioneer 0 0 0 10 3 1
Ridge Freshman Complex
Chaska
IS Trunk Highway I
Minl otll RlvN
Socioeconomic Impacts
Environmental Justice
W 2 C 2 C 2A E 1 E 1A E 2
Neighborhoods business areas X X X X X X
Neighborhood division X X X X X X
Residential Units 13 29 78 261 136 210
Businesses 6 11 12 3 7 5
Community Facilities X X X
Church X
School X X X
Low income minority
mobile home units 0 18 38 126 113 182
of Total Acquisitions 62 48 48 83 87
E S Trunk Highway I
MilllU solll Ri r
encenIJQ0Clea
Ntoto
Q
to
iiQ
NU
0
NUN
000000000co
r
fJ
l
VMN000000000CO
U
lnVMf
l
II
I000000000OO
OlOq
NII
Nto
I
U
1
en0
to
i
W
0
U
Il
Nci
Qb
i3
o
0
CD
5llil
0000N
NWetW
c
lJ
o
TIS
g0
n
Jo
c0
w
c
wetNoNoN
NcW2c
i
WQc
N
CwC
Ni
w
Cl
c
C
w
c
IIICll
NU
0
NUN
entCS0ECSIoc0cr
QlcEJsQlacQlJJen
00000o
In
0
II
0
N
N
o
0
QcEJCQccJQa
g
o
0
on
Ntototo5UNUN Nto
Hns
s
3rorw
ww
f3
ai
g
J
C
0
Oo
iiE
Q
Q0
in
in
J
Q
III
cr0
NUNU
N
N
QlQlac0CC1IJ
NWWwNUNU
00000
0
0
0
t
0
ll
0
l
0
it
M
C
N
N
Cultural Resources Impacts
Federal Section 106 requirements apply to historic and
archeological properties historic districts eligible for
National Register of Historic Places NRHP
Locally designated historic resources also of concern
NRHP eligible properties 1 archeological site 11
historic sites
Effects on eligible properties
No Build adverse effect on Walnut St Historic
District
C 2 adverse effect on Athletic Park other effects
cannot be determined at this time
W 2 C 2A effects cannot be determined at this time
E 1 E 1A and E 2 no adverse effects
EIS Trunk Hig11way 1D
Minneoola River
EIS Trunk Hig lway 1D
Mjnne olil Ri er
f0C
I
g
CJUcncc
Cl
Q
E
uL
Q
co
en
C
enc
Q
U
j
ro0E
0
CT
E
ro
oC
cu
0
t
N
l
I
Q
U
CUt
E
U
lQ
N
1
I
cu
WO
01
8
E
ro
L
t
o
1
ro
E
o
c
E
1
1
4
2
0
l
ro003c1
OC
ro
lo
I
row
O
a5
Qco
E
E
Nro
L
t
1
1
co0
E8
NI
tw2ro0
co
0
t
3
E
cuo
c
lo
I
s
W
0
0
1
en
2
c
Q
c
0
ro
ro
E1
0
5
3
t
ai
0
8
t
a
c
O
c
ro
ro
o
C
t
0
m
0
04
4
oOc
ro
en
Q
0
1
0
0E1g
E
CJClroE
l1O
C
C
Qro
0
g
0
C
0
0
L
0
L
0
u
0
co
0
N
co
U
co
L
L
0
I
I
I
I
I
I
1
0
0
0
0
L
L
0
C
0
co
T
co
ro
ro
E
fA
fA
fA
fA
fA
fA
W
0
ro0I
C1E
l
l
C
N
l
l
0
I
N
N
T
T
N
S
I
I
I
I
I
U
U
w
w
w
CJwCJoorooIo0Ccco
0Q0
lllll
U
0
e
U
ll
e0
ll
0
U
cE
Q
E
10
0OleE
g01
e
0lOOD
ro
0
0
00
0
e
o
CJOr
N
QlEI
c
rt3
f
i3nW
How and when will a decision be made
Receive and categorize all public comments August 2007
Meet with Study Teams Stakeholders to review findings and consider
public comments September 2007
Are there alignments that can be eliminated or refined to further reduce impacts
What impacts have highest levels of protection What can be mitigated
Is more study needed to make an informed decision
Based on discussions findings etc MnlDOT and FHWA will propose a
preferred alternative Fall 2007
Study Teams Permitting Agencies and other Stakeholders discuss
proposed preferred alternative and work together to develop informed
consent Late 2007 Early 2008
Strong alliance allows Mn DOT and Partners more success in preserving corridor
Possibly more success in obtaining future design construction funding
If informed consent can not be reached Mn DOT and FHWA are ultimatelyresponsiblefordecision
Document decision making process in FEIS on going and obtain
FHWA Record of Decision June 2008
IS Trunk Highway GIJ
Minnesotll Rivel
TH 41 Tier I EIS Process Where are we
Transportation studies aiL dev Fall 2002 Summer 2003
Open House Spring 2003
Scoping for DEIS w public hearings Spring 2004 Winter 2005
Draft EIS studies Spring 2005 Summer 2006
Open Houses Late 2005 Spring 2006
Draft EIS public comment period June 18 August 10 2007
Draft EIS public hearings July 2007
Identify preferred alternative Late 2007 Early 2008
Final EIS distribution Spring 2008
FHWA Concurrence ROD Tier I Summer 2008
Begin Right of Way acquisition with 2008
willing sellers
EIS Trunk Highway GIJ
Mione t River
Final Conclusions
All build alternatives meet purpose and need and are
financially responsible
BOTH build and no build alternatives have impacts
Competing interests of key community resources on
every cOrridor no ideal alignment
Building informed consent to select a preferred
alternative to carry forward to FEIS
What if Study partners can t agree Mn DOT and
FHW A have ultimate responsibility to decide
Transparent process encourage and value active
stakeholder participation so please submit comments
EIS Trunk Highway I
Mi nt olll Ri tf
Ot
Chaska
July 2 2007
Commissioner Carol Molriau
Minnesota Department of Transportation
130 State Capital
75 Rev Dr Martin Luther King Blvd
St Paul Mn 55155
Dear Commissioner Molnau
The Chaska City Council had the opportunity at a recent work session to review the
Draft Environmental Impact Statement for the Highway 41 Minnesota River Crossing
After review of the EIS the Council unanimously agreed that a new Highway 41 corridor
is required and that the No Build Alternative is not viable Given the current and
forecasted traffic flows the existing corridor clearly fails and can no longer serve as a
regional river crossing It is evident to us that the State Highway and Chaska s
downtown business district will not be able to coexist in the future
After reviewing the alternatives identified in the EIS the City Council felt it was evident
that corridors C 2 C 2A E l and E 1A presented insurmountable problems to the
community and should not be considered as preferred alternatives Not only are these
corridors inconsistent with the City s long term land use planning each of these options
would cause significant disruption to the community
Corridors E 2 and especially W 2 are viewed by the City as viable options although a
humber of issues need to be addres ed on each layout In reviewing the key criteria
identified in the EIS after excluding those factors where each of the alternatives are
generally equal the W 2 alternative would appear to be the preferred route The W 2
alternative has
Highest cost benefit ratio 3 43
Least impact on low and moderate income housing zero
Low impact on existing properties 7
Low impact on existing businesses 6
Least impact on City parks and trails zero
Least impact on Seminary Fen zero
Based on the draft Environmental Impact Statement evaluation and the
Council s knowledge of the Chaska area the Chaska City Council at its July
City Of Chaska Minnesota One City Hall Plaza 55318 1962 Phone 952448 9200 Fax 952 448 9300
f
16th meeting unanimously endorsed W 2 as the preferred alternative and
urged MnDot to selected W 2 as the preferred alternative in the final EIS
Other than the impact on the Federal Fish and Wildlife land the W 2 corridor is clearly
the alternative with the least environmental impact The W 2 alternative would
fragment the US Fish Wildlife Refuge However an opportunity exists to mitigate for
the proposed W 2 alignment through the elimination of an existing crossing through the
refuge area The Union Pacific has a rail spur that starts south of the Minnesota River
parallels a significant length along the Minnesota River then crosses the river at Carver
and then proceeds into Chaska Earlier this year one of the three bridges on that spur
collapsed into the Minnesota River and due to the high cost of replacement Union
Pacific is working to abandon the line The acquisition of this rail line would reconnect
the refuge to a significant length of the Minnesota River The City of Chaska stands
willing to work with MnDot to preserve this mitigation opportunity for the W 2
alternative
Although Chaska realizes that selecting a preferred alternative is difficult given the scope
of the project our hope is that MnDot would be able to reach an agreement with each
of the interested parties in order to select a corridor in the near future Immediatelyfollowingidentificationofthepreferredroutewewouldurgeyoutoinitiaterightofway
acquisition to preserve the corridor prior to development
The City of Chaska is committed to being a partner with MnDot in identifying a new river
crossing and initiating construction in the foreseeable future Chaska also looks forward
to working in an evolving coalition of area local governments with one of its objectivesseekingtoreachalocalconsensusonapreferredcorridorContinuedrelianceonthe
existing Trunk Highway 41 river crossing is not an option given the increased traffic
volume along the corridor and development in this section of the region Prior to
closure of the public comment period Chaska will be providing a more formal response
to the EIS
If you have any questions concerning Chaska s position on the Environmental Impact
Statement please feel free to contact me at your convenience
Sincerely
Gary Van Eyll
Mayor City of Chaska
GVE ms
F
Announcement for the Mayor National Night Out
b M
The City of Chanhassen will be celebrating National Night Out on
Tuesday August 7 2007 National Night Out is an event designed
to encourage citizens to get out and get to know their neighbors
promote crime prevention awareness and to provide an opportunity
for public safety representatives to visit with Chanhassen citizens
The City of Chanhassen takes great pride in continuing to be a safe
place to live and work Keeping Chanhassen safe is a partnership
effort between citizens and those who serve this city National Night
Out supports this effort by reminding citizens that their involvement is
vital in maintaining safety in Chanhassen With citizen participation
we can make an impact on crime in Chanhassen
On August 7 2007 representatives from the Carver County Sheriffs
Office and Chanhassen Fire Department will be visiting Chanhassen
block parties Join the Chanhassen event by organizing your
neighborhood gathering Register your block party by calling 952
227 1610
20
CHANHASSEN CITY COUNCIL
WORK SESSION
JULY 9, 2007
Mayor Furlong called the work session to order at 5:40 p.m..
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Litsey, Councilwoman
Ernst, Councilwoman Tjornhom, and Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Todd Hoffman, and
Paul Oehme
AUDIO VISUAL IMPROVEMENTS TO THE CITY COUNCIL CHAMBERS.
Laurie Hokkanen gave a power point presentation outlining the key problems with the current
system. After meeting and receiving proposals from AVI Systems and Alpha Video, staff
recommends approval of the proposal from Alpha Video which include system engineering at no
addition cost. Their proposal includes suggestions to improve picture quality, audio quality, live
audience experience, operator ease and improvements to the capabilities of the Channel 8
experience. Total costs for these improvements are proposed to be $135,743.60. This did not
include a bid for the remodeling of a dedicated production area. Todd Gerhardt suggested
identifying money in the CIP every 6 years or so to address upgrade issues. Councilman
Peterson explained that the system could be upgraded half heartedly for less money but
suggested doing it the right way from the beginning. Councilwoman Tjornhom agreed with the
need to do a quality job. Councilwoman Ernst stated that from what she's heard from citizens,
the system needs to be upgraded but asked if item should be going out to bid. Laurie Hokkanen
explained that the State contract has already gone through the bidding process. Todd Gerhardt
explained that there are really only 3 companies qualified to do the work. Councilman Litsey
asked about the possibility of web screening upgrades. Mayor Furlong agreed that generically
speaking internet exposure would provide greater exposure to more people. Todd Gerhardt
suggested including money in the 2008 budget to add on the capability for captioning names and
agenda items. Laurie Hokkanen discussed the 3 year commitment Chanhassen has made with
the company CGI to produce a streaming video about the city of Chanhassen at no cost to the
city, explaining CGI makes their money from local businesses. Todd Gerhardt stated staff will
bring back cost estimates for construction of a production room.
COMPREHENSIVE PLAN OPEN HOUSES.
Todd Gerhardt explained that there was good attendance and feedback from the two open houses
held on June 27th and 28th. Kate Aanenson gave a power point presentation outlining the issues
presented at the open house such as land use, and commercial land use categories. Mayor
Furlong asked staff to differentiates between area A (CBD) and C (Community Commercial) and
whether it would be complimentary or competitive. Councilwoman Ernst asked staff to explain
how the commercial areas will tie the commercial together vs. little pockets of commercial. Kate
Aanenson explained that staff needs to continue to address the intensification of downtown. She
reviewed the MUSA expansion area, housing numbers through the year 2030, the Livable
21
City Council Work Session - July 9, 2007
2
Communities Act number, Carver County's Comprehensive Housing Needs Assessment and
Historic Preservation. Todd Hoffman reviewed the boards pertaining to park and open spaces
showing the existing park and trail system, history of the existing system and future possibilities.
Kate Aanenson continued with review of natural resources and transportation. Paul Oehme
provided a progress report on the city's sewer and water infrastructure construction. Todd
Gerhardt stated staff will provide council with all the comments received at the two open houses.
Kate Aanenson outlined the schedule for public hearings and explained how information can be
accessed on the city's web site.
The work session was adjourned at 6:55 p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
22
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
JULY 9, 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, Kate Aanenson, Paul
Oehme, and Todd Hoffman
PUBLIC PRESENT FOR ALL ITEMS:
Kurt Papke Planning Commission
PUBLIC ANNOUNCEMENTS: None.
CONSENT AGENDA: Councilman Litsey moved, Councilwoman Ernst seconded to
approve the following consent agenda items pursuant to the City Manager's
recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated June 25, 2007
-City Council Summary & Verbatim Minutes dated June 25, 2007
Receive Commission Minutes:
-Planning Commission Summary & Verbatim Minutes dated June 19, 2007
c. Award of Bid, Power Hill Park Trail.
d. Fox Hill Subdivision, 6570 Chanhassen Road:
1) Final Plat Approval.
2) Approval of Plans & Specifications and Development Contract
f. Resolution #2007-42: Approval of Resolution Establishing a Special Assessment
Deferment Policy, as amended by staff.
g. Approval of Amendment to Chapter 4 of City Code: Establishing Rate for Bulk Water
Sales.
i. Approve Letter of Support for Federal Funding for the Reconstruction of CSAH 18
(Lyman Boulevard) Between TH 41 and CSAH 17 (Powers Boulevard).
23
City Council Summary - July 9, 2007
j. Approval of Amendment to Chapter 7, Section 18 of City Code: Adopting the 2007
Minnesota State Building Code.
k. Resolution #2007-43: Approval of Letter of Support for Federal Funding and Resolution
for the Lake Minnewashta Regional Park Bicycle/Pedestrian Trail, TH 41 Underpass.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: None.
PUBLIC HEARING: THE ARBORS, 7537 AND 7570 DOGWOOD ROAD: REQUEST
FOR VACATION OF DRAINAGE & UTILITY EASEMENTS, TRAIL EASEMENT
AND ROAD RIGHT-OF-WAY; CARLSON ARBORS DEVELOPMENT, LLC.
Public Present:
Name Address
Donald Peterson 15725 15th Place No., Plymouth
Paul Oehme presented the staff report on this item. Mayor Furlong opened the public hearing.
No one spoke and the public hearing was closed.
Resolution #2007-44: Councilman Peterson moved, Councilwoman Ernst seconded to
approve the vacation of drainage and utility easements, trail easements and road right-of-
way subject to filing The Arbors final plat and development contract. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
LAKE RILEY WOODS 4TH ADDITION: CONSIDER APPROVAL OF PRELIMINARY
AND FINAL PLAT.
Public Present:
Name Address
A.G. Peterson 9525 Highview Drive, Eden Prairie
Boyd Peterson 9860 Pioneer Circle
Steve Taylor Carver County
Kate Aanenson presented the staff report on this item. Steve Taylor, Administrative Services
Division Director with Carver County informed the council that the county is in the process of
initiating torrens action to clean up prescriptive use issues. Boyd Peterson, 9860 Pioneer Circle
addressed the issue of drainage, asked for clarification on how his property fell within the Lake
Riley Woods 4th Addition, and suggested making all the lots in the area 2.5 acres to bring them
up to code. After comments by the council, the following motion was made.
2
24
City Council Summary - July 9, 2007
3
Resolution #2007-45: Councilman Peterson moved, Councilwoman Tjornhom seconded
that the City Council approves a six outlot subdivision (preliminary and final plat), plans
prepared by SRF Consulting Group, Inc., dated 5/24/07, subject to the following
conditions:
1. Outlots A and E should be deeded to the City or entirely encumbered by drainage and
utility easements granted to the City in order to accommodate future stormwater
improvements. At a minimum, all property below the 914 contour should be reserved for
future stormwater improvements.
2. Provide the City with a set of as-built drawings of the road.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
1(b). APPROVAL OF AMENDMENTS TO CHAPTER 20 OF CITY CODE
CONCERNING ZONING PERMITS, FAÇADE TRANSPARENCY, ACCESS
AND DRIVEWAYS, AND INDUSTRIAL OFFICE PARK SIGNS.
Councilwoman Ernst expressed concern that these changes were creating more restrictive
regulations where they weren't needed. After discussion by council, the following motion was
made.
Councilman Peterson moved, Councilman Litsey seconded to approve the amendments to
Chapter 20 of City Code concerning Zoning Permits, Façade Transparency, Access and
Driveways, and Industrial Office Park Signs. All voted in favor, except Councilwoman
Ernst who opposed and the motion carried with a vote of 4 to 1.
COUNCIL PRESENTATIONS: Councilwoman Ernst commended staff for their efforts with
the 4th of July celebration. Mayor Furlong and Todd Gerhardt also commented on the events of
the 4th of July.
ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt informed the council that Family
Circle Magazine has named Chanhassen as one of the top 10 places in the country to raise a
family. Councilman Peterson asked for an update on Highway 212 construction.
CORRESPONDENCE DISCUSSION. Councilman Litsey mentioned he was pleased to see
the positive comments regarding the open book process.
Councilwoman Ernst moved, Councilman Peterson 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 8:00 p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
25
CHANHASSEN CITY COUNCIL
REGULAR MEETING
JULY 9, 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, Kate Aanenson, Paul
Oehme, and Todd Hoffman
PUBLIC PRESENT FOR ALL ITEMS:
Kurt Papke Planning Commission
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: Thank you and good evening to everybody that is here and those who are
watching at us at home. We're glad you joined us. I'd ask any members of the council for
modifications to the agenda. Without any objection then we'll proceed with the agenda as
published.
CONSENT AGENDA:
Mayor Furlong: If there's a desire for discussion on any of the items before action is taken by
either members of the council or others present that will be removed from the consent agenda.
So at this time I would ask members of the council and any other individuals present in the
council chambers if they would like to any item 1(a) through (k) removed for separate
discussion.
Councilwoman Ernst: Mr. Mayor, I'd like 1(b).
Mayor Furlong: 1(b). Okay. Thank you. Is that a long discussion or clarification, questions.
We'll bring it up after new business if that's okay.
Councilwoman Ernst: Yeah.
Mayor Furlong: Is that alright? Okay.
Todd Gerhardt: Mayor, I've got one item (f). We handed out some minor changes to the
application and the resolution.
Mayor Furlong: Okay. Without objection we'll just consider that as part of consent agenda.
26
City Council Meeting - July 9, 2007
Councilwoman Ernst: Well I'd like to ask to pull it off to ask some questions about the 1(b).
Mayor Furlong: No, I'm sorry. This is 1(f).
Councilwoman Ernst: Oh, sorry.
Mayor Furlong: 1(b) we'll take up after new business. Mr. Gerhardt was speaking to item 1(f).
There was some minor modifications in the pages handed out to us so if everyone is comfortable
with what they've seen, we'll continue that as part of our consent agenda items.
Todd Gerhardt: Thank you.
Mayor Furlong: Thank you. Any other items? If not then is there a motion to approve items
1(a) through (k) excluding (b) and as amended.
Councilman Litsey moved, Councilwoman Ernst seconded to approve the following consent
agenda items pursuant to the City Manager's recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated June 25, 2007
-City Council Summary & Verbatim Minutes dated June 25, 2007
Receive Commission Minutes:
-Planning Commission Summary & Verbatim Minutes dated June 19, 2007
c. Award of Bid, Power Hill Park Trail.
d. Fox Hill Subdivision, 6570 Chanhassen Road:
1) Final Plat Approval.
2) Approval of Plans & Specifications and Development Contract
f. Resolution #2007-42: Approval of Resolution Establishing a Special Assessment
Deferment Policy, as amended by staff.
g. Approval of Amendment to Chapter 4 of City Code: Establishing Rate for Bulk Water
Sales.
i. Approve Letter of Support for Federal Funding for the Reconstruction of CSAH 18
(Lyman Boulevard) Between TH 41 and CSAH 17 (Powers Boulevard).
j. Approval of Amendment to Chapter 7, Section 18 of City Code: Adopting the 2007
Minnesota State Building Code.
k. Resolution #2007-43: Approval of Letter of Support for Federal Funding and Resolution
for the Lake Minnewashta Regional Park Bicycle/Pedestrian Trail, TH 41 Underpass.
2
27
City Council Meeting - July 9, 2007
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: None.
PUBLIC HEARING: THE ARBORS, 7537 AND 7570 DOGWOOD ROAD: REQUEST
FOR VACATION OF DRAINAGE & UTILITY EASEMENTS, TRAIL EASEMENT
AND ROAD RIGHT-OF-WAY; CARLSON ARBORS DEVELOPMENT, LLC.
Public Present:
Name Address
Donald Peterson 15725 15th Place No., Plymouth
Paul Oehme: Thank you Mayor, City Council members. The developer for the Arbors has
requested the following easements be vacated from the plat. Or the underlying easements before
the plat is filed at Carver County. The easements in question are shown in the drawing here and
again this is the Arbors development which is located off of 78th Street, just west of 41 and
Dogwood Road. The easements proposed to be vacated are shown in yellow and red here.
Zimmers Road is shown here. This is a 30 foot easement that was dedicated in 1990 under the
Zimmerman plat. Associated with that is the drainage utility easements shown here in yellow.
Also indicated on the same plat and a 20 foot wide trail easement shown here. These easements
are no longer needed in conjunction with, since we do have the Arbors plat and development that
has been approved. Staff recommends that the easements be vacated conditioned that the final
plat be recorded and the development contract also be signed and recorded as well so. I stand for
questions and I request that a public hearing be opened at this time.
Mayor Furlong: Thank you. Any questions for staff? If not then we'll move forward. Open the
public hearing and invite all interested parties to come forward and speak on this matter. Seeing
nobody then, without objection we'll close the public hearing. Bring it back to council for
discussion. Any discussion by council members?
Councilman Peterson: Motion to approve.
Mayor Furlong: Motion to approve staff's recommendation. Is there a second?
Councilwoman Ernst: Second.
Mayor Furlong: Made and seconded. Any discussion on that motion?
Resolution #2007-44: Councilman Peterson moved, Councilwoman Ernst seconded to
approve the vacation of drainage and utility easements, trail easements and road right-of-
way subject to filing The Arbors final plat and development contract. All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
3
28
City Council Meeting - July 9, 2007
LAKE RILEY WOODS 4TH ADDITION: CONSIDER APPROVAL OF PRELIMINARY
AND FINAL PLAT.
Public Present:
Name Address
A.G. Peterson 9525 Highview Drive, Eden Prairie
Boyd Peterson 9860 Pioneer Circle
Steve Taylor Carver County
Kate Aanenson: Thank you Mayor, members of the council. This item is a request for a
subdivision to create 6 outlots for public right-of-way on Pioneer Circle, Lake Riley Woods 4th.
The subdivision will allow the transfer of 4 lots to the abutting properties. Pioneer Trail, the
Halla golf course, 9 hole course and 101 on this side and Deerbrook Trail. The history of this
plat is stated in your staff report are existing large lot homes were identified in here that some of
these houses were built '52. To the best of our knowledge this house is quite a bit older. And
then 1965 and 1962. None of them met the requirements of the underlying zoning district at the
time that they were built. Since then we've gone to the 2 1/2 acre minimum so they're a legal
non-conforming at the time. Again these are lots that do not have sewer and water and as part of
the overall update of the sewer plan, we did look at providing sewer, that's one of the options that
we're looking at. Not that it's out intent but we want to look at that and put it in for financial
modeling, but it's not our intent to buy that. This property, the plat that we're looking at was the
result of Pioneer Trail being moved to the north and it was an extraction actually from property
to the north so this property that's abutting that is gaining additional property was never extracted
from them, so it's just a give back to clear up a remnant piece that the county owns. In an
original communication the city staff with the county, it was our desire to provide some
additional drainage. Now unfortunately we miscommunicated and the plat was drawn up and
presented to a neighbor that really didn't meet the city's needs because we have some drainage
issues out there and I'll speak to those in a minute. So the goal that it provides access to these
properties from Pioneer Circle as indicated in the staff report to give access. So all the lots, to
give them right-of-way to make them whole as far as meeting the standards, to give access to
Pioneer Circle except for this existing lot. We have spoken with the county and we may be able
to get an easement across that in the future if the county wants to update that road. This again
would remain with the County to provide a possibility for a drainage, I mean driveway easement
to go across that property in the future so then they would all have, that wouldn't be done today
but the county did want to…
Mayor Furlong: I'm sorry widen what, Pioneer Trail?
Kate Aanenson: Pioneer Trail, right.
Mayor Furlong: Okay.
Kate Aanenson: Upon addition, if they need additional right-of-way. So then the Outlot A is
where the city was looking at for providing the storage for additional drainage easement. On the
4
29
City Council Meeting - July 9, 2007
compliance table on your staff report on page 6 you can see how much property each lot is
getting. Again that makes them whole as far as our lot standards, access to the public street itself
and so none of that's really changing. It's just on paper. The right-of-way that they're getting
dedicated. So why is the city looking at taking additional drainage? I just wanted to look at this
map. So this is the subject site itself. You did receive a letter presented to you from Mr.
Peterson, Boyd Peterson who's one of the lots, who wanted the additional property that's was…
to the property owners. In this area right here of Pioneer Circle and somewhat Deerbrook, it
drains towards the Halla property and we have a pipe that's coming down on Frontier Road that
actually comes across here through a pipe, underneath the road. We have a lot of erosion. This
is one of the projects that water resources was working in right now doing a rain garden, but we
wanted to provide some additional holding capacity upstream so while the letter does state that
we don't have a project in place, we don't. We're working on one…put into the CIP and we'll be
developing a future plan to provide additional ponding. And then if there is additional capacity
we can maybe use it for wetland banking or something like that but it's our intention to provide
that additional capacity. Again it's not just the Pioneer Circle area but some of Deerbrook too.
Again all those subdivisions were put in place without stormwater capacity. The City's rationale
and unfortunately we miscommunicated on the size of what we needed when it came back and
we said well that's not going to be big enough for our needs so that was the miscommunication
and request. So again, this takes the, some of the property back to the property owners instead of
leaving it all in the name of the county. Something that they intended to do for a while and
they're finally cleaning up. So with that the Planning Commission did hold a public hearing on
June 19th and they did recommend 7-0 to approve the plat as shown before you tonight. So with
that we are recommending approval with the conditions in the staff report and I'd be happy to
answer any questions that you have.
Mayor Furlong: Thank you. Any questions for staff? Okay, good. Mr. Taylor, any comments
of the applicant?
Steve Taylor: Just a couple of quick comments if I could. Good evening Mr. Mayor and City
Council members. I'm Steve Taylor. I'm the Administrative Services Division Director with
Carver County and I just want to let you know that I personally did speak with all the
homeowners about this proposal and I also wanted to let you know that we are in the process of
initiating a torrens action on this property to clean it up. There are gaps here. There are some
issues that are prescriptive use types of issues that we want to clean up so this is an area that
really needs to be cleaned up as far as a torrens action goes and we are pursuing that as well so,
because there are gaps on ownership areas here. They're not significant but it has caused some
problems with title work and such so we are going to be pursuing that here as well so.
Mayor Furlong: Alright, thank you. Any questions? For Mr. Taylor. No. Okay. We did
receive a letter. I know nobody spoke at the public hearing at the Planning Commission but we
did receive a letter from one property owner. Is there any comment of any individuals who
would like to provide public comment on this matter, this would be the time.
Boyd Peterson: Yeah good evening. I'm Boyd Peterson. Reside at 9860 Pioneer Circle. Just to
start out with we're just happy this process is finally this far. It has been 20 years since this has
been said to be done and there's a lot of problems with the corners and property corners. I hope
5
30
City Council Meeting - July 9, 2007
maybe if possible everybody got a chance to actually go look at this site and not just look at the
pictures because it is quite different. Somewhat disagree, actually I really disagree on what the,
on what your staff is looking at here. This corner is a hole and I don't see how Deerbrook is
involved with the drainage of this at all. This area has been there for 20 years. That's how you
see it is how it's been for 20 years. The reason it is a wetland today is because when Pioneer
Trail was re-modified, the culvert is 3 feet higher than your original drainage that went under
Pioneer Trail at the time. So this is a created wetland. The original flowage went how it is but
obviously lower. I am a little bit wondering too how we're included as Lake Riley Woods 4th
Addition. You know this property has been there for 50-60 years. How come we're not 1st
Addition but somehow we fell within the Lake Riley Woods project. And at the time in that
whole area is 2.5 acre minimum lots, but yet we're always lined up with 4th Addition Lake Riley
Woods and it seems to me this is the time to get everybody within the property of the zoning of
how it stands today if we're going to be under this Lake Riley Woods. As far as this wetland and
management project, as I outlined a little bit in there, I'm a little bit concerned about what kind of
project they've got lined up because the lowest point of this property is where you see it on the
far bottom northwest corner, which is adjacent to Halla Greens Golf Course. Now I don't know
if anybody's gotten a chance to look at that algae pit that's going there but that drainage is going
to have to be dealt with in a big way and whatever drainage from over there is going to drain into
this wetland project. And therefore it's going to eventually, if the plan goes through, it's going to
head right on down the stream to the lowest pond of Lake Riley itself, into the Lake Riley-
Purgatory watershed to the Minnesota River. I guess that we've prepared to let everybody know
they're putting golf course fertilizers right on down into the river because that's exactly what
we're going to do. You know if you look at that area now, it's done real fine for 20 years. I
mean it's taken care of itself and most of the area that they want to make wetland, like I stated I
hope everybody's looked at it, it's trees. There's native trees. There's big, large trees. I don't see
how anything could be growing in a wetland with trees of that size. So what do you do? Cut
down a woods to make a wetland you know? And another problem you've got there is there's the
pipeline is right across that corner. So there's a lot of issues that I think ought to be looked at
before just cutting these lines in and saying okay, let's make this a drainage pond but I think if
anything could be done with it with what I've proposed would be a line that would be a
reasonable line which would be enough high ground left over and enough low ground to do a
little project if that's what it's going to be. You know, but do we want to throw money at that? I
think, I don't know and I don't see how when all is said and taken care of a golf course's problem
of their drainage and then send it down the river. And if it ends up being in front of my house
and I've got an algae pit that I've got to look at down there, I won't be too happy as a neighbor.
That area's done fine by itself for 20 years so there's probably many more things I can say but I'm
not going to take a lot of time. We've outlined it. I couldn't make the Planning Commission
because I was up in North Dakota University with my son. Otherwise you know I thought a
letter would be enough but my proposal is, is just take that property and X it up a little bit
different and let's get everybody close to 2.5 acres if we're falling under this zoning of this area
regardless if we're old. Seems like we're old but yet we're new. So I'd say let's go with the
newest proposal and get everybody up to code and let's just make some square corners instead of
all these outlots again. Our original proposal from the county was quite a bit different than what
it is today, and I understand the city wants to get as much wetland area as possible because we're
losing it faster than we're gaining it and they all of a sudden see a section that they can do
6
31
City Council Meeting - July 9, 2007
something with. That's fine if it's something they can do something with there, but I potentially
don't see what can be done but do a lot more harm. Thank you.
Mayor Furlong: Okay, thank you. Ms. Aanenson, thoughts. Comments and direction.
Kate Aanenson: Again the pond is not intended to treat Halla's ponding. This is ponding that
goes to the Deerbrook trail side and across these properties. There's actually two ponding areas
that were identified in the staff report. Outlot E and Outlot A were planned to ponding sites.
Again the purpose of ponding site is to clean it up before it, to pre-treat it so that should improve
the quality, and that other pond that's on Halla's is not intended to be, that's an aesthetic type
pond.
Councilman Litsey: So the pond helps pre-treat it and not so much control the rate of the water.
Kate Aanenson: Exactly. And that's what's causing the erosion across the street as I pointed out,
and that's what we're trying to reduce the velocity and hold that in.
Councilman Litsey: So both uses will hopefully help with the water downstream.
Kate Aanenson: Correct.
Mayor Furlong: Okay, thank you. Anyone else? Have comments. Okay, thank you.
Appreciate that. Let's bring it back to council for thoughts, discussion, additional questions of
staff.
Councilman Peterson: I guess I had one more question Kate. I'm searching for the relevance of
what we call this area, whether it's 3rd Addition or 4th Addition. I'm assuming there isn't any
relevance to it from a legal standpoint or from a land standpoint.
Kate Aanenson: No. Correct.
Councilman Peterson: You just.
Kate Aanenson: We call it the Pioneer Circle area, yeah.
Todd Gerhardt: But wasn't there an underlying land that was a part of the Lake Riley Woods is
why you came up with this one?
Kate Aanenson: That's my understanding this goes way, way back.
Councilman Peterson: But again it's a name. We could have picked all of it. Timbuktu
Addition 3.
Kate Aanenson: Correct.
7
32
City Council Meeting - July 9, 2007
Councilman Peterson: Yea I think, Mr. Mayor I think it's consistent with other stuff that we've
done in the community. It looks, I try not to peel back the onion so far that I start saying what
should and shouldn't be holding ponds and types of water going in there. I assume our staff has
looked at that and this is the best thing for the city and the lake and the river and everything else
so I certainly don't see the reason why the staff's recommendation isn't solid in this case. I
certainly look forward to approving that.
Mayor Furlong: Okay. Any thoughts?
Councilwoman Tjornhom: I guess, I'll go next. I read the Planning Commission summary and
you know I think the other one was kind of worried about homeowners actually gaining property
at this point and nothing's going to happen to it or you know, so I think it's a positive thing that
you know this has been in the works for 20 years and finally it's coming to completion so I guess
I have no, the Planning Commission didn't seem to have any concerns so I'll follow their lead
and not have any concerns also.
Mayor Furlong: Okay. Councilwoman Ernst.
Councilwoman Ernst: Kate, just looking into the future do you see any potential issues with the
direction that we're going with? I mean.
Kate Aanenson: No, and I think that was, if you look at, even if we combine the lots, all these
lots are undersized. They're already legal non-conforming. The only thing that would change is
we move through looking at the sewer study and the possibility of providing sewer to this area
and what that timeframe would be. Right now we have it in 2020. We just talked about some of
the modeling and potentials for looking at that. So that shouldn't change it. At best it would stay
if we did provide sewer and water, it may be problematic even to subdivide then just based on
the road access. We try not to have 2 driveways on one lot so it's just a little more problematic.
So really you're just getting the county's cleaning it up. Putting in the road right-of-way and
giving them some additional property. Trying to keep everybody an equal footing, and then
meeting the City's needs and that's the part that got miscommunicated. What we actually needed,
the size.
Councilwoman Ernst: So what's been said before then, the standard width is what we do within
the city.
Kate Aanenson: Correct.
Mayor Furlong: Okay.
Councilman Litsey: Yeah, pretty much agree with what's been said. It seems like a reasonable
approach. I like the fact that it's going to help with, hopefully purify and slow the rate of water
going downstream in that watershed area. I think that's a positive thing for the city to take
advantage of that opportunity now. So I would support it.
8
33
City Council Meeting - July 9, 2007
Mayor Furlong: Thank you. I like the, as I understand the purpose here and again this is left
over from 20 years ago so we're doing something that should have been done a while ago which,
but you can't go back so let's do it now but the key here is, is to give each of these properties
direct access to a public right-of-way and to correct…where it doesn't exist. So that's the
primary purpose. I think as mentioned here and was glad to hear, you know anytime there's an
opportunity as well to improve that, to reduce the non-conformity, which we're reducing it from
an area standpoint, perhaps not eliminate it but also creating those access to public right-of-way,
you know if there's an opportunity to take the one property that does access with a driveway
directly out to Pioneer Trail, and work it through that Outlot E so they can come back to Pioneer
Circle and eliminate another access point, even though it's a county road, I know we do that all
the time on state roads but Pioneer Trail will continue to increase in traffic and having been out
there and trying to get out Pioneer Circle and it takes some, you've got to wait and so reducing
those points, if that's something we can do going forward, I think we should try to do that for all
the reasons that we talk about in other places but I don't think there's any reason to stop this.
That can be done anyway. With regard to maintaining Outlot A and it's size is proposed here,
and E, I support that. We're achieving a goal of providing driveway access, property owner's
access to the right-of-way. We've seen in other parts of our city where we have needs for
establishing stormwater ponds or doing some projects and having that property under control is
one area that we don't have to deal with whenever there's an opportunity to do that so. I certainly
support what's being proposed here because it achieves the goals, multiple goals at the same time
and it gets something done that I think is a benefit to all so I think going forward as proposed by
the staff at this time and recommended by the Planning Commission would concur.
Councilwoman Tjornhom: Mr. Mayor?
Mayor Furlong: Councilwoman Tjornhom.
Councilwoman Tjornhom: Just so Mr. Boyd knows his voice, we heard you and maybe if he
could meet with staff.
Kate Aanenson: We have met.
Councilwoman Tjornhom: …feel more comfortable with what is happening so.
Mayor Furlong: But maybe before anything happen there, there would certainly be.
Kate Aanenson: Are we talking about the ponding? Oh yes, absolutely.
Mayor Furlong: Yeah there would certainly be a project would have to be, that would go up to
the entire public process. Complete with opportunities for public comment and all
neighborhoods and individual residents and nearby property owners.
Kate Aanenson: Absolutely.
Mayor Furlong: Well I hear what he's saying clearly. I think this is just a situation where we're
achieving in terms of providing, the purpose is to provide direct driveway access to a public
9
34
City Council Meeting - July 9, 2007
right-of-way. We can do that and still maintain area that can serve for another public service
which is stormwater management and I think staff's proposal fairly balances those two purposes.
Thank you. Any other thoughts or comments? If not, is there a motion?
Councilman Peterson: Motion to approve staff's recommendation.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion?
Resolution #2007-45: Councilman Peterson moved, Councilwoman Tjornhom seconded
that the City Council approves a six outlot subdivision (preliminary and final plat), plans
prepared by SRF Consulting Group, Inc., dated 5/24/07, subject to the following
conditions:
1. Outlots A and E should be deeded to the City or entirely encumbered by drainage and
utility easements granted to the City in order to accommodate future stormwater
improvements. At a minimum, all property below the 914 contour should be reserved for
future stormwater improvements.
2. Provide the City with a set of as-built drawings of the road.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
1(b). APPROVAL OF AMENDMENTS TO CHAPTER 20 OF CITY CODE
CONCERNING ZONING PERMITS, FAÇADE TRANSPARENCY, ACCESS
AND DRIVEWAYS, AND INDUSTRIAL OFFICE PARK SIGNS.
Councilwoman Ernst: As I read through this, particularly in Section 1. Page 51. Section 2 at the
bottom of page 51, and Section 3. I actually have 3 different scenarios that I'd like to express
some concerns. Do you want me to separate those as I'm talking to them or talk to them all
together? Because they are consolidated so.
Mayor Furlong: Are they all similar issue or?
Councilwoman Ernst: Yeah they are.
Mayor Furlong: Okay. Why don't we talk about the main issue and then we can see how that.
Councilwoman Ernst: Well as I read through this it really feels like we're creating more
regulations where we really don't need to be creating more restrictive regulations. And for
example when we're talking about having to get a permit for, in Section 1, play houses and
fences under 6 feet high. I mean what we're doing today is working and I don't understand why
10
35
City Council Meeting - July 9, 2007
we're asking residents to get a permit to put a playhouse in their back yard or a fence that's lower
than 6 feet high.
Kate Aanenson: What this is is a zoning permit so what we ask you to do then, there's no fee
with the zoning permit. That's just a check with our office to make sure you're not in a utility
easement. That you know we've had play structures that we've had to remove that are in, so it's
really just a check in. We spent a lot of time over the last couple years is how do we rectify
these on the front end so it's really about a communication issue. And then this is one of those
things we always try to put in a newsletter and stuff. That you call us first before you put up that
little picket fence that might be in Paul's water line area. So there's no fee required. It's a zoning
permit which means you just check with the city to make sure that you're not violating a setback
requirement because sometimes we have play structures, whether it's a swing set that the
neighbors don't enjoy. There are kids swinging onto their property. That's a frequent thing so
it's really just an opportunity for us to talk to the residents and advise them that you know you
may want to think about where you're setting this. Check your easement so there's no fee. It's
just a communication issue. If there is any other things that go with it, for example people
frequently put in for example like a dog run where the concrete is, so we just advise them that
that may be an issue in the future if we have to get in there for an encroachment agreement or
something like that so there's no fee. It's just a communication issue.
Councilwoman Ernst: Well I'm not so concerned about the fee. I'm more concerned about we're
asking them to come forward to get a, I mean to get permission to do it whereas today we're not
doing that right?
Kate Aanenson: Yes we do today. We just added a few things that we didn't have on the list just
to clarify.
Councilwoman Ernst: So they have to get permission to put a play house in the back of their
yard but they don't necessarily have to get a permit.
Kate Aanenson: Our ordinance regulates all accessory structures so, and they have to meet
certain setbacks so whether if you put a storage shed is another frequent one that somebody just
goes to Menard's. They pick up, they install. They don't check what the setbacks are and
Monday morning after it goes up we get the call, it's too close on my property line. It's ugly.
Don't like it. So that's why we say, we always say have you talked to your neighbors? Do you
know what the setbacks are? So really we're trying to build goodwill so you don't have to come
back and ask for a variance and do that kind of process so that's really what it's about. It's
intended to be a positive interaction. Not to be a negative or a burden. So we just always ask
people to try to contact us so we can make sure they meet the setback requirements. We think of
a simple swing set but a lot of people today do those large play structures and that, some people
don't enjoy those right on the property line and that's just a communication thing.
Councilman Litsey: Yeah I did a small shed recently and I thought the process worked well
through the city and I checked with my neighbors and stuff too. It helped me because I had to
get a map and look to make sure I did put it in the right place. I thought it was a helpful process.
11
36
City Council Meeting - July 9, 2007
Kate Aanenson: That's what it's intended to be.
Councilman Litsey: Yeah it is.
Councilwoman Ernst: So you're not putting the regulation that really isn't there today.
Kate Aanenson: Well there is a regulation already in place. The setback. The zoning permit is
an opportunity for us like let's say somebody's going to put a storage shed and they decided you
know what I'm going to put a 20 by 20 slab underneath that as long as I've got the play structure
then so it's just an opportunity for us to say remember these other regulations that go with it. To
get an understanding again so we know what they're doing and they know what they can do
within the ordinance. It's just a check in with that.
Councilwoman Ernst: So can you explain to me what happens if they don't do that. Say for
example you've told them what they need to do okay and they go ahead and they do what they
intended to do in the first place. Is there a fee for that or how is that?
Kate Aanenson: That's generally where we send a letter that say they're in violation. We go
through a process and typically you give them so much time. There's a format for that and
ultimately if we can't get compliance then they end up in citation or in the attorney's office. And
typically those are ones that.
Mayor Furlong: If they're in violation.
Kate Aanenson: Correct.
Mayor Furlong: Yeah, if they follow, if they go through the zoning permit process and receive
approval to put whatever they want to put in in a spot and they do it, it's done.
Kate Aanenson: But her question was if they ask us and they didn't do it. Most people that call
us are the people that want to do the right thing and we want them to do the right thing. We want
to help educate them and be a good neighbor because a lot of this builds up a good neighbor and
that's so important in the community that we get along and we don't build up those…with our
neighbors regarding how we operate. Whether it's the dog, they've got the dog run too close to
the property line. The swimming pool that's too close and they're screaming all the time so we
just try to think about, you know when water's splashing and going into neighbors they might not
appreciate it so we just try to get them to think about those things. Could you maybe move the
pool a little bit this way? Do you think that you could, you know those sort of things and that's
what we try to work with based on our experience to try to make it a positive experience so the
neighbors understand that.
Councilwoman Ernst: And I understand that and I think that that's good that we're doing that but
I'm just trying to understand why we're putting a more restrictive regulation on it or is it a
regulation that we have today and we're just not enforcing it?
12
37
City Council Meeting - July 9, 2007
Kate Aanenson: It is a regulation we have today. What we're trying to do is to communicate
that regulation because what happens is, they come to you and ask for a variance and say, I never
knew it was a regulation. We were asked by the Planning Commission and the City Council to
put this in place. That we would provide that opportunity to visit with them so they don't ask for
a variance. It's really to prevent those cases where it says I never knew I couldn't do that. I
couldn't put my storage shed right up against the property line. I never, but did you read the
zoning ordinance? Well I don't need to read the zoning ordinance. I mean this is my property so
that's why we put that in place. It gives them an opportunity to contact us and explain any other
issues. Because some people have drainage swales in their back yards and they don't even know
it so those are the things we try to, we sit down with them and try to make it a real positive
experience.
Todd Gerhardt: Kate, the three items that we're adding currently aren't on the permit list.
Kate Aanenson: That's correct.
Todd Gerhardt: And right now there's an ordinance out there that regulates where they can be
but it doesn't call for them to get the permit so we do have a list of other things on there that you
do need a permit and the fence and the accessory building are excluded from that and what we're
trying to do is tell people if you're going to put in an accessory structure and a fence up, you need
to come in and get a permit to make sure it's in the right area and the right setback. That's all
we're doing.
Councilwoman Ernst: So it's in the ordinance and we're just in addition asking them to get a
permit.
Todd Gerhardt: Yeah, it's a preventative measure because some people you know take it upon
themselves to put their accessory building maybe in a side yard or something like that and they
go to great lengths to make it look nice. To match the house and landscape it and then after the
fact they're going to have to move it and that's where you know you create a lot of ill will
between neighbors and the person that put a lot of time and effort in and they may think it looks
nice but a neighbor may not. And you know they did a great job or whatever, they're going to
have to move it and so the permitting allows us to educate and to make sure that a lot of time
and energy isn't wasted that they have to do it all over again.
Roger Knutson: Mayor, what it really does, it seems to me is it tries to prevents problems from
occurring. It gives the neighbors, the property owners a heads up because it's great if you tell
someone, oops, you can't put it there but if it's already there and the concrete slab's in, then you
have a major problem because it costs a lot of money to move it at that point. So you want to,
this is really just a head's up to the neighbors, there's a rule here. You've got to move it so we
don't have to deal with the bigger issue if it's already built which is much more serious to deal
with.
Mayor Furlong: Yeah, it helps people comply with existing ordinances by knowing up front
whether what they want to do fits into our existing ordinances in terms of setbacks or impervious
surface coverage. Rules that are already in place. The zoning permit process is really, as I see
13
38
City Council Meeting - July 9, 2007
it, it's a review or a verification of what the property owner wants to do fits into our existing
ordinances.
Councilwoman Ernst: And I'm okay with the fact that it's in our ordinance. I'm just, I'm
struggling with the fact that they have to get a permit to put a playhouse in their back yard.
Mayor Furlong: Well I think one of the things that came up and I know, I heard the Planning
Commission struggled with this, and I know at the council we had residents come forward that
put in a Sport Court or put in an accessory structure of some sort and it's in and suddenly they've
exceeded our impervious surface coverage or they have, they've got it too close to the property
line. It's in the setback area but it's already in so now they're coming for an after the fact
variance. As Mr. Knutson said, a very tough situation. And many times they'd say if I had
known before I wouldn't have done it here you know, and it's those that we're trying to catch to
help the education because most residents don't read the ordinance before they put in, you know
they put in a play set or those sorts of things.
Roger Knutson: You know one kind of tragic situation in another community that comes to
mind is someone put in just a tremendously nice Sport Court. Spent a lot of money. You know
10, 20, 30,000 dollars but they didn't realize it was in a drainage easement and we had to come in
and put in a storm water pond and I had the unfortunate position, I had to tell them that and they
were not happy at all. And they were saying, we didn't need a permit from this. How are we
supposed to know this? Well it's all of record and it's hard to know I guess but they didn't need
a permit. It's one of the first things they said you know, so we just went ahead and did it. That's
true and it's unfortunate. Now you're going to lose your $30,000 investment. That's what
happened.
Mayor Furlong: The other thing is, you mentioned the word permit and I.
Kate Aanenson: We struggled with that.
Mayor Furlong: And I understand people calling and saying do I need a permit to do this. And
it may not be, a building permit may not be required, but do I need a building permit to do this.
So the answer might be no, but to that point a zoning permit, or what we call it a zoning permit is
the ability to say yeah, there's a pulled permit. We've got, there should be a review process up
front to make sure it is in compliance with other ordinances. Not just building code ordinances.
Kate Aanenson: And actually if I can just add to that, the positive experience, it gives us an
opportunity to visit with people. You know you can talk about if they're doing other things or
help down the road, to think ahead. If you put this here and if you ever want to do a porch or
how is that going to affect your lot so we really help people try to think ahead so just as the city
attorney said, so we don't have those problems down the road. To think about what are the
implications of this decision today if I ever wanted to add on and we try to help people think
through that. And any other questions they have about the city. It's an opportunity for them,
they can do it over the phone you know or come in and meet with us and just to tell them kind of
what issues they have in the neighborhood so it's, we try to make it very positive.
14
39
City Council Meeting - July 9, 2007
Councilwoman Ernst: So as a, how many situations do we have on an annual basis where people
are putting play houses and fences in a place where they shouldn't be putting them?
Kate Aanenson: There's probably a lot of them that we don't know about that never call. And
we'll find out, as the city attorney said, when they say they didn't get a permit so the goal is to
continue, just like we do with some of our water resources things, is to try to educate. We're
moving towards education. That's one of the things we always put in the newsletter. It's our
number one thing that we talk about in planning is educating our residents about the regulations.
It's really an education tool too, and as the city attorney said, the permit issue came up, I don't
need a permit. We use the same nomenclature so people know, no you don't need to pay for a
building permit but we have a zoning permit we want to talk to you about what the implications
of that are. We haven't had, to my knowledge, someone said that's ridiculous you know. They
appreciate that we take the time to help them. To make sure they've got it right and, oh I didn't
know I had a drainage easement back there. I didn't know there was an active, you know some
people have an anomaly on their site they didn't even know so I think for the most part it's a
pretty positive experience.
Mayor Furlong: And I'll just add personal comment and as Mr. Litsey said he did it. We just
added a patio in our property and it was a very easy process to go through the zoning permit. I
realize now I didn't have to for the patio but regardless, to know that up front, we had the
landscapers scheduled to come in a couple days but to know up front that we weren't going to
have an issue with impervious surface coverage was just a comfort. You know it didn't change
our plan at all, and I thought we were okay with it, but to have somebody review it you know
that can read a survey better than I, and do the calculation and know that what we had planned to
do will fit just fine within our zoning ordinances. You know the last thing I want to do, or
anyone wants to do is come up here and ask for forgiveness. An after the fact variance.
Kate Aanenson: You just brought up a point I want to add to. That's one we try to get in and out
the same day and someone calls on that question, that's a one day call that we try to take care of
right away and so people can, if they're at, looking at a storage shed and you know they call in.
Do I need it? You'd better check with your city. You're at the home improvement store and
you'd better check with your city and they call in. We try to get those answers out to them within
that day you know. Someone might not be available right at that moment but that's something
we want to get back to them right away on so that's our commitment to provide that information.
Councilwoman Ernst: In Section 2 with the façade, something seems somewhat relative here
and I'm wondering what you're considering to be the public view.
Kate Aanenson: If you remember this came up with we looked at the Arboretum Business Park.
The Planning Commission spent a little bit more time on reconciling that in an additional go
around. If you remember we did that Mamac building that came in. There was, we added on. I
think was that the building we added on to? In.
Todd Gerhardt: Great Plains, or.
15
40
City Council Meeting - July 9, 2007
Kate Aanenson: Arboretum Business Park. So that's what started this discussion. So we did an
addition to it and we penalized them for the fenestration because the standard had changed. So
this is actually to give some relief so we didn't have that same, so they weren't penalized for
existing development standards. So when we say a view from a public street, if it's not on a
public street it doesn't have the same requirements for transparency. So we try to put relief, this
was to build relief in the ordinance for what we have today.
Councilwoman Tjornhom: So you're trying to break it up.
Kate Aanenson: Yeah, we're also making it less restrictive. If your side on public view, you
don't have to meet that.
Councilwoman Ernst: But today they have to come in and get their site plans approved, right?
Kate Aanenson: Correct.
Councilwoman Ernst: And the whole architectural piece as well as the landscaping.
Landscaping helps break something like that up.
Kate Aanenson: That's correct.
Councilwoman Ernst: So why would we ask them to put windows in?
Kate Aanenson: That's in the ordinance today. What this ordinance does is give you some relief
from that. When we're doing an addition that has a different standard, the addition won’t have to
make it up, make it whole by putting all the windows in this addition to make it whole so we're
recognizing that there's some situations that doesn't make sense to put that much fenestration in.
So it's actually giving relief to the ordinance. And that was directed by the council when we
looked at that building to come back, or we told you we were looking at that because we say that
inherent, and the Planning Commission took two go around's with that to try to get the right
language.
Todd Gerhardt: Didn't we give them a variance for the.
Kate Aanenson: That's correct.
Todd Gerhardt: For not putting the window in so.
Kate Aanenson: That's correct.
Todd Gerhardt: This is to give you the flexibility not to have to grant a variance for the site plan.
Kate Aanenson: That's correct.
Todd Gerhardt: And it was Greatland America.
16
41
City Council Meeting - July 9, 2007
Kate Aanenson: That's what it was. It was in the same park.
Todd Gerhardt: Yeah. Just behind the water reservoir. Up from Lifetime Fitness. And if I
remember right, this was one of their warehouse areas and they didn't want a window in their
warehouse. So as a part of the site plan approval we had to grant a variance to allow that to
happen.
Kate Aanenson: Yeah, so that was the existing. Same park but yeah. Yeah. So it's actually
giving more flexibility.
Councilwoman Ernst: It just feels to me like we're asking someone to pay additional costs where
they really don't need to and breaking it up with landscaping and architectural just feels like the
better solution to me. On Section 3, we're talking about accessing driveways at a 90 degree
angle.
Kate Aanenson: That's the goal.
Councilwoman Ernst: …how you can't access.
Kate Aanenson: That's the goal. Right now it's, we did an amendment to the code that there's a
glitch we found out when someone came in for a 4 car garage and unfortunately I guess I didn't
catch it the first time too. We had 32 foot wide maximum for a driveway and it's in conflict with
what we have for a goal for the city that people park their boats and their RV's on the side of the
garage. So if you have a 3 car and you want to park your boat, you can't make enough driveway
space so that's wrong. That's what this is fixing. And we also stated in there that if you didn't,
some people just like to have gravel where they store a trailer. Whether it be a snowmobile or
something, or a boat, which is what we want to have it parked on the side, it doesn't have to be
paved. So there's two things in this. One, it increases the 50 foot width so people that would
have a 4 car and then wanted to do that, and then it doesn't, it allows you not to have to pave that
part because otherwise our ordinance, so the part you're looking at, the other part of the
regulation, that's already in there already. It's just the entire section. So these aren't all additions.
Those are just the modifications of it. That we made on this section of the code so. It's already
90, if you went to the city code right now that's what it says for access to. It says it has to be
paved. It has to be approximately at a 90 foot angle, right. So if you look at a cul-de-sac that's
what, so that part's not new.
Mayor Furlong: So is it item (i), is that the new. Of 20-1122. That's what you're referring to?
Kate Aanenson: (Yes).
Mayor Furlong: Is there somewhere in the code that defines what an accessory driveway is as
opposed to the yard?
Kate Aanenson: I don't have mind in front of me. I kind of doubt it but we can look at that.
Accessory is defined for like storage area.
17
42
City Council Meeting - July 9, 2007
Mayor Furlong: Well I know we've received some calls, especially during the winter months,
where people store their vehicles in their yard or on the side of the garage and grass.
Kate Aanenson: Right. And this does allow you to park on the side of your garage. It's if you're
parking permanently in your grass in the front. There's no storage. You take that invisible line
of your front property and that's where everything's supposed to be behind that. You can even
park behind your house which every once in a while we have some people do that but.
Todd Gerhardt: I think we define what your front yard is so, and I think the ordinance says you
can't park vehicles or equipment in your front yard so I don't think we need to define the side
yard. Or accessory driveway.
Mayor Furlong: Well I think one of the changes here is that the accessory driveway, and I'm not
sure if that's defined. …to parking vehicles and such as that…this would allow that on grass.
And I know we've had questions in the past of people parking cars, and putting cars on the grass.
Kate Aanenson: Right, but as the city manager indicated, that you still can't park in your front
yard. So if you had concrete pavers and wanted to park on your side yard, that's fine and
sometimes we do have people in the summer months that just use that temporarily for their boat
and then they don't, they store it somewhere else for the winter. So we're saying you don't have
to pave it if you're going to just temporarily use it for that period of time. As long as it's defined
by your setback.
Mayor Furlong: So this is again, from more of a relief…
Kate Aanenson: That's the intent. It's too onerous right now and we want people to park their
stuff on the side so this is intended to give relief and the 32 foot wide doesn't meet some of the
requirements we have now. Some have the 3 car and then storage so.
Mayor Furlong: Okay.
Councilwoman Ernst: Well, just based on the information I heard today I really can't support
this piece of it because it feels like we already have our ordinances in place and I don't, I'm not
understanding why we need to create another regulation to say you need a permit. I understand
the communication fees and based on our ordinance I mean, citizens have the responsibility to
read our rules and if they have a question about where to put a play house and where to put a
fence, they should be calling city hall to find out that, am I putting this in the right location. Am
I building this correctly. I mean that is a citizen's responsibility and I don't think that we need to
create another regulation to force them to do that. That's what I think.
Mayor Furlong: Okay. Okay, any other questions for staff? On this item. 1(b). Any
discussion? Further discussion. Is there a motion?
Councilman Peterson: Motion to approve.
Mayor Furlong: Is there a second?
18
43
City Council Meeting - July 9, 2007
Councilman Litsey: I'll second.
Mayor Furlong: Seconded. Any discussion on the motion?
Councilman Peterson moved, Councilman Litsey seconded to approve the amendments to
Chapter 20 of City Code concerning Zoning Permits, Façade Transparency, Access and
Driveways, and Industrial Office Park Signs. All voted in favor, except Councilwoman
Ernst who opposed and the motion carried with a vote of 4 to 1.
COUNCIL PRESENTATIONS:
Councilwoman Ernst: I would like to say what a great job Todd and his staff did with the
Chanhassen parade and all the events that happened on the 4th of July. It was great. Everybody
had a great time, even in the pouring down rain so it was a very, it was a great event and I
wanted to thank city staff, you and city staff for everything that you put into that because I know
it took a lot of work and was a great hit.
Todd Gerhardt: Yeah it was a great event. The Rotary also plays a big role in organizing the
parade and the beer gardens and a lot of other activities to really make this a special 2 day event.
And Todd Hoffman and his entire staff, all city employees that participated. Not just park and
rec but everybody you know pitches in from one way or another to make it a real special event.
And I think the rain even helped to cool things down so, the band was great again. Just a lot of
positive comments. Having the carnival this year really expanded the event. Provided more
opportunities for the kids and families to create more memories and food vendors they were a
little bit more spread out. I think those were really the keys to the success this year. And just a
nice variety and utilizing all the school property. You know they continue to let us do that and
that's nice and it's cooperation with everybody and collaboration and it made it a great 2 days.
Mayor Furlong: Yeah I will concur. I think the, you know there are too many organizations to
recognize them all. The Chamber of Commerce of course puts on the business fair as one of the
kick off events and there are a number of other organizations, participating organizations. A lot
of local businesses get involved. Boy Scout troops get involved and it's just, it really as I look at
it, it really creates that small town feel and it brings friends and neighbors together and is, on
both days. Both on the 3rd and on the morning before the parade. During the parade itself.
Fireworks in the evening. I mean it's a wonderful 2 day event that everybody's pretty worn out
by the end of the 2 days but it's a good worn out because it's.
Councilwoman Ernst: Especially the people that pushed the car.
Mayor Furlong: And unfortunately we had video of that so, but it does bring people together and
I agree with you Councilwoman Ernst and Mr. Gerhardt, there's a lot of thanks and appreciation
for a lot of the groups. City, county employees. The county was here. The firemen. Yeah, so
it's gratitude and appreciation to all because it's really a great event. Great event.
19
44
City Council Meeting - July 9, 2007
Todd Gerhardt: Yeah I think the key thing was it was a safe event too. One little incident I think
we had in the entire night and that's not anything to really speak of. It's kind of funny but
somebody got stuck with a dart and they pulled it out and she was fine. And it's say watch out
for those balloons, they can bounce off there but it was a safe, real safe event. Minimal
incidents. Even after the event law enforcement did traffic control and that was pretty much
their key role in it and everybody was on their best behavior.
Mayor Furlong: We had a great presence from the Carver County Sheriff's Department,
especially on the 3rd . The day of the parade as well. I think it added to everyone's enjoyment.
Thank you for bringing that up. Other thoughts or comments from council members.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: The only other item I have is Family Circle Magazine recognized the city of
Chanhassen as one of the top ten places to raise a family. We had some banners displaying that
in the parade on one of our fire trucks and July 10th is the Family Magazine, Family Circle
Magazine comes out. There's a little article there on Chanhassen and I think they interviewed
previous council member Brian Lundquist and his wife on what they appreciate about
Chanhassen and raising their family here so I thought that was nice that they interviewed a local
resident in that article. I think we pointed out well in their surveys with being a safe community.
A growing community and one of you know, a great place just to raise a family. And if you
compare some of the other cities, I think we really stood out there. But they didn't rank it 1
through 10. Everybody was lumped in the 10 but it's nice to get those recognition and the
Chamber will probably be playing that up as a marketing tool as people look to locate here.
They seem to go to the Chamber a little bit more than they did City Hall. We also put it on our
web site and it's always nice to get those little recognitions. And that's all I have.
Mayor Furlong: Good, thank you. Any questions for Mr. Gerhardt?
Councilman Peterson: I've got one for Paul. What's Mr. Chiglo from MnDot saying of the 212
to either 101 to Powers. Are they going to open it up or are they going to wait? I assume they're
not going to wait til 41.
Paul Oehme: The Powers Boulevard and 101 access? Okay that, they will be opening Powers
north of 212 and 101, both accesses north and south of 212 this fall. The intent right now is to
open all those accesses at one time in conjunction with 41 so.
Councilman Peterson: Really, all of them at once?
Paul Oehme: All of them. All of them. Yep, so I have not heard about a staging plan for
opening those accesses at different times. The intent was, and it still is, to open all of them at
once this fall.
Councilman Peterson: That's interesting isn't it? Doesn't that surprise you a little bit or not?
20
45
City Council Meeting - July 9, 2007
21
Paul Oehme: Well from a traffic standpoint, since Powers Boulevard won't be opened up north
of 212, only that south leg is still being worked on and won't be open til 2008. If we open up
Powers Boulevard to that point we would anticipate some problems at the intersection of Lyman
Boulevard and Powers Boulevard just because that would be the farthest point west. So we're
open, staff at city hall is a little bit concerned about opening that up any time sooner than 41.
Councilman Peterson: And 101 is similar because of.
Paul Oehme: Yeah, and similar. Yeah again I haven't heard that MnDot would want to open
that up any sooner than any other intersections or interchanges.
Councilman Peterson: Good. Thanks.
Mayor Furlong: Any other questions for staff?
CORRESPONDENCE DISCUSSION.
Mayor Furlong: Any discussion on the correspondence?
Councilman Litsey: I just had one comment to make about the open book process. I mean it just
seemed like it went really well, from what I read and all the surveys came back positive that I
could see and I just was pleased. I know it was a point of discussion for a while so it looks like it
was the right direction to go.
Mayor Furlong: Good, thank you. Anything else? Good, if there's nothing else to come before
the council this evening, is there a motion to adjourn?
Councilwoman Ernst moved, Councilman Peterson 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 8:00 p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
46
CHANHASSENPARK AND
RECREATION COMMISSION
REGULARMEETING
SUMMARY MINUTES
JUNE26 2007
ChairmanStolar calledthe meeting to order at7 30 p m
MEMBERS PRESENT GlennStolar Tom Kelly ThorSmith Dan Campion Paula Atkins
JeffDaniel andSteve Scharfenberg
STAFF PRESENT Todd Hoffman Park and Rec Director JerryRuegemer Recreation
Superintendent Dale Gregory ParkSuperintendent Susan Bill Senior Center Coordinator and
Tom Knowles Recreation Center Manager
APPROVAL OF AGENDA Danielmoved everybodyseconded toapprove the agenda
amended tomove item 2 5 before item2 All voted in favorandthe motion carried
unanimouslywith a vote of6 to0
thPUBLICANNOUNCEMENTSJerryRuegemerupdatedthecommissiononthe4 ofJulycelebrationandToddHoffmandiscussedtheconcertseries
VISITOR PRESENTATIONS None
APPROVAL OF MINUTES Campionmoved Danielseconded toapprove the verbatimandsummaryminutesoftheParkandRecreationCommissionmeetingdatedMay22
2007 aspresented All votedin favorand the motioncarriedunanimouslywith a vote of6
to0
CHANHASEN NATURE PRESERVE DRAFTTRAILMASTER PLAN ToddHoffmanpresentedthestaffreportandhistoricalinformationontheChanhassenNaturePreserveGeorge
Watson with Brauer and Associates presentedthe master plan forimprovements Commissioner
Smith asked about signage around the perimeter Commissioner Daniel askedabout installing
distance markerswithin the trailsystem Commissioner Atkins asked for clarification on the
stairway thatisbeing proposed Commissioner Kellyasked about thepurpose ofparallel trailsectionsCommissionerDanielaskedforclarificationonifandhowmuchwasintheCIP
budget There wasno actiontakenon this item
DISCUSSION REGARDING COMPREHENSIVE PLANUPDATE Todd Hoffman
presentedthe staff reportand explained the boardspertaining toparkand recreation features thatwillbepresentedattheopenhousesChairmanStolarsuggestedwaysforgreaterpublic
exposureof theplan
2007 FOURTHOF JULY CELEBRATIONREPORT JerryRuegemer provided an updatethontheupcoming4ofJulycelebration
47
Parkand RecreationSummary June 26 2007
RECREATION CENTER REPORT TomKnowles provided an update from the Recreation
Center
SENIOR CENTER REPORT SusanBillpresented the updatefrom the SeniorCenterthhighlightingactivitiesduringthemonthofMaycelebratingtheSeniorCenters15anniversary
PARK AND TRAILMAINTENANCE REPORT Dale Gregorypresented the update onparkandtrailmaintenancethroughoutthecity
COMMISSION MEMBER COMMITTEE REPORTS None
COMMISSION MEMBER PRESENTATIONS Commissioner Atkins provided updatesonthefirstmeetingoftheChanhassenartscouncilandhistoricalcommitteemeeting
ADMINISTRATIVE PACKET Todd Hoffmanhighlighted itemsin the administrative packet
such as ballfield lightingand shelter plans for LakeAnn Park informationfrom St Huberts
Church and the Chaska Community Hockey Booster Club Chairman Stolarasked aboutcouncilfeedbackregardingtheplansforLakeAnnPark
Scharfenberg moved Danielseconded toadjourn the meeting All voted in favorandthe
motion carried The Parkand Recreation Commission meeting wasadjourned
SubmittedbyTodd Hoffman
Parkand Rec Director
Prepared byNannOpheim
2
48
CHANHASSENPARK AND
RECREATION COMMISSION
REGULARMEETING
JUNE26 2007
ChairmanStolar calledthe meeting to order at7 30 p m
MEMBERS PRESENT GlennStolar Tom Kelly ThorSmith Dan Campion Paula Atkins
JeffDaniel andSteve Scharfenberg
STAFF PRESENT Todd Hoffman Park and Rec Director JerryRuegemer Recreation
Superintendent Dale Gregory Park Superintendent SusanBill SeniorCenter Coordinator and
Tom Knowles Recreation Center Manager
APPROVAL OF AGENDA Danielmoved everybodyseconded toapprove the agendaamendedtomoveitem25beforeitem2Allvotedinfavorandthemotioncarried
unanimouslywith a vote of6 to0
PUBLICANNOUNCEMENTS
thHoffmanThistimenextweekwellbeactivelyengagedinthestreetdanceatthe4 ofJulyrdcelebrationonTuesdayJuly3andIllletJerrycontinueonsinceitsyourparty
thRuegemerAsToddsaidweareworkingveryhardonadailybasisgettingreadyforthe4 ofrdthJulyandweregoingtohaveagreatgreatpartycominguponthe3andthe4Wehavealotofscheduledactivitiesandwellgointoitalittlebitmoredetailcominguplateronontherdthagendabutweencourageeverybodytobetherenextthe3andthe4Wehaveavolunteer
sheettoo that wellpassaround and get everybodyinvolved with theevening so other than thatrdthwerelookingforwardtothe3andthe4
Stolar Okay And then anyother announcements Wehave the concerts
Hoffman Thursday Therestwo thatday BothLifetime Lyrics and a Twilight Tunes and
whattime is it noon
Ruegemer Noon to1 00
Hoffman Noon to1 00 and the Twilight Tunes starts at
Ruegemer 7 00 to8 00
Hoffman Andlast Thursday no one wasin attendance Theyhad agreat crowd
Ruegemer 250
49
Parkand Rec Commission June 26 2007
Stolar And thenwelltalk later about the comprehensiveplan meetings comingup later this
weekalso Busy time
Hoffman Its the peak ofthe season
Stolar Great
VISITOR PRESENTATIONS None
APPROVAL OF MINUTES Campionmoved Danielseconded toapprove the verbatim
andsummary minutes ofthe Park andRecreationCommissionmeeting datedMay 22
2007 aspresented All voted in favorandthe motion carriedunanimously witha vote of6to0
CHANHASEN NATURE PRESERVE DRAFTTRAILMASTER PLAN
Hoffman Thanks Chair Stolar members ofthe commission Tonight wehave with usGeorgeWatsonHesaprinciplewithBrauerandAssociatesandhellbetalkinginalittlebitBefore
thatId just like togiveavery brief introduction againtowhat thisparkland isall about and what
the project is about Some ofustoured this propertyin May We didntactually walk intothe
interior but welooked atitfrom a couple ofdifferentroad sites TheNature Preserve area is 110
acres Its thelargest tract ofpublic openspacethat isa park preserve in ourcity that isownedbythecityitselfThereareacoupleofothersTheArboretumwhichwouldhavealargerpark
preserve intheir area Minnewashta Regional Parkwould have an area a goodsize And then
alsodown in the Minnesota Rivervalley youhave boththe Minnesota National Wildlife Refuge
and then the Raguet WildlifeManagement Area Butthis is very closetothe centerof
downtown Its an area whichIdontthink a lotofpeople understand exactly what itrepresentsjustasyetOnenoteofinterestisthatduringtheHighway5corridorstudythiswasidentifiedas
avery important viewwindow Viewshed off ofHighway5 It wasone thing the corridor study
wanted tomaintain was not just buildings buildings buildings alongHighway 5 and sowe it
was 7 15 yearsago that that corridor studywas approved It wasntjust talking about should we
have car dealerships Should we have hotels but what kindofnatural area should we have andthepeopleworkingonitatthattimethoughtthatthiskindofviewshedorwindowoffofthe
corridor wasvery important tomaintain thecharacter ofourtown For the historically over
about 10 to12 yearsfrom 3 separate parcels themost substantial was a donation on theeast side
of57 acresfrom Betty OShaughnessy and hergroup Theydeveloped the townhomes on the
corner and thendedicated therest througha donation tothe City ofChanhassen Thats whatstartedtheassemblyprocessTherewasasmallerchunkonthebottomhalfthatcamewiththe
housing development and then thewestern portion camelast and that was with the Arboretum
Business Park and alot ofpeople along that10 to12 years workedvery hard and saw the value
in preserving this area Former Mayor NancyMancino workedveryhard on thewestern
acquisition with thedeveloper whowas abitofa character atthetime and didnt would havepreferrednottohavededicatedthatmuchlandWetookfullparkdedicationandthenwealso
used sometax increment financing tobuyadditional land Thats the OakWoods which ison the
westside Sothen along timein the acquisitionand theacquisition ofthe parcels Theone kind
ofdebate thatcamein the middle ofall thatwasthe CoulterBoulevard extension sotheresa
2
50
Parkand Rec Commission June 26 2007
road throughthe middleofthis 110 acresandatthe time that road wasproposed not everybody
in thecommunity believed that thatwas the appropriatething todo toput that roadthere AndsotherewasaconversationadebateatthattimeatthecouncillevelAttheParkandRecreation
Commission level and atthe planninglevel and the roadin the end went through Were going to
nowuseitas an asset for thedevelopment Useitas a location for a trailhead thats comingoff
ofthere And then theres alsosome trails and what theroad does itbisects or dissects the
property but italsoallowsfor different types oftravelthroughthere soyoucan take differentsegmentsofthetrailsystembyutilizingthetrailalongsidethatroadThemasterplanningofthe
entire project nothard tobelieve thatatonetime there was aplan for ballfields in this area
because we werein the middle ofthe 70s and 80s softball crazeand soIhave a plan on file
upstairs thatshows ballfields in this property Its probablynot an appropriate usebutitwas
proposed After thatkindoffaded away the focus went tothis 2 mile trail Thats the2 miletrailallthewayaroundtheoutsideofthisareaandthisisreallyatremendousrefugeforavariety
ofwildlife and whatyoure going tofindis not onlythe residents inthe area that canaccess itby
walking from theirhome orbiking from theirhome butwe think thatpeople from outsidethe
immediatearea willdrive tothis locationand thus the proposal for that trailhead Sothats the
generalintroduction IllletGeorge nowget upand go over the master planning that takes onthroughmostrecently
GeorgeWatson Thank youTodd Mr Chair members ofthecommission My name isGeorge
Watson with Brauer and Associates and Ihope youcanseethis Thesmallmap in yourpacket
aswell asother information Well Ithought Todds introduction wasrather interesting That thisparcelwasactuallyseensopeopledrivingbyat60milesanhourcanhaveaniceviewOur
objective here istoget people out ofthetraffic and intothe park and todo that wewill be having
some trails The City hasasystem oftrails thatalmost circumnavigate this site already All the
wayaround Coulter Boulevard and alsoover here on Century The object is tomakethe final
connections so there areroutesand thetrailmaster plan hasbeendeveloped really in twophasesandbotharerepresentedonthisplanandIllexplaineachThereweretwoprimary
considerations inlocating the trailand onewasuser experience and the other was
constructability Theproblem Ithink with Phase Iconstruction wellcompletethis loop and it
will provide youwith a perimeter system Youlladd 2 additional access points over on Century
there One here and onehere The loopitselfthatwereadding will increasetotal length oftrailinthisareathesetwopiecesoftrailby3400linealfeetThelongestloopthatwillbeincluding
the existing trail whichyouhad here will be 9 300lineal feet or1 75 miles Soyouve got a
pretty goodhike around this nature preserve The trails are going tobe 8 foot wideand theyllbe
pavedwith asphalt There is asmall bridge needed atthis location Theres a wetlandup here
thats perchedand itdrains toa small stream downintothe lower area Its really quiteaninterestingthingthatIthinkthebridgewilladdsomeinteresttothetrailWhatwecallTrail
West islocatedright attheintersection oftwotrails comingfrom CenturyPlace and really what
thatis is anice littleclearing area We canplace someseating and the will be somethingfairly
naturaland will be It will alsoinclude informational signage andinformational signage could
consist oforientation Maybe theresa map showing people howtoget towhere theyre goingThatandinterpretationThisisanaturepreserveTherearethingstointerprethereItwouldbe
niceto pointthem out sothe citizens haveafeel for what this piece ofland is all about Several
sections ofthis trail because this is ratherhilly through here will require some low retaining
wallsandthe reason were suggestingthose isreally tominimize thegrading andthe loss of
3
51
Parkand Rec Commission June 26 2007
existing vegetation We wouldsuggest thatthe walls be builtout ofnatural stone Future
improvements include asmall parking lotin the west sideofthe park just off Coulter Boulevardrightinthisareaandthatwouldbefor8to10carsTherewillbeatrailaboardwalk
connectionacross this wetlands tothe primary loop and that addition isreally going toadd a lot
ofvarietytothe trailasfar asuserstothe wetlandecosystems contained on the site and its
really something thatwill get themdown tothe ecosystem sothey can get a close look atit Ad
additional nodes inthe finalphasesofitand the nodes arethesegreen dotson here and thoseareplacesandareaswhereinterestingecosystemscometogetherEcosystemsedgesandorinthe
case ofthisparticular nodetheres a nicewooded wetlandarea with a smallpond Theyreall
situatedin areas where theyre upland They reinterestingin terms oftheir views and would be a
real opportunity for people toview wildlifeand view those sortsofthings Sothats really the
sum and substancetothe plan Its afairly simple plan It is amajor stepin terms ofdollarsexpendedtocompletethecirclebutIthinkitiswhatsgoingtomakethisavailabletothepublic
AndI think youall have a copy ofthe estimates and itis broken intotwo phases Thisis a
questions on the answer questions on anyofit
Smith Now wasthere anyconsideration made for additionalsignage around morethe perimeteroftheloop
GeorgeWatson More signage no
Hoffman Wasntapart ofthe scope ofthisparticular section We masterplanned this sectionWecancertainlytakealookatthatinthefutureforanyadditionalinterpretativesignagearound
the edgeofthe pond
George Watson Right Ithink thats an excellent idea especially atthe pointsofentry
Smith Justtodraw people in and maybe give them an overview ofwhatis insidebecause they
may neverget tothose four nodes in there
GeorgeWatson Right Theassumption isthata lotofpeople would drive tothis park would
windup here and thatthe neighbors would know but Ithink havingsignage
Daniel Any consideration atall Todd within the planfor markers Otherpoints as far as half
milemarkfrom a trailhead Kind ofshowthe distancesas far as howfar youvegone toacertain
extent TheonlyreasonI bringthatup isbecause obviously theyretiedtoLifetime and alotof
the alotofthat will actually be used by Lifetime Fitnessmembers Sotheycankindoftime dosomepacingandsolikethehalfmilemarkOnemilemarkOnequarterwhateveritmaybe
GeorgeWatson Iwould suggest youmaybe think about doing thatrighton thepavement
Daniel Yeah Imean atanypoint Ithink as long as there ssome sortofreference
Hoffman You could doitin the pavement orin the mapping We havent ourtrailplan is fairly
extensivebut pretty basic Wevehad a lotofinterest or some interest in signagethroughout our
entire trailsystem and for interpretations throughout ourentire trailsystemand for just what
4
52
Parkand Rec Commission June 26 2007
youretalking about Peoplecall and sotodatewevepublished the mapwhichhastwo scaled
drawings sopeople cankindoffigure that out Butall ofthose thingsarethings weshould talkaboutIsitavalueonthissiteAndifwestartitherearewegoingtodoiteverywhere
Signage is abig one If yougotoMinnetonka the City ofMinnetonkatrailsystem theyllhave
acomplete signage package in their entire trails Its just oneofthose thingstheydo and weve
stepped back from that and saidno If we start putting signs up on ourtrailsystem were going
tohave a thousand signs out there tomorrow and do we want tomanage that Dowewant tomanagedogstationssothoseareallvalidconversationsweshouldhaveasacommissionand
we needtodecide arethey worththe investment in time and maintenance Or dowelet you
know the user themselves trytofigure out what the routeis and howlong theyregoing
Smith The bridge thatyou number9 What isthat whatwould thatlooklike What willtheconstructionofthatlooklike
George Watson Oh atthis point its fairly conceptual It could looklike just about anything but
Iwould see itbeingfairly low flat Perhaps awooden bridge in keepingwith the theme ofthis
is thepreserve Imean youcertainly couldgo toapre fabricated core ten type bridge Ifthatsanacceptablealternativethatsawayyoucoulddoitaswell
Hoffman Something like atLake Susan Something like that
Stolar Other questions Paula
Atkins Stairways Isthatproposedoristhat
George Watson Well a stairway is included in this locationbetween theseloopofthis trailand
one ofthe things that wefoundis that people will take thestraightestpossible route they can togoanywheretheywanttogoeveniftheyreouttogetexercisesoifyouregoingtogivethem
andthis isa fairly steep slope were suggesting that thatbe accommodatedwith a set ofsteps
Itsbetter to on top ofthe hilland theyseethe trail
Stolar And thats inphase Thatsproposed
Kelly Whats the reasonfor the two almost paralleltrail
George Watson Imgladyouasked Are youtalkingabout thesetwo
Kelly No Imtalking actually thosetwo Yeah both actually
GeorgeWatson We lldo both becausethats a goodquestion This one in order tomakethis an
accessible section of trail youreally need tomake this a sloped trail Slopingup this way You
cantmakeadirect connection like this sothatswhy its shown But wereshown itthis waysothatapersonatthispointcanmakeachoiceastowhichdirectiontheywanttogoYoumay
decide thatyouonlyneedoneconnection whichis certainly possible but its a methodof getting
up the hillatareasonable grade Socomingup the slight slope
5
53
Parkand Rec Commission June 26 2007
Kelly Okay Andifthats true thenwhy would youneedthe red IguessImconfused why
youstillneedtwo
George Watson Well this is phase II This may or may not happen
Kelly Okay
Hoffman Andthe Phase Iisin the upland Its really itsup on top ofthehillwhere we want
thatexperience
Kelly Okay
Hoffman That other trailismore down on the lowsidein the wetland Whatwere after is
getting people intoadensely forestedarea for an experience thatwe really dontofferanywhere
else in ourpark system on atrail Welooked atthatjust going letsjust take thelow route but
the low routeis moreofkindofwhatIcall awetland trail Wehave alotofthatexperience in
town
Kelly Okay
Hoffman Could we go with wood surfacingon that secondphase Would itbeappropriate or
not
GeorgeWatson Downhere
Hoffman Yeah
George Watson You could Its more ofhowmuch maintenance youwanttodeal with
Hoffman Because aboardwalk
GeorgeWatson Depends too I shouldntbe quite soglib More ifits been used on anykindofaslopegetsslipperyEspeciallyifitsinaforestedareawhereyoumighthaveSoIthink
youhave toplaythat byear and seehowithappens but theseboardwalk wouldbe wood At
least in myestimation Soyouwould have thatwood experience here And that wouldbe a
floatingboardwalk At certaintimes ofyearthere mightbe water under itatcertain timesofthe
yearand there might not be any Theyhave atendency tomove alittle bit TheyrekindoffuntowalkonAndthiswillworkwithfloatingat8feetwidesoitsnotlikeyouregoingtofalloff
itbutit does ithasa tendencytodo alittle more ofthis Soitssomething thatallowable in
terms ofpermitting The DNR a boardwalkifyouwentto apermanenttype boardwalk youd
have togo through a long permittingprocess tobe able toinstall that so Also most ofthe
communities we work with when we approachaboardwalk itsa floatingtypeboardwalk
Daniel Any concernsatall about winter freeze on the maintenance orthe upkeep Longevity
6
54
Parkand Rec Commission June 26 2007
George Watson No Actually arentaffected Imean theyreshaped like this and ifthey
would be sitting inthe water ifthe icefroze they gradually kindofmoveout WeveneverhadaproblembeforeIvegotadockatmycabinIleaveinyearroundanditfreezessolidandits
neverbeen aproblem Theonlyproblem the onlyplacewe everget thesethings and thatwas
about 30 yearsagothatwe did that and we did have a problemwithmuskrats But that was
before theyused polyethylene Now with polyethylene floatsyoudonthave thatproblem To
get back toyour otherpointabout the second split in thetrail here aretwo options really This isprobablytheeasiestfromthestandpointoftheyrealreadybeingalmostaclearingforthetrail
but itisone getsout intothe developers property and a little bit furtherso welookfor an option
where youcouldputa trailin without actuallygoing too far out oftheproperty Sothats the
reasonfor twolines there We would suggest that this be followed the mainroute thered route
be followed but ifyoudid place thaton the developer youd have an alternativeroute
Stolar Question for clearing you puttrailclearing 25 foot is thatacross the entire red
GeorgeWatson we would certainly try not todo that but ifyouhave a need for a trailthat
youre going towant topave her down youre probablygoing tobe a minimum of15 feet Justtogetatruckandpaverthrough
Stolar How much loss do we think were going tohave there Iknow yousaw somereplanting
natural grass Idontknow where thatexactly would be
George Watson Right Therewould be some areas where youwould do reforestation Even
though this shows thespecific route and itsthe route that we feel wouldwork the realway to
do trails istoget out there with stakes and ribbons and walk the woods and judgethe quality of
the treesatthe time that itsconstructed and laythe trailin that manner This is a good
approximation Thisis where wefeelthe trailwould fit today the best we couldfinditbutwhenyoureactuallyouttheremosttrailsthroughwoodedareasarebestdonebyjustsimplywalking
out there and atthetime staking the trail Looking atthecondition ofthe trees Bynextyear
there maybe a change in the treesas weget ashbore comethroughoryouknow chestnut bore
orwhatever Conditions ofthetreescould change and the route might be better placein another
location Butwedid laythisout and we laid itout on auto cad orspentsome time outon thesiteandwethinkthisistodayagoodrouteandIknowToddwillbeprobablyoutthereinthe
meantime checking uson itso
Stolar another question that we alwaystalk aboutpartnerships If we do decide totake a look
atsignage Ithink we wouldwantto Iknow they arentnecessarilyjumping intojoin us MaybeLifetimewouldbeinterestedinsponsoring
Hoffman You bet Absolutely
Stolar Put their little logos on themor just put a color wechoosetodo italongtheinterpretativesignTheycouldadoptourwholepark
Hoffman Yeah their customers arethereon a daily basisalready sothey know
7
55
Parkand Rec Commission June 26 2007
George Watson Thinking ofrenaming this is the Lifetime Preserve
Stolar But we certainly wouldallow them tohave their name in variouslocationsout there But
thats thetype ofpartnership in thisprocess that might provide uswith an opportunitytowork
with them
Hoffman Those membersof thecommission that are out there atLifetime start thoseconversationsandwellinitiateitaswellaswemoveforwardbutifyouvegotinroadsintothose
organizations youknow go ahead and start that conversation and bringthat Lets talk
specifically about the mechanism ofhowthis trailis being built Througha development
contract It talks about the second tothelast or the last paragraph The industriallotthatson
the westside isfinally beingdeveloped Its being splitin halfand theyregoingtobuild abuildingonthesouthhalfAndthedevelopmentcontractwiththecitybetweentheoriginal
plattingentity for this property the Gateway Partnership the development contract says youwill
dothis and theCity willdo that sooneoftheir agreementsis thattheyllbuild this trail Well
reimburse themfor the cost ofthe trailand thena 10 administration fee for thattrail Soweve
beenwaiting for whats called Lot 12 Arboretum BusinessParktodevelop Now its in fordevelopmentThedeveloperwhosbuildingthebuildingisverypleasedwiththistrailplan
Heshappy tobe associatedwith the project sothat sa goodstart We need tosit down with now
directly and with their development theirproject manager totalkabout this trail The reasonwe
brought Georgeand hisgroupin is because thisis goingtobe a little bitmorecomplex thansay
the HolidayInn Express trail The northbuilding Thats the lastsegment webuilt It wasntverycomplexWhenyougothewallhadtogoinalongHighway5andthetrailhadtocomeup
around thebuilding butin this casewe wantedtoget the master planningdonesowhen we sit
down with the contractorswe have some sense ofwhere weregoing with this trailand sothats
wherewereat Theyllbe building itthis summer and wellbe writing themacheck probably
later on this year or early nextyear and thatwill comeout ofour park dedication fund and sowerenotsurewherethecostwillcomeinbuttheestimatesthatwehaveforPhaseI317000
giveortake and soitsmore orless a 300 000 trail Its nota in ourpark systemthat comes
alongvery easily We dontdo awhole lotof 300 000 projects soitsa significant investmentin
ourtrail system and wewanted todo itright sowe appreciateGeorge and his group and want to
hear your comments againthrough this meeting and then welltakeitfrom there and build itwiththedeveloper
Daniel Todd within ourCIPplan where does this fallwithinthe budget Is this closetowhat
we had budgeted for
Hoffman Imnot sure ifthis section is in there Sometimes thedevelopment contract pieces
theyre notbudgeted becausewe dontknow whentheyre going toshowup so
Daniel Okay gotchya
Hoffman Andsotheyre outsideofwhat weve got going on and we may not
Kelly Ithink we havethe Arboretum trail
8
56
Parkand Rec Commission June 26 2007
Hoffman We might havethis in there
Stolar wewould have noticedthatbutyouvementioned itbeforethatonce itcomesin well
reallylookatit
Hoffman Jerry will grabthe CIPbook and welltake alook
Stolar If itwasntin there wecertainly talked about itoftenthatitwas coming up
Hoffman 175 rings abell
Stolar Yeah somethinglike that
Daniel Imtrying togothrough the mentallist ofwhatlast years CIPwas and its beenawhile
so Iwas justcurious Imean noneofthat stands outand thenwhenyouseethe second phase
none ofitwillstand out But obviously youknow 60 ofthatcostofthe secondphase is
dedicated certainly tothatboardwalk so
Hoffman Thesecond phase couldbe split intophases again You couldbuild the parking lot
whichI think isimportant without the boardwalk Boardwalk iskindofa specialtyyouknow
Its I alwayslike tosay citiesare going tolive forever Park systems this is going tobe around
for along time soifsomebody wants tobuild aboardwalk 30 yearsfrom now theycanbuildaboardwalkYeahtheresalotofdifferentkindsofboardwalksbutitdbesimilartothat
Atkins The Arboretum hasboardwalks
Hoffman Phalen Park Preserve and many ofthe nature centers around
Kelly Can Iask one quickquestion When yousaid1 75 miles would thatinclude theHoliday
Inn portion oris thatstrictlysouthofCoulter
George Watson Thats this wholeloop
Kelly Okay soyou areincludingHoliday Inn when youdo this
George Watson It willbe the longest
Stolar So ifyouwentnorth ofCoulter aswell Imean because theyve got
George Watson No Ididntinclude that
Stolar Did we have itin there
Hoffman Yep 190 000 and its slated in 2011
Daniel We missed itbya few years
9
57
Parkand Rec Commission June 26 2007
Hoffman And afew dollars What happens nowwith the contractis that theyhave tosecurebidscompetitivebidsjustlikewewouldandthentheyhavetosubmitthosetotheCityandwe
review those
Daniel ButI dobelieve Imean obviously the cost beingwhat itis I meanthis isa tremendous
investmentfrom the citystandpointaswell asthe communityso Ithink itwillbe agreatadditionImeanreallyoneofthethingsIvealwaysmentionedthatIthinkChanhassenis
missingin their park systemis a true loop that people cango to Do the have a placeor a source
togo back toand thenhead out
Stolar Any other questions orcomments
Campion If Lifetime wasinterested in kindofadopting this and putting signage up theymay
wanttolookatsomehow stretching thiswhole loop tolike an even 5Kor somethinglike that
Maybe we shouldcalculate with the upper portion and iftheres anyway toadd alittle bitofa
zig zagin that toget ittolike a 5Kloop or pretty close
Stolar Or go totheirarea That was one ofthe things Iwaswondering they may want toputit
by their new office
Hoffman From door todoorwe could measure itout
Stolar Iguess the one thing comment thatI wouldlike toadd isthat obviouslyI think its a
greatidea and the morewe cankeep itnatural setting like butstillmake itas functional for the
runnersand peoplewhouseit wouldbe great Imean itsgoing toenhance somuchand the
usage is going tobe tremendous Soits great Great idea Anything else Is there anyactionweneedatthispointItwouldonlybeoncetheIguessnoactionperiod
Hoffman Well action if youwanttochange somethingabout the plan This iswhat were
going tomoveforward and communicate with the contractor Werepresenting this toyouas a
working document thatwewill takeand move forwardwith If youwould like toamend it
Stolar They did something on the southsideofthat lotthoughyousaid
Hoffman Yes
Stolar Sois that a pondthere
Hoffman Yep
Stolar Sotheyre just off thatpond Justabove it
Hoffman Quite a waysabove it yeah
10
58
Parkand Rec Commission June 26 2007
Daniel So willthat be the main buildingitself on the southside where Imgoing toguessa
parking loton the north sidethenHoffmanTheparkinglotisonthesouth oftheirsite plan They split the lotjust about down the
center Theirbuildingfrontson thenorth sideofthelot Theirparking lotcomesin here and
then this will be soldoff asan additional propertyin the future
Daniel Okay
Stolar Sothey wouldhave no problems with wherethe red trailisasitstands nowwith their
site plan Okay
Hoffman Part oftheir approvalprocess mandatesthat where weputthe trailon theirpropertytheygrantusthateasementforthatfuturetrailconstruction
Stolar And again that wouldtie inwhere they their vision ofwhat they want todo with the
propertysometimes conflicts here
Hoffman It doesntsoundlike that with this particular applicant Theywant toturnthe back of
the buildingintosomethingwhere theyhave a break area thatcomes directlyintothe trailsystem
so their employeescanuseitbefore orafter work orduring lunch
Daniel Who is movingin there
Hoffman Yeah its anotherplastics company What do theymake Plastics orchips Ithink
its chips
Stolar Okay seeing no other comments thank youvery much George Appreciate itand thankyouTodd
DISCUSSION REGARDING COMPREHENSIVE PLANUPDATE
Hoffman Thank youChairStolar membersofthe commission As youre awarewere inthemiddleofacomprehensiveplanupdateNotjustatthecitylevelbutGeorgeandIweretalking
about the Countyis alsogoing through that Metropolitan Council mandated updatesfor 2030
Our current compplan goes out through 2020and sobefore wereach that timeframe we move
up another 10 years The openhousesarescheduled tomorrow evening atthe libraryand then
Thursday evening atthe Chanhassen RecreationCenter We have beenworking withHoisingtonKoeglerandtheirgrouponupdatingoursectionoftheparkandrecreation plan
Wellgo oversomeboards once Ifindouradmin number 2 Thanks Jerry There yougo AsthyourecallonMay17weheldaworkingmeetingtokickofftheupdateoftheparkand
recreation section You have thisdraft document thatareattached tothis plan Wellbringout
the largeboardshere inthe section ina second We have 5 boardsthat youregoingtobeworkingwithasacommissionandstaffattheworksessionandtheyincludetwoboardsfor 15
conditions They have botha mapand this is a proofcopy which isbeing updatedalmost daily
since its been produced and sowerestill changing things Adding in Wedidnthave afuture
offleash dog area inthere We thought that wouldprobably be the numberone question atthe
11
59
Parkand Rec Commission June 26 2007
comp plan meetingsowe wanttomakesure thatthatwashighlighted Werestilladding trails
Werestill changing mapping butthis is abase document thatwe want tousetoinform thepublicwhentheyrecominginaskingquestionsIlivehereThisiswhatIhavenowformy
neighborhood Iusethattrail Igo tothatpark You knowhowarewe going tousethat and so
we cango farther thanthat What arefuture plansfor that particular pieceofproperty And so
this is anexisting conditionsmap Second part ofthat isthe textthat goes along withit Some
ofthe photo images and talksabout theChanhassen parksystem What we are Fivecommunityparks22neighborhoodparksTherecreationandseniorcenterOurrecreationprogramsand
thenitgoes intothe 275 acreswe havein nature preserve We just talked about one ofthose the
ChanhassenNature Preserve Goes down to we have 55 miles ofasphalt trailsbut ifyouinclude
the sidewalksin that wehave an 80 milecitytrailand sidewalk plan Andthen ittalksabout the
regionalpark facilities Ithink thatsimportant tonote Its one ofthe things thatmakesChanhassensuchaninterestingcommunityisthatnotonlydowehaveacitytrailparksystem
but wehave the regional park the Arboretum and then golfcourse facilities and then the wildlife
managementarea Raguet Wildlife Management Area and sections ofthe Minnesota River
Valley National WildlifeRefuge Wehad onesection ofpinkon here for golfbut we had toadd
two more This iskindofgetting tobe alittle golfMecca downthere with theHalla GreensaddedandthenGolfZoneSoyouvegotHallaGreensGolfClubandtheBluffCreekGolf
Course soall three ofthosearedown there It alsotouches onour history The existing talking
about ourreferendums back in 1969whenLake Ann started In1988 whenthe voterspassed a
bond topurchase the Bandimere Park property and then the expansionofLake Ann And then
in 1996 the largestreferendum held todatein the citywhichconstructed BandimereParkremodeledCityCenterParkadded7milesoftrailsandthenwedidworkoutinthose22
neighborhood parks atthetime Sothats what we have togivepeople some bearings Then we
moveintofuture possibilities Againthe mapping will help people talk about what arethe future
possibilities All the boxes correspondtothe textversion on theother two boards SoIthink if
people approach ourbooth theyllwant tolookatexisting Thatsreally what wewant toinspirethemtodoisletstalkaboutthefutureWhatdoyouthinkoftheparksystemWhatdoyou
think ofthe city What do youwant tosee happen inthe area ofpark andrecreation And then
we take themtothis board and start talkingabout the futuretrailconnectionsand ideas for parks
The ideas for separate crossingsand rec centerexpansion and futureballfield expansions So
each one ofthoseitems on thatmap is represented on theseother twoboards Sogo downall thedifferenthighlightsandthenwehaveaspotforthemtowriteontheboardIencourageyouto
get people towriteright on this and so give thema pen Geta pen in their handand have them
writetheir ideas down They can write mark up the map You know this trailinhere youknow
itstops there Make thosekindofcorrections to These documents will go forward and be
incorporated inour mappingfor our compplan Incorporated intoourmapping for ourtrailmapthatisproducedAndsothesearethebestdocumentsthatwewillhaveinourplanforthefuture
ofourcity Two nightsofcomp plan meetings Wednesday and Thursday Staffwillbe present
atboth Theconsultant Bill Lathamwhohasbeendoingthis work from Hoisington willbe
there atthelibrary tomorrow Its notin ourcontract with themtopaythem onThursday sowe
need coverage from thecommission ifyoureavailable tocome both nights You donthave tocomeindividualoneachnightbutifwehavesomecommissionersonenightSome
commissionersthe next Ithink thatwilldo acouple ofthings It willengage youwith the
public Give youan idea ofjust hear whattheyrethinking Thatsone ofyour primary jobs asa
12
60
Parkand Rec Commission June 26 2007
commission is tolisten toyour constituents Your neighbors and thenpass on thatinformation to
the CityCouncil Obviously the comprehensive planis the best way andthe highest
Daniel Whats the anticipated turnout
Hoffman Hopefully 100peopleanight
Daniel Andalso time on Thursday What time
Hoffman 6 00 to9 00
Stolar Its on ifyoulookJeff the sheetthathasthe
Daniel Oh there itis
Stolar Todd recommended thatearly hours might be the moreimportant ones sowelltalk in a
little bit about seeing what Ido have a question Iknow westopped last year and maybe theyearbeforedoingthebusinessfairTheChamberbusinessfairWoulditmakesensethisyear
tohave something Iknow itshard Imvolunteeringtime for otherssince Iwontbe herebut
post those highlight themsopeople can and maybe you canjust Ithink maybe atourbooth
Daniel Ithink thats a greatidea
Hoffman Sure just havethem available so youcantalk topeople
Stolar We couldput itin the raffleboothor something yeah on the othersidewhere we have
the tshirts
Hoffman We couldmake a kindofoverhead sign You know comp plan update and process
Havequestions talk tocommissioners
Stolar Other questions about the materials or Andyouresaying youre stillmaking someupdatesbeforeThursdayonthat
Hoffman Yes
Stolar The one thing maybe for my eyes thesepinkand blue light things arehard for metoread
Hoffman Okay
Stolar Idontknow howthey Idontknow exactlyhowthey appear on the board
Hoffman Onwhich map
13
61
Parkand Rec Commission June 26 2007
Stolar Letssee Ifyoulook atthe future Sosome hasthis blue atthebottom Thats just a
little harder toread
Hoffman Yeah theseare thesecopieswill be much thatcopy isbetter than this and the one
weregetting isbetter thanthat
Stolar Okay And then Ithink itwas that one had the pinkup there Anybody have anyotherquestionsOrcomments
Hoffman Thats great Wellseeifanybody else points itout The onething tonote isifyou
start tolookatexisting wealready have with the additionofthe twonewunderpasses 1 2 3 4
5 6 7 underpasses 8 underpassesin the city now Trail underpasses 3 up inthe area ofHighway5TheresoneundertherailroadtracksTherestwodownatthe212BluffCreekand
then the newoneis being builtright now shouldbe openbythis fallunderneath Highway 101 at
Lake Susanand RiceMarsh And thenyouhave the one on Powers And then thesingle
overpass which isshown inthe wrong location Its getting moved over
Stolar You know the future ballfields Whereare weatwith that discussion Sois this
premature totalk about thatin thattype oflocation
Hoffman No Ithink seeitsbeen changed Yeah 5 c is well its shown on here Oh2 b
Additional athletic fieldcomplex locationsouth of We think its going tobe southofLymanBoulevardifanywhere
Stolar Okay Is there anyprogress in thatdiscussion
Hoffman Not the public but its moving along Should we talk about scheduling
Stolar Sure
Daniel Ijust have one morequestion Lake Susan do wewant tohave a discussionabout the
expansionofpossible or evaluation or investigation ofparks Do wewant toputthat on there aswell
Scharfenberg Soimprove the ballfield atLake Susan 2 d
Daniel Oh there itis
Hoffman Notall oftheseon the transferred over because theresnot room
Stolar Jeffwill cometherewith hislittlepictures ofsomeofthe other ball parksin the area
Hoffman Ithought Jilldid a goodjob shebroughtall the comments forward from the meeting
thatnight and putthem on the plan
14
62
Parkand Rec Commission June 26 2007
Atkins Soyouwant people torespond by writing right on the board Is there other thingsfor
them towriteon Sheetsfor themtofill out
Hoffman Yes they have sheets tofill out Absolutely Therellbe sheets ateachstation I
thinkours isgreen
Scharfenberg Icould doalate shifttomorrow night
Hoffman On Wednesday
Scharfenberg Yeah
Atkins Icandoan early shifttomorrownight
Daniel Icould doan earlyshiftThursday
Campion Icould doa lateshiftThursday
Hoffman Great
Stolar Icould do early or Icoulddo either one tomorrow
Hoffman Okay wehaveDan Jeff Paulayoure early Wednesday
Atkins Early Wednesdayand I cando early Thursday too ifyouneedmeorwant me
Hoffman AndSteve and Glenn
Stolar I thoughtyousaid youcould early Wednesday
Scharfenberg Which is tomorrow already
Hoffman SoWednesdaysdone We have 2 early and late And 2 early and 2 late and then
Thursday we could add onemore either session ifavailable If not thats finetoo
Smith I might be abletodolater Thursday
Stolar If wehaveJeff and Paula for Thursday early If Paula
Atkins Yeah Icandoit
Stolar SoIthink thatwould cover us
Hoffman And lets split itbysaying 6 00 to7 30 and 7 30 to9 00
Stolar That sounds good
15
63
Parkand Rec Commission June 26 2007
Atkins Great
Hoffman Andthe library thats Wednesday again Tomorrow night its inthe WilderRoom
Andatthe Rec Center the main meeting room Thank you Its obviouslymid summer Its
Wednesday churchnight and ballgames soyouknow itshard tosay we talked about ittoday
Kateis hoping for 100 people a night It wouldbe one ofthosethingswhere youwould hopethatlotsofpeoplewouldcomeoutandparticipateintheplanningoftheircitybutitdoesnt
always happensowellsee howthe participationgoes
Stolar You knowwhat Iwas alsothinking Iforgot todo thison Saturday we were atthe Lotus
shelter there Is there Idontknow howmuch time youwant but isthere a way topost letssay alaminatedoneofthesesmalleronesifitsjustalittlesayingpleasesendemailtoChanhassen
with anycomments
Hoffman Sure
Stolar And post that on a couple ofthe shelters like Lake Ann LakeSusan MaybeNorth
Lotus If itmakes sense
Hoffman Well itmakes sense Maybe notfor theopenhousesbutthe public hearings aregoing
tobe later this fall
Stolar To thosepleaseattend and usethatasadvertisement
Hoffman Absolutely
Stolar Idid talk toa few people about iton Saturday Ofcourse theyre all from Minnetonka
so
Hoffman Yeah becausethats where youknow youllpickyour customers up atthe parkand if
we get some ofthose out itworks verywell for ourplayground program and other programsYougetacaptiveaudienceTheyreinterestedintheparkObviouslytheyrethereandthenyou
postthat sign itsa goodidea This weekmaybe not though Jerry
Stolar Thanks
2007 FOURTHOF JULY CELEBRATIONREPORT
Ruegemer Yeah actually wecanmention John wedid hire areplacement for Nate Rosa John
Stutzman Hes not heretonight but his John startedyesterday and were very very pleased to
have John with us John hasworkedwith usthe last 2 summers Actually a seasonal type oftemporarysetofpositionHealsokindofpickedupyouknowkindofworkhereandtherefor
uswith school dayadventures and other types oftrips that we had planned Hes kindofwas our
go toperson for that Most recentlyhes with the City ofLakeville and he was hired part time in
March and worked pretty much 25 to40 hoursa week with themleading up tothis so Nates
16
64
Parkand Rec Commission June 26 2007
thbeengonesinceIthinkMay18 and John startedyesterday sowerevery very pleased tohavethhimworkingandhesbeenthroughtwoother4ofJulysalreadyThisishisthirdsoreallyhethstartedyesterdaymorningandhesalreadyansweringquestionsthatpertaintothe4ofJulyso
extremely happy that hes hereso
Atkins Whats hislast name
Ruegemer Stutzman
Atkins Ivegot questions for him
Ruegemer Hisdirect extensionis 227 1122 Sowevebeenreally meeting quite a bitand wealsomet2or3timesafterhewashiredandbeforehestartedeitheratmyhouseoratothertypes
ofplaces and talkedquite a bit before he startedjust tokindofkeephimup todate with the
progress thatweve beenmakingwith the celebration Wevegonethrough all the scheduled
events Weve been really on the hourly basis been going over alotofdifferentthings with the
celebration Wevebeen meeting alotofpeople during the courseofthe dayreconfirming andconfirmingalotofdifferentcomponentstothecelebrationHadanotherparademeetingtoday
going through all the kindofdetails for that Meetingwith power people and all kindsofpeople
here inthe next couple days Working really hard with seasonal staff tomake sure thatthey
know what their roleis going tobe for the celebration Dales crew hasbeen working
unbelievablyhard for ustomakesure thatthe celebrationis asuccess and we alwaysthank themforthatSuesbeenofferinglikecrazyandTomsbeenansweringphonecallssoitreallyisafull
staff efforthereand we really appreciateeverybodythats involved with this Also thank youto
commissionersthatwillbe there helpingwith prizeboard and other types ofeventsfor the
celebration Wecouldntdo itwithout youguys either so BusinessExpo everythingis full
Soundslike thatwith the Chamber eventsoreally thetheme this year wasincrease capacity WeincreasedthetentsizestablesandchairsbathroomsgarbageImeanprettymucheverything
hasbeenincreased as tomake ourexperience enjoyable for peoplethatwill be attending We
certainly anticipate big crowds This yearwe really think with come back for the midday
weekand its going tobe really I think ahuge success Carnival vendors we have acarnival this
yearwhich is afirstthing for us Wevebeen having conversations with themtomakesure thateverythingisgoingtoprogresswiththatandwethinkitsgoingtobeaniceeventforthatFood
vendors Ithink Ihad 15 on there Ithink wereactually going tobe closerto15 or16 between
the RotaryTaste vendorsand thecity vendors that wecontract out sowellhave pretty good
coverage with thatsoa lotofthe components are the same Butwerealsoadding the Summer
SkateboardSeries Weve talked about thatin the past Justtalkedagain with Third Lair thisweekandtheyreextremelyexcitedtobehereWedohaveasponsorfortheeventMonster
Sports Drink will be sponsoring thateventso its going tobe a great event Theyre going to
supply all the judges The trophies Allthe informationand all the registrationthatgowith that
Theresno preregistration You just show up Matt Jewick ourskate park attendant hasactually
beentiming kidsout there toget themprepped and prepared for the summer series so we haveathletesintrainingoverattheskateparkonadailybasissohopefullywellhaveagoodshowing
for the MidwestMelee comingup herein the later part ofthe summer so Were excited about
the Thirdworking the lotwith the Rotary on adaily basis just tomake sure thatall thedetails are
covered from all aspectsofevents thattheyre sponsoring and were sponsoring Makesure that
17
65
Parkand Rec Commission June 26 2007
everybodykindofknowswhats goingon Wellhave a bigdiscussion tomorrow with the park
maintenance guys Theirstaff meeting tokindofgothrough manymoreofthe componentsFireworksareallinlineandreadytogoMetwiththefireworkspeoplelastFridayafternoon
Make sure we looked over the launch siteand all theinformation all the components werein
place for thatso Adult fishingcontesthasbeen filled for oh 2 3 4 daysnowsothats all full
Werestill takingregistrationsfor thekids soreally just a lotof alotoffunthings The
Shadows ofthe OldWest isnew this year that theRotary isgoing tosponsor Kind ofa funPaulasgroupwillbedoingtheTomSawyerreenactment
Atkins Can Iask about the Shadows ofthe OldWest Whos doing that Are they hiring
somebody oraretheydoing itthemselves
Ruegemer They hire a group todo that
Atkins Sothatmight be someone we want tocoordinate with sothey take a breakwhilewere
doing our littlebit
Ruegemer Dontwant shoot em up going on during thattime We met with JoeScott kindof
alocal musician Heis kindofcoordinating the concert benefitfor the music program for the
District 112 Met with himtodaytokindofgoover the detailsofthe tent Weregoing tore useththetentfortheseconddayonthe4andhavethatconcertgoingonfrom400to830withall
the proceedsgoing to beingdonated totheDistrict 112Music Program
Atkins Willthere be refreshments there
Ruegemer The beerarea willbe down during actually the courseofthe TasteofChan During
that time but Idontknowthat itsgoingtobe on during the concert itself We canlook intothatbutIdontknowifthatisgoingtobethecase
Hoffman Well somebodyshould do something
Atkins Yeah poporanything Otherwise Caribou willbe real busy
Ruegemer With that but then and then wellwrap itup with the fireworks atLake Ann And
weregoing over youknow differentparking plansand different kindof procedures with Carver
Countytomake sure thateverybodyis safe and uponexiting the park we have a plan tokindof
disperse people hopefully in atimely fashionand get themout ofthere so
Stolar Are yougoing torope off thenewrain gardens
Hoffman We cantalk tothe probablya goodidea Illmeetwith Krista and Loritotalkabout
that
Stolar That might deter people from walkingthrough it
18
66
Parkand Rec Commission June 26 2007
Hoffman And wellhaveparking attendants therebut hopefully yeah sothey dont And
Paula Illhelp coordinate that The Shadowsofthe West go they
Stolar Okay did youwanttotalk about signups atall
Ruegemer Yep sure would Imgoing topassaround the volunteer sheet Kind ofwhat were
lookingfor isreally the prizeboard area and t shirtsales and theres two times on there 5 30 to815and815toaround1100SoifyouguyswouldtakealookatthatAlotoftheotherareas
youknow like carnival games and thatsortof thing wellhave covered with a variety ofseasonal
staff and other people that we have available tousso
Atkins We donthave abooth in the tradefair
Ruegemer No
Stolar Didyoucall Jack and seeifhe wants tovolunteer
Ruegemer We probably should
Stolar Heprobably would ImeanJancomes back everyyear
Hoffman Cantstayaway
Stolar Okay Any other questions Ifnot we canmoveon
RECREATION CENTER REPORT
Knowles Thank youChairman Stolar My report this month Ivehighlighted therecreation
centersummer hours which we runthrough Memorial Day throughLabor Day Ive also notedththatwellbeclosedforourannualfloorresurfacingandmaintenancefromAugust19throughthSeptember4ThestaffingsectionthereIvenotedthatDannyMakespeaceafter8yearswe
think isfinally leaving the recreation center Isay that ina goodway because wellmiss DannyHesbeenagoodemployeeforusbutwithhissummerinternshipthisyearhellhavecompleted
his degreerequirements andhopefully hellfindgainful employmentin his chosen fieldsowe
wish the bestfor Danny Meanwhile in the summerwhile weareon reduced hours ourcurrent
staff hasbeen abletoabsorb the hoursthat he was workingbut wellprobablyneedtohireanew
part time person in thefall Theprogramming section asIwas writingthis Iwas youknow IcantsayIwassurprisedbecauseIkindofknewwhatwascomingdownbutIwasreallytaken
by what a large listofprogramswe had here and theprograms thatIvelisted arejust programs
that we are hostingattherecreation center Itdoesn teven include the Lake Ann Adventure
Camp It doesntinclude the Summer Discovery Playground Itdoesntinclude anyofthe events
atFourthofJuly Thesearejust simply programsthatwe will be hostingatthe recreation centerthissummersoIthinkitsaterrificvarietyofdifferentprogramsfordifferentpopulationsand
much ofitisput together byJerryand hisstaff up here atCity Hall and Ithink he should be
commended for the goodwork thathe does up herewith the programming and we just we try to
do our best toprovide a goodvenue for his programsout attherecreation center Onto the
19
67
Parkand Rec Commission June 26 2007
facilitynotes Ive hintedhere thatnormally during the summer ouractivity does decline a little
bit especiallyin the area ofroom rentals Havingsaidthat asIleftthe recreation center thiseveningtocometothismeetinghereourparkinglotwasalmostabsolutelyfullsoitsnotlike
things goaway entirelyduring the summer We dohave some slowperiods but theresplenty to
keep usbusy We had actually four differentgroups renting rooms tonightatthe recreation
center Wevegot acouple big meetingstomorrow Wehave the comp plan meetingThursday
so theres stuffgoingon out there eventhough normally itis alittlebitslower in the summertimethanthenormaltypeschoolyeartypeofcalendarThefinalsectionhereonmyreportis
the 2007 strategic plan June update Some ofyou commissioners willremember thatthis past
January we had a sortofbrainstormingmeeting here atCity Hall andout attheRecreation
Center all gearup tosortofdrum up more traffic through the recreationcenter Fromthose
meetingswe prepared acomprehensive strategicplan for 2007 Since then Ivebeen preparingmonthlyupdatesforToddWhatyouseehereissortofasummaryofwhatIsubmittedtoTodd
for the monthofJune What Ihave foundso far in the this yearin the strategicplan is thatits
sort ofa process Its a work inprogress Itsgood direction Itsa good goal toworktowards
Sometimesitseems like youtakeastep forward and a stepback butIthink itsall goodin terms
ofproviding somedirection and some areas ofemphasis thatwe cancreate inhopes ofcreatingsomemoretrafficoutattherecreationcentersosomeprogressisbeingmadeSometimessome
ofthe areasI still haventcometogether with anything yet butitslike Isay its awork in
progress and Ithink its a goodgoalfor usattherecreation center towork towards
Stolar Any questions for Tom
Scharfenberg Tom hows that Jazzercise thing going out atthe warminghouse Has that
worked out okay
Knowles Its Ivegotten sortofmixedreports from that The coordinatorthere sheseemstobeveryhappywiththespaceSomeofherclientsarenotashappyTheyfeelasthoughitsalittle
crampedout there Tonightthey were concernedhowhot itwas Soitssortofa mixed review
rightnowbut Tammy the coordinatorsbeen pleased and otherofher clientshaventbeen so
pleased sowell seehowthatall goes down
Atkins Is itairconditioned
Knowles It is not Wevegot windows openand fansblowing throughand Tammy isputting
on a goodspinon it She says well youcome totheseclasses tosweatsothats what wedoso
Atkins Sothey dontget tousetheroom with the mirrors
Knowles No Were going totry toaccommodate them duringthe winter months when the
warming house isobviously used asawarming house but during the months from March
through Decemberweretrying tokeep them
Hoffman Wedonthave topayfor them butwhen the warming house isused as a warming
house weregoing toput themin
20
68
Parkand Rec Commission June 26 2007
Stolar Okay Seeing no otherquestions thankyouTom
Hoffman ChairStolar oneadditional note Tom did mentionthe closing which we do usefor
floor re surfacingbut the original proposalwith the closing was the costavoidance measure
during ourbudgeting process 3 4 years ago Soweve that was identified as a potentialtime
when we couldclose Save those costsand then alsoaccommodate the floor re surfacing Inthe
past beforethattime wedid work right throughfloor re surfacing We moved ourfront deskoutsideacoupleofdaysbutsoitsalthoughitaccommodatesfloorresurfacingandyearly
maintenance itwas initially instituted for cost avoidance Duringourslowest time
SENIOR CENTER REPORT
Bill What Ihighlighted in myreport for thepast quarter was the month ofMay The month ofthMaywebasicallyusedtocelebratetheSeniorCenters15anniversarywith15different
activities Ididntlist themall herebut someofthe highlights isthe oralways isthe Breakfast
with the Mayor 50 pluspeople arein attendance and the comments every yearare very very
positive Justhoweasy and accessible he is The last 2 yearstheres been a powerpointpresentationupdatingthepeopleonwhatsnewgoingoninChanhassenNotonlyroads retail
parks but he really really did anice job and engages people and people feelreally honored and
specialthat he takes basically turns out tobe aMonday morning We have itscheduled from
8 30 to10 00 but he gets a lotofquestions asked sothey really do appreciate his timeand itis
the highlight everyyear and thats howwestarted offthe month with his breakfast And thenafterthatwehadareallynicepresentationRonRoeserdidahistoryofChanhassenandthatis
being edited andit will be shown on the localcable channel It was probably an hour and a half
size It really really was nicely donesoyoullbe seeing thatviewed throughout Ithink within
the nextcouple months Andthen the highlightofthe month was theanniversary dinner and
thank youPaulafor comingaswell as Ithinkmost ofcouncil memberswere there
Hoffman All ofthem
Bill Allofthem as well as the Mayor 80 plus peopleand itturned out tobe just a wonderful
month Imhappy its over butthe feedback was really positive Probablythe biggest commentsthatIreceivedwerewhathowfortunatewearethatthecityhasdedicatedthespaceforthe
seniors Howprogressive weareand kindofleading the area with the activities and
programmingwe haveandtheyre justreally really thankful ofthe commitmentthatthis city has
madefor the last 15 yearssoIwant tothank youall Other than that the Lionsonce again
sponsored aLake Ann picnic There againtheydid a greatjob I like thatevent They do all thefoodandgrillingandthepeoplehaveagreattimeAndsotheyenjoyitIthinkasmuchasthe
seniors do I dontknow ifanyof youhave heard butthe City ofChaska unofficially opened thestLodgeonJune1TheLodgeistheircenterfortheycallittheLodgeforAOAActiveOlderstadultsSothesoftopeningwasJune1TheofficiallyopeningwillbethefirstpartofAugust
and Joan whoismy counter part atthe City ofChaska sheand Iwork really well together WeplanourdaytripstogetherWesharebusesShesbeencallingmenottoscheduleDefensive
Drivingwhen Ihave DefensiveDriving and someother classes and other programsgoing on Ill
keep an eyeon that It probably willhave some impact on some ofourlevel ofparticipation
because weve drawna fair amount ofpeoplefrom Chaska on variousactivities throughout the
21
69
Parkand Rec Commission June 26 2007
year They continue tocomebut Ithink as their programming gets moredevelopedand refined
welljust seesomyplan is tocontinue todo what wevebeen doing goodfor thepast 15 yearsTocontinuetooffernewandcreativeprogramminglikeourLifelongLearningclassesandto
always be on the lookouthowwecancontinue toenhanceand offerthe best service we can to
Chanhassen residents
Stolar Any questions
Smith Doyou knowwhen the presentation on the historyofChanhassen do youknow where
thatis coming out
Bill Icanlet people knowthrough emails Rick Rice isediting apart ofthat The firstpartwasntforwhateverreasonrecordedandnowheissplicingandeditingitinsoIwillgetan
emailout tohimtomorrow and then Illsend everyonean email It really was a very very nice
presentation Illlet youknow
Atkins Tellhimhe hastodo PartIInow
Bill That wouldbe wonderful
Stolar Thank you
PARK AND TRAILMAINTENANCE REPORT
Gregory Good evening This springs been pretty busy time for ourpark maintenance just like
itisfor everyother year and that Justgetting park shelters ready Picnictableareas Picnic
areas ready Docks Fishingpiers This yearwe laid out all 25 ballfields again and also10soccerfieldssowevegotprettymuchallourathleticfieldsandeverythingupandrunning I
alsodid get pricequotes on resurfacing tennis courts atCity Center Park Lake Ann North Lotus
and Chanhassen RecCenter That did go throughcouncil last night That was approved Iwas
in contactwith the contractor this morning Hesall ready toget started Hed like togetgoing
right away so wellprobably evenseehimin here this week yet Iam holdinghimoff ofCitythCenterandthatsowewonthavethatgoingonduringour4ofJulycelebrationbuthesreally
up and ready togofor ussowere going tolet himget going with it Alsothis spring and thatwe
had useofthe STS Sentence toServe people They didcomeand help uswith 3 days of
working on ourdowntown streets Cleaning off all the grassareas Blowing sand and
everythingand wealsohad 2 other daysjust the end ofJune hereand thats where they cameoutandweactuallytheyworkedontheChanhassenNaturePreserveoutthereTheywereoutthere
for 2 days pullingout old barbedwire old fenceposts and everythingelse and just clearing some
ofthatarea in thatpreservefor usso Every year theyveproven tobe really a goodasset forus
and that and we get them 2 3 4 times a year and that and theyre really good Wevegot a good
working relationshipwith theirleader and thatsoitreally works out pretty goodfor us We alsodidgetthisyearwehad50seniorsfromMinnetonkaTheydidtheirSeniorServiceDayagain
this yearand Lori Haakhad themout tohelp finish the rain garden and theyturned out really
niceand thatsothats turning out real well Curry Farms Im heretosay thatits justabout done
Weve been working on that for3 years Jeffwould kindoflike tohear that We vegot the
22
70
Parkand Rec Commission June 26 2007
majority ofthe stuff is all donedown there and that butthe seeding we did last fall Thedormant
seeding isnot really turning out real well atall Weve got alotofweeds growingdown thereandweregoingtokeepthatjusttheweedsthewayitsgoingrightnowinfallwhatweregoing
todo is were goingtogo in were going tospray Take care oftheweeds and right behindit
weregoing to overseed everything and thats just seed itso wellbe doing thatin the beginning
ofSeptember sowellhave the wholefallfor growing season sothatshould help thatout and
that We just wedid not have a good year for over seedingon that Toomuch or notenoughsnowandtoomuchcoldweatheranditdidnotworkrealwellforusthisyearAlsooneofthe
projects we workedon this yeariswith Lake Ann being completely done theroads out there all
blacktoppedand that Iwent in Iordered all newsignposts and everythinglast fall sowe had it
for this spring sowe completely re signed it Gotall newsigns up there and that Except for the
very firstparkinglotin the front Wehaventput those in yetbecause were still working onpossiblyoverlayingandtakingcareofthatparkinglotbutitslookingprettygoodWeretrying
toget a little bit betterentrances We comein with the signs and that soitjust looks a little
better than that Currently Ivegot all my seasonalsworking all 14 ofthemare on deck right
now We actually luckedout this year 12 out ofthe14 cameback fromlast year sowe didnt
have todo too mucheducation Itsreally been agoodyearand thatand they canall just come inandstartworkingrightawaysothatworkedoutrealwellTheotherthingthatwerereallykind
ofrunning intoa little problemand thatis a lackofrain Our fields the athletic fieldsthatare
not irrigated are just takingapounding Theres nothing hardly left ofsome ofthem Theone on
ParkRoad and that itsjust itsjust rockhard and thegrassis just nothing there hardlyatall
Theother ones that areirrigated theyre holding theirownbut were wateringasmuchaswepossiblycanthatwereallowedtoandtheyreholdingtheirownbuttheyrestillnotinthe
greatest shape soyouknow hopefully we get somerain herebut right nowitdoesntsound like
its going tohappen herein the nearfuture Soall we cando iscontinue toirrigate and try to
keep them going Thats pretty much everything
Stolar Thanks
Daniel I would like tosay Dale thatwith regards toCurry Farms everyones really pleasedwith
the wayitscertainly turned out Imeanitactually does give areally niceviewofthatnewpond
thattheyve created for the runoffand itslopes really nice Everythings just itturned out reallynicesoIcertainlyappreciatetheeffortsoftheparkandrecdepartmentobviouslyandthenIcant
rememberhernameas far as the coordinator
Hoffman Lori Haak
Daniel Lori yep Sowecertainly doappreciate it That lake looks fantastic
Gregory Well were hoping wellbe done with itrealshortly this fallso LikeI say Ireally
wish that the teamwould cameinthis spring and that and wed be going gooddown there and
thatbut itjust didntwork this year
Daniel Willthatalsotake care oftheperpetual constant sinking on the west sideor I knowyou
put alotoffill in there
23
71
Parkand Rec Commission June 26 2007
Gregory Imnot going toguarantee anything
Hoffman Itd probably be a betterguarantee tohave itsinkagain
Gregory Imeanweve filledit3 timesalready and thatand itjust seems like after somany
years all ofasudden we start sinking and weveactually goneout with a backhoeand dug itas
deep as we couldtosee whatwe could findand all we dois finddecaying marsh and itused tobeaswampatonetimeThatwholeareaandthatanditsjustdecayingmatterdowntherebut
nothing thatshouldreally sink thatmuchsoIdonthave an answer for youwhyitssinking
Daniel No itlooks goodnow It looks really good Thank you
Stolar Any other questions
Kelly Iknow what youresaying about the soccer fields Even though youreirrigating itat
Bandimere thosesoccer fieldsare rough but Itellyouthosefences youput in behindthe soccer
goals regardless whoevers been complaining about aesthetics thosethings areprobably themostfunctionalfencesIveeverseenJustfantasticImeanjustbecauseIdontknowhow
many lostballs youveprevented byhaving those fences up because Ijust hearthem clang
clang clang all the time Thats better than splash splash splash when the ball goes in the pond
so thats beenagreatassettothe field
Hoffman Its goodtohear that ofthat position because we alsohave a caller that saidthey
werentworking because ifyoushoothigh over the net they renotgoingtostop theball but
anythingtothe sideits going tostop 100 And sowe had one particular teamthat had a coach
thatwas doingsomeskills and theywereshooting pastthe goal and theywere stilllosingsome
ballsand soin your skill developmentyouve got topickthe appropriate time and place
Scharfenberg Dale Isaw thatthe thedrainage on the trailsouth ofCoulterwhere itkept on
flooding and sothey whenis thatgoing to get blacktopped
Hoffman Thats down wherethe culvert
thGregoryItwillbeafterthe4 ofJuly JimTice is my heavyequipment operator Weregoing
togo back inthere We re going toget itall laid out andeverythingand as soon asIcan get
Plehalin to doit Soit willbe earlyin July By mid July Ihope tohaveitall blacktopped
Scharfenberg Itlooks nice
Hoffman Its going towork
Stolar Great thank youDale
COMMISSION MEMBER COMMITTEE REPORTS None
24
72
Parkand Rec Commission June 26 2007
COMMISSION MEMBER PRESENTATIONS
Stolar The onlyquestion would be anything from the City Council otherthan whatDale
mentioned about
Hoffman The tenniscourts and then theyre starting the budgetprocess orthe operation
maintenanceand capitalsolast night was the firstworkingsession with the council Talkingaboutthe2008budget
Atkins Ihave a presentation Imetwith a group last night tolooselyform an arts council for
Chanhassen Theeditor oftheChanhassen Villager waskindenough tointerviewme and doan
article 8 people came besides myself and itwasa diverse group thatwas fairlyrepresentativeofalltheareasofartTherewasacoupleofvisualartistsMusicacouplemusicteachers
Severalofuswhorepresentperforming artsand oneretiredteacher whohasjust areally serious
interest in all aspectsofit Our initial discussionwas held on whatourgoals might be and some
ofthose somethings that we came up with were providingopportunities for area artiststo
connectand network Community enrichment including providing opportunitiesfor all ages totakepartintheartsProvidingvenuesfortheartsintheChanhassenareaandwealsoaregoing
togather informationon funding sources Wewould like tocommunicate with staff on what
ideas thatwecome up with and were welcome toanysuggestions from staff We areallgoing
todoresearch intoarea localartscouncils and cities We have a little listofareas toexploreand
people tocontact depending on whatdirection we shouldmovein initially Were alittle unsurestofwhatexactlywewanttodoButwewillmeetagainonAugust1andweregoingtoholda
brainstorming session and concentrateon our long rangegoals and possiblyconcoct somesort of
mission statement And Isent you Isent this out tothe wholecouncil orcommission hereso
youcanreadit when youget home Iwas very happy with theturnout
Stolar Any questions for Paula
Daniel As far as definition ofarts doesthat include boththeater music
Atkins Yes all Visual arts
Daniel Visual arts
Hoffman Thanks Paula Appreciate youstepping forward
Stolar Any othercommission member presentations
Atkins Icould talk alittle bitabout the historicalcommittee thatwere Ivebeen meeting with
thosepeople too and thats a pretty big group That wehad 27 people Ithink atourlast meeting
atthe library Wehad a representative from theCarver County Historical Societyand fromtheMinnesotaStateHistoricalSocietyandtheyarehavebeengivingusdirectiononwhatweneed
todo in thatarea too Everybody nobodyreally isclear on what their goals arethereeither so
thats stillin the works They refocusing on the church the old church and the cityhall right
25
73
Parkand Rec Commission June 26 2007
nowbut theyhave a lotofideas and Imsure itwillall come about It just takes some work and
sometime andsomeadvice
Stolar Okay thanks
ADMINISTRATIVE PACKET
Stolar I knowwe had something there about the lights amongother things Wehad
Hoffman There areplans for both Lake Ann projectsin here The ballfield lighting and the
shelter Correspondence atSt HubertsChurch Theyllhave 16 children hereon ThursdaythhelpingatCityCenterParktospruceupforthe4ofJulyInformationabouttheChaskaCommunityHockeyAssociationBoosterClubAndthensomepicnicshelterreservations
information
Stolar Related to the reasonI brought up theballfield and picnic shelter Thisis an officialpart
oftheir schedule isthatwereview thishere
Hoffman On their listthatthey putdown
Stolar soif youhave anyquestions now Ithink its the time toprovideyouwith feedback
reallyfor the schedule Whenis the City Councilgoing tobe reviewing this
Hoffman Theyreviewed itasapart oftheir admin packet last nightand then they awardbids onrdJuly23
Stolar Was there anyfeedback from the council Iknow when we firstasked for this therewerequestionsbutthenitgotapproved
Hoffman Theyrevery comfortable with the projectand were hoping for againworking with
HTPO Thecontract we have some add alternates bid intothe contract becausewethink were
going tobe a little bit highon both projectsand wewant tobe able toaward with some deductsifwehavetobutIcantellyouinthesamebreaththattheconstructionmarketisvery
competitive rightnowand sowerehoping for quality bidsthatwill be on budget orunder
budget
Stolar With relationtothe shelter itappears were havingtwo halvesgoingup there Do wehaveadditionalparkingthenrightbythereonthehillIsthatcorrect
Hoffman Yep
Stolar Within page sheet2 of5 sheets for the shelter
Hoffman The main road also actsasthemain access totheshelter Sothat isa roadway which
willbasically designed as a trailand then handicapparking orparking for a caterer And then
alsofor the ability toservice the portablerestrooms thatwill goup there
26
74
Parkand Rec Commission June 26 2007
Stolar Sothe onlypermanent parkingis for the handicap accessible
Hoffman Correct
Stolar WellI guessthe caterer iftheyrehaving an event
Hoffman Theparking lotwhichwill be its just across from itsup from the beachand just
across from ballfield 3 sotheresa smartparking lotatthatlocation Where theaccess comes
from The trailleadingtothe left goestothe beach That goes toa stairway We want to
encourage people togo that way downtothe beach instead ofgoing around interfering with
other usersatother shelters
Daniel Hasthatstairway been replacedatall Itsabout 1980
Hoffman Its the original
Daniel Its the originalone Withthe telephone poles yeah
Hoffman Do youremember itas akid
Daniel Idrove my bikedown there
Hoffman Wewill be addressing thatin the CIP Wetalked about thatalready for this years
CIP
Stolar And then the question ora couplethings relatedtothis We had talked aboutin the CityCouncilmeetingtheshouldtherebepermanentfacilitythereandyouknowatthispointthere
wasntthe costbut itlooks like wereactually runningthings sothatwecould ifwe wantedtoin
the future water atleast
Hoffman Wateriscurrently there already The 1 inch service line and thats ayard hydrant forcookingorcleaningorletssaywhentheypowerwashthesheltertheyllhavewaterthatwill
go Inaddition tothe shelter thats currently there the pavilion there will be modern
restrooms Sobe openfor business next year Nextspring
Stolar We talked about the jointmeeting with the City Council Welldoitlatesowe canseethelightsontheballfieldAnythingelseAlrightcanIhaveamotionforadjournment
Scharfenberg moved Danielseconded toadjourn the meeting All voted in favorandthe
motion carried The Parkand Recreation Commission meeting wasadjourned
SubmittedbyTodd Hoffman
Parkand Rec Director
Prepared byNann
27
75
76
77
78
79
80
81
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952227 1180
Fax 952227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952227 1310
Senior Center
Phone 952 227 1125
Fax 952227 1110
Web Site
www ci chanhassen mn us
1
MEMORANDUM
TO Todd Gerhardt City Manager
FROM Karen Engelhardt Office Manager
I
July 2 2007 vDATE
SUBJ Na s Thai Cafe 566 West 78th Street Request to Expand the
Liquor License Premises to include a new Patio Area
The owners of the Town Square development are in the process of upgrading the
exterior of the mall area and have constructed a patio directly in front of Na s
Thai Cafe for outdoor seating Staff has received a request from Na s Thai Cafe
to expand their liquor licensed premises to include the outdoor patio The
restaurant currently has an on sale beer and wine license
State law requires that any outdoor space where liquor is served be contiguous
to the restaurant In this case there is a sidewalk between the restaurant and the
patio The sidewalk is for public use but it is located on private property This
restaurant is the end unit of the strip mall The property owner applicant is
proposing to rope off the area from the comer of the restaurant across the end of
the sidewalk and around the patio area Staff has consulted the City Attorney
and the Minnesota Department of Public Safety Alcohol Enforcement Di vision
and they find this a workable solution
RECOMMENDA TION
Staffrecommends approval of the request from N a s Thai Cafe to expand the
liquor licensed premises to include the outdoor patio area The applicant will be
required to amend their liquor liability insurance to include the outdoor area and
provide the city with a copy of the lease agreement that includes the outdoor
space
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 user kAREN lIQUOR Na s Thai Cafe Expand Licensed Area doc
82
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952227 1160
Fax 952 227 1170
Finance
Phone 952227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952227 1110
Web Site
INfN ci chanhassen mn us
t I11C
MEMORANDUM
TO Mayor
City Council Members
FROM LOGregStichaFinanceDirector
DA TE July 23 2007
SUBJ Approval of Debt Policy
BACKGROUND
Based on our discussion at the June 25 2007 work session staff is requesting that
the City Council formally adopt the attached debt policy As noted in the work
session the establishment of a formal debt policy is not only a good practice to
follow but it also is another indicator to our rating agency that the financial
management of the city is proactive in implementing sound financial policies In
addition approval of this policy achieves one of our KFS goals for 2007
At the work session meeting a couple of minor changes were made and now are
included in the version you will be voting on tonight
RECOMMENDATION
Staff recommends that the City Council approve the attached debt policy
Approval requires a simple majority vote of those City Council members present
ATTACHMENT
1 Debt Policy
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 play83
Chanhassen Debt Policy
The City of Chanhassen has chosen by policy to guide its issuance of debt by following
the guidelines listed below These practices were identified through examination of
materials from state statutes bond rating agencies and the Government Finance Officers
Association GFOA This policy can be amended in the future by the City Council but
is consistent with general municipal practices at the time of its adoption
Policv Adoption
In accordance with the authorities cited in the background section the City of
Chanhassen will use the following policies in determining when and how to use debt for
financing capital and equipment needs
I Debt Limits
a Legal Limits
1 Minnesota Statutes Section 475 states that the statutory limit for
outstanding debt principal cannot exceed 2 of the taxable market
value This limitation applies only to debt that is wholly tax
supported The type of debt included is either general obligation
debt of any size bond issue G O or lease revenue bond issues
that were over 1 000 000 at the time of issuance However there
are also several other types of debt including G O tax increment
G O abatement G O special assessment G O utility revenue and
most HRA or EDA issued debt that have a separate revenue source
other than taxes and are therefore excluded from the legal debt
limit calculation HRA and EDA public project revenue bonds or
lease revenue bonds that have a financing lease agreement with a
city or county do count against the statutory debt limit
11 Local ordinances do not limit the City s ability to issue debt
b Policy Limits
1 Uses of Debt Debt will be used for capital costs only The City
will not utilize debt for cash flow borrowing even though this is
allowed by state statutes
11 CIP and Financial Planning The City s capital improvement plan
shall contain debt assumptions that match this policy and requires a
commitment to long range financial planning that looks at multiple
years of capital and debt needs
84
111 Tax Increment Bonds The City shall use G O Tax Increment
Bonds only when the development merits special consideration
c Financial Limits
1 Direct debt is the amount of general obligation principal or lease
obligations supported by taxes that are outstanding for the City
only Indirect debt is the amount of the City s share of debt of
other taxing jurisdictions based upon the City s share of that taxing
jurisdiction s net tax capacity Direct debt per capita shall not
exceed 1 000 Direct debt as a percentage of the City s taxable
market value shall not exceed 2 excluding revenue based debt
11 Bond issues may require a special debt levy The City hereby
adopts a policy to limit the amount of the city s property tax levy
dedicated to debt service principal and interest plus 5 for G O
bonds to less than 30 of the total tax levy Unlike rating
agencies the City s definition of tax levy does not include special
assessments tax abatements or tax increments
111 Conduit debt The City will review requests for issuance of
conduit debt on a case by case basis The city may request a fee
upfront not to exceed 1 of the original par amount of the
Issuance
II Use of Variable Rate Debt and Derivatives
a Variable Rate Debt The City shall use variable rate debt only if the total
principal and interest of the debt constitutes less than 20 of the City s
total debt payments and only if circumstances dictate the need for a short
call date
b Derivatives The City will not use derivative based debt
III Debt Structuring Practices
a Term State law limits general obligation debt to 30 years in most
circumstances The City shall not exceed 25 years in term of debt
b Term for Equipment The city has a goal of paying for all capital
equipment with a useful life of five years or less from cash reserves or
annual operating budgets State law does allow cities to issue debt known
as equipment certificates or capital notes with a term of ten years or the
useful life of the equipment if it is at least 10 years The city would prefer
within the bounds of levy limits to fund capital equipment on a pay as
you go basis Capital equipment with a useful life greater than five years
may be financed with debt but the bond term should not exceed ten years
2
85
c The City s collective debt shall amortize at least 50 of its principal
within 10 years
d The City shall typically issue debt with level principal and interest
payments
e The City shall have a call date pre payment date of no longer than
10 years on longer term debt and 6 to 8 years on shorter term debt
IV Debt Issuance Practices
a Rating Agencies The City utilizes Standard and Poor s for all of its debt
issuance of more than 1 million or longer than 3 years in term
b Method of Sale The City shall use competitive bidding for all of its debt
unless the debt is so specialized in its nature that it will not attract more
than 2 bids
c Refunding
1 Advance refunding bonds shall not be utilized unless the present
value savings of 4 to 5 of refunded principal is achieved and
unless the call date is within 4 years The state law minimum is
3 of refunded principal Bonds shall not be advance refunded if
there is a reasonable chance that revenues will be sufficient to pre
pay the debt at the call date
11 Current refunding bonds shall be utilized when present value
savings of 3 of refunded principal is achieved or in concert with
other bond issues to save costs of issuance
111 Special assessment or revenue debt will not be refunded unless the
Finance Director determines that special assessments or other
sufficient revenues will not be collected soon enough to payoff the
debt fully at that call date
d Professional Services The City shall use an outside bond attorney and an
independent financial advisor to structure the sale
V Debt Management Practices
a Investment of bond proceeds The City shall follow the same investment
guidelines when investing debt proceeds as stated in the City s investment
policy
b Disclosure The City shall comply with SEC rule 15 c 2 12 on primary
and continuing disclosure Continuing disclosure reports shall be filed no
3
86
later than 180 days after receipt of the City s annual financial report
c Arbitrage Rebate The City shall complete an arbitrage rebate report for
each issue no less than every five years after its date of issuance
4
87
ANNUAL MEASUREMENT TO DEBT POLICIES
Percent of
Debt Limit as of December 31 2006 Amount Market Value
Maximum Debt Limit Allowed by State Law 63 311 270 2 0
Based on Market Value
Actual Outstanding Debt 6 950 304 2
A vail able Debt 56 360 966 1 8
Debt Limit As of 12 31 06 the City s debt limit was 63 311 270 based on market
value and the debt outstanding that is subject to the limit was 6 950 304 Direct debt as
a percentage of the City s taxable market value is 2 as of 12 31 06
History of Debt Per Capita
1 000 per capita limit
1 000
900
800
700
600
500
400
300
200
100
0
474 449
252 292
2000 2001 2002 2003 2004 2005 2006
Direct debt per capita is 292 as of 12 31 06
Amount of City s Property Tax Levy Dedicated to Debt Service
Principal Interest
2007 2006
Total Levy 9 575 778 9 354 890
Maximum Allowed Per Policy 2 872 733 30 2 806467 30
Actual Amount 1 942 928 20 1 938 790 21
The amount of the city s property tax levy dedicated to debt service principal and
interest is 20 of the total tax levy 2007 levy
The City currently has no outstanding variable rate debt The policy requires that
50 of all debt be amortized within 10 years
As of December 31 2006 72 of the City s debt will amortized within 10 years
5
88
89
90
91
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 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 952227 1300
Fax 952 227 1310
Senior Center
Phone 952227 1125
Fax 952 227 1110
Web Site
WIfW ci chanhassen mn us
24
MEMORANDUM
TO Mayor City Council Members
FROM ff t7
e
Greg Sticha Finance Director
DATE July 23 2007
SUBJ Approve 2007 Transfer of Excess Fund Balance in General Fund
BACKGROUND
The financial audit is complete at this time and the general fund had revenues
exceed expenditures by 620 000 excluding transfers This is resulting in a
fund balance at the end of 2006 of 4 82 million Staff is recommending
capping the catastrophic reserve in the general fund at 13 million Listed
below is a breakdown of the general fund balance at the end of 2006 and the
amount that would be available to be transferred to the Revolving Special
Assessment Street Construction Fund in 2007
General Fund Balance at 12 31 06
Required Reserve Per City Policy
Catastrophic Reserve
4 820 270
3 246 550
1 300 000
Excess Fund Balance Available to Transfer 273 720
Staff is recommending the transfer of the 273 720 to the Revolving Special
Assessment Street Construction Fund
RECOMMENDA TION
Staff recommends that the City Council approve the transfer as noted for 2007
Approval of this item requires a simple majority vote of those City Council
members present
ATTACHMENT
1 Resolution
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
F GregS Council2007 2007 fund tsf memo gen fund excess doc
92
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES MINNESOTA
DATE Julv 23 2007 RESOLUTION NO 2007
MOTION BY SECONDED BY
RESOLUTION AUTHORIZING 2007 FUND TRANSFER
WHEREAS the city s auditors have completed the 2006 financial audit and made
recommendations for fund transfers
NOW THEREFORE BE IT RESOLVED by the City Council ofChanhassen Minnesota as
follows
1 Authorization Findings The City Council hereby authorizes the Finance Director to transfer the
following amounts as shown
Transfer from
101 General Fund
Transfer to
601
Amount
273 720 00
Passed and adopted by the Chanhassen City Council this 23rd day of July 2007
ATTEST
Todd Gerhardt City Manager Thomas A Furlong Mayor
YES NO ABSENT
93
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
WNW ci chanhassen mn us
j
MEMORANDUM
TO
tJ
Paul Oehme City EngineerDir of Public Works
Joseph Shaml Project Enginee t
July 23 2007
FROM
DATE
SUBJECT Lift Station No 3 Modifications Project No 07 03
Approve Plans and Specifications Authorize Ad for Bids
REQUESTED ACTION
Approve the Plans and Specifications and Authorize Ad for Bids for Lift Station No
3 Modifications Project No 07 03
DISCUSSION
On February 12 2007 Council authorized the preparation of the plans and
specifications for the Lift Station No 3 Modifications Project Lift Station No 3 is
located on the north side of Trunk Highway 7 just west of Church Road The station
was built in 1972 and is the main collection point for waste water in the western
portion of the city and picks up flows from several smaller lift stations The flows to
Lift Station No 3 go directly into the Metropolitan Council sewer system The
service area of Lift Station No 3 has grown substantially in resent years including a
large development just to the west of the station
The station was identified as a problem after reviewing the run times of the pumps
after the new SCADA system was installed in 2005 A review of the pump run times
and hourly cycles for this station revealed the pumps are cycling at an exorbitant rate
which is indicative of insufficient wet well capacity for proper operation ofthe
pumps There is less than one 1 foot of wet well capacity between the time the
pumps start and shut off This means the pumps have less than one foot of working
range which limits the amount of time the pumps are actually running and increases
the number of times that the pumps start and stop Sanitary sewer pumps are
constructed in such a manner that longer run times and less frequent stops and starts
per hour cycles provided for a longer service life for the pumps High rate cycles
on an hourly basis result in increased wear and stress on the pumps and increased
levels of pump maintenance and replacement The increased cycles of the pumps can
be attributed to additional flow from new developments in the area The increased
cycling will only increase as the new developments are built out
The lift station and the upstream service area for this lift station was identified as a
priority area in the Sanitary Sewer Infiltration and Inflow Reduction Plan for
inflow and infiltration III removal As a result of the ill analysis staff is concerned
with the operation of Lift Station No 3
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 play94
Lift Station No 3 Modifications
July 23 2007
Page 2
PROJECT SUMMARY
The scope of the Lift Station No 3 project is as follows
A new wet well has been designed to provide adequate storage for ultimate build
out of the lift station area Utility crews should have adequate time to service the
lift station in the event a major problem occurs
New pumps are included in the scope of work and are sized for ultimate flow of
the new head pumping conditions of the wet well
The power supply to this site is overhead and highly susceptible to power
outages Due to the amount of flow to the station and the distance the lift station
is from the Public Works building the lift station control panel will be designed
with the capabilities of a secondary power supply standby generator A standby
generator is proposed to be bid out separately from the lift station contract to
avoid contractor markups The City has backup generators at other high volume
lift station sites such as Lift Station No 10 by Lotus Lake
A new control panel will need to be purchased for the station The panel is
proposed to be quoted out separately from the lift station contract to save
contractor markups
The project was budgeted for in the 2007 CIP SS 017 and would be funded through
the sanitary sewer utility fund
The anticipated schedule for the project is as follows
Bid Opening
Award Contract
Start Construction
Substantial Completion
August 16 2007
August 27 2007
September 12 2007
March 2008
RECOMMENDA TION
Staff recommends that City Council approve the plans and specifications and order
advertisement for bids
Attachments
c Kelley Janes Chanhassen Utility Superintendent
G ENGPUBLIC 07 03 Lift Station No 3 07 23 07 approve P S order ad for bid doc
95
Capital Improvement Program
City of Chanhassen MN
2007 thru 2011
Project SS 017
Project Name Sanitary Lift Station Rehabilitation Program
Account 1 701 00004751 Account 3
Account 2
Contact Unassigned
Department Sanitary Sewer Improvements
Type Improvement
Useful Life Unassigned
Category Utilities
Priority nJa
Total Project Cost 475 000
Description
The sanitary lift station rehabilitation program is designed to minimize sewer backups and emergency calls due to failed lift station equipment The
City currently maintains 30 lift stations Many of these lift stations arehigh service pumps and need frequent servicing The program will service
or replace pumps pipe gallery and electrical components as needed Lift Station 3 is recommended for improvements in 2007 Lift Station 3locatedonthenorthsideofHighway7takesalltheflowfromthepropertiesonthewestsideofLakeMinnewashtaandpropertiesonthenorthside
of Highway 7 The wet well capacity has become undersized for flows The electrical panel has become unreliable and needs to be replaced The
electrical power in this area is unreliable so a permanent backup generator is recommended
Justification
Reduce emergency calls and potential sewer backups
Expenditures
Maintenance
2007
265 000
Total 265 000
2008
50 000
50 000
2009
50 000
50 000
2010
55 000
55 000
Funding Sources
Sewer Utility Fund
2007
265 000
Total 265 000
2008
50 000
50 000
2009
50 000
50 000
2010
55 000
55 000
Operational Impact Other
89
2011
55 000
55 000
Total
475 000
475 000
2011
55 000
55 000
Total
475 000
475 000
96
DATE
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES MINNESOTA
RESOLUTION NO 2007Julv232007
MOTION BY SECONDED BY
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZING AD FOR BIDS FOR THE LIFT STATION NO 3
MODIFICA TIONS PROJECT NO 07 03
WHEREAS pursuant to aresolution passed by the Council on February 12 2007 the City
Engineer has prepared plans and specifications for the Lift Station No 3 Modifications Project No
07 03 and has presented such plans and specifications to the Council for approval
NOW THEREFORE BE IT RESOLVED that the Chanhassen City Council
1 Such plans and specifications a copy of which can be reviewed at the office of the City
Engineer are hereby approved
2 The city clerk shall prepare and cause to be inserted in the official city newspaper and
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications The ad shall be published twice shall specify the work to be
done and shall state that bids will be opened and that the responsibility of the bidders will be
considered by the Council at 7 00 PM on Monday August 27 2007 in the Council Chambers of
the City Hall Any bidder whose responsibility is questioned during consideration of the bid will be
given an opportunity to address the Council on the issue of responsibility No bids will be
considered unless sealed and filed with the clerk and accompanied by abid security payable to the
clerk for 5 of the amount of such bid
Passed and adopted by the Chanhassen City Council this 23rd day of July 2007
ATTEST
Todd Gerhardt City Manager Thomas A Furlong Mayor
YES NO ABSENT
97
Lift Stations
Sewer Main
LJ Service Area for Lift Station 3
Lift Station 3 Service Area
Lake vrrfinia
Litke
fl fJ
f a
if
S l
J innewashta
11 i
l
ill
tf
i
000
o v
o
f ok 00
0
IJ oo
11
i
G IENGVo een IEngProjects Pau ILS3
Jam my 30 2007
98
f iL
i
I
11
1
Ilr
99
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 2271190
Engineering
Phone 952 227 1160
Fax 952 2271170
Finance
Phone 952 227 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 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
1
MEMORANDUM
TO Todd Gerhardt City Manager
FROM Paul Oehme Dir of Public Works City Engineer
DA TE cJuly232007
SUBJ Well No 2 Emergency Repairs PW034
REQUESTED ACTION
Staff is requesting the City Council add this item to the Consent Agenda to
authorize expenditure for repair of Well No 2 in an amount not to exceed
35 000
DISCUSSION
On Monday July 16 Well No 2 located at 191 West 77th Street suffered a
failure The well is a line shaft type pumping system where a motor resides
above ground and approximately 450 feet of shaft extends below the ground to a
pump impeller that draws water up the casing surrounding the shaft and transmits
it to the East Water Treatment Plant The failure is due to wear in the shaft and
bearings as they extend down into the aquifer which revealed itself in the form of
serious vibration The well was immediately shut down to prevent shaft
separation and dropping the shaft into the well Contractors were dispatched to
assess the problem and determined that it would have to be pulled out which
occurred on Wednesday July 18 Very preliminary estimates are that repair costs
is 35 000 00 This well was identified and scheduled for rehabilitation in the
CIP this fall under Project Number W 032 Staff is working with the Contractor
to fix the well as soon as possible
RECOMMENDATION
Due to current weather conditions and heavy water usage staff recommends that
the City Council approve the allocation of emergency funds for the repair of Well
No 2 in the amount not to exceed 35 000
c Kelley Janes Utility Superintendent
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 play
g eng public pw034 well no 2 emergency repairs doc
Justification I
To extend the life and ensure reliability of the Citys well fields Perfonmng regular maintenance will extend the life of well components reduce
emergency calls and have a more reliable water supply system
Capital Improvement Program
City of Chanhassen MN
2007 thru 2011 Contact Unassigned
Department Water System Improvements
Type Improvement
Useful Life Unassigned
Category Utilities
Priority n a
Project W 032
Project Name Well Rehabilitation Program
Account 1 700 00004530 Account 3
Account 2 Total Project Cost 210 000
Description 1
This program annually inspects and performs regular maintenance of the Citys wells Well pumps arerecommended to be serviced every 8 years
Expenditures
Maintenance
2007
40 000
Total 40 000
2008
40 000
40 000
2009
40 000
40 000
2010
45 000
45 000
2011
45 000
45 000
Total
210 000
210 000
Funding Sources
Water Utility Fund
2007
40 000
Total 40 000
2008
40 000
40 000
2009
40 000
40 000
2010
45 000
45 000
2011
45 000
45 000
Total
210 000
210 000
Operational Impact Other I
120
tI
I
I
I
I
I
I
I
I
PATROL DIVISION
CHANHASSEN STATION
Memo
To Mayor
City Council
From Sergeant Peter Anderley fJ
Date 7 12 07
Re Items for July Council Meeting
1 Sheriffs Office Area Report June Attached
2 Sheriffs Office Area Citation List June Attached
3 Community Service Officer Report
4 Crime Alerts Put Out By Crime Prevention Specialist Beth Hoiseth
5 Miscellaneous Items I will have brief information for Council on recent
activities or items of interest
100
t
City of Chanhassen
Reports
For
June 2007
101
CARVER COUNTY SHERIFF S OFFICE
City of Chanhassen
Month of June 2007
ICITATIONS
2007 2007 2006 2006JM
2
TH I 1 I I M
8
TH I 2 I
rImes
rimes
ravated 3
33
o
o
1
129
8
Wart II CrImes
Abuse Neqlect 0 0Assault320CourtOrderViolation17DisturbPeace648DruaViolations523Gamblina00LiauorLawViol525MiscCriminal18ProoertvDamaae60122Runawav112SexCrimes17SuspiciousActivity00TheftRelated956TrafficAlcohol732TrafficOther12
Weapons 0 0
Total Part II Crimes 100 j52
ITOTAL CRIMINAL 132 537
0 0
0 3
6 24
0 0
0 0
0 1
50 176
1 10
57 214
0 2
4 43
2 9
5 29
3 11
0 0
5 19
1 19
30 107
0 14
1 11
0 5
6 56
8 48
2 8
0 1
57 382
124 596
102
2007 2007
MUNIH YTD INIDf
Ab use NeCilect not charaablef 3 26
Adoption Records Check 0 0Alarm87556Animal68301AssistotherAaency1458AutoAccdFatality00AutoAccdIniury1049AutoAccdPropDamaae47258AutoAccdMVDeer317BoatWater1827ChildCustodyDispute38ChildCareAsstUnlicensed03CivilProcess217
Dist Peace not charoable 51 179Domesticnotcharaable1041DrivinaComolaints76291
Drua Information Onlv 1 7FireCall19118
Gun Permit ACQuire 7 50
Gun Permit CarrY 0 33GunPermitTransfer00ExplosiveFirearmsDlrPermit00
House Business Check 0 16LicenseDavCare119LicenseFosterCare212
License Liauor 0 27Medical62315MentalHealth434
Misc Non Criminal 83 340MissinQPerson215
Open Door 3 16
Prowler not charaable 1 5Snowmobile013Sus01ciousActnotcharaable127488TrafficMisc144765
Traffic Radar Displav 0 0TrafficStops2751940Transoort11
Unlock Veh Blda 11 63WarrantService1171
ITOTAL NON 1146 o171
ITOTAL REPORTED 1278 6716
2006
MONTH
2006
YTD
4 32
0 2
80 405
55 200
14 62
0 0
10 38
40 271
6 19
6 15
4 14
0 0
0 2
43 185
2 32
63 255
3 14
21 121
4 39
3 21
0 1
0 0
0 8
12 32
0 16
0 1
45 305
4 23
70 355
2 11
11 33
1 5
0 7
117 477
129 822
0 1
327 2373
0 1
17 54
6 34
109g o2Bo
1223 6882
103
W
o J
u
LL 0
o a
WtJ
iL
LL W
ZWWItJ WtJtJJ
ZI C
ZO
0 105
LLwOW5gOON
e C oo co
0U
E
0
L
og
Q
2
a
VI
I
5
0
ooCooo
1
ooCooo or
I
NOOOgjN
J
i
J
c
OOrOOO C
OOC OO
ONll OOOD tC
0
Ul2eI
E
0mg u5
1 0 1
foIcJ 0 0 it ItmEEoIQQrQ JIIVIJ00rocc0onalcaaIII
p
0 co C 10 N N D N o0NrtN0NcoNr010CN
P
0
0
0
0
0
0C D 10 0 10 0 0 0 r 0D
0 t N N 0 0 C 0 10 C 0 tD 00
0 co N 0 10 0t D 0 co 0 0 0
0 N co N 0 10 co N 0 0 N N 0 0
0 N 0 co N 0 0 t N N 0 t C 00
0 10 r0 0N 10 0 0 0 t 0
VI
c Ul0
I eIpEro
5 5UlUl5rop0U0croEu0c Leiu000 1ELroroUlroc0pU0roEClQUlQi5tEIliaJUlc5CE0ac0II00Q5L0LIUu
t Ul ro 1 J Ig E 0 u I ro Q it ij ij ro iUVIJJcVI0VI0VILroIQeJ0Jc0iSClCIcafflIlI
o
o
b
p
o
104
e CD CO 0 CO 10 0 CO 10 00100CO0010IICOCII0I0C00CD0NIVV10CD10CCOCD0V C10C10VNNVN10CNCCCVI0CD I
m
1l
U
Q
1l
08
1l
C
Ul
l
C
1l
I V 10IcoV0Ico0CD0NC tC0coCD0vCC0N10II0000N0CDVcoNC0NV0I
N
l
i 10 10 C N V 0 10 0 N 0 C CD 0 V 10C0co1000co10Cco00CcovNI00C00vIco00coN0co0
N
I
0 C v v co CD N NN0010co0coC10CNCN100ICD00CC0N10VVN00Ico0N0 coO
C
0 0 10 0 00 C C N N 10 10 10 10 V CD C1000v0IV000vCVNN1000CIN100100NCI10000I
N
ro
l
CDBcoCDI0CVcoN coI00VI010V000NCDCNNIC00000VCDCC0VCDC0C0fC
I
10 IlCD0IV1000V0NNCD010Cv0000CDNC0v1000CDIN0N 0 0coCCC10VCDv
g 1l
10
u E 1l 1l U1l0ro0Ig0g1l
6
c
6 i c ro ro c0lUlUlIgUlEUlrogI0roiS lgEIiiiSijpuroUlE 1l0ILIUl16roIroUl1l0u0EUlQiQ1liiOlc0uI102uLLClEUl6ro1l1l2Ulu
I E I I I 0 2 U 1lQIII0Ulrou000roa B c01lro1lEELLl1lUlro1l1l1l1l1l0EE1l0ZcE1l1lcuuuusUluCluJIIICl0J0entZJroepcoc0g0000uu0Ulgro1l1l1l00Q1lQ1lroz0LE0III
I Ero Cl 1l I Cl Cl Cl Ul Ul Ul 2 ro 1l u U uUlgglIg0Ul000QitEit Ul u0E00000BroSESAJ1l1l1l1l0UlQroUl1l1laaez1lUlJlJl0cc3iS0llJ0uuuJco000uCCCwciiiEEEE0ClenenlIlIl
105
C
ZI
rn
I
z
o
I
I
u
r
o
o
N
o
0
2
r
o
o
o
V
NCIOO
u
C 0
ell
r
o
o
M
o
II
zzzzz
M
Ir N
N 0
o 0
I I
N N
ZZZZZZ
1
1
I
N
0
ZZZZZZZZZZZZZZZ
1
1
M
M I
000
v v N
ll000
OZZZZZ
V5
I w S
w
0
f Pc 006
EPc W
l
u
I
I
I
t
Ul Ul
rJ ts Ul
I 0 I E eEOUUPcc
f f f I 7 f I 10
0 0 0 CI tIJ 00 0 5 2 r l U
o I e e a Uo l
U l Pc JJ Pc Pc E Pc r t l Pc
o go o o l OWtlJWWUOOZWZZfO Uf
0
o
U
iUO OO O M
or trr t
q 0
0o I I IEEEo
3
g 5l e I I I
I I I I
I e
I r I l l l
II I1
IN NNN
r r r r r r
OOOOOOQOOOOOO
O
NNNNN
00 00 00OOOOOO
0 00 r 0
t 00 0 00
0 0 r 0rVVV
NMNM
eMMMMMll
0000000
gggggg
000000
Ogggggg
0 r
l V
Zsr
I gggggg
o 0
20
NrUo000
lUl
l l
E E
I I
rr
OIl OIl
I I
22
I IPcPc
o 0
ZZ
l
u
l
o
0
b
I
o
U
u
ElllI000
Cl CI CI f
il il
EE JJJl
Cl CI 3ZZO00
UUv
WwWO
tt
c c wwj00OOE55urrLIIUIIrr00
2 2 J J raaQQ
Cl tIJPcP cW1 1E
o
O
r
N
0
to ttMO tOMOMl lOOOOOOOO
r r r ooMV Ot tOMM tt tO t OO
NNNO OO O OOOOOO
O O O O O O O O O O O O O O O O O O O
o
E
03@r
3J5
a t
I
Ef3lV
V
Ir
N
r r r
000
000
N N N
0 0 0
000
V t 0
0 00
t r 0
0MM
lll lM
000
000
000
000
000
000
000
V V V
NNN
000
0 CI
2 00
wt
002
a
EI al
1a
Eo
ll M
00 0
r O
r r r
000
000
NNN
0 0 0
000
V t
0000
r MN
MNrl
M M M000
000
000000
000000
000
V V V
NNN
000
o
N
N
0
0
l l
0 OIl
t l l
0 o o
2 2 UOOai
l u 3 E ggll015Qig2
N3 3E l
o11100cIIClVtI
CI tIJ g e tIJ
gg rV00000
r 0 0 0
r
f
t
0 1
0
0
O
CI
0
0 0
2 2 00
90
UlUl 2 11
I C I PcP c
ll 21 aaPcPc000l0olc
oo ll l lQ
V V V V I1
V V 000 o
rrr
0 0 000000 r
r r r r r
00000
00000
M ffM M
S2S2 5200000
00000
ou
osl I C
o U
rooeoEE
0 0guu
U r
uOg g0llll
oaa
000VtOcJ00OO
r r
00 00
0 0
o
o 0
V 0
0
r r r r r r r r r r r r r r r r r0000000000000000000000000000000000
tV V V V V V oo oo oo ooS2S2QS2S2S2S2S2S2S2S20000000000000000000000000000000000
OooO N O NNM llNv O V OMooOOOOtVVVVvllMMooOVVMM
M
NNt ttN t NNNoo OOt NllMMMllllllMllllllllNMNMMllMM
MMMMMMMMMMlll l M00000000000000000000000000000000000000000000
0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
OOOOO OOOOOOOOOOOOOOOOVVVVVVVVVVVVVVVVVVVVVV
NNNNNNNNNNNNNNNNNNNNNN0000000000000000000000
106
I
0
0
N
0
M
10
2
CJ
Z
IrJJ0
0
0
Z V
N
0 U 10 0
ell
c Ol
ell Cl
U Ql
I
o
o
M
o
oUII
ZZZZZZZZZZZZZZZ Z ZZZZZZZZZZZZ
l l
en U U
l l
s Cl l
Cl en 0
o ob
l 0 6g0U
Ol t3 0 U
o 5 2 2 Q SElII0t3
O Z
I I
MMM lM l
0000000
f V V V f V Vll
0000000
MMM lM l
5w EECl EEOU00Z Z5I
I tf tf tf U tf
E ZZ ZZ Z
88 88 8
w ww8en1313800000 0 0
U s s U 3 01 5 6
C 5l Cj Cj 0 Cj C 5l 5 U w U
s 0 0 0 0 s 0 0 0 0 0
O O 80SS SS S
C 0 8 8 8 ffi Sn O 0 d dogoo880800g0cOOZOOZOw8QOwQggCEOEooUBooooCgoogt3gggggUUOZUOOOOCUUUUUOUZZUs
N
0
0
U
0 0 0 0 0 0
0 0 0 V 0 00 0 0 0 N 0 0 oCl0001000V0000I10N1010IUMION0IMM00000N000N00N0000000M00000N0ClN0N0EEEEEE00000000000000000000000000000
0
ool
6oen
Eg
caNuci50
Ot3NV oo
U I
rr
l
N
0 0t3Nt3OS02
2 I I 2
e E
o Q 0OlOO3Cc
O OOl
oS2S2S2fIUVfVI
I t I
2
r ol rrrrQ
i
t3
00 a
sli3OoOOOOoQa3
l ol
l r U U U U
g I 8 tttt
c 2 2 2 2rlOolololol
Q t3o1 0000
o o
OOtt NO
E
t3
0
l
o
0l
0
f
r
00 00ti
I c c c csgggg1OdQOJC1JOolololol
1 1 1 1
eli3li3 ci5ci5
V V UUlUUoooo
E 001O001 1
rol r g V
0 0 0
I 1 1 I 1 1 1 1 1 I I I I 1 1 1 1 1 1 I I I I I I I 1 1 1 1 1 1 ICl000000000000000000000000000000000000000000000000000000000000000000
0 c N Cl
10 10 10 I I I I I I I I I 1 1 1 1 0000000000 00 00 00 00 00 0 0 0 0 0 0 0000000000000000000000000101010101010101010101010101010101010101010101010101010101010101010000000000000000000000000000000000
MI Cl
0 00Cl1 O
Z
NMMM
C lMMM00000
0000
l8888
08888
Cll 0 s suQloooo
ooIO O O Moof OOIOI OO O ClMfNOOOMv1010101 OtotvIOClClClClMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
l
0
I
10
M
o
o
o
o
o
o
0 O v O ONoo M
l ooO MO M
IOI I MIM llIOOMMM
MMMCl lM lMMMlMlMMMMMMl
00000000000000000000
0000000000000000000000000000000000000000
000000000000000000VffVVVVVffVffffVfV
ClNNNNNC lNNNNClC lNNNNN000000000000000000
o
f
No
0000000000
V V f f V f V V f f
NClC lClNNNNNN
0000000000
107
r
0
0
0
M
0
2
c
Co f
Z
EoI roo0
0
0
Z V
N
0 U 0 0
EoI II
c ol
EoI ell C
U
M M
o
l3tt
0000
Z zzzzzzzzzzz
00
N
I
0
ZZZZ
c
I I I I
M M M rt
0000
V V V V
0000
Z zzzzzzzzzzzz
p P 0EE
J 0UU
0ZZr0000UU0
7
v
c St t OIl OIl OIll5
l 9 0Il Cl Cl Cl
s 0Il
I V 0 0 0000Il2OIl
c 2 5 2 5 2 2UCJCJvoQ3vv OOOJJJlzlUUU
C
o
U
00
OOMO OOOOOMMM
o t t t 00 rt0 rtt 0 t t t t t
JS S
z G3 GHiEil
0000
ZZZZ
Cl Pl Pl UHI l
e e e e
o 0000tJJJJ
Cl 0000
Z rrrX
0000
d1 UUUU
JJ J J
Jt t t t
U I I I
Uv Ul
JJ JJ
t UZZZZCCCCuUlUl
o o o o L OUUUUc
05
S
C
s
lr
Q
0
bfU5t OOOCll
ci
t Q II
o t OIl OIl OIl
C OO O9 5 5 5O OOQUsgt0002lll000
U OU U U Cl Cl Cl Cl CIlCllU
M
oooootgoooooooo toooooottttLOMoootNtttMOOOtttOOOOCOMMMONOOO000OOOOOSSSSOOOOOOOO
0
s
o
tgU l
g 0 a
Q JCIlClloS0000VVl
r r J15
MJOVVoJOOON
r l
l0
0650Q
0 r o1UU0U Q110110
l 00 s l l
CCiO ii5Jr
r N
rr
OO O Cl Cl
00l lt
ala lCoo EEZ
o v Q
Q Q o v Q lC5lUU
gt1t O
2 2 5 5
rrV ala lS S
00 oooo
r
00 r r
0
al
Q Q Q Q 5
0
ca
00000
r r r r V
rrrrr
0000
0 0 0 0OOO OOO
0 0 0 Cl Cl Cl Cl o o o
Q Q Q s s s c Q Q Q
s c s c
uuut t t t uuu
t1I t Q Q Q Q 1I 1I 1I
22 2a aa a2 22
ala lal JJ JJa lala l
0000000000
0000000000
V V V V V V V V V V
t clff I
Ill
r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r rC
Q 00000 0 0 00 00 00 0 00 0 00 0 00 0 0 00 0 0 0 00 0000000000000000000000000000000000000
C N
0 0 0 0 0 0 0 0 0 00 00 0 N N N N N N N N N N N NN N rtM000000S20ccc
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000000000000000000000000000000
V N r oo 0 00 00 V t V r t V 0 r 0 N 00 00 0 0 t 00 0 0 M NttttttVM0MtNN000000000000r0000rrrr000r000rtM00rNr000ZNNNVNVVVNtttttMMttttNNNNNttMMMMMMMMMMrtMMMMMMMNMMMrtMMMMMrtMrtMMMCrtMMMMMMMrtMMMMMMMMMMMMMMMrtMrtMrtMMMMMS000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000C0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
r
0
0
M Io 0 0 0 0 0 0 0 0 0 000000 000 0 0000 0 0 00000000VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN00000000000000000000000000000000000
108
I
0
0
N
Eo 0
2
0
2
e t
z
Eo I000
0
0
Z on
N
0 CI 0 0
Eo 4
U
C Ol
Eo 4
on
U
CI
o
2
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
su S 0
0 OJ
9
tl 0r
2 2
E 8
u 00 uoou
r
0 u
k OJ r
l Ouuu lCu80252ut3oj05eu
o I r 2ol l
I
OJ u OJ ur O OO
00 l 5 u 5 OJ 0 0
0 0 0 0 0 0 0 CI oj J 9 0 ij 8 S S
OJ OJ OJ OJ c u OJ 0 s u B cUOJUOJotluuOJo0000000E000B8SZo 2 2ClCICICICICICIUrl
II
zzzz
I
I
N
0
0
u
s
0
e
l 1 2 l
bJ tS
o 15 2
O
8Ou80 lEi g
uoo ojDo
Z Z
a
0
u
oj
o
u
u00UU
OJ U
o o u
Cl CI 9
on
O
iii aOt
r jcoj
oj 0
os
I
0 0 5No
O u
8 oj N U 01ooouOJ1
ug
lJ UOOU 0 7Co0tgg0cc oj NuuOOuiiiotlCUlJN
Nl t t OOl uojclUoj0
N lon V on ll t l OJ
OJuc D ar000382t0rsursrrSllcSR
N N
1 1 1 1 1 1 1 1 1 1 1 1 100000000000000000000000000ttVononononVononon
00 00 00 00 00 00 00000000000000
I I I I
0000
0000
N N N N
on on on on
0 0 0 0
0000
1 1 1 1
0000
0000
on 0 0 0
0 0 0 00000
l N 00 N l 0 1 0 on 0 on N 00 on N 0 on l 0 0
J I I 0 0 0 0 I I on V on t I t 0 00 0
z 0 I 0 0 0 t t I I t I 0 I Itt0000NttNNNNtottNtN NlllllllNNlllllllllllllllllllllllllllllllllllllllllll2000000000000000000000000000000000000000000000000000000000000000000000000000000000000000ON000000000000000000u0000000oI0000000000000000000000000or000000000000000000I
0
0
l 0 0 000 0 0 0 0 0 0 0000 0 0 0 00 0 00 0000onononononononononononononononononononononononononononOJNNNNNNNNNNNNNNNNNNNNNNNNNNN0OO0000000000000000000000000
5
I
o
o
o
r
1 tOl0I
V
3 u
4 t ou
0 r t
Ol u u I
cO O 2UOJu
a
Cfl CI r
t
OJ
0
0
U
u 0 0 0 0 0 0 t 0 00 NO 0 N 000 0 t 00 o on N 0 t 0 on 00 tlO N t 0 0otIt0onIIONOttNttttI0Ntt0tll0I00010I00l0NO000NNo00NO0N0000NO0000NNONONNNNN00000000000000000000000000000000000
Il
o 0 c
u u 13t 0UuQOJ
soiiiiiionouojOJ
O 0 2
j l rl
OJ
1 1 1 1 1 1 1
Qgggggg
C
OJ l l l l l t
0
p
N
OJN
0 22on
r OJ OJ
oj ojonrll
0
I I I I00000000N
0 0 0 0
0 0 0 00000
0 M 0 I
N I
tt
N N 00
M l M l
M l l l
0 0 00
0 0 00
0 0 00
0 0 00
0 0 000000
0 0 00
on on on on
N N NN
0 0 00
109
rll
rll
cz
00
z
o
u
t
o
o
o
M
0
2
cE
t
o
o
N 0
V
NtOo
Qj
OJ
c Cl
ClI
t
o
o
M
o
t
o
Q
ell
rrJ
M
It
N
o
I
N
ZZ ZZZZZzZZ
I
M M
000VV0
v
000
d d 0
M M 0
6
w
01Ec
0
s C
8
It H U
0 t 0cldcie
u
0
alWO Z
I
I
M
o I
N
99
0 N N
Z
N
V
I
0
zzzzzzzzzzf5 zz
o
N
0
zzz
N
V
I
0
f5z
Q
cl
o
U
sgCJOVMdOMvOO ONOOOONd O OOOONOtOOOddOdMMddddOtdOd
o SS E
ol ol11 0
Il Il al
2 2 t9
cjcSSii
ell ol Illo
NN
Q
t t tellooo
000
cl
Q OO O
j
rtl 00 0
0 00
N
ZV i
M N
C i M M
0000000
ellooo000
iJggg
I ggg
V
W t tSo6W5
ffiz I t 0 E 0 0 tOE
ci 06 ciu3wsoWWoIlEtOllz0 t
I
o 5 I fI 0 fcGIlEEoUUcG0
wu l wc N cioSOc0tsO OOs t
S u s JJq
ro l 2 luO 9 uEE I lgzgl011Ctt001ctOOOWsOOOO1ctlOCOtciciIIo 0g010IlIlIrvIlIlIlIl01IlgIlWttIWl
I 0 E E cG o o a I EI EotttlUtttmZZtOtEEEOOOOEWWE
0
I olOl t
gb
o 3
0
wOa52
1 ctl E
0 g go
E 0 D
l 3g
a g a8lt
0
t t t t t
00000
00000
0 0 t t t
Il
0 0 0 0 000000
o Od t M
V t
ooN
NN d
MMMMM
MMMM i
00000
00000
00000
00000
00000
00000
00000
V on on on on
NNNNN
00000
I I
E E
o 0
e 2
0 D
Il Il
aa
0 0ol
t t
00
0 0
0 0
t r
00
00
t t
0 0
00
0 on
0 0
M
d N
r M
M M00
00
00
00
0000
00
V on
NN
00
N
ooooN
Il Il Il Il
Il Il Il Il
uuuu
1 lt 1 lt S3333
05050505
00000
u
t t t t t
00000
00000
0 0 0 0 0
00000
NOOonO
V d V on 0
00 000
c N
MMMMM
MMMMM00000
00000
00000
00000
00000
00000
00000
on on on on V
NNNNN
00000
00
00 d 0
V 0
V V
cio u
O OO
Io
I I 0oao
o al
c
tu u E1Il1
2 2rn
ol lal 0 V
ooot
I
t lrl
t t t t t00000
00000
0 0 0 00
0 0 0 0 000000
0 0 0
O V O O
O O
NN V
MMM iN
MMMMM
00000
00000
00000
00000
00000
00000
00000
on V V V V
NNNNN
00000
V
N
0000 0
NNV t t O O
E g
co
0
al
lll
000
co c
c I 0
ol l 0
E U l
0
l 0 3
e
grn
rS3
Q
I
ro
V
r
t
o
o
N
o
0
o
t t t
000
000
000
0 0 0
000
0
V
00
t
N
M
o
o
o
o
o
o
V t 00
t 0 0
N
d NN
M M M
i M M
000
000
000
000
000
000
o
V
N
o
000
V V V
N N N
000
0
co
0 I
Il
al 6
00cG
t
Itl0
rn t
00 rootlV
V
u
3
l
Q
ro
l
ll
o
t t t t
0000
0000
00
0 0 0 0
0000
t t t t
d d 0 t
t t d
d V d
M MM M
M MM M
000 0
0000
0000
0000
0000
0000
0000
V V V V
N N N N
0000
110
z
rJ1
l
Z
o
u
I
o
o
o
0
2
I
o
o
o
V
N
VlOO
4
c co
4
I
o
o
N
I
o
rFJ
rON
V
1
o 01
ZZZZZzZZZZZzzzzzzzzzzzzzzzzzzzzzzzz
Vl
s
lE Vl3
4 P UUga
c 0 s
U 5 a
E 0
tI
o
U
u
00
g
0
co
Vl
U
OE
0 g pgs
cga5lVl
U U
Ouos os
Oll l
N
t gn80gOt
0 5
O
o a 0
P Ug0bll
0 s 5 e
P U o0goa8
ZVlUPP
U U U
OVlO Oo Ooo
1 0 v 1 1l
g sg g og oo
VlVlVlVlCQVlCOCQ
bll
s
2
os
P
ii
U
1a
o
e
o
O
UococjBBVlssBUU0UUl
j
Ua
c
osr
ll o
CQ
EzOEU
wVl
o
ublltsoU32QVlOzUlP8
Qgfgfgfgfgf1lagfOPE
c oc 0 e3PPPwu3
U U U U U
0 000000
VlD
o V
tvv
tl
U U
U U
s s
os os
Vl Vl
s s
o 0
o 0
008 00 08
U U P U U U PUU0UUU0zz
0 0 0 0UUUU
U U U U
0 0 0 0
Vl Vl rzl Vl
0
s
0 l
tI O
co os
rn BcQ5Q0
OS EDiiog
3UosU
1t tt
2Q2tVl
coVco 5
s 00
0 001
7 t7 Cl
I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Icgggggggggggggggggggggggggggggggg
NNNNN tt tt tt tt tt ttv V V V VlVt00V000000t000t000000l0OtOtNNNItOOOOOOIOoOOOOOOONON0101010101010101010101010101010101010101010101
0
t
s
osa
5
s 1
U
0
0
n a
tii
00t000 t0000
I I
OONOOONOOOO
010 1010 1010 1010 1010 101
0Vl
os
EUUaU
p E oslo3e
j U UOosos ll
u j gt
o s
s s s s s E 0 E 5 ESJco5osossssssEEt u
EE 8
VtjjCljj3jjjljljl @
N N
I
OIV O NOI tO ooooNtV lt I NV OVl ool t 010 1IINVooooootVVlVttVVNNNooNNNVlNloooo0100
Z NN N I NNNNN tN
0c
00000000000000000000000000000000000000000000000000000000000000000ggggggggggggggggggggggggggggggggugggggggggggggggggggggggggggggggg
00 v
00 00
0
100000000000000000000000000000000olVVVVVVVVVVVVlVlVlVVlVVVVlVVVlVVlVlVlVVVVlVgggggggggggggggggggggggggggggggg
os
osP ll
os s
E g 5
E
s s U55
EE l
0
co
s
0
o
v
00
00
I I
o
t
I
1 1 1 1
0000
0000
v v v v
0 0 0 00000
0 I 00 01
00 00 00 00
tt t
I M cfI
0000
0000
0000
0000
0000
0000
0000
v v v v
NNNN
0000
111
Ec
c
z
Ec
00
l
Z
o
Ec
Ec
U
t
o
o
c
o
0
2
t
o
o
c 0
tn
Nen00
c Q
to
t
o
o
c
t
o
to
cn
zzzzzzzzzzzzz
u
0
t
I
c
g
l p
0
I
t
00 09
u gccc
enenenp
0
o
U
b1
c
C
o
I
0 C
I
I
I
c s
en
I
u
s
cd
l
s
Dl08
13138
c C OJjJjz
1
1
01
N
0
0 zzzzzzzzzzzzz
S
I
o
cJ
fL1
8 0 8
r
b1
l 3 t 5 0
o 5 E 0
I Uc O
OEuO l O9C0tI5u
C ool usu13EIE
o I 0 c cd
zbrZOEEs
u
0
ccd
t
I I
c U
C
b1 cd b1
c 3 s
V tfl c
p O O
13 E E
C 00 P
OO 9O 2
I I s 1 p tlIIOlCOCcdbrbrJjZJjs
I
cd
o O
IcdIocolen
t
ooo o o t NO NO Ooo oo o 00
o t NtO t Otno O t t t N
00
I I
I I
uu
It lt
c E E
ol ol
to
o
00
00
tn tn
t t t t t ttooooooo
oooooo
Occ c c c c
tntntntnO Occcccc
o
CS
e I u
lt5E
en ol
58
00 0
t l
0
Zol
oo
Q
rE
OtnO
000
tn t
0 t
t t
00
00
N N
0 0
C C
0 0
00
O O OO
o o o NOOtnt
z g
lM
000000000gggggggg
00000000
Ogggggggg
I gggggggg
N
N
r
o I
o U
g
a b1
0 13
cdl
enVi
ci r
t t
00
00
C C
0 t
C C
0 0
00
t 0
0 t
N
l
00
00
00
00
00
00
00
tn tn
NN
00
00
teteNN
NN
rr
t t
00
00
C C
0 0
00
00
0 0
0
N 00
N
00
00
00
00
00
00
00
tn tn
N N
00
cd
r
I@
l O@
c ol
o
l 0
cd Urtnlt
E
5rol
s
l
0
tn
0 0 Z
o 1ol@Eteco0
uO l
t
gtl55c e E
O oo@8 tntnC2
ot ogtl5
ooo rr 5otn0tn
O V
t t t t t t t
0000000
0000000
C C C C C C C
0000000 00
t C
0 0 0 0 0 0 0
0000000
t t t t t
000000OOOOONcccccN
00000
OO OO O
00000J
cn
cn
ottncn
z
tntnNo
Eoggg
OOOEo
000gggu
Eo
o
Eo
00 0
0 0
00 t
tntn t
t O 0 tn
N NNtn
0000000
0000000
0000000
0000000
0000000
0000000
00 0
tn tn
tn tn
00
00
00
00
00
00
000000000000
tntntntntntntntntntntntn
NNNNNNNNNNNN000000000000
112
CITY OF
CHANHASSEN Animal
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
34
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Traffic
Engineering
Phone 952227 1160
Fax 952 227 1170 30
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
June CSO Highlights
152 Total Calls
Wild animal calls 14
Barking Dog 2
Animal at large 6
Impounds 8
Miscellaneous 4
Personal injury crash 4
Property Damage crash 1
Stall Motorist assist 14
Other Traffic 5
Vehicle Lock Out 6
June Comparison
2006
Lock Outs 14
Animal 39
Traffic 57
Code 25
Other 12
Parks 10
Total
2007
Lock Outs 6
Animal 34
Traffic 30
Code 36
Other 18
Parks 28
133 Total 152
Parks Park Ordinance Enforcement 28
Code Enforcement
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
36
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952227 1125
Fax 952 227 1110
Other
Web Site
www ci chanhassen mn us
18
Junked Vehicle 0
Parking 5
Outdoor Storage 0
Misc 31
Medicals 4
Fire Calls 4
Other 10
Year To Date
Comparison
2006 2007
Lock Outs 49 Lock Outs
Animal 128 Animal
Traffic 221 Traffic
Code 93 Code
Other 95 Other
Parks 35 Parks
Total
41
180
211
97
130
100
586 Total 759
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 play113
@u@Uil u@@@@ill @uijJi1il@ f@W@UilQ @Uil
@@fW@ f @@IDUil @u@rrmtF@ @1lm@@
CITY OF
CIIlNIIASSEN
Chanhassen Public Safety Notice
Residential Burglary Damage to Property
July 3 2007
Residential Burglary Suspicious Activity
Two incidents reported on the night ofJuly 2 2007 serve as a reminder to close and lock doors especially patio
doors and ground floor windows before leaving home or going to bed
On the night ofJuly 2 a residential burglary was reported on Saratoga Drive one block north of Chanhassen
City Hall While the homeowners were gone someone entered through an open sliding glass door and took a
purse and wallet During the same time period of this burglary a suspicious incident was reported nearby on
Santa Vera Drive The homeowner on Santa Vera reported that she observed a male attempting to open her
unlocked sliding glass door but fled when he saw her
The Santa Vera suspect was described as a male unknown ethnicity between the ages of 18 25 dark hair
approximately 5 10 and 180 lbs
Damage to Property
On June 28 2007 the Carver County Sheriffs Office received 31 reports of vehicles and homes that were
covered with eggs syrup and ketchup Some properties were damaged by these acts A Chanhassen resident
provided the Sheriffs Office with a suspect vehicle license plate and description As a result three female
juveniles were arrested
Public Safety Reminders
Immediately report suspicious activity by calling 911
Lock doors and basement ground floor windows before leaving the house even for a short time or
when going to bed
Open garage doors create temptation Keep overhead garage side service doors closed and locked when
not in use especially after dark
Leave lights on or use automatic timers even when away just for the evening
Chanhassen Crime Prevention 952 227 1610
114
@u@ Jiu @ IJiJi@ f@W@JiU @Ji
@@fW@ f @@0llJi @u@rrtKKf@ @@
CITY OF
CIIlNIIASSEN
Theft of Copper from Construction Sites
Chanhassen
7 2 07
This notice is to make you aware of two 2 incidents reported involving significant
amounts of copper being stolen from Chanhassen commercial construction sites On
6 29 07 copper that had already been installed was ripped out and taken from a
construction site near Hwy 5 and Co Rd 41 On 2 6 07 several spools of copper
aluminum and tools were stolen from a construction site on Galpin Court
As you know theft of copper is an on going problem throughout the metro and the U S
Please contact us if you have any questions or would like to discuss crime deterrent
measures
Sgt Peter Anderley
Carver County Sheriff s Office
952 227 1601
Beth Hoiseth
Chanhassen Crime Prevention
952 227 1610
115
116
117
CITY OF
CBANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
3
MEMORANDUM
TO Mayor and City Council
FROM Greg Sticha Finance Director
July 23 2007 rIt6tDATE
SUBJ Issuance of Revenue Note St Hubert Catholic Community
BACKGROUND
The City has received a request froIn St Hllbert Catholic Community a state
and federal nonprofit corporation to allow them to use the city s bonding
authority to issue an educational revenue note fhe note is in the amount
6 2 million and is to refinance the remaining 1997 debt used to construct the
new school
The debt is the sole responsibility of the Obligor St Hubert Catholic
Community and the City will be the issuer but will have no legal or other
obligation to the debt St Hubert s also has the responsibility of paying all the
costs associated with the issuance of the notes In return for the allowance of
using the City s bonding authority St Hubert s is paying a fee of one quarter of
one percent 15 462 84
First a public hearing must be conducted on the sale of the note Then the City
Council can vote on the actual resolution to allow for the issuance of the revenue
note
RECOMMENDATION
Staff recommends that we hold the public hearing regarding this item as
required and then adopt the resolution allowing for the issuance of the revenue
note Approval of this item requires a simple majority vote of those City
Council members present
ATTACHMENTS
1
2
3
4
5
6
7
Resolution Approving the Issuancean dSale
Loan Agreement
Mortgage Security Agreement Fixture Financing Statement
Letter to Minnesota Dept of Employmentan d Economic Development
Application form
Educational Facilities Revenue Note Series 2007
Pledge Agreement
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
F GregS Bonding 2007 Bondingst huberts council memo doc
118
Extract of Minutes of a Meeting of the
City Council of the City of Chanhassen
Pursuant to due call and notice thereof a regular meeting of the City Council of
the City of Chanhassen was duly held in the City of Chanhassen Minnesota on Monday July
23 2007 at 7 00 o clock P M
The following members were present
and the following were absent
During said meeting introduced the following resolution and moved
its adoption
RESOLUTION NO
RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE 6 300 000
EDUCATIONAL FACILITIES REVENUE NOTE SERIES 2007 AND
AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO
ST HUBERT SCHOOL PROJECT
The motion for the adoption of the foregoing resolution was duly seconded by
Member and after full discussion thereof and upon vote being
taken thereon the following voted in favor thereof
and the following voted against the same
whereupon said resolution was declared duly passed and adopted
2047513vl
119
RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE
6 300 000 EDUCATIONAL FACILITIES REVENUE NOTE SERIES 2007
AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO
ST HUBERT SCHOOL PROJECT
WHEREAS
a Minnesota Statutes Sections 469 152 to 469 1651 as amended the Act
authorizes cities to issue revenue bonds to finance industrial development projects to promote the
welfare of the state by the active development of economically sound industry and commerce to
meet the needs of an increasing population and the need for development of land use which will
provide an adequate tax base to finance the increasing cost of governmental services and access
to employment opportunities for such population
b Factors necessitating the active promotion and development of
economically sound industry and commerce are the increasing concentration of population in the
metropolitan areas and the rapidly rising increase in the amount and cost of governmental
services required to meet the needs of the increased population and the need for development of
land use which will provide an adequate tax base to finance these increased costs and the need
for access to education and employment opportunities for such population
c The City Council of the City of Chanhassen Minnesota the City has
received from St Hubert Catholic Community a Minnesota religious corporation the
Borrower a proposal that the City assist in financing a Project hereinafter described through
the issuance of a revenue note or obligation in one or more series the Note pursuant to the
Act The project to be financed by the Note is the refinancing of outstanding debt used to
finance the acquisition construction and equipping of the St Hubert School facility located at
8201 Main Street in the City the Project The Project is owned and operated by the Borrower
d The City desires to facilitate the selective development of the community
promote education for children retain and improve the tax base and help to provide the range of
services and employment opportunities required by the population and the Project will assist the
City in achieving those objectives and will enhance the image and reputation of the community
e The City has been advised by representatives of the Borrower that with the
aid of municipal financing and its resulting low borrowing cost the Project is economically
more feasible
f No public official of the City has either a direct or indirect financial
interest in the Project nor will any public official either directly or indirectly benefit financially
from the Project
BE IT RESOLVED by the City Council of the City of Chanhassen Minnesota
the City as follows
2047513vl 2
120
SECTION 1 LEGAL AUTHORIZATION AND FINDINGS
1 1 Findings The City hereby finds determines and declares as follows
a The City is a political subdivision of the State of Minnesota and is
authorized under the Act to assist the revenue producing project herein referred to and to
issue and sell the Note as hereinafter defined for the purpose in the manner and uponthetermsandconditionssetforthintheActandinthisResolution
b As required by the Act and Section 147 t of the Internal Revenue Code of
1986 as amended the Code the City has on this same date held a public hearing on
the issuance of one or more revenue notes to finance the Project
c On the basis of information available to the City it appears and the CityherebyfindsthattheProjectconstitutespropertiesrealandpersonalusedorusefulin
connection with a revenue producing enterprise within the meaning of Subdivision 2 b
of Section 469 153 of the Act that the availability of financing under the Act and the
willingness of the City to furnish the financing will be a substantial inducement to the
Borrower to undertake the Project and that the effect of the Project if undertaken will be
to encourage the development of economically sound industry and commerce to assist in
the prevention of the emergence of blighted and marginal land to help prevent chronic
unemployment to help the region retain and improve the tax base to provide the range of
services and employment opportunities required by the population and to help prevent the
movement of talented and educated persons out of the state and to areas within the state
where their services may not be as effectively used and to promote more intensive
development and use of land within the region
d The issuance and sale of its approximately 6 300 000 Educational
Facilities Revenue Note Series 2007 St Hubert School Project the Note by the
City pursuant to the Act is in the best interest of the City and the City hereby
determines to issue the Note and to sell the Note to KleinBank the Lender as
provided herein The City will loan the proceeds of the Note the Loan to the
Borrower in order to finance the Project
e Pursuant to a Loan Agreement the Loan Agreement to be entered into
between the City and the Borrower the Borrower has agreed to repay the Note in
specified amounts and at specified times sufficient to pay in full when due the principal
of premium if any and interest on the Note In addition the Loan Agreement contains
provisions relating to the maintenance and operation of the Project indemnification
insurance and other agreements and covenants which are required or permitted by the
Act and which the City and the Borrower deem necessary or desirable for the financing
of the Project A draft of the Loan Agreement has been submitted to the City Council
t Pursuant to a Pledge Agreement to be entered into between the City and
the Lender the City has pledged and granted a security interest in all of its rights title
and interest in the Loan Agreement to the Lender except for certain rights of
2047513vl 3
121
indemnification and to reimbursement for certain costs and expenses A draft of the
Pledge Agreement has been submitted to the City Council
g Pursuant to a Mortgage Assignment of Leases and Rents Security
Agreement and Fixture Financing Statement the Mortgage to be executed by the
Borrower in favor of the Lender the Borrower has secured payment of amounts due
under the Loan Agreement and Note by granting to the Lender a mortgage and security
interest in the property described therein A draft of the Mortgage has been submitted to
the City Council
h The Note will be a special limited obligation of the City The Note shall
not be payable from or charged upon any funds other than the revenues pledged to the
payment thereof nor shall the City be subject to any liability thereon No holder of the
Note shall ever have the right to compel any exercise of the taxing power of the City to
pay the Note or the interest thereon nor to enforce payment thereof against any property
of the City The Note shall not constitute a debt of the City within the meaning of any
constitutional or statutory limitation
i It is desirable feas ble and consistent with the objects and purposes of the
Act to issue the Note for the purpose of financing the costs of the Project
1 Nothing in this resolution or the documents prepared pursuant hereto shall
authorize the expenditure of any municipal funds on the Project other than the revenues
derived from the Project or otherwise granted to the City for this purpose The Note shall
not constitute a charge lien or encumbrance legal or equitable upon any property or
funds of the City except the revenue and proceeds pledged to the payment thereof nor
shall the City be subject to any liability thereon The holder of the Note shall never have
the right to compel any exercise of the taxing power of the City to pay the outstanding
principal on the Note or the interest thereon or to enforce payment thereon against any
property of the City except such property as may be expressly pledged for the security of
the Note The Note shall recite in substance that the Note including the interest thereon
are payable solely from the revenue derived from the Project and pledged to the payment
thereof The Note shall not constitute a debt of the City within the meaning of any
constitutional or statutory limitation
1 2 Authorization and Ratification of Proiect The City has heretofore and does
hereby authorize the Borrower in accordance with the provisions of the Act and subject to the
terms and conditions imposed by the Lender to provide for the acquisition construction and
equipping of the Project by such means as shall be available to the Borrower and in the manner
determined by the Borrower and without advertisement for bids as may be required for the
construction acquisition and equipping of other municipal facilities and the City hereby ratifies
affirms and approves all actions heretofore taken by the Borrower consistent with and in
anticipation of such authority
SECTION 2 THE NOTE
2047513vl 4
122
2 1 Authorized Amount and Form of Note The Note issued pursuant to this
Resolution shall be in substantially the form submitted to the City Council with such appropriate
variations omissions and insertions as are permitted or required by this Resolution and in
accordance with the further provisions hereof and the total aggregate principal amount of the
Note that may be outstanding hereunder is expressly limited to 6 300 000 unless a duplicate
Note is issued pursuant to Section 2 7
2 2 The Note The Note shall be dated as of the date of delivery to the Lender shall
be payable at the times and in the manner shall bear interest at the rate and shall be subject to
such other terms and conditions as are set forth therein
2 3 Execution The Note shall be executed on behalf of the City by the signatures of
its Mayor and Manager and shall be sealed with the seal of the City provided that the seal may
be intentionally omitted as provided by law In case any officer whose signature shall appear on
the Note shall cease to be such officer before the delivery of the Note such signature shall
nevertheless be valid and sufficient for all purposes the same as if had remained in office until
delivery In the event of the absence or disability of the Mayor or the Manager such officers of
the City as in the opinion of the City Attorney may act in their behalf shall without further act
or authorization of the City Council execute and deliver the Note
2 4 Delivery of Initial Note Before delivery of the Note there shall be filed with the
Lender except to the extent waived by the Lender the following items
1 an executed copy of each of the following documents
a the Loan Agreement
b the Pledge Agreement
c the Mortgage
2 an opinion of Counsel for the Borrower as prescribed by the Lender and
Bond Counsel
3 the opinion of Bond Counsel as to the validity and tax exempt status of the
Note
4 a 501 c 3 determination letter from the Internal Revenue Service
evidencing that the Borrower is exempt from income taxation under Section 501 c 3 of
the Code
5 such other documents and opinions as Bond Counsel may reasonably
require for purposes of rendering its opinion required in subsection 3 above or that the
Lender may reasonably require for the closing
2 5 Disposition of Note Proceeds Upon delivery of the Note to Lender the Lender
shall on behalf of the City disburse the proceeds of the Note for payment of Project Costs in
accordance with the terms of the Loan Agreement
2047513vl 5
123
2 6 Registration of Transfer The City will cause to be kept at the office of the City
Manager a Note Register in which subject to such reasonable regulations as it may prescribe the
City shall provide for the registration of transfers of ownership of the Note The Note shall be
initially registered in the name of the Lender and shall be transferable upon the Note Register by
the Lender in person or by its agent duly authorized in writing upon surrender of the Note
together with a written instrument of transfer satisfactory to the City Manager duly executed by
the Lender or its duly authorized agent The following form of assignment shall be sufficient for
said purpose
For value received hereby sells assigns and transfers unto
the within Note of the City of Chanhassen Minnesota and
does hereby irrevocably constitute and appoint attorney to
transfer said Note on the books of said City with full power of substitution in the
premises The undersigned certifies that the transfer is made in accordance with
the provisions of Section 2 9 of the Resolution authorizing the issuance of the
Note
Dated
Registered Owner
Upon such transfer the City Manager shall note the date of registration and the name and address
of the new Lender in the Note Register and in the registration blank appearing on the Note
2 7 Mutilated Lost or Destroyed Note In case any Note issued hereunder shall
become mutilated or be destroyed or lost the City shall if not then prohibited by law cause to
be executed and delivered a new Note of like outstanding principal amount number and tenor in
exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in
substitution for such Note destroyed or lost upon the Lender s paying the reasonable expenses
and charges of the City in connection therewith and in the case of a Note destroyed or lost the
filing with the City of evidence satisfactory to the City with indemnity satisfactory to it If the
mutilated destroyed or lost Note has already matured or been called for redemption in
accordance with its terms it shall not be necessary to issue a new Note prior to payment
2 8 Ownership of Note The City may deem and treat the person in whose name the
Note is last registered in the Note Register and by notation on the Note whether or not such Note
shall be overdue as the absolute owner of such Note for the purpose of receiving payment of or
on account of the Principal Balance redemption price or interest and for all other purposes
whatsoever and the City shall not be affected by any notice to the contrary
2 9 Limitation on Note Transfers The Note has been issued without registration
under state or other securities laws pursuant to an exemption for such issuance and accordingly
the Note may not be assigned or transferred in whole or part nor may a participation interest in
the Note be given pursuant to any participation agreement except i in amounts not less than
100 000 ii not more than 35 persons each of whom have knowledge and experience in
financial business matters and that are capable of evaluating the merits and rules of the
2047513vl 6
124
investment in the Note and are not purchasing for more than one account or with a view to
distributing the Note or their interest therein Any such sale assignment or participation shall
also be i in full good faith compliance with all securities registration broker anti fraud and
other provisions of the applicable state and federal laws ii with full and accurate disclosure of
all material facts to the prospective purchaser s or transferee s and iii under effective federal
and state registration statements which neither the City nor the Borrower shall in any way be
obligated to provide or under exemptions from such registrations
2 10 Issuance of New Notes Subject to the provisions of Section 2 9 the City shall at
the request and expense of the Lender issue new notes in aggregate outstanding principal
amount equal to that of the Note surrendered and of like tenor except as to number principal
amount and the amount of the monthly installments payable thereunder and registered in the
name of the Lender or such transferee as may be designated by the Lender
SECTION 3 MISCELLANEOUS
3 1 Severability If any provision of this Resolution shall be held or deemed to be or
shall in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction
or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of
any constitution or statute or rule or public policy or for any other reason such circumstances
shall not have the effect of rendering the provision in question inoperative or unenforceable in
any other case or circumstance or of rendering any other provision or provisions herein
contained invalid inoperative or unenforceable to any extent whatever The invalidity of any
one or more phrases sentences clauses or paragraphs in this Resolution contained shall not
affect the remaining portions of this Resolution or any part thereof
3 2 Authentication of Transcript The officers of the City are directed to furnish to
Bond Counsel certified copies of this Resolution and all documents referred to herein and
affidavits or certificates as to all other matters which are reasonably necessary to evidence the
validity of the Note All such certified copies certificates and affidavits including any
heretofore furnished shall constitute recitals of the City as to the correctness of all statements
contained therein
3 3 Authorization to Execute Agreements The forms of the proposed Loan
Agreement the Pledge Agreement and the Mortgage are hereby approved in substantially the
form heretofore presented to the City Council together with such additional details therein as
may be necessary and appropriate and such modifications thereof deletions therefrom and
additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to
the execution of the documents and the Mayor and Manager of the City are authorized to
execute the Loan Agreement and the Pledge Agreement in the name of and on behalf of the City
and such other documents as Bond Counsel consider appropriate in connection with the issuance
of the Note In the event of the absence or disability of the Mayor or the Manager such officers
of the City as in the opinion of the City Attorney may act in their behalf shall without further
act or authorization of the City Council do all things and execute all instruments and documents
required to be done or executed by such absent or disabled officers The execution of any
instrument by the appropriate officer or officers of the City herein authorized shall be conclusive
evidence of the approval of such documents in accordance with the terms hereof
2047513vl 7
125
3 4 Qualified Tax Exempt Obligation In order to qualify the Note as a qualified
tax exempt obligation within the meaning of Section 265 b 3 of the Internal Revenue Code of
1986 as amended the Code the City hereby makes the following factual statements and
representations
a the Note is not treated as a private activity bond under Section 265 b 3
of the Code
b the City hereby designates the Note as a qualified tax exempt obligation
for purposes of Section 265 b 3 of the Code
c the reasonably anticipated amount of tax exempt obligations other than
obligations described in clause ii of Section 265 b 3 C of the Code which will be
issued by the City and all entities whose obligations will be aggregated with those of the
City during the calendar year 2007 will not exceed 10 000 000 and
d not more than 10 000 000 of obligations issued by the City during the
calendar year 2007 have been designated for purposes of Section 265 b 3 of the Code
2047513vl 8
126
Adopted by the City council of the City of Chanhassen Minnesota this 23rd day
of August 2007
Mayor
ATTEST
City Manager
2047513vl 9
127
STATE OF MINNESOTA
COUNTIES OF CARVER AND HENNEPIN
CITY OF CHANHASSEN
I the undersigned being the duly qualified and acting Manager of the City of
Chanhassen DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office and that the same is a full true and
complete transcript of the minutes of a meeting of the City Council duly called and held on the
date therein indicated insofar as such minutes relate to a resolution authorizing the issuance of a
revenue note
WITNESS my hand this day of August 2007
Manager
2047513vl 10
128
UNITED STATES OF AMERICA
ST ATE OF MINNESOTA
COUNTIES OF CARVER AND HENNEPIN
CITY OF CHANHASSEN
Educational Facilities Revenue Note Series 2007
St Hubert School Project
6 185 137
FOR V ALUE RECEIVED the CITY OF CHANHASSEN Carver and Hennepin
Counties Minnesota the City hereby promises to pay KLEINBANK in Chanhassen
Minnesota its successors or registered assigns the Lender from the source and in the manner
hereinafter provided the principal sum of SIX MILLION ONE HUNDRED EIGHTY FIVE
THOUSAND ONE HUNDRED THIRTY SEVEN DOLLARS 6 185 137 or so much thereof
as remains unpaid from time to time the Principal Balance with interest thereon from the
date hereof until paid or otherwise discharged as set forth below in any coin or currency which
at the time or times of payment is legal tender for the payment of public or private debts in the
United States of America in accordance with the terms hereinafter set forth
1 Commencing on the date hereof and continuing though August 2012
the First Adjustment Date interest shall accrue at the initial rate of 4 59 per annum the
Initial Rate
2 On August in the years 2012 2017 and 2022 each an Adjustment
Date the interest rate on this Note for interest payable commencing the day of the
following month will be adjusted to a rate per annum equal to of the then current rate of
the Treasury Constant Maturities Index for five year obligations as reported by the Federal
Reserve for the preceding month the Adjusted Rate Except in the event of a Determination
of Taxability as defined in the Loan Agreement the annual rate of interest payable hereunder
shall not increase by more than 250 basis points during the term of this Note
3 Principal and interest on this Note shall be payable in 240 equal monthly
installments on the day of each month commencing September 2007 and continuing
thereafter until August 23 2027 the Final Maturity Date in such amounts as are required to
fully amortize the Principal Balance together with accrued interest thereon at the interest rate
then in effect over the remaining term of the Note and monthly payments of principal and
interest shall be recomputed as of each Adjustment Date Payments shall be applied first to
amounts which are neither principal nor interest next to interest due on the Principal Balance
and thereafter to reduction of the Principal Balance
4 In any event the payments hereunder shall be sufficient to pay all
principal and interest due as such principal and interest becomes due and to pay any premium
as defined in the Loan Agreement described below or service charge at maturity upon
redemption or otherwise Interest shall be computed on the basis of the actual number of days
elapsed in a year of 365 or 366 days as applicable
2047522vl
129
5 Principal and interest and premium or service charge if any due
hereunder shall be payable at the principal office of the Lender or at such other place as the
Lender may designate in writing
6 This Note is issued by the City to provide funds for a project as defined in
Minnesota Statutes Section 469 152 consisting of refinancing outstanding debt used to finance
the acquisition construction and equipping of the St Hubert School facility located at 8201 Main
Street which is owned and operated by St Hubert Catholic Community a Minnesota religious
corporation the Borrower pursuant to a Loan Agreement dated as of August 2007 by and
between the City and the Borrower the Loan Agreement and this Note is further issued
pursuant to and in full compliance with the Constitution and laws of the State of Minnesota
particularly Minnesota Statutes Sections 469 152 to 469 1651 and pursuant to a resolution of the
City Council duly adopted on July 23 2007 the Resolution
7 This Note is secured by a Pledge Agreement of even date herewith
between the City and the Lender the Pledge Agreement and is further secured by a Mortgage
Security Agreement and Fixture Financing Statement of even date herewith executed by the
Borrower as mortgagor in favor of the Lender as mortgagee the Mortgage
8 The City for itself its successors and assigns hereby waives demand
presentment protest and notice of dishonor and to the extent permitted by law the Lender may
extend interest and or principal of or any service charge or premium due on this Note including
the Final Maturity Date or release any part or parts of the property and interest subject to the
Mortgage or to any other security document from the same all without notice to or consent of
any party liable hereon or thereon and without releasing any such party from such liability and
whether or not as a result thereof the interest on the Note is no longer exempt from the federal or
state income tax In no event however may the Final Maturity Date of the Note be extended
beyond thirty 30 years from the date hereof
9 This Note may be prepaid in whole or in part at the option of the
Borrower on any monthly payment date as provided in Section 5 1 of the Loan Agreement by
paying the principal interest and without premium or penalty Notice of any such prepayment
shall be given to the Lender by first class mail addressed to the Lender at its registered address
not less than thirty 30 days prior to the date fixed for prepayment At the date fixed for
prepayment funds shall be paid to the Lender at its registered address appearing below If the
Borrower so requests and if partial prepayment is in excess of 5 00 of the outstanding
principal balance of this Note on the date of a partial prepayment of this Note the installments
hereunder will be adjusted to amortize the then outstanding principal amount over the remaining
term of this Note payable commencing with the next installment due after such prepayment
10 Upon a Determination of Taxability as defined in the Loan Agreement
and Mortgage this Note shall convert to a taxable obligation and the interest rate for interest
payable commencing the day of the following month shall be adjusted to an interest rate
per annum equal to the Treasury Constant Maturities Index for Five year obligations as published
in the Federal Reserve Statistical Release H 15 for the nearest business day preceding the
Determination of Taxability plus basis points the Taxable Rate Any interest accruing
from the Date of Taxability which is retroactively due as a result of the interest rate adjustment
2047522vl 2
130
shall be payable on the day of the following month along with regularly scheduled principal
payment and interest accruing from the previous payment date at the Taxable Rate
11 Any partial prepayment shall be applied first to amounts which are neither
principal nor interest next to the interest accrued on this Note and finally shall be applied against
the principal portion of the installments due under this Note in inverse order of maturity The
monthly payments due under Paragraph 3 hereof shall continue to be due and payable in full
until the entire Principal Balance accrued interest and any premium due on this Note have been
paid
12 As provided in the Resolution and subject to certain limitations set forth
therein this Note is only transferable upon the books of the City at the office of the City
Manager by the Lender in person or by its agent duly authorized in writing at the Lender s
expense upon surrender hereof together with a written instrument of transfer satisfactory to the
City Manager duly executed by the Lender or its duly authorized agent Upon such transfer the
City Manager will note the date of registration and the name and address of the new registered
owner in the registration blank appearing below The City may deem and treat the person in
whose name the Note is last registered upon the books of the City with such registration noted on
the Note as the absolute owner hereof whether or not overdue for the purpose of receiving
payment of or on the account of the Principal Balance redemption price or interest and for all
other purposes and all such payments so made to the Lender or upon his order shall be valid and
effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so
paid and the City shall not be affected by any notice to the contrary
13 All of the agreements conditions covenants provisions and stipulations
contained in the Resolution the Mortgage the Loan Agreement and the Pledge Agreement are
hereby made a part of this Note to the same extent and with the same force and effect as if they
were fully set forth herein
14 This Note and interest thereon and any service charge or premium if any
due hereunder are payable solely from the revenues and proceeds derived from the Loan
Agreement and the Mortgage and do not constitute a debt of the City within the meaning of any
constitutional or statutory limitation are not payable from or a charge upon any funds other than
the revenues and proceeds pledged to the payment thereof and do not give rise to a pecuniary
liability of the City or any of its officers agents or employees and no holder of this Note shall
ever have the right to compel any exercise of the taxing power of the City to pay this Note or the
interest thereon or to enforce payment thereof against any property of the City and this Note
does not constitute a charge lien or encumbrance legal or equitable upon any property of the
City and the agreement of the City to perform or cause the performance of the covenants and
other provisions herein referred to shall be subject at all times to the availability of revenues or
other funds furnished for such purpose in accordance with the Loan Agreement sufficient to pay
all costs of such performance or the enforcement thereof
15 If an Event of Default as that term is defined in the Mortgage and the
Loan Agreement shall occur then the Lender shall have the right and option to declare the
Principal Balance and accrued interest thereon immediately due and payable whereupon the
same plus any premiums or service charges shall be due and payable but solely from sums
2047522vl 3
131
made available under the Loan Agreement and the Mortgage Failure to exercise such option at
any time shall not constitute a waiver of the right to exercise the same at any subsequent time
16 The remedies of the Lender as provided herein and in the Mortgage the
Loan Agreement and the Pledge Agreement are not exclusive and shall be cumulative and
concurrent and may be pursued singly successively or together at the sole discretion of the
Lender and may be exercised as often as occasion therefor shall occur and the failure to
exercise any such right or remedy shall in no event be construed as a waiver or release thereof
17 The Lender shall not be deemed by any act of omission or commission to
have waived any of its rights or remedies hereunder unless such waiver is in writing and signed
by the Lender and then only to the extent specifically set forth in the writing A waiver with
reference to one event shall not be construed as continuing or as a bar to or waiver of any right or
remedy as to a subsequent event
18 This Note has been issued without registration under state or federal or
other securities laws pursuant to an exemption for such issuance and accordingly the Note may
not be assigned or transferred in whole or part nor may a participation interest in the Note be
given pursuant to any participation agreement except in accordance with an applicable
exemption from such registration requirements
19 The City has designated this Note as a qualified tax exempt obligation
pursuant to Section 265 b 3 of the Internal Revenue Code of 1986 as amended
IT IS HEREBY CERTIFIED AND RECITED that all conditions acts and things
required to exist to happen and to be performed precedent to or in the issuance of this Note do
exist have happened and have been performed in regular and due form as required by law
2047522vl 4
132
IN WITNESS WHEREOF the City has caused this Note to be duly executed in
its name by the manual signatures of the Mayor and Manager the corporate seal having been
intentionally omitted as permitted by law and has caused this Note to be dated as of August
2007
CITY OF CHANHASSEN MINNESOTA
Mayor
Attest
Manager
2047522vl 5 1
133
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid Principal Balance of this Note and the interest accruing
thereon is registered on the books of the City of Chanhassen in the name of the holder last noted
below
Date of
Registration
Name and Address
Registered Owner
Signature of City
Manager
August 2007
KleinBank
600 West 78th Street
Chanhassen MN 55317
2047522vl 5 2
134
LOAN AGREEMENT
BETWEEN
CITY OF CHANHASSEN MINNESOTA
AND
ST HUBERT CATHOLIC COMMUNITY
Dated as of August 2007
Except for certain reserved rights the interest of the City of Chanhassen Minnesota in this Loan
Agreement has been pledged and assigned to KleinBank pursuant to a Pledge Agreement of
even date herewith
This instrument was drafted by
BRIGGS AND MORGAN JSB
Professional Association
2200 First National Bank Building
St Paul Minnesota 55101
2047476vl
135
TABLE OF CONTENTS
This Table of Contents is Not a Part of the Loan Agreement
but is included for convenience only
Page
ARTICLE 1 DEFINITIONS EXHIBITS AND RULES OF INTERPRETATION 1
Secti on 1 1 Defi ni ti ons 1
Section 1 2 Rules of Interpretation 3
ARTICLE 2 REPRESENT ATI0 NS 4
Section 2 1 Representations by the City 4
Section 2 2 Representations by the Borrower 4
ARTICLE 3 TIm LOAN 7
Section 3 1 Amount and Source of Loan 7
Section 3 2 Documents Required Prior to Disbursement of the Loan 7
Section 3 3 Disbursement of the Loan 8
Secti on 3 4 Repaymen t 8
Section 3 5 Borrower s Obligations Unconditional 8
ARTICLE 4 BORROWER S COVENANTS 9
Section 4 1 Indemni ty 9
Section 4 2 Continuing Existence and Qualification 9
Section 4 3 Reports to Governmental Agencies 10
Section 4 4 Security for the Loan 10
Section 4 5 Preservation of Tax Exemption 10
Section 4 6 Lease or Sale of Project 13
Section 4 7 Project Operation and Maintenance Expenses 13
Section 4 8 Notification of Changes 13
Section 4 9 Financial Information and Reporting 14
ARTICLE 5 PREPAYMENT OF LOAN 15
Section 5 1 Prepayment at Option of Borrower 15
ARTICLE 6 EVENTS OF DEFAULT AND REMEDIES 16
Section 6 1 Events of Default 16
Section 6 2 Remedies 17
Section 6 3 Disposition of Funds 17
Section 6 4 Manner of Exercise 17
Section 6 5 Attorneys Fees and Expenses 18
Section 6 6 Effect of Waiver 18
ARTICLE 7 GENERAL 19
Section 7 1 Notices 19
Section 7 2 Binding Effect 19
Section 7 3 Severability 19
Section 7 4 Amendments Changes and Modifications 19
Section 7 5 Execution Counterparts 0 0 0 0 0 0 19
2047476vl
136
2047476vl
Section 7 6
Section 7 7
Section 7 8
Section 7 9
Section 7 10
Section 7 11
TABLE OF CONTENTS
This Table of Contents is Not a Part of the Loan Agreement
but is included for convenience only
Page
Limitati on of City s Liability 19
City s Attorneys Fees and Costs 20
Release 20
Assignment by City and Survivorship of Obligations 20
Required Approval s 21
Termination Upon Retirement of Note 21
11
137
THIS LOAN AGREEMENT dated as of August 2007 between the City of
Chanhassen a Minnesota municipal corporation of the State of Minnesota called herein the City
and St Hubert Catholic Community a Minnesota religious corporation called herein the
Borrower
WITNESSES that the City and the Borrower each in consideration of the
representations covenants and agreements of the other as set forth herein mutually represent
covenant and agree as follows
ARTICLE 1
DEFINITIONS EXHIBITS AND RULES OF INTERPRETATION
Section 1 1 Definitions In this Agreement the following terms have the
following respective meanings unless the context hereof clearly requires otherwise
Act Minnesota Statutes Sections 469 152 to 469 1651 as amended
ADA Indemnification Agreement the ADA Indemnification Agreement dated the date
hereof and executed by the Borrower in favor of the Lender
Agreement this Agreement between the City and the Borrower as the same may from
time to time be amended or supplemented as herein provided
Bond Counsel the firm of Briggs and Morgan Professional Association of Saint Paul
and Minneapolis Minnesota and any opinion of Bond Counsel shall be a written opinion signed
by such Bond Counsel
Borrower St Hubert Catholic Community a Minnesota religious corporation its
successors and assigns and any surviving resulting or transferee business entity which may
assume its obligations in accordance with the provisions of this Agreement
City the City of Chanhassen Minnesota its successors and assigns
Closing the date there is physical delivery of the Note to the Lender and payment
therefore
Code the Internal Revenue Code of 1986 as amended and the temporary final or
proposed regulations promulgated thereunder
Counsel an attorney designated by or acceptable to the Lender duly admitted to practice
law before the highest court of any state an attorney for the Borrower or the City may be eligible
for appointment as Counsel
Date of Taxability this term shall have the meaning ascribed to it in Section 4 5 2
hereof
2047476vl
138
Determination of Taxability this term shall have the meaning ascribed to it in Section
4 5 2 hereof
Event of Default any of the events described in Section 6 1 hereof
GAAP generally accepted accounting principles
Hazardous Waste Indemnification the Hazardous Waste Indemnification dated the date
hereof and executed by the Borrower in favor of the Lender
Issuance Expenses shall mean any and all costs and expenses relating to the issuance
sale and delivery of the Note including but not limited to any fees of the Lender all fees and
expenses of legal counsel financial consultants feasibility consultants and accountants any fee
to be paid to the Issuer the preparation and printing of this Loan Agreement the Mortgage the
Resolution the Pledge Agreement the Note and all other related documents and all other
expenses relating to the issuance sale and delivery of the Note and any other costs which are
treated as issuance costs within the meaning of Section 147 g of the Code
Land the real property and any other easements and rights described in Exhibits A and B
to the Mortgage
Lender KleinBank a Minnesota state banking corporation in Chanhassen Minnesota
its successors and assigns
Loan the loan of Note proceeds from the City to the Borrower described in Section 3 1
of this Agreement
Mortgage the Mortgage Assignment of Leases and Rents Security Agreement and
Fixture Financing Statement dated as of August 2007 between the Borrower as mortgagor
and the Lender as mortgagee
Note the 6 185 137 Educational Facilities Revenue Note Series 2007 St Hubert
School Project to be issued by the City pursuant to the Resolution
Pledge Agreement the pledge agreement of even date herewith between the City and the
Lender pledging and assigning the City s interest in the Loan Agreement to the Lender to the
extent provided therein
Principal Balance so much of the principal sum on the Note as from time to time and
remains unpaid
Proiect refinancing outstanding debt used to finance the acquisition construction and
equipping of improvements to the St Hubert School facility located at 8201 Main Street in the
City The Project specifically does not include any facilities that may be used primarily as a
place of devotional activities religious worship or sectarian indoctrination which sectarian
facilities have been financed with other funds available to the Borrower and not from Note
proceeds
2047476vl 2
139
Proiect Costs all direct costs authorized by the Act and paid or incurred by the
Borrower to refinance the Project provided however that notwithstanding the foregoing in no
event shall the term Project Costs include payment of the costs of any portion of the Project that
is designed for use or will be used primarily as a place for devotional activities or religious
worship
Resolution the Final Note Resolution of the City adopted July 23 2007 authorizing the
issuance of the Note together with any supplement or amendment thereto
State the State of Minnesota
Taxable Rate an interest rate per annum equal to the Treasury Constant Maturities Index
for Five year obligations as reported by the Federal Reserve for the nearest business day
preceding a Determination of Taxability plus basis points
Treasury Regulations all proposed temporary or permanent federal Income tax
regulations then in effect and applicable
Section 1 2 Rules of Interpretation
1 This Agreement shall be interpreted in accordance with and governed by the laws
of the State of Minnesota
2 The words herein and hereof and words of similar import without reference
to any particular section or subdivision refer to this Agreement as a whole rather than to any
particular section or subdivision hereof
3 References herein to any particular section or subdivision hereof are to the section
or subdivision of this instrument as originally executed
4 Where the Borrower is permitted or required to do or accomplish any act or thing
hereunder the City may cause the same to be done or accomplished with the same force and
effect as if done or accomplished by the Borrower
5 The Table of Contents and titles of articles and sections herein are for
convenience only and are not a part of this Agreement
6 Unless the context hereof clearly requires otherwise the singular shall include the
plural and vice versa and the masculine shall include the feminine and vice versa
7 Articles sections subsections and clauses mentioned by number only are those so
numbered which are contained in this Agreement
8 References to the Note as tax exempt or to the tax exempt status of the Note
are to the exclusion of interest on the Note from gross income pursuant to Section 103 a of the
Code
2047476vl 3
140
ARTICLE 2
REPRESENTA TIONS
Section 2 1 Representations by the City The City makes the following
representations as the basis for its covenants herein
1 The City is a duly organized and existing municipal corporation pursuant to the
laws of the State of Minnesota and is authorized to issue the Note to finance Project Costs
pursuant to the Act
2 In authorizing the Project the City s purpose is and in its judgment the effect
thereof will be to promote the public welfare by the attraction encouragement and development
of economically sound industry and commerce so as to prevent so far as possible the emergence
of blighted and marginal lands and areas of chronic unemployment and to aid in the
redevelopment of areas of existing blight marginal land and persistent unemployment the
development of industry to use the available resources of the community in order to retain the
benefit of the community s existing investment in educational and public service facilities
halting the movement of talented educated personnel of mature age to other areas and thus
preserving the economic and human resources needed as a base for providing governmental
services and facilities providing accessible employment opportunities for residents in the area
and the expansion of an adequate tax base to finance the increase in the amount and cost of
governmental services
3 The issuance and sale of the Note the execution and delivery of this Agreement
and the Pledge Agreement and the performance of all covenants and agreements of the City
contained in this Agreement the Note and the Pledge Agreement and of all other acts and things
required under the Constitution and laws of the State of Minnesota to make this Agreement the
Pledge Agreement and Note valid and binding obligations of the City in accordance with their
terms are authorized by the Act and have been duly authorized by a resolution of the governing
body of the City adopted at a meeting thereof duly called and held on July 23 2007 by the
affirmative vote of not less than a majority of its members
4 Pursuant to the Resolution the City has authorized and directed the Lender to
disburse the proceeds of the Note directly to the Borrower and such other parties as may be
entitled to payment for Project Costs upon receipt of such supporting documentation as the
Lender may deem reasonably necessary or as required by this Agreement
5 No public official of the City has either a direct or indirect financial interest in
this Agreement nor will any public official either directly or indirectly benefit financially from
this Agreement
Section 2 2 Representations by the Borrower The Borrower makes the
following representations as the basis for its covenants herein
1 The Borrower is a Minnesota religious corporation duly incorporated and in good
standing under the laws of the State of Minnesota is duly authorized to conduct its business in
all states where its activities require such authorization has power to enter into this Agreement
2047476vl 4
141
the Hazardous Waste Indemnification the ADA Indemnification and the Mortgage and to use
the Project for the purpose set forth in this Agreement and by proper corporate action has
authorized the execution and delivery of this Agreement the Hazardous Waste Indemnification
the ADA Indemnification and the Mortgage
2 The Borrower is an organization described in Section 501 c 3 of the Code and is
exempt from tax under Section 501 a of the Code The Borrower is not a private foundation
as defined in Section 509 a of the Code Not more than five percent 5 of the proceeds of the
Note will be used directly or indirectly to finance or refinance property used in an unrelated
trade or business of the Borrower determined by applying Section 513 c of the Code or in the
trade or business of any person other than an organization described in Section 501 c 3 of the
Code There is no action proceeding or investigation pending or threatened by the Internal
Revenue Service or authorities of the State of Minnesota which if adversely determined might
result in a modification of the status of the Borrower as a Section 501 c 3 corporation
3 The execution and delivery of this Agreement the Hazardous Waste
Indemnification the ADA Indemnification and the Mortgage the consummation of the
transactions contemplated thereby and the fulfillment of the terms and conditions thereof do not
and will not conflict with or result in a breach of any of the terms or conditions of the Borrower s
articles of incorporation its bylaws any restriction or any agreement or instrument to which the
Borrower or any of its partners is now a party or by which it is bound or to which any property of
the Borrower is subject and do not and will not constitute a default under any of the foregoing or
a violation of any order decree statute rule or regulation of any court or of any state or federal
regulatory body having jurisdiction over the Borrower or its properties including the Project
and do not and will not result in the creation or imposition of any lien charge or encumbrance of
any nature upon any of the property or assets of the Borrower contrary to the terms of any
instrument or agreement to which the Borrower is a party or by which it is bound
4 As of the date hereof the use of the Project as designed and operated complies in
all material respects with all presently applicable development pollution control water
conservation and other laws regulations rules and ordinances of the federal government and the
State of Minnesota and the respective agencies thereof and the political subdivisions in which the
Project is located The Borrower has obtained or will obtain in a timely manner all necessary
and material approvals of and licenses permits consents and franchises from federal state
county municipal or other governmental authorities having jurisdiction over the Project to
operate the Project and to enter into execute and perform its obligations under this Agreement
and the Mortgage and no violation of any local ordinance laws regulation or requirement exists
with respect to the Land
5 The proceeds of the Note together with any other funds to be contributed to the
Project by the Borrower or otherwise in accordance with this Agreement will be sufficient to
pay the cost of the Project in a manner suitable for use as educational facilities and all costs and
expenses incidental thereto and the proceeds of the Note will be used only for the purposes
contemplated hereby and allowable under the Act
2047476vl 5
142
6 Comparable private financing for the Project was not found by the Borrower to be
reasonably available and the Project is economically more feasible with the availability of the
financing herein authorized
7 The Borrower is not in the trade or business of selling properties such as the
Project and is constructing the Project for investment purposes only or otherwise for use by the
Borrower in its trade or business and therefore the Borrower has no intention now or in the
foreseeable future to voluntarily sell surrender or otherwise transfer in whole or part its interest
in the Project
8 There are no actions suits or proceedings pending or to the knowledge of the
Borrower threatened against or affecting the Borrower or any property of the Borrower in any
court or before any federal state municipal or other governmental agency which if decided
adversely to the Borrower would have a material adverse effect upon the Borrower or upon the
business or properties of the Borrower and the Borrower is not in default with respect to any
order of any court or governmental agency
9 The Borrower is not in default in the payment of the principal of or interest on any
indebtedness for borrowed money nor in default under any instrument or agreement under and
subject to which any indebtedness for borrowed money has been issued
10 The Borrower has filed all federal and state income tax returns which to the
knowledge of the officers of the Borrower are required to be filed and has paid all taxes shown
on said returns and all assessments and governmental charges received by the Borrower to the
extent that they have become due
11 No public official of the City has either a direct or indirect financial interest in
this Agreement nor will any public official either directly or indirectly benefit financially from
this Agreement and
12 The Borrower has approved the terms and conditions of the Note
13 The Borrower intends to operate the Project as a private grade school until the
date on which the entire principal balance of the Note has been fully paid and is no longer
outstanding
14 Denominational adherence IS not required for admission as a student to the
Borrower s grade school facility
15 All courses taught in the Project facilities are taught in compliance with general
academic standards
16 No portion of the facilities being financed with proceeds of the Note is or shall be
used primarily as a place for devotional activities religious worship or sectarian indoctrination
which sectarian facilities have been financed with other funds available to the Borrower and not
from proceeds of the Note
2047476vl 6
143
ARTICLE 3
THE LOAN
Section 3 1 Amount and Source of Loan The City has authorized the issuance
of the Note in the principal amount of 6 185 137 to provide funds to the Borrower for its use in
refinancing the Project The City agrees to lend the Borrower upon the terms and conditions set
forth herein the proceeds received from the Note by causing such sums to be advanced to the
Borrower and disbursed at Closing
Section 3 2 Documents Required Prior to Disbursement of the Loan Prior to
any advance of Note proceeds the Borrower shall deliver to the Lender the following
1 The Note
2 The Loan Agreement
3 The Pledge Agreement
4 The Mortgage
5 The Hazardous Waste Indemnification
6 The ADA Indemnification Agreement
7 Opinion of Briggs and Morgan Professional Association to the effect that the
City has duly authorized the Note and that the interest thereon is exempt from federal income
taxation and that the Loan Agreement and the Pledge Agreement are valid instruments legally
binding on and enforceable against the City in accordance with their terms and subject to other
conditions acceptable to the Lender
8 An appraisal in a form and substance reasonably acceptable to the Lender and
conforming to the requirements of Title XI of the Financial Institutions Reform Recovery and
Enforcement Act of 1989 FIRREA the Appraisal for the Real Estate and the Project as
built establishing a value of at least 75 of the Note
9 A commitment for a mortgagee s policy of title insurance in an amount equal to
the amount of the Note in form satisfactory to Lender showing good and marketable title to all
the Mortgaged Property in Borrower free and clear of all defects encumbrances security
interest restrictions and easements other than those acceptable to Lender on the day of the first
disbursement hereunder and specifically insuring against mechanic s liens rights of parties in
possession and boundary line matters
10 Either a letter from a governmental authority acceptable to the Lender or an
attorney s opinion that a all applicable zoning ordinances and regulations including without
limitation set back requirements percentage coverage requirements height requirements
minimum and maximum area requirements number of room requirements landscaping
2047476vl 7
144
requirements and parking requirements have been met and b the zoning of the Land permits
the operation of the Project as built by the Borrower
11 An acceptable Phase I Environmental Assessment Report for the Real Estate
12 Recent ALTA ACSM Surveyor equivalent documentation acceptable to the
Lender
13 Certificates of insurance coverage in forms satisfactory to the Lender otherwise
complying with the requirements of the Mortgage showing the standard mortgagee and lender s
loss payable endorsements in favor of the Lender
14 Such other assignments security agreements guaranties financing statements
terminations of existing financing statements satisfactions of mortgages indemnities opinions
and other instruments evidencing or securing the Loan as may be required by the Lender
Section 3 3 Disbursement of the Loan Pursuant to the Loan Agreement and
the Act the City has authorized the Borrower to provide directly for the financing of the Project
in such manner as determined by the Borrower and hereby authorizes the Lender to advance the
proceeds of the Note directly to the Borrower to refinance the Project of the
proceeds of the Note will be disbursed on the date hereof for Issuance Costs and
of the proceeds of the Note will be disbursed on the date hereof by the Lender together with
of Borrower funds to pay the Borrower s existing debt
Notwithstanding any other provision hereof no proceeds of the Note shall be applied to
payment of the costs of any portion of the Project that is designed for use or will be used
primarily as a place for devotional activities or religious education or worship
Section 3 4 Repavment Subject to the prepayment provisions set forth in the
Note the Borrower agrees to repay the Loan by making all payments of principal interest and
any premium penalty or charge that are required to be made by the City under the Note at the
times and in the amounts provided therein All payments shall be made directly to the Lender at
its principal office for the account of the City The Borrower represents and covenants that the
source of payment of the Note is from revenues derived from the operation of the Project
Section 3 5 Borrower s Obligations Unconditional All payments required of
the Borrower hereunder shall be paid without notice or demand and without setoff counterclaim
abatement deduction or defense The Borrower will not suspend or discontinue any payments
and will perform and observe all of its other agreements in this Agreement and except as
expressly permitted herein will not terminate this Agreement for any cause including but not
limited to any acts or circumstances that may constitute failure of consideration destruction or
damage to the Project eviction by paramount title commercial frustration of purpose
bankruptcy or insolvency of the City or the Lender change in the tax or other laws or
administrative rulings or actions of the United States of America or of the State of Minnesota or
any political subdivision thereof or failure of the City to perform and observe any agreement
whether express or implied or any duty liability or obligation arising out of or connected with
this Agreement
2047476vl 8
145
ARTICLE 4
BORROWER S COVENANTS
Section 4 1 Indemnity The Borrower will to the extent permitted by law pay
and will protect indemnify and save the City its officers agents and employees harmless from
and against all liabilities losses damages costs expenses including attorneys fees and
expenses causes of action suits claims demands and judgments of any nature arising from
1 any injury to or death of any person or damage to property in or upon the Project
or growing out of or connected with the use non use condition or occupancy of the Project or a
part thereof
2 violation of any agreement or condition of this Agreement except by the City or
its assignee
3 violation of any contract agreement or restriction by the Borrower relating to the
Project
4 violation of any law ordinance or regulation affecting the Project or a part thereof
or the ownership occupancy or use thereof or arising out of this Agreement the Note or the
transactions contemplated thereby including any requirements imposed on the Lender as a
financial institution or any disclosure or registration requirements imposed by any federal or
state securities law and
5 any statement or information relating to the expenditure of the proceeds of the
Note contained in the non arbitrage certificate or similar document furnished by the Borrower to
the City which at the time made is misleading untrue or incorrect in any material respect
Section 4 2 Continuing Existence and Qualification Throughout the term of
this Agreement the Borrower will remain duly qualified to do business as a nonprofit or religious
corporation in Minnesota and will continue to operate as an organization described in Section
501 c 3 of the Code whose income is exempt from taxation under Section 501 a of the Code
and will maintain its corporate existence will not dissolve or otherwise dispose of all or
substantially all of its assets and will not consolidate with or merge into another corporation or
other business entity or permit any other corporation or other business entity to consolidate with
or merge into it unless 1 the surviving resulting or transferee corporation or other business
entity as the case may be shall be a nonprofit or religious corporation operating under the laws
of the United States any state or the District of Columbia and an organization described in
Section 501 c 3 of the Code provided the Project will not constitute an unrelated trade or
business within the meaning of Section 513 e of the Code or a governmental unit under Section
145 of the Code 2 the surviving resulting or transferee corporation or other business entity as
the case may be if other than the Borrower assumes in writing all of the obligations of the
Borrower under this Agreement and the Mortgage and shall deliver that instrument to the
Lender 3 the surviving resulting or transferee corporation or other business entity as the case
may be is duly qualified to do business in Minnesota and 4 the Lender consents in writing At
least 10 days before any such merger transfer or consolidation becomes effective the Borrower
2047476vl 9
146
shall to the extent permitted by law give the Lender written notice of such merger consolidation
or transfer Every surviving resulting or transferee corporation and other entity referred to in
this Section 4 2 shall be bound by all of the covenants and agreements of the Borrower herein
with respect to any further consolidation merger sale or transfer
Section 4 3 Reports to Governmental Agencies The Borrower will furnish to
agencies of the State of Minnesota such periodic reports or statements as are required under the
Act or as they may otherwise reasonably require of the City or the Borrower throughout the term
of this Agreement in connection with the transaction contemplated herein Copies of such
reports will be provided to the City and the Lender
Section 4 4 Security for the Loan As additional security for the Lender and to
induce the City to issue and deliver the Note the Borrower agrees to execute and deliver the
Mortgage and agrees to meet all its obligations under the Mortgage which document shall
remain in effect until all payments required hereunder have been made and the Borrower will
cause to be recorded and filed the Mortgage financing statements and such other documents
requested by Bond Counsel in such places and in such manner as Bond Counsel deems
necessary or desirable to perfect or protect the security interest of the Lender in and to the
Project and other collateral referred to in said documents
Section 4 5 Preservation of Tax Exemption
1 The Borrower covenants and agrees that in order to assure that the interest on the
Note shall at all times be free from federal income taxation the Borrower represents and
covenants with the City and the Lender that it will comply with the applicable provisions of
Section 103 and Section 141 through 150 of the Code and as follows
a The Project is and will continue to be owned and operated by the
Borrower and no portion of the Project is or will be managed by anyone other than the Borrower
or a governmental entity or an organization described in Section 501 c 3 of the Code or
pursuant to a qualified management agreement within the meaning of all pertinent provisions
of law including all relevant provisions of the Code and regulations rulings and revenue
procedures thereunder including Revenue Procedure 97 13
b The Project will not be used by the Borrower in an unrelated trade or
business determined by the application of Section 513 a of the Code except to an extent which
does not adversely affect the tax exempt status of the interest on the Note
c No more than five percent 5 of the net proceeds of the Note are to be
used for any private business use as defined in Section 141 b 6 of the Code
d The payment of the principal of or interest on no more than five percent
500 of the net proceeds of the Note is under the terms of the Note or any underlying
arrangement directly or indirectly a secured by any interest in i property used or to be used
for a private business use or ii payments in respect of such property or b to be derived from
payments whether or not to the City in respect of property or borrowed money used or to be
used for a private business use
2047476vl 10
147
e The aggregate authorized face amount of the Note when increased by any
outstanding tax exempt qualified 501 c 3 bonds issued prior to 1997 other than qualified
hospital bonds of the Borrower or any organization with which the Borrower is under common
management or control and is a test period beneficiary determined in accordance with Section
145 b of the Code does not exceed 150 000 000 or alternatively at least 95 of the net
proceeds of the Note will be used for capital expenditures
f The weighted average maturity of the Note will not exceed the estimated
economic life of the Project by more than twenty percent 20 all within the meaning of
Section 147 b of the Code
g While the Note remains outstanding no portion of the proceeds of the
Note will be used to provide any airplane skybox or other private luxury box any facility
primarily used for gambling or a store the principal business of which is the sale of alcoholic
beverages for consumption off premises
h Not more than 2 of the proceeds of the Note will be llsed to finance
Issuance Expenses
i The Borrower agrees it will not use the proceeds of the Note in such a
manner as to cause the Note to be an arbitrage bond within the meaning of Section 148 of the
Code and applicable Treasury Regulations The Borrower shall
i maintain records identifying all gross proceeds and replacement
proceeds as defined in Section 148 f 6 B of the Code attributable to the Note the yield at
which such gross proceeds are invested any arbitrage profit derived therefrom earnings in
excess of the yield on the Note and any earnings derived from the investment of such arbitrage
profit
ii make or cause to be made as of the end of each fifth bond year
the annual determinations of the amount if any of excess arbitrage required to be paid to the
United States the Rebate Amount
iii pay or cause to be paid to the United States at least once every
fifth bond year the amount if any which is required to be paid to the United States including the
last installment which shall be made no later than 60 days after the day on which the Note is paid
in full
iv not invest or permit to be invested gross proceeds of the Note in
any acquired nonpurpose obligations so as to deflect arbitrage otherwise payable to the United
States as a prohibited payment to a third party and
v retain all records of the annual determination of the foregoing
amounts until six 6 years after the Note has been fully paid
The Borrower agrees that in order to comply with this paragraph i it shall
determine the Rebate Amount within 30 days after each fifth year of the anniversary of the
2047476vl 11
148
Closing and upon payment in full of the Note upon request the Borrower shall furnish the
Lender a certificate showing how such calculation was made
j The Borrower has not leased sold assigned granted or conveyed and will
not lease sell assign grant or convey all or any portion of the Project or any interest therein to
the United States or any agency or instrumentality thereof within the meaning of Section 149 b
of the Code
k In addition to the Note no other obligations have been or will be issued
under Section 103 of the Code which are sold at substantially the same time as the Note pursuant
to a common plan of marketing and at substantially the same rate of interest as the Note and
which are payable in whole or part by the Borrower or otherwise have with the Note any
common or pooled security for the payment of debt service thereon or which are otherwise
treated as the same issue of obligations as the Note as described in Treasury Regulations
Section 1 150 1 c 1
1 No Note proceeds shall be invested in investments which cause the Note
to be federally guaranteed within the meaning of Section 149 b of the Code If at any time the
moneys in such funds exceed within the meaning of Section 149 b 3 B of the Code i
amounts invested for an initial temporary period until the moneys are needed for the purpose for
which the Note was issued ii investments of a bona fide debt service fund and iii
investments of a reserve which meet the requirement of Section 148 d of the Code such excess
moneys shall be invested in only those investments which are A obligations issued by the
United States Treasury B other investments permitted under regulations or C obligations
which are a not issued by or guaranteed by or insured by the United States or any agency or
instrumentality thereof or b not federally insured deposits or accounts all within the meaning
of Section 149 b of the Code and
m Not otherwise use Note proceeds or take or fail to take any action the
effect of which would be to impair the exemption of interest on the Note from federal income
taxation
2 For the purpose of this Section a Determination of Taxability shall mean the
issuance of a statutory notice of deficiency by the Internal Revenue Service or a ruling of the
National Office or any District Office of the Internal Revenue Service or a final decision of a
court of competent jurisdiction or a change in any applicable federal statute which holds or
provides in effect that the interest payable on the Note is includible for federal income tax
purposes under Section 103 of the Code in the gross income of the Lender or any other holder or
prior holder of the Note if the period if any for contest or appeal of such action ruling or
decision by the Borrower or Lender or any other interested party has expired without any such
contest or appeal having been properly instituted by the Lender the Borrower or any other
interested party The expenses of any such contest shall be paid by the party initiating the
contest and neither the Lender nor the Borrower shall be required to contest or appeal any
Determination of Taxability The Date of Taxability shall mean that point in time as specified
in the determination ruling order or decision that the interest payable on the Note becomes
includible in the gross income of the Lender or any other holder or prior holder of the Note as
the case may be for federal income tax purposes
2047476vl 12
149
3 If the Borrower receives a Determination of Taxability it will promptly give
notice of such Determination of Taxability to the City and the Lender and the Note shall convert
to a taxable obligation effective as of the Date of Taxability The interest rate for interest
accruing from the Date of Taxability shall be adjusted to the Taxable Rate and the Borrower
shall pay any interest accruing from the Date of Taxability which is retroactively due as a result
of the interest rate adjustment on the first day of the following month along with regularly
scheduled principal payment and interest accruing from the previous payment date at the Taxable
Rate
Section 4 6 Lease or Sale of Proiect The Borrower shall not lease sell
conveyor otherwise transfer the Project in whole or part nor sell the Project in whole or part
without first securing the written consent of the Lender provided that in no event shall such
lease transfer assignment or sale be permitted if the effect thereof would otherwise be to impair
the validity or the tax exempt status of the Note nor shall any such transaction release the
Borrower of any of its obligations under this Agreement unless the assignee transferee is a
surviving resulting or transferee entity as permitted under Section 4 2 hereof The Borrower
shall promptly notify the City of any such sale transfer assignment or lease
Section 4 7 Proiect Operation and Maintenance Expenses The Borrower shall
pay all expenses of the operation and maintenance of the Project including but without
limitation adequate insurance thereon and insurance against all liability for injury to persons or
property arising from the operation thereof and all taxes and special assessments levied upon or
with respect to the Project and payable during the term of this Loan Agreement all in
conformance with the provisions of the Mortgage The Project shall not be used for purposes
which violate any Federal State or other laws prohibiting discrimination in access or
employment based on race creed sex handicap ethnic origin age or marital status
The Borrower will not use any Note proceeds to pay any costs of or attributable to the
acquisition construction or equipping of any facilities used primarily for religious instruction or
worship all such costs will be paid with the Borrower s funds The Borrower agrees that it will
not use the Project or any part thereof a for sectarian instruction or study or primarily as a place
for devotional activities or religious worship or as a facility used primarily in connection with
any part of a program of a school or department of divinity for any religious denomination or the
training of ministers priests rabbis or other similar persons in the field of religion or b in a
manner which would violate the First Amendment to the Constitution of the United States of
America including the decisions of the United States Supreme Court interpreting the same or
any comparable provisions of the Constitution of the State of Minnesota including the decisions
in the Supreme Court of the State interpreting the same
Section 4 8 Notification of Changes The Borrower covenants and agrees that
it will promptly notify the Lender of
1 any litigation and of all proceedings before any governmental and regulatory
agency affecting the Borrower of any type which seek a monetary recovery against the Borrower
in excess of 100 000
2047476vl 13
150
2 as promptly as practicable but in any event not later than 5 business days
after an officer of the Borrower obtains knowledge of the occurrence of Event of Default under
this Agreement or under any other loan agreement debenture note purchase agreement or any
other agreement providing for the borrowing of money by the Borrower or would constitute an
event of default with the passage of time or the giving of notice or both notice of such
occurrence together with a detailed statement by a responsible officer of the Borrower of the
steps being taken by the Borrower to cure the effect of such event and
3 any material adverse change in the operations business properties assets or
conditions financial or otherwise of the Borrower
Section 4 9 Financial Information and Reporting Except as otherwise stated
in this Agreement all financial information provided to the Lender shall be compiled using
generally accepted accounting principles consistently applied During the term of this
Agreement and afterward until all amounts due under this Agreement are paid in full unless the
Lender shall otherwise agree in writing the Borrower agrees to
1 Provide the Lender and the City within 120 days of Borrower s fiscal year end
annual audited financial statements for Borrower including a consolidated income statement and
balance sheet with accompanying footnotes prepared in accordance with GAAP with an
unqualified opinion of an independent certified public accountant of recognizable standing
selected by Borrower and approved by Lender certified as true and correct by an officer or other
authorized representative of Borrower upon request
2 Within 45 days of the end of each calendar quarter provide the Lender an
unaudited financial statement for Borrower including a consolidated income statement and
balance sheet for the preceding calendar quarter
3 Provide the Lender with such other information as it may reasonably request and
permit the Lender or its agent s to visit and inspect its properties and examine its books and
records
2047476vl 14
151
ARTICLE 5
PREPA YMENT OF LOAN
Section 5 1 Prepayment at Option of Borrower The Borrower may at its
option prepay the Loan in whole or in part on any monthly payment date by paying the
principal interest and premium if any then due Any partial prepayment shall be applied first to
amounts which are neither principal nor interest and next to the interest accrued on the Note and
finally shall be applied against the principal portion of the installments due under this Agreement
in inverse order of maturity At the date fixed for prepayment funds shall be paid to the Lender
at its registered address appearing below In the event the Borrower elects to prepay the Loan
the Borrower shall cause to be given in the name of the City notice of redemption or prepayment
of the Note to the Lender by first class mail addressed to the Lender at its registered address not
less than thirty 30 days prior to the date fixed for prepayment and shall pay the prepayment
price when due to the Lender The City hereby authorizes the Borrower to give mailed notice of
prepayment and if required by law published notice of prepayment of the Note in the name of
the City from time to time
If the Borrower so requests and if partial prepayment is in excess of 5 00 of the
outstanding principal balance of the Note on the date of a partial prepayment of the Note the
installments thereunder will be adjusted to amortize the then outstanding principal amount over
the remaining term of the Note payable commencing with the next installment due after such
prepayment
2047476vl 15
152
ARTICLE 6
EVENTS OF DEFAULT AND REMEDIES
Section 6 1 Events of Default Anyone or more of the following events is an
Event of Default under this Agreement
1 If a the Borrower shall fail to make any payments required under Section 3 4 of
this Agreement on the date due or b any other payment due under this Agreement on or before
the date that the payment is due and such default continues for ten 10 days after written notice
given to the Borrower by the City or the Lender as provided in the Note
2 If the Borrower shall fail to observe and perform any other covenant condition or
agreement on its part under this Agreement for a period of thirty 30 days after written notice
specifying such default and requesting that it be remedied given to the Borrower by the City or
the Lender unless the Lender shall agree in writing to an extension of such time prior to its
expiration or for such longer period as may be reasonably necessary to remedy such default
provided that the Borrower is proceeding with reasonable diligence to remedy the same
3 If the Borrower shall file a petition in bankruptcy or for reorganization or for an
arrangement pursuant to any present or future federal bankruptcy act or under any similar federal
or state law shall consent to the entry of an order for relief pursuant to any present or future
federal bankruptcy act or under any similar federal or state law or shall make an assignment for
the benefit of its creditors or shall admit in writing its inability to pay its debts generally as they
become due or if a petition or answer proposing the entry of an order for relief of the Borrower
under any present or future federal bankruptcy act or any similar federal or state law shall be
filed in any court and such petition or answer shall not be filed in any court and such petition or
answer shall not be discharged or denied within 90 days after the filing thereof or a receiver
trustee or liquidator of the Borrower of all or substantially all of the assets of the Borrower or of
the Project shall be appointed in any proceeding brought against the Borrower and shall not be
discharged within 60 days after such appointment or if the Borrower shall consent to or
acquiesce in such appointment or if the estate or interest of the Borrower in the Project or a part
thereof shall be levied upon or attached in any proceeding and such process shall not be vacated
or discharged within 60 days after such levy or attachment if the Borrower shall be dissolved or
liquidated or shall be merged with or is acquired by another business entity in violation of
Section 4 2
4 If the articles of incorporation of the Borrower shall expire or be annulled or if
the Borrower shall be dissolved or liquidated other than when a new entity assumes the
obligations of the Borrower under the conditions permitting such action contained in Section
4 2
5 If any representation or warranty made by the Borrower herein or by an officer or
representative of the Borrower in any document or certificate furnished the Lender or the City in
connection herewith or therewith or pursuant hereto or thereto shall prove at any time to be in
any material respect incorrect or misleading as of the date made
2047476vl 16
153
6 If the Borrower shall default or fail to perform any covenant condition or
agreement on its part under the Mortgage or any other security document securing the Note and
such failure continues beyond the period set forth in such documents during which the Borrower
may cure the default
7 If the Borrower shall a fail to pay any indebtedness for borrowed money or any
interest thereon when due whether by scheduled maturity required prepayment acceleration
demand or otherwise and such failure shall continue after the applicable grace period if any
specified in the agreement or instrument relating to such indebtedness or b fail to perform or
observe any term covenant or condition relating to any such indebtedness when required to be
performed or observed and such failure shall not be waived and shall continue after the
applicable grace period if any specified in such agreement or instrument if the effect of such
failure to perform or observe is to accelerate or to permit the acceleration of with the giving of
notice required the maturity of such indebtedness or any such indebtedness shall be declared to
be due and payable or be required to be prepaid other than the regularly scheduled prepayment
prior to the stated maturity thereof unless provision for the payment of such debt has been made
in a manner satisfactory to the Lender
Section 6 2 Remedies Whenever any Event of Default referred to in Section
6 1 hereof shall have happened and be subsisting anyone or more of the following remedial
steps to the extent permitted by law may be taken by the City with the prior written consent of
the Lender or by the Lender itself
1 The Lender s obligation to advance any further amounts under the Loan
Agreement or the Note shall terminate
2 The City upon written direction of the Lender or the Lender may declare all
installments of the Loan being an amount equal to that necessary to pay in full the Principal
Balance plus accrued interest thereon and any premium of the Note assuming acceleration of the
Note under the terms thereof and to pay all other indebtedness thereunder to be immediately due
and payable whereupon the same shall become immediately due and payable by the Borrower
3 The Lender may foreclose the Mortgage and proceed against the collateral
described therein
4 The City upon written direction of the Lender except as otherwise provided in
Section 7 9 herein or the Lender in either case at no expense to the City may take whatever
action at law or in equity may appear necessary or appropriate to collect the amounts then due
and thereafter to become due under this Agreement or the Note or to enforce performance and
observance of any obligation agreement or covenant of the Borrower under this Agreement and
the Note
Section 6 3 Disposition of Funds Notwithstanding anything to the contrary
contained in this Agreement any amounts collected pursuant to action taken under Section 6 2
hereof except for any amounts collected solely for the benefit of the City under any of the
provisions set forth in Section 7 9 shall after deducting all expenses incurred in collecting the
same be applied as a prepayment of the Note in accordance with Section 5 1
2047476vl 17
154
Section 6 4 Manner of Exercise No remedy herein conferred upon or reserved
to the City is intended to be exclusive of any other available remedy or remedies but each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity by statute No delay or
omission to exercise any right or power accruing upon any default shall impair any such right or
power or shall be construed to be a waiver thereof but any such right and power may be
exercised from time to time and as often as may be deemed expedient In order to entitle the
City or the Lender to exercise any remedy reserved to either of them in this Article it shall not
be necessary to give any notice other than such notice as may be herein expressly required
Section 6 5 Attorneys Fees and Expenses In the event the Borrower should
default under any of the provisions of this Agreement and the City or the Lender should employ
attorneys or incur other expenses for the collection of amounts due hereunder or the enforcement
of performance of any obligation or agreement on the part of the Borrower the Borrower will on
demand pay to the City or the Lender the reasonable fee of such attorneys and such other
expenses so incurred
Section 6 6 Effect of Waiver In the event any agreement contained in this
Agreement should be breached by either party and thereafter waived by the other party such
waiver shall be limited to the particular breach so waived and shall not be deemed to waive any
other breach hereunder
2047476vl 18
155
ARTICLE 7
GENERAL
Section 7 1 Notices All notices certificates or other communications
hereunder shall be sufficiently given and shall be deemed given when received by certified or
registered mail return receipt requested postage prepaid with proper address as indicated
below The City the Borrower and the Lender may by written notice given by each to the
others designate any address or addresses to which notices certificates or other communications
to them shall be sent when required as contemplated by this Agreement Until otherwise
provided by the respective parties all notices certificates and communications to each of them
shall be addressed as follows
To the City City of Chanhassen
7700 Market Boulevard
Chanhassen Minnesota 55317 0147
Attn City Manager
To the Borrower St Hubert Catholic Community
8201 Main Street
Chanhassen Minnesota 55317
Attn Business Administrator
To the Lender KleinBank
600 West 78th Street
Chanhassen MN 55317
Attn Business Banking Department
Section 7 2 Binding Effect This Agreement shall inure to the benefit of and
shall be binding upon the City and the Borrower and their respective successors and assigns
Section 7 3 Severability In the event any provision of this Agreement shall be
held invalid or unenforceable by any court of competent jurisdiction such holding shall not
invalidate or render unenforceable any other provision hereof
Section 7 4 Amendments Changes and Modifications Except as otherwise
provided in this Agreement or in the Resolution subsequent to the initial issuance of the Note
and before the Note is satisfied and discharged in accordance with its terms this Agreement may
not be effectively amended changed modified altered or terminated without the written
consent of the Lender
Section 7 5 Execution Counterparts This Agreement may be simultaneously
executed in several counterparts each of which shall be an original and all of which shall
constitute but one and the same instrument
Section 7 6 Limitation of City s Liability It is understood and agreed by the
Borrower and the Lender that no covenant of the City herein shall give rise to a pecuniary
liability of the City or a charge against its general credit or taxing powers It is further
2047476vl 19
156
understood and agreed by the Borrower and the Lender that the City shall incur no pecuniary
liability hereunder and shall not be liable for any expenses related hereto including
administrative expenses and fees and disbursements of the City s attorney Bond Counsel and
fiscal consultant retained in connection therewith all of which expenses the Borrower agrees to
pay
Section 7 7 City s Attorneys Fees and Costs If notwithstanding the
provisions of Section 7 6 hereof the City incurs any expense or suffers any losses claims or
damages or incurs any liabilities in connection with the transaction contemplated by this
Agreement the Borrower will indemnify and hold harmless the City from the same and will
reimburse the City for any reasonable legal or other expenses incurred by the City in relation
thereto The Borrower shall also reimburse the City for all other costs and expenses including
without limitation reasonable attorneys fees paid or incurred by the City in connection with i
the discussion negotiation preparation approval execution and delivery of this Agreement the
Note the Pledge Agreement and the documents and instruments related hereto or thereto ii any
amendments or modifications hereto or to the Note the Pledge Agreement and any document
instrument or agreement related hereto or thereto and the discussion negotiation preparation
approval execution and delivery of any and all documents necessary or desirable to effect such
amendments or modifications and iii the enforcement by the City during the term hereof or
thereafter of any of the rights or remedies of the City hereunder or under the Note the Pledge
Agreement or any document instrument or agreement related hereto or thereto including
without limitation costs and expenses of collection in the Event of Default whether or not suit is
filed with respect thereto
Section 7 8 Release The Borrower hereby acknowledges and agrees that the
City shall not be liable to the Borrower and hereby releases and discharges the City from any
liability for any and all losses costs expenses including attorneys fees damages judgments
claims and causes of action paid incurred or sustained by the Borrower as a result of or relating
to any action or failure or refusal to act on the part of the Lender with respect to this Agreement
or the documents and transactions related hereto or contemplated hereby including without
limitation the exercise by the Lender of any of its rights or remedies pursuant to Article 6 the
Note the Pledge Agreement the Mortgage or any collateral security documents The
Borrower s release of the City pursuant to the preceding sentence does not extend to the Lender
following the assignment of the City s rights to the Lender pursuant to the Pledge Agreement
Section 7 9 Assignment by City and Survivorship of Obligations The City
may assign its rights under this Agreement and any related documents to the Lender to secure
payment of the principal of and interest and premium if any on the Note conditioned upon the
Lender s assumption of the City s and Lender s obligations to the Borrower hereunder but any
such assignment shall not operate to limit or otherwise affect the following provisions hereof to
the extent that they run to the City from the Borrower to which extent they shall survive any such
assignment
Section 3 5
Section 4 3
Section 7 6
Section 7 8
Section 4 1
Section 6 5
Section 7 7
2047476vl 20
157
Upon any such assignment the provisions immediately above running to the City from the
Borrower for the City s benefit shall run jointly and severally to the City and the Lender if
appropriate provided that the City shall have the right to enforce any retained rights without the
approval of the Lender but only if the Lender is not enforcing such rights in a manner to protect
the City or is otherwise taking action with respect thereto that brings adverse consequences to the
City The obligations of the Borrower running to the City for the purpose of preserving the tax
exempt status of the Note or otherwise for the City s benefit under the foregoing Sections shall
survive repayment of the Note and interest thereon
Section 7 10 Required Approvals Consents and approvals required by this
Agreement to be obtained from the Borrower the City or the Lender shall be in writing and shall
not be unreasonably withheld or delayed
Section 7 11 Termination Upon Retirement of Note At any time when no
principal balance on the Note remains outstanding and arrangements satisfactory to the Lender
and the City have been made for the discharge of all other accrued liabilities if any under this
Loan Agreement this Loan Agreement shall terminate except as otherwise expressly provided
in Section 7 9 or otherwise herein
2047476vl 21
158
IN WITNESS WHEREOF the City and the Borrower have caused this
Agreement to be executed in their respective names all as of the date first above written
CITY OF CHANHASSEN MINNESOTA
By
Mayor
By
City Manager
Loan Agreement between the City of Chanhassen Minnesota and S1 Hubert Catholic
Community
2047476vl S 1
159
ST HUBERT CATHOLIC COMMUNITY
By
Its
By
Its
Loan Agreement between the City of Chanhassen Minnesota and St Hubert Catholic
Community
2047476vl S 2
160
SPACE ABOVE THIS LINE FOR RECORDER S USE
This Mortgage contains after acquired property provisions and constitutes a fixture
financing statement under Minnesota Statutes Section 336 9 502
The Maximum Principal Indebtedness Secured by the Mortgage is 6 185 137
MORTGAGE SECURITY AGREEMENT
AND FIXTURE FINANCING STATEMENT
BY
ST HUBERT CATHOLIC COMMUNITY
IN FAVOR OF
KLEINBANK
AS MORTGAGEE
Dated as of August 2007
This instrument was drafted by
Briggs and Morgan Professional Association
W2200 First National Bank Bldg
Saint Paul Minnesota 55101
2047500vl
161
TABLE OF CONTENTS
Page
ARTICLE I COVENANTS OF THE MORTGAGOR 4
Section 1 1 Payment of Utility Charges Taxes and Assessments 4
Section 1 2 Liens 4
Section 1 3 Care of Property 4
Section 1 4 Right of the Mortgagee to Enter 5
Section 1 5 S ubrogati on 5
Section 1 6 Right of the Mortgagee to Perform 5
Section 1 7 Limited Assumption 5
Section 1 8 Loan Agreement 6
Section 1 9 Miscellaneous Rights of the Mortgagee 6
Section 1 10 Assignment of Rents 6
Section 1 11 Further Assurances 9
Section 1 12 Expenses 9
Section 1 13 Books and Records 10
Section 1 14 Final Maturity Date 10
Section 1 15 Hazardous Materials 10
Section 1 16 Removal of Personal Property 11
ARTICLE II INSURANCE CONDEMNATION USE OF PROCEEDS 12
Section 2 1 Insurance 12
Section 2 2 Condemnation 13
Section 2 3 Mortgagor to Repair Replace Rebuild or Restore 13
Section 2 4 Use of Proceeds to Prepay Loan and Note 14
Section 2 5 Protection of Mortgagee s Security 14
ARTICLE III DEFAULT 15
Section 3 1 Event of Default Defined 15
Section 3 2 Remedies 16
Section 3 3 Purchase of Mortgaged Property 16
Section 3 4 Appointment of Receiver 17
Section 3 5 Proceeds 17
Section 3 6 Proceedings Discontinued 17
ARTICLE IV MISCELLANEOUS 18
Section 4 1 No Implied Waiver 18
Section 4 2 Remedies Cumulative 18
Section 4 3 Successors and Assigns 18
Secti on 4 4 Noti ces 18
S ecti on 4 5 Headings 18
Section 4 6 In demnity 18
Section 4 7 Expenses 19
Section 4 8 Waiver of Trial by Jury 19
S ec ti on 4 9 Cons tru cti on Mort gag e 19
EXHIB IT A Legal Descripti on A I
EXHIBIT B Permitted Encumbrances
B 1
2047500vl
162
MORTGAGE ASSIGNMENT OF LEASES AND RENTS
SECURITY AGREEMENT
AND
FIXTURE FINANCING STATEMENT
THIS MORTGAGE ASSIGNMENT OF LEASES AND RENTS SECURITY
AGREEMENT AND FIXTURE FINANCING STATEMENT the Mortgage dated as of the
1st of August 2007 made and given by St Hubert Catholic Community a Minnesota religious
corporation the Mortgagor in favor of KleinBank the Mortgagee or Lender
WITNESSETH
WHEREAS the City of Chanhassen Minnesota the City will issue its Educational
Facilities Revenue Note Series 2007 St Hubert School Project as the same may be amended
supplemented extended restated or otherwise modified from time to time the Note with a
final maturity date of August 2027 and bearing interest and maturing as provided therein
and the Lender has purchased the Note from the City and
WHEREAS the City will loan the proceeds of the Note to the Mortgagor pursuant to a
Loan Agreement dated as of the date hereof between the City and the Mortgagor as the same
may be amended supplemented restated or otherwise modified from time to time the Loan
Agreement for the purpose of refinancing outstanding debt used to finance the acquisition
construction and equipping of the St Hubert School facility located at 8201 Main Street on the
property legally described on Exhibit A attached hereto the Project and the City s interest in
the Loan Agreement except for certain reserved rights has been assigned to the KleinBank and
WHEREAS pursuant to the Loan Agreement the Mortgagor has covenanted among
other things to make loan repayments sufficient to pay amortized installments of principal and
interest on the Note when due and
WHEREAS the City and the Lender have required as a condition for the issuance of the
Note by the City and for the purchase and acceptance of the Note by the Lender that the
Mortgagor secure the Note by this Mortgage
NOW THEREFORE THIS MORTGAGE FURTHER WITNESSETH that in
consideration of the aggregate sum of 6 185 137 or so much thereof as from time to time
remains unpaid under the Loan Agreement and the Note made available to the Mortgagor by the
Mortgagee through the purchase of the Note by the Mortgagee and other good and lawful
consideration the receipt and sufficiency of which is hereby acknowledged and to secure and as
security for i the payment of the Note and any extensions renewals or modifications thereof
including without limitation the principal thereof and interest thereon by the City and
Mortgagor to the Mortgagee and 2 the performance and observance by the Mortgagor of all of
the other covenants agreements representations warranties and conditions herein or contained
in this Mortgage and the Loan Agreement and the Note hereinafter collectively the foregoing
are referred to as the Mortgagor s Obligations the Mortgagor does hereby grant bargain sell
convey assign transfer pledge set over and confirm unto the Mortgagee and the Mortgagee s
2047500vl
163
successors and assigns forever and does hereby grant a lien and security interest unto the
Mortgagee its successors and assigns forever the tract s of land hereinafter sometimes called
the Land described in Exhibit A attached hereto and made a part hereof
Together with i all of the buildings structures and other improvements now standing or
at any time hereafter constructed or placed upon the Land ii all lighting heating ventilating
air conditioning sprinkling and plumbing fixtures water and power systems engines and
machinery boilers furnaces oil burners elevators and motors communication systems
dynamos transformers electrical equipment and all other fixtures of every description kind and
nature located in or on or used or intended to be used in connection with the Land or any
building now or hereafter located thereon iii all hereditaments easements rights privileges
and appurtenances riparian rights rents issues profits insurance proceeds condemnation
awards mineral rights and water rights now or hereafter belonging attached or in any way
pertaining to the Land or to any building structure or improvement now or hereafter located
thereon and all the estates rights and interests of the Mortgagor in the Land iv all building
materials furniture furnishings maintenance equipment and all other equipment and personal
property of every description kind and nature now or hereafter located in or on or used or
intended to be used in connection with the Land or any building structure or improvement now
or hereafter located thereon and all replacements and additions thereto v the immediate and
continuing right to receive and collect all rents income issues and profits now due and which
may hereafter become due under or by virtue or any lease or agreement oral or written for the
leasing subleasing use or occupancy of all or any part of the Land now heretofore or hereafter
made or agreed to by the Mortgagor vi all of the leases and agreements described in v above
and v all proceeds of all of the foregoing all of the foregoing together with the Land are
hereinafter referred to as the Mortgaged Property and the filing of this Mortgage shall
constitute a fixture filing in the office where it is filed and a carbon photographic or other
reproduction of this document may also be filed as a financing statement
Name and Address of Debtor and Record
Owner of the Mortgaged Property
St Hubert Catholic Community
8201 Main Street
Chanhassen Minnesota 55317
Attn Business Administrator
Tax ID 41
Minnesota Secretary of
State ID
Names and Addresses of Secured Party KleinBank
600 West 78th Street
Chanhassen MN 55317
Attn Business Banking Department
2047500vl 2
164
Description of the Types or items of See above
property covered by this financing
statement
Description of real estate to which all or a See Exhibit A attached hereto
part of the collateral is attached or upon
which it is located
Some of the above described collateral is or is to become fixtures upon the real estate described
on Exhibit A and this financing statement is to be filed for record in the public real estate
records
TO HAVE AND TO HOLD the Mortgaged Property unto the Mortgagee forever
PROVIDED NEVERTHELESS that if the Mortgagor shall have fully and completely
performed and complied with the Mortgagor s Obligations and shall have made all payments
required of it under the Loan Agreement including without limitation payment of the principal
sum of Six Million One Hundred Eighty Five Thousand One Hundred Thirty Seven Dollars
6 185 137 with interest at the rate set forth in the Note and any other sums due and owing
under the Note and shall also payor cause to be paid all other sums with interest thereon as
may be advanced by the Mortgagee in accordance with this Mortgage either to protect the lien of
this Mortgage or by way of additional loan or for any other purpose and shall also keep and
perform all and singular the covenants herein and the Loan Agreement required on the part of
the Mortgagor to be kept and performed then this Mortgage shall be null and void in which
event the Mortgagee will execute and deliver to the Mortgagor in form suitable for recording a
full satisfaction of this Mortgage otherwise this Mortgage shall remain in full force and effect
The Mortgagor represents warrants and covenants to and with the Mortgagee that it is
lawfully seized of the Mortgaged Property in fee simple and has the right and lawful authority to
mortgage the same as provided herein that the Mortgaged Property is free from all liens and
encumbrances except Permitted Encumbrances that all buildings structures and other
improvements now or hereafter located on the Land are or will be located entirely within the
boundaries of the Land and that the Mortgagor will warrant and defend the title to the
Mortgaged Property against all claims and demands whatsoever not specifically excepted herein
The Mortgagor further represents warrants and covenants that the Note the Loan
Agreement and this Mortgage have been validly executed and delivered and are valid and
enforceable obligations of the parties thereto in accordance with the terms thereof and hereof
and that this Mortgage does not nor do the Note or this Loan Agreement nor does the
performance or observance by the Mortgagor of any of the covenants agreements or matters or
things in this Mortgage or the Loan Agreement provided for contravene or result in the
violation of or default under any covenant in any indenture or agreement affecting the Mortgagor
or the Mortgaged Property
2047500vl 3
165
ARTICLE I
COVENANTS OF THE MORTGAGOR
The Mortgagor further covenants and agrees as follows
Section 1 1 Payment of Utility Charges Taxes and Assessments Mortgagor shall
before any penalty attaches thereto payor cause to be paid all charges made for electricity gas
heat water sewer and other utilities furnished or used in connection with the Mortgaged
Property and all taxes assessments levies and encumbrances of every nature heretofore or
hereafter assessed against the Mortgaged Property and upon demand will furnish the Mortgagee
receipted bills evidencing such payment
Nothing in this section shall require the payment or discharge of any obligation imposed
upon the Mortgagor so long as the Mortgagor shall in good faith and at its own expense contest
the same or the validity thereof by appropriate legal proceeding which shall operate to prevent
the collection thereof or other realization thereon and the sale or forfeiture of the Mortgaged
Property or any part thereof to satisfy the same provided that during such contest the Mortgagor
shall at the option of the Mortgagee provide security satisfactory to the Mortgagee assuring the
discharge of the Mortgagor s obligation under said section and of any additional charge penalty
or expense arising from or incurred as a result of such contest and provided further that if at any
time payment of any obligation imposed upon the Mortgagor by said section shall become
necessary to prevent the delivery of a tax deed conveying the Mortgaged Property or any portion
thereof because of nonpayment then Mortgagor shall pay the same in sufficient time to prevent
the delivery of such tax deed
Section 1 2 Liens Except for liens i liens for ad valorem taxes and special
assessments not then delinquent ii utility access and other easements and rights of way
mineral rights restrictions and exceptions that the Mortgagor certifies will not interfere with or
impair the use of or operations being conducted in the Project Buildings iii such minor defects
irregularities encumbrances easements rights of way and clouds on title as normally exist with
respect to properties similar in character to the Project facilities and as do not in the aggregate in
the opinion of independent Counsel materially impair the property affected thereby for the
purposes for which it was acquired or is held by the Mortgagor iv this Mortgage v purchase
money security interests in furniture equipment or other personal property other than fixtures
and vi security interests in equipment hereafter acquired other than fixtures and v those
additional encumbrances identified in Exhibit B collectively the Permitted Encumbrances or
any other liens consented to in writing by the Mortgagee the Mortgagor will keep the Mortgaged
Property free from all liens and encumbrances of every nature heretofore or hereafter arising
which might or could be prior to or equal to the security interest of this Mortgage and upon
written demand of the Mortgagee the Mortgagor will pay and procure the release of any such
lien or encumbrance
Section 1 3 Care of Property The Mortgagor will take good care of the Mortgaged
Property and will maintain the same in good repair and condition ordinary depreciation
excepted and will commit or permit no waste and will not construct any new buildings
2047500v 4
166
structures or other improvements on the Land nor add to or alter the design or structural
character of any building structure or other improvement now or hereafter erected upon the
Land if in the reasonable opinion of the Mortgagee it would impair or lessen the value of the
Mortgaged Property and will not remove or permit removal of any buildings structures or other
improvements or fixtures of any kind from the Land nor do any act that would impair or lessen
the value of the Mortgaged Property The Mortgagor will promptly comply with all present and
future laws ordinances rules and regulations of any governmental authority affecting the
Mortgaged Property The Mortgagor shall not acquiesce in any rezoning classification
modification or restriction affecting the Land without the prior written consent of the Mortgagee
Section 1 4 Right of the Mortgagee to Enter The Mortgagor will permit the
Mortgagee and its agents to enter and to authorize others to enter upon any or all of the
Mortgaged Property at any time and from time to time to inspect the same and after giving the
Mortgagor reasonable notice and opportunity to perform to perform or observe any covenants
conditions or terms which the Mortgagor shall fail to perform meet or comply with or for any
other purpose in connection with the protection or preservation of the Mortgagee s security
without thereby becoming liable to the Mortgagor or any person in possession under the
Mortgagor
Section 1 5 Subrogation If any prior lien is paid from the proceeds of the Note
secured by this Mortgage the Mortgagee shall be subrogated to the rights of the holder of such
prior lien as fully as if such lien has been assigned to the Mortgagee
Section 1 6 Right of the Mortgagee to Perform If the Mortgagor fails to pay all and
singular any taxes assessments levies or other similar charges or encumbrances heretofore or
hereafter assessed against the Mortgaged Property or fails to obtain the release of any lien or
encumbrance other than Permitted Encumbrances or otherwise consented to by the Mortgagee
of any nature heretofore or hereafter arising upon the Mortgaged Property or fails to perform any
other covenants and agreements contained in this Mortgage or if any action or proceeding is
commenced which adversely affects or questions the title to or possession of the Mortgaged
Property or the interest of the Mortgagor or Mortgagee therein then the Mortgagee at the
Mortgagee s option after giving the Mortgagor reasonable notice and opportunity to perform
may perform such covenants and agreements investigate and defend against such action or
proceeding and take such other action as the Mortgagee deems necessary to protect the
Mortgagee s interest Any amounts disbursed by the Mortgagee pursuant to this section
including court costs and expenses and attorney s fees with interest thereon shall become
additional indebtedness of the Mortgagor and shall be secured by this Mortgage Such amount
shall be payable upon written notice from the Mortgagee to the Mortgagor requesting payment
thereof and shall bear interest from the date of disbursement at a rate equal to the rate of interest
under the Note or if such rate is illegal or usurious at the maximum rate then permitted by law
Nothing contained in this paragraph shall require the Mortgagee to incur any expense or to do
any act hereunder
Section 1 7 Limited Assumption The Mortgagor shall not sell assign lease convey
mortgage or otherwise encumber or dispose of either the legal or equitable title or both legal and
equitable title to all or any portion of the Mortgaged Property without the written consent of the
2047500vl 5
167
Mortgagee which consent shall not be unreasonably withheld So long as the Note is
outstanding no sale assignment lease conveyance mortgage or other encumbrance shall be
made by the Mortgagor which impairs the validity of the Note or the exemption of the interest
payable thereon from federal income taxation
Section 1 8 Loan Agreement The Mortgagor shall duly and punctually pay and
perform the Mortgagor s Obligations and shall promptly and faithfully observe all of the terms
and provisions of the Loan Agreement binding upon it and will not permit any Event of Default
as defined therein to occur thereunder
Section 1 9 Miscellaneous Rights of the Mortgagee The Mortgagee may at any time
and from time to time without notice release any person liable for payment of any indebtedness
secured hereby extend the time as permitted by law or agree to alter the terms of payment of any
of the indebtedness accept additional security of any kind release any property securing the
indebtedness consent to the making of any plat or map of the Land or the creation of any
easement thereon or any covenants restricting use or occupancy thereof or alter or amend the
terms of this Mortgage in any way No such release modification addition or change shall
affect the liability of any person other than the person so released for payment of any
indebtedness secured hereby nor affect the priority and first lien status of this Mortgage upon
any property not released
Section 1 10 Assignment of Rents The Mortgagor does hereby sell assign and transfer
unto the Mortgagee 1 the immediate and continuing right to receive and collect all rents
income issues and profits now due and which may hereafter become due under or by virtue of
any lease or agreement oral or written for the leasing subleasing use or occupancy of all or
any part of the Mortgaged Property now heretofore or hereafter made or agreed to by the
Mortgagor and 2 all of such leases and agreements together with all guarantees therefor and
any renewals or extensions thereof for the purpose of securing payment of the indebtedness of
the Mortgagor under the Note and the documents related thereto and all other Mortgagor s
Obligations
The Mortgagor does hereby irrevocably appoint the Mortgagee as the Mortgagor s true
and lawful attorney in the Mortgagor s name place and stead with or without taking possession
of the Mortgaged Property to rent lease sublease let or sublet all or any portion of the
Mortgaged Property to any party or parties at such rental and upon such terms as the Mortgagee
in the Mortgagee s discretion may determine and to collect all of said avails rents income
issues and profits arising from or accruing at any time hereafter under each and all of such leases
and agreements with the same rights and powers and subject to the same immunities
exoneration of liability and rights of recourse and indemnity as the Mortgagee would have upon
taking possession of the Mortgaged Property
The Mortgagor represents and warrants that no portion of the Mortgaged Property is
currently the subject of any lease or other agreement oral or written for the leasing subleasing
use or occupancy of all or any portion of the Mortgaged Property The Mortgagor represents and
agrees that in the event all or any portion of the Mortgaged Property is or becomes subject to
any lease or other such agreement no rent has been or will be paid in advance by any persons in
2047500v I 6
168
connection with any such lease or other agreement for a period of more than one month and that
the payment of none of the rents to accrue for all or any portion of the Mortgaged Property has or
will be waived released reduced or discounted or otherwise discharged or compromised by the
Mortgagor The Mortgagor waives any right of setoff against any person in possession of all or
any portion of the Mortgaged Property The Mortgagor represents that the Mortgagor has not
assigned any of said rents or profits to any third party and agrees that the Mortgagor will not so
assign any of said rents or profits without the prior written consent of the Mortgagee
Nothing contained herein shall be construed as constituting the Mortgagee a mortgagee
in possession in the absence of the taking of actual possession of the Mortgaged Property by the
Mortgagee In the exercise of the powers herein granted to the Mortgagee no liability shall be
asserted or enforced against the Mortgagee all such liability being expressly waived and released
by the Mortgagor
The Mortgagor further agrees to assign and transfer to the Mortgagee all rents from future
leases or subleases upon all or any part of the Mortgaged Property and to execute and deliver
immediately upon request of the Mortgagee all such further assurances and assignments in the
Mortgaged Property as the Mortgagee from time to time shall require
Although it is the intention of the parties that this Assignment of Rents shall be a present
assignment it is expressly understood and agreed that anything herein contained to the contrary
notwithstanding the Mortgagee shall not exercise any of the rights and powers conferred upon
the Mortgagee herein unless and until an Event of Default as defined in the Loan Agreement
and nothing herein contained shall be deemed to affect or impair any rights which the Mortgagee
may have under the Note this Mortgage or any other document or agreement related hereto or
thereto
Upon the occurrence at any time of an Event of Default and during the continuance
thereof the Mortgagee without in any way waiving such default may
1 apply to the Minnesota District Court for the County wherein the
Mortgaged Property is located for the appointment of a receiver under Minnesota Statutes 9
559 17 it being understood and agreed that Mortgagee shall be entitled to the appointment of a
receiver upon a showing that an Event of Default has occurred under the terms of this Mortgage
A receiver so appointed shall apply all rents and profits collected from the date of his
appointment through the redemption period from any foreclosure sale first as provided in
Minnesota Statutes 9 576 01 Subdivision 2 and thereafter shall apply the rents and profits to the
payment of the following items in the order indicated first to the payment of principal and
interest on any prior mortgages second to the payment of any other prior liens or encumbrances
third to payment of all advances made by Mortgagee under this Mortgage and all costs of
collection incurred by Mortgagee in collecting the Indebtedness and enforcing this Mortgage and
all interest thereon and fourth to the payment of interest and principal on the Note or
2 collect all rents and profits from the occupiers of the Mortgaged Property
upon the filing by the Mortgagee in the office of the County Recorder or in the case of
registered property in the office of the Registrar of Titles for the County in which the Mortgaged
Property is located of a notice of the occurrence of an Event of Default in the terms and
2047500vl 7
169
conditions of this Mortgage and the service of said notice of default upon the occupiers of the
Mortgaged Property From the date of filing and service upon the occupiers of notice of default
through the redemption period from any foreclosure sale Mortgagee shall first apply all rents
and profits so collected in the same manner provided in subparagraph 1 above where the rents
and profits are collected pursuant to the appointment of a receiver In the event Mortgagee
exercises the Mortgagee s rights under this subparagraph 2 the Mortgagee shall not solely by
reason thereof be deemed to be a mortgagee in possession of the Mortgaged Property
The Mortgagee shall not be obligated to perform or discharge nor does the Mortgagee
hereby undertake to perform or discharge any obligation duty or liability under any leases
subleases or rental agreements relating to the Mortgaged Property and the Mortgagor shall and
does hereby agree to indemnify and hold the Mortgagee harmless from and against any and all
liability loss or damage which the Mortgagee mayor might incur under any such lease sublease
or agreement or under or by reason of the assignment of the rents thereof and from and against
any and all claims and demands whatsoever which may be asserted against the Mortgagee by
reason of any alleged obligations or undertakings on the Mortgagee s part to perform or
discharge any of the terms covenants or agreements contained in any of such leases provided
that the Mortgagor shall not indemnify and hold harmless the Mortgagee from any liability loss
or damage resulting from acts or omissions of the Mortgagee which occur on or after the date the
Mortgagee takes possession of the Mortgaged Property Except for any liability loss or damage
resulting from acts or omissions of the Mortgagee should the Mortgagee incur any liability loss
or damage by reason of this assignment of leases and rents or in the defense of any claim or
demand the Mortgagor agrees to reimburse the Mortgagee for the amount thereof including
costs expenses and reasonable attorneys fees immediately upon demand
The Mortgagee or such agent or receiver in the exercise of the rights and powers
conferred upon the Mortgagee by this assignment of leases and rents shall have the full power to
use and apply the avails rents issues income and profits of the Mortgaged Property to which the
Mortgagor would otherwise be entitled to the payment of or on account of the following in the
order listed below
a reasonable receiver s fees
b application of tenant security deposits as required by Minnesota Statutes
504B 178
c payment when due of prior or current real estate taxes or special
assessments with respect to the Mortgaged Property or the periodic escrow for the
payment of the taxes or special assessments
d payment when due of premiums for insurance of the type required by this
Mortgage or the periodic escrow for the payment of premiums
e to payment for the keeping of the covenants required of a lessor or
licensor pursuant to Minnesota Statutes S504B 161 subdivision 1 if applicable and
f all expenses for normal maintenance of the Mortgaged Property
82047500vt
170
provided however that nothing herein shall prohibit the right to reinstate pursuant to
Minnesota Statutes 9 580 30 or the right to redeem granted pursuant to Minnesota Statutes 99
580 23 and 581 10
Any excess cash remaining after paying the expenses listed in clauses a through f
above shall be applied to the payment of the Note and shall be deemed to be credited to the
amount required to be paid to effect a reinstatement or redemption or if the period of redemption
ends without redemption such remaining amounts shall be paid to the purchaser at the
foreclosure sale its successors or assigns
The Mortgagor does further specifically authorize and instruct each and every present and
future lessee sublessee tenant or subtenant of the whole or any part of the Mortgaged Property
to pay all unpaid rental agreed upon in any lease or sublease to the Mortgagee upon receipt of
demand from the Mortgagee so to pay the same
Any tenants subtenants or other occupants of all or any part of the Mortgaged Property
are hereby authorized to recognize the claims of the Mortgagee hereunder without investigating
the reason for any action taken by the Mortgagee or the validity or the amount of indebtedness
owing to the Mortgagee or the occurrence or existence of any Event of Default or the
application to be made by the Mortgagee of any amounts to be paid to the Mortgagee The sole
signature of any officer or attorney of the Mortgagee shall be sufficient for the exercise of any
rights under this assignment of leases and rents and the sole receipt of the Mortgagee for any
sums received by such tenants subtenants or other occupants shall be a full discharge and release
therefor Checks for all or any part of the rentals collected under this assignment of leases and
rents shall be drawn to the exclusive order of the Mortgagee
Section 1 11 Further Assurances At any time and from time to time upon request by
the Mortgagee the Mortgagor will make execute and deliver or cause to be made executed and
delivered to the Mortgagee any and all other further instruments certificates and other
documents as may in the reasonable opinion of the Mortgagee be necessary or desirable in
order to effectuate complete or perfect or to continue and preserve the obligations of the
Mortgagor hereunder and under the Note the Loan Agreement and the estate and security
interest granted by this Mortgage Upon any failure by the Mortgagor so to do the Mortgagee
may make execute and record any and all such instruments certificates and documents for and
in the name of the Mortgagor and the Mortgagor hereby irrevocably appoints the Mortgagee the
agent and attorney in fact of the Mortgagor so to do
Section 1 12 Expenses The Mortgagor will payor reimburse the Mortgagee for all
reasonable attorneys fees disbursements costs and expenses incurred by the Mortgagee in any
action legal proceeding or dispute of any kind in which the Mortgagee is made a party or
appears as party plaintiff or defendant affecting the indebtedness secured hereby this Mortgage
or the interest created herein or the Mortgaged Property including but not limited to the exercise
of the power of sale set forth in this Mortgage any condemnation action involving the
Mortgaged Property or collection of insurance proceeds or any action to protect the security
hereof and any such amounts paid by the Mortgagee shall be added to the indebtedness secured
by this Mortgage
2047500v 1 9
171
Section 1 13 Books and Records The Mortgagor shall keep and maintain full true and
accurate books of account adequate to reflect correctly the results of the operation of the
Mortgaged Property which books and the records relating thereto shall be open to inspection by
the Mortgagee or its representative during ordinary business hours
Section 1 14 Final Maturity Date The Mortgagor shall at the request of the
Mortgagee amend the Mortgage to reflect any change in the final maturity date of the debt
secured by the Mortgage as set forth in the Mortgage if such date is either accelerated or
extended as provided in the Note However in no case may the final maturity date be extended
beyond thirty years from the date of the Note
Section 1 15 Hazardous Materials The Mortgagor represents and warrants to the
Mortgagee its successors and assigns that except to the extent reasonably necessary in the
ordinary course of its operations it has not used or permitted and will not use or knowingly
permit the Mortgaged Property to be used whether directly or through contractors agents or
tenants and to the best of Mortgagor s knowledge the Mortgaged Property has not at any time
been used for the generating transporting treating storage manufacture emission of or
disposal of any dangerous toxic or hazardous pollutants chemicals wastes or substances as
defined in the Federal Comprehensive Environmental Response Compensation and Liability Act
of 1980 CERCLA or the Federal Resource Conservation and Recovery Act of 1976 or any
other federal state or local environmental laws statutes regulations requirements and
ordinances Hazardous Materials that there have been no investigations or reports involving
Mortgagor or the Mortgaged Property by any governmental authority which in any way pertain
to Hazardous Materials that the operation of the Mortgaged Property has not violated and is not
currently violating any federal state or local law regulation ordinance or requirement governing
Hazardous Materials that the Mortgaged Property is not listed in the United States
Environmental Protection Agency s National Priorities List of Hazardous Waste Sites nor any
other list schedule log inventory or record of Hazardous Materials or hazardous waste sites
whether maintained by the United States Government or any state or local agency and that the
building improvements do not contain any formaldehyde urea or asbestos except as may have
been disclosed in writing to the Mortgagee by the Mortgagor at the time of execution and
delivery of this Mortgage The Mortgagor agrees to indemnify and reimburse the Mortgagee its
successors and assigns for any breach of these representations and warranties and from any loss
damage expense or cost arising out of or incurred by Mortgagee which is the result of a breach
of misstatement of or misrepresentation of the above covenants representations and warranties
together with all attorneys fees incurred in connection with the defense of any action against the
Mortgagee arising out of the above These covenants representations and warranties shall be
deemed continuing covenants representations and warranties for the benefit of the Mortgagee
and any successors and assigns of the Mortgagee including any purchaser at mortgage
foreclosure sale any transferee of the title of the Mortgagee or any subsequent purchaser at a
foreclosure sale and shall survive any foreclosure of this Mortgage and any acquisition of title by
Mortgagee or anyone claiming through or under this Mortgage the title of Mortgagee The
amount of all such indemnified loss damage expense or cost shall bear interest thereon at the
highest rate of interest in effect on the Note and shall become so much additional indebtedness
secured by this Mortgage and shall become immediately due and payable in full on demand of
the Mortgagee its successors and assigns Said indemnity shall only apply in connection with
2047500vl 10
172
conditions which were in existence in whole or in part prior to the date on which Mortgagee
acquires possession and title to the Mortgaged Property
Section 1 16 Removal of Personal Property The Mortgagor will not without the prior
consent of the Mortgagee remove or permit the removal or sell or otherwise surrender its right to
possession of any personal property which is a part of the Mortgaged Property unless 1 the
Mortgagor first determines that such item has become inadequate obsolete worn out unsuitable
undesirable or unnecessary for the operation of the Mortgaged Property and that such disposition
will not otherwise materially impair the operating unity or structural unity of the Mortgaged
Property and 2 if the estimated fair market value of such item exceeds 25 000 the Mortgagor
substitutes for such item machinery or equipment of substantially equivalent utility to that
replaced provided that if any personal property is removed under the provisions of this Section
the Mortgagor or lessee shall repair and restore any and all damage to the Mortgaged Property
resulting from the removal of such items This Mortgage shall immediately attach to and
constitute a lien or security interest against any substituted item without further act or deed of the
Mortgagor
2047500vl 11
173
ARTICLE II
INSURANCE CONDEMNATION USE OF PROCEEDS
Section 2 1 Insurance The Mortgagor shall keep the buildings structures fixtures
and other improvements now existing or hereafter erected on the Land insured against loss by
fire vandalism and malicious mischief perils of extended coverage and such other hazards
casualties and contingencies as may be reasonably specified by the Mortgagee in an amount not
less than the full replacement cost of the buildings structures fixtures and other improvements
now existing or hereafter erected on the Land or the full insurable value thereof whichever is
greater All insurance shall be carried in companies licensed to conduct business in the State of
Minnesota rated A or better by A M Best or the equivalent and approved by the Mortgagee
and the policies and renewals thereof shall i contain a waiver of defense based on coinsurance
ii be constantly assigned and pledged to and held by the Mortgagee as additional security for
the indebtedness secured by this Mortgage iii have attached thereto loss payable clauses in
favor of and in form acceptable to the Mortgagee and iv shall provide that Mortgagee shall
receive at least thirty 30 days notice in advance of cancellation or substantial modification of
the policy In default thereof the Mortgagee may effect such insurance and the amount paid
therefor shall become immediately due and payable with interest at a rate equal to the rate of
interest under the Note or if such rate is illegal or usurious at the maximum rate permitted by
law and shall be secured by this Mortgage In the event of loss in the case of damage to or
destruction of the Project or any portion thereof not exceeding 100 000 in amount resulting
from fire or other casualty the Mortgagor shall forthwith repair reconstruct and restore the
Project to substantially the same or an improved condition or value as existed prior to the event
causing such damage and to the extent necessary to accomplish such repair reconstruction and
restoration the Mortgagor will apply the net proceeds of any insurance relating to such damage
received by the Mortgagor to the payment or reimbursement of the costs thereof Net proceeds
of any insurance relating to such damage up to 100 000 shall be paid directly to the Mortgagor
In event that any such damage or destruction exceeds 100 000 the Mortgagor will give
immediate notice by mail to the Mortgagee who may make proof of loss if not made promptly
by the Mortgagor The Mortgagor hereby authorizes the Mortgagee to settle and compromise all
such claims on the applicable policies and hereby authorizes and directs each insurance company
concerned to make payment for any such loss directly to the Mortgagee instead of to the
Mortgagor and the Mortgagee jointly In event of foreclosure of this Mortgage all right title
and interest of the Mortgagor in and to any property insurance policies then in force shall pass to
the purchaser at the foreclosure sale
The Mortgagor shall also maintain an insurance policy or policies covering such risks as
are ordinarily insured against by similar businesses including without limiting the generality of
the foregoing i insurance against all liability for injury to persons or property arising from the
operation of the Mortgaged Property and ii business interruption insurance covering an
interruption of Mortgagor s business for up to 12 months but not less than the sum of A total
debt service due on the Note in any Fiscal Year plus B real estate taxes due and owing during
the same Fiscal Year and the Mortgagee shall be named as insured
2047500v 1 12
174
Section 2 2 Condemnation The Mortgagor shall gIve the Mortgagee immediate
written notice of the actual or threatened commencement of any proceedings under
condemnation or eminent domain affecting all or any part of the Mortgaged Property or any
easement therein or appurtenance thereof If all or any part of the Mortgaged Property is
damaged taken or acquired either temporarily or permanently in any condemnation proceeding
or by exercise of the right of eminent domain the amount of any award or other payment for
such taking acquisition or damages made in consideration thereof to the extent of the full
amount of the remaining unpaid indebtedness secured by this instrument is hereby assigned to
the Mortgagee who is empowered to collect and receive the same and to give proper receipts
therefor in the name of the Mortgagor and the same shall be paid forthwith to the Mortgagee to
be held and applied as set forth in Section 2 3 hereof
Section 2 3 Mortgagor to Repair Replace Rebuild or Restore If any principal
amount of the Note is outstanding when all or any part of the Mortgaged Property is taken by
eminent domain or destroyed or damaged unless the Mortgagor exercises its right to prepay all
or a portion of the Note pursuant to Section 2 4 hereof
1 The Mortgagor shall proceed promptly subject to the prOVISIons of
subsection 2 to replace repair rebuild and restore the Mortgaged Property to substantially the
same condition as existed before the taking or event causing the damage or destruction with
such changes alterations and modifications including substitution or addition of other property
as may be desired by the Mortgagor and reasonably approved by the Mortgagee and will be
suitable for continued operation of the Mortgaged Property for the business purposes of the
Mortgagor
2 All proceeds of any condemnation award or property insurance claim shall
be paid directly to the Mortgagee Subject to the option of Section 2 4 hereof the Mortgagee
shall apply the proceeds less such sum if any required for payment of all expenses incurred in
collecting the same Net Proceeds to payment of the costs of repair replacement rebuilding
or restoration of the Mortgaged Property upon compliance with such construction and
disbursement terms as the Mortgagee may deem reasonably necessary including but not limited
to providing architect prepared plans and specifications executing a disbursing agreement
acceptable to Mortgagee and depositing with the Mortgagee of such funds of the Mortgagor as
may be required to ensure payment of all costs of rebuilding and restoration If such deposit
conditions imposed by Mortgagee are not met or are not made when requested by the Mortgagee
or if any other Event of Default should occur while the Mortgagee is retaining the Net Proceeds
the Mortgagee may apply said Net Proceeds on the indebtedness of the Mortgagor under the
Loan Agreement and the balance of Net Proceeds remaining after payment of all costs of any
repair rebuilding replacement or restoration of the Mortgaged Property shall be applied against
the unpaid principal balance of the Note
3 The Mortgagor shall not by reason of the payment of any costs of repair
rebuilding replacement or restoration be entitled to any reimbursement from the City or any
abatement or diminution of the amounts payable under Article 3 of the Loan Agreement
2047500v I 13
175
Section 2 4 Use of Proceeds to Prepay Loan and Note In the event the Mortgagor
does not elect to rebuild and restore the Mortgaged Property pursuant to Section 2 3 the
Mortgagor may elect to apply the Net Proceeds of any property insurance or condemnation
award to prepay the Note Any such prepayment shall be applied against the accrued interest
then due on the Note and then against the final principal amounts and any premium as defined
in the Loan Agreement due under the Note Any excess remaining after such application shall
be returned to the Mortgagor
Section 2 5 Protection of Mortgagee s Security If the Mortgagor fails to perform any
of the covenants and agreements contained in this Mortgage or if any action or proceeding is
commenced which affects the Mortgaged Property or the interest of the Mortgagee therein or the
title thereto including any determination of an insurance or condemnation award then the
Mortgagee at Mortgagee s option after written notice to Mortgagor may perform such
covenants and agreements defend against and or investigate such action or proceeding and take
such other action as the Mortgagee deems necessary to protect the Mortgagee s interest in the
Mortgaged Property Mortgagee shall be the sole judge of the legality validity and priority of
any claim lien encumbrance tax assessment charge and premium paid by it and of the amount
necessary to be paid in satisfaction thereof and Mortgagee may obtain counsel for such action at
the expense of the Mortgagor In connection with such failure to perform by Mortgagor
Mortgagee is hereby given the irrevocable power of attorney which power is coupled with an
interest and is irrevocable to enter upon the Mortgaged Property as the Mortgagor s agent in the
Mortgagor s name to perform after written notice to Mortgagor any and all covenants and
agreements to be performed by the Mortgagor as herein provided
Any amounts or expenses disbursed or incurred by the Mortgagee pursuant to this
Section 2 5 with interest thereon shall become additional indebtedness of the Mortgagor
secured by this Mortgage Unless Mortgagor and Mortgagee agree in writing to other terms of
repayment such amounts shall be immediately due and payable upon written demand therefor
from the Mortgagee to Mortgagor and shall bear interest from the date of disbursement at the
Default Rate as defined in the Loan Agreement unless collection from Mortgagor of interest at
such rate would be contrary to applicable law in which event such amounts shall bear interest at
the highest rate which may be collected from Mortgagor under applicable law Mortgagee shall
at its option be subrogated to the lien of any mortgage or other lien discharged in whole or in
part by the Indebtedness or by the Mortgagee under the provisions hereof and any such
subrogation rights shall be additional and cumulative security for this Mortgage Nothing
contained in this Section 2 5 shall require the Mortgagee to incur any expense or do any act
hereunder and the Mortgagee shall not be liable to the Mortgagor for any damages or claims
arising out of action taken by the Mortgagee pursuant to this Section 2 5
2047500vl 14
176
ARTICLE III
DEFAULT
Section 3 1 Event of Default Defined Each of the following occurrences shall
constitute an Event of Default hereunder
1 The Mortgagor shall fail to pay when due the principal sum of the Note or
any interest thereon or any installment thereof
2 The Mortgagor shall fail to pay when due any other payment due under
the Loan Agreement or this Mortgage and such failure continues after ten 10 days written
notice thereof to the Mortgagor
3
Loan Agreement
An Event of Default as that term is defined therein shall occur under the
4 Except as otherwise provided in this Mortgage the Mortgagor without the
written consent of the Mortgagee voluntarily or by operation of law shall transfer sell convey
or assign all or any part of the legal or equitable title or legal and equitable title to the Mortgaged
Property or any part of the Mortgaged Property or any of the personalty located thereon or used
or intended to be used in connection therewith
5 The Mortgagor shall otherwise fail to perform or observe any of the
covenants contained in this Mortgage and such default shall remain uncured for thirty 30 days
after written notice thereof to the Mortgagor
6 Any representation or warranty made by the Mortgagor in this Mortgage
or in the Loan Agreement is untrue or misleading in any material respect or any statement
certificate or report furnished hereunder or under the Loan Agreement by or on behalf of the
Mortgagor is untrue or misleading in any material respect on the date as of which the facts set
forth are stated or certified
7 If a the Mortgagor shall file a petItIon in bankruptcy or for
reorganization or for an arrangement pursuant to any present or future federal bankruptcy act or
under any similar federal or state law or b shall be adjudicated a bankrupt or insolvent or c
shall make an assignment for the benefit of its creditors or d shall admit in writing its inability
to pay its debts generally as they become due or e if a petition or answer proposing the
adjudication of the Mortgagor as a bankrupt or its reorganization under any present or future
federal bankruptcy act or any similar federal or state law shall be filed in any court and such
petition or answer shall not be discharged of denied within 90 days after the filing thereof or f
a receiver trustee or liquidator of the Mortgagor or of all or substantially all of the assets of the
Mortgagor or of the Mortgaged Property shall be appointed in any proceeding brought against
the Mortgagor and shall not be discharged within 90 days after such appointment or g if the
estate or interest of the Mortgagor in the Mortgaged Property or a part thereof shall be levied
upon or attached in any proceeding and such process shall not be vacated or discharged within 90
days after such levy or attachment or h if the Mortgagor shall be dissolved or liquidated
2047500vl 15
177
Section 3 2 Remedies Upon the occurrence of an Event of Default or at any time
thereafter until such Event of Default is cured to the satisfaction of the Mortgagee the
Mortgagee may at its option exercise any and all of the following rights and remedies and any
other rights and remedies available to it including without limitation the rights and remedies
provided to the City under Section 6 2 of the Loan Agreement
1 The Mortgagee may without notice to the Mortgagor or City declare
immediately due and payable all indebtedness secured by this Mortgage the same shall
thereupon be immediately due and payable subject to the limited liability of the City on the Note
as set forth therein and
2 The Mortgagee may foreclose this Mortgage by action or advertisement
and the Mortgagor hereby authorizes the Mortgagee to do so power being herein expressly
granted to sell the Mortgaged Property at public auction without any prior hearing or notice
thereof and to convey the same to the purchaser in fee simple pursuant to the statutes of
Minnesota in such case made and provided and out of the proceeds arising from such sale to
pay all indebtedness secured hereby with interest and all legal costs and charges of such
foreclosure and the maximum attorney s fees permitted by law which costs charges and fees the
Mortgagor herein agrees to pay and
3 The Mortgagee may exercise any of the remedies made available under
the Minnesota Uniform Commercial Code or other applicable law with respect to any of the
Mortgaged Property which constitutes personal property including without limitation the right to
take possession thereof proceeding without judicial process or by judicial process without a
prior hearing or notice thereof which the Mortgagor hereby waives and the right to sell lease
or otherwise dispose of or use any or all of such personal property The Mortgagee may require
the Mortgagor to assemble such personal property and make it available to the Mortgagee at a
place designated by the Mortgagee which is reasonably convenient to both the Mortgagor and the
Mortgagee If notice to the Mortgagor of any intended disposition of any of the Mortgaged
Property constituting personal property or any other intended action is required by law in a
particular instance such notice shall be deemed commercially reasonable if given in the manner
specified in Section 4 4 hereof at least ten 10 calendar days prior to the date of intended
disposition or other action
In the event of a sale under the Mortgage whether by virtue of judicial proceedings or
otherwise the Mortgaged Property may at the option of the Mortgagee be sold in such parcels
manner and order as the Mortgagee in its sole discretion may elect
Section 3 3 Purchase of Mortgaged Property In case of any sale of the Mortgaged
Property pursuant to any judgment or decree of any court or otherwise in connection with the
enforcement of any of the terms of this Mortgage the Mortgagee its successors and assigns may
become the purchaser and for the purpose of making settlement for or payment of the purchase
price shall be entitled to turn in and use the Note and any claims for interest matured and unpaid
thereon together with additions to the mortgage debt or any other indebtedness secured hereby
if any accrued in order that there may be credited as paid on the purchase price the sum then due
2047500v 1 16
178
under the Note including principal thereof and interest and any premium thereon and any
accrued additions to the mortgage debt or other indebtedness secured hereby
Section 3 4 Appointment of Receiver If any portion of the Mortgaged Property has
been leased after the happening of any Event of Default and during its continuance or upon the
commencement of any proceedings to foreclose this Mortgage or to enforce the specific
performance hereof or in aid thereof or upon the commencement of any other judicial proceeding
to enforce any right of the Mortgagee the Mortgagee shall be entitled as a matter of right if it
shall so elect without the giving of notice to any other party and without regard to the adequacy
or inadequacy of any security for the mortgage indebtedness forthwith either before or after
declaring the unpaid principal of the Note to be due and payable to the appointment of a receiver
or receIvers
Section 3 5 Proceeds The purchase money proceeds and avails of any sale of the
Mortgaged Property or any part thereof and the proceeds and avails of any other remedy
hereunder shall be paid to and applied as follows
1 First to the payment of costs and expenses of foreclosure and of such sale
and of all proper expenses including maximum attorney s fees permitted by law liability and
advances incurred or made hereunder by the Mortgagee and of all taxes assessments or liens
superior to the lien of this Mortgage
2 Second to the payment to the Mortgagee of the amount then owing or
unpaid under the Note and this Mortgage for principal interest and any premium and in case any
such proceeds shall be insufficient to pay the whole amount so due then first to final payments
of principal and then to the payment of interest thereon and
3 Third to the payment of any excess to the Mortgagor its successors and
assigns or to whomsoever may be lawfully entitled to receive the same
Section 3 6 Proceedings Discontinued In case the Mortgagee shall have proceeded to
enforce any right under this Mortgage by foreclosure sale entry or otherwise and such
proceedings shall have been discontinued or abandoned for any reason or shall have been
determined adversely then and in every such case the Mortgagor and Mortgagee shall be
restored to their former positions and rights hereunder with respect to the property subject to the
lien hereof
2047500vl 17
179
ARTICLE IV
MISCELLANEOUS
Section 4 1 No Implied Waiver Any delay by the Mortgagee in exercising or any
failure by the Mortgagee to exercise any right or remedy hereunder or afforded by law shall not
be a waiver of or preclude the exercise of any right or remedy hereunder whether on such
occasion or any future occasion
Section 4 2 Remedies Cumulative Each remedy of the Mortgagee is distinct and
cumulative to each other right or remedy under this Mortgage or afforded by law and may be
exercised concurrently or independently
Section 4 3 Successors and Assigns The covenants and agreements herein contained
shall bind and the rights hereunder shall inure to the respective successors and assigns of the
Mortgagor and the Mortgagee including among the Mortgagor s assigns any purchasers or
transferees of the Mortgaged Property
Section 4 4 Notices Any notice request demand or other communication permitted
or required hereunder shall be in writing and shall be deemed duly given if deposited in the
United States mails first class postage prepaid and addressed as follows
If to the Mortgagor St Hubert Catholic Community
8201 Main Street
Chanhassen Minnesota 55317
Attn Business Administrator
If to the Mortgagee KleinBank
600 West 78th Street
Chanhassen MN 55317
Attn Business Banking Department
or at such other address as either party shall notify the other of as aforesaid
Section 4 5 Headings The headings of the sections contained herein are for
convenience only and are not to be construed to be a part of or limit or affect the terms hereof
Section 4 6 Indemnity The Mortgagor shall indemnify Mortgagee and save the
Mortgagee harmless from all costs and expenses including reasonable attorneys fees incurred
by Mortgagee in any proceedings or disputes of any kind in which the Mortgagee is made a
party or appears and which affects the indebtedness secured hereby this Mortgage the interest
created herein or the Mortgaged Property Proceedings and disputes shall include but shall not
be limited to exercise of the power of sale provided for in Section 3 2 2 condemnation action
involving the land and any action to protect the security provided for herein Any amounts paid
by the Mortgagee for which the Mortgagee is entitled to indemnity may at the Mortgagee s
option be added to the indebtedness secured by this Mortgage
2047500vl 18
180
Section 4 7 Expenses The Mortgagor shall reimburse the Mortgagee and any
participant upon demand for all costs and expenses including without limitation reasonable
attorneys fees appraisal fees survey fees closing charges documentary or tax stamps
recording and filing fees insurance premiums and service charges paid or incurred by the
Mortgagee in connection with 1 the preparation negotiation approval execution and delivery
of the Loan Agreement the Note this Mortgage and any other documents and instruments
related hereto or thereto 2 the negotiation of any amendments or modifications to any of the
foregoing documents instruments or agreements and the preparation of any and all documents
necessary or desirable to effect such amendments or modifications and 3 the enforcement by
the Mortgagee during the term hereof or thereafter of any of the rights or remedies of the
Mortgagee or any participant hereunder as a result of the occurrence of an Event of Default or
under any of the foregoing documents instruments or agreements including without limitation
costs and expenses of collection whether or not suit is filed with respect thereto and whether
such costs are paid or incurred or to be paid or incurred prior to or after entry of judgment
Section 4 8 Waiver of Trial bv Jury EACH OF THE MORTGAGOR AND
MORTGAGEE HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY UNDER ANY
ACTION OR PROCEEDING ARISING DIRECTLY OR INDIRECTLY OUT OF THIS
MORTGAGE
Section 4 9 Construction Mortgage This Mortgage constitutes a construction
mortgage as defined in Minnesota Statutes Section 336 9 334
2047500vl 19
181
IN WITNESS WHEREOF the Mortgagor has caused this Mortgage to be duly executed
as of the day and year first above written
ST HUBERT CATHOLIC COMMUNITY
By
Its
By
Its
STATE OF MINNESOTA
SS
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2007 by the and by the
of St Hubert Catholic Community a Minnesota religious corporation on
behalf of said corporation
Notary Public
Notarial Stamp
2047500vl S 1
182
EXHIBIT A
Legal Description
2047500v I A I
183
EXHIBIT B
Permitted Encumbrances
2047500vl B 1
184
Letterhead of City of Chanhassen
2007
Mr Paul Moe
Minnesota Department of
Employment and Economic Development
First National Bank Building
332 Minnesota Street E200
St Paul Minnesota 55101
Re City of Chanhassen Minnesota 6 300 000 Educational Facilities
Revenue Note Series 2007 St Hubert School Project
Dear Mr Moe
Attached hereto in duplicate is the application of the City of Chanhassen Minnesota for
approval of the above referenced project the Project including a copy of the Resolution
approving the issuance of the Note adopted by the City Council
As indicated in the attached Resolution we believe that this Project fully meets the public
purpose requirements of Minnesota Statutes Sections 469 152 to 469 1651 the Act St
Hubert Catholic Community the Borrower a Minnesota religious corporation provides
among other things Kindergarten through 8th grade education The City Council desires to help
promote provision of educational programs and believes that the financing of the Project by the
issuance of the revenue Note will accomplish that objective Reference is made to the
Resolution for a more definitive statement of the public purposes served by the financing
Based on representations of the Borrower the Project does not contain any property to be
sold or affixed or consumed in the production of property for sale and does not include any
housing facility to be rented or used as a permanent residence
The City has complied with the notice and hearing requirements of Minnesota Statutes
Section 469 154 subdivision 4 and agrees it will comply with the reporting requirements set
forth in Minnesota Statutes Section 469 154 subdivisions 5 and 7 The public hearing was held
on July 23 2007 at the City Hall in the City of Chanhassen a draft copy of the enclosed
application with all attachments was available for public inspection and all interested parties
were afforded an opportunity to express their views
The City will undertake to encourage that the employment opportunities made available
by the Project will if feasible be offered to individuals who are unemployed or who are
economicall y disadvantaged
2045 1 OOv 1
185
We respectfully request prompt approval by the Minnesota Department of Employment
and Economic Development of the Project under the provisions of the Act
Sincerely
CITY OF CHANHASSEN MINNESOTA
20451 OOv 1
186
2007
Mr Paul Moe
Minnesota Department of
Employment and Economic Development
First National Bank Building
332 Minnesota Street E200
St Paul Minnesota 55101
Re City of Chanhassen Minnesota 6 300 000 Educational Facilities Revenue Note Series
2007 St Hubert School Project
Dear Mr Moe
Our firm has been engaged to act as Bond Counsel in connection with the issuance of the
Note named above This is to advise you that our firm has reviewed the attached resolution the
feasibility letter of Midwest Healthcare Capital the application of the City of Chanhassen
Minnesota the City and the letter of transmittal from the City Based upon a review of that
material it is our opinion that the Project referred to therein constitutes a project within the
meaning of Minnesota Statutes Section 469 153 Subdivision 2 b and that the proposed
financing thereof as set forth in the attached resolution is authorized by law
Please do not hesitate to give me a call if there are any questions
Very truly yours
Jenny Boulton
Enclosures
20451 OOv 1
187
Letterhead of Midwest Healthcare Capital
July 2007
City of Chanhassen
City Hall
7700 Market Boulevard
Chanhassen MN 55317 0147
Re City of Chanhassen Minnesota 6 300 000 Educational Facilities Revenue
Note Series 2007 St Hubert School Project
Ladies and Gentlemen
At the request of St Hubert Catholic Community a Minnesota religious corporation the
Borrower we have conducted a study of the economic feasibility of the proposal that the City
of Chanhassen Minnesota the City issue a revenue Note under the provisions of the
Minnesota Municipal Industrial Development Act to provide funds to refinance outstanding debt
used to finance the construction and equipping of the St Hubert School Facility the Project
Our study has led us to the conclusion that on the basis of current financial conditions
the Project is feasible from a financial standpoint and the revenue Note can be successfully
issued and sold
We understand a copy of this letter will be forwarded by the City to the Minnesota
Department of Employment and Economic Development to serve as the letter of feasibility
required by the Commissioner
Sincerel y
MIDWEST HEALTHCARE CAPITAL
By
Its
20451 OOV 1
188
Revised Nov 2004
STATE OF MINNESOTA
MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
BUSINESS AND COMMUNITY DEVELOPMENT DIVISION
APPLICATION FOR APPRO V AL OF INDUSTRIAL DEVELOPMENT BOND
PROJECT PURSUANT TO MINNESOTA STATUTES SECTION 469 152 THROUGH 469 165
Please submit this form in duplicate all supporting data in single copy only
Date 2007
The governing body of the City of Chanhassen Minnesota hereby applies to the Minnesota Department of Employment and
Economic Development Department for approval of a proposed Industrial Development Bond issue as required by Minn Stat
9469 152 469 165
Address of Issuer Chanhassen City Halt 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 0147
Telephone 952 227 1110
Fax 952 227 1110
Attn Greg Sticha
We have entered into preliminary discussions with
Firm St Hubert Catholic Community
Address 8201 Main Street
City Chanhassen State MN Zip 55317
Attorney Gregorv Brennv Funski Mark Johnson P A
Address 775 Prairie Center Drive Suite 400
City Eden Prairie State MN Zip 55344
Name of Project St Hubert School Proiect
This firm is engaged primarily in nature of business providing Kindergarten through 8th grade education among other religious
charitable and educational oUl1loses
The proceeds from the sale of the Industrial Development Bonds will be used to describe the project refinance outstanding debt
used to finance the construction and equipoing of the St Hubert School facilitv
Address of Project 8201 Main Street Chanhassen Minnesota
Acquisition of Land
New construction
Demolition and site preparation
Acquisition and installation of Equipment
Fees Architectural engineering inspection
fiscal legal administration or printing
Construction Interest
Initial Bond Reserve
Contingencies
Other refinancing
TOT AL
0
o
o
o
126 000
o
o
103000
6 071 000
6 300 000
2045112v1
189
It is presently estimated that construction will begin on or about N A and will be complete on or about N A When completed there
will be approximately new jobs created by the project at an annual payroll of approximately based upon currently
prevailing wages If applicable There are existing jobs provided by business
If applicable There will be N Ajobs created by construction of the project Number of hours N A Average wage level N A
Repayment of the proposed issue will be amortized over a period of 20 years
The following exhibits are furnished with this application and are incorporated herein by reference
1 An opinion of bond counsel that the proposal constitutes a project under Minn Stat 9469 153 subd 2
2 A copy of the resolution by the governing body of the issuer giving preliminary approval for the issuance of its revenue
bonds and stating that the project except for a project under Minn Stat 9469 153 subd 2 g or j would not be undertaken
but for the availability of Industrial Development Bond financing
3 A comprehensive statement by the municipality indicating how the project satisfies the public or purpose and policies of
Minn Stat 9469 152 469 165
4 A letter of intent to purchase the bond issue or a letter confirming the feasibility of the project from a financial standpoint
5 A statement signed by the principal representative of the issuing authority to the effect that upon entering into the revenue
agreement the information required by Minn Stat 9469 154 subd 5 will be submitted to the Department not applicable to
project under Minn Stat 9469 153 subd 2 g or j
6 A statement signed by the principal representati ve of the issuing authority that the project does not include any property to be
sold or affixed to or consumed in the production of property for sale and does not include any housing facility to be rented or
used as a permanent residence
7 A statement signed by a representative of the issuing authority that a public hearing was conducted pursuant to Minn Stat
9469 154 subd 4 The statement shall include the date time and place of the meeting and certify that a draft copy of this
application with all attachments was available for public inspection and that all interested parties were afforded an
opportunity to express their views
8 Copies of notice s as published which indicate the date s of publication and the newspaper s in which the notice s were
published
9 Provide a plan for compliance of employment preference of economically disadvantaged or unemployed individuals See
Minn Stat 9469 154 subd 7
2045112v1
190
We the undersigned are duly elected representatives of the City of Chanhassen Minnesota and solicit your approval of this project at
your earliest convenience so that we may carry it to a final conclusion
Signed by Principal Officers or Representatives of Issuing Authority type or print officials name on the line to the left of the
signature line Thank you
Tom Furlong
Mayor Signature
Todd Gerhardt
Manager Signature
This approval shall not be deemed to be an approval by the Department of the State of the feasibility of the project or the terms of the
revenue agreement to be executed or the bonds to be issued therefor
Authorized Signature Minnesota Department of
Employment and Economic Development
Date of Approval
Please return to Minnesota Department of Employment and Economic Development
Attn Paul A Moe Director
Office of Business Finance
First National Bank Building
332 Minnesota Street Suite E200
St Paul Minnesota 55101 1351
Phone 651 297 1391 Fax 651 296 5287
2045112v1
191
UNITED STATES OF AMERICA
ST ATE OF MINNESOTA
COUNTIES OF CARVER AND HENNEPIN
CITY OF CHANHASSEN
Educational Facilities Revenue Note Series 2007
St Hubert School Project
6 185 137
FOR VALUE RECEIVED the CITY OF CHANHASSEN Carver and Hennepin
Counties Minnesota the City hereby promises to pay KLEINBANK in Chanhassen
Minnesota its successors or registered assigns the Lender from the source and in the manner
hereinafter provided the principal sum of SIX MILLION ONE HUNDRED EIGHTY FIVE
THOUSAND ONE HUNDRED THIRTY SEVEN DOLLARS 6 185 137 or so much thereof
as remains unpaid from time to time the Principal Balance with interest thereon from the
date hereof until paid or otherwise discharged as set forth below in any coin or currency which
at the time or times of payment is legal tender for the payment of public or private debts in the
United States of America in accordance with the terms hereinafter set forth
1 Commencing on the date hereof and continuing though August 2012
the First Adjustment Date interest shall accrue at the initial rate of 4 59 per annum the
Initial Rate
2 On August in the years 2012 2017 and 2022 each an Adjustment
Date the interest rate on this Note for interest payable commencing the day of the
following month will be adjusted to a rate per annum equal to of the then current rate of
the Treasury Constant Maturities Index for five year obligations as reported by the Federal
Reserve for the preceding month the Adjusted Rate Except in the event of a Determination
of Taxability as defined in the Loan Agreement the annual rate of interest payable hereunder
shall not increase by more than 250 basis points during the term of this Note
3 Principal and interest on this Note shall be payable in 240 equal monthly
installments on the day of each month commencing September 2007 and continuing
thereafter until August 23 2027 the Final Maturity Date in such amounts as are required to
fully amortize the Principal Balance together with accrued interest thereon at the interest rate
then in effect over the remaining term of the Note and monthly payments of principal and
interest shall be recomputed as of each Adjustment Date Payments shall be applied first to
amounts which are neither principal nor interest next to interest due on the Principal Balance
and thereafter to reduction of the Principal Balance
4 In any event the payments hereunder shall be sufficient to pay all
principal and interest due as such principal and interest becomes due and to pay any premium
as defined in the Loan Agreement described below or service charge at maturity upon
redemption or otherwise Interest shall be computed on the basis of the actual number of days
elapsed in a year of 365 or 366 days as applicable
2047522vl
192
5 Principal and interest and premium or service charge if any due
hereunder shall be payable at the principal office of the Lender or at such other place as the
Lender may designate in writing
6 This Note is issued by the City to provide funds for a project as defined in
Minnesota Statutes Section 469 152 consisting of refinancing outstanding debt used to finance
the acquisition construction and equipping of the St Hubert School facility located at 8201 Main
Street which is owned and operated by St Hubert Catholic Community a Minnesota religious
corporation the Borrower pursuant to a Loan Agreement dated as of August 2007 by and
between the City and the Borrower the Loan Agreement and this Note is further issued
pursuant to and in full compliance with the Constitution and laws of the State of Minnesota
particularl y Minnesota Statutes Sections 469 152 to 469 1651 and pursuant to a resolution of the
City Council duly adopted on July 23 2007 the Resolution
7 This Note is secured by a Pledge Agreement of even date herewith
between the City and the Lender the Pledge Agreement and is further secured by a Mortgage
Security Agreement and Fixture Financing Statement of even date herewith executed by the
Borrower as mortgagor in favor of the Lender as mortgagee the Mortgage
8 The City for itself its successors and assigns hereby waives demand
presentment protest and notice of dishonor and to the extent permitted by law the Lender may
extend interest and or principal of or any service charge or premium due on this Note including
the Final Maturity Date or release any part or parts of the property and interest subject to the
Mortgage or to any other security document from the same all without notice to or consent of
any party liable hereon or thereon and without releasing any such party from such liability and
whether or not as a result thereof the interest on the Note is no longer exempt from the federal or
state income tax In no event however may the Final Maturity Date of the Note be extended
beyond thirty 30 years from the date hereof
9 This Note may be prepaid in whole or in part at the option of the
Borrower on any monthly payment date as provided in Section 5 1 of the Loan Agreement by
paying the principal interest and without premium or penalty Notice of any such prepayment
shall be given to the Lender by first class mail addressed to the Lender at its registered address
not less than thirty 30 days prior to the date fixed for prepayment At the date fixed for
prepayment funds shall be paid to the Lender at its registered address appearing below If the
Borrower so requests and if partial prepayment is in excess of 5 00 of the outstanding
principal balance of this Note on the date of a partial prepayment of this Note the installments
hereunder will be adjusted to amortize the then outstanding principal amount over the remaining
term of this Note payable commencing with the next installment due after such prepayment
10 Upon a Determination of Taxability as defined in the Loan Agreement
and Mortgage this Note shall convert to a taxable obligation and the interest rate for interest
payable commencing the day of the following month shall be adjusted to an interest rate
per annum equal to the Treasury Constant Maturities Index for Five year obligations as published
in the Federal Reserve Statistical Release H 15 for the nearest business day preceding the
Determination of Taxability plus basis points the Taxable Rate Any interest accruing
from the Date of Taxability which is retroactively due as a result of the interest rate adjustment
2047522vl 2
193
shall be payable on the day of the following month along with regularly scheduled principal
payment and interest accruing from the previous payment date at the Taxable Rate
11 Any partial prepayment shall be applied first to amounts which are neither
principal nor interest next to the interest accrued on this Note and finally shall be applied against
the principal portion of the installments due under this Note in inverse order of maturity The
monthly payments due under Paragraph 3 hereof shall continue to be due and payable in full
until the entire Principal Balance accrued interest and any premium due on this Note have been
paid
12 As provided in the Resolution and subject to certain limitations set forth
therein this Note is only transferable upon the books of the City at the office of the City
Manager by the Lender in person or by its agent duly authorized in writing at the Lender s
expense upon surrender hereof together with a written instrument of transfer satisfactory to the
City Manager duly executed by the Lender or its duly authorized agent Upon such transfer the
City Manager will note the date of registration and the name and address of the new registered
owner in the registration blank appearing below The City may deem and treat the person in
whose name the Note is last registered upon the books of the City with such registration noted on
the Note as the absolute owner hereof whether or not overdue for the purpose of receiving
payment of or on the account of the Principal Balance redemption price or interest and for all
other purposes and all such payments so made to the Lender or upon his order shall be valid and
effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so
paid and the City shall not be affected by any notice to the contrary
13 All of the agreements conditions covenants provisions and stipulations
contained in the Resolution the Mortgage the Loan Agreement and the Pledge Agreement are
hereby made a part of this Note to the same extent and with the same force and effect as if they
were fully set forth herein
14 This Note and interest thereon and any service charge or premium if any
due hereunder are payable solely from the revenues and proceeds derived from the Loan
Agreement and the Mortgage and do not constitute a debt of the City within the meaning of any
constitutional or statutory limitation are not payable from or a charge upon any funds other than
the revenues and proceeds pledged to the payment thereof and do not give rise to a pecuniary
liability of the City or any of its officers agents or employees and no holder of this Note shall
ever have the right to compel any exercise of the taxing power of the City to pay this Note or the
interest thereon or to enforce payment thereof against any property of the City and this Note
does not constitute a charge lien or encumbrance legal or equitable upon any property of the
City and the agreement of the City to perform or cause the performance of the covenants and
other provisions herein referred to shall be subject at all times to the availability of revenues or
other funds furnished for such purpose in accordance with the Loan Agreement sufficient to pay
all costs of such performance or the enforcement thereof
15 If an Event of Default as that term is defined in the Mortgage and the
Loan Agreement shall occur then the Lender shall have the right and option to declare the
Principal Balance and accrued interest thereon immediately due and payable whereupon the
same plus any premiums or service charges shall be due and payable but solely from sums
2047522vl 3
194
made available under the Loan Agreement and the Mortgage Failure to exercise such option at
any time shall not constitute a waiver of the right to exercise the same at any subsequent time
16 The remedies of the Lender as provided herein and in the Mortgage the
Loan Agreement and the Pledge Agreement are not exclusive and shall be cumulative and
concurrent and may be pursued singly successively or together at the sole discretion of the
Lender and may be exercised as often as occasion therefor shall occur and the failure to
exercise any such right or remedy shall in no event be construed as a waiver or release thereof
17 The Lender shall not be deemed by any act of omission or commission to
have waived any of its rights or remedies hereunder unless such waiver is in writing and signed
by the Lender and then only to the extent specifically set forth in the writing A waiver with
reference to one event shall not be construed as continuing or as a bar to or waiver of any right or
remedy as to a subsequent event
18 This Note has been issued without registration under state or federal or
other securities laws pursuant to an exemption for such issuance and accordingly the Note may
not be assigned or transferred in whole or part nor may a participation interest in the Note be
given pursuant to any participation agreement except in accordance with an applicable
exemption from such registration requirements
19 The City has designated this Note as a qualified tax exempt obligation
pursuant to Section 265 b 3 of the Internal Revenue Code of 1986 as amended
IT IS HEREBY CERTIFIED AND RECITED that all conditions acts and things
required to exist to happen and to be performed precedent to or in the issuance of this Note do
exist have happened and have been performed in regular and due form as required by law
2047522vl 4
195
IN WITNESS WHEREOF the City has caused this Note to be duly executed in
its name by the manual signatures of the Mayor and Manager the corporate seal having been
intentionally omitted as permitted by law and has caused this Note to be dated as of August
2007
CITY OF CHANHASSEN MINNESOTA
Mayor
Attest
Manager
2047522vl 5 1
196
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid Principal Balance of this Note and the interest accruing
thereon is registered on the books of the City of Chanhassen in the name of the holder last noted
below
Date of
Registration
Name and Address
Registered Owner
Signature of City
Manager
August 2007
KleinBank
600 West 78th Street
Chanhassen MN 55317
2047522vl 5 2
197
PLEDGE AGREEMENT
This Pledge Agreement is made as of the day of August 2007 between the CITY
OF CHANHASSEN MINNESOTA a municipal corporation and political subdivision of the
State of Minnesota the City and KLEINBANK a Minnesota corporation the Lender
Recitals
WHEREAS St Hubert Catholic Community a Minnesota religious corporation the
Borrower and the City have entered into a Loan Agreement the Loan Agreement of even
date herewith pursuant to which the City will lend to the Borrower the proceeds of the
6 185 137 Educational Facilities Revenue Note Series 2007 St Hubert School Project the
Note and
WHEREAS the Note is to be payable from and secured by the loan repayments to be
made by the Borrower under the Loan Agreement and the Lender as a condition to the purchase
of the Note has required the execution of this Pledge Agreement
NOW THEREFORE as an inducement to the Lender to purchase the Note and in
consideration of the promises and other good and valuable consideration the receipt and
sufficiency whereof is hereby acknowledged the parties hereby agree as follows
1 In order to secure the due and punctual payment of the Note and all other sums
due the Lender under the Loan Agreement the City does hereby pledge and assign to the Lender
all of the City s right title and interest in and to the Loan Agreement subject to the City s rights
under the provisions of Section 7 9 thereof
2 The City hereby represents and warrants to the Lender that the City s right title
and interest in the Loan Agreement is free and clear of any lien security interest or other
encumbrance other than that arising under this Pledge Agreement
3 The City hereby authorizes the Lender to exercise whether or not a default exists
under the Note or an Event of Default has occurred under the Loan Agreement either in the
City s name or the Lender s name any and all rights or remedies available to the City under the
Loan Agreement The City agrees on request of the Lender to execute and deliver to the Lender
such other documents or instruments as shall be deemed necessary or appropriate by the Lender
at any time to confirm or perfect the security interest hereby granted The City hereby appoints
the Lender its attorney in fact to execute on behalf of the City and in its name any and all such
assignments financing statements or other documents or instruments which the Lender may
deem necessary or appropriate to perfect protect or enforce the security interest hereby granted
4 The City will not
a exercise or attempt to exercise any remedies under the Loan Agreement
except as permitted by Sections 6 2 and 7 9 of the Loan Agreement or terminate modify or
accept a surrender of the same or by affirmative act consent to the creation or existence of any
security interest or other lien in the Loan Agreement to secure payment of any other
indebtedness or
2047529vl
198
b receive or collect or permit the receipt or collection of any payments
receipts rentals profits or other moneys under the Loan Agreement except as allowed under
Section 7 9 thereof or assign transfer or hypothecate other than to the Lender hereunder any
or the same then due or to accrue in the future
5 The City expressly covenants and agrees that the Lender shall be entitled to
receive all payments under the Loan Agreement except any payments due the City under
Section 7 9 thereof and hereby authorizes and directs the Borrower to make such payments
directly to the Lender The Lender covenants and agrees that all payments received by the
Lender pursuant to the Loan Agreement shall be applied to the payment of principal and interest
on the Note
6 The Lender agrees to advance the purchase price of the Note directly to the
Borrower as provided in the Note and the Loan Agreement In accordance with Section 7 9 of
the Loan Agreement the Lender hereby assumes the City s and Lender s obligations to the
Borrower thereunder
7 If an Event of Default as defined in the Loan Agreement shall occur and be
continuing the Lender may exercise anyone or more or all and in any order of the remedies
hereinafter set forth it being expressly understood that no remedy herein conferred is intended to
be exclusive of any other remedy or remedies but each and every remedy shall be cumulative
and shall be in addition to every other remedy given herein or now or hereafter existing at law or
in equity or by statute
a The Lender may without prior notice of any kind declare the principal of
and interest accrued and any premium as defined in the Loan Agreement on the Note
immediately due and payable
b The Lender may exercise any rights and remedies and options of a secured
party under the Uniform Commercial Code as adopted in the State of Minnesota and any and all
rights available to it under the Loan Agreement and Mortgage securing payment of the Note
8 Whenever any of the parties hereto is referred to such reference shall be deemed
to include the successors and assigns of such party and all the covenants promises and
agreements in this Pledge Agreement contained by or on behalf of the City or the Lender shall
bind and inure to the benefit of the respective successors and assigns of such parties whether so
expressed or not
9 The unenforceability or invalidity of any provision or provisions of this Pledge
Agreement shall not render any other provision or provisions herein contained unenforceable or
invalid
10 This Pledge Agreement shall in all respects be construed in accordance with and
governed by the laws of the State of Minnesota This Pledge Agreement may not be amended or
modified except in writing signed by the City and the Lender
2047529vl 2
199
11 This Pledge Agreement may be executed acknowledged and delivered in any
number of counterparts and each of such counterparts shall constitute an original but all of which
together shall constitute one agreement
12 The terms used in this Pledge Agreement which are defined in the Loan
Agreement shall have the meanings specified therein unless the context of this Pledge
Agreement otherwise requires or unless such terms are otherwise defined herein
13 No obligation of the City hereunder shall constitute or give rise to a pecuniary
liability of the City or a charge against its general credit or taxing powers but shall be payable
solely out of the proceeds and the revenues derived under the Loan Agreement
2047529vl 3
200
IN WITNESS WHEREOF the City and the Lender have caused this Pledge Agreement
to be duly executed as of the day and year first above written
CITY OF CHANHASSEN MINNESOTA
By
Mayor
By
City Manager
2047529vl S l
201
KLEINBANK
By
Its
Pledge Agreement between the City of Chanhassen Minnesota and KleinBank
2047529vl 5 2
202
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
4
MEMORANDUM
TO Todd Gerhardt City Manager
FROM Lori Haak Water Resources Coordinator U
July 23 20070 yDATE
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 staffs
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 Staff recommends that the City Council uphold staffs
decisions on allfive 5 exemptions and affinn the Findings of the Technical
Evaluation Panel TEP
MINNESOTA WETLAND 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 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
Dorsey Fox Wetland Exemption Appeals
July 23 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
l1
tt J
e
Jj
Dorsey Fox Wetland Exemption Appeals
July 23 2007
Page 3
Dorsey Dorsey Application
The applicant requested an exemption determination for four 4 basins on the
Dorsey Dorsey property located in the NWl4 of the SWl4 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 plan for wetlands is not required for activities in a
wetland that was planted with annually seeded crops or was in a crop
rotation seeding ofpasture grass or legumes in six of the last ten years
prior to January 1 1991 Documentation such as aerial photographs
United States Department of Agriculture 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 atype 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
Dorsey Fox Wetland Exemption Appeals
July 23 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
Dorsey Fox Wetland Exemption Appeals
July 23 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 lA
Specifically the land was used for row crops Minn Stat
U03G 2241 subdivision IA part 1 Further based on available
evidence it was determined that during the time period of 1981 1986
the subject areas showed 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 lA
No determination has been made by the TEP with respect to subpart ID
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 LGU 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 LGU 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
Dorsey Fox Wetland Exemption Appeals
July 23 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
Dorsey Fox Wetland Exemption Appeals
July 23 2007
Page 7
11 Minn Stat 103G 2241 subd l a I 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 Jo Ann
Olsen met with Dr Elizabeth Rockwdl 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
Dorsey Fox Wetland Exemption Appeals
July 23 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 I
exemption
The TEP did not misconstrue the meaning of these terms nor of the
requested exemption The exemption cited in allegation 14 does not
exist
15 Hayland is 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
103G 005 subd 10 c Minn Rules Part 8420 0110 subp 20
So noted The term hayland does not appear in MR 8420 0122
subpart lA
Dorsey Fox Wetland Exemption Appeals
July 23 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 lA
17 The statute rules and SONAR support a plain reading of the
exemption requested by Dorsey
City staff and the TEP properly and fairly interpreted the exemption
request by Dorsey and properly and fairly applied the statute rules and
SONAR in reaching their recommendations and decisions
18 A crop is any plant that is grown in significant quantities to be
harvested as 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 lA 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
Dorsey Fox Wetland Exemption Appeals
July 23 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 ID 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
Dorsey Fox Wetland Exemption Appeals
July 23 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
Dorsey Fox Wetland Exemption Appeals
July 23 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 rmding
that there is a type 3 wetland The decision merely checks a box
which provides insufficient explanation for administrative or
judicial review It fails to demonstrate that the panel applied the
correct standards or law or that it took a 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 wildlife version 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
Dorsey Fox Wetland Exemption Appeals
July 23 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
ATTACHMENTS
1 Findings of Fact
2 FoxIDorsey 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 Korffre 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
Dorsey Fox Wetland Exemption Appeals
July 23 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 Korff reo 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
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES MINNESOTA
FINDINGS OF FACTAND DECISION
IN RE Application of Dorsey Dorsey and Jeff Terri Fox and Fox Properties LP for
Wetland Act Appeal of an Exemption Determination
On July 23 2007 the Chanhassen City Council met at its regularly scheduled meeting to
consider the application of Dorsey Dorsey Dorsey Jeff 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
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
1
8 Chanhassen City Code Section 20 417 a states that Activities exempted by
Minnesota Rule 8420 0122 or determined to result in no net loss of wetlands shall be
exempted from the provisions of this ordinance However certificates of exemption
or no loss must be obtained from the city prior to starting work emphasis added
9 The applicants exemption application was fully evaluated by the Technical
Evaluation Panel TEP and City Staff see staff report Item 4 of the July 23 2007
City Council Agenda prepared by Lori Haak et ai which is incorporated herein
10 The Dorsey application involves four basins and the Fox application involves one
basin
11 With regard to Dorsey sites 1 and 3 aerial photographs do not show that the area
was planted with crops for the period required by the exemption Aerial photos show
sufficient seeding with crops to meet the exemption criteria for Sites 2 and 4
12 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
DECISION
The City Council affirms the April 6 2007 Notice of Decision regarding the Fox
and Dorsey properties
ADOPTED by the Chanhassen City Council this 23rd day of July 2007
CHANHASSEN CITY COUNCIL
BY
Mayor
ATTEST
City ClerkManager
2
EXHIBIT A
Dorsey Dorsey
Parcel Number 25 0230400
NWl4 SWl4 Section 23 Township 116 Range 023 West Carver County Minnesota
Jeffrey Terri Fox
Parcel Number 25 0230500
NEl4 SWl4 Section 23 Township 116 Range 023 West Carver County Minnesota
EXC THAT P O SHOWN AS PARCEL 64 ON MN DOT R O W PLAT 10 19
Fox Properties LP
Parcel Number 25 0230300
That portion of the South half of the Southwest quarter of 23 Township 116 Range 023
West Carver County Minnesota
Which lies Westerly ofthe following described line
Beginning at the South quarter of said Section 23 thence run West on a azimuth of 271
degrees 56 minutes 13 seconds along the south line of said Section 23 for 163423 feet to a
point thence on an azimuth of 00 degrees 43 minutes 24 seconds for 500 11 feet to apoint
thence on an azimuth of 91 degrees 56 minutes 13 seconds for 117346 feet to a point
thence on an azimuth 29 degrees 19 minutes 18 seconds for 152 11 feet to a point thence on
an azimuth of 352 degrees 57 minutes 23 seconds for 709 36 feet to apoint on the north line
of said Southeast Quarter of the Southwest Quarter thence on an azimuth of 91 degrees 23
minutes 02 seconds along the north line of said Southeast Quarter of the Southwest Quarter
for 47537 feet to the Northeast comer of said Southeast quarter of the Southwest Quarter
and there terminating
But excepting therefrom the following
Commencing at the Southwest comer of Section 23 Township 116 Range 23 West thence
running North on the Section line 30 feet thence in a straight line to a point on the South
Section line of said Section 30 feet East of the Southwest corner of said Section thence
West 30 feet to said Southwest corner of said Section and the place of beginning being a
three cornered piece in the Southwest comer of Section 23 Township 116 Range 23 West
Fox Dorsey
Wetland Exemption Appeal
Location Map
C R 18
Dorsey
Property
II
Affidavit of Publication
Southwest Newspapers
State of Minnesota
SS
County of Carver
Laurie A Hartmann being duly sworn on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil
lager and has full knowledge of the facts herein stated as follows
A These newspapers have complied with the requirements constituting qualification as a legal
newspaper as provided by Minnesota Statute 331A02 331A07 and other applicable laws as
amended
B The printed public notice that is attached to this Affidavit and identified as No Lf1waspublishedonthedateordatesandinthenewspaperstatedintheattachedNoticeandsaid
Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of
the newspaper specified Printed below is a copy of the lower case alphabet from A to Z both
inclusive and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice
CITY OF CHANHASSEN
CARVER HENNEPIN
COUNTIES
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN
that the ChaiIhassen City Council
will 1101d a public hearing on
Monday July 9 2007 at 7 00p m in
the Council Chambers in
ChanhassenCity Hall 7700 Market
Blvd Thepurpose ofthishearing is
to consider an appeal of a wetland
exemption determination on
property 10catedintheNorthHalfof
Section 23 Township 116N Range
23W Southwest corner of Lyman
Boulevard and Powers Boulevard
Lori Haak
Water Resources Coordinator
Email
lhaakiilcLchanhassen rim us
Phon 952
227 1135
Published in the Chanhassen
VillageronThutsday June28 2007
No 4909
Laurie A Hartmann
Subscribed and sworn before me on
thi J2 dY of 2007
l j
Notary Public
GWEN M RADUENZ
NOTARY PUBUC MINNESOTA
My Commission Expires Jan 31 2010
RATE INFORMATION
Lowest classified rate paid by commercial usersfor comparable space40 00 per column inch
Maximum rate allowed by law for the above matter 40 00 per column inch
Rate actually charged for the above matter 11 89 per column inch
JIiiIl
ta
Water SoiIResources
June 6 2007
Lori Haak Water Resources Coordinator
City of Chanhassen
P O Box 147
Chanhassen MN 55317
RECEIVED
JUN 8 2007
CITY OF CHANHASSEN
Gerald Von Korff
Rinke Noonan
P O Box 1497
St Cloud MN 55302 1497
In Re Order Remand of Wetland Conservation Act Appeal
Dorsey Dorsey City of Chanhassen Carver County File 07 14
Dear Ms Haak and Mr Von Korff
Please find enclosed an Order that remands the Wetland Conservation Act petition for appeal of
Dorsey Dorsey dated May 4 2007 to appeal the April 6 2007 Wetland Conservation Act exemption
determination located in the NW ofthe SW of Section 23 T 116N R 23W City ofChanhassen
Carver County
Local administrative remedies have not been exhausted The appeal will be held in abeyance pending
completion ofthe administrative proceedings The proceedings must be completed within 60 days ofthe
date ofthe Order unless the parties mutually agree to an extension oftime
Under remand the City of Chanhassen as the local government unit administering the Wetland
Conservation Act must conduct apublic hearing on the wetland exemption application The public hearing
must be presided over by a panel of at least three members All persons should be given a full and fair
opportunity to speak and submit information The information may consist of additional or new
information that was not previously considered All documents that are submitted or relied upon should
be identified on the record at the hearing The panel must develop an adequate record that considers a
written Technical Evaluation Panel report The decision must include sufficient written findings of fact that
support the decision and address any disagreement ifthere is any with the Technical Evaluation Panel
report The proceedings ofthe hearing or hearings where the wetland exemption application is considered
should be tape recorded such that averbatim transcript could be made available or adequate minutes must
Bem kIP Brainerd Duluth FeJgus Fas Marshall New Vim Rochester 5atid Paul
701 Minnesota Avenue 1601 Minnesota Drive 394 S Lake Avenue 1004 Frontier Trail 1400 E Lyon Street 261 Highway 15 S 2300 Silver Creek 520 Lafayette Road N
Suite 234 Brainerd MN 56401 Room 403 Fergus Falls MN 56537 Box 267 New Vim MN 56073 Road N E Saint Paul MN 55155
Bemidji MN 56601 phone 218 828 2383 Duluth MN 55802 phone 218 736 5445 Marshall MN 56258 phone 507 359 6074 Rochester MN 55906 phone 651 296 3767
phone 218 755 4235 fax 218 828 6036 phone 218 723 4752 fax 218 736 7215 phone 507 537 6060 fax 507 359 6018 phone 507 281 7797 fax 651 297 5615
fax 218 755 4201 fax 218 723 4794 fax 507 537 6368 fax 507 285 7144
Web www bwsrstate mn us TTY 800 627 3529 An equal opportunity employer @Printed on recycled paper
Lori Haak Gerald Von Korff
June 6 2007
Page 2
be taken The decision must be noticed in the same manner as any wetland exemption determination An
appeal of the decision can be made The current appeal is finalized upon the city s decision being made
under remand and properly noticed
It is my understanding no panel board or commission has been previously delegated the authority to decide
on Wetland Conservation Act matters such as this Thus the City Council would conduct the public
hearing and make a final decision on the wetland exemption application
Minn Rules Parts 8420 0115 and 8420 0122 Subp lA are the major focus for this appeal The petition for
appeal states The decision wrongly assumes that the purpose of an exemption determination is to
authorize aparticular activity as ofthe date of the exemptionrequest The Scope of Exemption Standards
Minn Rules Part 8420 0115 sixth paragraph states in pertinent part can make no use ofthe wetland
area after it is drained excavated or filled other than as agricultural land for ten years after the draining
excavating or filling unless it is first replaced The petition for appeal claims wetlands that were
exempt in 1991 remain exempt However a wetland exemption determination must apply to the
circumstances at the time ofthe wetland exemption application
It appears the decision ofcity staff was not in error and correctly interpreted application ofthe exemption
standards to the conditions at the time the exemption application was made
Similarly the decision of city staff weighed the evidence including the landowner s affidavit and
interpretation of aerial photography and concluded the exemption standards were not met
Please feel free to contact me at 651 297 2906 or at the Saint Paul address if I may be of further
assistance in this matter
SincerelY O I V
ufo 1b
Haertel
ater Management Specialist
Enclosure
Lori Haak Gerald Von Korff
June 6 2007
Page 3
cc Greg Graczyk Carver SWCD
DRC Members
Tom Overton AG O
Doug Norris DNR Eco Services
BWSR John Jaschke Doug Thomas Dave Weirens Steve Woods Lynda Peterson Brad Wozney
Minnesota Board of Water and Soil Resources
520 Lafayette Road North
St Paul Minnesota 55155
In the Matter of the Wetland Conservation Act
appeal filed by Gerald Von Korff for Dorsey Dorsey
of an exemption determination located in the SW lf4
of Section 23 T 116N R 23W Carver County
ORDER
REMANDING
APPEAL
Whereas a petition dated May 4 2007 was received on May 7 2007 from Gerald Von Korff
Rinke Noonan on behalf of Dorsey Dorsey c o Rick Dorsey to appeal a Wetland
Conservation Act exemption determination made by the City of Chanhassen Water Resources
Coordinator on April 6 2007 located in the NW lf4 of the S W lf4 of Section 23 T 116N
R 23W City ofChanhassen Carver County and
Whereas the City of Chanhassen is the local government unit administering the Wetland
Conservation Act and
Whereas a Wetland Conservation Act wetland exemption application was made by Dorsey
Dorsey on February 5 2007 and
Whereas the Wetland Conservation Act exemption determination made on April 6 2007 by the
City of Chanhassen Water Resources Coordinator was to deny the wetland exemption application
for Sites 1 and 3 and to approve the wetland exemption application for Sites 2 and 4 and
Whereas the Wetland Conservation Act Minn Stat 14 06 103B101 103B3355
103G2242 and Minnesota Rules Chapter 8420 0250 Subp 3 require a petition for appeal not be
granted when the petitioner has not exhausted all local administrative remedies and allows a
petition for appeal to be remanded to the local government unit when the petitioner has not
exhausted all local administrative remedies such as a local government unit public hearing and
Whereas effective on May 9 2007 after the April 6 2007 exemption determination and after
the May 4 2007 petition for appeal the Wetland Conservation Act Minn Stat 103G 2242
Subd 2a d was revised to require appeals of decisions made by designated local government
staff to be made to the local government unit and
Whereas the City ofChanhassen Wetland Conservation Act exemption determination made on
April 6 2007 was made by a staff individual and no public hearing was held prior to the decision
on the wetland exemption application and
Whereas to qualify for the wetland exemption applied for the application must contain
sufficient evidence to support approval of the wetland exemption application
Now Therefore the Board makes the following Order
ORDER
The Board hereby remands to the City of Chanhassen the Wetland Conservation Act
petition for appeal of Gerald Von Korff Rinke Noonan on behalf of Dorsey Dorsey
c o Rick Dorsey to appeal a Wetland Conservation Act exemption determination made
by the City of Chanhassen Water Resources Coordinator on April 6 2007 located in the
NW Y4 of the SW Y4 of Section 23 T 116N R 23W City ofChanhassen Carver County
to conduct a public hearing on the wetland exemption application to develop an adequate
record that considers a written Technical Evaluation Panel Report and includes written
findings of fact that support the decision and address any disagreement with the Technical
Evaluation Panel Report to tape record the hearing such thata verbatim transcript can be
made or adequate minutes taken and to notice the decision as required by the Wetland
Conservation Act pursuant to Minn Stat 103G 2242 Subd 9 and Minn Rules
Chapter 8420 0250 Subp 3 Under remand the decision must be made within 60 days of
the date of this order unless the parties mutually agree to an extension of time Under
remand the appeal will be held in abeyance
Dated at Saint Paul Minnesota this
I0 day of June 2007
MINNESOTA BOARD OF WATER AND SOIL RESOURCES
By i O lc
John G aschke ExecutI e DIrector
IijIIiIlMinfa
SoilResources
MEMORANDUM
May 9 2007
TO DRC Randy Kramer Kay Cook Louise Smallidge Paul Brutlag Quentin Fairbanks
Tom Overton A G O
D Ug OQj D rvices
J b l1J
Haertel Water Management Specialist
PH 651 297 2906
In Re WCA Appeal ofan Exemption Determination
City ofChanhassen Carver County File 07 14
Please find enclosed acopy ofthe above referenced petition in which awetland exemption determination is
being appealed The appeal regards the denial of a wetland exemption application on land used or
sometimes used for agricultural purposes
Please contact me if you have any comments or questions
Enclosure
cc Lori Haak City of Chanhassen
Greg Graczyk Carver SWCD
Christie Eller A G O
BWSR John Jaschke Doug Thomas Dave Weirens Steve Woods Brad Wozney
BemitJi Brainerd Duluth Fergus Falls Marshall New Vim Rochester Saint Paul
701 Minnesota Avenue 1601 Minnesota Drive 394 S Lake Avenue 1004 Frontier Trail 1400 E Lyon Street 261 Highway 15 S 2300 Silver Creek 520 Lafayette Road N
Suite 234 Brainerd MN 56401 Room 403 Fergus Falls MN 56537 Box 267 New DIm MN 56073 Road N E Saint Paul MN 55155
Bemidji MN 56601 phone 218 828 2383 Duluth MN 55802 phone 218 736 5445 Marshall MN 56258 phone 507 359 6074 Rochester MN 55906 phone 651 296 3767
phone 218 755 4235 fax 218 828 6036 phone 218 723 4752 fax 218 736 7215 phone 507 537 6060 fax 507 359 6018 phone 507 281 7797 fax 651 297 5615
fax 218 755 4201 fax 218 7234794 fax 507 537 6368 fax 507 285 7144
Web www bwsr state mn us TTY 800 627 3529 An equal opportunity employer @Printed on recycled paper
STATE OF MINNESOTA
BOARD OF WATER SOIL RESOlTRCES
The Matter of the Appeal ofDorsey Dorsey
c o Rick Dorsey of the Determination ofthe
Local Government Unit s Findings and Conclusions
LGU City ofChanhassen
APPEAL OF WETLAND
CONSERVATION ACT
DETERMINATION
TO THE STATE OF MINNESOTA THROUGH ITS BOARD OF WATER SOIL
RESOURCES AGENCY ADMINISTERlNG THE WETLAND CONSERVATION
ACTION MINNESOTA STATUTES CHAPTER 103G RULES PART 8420
Rick Dorsey for his appeal ofthe determination of the City ofChanhassen states and
alleges the following
1 Rick Dorsey appeals the determination of the City of Chanhassen under the
Wetland Conservation Act as contained n the Apri16 2007 letter and Notice of Wetland
Conservation Act Decision and TEP Findings of Fact by Lori Haak Water Resources
Coordinator City of Chanhassen Exhibit 1
2 The City of Chanhassen is the Local Government Unit LGU implementing the
Wetland Conservation Act in Carver County Minnesota
3 Dorsey s exemption request was heard concurrently with an exemption request by
adjoining landowner Fox The two cases have issues in cortunon
4 The decision is contrary to law arbitrary and capricious and unsupported by
substantial evidence The decision maker applied the wrong standard ofproof applying a
standard that required conclusive proof
PMay 4 2007 C2004 10 08
F IDATA20453 OOIIPleadinglDorsey FINAL Appeal tollWSR wpdjck 1
5 Rick Dorsey is a General Partner of Dorsey and Dorsey who is the owner ofreal
property located in the NW 14 of SW 14 of Section 23 Township 116 Range 23 Carver
County Minnesota Street Address 1551 Lyman Blvd pill 250230400
6 On or about February 5 2007 Rick Dorsey submitted an application for approval
of a wetland project Dorsey applied for an exemption determination for four areas designated as
Sites 1 4 respectively The purpose of the exemption request was to obtain declaratory
determination establishing that the sites were exempt in 1991 and that they remain exempt The
evidence was presented at a meeting lasting approximately one hour The evidence showed that
the sites were already exempt were former wetlands all of which have been drained excavated
andor filled as ofpassage of WCA
7 The decision regarding the two areas designated as Site 2 and Site 4 are impacted
by the same legal error The evidence established that prior to 1987 site 2 and 4 met the criteria
for WCA exemption 1A Specifically the land was used for row crops l Minn Stat
103G 2241 subdivision IA part 1 Further based on available evidence it was determined that
during the time period of 1981 1986 the subject areas showed rio sign ofa wetland or were of
1 With respect to site 2 the drainage drain tile and fill activity occurred prior to 1991
The evidence shows it was annually seeded with crops for the required number of years petween
the time period 1981 1991 TheLGU agrees to the exemption The exemption occurred at the
time of enactment of the WCA and not at the time of the formal application MN Rule
8420 0210 paragraph 2 An exemption may apply whether or not the local government unit has
made an exemption determination As such an exemption for the work alieady done in the
wetland was effectively grandfathered in with the WCA when it became effective in 1992
Because it was exempt under Subp lA for work already done a certificate pf exemption was not
needed or requested Again in that a certificate was not requested does not mean an exemption
did not apply
PMay 4 2007 C200704 23
F IDATAI20453 OOIPleadinglDorsey FINAL Appeal to BWSR wpd dvf 2
type 1 or 2 and iftype2 were less than 2 acres Having found that the sites were exempt at that
time however the LGU incorrectly imposed a tem year deed restriction dating from the time of
the exemption determination rather than from the date of the date of the existence of the
exemption itself The decision wrongly assumes that the purpose ofan exemption determination
is to authorize a particular activity as of the date of the exemption request From this error the
exemption decision determines that the panel should place an agricultural restriction effective
after the date of the exemption determination As a result of this error the decision wrongly
concludes that the tpplicant must restrict his usage of the property for at least ten years after the
date of the decision Exemptions are self executing and the date ofthe exemption
determination is irrelevant for purposes of applying the exemption
8 With respect to Site 3 the evidence showed that a wetland of some kind may
have existed on this site prior to 1981 During that time the area was fenced and used as pasture
for dairy cows The County then in 1981 widened Lyman Boulevard and lawfully used this area
for clean fill arising from 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 aftt r the balance oflowland as filled with soil hauled in from another City
project the south portion of the former wetland was planted in soybeans and the north half
reseeded in pasture grass hay which was mechanically harvested and sold through 1988
Thus at the time WCA was passed there was no wetland and the land would have been exempt
as of the date that WCA became effective The TEP Panel wrongly focused on an artificial wet
area which developed along the road ditch The decision that Site 3 is not exempt is arbitrary
PMay 4 2007 C2007 04 23
F IDATA20453 OOIIPleadinglDorseyFINAL Appeal to IlWSRwpd dvf 3
and capricious unlawful and contrary to the evidence Further as discussed below the TEP
Panel and LGU applied the wrong standard in evaluating the evidence
9 With respect to Site 1 the TEP Panel used an on site visit March 22 2007 to
determine the size and type of wetland area to be impacted as the basis for its decision to deny
the exemption request This review was irrelevant as it did not review the status of size and type
prior to 1991
10 In the relevant time period for exemption determination there was no wetland on
site 1 Within the application as well as at the predetermination meeting with the TEP Panel
Dorsey and Ben Meyer a Senior Environmental Consultant with Bonestroo Rosene Anderlik
and Associates representing Dorsey provided detailed information regarding the issue of wetland
size between 1981 and 1989 They showed that the former wetland had been drained and tiled
for over thirty years by the time the WCA was enacted In an aerial photo from 1963 supplied to
the TEP Panel in the application one can see the Y shape shadow line on the land including the
site area
11 Minn Stat s103G 2241 subd 1 a 1 and Minn 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 ofpasture grass or legumes in 6 of
the most recent 10 years prior to January 1 1991 Because these lands met that requirement as
of January 1 1991 the panel wrongly looked at the condition of the land as of a later date
12 The site was excavated and wetland soil types were removed in 1989 with
approval from the City of Chanhassen for reasons described in detain in the application The
excavation was done to make a man made surface water management pond The plan approved
PMay 4 2oo7 C2007 04 23
F DATA20453 00IIPleadingDorsey FINAL Appeal to BWSR wpd dvf 4
by the City and of public record included a survey and topographical map the application
included a copy of 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 Ising historical data The Oller provided the TEP PaneJ with a survey and
topographical map submitted to the City of Chanhassen in 1989 and accepted in the public record
as part of an excavation permit for the site It shows the size of the historic wetland on site 1
had been between 0 6 and 0 7 acres The hydric soils in the approximately 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
13 Site 1 has been drain tiled and farmed for more than 23 years prior to 1986 As
a fonner wetland through and including 1986 it would not be type able because it was not a
wetland hi 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 cre te wetlands when the pond was created
PMay 4 2007 C200704 23
F IDAT A20453 00 1 IPleadinglDorseyFINAL Appeallo BWSR wpd dyf 5
14 Even if there had been a wetland at the relevant time period it still would have
been in error to deny the exemption because the land was devoted to exempt agricultural uses
Evidently the panel misconstrued the meaning of the terms crop pasture grass and legumes and
misconstrued the meaning of the subdivision 1 a I exemption
15 Hayland is defmed as an area that was mechanically harvested or that was
planted with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the
last ten years Minn Stat gl03G 005 subd 10 c Minn Rules Part 8420 0110 subp 20
16 Agricultural land is defined as land used for horticultural row close grown
pasture and hayland crops Minn Stat g103G 005 subd 2 a Minn Rules Part 8420 0110
subp 4
17 The statute rules and SONAR support a plain reading ofthe exemption requested
by Dorsey
18 A crop is any plant that is grown in significant quantitiesto be harvested as food
livestock fodder or for another economic purpose Pasture is land with herbaceous vegetation
cover used for grazing of livestock as part of a farm or ranch The key difference between
pasture and crop is that a crop is harvested for use away from the specific location that itis
grownwhereas with pasture an animal grazes and consumes the plant as it is growing A
legume is a plant in the family Fabaceae or Leguminosae or a fruit ofthese plants
Well known legumes include alfalfa clover peas beans lentils lupins and peanuts
19 The record in this case consists of a variety of documents maps and other
submissions to the LGU and TEP as well as approximately one hour of testimony presented to
the panel It appears based upon the decision ofthe panel that this testimony was nQt considered
PMay 4 2007 C2007 04 23
F DATA20453 00JIPleadingDorsey FINAL Appeal to BWSRwpd dvf 6
as a result of the panels erroneous belief that an exemption can only be granted upon conclusiv
photographic evidence
wherefore appellant requests that the decision of the panel requiring a ten year deed
restriction from date of decision be reversed and that the decision of the panel denying
xemptions to two parcels be reversed
Dated May L 2007
RJNRENOONAN kByZt2AL
Gerald W Yon Korff 113232
Attorneys for Rick Dorsey
1015 W St Germain St Ste 300
P O Box 1497
S1 Cloud MN 56302
320 251 6700
PMay 4 2007 C200704 23
F IDATA204S3 OOlPleadinglDorsey FINAL Appeallo BWSR wpd dvf 7
RINKE NOONAN
A T TOR N E Y S A T LAW
SUITE 300 US BANK PLAZA P O Box 1497
1015 W ST GERMAIN STREET
ST CLOUD MINNESOTA 56302 1497
TELEPHONE 320 251 6700 FAX 320 656 3500
EMAIL MAIL@RNOON COM
WWW RNOON COM
RECEIVED
MAY 0 7 Z007
May 4 2007
o YO CITY OF CHANHASSEN
lJ
IIvO 4t r OIyMrJimHaertel
Minnesota Board of Water and Soil Resources
520 Lafayette Road North
St Paul MN 55155
Re Our File No 20453 001
Dear Mr Haertel
Enclosed for filing along with the filing fee of 200 00 is Dorsey Dorsey c o Rick Dorsey s
appeal of the decision of the Local Government Unit City of Chanhassen By this letter I am also
verifying to you that on the same day we have mailed a copy of the Petition for Appeal to the
LGU at the following address
City of Chanhassen
ATTN Lori Haak Water Resources Coordinator
7700 Market Boulevard
P O Box 147
Chanhassen MN 55317
Thank you for your prompt attention to this matter
Sincerely
RINKE NOONAN
By
Gerald W Von Korff
dvf
Enclosures
cc Rick Dorsey w encl
Cit A i
PMay 2 2007 C2007 05 02
FDAT A20453 OOILetters BWSR appeal filing Dorsey wpd dvf
RINKE NOONAN SMOLEY DETER COLOMBO WIANT VON KORFF a HOBBS LTD
0 Michael Noonan
William A Smoley
Kurt A Deter
Barrett L Colombo
James LWiant
Gerald W Van Korff
Sharon G Hobbs
David J Meyers1 2 J 6
John J Meuers
Roger C JustinJ4
John J Babcock
Jill A Adkins
Igor S Lenzner
Gary R Leistico4 5
John C Kolb
Scott G Hamak
Pamela A Steckman
Stefanie L Brown
Tanya T Hinkemeyer
Ryan J Hatton1
Benjamin B Bohnsack3
lim A Sime7
James A Mogen
Nicholas R Delaney4
Chad D Miller
Adam A Ripple
Brodie L Miller
Sarah E Fisher
1 Qua ified neutral under Rule 114 2 A Real Propeny LawSpecialist certifiedby the Minnesota State Bar Association 3 Admitted topracticeJaw in Wisconsin
4 Admitted topractice Jaw In North Dakota 5 Admitted topractice law in South Dakota 6 Sherburne CountyExaminer of Titles 7 Admitted topractice Jawin Arizona
STATE OF MINNESOTA
BOARD OF WATER SOIL RESOURCES
The Matter ofthe Appeal of Dorsey Dorsey
c o Rick Dorsey of the Determination of the
Local Government Unit s Findings and Conclusions
LGU City ofChanhassen
APPEAL OF WETLAND
CONSERVATION ACT
DETERMINATION
TO THE STATE OF MINNESOTA THROUGH ITS BOARD OF WATER SOIL
RESOURCES AGENCY ADMINISTERING THE WETLAND CONSERVATION
ACTION MINNESOTA STATUTES CHAPTER 103G RULES PART 8420
Rick Dorsey for his appeal of the determination of the City of Chanhassen states and
alleges the following
1 Rick Dorsey appeals the determination of the City of Chanhassen under the
Wetland Conservation Act as contained in the April 6 2007 letter and Notice of Wetland
Conservation Act Decision and TEP Findings of Fact by Lori Haak Water Resources
Coordinator City ofChanhassen Exhibit 1
2 The City of Chanhassen is the Local Government Unit LGU implementing the
Wetland Conservation Act in Carver County Minnesota
3 Dorsey s exemption request was heard concurrently with an exemption request by
adjoining landowner Fox The two cases have issues in common
4 The decision is contrary to law arbitrary and capricious and unsupported by
substantial evidence The decision maker applied the wrong standard of proof applying a
standard that required conclusive proof
PMay 4 2007 C2004 1008
F IDATA20453 001PleadinglDorsey FINAL Appeal o BWSR l djck 1
5 Rick Dorsey is a General Partner of Dorsey and Dorsey who is the owner of real
property located in the NW 14 of SW 14 of Section 23 Township 116 Range 23 Carver
County Minnesota Street Address 1551 Lyman Blvd PID 250230400
6 On or about February 5 2007 Rick Dorsey submitted an application for approval
of a wetland project Dorsey applied for an exemption determination for four areas designated as
Sites 1 4 respectively The purpose of the exemption request was to obtain declaratory
determination establishing that the sites were exempt in 1991 and that they remain exempt The
evidence was presented at a meeting lasting approximately one hour The evidence showed that
the sites were already exempt were former wetlands all of which have been drained excavated
and or filled as of passage ofWCA
7 The decision regarding the two areas designated as Site 2 and Site 4 are impacted
by the same legal error The evidence established that prior to 1987 site 2 and 4 met the criteria
for WCA exemption lA Specifically the land was used for row crops 1 Minn Stat
103G 2241 subdivision lA part 1 Further based on available evidence it was determined that
during the time period of 1981 1986 the subject areas showed no sign of a wetland or were of
I With respect to site 2 the drainage drain tile and fill activity occurred prior to 1991
The evidence shows it was annually seeded with crops for the required number of years between
the time period 1981 1991 The LGU agrees to the exemption The exemption occurred at the
time of enactment of the WCA and not at the time of the formal application MN Rule
8420 0210 paragraph 2 An exemption may apply whether or not the local government unit has
made an exemption determination As such an exemption for the work already done in the
wetland was effectively grandfathered in with the WCA when it became effective in 1992
Because it was exempt under Subp lA for work already done a certificate of exemption was not
needed or requested Again in that a certificate was not requested does not mean an exemption
did not apply
PMay 4 2007 C2007 04 23
F IDAT A20453 00JIPleadinglDorseyFINAL Appeal toBWSR wpd dvf 2
type 1 or 2 and if type 2 were less than 2 acres Having found that the sites were exempt at that
time however the LGU incorrectly imposed a ten year deed restriction dating from the time of
the exemption determination rather than from the date of the date of the existence ofthe
exemption itself The decision wrongly assumes that the purpose of an exemption determination
is to authorize a particular activity as of the date of the exemption request Prom this error the
exemption decision determines that the panel should place an agricultural restriction effective
after the date of the exemption determination As a result ofthis error the decision wrongly
concludes that the applicant must restrict his usage of the property for at least ten years after the
date of the decision Exemptions are self executing and the date ofthe exemption
determination is irrelevant for purposes of applying the exemption
8 With respect to Site 3 the evidence showed that a wetland of some kind may
have existed on this site prior to 1981 During that time the area was fenced and used as pasture
for dairy cows The County then in 1981 widened Lyman Boulevard and lawfully used this area
for clean fill arising from the road construction The road project created a new clean swale
along the 20 foot high road embankment In 1981 1982 the site was reseeded and used as
pasture In 1983 after the balance of lowland was filled with soil hauled in from another City
project the south portion of the former wetland was planted in soybeans and the north half
reseeded in pasture grass hay which was mechanically harvested and sold through 1988
Thus at the time WCA was passed there was no wetland and the land would 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
PMay 4 2007 C2007 04 23
F DATA20453 00IIPleadingDorsey FINAL Appeal to BWSR wpd dvf 3
and capricious unlawful and contrary to the evidence Further as discussed below the TEP
Panel and LGU applied the wrong standard in evaluating the evidence
9 With respect to Site 1 the TEP Panel used an on site visit March 22 2007 to
determine the size and type of wetland area to be impacted as the basis for its decision to deny
the exemption request This review was irrelevant as it did not review the status of size and type
prior to 1991
10 In the relevant time period for exemption determination there was no wetland on
site 1 Within the application as well as at the predetermination meeting with the TEP Panel
Dorsey and Ben Meyer a Senior Environmental Consultant with Bonestroo Rosene Anderlik
and Associates representing Dorsey provided detailed information regarding the issue of wetland
size between 1981 and 1989 They showed that the former wetland had been drained and tiled
for over thirty years by the time the WCA was enacted In an aerial photo from 1963 supplied to
the TEP Panel in the application one can see the Y shape shadow line on the land including the
site area
11 Minn Stat sl03G 2241 subd 1 a 1 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
12 The site was excavated and wetland soil types were removed in 1989 with
approval from the City of Chanhassen for reasons described in detain in the application The
excavation was done to make a man made surface water management pond The plan approved
PMay 4 2007 C200704 23
F IDATA20453 001PleadinglDorsey FINAL Appeal to BWSR1d dvf 4
by the City and of public record included a survey and topographical map the application
included a copy of said documents which surveyed the former wetland area in site 1 At that
time the high water ponding area from the incidental pond starting to form as a result ofa
blocked ditch discussed in the application Scaling it out the size is less than 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 data The Owner provided the TEP Panel with a survey and
topographical map submitted to the City of Chanhassen in 1989 and accepted in the public record
as part of an excavation permit for the site It shows the size of the historic wetland on site 1
had been between 0 6 and 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
13 Site 1 has been drain tiled and farmed for more than 23 years prior to 1986 As
a former wetland through and including 1986 it would not be type able because it was not a
wetland In 1987 1988 when water started to puddle into the growing season it was incidental
to ditch blockage on neighboring property Any wet ground on the site today is not a natural
wetland it is a man made storm pond that is now overflowing without an emergency overflow
The increase in the storm pond size since 1989 is due to surface water drainage blocked on
neighboring property and seepage ofthe storm pond saturating a buffer area Neither of which
was intended to create wetlands when the pond was created
PMay 4 2007C2007 04 23
F IDAT A20453 00IIPleadinglDorsey FINAL Appeal to BWSR wpd dvf 5
14 Even if there had been a wetland at the relevant time period it still would have
been in error to deny the exemption because the land was devoted to exempt agricultural uses
Evidently the panel misconstrued the meaning ofthe terms crop pasture grass and legumes and
misconstrued the meaning of the subdivision 1 a 1 exemption
15 Hayland is defined as an area that was mechanically harvested or that was
planted with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the
last ten years Minn Stat s103G 005 subd 10 c Minn Rules Part 8420 0110 subp 20
16 Agricultural land is defined as land used for horticultural row close grown
pasture and hayland crops Minn Stat sl03G 005 subd 2 a Minn Rules Part 8420 0110
subp 4
17 The statute rules and SONAR support a plain reading of the exemption requested
by Dorsey
18 A crop is any plant that is grown in significant quantities to be harvested as food
livestock fodder or for another economic purpose Pasture is land with herbaceous vegetation
cover used for grazing of livestock as part of a farm or ranch The key difference between
pasture and crop is that a crop is harvested for use away from the specific location that it is
grown whereas with pasture an animal grazes and consumes the plant as it is growing A
legume is a plant in the family Fabaceae or Leguminosae or a fruit of these plants
Well known legumes include alfalfa clover peas beans lentils lupins and peanuts
19 The record in this case consists of a variety of documents maps and other
submissions to the LGU and TEP as well as approximately one hour of testimony presented to
the panel It appears based upon the decision of the panel that this testimony was not considered
PMay 4 2007 C2007 04 23
F IDATA20453 00IIPleadinglDorsey FINAL Appeallo BWSR wpd dvf 6
r J
as a result of the panel s erroneous belief that an exemption can only be granted upon conclusive
photographic evidence
Wherefore appellant requests that the decision of the panel requiring a ten year deed
restriction from date of decision be reversed and that the decision of the panel denying
exemptions to two parcels be reversed
Dated May L 2007
RINKE NOONAN kByIkZ
Gerald W Von Korff 113232
Attorneys for Rick Dorsey
1015 W St Germain St Ste 300
P O Box 1497
St Cloud MN 56302
320 251 6700
PMay 4 2007 C2007 04 23
F IDATA20453 00IIPleadinglDorsey FINAL Appeallo BWSR wpd dvf 7
Minnesota Wetland Conservation Act
Notice of Wetland Conservation Act Decision
Name and Address of Local Government Unit City of Chanhassen 7700 Market Boulevard
P O Box 147 Chanhassen MN 55317
Name of Applicant Dorsey Dorsey Project Name Dorsey Wetland Exemption
Application Number n a
Type of Application check one lZl Exemption Decision
o No Loss Decision
o Replacement Plan Decision
o Banking Plan Decision
o Wetland Type Boundary Decision
Date of Decision April 6 2007
Check One lZl Approved Sites 2 and 4
o Approved with conditions
lZl Denied Sites 1 and 3
Summary of ProjectDecision indicate exemption number per MN Rule 8420 0122 if applicable 1A
The applicant requested exemptions for Sites 1 4 on the property in the NW 14 of the SW 14 of Section
23 Township 116N Range 23W in Carver County Minnesota
Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of
Chanhassen denies the exemption requests for Sites 1 and 3
Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of
Chanhassen approves the exemPtion requests for Sites 2 and 4
List of Addressees
Landowner
Dorsey Dorsey c o Rick Dorsey 14215 Greenview Court Eden Prairie MN 55346
Members of Technical Evaluation Panel
Greg Graczyk Carver SWCD
Brad Wozney BWSR
Watershed Distl1ct or Watershed Management Organization If Applicable
Bob Obermeyer RPBCWD
EXHIBIT f i
Page lof2
Department of Natural Resources Regional Office select ap ro riate office
NW Region NE Region Central Region Southern Region
Regional Director Reg Env Assess Eco Reg Env Assess Eco Reg Env Assess Eco
2115 Birchmont Beach Rd NE Div EcoServices Div EcoServices Div EcoServices
Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South
Grand Rapids MN 55744 St Paul MN 55106 New Ulm MN 56073
DNR Representative
Kate Drewry Area Hydrologist
Corp of Engineers Project Manager
Joe Yanta ACOE
Department of the Army Corps of Engineers St Paul District
ATTN CO R 190 Fifth Street East
St Paul MN 55101 1638
Individual members of the public who requested a copy summary only
Ben Meyer Bonestroo
Jeff Fox
You are hereby notified that the decision of the Local Government Unit on the above
referenced application was made on the date stated above A copy of the Local Govemment
Unit s Findings and Conclusions is attached Pursuant to Minn R 8420 0250 any appeal of the
decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water
and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice
THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act Additional approvals or
permits from local state andfederal agencies may be required Check with all appropriate authorities
before commencing work in or near wetlands
April 6 2007
Date
Lori Haak Water Resources Coordinator
Name and Title
Attachments
1 Technical Evaluation Panel Findings of Fact dated April 6 2007
Page 2 of2
I I l
l
Mihnesota Wetland Conservation Act
Technical Evaluation Panel Findings of Fact
1
I 1 J
1
Date April 6 2007 LGU City ofChanhassen
County Carver LGU Contact Lori Haak Water Resources Coordinator
Project Name Dorsev Wetland Exemption Phone 952 227 1135
Location of Project NW 23 116N 23W
14 14 14 Sec Twp Range LotBlock
City Chanhassen County Carver
TEP Members and others who reviewed project Check if viewed project site
LGU Lori Haak BWSR Brad Wozney
SWCD Greg Graczyk D DNR ifapplicable
Other Wetland Experts present None
TEP requested by LGU
1 Type of TEP determination requested check those that apply
Exemption WCA Exemption JA
Wetland Boundary and Type
No Loss
Replacement Plan
2 Description ofWetland s with proposed impact see attached
a Wetland Type Circular 39 Cowardin
b Wetland Size
c Size of Proposed Impact acres and square feet 3 52 acres 153 331 sf
3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information
D Yes D No if no list why nla
4 Is the project consistent with the intent of the comprehensive local water plan and or the watershed district plan the
metropolitan surface water management plan and metropolitan groundwater management plan and local comprehensive
plan and zoning ordinance DYes D No if no list why nla
5 How will the project affect the following wetland functions
Functions Impact
Floodwater Storage
Nutrient Assimilation
Sediment Entrapment
Groundwater Recharge
Low Flow Augmentation
AestheticsIRecreation
Shoreland Anchoring
Wildlife Habitat
Fisheries Habitat
Rare PlantAnimal Habitat
Commercial Uses
nla
No Impact Improve
6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level
DYes D No if no list why nla
7 Does Technical Evaluation Panel recommend approval of the activity proposed in item I see attached
DYes D Yes with Conditions D No if no list why
If no why
8 List TEP findings to support recommendation in question 7 above see attached
9 SIGNATURES ifTEP recommendation is 1ot a COlSenSlIS lote with all asterisk and exolain 01 tllback of this page
SWCD Re rese tativ
Xtc
v GU Representative
Date BW AdJ h Vr1
5flClJJ res
v I OVJr
I
r1Fvvv
tel
DNF
Page I of
e
Dorsey TE Findings of Factdoc
Dorsey Wetland Exemption
TEP Findings of Fact
April 6 2007
Attachment
2 Description of Wetland s with proposed impact
Site 1 Type 3 with a Type 2 fringe 2 0 acres on subject property 3 3 acres total
Site 2 Type 1 0 96 acres
Site 3 Type 2 0 39 acres
Site 4 Type 2 0 17 acres on subject propelty 1 34 acres total
7 Does the Technical Evaluation Panel recommend Approval of Activity proposed
in item I
Site 1 No
Site 2 Yes
Site 3 No
Site 4 Yes
8 List TEP findings to support recommendation in question 7 above
TEP members from the LGU and the Carver SWCD conducted an on site review
on March 22 2007
Site 1 The aerial photographs from 1981 to 1986 show a change in the cropping
pattern around the apparent wetland edge that do not support the argument that
the area was planted with annually seeded crops or was in a crop rotation seeding
of pasture grass or legumes in six of the last ten years prior to January 1 1991
Additionally the affidavit supplied by the landowner signed March 19 2007
states that Site 1 was in hayland and was mechanically harvested in the years
1981 1986 This is not an annually seeded crop or a rotation of pasture grass or
legumes Also a portion of this wetland is not Type 1 or Type 2 wetland
Site 2 The aerial photographs from 1981 to 1986 show that the area was
annually seeded with crops Additionally the affidavit supplied by the landowner
signed March 19 2007 supports this finding
Site 3 The affidavit supplied by the landowner signed March 19 2007 states
that Site 3 was pasture and soybeans in the years 1981 1986 However the
aerial photographs from 1983 1984 1985 and 1990 show changes in vegetation
management around the apparent wetland edge that do not support the argument
that the area was planted with annually seeded crops or was in a crop rotation
seeding of pasture grass or legumes in six of the last ten years plior to January 1
1991 Several of the photos 1981 1988 are not clear enough to draw
conclusions regarding the crop history in and around Site 3 Therefore it cannot
be conclusively determined that that the area was planted with annually seeded
crops or was in a crop rotation seeding of pasture grass or legumes in six of the
last ten years prior to January 1 1991
Site 4 The affidavit supplied by the landowner signed March 19 2007 states
that Site 4 was planted in row crops of sweet com and soybeans in the years
1981 1986 The aerial photographs from 1981 to 1991 show that Site 4 was
planted in row crops six of ten years prior to 1991
All exempt wetlands will be subject to the 10 year deed recording requirements
set forth in MR 8420 0115
A TTACHMENTS
1 Aelial photographs 1981 through 1986
2 Affidavit of landowner signed March 19 2007
March 12 2007
City of Chanhassen
Attn Lori Haak
7700 Market Boulevard
P O Box 147
Chanhassen MN 55317
Re Dorsey WCA Ag Exemption Application
Ms Haak
Enclosed are the FSA aerial photos from 1981 to 1986 that pertain to the WCA Agricultural Exemption for
the Dorsey property These photos are provided as a supplement to the original application and provide
documentation as outlined in Minnesota Rule 8420 0122 Subpart 1 A
Please feel free to contact me at 651 604 4767 or ben meyer@bonestroo com if you have any questions
regarding these supplemental materials
Sincerely
Benjamin L Meyer
Certified Wetland Delineator
Sr Wetland Scientist
Cc Rick Dorsey
Greg Graczyk Carver SWCD
Brad Wozney BWSR
2335 Highway 36 W
SI Paul MN 55113
Tel 651 636 4600
Fax 651 636 1311
www bonestroo com
Bonestroo
WETLAND SITE REVIEW 1981 FIGURE 1 la
1
Bonestroo
I 102L mj DWf VV0 t I nrll Review rlVJr 1901 FSA AERIAL PHOTO MAf CH 1 7 2007
f ICK DOf SEY
AGRICULTURAL EXEMPTION
WETLAND SITE REVIEW 1982 FIGURE 2 I1y
Bonestroo
1 2 207024 Cod Dwg Wetlond Review dwg 1982 FSA AERIAL PHOTO
s
MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
WETLAND SITE REVIEW 1983 FIGURE 3
Bonestroo
1 2 207024 Cad Dwg Wetland Review dwg 1983 FSA AERIAL PHOTO
s
MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
WETLAND SITE REVIEW 1984 FIGURE 4 t
Bonestroo
I 2 707024 Cad Dwg Wetland Review dwg 1984 FSA AERtAL PHOTO MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
WETLAND SITE REVIEW 1985 FIGURE 5
Bonestroo
I 2 207024 Cad Dwg Wetland Review dwg 1955 FSA AERIAL PHOTO
s
MARCH 1 2 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
WETLAND SITE REVIEW 1986 FIGURE 6
Bonestroo
I 2 207024 Cad Dwg Wetland Review dwg 1986 FSA AERIAL PHOTO
s
MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
Mi1h esota Wetland Conservation Act
Affidavit I Exemption Evidence for Local Government Units
I do hereby certi fy that the olloyving statement of evidence or activity is tme and may be used as evidence to support
qualification for VCA exemptions The LOU may require additional affidavits or verification evidence before
making an exemption determination
Proiect Location
116 23 W Carver County
CountiCil flou Block SubdlVISlon i
Nw1l40f Sw1l4 23
GoLO I Quarter Secrion Section Township No Range No
Exemption
DESCRIPTION or EVIDENCE fOR EXEMPTION
Dorsey and Dorsey is the owner 0 f the agricultural land including the areas listed below since 1979
Site 1 was in hayland and was mechanically harvested in the years 1981 1986
Site 2 was planted in row crops of sweet corn green beans and soy beans in the years 1981 1986
Site 3 was pasture and soybeans in the years 1981 1986
Site 4 was planted in row crops of sweet com and soybeans in the years 1981 1986
On penalty of perjury r hereby swear under oath that the information above made for the purpose of documenting
qualificatiorljor an exemption from the WCA is true to the best of my knowledge
1 1 r March 1 2007 469569752
S 0 S 1ST19naturc11J1LjlTItateOClaecNo
i t 1 11
ACKNO VLEDGE1VIENT
The foregoing instrument was subscribed and sworn to before me on
114ti day month 2ML year by l Ckuf 7 U
p I Of2 NiIc
BWSR oem we A E pti 4 E mptioAfnd iti tamm I01d pdt 2003
lCNotar Stamp or Seal
Page 2 of2
BWSRJorm WCA Exemption 4 Exemption Affidavit ApriI200J
J lIc 6U1il 1 2001 Leu CilofCh mh lsscl1
CI I11ty CilIver L CiLJ C l t ici l C1ri Hcl l W lIer f sollrn s Cn ndlll lIcl
1 ll1JCCi Namdll olscv WCII IIle cll1jJlioll I hum ii 952 227 11 5
oc ttiun l 1 I ruict NW SW 2 16N
1 Sce T wp
City Chanhasscn County Carver
np rVkmberandothcrs hn I cvieweJ projcct Chcd if ilWCd projecl site
LGU Lori Hc BWSR 13rad VUl l1cV
o SWCD in Gr J zvl 0 DNR nf IJ lilahk
Oiher Wetland Experb prc cnt Nonc
I J P requesled by LGU
2 W
l ngc L oll3locl
I Yllc II TI f dctcrmin liipl1 rcqucskd Iw klll tillil
vemptioll WCA cmplil n tJi
VtL l1d Buund llS tnd T C
NII L
F CpCCJ1lClll Pian
2 I SCllptioll ill Wc lll1lllrs ill1 prlp sc im cl SCLl 11 11 1
a WCtl ll1d Typc leilelllarl iCow lrdin
b Wctl lvJ Size
c Si7c ul Propused Impact aL le and SqUillcell J 52 acrcs 15J n l sl l
I Llvc eCjl1eil ing requirements hCe111l1CI Uach Seqllcncing Finding oj hCI IS uPI lIting in0rl11 llIOn
o Ycs 0 Nil il 1111 liSI hy n a
1 I Illc prlljclt CIH1 iSlL 111 ith lh inlell ulthc ulInpl hensicIm ill wlrlel plan aml r Ihe lclshcd distlil t p11l11 11
111tfl l lllilall sw tice walcl m ln gCl1lelll plan lmlnICi I J l11 1I1 glllllllt iller 111 IIWgeIl1Cllt plall iI1d loci L omp hL il il
pl 11l and lining lIdini1ncc DyeD NIJ if no lisl wh nh
5 How willihe project atTect the following weiland unctions Ill
Functions Impact No Impact
Ploodwatcr Sll1rage
NllIricnt Assimilation
Sediment Entrapment
GmunrJwatrRchalge
Low FloAugmel1lalil1n
ASI hCI ics l ccreal ion
ShIHeLt nd nchmi ng
Wildllk Habilat
Fishics Habi at
Improvc
R lr P iiit Al1iniUl rlJ tlH
Cll1m rci d Uses
6 for Ic plllcel11cnt plan or 1m Ius dctenninalilJnIllwlllaml functions maintained at In cquallll gr ater levelDYes0Noiln1lislwhyl1a
7 llC r hi1iCilI v 1I11tli I1I 1I1cl eCllllill1CIlO ilp1I 1I lIthe ilclivily 111i scd inllcll1 I ee ltI lchedoYcs0YcIlhCOlidllillls0lhIillll1liSwhy
11 1111 11
S List rl p lindingtosupport rccommem alilJl1 111 qllcsril n 7 above see lif1c Jeo
C
l l Rllfl cnl nivc IDale
lH I f1 I it1llllt ol wl th c
lg l Ilf I
lri l nJ
CITY OF
CHANHASSEN
1700 Markei 80ule3 d
PO 80x 147
Crianhassen illN 55317
Administration
Phone 952 2271100
Fax 952227 1110
Building Inspections
Pllone 952 227 1180
Fax 952227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Cenler
2310 Cau Iler Boulevard
Phone 952 227 1 100
Fax 952 2271401
Planning
Natural Resources
Phone 952 227 1130
Fax 952227 1110
PuiJlic Works
591 P3r Road
hOfi2 952 227 130C
ax 9522271310
Senior Center
Pi1Je 952 2271 2S
ax 2271
Web Site
The CilV al Clianhassen
April 6 2007
Dorsey Dorsey
c o Rick Dorsey
14215 Greemiew Court
Eden Prairie MN 55346
Re Wetland Exemption Application
Dear Mr Dorsey
Enclosed please rind the City s decision as LGU for the Minnesota Wetland
Conservation Act regarding your recent wetland exemption application
Please bear in mind that the proposed activity must comply with provisions of
the Chanhassen City Code and the Minnesota Wetland Conservation Act as
well as the regulations of any other applicable jurisdictions Specifically
I A permit from the City of Chanhassen must be obtained for all
excavating mining filling and grading operations in excess of 50
cubic yards Pell11its for excavating mining filling and grading more
than 50 cubic yards but less than 1 000 cubic yards of material in a
12 month period are processed administratively Permits for
excavating mining filling and grading of 1 000 cubic yards of
material or more in a 12 month period are processed in the same
manner as an interim use permit and require approval by the
Chanhassen Planning Commission and City Council
2 This exemption is subject to the 10 year deed recording requirement in
MR 8420 0115 A document meeting the minimum requirements of
MR 8420 0115 enclosed must be provided to the City for its review
and approval prior to recording The document must be recorded with
Carver County prior to commencing the exempt activity
Additionally a copy of the recorded document should be submitted to
the City at least two business days prior to commencing the exempt
activity
3 This activity mayor may not be considere d exempt by the U S Army
Corps of Engineers The applicant should acquire all necessary
approvals from the Anny Corps of Engineers prior to commencing the
proposed acti vi ty
4 The activity must comply with Section 20416 of Chanhassen City
Code regarding ovetland exemptions enclosed
J 1l U J t T 2 i
S The activity especially the activity proposed on Site 4 should not modify existing
hydrology on adjacent properties
If you have any questions or need additional information please contact me at 952 227
1135 or Ihaal @ci chanhasscn lnnLls
Sincerely
1
Lori Baak
Water Resources COOl di nator
Enclosures
cc Ben Meyer Bonestroo
Greg Graczyk Carver SWCD
Brad Wozney BWSR
g eng lori wctlands exemptions dorsey cover letter doc
r
Min Il SO t 1 R p ks T illIf9 b lpt crs
Tahle of C llt Dts Im Cb lpl1 8420
8420 0115 SCOPE OF EXEMPTION STANDARDS
Persons proposing to conduct an exempt activity are
encouraged to contact the local government unit or the local
government unit s designee for advice on determining whether a
proposed project is eligible for an exemption and to evaluate
alternatives to avoid or minimize wetland impacts
An activity is exempt if it qualifies for anyone of the
exemptions even though it may be indicated as not exempt under
another exemption
These exemptions do not apply to calcareous fens as
identified by the commissioner
No exemptions apply to wetlands that have been previously
restored or created as a result of an approved replacement
plan All such wetlands are subject to replacement on
subsequent drainage excavation or filling
Wetlands may not be partially drained excavated or filled
in order to claim an exemption or no loss determination on the
remainder Therefore no exemptions or no loss determinations
can be applied to the remaining wetland that would not have been
applicable before the impact Exemptions may not be combined on
a wetland that is impacted by a project
Present and future owners of wetlands drained or filled
without replacement under an exemption in part 2 0l22
subparts 1 and 2 item B can make no use of the wetland area
after it is drained excavated or filled other than as
gricultural land for ten years after the draining excavating
or fil nless it is first re laced under the requirements
o Minnesota Statutes section lQl 222 Also for ten years
the wetland may not be restored for replacement credit Except
for land in public ownership at the time of draining
excavation or filling the landowner shall record a notice of
these restrictions in the office of the county recorder for the
county in which the project is located At a minimum the
recorded document must contain the name or names of the
lando mers a legal description of the property to which the
restrictions apply a statement of the restrictions the date on
which the ten year period expires the name of the local
government which certified the exemption if such occurred the
signatures of all owners and an acknowledgment
A person conducting an activity in a wetland under an
exemption in part f34 O 0121 shall ensure that
A appropriate erosion control measures are taken to
prevent sedimentation of the water
B the activity does not block fish activity in a
watercourse and
httpo ww n visor leg state mn lls arlllc 8420 011htm 4 4 2UU7
C the activitY is conducted in COHlpliance with all
uther applicable federal state and local requirements
including best management practices as listed in part j20 Ol12
and water resource protection requirements established under
Minnesota Statutes chapter 103H
STAT AUTH MS s 14Jl lQJB 10l LQ 33SS 103G
HIST 18 SR 274 22 SR 1877 25 SR 152 27 SR 135
Current as of 06 15 06
httpwvvw revisor leg state mn us arule 8420 01 html 1 1 2007
Sec 20 416 Exemptions
Activities exempted by Minnesota Rules 8420 0122 shall be exempted from the provisions of
this ordinance However certificates of exemption must be obtained from the city prior to starting work
A person conducting an activity in a wetland under an exemption in part 8420 0122 shall ensure
that
a Appropriate erosion control measures are taken to prevent sedimentation of the
water
b The activity does not block fish activity in a watercourse and
c The activity is conducted in compliance with all other applicable federal state and
local requirements including best management practices as listed in part 8420 0112
and water resource protection requirements established under M S ch 103H
Ord No 180 1 12 14 92 Ord No 202 9 4 25 94 Ord No 377 48 5 24 04
h tlp 1I j brary2 municodecom mcc Doc Viewl 140481 1 1 41 135 4 4 2007
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952227 1170
Finance
Phone 952 227 1140
Fax 952227 1110
Park Recreation
Phone 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 2271300
Fax 952227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www cl chanhassen mn us
To Greg Graczyk Carver SWCD
Brad Wozney BWSR
Bob Obermeyer RPBCWD
Kate Drewry D NR
Joe Yanta COE
Mike North DNR
Rick Dorsey Dorsey Dorsey
Fox Properties LP
Jeff and Terri Fox
Ben Meyer Bonestroo I
Loli Haak City of Chanhassen 9AJFrom
Date April 12 2007
Re Dorsey Fox and Fox LP Exemptions
As you may recall the City of Chanhassen s decisions regarding the above
exemptions included Technical Evaluation Panel Findings of Fact that were
signed only by me Enclosed please find signed copies of the Technical
Evaluation Panel Findings of Fact for the Dorsey Fox and Fox LP Wetland
Exemptions signed by all 3 TEP members Please keep these in your files for
future reference
The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play
Minnesota Wetland Conservation Act
T chnical Eval ation Panel Findings of Fact
l W I
Dal pIi16 20D LCiU City ofChanlwssen
Coullty Carvcr l GLI Contncl Lori Haak Wner Resources Coordinator
Project Namdt orscv WeIland Exemption Phone If 952 127 1135
Lm ation ol Projeel NW 23 116N
11 14 V See Twp
City Chanhasscll Coullty Carver
rEI Members and others who reviewed lmjecI Check If 11 plqicCI site
8J LGU Lori Haak 8J 13WSR l3rud Wozney
8J SWCD GreGraczyk D DNR Ii arrliL1 blc
Other Wethmd Expcrts present None
I EP rcqucsled by LOU
23W
R mge lOlB lock
I ypc of 1 L P dcterminalilln rcqllcslcd IWI k 11 1111 I I II
i emption WeA Exemplion tEl
Wetland BUlIndary ami J ypc
Nn LIISS
Replacemcnl Plan
2 I SI I i IOII ol Velluml s IIilh prujJ lscd impact sc I1 ehcd
a Wetland Type Circular 39 Colrdinl
b Vctland Size
c Size o Proposed Impm t I le and squale Ieet 3 52 acres 15 tJ 1 Sll
Have scqllem ing requirements hCl n met Attach Sequcncing Finding of Facl as SlIpp llting information
D Ycs D Nil if 111 list wl1v n a
t Is the pIlIjClt consistent ill1 the intent III the llll11prl hlnsivc lllcal water plan and or the watcr hed disuicl plan the
I11clmJl 1 itan sur t telwatel managemcnt plan alllllllIIllJI 1 i 1 111 gn lundwalclll1anagl melH plan and local compll hcnsi Ie
plan and wning ordinanclDYes 0 No if no lislwhy n a
5 How willlhc project affect the following wetland unctions
Funcliolls Impact
Floodwater Storage
Nutrient Assimilation
Sediment Entrapment
Groundwater Rceh lI gc
Low Flow Augmentation
AeSlhel icsHccreali Il
Shor eland im holing
Wlldhk Habiwl
Fishel ies Habitat
Rare Plant Animal H lbitnt
Commercial Uses
n a
No Impact Impnlle
6 For rcpl lceJl1cnt llan or no loss determinations an wetland functions maintnined at nn equal 01 greater leyeP
DYes D No if no list why n a
7 Docs T chnicill Evaluation Panel recoll1lllcnd lplmval of the activity plOposcd in item U see Illaehed
DYes 0 Yes I ilh Condition0Nll il n list why
II Ill 111
8 L ist TEl findings to support rcommcndalion in question 7 above see aunched
9
I IltINHJq1cscltic
P lgl I nr I
I hlll fEP f il1lJill Ill 1 11 doc I l lil 1I11 1
Minnesota Wetland Conservation Act
Technical Evaluation Panel Findings of Fact
Date April 6 2007 LGU City of Chanhassen
County Caryer LGU ContactLori Haak Water Resources Coordinator
Project Name Dorsey Wetland Exemption Phone 952 227 1135
Location of Project NW 23 116N 23W
14 14 14 Sec Twp Range LotBlock
City Chanhassen County Carver
TEP Members and others who reviewed project Check if viewed project site
LGU Lori Haak BWSR Brad WOzney
SWCD Greg Graczyk D DNR if applicable
Other Wetland Experts present None
TEP requested by LGU
1 Type of TEP determination requested check those that apply
Exemption WCA Exemption lA
Wetland Boundary and Type
No Loss
Replacement Plan
2 Description ofWetland s with proposed impact see attached
a Wetland Type Circular 39 Cowardin
b Wetland Size
c Size of Proposed Impact acres and square feet 3 52 acres 153 331 sf
3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information
DYes D No if no list why na
4 Is the project consistent with the intent of the comprehensive local water plan and or the watershed district plan the
metropolitan surface water management plan and metropolitan groundwater management plan and local comprehensive
plan and zoning ordinance DYes D No if no list why n a
5 How will the project affect the following wetland functions
Functions Impact
Floodwater Storage
Nutrient Assimilation
Sediment Entrapment
Groundwater Recharge
Low Flow Augmentation
Aesthetics Recreation
Shore land Anchoring
Wildlife Habitat
Fisheries Habitat
Rare PlantAnimal Habitat
Commercial Uses
na
No Impact Improve
6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level
DYes D No if no list why na
7 Does Technical Evaluation Panel recommend approval of the activity proposed in item I see attached
DYes DYes with Conditions D No if no list why
If no why
8 List TEP findings to support recommendation in question 7 above see attached
9 SIGNATURES ifTEP recommendation is not a consensus note with an asterisk and explain on the back of this page
BWSR Representative Date
DNR Representative
Page 1 of 1
Date
Dorsey TEP Findings of Factdoe April 2003
Dorsey Wetland Exenlption
TEP Findings of Fact
April 6 2007
Attachment
2 Description of Wetland s with proposed impact
Site 1 Type 3 with a Type 2 fringe 2 0 acres on subject property 33 acres total
Site 2 Type 1 0 96 acres
Site 3 Type 2 0 39 acres
Site 4 Type 2 0 17 acres on subject property 134 acres total
7 Does the Technical Evaluation Panel recommend Approval of Activity proposed
in item 1
Site 1 No
Site 2 Yes
Site 3 No
Site 4 Yes
8 List TEP findings to support recommendation in question 7 above
TEP members from the LGU and the Carver SWCD conducted an on site review
on March 22 2007
Site 1 The aerial photographs from 1981 to 1986 show a change in the cropping
pattern around the apparent wetland edge that do not support the argument that
the area was planted with annually seeded crops or was in a crop rotation seeding
of pasture grass or legumes in six of the last ten years prior to January 1 1991
Additionally thc affidavit supplied by the landowner signed March 19 2007
states that Site 1 was in hayland and was mechanically harvested in the years
1981 1986 This is not an annually seeded crop or a rotation of pasture grass or
legumes Also a portion of this wetland is not Type 1 or Type 2 wetland
Site 2 The aerial photographs from 1981 to 1986 show that the area was
annually seeded with crops Additionally the affidavit supplied by the landowner
signed March 19 2007 supports this finding
Site 3 The affidavit supplied by the landowner signed March 19 2007 states
that Site 3 was pasture and soybeans in the years 1981 1986 However the
aerial photographs from 1983 1984 1985 and 1990 show changes in vegetation
management around the apparent wetland edge that do not support the argument
that the area was planted with annually seeded crops or was in a crop rotation
seeding of pasture grass or legumes in six of the last ten years prior to January 1
1991 Several of the photos 1981 1988 are not clear enough to draw
conclusions regarding the crop history in and around Site 3 Therefore it cannot
be conclusively determined that that the area was planted with annually seeded
crops or was in a crop rotation seeding of pasture grass or legumes in six of the
last ten years prior to January 1 1991
Site 4 The affidavit supplied by the landowner signed March 19 2007 states
that Site 4 was planted in row crops of sweet com and soybeans in the years
1981 1986 The aerial photographs from 1981 to 1991 show that Site 4 was
planted in row crops six of ten years prior to 1991
All exempt wetlands will be subject to the 10 year deed recording requirements
set forth in MR 8420 0115
A TTACHMENTS
1 Aerial photographs 1981 through 1986
2 Affidavit of landowner signed March 19 2007
Minnesota Wetland Conservation Act
Certificate of Mailing of Notice of Wetland Conservation Act Decision
Name and address of local govemment unit City of Chanhassen 7700 Market Boulevard P O
Box 147 Chanhassen MN 55317
The undersigned certifies on April 6 2007 Lori Haak
he she mailed copies of the attached Notice of Wetland Conservation Act Decision to the
addressees listed thereon by depositing the same in the United States Mail in the City of
Chanhassen County of Carver
and State of Minnesota properly enveloped with prepaid first class postage
t30JPSignature
April 6 2007
Date
Water Resources Coordinator
Title
Page I of I
Dorsey Cerl Mail Notice Decision doc April 2003
Minnesota Wetland Conservation Act
Notice of Wetland Conservation Act Decision
Name and Address of Local Government Unit City of Chanhassen 7700 Market Boulevard
P O Box 147 Chanhassen MN 55317
Name of Applicant Dorsey Dorsey Project Name Dorsey Wetland Exemption
Application Number n a
Type of Application check one 2J Exemption Decision
o No Loss Decision
o Replacement Plan Decision
D Banking Plan Decision
o Wetland TypeBoundary Decision
Date of Decision April 6 2007
Check One 8J Approved Sites 2 and 4
o Approved with conditions
8J Denied Sites 1 and 3
Suinmary of ProjecUDecision indicate exemption number per MN Rule 8420 0122 if applicable 1A
The applicant requested exemptions for Sites 1 4 on the property in the NW of the SW 14 of Section
23 Township 116N Range 23W in Carver County Minnesota
Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of
Chanhassen denies the exemption requests for Sites 1 and 3
Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of
Chanhassen approves the exemption requests for Sites 2 and 4
List of Addressees
Landowner
Dorsey Dorsey c o Rick Dorsey 14215 Greenview Court Eden Prairie MN 55346
Members of Technical Evaluation Panel
Greg Graczyk Carver SWCD
Brad Wozney BWSR
Watershed District or Watershed Management Organization If Applicable
Bob Obermeyer RPBCWD
Page I of2
Department of Natural Resources Regional Office select appro riate office
NW Region NE Region Central Region Southern Region
Regional Director Reg Env Assess Ecol Reg Env Assess Eco Reg Env Assess Ecol
2115 Birchmont Beach Rd NE Div Ecol Services Div Ecol Services Div Ecol Services
Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South
Grand Rapids MN 55744 St Paul MN 55106 New DIm MN 56073
DNR Representative
Kate Drewry Area Hydrologist
Corp of Engineers Project Manager
Joe Yanta ACOE
Department of the Army Corps of Engineers St Paul District
ATTN CO R 190 Fifth Street East
St Paul MN 55101 1638
Individual members of the public who requested a copy summary only
Ben Meyer Bonestroo
Jeff Fox
You are hereby notified that the decision of the Local Government Unit on the above
referenced application was made on the date stated above A copy of the Local Government
Unit s Findings and Conclusions is attached Pursuant to Minn R 8420 0250 any appeal of the
decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water
and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice
THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act Additional approvals or
permits from local state andfederal agencies may be requ ired Check with all appropriate au thorities
before commencing work in or near wetlands
LOCALGO
April 6 2007
Date
Lori Haak Water Resources Coordinator
Name and Title
Attachments
1 Technical Evaluation Panel Findings of Fact dated April 6 2007
Page 2 of2
Minnesota Wetland Conservation Act
Technical Evaluation Panel Findings of Fact
Date April 6 2007 LGU City of Chanhassen
County Carver LGU Contact Lori Haak Water Resources Coordinator
Project Name Dorsev Wetland Exemption Phone 952 227 1135
Location of Project NW SW 23 116N 23W
14 Sec Twp Range LotfBlock
City Chanhassen County Carver
TEP Members and others who reviewed project Check if viewed project site
8J LGU Lori Haak lZl BWSR Brad Wozney
8J SWCD Greg Graczyk 0 DNR ifaRplicable
Other WetIand Experts present None
TEP requested by LGU
1 Type of TEP determination requested check those that apply
Exemption WCA Exemption lA
Wetland Boundary and Type
No Loss
Replacement Plan
2 Description ofWetland s with proposed impact see attached
a Wetland Type Circular 39 Cowardin
b Wetland Size
c Size of Proposed Impact acres and square feet 352 acres 153331 sf
3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information
DYes 0 No if no list why nfa
4 Is the project consistent with the intent of the comprehensive local water plan and or the watershed district plan the
metropolitan surface water management plan and metropolitan groundwater management plan and local comprehensive
plan and zoning ordinance DYes D No if no list why nfa
5 How will the project affect the following wetland functions
Functions Impact
Floodwater Storage
Nutrient Assimilation
Sediment Entrapment
Groundwater Recharge
Low Flow Augmentation
AestheticsRecreation
Shoreland Anchoring
Wildlife Habitat
Fisheries Habitat
Rare PlantAnimal Habitat
Commercial Uses
nfa
No Impact Improve
6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level
DYes 0 No if no list why nfa
7 Does Technical Evaluation Panel recommend approval of the activity proposed in item I see attached
DYes 0 Yes with Conditions 0 No if no list why
If no why
8 List TEP findings to support recommendation in question 7 above see attached
9 SIGNATURES ifTEP recommendation is not a consensus note with an asterisk and exvlain on the back ofthis page
liiEGURepresentative
Date
16 07ate
BW AdJi h Vl te
3r cLtu res e
iDQn 11 0 v0
d
DNF
Page 1 of
Dorsey TEP Findings of FacLdoc
Dorsey Wetland Exemption
TEP Findings of Fact
April 6 2007
Attachment
2 Description of Wetland s with proposed impact
Site 1 Type 3 with a Type 2 fringe 2 0 acres on subject property 33 acres total
Site 2 Type 1 0 96 acres
Site 3 Type 2 0 39 acres
Site 4 Type 2 0 17 acres on subject property 1 34 acres total
7 Does the Technical Evaluation Panel recommend Approval of Activity proposed
in item 1
Site 1 No
Site 2 Yes
Site 3 No
Site 4 Yes
8 List TEP findings to support recommendation in question 7 above
TEP members from the LGU and the Carver SWCD conducted an on site review
on March 22 2007
Site 1 The aerial photographs from 1981 to 1986 show a change in the cropping
pattern around the apparent wetland edge that do not support the argument that
the area was planted with annually seeded crops or was in a crop rotation seeding
of pasture grass or legumes in six of the last ten years prior to January 1 1991
Additionally the affidavit supplied by the landowner signed March 19 2007
states that Site 1 was in hayland and was mechanically harvested in the years
1981 1986 This is not an annually seeded crop or a rotation of pasture grass or
legumes Also a portion of this wetland is not Type 1 or Type 2 wetland
Site 2 The aerial photographs from 1981 to 1986 show that the area was
annually seeded with crops Additionally the affidavit supplied by the landowner
signed March 19 2007 supports this finding
Site 3 The affidavit supplied by the landowner signed March 19 2007 states
that Site 3 was pasture and soybeans in the years 1981 1986 However the
aerial photographs from 1983 1984 1985 and 1990 show changes in vegetation
management around the apparent wetland edge that do not support the argument
that the area was planted with annually seeded crops or was in a crop rotation
seeding of pasture grass or legumes in six of the last ten years prior to January 1
1991 Several of the photos 1981 1988 are not clear enough to draw
conclusions regarding the crop history in and around Site 3 Therefore it cannot
be conclusively determined that that the area was planted with annually seeded
crops or was in a crop rotation seeding of pasture grass or legumes in six of the
last ten years prior to January 1 1991
Site 4 The affidavit supplied by the landowner signed March 19 2007 states
that Site 4 was planted in row crops of sweet corn and soybeans in the years
1981 1986 The aerial photographs from 1981 to 1991 show that Site 4 was
planted in row crops six of ten years prior to 1991
All exempt wetlands will be subject to the 10 year deed recording requirements
set forth in MR 8420 0115
ATTACHMENTS
1 Aerial photographs 1981 through 1986
2 Affidavit oflandowner signed March 19 2007
7700 Markel Bou evard
PO Box 147
Chanhassell Mi 155317
Administration
Phone 952 2271100
Fax 952 227 1110
Building Inspections
Phone 952 227 11 SO
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
P one 952227 1140
Fax 952 227 1110
Park Recreation
Phone 952 2271120
Fax 952227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 2271400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 2271130
Fax 952227 1110
Public Works
1591 Park Road
Phor e 952 227 1300
Fax 952 227 1310
Senior Center
Phore 952227 1125
Fax 952227 1110
Web Site
wiiw ci chanhassen mn us
The City of Chanhassen 0 A
April 6 2007
Dorsey Dorsey
c o Rick Dorsey
14215 Greenview COUlt
Eden Prairie MN 55346
Re Wetland Exemption Application
Dear Mr Dorsey
Enclosed please find the City s decision as LGU for the Minnesota Wetland
Conservation Act regarding your recent wetland exemption application
Please bear in mind that the proposed activity must comply with provisions of
the Chanhassen City Code and the Minnesota Wetland Conservation Act as
well as thc regulations of any other applicable jurisdictions Specifically
1 A permit from the City of Chanhassen must be obtained for all
excavating mining filling and grading operations in excess of 50
cubic yards Permits for excavating mining filling and grading more
than 50 cubic yards but less than 1 000 cubic yards of material in a
12 month period are processed administratively Permits for
excavating mining filling and grading of 1 000 cubic yards of
material or more in a 12 month period are processed in the same
manner as an interim use permit and require approval by the
Chanhassen Planning Commission and City Council
2 This exemption is subject to the 10 year deed recording requirement in
MR 8420 0115 A document meeting the minimum requirements of
MR 8420 0115 enclosed must be provided to the City for its review
and approval prior to recording The document must be recorded with
Carver County prior to commencing the exempt activity
Additionally a copy of the recorded document should be submitted to
the City at least two business days prior to commencing the exempt
activity
3 This activity mayor may not be considered exempt by the us Army
Corps of Engineers The applicant should acquire all necessary
approvals from the Army Corps of Engineers prior to commencing the
proposed activity
4 The activity must comply with Section 20 416 of Chanhassen City
Code regarding wetland exemptions enclosed
ilh clean lakes quaiity schne s 3 hUSII1cSSCS tral S arid t eauliful A great 1 0 live work ami plavd011I01111
5 The actIvity especially the activity proposed on Site 4 should not modify existing
hydrology on adjacent properties
If you have any questions or need additional information please contact me at 952 227
1135 or lhaak@ci chanhassen mn us
Sincerely
CITyoF CH NHASSEN
jt
i
f i
I
LOl i Haak
Water Resources Coordinator
Enclosures
cc Ben Meyer Bonestroo
Greg Graczyk Carver SWCD
Brad Wozney BWSR
g eng lori wetlands exemptions dorsey cover letter doc
Minnesota Rule 8420 0115 Page 1 of 2
Minnesota Rules Table of ChaQters
Table of contents for ChaptcLS420
8420 0115 SCOPE OF EXEMPTION STANDARDS
Persons proposing to conduct an exempt activity are
encouraged to contact the local government unit or the local
government unit s designee for advice on determining whether a
proposed project is eligible for an exemption and to evaluate
alternatives to avoid or minimize wetland impacts
An activity is exempt if it qualifies for anyone of the
exemptions even though it may be indicated as not exempt under
another exemption
These exemptions do not apply to calcareous fens as
identified by the commissioner
No exemptions apply to wetlands that have been previously
restored or created as a result of an approved replacement
plan All such wetlands are subject to replacement on
subsequent drainage excavation or filling
Wetlands may not be partially drained excavated or filled
in order to claim an exemption or no loss determination on the
remainder Therefore no exemptions or no loss determinations
can be applied to the remaining wetland that would not have been
applicable before the impact Exemptions may not be combined on
a wetland that is impacted by a project
Present and future owners of wetlands drained or filled
without replacement under an exemption in part 20 0122
subparts 1 and 2 item B can make no use of the wetland area
after it is drained excavated or filled other than as
agricultural land for ten years after the draining excavating
or filling unless it is first replaced under the requirements
of Minnesota Statutes section 103G 222 Also for ten years
the wetland may not be restored for replacement credit Except
for land in public ownership at the time of draining
excavation or filling the landowner shall record a notice of
these restrictions in the office of the county recorder for the
county in which the project is located At a minimum the
recorded document must contain the name or names of the
landowners a legal description of the property to which the
restrictions apply a statement of the restrictions the date on
which the ten year period expires the name of the local
government which certified the exemption if such occurred the
signatures of all owners and an acknowledgment
A person conducting an activity in a wetland under an
exemption in part 8420 0122 shall ensure that
A appropriate erosion control measures are taken to
prevent sedimentation of the water
B the activity does not block fish activity In a
watercourse and
httpwww revisorleg state mn us arule 8420 0 115 html 4 4 2007
Minnesut Rule 8420 01 L5 Page 2 of 2
C the nrtivity is conducted in compliance with all
other applicable tederal state and local requirements
including best management practices as listed in part 8420 0112
and water resource protection requirements established under
Minnesota Statutes chapter 103H
STAT AUTH MS s 14 06 1033 101 1033 3355 103G 2242
HIST 18 SR 274 2 SR 1877 25 SR 152 27 SR 135
Current as of 06 15106
I nu u L l OA I llc ht l L1lL1nn 7
ARTICLE VI WETLAND PROTECTION Page of 1
Sec 20 416 Exemptions
Activities exempted by Minnesota Rules 8420 0122 shall be exempted from the provisions of
this ordinance However certificates of exemption must be obtained from the city prior to starting work
A person conducting an activity in a wetland under an exemption in part 8420 0122 shall ensure
that
a Appropriate erosion control measures are taken to prevent sedimentation of the
water
b The activity does not block fish activity in a watercourse and
c The activity is conducted in compliance with all other applicable federal state and
local requirements including best management practices as listed in part 8420 0112
and water resource protection requirements established under M S ch 103H
Ord No 180 S 1 12 14 92 Ord No 202 S 9 4 25 94 Ord No 377 S 48 5 24 04
httplibrary2 municode comlmcc DocView 14048 1 114 135 4 42007
IT01J fu @ili @illlQ @of1J iID@ ru i i i
1@tI 1J@iID @@cru@@ lQ @
h
Name and Address of Local GOYfJrnllmewt UnliCity of Chanhassen 7700 Market Boulevard
P O Box 147 Chanhassen MN 55317
Name of Applkmllt Dorsey Dorsey Project Name Dorsey Wetland Exemption
AppHcatfton Nmlllllber n a
Type of AppHcaHon check one ZJ Exemption Decision
o No Loss Decision
o Replacement Plan Decision
o Banking Plan Decision
o Wetland Type Boundary Decision
Date of Dedsfton April 6 2007
Cillleck One Approved Sites 2 and 4
o Approved with conditions
ZJ Denied Sites 1 and 3
Summary of Projedillecision indicate exemption number per MN Rule 8420 0122 if applicable 1A
The applicant requested exemptions for Sites 14 on the property in the NW 114 of the SW 114 of Section
23 Township 116N Range 23W in Carver County Minnesota
Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of
Chanhassen denies the exemption requests for Sites 1 and 3
Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of
Chanhassen approves the exemption requests for Sites 2 and 4
List of Addressees
Landowner
Dorsey Dorsey c o Rick Dorsey 14215 Greenview COUlt Eden Prairie MN 55346
Members of Technical Evaluation Panel
Greg Graczyk Carver SWCD
Brad Wozney BWSR
Watershed District or Watershed Management Organization If Applicable
Bob Obermeyer RPBCWD
Page 1 of2
Department of Natural Resources Regional Office select appropriate office
NW Region NE Region Central Region Southern Region
Regional Director Reg Env Assess Ecol Reg Env Assess Ecol Reg Env Assess Ecol
2115 Birchmont Beach Rd NE Div Ecol Services Div Ecol Services Div Ecol Services
Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South
Grand Rapids MN 55744 51 Paul MN 55106 New Ulm MN 56073
DNR Representative
Kate Drewry Area Hydrologist
Corp of Engineers Project Manager
Joe Yanta ACOE
Department of the Army Corps of Engineers St Paul District
ATTN CO R 190 Fifth Street East
St Paul MN 55101 1638
Individual members of the public who requested a copy summary only
Ben Meyer Bonestroo
Jeff Fox
You are hereby notified that the decision of the Local Government Unit on the above
referenced application was made on the date stated above A copy of the Local Government
Unit s Findings and Conclusions is attached Pursuant to Minn R 8420 0250 any appeal of the
decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water
and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice
THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conselwttion Act Additional approvals or
permits from local state andfederal agencies may be required Check with all appropriate authorities
before commencing work in or near wetlands
LOCAL GOVER
I AlJril 6 2007
Date
Loti Haak Water Resources Coordinator
Name and Title
Attachments
1 Technical Evaluation Panel Findings of Fact dated April 6 2007
Page 2 01 2
Date April 6 2007 LGU City of Chanhassen
County Carver LGU Contact Lori Haak Water Resources Coordinator
Project Name Dorsey Wetland Exemption Phone 952 227 1135
Location of Project NW SW 23 116N 23W
IIj 14 14 Sec Twp Range Lot Block
City Chanhassen County Carver
TEP Members and others who reviewecl project Check if viewed project site
8J LGU Lori Haak BWSRBrad Woznev
8J SWCD Greg Graczyk 0 DNR if applic ble
Other Wetland Experts present None
TEP requestecl by LGU
1 Type of TEP determination requested
2i Exemption VCA Exemption JA
Wetland Boundary and Type
rhose 117m apply
No Loss
Replacement Plan
2 Description of Wetland s with proposed impact see attached
a Wetland Type Circular 39 Cowardin
b Wetland Size
c Size of Proposed Impact acres and square feet 3 52 acres 153 331 sf
3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information
DYes 0 No if no list why na
4 Is the project consistent with the intent of the comprehensive local water plan and or the watershed district plan the
metropolitan surface water management plan imd metropolitan groundwater management plan and local comprehensive
plan and zoning ordinance DYes D No if no list why n a
5 How will the project affect the following wetland functions
Functions Impact
Floodwater Storage
Nutrient Assimilation
Sediment Entrapment
Groundwater Recharge
Low Flow Augmentation
AestheticsIRecreation
Shoreland Anchoring
Wildlife Habitat
Fisheries Habitat
Rare PlantAnimal Habitat
Commercial Uses
n a
No Impact Improve
6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level
DYes 0 No if no list why n a
7 Does Technical Evaluation Panel recommend approval of the activity proposed in item l see attached
DYes DYes with Conditions D No if no list why
If no why
8 List TEP findings to support recommendation in question 7 above see attached
9 SIGNATURES ifTEP recommendation is not a consensus note with an asterisk and exvlaill Oil thf back ofthis page
SWCD R presentativl
r t
1
TGUi Rep esent iive
Date BW hJd C ll te
i
t DNF c lj C j J
11 L I II l ell i
l Iv
e
Page 1 of
Dorsey TEP Findmgs of Fact doc
i r
Dorsey Wetland Exemption
TEP Findings of Fact
April 6 2007
Attachment
2 Description of Wetland s with proposed impact
Site 1 Type 3 with a Type 2 fringe 2 0 acres on subject property 3 3 acres total
Site 2 Type 1 0 96 acres
Site 3 Type 2 0 39 acres
Site 4 Type 2 0 17 acres on subject propelty 1 34 acres total
7 Does the Technical Evaluation Panel recommend Approval of Activity proposed
in item 1
Site 1 No
Site 2 Yes
Site 3 No
Site 4 Yes
8 List TEP findings to support recommendation in question 7 above
TEP members from the LGU and the Carver SWCD conducted an on site review
on March 22 2007
Site 1 The aerial photographs from 1981 to 1986 show a change in the cropping
pattern around the apparent wetland edge that do not support the argument that
the area was planted with annually seeded crops or was in a crop rotation seeding
of pasture grass or legumes in six of the last ten years prior to January 1 1991
Additionally the affidavit supplied by the landowner signed March 19 2007
states that Site 1 was in hayland and was mechanically harvested in the years
1981 1986 This is not an annually seeded crop or a rotation of pasture grass or
legumes Also a pOltion of this wetland is not Type 1 or Type 2 wetland
Site 2 The aelial photographs from 1981 to 1986 show that the area was
annually seeded with crops Additionally the affidavit supplied by the landowner
signed March 19 2007 supports this finding
Site 3 The affidavit supplied by the landowner signed March 19 2007 states
that Site 3 was pasture and soybeans in the years 1981 1986 However the
aerial photographs from 1983 1984 1985 and 1990 show changes in vegetation
management around the apparent wetland edge that do not support the argument
that the area was planted with annually seeded crops or was in a crop rotation
seeding of pasture grass or legumes in six of the last ten years prior to January 1
1991 Several of the photos 1981 1988 are not clear enough to draw
conclusions regarding the crop history in and around Site 3 Therefore it cannot
be conclusively determined that that the area was planted with annually seeded
crops or was in a crop rotation seeding of pasture grass or legumes in six of the
last ten years prior to January 1 1991
Site 4 The affidavit supplied by the landowner signed March 19 2007 states
that Site 4 was planted in row crops of sweet corn and soybeans in the years
1981 1986 The aerial photographs from 1981 to 1991 show that Site 4 was
planted in row crops six of ten years prior to 1991
o All exempt wetlands will be subject to the 10 year deed recording requirements
set forth in MR 8420 01 5
A TT A CHMJENTS
1 Aerial photographs 1981 through 1986
2 Affidavit of landowner signed March 19 2007
March 12 2007
City of Chanhassen
Attn Lori Haak
7700 Market Boulevard
P O Box 147
Chanhassen MN 55317
Re Dorsey WCA Ag Exemption Application
Ms Haak
Enclosed are the FSA aerial photos from 1981 to 1986 that pertain to the WCA Agricultural Exemption for
the Dorsey property These photos are provided as a supplement to the original application and provide
documentation as outlined in Minnesota Rule 8420 0122 Subpart 1 A
Please feel free to contact me at 651 604 4767 or ben meyer@bonestroo com if you have any questions
regarding these supplemental materials
Sincerely
Benjamin L Meyer
Certified Wetland Delineator
Sr Wetland Scientist
Cc Rick Dorsey
Greg Graczyk Carver SWCD
Brad Wozney BWSR
2335 Highway 36 W
St Paul MN 55113
Tel 651 636 4600
Fax 651 636 1311
www bonestroo com
tt Bonestroo
WETLAND SITE REVIEW 1981 FIGURE 1
Bonestroo
1 2 207024 Cad Dwg Wettand Review dwg 1961 FSA AERIAL PHOTO
I E
ZI
d
s
MARCH 1 2 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
c J
Ifl
j oio l
4 af
J
P
I OJ
if
LYMAN BLVD
II
p
1 il J I f
i
11
f
Y
f
1 r
W
a
y J
31
10
1
i
ifr i
i tIt
Ht
S
J
r
a
X
WETLAND SITE REVIEW 1982 FIGURE 2
Bonestroo
1 2 207024 Cad Owg Wetland Review dwg 1 982 FSA AERIAL PHOTO
s
MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
fiJ
i
t
r t tJ
f
A
1 1 it
c
I IJo
L
i
1l italtvd
isOf
r I
7 fjC
6i JiiIIJt
I J
r
I
I
I
I
I
i
J
fIII
ri Ii
t 4 0
rt
Ie
lf tJ
t
1 II
l
I
if
iVi
ri lllt it ili
1
i
o I
t
Ij
i
J
lM
l 1
t
1 l D
t or
trc G
7
p
1 ic i Jfl
t
t
mm
M
t c
4
I
t
ill
4
ri iJ
E JI
IP
M
WETLAND SITE REVIEW 1983 FIGURE 3
RICK DORSEY
AGRICULTURAL EXEMPTION
1 2 207024 Cad Owg Wetland Review dwg
LYMAN BLVD
1
t
t
j
r
f
Pt
r
to
1
I
l
or
tf
ft
k
tttJ
l f
I a
r
i
1 963 FSA AERIAL PHOTO
U1
rl
f
q
o
J
CD M
I
0
UJ
o
a
to
r
i f
11
I
I
Ii
1 t
l
bl
j f
Il r
II
i t
JJ
p
if
p
f ii
MARCH 1 2 2007
r
J
I
1 1 il4i i
Af l fJlilii
j
f
li
WETLAND SITE REVIEW 1984
1it
1
ta tr
Y
t
FIGURE 4
RICK DORSEY
AGRICULTURAL EXEMPTION
1 2 207024 Cad Owg Wetland Review dwg 1984 FSA AERIAL PHOTO
s
l
l t
t
l
t
1
r
r o
C
J
1 1
wffr6
la1
Bonestroo
MARCH 1 2 2007
I lIo
i9 t
1
5
1 tie
JFf 11
I
l
If
1 AJi
l i
J1t
r
III
tr
of
I i
1
t I
J
k
j
f fJ 3
If tj t
t Ii 1rc
i J
p4l 7 a
t
j
l
r
r
i f rtfiiIW1lIIioiwIIt
J4OJ 1 b 10
l11 n jI
4
10 41 a p
ff iJ lJl 1 814
IIIIfrtpol i @ J
1
t1i 1l urJ y
11 lj
J l J t
jf orc
ft d
i Il r a
I Q itI
a AIN
t 3 r if
Y t
6J
P 31pilllJ
C tL gJ tfI O
1 1 c
c a c
J t1 t
v
t1
JJ
JjJS kl all
f j4tl
ult 7
r tft rrritrIr
r 1Ai AIr jlt Ia
1 I trJiM
o eP J
l DJ riJ
1
II
1
1
jh 1J II
t
FJ
Ii
1
r
lo
LYMAN BLVD
I T
1
l J
1r4
fI
I
i
fl1 1fu1
j jloli
d I
tii3il
f1 Jj
J
f 1rt
i
g
i
j
X100
II
f
1Ioi
r oII
rt
lI
III o
J
011
rl
Ill
t
ir
WETLAND SITE REVIEW 1985
o
Jti iI
a
g a
o r AI
o i
1 r
r t
iI
t8 i
f
J
t
l
11
t
l
i f t
A
t 7
t
I
7
Jr
II
ill
r I
FIGURE 5
RICK DORSEY
AGRICULTURAL EXEMPTION
I 2 207024 Cod Dwg Wetland Review dwg 19135 FSA AERIAL PHOTO
s
nP
IO
i
A
dlf
I
lf j
i
r f jtf
f
J
iT
fj
WI
l
1
1r
Bonestroo
MARCH 12 2007
a I
f
Ill
WETLAND SITE REVIEW 1986 FIGURE 6 la1y
Bonestroo
RICK DORSEY
AGRICULTURAL EXEMPTION
1 2 207024 Cad Owg Wetland Review dwg 1986 FSA AERIAL PHOTO
I
I
j
s
MARCH 12 2007
v
Mi nnesota Wetland Conservation Act
Affidavit I Exemption Evidence for Local Government Units
I do hereby certify that the following statement ofevidence or activity is true and may be used as evidence to support
qualification for WCA exemptions The LOU may require additional affidavits or verification evidence before
making an exemption determination
Proiect Location
Nwl 40fSwl 4 23
Quarter Section s Seclion s
116 23 W
Township No Range No
Carver County
County City Loti Block SubdivisionGoLots
Exemption
DESCRIPTION OF EVIDENCE FOR EXEMPTION
Dorsey and Dorsey is the owner of the agricultural land including the areas listed below since 1979
Site 1 was in hayland and was mechanically harvested in the years 1981 1986
Site 2 was planted in row crops of sweet corn green beans and soy beans in the years 1981 1986
Site 3 was pasture and soybeans in the years 1981 1986
Site 4 was planted in row crops of sweet corn and soybeans in the years 1981 1986
On penalty of perjury I hereby swear under oath that the information above made for the purpose of documenting
qualificatiorijor an exemption from the WCA is true to the best of my knowledge
i i 1 March Hi 2007 469569752
Signature j r lt t df Tfl Date Social Sec No
r flIl Jo Lj ACKNOWLEDGEMENT
The foregoing instrument was subscribed and sworn to before me on
J 1 tt day MA RCIj month J l year by LUu 7
MARtA PEARSON
PIbIc MIn
Com ton Jln a1 J01d pri12003
Page 1 of2
BWSRJorm WCA Exemptiol1 4 Exemption Affidavit
I
Notary Stamp or Seal
Page 2 of2
BWSR Form WCA Exemption 4 Exemption Affidavit April 2003
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
wwwci chanhassen mn us
April 5 2007
Dorsey Dorsey
c o Rick Dorsey
14215 Greenview Court
Eden Prairie MN 55346
Re Wetland Exemption Application
Dear Mr Dorsey
This letter is to notify you that the City will be unable to complete the review of
your exemption request within the 60 day review period that ends May 11 2007
Therefore I am notifying you that the City is extending its review period for up to
an additional 60 days through July 10 2007
If you have any questions or need additional
952 227 1135 or lhaak@ci chanhassen rnn us
please contact me at
Sincerely
The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautilul parks A great place to live work and play
Page 1 of 1
Haak Lori
From Meyer Benjamin L Ben Meyer@bonestroo com
Sent Tuesday March 20 200710 54 AM
To Haak Lori
Subject Dorsey Permit affidavit
Attachments Affidavit of Land Use pdf
Lori
Attached is an affidavit from the landowner that corresponds to the previously submitted aerial
photos With this information we are assuming that this constitutes a complete application Can
you confirm with me when the timeline will start and when you think the City might have some
decisions made
Any update on Fox s properties Has BWSR given any further guidance on either project
Thank you
Ben Meyer
Tel 651 604 4767
Cell 651 253 6648
ben meyer@bonestroo com
Bonestroo
2335 Highway 36 W
St Paul MN 55113
Tel 651 636 4600
Fax 651 636 1311
www bonestroo com
3 212007
Minnesota Wetland Conservation Act
Affidavit I Exemption Evidence for Local Government Units
I
I do hereby certify that the following statement ofevidence or activity is true and may be used as evidence to support
qualification for WCA exemptions The LOU may require additional affidavits or verification evidence before
making an exemption determination
Proiect Location
Nwl 40fSwl 4 23
Quarter Seclion s Seclion s
116 23 W
Township No Range No
Carver County
County City Loti Block SubdivisionGovLOIs
Exemption
DESCRIPTION OF EVIDENCE FOR EXEMPTION
Dorsey and Dorsey is the owner of the agricultural land including the areas listed below since 1979
Site 1 was in hayland and was mechanically harvested in the years 1981 1986
Site 2 was planted in row crops of sweet corn green beans and soy beans in the years 1981 1986
Site 3 was pasture and soybeans in the years 1981 1986
Site 4 was planted in row crops of sweet com and soybeans in the years 1981 1986
On penalty of perjury I hereby swear under oath that the information above made for the purpose of documentingqualificationoranxemptionfromtheWCAistruetothebestofmyknowledge
i J March 1 2007 469569752
Signature j rt IJtl litf 7fL l J pate Social Sec No
r 7i ef C n 7 ACKNOWLEDGEMENT
The foregoing instrument was subscribed and sworn to before me on
1t4 tt day lAR CIj month or 7 year by jtAkuu J
Page I of2
BWSR orm WCA Exemption 4 Exemption Affidavit
MARtA PEARSON
J4DIIIyPublc
Comn11nl 1 JO1 pril2003
Notary Stamp or Seal
Page 2 of2
B WSR orm WCA Exemption 4 Exemption Affidavit April 2003
Page 1 of 1
Haak Lori
From Meyer Benjamin L Ben Meyer@bonestroo com
Sent Monday March 12 200712 55 PM
T Haak Lori
Cc homeclub@qwest net Graczyk Greg Waconia MN Brad Wozney
Subj ct Dorsey ago exemption photos
Attachments Dorsey Wetland Review 81 86 pdf
Lori
Please see attached in reference to the Rick Dorsey ago exemption application request
Thank you
Ben Meyer
Certified Wetland DelineatorSr Wetland Scientist
DIRECT 651 6044767
EMAIL ben meyer@bonestroo com
Bonestroo
2335 West Highway 36
St Paul MN 55113
MAIN 651 6364600
FAX 651 636 1311
WEB www bonestroo com
627 2007
March 12 2007
City of Chanhassen
Attn Lori Haak
7700 Market Boulevard
P O Box 147
Chanhassen MN 55317
Re Dorsey WCA Ag Exemption Application
Ms Haak
Enclosed are the FSA aerial photos from 1981 to 1986 that pertain to the WCA Agricultural Exemption for
the Dorsey property These photos are provided as a supplement to the original application and provide
documentation as outlined in Minnesota Rule 8420 0122 Subpart 1 A
Please feel free to contact me at 651 604 4767 or ben meyer@bonestroo com if you have any questions
regarding these supplemental materials
Sincerely
Benjamin L Meyer
Certified Wetland Delineator
Sr Wetland Scientist
Cc Rick Dorsey
Greg Graczyk Carver SWCD
Brad Wozney BWSR
2335 Highway 36 W
St Paul MN 55113
Tel 651 636 4600
Fax 651 636 1311
www bonestroo com
Bonestroo
WETLAND SITE REVIEW 1981 FIGURE 1
Bonestroo
I 2 207024 Cad Owg Wetland Review dwg 1981 FSA AERIAL PHOTO
s
MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
WETLAND SITE REVIEW 1982 FIGURE 2
Bonestroo
1 2 207024 Cad Owg Wetland Review dwg 1982 FSA AERIAL PHOTO
s
MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
i
1J
l t
f
i
P
WETLAND SITE REVIEW 1983 FIGURE 3
Bonestroo
1 2 207024 Cad Owg Wetland Review dwg 1983 FSA AERIAL PHOTO wi
s
MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
f
lIlIntYMAN BLVD
us i
t
iT
V
a
j I
i I
jy r
ts
WETLAND SITE REVIEW 1984 FIGURE 4
Bonestroo
1 2 207024 Cad Owg Wetland Review dwg 1 984 FSA AERIAL PHOTO
s
MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
f
Y 1
t tJ
ft
it
V t
t j
1
r
f
j
p
i1m
LYMAN BLVD
1
2
4
J
4
f oJ tu
10 i J JJt
I
y1
i
t
f i
i
c
rjY nJI
iW f
N It
JlI
iJt
t
Y
WETLAND SITE REVIEW 1985 FIGURE 5
Bonestroo
1 2 207024 Cad Owg Wetland Review dwg 1 985 FSA AERIAL PHOTO
s
MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
WETLAND SITE REVIEW 1986 FIGURE 6
Bonestroo
1 2 207024 Cad Owg Wetland Review dwg 1 986 FSA AERIAL PHOTO
s
MARCH 12 2007
RICK DORSEY
AGRICULTURAL EXEMPTION
February 20 2007
Mr Rick Dorsey
Dorsey Dorsey
14215 Greenview Court
Eden Prairie MN 55346
Wetland Exemption ApplicationRe
Dear Mr Dorsey
This letter is to inform you that we are in receipt of your application for a wetland
exemption for Sites 1 4 located south of Lyman Boulevard and west of Powers
Boulevard
After reviewing the data submitted it was determined th t the application is
incomplete and the following information is missing
Evidence of the exemption claimed as outlined ili Miljiie ota Rule 8420 0122
Subpm l
t I y
V
1
aerial photogr
application
o
t4
For this reason
until these items
stoprocessanaj1
information to rev
If you have any
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952227 1140
Fax 952227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
FaX 952 227 1110
Public Works
1591Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
cc
g englori wetlandsexemphons dorsey Incomplete application 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 play
RECEIVEDStPaulMN55113
Fax 651 636 13112335WestHighway36
Office 651 636 4600
www bonestroo com 8 2007
CITY OF CHANHASSEN
FES
n BonestrooIUIRoseneiAnderlik
l Associates
Engineers Architects
February 7 2007
City of Chanhassen
Attn Lori Haak
7700 Market Boulevard
P O Box 147
Chanhassen MN 55317
Dorsey WCA Ag Exemption Application
Re
Enclosed is the WCA Agricultural Exemption per requirements of City Code We would
like to meet with YOU at your earliest convenience to discusS this application
HaakMs
if you have
Piease feei free to contact me at 651 604 4767 or bmeyer@bonestroo com
any questions regarding this application
Sincerely
Bonestroo Rosene Anderlik Assoc
L
Benjamin L Meyer
Certified Wetland Delineator
Sr Wetland Scientist
St paul St Cloud Rochester MN Milwaukee WI Chicago
ifflrmatlve Action Equal OpportunitY Employer and Employee owned
Rick DorseyC
V 2 01tor MS WORD 09 01 01
WaterWetland Proiects
NA 026620Ol B
Minnesota Local State Federa
1
forAicationForm
Internal Use Only
A icatiol1 Rccei ved I
For
O lte Inicial licacioll Deemed ComJlleteAinicial
BASIC APPLICATION
nformatjoll and assistance ill lnstruction3 Page l
Date
PART
Field Oflice CodeNoJicatiOlA
0l1I0 important addition lSeeHELPdirects
952 831 7204
I
Phone
J LA DOW1 ER APPLlCAlTC01TACT Ii FOR IATIOlSee dl
Name Dorsey Dorsey C O Rick Dorsey
Eden Prairie MN 55346
i appl iClIMrOl
4215 Greenview Ct
AUTHORIZED AGEIiT See He IlA
Ben Meyer Bonestroo Assoc
I ng adulCSs 2335 W Hwy
Complete mailing address
A
Name
Complcte
lot r qllirer
Phone 651 604 4767
isallagelt
AddirJJlal PrOjecttlr ashcets ifnccUed
82040506D7D
acres indicate l izc 5 66 0 tOto 40
I ACTED Allacl
JD
MN 55113
2 i AIE TYPE MiDSIZE OF PUBLIC WATERS or WETLAI DS
Name or I D of Waters Imptlcted ifapplieable if known
Check nllthat DLake DRiver Wetlalld type r8J
lndieatl sizc of lakc or wcl d dlcck one Less t
LD
o
Sl Paul36
ply
irc crC40oGrelteacres
Chanhassen
title insllrance
City ifnpplicnble
titlCpOIr1Itlsaelll
Fire
Cl I roper
PID 250230400
6
hejrJJInollIIaliOJ
Lyman Blvd
3
ProJ
Coullty
nallll
Range 23LJTowns
Joention or landmark and
4 TYPE OF PROJECT Dcmibe the type of propos cd work Atweh TYPOr PROJXTsheet ifnceued
Mn Rule 8420 0115 and 8420 0122 Subpart 1 A Agricultural Exemption SEE ATTACHED for additional info
know
5 PROJECT PUI POSE OESCIUPTION A D 01 IE1 1018 Describe what you plal1 to do tlll1 Vhy it is IlceLlcLl how you plan co
construct the project with dimensions length width deplh nren of impact and when you propose to COtlstrllcllhe project This is the
most importllnt part 01 rour npplication See HELP 5 before completing this section see What To Include 01l1 Iall5 lnstntctiol1s
p lge I AUtlch PROJeCT DISCRff T10N sheet ATTACHED
Utilizing Type 1 wetlands for the purpose of agricullural production utilizing standard farming practices and machinery
Footprint of plOject 3 52 acres or squarc feet drained filled or excavated
6 PROJECT ALTERNA TIVES What altemativl s to chis proposed project have you considered that would nvoid or minimize impacts
10 wetlands or waters List at least TWO ldditiol1ul altell1alivcs to your project in Section 5 that avoid wcthlllds olle of which nmy be 110
build 01 do nothing and explain why you chose to pursue he option described illtbis lppliC lion over these altcmmives Attneh
PROJECT ALTl7 NITlVES sheet ifneedctl
N A
7 ADJOINI G PROPEIHV OWNERS For projects tl1a impact more than
nHliling addresses of adjacent propetty owners on an nllaehed separtite sheet See
Ihe ctlmplcte
IfDNa8POllTIONOFWORKCOMPLETEDIslI1yportionoflheworkinweilandor1HerarcaalrCHlycompleted8JYcs
yes describe the completed work on a separate sheel of pnper labeled WORK ALREADY COIPLETED See HELP 8
Tiled and Farmed SEE A11ACHED for additiolll1 info
9 STATUS OF OTH R APPltOVALS List any othcr permits reviews or approval related to
have already been appro ed or denied 011 a separate lltt lched sheet See HELP 9
I twetlands0000squarefeetofwatclUI
HELP 7
10 I 1111ll1ppJ ing for state and local authorization to conduct the work described in this l1pplicatiot am familiar with the
contained in this application To the best of my knowledge and belie all intormation ill Part is tme complete and accurate
the allJ rll o undCl1akc tile work described or I 111l lcting as the duly lIthonzcu agent of the applica
pending or
infot1natiol1
passess
arc cithclthasproposedprojeCI
2 2 07et7
aS 01
OllIe DateqfagetIapplicahleSignalllre
hits signAglthfonlydosoThisblKkOlUsbesigncdbythepersonwhot1csirtStoUl1dltrtakethepruposedactivityandhasthencctssuryproprtyrights10
pleast anach a separate shect sirnod by IIle lamloler giving nltcess ry lllhorization to tho Ag l
ProjecttorWnterWetlandApplicationFurm
Pag
Lo aI Smtc Federall1i1111501a
A UCATION FOR DE ART E 01 TIlE ARWi E I1T 0 cro
16 O L NO 01 to v
we
of
CO
of tt
J
I
c
ol
of s
mi i
c
of ci
o
00
c 0
n
ow
n
r
0
r
OM
c
or c ON Y
n
b c c o
m i di
00 r
C T AT
c
c
us
oS
ct oo
oS ct
i d m
00 ie
c
f ood
c
o c
ol
c
c
4 Oi1E APPLICATION OMPLnf D
THROUCH 4 TO BE fILLED IN B THE CORPS
i valid
3 DATE REClvED1
2 fiELD OffICE CODE
HEMS
1 l rtlC 1 liON NO
non shll C itens 5 and 26 11 11 agett
for Itse f1ly when inchtdcd as 1 ar
app icMtSAl
roi 1IItII
JIS lpp icallUn all
tt J1 111 pl SSlIlg I
01
fU agel
tllY bella r s tlYfllIlhori111
toIL1 1
I S1 A TFr tlI OF A JTH 0to TION
I hlf ba I 1I li1 Ben Meyer BonPttO is oe v
11Illll tcqlSl SllPlleI1 nl1 intoTnllnion ii lpPO It rjj1
II little on
lpliC lhltlif
tlPp icah e
D 1 f
4 PROIECl STREET i DDllliSS ifinstructionsiPlLlCiNSSIGNsrURE
if applicable2PROJECTWJAEORTITlEsee
KNOWN
16 an 0 LOCAnON O scKl1TIONS If KNOwN I i di
NAME Of WAfERBODY If
15 LOCATION Of PROJf
13
1 Ni TURfOFtC1lViTY
20 REASON S fOR DiSCHAROE
21TYPES 0 MAT61UAL ailING D1Sl llAamO AND TIlE AMOUNT 0 IlACll TYl E N CUlIC y SIiDIRECTIONSTOTHESITE
19 PRomcr l URYOSE
If YES Df SCIUBlCOMPLETED WORK
12 sUR A J A IN IICO S Of wmLANOS OK v WATERS fll D
26 AW ion i by oad ror h 01 pmi 0 bod worl 1biio hi Ii ion rtify 1uI i Or on in
on ion i i nd
or Iify bnll ho DUmocilY to odrt k tl k il ci or m i olY
t UtllOflzed agent of the applicant
LIST 0 CtUflftcAnONS OK o SOf LS RlF VW FROM OTl 0 STA e OK we L OF ES 10
WORK OlSCRIBBD IN THIS A1 lUCAiION
NO
YES
23 IS I NYlOR1 lON OF fHF WORK ALREADY caMPI8m
24 ADDRFSSES OF AtJOlNING PROPERVOWNERS
y 4iy
0
mJ07
Dilli
W
n i m on
d m
ti iIy oc 1 by ori it
B
fill
C ti
c i cM i i of
00
fI U
i ill
co wi i k di i loc
n or
Ci M
c
ici
f
iti
or c lib
S to i m
ENG ORM 4145 J 91
EDmON Of flO0 94 IS onSOLETE
P c CEeWoRyoUDONorNEEDTOcoMPLETEITEMS610and122510theSHADEDAREAS
d i co a d T f cl r
of this cnti re state aop icatiOtl
illltttw fag nt if3ltYJvLAf7
Dale
1
i f Wcl oj
Page 2
1
o No WCA Iurisdiction
o Exempt No per MN Rule 8420 0 22
o No Loss A B G per MN Rule 8420 0220
o Replacement required applicant must complete Part
FOR LGU USE ONLY
Determination for Part 1
n
COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REOUlRED
Application is check one 0 Approved oApproved with conditions conditions attached o Denied
Dale
CommentslFindings
LGU official signalltre
and 28 LGt has received proof of recording of restrictions
Name and Title
For Agricultural and Drainage exemptions MN Rule 8420 0lZ2 Subps
per M Rule 8420 0115
Document assigned by recorder
Dale
Water Wetland Proj ects
LGU ojficw signatllre
Application Forms for
Page 3
Date
Minnesota LocaVStatelFederal
County where recorded
Ago Exemption
Basic APplication
Supplemental AttachmentDorseyProperty
AS a result these wetland llteas were grandfatheted into the WCA of 1991 as e eUtpt froUt
reaulation under MN Statute 1 03G224 1 subdivision 1 and MN Rules 8420 0122 subpart lA
of the date of enactUtent of the Law and do not reluire a replaceroent plan for drainage or
filling type 1 of anY size and those Type 2 wetlands less than 2 acres in size which had been
impacted prior to 1991 and were used for agriculnrral purposes in 6 of the Utost recent 10 year
prior to 1991llte e eUtpt froUt the WCA As no ding for e eUtptiOn wasrelUired and the
activity occurred prior to the enacunent of the Statue for the WCA of 1991 the AgrtCUlt1J al
e eUtption froUt a replacentent plan and other regulation was lJltomatically grandfathered in and
claimed for draining filling and e ca ling in these wetland areas on 1afiUll1f 1 1992 the date
the Statue became effective
MN Rule 8420 0115 States an activity is eJlempt if it lualifles for anyone of the e eUtptions
even though it may be indicated as not e eUtpt under another e eUtpUo
MN Rule 8420 0210 states An e emption maY applY whether or not the local governrnent unit
has mC an e eUtption deterrn11afon
ChanlllSsen City Code Article VI 20426 noW reluires e eUtptions be reported to the City
This application is to address the City of cnanhassen code cited abOve and to request a
detertllination of e eUtption r ired by City Code The activity to be performed at this tinte
continuation of work done within the site and is needed as a result of ctangIDg conditions to
addreSS concerns with respect to safe acceSS to the property for the farm euipUtent safety to
UtotorislS on adjacent roads to facilitate Illtger eluipUtent to increase productivity and to
Utaintain past drainage on the site The site has been and stiis e eUtpt froUt the need for a
replaceUtent plan and other regulation with respect to Minnesota Statutes as stated abOve
The work being planned in Sites 1 2 3 and 4 is a continuation of investUtent Utade and work
done for agricultural purposes within wetlands prior to the Wetland conservation Act CA of
1991 Sites 1 2 3 and 4 were e cavated drained f1led andlor tiled for agricultural use prior to
WCA and were annuayseeded with crops or were in croP rotation seeding of pasture grass or
leguUtes in 6 of the UtOSt reCCnt 10 yelltS prior to lanuary 1 1991 between lanoary 1 1981 and
I anuarY 1 1991 and were in Type 1 or Type 2 wetlands 2 acres or less in size
Agricult1J al E eUtptioo per Mn Rule 8420 0115 and 8420 0122 subpart 1 A
Ctanltassen City code Article VI sec 20 426 reluires that all e eUtptions be reported to the
City
4 Type of Project
is a
Page 1 of 5
February 7 2007
e ditches tile aodlo sw les will ewrn cres
Retilling the JlOod aod eestabllSluOg egress dta g bl ked off It will 11011 lot the f1elds 01
lost to w 1et b cklog 1 1ll the manOle dttches e1l1g OC
11 hIe lields with theit oeighbO to eOSute safe
the owoets oeed to cooOect aod cOlob1l1e tl h me latIIle will reduce the oeed to mlve
lanning ope ation COoOcctlg f1elds aod U1fvgt e flO OO catS pe d y to ccess the
eOt onto county oadS lW1th ltll 1C coon so
l
ds wil1 provide safetY to bOth the 1 tIll ope atO aod moto lSts
page 2 of 5
dimeot aod eroded materi ls ftom Site lII to
the ownets inteod to dta10 the pood exca te se
t t the oew stotIll JlOod designed to tCCetve
retill the pond in Site lIlaod dttCCt he su ce W et 0
the sutl ce wate from the ptoperty
d very latge sutl ce w tJOlIllgement JlOod
AS part 01 the oew Ughw y 2 2 ptO ect 0 dew ouest 01 the City 01 Ctannasseo
to blllldle
was designed aod nullt Its siZe was mcrease at t e re
sutlew te from the foX and Dotsey ptopett1es
n ce wate lllIll gement JlOod lSlte lit in 19 910 an
the owoets exc vated the cut eot sm ll SU
b bl cked from notut lm in ge ctoSS the
ttempt to cootalO floodlog 01 sutl ce w te ettl OotecoU osed the ditches by driving ovet
h t the n eViOUS owoet s e
adj cent p opertY to t e eas r Ii h combined with e ostOO to bloc u e
them with his ltllctO and would oot tttake epat w
0 e c ted on ntevlously dtailled tiled
d m teIV 0 6 c es ttl Size
r
w te floW h JlO PP ox1 d 1 h alOe size lM the tiltll 01 e1c tton the ate was
and 1 tIlled shalloW Type 1 wetlao 0 t e s the e was standing w te with nO pl ce 0go
Identif1ed by the DNR as Class U wetlaod bec use
ot the owoe s intent to create wetlands
as result 01 the ditch being totallY bIOCedh It w
e uod much latge
uod Ithas
NoW as esult 01 the contJUllCd w te leac ttlg m 0
beCOme saturated
dlo fill slll lI loW g ade wetlands and sutl ce
the owoetsplanllttlg to exc vate dJatO and 19 9 sun ce w te will be directed to oeW
wate m nagemeot poud prevlousl exc vate
1 01200 feet to the east least 01 powets Blvd part
sun ce w te man gemeot JlOnd PP oxunate t be wo ed 10 h ve p evloUSly beeo
01 the 1lighw 22 stotIll pond p oject hll eas 0
tftom epl cemeot plan pe State 01
excavated dtailled andlot ftlled an lre
h ghbO iOg p operty owoe is willing to
MOllesota Statute 1030 2241 sub tlS te cross his P opert 0the oeW JlOod
cooper te od p oVide means to ltC
eot Is at e aod needs longe stt lghte f1elds to
pccCSS 0 p operty IS tm1ted latIIl10g e u1P C Il
g d and ove groWO ditches and uee ootS
opetate elf1c eodY p oductlvel and p ol blYb o
3l
ps aod e osioo etuites need to loo
h ve bloced011 the dta e ttee groWl IS dgd to neW roads aod latget eulpment used
t LesS ccess to 1e S ue
ft d
t sutl ce w te managemeo to eep gtcultute ope at10ns e 1Clent ao
by latIIletS etuites new fteld managemeot ptac1ces
profttab e
Ag Eltem ption
r ll rV 1 2001
Description
Dorsei propert i
Project5
Ag E1teUlptiOn
Dorsey torty
lie CounW Roads it will provide longer rows and
three fanus to be connected wtthoot gotOg n
significant efftciencies to thelt fartO o rattons
tto e cayale a surface wate collectioo pond
1 199 when the owner got an e cayattOO 1 d b t e Dm as a ClasS 11 wetland It
f th rand it was c as te
l
water was pondlng for part 0 e y t area that was considered wetland area plos
was alSO tOoch sroaller than todaY e en Ite
th n waler geroent pond abOot 0 6 of
additional area was e1tcayated and replaced wt a so
0 regularl flooding additional area
d bas nO ootleut OyetuO
an in sitBecaose we po b ng classilJed as TIl I wetland e area
d is satorating additional ground that 15 now et
y is rnore than triple what it was less than fdteen yearS ago
199 the owner got apeonit to e cayale a
fIte area hat was wet continoed to e p s
B Drainage oot of the pond area is totally
pond to contain the surface water runo te ei hbOriog ptoJrty and eyen with the
blocked by the higher grade botlthng ops I and 100 year rain hat the pond floods
e cayated area mere are ttl11e soch l
1 Ig d tworkable hat historically always bas 1
beyond the dog oot area rnang addtttona an 00
ibit A Site I
d abOot acres otf ll I wetland Before being
currently this is 2 s of TIl wetl an
ed for oyer 30 years fIte owner propose to
e cayated in 199 it was tiled drrooed d ct surface water frorn Dorey and Fo prortY
drain me pond nil and ose a swale or tt e to n ce water for hiS area This area was ttled
to new stoon water pond sized for ccejlttng me so boring property being blocked Ebibit c
drained and fartOed prior to me dtitutage on the netg
otiginJlllY before tiled likely a TIl I wetland
t d baled eyet ear in ilS entirety until
d ha lan1 hat was CO au
fbe area mat 15 now a po was d ditches and erosion on me netgCuortng
191 see PhotO In 1981 as a result of me ollap
e lowest spot on the sobject property at the
prorty blocking the dtlUuage a srnalld O OII gwate as itbacked 01 rnacing it wet for tOO
ceoter of the corrent pond area starte
rnoch of lie year to cot the haY
ro err droye Oyer the ditches and eliminated all
After 193 the fartOer who rented the adjacent iil 1 1 the ditches were folly collapsed and
striJls of grasslbay osed for erostOO coolt 1 O
h rinI property blocciOg drainage frorn the
erosiOO raised the grade of loW land on t e netg
an oncoo iye off sile owner In 191 the
subiect prorty fIte neighbor at me tfe was
th sobi propertY and got progressiyelY worse
surface water was backtng 01 and 1l tOg 00 e
each year flooding additional land
191 fIte owner fartOed the adjacent proM
fIte owners land has been in Ag t esee stOce
re s0 fartOed and Mr Dorsey continoed to
frorn 1980 193 tior to fartOtOg tthe n e
faon ectOiq oes At that time the lan1 was
irnproye consetlaUon practtces os con b th properties were well 1rained
fanne1 to the ditches the thtches were open an 0
page 3 of 5
1 XrV 1 2001
Dorsey Property Ag Exemption
Site 2 has been tiled drained and farmed long before the inception of the WCA in 1991
Proposed improvements include raise grade with fill as some tile has been broken or has
become plugged and retile or swale to connect to drainage plan of Site 1 crossing the adjacent
property to the east
Site 3 plan is to cut overgrown willow trees and re grade surface swale that has eroded to an
impassable ditch and to fill and drain wet spot along embankment from Lyman Boulevard with a
new swale
Site 4 is in the southwest edge of property with about 12 foot by 200 foot area against Fox LP
property The plan would be to fill and raise grade to control against overflow from wetland and
development to the west and to provide access to Fox LP property for farmer
The owner has contacted the property owner to the east and sOllth and is coordinating with them
to establish drainage across his property
Site 1 in hay and alfalfa looking east toward shed on Fox property 1981 The farm implement is
at the west edge of the site
February 7 2007 Page 4 0f 5
1
Dorsey Property Ag Exemption
Site 1 looking east toward shed on Fox property 1983
Exhibits
A Site Locator Map with wetland boundary determination wetland types and areas
B Pond excavation plan 1989
C Property site aerial photo 1963
February 7 2007 Page 5 of 5
f
W
L f
sl
t
tA I
r OW li
1
Ilfif
11
1A l
LYfJ1an 1 fL I
Fox
Property
Dorsey
Pro pe rty p r 1IIJ1SHED
it
J j
Fox LP
Property
RICK DORSEY
AGRICULTURAL EXEMPTION
o
I
Scale in
EXHIBIT A
f
O
Bonestroo
Rosene
Anderlik
J 11 Associates
Engineers Architects
SITE LOCATOR MAP
I l 1 1 1Ia in 1 r 32 h J n11 1 5 i d i 1 t3i U C
r
Eil f 1
8LVDrLYMAN
o 0 100 I
11 10
dy
o OIOS O POND
C tOS Of eoJtTItOt
o OiS O t SIT
I D ey BNIOP06ED
c
8 0
c
I
Message Page 1 of 2
Haak Lori
From Meyer Benjamin L bmeyer@bonestroo com
S nt Thursday November 16 2006 2 23 PM
T Haak Lori
Subj ct RE Ag exemption determination
Both Dorsey and Fox lease the land to someone to farm it Because of the new Powers Blvd and Hwy 212
expansions the Fox property has limited access to their properties with large farm equipment Therefore they are
looking at cooperatively farming the properties by ignoring their property boundaries and allowing the large
equipment to access the Fox properties through the Dorsey land Also the larger equipment needs larger turning
radii and such Because they are zoned within the ago area they feel this exemption is warranted Main purpose
would be for cultivation of the Type 1 wetlands and to re fill the open water portion of the Type 2
Thank you
Ben
PS I will on vacation all of next week Any chance on getting a decision tomorrow
Original Message
From Haakr Lori mailto lhaak@ci chanhassen mn us
Sent ThursdaYr November 16r 2006 1 17 PM
To Meyerr Benjamin L
Subject RE Ag exemption determination
Ben
I m currently reviewing the rules with regard to the proposal I will let you know before Thanksgiving if we
need additional information or can decide about the exemption based on what you ve submitted
One question What is the purpose of the exemption What activities does the owner intend to conduct
within the basins if they are determined to be exempt
Lori
Lori Haak
Water Resources Coordinator
City of Chanhassen
7700 Market Boulevard
P O Box 147
Chon hassen MN 55317
Phone 952 227 1135
Fax 952 227 1935
Email Ihaak@ci chanhassen mn us
From Meyerr Benjamin L mailto bmeyer@bonestroo com
Sent ThursdaYr November 16r 2006 8 47 AM
To Haakr Lori
Subject Ag exemption determination
Lori
627 2007
Message
627 2007
Page 2 of 2
Attached is the wetland map for the Dorsey property The wetland boundaries were estimated and GPS
surveyed by me The owner would like to apply for the Ag Exemption MN Rule 8420 0122 Subpart 1 D
which states that activities on agricultural lands are exempt in Type 1 and if less than 2 acres on Type 2
wetlands The majority of the wetlands proposed for cultivation are reed canary grass dominated Type 1
wetlands The only Type 2 wetland is the one that has the open water area on the east edge of the site
The open water was excavated pre WCA This is apparent on historic photos and the owner has the
grading plan
Is is possible to grant the exemption based on the above information do you need further information or
should we meet sometime
Thanks
Ben Meyer WDe
Sr Wetland Scientist
Bonestroo Rosene Anderlik Assoc
2335 West Highway 36
St Paul MN 55113
Direct Phone 651 604 4767
Fax 651 636 1311
Email bmeyer@bonestroo com
Web www bonestroo com
Message
Haak Lori
From Meyer Benjamin L bmeyer@bonestroo com
Sent Thursday November 16 2006 847 AM
To Haak Lori
Subj ct Ag exemption determination
Attachments Dorsey wetland map pdf
Page 1 of 1
Lori
Attached is the wetland map for the Dorsey property The wetland boundaries were estimated and GPS surveyed
by me The owner would like to apply for the Ag Exemption MN Rule 8420 0122 Subpart 1 D which states that
activities on agricultural lands are exempt in Type 1 and if less than 2 acres on Type 2 wetlands The majority of
the wetlands proposed for cultivation are reed canary grass dominated Type 1 wetlands The only Type 2 wetland
is the one that has the open water area on the east edge of the site The open water was excavated pre WCA
This is apparent on historic photos and the owner has the grading plan
Is is possible to grant the exemption based on the above information do you need further information or should
we meet sometime
Thanks
Ben Meyer WDe
Sr Wetland Scientist
Bonestroo Rosene Anderlik Assoc
2335 West Highway 36
S1 Paul MN 55113
Direct Phone 651 604 4767
Fax 651 636 1311
Email bmever@bonestroo com
Web www bonestroo com
6 272007
l
W
I
m
i t
ihl M
d c
At
i
iI 1f
r
RICK DORSEY
DORSEY AND FOX AG EXEMPTION
EXHIBIT A Bonestroo
Rosene
N ii1 Anderlik0300AssociatesII
Scale in feet EngIneers ArchItects
2005 AERIAL PHOTO November 13 2006
GPS APPROX WETLAND BOUNDARIES
J 8LM Marketing Oorsey Site Chanhassen GPS map dwg
I
I
SA MS s 14 06 103B lOl 103B 3355 103G 2242
HIST IB SR 274 22 SR 1877 25 SR 152 27 SR 135
I
i
8420 0115 SCOPE OF EXEMPTION STANDARDS
Persons proposing to conduct an exempt activity are
encouraged to contact the local government unit or the local
government unit s designee for advice on determining whether a
proposed project is eligible for an exemption and to evaluate
alternatives to avoid or minimize wetland impacts
An activity is exempt if it qualifies for any one of the
exemptions even though it maybe indicated as not exempt under
another exemption
These exemptions do not apply to calcareous feris as
ideritified by the commissioner
No exemptions apply to wetlands that have been previously
restored or created as a result of an approved replacem ent
plan All such wetlands are subject to replacement on
subsequent drainage excavation or filling
Wetlands may not be partially drained excavated or filled
in order to claim an exemption or no loss deter ination on the
remainder Therefore no exemptions or no loss determinations
can be applied to the remaining wetland that would not have been
applicable before the impact Exemptions may not be combined on
a wetland that is impacted by a project
Present and future owners of wetlands drained or filled
wi thout replacement unCl er an exemption in part 8420 0122
subparts 1 and 2 item B can make no use of the wetland area
after it is drained excavated or filled other than as
agricultural land for ten years after the draining ex6avating
or filling unless it is first replaced under the requirements
of Minnesota Statutes section 103G 222 Also for ten ye rs
the wetland may not be restored for replacement credit Except
for land in public ownership at the time of draining
excavation or filling the landowner shall record a notice of
these restrictions in the office of the county recorder for the
county in which the project is locaied At a minimu the
recorded document must contain the name or names of the
landowners a legal description of the property to which the
restrictions apply a statement of the restrictions the date on
which the ten year period expires the name of the local
government which certified the exemption if such occurred the
signatures of all owners arid an acknowledgment
A person conducting an activity in a wetland under an
exemption in part 8420 0122 shall ensure that
A appropriate erosion control measures are taken to
prevent sedimentation of the water
B the activity does not block fish activity in a
watercourse and
C the activity is conducted in compliance with all
other applicable federal state and local eq irements
j
79
M C
iI
I
Ij
2
i
i
I
I
1
j
n 1
including best management practices as listed in part 8420 0112
and water resource protection requirements established under
Minnesota Statute chapter 103H
SA MS s l4 06 103B 10l 103B 3355 103G 2242
HIST 18 SR 274 22 SR 1877 25 SR l52 27 SR 135
8420 0120 Repealed 22 SR 1877
8420 0122 EXEMPTION STANDARDS
Subpart 1 Agricultural activities A replacement plan
for wetlands is not required for
A activities in a wetland that was planted with
annually seeded crops or was in a crop rotation seeding of
pasture grass or legumes in six of the last ten years prior to
January 1 1991 Documentation such as aerial photographs
United States Depar ent of Agriculture records or affidavit of
landowner must be required by the localqovernment unit to show
and use as evidence for this exemption Land eligiblefor this
exemption must be wetland types 1 and 2
B activities in a wetland that is or has been
enrolled in the federal Conservation Reserve Program that was
planted with annually seeded crops or was in a crop rotation
seeding in six of the last ten years prior to being enrolled in
the program and has not been restored with assistance from a
public or private wetland restoration program
Federal documentation that the wetland is or has been enrolled
in the federal Conser ation Reserve Program may be used as
evidence for this exemption The landowner must also meet the
same requirements of item A except that the years required are
at least six of the ten years recedingthe year of enrollment
in the federal Conservation Reserve Program The landowner must
also state in writing that the wetland was not restored with
assistance from a public or private wetland restoration fund or
that the restoration was done under a contract or easement
providing the landowner with the right to drain the restored
wetland
C activities in a wetland that has received a
commenced drainage determination provided for by the federal
Food Security Act of 1985 that was made to the county USDA
office prior to September 19 1988 and a ruling and anysubsequentappealsorreviewshavedeterminedthatdrainage of
the wetland had been commenced prior to December 23 1985 The
landowner must provide United States Department of AgriculturedocumentsconfirmingthatthecountyUSDAofficedetermined
before September 19 1988 that drainage had beguh before
December 23 1985 and that the determination has not been
overturned by subsequent appeal or review and is not currentlyunderadministrativereview
D 1 activities in a type 1 wetland on agriculturallandexceptforbottomlandhardwoodtype1wetlandsand
80
MC C
1
Ijo
I
II
I
j
1
i
1 activities in a type 2 or type 6 wetland that is less than two
acres in siz and located on agricultural land
2 this exemption may be expanded to additional
acreage including types 1 2 and 6 wetlands that are part ofa
larger wetland system when the additional acreage is part of a
conservation plan approved by the local soil and water
conservation district the additiorial draining or filling is
necessary for efficient operation of the farm the hydrology of
the larger wetland system is not adversely affected and
wetlands other than types 1 2 and 6 are not drained or filled
3 the exemption in subitem 2 is subject to
the size limits included in subitem l
E aquaculture ac ivities including pond excavation
and construction and maintenance of associated access roads and
dikes au horized under and conducted in accordance with a
permit issued by the United States Ariny Corps of Engineers under
section 404 of the federal Clean Water Act United States Code
title 33 section 1344 but riot including construction or
expansion of buildings
F wild rice producti6n activities including
necessary diking and other activities authorized under a permit
issued by the United States Army Corps of Engineers under
section 404 of the federal Clean Water Act United States Code
title 33 section 1344
G normal agricultural practices to control noxious
or secondary weeds as defined by rule of the commissioner of
agriculture in accordance with applicable requirements under
state and federal law including established best management
practices and
H agricultural activities that are
1 in a wetland that is on agricultural larid
annually enrolled irior determined to be eligible or b nefits
under the federal Agriculture Improyement and Reform Act of
1996 Public Law Number 104 127 or
2 subject to subsequent federal farm program
restrictions that meet minimum state standards under this
chapter and Minnesota Statute sections l03A 202 and 103B 3355
and that have been approved by the board of water and soil
resources the commissioners of natural resources and
agriculture and the pollution control agency The approved
conditions and standards shall be noticed by the board o local
government units and published in the State Register The
conditions and standards shall take effect 30 dayi after
publication and remain in effect unless superseded by subsequent
statute rule or notice in the State Register This exemption
may be applied to a ricultural land annually enrolled in the
federal Farm Program as long as wetlands are not drained
excavated or filled beyond what is
a allowed under the other exemptions in
this part
81
i
I
i
JIJi
ilitJi
1 1H
IiIiIiIlilil
i
i
Iii 1
Ji11
b necessary to replace maintain or
repair existing private drainage infrastructure with a capacity
not to exceed that which was originally constructed or
c replaced at a ratio of 1 1 or greater
under United tates Department of Agriculture provisions as
supported by documentation from the United States Department of
Agriculture which must be included as evidence to support this
exemption
If the activity would result in loss of eligibility the
landowner cannot qualify for the exemption
Subp 2 Drainage
A For the purposes of this subpart public drainage
system means a drainage sistem as defined in Minnesota
Statutes section l03E OOS subdivision 12 and any ditch or
tile lawfully connected to the drainage system
B A replacement plan is not required for draining of
type 1 wetlands or up to five acres of type 2 or type 6
wetlands in an unincorporated area on land that has been
assessed drainage benefits for a public drainage system
provided that
1 during the 20 year period that ended January
1 1992
a there was an expenditure made from the
drainage system account for the public drainage system
b the public drainage system was repaired
or maintained as approved by the drainage authority or
c no repair or maintenance of the public
drainage system was required under Minnesota Statutes section
103E 705 subdivision 1 as determined by the public drainage
authority and
2 the wetlands are not drained for conversion
to
a platted lots
b planned unit commercial or industrial
developments or
c any development with more than one
residential unit per 40 acres
If wetlands drained under this item are converted to uses
prohibited under subitem 2 during the ten year period
following drainage the wetlands must be replaced under
Minnesota Statutes section l03G 222
C A replacement plan is not required for draining
excavating or filling of wetlands except for draining types 3
4 and 5 wetlands that have been in existence for more than 25
years resulting from maintenance and repair of existing public
drainage systems conducted or authorized by a public drainage
authority pursuant to Minnesota Statutes chapter 103E
D A replacement plan is not required for draining
excavating or filling of wetlands except for draining wetlands
that have been in existence for more than 25 years resulting
82
than public drainage systems
For items C arid D the landowner must provide documentation
that the wetlands which will be partially or completely drained
by the maintenance have not existed for more than 2S years
Documentation may include but is not limited to a rial
photographs climatological records soil borings vegetative
analysis elevation urveys or sworn affidavits
E A replacement plan is not required for draining
excavating or filling of wetlands resulting from activities
conducted as part of a public drainage system improvement
project that received final approval from the drainage authority
before July 1 1991 and after July 1 1986 if
1 the approval remains valid
2 the project remains active and
3 no additional drainage will occur beyond that
originally approved
F The public drainage authority may as part of the
repair install control structures realign the ditch construct
dikes along the ditch or make other modifications as necessary
to prevent drainage of the wetland
G Wetlands and public waters of all types that could
be drained as a part of a public drainage repair project are
eligible for the permanent wetlands p eserve program established
under Minnesota Statutes section 103F 516 The board shall
give priority to acquisition of easements on types 3 4 and 5
wetlands that have been in existence for more than 25 years on
public drainage systems and other wetlands that have the
greatest risk of drainage from a public drainage repair project
Subp 3 Federal approvals A replacement plan for
wetlands is not required for activities described in items A and
B
A Activities exempted from federal regulation under
United States Code title 33 section 1344 f as in effect on
January 1 1991
The local government unit may certify the exemption only if
the landowner furnishes proof of qualification for one of the
exemptions from the United States Army Corps of Engineers
This exemption does not apply to a project with the purpose
of converting a wetland to a nonwetland either immediately or
gradually or converting the wetland to another use or when the
fill will result in significant discernibl change to the flow
or circulation of water in the wetland or partly draining it
or reducing the wetland area
B Activities authorized under section 404 of the
federal Clean Water Act United States Code title 33 section
1344 or section 10 of the Rivers and Harbors Act of 1899
United States Code title 33 section 403 and regulations that
meet minimum state standards under this chapter and that have
been approved by the board of water and soil resources the
83
I irJl
I i
1 I
I ijifI
1I in
t
t 1IIIilirifI
fI
f
iIJ
J
t
f
j
fI
f
I
WIf
IIfr
f
fr
I
fnf
I tf
h
V
f
j
f
t
i I
i
7 N 1
I
I
i
t
1
i
3
Ii
i
i
I
III
I
I
i
I
c The local government unit and soil and water
conservation district may charge processing fees in amounts not
greater than are necessary to cover the reasonable costs of
implementing thi chapter and for technical and administrative
assistance to landowners in processing other applipClt ms for
projects affecting wetlands
SA MS s l4 06 103B 10l 103B 3355 103G 2242
HIST 18SR 274 22 SR 1877 25 SR 152 27 SR135
8420 0210 EXEMPTION DETERMINATIONS
A landowner intending to drain or fill a wetland without
replacement claiming exemption under part 8420 0122 may
contact the local government unit before beginning draining or
filling activities for determination whether or not the activity
is exempt A landowner who does not request a determi nation may
be subject to the enforcement provisions in part 8420 029cr and
Minnesota Statutes section 103G 2372 The local government
unit must keep on file all documentatibn and findings of fact
concerning exemption determinations for a period of ten years
An exemption may apply whether or not the local government
unit has made an exemption determination If the landowner
requests an exemption determination then the local government
unit must make one
The landowner applyin for exemption is responsible for
submitting theproofne6essary to show qualification for the
particular exemption claimed including proof of the requisite
property rights to do the activity The local overnment unit
may evaluate evidence for an exemption without making a
determination
The local government unit decision shall be based on the
exemptions standards in part 8420 0122 If the decision
require a firtding 6f wetiand ize or t pe the local government
unit should seek the advice of the tebhnical panel as described
in part 8420 0240 The local government unit decision must be
made in compliance with Minnesota Statutes section 15 99 The
local government unit decision must be sent to the landowner
members of the technical evaluation panel the watershed
district or water managemeni organization if there ii one the
com issioner of natural resources and individual members of the
public who request a copy within ten working days of the
decision
SA MS s 14 06 103B lOl 103B 3355 103G 2242
HIST 18 SR 274 22 R 1877 25 SR 152 27 SR 135
i
8420 0220 NOLOSS DETERMINATIONS
A landowner unsureifprop6sed work will result in a loss
of wetl nd may apply to the local government unit for a
determination A landowner who does not request a determination
may be subject to the enforcement p ovisions in part 8420 0290
and Minnesota Statutes section 03G 2372 The local government
89
v
ITY 0 F
CHANHASSEN
51
c DATE 1 4 89
C C DATE 1 23 89
CASE NO 88 16 WAP
Prepared by Hanson v
STAFF REPORT
PROPOSAL Wetland alteration permit for alteration of a
Class B wetland on property zoned A 2 to create a
wildlife pond
t
Z
J
0
a
1tiKm by city dmln strnW
EndOr Ad r
Pr
MGdiH8d n
LOCATION 1551 Lyman Boulevard Rej8r tsd
APPLICANT Patricia and George Dorsey
1551 Lyman Boulevard
Chanhassen MN 55317
D2l8
Date SUlf 1it Jd i a Gmmi sJo
I LJ g1
fjitSt b U t GD i
J 3 L
PRESENT ZONING A 2 Agricultural Estate
ACREAGE 40 Acres
DENSITY
lLJ WATER AND SEWER Not available to the site
I
f PHYSICAL CHARAC The site generally slopes to the south and
west with the Class B wetland located to
the south
ADJACENT ZONING
AND Ll ND USE N A 2 Residences
S A 2 Agricultural
E A 2 Agricultural
W A 2 Agricultural
2000 LAND USE PLAN Agricultural
r
I
IJOfvat
po
Dorsey WAP
January 4 1989
Page 2
APPLICABLE REGULATIONS
Section 20 421 requires a wetland alteration permit for the
creation of a pond within a Class B wetland
BACKGROUND
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 Those conditions are outlined in
Attachment 1
ANALYSIS
The applicant has provided a proposed plan for the pond This
plan provides a free form shape with appropriate slopes The
bottom of the pond will be uneven as specified in the third con
dition of the Fish and Wildlife Service The basin will have a
water level control The applicant needs to place a layer of
topsoil muck from an existing wetland being filled on the bot
tom of the basin A fringe of shrubs needs to be added on the
upland surrounding the basin
The applicant has noted the disposal site for materials to be
excavated and provided erosion control measures on the downslope
side of the disposal site
RECOMMENDATION
The planning staff recommends that the Planning Commission adopt
the following motion
The Planning Commission recommends approval of Wetland
Alteration Permit No 88 16 with the following conditions
1 Written approval of the alteration plan from the Fish and
Wildlife Service that the proposal conforms to their six con
ditions for ponds
PLANNING COMMISSION ACTION
The Planning Commission recommended approval as noted above with
staff s recommended condition
STAFF UPDATE
After the Planning Commission meeting I talked with Paul Burke of
the Fish and Wildlife Service and he stated the plans as proposed
by Dorsey were acceptable and recommended approval as submitted
e
Dorsey WAP
January 4 1989
Page 3
CITY COUNCIL RECOMMENDATION
Staff recommends the City Council adopt the following motion
The City Council approves Wetland Alteration Permit 88 16 sub
ject to the plans stamped Received December 12 1988
LAND DEVELOPHENT APPLICATION
CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen MN 55317
612 937 1900
S lcLCVl 1VAPPLICANTGentGEJ 5e
ADDRESS ISs l maI l 1 d
v
o bY S v v Y 7
Zip Code
TELEPHONE Daytime I 03
I
OWNER G e r Q r tCi
ADDRESS ISI 1 v
C c se 55 a t7
Zip Code
TELEPHONE 44 RPo
REQUEST
Zoning District Change Planned Unit Development
Zoning Appeal
Zoning variance
Sketch Plan
preliminary plan
Final Plan
Zoning Text Amendment Subdi vision
Land Use Plan Amendment Platting
Metes and Bounds
Conditional Use Permit
Site plan R eview
Street Easement Vacation
Wet lands Permit
PROJECT NAME
PRESENT LAND USE PLAN DESIGNATION
REQUESTED LAND USE PLAN DESIGNATION
PRESENT ZONING
REQUESTED ZONING
USES PROPOSED lJcrJ
X SIZE OF PROPERTY I 0 aCr e5
LOCATION h W SlO Ytj 3 l Wf tI Ct K 3
K REASONS FOR THIS REQUEST e i GA A vi J
LEGAL DESCRIPTION Attach legal if necessary
W JiIIlt Ji i 1 i
h
City of Chanhassen
Land Development Application
P ag e 2
FILING INSTRUCTIONS
This applicqtion must be completed in full and be typewritten or
clearly printed and must be accompanied by all information and
plans required by applicable Cityordinance provisions Before
filing this application you should confer with the City Planner
to determiAe the specific ot Q inanc e and procedut al requirements
applicable to your application
FILING CERTIFICATION
The undersigned representative of the applicant hereby certifies
that he is familiar with the procedural requirements of all
applicable City Ordinances
Signed By Date a L cg
The undersigned hereby certLfies that the applicant has been
authorized to make this app ication for the property herein
described
Signed By
Date Application Received l 2gS
Application Fee Paid Z
City Receipt No jSCJ3 r
Date I I d V
S tyJU wncu lf
JO j
IfefW
fOpoGUl
1V1 q lil
P
I U e fl u tll fd e flbfO
eYl6 l cottdl
Pruf 1CO D
This Application will be considered by the Planning Commissionl
Board of Adjustments and Appeals at their
meeting
t It
690
City of Chanhassen
Coulter Drive P O Box 147
Chanhassen MN 55317
612 937 1900 fr
1 4J
REGION VItVATERSSteohenHansoncityplanner
Date December 13 1988
To Develornent Plan Referral Agencies
From Planning Department By
Subject W9tland AIteration Pennit to create a pOnd in a Class B wetland on
property zoned A 2 Aqricultural Estate and located at 1551
Blvd
Planning Case 88 16 WAPI rsey
The above described application for approval of a land development proposal was
filed with the Chanhassen Planning DepartlleI1t on ceTiber 12 1qRR
In order for us to provide a complete analysis of issues for Planning Commission
and City Council review we would appreciate your comnents and recomnendations
concerning the impact of this proposal on traffic circulation existing and pro
posed future utility services storm water drainage and the need for acquiring
public lands or easements for park sites street extensions or improvements and
utilities Where specific needs or problems exist we would like to have a
itten report to this effect from the agency concerned so that we can make a
recommendation to the Planning Comnission and City Council
This application is scheduled for consideration by the Chanhassen Planning
Corrmission on January 4 1988 at 7 30 p m in the Council Chambers at
Chanhassen City Hall We would appreciate receiving your cormnents by no later
than December 23 1988 You may also appear at the Planning Comnission
meeting if you so desire
Your cooperation and assistance is greatly appreciated
1 City Departments
City Engineer
b City Attorney
c City Park Director
d Public Safety Director
e Building Inspector
OWaterShed District Engi eer
3 Soil Conservation Service
MN Dept of Natural Resources
8 Telephone Company
NW Bell or United
9 Electric Company
NSP or MN Valley
10 IWENCable System
4 MN Dept of Transportation
11 Roger Machmeier Jim Anderson
i U S Fish and wildlife
13 Carver County Engineer5USAnnyCorpsofEngineers
6 Minnegasco 14
Other
2 1 ee
M DIIlRj YllhtuA tMQ to IN
lc Li p
I
C TY Of CHANHASSEN
RECE1 lED
F i gB8ldJI
CHANHASSEN PLANNiNG DEPT
NO LYMAN BLVD
C S A HWt
o 50 100 I
12 10 12
m
o PROPOSED POND
C EROSION CONTROL
o DISPOSAL SITE
Op06fDI o eY f3Nt
Planning Commission Meeting
January 4 1989 Page 40
PUBLIC HEARING
WETLAND ALTERATION PERMIT TO CREATE A POND IN A CLASS B WETLAND ON
PROPERTY ZONED A 2 AGRICULTURAL ESTATE AND LOCATED AT 1551 LYMAN
BOULEVARD GEORGE DORSEY
Public Present
George Dorsey Applicant
Rick Dorsey
Steve Hanson presented the staff report Chairman Conrad called the
public hearing to order
Rick Dorsey I just have one comment The question being the shrubs on
the upland side We will do that if necessary but introducing something
to the area that s not natural we question the need for it
ElIson Is that under one of the six conditions
Conrad No it s just under the analysis portion Dr Rockwell is
really quite a good expert that we have a lot of confidence in Any other
public comments
Headla moved Emmings seconded to close the public hearing All voted in
favor and the motion carried The public hearing was closed
Headla I went on that field trip with Dr Rockwell and Jo Ann She
spoke very highly of what they re proposing and I don t remember any
discussion of shrubs at all That s all I have to say I m highly in
favor of it
Wildermuth It s refreshing to see somebody creating a wetland rather
than trying to fill one in Is that a topographical map Steve
Hanson Yes it is
Wildermuth On the north side of the pond where we re proposing that the
shrubline be put in
Hanson Let me clarify one thing on the shrub line The reason I put
that in the memo is when you look at the six conditions of the Fish and
Game there s a reference in there The shrub plantings around it I
have not been privy as to whether Dr Rockwell may have suggested that as
a condition or not so either include it as just one of the standard
conditions that they normally have utlized for that improvement
Wildermuth What I m wondering is what s the difference in elevation
between the surface of the pond and where the proposed shrubline would be
Hanson The top surface of the pond is I believe it s 889 versus 890 up
here Very shallow
f
Planning Commission Meeting
January 4 1989 Page 41
wildermuth If we did persist in requiring that shrubline in there it
would essentially block the view of the pond from the
Rick Dorsey They would also probably die
Wildermuth What s your feeling on that Steve
Hanson My feel on it is I put it in there because it s listed in our
standard conditions and that s why in the recommendation I said pending
getting that written response from the Fish and Wildlife on what their
recommendation on how to those six standards would be applied to this
particular case What the applicant is saying is what they recommend I
don t have a problem with that I m not asking for something more
Wildermuth I m not either
Batzli I assume that is this the plan that you received from the
applicant that we re looking at here
Hanson Yes
Batzli I guess I d like to see typically on a wetland alteration permit
we reference the plan with what they re going to do and I d like to see
that included either in any proposal or recommendation that we want to put
that you re recommending approval of the wetland permit based on plans
that we ve got in front of us I don t have a good feel at all for
whether they need shrubs or not to be quite honest with you I don t
recall that being one of the six conditions I know I see them there but
I never recall seeing that one before so it surprises me I guess I would
leave it to the experts in this being the Fish and Wildlife Service saying
whether they think it s required in this If the person visited the site
and never mentioned it I say we can leave that one off but I would like
to see that what they re going to do here is what we see in front of us
tonight
Ellson I m pretty much in agreement with all these guys I ll go along
with what the experts say but it seems to be like some of the other
things I wish we would have had it as of now Maybe we should be giving
people dates as to when they get all their ducks in a row or what have you
but here we are again approving something without the other thing again
but I could do that That s about it
Emmings This is the first one of three that your application doesn t say
a damn thing
Conrad Steve it s not the right one I wasn t even going to bring that
up
Emmings I like the reasoning though Required by the City It looks to
me from the six conditions that if there s going to be any shrubs at all
they re actually supposed to be right down by the edge of the water is
what it sounds like Not up the hill but again I ll go along with
f
Planning Commission Meeting
January 4 1989 Page 42
everybody else in that I think it s a reasonable approach to run the
plan by Fish and Wildlife If they re satisfied that it meets their
conditions that s certainly fine with me Otherwise it looks like a
fine plan
Erhart I think it s a great plan I also think that placing shrubs down
there is an expense that s unneeded because in that area what s going to
grow is going to grow and what s going to die is going to die There s so
much vegetation there that it would quickly reseed itself and that will
take care of itself and go back to it s natural state
Conrad Yes I like the plan and I don t think we need the shrubs Is
there a motion
Batzli I move that the Planning Commission recommend approval of Wetland
Alteration Permit 88 16 based on the plans stamped received I d like
staff to fill in when they were received subject to the following
conditions and then the 1 condition that s set forth by the staff
Ernmings Second
Batzli moved Ernmings seconded that the Planning Commission recommend
approval of Wetland Alteration Permit 88 16 based on the plans stamped
Received December 12 1988 and subject to the following condition
1 Written approval of the alteration plan from the Fish and Wildlife
Service that the proposal conforms to their six conditions for ponds
All voted in favor and the motion carried
PUBLIC HEARING
WETLAND ALTERATION PERMIT TO DREDGE SILT ACCUMULATION FROM AN EXISTING
CHANNEL IN A CLASS A WETLAND ON PROPERTY ZONED RSF SINGLE FAMILY
RESIDENTIAL AND LOCATED GENERALLY SOUTH OF THE LOTS FRONTING ON WASHTA BAY
ROAD MINNEWASHTA MANOR CHANNEL HOMEOWNERS ASSOCIATION
Public Present
Name Address
Harry Niemela 2901 Washta Bay Road
Steve Hanson presented the staff report Chairman Conrad called the
public hearing to order
Conrad Does it meet our ordinance
Hanson As far as the disposal area
City of Chanhassen
Carver and Hennepin counti tnn e s ota
In the matter of Chanhassen Planning Case 88 16 wetland Alteratifu pennit
Owner Ibrsey Ibrsey APPlil sey
Street Address 1551 Lyrran Boulevard P I N 2500230400
Zoning District A 2 Agricultural Estate
The above entitled matter was heard before the planning Cbmmission
on January 4 1989 and up for final
action before the Chanhassen City Council on January 23 1989
The City Council ordered that a vetland alteration permit
be granted based upon the documentation contained in
Planning File 88 16 Wetland Alteration Permit subject to the plans in filedatedDecember121988
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF CARVER
Filing Feeil 10Thisistocertiythatthis doclL1entileintofficeo1AJleKday
o 19J1LA D at o clock
M and was duly recorded as
document no
State of Minnesota
ss
Carver County
108338
CARL W HANSON JR
Co
M YiG G
I Stephen Hmson City Planner for the City of Chanhassen
do hereby certify that I have compared the foregoing with the
original record thereof and have found the same to be a correct
and true summary thereof
Witness my hand and official seal of Chanhassen Minnesota this
30th day of Janllary 1989
Chanhas en City Planner
r
c
N rd4l
I I
c
NPWRC Wetlands of the United States Their Extent and Their Value to Waterfowl an Page 1 of 4
Northern Prairie Wildlife Research Center
Wetlands of the United States
Their Extent and Their Value To Waterfowl and Other
Wildlife
By
Samuel P Shaw and C Gordon Fredine
Preface
Undisturbed marshes swamps and overflow lands have many inherent values and a variety of uses
This report is confined to the use of these natural wetlands by wildlife Millions of Americans rely on
wild animals to furnish them with healthful outdoor recreation
Other values of wetlands include the storage of ground water the retention of surface water for farm
uses the stabilization of runoff the reduction or prevention of erosion the production of timber the
creation of firebreaks the provision of an outdoor laboratory for students and scientists and the
production of cash crops such as minnows for bait marsh hay wildrice blueberries cranberries and
peat moss Some wetlands provide good fishing
This report points out relative values of different types of wetlands to wild game in general and to
waterfowl in particular It locates and describes areas that should be protected and improved to meet
the needs of a stable or increasing waterfowl population The information is presented with the fervent
hope that it will assist and stimulate the establishment of more comprehensive land use programs and
policies The inventory was financed largely by funds derived from the sale of Federal Duck Stamps
http www npwrc usgs gov resource wetlands uswetlanlindex htm 7 1212007
NPWRC Wetlands of the United States Their Extent and Their Value to Waterfowl an Page 2 of 4
The wetlands data on which this report is based were gathered by the U S Fish and Wildlife Service
with the cooperation of various State fish and game agencies Much of the assessment of waterfowl
values was made by State biologists for their respective States
This resource is based on the following source
Shaw Samuel P and C Gordon Fredine 1956 Wetlands of the United States
their extent and their value to waterfowl and other wildlife U S
Department of the Interior Washington D C Circular 39 67pp
This resource should be cited as
Shaw Samuel P and C Gordon Fredine 1956 Wetlands of the United States
their extent and their value to waterfowl and other wildlife U S
Department of the Interior Washington D C Circular 39
Northern Prairie wildlife Research Center Online
http www npwrc usgs gov resource wetlands uswetlan index htm
Version 05JAN99
Summary of Chapters
The Problem of Saving Wetlands
The nature of wetlands
Cooperative planning
A Century of Wetland Exploitation
Swamp Land Acts of 1849 1850 and 1860
Previous inventories
Evidences of wetland losses
Organized drainage enterprises
Other destructive forces
Wetland Soils
Peats and mucks
Alluvial soils
Future outlook
The Wetlands Inventory
Areas covered
Classification
Evaluation
The 20 Wetland Types
Inland fresh areas
Inland saline areas
Coastal fresh areas
Coastal saline areas
Use of the Inventory
Water control and land use planning
http www npwrc usgs gov resource wetlands uswetlanlindex htm 7 1212007
NPWRC Wetlands of the United States their Extent and Their Value to Waterfowl an Page 3 of 4
Flyway management
Wetland preservation and development
Encouraging local wetland projects
Public Waterfowl Areas
Role of refuges
Refuges under public control
Refuges and hunting
Refuge management
Future of refuge programs
Improving Wetlands for Waterfowl
Contributions to Other Wildlife
Glossary of Plant Names
List of References
Text Figures
Figure 1 Agricultural land acreage as of Jan 1 1950 in drainage enterprises
Figure 2 Extent and present value of wetland types
Figure 3 n Flyway areas used in analyzing the relative importance of wetland types to
waterfowl
Figure 4 n Typical bog and a dam which made the bog into a good waterfowl pond in New
Hampshire
Figure 5 Horicon Marsh in Dodge County Wis
Figure 6 n Pothole blasted by Wisconsin Conservation Department in Rat River Marsh
Winnebago County Wis
Figure 7 n Highway pond above Portsmouth N H where new turnpike was used as a dam
to impound a former salt marsh
Figure 8 Fenced stock water pond in eastern Montana
Figure 9 n Marsh in Cattaraugus County N Y Showing stages of watrefowl habitat
improvement project
Figure 10 Willow Slough State game Preserve Newton County Ind
Figure 11 n Pheasant hunters in marsh in Emmett County Iowa
Figure 12 Beaver pond in Michigan which created good waterfowl habitat
Plates
Plate 1 Seasonally flooded basins or flats
Plate 2 n Inland fresh meadows
Plate 3 Inland shallow fresh marshes
Plate 4 Inland deep fresh marshes
Plate 5 Inland open fresh water
Plate 6 Shrub swamps
Plate 7 Wooded swamps
Plate 8 Bogs
Plate 9 Inland saline flats
Plate 10 Inland saline marshes
Plate 11 Inland open saline water
Plate 12 Coastal shallow fresh marshes
Plate 13 Coastal deep fresh marshes
Plate 14 n Coastal open fresh water
Plate 15 Coastal salt flats
http www npwrc usgs gov resource wetlands uswetlanlindex htm 7 1212007
NPWRC Wetlands of the United States Their Extent and Their Value to Waterfowl an Page 4 of 4
Plate 16 Coastal salt meadows
Plate 17 Irregularly flooded salt marshes
Plate 18 Regularly flooded salt marshes
Plate 19 Sounds and bays
Plate 20 Mangrove swamps
Plate 21 Distribution of wetlands of the United States
Tables
Table 1 n Acreage granted to States for swamp reclamation
Table 2 n Change in wetland acreage since 1850
Table 3 n Growth and condition of land in drainage enterprises for specified years
Table 4 n Estimated acreage of fertile undeveloped land that is physically feasible to
provide with drainage in selected humid sections of the United States 1948
Table 5 n Description and acreage of wetland types in the United States
Table 6 Values of wetlands to waterfowl based on State unit determinations
Table 7 n Use of wetland types by game and fur animals
Table 8 n Number of game and fur species using wetlands
Downloading Instructions n Instructions on downloading and extracting files from this site
II uswetlan zip 37M Wetlands of the United States
Installation Extract all files and open index htm in a web browser
U S Department of the Interior I U S Geological Survey
URL http jjwww npwrc usgs govjresourcejwetlandsjuswetlanjindex htm
Page Contact Information npwrc@usgs gov
Page Last Modified August 24 2006
http www npwrc usgs gov resource wetlands uswetlanlindex htm 7 12 2007
NPWRC Wetlands of U S Page 1 of 12
Northern Prairie Wildlife Research Center
Wetlands of the United States
Their Extent and Their Value To Waterfowl and Other
Wildlife
The 20 Wetland Types
Inland fresh areas
Inland saline areas
Coastal fresh areas
Coastal saline areas
This chapter describes the 20 wetland types in relation to their usefulness as habitat for waterfowl
Wetlands do not all fit neatly into definite type classifications In this connection the Wetlands
Classification Committee reports
Because of the infinitely varied and intergrading physical and chemical conditions that
underlie the complex of wetlands in this country it would be impossible to create a useful
classification system that completely avoids over lapping of types recognized Some
degree of overlapping is acknowledged but it is believed that they are sufficiently
distinct to serve satisfactorily in evaluations of wetlands 9
In practical use however the system has served its intended purpose effectively
The 20 types of wetlands are grouped under four categories INLAND FRESH AREAS Types 1 to 8
http www npwrc usgs gov resource wetlands uswetlan types htm 7 122007
NPWRC Wetlands of U S Page 2 of 12
INLAND SALINE AREAS Types 9 to 11 COASTAL FRESH AREAS Types 12 to 14 and COASTAL
SALINE AREAS Types 15 to 20 In each category the types are arranged in order of increasing water
depths during the growing season Types 6 7 and 20 and oftentimes Type 8 are characterized by
growths of shrubs or trees From the standpoint of acreage Type 1 Seasonally flooded basins and
flats is the most abundant and Type 14 Coastal open fresh water is the least abundant
Figure 2 names each type in numerical order and indicates its area and value as waterfowl habitat In
this figure and in the type maps included in the plates at the end of the report Primary Importance
refers to wetland areas rated as high or moderate in value to waterfowl in the State inventories The
total acreage of primary importance in the United States is 224 million Since this figure is derived by
totaling values for individual States it should not be inferred that the percentages used in figure 2
apply uniformly throughout the country It is generally true however that the values of most
individual types tend to be rather consistent from one part of the country to another
Figure 3 shows the United States divided into eight flyway areas The heavy lines running north and
south are administrative boundaries of the four flyways commonly referred to in waterfowl
management The heavy east and west lines roughly divide each flyway into northern and southern
halves The eight resulting areas are convenient units for studying the abundance and importance of
wetland types
Most waterfowl breeding in the United States occurs in the four northern flyway areas and most of the
important wintering grounds are in the four southern ones Although there is considerable overlapping
of these seasonal activities particularly in States along the line between north and south wetlands in
the four northern areas generally make their most important contribution to breeding waterfowl and
those in the southern areas are used principally for wintering Wetlands in all eight flyway areas serve
as habitat during migration in some instances their primary value lies in this heavy use by migrant
birds
There follows a brief description of each wetland type with mention of its more important physical and
vegetative characteristics and a table of its acreage by flyway areas At the end of the report are 20
plates which include for each of the wetland types a map showing its general location abundance and
waterfowl value and a photograph of an area representative of the type The type distribution maps
are not comparable in acres per dot representation they vary from 1 dot for 500 acres in Type 14 to 1
dot for 50 000 acres in Type 1 This variation is necessary because of the tremendous range in acreage
totals among the 20 wetland types see table 5 The dots are based on county acreage data each dot
is located in or close to the county to which it applies When acreages for two or more counties are
combined in order to equal the amount represented by one dot the dot is close to the geographic
center of the counties involved
The symbols used to show relative waterfowl values by flyway areas are standardized for all the type
maps These symbols show what proportion of the habitat of a particular type in a particular flyway
area is judged to be of primary importance to waterfowl as follows
http www npwrc us gs gov resource wetl ands uswetlan types htrn 7 122007
NPWRC Wetlands of U S Page 3 of 12
VVETLAND ACREAGE RATED
OF PRlMARY IMPORTANCE
3 4 TO ALL
j 112 TO 3 4
14 TO 112
r LESS THAN 14
INLAND FRESH AREAS
Type 1 Seasonally flooded basins or flats pl1 The soil is covered with water or is
waterlogged during variable seasonal periods but usually is well drained during much of the growing
season This type is found both in upland depressions and in overflow bottom lands Along river
courses flooding occurs in late fall winter or spring In the uplands basins or flats may be filled with
water during periods of heavy rain or melting snow
Vegetation varies greatly according to the season and the duration of flooding It includes bottom land
hardwoods as well as some herbaceous growths Where the water has receded early in the growing
season smartweeds wild millet fall panicum tealgrass chufa redroot cyperus and weeds such as
marsh elder ragweed and cockleburs are likely to occur Shallow basins that are submerged only
very temporarily usually develop little or no wetland vegetation
Upland depressions included in the inventory are confined largely to the three Lake States the two
Dakotas Montana and the Panhandle of Texas In the northern States the presence of this temporary
water stimulates high waterfowl production by providing greater area for the establishment of
territories by breeding pairs When water occurs abundantly in the Panhandle the temporarily flooded
basins playas are used extensively by migrating and wintering waterfowl
The overflow bottom lands in the southern part of the Mississippi Flyway provide a major wintering
area for ducks as well as good shooting sites for hunters Particularly in good mast years feeding ducks
use bottom lands when they are flooded Although there remain more than 10 million acres of overflow
lands in Missouri Kentucky Tennessee Arkansas Mississippi and Louisiana most of the wintering
waterfowl in this flyway concentrate in certain key areas
IFlyway area Acres
Ipacific north 102 600
IPacific south 143400
ICentral north 357 700
ICentral south 2 856 400
IMiSSiSSippi north 1 134 000
IMiSSiSSippi south II 11 945400
IAtlantic north II 1 200
IAtlantic south II 6 551 400
Type 2 Inland fresh meadows pI 2 The soil usually is without standing water during most of
the growing season but is waterlogged within at least a few inches of its surface Vegetation includes
http www npwfc usgs gov resource wetlands uswetlan types htm 7 12 2007
NPWRC Wetlands of U S Page 4 of 12
grasses sedges rushes and various broad leaved plants In the North representative plants are carex
rushes redtop reedgrasses mannagrasses prairie cordgrass and mints In Florida cordgrasses and
various species of paspalums and beakrushes are common Meadows may fill shallow lake basins
sloughs or farmland sags or these meadows may border shallow marshes on the landward side Wild
hay oftentimes is cut from such areas
Fresh meadows are used somewhat in the North by nesting waterfowl but in most of the country their
value is mainly as supplemental feeding areas If shallow water can be impounded on them their value
can be increased considerably
IFlyway area Acres 1
Ipacific north 43 2001
IPacific south 289 5001ICentralnorth5788001
ICentral south 40 7001
IMiSSiSSippi north 2 383 3001
IMiSSiSSiPPi south 68 7001
IAtlantic north 30 7001
IAtlantic south 4 083 7001
Type 3 Inland shallow fresh marshes pI 3 The soil is usually waterlogged during the growing
season often it is covered with as much as 6 inches or more of water Vegetation includes grasses
bulrushes spikerushes and various other marsh plants such as cattails arrowheads pickerelweed and
smartweeds Common representatives in the North are reed whitetop rice cutgrass carex and giant
burreed In the Southeast maidencane sawgrass arrowhead and pickerelweed are characteristic
These marshes may nearly fill shallow lake basins or sloughs or they may border deep marshes on the
landward side They are also common as seep areas on irrigated lands
Marshes of this type are used extensively as nesting and feeding habitat in the pothole country of the
North Central States and elsewhere In combination with deep fresh marshes Type 4 they constitute
the principal production areas for waterfowl Florida and Georgia are the only States where the majority
of the shallow fresh marshes are considered to be of lesser importance to waterfowl Florida alone
contains more than 2 million acres of this type
IFlyway area Acres 1
Ipacific north 33 7001
Ipacific south 64 1001
ICentral north 817 6001
ICentral south 84 6001
IMiSSiSSippi north 758 5001
IMiSSiSSippi south I 15 3001
IAtlantic north II 35 9001
IAtlantic south II 2 159 9001
Type 4 Inland deep fresh marshes piA The soil is covered with 6 inches to 3 feet or more of
water during the growing season Vegetation includes cattails reeds bulrushes spikerushes and
wildrice In open areas pondweeds naiads coontail watermilfoils waterweeds duckweeds
http www npwrc usgs gov resource wetlands uswetlan types htm 7 1212007
NPWRC Wetlands of U S Page 5 of 12
waterlilies or spatterdocks may occur Water hyacinth and waterprimroses form surface mats in some
localities in the Southeast These deep marshes may almost completely fill shallow lake basins
potholes limestone sinks and sloughs or they may bdrder open water in such depressions
Deep fresh marshes constitute the best breeding habitat in the country and they are also important
feeding places In the Western States they are heavily used by migrating birds especially diving ducks
Florida and Texas are the only States in which the vast majority of these marshes are not rated as
being of primary importance to waterfowl
IFlywayarea Acres 1
Ipacific north 92 5001
IPacific south 62 5001
ICentral north 686 5001
ICentral south 46 8001
IMiSSiSSippi north 427 7001
IMiSSiSSippi south 21 5001
IAtlantic north 25 7001
IAtlantic south 984 1001
Type 5 Inland open fresh water pI 5 Shallow ponds and reservoirs are included in this type
Water is usually less than 10 feet deep and is fringed by a border of emergent vegetation Vegetation
mainly at water depths of less than 6 feet includes pondweeds naiads wildcelery coontail
watermilfoils muskgrasses waterlilies spatterdocks and in the South water hyacinth
In the pothole country of the North Central States Type 5 areas are used extensively as brood areas
when in midsummer and late summer the less permanent marshes begin to dry out The borders of
such areas are used for nesting throughout the Northern States Where vegetation is plentiful they are
used in all sections of the country as feeding and resting areas by ducks geese and coots especially
during the migration period
IFlyway area Acres I
Ipacific north 40 5001
IPacific south 51 9001
ICentral north 676 8001
ICentral south 87 1001
IMississippi north 1 000 2001
IMiSSiSSippi south 186 5001
IAtlantic north I 12 0001
IAtlantic south II 541 5001
Type 6 Shrub swamps pI 6 The soil is usually waterlogged during the growing season and is
often covered with as much as 6 inches of water Vegetation includes alders willows buttonbush
dogwoods and swamp privet Shrub swamps occur mostly along sluggish streams and occasionally on
flood plains They are used to a limited extent for nesting and feeding in the North and for roosting and
feeding in some of the Mississippi Alluvial Valley States Elsewhere shrub swamps are little used except
in a few special situations
http www npwrc usgs gov resource wetlands uswetlan types htm 7 122007
0
ta
water SoiI
Resources
June 7 2007
RECEiVED
JUN 1 3 2007
CITY OF CHANHASSEN
Lori Haak Water Resources Coordinator
City of Chanhassen
P O Box 147
Chanhassen MN 55317
Gerald Von Korff
Rinke Noonan
P O Box 1497
St Cloud MN 55302 1497
In Re Order Remand of Wetland Conservation Act Appeal
Jeff and Terri Fox City of Chanhassen Carver County File 07 15
Dear Ms Haak and Mr Von Korff
Please find enclosed an Order that remands the Wetland Conservation Act petition for appeal of Jeff
and Terri Fox dated May 4 2007 to appeal the April 6 2007 Wetland Conservation Act exemption
determination located in the NE l4 ofthe SW l4 of Section 23 T 116N R 23W City of Chanhassen
Carver County
Local administrative remedies have not been exhausted The appeal will be held in abeyance pending
completion ofthe administrative proceedings The proceedings must be completed within 60 days of the
date of the Order unless the parties mutually agree to an extension of time
Under remand the City of Chanhassen as the local government unit administering the Wetland
Conservation Act must conduct apublic hearing on the wetland exemption application The public hearing
must be presided over by a panel of at least three members All persons should be given a full and fair
opportunity to speak and submit information The information may consist of additional or new
information that was not previously considered All documents that are submitted or relied upon should
be identified on the record at the hearing The panel must develop an adequate record that considers a
written Technical Evaluation Panel report The decision must include sufficient written findings offact that
support the decision and address any disagreement if there is any with the Technical Evaluation Panel
report The proceedings ofthe hearing or hearings where the wetland exemption application is considered
should be tape recorded such that a verbatim transcript could be made available or adequate minutes must
Bemirfji Brainerd Duluth Fe3us Falls Marshall New Vim Rochester Saint Pwl
701 Minnesota Avenue 1601 Minnesota Drive 394 S Lake Avenue 1004 Frontier Trail 1400 E Lyon Street 261 Highway 15 S 2300 Silver Creek 520 Lafayette Road N
Suite 234 Brainerd MN 56401 Room 403 Fergus Falls MN 56537 Box 267 New VIm MN 56073 Road N E Saint Paul MN 55155
Bemidji MN 56601 phone 218 828 2383 Duluth MN 55802 phone 218 736 5445 Marshall MN 56258 phone 507 359 6074 Rochester MN 55906 phone 651 296 3767
phone 218 755 4235 fax 218 828 6036 phone 218 723 4752 fax 218 736 7215 phone 507 537 6060 fax 507 359 6018 phone 507 281 7797 fax 651 297 5615
fax 218 755 4201 fax 218 7234794 fax 507 537 6368 fax 507 285 7144
Web www bwsr state mn us TTY 800 627 3529 An equal opportunity employer @Printed on recycled paper
Lori Haak Gerald Von Korff
June 7 2007
Page 2
be taken The decision must be noticed in the same maimer as any wetland exemption determination An
appeal of the decision can be made The current appeal is finalized upon the city s decision being made
under remand and properly noticed
It is my understanding no panel board or commission has been previously delegated the authority to decide
on Wetland Conservation Act matters such as this Thus the City Council would conduct the public
hearing and make a final decision on the wetland exemption application
Please feel free to contact me at 651 297 2906 or at the Saint Paul address if I may be of further
assistance in this matter
Sincerely
CfIVLJimHaertel
Water Management Specialist
Enclosure
cc Greg Graczyk Carver SWCD
DRC Members
Tom Overton AG O
Doug Norris DNR Eco Services
BWSR John Jaschke Doug Thomas Dave Weirens Steve Woods Lynda Peterson Brad Wozney
Minnesota Board of Water and Soil Resources
520 Lafayette Road North
St Paul Minnesota 55155
In the Matter of the Wetland Conservation Act
appeal filed by Gerald Von Korff for Jeff and Terri
Fox of an exemption determination located in the
SW of Section 23 T 116N R 23W Carver County
ORDER
REMANDING
APPEAL
Whereas a petition dated May 4 2007 was received on May 7 2007 from Gerald Von Korff
Rinke Noonan on behalf of Jeff and Terri Fox to appeal a Wetland Conservation Act exemption
determination made by the City of Chanhassen Water Resources Coordinator on April 6 2007
located in the NE of the SW of Section 23 T 116N R 23W City ofChanhassen Carver
County and
Whereas the City of Chanhassen is the local government unit administering the Wetland
Conservation Act and
Whereas a Wetland Conservation Act wetland exemption application was made by Jeff and
Terri Fox on January 25 2007 and
Whereas the Wetland Conservation Act exemption determination made on April 6 2007 by the
City of Chanhassen Water Resources Coordinator was to deny the wetland exemption
application and
Whereas the Wetland Conservation Act Minn Stat SS 14 06 103B101 103B3355
103G2242 and Minnesota Rules Chapter 8420 0250 Subp 3 require a petition for appeal not be
granted when the petitioner has not exhausted all local administrative remedies and allows a
petition for appeal to be remanded to the local government unit when the petitioner has not
exhausted all local administrative remedies such as a local government unit public h aring and
Whereas effective on May 9 2007 after the April 6 2007 exemption determination and after
the May 4 2007 petition for appeal the Wetland Conservation Act Minn Stat S 103G 2242
Subd 2a Cd was revised to require appeals of decisions made by designated local government
staff to be made to the local government unit and
Whereas the City of Chanhassen Wetland Conservation Act exemption determination made on
April 6 2007 was made by a staff individual and no public hearing was held prior to the decision
on the wetland exemption application and
Whereas to qualify for the wetland exemption applied for the application must contain
sufficient evidence to support approval of the wetland exemption application
Now Therefore the Board makes the following Order
ORDER
The Board hereby remands to the City of Chanhassen the Wetland Conservation Act
petition for appeal of Gerald Von Korff Rinke Noonan on behalf of Jeff and Terri Fox
to appeal a Wetland Conservation Act exemption determination made by the City of
Chanhassen Water Resources Coordinator on April 6 2007 located in the NE 14 ofthe
SW 14 of Section 23 T 116N R 23W City ofChanhassen Carver County to conduct a
public hearing on the wetland exemption application to develop an adequate record that
considers a written Technical Evaluation Panel Report and includes written findings of
fact that support the decision and address any disagreement with the Technical Evaluation
Panel Report to tape record the hearing such that a verbatim transcript can be made or
adequate minutes taken and to notice the decision as required by the Wetland
Conservation Act pursuant to Minn Stat 103G 2242 Subd 9 and Minn Rules
Chapter 8420 0250 Subp 3 Under remand the deciSIon must be made within 60 days of
the date of this order unless the parties mutually agree to an extension of time Under
remand the appeal will be held in a1eyance
Dated at Saint Paul Minnesota this day of June 2007
MINNESOTA BOARD OF WATER AND SOIL RESOURCES
By 4 o
John G aschke Exec tIve DIrector
r IIfiCf
Mi faWSoiI
Resources
JIlJV
MEMORANDUM
RECEIVED
MAY 1 4 2007
CITY OF CHANHASSEN
May 9 2007
TO DRC Randy Kramer Kay Cook Louise Smallidge Paul Brutlag Quentin Fairbanks
Tom Overton A G O
Doug Norris DNR Eco Services
jtFRHaertel Water Jwagement Specialist
PH 651 297 2906
In Re WCA Appeal of an Exemption Determination
City ofChanhassen Carver County File 07 15
Please fmd enclosed acopy ofthe above referenced petition in which awetland exemption determinatIon is
being appealed The appeal regards the denial of a wetland exemption
Please contact me if you have any comments or questions
Enclosure
cc Lori Haak City of Chanhassen
Greg Graczyk Carver SWCD
Christie Eller A G O
BWSR John Jaschke Doug Thomas Dave Weirens Steve Woods Brad Wozney
Bemkii Brainerd Duluth Fergus Falls Marshall New Vim Rochester Saint Pmt
701 Minnesota Avenue 1601 Minnesota Drive 394 S Lake Avenue 1004 Frontier Trail 1400 E Lyon Street 261 Highway 15 S 2300 Silver Creek 520 Lafayette Road N
Suite 234 Brainerd MN 56401 Room 403 Fergus Falls MN 56537 Box 267 New Ulm MN 56073 Road N E Saint Paul MN 55155
Bemidji MN 56601 phone 218 828 2383 Duluth MN 55802 phone 218 736 5445 Marshall MN 56258 phone 507 359 6074 Rochester MN 55906 phone 651 296 3767
phone 218 755 4235 fax 218 828 6036 phone 218 723 4752 fax 218 736 7215 phone 507 537 6060 fax 507 359 6018 phone 507 281 7797 fax 651 297 5615
fax 218 7554201 fax 218 7234794 fax 507 537 6368 fax 507 285 7144
Web www bwsr state mn us TTY 800 627 3529 An equal opportunity employer @Printed on recycled paper
STATE OF MINNESOTA
BOARD OF WATER SOIL RESOURCES
The Matter of the Appeal ofJeff and Terri
Fox of the Determination ofthe Local
Government Unit s Findings and Conclusions
LGU City ofChanhassen
APPEAL OF WETLAND
CONSERVATION ACT
DETERMINATION
TO THE STATE OF MINNESOTA THROUGH ITS BOARD OF WATER SOIL
RESOURCES AGENCY ADMINISTERING THE WETLAND CONSERVATION
ACTION MINNESOTA STATUTES CHAPTER 103G RULES PART 8420
Jeff and Terri Fox for their appeal bfthe determination of the City ofChanhassen states
and alleges the following
1 Jeff and Terri Fox appeal the determination of the City of Chanhassen under the
Wetland Conservation Act as contained in the April 6 2007 Notice of Wetland Conservation
Act Decision and TEP Findings of Fact by Lori Haak Water Resources Coordinator City of
Chanhassen Exhibit 1
2 The City of Chanhassen is the Local Government Unit LGU implementing the
Wetland Conservation Act in Carver County Minnesota
3 The decision is contrary to law arbitrary and capricious and unsupported by
substantial evidence The decision maker applied the wrong standard of proof applying a
standard that required conclusive proof
4 Jeff and Terri Fox are owners of real property located in the NE 14 ofthe SW 1 4
of Section 23 Township 116N Range 23W in Carver County Minnesota PID 250230500
PMay 4 2007 C2007 05 02
F DATA20453 OOIIPleadingFox Appeal toBWSRwpd dvf 1
t
5 On or about January 25 2007 Jeff and Terri Fox submitted an application for
approval to fill so as to utilize type 1 wetlands for the purpose of agricultural production utilizing
standard farming practices and machinery
6 The property for which Jeff and Terri Fox are seeking a Wetland Conservation
Act exemption was at most a Type 1 Wetland entitled to an exemption declaration At the
hearing appellant presented evidence from a competent expert Ben Meyer a Senior
Environmental Consultant with Bonestroo Rosene Anderlik and Associates that the property in
question was a former Type 1 exempt wetland The panel visited the site on March 22 2007 at a
time that the ground was frozen A record snow approximately 30 inches had recently fallen
and then melted in about eight days just prior to the review causing flood waters to pond on the
frozen ground
7 The Panel erroneously failed to recognize that a storm pond in the area on
neighboring property is man 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
8 The decision fails to set out findings of fact which support a rmding that there is a
type 3 wetland The decision merely checks a box which provides insufficient explanation for
administrative or judicial review It fails to demonstrate that the panel applie the correct
standards or law or that it took a hard look at the evidence in light ofthe applicable law It is
PMay 4 2007 C2007 04 23
F DATA20453 001IPleadingFox Appeal toBWSR wpd dvf 2
impossible from the hearing decision to determine whether the panel applied the correct
standards or what evidence the panel considered or whether the panel was reviewing evidence
as of the appropriate time
9 As more fully explained in the Dorsey appeal a copy of which is ppended to this
appeal Exhibit 2 the record in this case consists of a variety of documents maps and other
submissions to the LGU and TEP as well as approximately one hour of testimony presented to
the panel and done in conjunction with the Dorsey case It appears based upon the decision of
the panel in the accompanying Dorsey case that in addition the panel was applying the wrong
burden of proof and that it believed that an exemption can only be granted upon conclusive
photographic evidence
Dated May 4 2007
RINKE NOONAN
By
Gerald W Yon Korff 11 32
Attorneys for Jeff and Terri Fox
1015 W St Germain St Ste 300
P O Box 1497
St Cloud MN 56302
320 251 6700
PMay 4 2007 C2007 04 23
F DATA20453 00IIPleadinglFox Appeal to BWSRwpd dvf 3
RINKE NOONAN
A T TOR N E Y S A T A W
SUITE 300 US BANK PLAZA p O Box 1497
1015 W ST GERMAIN STREET
ST CLOUD MINNESOTA 56302 1497
TELEPHONE 320 251 6700 FAX 320 656 3500
EMAIL MAIL@RNOON COM
WWW RNOON COM
REceIVED
MAY 0 7 2007
CITY OF CHANHASSENMay42007
Mr Jim Haertel
Minnesota Board of Water and Soil Resources
520 Lafayette Road North
S1 Paul MN 55155
Re OUI File No 20453 001
o
O
O
41
0
Enclosed for filing along with the filing fee of 200 00 is Jeff and Terri Fox s appeal of the
decision of the Local Government Unit City of Chanhassen By this letter I am also verifying to
you that on the same day we have mailed a copy of the Petition for Appeal to the LGU at the
following address
Dear Mr Haertel
City of Chanhassen
ATTN Lori Haak Water Resources Coordinator
7700 Market Boulevard
P O Box 147
Chanhassen MN 55317
Thank you for your prompt attention to this matter
Sincerely
RINKE NOONAN
By
Gerald W Yon Korff h
Idvf
Enclosures
cc Jeff and Terri Fox w encl
City ofCI1arrhassen w encl J
PMay2007C2007 05 02
F o Tr 20HJ OOI Lt1I rs BWSR appcallillllg Fo Vd dvf
R1I IKE NOONAN S OLEY DETER COLOMBO WIANT VON KOPF F HOBBS LTO
0 Michael Noonan
William A Smoley
Kurt A Deter1
Barrett LColombo
James LWiant
Gerald W Van Korff
Sharon G Hobbs
David J Meyers123 6
John J Meuers
Roger C JustinJ
John J Babcock
Jill A Adkins
Igor S Lenzner3
Gary R leistico
John C Kolb
Scott G Hamak
Pamela A Steckman
Stefanic L Brown
Tanya T Hinkemeyer
Ryan J Hatton
Benjamin B BohnsackJ
1im A Sime7
James A Mogen
Nicholas R Delaney
Chad D Miller
AdamA Ripple
Brodie L Miller
Sarah E Fisher
1 Qua d ed neulfal under Rule 114 2 A Rea Proper1 La SpeclalSIcendled by thetv1mrwsora Srale SarAssoclat on 3 Admllwd to pracriclawIn Vllscansm
4 Adr7llffed 10 PraCI ce lawNarlllOakora 5 AdtllllUd 10 practice IiIW Il SOIlth Dakota 6 Sflerhurne COUTlty Ejltntflerat Tirles 7 Admlfled10 pracrlce law In ArizOflD
t
STATE OF MINNESOTA
BOARD OF WATER SOIL RESOURCES
The Matter of the Appeal of Jeff and Terri
Fox of the Determination of the Local
Government Unit s Findings and Conclusions
LGU City of Chanhassen
APPEAL OF WETLAND
CONSERVATION ACT
DETERMINATION
TO THE STATE OF MINNESOTA THROUGH ITS BOARD OF WATER SOIL
RESOURCES AGENCY ADMINISTERING THE WETLAND CONSERVATION
ACTION MINNESOTA STATUTES CHAPTER 103G RULES PART 8420
Jeff and Terri Fox for their appeal of the determination of the City of Chanhassen states
and alleges the following
1 Jeff and Terri Fox appeal the determination of the City of Chanhassen under the
Wetland Conservation Act as contained in the April 6 2007 Notice of Wetland Conservation
Act Decision and TEP Findings of Fact by Lori Haak Water Resources Coordinator City of
Chanhassen Exhibit 1
2 The City of Chanhassen is the Local Government Unit LGU implementing the
Wetland Conservation Act in Carver County Minnesota
3 The decision is contrary to law arbitrary and capricious and unsupported by
substantial evidence The decision maker applied the wrong standard of proof applying a
standard that required conclusive proof
4 Jeff and Terri Fox are owners ofreal property located in the NE 14 of the SW 14
of Section 23 Township 116N Range 23W in Carver County Minnesota PID 250230500
PMay 4 2007 C2007 05 02
F DATA20453 00IIPleadinglFox Appeal to BWSRwpd dvf
t
5 On or about January 25 2007 Jeff and Terri Fox submitted an application for
approval to fill so as to utilize type I wetlands for the purpose of agricultural production utilizing
standard farming practices and machinery
6 The property for which Jeff and Terri Fox are seeking a Wetland Conservation
Act exemption was at most a Type 1 Wetland entitled to an exemption declaration At the
hearing appellant presented evidence from a competent expert Ben Meyer a Senior
Environmental Consultant with Bonestroo Rosene Anderlik and Associates that the property in
question was a former Type 1 exempt wetland The panel visited the site on March 22 2007 at a
time that the ground was frozen A record snow approximately 30 inches had recently fallen
and then melted in about eight days just prior to the review causing flood waters to pond on the
frozen ground
7 The Panel erroneously failed to recognize that a storm pond in the area on
neighboring property is man made and not a type 2 and 3 wetland Further the Panel failed to
take into account that the size ofthe wetland on the site is historically significantly smaller
The area ofwet ground has expanded because a drainage ditch had been driven over by farm
machinery and collapsed blocking drainage and forcing surface water to redirect itself across a
larger area to re enter the drainage ditch at a lower elevation as such incidental water has been
included in the TEP Panel determination
8 The decision fails to set out findings of fact which support a finding that there is a
type 3 wetland The decision merely checks a box which provides insufficient explanation for
administrative or judicial review It fails to demonstrate that the panel applied the correct
standards or law or that it took a hard look at the evidence in light of the applicable law It is
PMay4 2007 C2007 04 23
F DATA20453 00IIPleadingFox Appeal to BWSRwpd dvf 2
impossible from the hearing decision to determine whether the panel applied the correct
standards or what evidence the panel considered or whether the panel was reviewing evidence
as of the appropriate time
9 As more fully explained in the Dorsey appeal a copy ofwhich is appended to this
appeal Exhibit 2 the record in this case consists of a variety of documents maps and other
submissions to the LGU and TEP as well as approximately one hour of testimony presented to
the panel and done in conjunction with the Dorsey case It appears based upon the decision of
the panel in the accompanying Dorsey case that in addition the panel was applying the wrong
burden of proof and that it believed that an exemption can only be granted upon conclusive
photographic evidence
Dated May 4 2007
RINKE NOONAN
By
Gerald W Yon Korff 113 32
Attorneys for Jeff and Terri Fox
1015 W St Germain St Ste 300
P O Box 1497
St Cloud MN 56302
320 251 6700
PMay 4 2007 C2007 04 23
F DAT A20453 00JIPleadinglFox Appeal to BWSR wpd dvf 3
Minnesota Wetland Conservation Act
Notice of Wetland Conservation Act Decision
Name and Address of Local Government Unit City of Chanhassen 7700 Market Boulevard
P O Box 147 Chanhassen MN 55317
Name of Applicant Jeff and Terri Fox Project Name Fox Wetland Exemption
Application Number n a
Type of Application check one lZl Exemption Decision
D No Loss Decision
D Replacement Plan Decision
D Banking Plan Decision
D Wetland Type Boundary Decision
Date of Decision April 6 2007
Check One D Approved
D Approved with conditions
lZl Denied
Summary of ProjectlDecision indicate exemption number per MN Rule 8420 0122 if applicable ID
The applicant requested exemptions for a wetland on the property in the NE 14 of the SW 14 of Section 23
Township 116N Range 23W in Carver County Minnesota
Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of
Chanhassen denies the exemption request
List of Addressees
Landowner
Jeff and Terri Fox 5270 Howards Point Road Excelsior MN 55331
Members of Technical Evaluation Panel
Greg Graczyk Carver SWCD
Brad Wozney BWSR
Watershed District or Watershed Management Organization If Applicable
Bob Obermeyer RPBCWD
Department of Natural Resources Regional Office select ap ro riate office
NW Region NE Region Central Region Southern Region
Regional Director Reg Env Assess Eco Reg Env Assess Eco Reg Env Assess Eco
2115 Birchmont Beach Rd NE Div EcoServices Div EcoServices Div EcoServices
Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South
Grand Rapids MN 55744 St Paul MN 55106 New Ulm MN 56073
1 j7i i
EXHIBIT Page 1 of2
DNR Representative
Kate Drewry Area Hydrologist
Corp of Engineers Project Manager
Joe Yanta ACOE
Department of the Army Corps of Engineers St Paul District
ATTN CO R 190 Fifth Street East
St Paul MN 55101 1638
Individual members of the public who requested a copy summary only
Ben Meyer Bonestroo
Rick Dorsey
You are hereby notified that the decision of the Local Government Unit on the above
referenced application was made on the date stated above A copy of the Local Government
Unit s Findings and Conclusions is attached Pursuant to Minn R 8420 0250 any appeal of the
decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water
and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice
THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act Additional approvals or
permits from local state andfederal agencies may be required Check with all appropriate authorities
before commencing work in or near wetlands
April 6 2007
Date
Lori Haak Water Resources Coordinator
Name and Title
Attachments
1 Technical Evaluation Panel Findings of Fact dated April 6 2007
Page 2 of2
T
fIl J iiIoJ J l I W I d c
II j ii Act
I
l I 0 5 1 I i
Minnesota etan onserva on f
7 4 l f I lloli
I 1 t 1 1 I i f
iT chni JJ luatiC Jl flIJ FJIlQirags Qf Fac ii 1
rtrr Ju l i I 1 1 1
Dalc A l1ril 6 2007 I Ci1l City of Ch lIlhasscn
C lllllty Carver IGU Cllnlaet Ltlri l lilak Water Resuun cs Coordin llm
Ir jocl Nilnll iI Fo Wc tlilnd E ClllPIllli Phonc 1 952 227 U5
LOL llillllflrojc l NE SW 11 II N 2JW
I I I Sce I p R mgc Lol B 1000 k
Cily Chanhasscn Coullty em vel
TEl vlembcrs and olhersl 11 revicedproject Cited if vie c I mker 1
8l LGU Lori laak 8l BWSR llrad Woznev
8l SWCD CircGraczvk 0 DNR lifal l licablcl
Other Wellund Experls prescnt Nlllc
TEl requcsted by IGU
Type If TEl dClClminalionlcqucsted d k 1 11I1 UlI I I I
li Excmplion We EKcmplion ilJJ2 Nll Lo s
WClland B undary md Type Replacemenl Plan
2 lc sc iplhlll r WCllalllCsJ lI ilh pn pClsed impacl
1 Velland Iypc Circular l fpc l Wilh TI pc 2 Irinc CllWlIIllilll
b Weiland Sif c acres
1 Sizc o Proposed ImpacI acrcs and sqwlle feet 11llcrcs 5 62S sl
la c sequcnl illg reLluilelTlCIllS becn Illct Alth Sequcncing Finding III I ael as supporting infoflnalion
DYes D No ir no lisl why nla
Is the pilljC 1 L llnsislcnl II ilh lhe inlenl III the wmprcbensivloe1Iwatcplan and or Ihe w tershed dislrkt plan Ih
me1rClplllilan surl ce alcr lllanagcl1lclll plan allllmctrllplllilan glllundwtllCr mtlllagellll nl plan and IIllal omprchcnsivl
plan and wning ordinance DYcs D No jlno lislllhyl n a
5 I lll illlhe prlljlclnlTeL Illl 1 lIolling wetuu l uncti1I1s
hll1ctions InlJacl
Flollllwiller Slmagc
Nutrienl ts imihliol
Sedimcnl Ellllilpmenl
Groundwaler RCl hargc
L ow Flow Augmentation
Acsthcl iCs Rccrl a lion
Shorcland J nchoring
Wildlilc Habilal
l isberies Habilal
Rare Plill1t1Animlll HlIbilat
COlllmcrcial Uses
n a
No Imparl mnnwe
6 F IIICplilccl1lenl pi all or no loss delcnninalions ale weiland runclillns maintained at an equal or greater l vel
DYes D No if nu Iislwhy n a
7 DlllS Icchnical Evalualionl anel reco1l11111ndapprovill 01 Ihe activitpruposed in ilelll I
DYes 0 Yes wilh Condilions g No i nn Iisl why
I I Illl why Basin is not a lypc 2 III type 6 weiland thai is less llliln I O acres in size and localed Oil
agril ulluralland
Lisl lEI findings I suppon Iccnollncnd liUIl in qucslinl 7 hove see illachcu
9
L z 0 7
Dal Oale
P1 l I nf I
Fux TEl Filld llg of p u lllui l ril 203
0
STATE OF MINNESOTA
BOARD OF WATER SOIL RESOURCES
The Matter of the Appeal of Dorsey Dorsey
c o Rick Dorsey of the Determination ofthe
Local Government Unit s Findings and Conclusions
LGU City of Chanhassen
APPEAL OF WETLAND
CONSERVATION ACT
DETERMINATION
TO THE STATE OF MINNESOTA THROUGH ITS BOARD OF WATER SOIL
RESOURCES AGENCY ADMINISTERING THE WETLAND CONSERVATION
ACTION MINNESOTA STATUTES CHAPTER 103G RULES PART 8420
Rick Dorsey for his appeal of the determination of the City of Chanhassen states and
alleges the following
1 Rick Dorsey appeals the determination of the City of Chanhassen under the
Wetland Conservation Act as contained in the April 6 2007 letter and Notice ofWetIand
Conservation Act Decision and TEP Findings of Fact by Lori Haak Water Resources
Coordinator City of Chanhassen Exhibit 1
2 The City of Chanhassen is the Local Government Unit LGU implementing the
Wetland Conservation Act in Carver County Mhmesota
3 Dorsey s exemption request was heard concurrently with an exemption request by
adjoining landowner Fox The two cases have issues in common
4 The decision is contrary to law arbitrary and capricious and unsuppOlied by
substantial evidence The decision maker applied the wrong standard ofproof applying a
standard that required conclusive proof
Phlay 4 2007 C2004 J 0 08
F DAT A20453 OOIPleading Dorsey FINAL Appeal 10 BWSRwpdjck EXHIBIT i
5 Rick Dorsey is a Oeneral Partner of Dorsey and Dorsey who is the owner of real
property located in the NW 1 4 of SW 1 4 of Section 23 Township 116 Range 23 Carver
County Mimlesota Street Address 1551 Lyman Blvd PID 250230400
6 On or about February 5 2007 Rick Dorsey submitted an application for approval
of awetland project Dorsey applied for an exemption determination for four areas designated as
Sites 1 4 respectively The purpose of the exemption request was to obtain declaratory
determination establishing that the sites were exempt in 1991 and that they remain exempt The
evidence was presented at a meeting lasting approximately one hour The evidence showed that
the sites were already exempt were former wetlands all of which have been drained excavated
and or filled as of passage ofWCA
7 The decision regarding the two areas designated as Site 2 and Site 4 are impacted
by the same legal enor The evidence established that prior to 1987 site 2 and 4 met the criteria
for WCA exemption 1A Specifically the land was used for row crops Minn Stat
1030 2241 subdivision lA part 1 Further based on available evidence it was determined that
during the time period of 1981 1986 the subject areas showed no sign of a wetland or were of
I With respect to site 2 the drainage drain tile and fill activity occurred prior to 1991
The evidence shows it was annually seeded with crops for the required number of years between
the time period 1981 1991 The LOU agrees to the exemption The exemption occurred at the
time of enactment of the WCA and not at the time of the formal application MN Rule
8420 0210 paragraph 2 An exemption may apply whether or not the local government unit has
made an exemption determination As such an exemption for the work already done in the
wetland was effectively grandfathered in with the WCA when it became effective in 1992
Because it was exempt under Subp lA for work already done a certificate of exemption was not
needed or requested Again in that a certificate was not requested does not mean an exemption
did not apply
PMay 4 2007 C2007 04 23
F IDATA 20453 0011PIeadinglDorsey FINAL Appeal to BIVSR wpd dvf 2
type 1 or 2 and iftype 2 were less than 2 acres Having found that the sites were exempt at that
time however the LGU incorrectly imposed a ten year deed restriction dating from the time of
the exemption determination rather than from the date of the date of the existence of the
exemption itself The decision wrongly assumes that the purpose of an exemption determination
is to authorize a particular activity as of the date of the exemption request From this error the
exemption decision determines that the panel should place an agricultural restriction effective
after the date ofthe exemption determination As a result of this error the decision wrongly
concludes that the applicant must restrict his usage of the property for at least ten years after the
date of the decision Exemptions are self executing and the date of the exemption
determination is irrelevant for purposes of applying the exemption
8 With respect to Site 3 the evidence showed that a wetland of some kind may
have existed on this site prior to 1981 During that time the area was fenced 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 oflowland was filled with soil hauled in from another City
project the south portion of the former wetland was planted in soybeans and the north half
reseeded in pasture grass hay which was mechanically harvested and sold through 1988
Thus at the time WCA was passed there was no wetland and the land would have been exempt
as ofthe date that WCA became effective The TEP Panel wrongly focused on an artificial wet
area which developed along the road ditch The decision that Site 3 is not exempt is arbitrary
PMay4 2007 C2007 04 23
F IDATA20453 00IiPleadinglDarsey FINAL Appealta BIISKwpd dvf 3
and capricious unlawful and contrary to the evidence Further as discussed below the TEP
Panel and LOU applied the wrong standard in evaluating the evidence
9 With respect to Site 1 the TEP Panel used an on site visit March 22 2007 to
determine the size and type of wetland area to be impacted as the basis for its decision to deny
the exemption request This review was irrelevant as it did not review the status of size and type
prior to 1991
10 In the relevant time period for exemption determination there was no wetland on
site 1 Within the application as well as at the predetermination meeting with the TEP Panel
Dorsey and Ben Meyer a Senior Enviromnental Consultant with Bonestroo Rosene Anderlik
and Associates representing Dorsey provided detailed information regarding the issue of wetland
size between 1981 and 1989 They showed that the former wetland had been drained and tiled
for over thi1ty years by the time the WCA was enacted In an aerial photo from 1963 supplied to
the TEP Panel in the application one can see the Y shape shadow line on the land including the
site area
1 1 Minn Stat s1030 2241 subd 1 a 1 and Minn Rules Part 8420 0122 subp
l a state that a replacement plan for wetlands is not required for activities in a wetland that were
amlUally seeded with crops or were in crop rotation seeding of pasture grass or legumes in 6 of
the most recent 10 years prior to January I 1991 Because these lands met that requirement as
of January 1 1991 the panel wrongly looked at the condition of the land as of a later date
12 The site was excavated and wetland soil types were removed in 1989 with
approval from the City of Chanhassen for reasons described in detain in the application The
excavation was done to make a man made surface water management pond The plan approved
PMav 4 2007 C2007 04 23
F DATA20453 00IIPJeadingDarsey FINAL Appealla BWSR l d d f 4
by the City and of public record included a survey and topographical map the application
included a copy of said documents which surveyed the fonner wetland area in site 1 At that
time the high water ponding area from the incidental pond starting to form as a result of a
blocked ditch discussed in the application Scaling it out the size is less than 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 data The Owner provided the TEP Panel with a survey and
topographical map submitted to the City of Chanhassen in 1989 and accepted in the public record
as part of an excavation permit for the site It shows the size of the historic wetland on site 1
had been between 0 6 and 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
13 Site 1 has been drain tiled and farmed for more than 23 years prior to 1986 As
a former wetland through and including 1986 it would not be type able because it was not a
wetland In 1987 1988 when water started to puddle into the growing season it was incidental
to ditch blockage on neighboring property Any wet ground on the site today is not a natural
wetland it is a man made storm pond that is now overflowing without an emergency overflow
The increase in the storm pond size since 1989 is due to surface water drainage blocked on
neighboring property and seepage of the storm pond saturating a buffer area Neither of which
was intended to create wetlands when the pond was created
PM 4 2007 C2007 04 23
FDAT A20453 00 I IPleadinglDorsey FINAL Appeal to BWSR l d dvf 5
14 Even ifthere had been a wetland at the relevant time period it still would have
been in error to deny the exemption because the land was devoted to exempt agricultural uses
Evidently the panel misconstrued the meaning of the terms crop pasture grass and legumes and
misconstrued the meaning of the subdivision 1 a l exemption
15 Hayland is defined as an area that was mechanically harvested or that was
planted with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the
last ten years Minn Stat sl03G 005 subd 10 c Minn Rules Part 8420 0110 subp 20
16 Agricultural land is defined as land used for horticultural row close grown
pasture and hayland crops Milm Stat sl03G 005 subd 2 a Minn Rules Part 8420 0110
subp 4
17 The statute rules and SONAR support a plain reading of the exemption requested
by Dorsey
18 A crop is any plant that is grown in significant quantities to be harvested as food
livestock fodder or for anotller economic purpose Pasture is land with herbaceous vegetation
cover used for grazing of livestock as part of a farm or ranch The key difference between
pasture and crop is that a crop is harvested for use away from the specific location that it is
grown whereas with pasture an animal grazes and consumes the plant as it is growing A
legume is a plant in the family Fabaceae or Leguminosae or a fruit of these plants
Well known legumes include alfalfa clover peas beans lentils lupins and peanuts
19 The record in this case consists of a variety of documents maps and other
submissions to the LGU and TEP as well as approximately one hour of testimony presented to
the panel It appears based upon the decision of the panel that this testimony was not considered
PM 4 2007 C2007 04 23
F DATA2045J 00JIPJe dinglDorsey FJNAL Appeal 10 BWSRwpd d 6
1 fl
as a result of the panel s erroneous belief that an exemption can only be granted upon conclusive
photographic evidence
Wherefore appellant requests that the decision of the panel requiring a ten year deed
restriction from date of decision be reversed and that the decision of the panel denying
exemptions to two parcels be reversed
Dated May L 2007
RINKE NOONAN kBy rfu7GeraldWYonKorff113232
Attorneys for Rick Dorsey
1015 W 81 Germain 81 8te 300
P O Box 1497
81 Cloud MN 56302
320 251 6700
PMa42007 C2007 04 23
F IDAT A 20453100I IPleadinglDorseFINALAppeal 10 BWSR wpd dvf 7
CITY OF
CHANHASSEN
7700 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 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 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
VNrW ci chanhassen mn us
April 6 2007
Jeff and Terri Fox
5270 Howards Point Road
Excelsior MN 55331
Re Wetland Exemption Application
Dear Jeff and Terri
Enclosed please find the City s decision as LGU for the Minnesota Wetland
Conservation Act regarding your recent wetland exemption application
If you have any questions or need additional information please contact me at
952 227 1135 or lhaak@ci chanhassen mn us
Sincerely
CITY OF CHANIIASSEN p d
o
D
ZLonHaak
Water Resources Coordinator
r f
f
i i
Enclosures
cc Ben Meyer Bonestroo
Greg Graczyk Carv rSW CD
Brad Woiney BWSR
c
g eng lori wetlands exemptions fox cover letter d
if
The City 01 Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play
Minnesota Wetland Conservation Act
Notice of Wetland Conservation Act Decision
Name and Address of Local Government Unit City of Chanhassen 7700 Market Boulevard
P O Box 147 Chanhassen MN 55317
Name of Applicant Jeff and Terri Fox Project Name Fox Wetland Exemption
Application Number n a
Type of Application check one g Exemption Decision
D No Loss Decision
D Replacement Plan Decision
D Banking Plan Decision
o Wetland TypeBoundary Decision
Date of Decision April 6 2007
Check One D Approved
o Approved with conditions
g Denied
Summary of ProjectDecision indicate exemption number per MN Rule 8420 0122 if applicable ID
The applicant requested exemptions for a wetland on the property in the NE 14 of the SW 14 of Section 23
Township 116N Range 23W in Carver County Minnesota
Based on the fmdings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of
Chanhassen denies the exemption request
List of Addressees
Landowner
Jeff and Terri Fox 5270 Howards Point Road Excelsior MN 55331
Members of Technical Evaluation Panel
Greg Graczyk Carver SWCD
Brad Wozney BWSR
Watershed District or Watershed Management Organization If Applicable
Bob Obermeyer RPBCWD
Department of Natural Resources Regional Office select a ro riate office
NW Region NE Region Central Region Southern Region
Regional Director Reg Env Assess EcoI Reg Env Assess EcoI Reg Env Assess EcoI
2115 Birchmont Beach Rd NE Div Ecol Services Div EcoI Services Div EcoI Services
Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South
Grand Rapids MN 55744 St Paul MN 55106 New Ulm MN 56073
Page 1 of2
DNR Representative
Kate Drewry Area Hydrologist
Corp of Engineers Project Manager
Joe Yanta ACOE
Department of the Army Corps of Engineers St Paul District
ATTN CO R 190 Fifth Street East
St Paul MN 55101 1638
Individual members of the public who requested a copy summary only
Ben Meyer Bonestroo
Rick Dorsey
You are hereby notified that the decision of the Local Government Unit on the above
referenced application was made on the date stated above A copy of the Local Government
Unit s Findings and Conclusions is attached Pursuant to Minn R 8420 0250 any appeal of the
decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water
and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice
THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act Additional approvals or
pennitsfrom local state andfederal agencies may be required Check with all appropriate authorities
before commencing work in or near wetlands
April 6 2007
Date
Lori Haak Water Resources Coordinator
Name and Title
Attachments
1 Technical Evaluation Panel Findings of Fact dated April 6 2007
Page 2 of2
Minnesota Wetland Conservation Act
Technical Evaluation Panel Findings of Fact
Date ApriI6 2007 LGU City ofChanhassen
County Carver LGU Contact Lori Haak Water Resources Coordinator
Project Name Fox Wetland Exemption Phone 952 227 1135
Location of Project SW 23 116N
Sec Twp
City Chanhassen County Carver
TEP Members and others who reviewed project Check if viewed project site
g LGU Lori Haak g BWSR Brad Woznev
g SWCD Greg Graczyk D DNR ifapplicable
Other Wetland Experts present None
TEP requested by LGU
23W
Range LotBlock
1 Type of TEP determination requested check those that apply
Exemption WCA Exemption ID No Loss
Wetland Boundary and Type Replacement Plan
2 Description ofWetland s with proposed impact
a Wetland Type Circular 39 Type 3 with Tvpe 2 fringe Cowardin
b Wetland Size 33 acres
c Size of Proposed Impact acres and square feet 1 3 acres 56 628 sf
3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information
DYes D No if no list why nla
4 Is the project consistent with the intent of the comprehensive local water plan andor the watershed district plan the
metropolitan surface water management plan and metropolitan groundwater management plan and local comprehensive
plan and zoning ordinance DYes 0 No if no list why nla
5 How will the project affect the following wetland functions nla
Functions
Floodwater Storage
Nutrient Assimilation
Sediment Entrapment
Groundwater Recharge
Low Flow Augmentation
AestheticsRecreation
Shoreland Anchoring
Wildlife Habitat
Fisheries Habitat
Rare PlantAnimal Habitat
Commercial Uses
Impact No Impact Improve
6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level
DYes 0 No if no list why nla
7 Does Technical Evaluation Panel recommend approval of the activity proposed in item 1
DYes 0 Yes with Conditions g No if no list why
If no why Basin is not a type 2 or type 6 wetland that is less than two acres in size and located on
agricultural land
8 List TEP findings to support recommendation in question 7 above see attached
9 SIGNATURES ifTEP recommendation is not a consensus note with an asterisk and explain on the back ofthis page
Page 14
ill O W feP
0 Mtvre
Di
0 J tb I ou
0fJlA
LGU Representa ve
Date
Lf 07
Date
ate
late
Fox TEP Findings of Fact doc
Fox Wetland Exemption
TEP Findings of Fact
April 6 2007
Attachment
8 List TEP findings to support recommendation in question 7 above
TEP members from the LGU and the Carver SWCD conducted an on site review
on March 22 2007
The wetland is a Type 3 wetland with a Type 2 fringe that is more than 2 acres in
size The entire wetland basin is approximately 33 acres in size
4 Minnesota Wetland Conservation Act
Certificate of Mailing of Notice of Wetland Conservation Act Decision
Name and address of local government unit City of Chanhassen 7700 Market Boulevard P O
Box 147 Chanhassen MN 55317
The undersigned certifies on April 6 2007 Lori Haak
he she mailed copies of the attached Notice of Wetland Conservation Act Decision to the
addressees listed thereon by depositing the same in the United States Mail in the City of
Chanhassen County of Carver
and State of Minnesota properly enveloped with prepaid first class postage
CftvSIgnature
April 6 2007
Date
Water Resources Coordinator
Title
Page 1 of 1
Fox Cert Mail Notice Decision doc April 2003
Minnesota Wetland Conservation Act
Notice of Wetland Conservation Act Decision
Name and Address of Local Government Unit City of Chanhassen 7700 Market Boulevard
P O Box 147 Chanhassen MN 55317
Name of Applicant Jeff and Terri Fox Project Name Fox Wetland Exemption
Application Number nfa
Type of Application check one 8 Exemption Decision
o No Loss Decision
o Replacement Plan Decision
D Banking Plan Decision
D Wetland TypeBoundary Decision
Date of Decision April 6 2007
Check One D Approved
o Approved with conditions
8 Denied
Summary of ProjectJDecision indicate exemption number per MN Rule 8420 0122 if applicable ID
The applicant requested exemptions for a wetland on the property in the NE of the SW of Section 23
Township 116N Range 23W in Carver County Minnesota
Based on the findings of the Technical Evaluation Panel Attachment 1 dated April 6 2007 the City of
Chanhassen denies the exemption request
List of Addressees
Landowner
Jeff and Terri Fox 5270 Howards Point Road Excelsior MN 55331
Members of Technical Evaluation Panel
Greg Graczyk Carver SWCD
Brad Wozney BWSR
Watershed District or Watershed Management Organization If Applicable
Bob Obermeyer RPBCWD
Department of Natural Resources Regional Office select a ro riate office
NW Region NE Region Central Region Southern Region
Regional Director Reg Eny Assess EcoL Reg Eny Assess EcoL Reg Eny Assess Ecol
2115 Birchmont Beach Rd NE Diy EcoL Services Diy Ecol Services Diy EcoL Services
Bemidji MN 56601 1201 E Hwy 2 1200 Warner Road 261 Hwy 15 South
Grand Rapids MN 55744 St Paul MN 55106 New DIm MN 56073
Page 1 of2
DNR Representative
Kate Drewry Area Hydrologist
Corp of Engineers Project Manager
Joe Yanta ACOE
Department of the Army Corps of Engineers St Paul District
ATIN CO R 190 Fifth Street East
St Paul MN 55101 1638
Individual members of the public who requested a copy summary only
Ben Meyer Bonestroo
Rick Dorsey
You are hereby notified that the decision of the Local Government Unit on the above
referenced application was made on the date stated above A copy of the Local Government
Unit s Findings and Conclusions is attached Pursuant to Minn R 8420 0250 anyappeal ofthe
decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water
and Soil Resources within thirty 30 calendar days of the date of the mailing of this Notice
THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act Additional approvals or
permits from local state andfederal agencies may be required Check with all appropriate authorities
before commencing work in or near wetlands
4tfpSlature
April 6 2007
Date
Lori Haak Water Resources Coordinator
Name and Title
Attachments
1 Technical Evaluation Panel Findings of Fact dated April 6 2007
Page 2 of2
t
Minnesota Wetland Conservation Act
Technical Evaluation Panel Findings of Fact
Date April 6 2007 LOU City of Chanhassen
County Carver LGU Contact Lori Haak Water Resources Coordinator
Project Namel Fox Wetland Exemption Phone 952 227 1135
Location of Project NE SW 23 116N
IfJ IfJ IfJ Sec Twp
City Chanhassen County Carver
TEP Members and others who reviewed project Check if viewed project site
8 LGU Lori Haak8 BWSR Brad Woznev
8 SWCD Greg Graczyk D DNR ifapplicable
Other Wetland Experts present None
TEPrequested by LOU
23W
Range Lot Block
1 Type ofTEP determination requested check those that apply
Exemption WCA Exemption 10 No Loss
Wetland Boundary and Type Replacement Plan
2 Description ofWetland s with proposed impact
a Wetland Type Circular 39 Tvoe 3 with Tvpe 2 fringe Cowardin
b Wetland Size 33 acres
c Size of Proposed Impact acres and square feet 1 3 acres 56 628 sf
3 Have sequencing requirements been met Attach Sequencing Finding of Fact as supporting information
DYes D No if no list why nla
4 Is the project consistent with the intent of the comprehensive local water plan andor the watershed district plan the
metropolitan surface water management plan and metropolitan groundwater management plan and local comprehensive
plan and zoning ordinance Dyes D No if no list why nla
5 How will the project affect the following wetland functions nla
Functions Impact No Impact
Floodwater Storage
Nutrient Assimilation
Sediment Entrapment
Groundwater Recharge
Low Flow Augmentation
AestheticslRecreation
Shoreland Anchoring
Wildlife Habitat
Fisheries Habitat
Rare PlantAnimal Habitat
Commercial Uses
Improve
6 For replacement plan or no loss determinations are wetland functions maintained at an equal or greater level
DYes D No if no list why nla
7 Does Technical Evaluation Panel recommend approval of the activity proposed in item I
DYes D Yes with Conditions 8 No if no list why
If no why Basin is not Ita type 2 or type 6 wetland that is less than two acres in size and located on
agricultural land It
8 List TEP findings to support recommendation in question 7 above see attached
9 SIGNATURES ifTEP recommendation is not a consensus note with an asterisk and explain on the back ofthis page
Fox TEP Findings of Fact doc
Page qi
i
B100ter feP
0 C Mtvre
Dl
0 J G1 oUJ
0tlA
swen Rpre
epresentJi ve
Date
q t07
Date
ate
late
Fox Wetland Exemption
TEP Findings of Fact
April 6 2007
Attachment
8 List TEP findings to support recommendation in question 7 above
TEP members from the LGU and the Carver SWCD conducted an on site review
on March 22 2007
The wetland is a Type 3 wetland with a Type 2 fringe that is more than 2 acres in
size The entire wetland basin is approximately 33 acres in size
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
WWN ci chanhassen mn us
April 5 2007
Jeff and Terri Fox
5270 Howards Point Road
Excelsior MN 55331
Re Wetland Exemption Application
Dear Jeff and Terri
This letter is to notify you that the City will be unable to complete the review of
your exemption request within the 60 day review period that ends April 21 2007
Therefore I am notifying you that the City is extending its review period for up to
an additiona160 days through June 20 2007
If you have any questions or need additional
952 227 1135 or Ihaak@ci chanhassen mn us
please contact me at
Sincerely
CITY OF
Lori Haak
Water
The City of Chanhassen A growing community with clean lakes quality schools a charming downtown thriving businesses winding trails and beautiful parks A great place to live work and play
BonestroofIRosene
IlI Anderlik
1 1 Associates
Engineers Architects
2335 West Highway 36 St Paul MN 55113
Office 651 636 4600 Fax 651 636 1311
www bonestroo com
February 20 2007
Ci ofChanhassen
Attn Lori Haak
7700 Market Boulevard
P O Box 147
Chanhassen MN 55317
Re Fox WCA Ag Exemption Application
Ms Haak
Enclosed is the WCA Agricultural Exemption per requirements of City Code We feel the
project meets the requirements of MN Rule 8420 0122 Subp 1 D We have attached a
figure with a wetland determination to illustrate the area of exemption
Please feel free to contact me at 651 604 4767 or bmeyer@bonestroo com if you have
any questions regarding this application
Sincerely
Bonestroo Rosene Anderlik Assoc
Benjamin L Meyer
Certified Wetland Delineator
Sr Wetland Scientist
C Jeff Fox 5270 Howards Pt Rd Excelsior MN 55331 CITY OF CHANHASSEN
RECEIVED
FEB 2 0 2007
CHANHASSEN PlANNING DEPT
St Paul St Cloud Rochester MN Milwaukee WI Chicago IL
Affirmative Action Equal Opportunity Employer and Employee Owned
J
Jj
D
L
J
NA26620 B
Minnesota Local State Federal A
V 2 02 lor YlS VORD 09 01104
lication Form for WaterlWetland Pro ects
A lication No Field Office Code
For Internal Use Only
Date Initial plication Received Date initial A
PART I BASIC APPLICATION
See HELP directs you to important additional information and assistance in Instructions PaKe 1
I LANDOWNER APPLICANT CONTACT INFORMATION SeeHelp f
Name Jeff and Terri Fax Phone 952474 7118
Completemailingaddress 5270HowardsPlRd Excelsior MN 55331
IA AUTHORIZED AGENT See Help fA Only ifapplicable all agent is notrequired
Name Ben MeY13r Bonestrao Assoc Phone 651 6044767
Complete mailing address 2335W Hwy36 Sl Paul MN 55113
2 lAME TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACfED Attach Addilional ProjecT Area sheets ifnecdcd
Name or 10 of Waters Impacted if applicable if known
Check all that apply OLake DRiver I2Wctland typc 12 1 D J L 02 0 3 04 D 5 D 6 0 7 D 8
Indicate siLe of entire lake or wetland check one Less than 10 acres indicate size 3 40 0 10 to 40 acres 0 Greatcr than 40 acres
3 PROJELOCATION nformation can befol nd on properly lax slatemenl property title or title insumnce
Project street addr ess PID 250230500 Fire City if applicable Chanhassen
I Section SW Section 23 Township 116 Range 23 County Carver
Lot Block Subdivision Watershed name 01 33
Attach a simple site locator map Ifneeded include on the map written directions to the site from a known location or landmark and
provide distances Torn known locations Label the sheet I TE I A TOR IVA p A11ACHED
4 TYPE OF PROJECf Describe the type of proposed work Attach TYPE OF PROJECT shcet if needed
Mn Rule 8420 0115 and 8420 0122 Subpart 1 D Agricultural Exemption
5 PROJECT PfjRPOSE DESCRIPTION AND DIMENSIONS Describe what you p an to do and why it is needed how you plan to
construct the project with dimensions length width depth area of impact and when you propose to construct the project This is the
most important part of your application See HELP 5 before completing this section see What To Include on Plans fnstructions
page I Attach PROJECT DECRlf TION sheet
Utilizing Type 1 wetlands for the purpose of agricultural production utilizing standarj farming practices and machinery
Footprint of project 1 3 acres or square feet drained filled or excavated
6 PROJECT AL TERNATIVES What alternatives to this proposed project have you considered that would avoid or minimize impacts
to wetlands or wat rs List at least TWO additional alternatives 10 your project in Section 5 that avoid wetlands one of which may be no
build or do nothing and explain why you chose to pursue the option described in this application over these alternatives Attach
PROJECT ALTERNATIVES sheet if needed
NlA
7 ADJOINING PROPERTY OWNERS for projects that impact more than 10 000 square feet of water or icl1ands lisllhe compJelc
mailing addresses fadjacent property owners 011 an attached separate shcet See HELP 7
8 PORTION OFWORK COMPLETED Is any portion of the work in wetland or water areas already completed 0 Yes No If
yes describe thc complcted work on a separate sheet of paper labeled WORK ALREADY COMPLETED See HELP 8
9 STATUS OF OTHER APPROVALS List any other permits reviews or approvals related to this proposed project that arc either pending or
have already been approved or denied on a separate attached sheet See HELP 9
10 I am applying for state and local authorization to conduct the work described in this application I am familiar with the information
contained in this application To the best of my knowledge and belief all infoTlnation in Part I is true complete and accllmtc I possess
the authority to undertake the work described or am acting as the duly authorized agent of the applicant
7
Date
C dp 2 12 5 06
Sigflllure ofagenl if applicable Dale
This block must be si ned by the person who desires to undertake the proposed activity and has the nec ssary propel1y rig ts to dn n If nnly the Agent ha signetL
please attach a separate sbeet signed by the landowner giving necessary authorization to the Agent
Ylinnesota Local StateFedtTal Application Forms fur Water Wetland Projects
Page I
APPLlCA TIOFOR DEPARTMENT OJ THE ARMY PERMIT 33 CFR32S OMS AFFROV AL NO 0710003 Expires Dee 31 2004
The public burden for Ihis colleclion of infonnation is eSlimated 10 average JO bonrs per response allhough the majority of applicalions should require 5 honrs or less This includes
the dme for revi wing instructions searcbing existing data sources gathering and maintaining the dataneeded and completmg and reviewing the collection ofinfomlation Sc nd
comments regarding hi burden eslimate or ny uther aspect ufthi ullet1ion ufinfonnatioll inc1uding iUggt s i lI fbr ducing this burden lU Department of De fenst WashillJ1011
Headquarters Serice Directorate Qflnfon11ation Operations and RcpOlts 1215 J fferson Dads Highway Suite 1204 Adington V A 122014302 and o ll e OOicc ofManagctucnt
and Budget Paper ork Reductiml Project 0710O003 Vashington DC 20503 Respondents should be aware that notwithstanding any other PW isiull of 1 1 no JXr on shall he
subject to any penalty thr failing 0 c01l1ply with a collection ofinfonlla ion ifil does nOt display a cllTrcntty valid OI IB control OUlllber Please DO o r RI n I our form to
either of these addresse Completed applications must be oiuhmiucd to the District engineer hafngjllrisdicrioll o r he loca ion ofrht proposed ilC1iviIY
PRIVACY ACT STATEMENT Authoritie Ri m and Harbors Act Section 10 33 lISe403 Clean Water Ael Section 404 33 use 1144 Marinc Protection Rcsareh and
Sanctuaries ACI 33 L SC 1413 Seclion 103 Principal purpose Inlbm tion pronded on this rorm will be used in evaluating the application for a pcmlit Routine uses This
infOlnlation may be shaed with the Depanl1len of Justice and other Federal Slate and local goernnlenl agencies S Ibmission ofrequested infonllation is voluntali howev r if
infonnatlon is not provijcd the penmt 8Plllication cannot be evaluated nor can a permit be issued
ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS
I API L1CATIO 10 2 FIELD OITICT CODE DATE RECEIVED 4 DATE APPIIC T10 COMPLETED
YOU DO NOT NEED TO COMPLETE ITEMS 6 10 and 12 25 in the SHADED AREAS
All applicants must complete non shaded items 5 and 26 If an agent is used also complete items 8 and 11 This optional FedemJ form is valid
for use only when included as part of this entire state application packet
5 APPLlc rs AME
Jeff and Terri Fox
8 AIITfJORIZED AGElT S NA I1E AND TITLE an agent is not required
Ben Meyer Wetland Scientist
6 APPLICANT S ADDRESS17NIIJttNTPjlfNO
9 AGENT S ADDRESS
WiAQENJ IiP N9
11 STATEMENT OF AlTHORIZATION ifapplicable camplconly ifauthorizing an agent
hereby authorize Ben Meyer Bonestroo Assoc 10 act on my behalfas my agent in the processing of this application and to furnish
upon requcst supplemental information In support of Ihis permit applieution
12 PROJECT NAME OR TITLE fsee instluctions
DATE 1 5 tl 7APPUCANTSSGiATLRE
i loCA f bN OF P 6jtct
J 6 0TfiERL hONDES9 iriiON kNqwNse1 c iB
17 DiRECTIONS TO THE sfrt lit NAtlEOFACTIvrtY
19 PROJECT PURPOSE 20 REASON S FOR DISCHARGE
21 TYPES OF MATERIAl BEING DISCHARGED AND THE AMOUNt OF EACH TYPE IN CUBIC YARDS
22 StRF CEIRE iN ACRES9 WETSANDS OiffER A fI 1jE
3ISAllr IOll o r 1lwo Ai h td tiE1i 7 6 l Jbg tIiIB I L rER k
4 ADokESSESOFADJblN1NGiR6PERiy OVNERS
25 LlST OF OTHER CERTIfICATIONS OR APPROVALSlDENIALS RECEIVED FROM OTHER FEDERAl STATE OR LOCAL AGENCIES FOR
WORK DESCRIBFO IN THIS APPLICATION
26 Application is hereby made for a permit or pemlils to authorize the work described in this application I ccrtify that the information in this
application is complete and acculate I further certify that J possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant
70t 2
tJ 7 125106
Date Signalure oragent if any Dale
rhe application muSI be signcd by dte person who desircs 10 undertake the proposcd activity applicanl Of it may be signed by a duly aUlhorized agel1l if
thc statement in Block II has been filled out and signed 18lJS C Section 1001 provides that Whoever in any manner wilhinthe jUli dicticl1 of any
depal1ment Or agency orthe United States knowingly and willfully fMsifies conceals or covers up with aoy trick scheme 01 disguises a material fact 01
makes any fulse ticlilious or fraudulent statemcnts Of representations ormakes or lLses any false writirg or document knowing same to contain any false
fictitious or tTaudulcnt s1atements orenlry shall be fined not morethan S J 0 000 Or imprisoned lIot morethan tive years Or both
ENG FORM 434S lul97 EDITION OF FEB 94 IS OBSOLETE Proponent CECW OR
Minnesota LotJlStatc Fcdcral Application Fonns lor Water Wetland Projects
Page 2
FOR LGU lJSE ONLY
Determination for l art I D No WCA Jurisdiction
o Exempt No n per Ml Rule 8420 0122
D No Loss i Boo G per MiRule 8420Jl220
o Rcplacemenl reqillr d applicant must complete art II
COMPLETE THE SECTION BELOW OlL Y IF REPLACEMENT IS NOT REOUIRED
Application is check one D Approved DApproved with conditions cllnditions attached D Denied
llmmcntsiFindings
GU flic a ignalre Dahl
Name nd Title
For Agricultural and Drainage exemptions M Rule 8420 0122 Subps I and 2B LGL bas received proofQf recording of restrictions
per MN Rule 8420 01 15
COW whtrerecorded Dale DOCllmelll Ii assigned by recorde
LGU official signature Dare
Minnesota LocaVStateiFedcral Application Forms lOr Water Wetland Projects
Page 3
l
c
f
fOX Property
PIO 250230500
J
Xl
CI
f5s
o
Q
t
c 1P
U1
It
t h
3W t
r
8 fit
J
1 lW
f Eox @roperties tP
SITE LOCATOR MAP
FOX PROPERTY WETLAND LOCATION
AGRICU L TU RAL EXEMPTION
o
I
Scale in
j
r
iin
r
I
fi
1
EXHIBIT A
lee
OO
w
Bonestroo
Rosene
Anderlik
11J 1 Associates
Engineers Architects
2006
f
I
J
oilO111
j
l
f
l 1i
11
10
1
1
U
1 I
tiol
ltt
u
1
d l of
t
I
u I
r 1
tl
j
aI
f tLfIri1
t
ff
v
J
i 1
l 1oil
v
411 I nJJ
I
If
Jt j t
I
l
l
I
1
f
f r
r
I
n
r
11
or
l
4
1I
I
I 4t I
C
t
4
J ho f44louAIf
I
1
III J
I
k
l
III
fIl
1
I
f teafti
11
i
II
1
I
1
J
q 1
J rir
lw1
r
t
l
101
t
J
rI
t
J If r
r
J
1 r l
I
I
ll n
r J
t 1 filLrTPrlrri
l If r
f I r1 1 l I I
l
l l r 1 t
J
1 10 I
f 11
l p l 1IJUijILlr I
t t l I
f J itil 1
J
r
l
r 1 l I
r
J
J
III
1 I l ilIl 1 h tio f J
c f I
1 q If ftJIjjr1arf J
L J 0 r I I
I
II
fJl t L iJ Ii oF
Q l I I J
C w c E I
L Llt
f17 j JJ VJ lfl
r j I LapA p
o Plo j t tIJftjti1ij1AtQ
r n rr
I J 1IlI 1IJ1 tu
II
6l J
7jJ
r l
L
J
1
Ii
i tj
flit
1 1
1
I
r
t t
1
1 l
l
l
Jo
t
r 1 1
l t t
I
io1o itl
I f1 J
litJ
f l
4
1
n
i
it
IJ I Ai
nHAl r IIIrO iJ
If lfJ Itf1lyC1f ltj I
fQ
fR f i f f
J
t Hi w 1 41
4 1 tIl iV t1 I to
oJ l l L l
0
gQOc
0
nrL
Y
P1 rll t 1P
f1IffiIIr tnt
t
I
Pi l flu
1
I
I
iI I
lit
jJ
it
11
III l
UI
t
It f
t
aq
Ii
i
1IfO
I 11
JAorJi
I ta II
5
u
r
I
rt
U llitA
l
I t
I
l
X
J
rf
to
CI
I
I
N
A 2005
Correspondence Packet
Letter to Chanhassen Business Owners re CGI Communications Promotional Campaign dated
July 9 2007
Letter from Theresa Sunde Mediacom dated July 10 2007
Memo from Greg Sticha re Review of Claims Paid dated July 16 2007
203
CITY OF
CIlANBASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
SettUm CC f
July 9 2007
Dear Chanhassen Business Owner
The City of Chanhassen was recently introduced to an exciting new technology that
is sure to have a tremendous positive impact for promoting the public and the
private assets of our community We have accepted the services for and will
participate in a three year promotional campaign conducted by CGI
Communications Inc www cqicommunications com
e locallink a division of CGI will produce a series of online videos to showcase
the assets and attributes that the City of Chanhassen has to offer to its residents
its visitors and its business community These videos will be accessible for viewing
via the City s website www ci chanhassen mn us
As you know the City of Chanhassen is dedicated to making our community a
great place to live work shop and conduct business This proiect will highlight the
advantages of living in and doing business here We h pe that you will find these
videos to be a useful tool in attracting customers employees and partners
A representative of e locallink will be contacting you wIth an offer for your
participation in this community video proiect The City is ex ited to reach residents
businesses and visitors in this new way We would be happy to have you ioin us
If you have anyquestioos lboutthe City s involvem t irtthfsproied j please feel
free to contact me cJf9 52 22 ll18 orlhokkanen@cihndssen tJs
Sincerely
Laurie Hokkanen
Assistant City Manager
The City 01 Chanhassen A growing community with clean lakes quality schools a channing downtown thriving businesses winding trails and beautiful parks A great place to live work and play
204
fTdrvuil
Mediacom RECEJVED
JUL 1 1 2007
CITY OF CHANHASSEN
Theresa Sunde
Community Relations Coordinator
PLEASE POST OR DISTRIBUTE
July 10 2007
Dear Community Officials
Mediacom Communications is continuing to improve our programming choices
for our digital customers
Effective immediately Mediacom will be expanding the service in your
community by providing additional programming on our High Definition Tier
WCCO HD will be available to our high definition customers free of charge on
channel 804
Mediacom is notifying our customers of the new channel lineup by both bill and
digital message
Mediacom is pleased to be your cable television provider If you have any
questions please feel free to contact me at 507 835 2356 ext 260 or email at
tsunde@mediacomcc com
Sincerely
Theresa Sunde
Mediacom Communications Corporation
1504 2nd Street SE Waseca MN 56093 507 835 2356 Fax 507 835 4567
205
CITY OF
CIlANHASSEN
7700 Market Bou levard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
MEMORANDUM
TO Mayor
City Council uw
ry 7Cs
The following claims are submitted for review on July 23 2007
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
FROM Greg Sticha Finance Director
DATE July 16 2007
SUBJECT Review of Claims Paid
Check Numbers Amounts
133398 133561 391 782 05
Total All Claims 391 782 05
Attachments Check Summary
Check Detail Report
206
CITY OF CHANHASSEN Accounts Payable Printed 07 13 2007 09 52
User danielle Checks by Date Summary by Cl11eck Number Summary
Check Number Vendor No Vendor Name Check Date Void Amount Check Amount
133398 post POSTMASTER 06 29 2007 0 00 880 66
133399 SUBCHE SUBURBAN CHEVROLET 06 29 2007 0 00 79 61
133400 andenann NANN ANDERSON 07 02 2007 0 00 495 00
133401 acsgov ACSGOVERNMENT 07 05 2007 0 00 855 99
133402 ambo ASSOC OF MN BUILDING OFFICIALS 07 05 2007 0 00 200 00
133403 anctec ANCOM TECHNICAL CENTER 07 05 2007 0 00 12 00
133404 appeco Applied Ecological Services In 07 05 2007 0 00 800 00
133405 asbene ASSURANT EMPLOYEE BENEFITS 07 05 2007 0 00 1 233 49
133406 aspmil ASPEN MILLS 07 05 2007 0 00 83 32
133407 benpro BENIEK PROPERTY SERVICES INC 07 05 2007 0 00 130 46
133408 catpar CATCO PARTS SERVICE 07 05 2007 0 00 39 29
133409 centel CENTURY TEL 07 05 2007 0 00 2 548 76
133410 corexp CORPORATE EXPRESS 07 05 2007 0 00 138 89
133411 crotro CROWN TROPHY 07 05 2007 0 00 249 74
133412 CUMNOR CUMMINS NORTH CENTRAL 07 05 2007 0 00 25 14
133413 dirsaf DIRECT SAFETY COMPANY 07 05 2007 0 00 412 79
133414 ecmpub ECM PUBLISHERS INC 07 05 2007 0 00 395 00
133415 fascom FASTENAL COMPANY 07 05 2007 0 00 74 78
133416 flotot FLOYD TOTAL SECURITY 07 05 2007 0 00 25 00
133417 gerhtodd TODD GERHARDT 07 05 2007 0 00 475 00
133418 GeskGreg GREGG GESKE 07 05 2007 0 00 33 78
133419 gopsig GOPHER SIGN COMPANY 07 05 2007 0 00 1 464 72
133420 hantho HANSEN THORP PELLINEN OLSON 07 05 2007 0 00 2 146 97
133421 hawche HA WKINS CHEMICAL 07 05 2007 0 00 8 745 78
133422 helms HELMETS R US 07 05 2007 0 00 177 75
133423 HofmLind Linda Hofmeister 07 05 2007 0 00 750 00
133424 hubepaul Paul Lisa Huber 07 05 2007 0 00 46 44
133425 ICMART ICMA RETIREMENT AND TRUST 457 07 05 2007 0 00 1 640 00
133426 imppor IMPERIAL PORTA PALACE 07 05 2007 0 00 3 871 29
133427 inngra INNOVATIVE GRAPHICS 07 05 2007 0 00 454 55
133428 JOHNSJER JERRE JOHNSON 07 05 2007 0 00 60 00
133429 KnoxKris Kris Knox 07 05 2007 0 00 250 00
133430 konhom Konen Homes Inc 07 05 2007 0 00 1 500 00
133431 laneq 1 Lano Equipment VOID 07 05 2007 45 95 0 00
133432 Lisilaur Laurie Lisignoli 07 05 2007 0 00 66 00
133433 lunbro LUNDGREN BROS CONSTRUCTION 07 05 2007 0 00 4 500 00
133434 midcoc MIDWEST COCA COLA 07 05 2007 0 00 58915
133435 MNCHIL MN CHILD SUPPORT PAYMENT CTR 07 05 2007 0 00 417 62
133436 MNCHIL MN CHILD SUPPORT PAYMENT CTR 07 05 2007 0 00 34 61
133437 MSRS MSRS 07 05 2007 0 00 2 508 90
133438 mtidis MTI DISTRIBUTING INC 07 05 2007 0 00 2 495 25
133439 NATRET NATIONWIDE RETIREMENT SOLUTION 07 05 2007 0 00 5 602 09
133440 NATRET NATIONWIDE RETIREMENT SOLUTION 07 05 2007 0 00 1 893 53
133441 NCPERS MN NCPERS LIFE INSURANCE 07 05 2007 0 00 32 00
133442 nessjuli JULIE NESSLY 07 05 2007 0 00 81 00
133443 prares PRAIRIE RESTORATIONS INC 07 05 2007 0 00 175 11
133444 PRTURF PRO TURF 07 05 2007 0 00 1 311 75
133445 quill QUILL CORPORATION 07 05 2007 0 00 456 16
133446 rbmser RBM SERVICES INC 07 05 2007 0 00 4 853 87
133447 reebus REED CONSTRUCTION DATA 07 05 2007 0 00 294 36
133448 robeingr Ingrid Roberts 07 05 2007 0 00 58 00
133449 roenoah Noah Roe 07 05 2007 0 00 250 00
133450 savsup SA VOlE SUPPLY CO INC 07 05 2007 0 00 199 37
133451 schson SCHARBER SONS INC 07 05 2007 0 00 23 96
133452 schuann Ann Marie Schultz 07 05 2007 0 00 20 00
133453 seadiv Seaya Diving Inc 07 05 2007 0 00 1 131 12
133454 shesup SHELTER SUPPLY 07 05 2007 0 00 3 415 27
133455 signso SIGNSOURCE 07 05 2007 0 00 185 85
133456 steman STEPP MANUFACTURING 07 05 2007 0 00 1 080 10
133457 sunhom Sunnybrook Homes Inc 07 05 2007 0 00 1 000 00
133458 UB 00075 First American Title 07 05 2007 0 00 36 21
133459 UB 00076 LLC Country Suites 07 05 2007 0 00 619 08
Page 1
207
CITY OF CHANHASSEN Accounts Payable Printed 07 13 2007 09 5 2
User danielle Checks by Date Summary by Check Number Summary
Check Number Vendor No Vendor Name Check Date Void Amount Check Amount
133460 UB 00077 LLC Title Vest 07 05 2007 0 00 20 07
133461 UB 00078 ALBERTA HOPINGS 07 05 2007 0 00 119 58
133462 UB 00079 RY AN MUSHEL 07 05 2007 0 00 44 73
133463 UB 00080 EDEN LLC 07 05 2007 0 00 15 96
133464 UNIWA Y UNITED WAY 07 05 2007 0 00 42 00
133465 VonrSue Sue Von Rentzell 07 05 2007 0 00 60 00
133466 wac far WACONIA FARM SUPPLY 07 05 2007 0 00 5 20
133467 WASMAN WASTE MANAGEMENT SA V AGE 07 05 2007 0 00 1 636 03
133468 watcom WATEROUS COMPANY 07 05 2007 0 00 569 00
133469 WingRich RICHARD WING 07 05 2007 0 00 200 00
133470 wsb WSB ASSOCIATES INC 07 05 2007 0 00 8 561 75
133471 wsdar WS DARLEY CO 07 05 2007 0 00 207 75
133472 wwgra WW GRAINGER INC 07 05 2007 0 00 56 17
133473 xcel XCEL ENERGY INC 07 05 2007 0 00 32 363 00
133474 BCATRA BCA TRAINING DEVELOPMENT 07 06 2007 0 00 15 00
133475 3 rdlai 3RD LAIR SKATEPARK 07 12 2007 0 00 11 7 00
133476 altbus Alternative Business Furniture 07 12 2007 0 00 159 75
133477 andon ANDON INC 07 12 2007 0 00 141 90
133478 azren A TO Z RENTAL CENTER 07 12 2007 0 00 169 45
133479 banidon DON BANIA 07 12 2007 0 00 400 00
133480 borsta BORDER STATES ELECTRIC SUPPLY 07 12 2007 0 00 92 15
133481 brotir BROWN S TIRE AUTO 07 12 2007 0 00 38 04
133482 browhi BROCK WHITE CO LLC 07 12 2007 0 00 261 65
133483 cabfev CABIN FEVER SPORTING GOODS 07 12 2007 0 00 47 91
133484 cantin CANON FINANCIAL SERVICES INC 07 12 2007 0 00 753 88
133485 capage CAP AGENCY 07 12 2007 0 00 2 100 00
133486 carred CARVER COUNTY RED CROSS 07 12 2007 0 00 93 75
133487 carne CARVER COUNTY TREASURER 07 12 2007 0 00 16 912 98
133488 cenene CENTERPOINT ENERGY MINNEGASCO 07 12 2007 0 00 711 37
133489 cinwir CINGULAR WIRELESS 07 12 2007 0 00 9 44
133490 c Ii the CLIMB THEATRE INC 07 12 2007 0 00 3 000 00
133491 corexp CORPORATE EXPRESS 07 12 2007 0 00 86 07
133492 cubfoo CUB FOODS 07 12 2007 0 00 949 68
133493 danka DANKA OFFICE IMAGING COMPANY 07 12 2007 0 00 822 38
133494 deeprock Deep Rock Water Company 07 12 2007 0 00 1 00 19
133495 diacom Diaperdeck and Company Inc 07 12 2007 0 00 215 00
133496 dirsaf DIRECT SAFETY COMPANY 07 12 2007 0 00 303 32
133497 don sod DON S SOD SERVICE 07 12 2007 0 00 1 131 24
133498 dyname DYNAMEX DELIVERS NOW 07 12 2007 0 00 29 99
133499 ehlers EHLERS ASSOCIATES INC 07 12 2007 0 00 1 215 00
133500 ENVIMAIN ENVIRONMENTAL MAINTENANCE SERV 07 12 2007 0 00 85 20
133501 essbro ESS BROTHERS SONS INC 07 12 2007 0 00 484 58
133502 exeoce Executive Ocean Inc 07 12 2007 0 00 15 98
133503 forame FORCE AMERICA INC 07 12 2007 0 00 60 51
133504 fosbro Foster Bros Marine 07 12 2007 0 00 3 345 00
133505 FreeBarb Barb Freeman 07 12 2007 0 00 54 50
133506 fshcom FSH COMMUNICATIONS LLC 07 12 2007 0 00 127 80
133507 geskgreg GREGG GESKE 07 12 2007 0 00 166 47
133508 grozer Ground Zero Services 07 12 2007 0 00 6 745 00
133509 hdsup HD Supply Waterworks LID 07 12 2007 0 00 1 094 91
133510 hlbtau HLB TAUTGES REDPATH LID 07 12 2007 0 00 3 975 75
133511 hoikoe HOISINGTON KOEGLER GROUP 07 12 2007 0 00 5 538 23
133512 JenkJoel JOEL JENKINS 07 12 2007 0 00 220 00
133513 kimhor KIMLEY HORN AND ASSOCIATES INC 07 12 2007 0 00 7 728 74
133514 KINKOS KINKOS 07 12 2007 0 00 398 04
133515 klmeng KLM ENGINEERING INC 07 12 2007 0 00 2 883 50
133516 kuscon KUSSKE CONSTRUCTION COMPANY 07 12 2007 0 00 14 244 57
133517 Lanzbob BOB LANZI 07 12 2007 0 00 132 00
133518 lymlum LYMAN LUMBER 07 12 2007 0 00 196 02
133519 merace MERLINS ACE HARDWARE 07 12 2007 0 00 965 82
133520 metco2 METROPOLITAN COUNCIL 07 12 2007 0 00 116 450 37
133521 metroc METROCALL 07 12 2007 0 00 39 66
Page 2
208
CITY OF CHANHASSEN Accounts Payable Printed 07 13 2007 09 5 2
User danielle Checks by Date Summary by Check Number Summary
Check Number Vendor No Vendor Name Check Date Void Amount Check Amount
133522 midcit Mid City Mechanical 07 12 2007 0 00 24 13
133523 MinnComm Minnetonka Community Education 07 12 2007 0 00 14 245 00
133524 mngfoa MN GFOA 07 12 2007 0 00 450 00
133525 moomed MOORE MEDICAL 07 12 2007 0 00 199 40
133526 mvec MN V ALLEY ELECTRIC COOP 07 12 2007 0 00 3 120 39
133527 nahashel Shelley Nahan 07 12 2007 0 00 125 00
133528 NALMS NALMS 07 12 2007 0 00 100 00
133529 natsem National Seminars Group 07 12 2007 0 00 179 00
133530 norqjoy JOY NORQUIST 07 12 2007 0 00 400 00
133531 oreaut O REILLY AUTOMOTIVE INC 07 12 2007 0 00 1 699 44
133532 oritra ORIENTAL TRADING COMPANY INC 07 12 2007 0 00 697 20
133533 ottalla Allan Ott 07 12 2007 0 00 100 00
133534 pralaw PRAIRIE LA WN GARDEN 07 12 2007 0 00 255 59
133535 prares PRAIRIE RESTORATIONS INC 07 12 2007 0 00 4 341 00
133536 prehea Precision Heating and Cooling 07 12 2007 0 00 7 50
133537 prosal PROMOTIONAL SALES INC 07 12 2007 0 00 343 00
133538 qwest QWEST 07 12 2007 0 00 68 42
133539 reebus REED CONSTRUCTION DATA 07 12 2007 0 00 294 36
133540 seh SEH 07 12 2007 0 00 5 376 66
133541 shewil SHERWIN WILLIAMS 07 12 2007 0 00 77 64
133542 signso SIGNSOURCE 07 12 2007 0 00 271 57
133543 SPAMOT SPARTAN MOTOR CHASSIS INC 07 12 2007 0 00 24 70
133544 spscom SPS COMPANIES INC 07 12 2007 0 00 136 81
133545 Steadenn Dennis 0 Stearns 07 12 2007 0 00 450 00
133546 strei c STREICHER S 07 12 2007 0 00 105 66
133547 swwc SWWC Service Cooperatives 07 12 2007 0 00 43 807 00
133548 Thompssa Sara Thompson 07 12 2007 0 00 102 93
133549 tongre TONKADALEGREENHOUSE 07 12 2007 0 00 633 29
133550 twicit TWIN CITY WATER CLINIC INC 07 12 2007 0 00 250 00
133551 tylejoan JOANN TYLER 07 12 2007 0 00 112 23
133552 usablu USA BLUE BOOK 07 12 2007 0 00 1 599 60
133553 verizo VERIZON WIRELESS 07 12 2007 0 00 7 15
133554 wac far WACONIA FARM SUPPLY 07 12 2007 0 00 739 41
133555 wascou WASHINGTON COUNTY 07 12 2007 0 00 331 98
133556 WATSON WATSON COMPANY 07 12 2007 0 00 915 47
133557 wenck WENCK ASSOCIATES INC 07 12 2007 0 00 2 391 25
133558 WhitThom Thomas W White 07 12 2007 0 00 950 00
133559 Woosto Woodland Stoves Fireplaces 07 12 2007 0 00 23 13
133560 wsb WSB ASSOCIATES INC 07 12 2007 0 00 4 209 00
133561 wwgra WW GRAINGER INC 07 12 2007 0 00 213 60
Report Total 45 95 391 736 10
Page 3
209
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
3RD LAIR SKATEPARK
3rdlai 3RD LAIR SKATEPARK
Ck 133475 07 12 07
Inv 062807
Line Item Date
07 11 07
Inv 062807 Total
Line Item Description
Skateboard camp
Line Item Account
101 1731 4300 11 7 00
11 7 00
Ck 133475 Total 11 7 00
3rdlai 3RD LAIR SKA TEPARK 117 00
3RD LAIR SKATEPARK 117 00
A TO Z RENTAL CENTER
azren A TO Z RENTAL CENTER
Ck 133478 07 12 07
Inv 1227078
Line Item Date Line Item Descriotion
06 21 07 Chair rental
Inv 1227078 Total
Line Item Account
101 1600 4130 169 45
169 45
Ck 133478 Total 169 45
azren A TO Z RENTAL CENTER 169 45
A TO Z RENTAL CENTER 169 45
ACS GOVERNMENT
acsgov ACS GOVERNMENT
Ck 133401 07 05 07
Inv 62368
Line Item Date Line Item Descriotion
06 20 07 Firehouse software license and
Inv 62368 Total
Line Item Account
101 1160 4300 855 99
855 99
Ck 133401 Total 855 99
acsgov ACS GOVERNMENT 855 99
ACS GOVERNMENT 855 99
Alternative Business Furniture
altbus Alternative Business Furniture
Ck 133476 07 12 07
Inv 28422
Line Item Date
06 29 07
Inv 28422 Total
Line Item Descriotion
File cabinet
Line Item Account
101 1130 4703 159 75
159 75
Ck 133476 Total 159 75
altbus Alternative Business Furniture 159 75
Alternative Business Furniture 159 75
Page 1
210
CITY OF CHANHAS
User danielle
ANCOM TECHNICAL CENTER
anctec ANCOM TECHNICAL CENTER
Ck 133403 07 05 07
Inv 74082
Line Item Date
06 29 07
Inv 74082 Total
Ck 133403 Total
anctec
Line Item Descriotion
Pager repair
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
Line Item Account
101 1220 4531 12 00
12 00
12 00
12 00
ANCOM TECHNICAL CENTER
ANCOM TECHNICAL CENTER
12 00
ANDERSON NANN
andenann ANDERSON NANN
Ck 133400 07 02 07
Inv 062907
Line Item Date
06 29 07
Inv 062907 Total
Ck 133400 Total
andenann
ANDERSON NANN
ANDONINC
andon ANDON INC
Ck 133477 07 12 07
Inv 171506
Line Item Date
06 28 07
Inv 171506 Total
Ck 133477 Total
andon
ANDONINC
Line Item Descriotion
Kaptain Kirby Train Rides 4th
ANDERSON NANN
Line Item Descriotion
Helium balloons ribbon
ANDONINC
Applied Ecological Services In
appeco Applied Ecological Services In
Ck 133404 07 05 07
Inv 15493
Line Item Date
06 15 07
Inv 15493 Total
Ck 133404 Total
appeco
Line Item Descriotion
Shoreline mowing and spraying
Applied Ecological Services In
Applied Ecological Services In
Line Item Account
101 1613 4300 495 00
495 00
495 00
495 00
495 00
Line Item Account
101 1613 4130 141 90
141 90
141 90
141 90
141 90
Line Item Account
720 0000 4300 800 00
800 00
800 00
800 00
800 00
Page 2
211
CITY OF CHANHAS
User danielle
ASPEN MILLS
aspmil ASPEN MILLS
Ck 133406 07 05 07
Jnv 74819
Line Item Date
06 29 07
Jnv 74819 Total
Line Item Descriotion
Firefighter shirts patches
Ck 133406 Total
aspmil ASPEN MILLS
ASPEN MILLS
ASSOC OF MN BUILDING OFFICIALS
ambo ASSOC OF MN BUILDING OFFICIALS
Ck 133402 07 05 07
Inv 2512 07 005
Line Item Date Line Item Descriotion
07 03 07 Membership renewal
Inv 2512 07 005 Total
Ck 133402 Total
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
Line Item Account
101 1220 4240 83 32
83 32
83 32
83 32
83 32
Line Item Account
101 1250 4360 200 00
200 00
200 00
200 00amboASSOCOFMNBUILDINGOFFICIALS
200 00ASSOCOFMNBUILDINGOFFICIALS
ASSURANT EMPLOYEE BENEFITS
asbene ASSURANT EMPLOYEE BENEFITS
Ck 133405 07 05 07
Jnv July2007
Line Item Date Line Item Descriotion
07 03 07 Long Term Disability premiums
07 03 07 Long Term Disability premiums
07 03 07 Long Term Disability premiums
07 03 07 Long Term Disability premiums
07 03 07 Long Term Disability premiums
Jnv July2007 Total
Ck 133405 Total
Line Item Account
210 0000 2015
720 0000 2015
701 0000 2015
700 0000 2015
101 0000 2015
19 95
5185
77 84
93 59
990 26
1 233 49
1 233 49
1 233 49asbeneASSURANTEMPLOYEEBENEFITS
1 233 49ASSURANTEMPLOYEEBENEFITS
BANIA DON
banidon BANIA DON
Ck 133479 07 12 07
Jnv 071907
Line Item Date
07 11 07
Inv 071907 Total
Line Item Descriotion
Safety camp presenters fee
Ck 133479 Total
banidon BANIA DON
Line Item Account
101 1210 3807 400 00
400 00
400 00
400 00
Page 3
212
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
BANIA DON
Amount
400 00
BCA TRAINING DEVELOPMENT
BCA TRA BCA TRAINING DEVELOPMENT
Ck 133474 07 06 07
Inv 070507
Line Item Date
07 05 07
Inv 070507 Total
Line Item DescriDtion
Background checks
Line Item Account
101 1120 4300 15 00
15 00
Ck 133474 Total 15 00
BCATRA DCA TRAINING DEVELOPMENT 15 00
BCA TRAINING DEVELOPMENT 15 00
BENIEK PROPERTY SERVICES INC
benpro BENIEK PROPERTY SERVICES INC
Ck 133407 07 05 07
Inv 130347
Line Item Date
06 27 07
Inv 130347 Total
Line Item Descriotion
Tigua Ln mowing and trimming
Line Item Account
101 1260 4300 130 46
130 46
Ck 133407 Total 130 46
benpro BENIEK PROPERTY SERVICES INC 130 46
BENIEK PROPERTY SERVICES INC 130 46
BORDER STATES ELECTRIC SUPPLY
borsta BORDER STATES ELECTRIC SUPPLY
Ck 133480 07 12 07
Inv 96629919
Line Item Date Line Item Descriotion
06 27 07 Fluorescent bulbs
Inv 96629919 Total
Line Item Account
101 1190 4510 92 15
92 15
Ck 133480 Total 92 15
borsta BORDER STATES ELECTRIC SUPPLY 92 15
BORDER STATES ELECTRIC SUPPLY 92 15
BROCK WHITE CO LLC
browhi BROCK WHITE CO LLC
Ck 133482 07 12 07
Inv 11658958 00
Line Item Date Line Item Descriotion
06 26 07 Detack
Inv 11658958 00 Total
Line Item Account
101 1320 4150 261 65
261 65
Ck 133482 Total 261 65
browhi BROCK WHITE CO LLC 261 65
BROCK WHITE CO LLC 261 65
Page 4
213
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
BROWN S TIRE AUTO
brotir BROWN S TIRE AUTO
Ck 133481 07 12 07
Iny 063007
Line Item Date
06 30 07
06 30 07
Iny 063007 Total
Line Item Descriotion
Propane
Car washes
Line Item Account
101 1320 4120
101 1250 4520
17 04
21 00
38 04
Ck 133481 Total 38 04
brotir BROWN S TIRE AUTO 38 04
BROWN S TIRE AUTO 38 04
CABIN FEVER SPORTING GOODS
cabfev CABIN FEVER SPORTING GOODS
Ck 133483 07 12 07
Iny 070207
Line Item Date
07 02 07
Iny 070207 Total
Line Item Descriotion
Rapala spinning combo
Line Item Account
101 1613 4130 31 95
3195
Iny 071007
Line Item Date Line Item Descriotion
07 10 07 Net
Iny 071007 Total
Line Item Account
101 1613 4130 15 96
15 96
Ck 133483 Total 47 91
cabfev CABIN FEVER SPORTING GOODS 47 91
CABIN FEVER SPORTING GOODS 47 91
CANON FINANCIAL SERVICES INC
cantin CANON FINANCIAL SERVICES INC
Ck 133484 07 12 07
Iny 7170922
Line Item Date Line Item Descriotion
07 01 07 Copier
Iny 7170922 Total
Line Item Account
101 1120 4410 753 88
753 88
Ck 133484 Total 753 88
cantin CANON FINANCIAL SERVICES INC 753 88
CANON FINANCIAL SERVICES INC 753 88
CAP AGENCY
capage CAP AGENCY
Ck 133485 07 12 07
Iny 31717
Line Item Date
06 30 07
Iny 31717 Total
Line Item Descriotion
2nd Quarter services
Line Item Account
101 1430 4300 2 100 00
2 100 00
Ck 133485 Total 2 100 00
Page 5
214
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
cap age CAP AGENCY
Amount
2 100 00
CAP AGENCY 2 100 00
CARVER COUNTY RED CROSS
carred CARVER COUNTY RED CROSS
Ck 133486 07 12 07
Jnv 80
Line Item Date
06 25 07
Inv 80 Total
Line Item Descriotion
Babysitting training supplies
Line Item Account
101 1731 4130 93 75
93 75
ek 133486 Total 93 75
carred CARVER COUNTY RED CROSS 93 75
CARVER COUNTY RED CROSS 93 75
CARVER COUNTY TREASURER
cartre CARVER COUNTY TREASURER
Ck 133487 07 12 07
Inv 070607
Line Item Date
07 06 07
Inv 070607 Total
Line Item Descriotion
Ownership name changes
Line Item Account
101 1150 4300 23 25
23 25
Inv sheri000939
Line Item Date Line Item Descriotion
07 02 07 2nd Qtr 2007 police contract 0
Inv sheri000939 Total
Line Item Account
101 1210 4300 16 889 73
16 889 73
Ck 133487 Total 16 912 98
cartre CARVER COUNTY TREASURER 16 912 98
CARVER COUNTY TREASURER 16 912 98
CATCO PARTS SERVICE
catpar CA TCO PARTS SERVICE
Ck 133408 07 05 07
Inv 3 31574
Line Item Date Line Item Descriotion
06 26 07 Horiz with bracket
Jnv 3 31574 Total
Line Item Account
101 1220 4140 39 29
39 29
Ck 133408 Total 39 29
catpar CA TCO PARTS SERVICE 39 29
CA TCO PARTS SERVICE 39 29
CENTERPOINT ENERGY MINNEGASCO
cenene CENTERPOINT ENERGY MINNEGASCO
Ck 133488 07 12 07
Inv 062207
Line Item Date
06 22 07
06 22 07
06 22 07
Line Item Descriotion
Gas charges
Gas charges
Gas charges
Line Item Account
700 7019 4320
700 0000 4320
101 1550 4320
329 41
10 12
24 38
Page 6
215
CITY OF CHANHAS
User danielle
06 22 07
06 22 07
06 22 07
Inv 062207 Total
Ck 133488 Total
cenene
Gas charges
Gas charges
Gas charges
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
101 1170 4320
101 1170 4320
101 1190 4320
Amount
10415
149 09
753 04
711 37
711 37
711 37
CENTERPOINT ENERGY MINNEGASCO
CENTERPOINT ENERGY MINNEGASCO
711 37
CENTURY TEL
centel CENTURY TEL
Ck 133409 07 05 07
Inv 062107
Line Item Date
06 21 07
06 21 07
06 21 07
06 21 07
06 21 07
06 21 07
06 21 07
06 21 07
06 21 07
06 21 07
06 21 07
Inv 062107 Total
Ck 133409 Total
centel
CENTURY TEL
Line Item Descriotion
Telephone charges
Telephone charges
Telephone charges
Telephone charges
Telephone charges
Telephone charges
Telephone charges
Telephone charges
Telephone charges
Telephone charges
Telephone charges
CENTURY TEL
CINGULAR WIRELESS
cinwir CINGULAR WIRELESS
Ck 133489 07 12 07
Inv 871186097
Line Item Date Line Item Descriotion
06 21 07 Telephone charges
Inv 871186097 Total
Ck 133489 Total
cinwir
CINGULAR WIRELESS
CINGULAR WIRELESS
CLIMB THEATRE INC
clithe CLIMB THEATRE INC
Ck 133490 07 12 07
Inv 42791
Line Item Date
07 06 07
Inv 42791 Total
Ck 133490 Total
Line Item Descriotion
Theatre presentations
Line Item Account
101 1350 4310
101 1550 4310
101 1220 4310
101 1370 4310
101 1530 4310
101 1540 4310
101 1190 4310
700 0000 4310
701 0000 4310
700 7019 4310
101 1170 4310
41 58
44 88
92 76
107 72
132 74
134 64
160 99
204 73
204 73
265 75
1 158 24
2 548 76
2 548 76
2 548 76
2 548 76
Line Item Account
101 1310 4310 9 44
9 44
9 44
9 44
9 44
Line Item Account
720 7201 4300 3 000 00
3 000 00
3 000 00
Page 7
216
CITY OF CHANHAS
User danielle
clithe CLIMB THEATRE INC
CLIMB THEATRE INC 3 000 00
CORPORA TE EXPRESS
corexp CORPORATE EXPRESS Account 101 1170 4110
Ck 133410 07 05 07
Inv 79427706
Line Item Date Line Item Descriotion
06 07 07 Labels
Inv 79427706 Total
Inv 79513266
Line Itern Date Line Item Descriotion
06 12 07 Return pens
Inv 79513266 Total
Inv 79843776
Line Item Date Line Item Descriotion
06 27 07 Scissors paperclips batterie
Inv 79843776 Total
Inv 79843777
Line Item Date Line Item Descriotion
06 27 07 Staplers
Inv 79843777 Total
Ck 133410 Total
Ck 133491 07 12 07
Inv 79308879
Line Item Date Line Item Descriotion
06 01 07 Pens
Inv 79308879 Total
Ck 133491 Total
corexp CORPORATE EXPRESS
CORPORATE EXPRESS
Country Suites LLC
UB 00076 Country Suites LLC
Ck 133459 07 05 07
Inv
Line Item Date
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
Inv Total
Line Item Descriotion
Refund check
Refund check
Refund check
Refund check
Refund check
Ck 133459 Total
UB 00076 Country Suites LLC
Country Suites LLC
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
3 000 00
Line Item Account
101 1170 4110 24 64
24 64
Line Item Account
101 1170 4110 32 40
32 40
Line Item Account
101 1170 4110 1 00 88
1 00 88
Line Item Account
101 1170 4110 45 77
45 77
138 89
Line Item Account
101 1170 4110 86 07
86 07
86 07
224 96
224 96
Line Item Account
700 0000 2020
720 0000 2020
700 0000 2020
700 0000 2020
701 0000 2020
0 20
13 75
15 76
242 43
346 94
619 08
619 08
619 08
619 08
Page 8
217
CITY OF CHANHAS
User danielle
CROWN TROPHY
crotro CROWN TROPHY
Ck 133411 07 05 07
Iny 157
Line Item Date
06 18 07
Iny 157 Total
Ck 133411 Total
crotro
CROWN TROPHY
CUB FOODS
cubfoo CUB FOODS
Ck 133492 07 12 07
Iny 0607
Line Item Date
06 29 07
Iny 0607 Total
Iny 063007
Line Item Date
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
Iny 063007 Total
Ck 133492 Total
cubfoo
CUB FOODS
Line Item Description
Safety camp medal inserts
CROWN TROPHY
Line Item Description
Misc fire department charges
Line Item Description
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
CUB FOODS
CUMMINS NORTH CENTRAL
CUMNOR CUMMINS NORTH CENTRAL
Ck 133412 07 05 07
Iny 300 81123
Line Item Date Line Item Description
06 26 07 Air cleaner element
Iny 300 81123 Total
Ck 133412 Total
CUMNOR
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
Line Item Account
101 1210 3807 249 74
249 74
249 74
249 74
249 74
Line Item Account
101 1220 4370 313 98
313 98
Line Item Account
101 1616 4370
101 1600 4130
101 1616 4130
101 1613 4130
101 1540 4130
2 78
53 86
149 37
197 79
231 90
635 70
949 68
949 68
949 68
Line Item Account
101 1220 4140 25 14
25 14
25 14
25 14
CUMMINS NORTH CENTRAL
CUMMINS NORTH CENTRAL
25 14
DANKA OFFICE IMAGING COMPANY
danka DANKA OFFICE IMAGING COMPANY
Ck 133493 07 12 07
InY 705513400
Line Item Date Line Item Description
06 30 07 Copier
Iny 705513400 Total
Line Item Account
101 1120 4410 822 38
822 38
Page 9
218
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Ck 133493 Total
Amount
822 38
danka DANKA OFFICE IMAGING COMPANY 822 38
DANKA OFFICE IMAGING COMPANY 822 38
Deep Roek Water Company
deeproek Deep Roek Water Company
Ck 133494 07 12 07
Inv 6142387
Line Item Date Line Item Descriotion
06 18 07 Water cups cooler rental
Inv 6142387 Total
Line Item Account
101 1550 4120 1 00 19
10019
Ck 133494 Total 1 00 19
deeproek Deep Roek Water Company 100 19
Deep Roek Water Company 100 19
Diaperdeek and Company Ine
diaeom Diaperdeek and Company Ine
Ck 133495 07 12 07
Inv 4393
Line Item Date
06 28 07
Inv 4393 Total
Line Item Descriotion
Infant changing table
Line Item Account
101 1170 4510 215 00
215 00
Ck 133495 Total 215 00
diaeom Diaperdeek and Company Ine 215 00
Diaperdeek and Company Ine 215 00
DIRECT SAFETY COMPANY
dirsaf DIRECT SAFETY COMPANY
Ck 133413 07 05 07
Inv 601155
Line Item Date Line Item Descriotion
06 28 07 Mesh vests
Inv 601155 Total
Line Item Account
400 4105 4705 412 79
412 79
Ck 133413 Total 412 79
Ck 133496
Inv 602401
Line Item Date
07 06 07
Inv 602401 Total
07 12 07
Line Item Descriotion
Floor squeegees handles
Line Item Account
101 1220 4260 303 32
303 32
Ck 133496 Total 303 32
dirsaf DIRECT SAFETY COMPANY 716 11
DIRECT SAFETY COMPANY 716 11
Page 10
219
CITY OF CHANHAS
User danielle
DON S SOD SERVICE
donsod DON S SOD SERVICE
Ck 133497 07 12 07
Inv 061207
Line Item Date
06 12 07
Inv 061207 Total
Line Item Descriotion
Sod Lk Ann park
Ck 133497 Total
donsod DON S SOD SERVICE
DON S SOD SERVICE
DYNAMEX DELIVERS NOW
dyname DYNAMEX DELIVERS NOW
Ck 133498 07 12 07
Inv 1292304
Line Item Date Line Item Descriotion
07 05 07 Delivery charges
Inv 1292304 Total
Ck 133498 Total
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
Line Item Account
101 1550 4150 1 13 1 24
1 131 24
1 131 24
1 131 24
1 131 24
Line Item Account
101 1310 4300 29 99
29 99
29 99
29 99
DYNAMEX DELIVERS NOW
DYNAMEX DELIVERS NOW
29 99
dyname
ECM PUBLISHERS INC
ecmpub ECM PUBLISHERS INC
Ck 133414 07 05 07
Inv 1967
Line Item Date
06 28 07
Inv 1967 Total
Line Item Descriotion
Chan area chamber map
Ck 133414 Total
ecmpub ECM PUBLISHERS INC
ECM PUBLISHERS INC
EDEN LLC
UB 00080 EDEN LLC
Ck 133463 07 05 07
Inv
Line Item Date Line Item Descriotion
07 02 07 Refund check
Inv Total
Ck 133463 Total
UB 00080 EDEN LLC
EDEN LLC
Line Item Account
101 1110 4340 395 00
395 00
395 00
395 00
395 00
Line Item Account
720 0000 2020 15 96
15 96
15 96
15 96
15 96
Page 11
220
CJTY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
EHLERS ASSOCIATES INC
ehlers EHLERS ASSOCIATES INC
Ck 133499 07 12 07
JnY 335147
Line Item Date Line Item Descriotion
07 10 07 Creation of an abatement distr
Jny 335147 Total
Line Item Account
411 0000 4300 450 00
450 00
Jny 335148
Line Item Date
07 10 07
07 10 07
07 10 07
Jny 335148 Total
Line Item Descriotion
Utility rate study
Utility rate study
Utility rate study
Line Item Account
700 0000 4300
701 0000 4300
720 0000 4300
255 00
255 00
255 00
765 00
Ck 133499 Total 1 215 00
ehlers EHLERS ASSOCIATES INC 1 215 00
EHLERS ASSOCIATES INC 1 215 00
ENVIRONMENTAL MAINTENANCE SERV
ENVIMAIN ENVIRONMENTAL MAINTENANCE SERV
Ck 133500 07 12 07
Jny 2559
Line Item Date
07 09 07
Jny 2559 Total
Line Item Descriotion
Black dirt
Line Item Account
700 0000 4150 85 20
85 20
Ck 133500 Total 85 20
ENVIMAIN ENVIRONMENTAL MAINTENANCE SERV 85 20
ENVIRONMENTAL MAINTENANCE SERV 85 20
ESS BROTHERS SONS INC
essbro ESS BROTHERS SONS INC
Ck 133501 07 12 07
Jny KK2968
Line Item Date Line Item Descriotion
06 26 07 Storm water drainage
Jny KK2968 Total
Line Item Account
101 1320 4540 484 58
484 58
Ck 133501 Total 484 58
essbro ESS BROTHERS SONS INC 484 58
ESS BROTHERS SONS INC 484 58
Executive Ocean Inc
exeoce Executive Ocean Inc
Ck 133502 07 12 07
Jny 1865
Line Item Date
07 06 07
Jny 1865 Total
Line Item Descriotion
Fishing contest trophy
Line Item Account
101 1613 4130 15 98
15 98
Ck 133502 Total 15 98
Page 12
221
CITY OF CHANHAS
User danielle
exeoce
Executive Ocean Inc
Executive Ocean Inc
FASTENAL COMPANY
fascom FASTENAL COMPANY
Ck 133415 07 05 07
Inv MNTI015064
Line Item Date Line Item Descriotion
06 20 07 Klondike black clear
Inv MNTI015064 Total
Ck 133415 Total
fascom
FASTENAL COMPANY
FASTENAL COMPANY
First American Title
UB 00075 First American Title
Ck 133458 07 05 07
Inv
Line Item Date
07 02 07
07 02 07
07 02 07
07 02 07
Inv Total
Ck 133458 Total
UB 00075
First American Title
Line Item Descriotion
Refund check
Refund check
Refund check
Refund check
First American Title
FLOYD TOTAL SECURITY
flotot FLOYD TOTAL SECURITY
Ck 133416 07 05 07
Inv 93748
Line Itern Date
06 26 07
Inv 93748 Total
Ck 133416 Total
flotot
Line Item Descriotion
Lock repair
FLOYD TOTAL SECURITY
FLOYD TOTAL SECURITY
FORCE AMERICA INC
forame FORCE AMERICA INC
Ck 133503 07 12 07
Inv 1281544
Line Item Date Line Item Descriotion
06 28 07 Seals
Inv 1281544 Total
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
15 98
15 98
Line Item Account
101 1550 4120 74 78
74 78
74 78
74 78
74 78
Line Item Account
700 0000 2020
720 0000 2020
700 0000 2020
701 0000 2020
0 56
218
11 54
2193
36 21
36 21
36 21
36 21
Line Item Account
101 1370 4510 25 00
25 00
25 00
25 00
25 00
Line Item Account
101 1550 4120 60 51
60 51
Page 13
222
CITY OF CHANHAS
User danielle
Ck 133503 Total
forame
FORCE AMERICA INC
FORCE AMERICA INC
Foster Bros Marine
fosbro Foster Bros Marine
Ck 133504 07 12 07
Inv 450
Line Item Date
04 26 07
Inv 450 Total
Ck 133504 Total
fosbro
Foster Bros Marine
Line Item Descriotion
Paddleboat
Foster Bros Marine
Freeman Barb
FreeBarb Freeman Barb
Ck 133505 07 12 07
Inv 2000711 002
Line Item Date Line Item Descriotion
07 10 07 V olleyball Camp refund
Inv 2000711 002 Total
Ck 133505 Total
FreeBarb
Freeman Barb
Freeman Barb
FSH COMMUNICATIONS LLC
fsheom FSH COMMUNICATIONS LLC
ek 133506 07 12 07
Inv 131731
Line Item Date
07 01 07
Inv 131731 Total
Ck 133506 Total
fsheom
Line Item Descriotion
Lk Ann payphones
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
60 51
60 51
60 51
Line Item Account
101 1540 4120 3 345 00
3 345 00
3 345 00
3 345 00
3 345 00
Line Item Account
101 1730 3636 54 50
54 50
54 50
54 50
54 50
Line Item Account
101 1540 4310 127 80
127 80
127 80
127 80
FSH COMMUNICATIONS LLC
FSH COMMUNICATIONS LLC
127 80
GERHARDT TODD
gerhtodd GERHARDT TODD
Ck 13341 7 07 05 07
Inv july07
Line Item Date
07 03 07
Inv july07 Total
Ck 133417 Total
Line Item Descriotion
July car allowance
Line Item Account
101 1120 4380 475 00
475 00
475 00
Page 14
223
CITY OF CHANHAS
User danielle
gerhtodd
GERHARDT TODD
GERHARDT TODD
GESKE GREGG
GeskGreg GESKE GREGG
Ck 133418 07 05 07
Jny 070307
Line Item Date
07 03 07
JnY 070307 Total
Ck 133418 Total
Ck 133507
Jny 070407
Line Item Date
07 09 07
Jny 070407 Total
Ck 133507 Total
geskgreg
GESKE GREGG
Line Item Descriotion
Replace ck 132824 lost
07 12 07
Line Item Descriotion
Food for 4th of July lunch
GESKE GREGG
GOPHER SIGN COMPANY
gopsig GOPHER SIGN COMPANY
Ck 133419 07 05 07
Iny 71655
Line Item Date
06 25 07
Jnv 71655 Total
Ck 133419 Total
gopsig
Line Item Descriotion
Speed limit signs stop signs
GOPHER SIGN COMPANY
GOPHER SIGN COMPANY
Ground Zero Services
grozer Ground Zero Services
Ck 133508 07 12 07
Jny 1923
Line Item Date
07 03 07
Jny 1923 Total
Jny 1924
Line Item Date
07 03 07
Jnv 1924 Total
Jny 1925
Line Item Date
07 03 07
Jny 1925 Total
Line Item Descriotion
Bandimere parking lot striping
Line Item Descriotion
So Lotus Lake parking lot stri
Line Item Descriotion
Lk Susan Park parking lot stri
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
475 00
475 00
Line Item Account
101 1220 4370 33 78
33 78
33 78
Line Item Account
101 1220 4370 166 47
166 47
166 47
200 25
200 25
Line Item Account
101 1320 4560 1 464 72
1 464 72
1 464 72
1 464 72
1 464 72
Line Item Account
101 1550 4300 1 525 00
1 525 00
Line Item Account
101 1550 4300 1 875 00
1 875 00
Line Item Account
101 1550 4300 3 345 00
3 345 00
Page 15
224
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Ck 133508 Total
Amount
6 745 00
grozer Ground Zero Services 6 745 00
Ground Zero Services 6 745 00
HANSEN THORP PELLINEN OLSON
hantho HANSEN THORP PELLINEN OLSON
Ck 133420 07 05 07
Iny 16232
Line Item Date
06 07 07
Iny 16232 Total
Line Item Description
Goers culvert
Line Item Account
720 0000 4300 2 146 97
2 146 97
Ck 133420 Total 2 146 97
hantho HANSEN THORP PELLINEN OLSON 2 146 97
HANSEN THORP PELLINEN OLSON 2 146 97
HAWKINS CHEMICAL
hawche HAWKINS CHEMICAL
Ck 133421 07 05 07
Iny 1079738 RI
Line Item Date Line Item Description
06 19 07 Phosphate
Iny 1079738 RI Total
Line Item Account
700 7019 4160 4 844 92
4 844 92
Iny 1080065 RI
Line Item Date Line Item Description
06 13 07 Azone 15
Iny 1080065 RI Total
Line Item Account
700 7019 4160 3 900 86
3 900 86
Ck 133421 Total 8 745 78
hawche HAWKINS CHEMICAL 8 745 78
HA WKINS CHEMICAL 8 745 78
HD Supply Waterworks L TD
hdsup HD Supply Waterworks L TD
Ck 133509 07 12 07
Inv 5529142
Line Item Date Line Item Description
07 05 07 Meas chamber
InY 5529142 Total
Line Item Account
700 0000 4250 1 094 91
1 094 91
Ck 133509 Total 1 094 91
hdsup HD Supply Waterworks LTD 1 094 91
HD Supply Waterworks L TD 1 094 91
Page 16
225
CITY OF CHANHAS
User danielle
HELMETS R US
helrus HELMETS R US
Ck 133422 07 05 07
Inv 19729
Line Item Date
06 26 07
Inv 19729 Total
Ck 133422 Total
h el rus
HELMETS R US
Line Item Descriotion
bicycle helmets
HELMETS R US
HLB TAUTGES REDPATH LTD
hlbtau OLB TAUTGES REDPATH LTD
Ck 1335 0 07 12 07
Inv 179553
Line Item Date
06 29 07
06 29 07
Inv 179553 Total
Ck 335 0 Total
hlbtau
Line Item Descriotion
2006 audit final billing
Accounting assistance
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
Line Item Account
101 1210 3629 177 75
177 75
177 75
177 75
177 75
Line Item Account
101 1130 4301
101 1130 4300
275 75
3 700 00
3 975 75
3 975 75
3 975 7S
HLB TAUTGES REDPATH LTD
HLB TAUTGES REDPATH LTD
3 975 75
Hofmeister Linda
HofmLind Hofmeister Linda
Ck 133423 07 05 07
Inv 6653
Line Item Date
07 02 07
Inv 6653 Total
Ck 133423 Total
HofmLind
Hofmeister Linda
Line Item Descriotion
Landscape escrow 6653 Merry PI
Hofmeister Linda
HOISINGTON KOEGLER GROUP
hoikoe HOISINGTON KOEGLER GROUP
Ck 133511 07 12 07
Jnv 07 14
Line Item Date
07 10 07
Jnv 07 14 Total
Inv 07 33
Line Item Date
07 0 07
Inv 07 33 Total
Ck 33511 Total
Line Item Descriotion
Parks mapping
Line Item Descriotion
Park plan update
Line Item Account
815 8201 2024 750 00
750 00
750 00
750 00
750 00
Line Item Account
410 0000 4300 1 775 00
1 775 00
Line Item Account
410 0000 4300 3 763 23
3 763 23
5 538 23
Page 17
226
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
5 538 23
HOISINGTON KOEGLER GROUP
HOISINGTON KOEGLER GROUP
5 538 23
hoikoe
HOPINGS ALBERTA
UB 00078 HOPINGS ALBERTA
Ck 133461 07 05 07
Inv
Line Item Date Line Item Descriotion
07 02 07 Refund check
Inv Total
Ck 133461 Total
UB 00078 HOPINGS ALBERTA
HOPINGS ALBERTA
Huber Paul Lisa
hubepaul Huber Paul Lisa
Ck 133424 07 05 07
Inv 2007 01356
Line Item Date Line Item Descriotion
06 22 07 Refund permit fees
06 22 07 Refund permit fees
Inv 2007 01356 Total
Ck 133424 Total
hubepaul Huber Paul Lisa
Huber Paul Lisa
ICMA RETIREMENT AND TRUST457
ICMART ICMA RETIREMENT AND TRUST 457
Ck 133425 07 05 07
Inv
Line Item Date
07 02 07
07 02 07
07 02 07
Inv Total
Line Item Descriotion
PR Batch 406 7 2007 ICMA
PR Batch 406 7 2007 ICMA
PR Batch 406 7 2007 ICMA
Ck 133425 Total
Line Item Account
700 0000 2020 119 58
119 58
119 58
119 58
119 58
Line Item Account
101 0000 2022
101 1250 3301
0 80
45 64
46 44
46 44
46 44
46 44
Line Item Account
210 0000 2009
720 0000 2009
101 0000 2009
3125
100 00
1 508 75
1 640 00
1 640 00
1 640 00
ICMA RETIREMENT AND TRUST 457
ICMA RETIREMENT AND TRUST 457
1 640 00
ICMART
IMPERIAL PORTA PALACE
imppor IMPERIAL PORTA PALACE
Ck 133426 07 05 07
Inv 5049
Line Item Date Line Item Descriotion
06 15 07 Rental and services for Parks
Inv 5049 Total
Line Item Account
101 1550 4400 1 435 62
1 435 62
Page 18
227
CITY OF CHANHAS
User danielle
Inv 5050
Line Item Date
06 15 07
Inv 5050 Total
Inv 5051
Line Item Date
06 15 07
Inv 5051 Total
Inv 5052
Line Item Date
0615 07
Inv 5052 Total
Inv 5053
Line Item Date
06 15 07
Inv 5053 Total
Inv 5054
Line Item Date
06 15 07
Inv 5054 Total
Ck 133426 Total
imppor
Line Item Descriotion
Rental and services for Parks
Line Item Descriotion
Rental and services for Parks
Line Item Descriotion
Rental and services for Parks
Line Item Descriotion
Rental and services for Parks
Line Item Descriotion
Rental and services for Parks
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
Line Item Account
101 1550 4400 94 79
94 79
Line Item Account
101 1550 4400 1 393 02
1 393 02
Line Item Account
101 1550 4400 94 79
94 79
Line Item Account
101 1550 4400 284 36
284 36
Line Item Account
101 1550 4400 568 71
568 71
3 871 29
3 871 29
3 871 29IMPERIALPORTAPALACE
IMPERIAL PORTA PALACE
INNOVATIVE GRAPHICS
inngra INNOVATIVE GRAPHICS
Ck 133427 07 05 07
Inv 24205
Line Item Date
06 20 07
Inv 24205 Total
Ck 133427 Total
inngra
Line Item Descriotion
Safety Camp t shirts
INNOVATIVE GRAPHICS
INNOVATIVE GRAPHICS
JENKINS JOEL
JenkJoel JENKINS JOEL
Ck 133512 07 12 07
Inv 4203
Line Item Date
07 11 07
Inv 4203 Total
Ck 133512 Total
JenkJoel
Line Item Descriotion
Adult softball umpire
JENKINS JOEL
Line Item Account
101 1210 3807 454 55
454 55
454 55
454 55
454 55
Line Item Account
101 1766 4300 220 00
220 00
220 00
220 00
Page 19
228
CITY OF CHANHAS
User danielle
JENKINS JOEL
JOHNSON JERRE
JOHNSJER JOHNSON JERRE
Ck 133428 07 05 07
Jnv 2000709 002
Line Item Date Line Item Descriotion
07 02 07 Refund senior activity
Jnv 2000709 002 Total
Ck 133428 Total
JOHNSJER JOHNSON JERRE
JOHNSON JERRE
KIMLEY HORN AND ASSOCIATES INC
kimhor KIMLEY HORN AND ASSOCIATES INC
Ck 133513 07 12 07
Jnv 3011917
Line Item Date Line Item Descriotion
05 31 07 2007 street improvement projec
Inv 3011917 Total
Ck 133513 Total
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
220 00
Line Item Account
101 1560 3637 60 00
60 00
60 00
60 00
60 00
Line Item Account
601 6017 4752 7 728 74
7 728 74
7 728 74
7 728 74
KIMLEY HORN AND ASSOCIATES INC
KIMLEY HORN AND ASSOCIATES INC
7 728 74
kimhor
KINKOS
KINKOS KINKOS
Ck 133514 07 12 07
Inv 62100003190
Line Item Date Line Item Descriotion
06 14 07 Folding
Inv 62100003190 TotID
Inv 62100003238
Line Item Date Line Item Descriotion
06 25 07 Mounting posters
Inv 62100003238 Total
Ck 133514 Total
KINKOS KINKOS
KINKOS
KLM ENGINEERING INC
klmeng KLM ENGINEERING INC
Ck 133515 07 12 07
Jnv 3230
Line Item Date
07 05 07
Jnv 3230 Total
Line Item Descriotion
Sprint antenna inspections
Line Item Account
101 1613 4340 158 41
158 41
Line Item Account
410 0000 4300 239 63
239 63
398 04
398 04
398 04
Line Item Account
101 1120 4300 2 883 50
2 883 50
Page 20
229
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Ck 133515 Total
Amount
2 883 50
klmeng KLM ENGINEERING INC 2 883 50
KLM ENGINEERING INC 2 883 50
Knox Kris
KnoxKris Knox Kris
Ck 133429 07 05 07
Iny 2005 01232
Line Item Date Line Item Descriotion
06 29 07 Erosion escrow 3801 Leslee Cur
Iny 2005 01232 Total
Line Item Account
815 8202 2024 250 00
250 00
Ck 133429 Total 250 00
KnoxKris Knox Kris 250 00
Knox Kris 250 00
Konen Homes Ine
konhom Konen Homes Ine
Ck 133430 07 05 07
Inv 2006 01306
Line Item Date Line Item Descriotion
07 03 07 Asbuilt escrow 6896 Navajo Dri
InY 2006 01306 Total
Line Item Account
815 8226 2024 1 500 00
1 500 00
Ck 133430 Total 1 500 00
konhom Konen Homes Ine 1 500 00
Konen Homes Ine 1 500 00
KUSSKE CONSTRUCTION COMPANY
kuseon KUSSKE CONSTRUCTION COMPANY
Ck 133516 07 12 07
InY 2
Line Item Date
06 11 07
Iny 2 Total
Line Item Descriotion
Curry Farms Park Utica Terr d
Line Item Account
720 0000 4300 14 244 57
14 244 57
Ck 133516 Total 14 244 57
kuseon KUSSKE CONSTRUCTION COMPANY 14 244 57
KUSSKE CONSTRUCTION COMPANY 14 244 57
LANZI BOB
Lanzbob LANZI BOB
Ck 133517 07 12 07
lny 4203
Line Item Date
07 11 07
InY 4203 Total
Line Item Descriotion
Adult softball umpire
Line Item Account
101 1766 4300 132 00
132 00
Ck 133517 Total 132 00
Page 21
230
CITY OF CHANHAS
User danielle
Laozbob LANZI BOB
LANZI BOB
Lisigooli Laurie
Lisilaur Lisigooli Laurie
Ck 133432 07 05 07
Inv 2000707 002
Line Item Date Line Item Description
06 27 07 Refund Lacrosse camp
Inv 2000707 002 Total
Ck 133432 Total
Lisilaur Lisignoli Laurie
Lisignoli Laurie
LUNDGREN BROS CONSTRUCTION
luobro LUNDGREN BROS CONSTRUCTION
Ck 133433 07 05 07
Inv 2005 00700
Line Item Date Line Item Description
07 02 07 As built escrow 7711 Ridgeview
Inv 2005 00700 Total
Inv 2005 01591
Line Item Date Line Item Description
07 02 07 As built escrow 7041 Mill Cree
Inv 2005 01591 Total
Inv 2006 00293
Line Item Date Line Item Description
06 29 07 Asbuilt escrow 9936 Trails End
Inv 2006 00293 Total
Ck 133433 Total
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
132 00
132 00
Line Item Account
101 1730 3636 66 00
66 00
66 00
66 00
66 00
Line Item Account
815 8226 2024 1 500 00
1 500 00
Line Item Account
815 8226 2024 1 500 00
1 500 00
Line Item Account
815 8226 2024 1 500 00
1 500 00
4 500 00
4 500 00
LUNDGREN BROS CONSTRUCTION
LUNDGREN BROS CONSTRUCTION
4 500 00
I U0 b ro
LYMAN LUMBER
Iymlum LYMAN LUMBER
Ck 133518 07 12 07
Inv 214760
Line Item Date
06 28 07
Inv 214760 Total
Line Item Description
Treated plywood
Ck 133518 Total
Iymlum LYMAN LUMBER
LYMAN LUMBER
Line Item Account
101 1613 4130 196 02
196 02
196 02
196 02
196 02
Page 22
231
CITY OF CHANHAS
User danielle
MERLINS ACE HARDWARE
merace MERLINS ACE HARDWARE
Ck 133519 07 12 07
Inv june07
Line Item Date
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
06 30 07
Inv june07 Total
Ck 133519 Total
merace
Line Item Descriotion
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
Line Item Account
700 7019 4550
101 1260 4140
700 0000 4120
720 0000 4130
101 1370 4150
101 1250 4140
701 0000 4160
700 0000 4140
101 1220 4350
101 1600 4130
701 0000 4553
101 1220 4140
101 1550 4260
700 0000 4150
101 1530 4300
101 1320 4120
101 1220 4290
101 1550 4120
101 1550 4150
3 32
6 27
6 55
9 66
1 0 22
1156
11 59
18 18
21 72
23 1 7
26 08
42 49
60 67
6150
75 46
88 84
102 35
183 45
202 74
965 82
965 82
965 82
MERLINS ACE HARDWARE
MERLINS ACE HARDWARE
965 82
METROCALL
metroc METROCALL
Ck 133521 07 12 07
Inv Q0315834G
Line Item Date Line Item Descriotion
07 03 07 Pager charges
07 03 07 Pager charges
07 03 07 Pager charges
07 03 07 Pager charges
07 03 07 Pager charges
Inv Q0315834G Total
Ck 133521 Total
met roc
METROCALL
METROCALL
Line Item Account
700 0000 4310
701 0000 4310
101 1320 4310
101 1220 4310
101 1260 4310
2 40
2 40
3 74
7 24
23 88
39 66
39 66
39 66
39 66
METROPOLITAN COUNCIL
metco2 METROPOLITAN COUNCIL Account 701 0000 4509
Ck 133520 07 12 07
Inv 851023
Line Item Date
07 03 07
Inv 851023 Total
Line Item Descriotion
Wastewater service August 07
Line Item Account
701 0000 4509 116 450 37
116 450 37
Page 23
232
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Ck 133520 Total
Amount
116 450 37
metco2 METROPOLITAN COUNCIL 116 450 37
METROPOLITAN COUNCIL 116 450 37
Mid City Mechanical
midcit Mid City Mechanical
Ck 133522 07 12 07
Iov 2007 01557
Line Item Date Line Item Descriotion
07 06 07 Permit fees refund 300 Shorevi
Inv 2007 01557 Total
Line Item Account
101 1250 4901 24 13
24 13
Ck 133522 Total 24 13
midcit Mid City Mechanical 24 13
Mid City Mechanical 24 13
MIDWEST COCA COLA
midcoc MIDWEST COCA COLA
Ck 133434 07 05 07
Ioy 168046210
Line Item Date Line Item Descriotion
06 26 07 Lk Ann concession supplies
Iny 168046210 Total
Line Item Account
101 1540 4130 589 15
58915
Ck 133434 Total 58915
midcoc MIDWEST COCA COLA 589 15
MIDWEST COCA COLA 589 15
Minnetonka Community Education
MinnComm Minnetonka Community Education
Ck 133523 07 12 07
Ioy 2006 1
Line Item Date
07 02 07
Inv 2006 1 Total
Line Item Descriotion
Lk Ann lifeguards
Line Item Account
101 1540 4300 14 245 00
14 245 00
Ck 133523 Total 14 245 00
MinnComm Minnetonka Community Education 14 245 00
Minnetonka Community Education 14 245 00
MN CHILD SUPPORT PAYMENT CTR
MNCHIL MN CHILD SUPPORT PAYMENT CTR
Ck 133435 07 05 07
Iny 001472166101
Line Item Date Line Item Descriotion
07 02 07 Pay Date 7 6 07 Case ID 0014
07 02 07 Pay Date 7 6 07 Case ID 0014
Iny 001472166101 Total
Line Item Account
701 0000 2006
700 0000 2006
11 55
406 07
417 62
Page 24
233
CITY OF CHANHAS
User danielle
Ck 133435 Total
Ck 133436 07 05 07
Jnv 001130771501
Line Item Date Line Item Description
07 02 07 Pay Date 7 6 07 Case ID 0011
Jnv 001130771501 Total
Ck 133436 Total
MNCHIL
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
417 62
Line Item Account
101 0000 2006 34 61
34 61
34 61
452 23
MN CHILD SUPPORT PAYMENT CTR
MN CHILD SUPPORT PAYMENT CTR
452 23
MN GFOA
mngfoa MN GFOA
Ck 133524 07 12 07
Inv 091907
Line Item Date
07 06 07
07 06 07
Inv 091907 Total
Ck 133524 Total
mngfoa
MN GFOA
Line Item Description
Conference registration Stic
Conference registration Wash
MN GFOA
MN NCPERS LIFE INSURANCE
NCPERS MN NCPERS LIFE INSURANCE
Ck 133441 07 05 07
Jnv
Line Item Date
07 02 07
07 02 07
07 02 07
Jnv Total
Ck 133441 Total
NCPERS
Line Item Description
PR Batch 406 7 2007 NCPERS lif
PR Batch 406 7 2007 NCPERS lif
PR Batch 406 7 2007 NCPERS lif
Line Item Account
101 1130 4370
101 1130 4370
225 00
225 00
450 00
450 00
450 00
450 00
Line Item Account
700 0000 2011
701 0000 2011
101 0000 2011
160
160
28 80
32 00
32 00
32 00
MN NCPERS LIFE INSURANCE
MN NCPERS LIFE INSURANCE
32 00
MN VALLEY ELECTRIC COOP
mvec MN VALLEY ELECTRIC COOP
Ck 133526 07 12 07
Jnv 062707
Line Item Date
06 27 07
06 27 07
06 27 07
06 27 07
lnv 062707 Total
Ck 133526 Total
Line Item Descriltion
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
28 01
273 01
2 800 63
3 120 39
3 120 39
Page 25
234
CITY OF CHANHAS
User danielle
mvec
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
3 120 39
MN VALLEY ELECTRIC COOP
MN VALLEY ELECTRIC COOP
3 120 39
MOORE MEDICAL
moomed MOORE MEDICAL
Ck 133525 07 12 07
Inv 80642202
Line Item Date Line Item Descriotion
07 02 07 First Aid supplies
Inv 80642202 Total
Ck 133525 Total
moomed
MOORE MEDICAL
MSRS
MSRS MSRS
Ck 133437
Inv
Line Item Date
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
07 02 07
MOORE MEDICAL
07 05 07
Line Item Descriotion
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Post Healt
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
PR Batch 406 7 2007 Ret Health
Line Item Account
101 1220 4130 199 40
199 40
199 40
199 40
199 40
Line Item Account
210 0000 2016
700 0000 2016
701 0000 2016
700 0000 2016
701 0000 2016
210 0000 2016
720 0000 2016
720 0000 2016
210 0000 2016
701 0000 2016
700 0000 2016
701 0000 2016
700 0000 2016
701 0000 2016
700 0000 2016
701 0000 2016
700 0000 2016
101 0000 2016
101 0000 2016
210 0000 2016
720 0000 2016
101 0000 2016
720 0000 2016
101 0000 2016
101 0000 2016
701 0000 2016
101 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
0 21
0 28
0 28
0 51
0 51
146
150
194
2 72
2 91
3 63
3 64
4 56
4 94
6 75
6 76
10 68
11 56
17 44
1912
19 54
19 80
25 29
26 80
27 15
37 66
43 65
60 12
64 34
139 86
158 62
228 03
258 79
350 36
354 90
592 59
Page 26
235
CITY OF CHANHAS
User danielle
Inv Total
Ck 133437 Total
MSRS MSRS
MSRS
MTI DISTRIBUTING INC
mtidis MTI DISTRIBUTING INC
Ck 133438 07 05 07
Inv 577575 00
Line Item Date Line Item Descriotion
06 21 07 Motor
Inv 577575 00 Total
Inv 579298 00
Line Item Date Line Item Descriotion
06 26 07 hydraulic motor
Inv 579298 00 Total
Ck 133438 Total
mtidis MTI DISTRIBUTING INC
MTI DISTRIBUTING INC
MUSHEL RYAN
UB 00079 MUSHEL RYAN
Ck 133462 07 05 07
Inv
Line Itern Date
07 02 07
07 02 07
07 02 07
07 02 07
Inv Total
Line Item Descriotion
Refund check
Refund check
Refund check
Refund check
Ck 133462 Total
UB 00079 MUSHEL RYAN
MUSHEL RYAN
Nahan Shelley
nahashel Nahan Shelley
Ck 133527 07 12 07
Inv 2073 170
Line Item Date Line Item Descriotion
06 14 07 Red Cross babysitting trainer
Inv 2073 170 Total
Ck 133527 Total
nahashel Nahan Shelley
Nahan Shelley
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
2 508 90
2 508 90
2 508 90
2 508 90
Line Item Account
101 1550 4120 1 232 52
1 232 52
Line Item Account
101 1550 4120 1 262 73
1 262 73
2 495 25
2 495 25
2 495 25
Line Item Account
700 0000 2020
720 0000 2020
700 0000 2020
701 0000 2020
182
713
12 33
23 45
44 73
44 73
44 73
44 73
Line Item Account
101 1731 4300 125 00
125 00
125 00
125 00
125 00
Page 27
236
CITY OF CHANHAS
User danielle
NALMS
NALMS NALMS
Ck 133528 07 12 07
Inv 6237
Line Item Date
06 29 07
Inv 6237 Total
Ck 133528 Total
NALMS
NALMS
Line Item Description
Membership renewal
NALMS
National Seminars Group
natsem National Seminars Group
Ck 133529 07 12 07
Inv 080207
Line Item Date
07 11 07
lov 080207 Total
Ck 133529 Total
natsem
National Seminars Group
Line Item Description
Workshop Washburn
National Seminars Group
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
Line Item Account
720 0000 4210 100 00
100 00
100 00
100 00
100 00
Line Item Account
101 1130 4370 179 00
179 00
179 00
179 00
179 00
NA TIONWIDE RETIREMENT SOLUTION
NA TRET NA TIONWIDE RETIREMENT SOLUTION
Ck 133439 07 05 07
Inv
Line Item Date
07 02 07
07 02 07
07 02 07
07 02 07
Inv Total
Ck 133439 Total
Line Item Description
PR Batch 406 7 2007 Nationwide
PR Batch 406 7 2007 Nationwide
PR Batch 406 7 2007 Nationwide
PR Batch 406 7 2007 Nationwide
Ck 133440 07 05 07
lnv
Line Item Date Line Item Descriotion
07 03 07 PR Batch 493 7 2007 USCM Fire
lov Total
Ck 133440 Total
NATRET
Line Item Account
720 0000 2009
701 0000 2009
700 0000 2009
101 0000 2009
50 00
248 98
423 02
4 880 09
5 602 09
5 602 09
Line Item Account
101 0000 2009 1 893 53
1 893 53
1 893 53
7 495 62
NATIONWIDE RETIREMENT SOLUTION
NA TIONWIDE RETIREMENT SOLUTION
7 495 62
NESSLY JULIE
nessjuli NESSLY JULIE
Ck 133442 07 05 07
Inv 2000708 002
Line Item Date
06 28 07
Line Item Description
Refund mini hawk tennis
Line Item Account
101 1730 3636 81 00
Page 28
237
CITY OF CHANHAS
User danielle
Inv 2000708 002 Total
Ck 133442 Total
nessjuli
NESSLY JULIE
NESSLY JULIE
NORQUIST JOY
norqjoy NORQUIST JOY
Ck 133530 07 12 07
Inv 071907
Line Item Date
0711 07
Inv 071907 Total
Ck 133530 Total
norqjoy
NORQUIST JOY
Line Item Descriotion
Safety camp presenters fee
NORQUIST JOY
O REILLY AUTOMOTIVE INC
oreaut O REILLY AUTOMOTIVE INC
Ck 133531 07 12 07
Inv 062807
Line Item Date
06 28 07
06 28 07
06 28 07
06 28 07
06 28 07
06 28 07
06 28 07
06 28 07
06 28 07
06 28 07
06 28 07
06 28 07
Inv 062807 Total
Ck 133531 Total
oreaut
Line Item Descriotion
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Miscellaneous charges
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
81 00
81 00
81 00
81 00
Line Item Account
101 1210 3807 400 00
400 00
400 00
400 00
400 00
Line Item Account
700 0000 4140
101 1260 4140
101 1320 4120
101 1420 4140
400 4107 4 704
101 1220 4140
101 1250 4140
400 4120 4704
101 1550 4140
101 1550 4120
101 1320 4140
701 0000 4140
615
29 56
32 04
32 70
95 79
102 60
147 07
198 04
222 27
224 75
232 92
387 85
1 699 44
1 699 44
1 699 44
O REILLY AUTOMOTIVE INC
O REILLY AUTOMOTIVE INC
1 699 44
ORIENTAL TRADING COMPANY INC
oritra ORIENTAL TRADING COMPANY INC
Ck 133532 07 12 07
Inv 617427101 01
Line Item Date Line Item Descriotion
06 29 07 4th of July carnival supplies
Inv 617427101 01 Total
Inv 617427101 02
Line Item Date Line Item Descriotion
06 29 07 4th of July carnival supplies
Line Item Account
101 1613 4130 517 70
517 70
Line Item Account
101 1613 4130 179 50
Page 29
238
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Inv 617427101 02 Total
Amount
179 50
Ck 133532 Total 697 20
oritra ORIENTAL TRADING COMPANY INC 697 20
ORIENTAL TRADING COMPANY INC 697 20
Ott Allan
ottalla Ott Allan
Ck 133533 07 12 07
Inv 063007
Line Item Date Line Item Descriotion
07 11 07 Barricade escrow refund
Inv 063007 Total
Line Item Account
815 8228 2024 100 00
100 00
Ck 133533 Total 100 00
ottalla Ott Allan 100 00
Ott Allan 100 00
POSTMASTER
post POSTMASTER
Ck 133398 06 29 07
Inv 062907
Line Itern Date
06 29 07
06 29 07
lov 062907 Total
Line Item Descriotion
June Utility Bills
June Utility Bills
Line Item Account
700 0000 4330
701 0000 4330
440 33
440 33
880 66
Ck 133398 Total 880 66
post POSTMASTER 880 66
POSTMASTER 880 66
PRAIRIE LAWN GARDEN
pralaw PRAIRIE LAWN GARDEN
Ck 133534 07 12 07
lov 113860
Line Item Date Line Item Descriotion
06 05 07 Power blower
lov 113860 Total
Line Item Account
101 1320 4120 255 59
255 59
Ck 133534 Total 255 59
pralaw PRAIRIE LAWN GARDEN 255 59
PRAIRIE LAWN GARDEN 255 59
PRAIRIE RESTORATIONS INC
prares PRAIRIE RESTORATIONS INC
Ck 133443 07 05 07
lov 104685
Line Item Date
06 21 07
Line Item Descriotion
Spot spray Lake Susan
Line Item Account
720 0000 4300 175 11
Page 30
239
CITY OF CHANHAS
User danielle
Iny 104685 Total
Ck 133443 Total
Ck 133535
Iny 10797
Line Item Date
07 10 07
Iny 10797 Total
Ck 133535 Total
prares
07 12 07
Line Item Descriotion
Lk Susan Hillside seeding
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
17511
175 11
Line Item Account
720 7202 4300 4 341 00
4 341 00
4 341 00
4 516 11
PRAIRIE RESTORATIONS INC
PRAIRIE RESTORATIONS INC
4 516 11
Precision Heating and Cooling
prehea Precision Heating and Cooling
Ck 133536 07 12 07
Iny 2007 01554
Line Item Date Line Item Descriotion
07 06 07 Overpayment 7207 Frontier Trai
Iny 2007 01554 Total
Ck 133536 Total
prehea
Precision Heating and Cooling
Precision Heating and Cooling
PRO TURF
PRTURF PRO TURF
Ck 133444 07 05 07
Iny 196563
Line Item Date
06 23 07
Iny 196563 Total
Iny 196574
Line Item Date
06 23 07
Iny 196574 Total
Iny 196579
Line Item Date
06 23 07
Inv 196579 Total
Ck 133444 Total
PRTURF
PRO TURF
Line Item Descriotion
Fertilizer treatment Fire Stat
Line Item Descriotion
Fertilizer treatment Library
Line Item Descriotion
Fertilizer treatment
PRO TURF
Line Item Account
101 1250 4901 7 50
7 50
7 50
7 50
7 50
Line Item Account
101 1550 4300 102 38
102 38
Line Item Account
101 1550 4300 145 00
145 00
Line Item Account
101 1550 4300 1 064 37
1 064 37
1 311 75
1 311 75
1 311 75
Page 31
240
CJTY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
PROMOTIONAL SALES INC
prosal PROMOTIONAL SALES INC
Ck 133537 07 12 07
Iny 352
Line Item Date Line Item Descriotion
06 29 07 shirts
Jny 352 Total
Line Item Account
101 1600 4240 343 00
343 00
Ck 133537 Total 343 00
prosal PROMOTIONAL SALES INC 343 00
PROMOTIONAL SALES INC 343 00
QUILL CORPORATION
quill QUILL CORPORATION
Ck 133445 07 05 07
Iny 7806552
Line Item Date Line Item Descriotion
06 21 07 Paper labels tape
Jny 7806552 Total
Line Item Account
101 1170 4110 417 05
417 05
Jny 7811969
Line Item Date Line Item Descriotion
06 21 07 Pens
Jny 7811969 Total
Line Item Account
101 1170 4110 39 11
3911
Ck 133445 Total 456 16
quill QUILL CORPORATION 456 16
QUILL CORPORATION 456 16
QWEST
qwest QWEST
Ck 133538
JnY 070107
Line Item Date
07 01 07
07 01 07
Jny 070107 Total
07 12 07
Line Item Descriotion
Telephone charges
Telephone charges
Line Item Account
700 0000 4310
701 0000 4310
34 21
34 21
68 42
Ck 133538 Total 68 42
qwest QWEST 68 42
QWEST 68 42
RBM SERVICES INC
rbmser RBM SERVICES INC
Ck 133446 07 05 07
Iny 12241
Line Item Date
06 30 07
Iny 12241 Total
Line Item Descriotion
Nightly janitorial City Hall
Line Item Account
101 1170 4350 2 516 19
2 516 19
Jny 12242
Line Item Date
06 30 07
Line Item Descriotion
Nightly janitorial Library
Line Item Account
101 1190 4350 2 337 68
Page 32
241
CITY OF CHANHAS
User danielle
Inv 12242 Total
Ck 133446 Total
rbmser RBM SERVICES INC
RBM SERVICES INC
REED CONSTRUCTION DATA
reebus REED CONSTRUCTION DATA
Ck 133447 07 05 07
Iny 3669346
Line Item Date Line Item Descriotion
06 26 07 Lake Ann Park field lighting I
Iny 3669346 Total
Ck 133447 Total
Ck 133539 07 12 07
Iny 3685830
Line Item Date Line Item Descriotion
07 05 07 Lk Ann Park field lighting leg
Iny 3685830 Total
Ck 133539 Total
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
2 337 68
4 853 87
4 853 87
4 853 87
Line Item Account
410 0000 4300 294 36
294 36
294 36
Line Item Account
410 0000 4340 294 36
294 36
294 36
588 72
REED CONSTRUCTION DATA
REED CONSTRUCTION DATA
588 72
reebus
Roberts Ingrid
robeingr Roberts Ingrid
Ck 133448 07 05 07
Iny 12598
Line Itern Date
06 26 07
Iny 12598 Total
Line Item Descriotion
Refund Lacrosse camp
Ck 133448 Total
robeingr Roberts Ingrid
Roberts Ingrid
Roe Noah
roenoah Roe Noah
Ck 133449 07 05 07
Iny 2007 00472
Line Item Date Line Item Descriotion
07 03 07 Erosion escrow 640 Conestoga T
Iny 2007 00472 Total
Ck 133449 Total
roenoah Roe Noah
Roe Noah
Line Item Account
101 1730 3636 58 00
58 00
58 00
58 00
58 00
Line Item Account
815 8202 2024 250 00
250 00
250 00
250 00
250 00
Page 33
242
CITY OF CHANHA8
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
SAVOIE SUPPLY CO INC
savsup SAVOIE SUPPLY CO INC
Ck 133450 07 05 07
Inv 82204877 001
Line Item Date Line Item Descriotion
06 26 07 Mats
Inv 82204877 001 Total
Line Item Account
101 1170 4150 199 37
199 37
Ck 133450 Total 199 37
savsup SAVOIE SUPPLY CO INC 199 37
SAVOIE SUPPLY CO INC 199 37
SCHARBER SONS INC
schson SCHARBER SONS INC
Ck 133451 07 05 07
Inv 380545
Line Item Date
06 25 07
Inv 380545 Total
Line Item Descriotion
Pins
Line Item Account
101 1550 4120 23 96
23 96
Ck 133451 Total 23 96
schson SCHARBER SONS INC 23 96
SCHARBER SONS INC 23 96
Schultz Ann Marie
schuann Schultz Ann Marie
Ck 133452 07 05 07
Inv 2000673 002
Line Item Date Line Item Descriotion
06 29 07 Refund Dance Jazz
Inv 2000673 002 Total
Line Item Account
101 1534 3631 10 00
1 0 00
Inv 2000674 002
Line Item Date Line Item Descriotion
06 29 07 Refund Dance Ballet
Inv 2000674 002 Total
Line Item Account
101 1534 3631 10 00
1 0 00
Ck 133452 Total 20 00
schuann Schultz Ann Marie 20 00
Schultz Ann Marie 20 00
Seaya Diving Inc
seadiv Seaya Diving Inc
Ck 133453 07 05 07
Inv 306628
Line Item Date
06 28 07
Inv 306628 Total
Line Item Descriotion
Tank inspections
Line Item Account
101 1220 4530 989 63
989 63
Inv 306629
Line Item Date
06 28 07
Line Item Descriotion
Dive lights whandle
Line Item Account
101 1220 4260 141 49
Page 34
243
CITY OF CHANHAS
User danielle
Inv 306629 Total
Ck 133453 Total
seadiv
Seaya Diving Ine
SEH
seh SED
Ck 133540
Jnv 162866
Line Item Date
06 12 07
Inv 162866 Total
Ck 133540 Total
seh
SED
Seaya Diving Ine
07 12 07
Line Item Descriotion
Comprehensive water plan
SEH
SHELTER SUPPLY
shesup SHELTER SUPPLY
Ck 133454 07 05 07
Jnv 157126
Line Item Date
06 22 07
Inv 157126 Total
Ck 133454 Total
shesup
SHELTER SUPPLY
Line Item Descriotion
Heat pump
SHELTER SUPPLY
SHERWIN WILLIAMS
shewil SHERWIN WILLIAMS
Ck 133541 07 12 07
Inv 4185 3
Line Item Date
06 22 07
Inv 4185 3 Total
Ck 133541 Total
shewil
SHERWIN WILLIAMS
SIGNSOURCE
sign so SIGNSOURCE
Ck 133455 07 05 07
Jnv 13080
Line Item Date
06 05 07
Jnv 13080 Total
Line Item Descriotion
White paint
SHERWIN WILLIAMS
Line Item Descriotion
Cars with trailers only sign
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
141 49
1 131 12
1 131 12
1 131 12
Line Item Account
101 1421 4300 5 376 66
5 376 66
5 376 66
5 376 66
5 376 66
Line Item Account
700 0000 4530 3 415 27
3 415 27
3 415 27
3 415 27
3 415 27
Line Item Account
101 1320 4540 77 64
77 64
77 64
77 64
77 64
Line Item Account
101 1550 4560 140 05
140 05
Page 35
244
CITY OF CHANHAS
User danielle
JnY 13181
Line Item Date
06 13 07
Jny 13181 Total
Ck 133455 Total
Ck 133542
Jny 13265
Line Item Date
06 19 07
Jny 13265 Total
Jny 13301
Line Item Date
06 20 07
Jny 13301 Total
Ck 133542 Total
signso
SIGNSOURCE
Line Item Descriotion
Nameplate insert
07 12 07
Line Item Descriotion
Park signs
Line Item Descriotion
Park signs
SIGNSOURCE
SPARTAN MOTOR CHASSIS INC
SPAMOT SPARTAN MOTOR CHASSIS INC
Ck 133543 07 12 07
Jny S8166LOO
Line Item Date Line Item Descriotion
06 21 07 Door switch
Jny S8166LOO Total
Ck 133543 Total
SPAMOT
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
Line Item Account
101 11 70 411 0 45 80
45 80
185 85
Line Item Account
101 1550 4560 181 04
181 04
Line Item Account
101 1550 4560 90 53
90 53
271 57
457 42
457 42
Line Item Account
101 1220 4140 24 70
24 70
24 70
24 70
SPARTAN MOTOR CHASSIS INC
SPARTAN MOTOR CHASSIS INC
24 70
SPS COMPANIES INC
spscom SPS COMPANIES INC
Ck 133544 07 12 07
Jny S 1675336 001
Line Item Date Line Item Descriotion
06 27 07 Areator
Iny S 1675336 001 Total
Ck 133544 Total
spscom
SPS COMPANIES INC
SPS COMPANIES INC
Stearns Dennis 0
Steadenn Stearns Dennis 0
Ck 133545 07 12 07
Jny 4203
Line Item Date
07 10 07
Line Item Descriotion
Summer concert series
Line Item Account
101 1190 4510 136 81
136 81
136 81
136 81
136 81
Line Item Account
101 1600 4300 450 00
Page 36
245
CITY OF CHANHAS
User danielle
Inv 4203 Total
Ck 133545 Total
Steadenn Stearns Dennis 0
Stearns Dennis 0
STEPP MANUFACTURING
sternan STEPP MANUFACTURING
Ck 133456 07 05 07
Inv 35084
Line Item Date
06 20 07
Inv 35084 Total
Line Item Descriotion
Hot tar hose heating element
Ck 133456 Total
sternan STEPP MANUFACTURING
STEPP MANUFACTURING
STREICHER S
streit STREICHER S
Ck 133546 07 12 07
Inv 1445221
Line Item Date Line Item Descriotion
07 02 07 Surveillance earpiece
Inv 1445221 Total
Inv 1445474
Line Item Date Line Item Descriotion
07 03 07 Shirt and embroidery
Inv 1445474 Total
Ck 133546 Total
streit STREICHER S
STREICHER S
SUBURBAN CHEVROLET
SUBCHE SUBURBAN CHEVROLET
ek 133399 06 29 07
Inv 481619
Line Item Date Line Item Descriotion
03 08 07 TUBING
Inv 481619 Total
Inv 487849
Line Item Date
04 24 07
Inv 487849 Total
Line Item Descriotion
Belt and Brg Asm
Inv 488846
Line Item Date
05 01 07
Line Item Descriotion
nuts and bolts
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
450 00
450 00
450 00
450 00
Line Item Account
101 1320 4120 1 08010
1 08010
1 080 10
1 080 10
1 080 10
Line Item Account
101 1260 4240 52 77
52 77
Line Item Account
101 1260 4240 52 89
52 89
105 66
105 66
105 66
Line Item Account
101 15504140 32 21
32 21
Line Item Account
101 1220 4140 72 65
72 65
Line Item Account
700 0000 4120 3 26
Page 37
246
CITY OF CHANHAS
User danielle
Iny 488846 Total
Iny 490318
Line Item Date
05 14 07
InY 490318 Total
Line Item Descriotion
Switch for 418
Iny CM481619
Line Item Date Line Item Descriotion
06 29 07 RETURN OF TUBING
Iny CM481619 Total
Ck 133399 Total
SUBCHE
SUBURBAN CHEVROLET
SUBURBAN CHEVROLET
Sunnybrook Homes Inc
sunhom Sunnybrook Homes Inc
Ck 133457 07 05 07
Iny 6653
Line Item Date
07 02 07
InY 6653 Total
Ck 133457 Total
sunhom
Sunnybrook Homes Inc
Line Item Descriotion
Erosion escrow 6653 Merry Plac
Sunnybrook Homes Inc
SWWC Service Cooperatives
swwc SWWC Service Cooperatives
Ck 133547 07 12 07
Inv aug07
Line Item Date
07 03 07
07 03 07
07 03 07
07 03 07
07 03 07
07 03 07
Iny aug07 Total
Ck 133547 Total
swwc
Line Item Description
August health premiums
August health premiums
August health premiums
August health premiums
August health premiums
August health premiums
SWWC Service Cooperatives
SWWC Service Cooperatives
Thompson Sara
Thompssa Thompson Sara
Ck 133548 07 12 07
Iny 070607
Line Item Date
07 10 07
InY 070607 Total
Line Item Descriotion
Reimburse program supplies
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
3 26
Line Item Account
101 1550 4140 3 70
3 70
Line Item Account
101 1550 4140 32 21
32 21
79 61
79 61
79 61
Line Item Account
815 8202 2024 1 000 00
1 000 00
1 000 00
1 000 00
1 000 00
Line Item Account
210 0000 2012
101 0000 2012
720 0000 2012
701 0000 2012
700 0000 2012
101 0000 2012
568 25
1 126 50
1 910 38
2 371 30
3 592 80
34 237 77
43 807 00
43 807 00
43 807 00
43 807 00
Line Item Account
101 1616 4130 102 93
102 93
Page 38
247
CITY OF CHANHAS
User danielle
Ck 133548 Total
Thompssa
Thompson Sara
Thompson Sara
Title Vest LLC
UB 00077 Title Vest LLC
Ck 133460 07 05 07
Inv
Line Item Date
07 02 07
07 02 07
07 02 07
07 02 07
Inv Total
Ck 133460 Total
UB 00077
Title Vest LLC
Line Item Descriotion
Refund check
Refund check
Refund check
Refund check
Title Vest LLC
TONKADALEGREENHOUSE
tongre TONKADALE GREENHOUSE
Ck 133549 07 12 07
Inv 1 238789
Line Item Date Line Item Descriotion
06 15 07 Dinner Theater sign planting
Inv 1 238789 Total
Ck 133549 Total
tongre
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
102 93
102 93
102 93
Line Item Account
700 0000 2020
720 0000 2020
700 0000 2020
701 0000 2020
0 81
315
5 55
10 56
20 07
20 07
20 07
20 07
Line Item Account
720 7202 4300 633 29
633 29
633 29
633 29
TONKADALE GREENHOUSE
TONKADALEGREENHOUSE
633 29
TWIN CITY WATER CLINIC INC
twicit TWIN CITY WATER CLINIC INC
Ck 133550 07 12 07
Inv 3833
Line Item Date
07 02 07
Inv 3833 Total
Ck 133550 Total
twicit
Line Item Descriotion
June 07 bacteria analysis
Line Item Account
700 0000 4300 250 00
250 00
250 00
250 00
TWIN CITY WATER CLINIC INC
TWIN CITY WATER CLINIC INC
250 00
TYLER JOANN
tylejoan TYLER JOANN
Ck 133551 07 12 07
Inv 070907
Line Item Date
07 10 07
Line Item Descriotion
4th of July candy for parade
Line Item Account
101 1220 4370 112 23
Page 39
248
CITY OF CHANHAS
User danielle
Iny 070907 Total
Ck 133551 Total
tylejoan TYLER JOANN
TYLER JOANN
UNITED WAY
UNIWA Y UNITED WAY
Ck 133464 07 05 07
Iny
Line Item Date
07 02 07
Iny Total
Line Item Descriotion
PR Batch 406 7 2007 United Way
Ck 133464 Total
UNIWAY UNITED WAY
UNITED WAY
USA BLUE BOOK
usablu USA BLUE BOOK
Ck 133552 07 12 07
Iny 400248
Line Item Date
06 27 07
Iny 400248 Total
Line Item Descriotion
Well 4 pump backflow prevent
Ck 133552 Total
usablu USA BLUE BOOK
USA BLUE BOOK
VERIZON WIRELESS
verizo VERIZON WIRELESS
Ck 133553 07 12 07
Inv 1724465457
Line Item Date Line Item Descriotion
07 11 07 Telephone charges
Iny 1724465457 Total
Ck 133553 Total
verizo VERIZON WIRELESS
VERIZON WIRELESS
Von Rentzell Sue
V onrSue Von Rentzell Sue
Ck 133465 07 05 07
InY 2000688 002
Line Item Date Line Item Descriotion
06 12 07 Refund Summer dance camp
Iny 2000688 002 Total
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
112 23
112 23
112 23
112 23
Line Item Account
101 0000 2006 42 00
42 00
42 00
42 00
42 00
Line Item Account
700 0000 4550 1 599 60
1 599 60
1 599 60
1 599 60
1 599 60
Line Item Account
101 1220 4310 715
7 15
715
7 15
7 15
Line Item Account
101 1534 3631 60 00
60 00
Page 40
249
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Ck 133465 Total
Amount
60 00
VonrSue Von Rentzell Sue 60 00
Von Rentzell Sue 60 00
WACONIA FARM SUPPLY
wacfar WACONIA FARM SUPPLY
Ck 133466 07 05 07
Inv K89137
Line Item Date Line Item Descriotion
06 28 07 Gas hose
Inv K89137 Total
Line Item Account
101 1320 4140 5 20
5 20
Ck 133466 Total 5 20
Ck 133554 07 12 07
Inv K85836
Line Item Date Line Item Descriotion
06 12 07 Roundup weathermax
Inv K85836 Total
Line Item Account
101 1550 4150 739 41
739 41
Ck 133554 Total 739 41
wacfar WACONIA FARM SUPPLY 744 61
WACONIA FARM SUPPLY 744 61
WASHINGTON COUNTY
wascou WASHINGTON COUNTY
Ck 133555 07 12 07
Inv 56733
Line Item Date Line Item Descriotion
07 01 07 Radio counts
Inv 56733 Total
Line Item Account
101 1220 4531 331 98
331 98
Ck 133555 Total 331 98
wascou WASHINGTON COUNTY 331 98
WASHINGTON COUNTY 331 98
WASTE MANAGEMENT SAVAGE
WASMAN WASTE MANAGEMENT SAVAGE
ek 133467 07 05 07
Inv 4120388 2282 8
Line Item Date Line Item Descriotion
07 01 07 Garbage hauling
07 01 07 Garbage hauling
07 01 07 Garbage hauling
07 01 07 Garbage hauling
07 01 07 Garbage hauling
07 01 07 Garbage hauling
Inv 4120388 2282 8 Total
Line Item Account
101 1220 4350
101 1190 4350
101 1220 4350
101 1370 4350
101 1170 4350
101 1550 4350
15 96
62 63
71 55
147 24
172 84
1 165 81
1 636 03
Ck 133467 Total 1 636 03
Page 41
250
CITY OF CHANHAS
User danielle
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
WASMAN WASTE MANAGEMENT SAVAGE
Amount
1 636 03
WASTE MANAGEMENT SAVAGE 1 636 03
WATEROUS COMPANY
watcom WA TEROUS COMPANY
Ck 133468 07 05 07
Inv P298191 001
Line Item Date Line Item Descriotion
06 26 07 Seal kits
Inv P298191 001 Total
Line Item Account
101 1220 4520 569 00
569 00
ek 133468 Total 569 00
watcom WA TEROUS COMPANY 569 00
WATEROUS COMPANY 569 00
WATSON COMPANY
WATSON WATSON COMPANY
Ck 133556 07 12 07
Inv 739269
Line Item Date
06 28 07
Inv 739269 Total
Line Item Descriotion
Lk Ann concession supplies
Line Item Account
101 1540 4130 915 47
915 47
Ck 133556 Total 915 47
WATSON WATSON COMPANY 915 47
WATSON COMPANY 915 47
WENCK ASSOCIATES INC
wenck WENCK ASSOCIATES INC
Ck 133557 07 12 07
Inv 702068
Line Item Date
06 30 07
Inv 702068 Total
Line Item Descriotion
Nondegradation assessment
Line Item Account
720 0000 4300 895 00
895 00
Inv 702069
Line Item Date
06 30 07
Inv 702069 Total
Line Item Descriotion
Lake Susan shoreline repair
Line Item Account
720 0000 4300 1 496 25
1 496 25
Ck 133557 Total 2 391 25
wenck WENCK ASSOCIATES INC 2 391 25
WENCK ASSOCIATES INC 2 391 25
White Thomas W
WhitThom White Thomas W
Ck 133558 07 12 07
Inv 706
Line Item Date
07 07 07
Line Item Descriotion
Fire station 2 repairs and pa
Line Item Account
101 1220 4300 950 00
Page 42
251
CITY OF CHANHAS
User danielle
Inv 706 Total
Ck 133558 Total
WhitThom White Thomas W
White Thomas W
WING RICHARD
WingRich WING RICHARD
Ck 133469 07 05 07
Inv 2ndQtr07
Line Item Date Line Item Descriotion
07 03 07 Fire station cleaning
Inv 2ndQtr07 Total
Ck 133469 Total
WingRich WING RICHARD
WING RICHARD
Woodland Stoves Fireplaces
Woosto Woodland Stoves Fireplaces
Ck 133559 07 12 07
Inv 2007 01571
Line Item Date Line Item Descriotion
07 09 07 Overpayment 185 Pioneer Trail
Inv 2007 01571 Total
Ck 133559 Total
Woosto Woodland Stoves Fireplaces
Woodland Stoves Fireplaces
WS DARLEY CO
wsdar WS DARLEY CO
Ck 133471 07 05 07
Inv 754982
Line Item Date
06 26 07
Inv 754982 Total
Line Item Descriotion
Battery sticks
Ck 133471 Total
wsdar WS DARLEY CO
WS DARLEY CO
WSB ASSOCIATES INC
wsb WSB ASSOCIATES INC
Ck 133470 07 05 07
Inv 5
Line Item Date
06 20 07
06 20 07
Line Item Descriotion
Lift Station 3
Comprehensive sanitary sewer p
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
950 00
950 00
950 00
950 00
Line Item Account
101 1220 4350 200 00
200 00
200 00
200 00
200 00
Line Item Account
101 1250 4901 23 13
23 13
23 13
23 13
23 13
Line Item Account
101 1220 4530 207 75
207 75
207 75
207 75
207 75
Line Item Account
701 7015 4752
101 1421 4300
1 526 00
7 035 75
Page 43
252
CITY OF CHANHAS
User danielle
Inv 5 Total
Ck 133470 Total
Ck 133560
Inv 3
Line Item Date
06 20 07
Inv 3 Total
07 12 07
Line Item Descriotion
2006 bridge safety inspections
Inv 5
Line Item Date
06 20 07
06 20 07
Inv 5 Total
Line Item Descriotion
Met Council Interceptor
Sanitary rehabilitation const
Ck 133560 Total
wsb WSB ASSOCIATES INC
WSB ASSOCIATES INC
WW GRAINGER INC
wwgra WW GRAINGER INC
Ck 133472 07 05 07
Inv 9392702701
Line Item Date Line Item Descriotion
06 21 07 Squeegees and broom handle
Inv 9392702701 Total
Ck 133472 Total
Ck 133561 07 12 07
Inv 9397432072
Line Item Date Line Item Descriotion
06 27 07 Filters
Inv 9397432072 Total
Ck 133561 Total
wwgra WW GRAINGER INC
WW GRAINGER INC
XCEL ENERGY INC
xcel XCEL ENERGY INC
Ck 133473 07 05 07
Inv 114906353
Line Item Date Line Item Descriotion
06 18 07 Electricity charges
Inv 114906353 Total
Inv 114956933
Line Item Date Line Item Descriotion
06 18 07 Electricity charges
Inv 114956933 Total
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
8 561 75
8 561 75
Line Item Account
101 1310 4303 1 404 00
1 404 00
Line Item Account
701 7013 4752
701 7013 4752
1 394 00
1 411 00
2 805 00
4 209 00
12 770 75
12 770 75
Line Item Account
700 7019 4120 5617
56 17
56 17
Line Item Account
700 7019 4550 213 60
213 60
213 60
269 77
269 77
Line Item Account
701 0000 4320 2 674 43
2 674 43
Line Item Account
700 00004320 10 882 04
10 882 04
Page 44
253
CITY OF CHANHAS
User danielle
Iny 115567394
Line Item Date Line Item Descriotion
06 22 07 Electricity charges
Iny 115567394 Total
Iny 115592136
Line Item Date Line Item Descriotion
06 22 07 Electricity charges
Iny 115592136 Total
Iny 115593071
Line Item Date Line Item Descriotion
06 22 07 Electricity charges
Iny 115593071 Total
Ck 133473 Total
xcel XCEL ENERGY INC
XCEL ENERGY INC
Total
Accounts Payable
Check Detail Report Detail
Printed 07 13 07 09 52
Amount
Line Item Account
101 1350 4320 18 734 65
18 734 65
Line Item Account
101 1600 4320 47 29
47 29
Line Item Account
101 1600 4320 24 59
24 59
32 363 00
32 363 00
32 363 00
391 736 10
Page 45
254