03-6-91 Agenda and PacketFile
AGENDA
CHANHASSEN PI,ANNING COI{UTSSTO\
WEDNESDAy, !,IARCH 5, 199].., '7.30 p.!lt.
CTANHASSEN CITY HALL, 690 COULTER DRIVE
CALL TO ORDER
PUBLTC HEARINGS
1. zoning ordinance Amendment to Amend Article vrrr pertaining tothe PUD, planned Unit DeveLopnent District.
OLD BUSINESS
NEW BUSINESS
APPROVAL OT }TTNUTES
CTTY COUNCI L DATE
ONGOING ITEMS
2. 'zoning ordinance Anendnent regarding chenicar portable Toiletson Recreational Beachlots.
AD}.{TNI STRATIVE APPROVAIS
OPEN DISCUSSTON
3. Discussion items:
Definition of structures.Landscaping Ordinance.
Pending Wetland Legislation.
ADJOURNMENT
a
b
c
CITY OF
CH[I{H[ESEN
690 COULTER DRIVE. P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
UEMORANDI'I,T
To: Pl.ann: ng Conrnission
FROIiI: Paul Krauss, planning Director
DATE: February 28, L99L
sUR: Proposed Revisions to Article
Development. District
BACKGROTJND
VIII,Planned Unit
on several occasions in the past, staff has expressed sorne concernswith the present puD ordinince. we believi that the o.di.,..,."gives a trernendous amount of flexibirity to a developer withoutclarifying what his -or her obligations ire relative Lo sl-citicstandards which nay be appropriate. The puD ordinance ii oftenviewed as a district whereby rnost normal deveropnent standiids arenot appried in exchange for a higher guality deielopment. it i= i=true i.n part, holrever, some standards -need f.o be rnaintained if thecity is to be assured that the pUD will not inpact suriounaingproperties or the environnent. Additionatly, i€ shoura-cieartystate what the City's expectations are.
The PUD ordinance t as redrafted several years ago to provideextensi-ve detail on its application for singi.e faniri aevet'opnent.This was done in light of the numerous proirens tnat rraa oc^curredwith the single farnily puDrs, that b6cane evident, over tirne.However, the other sections of the ordinance were not sirnilarryupdated.
Staff believes that the pUD District has a great deal of utilityfor the city. In exchange for the enhanced flLxibility it provide3a developer, the city should be able to exercise iurpioved- controlover_project quality and_ phasing. Of equaLly great irnportance isthe fact that the PUD District results in theie being-a contractbetr^reen a developer and the city describing what is aliowed on thesite-. . That pIan, in essence, becomes the- zoning of the site andanything. dev-iating fron that.zoning reguires th;t a new rezoningapplication be approved. cities have rouch nore control over theiirezoning process then they.do over site plan approval on pre-zonedsites. Thus, the pUD ordinance allows the cliy to travE lreaterassurances that a particular site will be developed in an
acceptable nanner. These agsurances uould not be avairable if thesite rras zoned R16 or sone'other district for a given proiect andthat project vas not proceeded ,ith. The city w5ura u-e-i6ii witrra prezoned parcel on which we would be obligated to accept anyproject that neets nininal standards. As a reiult, staff beiievesthe puD has a great dear of utirity on sensi.tive iit"= iiriougnoutthe comrnunity.
PUD ordinance
February 28, 799!
Page 2
ISSUES REGARDING CIJRRENT CODE
Section 20-501. Intent.
Planned unit developments are to provide for an encourage creative site planning and
subdivisions of high quality through the use of:
(1) Variety. Within a comprehensive site design concept a mixture of land uses, housing
types, and densities.
(2r sensitivity. Through the departure from the strict application of required setbacks,
yard areas, lot sizes, and other minimum requirements, and performance standards
associated with traditional zoning, planned unit developments can maximize the
development potential of land while remaining sensitive to its unique and valuable
natural characteristics.
(3) Effrciency. The more e(ficient use of land and public services, consolidation of areas
for recreation, reductions in street lengths and other utility related expenses.
(4) Density. An increase/transfer for density may be allowed at the sole discretion ofthe
city utilizing the following factors:
a. The area where the density is transferred must be within the project area and
on ned by the proponent.
b. Density transfer in single family detached area will be evaluated using the items
list€d in section 20-504, subse.ction (b). Density transfer eligible for multiple
family areas are not permitted to be applied to single-family areas.
c. Density transfer for other projecG other than single-family detached develop-
ment shall be evaluated based on the standards in section 20-504, subsection (c).
d. In no case shall the overall density of the development exceed the gross density
ranges identifred in the comprehensive plan.
(5) District integration. The combination of uses which are allowed in separatc zoning
districts, such as:
a. Mixed residential allowing both densities and unit tjrpes to be varied within the
project.
b. Mixed residential with increased density acknowledging the greater sensitivity
of PUD projects.
c. Mixed land uses with the integration of compatible land uses within the project.
(6) Parks and open epace. The creation of public open space may be required by the city.
Such park and open space shall be consist€nt with the compreheusive plan and
overall tf,ail plan.
(Ord. No. 80, Art. V, S 18(5-18.1), 12-15-86)
PUD Ordinance
February 28, !991
Page 3
couuEtflr: We believe that the intent section is good althoughit could probably be expanded upon. For exanplel there coutdbe inproved ernphasis on use of a pUD to prdserve sensitiveenvironrnental features, thus, it could belorne sonething thecity hrould expect in exchange for the pUD designation.
There seems to be accepted wisdon around the city that adevelopnent has to earn pUD zoning, that a develope-r has togive you better than nornal quality to achieve a iUo. Thisexpe-ctati.on nay be warranted in exchange for the frexibiriiya PUD grants, however, this expectation is not specificall!detailed in the intent section.
The intent section does not provide any infonnation on whereit would be acceptable-to. develop a puD. rt is theoreticarrypossible for a single.fanily hon! to request euo designationiPUDrs of extraordinarily smarr size or puD,s that are locatedinappropriately have i potential for inpacting. -iajol"i."j
properties in an unaccep€abIe Danner. ft i,rould be wise toconsider defining where i puD designation nay be acceptaule tothe city.
PROPOSED SECTION
Section 20-50L. Intent.
Pl,anned unit developments are to encourage the following:
(1) Variety. within a conprehensive site design concept a nixtureof land uses, housing t)rpes and densities-.
(2) sensitivity. Through the departure fron the strictapplication of normal district- standards, pfinnea unitdevelopr,rents can maxinize the developnent poteitiar of landwhire remaining sensitive to its unifrre ana varuiu:.e natura:.characteristics.
(3) Efficiency. The nore efficient use of rand and publicservices, consolidation of areas for recreation, rearrcti-ons instreet Lengths and other utility related expenies - ----
(4) Frexibility in land develop'ent and redever.opnent in order toutiLize new techniques or-building design, '""""irotii"" ."aIand developnent.
Provision of housing affordable to a1l incone groups.
Energy conservation through the use of nore efficient buildingdesigns and sightings and-the ctustering "t U"ifai"g=;;ti;;euses .
(s)
(6)
PUD Ordinance
February 28, l99L
Page 4
(7\
(8)
Preservation of desirable site characteristics and open space
and protection of sensitive environnental features, includingsteep slopes, poor soils and trees.
More efficient and effective use of 1and, open space andpublic facilities through Dixing of land uses and assenbly anddevelopnent of land in larger parcels.
(9) Hiqh guality of design and design conpatible with surroundingland uses, including both existing and planned.
(10) Sensitive developrnent in transitional areas Located betweendifferent land uses and along significant corridors uithin thecity.
Developnent which is consistent rrith the comprehensive p1an.( 11)
(12)District integration. The cornbination of uses which arealloered in separate zoning districts, such as:
a. Mixed residential allowing both densities and unit typesto be varied within the project.
b Mixed residential with increased density acknowledgingthe greater sensitivity of PUD projects.
Mixed land uses vith the integration of conpatible land
uses with the proj ect.
(L3) Parks and open space. The creation of public open space maybe reguired by the city. Such park and open space shall beconsistent rrith the comprehensive plan and overaLl trail plan.
section 2o-5O2. Allolred uses.
A PUD may include only those us€s consist€nt with the general land use catcgory for the
area on the offrcial comprehensive plan. Specific uses and performance standards for each
PUD shall be delineated in a development plan.
(Ord. No. 80, Art. V, S r8(5-18-2), 12-15€6)
PUD
Feb
Pag
Ord inanceruary 28, 1991e5
COU!,IENT: It is good to see that the pUD ordinance requiresconsistency with the general land use category of the officialcornprehensive p1an. As the Planning Coumission is arare,staff is in the process of having this written into the entireZoning ordinance vhere it would apply unifornly to everydistrict. Holrever, you nay wish to consider allowing for aurix of uses within a PUD to give enhanced flexibility. Forexample, in an area designated for industrial office uses, younay uish to consider a nix of those uses with a smll1percentage of conmercj,al retail or residential , ifappropriate .
PROPOSED ORDINANCE
Section 2O-5O2. Allowed uses.
Specific uses and perfornance standards for each pUD shalI bedelineated in a developnent plan.
(a) Each pUD shal1 only be used for the use or uses for vhichthe site is- designated in the couprehensive plan, exceptthat the city nay pgrnt:t up to 25 percent of the grossfloor area of all buildings in a pUO to be used for landuses for which the site is not designated in thecomprehensive plan if the city council finils that suchuse is in the best interests of the city and isconsistent with the requirenents of this section.Specific uses and perfornance standards for each pUDshall be delineated in a fryD developnent p1an.
(b) I{here the site of a proposed pUD is designated for Dorethan one land use in the cornprehensive p1an, city nayrequire that the pUD includ! all the - land uses sodesignated or such conbination of the designated uses asthe city council shal1 deen appropriate to achieve thepurposes of this ordinance and the comprehensive p1an.
PUD Ordinance
February 28, !991
Page 6
Section 20-503. Coordination with Subdivision Regnrlations.
Subdivision review under chapter 18 shall be carned out srmultaneously wrth the review
of a PUD. The plans required under this chapter shall be submitted in addition to or in a form
which will satisfy the requirements of chapter 18 for the preliminary and final plat.
(Ord. No. 80, Art. V, $ 18(5.18-4), 12-15-86)
CO}IUENT: It is good to see that coordination of subdivisionregulations are required, however, there is no comparablecoordination rrith wetland, flood plain, shoreland, site planor other ordinances or even coordination with such standards
as parking standards lrhich should apply to PUD uses as ue1l.
Section 20-503. District size and location. (new section)
(a) Each PUD shaIl have a nininun area of five net acres,the applicant can denonstrate the existence of onefol lowing :
unlessof the
1) Unusual physical features of the property itself or ofthe surrounding neighborhood such that developrnent as a
PUD hriI1 conserve a physical or topographic feature ofinportance to the neighborhood or community.
2) The property is directly adj acent to or across a right-of-rray frorn property which has been developed previously
as a PUD or planned unit residential developnent and rri1l
be perceived as and will function as an extension of thatpreviously approved developnent.
3) The property is located in a transitional area betweendifferent land use categories or on an internediate orprincipal arterial as defined in the conprehensive plan.
PROPdSED ORDTNANCE
PUD ordinance
February 28, l99L
Page 7
PRO SED ORDI ANCE
b)Site plan
shaI1 bepri ncipal
c)
Section 20-504. Coordination with other zoning regulations.
a) subdivision review under chapter 1g sha1l be carried outsinurtaneousry with the reviei of a puD. The prans recruiredunder this chapter sha1l be subnitted in addition i"-oi in "fonn which will s_atis-fy the reguirqrents of chapter ra ior theprelininary and final plat.
revi.ew under Article IT, Division 6 ofcarried out for each non-single fanilystructure, that is proposed.
PUD plans shaLl be coordinated rrith and in conpliance withprovisions of Article v, Flood plain overlay oistiict; aiti.i.VI , I{etland protection, and Article Vtt,-shorelina O;;;i;tDistrict.
this codeor duplex
Section 2O-5o4. Required standards.
(a) The citv shal consider the proposed ptID from the point of view ofall standards andpurposes ofthe comprehensive land use pran to coordinate between the proposed deveropmentand the surrounding use. The city sha, consider the rocation of buildings, compatibility,parking areas and other features rvith respect to the topography of the area arri "*i"tirrgnatural featu.es; the efficiency, adeq,,eay and safety of ihe proposea layout of streets; theadequacy and location of green areas; the adequacy, location and screening of nonc"_rrriii"land uses and parking areas.
ft) In developments u'here singre'family detached areas are proposed, the fonowing stand-ards shall apply:
(l) The average lot size may be reduced below frfteen thousand O8,000) square feet if, inthe opinion of city staff, commission and council, the plan includes features desirableto the city' A maximum reduction of up to ten .0) percent below frfteen thousanil(15'000) square feet may be gtanted ifthe proposal contains it€ms in the list below orproposes other features which are also above and beyond standard developmentrequirements ln no case, however, shalr the average rot size fa, below thirt€enthousand five hun&ed 03,S0O) square feet or the minimum lot size fall below twelvethousand (12,000) square feet.
a. Housing variety including dilferentiation in housing typns, housing extcriors
and floor plans.
- b. Preservation of netural 8it€ features, wetlan&, lowlands, wooded areas, eta., notprotected by the state department of natural resources or city ordinances. Wet-lands already protected by the dipartment of naturar resource. or articre vI ofthis chapter will uot be considered for density transfer.
PUD Ordinance
February 28, \99!
Page I
c. Creation of parLlpublic areas for active and passive park use or other public
pwposes such as schools, ptblic buildings, etc., which meet the intent of the park
and recreation chapter of the comprehensive plan.
d. Installation of public improvements desigrred to serve areas beyond the project
boundary.
e. Installation of off-street pedestrian ways.
i A reasonable number ofavailable lots are designed for solar/energy conservation
housing.
g. Landscaping plan showing additional boulevard trees, rear yard treatments,
bullering from existing developments, etc., beyond required standards.
h. Preservation of historically significant sites.
i. Other features deemed appropriate by the city council.
(2) The minimum single-family detached lot width is eighty (80) feet at the building
setback line.
(3) One-half of the single-family lots must contain at least frftcen thousand (15,000)
square feet.
(4) In calculation of the average lot size, each lot size in excess of twenty thousand
(20,000) square feet shall be calculated to contain only twenty thousand (20,000)
square feet.
(5) l,ot sizes adjaceut to existing developments shall approximate in lot sizz and lot
width.
(c) In development where uses other than single-family detached structures are proposed,
the city may consider a density transfer upon proofby the applicant that some ofthe following
features are being provided:
(1) Preservation of natural sit€ features, wetlands, lowlantls, wooded areas, etc., rot
prot€ct€d by the stat€ department of natural resources or city ordinances.
(2) Creation of park/public areas for ricive park us€ or other public purpose such as
schools, public buildings, et ., which meet the intent of the park and recreation
chapt€r of the comprehensive plan.
(3) Inshllation of public improvement desigled to serrre areas beyond the pr,oject bouldsry.
(4) Iastallation of ofr-street pedestrian ways.
(5) Structure desiga conducive to solar energy features.
(6) Lanilscaping plan showing additional boulevard trees, rear yard treatnenta, buffer-
ing from edsting developments, et ., beyond required gtandards.
(d) In any PUD, no clear cuttiDg of woodland areas shall be permitted. Shade trees of sir
(6) inches or more caliper shall be eaved "'.less it caa tre demonstrated tfet ttrere is uo other
feasible way to develop the 8ite. The council may require replacement of any removed trees on
a caliper inch per caliper iach basie. At least one (l) tree pcr lot shall be incorporated ir o the
Plan, such tree shall be a minimum of two (2) caliper inches. Coniferous trees sball be a
rninimurn sf gl1 (6) feet in height. lbis is not to preclude the removal of diseased or dead treea.
PUD Ordinance
February 28, 199!
Page 9
c)
COtlI.tENt: The standa-rds _ developed for the single farnilydistrict- are quite good and were.dlveloped recently-4" .;;;;;ato problens the that arose with reaidential piJo,s. ^ Th;Planning connission nay wish to consider sinilar stanaaras-oizero lot line developnent. Zero lot line develop*..,t i.essentially owner/occupied single fanily trouring-Thit i=detached on at least one side uut which his a zeri "r ,o..ivzero foot setback along one building wall . This atyie-;ihousing- has become quite attractive oi late since it ;;rbi";;some of the benefits of townhone ownership with th-;;" --;;
:i"Sl: family ounership. Horrever, fr-n ny experience inMinnetonka, there needs to be specific ordina-nce Jt-nd";; ;;deal with the unigue design problens of this tvDe oidevelopment. we have not piopoiea =p..iii--. ,ii. t.ii=rillstandards at this point but we *ould fe nappy to do so if t;;desire.
PROPOSED ORDTNANCE
Section 20-505. Required standards.
a ) The city shal1 c-ondder -the proposed pUD f ron the point ofview of all standa.rds and purposis of the "o.!r.t.rr=-iv" ra.,ause plan to coordinate between the proposed ieveloprnent thesurrounding use. The city shalr ctns-ider the i"i"iio" orbuildings, conpatibility, parking areas and other featurest ith response to .the topography of the area and -xisting
natural features,-the efficienty, aclequacy and safety -ot tt.proposed layout of streetsi tne aaeguacy arid location'of g."enareasi the adequacy, location and sLreening of non_cornpatibleIand uses and parking areas.
b) The appricant shatr denonstrate that the puD plan offers thecity high quality architectural and site desig-n, -i.na=.ipi."g,
protection of wetrands, creeks and nature treis'and uutrliiiifor adjoi_ning properties that represent inprovements overnorrnal ordinance standards.
Density. An increase/transfer for density Eay be allorred atthe sole discretion of the city utillzing the folJ.owingfactors:
1) The area hrhere the density is transferred nust be withinthe project area and oirned by the proponent.
Density transfer in single fanily detached area will beevaluated using the iterns listed in Section 2O-505,subsection (b). Density transfer eligible for nultiplefanily areas are not pernitted to be applied to singtefanily areas.
2)
PUD ordinance
February 28, ]-99L
Page 10
3)
4)
d)
e)
f)
Cornprehens ive
PIan Desiqnation
Low or nediun density
res identi aL
high density residential
o ff ice
s0t
70*
8st
85*
Floor
Area Ratio
1.0
1.0
0.8
standards as
Density transfer for other projects other than singlefamily detached developnent lfra:.:. fe evaluated based onthe standards in Section 20-506, subsection (c).
In no case sha11 the overall density of the developnentexceed the gross density ranges identified iri ttreconprehensive p1an.
The city nay uti.lize incentives to encourage the constructionof projects rrhich are consistent with the city's housinggoals. Incentives nay include nodification of -density andfloor area. ratio requirenents for developnents providing lowand noderate cost housing. Incentives nJy be approved f! tnecity only after the developer and city nlve entered in€o anagreenent to ensure that the 1ov and noderate cost unitsremain available to persons of lov and noderate incorne for aspecific period of tine.
Hard surface coverages and floor area ratios shalL be lirnitedas follorrs:
cornmercial (regional) 8St
industrial 85t
fndividual lots uithin a pUD nay exceed theselong as the average neets these itandards.
Hard surface
Coveraoe (*l
0.5 '
cornmercial (neighborhoodor connunity)
1.5
1.0
The setback for all buildings within a PUD from any borderingor abutting street line sha1l be 30 feet for loca] streets and
50 feet fron railroad lines for collector or arterial streets,as designated in the conprehensive p1an, except that in no
case shaIl the setback be less than the height of the buildinqup to a maximurn of 100 feet. The setback for all buildings
frorn exterior PUD lot lines not abutting a public street shallbe 30 feet except that in no case shall the setback be lessthan the height of the bui).ding up to a naximum of 1OO feet.BuiLding setbacks fron internaL public streets shal1 bedeternined by the city based on characteristics of thespecific PUD. Parking lots and driving lanes shaI] be setback at least 20 feet fron alL exterior 1ot Lines of a pUD.
PUD ordinance
February 28, L99L
Page 11
e)
i)
k)
The setback for parking structures inc).uding decks and rarnpsshall be 35 feet fron loca1 streets and 50 feet fron all otherstreet classifications except that in no case sha1l thesetback be less than the height of the structure. parkingstructure setbacks fron external lot Lines sha1l be 50 feet oith9 height of the structure, whichever is greater whenadjacent to residential property, 35 feet when- adjacent tonon-residential properties. earking structure setbicks frominternal public or private streets sha1l be deternined UV iirecity based on characteristics of the specific pUD.
Where industrial uses abut developed or platted single fanilyIots outside the pUD, greater exterior builiting aia parXin|setbacks nay be required in order to provi-de etiectiv6screening. The city council shall roake a detenninationregarding the adequacy of screening proposed by the appficant.Screening nay include the use ot naturit topo-graphy"or eiiti,berrning, existing and proposed plantings ana -otfrei featuressuch as roadways and wetlands itrictr provide separation ofuses .
PUDrs nust be developed in conpliance rrith buffer yardrequirements established by the Con-prehensive plan. U;;. fh;;one buiLding nay be placed on one ptattea or recorded fot inA PUD.
The requirements contained in Articles XXIII, GeneralSupplernental Regulations, XXfV, Off-street parking andLoading, and XXv, Landscaping and Tree Removal . fiay Ueapplied by the city as it deeros appropriate
The uniqueness of each PUD reguires that specifications andstandards for streets, utilities, public faciLities andsubdivisions ygf !e subj ect to nodification fron the cityordinances ordinarily governing ttren. the city council na!therefore approve streets, utilities, public facilities andland subdivisions shich are not ln cbnpliance with usuaLspecifications or ordinance requirenentj it tt finds thatstrict adherence to such standirds or requirenents is notrequired to Deet the intent of this or to protect the heal ,safety or welfare of the residents of the pUD, the surroundingarea or the city as a whole.
h)
i)
A1l, property to be included within a pUD shaLl be underunified ownership or control or subject to such lega1restrictions or covenants as nay be necessary to ensure
compliance with the approved Daster development plan and finalsite and building plan.
Signs shall be restricted to those uhich are penoitted in asign plan approved by the city and sha11 be regulated by
permanent covenants.
PUD ordinance
February 28, l99L
Page 12
1) No building or other pernit shaIl be issued for any work on
property included within a proPosed or approved PUD nor shall
any work occur unless such vork is in cornpliance with the
proposed or approved PUD.
section 2o-505. controls during construction and following
conpl et ion .
(a) The use of the land and the construction, modification or alt€ration of any buildings or
structures in a PUD shall be governed by the final development plan.
(b) After the certificate of occupancy has been issued, no changes shall be made in the
approved final development plan for a PUD except:
(1) Any minor extensions, alterations or modifrcations of existing buildings or structures
may be authorized by the city planner if they are consist€nt with the purposes and
intent of the frnal plan. No change authorized by this section may increase the bulk
of any building or structure by more than ten (10) Percent.
(2) Any building or structure that is totally or substantially destroyed may be recon-
structed only in compliance with the final development plan unless an amendment to
the hnal development plan is approved.
(3) Changes in uses, any rearrangements of lots, blocks and building tracts, changes in
the provisions of common oPen spaces, and all other changes to the approved final
development plan may be made only after a public hearing conducted by the plan-
ning commission and upon final approval by the city council. Any changes shall be
recorded as amendments to the frnal development plan.
(c) If, in the opinion ofthe city, development has not progressed reasonably well accord-
ing to the approved schedule, the developer shall be required to submit a stat€meDt to the city
setting forth reasons for the lack of progress. The planning commission may initiate rezoaing
to eliminate the PUD mning classfication if it frnds that the development has not occurred
according to the adopted schedule, it shall not be necessary for the city council to ftnd thst the
rezoning to a PUD was in error.
(d) Ihe construction and provision of all of the conuron ollen space aad public improve-
ments and recreational facilities that are shown on the frnal develoPment plan for a PUD
rnust proceed at the same rat€ as the construction of dwelling units or other private facilities.
cot0.!ENT: This section seens to outline ninor changes to a PUD
quite hrell but avoids discussion of najor changes to a PUD.
e najor change to a PUD shouLd require a nel, rezonj'ng
application.
PUD ordinance
February 28, l99L
Page 13
PROPOSED ORDINANCE
Section 20-505. Single Fanily Detached pUDrs.
In
proposed,
(a)
developnents where single farnily detached areas arethe foLlowing standards shal1 apply:
The average lot size nay be reduced below fifteenthousand (15,o00) s![uare feet if, in the opinion of citystaff, conraission and council, the plan includes feature-sdesirable to the city. A naxin'n ieduction of up to ten(10) percent belol, fifteen thousand (15,OOO) squlre feetltay be granted if the proposal contains itens in the 1istbelow or proposes other features which are aLso above andbeyond standard developnent requirenents. In no case,however, shaLl the average Iot size fa1l below thirteenthousand five hundred (13,500) square feet or the niniurun1ot size fall below trrelve thousand (12,OOO) square feet.
1. Housing variety including differentiati.on inhousing types, housing exteiiors and floor p1ans.
2. Preservation of natural site features, uetlands?Iow1ands, wooded areas, etc., not protected by thestate departnent of natural resburces or cityordj.nances. wetlands already protected by thldepartnent of natural. resources -or article -vf otthis chapter will not be considered for aeniiiytransfer.
Creation of park/public areas for activepassive park use or other pub).ic purposes suchschools, public buildings, etc., nhich neetintent- of _the park and iecreation chapter ofcomprehensive plan.
fnstallation of public inprovements designedserve areas beyond ttre project boundary.
fnstall.ation of off-street pedestrian ways.
3
7
I
and
as
the
the
to
5
6 A reasonable nunber of avallable lots are designedfor solar/energy conservation housing.
L,andscaping plan showing additional boulevardtrees, rear yard treatnents, buffering fromexisting developnents, etc., beyond rLquiredstandards.
Preservation of historically significant sl.tes.
PUD 0rdinancE
February 28, 1991
Page 14
9 other features deenedcouncil.appropriate by the city
(b)
(c)
The. ninirnun single .fan1Iy detached lot width is eighty(80) feet at the building setback tine.
One-half of the single fanily lots nust contain at Leastfifteen thousand (15,OOO) square feet.
(d) fn calculation of the average Iot size, each lot size inexcess of tuenty thousand (20,000) square feet shal1 becalculated to contain onLy trrenty thousand (2o,ooo)
square feet.
(e) Lot sizes adjacent to existing deveLopments shalIapproxirnate in lot size and lot uidth.
PROPOSED ORDTNANCE
Section 2O-5o7.
cornpletion.
Controls during construction and following
Changes in uses, any rearrangenents of lots, blocks andbuilding tracts, changes in the provisions of cornrnon openspaces, and all other changes to the approved finaldeveloprnent plan nay be nade only after a public hearingconducted by the planning couuuission and upon finaiapproval by the city council. Any changes shall berecorded as anendDents to the final develofnent p1an.
3)
a) The use of the land the construction, rnodification oralteration of any buildings or structures in a pUD shatl begoverned by the final developnent ptan.
b) After the certificate of occupancy has been issued, no changesshall be nade in the approved final development plan for a pUD
except :
1) Any ninor extensions, alterations or nodifications ofexisting buildings or structures nay be authorized by thecity planner if they are consistent with the purposes andintent of the final plan. No change authorized by thissection may increase the bulk of any building structureby nore than ten (10) percent.
2) Any building or structure that is totally orsubstantially destroyed nay be reconstructed only in
conpJ. iance with the final deveLopnent plan unless anamendment to the final developnent plan is approved.
c)Major amendnents to an approved Daster developnent plan nay beapproved by the city council after review -bv thi pfanii""cornrni.ssion. The not i-f ication and p"uf i. frearini p-;;;"'di,;';;;such anendnent shall be the sane as for apiiovaf ot- it"original PUD. A rnajor anendnent is any anendnent which:
l.) Substantially aLters the location of buildings, parkingareas or roads i
2) Increases or decreases the nunber of residential dwellingunits by nore than five percenti
3) rncreases the gross fr.oor area of non-residentialbuildilgs by uroie than five percent "r in..""="" -it.
gross floor area of any individual building Ui r.." tir-""ten percent;
4) Increases the nunber of stories of any building;
s)
6)
Decreases the anount of open spacepercent or alters it in such i wayoriginal design or intended ,."; oi'
Creates - non-conpliance with any special conditionattached to the approval of the urajt"ihevefopneni-liin.
by nore than fiveas to change its
Division 2. PROCEDT RES
Section 2o-516. preapplication conference.
Section ZO-5f7. General Concept plan.
Section 20-518. Developroent Stage.
Section 2O-S19. final Stage.
DIVISION 2. PROCEDI'RES
Sec. 20516. Preapplication coafereuce.
Prior to frling an application for puD, the applicant ehall attend a conference rith thecity. The primary purpose of the conference ehau be.to provide the appricant sith atr opportu.nity to gather information and obtain guidance on the general merits of the proposal
-and
itsconformity to t}le provisions of this article before incurring subetantial erpense.
PUD 0rdinanceFebruary 28, 1991
Page 15
P[JD 0rdinance
February 28, 19 91
Page 16
Sec. 206t7. General concept plan. -
(a) The general concept plan for a pUD provides an opportunity for the applicant tosubmit a plan to the city showing the basic intent and the generar nature of the entire
development without incurring substantial €ost. The pran shal include the following:
(l) Overall gross and net density.
(2) Identification of each lot siz€ and lot width.
(3) General Iocation of major streets and pedestrian ways.
(4) General location and extent of public and common open Epace.
(5) General location and tlrpe of land uses and int€nsities ofdevelopment.
(6) Staging and time schedule for development.
(b) The tentative written consent of all property owners within the proposed pUD shall
be hled r,r'ith the city before the staff commences review. Approval of the concept statement
shall not obligate the city to approve the final pran or any part thereof or to rezone the
property to a planned unit development district.
(c) The final acceptance of land uses is subject to the following procedures:
(1) The developer meets with the city staJI to discuss the proposed developments.
(2t The applicant shall frle the concept stage application and concept plan, together with
, all supporting data.
(3) The planning commission shall conduct a hearing and report its frndings and make
recommendations to the city council. Notice of the hearing shall consist of a legal
property description, description of request, and be published in the ollicial newspa-
per at least ten (10) days prior to the hearing, writ'en notification ofthe hearing shall
be mailed at least ten (10) days prior thereto to owners of land within five hundred
(5001 feet of the boundary of the property and an on-site notification sign erected.
(4) Following the receipt of the report and recommendations from the planning commis-
sion the city council shall consider the proposal. If the planning commission fails to
make a report within sixty (60) days after receipt of the application, then the city
council may proceed without the report. The council may approve the concept pran
and attach such conditions as it deems reasonable. Approval shall require a four-
fifths vote of the entire council.
(Ord. No. 80, Art. V, S 18{5-18-6(2)), 12-15-86)
Sec. 20-518. I)evelopment 6tage.
(a) Following general concept approval of a puD, the applicant shall submit the devel.
opment stage application, preliminary plat and fee. If appropriate because of the limitcd scale
of the proposal, the concept stage and preliminary plan stages may proceed simurtaneously.
The applicant shall lile the development plans and preliminary plat, together witl all sup
porting data.
PIJD 0rdinanceFebruary 28, 19 91
Page 17
&) with the appropriate notifications, the planning commission shall conduct the hear-
ing on the preliminary plat and the rezoning and report its findings and make recommenda-
tions to the city council for action.
(c) The development stage shall include but not be limited to:
(1) A preliminary plat and information required by chapt€r lg.
(2) An approved development plan drawn to a scale of not less than one 0) inch equars
one hundred (100) feet containing at least the following information:
a. Proposed name of the development.
b. Property boundary lines and dimensions of the property and any significant
topographical or physical features of the property.
c. The location, size, use and arrangement including height in stories and feet andtotal square feet of ground area coverage and floor area of proposed buildings,
and existing buildings which will remain, if any.d. Location, dimensions of all driveways, entrance., curb cuts, parking stalls, load-ing spaces and access aisles, and all other circulation elements including bike
and pedestrian; and the totar site coverage of aI circulation erements.e. The loca::,:,n, desigrration and total area proposed to be conveyed or dedicated forprivate and public open space, including parks, playgrounds, school sites and
recreational facilities.
f rhe location, use and size of structures and other land uses locat€d within two
hundred (200) feet of the property boundary.g A natural resource analysis identifying existing vegetation areas consisting offorest and wood lots as well as wetlands arrd *,"tlaids vegetation; the geolog).,
slope, soil and groundwater characteristics of the site; existing lakes, streams,
ponds, drainage swales, runolf settling areas, and flood plains must be identified;
analysis cf the relationship of the proposed use of the existing naturar conditionslisted above.
h. A proposed landscapiug plan, including location of existing plants, identification
of species, caliper size and acreage.
i. The location, type and size ofall graphics and sigrrage.j. Any other information that may have been required by the planning commission
or council in conjunction nith the approval of the general concept plan.
(3) An accurate legal description of the entire area within the puD for which final
development plan approval is sought.
(4) A tabulation indicating the number ofresidential dwerling.nits ard expectetr
(5) A tabulation indicating the gross square footage, if any, of comnercial anit industrial
floor space by type of activity.
(6) heliminary architectural "typ;sgl' pla'.s ;rtri".aroa use, floor plan, elevations and
exterior wall finishes of proposed building, including maaufactured hooes.
PUD 0rdinance
February 28, 19 91
Page 18
(7) Preliminary grading and site alteration plan illustrating changes to existing topog-
raphy and natural site vegetatioh. The plan should clearly reflect the sit€ treatment
and its conformance with the approved concept plan.
(8) A soil erosion control plan acceptable to watershed districts, state department of
natural resoulces, soil conservation service, or any other agency with review author-
ity clearly illustrating erosion control measures to be used during construction and
as permanent measures.
(9) Protective convenants and homeowners' association bylaws.
(d) The city may request ailditional information from the applicant concerning opera-
tional factors or retain expert testimony at the expense of the applicant concerning opera-
tional factors.
(Ord. No. 80, Art. V, 0 18(5-18-6(3), 12-15-86)
Sec. 2G519. flnal stage.
Following preliminary plat approval, the applicant for a PUD shall prepare and submit
the frnal plat and execut€ the development contract prepared by the city. If appropriate
becaus-e of the limited scale of the proposal, the preliminary and frnal plats may proceed
simultaneousty. The city council shall then consider the submission for final approva'l and
rezoning to PUD.
ggruEN!: This section is ue1l craftedi however, we befieve
that site plan approval should be required for each non-singlefanily or duplex building being proposed in a PUD. oftentimes you erill get a situation where a PUD Plan !ri1I
incorporate nunerous buildings built over a long Period oftine. Each building should be required to get a separate site
plan appLication. Of course each site plan should be reviewed
against the standards developed and aqreed to by the develoPer
and the city in the PUD master developnent plan.
SIJMMARY
The proposed revisions to the PUD ordinance are fairly cornplex and
aeserving of discussion. staff does not have an expectation that
they will be approved at the present Planning Conmission neeting
but does hope that this will 6erve as the basis for refinenents
that wiLl ultimately be incorporated into the ordinance.
CHANHASSEN PLANNING COHI,IISSION
REGULAR HEETING
FEBRUARY 6, I99L
Chairman Emmings called the meeting to order at 7:40 P.m
T.(EI,IBERS SENT:Ladd Conrad, Annette Ellson, Steve Emmings, Joan Ahrens,
Brian Batzli, Jeff Farmakes and Tim Erhart
STAFF PRESENT: PAU ]
Planner; and Charles
Krauss, Planning Director; Jo Ann olsen, Senior
Folch , AssL. city Engineer
and
CONDIT I ONA L USE PERMIT FOR T E CONSTRUCTION OF A 1.23A SOUARE FOOT BUILDING
TO BE LOCATED ON LOT 1. BLOCK 1 GATEI.'AY F IRST ADD ITION ON PROPERTY ZONED
BH AND LO CATED ON I.IEST 79 TH STREET. VALV INE TNSTANT OIL CHANGE
PubIic Present:
Addr essName
Scott & Teresa
Brad Johnson
Robert Mi kulak
Lyndy Nordeen
Dever
Jo Ann 0lsen presented the staff report on these items. chairman Emmings
cal]ed the public hearing to order.
Brad Johnson: Hr. Chairman and members of the Planning commission, I'm
Brad Johnson. I live aL 7425 Frontier Trail. I'd Iike to address the
platting issues and Lhen Robert Mikulak and Lyndon Nordeen are with
VaLvoline and they,]l address the site PIan issues themselves and review
what they're planning on doing. A little background on Lhis Particular
site. l^Je've been involved in it now and as you wiII recall, originally
proposed a Hardee,s, a restaurant there, and have decided that it is iust
very difficult to package iL because having to deal with both Brown, Lhe
Standard OiI station and Hanus, You ge! too many Players going too many
different directions so, We are concerned long term because we also
iepresent the people that ourn the Hanus building. That ulLimately this
piece of Iand be developed and be upgraded. To do lhat we first of aII
have to have a tenant for the Kurver's Parcel t^rhich is the one we're trying
to subdivide so lJe can generate some increment. 5o what we're trying to do
is wor k with the citv to solve some Problems that we perceive thaL exist
there and the City,s addressing some of the problems they also feeL that
ex j.st there. One of Lhe problems long term was that the Brown's Car t^lash
is on a 1o,ooo square foot lot which does not conform to any lot size in
that particular district currently. so he has agreed to purchase 10,ooo
PUBLIC HEARING:
PRELII,TINARY PLAT TO SUBDIVIDE TT.IO PARCELS INTO ONE LOT AND TI.IO OUTLOTS ON
PROPERTY ZONED BH. HIGHI.IAY BUSINESS DISTRICT AND LOCATED NORTH OF HI.IY 5
JUST EAST OF GREAT PLAINS BLVD - ON I.IEST 79TH STREET . GATEI.IAY FIRST
ADDITION. LOTUS REALTY SERVICES;
7220 FYonLier Trai I
7425 FronLier Trai I
3o41 So 4th Avenue, MinneaPolis
3041 So 4th Avenue, MinneaPolis
PIanning
February
Commi.ssion Meet i n9
6, 799L - Page 2
square feet from this Lot which we would then attach to his lot and at that _point he would have a fuII size lot so that I believe PauI in the future ifthere was a building permit issued or rebuilding, it would be a buildableIot. Currently it'd be very difficult to modify the building or puII apermit because it's a conditional use on a non-conforming lot so long termI think that solves that corner so the corner HiLl noh, have a full sizelot.
Emmi ngs: Excuse me.
agreement signed?
tJhat's the status of that sale? Is there a purchase
Brad Johnsorr: Yes.
Emmings: Oh, okay.
Brad Johnson; [^,le can meet the conditions, most of the conditions thal paulis requiring here. r just did not want to have everybody involved in theplatting process because not so much, because you've got to get them toagree on everything, and especially Minister,s Life which is in fee over onthe Hanus site. so r think we've solved that problem there. t^,e're goingto, I believe PauI is requiring or the City is requesting a turn lane therein case we have some stacking problems on the north side. tJe'II also beIandscaping along the tracks where the cars are currentry parked so Lhatwould improve the ]ook of that. t^,hat we,re going to do is, Valvoline isnot requesting any increment at all for their particular project or anyassistance from the city so we'l. I use lhe increment and just apply thattoward the iniLial upgrading of the street and site improvement, The 6,ooosquare, approximately 6,ooo square foot Lot on the east side, the reasonwe're also i nvolved in this and the Hanus buildins is that there reallyisn't sufficient parking. There's sufficient parking for the building onthe Hanus site but much of it's Lo the rear and our plan is to initiailynow, r"rith a new tenant moving in, upgrade, continue to upgrade thatbuilding to a more retail type facility and in order for ihem to handle theparking that wil] probablv be required, we need some more parking out frontso by adding that 6,000 square feet we,ll be able to add some parking inthere and actually have 3 rows of earking and we,Il be coming back tochange that in the near fuLure. As far as the conditions are concernedthat thev are requesting, there's some coordination problems of getting taxparcels and legal descriptions to match and we're working with the citiAttornev trving to accomprish that because it is our intent to add the tuoparcels together and make them one tax parcel each. I think number one, t.ledon't have any problem uith. Number turo h,e don't. I only have, in thisparticular project, we're onry involved with the increment that Valvorine'sincrement. l^le obviously can't pledge increment from a Brown site or anAmoco site or somethins like to this particuJ.ar project. tte do have excess _increment currentrv over on the Hanus building. Everything that's beenbuirt in that area has been built after the date of the esiablishment ofthe district so Ne have some increment that He can apply and in workingwith the HRA, r think we can take care of the cost of the necessaryimprovements that hray. I'm not sure on number 5. Ue have a purchaseagreement u,ith the City on the purchase of the lots behind the Hanusbuilding. ue are doing evervthing within our efforts to close that.Obviously it's up !o the City Lo ultimately accept it so if Lhey neveraccept the back two lots, we wourd certainlv rike sti]I to be able to goforward with the platLing of this so we,re doing everything t.re can do. f
Planning
February
Commission Meet i ng6, 1,991 - Pase 3
think that issue should be worked out between nou and the Council meetingwith the HRA and we should have established the date of closing but thatcondition could potentiarly, the owner on the development of this ]ot if infact for some reason we can't close ulith the city which simply means thatue could not meet their requirements so I,d like Lo have that deleted,However, we wourd agree to the upgrading of 79th. t^le own that parcel butalI Lhree parcels have to be sold togeLher. you can,t just pass the,because of the current ownership, pass just the 79th parcel or parcel 1onyour map over to the City. So that couLd cause a long term problem.Currently it would not cause a problem. I think that,s why paul put it in.there because iL's perceived that we uri]I close on this but I think it,sunfair for valvoline to be held up because of some reason that he can,t,title problem or something that Ne can'L close on the back property. Andthen we wiII be presenting a proposar to the HRA to go over this aL their21st meeting to discuss the assistance that would be necessary and thisassistance that ule're Iooking for paul is in the standard type ofassistance that are used wiLhin the city for this type of eiiort. Hith 3year program and it's pretty much of a standard thing so I don,t thinkwe'Il have anv problems Lhere. so that's where we siand on the plat andthe reasoning behind it. Any quesLions for me?
Emmings: 'Yeah. AIso on the other outrot, is there a purchase agreemen!with the obJners of the Hanus property to purchase thati
Brad Johnson; At the present time the owners, the ownership of the Hanusmay transfer at the time, we have a purchase agreement to OL, the Hanusbuilding wiLh Minister's Life and we're in rinir n.goii.ii"n" on ourmortgage. And so if that actualry happens, we'II own it and then we,Ilaffect a transfer - If that does not happ"n, tn." Ni"i=i"ilJ n.. agreed topurchase it. But it,s just kind of up in the air and in a week or twowe'll know exactly the status of tha!. As part of alL that process, r.lewilI be changing the look of the Hanus buildins durins if,"-=r.r., of thisvg3l . our first step is to remove the trucks.- n sooJ 3/4;t the fleetwiII be leaving here in the next 3 or 4 weeks.
Conrad: [,Jho owns the property right noh, Brad?
Brad Johnson: Lotus owns parcer 1,3 and 4. Minister,s Life owns theHanus building and Lotus ourns the Kurver's property. And Lotus being notjust me but we have investors that are involved in that. ir,i" is, r thinkve explained this a couple times in past meetings. This is abouL theIast time urhere somebody has control of the whole thing. tte have it undercontrol so a lot of the things that paul's requestins on platting andthings could be a real pain if we didn't ob,n it aII ind coula facilitatethis. so we have the opportunity at this time to do that .nd *",re morethan willins to do it to accomprish a1I these things because r think it,sfor the betterment of that si.t.e and also for the bitterm.ni-or the Hanusbuildins even if at certain times it does not Iook that way. tJe,re tryingto get it there. Any other questions?
Emmi ngs; No - Is someone?
Iike to? This
va IvoI i ne .
Brad Johnson: yeah, Bob would youwith the development deparLment of is Bob Mikulak and he's
Planning
February
Commission Meet i ng
6, 1997 - Page 4
Bob Mikulak: Good evening. I'm representing vaLvoline as Project manager
for the project, as I have on several around the country. This is Lyndv
Nordeen who is an area manager and he wiII control the oPerations of the
store once it is oPen so if you have any quesLions for him, Ne can also get
those ansurered for you. Knowing that the quick lube business is new to
chanhassen, there have been a couple of issues I guess I'd Iike to address
first that have been brought up to me at various meetings. I guess number
one is dealing with tlaste oil. If you want, you can Pass these here. It
seemed to be a ]arge concern as to how the waste oil uras handled at our
faciliLies. Uhat I've done is prepared a very brief Iittle paragraPh here
at the beginning !o describe it, followed up with some backuP data there
and I,II Just verbally go Lhrough it. Bas.ically a car pulls in. The oil
is taken from lhe vehicle through a closed PiPe system tahich then drains
doun into a holding lank in the lourer level. That is vented to the
exterior through the roof and basically removed on a regular basis
Regular basis meaning, depending uPon the volume of the store and how the
store mariager operates it, wilI be called periodically. He checks it
daily.eehindthatissomebackupmaterialaboutthetankitself.The
tank is UL Iisted" pressure tested. There is some MSDF sheets there r.rhich -
are available in our stores and are the Procedures that lhe emPloyees have
to fol)ow in case of any type of Problem with the waste oil and finally the
site, as all our sites are, is part of the used oil bank which was a
qu."iion at preliminary basis also so there is the collection of waste oil
at that facility. It does have a few regulations via the Person bringing
in 6"= quantity limits and the signing and basically Putting their Iife on
the Iine as far as what thev are bringing in on that data. and that records
are kept for both oui-"orp.ny and for the State - Do you have any questions
on that in particular? I wou]d Iike to move on lhen a little bit to the
Lruilding and as . or.iirinriv to actuallv Presentins 99I site and so forth' -
e-i.r., iirr," as r understand have seen some of the buildinss or possiblv
Iooked 6t some of our iacilities around the ciLies. Over the past about 2
years, actuallv it was ibout a vear and a half ago that I remodeled aII of
our22locationsthat-wehadaLthatpoinLintimewithintheconfinesofthe metro area. In ieviewing some of those buildings' I guess I have a
pi"tu." here which f ii-=h"w-v"". Illustrates severaL of the :l::: :.1?l-
were remodeled. Now they aII resemble our prototype which is being bullt
on a nation wide basis "i=o nur" noN of every new building r.le establish but
we did acquire ,n.t *""ia be called Rapid oil here IocaIIv and it had
several different o"irJins configurations and Iocations which we did so
through and try to ,pei"a" and biins into uniformiLy. If you've per chance
=..n in. of those sites, it's not a true replica of what our buildins is
today and I guess r want to Show you a couple of Pictures of what that
,"ir.lfy is and 90 into that. There are three Pictures uP across the toP
which is a location it eztn Avenue in st. Anthonv Village which is kind of
a north suburb. There are four Pictures below that which are larger. One
being a shot of an interior and Lhe other 3 being the exterior on a site we -
U"iii i" Golden VaIIey a.1most a year ago. That gives you a little biL of
a, in picture format, what our new buildings do look Iike I guess better
than me trying to explain what they ]ook like. I NiII also give and Pass
yo,., , ..rpi" if our exterior material that's used on the building- Do vou
h"r" .r,y questions on those buildinss that are uP there?
EIlson: CouId pass it around?
Bob Mi kulak:
you
Sure.I'm sorry. I thought lhe camera did it'
trIanning
February
Commission Meet i n96, 799t - Page 5
EIIson: Yeah, even on the camera it's not the greatest.
Bob Hi kulak: t^Jhat r.Je have up here is the current site plan. There are afew things that b,ere addressed in the site plan review that are listed onthat new drar^ring that r just handed paul and Jo Ann and is also shown onthis. r guess II just run through the staff recommendations here. coverthem as Ne 90. Number l was the relocati.on of Lhe trash receptacle andenclosure that meets the required setback and that was accomplished on theplan" l"Je've basicarly moved it in about 7 feeL so it came within thesetback. on the copy there paur and Jo Ann iL's listed and r have someother ones if vou urant. Number 2, r guess r would ]ike to pass over andcome back to at the end. Number 3 is arl deciduous trees and again wenoted what we could on the pl.an. That's all been taken care of. Number 4,in regards to the signage on the site, totarly agree. He had an initialmeeting urith the staff quite some time ago which Brad was part of and wedid discuss a majoritv of the items and agree with aII that. Number 5talks of ro.ftop equipmenL. ln,e have no rooftop equipment other than a pRVwhich is a ventilation fan for the lower level and real]y i gr.". there,snothing to L,e e.creened on the roof. Number 6, in regards io the contours.Extending out 1oo feet off of the site, that has beei accomplished on thaiset of plans also. Number 7 is in regards !o some calculations in regardsto the storm sewer and.what is actually happening on ir,"i-.ite with it.r do have the calculations that BRtj !.rent t'hrough-on . Ji.ririn.ry basis forthal pro ject - tlhat they have calculated is a iystem "f.,li.f.l-,ri f f handle 4 .2cubic feet per second which is a flow rate. t^re have broken that downfurther to our actual parcel and what our contribution to that could be.That is a number aL z-z cubic feet per second. calcuraiions uy our staffor our engineers with the impervious area using Lhe MnDot 10 year comes upwith a 1.8 so we are under the z-z LhaL the svitem ..n-h.nti" at thispoint. r guess Lhere's still some issues whereas Lhe street and how it,sa]l going to be upsraded but on a, r suess day to Oav ;;"i;; we,re keepinsinformed of what's happening. currenily we do meet ifi if,.i. Actuallyunder it. There's one oLher issue and Lhat r.ras tne ii sh*", -o.par
tmentright-of-way and basically the drainage ditch alont lhil--in s. Lle havespoke to the Highway Department, when they calculit"a tn"f ditch, theybasicallv calculated it as runoff from the entire-aiea in-in.t .pot. Rishtn9! Ie are currently having ,2 cubic feet per second floh, to the ditchwhich makes them more than happy. As this aII deveiop.-.nJ-tn" actualstorm sehrer system is drawn up and ulhat we're going to do, we have aIocation of where we'd Iike our catch basin pei eriryboJyis recommendation.rt is shor,:n on the plan but we do not have the connections because webasicalrv don't know what and where it's going to go in fhe street yet oralong the street- As soon as that happens, we will certainly tie into itand provide that. That goes along with number a Uasicaily. ruumber g isLhe concrete apron issue and that's totarry rine ana-i-sr""" ," usuarry geta copv and put it in as required. rf r were. to no*, if r could jump bacfto item 2- tJe did also incrude r believe in the packet of information thatvou sot ' a brief svnopsis of our ideas on the traffic pattein, LrafficIr"r- tJe do deverop, have deveroped Iike 3oo sites around the country. rdo have some other site plans which I can show v"" f""rifv. I can show youGolden vallev. r can show you silver Lake Road. r ""n-"i"* you one is inBurnsville which are new buildings, neu, developmeni..- rrpi."rIy we can,tset anybody, we'd sure like it if we could get peopie to';;il in ]ineIonger than a half hour but I guess if you pulled up yorr".it and werethere for a quick oil change, be it a lot of people .or" on-th.ir lunch
Planning
February
Commission Meet i ng
6, 7991 - Page 6,
hour, merely has to get done quickly or you leave and come back at a time
when there are not so many cars there" Or maybe none. If we take a look
at oLf r particular site plan, hle. can in fact have about 72 ca(s backed up
before it gets onto the street. I don't know of any way we'd get 12 People
to r.lait in line. If we could, we'd be happy. I Hon't say it's never d r
possibility because I can'! guarantee something I can't guaranLee. But
I know that on our busiest weekends, which would be the Thanksgiving
holiday season, right in that area, f'm sure Lyndy can sPeak to it. He
operates several stores. That's the time uhen we are backed uP most - ['Je
have several sites around the city,41 actually and I can go and he can
take and address the issue of do we ever have cars backing uP out of the
properties onto the streeLs and I to this point have never had that occur.
J've never been informed of i.t. You can ask him directly. tle have sites
which are a lot smaller than this. one in Particular that was brought up
to me is Apple Valley. It's on a corner. It's very tight. There's not a -Iot of room on it and yes, ure do develop tight sites sometimes which you
know we clon't have the pleasure of having a]l the room we want ' This
particular site gives us more room lhan we need ' A couple of. things. in
relationsh.ip to that traffic flow- First Presented to the Citv' we had tu'jo
curb cuts shown on it which aLlowed iust basically U type Pattern in and
out of tl.re site. There was another curb cut on the other side of lhe
property. We chose to move the one Per our meeting that ure had' Based
uponthatmaeting,IwentbackoPeraLionally'It'sbeensetuPtooPerate
this way. t^J e have put everything into organizing it and going with this
s"r" olr". one of the main reasons tha! we don't wish to change the- .t
traffic flow is because if we did, we'd have cars stacked coming in from
.
the other side which is then visible from TH 5. t^le personally, as a
company, clon't want the cars stacked coming in from that direcLion because
itjr'rstdoesn,ttoor-gJoJ-on"ui=itefirsiofa].].It,Sahinderenceto
business and f Lat- "rt-:"st doesn't Iook good ' If we can. at any point in
time, wa'il clo what *u'J.-J"n" here and basically trv to hide the cars from
visibility. rn this cas. i gr".u we feel it works much better on-the other -
side. lf >'ou f,atre sor" qr.uiion" in specific regarding that' I'1I
certainly field them for You.
Emmings:Isthereanythingabouttheoperationofthestationthatmakesit necessarv that they come in from one side over the olher or isn't that a
pr ob] em?
BobMikutak:oPerationa]ly,no.t^ledof]iPfloPthebuilding.Thispritir.t". building f'r.. f"in designed and set uP and is 'under construction
i; t;" want to caII it that, via plans that has it laid out this u,av" To -
rake this building ."J ir,i= Particular site and just to flip the buildins
i;;"a Just flipping in" uuilding. There are manv components of that
U"iiJiri inside *f.riJf,-l6"n get tever=ed. Again, a lot of People just think
it,s a couple r,ores in-Lrr" itoo, and that's-alI there is to it but it's :
""t. tiii Uasicallv-a buncn of differenL construction as far as sLeel" '
,iif, opunings for the building itself' For the lobbv configuration ' The
lobby configuration is always i.n one Position versus exiting the building -
so rhere are a ]ot "i-fiiiilr, i gu"=" characteristics urhich make it quite a
change. I kind of wenL through I guess their items on there - covered
their buildings in g"n"r.f as far is their aPPearance goes. I do have some -pi.tr.u" which don'i reallv represent Lhe building other than in an
artisticrendering.Ifyou'dliketoseethecolorsa}ittlebitbetter
than in those photogt"ph=, this gives You some color in the building' If
Plannine
February
Commission Meet i ng6, 799f - Page 7
lhere are any particular questions on the operation, I'm sure Lyndy wouldbe Lapp'l t.c ansurer it. He feel very good being able to have lheopportunity to develop in chanhassen. Very much community and would Iiketc be ouL here. Obviously we are not anywhere near this area. It,sgrowing and we'd like to join you. If you have any questions, I'lL behappy to a nsurer them.
ElIson: I've got a question.
Emmi ngs: Go ahead.
Ellson: f'm not sure if you're aware that we,re going to get an omissionstesting sLation or plans to have one. r don't know ii it,i totally beenapproved or not. r uondered if some of the services you provide wouldcoincide with some of the problems they'd find or is it basically your 10st€p thing and in and out?
Bob Mikulak: tle don't get into any of the other stuffadclre=s the operations, strictly Ouick Lube.
and Lyndy can
omission test is goi ngdo change air filters
To what extent , weIooking into and we
t^Je
few
AS
Lyn,:l;, Nordeen: I 'm not even sure exactly t^rhat theto be doing other than they check your exhaust, tJeFVC breathers. PVc valves ahich does affecL that.don't knoL.:. It's something that VaIvoIine has beendon't k rror,r if we're going to be maybe getting...
ElIson; That'd be an ideal Iocation, you'd be right across the highr,ray andycu cou) cl get et,erybody whipping in there saying, go across t;; hi;h;;; ;;;get it. fixed up there. I just thought that was an opportunity but okay. IgueE.s we haven't realry, they're instituted in the whole siite so He,re notquite sure what they're going to be required of "ny "i-r..--I had anotherquestion. Hours of operati.on.
Lyndy Nordeen: 8:OO to g:OO, Honday thru Friday. g:OO Lo 5roo onSaturdays- Some of our locations are open on Sunday, 11:OO to 5:OO_will not be open in Chanhassen on Sunday yeL. It depends on, quite aof our successful slores on Sundays are near big shopping centers anaChanhassen grows, quite possibly we could be open on Suniay.
Ellson: You and about half the population. Bobis one of the most busiest times. Is that truefeel that the lunch hour is going to be like thecurious as to when the busy peak time.
Lyndy Nordeen: Typically noon hour is good.
Some stores are very busy in Lhe evening.
you hrere saying that lunchfor this location? Do youbusiest or is it, I'm just
It depends on the location,
Ellson: Do you have an idea whatlocat ion anC that?you think this might be based on it's
Lynd>' Nordeen: I'm hoping so. The Shorehrood store is pretty much, TH 5and TH 7 are fairrv parallel. The shorewood store is ,r".y-bu.y in theevening. r've read over a few of the items on here. The traffic frowr understand is a concern and r oversee the busiest area in the Twin citiesand we were real fortunate to get some real cold weathei. t^,e love it when
Planning
February
Commission Meeti ng6, 1991 - Page 8
it goes to 2O below and holiday season, And it's very rare that a store
this size would have more than 4 Lo 5 cars waiting. Even when we're that
busy. The concern with Va]voline and us is people keep on going when they
see people waiting. After they're accustomed to our business, they'II come
back ]ater and we lose cars even if we have 2 in and no waiLing. I think
Bob addressed that somewhat already.
Bob Hikulak: tJe do obviously try to tailor to
we're trying to please and gain business from.
on that,
the consumer.
Our bus i ness
That's who
was bor n base,l -
Emmings: You don't have any outdoor storage of anything do you?
Emmings: St, if there uere a condition on here that Lhere trould not be any
outdoor slorage of anything, that would not hamper your oPeration in any
Nay? Did you have anvthing else you'd like to Present?
8ob Mi kule k: [,Je have a trash
will be encJosed and covered.
Emmi ngs: Thank you.
as part of the public
enclosure which is obviously outside. I!
There's nothing that's stored outside.
Bob l'4i ku.Lak: No. Thank vou much.
Batzli moved,
favor and the
Er har t
mot i on
Is there anyone else here who'd Iike to say anything
hear i ng?
seconded to close the public hearing. All voted in
carried. The public hearing was closed-
presentation. . .
guess the
the widest par t
Emmings: Ouestions and comments from the Commission ' . Tim?
Erhart.: I didn't have anything and I missed part of Brad's
ta sr-aff 's statements. Regarding the site plan however, I
assumption is Lhe rotation of the traffic is because that's
of tha lot is on the easL side right? Is that whv?
Erhart: Yeah I know. Let me finish the question ' The reason
have it this t,lay is because that's the widest part of the lot?
have reversed the whole lot and sti]I had your stacking behind
had you made the entrance on Lhe ues! end.
Bob Mikulak: You're asking if ue wanted the building" '
staf f 's recommendationyou could have reversed
that you
You could
the bui ldins
that
theErhart: I'm asking, in order to comply tlith
you have counLer clockwise flow of traffic'
whole lot.
Bob Mikulak: You're asking me?
Erhart: yeah. The rotation of the traffic. I mean it seems a Iittla
funny that y'ou'd have cross traffic entering the driveway '
Bob t'likulak: t^l e have that at a number of sites.
Bob Mikulak: r,Jel1, the PosiLion of the building was first and foremost in
the design of the site and that's for maximum visibility obviously.
Planning
Febr ua r y
Commj.ssion tleet i ng6, 799! - Page 9
Erharl,: Maximum what?
Bob f'likuIak: Maximum visibiritv. Maximum visibility from TH 5 and tobring it out so that obviously it's visible lhat somebody knows that we arethere. We don'! just deve.Lop it you know in a matter of a few minutes.There is a lot of thought, There are several people thaL go through therel,iew of the process and cover it. rf the issue of crossing traffic is inthe back of vour mi.nd, remember Lhat we're going to have basically a carcoming out somewhere every 15 minutes. rf we have a car coming out every15 minutes, iL doesn,t real.Iy cause an aurful lot of congestion for us onthe site is the wav we viet^r it. possibiLity of the cars backing up fromstacking to that poi.nt where they would be at is, in our mind, nil and wefeer verv comfortable with it. tJe'd prefer not io have the cars visiblefrom TH 5 primarily in Lhe stacking mode "
Erhart: That's gc,i ng toand f guess the issue,sis, I noticed you,ve gotreview anj r guess thoseanything to grow high invisit-.i1ity?
marketing decision that you need to do that.to be is iL Lhat detrimental . The other oneof Mugho Pines stated in your site plann the front so f assume that you don,t wanttwo southern areas right? Again for
aIl coniferous trees mllstOkay, so you don 't've got..
bea
going
a lotare i
t hose
Bob Hi kulak: For us, yeah.
Erhart: In condition number 3 ule added here thatbe a minimum cf 6 feet. Are you incluJing paul...include that in the term coniferous? ihat,s all I
ConraC: Brad, your concern on ehe preliminary pIaL recommendations isprimarily point number 5. Is. that iishi: And you,re going to figure thatone ,trut in the next, before this gets to, are you going to have a betterfeel for that before it gets to Ciiy councilU
Brad Johnsor, : yeah. Basical.Iy I said I do not have control over whetherthe citv will close on the curc r,ase
- ajr lement but r do not reer that it,siriperative...that rhis transaction clJses for valvoli;. a; buird a buildingth=re . . . "HRA, they,re not .on""rn.J-iitf, it eithei. -we-f,Iren,t talked toHRA bui staff from the HRA side of it. So I r.rill try to-noit it throughbut.m just saying, from my point oi-v:.er, r can't guarantee that the citywiII close on the lot. l,re can "ccompri=h [r,. .ii"-pi"" i.ol..t and h,e canaccomplish the road improvements and'we can accomplish the 'iandscaping ofParcel 1 wirhour closins on the Oact fot. .Like I ;;iJ,-l;.i,s out of my
;;l::::. r don't think it's fair, since rhe citi i;-i;;;;;rot, to resuire
Conradi How do you respond to that paulZ
Krauss: There,s a good reason. It,s a liLtle difficull to explain- Wewor ked oLrt a prosram on this urith the City M"n"s.r, n""i"i.nt City ManagerconcerninS the road improvements rerative to the back rot. This is adifficult area for us to work with. The road was buitt-abort ro years agoand iL was no! built to current commercial street standards. rt,s underwidth. It doesn,t have a turn Iane by ihe railway tracks which ispotentially hazardous. And the road,s been beat up quite a bit by theheavv trucks that have been using-ia.- ;i the area behind the Hanus
Planni ng
Febr uary
Conrmission l.,leet i ns6, 7991 - Page 10
building is to be intensively developed, we need to extend the road back
there, we think that we need to have the road widened to the current
stan,Jrrd which is 35 foot wide which is quite an expensive Program. [Je're
Iooking aL abouL 16110,OOO.OO expenditure to do that. tjhat we've agreed to
is t.h6t since the HRA is planning to buy those lots back there, and since
when the HRA owns them it would be their intent to either not develop th:t
area- L,se it for landscaping or whatever else, or very low intensity
development since we control iL, we would have a comfort Ievel that we
could go with onty very slight improvements to the street. So basicallv
what we're telling Brad, and vou know I think everybody's in agreemenL that
we're going to be buying these lots as ]ong as there's not a Po]lulion
problem or anything else. That ure're willing to accePt the Lower level
Street improvements contingent upon our being able to gain assurance that
uje,re nol- going to have to Provide service for a Iot of develoPment back
there at some point in Lhe future, i.e. our acquisition of the ProPertv '
Brad en.c r wer;: talking this morning and tie think that there may be a wav
Lo work this out in a Purchase agreement. Have our City Attorney draft
somc-t-hin3 ua s. r-hat A follows B naturally and we can do that. The reason
L,e ula nt io set alt this straight right now is Brad is platting the
prop;rty- c-, plat, tle have the right as a city to say we need a street
improvement and assess it back to Lhe Property owner. A11 the individuale
involveC irould prefer that we not assess this in the traditional manner '
That Ee use the HRA program and finance it lhat way and again" we're
willing to do thaL. ' t^leire in essence giving uP our rights to the plat.
n"qririns of the plat and coming up with an alternative strategv- It's a
iitti. bi1 clunky b"l"rr=u "f.ti the different proPertv transactions that
need tc take trlace but T guess it a]l boils down to' if our Citv Allornev
unJ ar"e has talked [o frii, and r think he can develop a purchase asreement
that lals all this =iuff-"rt' ,na it's all s.igned, we would feel comfortable
letting the pIaL proJ..a under those circumstances ' So we think that'
r.Jhat mi' recornn,e ndati;;-;.;i; be is to leave Lhe language the wav it is
right not^r and we roriJ hop" we'd have some resolution of iL before it goes
to t- he Council.
shal] be entered into rather thanBatzli: SaY that
the sa l. shall be
Ahrens: I think the entering into a purchase agreement is too"'
the purchase agreement
concIuded,
conrad: okav . That's mY onIY
concern is traffic circulation '
on the si te?
Bob Mikulak:
would. . .
Co nr ad: 25?
on Lhe plat. Site PIan, mY onIY
the estimated traffic count Per
co ncer n
t^]ha t ' s day
Per day, we're hoping to initialty have 25' Less than that
Cars.
day?
that 8:OO !o 8:OO Period of time?
Bob f.'1i kulak:
Conrad: Per
El lsoi'r: Ir
PIanr;in-3
February
Ccrnrni:sion Meet i ng
6 , 199! - Page 11
Bob f1i ku I a k : Some days t^re 'I I
SaLurday we'lI have more than
have Iess.
Tuesday.
Some days we'l. I have more. on
Conrad: tlhat's
nouJ?
your best store? How many cars 90 to your best store right
Bob Mikulak: The numbers that I knowinformation that I have would be a 3get f guess 80 cars per store, that's
Conrad: Yeah .
Conrad: Al I day?
Ahrens: Hour long does it take
tlL' r't l.- l; l : ;'.ipt oximately in
I'm aski ng Lyndy
bay store and on
good .
of,or4 because f--.a Saturday if
the
WEvery
for a car to
that per iod ,
from thatnotice it
go through the process?
depending upon what. - .
Ahi-(:a; Average time?
B.! aar ' -: I ; I : 15-20 mi nutes . On the average .
Lyrrdy N rdEeni Some of our higher volume stores, we now probabl,- servicef i,::.hi r,.: .:nJ cooling systems, ch.anging transmission fluids. Each servicewe t)-v to s,ear towards 10 minutes. The average is around 15 so if yoli camei rr t --r he,,,: your vehi cle serviced and ure change d your transmissi.on anJ wechanged v'c'-'r oil and changecr y.ur coolanL system, you'd be in there abouthalf an h,:r-,r s: iL varies. Typical oiI change oi a ne* Iate model vehicle,in and out some stores average g to 10 minutis. V"u, Uig-rani.t..,suburb;r:' -'thaL's about 2o rninutes so it varies a iittle bit but ouraverage is around 15 minutes.
Conrad: can you add to the number of bays on this parcel? 2 is it then?
B'-: l'ailiiI:1.: o,"r r intenLion on this particular site and future sites thatwe develop would be to maintain a 2 bay. We,re planning to build riorest'3res and less volume is turning out to be a better aliernative or abetter approach than trying to put, and again i! gets back io thesituation. People just don't wait if therels a line of .cars out there.
Conrad: But if we double our population here, we,lI erobably double thenumber of cars in the next 10 years. That would be pretty, your traffic iscomi n9 from the local area risht?
Bob Mikulak: They take the basisthat drive by on the highuay thatvolume of the store. - -
a lot ofbut that obviously
1O year s ,
is peop I e
the
irin
Conrad: Again, 25 cars a day. And in 10 years maybe 5O cars a day.
Lyndy Nordeen: tlethe traff i c flows 2 bays that
concern and
haveare a
average 3 times that athey rarely have maybe
day and I know
2 or 3 waiting
Bob Mikulak: Best store that we have in the city?
9Lanni n;
Febr ua r y
lommission Heeti ns6, 1991 - Page 12
out front all ciay. So even if the volume increases, that won't be a
ccnc?rn.
conrad: okay. WeI1, the staff is recommending a very logical traffic flowpattern anC I think you'd uant to take advantage of that. If all other
things being the h,,ay you wanted them, I think you r^,ant your sign f aci ng Lhe
righl way on TH 5 and I think you don't want to show PeoPIe you're busv.
From that standpoint I guess I don't want to Parade cars. From an
aesthetic standpoint, I'm not sure that I want to stack cars out on TH 5
either. I was Pretty much concerned and verv favorable toward the staff
corn:rients but if the traffic flow, we're talking 3 cars Per hour, I guess
I'm not too concerned anymore. Those are my comments.
Emming:: Annette?
Bob Mikulak: Very brieflv and quicklv, yes'
are done thai uray' right.
Ell:orr : Yor know r tr,icture that Lhe car wash always seems to be busy,
e :=e .-iall.r on Saturdays and I was making a comParison to that car wash, in
rn; o;inion, not trying Lo go to that car wash if there's like 3 cars out
t-hera bL,t e lot of times I see like 4 cars outside each bay on a Saturdav
and r,lonrl. r about those crazy PeoPIe who are waiting. There's Probab.Iy one
in tl:i-: plus.{ on the outside so I tend to think that if People get to
ucirrg this F,l.ace, that lhere would be 4 cars stacked up behind there and
I'm ioncerned about the traffic and I'd Iike to see the staff plan
irnplement.ed on).y because that corner already has People uho stack dp behind
a car w::h. Those would be the same peoPle in my opinion who'd be using
the rapid oil change and if they're waiting for a car wash, thev'Il wait
fci :..:i] change in my opinion so I think that the inconvenience of
changirg all th: plans isn't a strong enough incentive for me and I'm not
sri'.: ttat lt- real]y would turn away too many PeoPIe based on seeing some
car: uLaiting and I hate to think 10 years from now we said, now whv clidn't
ule hanil:. thai- clogged area when we had the chance back urhen we uJere
developing it. So tha!'s whv I'd like to handle that clogged area before
i" become= a clogged area. I',d Iike to see that traffic circulation go
counter clockwise. That's the only thing I had' I like the idea of the
landecaping. I think that Iooks nice'
Ratili: I have to admit I'm a user of the Shorewood store ' I used to
.t.,"ns. m). own oil but I can hardly even find the dip stick anymore, they've
;;a;" much iunk under the hood. But verv rarelv is there-more Lhan 4 c6rs
sitLins out there and in fact, if there's more than 4 people' turn arcund
i,a t.ir,.. I think in"y'r" eiactly right. So I don't have a Problem with
the traffic f lor,r. It doesn't make much sense to me but from a marketing
perspective perhaps it does. I don't think there uriII be much cross
trafiic so f don,t think that bothers me much and it looks Iike thev're
trvinJ to fri.ae it from the road so I guess iL looks like. they're designed
it. ihey,ve thought about these things and so rm not necessarily in favc,r
oi tfr", Leing forced to reverse the flow- You've discussed, the
applicant's discussed oil. There's other chemicals that they use ' for
.ru*pl" the antifreeze and things Iike that. Do you use similar systems to
collect the antifreeze and transmission fluids and things?
Emmings: Nhat is and what isn't?
The ones that are of concern
PIannin3
February
Commission Meet i ng6, 799f - Page 13
Bcb, Yiku-lak: t.Je]], we have the brake fluid. obviously that's treatedappropriaLel>.. PouJer steering fIuid, same thing, Transmission f Iuid, samethins. l^,h€n vou get to windshield washing solution and so forth, that isnot a chernical in Lhe sense of a chemical so it doesn,t need to be trealedthat r^ray so it is not.
Emmi ngs: Nhat happens tov:hicles though?
that? tlell, you're not taking that out of
L Bob Mikulak: No. t^,e're merely adding to it but if there is spillage or ifLh. gu'/ 's washing his windows in the store, obviously it occurs there.
I Sometimes. they'll put a new pair of r,ripers on and wash the windows in theL car to make sure that they obviousry work and don't streak and so forth.
, P:111i .JI fgt example vou're flushing someone's radiator and you set aI larse EpiII cf antifreeze and you clean it up with towels, they ;r=i s.tL thrcun in the trash?
1 Bob Milulal': r wou].dn'! =", iust get thrown in the trash. rf you take aL Iook at the chemicar make-up ;i-;"iiir;;r"l ti"i""ioi I porruranr a. youcall a pollutant. rn other uords, there aie di rferent -categor i es and r
I 1?:.: f::" if vou want me to set into a long detailed anarysis of all LheseI dltterent chemicars that are used there. rt would not be mopped up t,;ithtourel:. IL would merely be flushed through *f,ri-*"'nJre called as an oilNater separator-which is basicalr.y takes ...u oi ".p"i"ting ortI contaminants before it would s"-int" the sanitary sewer system and thatL particular fruid urhich is in.-iniiir."r", would go through that sysrem andthat would take care of that.
I
L Bat:li: 9C, that's rocated in the interior of the building?
, Bob Mi ku Ia k: Correct.
Batzli: So if any of thesewhat happens to them?
things are somehow lost outside the building,
F"!.I.r kulak: uelt, r.guess generally we don,t do anything outside thebuilding and alr the draining or pitchins of the floor comes back into thecenter of the buirding and brings it in. rf somebodv ai"".-up with aproblem. outside, r guess the guis at the store would have to evaluate itand go back to the MSDF sheels and respond to thai-acc"iJi"glr. They,reprobably more Lrained in it than I am. I,d have to go to those sheets toreview our procedures on it for each one_
Batzli: Is the antifreeze that you take outstored and somehow disposed of or does thatsep;rator?
of people's radiators, is thatgo through your chemical
around the country. Host times itIn Minnesota what we have primarily
BatzI i ; As
r egu I at ions
Bob Mikulak: That goes lhrough the system. The separator.
far as storage of chemicals on site, are Lhere any federalthat you end up following, I would imiginee
Bch l''likuIak: They,re not uniform al.Idrops back into State by State basis.
Pi;rnr n9
Februar,w
Commission Meet i n9(., 1997 - Page 14
of concern is the !^,aste oi] and the new oi]. tJe have the supply of
windshield urashing fluid Lhat comes under quantity Iimits. t^le don't really -
have an,-thing else that real]y falls under the impact of being harmful , if
you uJanl to calI it thaL, or if there's any governmental regulations - It
all kind of goes back to uniform fire code, NFPA requirements so that's how -we b: s: that. :
Batzli: Jo Ann?
site plans and I
it?
tje used to have Pub}ic
didn't see one attached
Safety r evi ews
to this. Have
lot of these
people r ev i ewecJ
ofa
our
Olsen: They looked at it
of the stuff that they'repermit aPpI icat ion so lhe
Batzl;: The/ didn'L have a
or sepat-;i to:'s or anything?
olsen: No,permit.
and they just wanted to give no comment. A ]ot
involved with comes through wi!h the building
site plan itself they had no comment.
concern with it at aII for any of the chemicals
BatzIi:revision
anythi ng
0kay.of the
else?
]s it Charles? The applicant discussed I think some
sewer elevations and those Lypes of things' Did you
Ar" yor., comfortabLe with the condiLions we've got in
of the
need
there
Folch:Yes.I,mcomfortab]ewiththeconditionsthatuehave.Basica]}ythe ,equiremenLs for the sewer elevations and some of the grade matching
ihut "ui;i. talking about is just requirements lhat we would want to see
Frio: to final aPproval of the site PIan apProval ' Houever though ' in
relat-ion to the ,.rnoii-"it.u1ations, that 1s a requirement that we have-
rve heard numbers t""ishi-bri r^re ulould have to get Lhose in t{ritins and
documented ae such "nJ-i, *irr review that accordingly and have them in our
f i Ies.
Batzli: There's a catch basin
would drain to that?
Batz]i: So the tYPe of catch basin
Ieaves, things Iike that? Obviouslv
running off the imPervious?
Folch: tJell it probablv is going Lo end up being
basin grade.
Batzli: My onlv other comment is, I guess I have
Lhird condition of the subdivision' Mr' Johnson
increment generated from the Valvoline Project '
Lo just LoL 1, Block 1? The outlots?
up by the entrance. t'Jhat Part of ihe site
Folch: BasicalIy all of the impervious area r'rilI drain to it'
area that doesn'L really drain to that aPPears to be a southeast
southuJest€rn corners of the site, looking at the grading plan'
the impervious area uould drain Lo that caLch basin'
envisioned is just.
noL catch oils or
The only
and
But aII of
something to caLch
anything that's
just the sLandard catch
two. The increment, the
shalI agree that aII
Jo Ann, ate Yov referring
Again, they look at that in more detail with the building
i'.i,;innin?
February
Commission Meet i n9€, 199t - Page 15
l{rauss: It takes as much increment as it's goj.ng to take. It looks asthough, we dorr 't have a final evaluation but it looks as though it,s goincto tal:e the increment from the Valvoline and potentially some of theincrement that's uncaptured from the Hanus building Lo pay for the roa<Jimprovement. tle don't have the exact numbers yet.
Batzli: 5o it's Ehe entire original lot that you,re talking about? Orvou talking abou! in relation to the one when you add like outlot, orrethe outlots onto tile other property that,s going to be included !hen?
aYa
3-;tzli: J guess I'm concerned about the broad .Language. r don't know whatthe Valr,,ol ine projecL is. I don't kno* if that really includes, f mean ifyou're t.rying to encompass additional lots, I think we should somehowclarifv what i.re're talking about there a Iittle bit more and I guess fdon't know hou: to do it because r don't know urhat representations he's madethaL you're t;-.:ng to disLiII here. I'Il have to work on that. My onlyother comment is on the first condition. I,d like to amend the firstsentence a Iittre bit so that it wourd read from after Lhe word propertytitles it wourd read, of the adjoining parcels and that such outlots shallbe combined with such adjoining parcers into single tax parcels concur-renturith recording the final plat. Just to crarify what the they's and thoseare. That's aII I have.
Ernmi ngs: Okay, Jeff?
Farmakes: I have a couple of questions. !.lhen the overall site, theIocaLion of site that's tagged on the overall map sort of blocks the lotsthat are along TH 5. r berieve that would be the rot due south of thisproperty. Is thaL a buildable lot due south of thaL properLy?
Krauss: rt could, if thev would build something.on those outlots thalwould increase the value and i.e. taxes. rt urould have an impact buf- thereis no use being proposed for either outlot at this point in time. so theonlv thing that generates the increment is, apart from inflation is thestructLrre that's going to be built. The valvoline sLructure and thee):istin3 lta:rus building ulhich is throt^ling untapped increment at this tima.L;e've !r'3t it down and you know r was tar king r.rith Todd Gerhardt over thefinal numbers which we don't have yet but it looks as though we needapproxinetely $60,Ooc.OC for the road improvement. Approximately$45,CCO.OO increment of which would be generated by the Valvoline so thebalanc,e of that wc,uld have to come off the Hanus site.
BaLzIi: t^lhen vou sav Hanus site, you're talking about other parcers thata;en't irrcluded in this subdivision?
Krauss: Correct.
Batzli: Ho{,i can you get them to agree to that in this subdivision?
Krauss: l.Je're not going to try. t"le,re going to ask Brad to do that eincethat'= the representations that are being made. And Mr. Johnson is lookingai a:quirin'3 that property and has worked, spoken to Hinister's Life andpossihlv Brad can explain that. He has goL a working relationship r^rithMinister's Life in the meantime and has assured us that that's somethin.?tha-,- h€ could fulfiII.
Flannirig
Fe!:,ruary
Commission Meet i ng
6, 7997 - Page 16
OLsen:
Krauss: Yeah.
That's highuray
It's also the
r i ght-of-uray .
rear part of the
But right nour, as
An'oco site -
I recall, it's just sort of an oPenFa i- r'a kes : Correct
fiel d there?
Olsen: He
i nc ludes a
Farmake=:
had proposed an e xpa nsi on
car wash facility.
So it is ourned by Amoco?
portion of it and then the
If they wanted to access
for in the future that actua]lY
Clsen: A
Farmakes:
rest turns i nto
that site , would
r ight-of-way .
through their
h ighway
they go
Olse-n: They uculdn't get an additional access from TH 5
Ferrnal:c-=:' f Srues5 thaL answers my question about that ' If there is a
building or something put back there, I guess I would not be so concerned
abour- *-i,e landscaping to Lhe south. Although you're Lalking about if you
agree t.rit,h the staffis proposal , that the traffic would come in and get
stacl.c,i up on that side and be the southwest part of the proPerty ' I guess
I don't see any problem wilh that. I don'L see where that would be
ae=thetically unpleasing one way or the other. Particularly if there's
goilro to be a building going in there in the fuLure that's going to be
c1.,.,.i-ir:; '"hat area anyuay. The other question I had was banners, or
buildir,q banners or anytiring of that nature. Do you intend on using anv of
t.ha. - r,r.r., s".n other oil change or car businesses where they've Put large
!:,uilding streamers. Do vou intend on using anv of that?
L).ndr Nordeen: It depends on what you...Permit. tle do have grand oPening
banners. Open Sunday banners. DePending on the city ordinances '
Farmakes: Do we have ordinances on that? Are there, I know the
on TH 7 over here is Pretty much uP on a semi-Permanent basis '
limit Lo that?
one that's
Is LheYe a
olsen: Right. You can get temporary signs. You're Permitted those for
day3 and 3 times a yeay. A lot of times that's how we allow the special
signs. The banners but Ne wouldn't Permit like the large blow up.
Bob Mikulak: I can explain that Lo vou a litLle bit with Shorewood' The
problem r,rith the shorewood building is it's obviously one we acquired.
ifl"t b"iIding has no frontyard setback and it uras actually a develoPment
put together trith that video update by the previous owner of our company.
rn...'i no signage allowed on our building because Video Update has the
signagc for that so called parceJ.. so what the city code does allow is it
allor^rs the banner on the building so the banner is then on Lhe building as
signage conforms with the City requirements and also doesn'! have the
iignuin on the building ,hich Video Update had toLally so iL's a very Light
c"in"i and tight spot. It was a buiding that was constructed Prior to our
10 -
F Ianni ng
Fcbruary
Commission Heet i ng6, 7991- - Page t7
i nvc lt,ir.',: --t with the company here IocaIIy. 9o that's hott that arrived and
I';, srrre that might answer it for you.
Fa)'mak.eg: The last question I have is, I'm curious !o know why the
r,,3 jority of landscaping is to the east next to, as I understand iL nor.:
would be an additional parking lot for the Hanus building. Is that
correc",? t^Jhat Has the reasoning behind that? ThaL's sort of in the
backyard. It seems to be your i.ntent to keep this building as oPen asposslble. Is that for a retail reason or are you having a problem beinE
v i eu:ed from the highway?
Bob Hil.trlak: J:r ]ooking at the TH 5, at this location, TH 5 is basicallythe only recognition thaL ue wiII get. [.le're obviously noL going Co set it
by somebody driving down a cu]-de-sac on 79Lh. TH 1o1 is going to be
relocated in the future and moved about and so forth so our primary concern
obrrior-:sl;' is to make this venture profitable long term. tle don't ever want
t. ce', in a situation where all of a sudden we have one car coming in and
ue'r,e got it closed. So in order to do that we have to maximize every t,it
thr*- r^r e get, that the site gives us. It comes to your concern about
etre r-'-t-hing. You knor.r you take minute IittLe traffic f lour, doesn't make anycjf f ere rrce. Nell, one little Lhing might not make a difference but you add
them all together and it makes a big difference to a company as to whether
lhey maka a profit or not. Yes, your concern is legit. Did ure locate it
the:-e-i Yes. tle located it there to meet the requirements of the City and
al.so ir meet our requirements to have the development occur and thaL'svisibi I ity to TH 5 so that we're obviously seen. [.,1e have screened
b:s;ial1y the headLights and actually have located the garage doorsparallel r'ith TH 5. or actually they're perpendicuLar. our building's
paraJ. 1;) air.J tried Lo conform with your requirements again but sLiII trying
to r,ia jntain our optimum positioning because you know, just that little biL
nal:e: a bi: difference. You knod you bring up car washes and people
stacking next to us also. Please keep in mind that if you take a 1OCZ of
th: pacple, the quick lube industry only has about zaz of those people
usins them. The other 8Oz sti]I do it theirself. The 2oz tha! we get in
ar" not the people that necessarily urash their car. They're the people
that *ould take their car down the street somewhere else and drive it
t-hrough and wash it. In other words, the income bracket that we gear our
vehicle sludies to would be nol the lor^rer income bu! getting and moving up
that income bracket. So I'm sorry to make it long but yes. That issue of
Iandscaping and aII the others 9o together. It's not just something that
you can take one little thing and say wel.l ,. if we change this one little
thing it won't matter but then you get over here. t^Jel], ule change this
little thing. Pretty soon you make it unprofitable for a comPany to exist
there and function and that's r.rhere we're coming from. So I'm hoping, I'm
trying to explain not only the picture I present but why we do it. You
know ue're not nebr to the business. tle have 3OO facilities around the
country and do it all over. That's jusL what we've found ule have to do to
make it work. To make iL profilable.
Farmakes: To the north of Lhe property, as you said, there'svisual access there at that cu]-de-sac. I guess I would }ike
little bi', more landscapins than what you have there if that's
It seems awfully mj.nimal. That's it.
not a lot ofto see apossible.
Commission Meet i ng(, l99t - Page 18
onl'r' one comment on the preliminary pIat. That's paragraph thatBrian brought up and I agree with him that that is vague. I don,Ld the second sentence .where it says if necessary, other parcels.I don'L know what you're referring to there... Site plan revier,r.ions. t^louLd you be Hilling, Bob right? To work with theding more landscaping? I think.it's preLty minimal.you put in your plan I think that you brere going to beI bushes in certain areas and f noticed on your pictures thatthe bushes provided shade for about 10 rocks mostly.
ihYens:
undFrstan
i,ri ll be. -
A c oup 1e
staff in
I notic€d
pi'ov i d i ng
qu es.t
Provi
t hat
srna I
Tiny
No ne
IittIe bushe=.
Bob Mikulak:
are -
uell obviously they're all brand new.of the faci Iitie:.
Ahrens: Uell I know but it could be years for them to get you know thisbig even. tJould you be willing to work with sLaff to maybe increase the
anount of l andscapi ng?
"'-i k.rlal:gtu ess
yes
give,
I can
pr esent
i ncr ease
where andit but to
Iir then
what
f can anshrer that -extent anC to where
Do
:Lla:_
LJel I nrayL,e -'I o Ann, do you have suggestions?
Ol sen, Yeelr - t"l e could, you know in speaking with them uJe've requested
sorae adciitional evergreen trees and other trees rather than more emphasisor, the shrr:b,bery and along the berm in the front and even some along thebuilding. I talked to them about that on the north side of the building
r.,hr,r. ii'= totally bare.
Ahrens: f don't think it would have any impact on profitabilit.y to provide
more screenjng and some more landscaping around there. I'd like to seethst a! l+ast. I have a question. tjhy aren't we requiring the type ofroof thaL we require,C on the emission control buildins on Lhis roof?
Olsen: ft Has discussed.
Krause: A couple of reasons. First of aIl, the emission control building
was t-h'j firsl one we broughL through that way and quite honestly we weresort of r":aiting to see what the City Council did. City Council ultimately -"i
recornmende,j in accordance with your wishes and there is a mansard roof onthat buildins nour. In fact they submitted building plans for it and weLhink iL looks a lot better. But this site is a little bit different inthat unlike the other one where ue had a McDona]d's roof line that was i
mansard. t^le had the residential area behind it, In this case we have th:
Hanus building which is flat roofed. tle have the Amoco station which js
f .Lat roof ed - tle have the car wash which is f Iat roof ed . I guess bJ€ w€re 6 1-Little bit hesitant to forcefully push the issue on this one because the
neighborhocd wasn't as clear to us and I know we've spoken to you and to
some of the City Council people about this that we really need to sit downa:J lay out the city and design goals for it so that Ne can clarifyordiran:es and get. our act together a little more, I should also say that
we brought this up a number of times in meetings and uere basically toldthat it's a cleal killer on this one. That this is their building and thisis r,,J ha t you have.
Planning
February
Commission l'1eet i ng6, 7997 - Page 19
Ahrens: I guess I'm just a little confused because I think we Presented to
the emission control people that Lhis was Lhe netl vieu ' aPPearance of
Chanhassen " We're aII going to look like this and this is what bre Nere
going to be requiring and aII of a sudden, you know this is a PreLty
visible buiLding when you're driving into Chanhassen' I think mavbe it
r^rouldn't look so bad, I don't know.
Krauss: tlel], in aII honesty, we would still prefer something done to the
roof Iine. This building also though has that barrel feature that breaks
up the side of the buildins a little bit. It's not, I mean Lhe emission
control building uras just, r mean it was a box. There uas no detailing on
it whatsoever. Arguably a red barrel is part of a sign Package and not
sign detail. I don't knor^,, this was a tough one for us and I don't knour if
we made the right choice or not but quite honestly I was curious to see
your reaction to it. t^le need more direction in this area. tle would Iike
to be more consistent. t^le'd like to consistentlv raise the standards of
our expectations but right nou, we're doing it on something of a subjective,
catch as catch can basis and we're a IittIe uncomfortable with that.
I don't know if thaL clarifies iL at aII. It sounds Iike we're waffling a
litt-Ie bit but Lhere you have it.
Ahrens: I guess I don't understand Lhe sLandards there and I think, I
would like to see a mansard roof simply because the other buildings around
there are fIaL roofed and I'd hate to see, it Iooks like just a one stop
auto service corner as you drive into Chanhassen with the flat roofs and
auto parLs store and the gas stalion and the car uash and the quick oiI
change- I'd like to see something that looks a little different. i tninl,
I don't know. I think it's going to look, noL that I have anything asainst
your building but I don't like the apPearance as the main entrance inLo
Cha nhasse n .
Emm i ngs :
Ahrens:
Emmi ngs:
Ahrens:
Are you done?
I could go on.
No, 90 ahead.
No.
Krauss: Yeah, ancl that's why we ProPosed this. tlle would have pref erred to
have the whote thing platted and Lhat b,as our initial position on this
throushout. Mr. Johnson convinced us or maintained that that's just not a
possibility because of the multiple otlnershiPs so tlhat t^le came up with is
kind of the same thins through another means. The instant these outlots
are created, our city Attorney's going to control the process. NoLhing
comes out the door, I mean those outlots will cease to exist as soon as
they're created because at the same instance they'II be merged to Lhe other
Lots.
Emmings: I've goL a Iittte discomfort with saying that our subdivision
ordinance doesn't allow the creation of remnant Pieces and then creating
two of them. I've heard the explanation and so forth but it still bothers
me and are you comfortable that Lhere's no chance we're going to wind up
with two pieces here? Two little outlots that can't be hooked uP to
something e Ise?
Planning
February
Commission Meet i ng6, 799L - Page 20
Emmings: Okay. I'll rely on you for Lhat.
wrecked vehicles? This is obviously off theIt says the area located between 79th Street
become a dumping ground for wrecked vehicLes,that?
This dumping ground forpoint but sure caughL my eye.
and the railway tracks has
and what's being done about
Kraussr tlerl frankrv it's a Iitt1e bit frustrating. you knob,, we,re no!sure exactly who's doing it at this point. t"le've been working urith grad torennovate the whole property and we think we've got the ultimate sorutionr^rhich is our buving the propertv - t,te'rr berm it. t^le'LI Iandscape it inthis package of improvements and as city right-of-way nobody wilI beparking on it but in the past, Lhe Hanus operation has parked junkedvehicles, working vehicles, employees vehicles and everything else andright now there seems to be vehicles that are being brought by wrecker ontothe propertv Lhere" one of the things that Jo Ann and r wourd 1ike to addas a condition here too under the plat is we're somewhat concerned with thefuture use of the outlot adjacent to the car uash. The Hanus facility toofor that matter. t^le want to make sure that there's a rider uJritten intothe p'lat that says that under no circumstances will these outlols be usedor these parcels be used for Lhe storage of, the exterior storage ofwrecked or junked vehicles. !^le're just concerned that wherever there seemsto be a nook and cranny over there, somebody seems to find something to
dump on it and we'd like to head that off if possible. Now Mr. Johnson isworking with us and does, upon acquisition of the Hanus building, does planto rennovate that parking area in front of the building and hopefully wecan get him to work behind Lhe building and we'II ourn some of that so a lotof wheels are turning that if it al.I falls into place. we'll have most ofthe pr oblem licked.
orsen: [,Je can work out some wording m sure because thaL ties inLo number3 too, tJe have to come up with the description for Lhose.
Emmings: 5o the condition would say that, something Iike the city Attorneyr.ri]I be clirected to come up with some language that wiII prevent theseoutlots from being used for storage of vehicles or anything else after theymerge with the other properties.
Krauss: Unless subject to a p).an approved by the City, yeah.
Brad Johnson; Maybe I can clarify that car parking thing. previously,prior to the Amoco store change, remember where Lhose cars were parked?
Emm i ngs : tJhere?
Brad Johnson: Behind the gas staLion. tlhen Amoco changed that, thereno place to park them, whoever parks them there. So now when there,s a
was
Emmings: Okay, if we put a condilion on this subdivision regarding thoseoutlots and if they go out of existence, are we doing anything?
Krauss: f'm not certain- I'd ]ike to ask our City Attorney Lo clarifythat if possible, or you can clarify that for us. Do the conditions, you
know my question to Roger is, and we just though! of this one. Do theconditions atLached to that outlot carry forward when it's merged r,rith theother parcels? I don't know if they do. I hope so but I don,t know.
Planning
Febr uar y
Commission Meet i ng6, 7997 - Page 2L
wreck on TH 5 or TH 1O1 , the onLy place in the city that anybody can park a
car temporarily now, it turns out, not that they're suppose to but that's
r^rhere they end up, is over on that parking area. tle would like to
Iandscape and eliminale that. If you go by there at night on your h,av
back, by the dark of night somebody was parking cars there. l"lost of those
accidents happen in the evening and it is an enforcement problem. It's
been going on there nor^, as long as I've lived at someplace. hlhat we have
is we have a urecker service in town uith no easy place to Park stuff on a
temporary basis. tle wouLd propose.. -property way in the back there could
be someplace to do that because there's no Place in toun to do it.
Emmings: Thanks. As far as the preliminary plat is concerned, I don't
have anything else. f agree with Brian's changes to number l and adding
the 7th condition here. on lhe site plan review, item number 3. I agree
that the landscap.ing needs to be more and everything is so low except of
course where they Nant to hide the vehicles that are waiting. They put the
one pine tree's in a position so it screens the cars that are r.raiting from
TH 5 and I understand the rationale for thaL, and I don't have any problem
with it but I don't knou, why there couldn't be something taller on thisproperty. Certainly on that grassy area just north of the building there
could be a couple of map.Ie trees or something over there that would
probabl y nrake the site look a lot beLter. And I agree with Jeff's remarks
that maybe something more along the northern edge there. That's wide oPen
too. But at a minimum I uould Lhink you'd want to add those along with the
additional landscaping you already talked about. I think we should add a
condition to the site plan review that there wilL be no outside storage.
No outdoor storage. I wondered, I'd like Lo ask the applicants, tdhat is
the maximum number of employees on site at any one time?
Bob Mikulak; Generally what happens is you have a manager ulho will open
the store so you wi]l have a manager Per se or assistant manager on the
presence of the property. Anywhere from 1to 3 technicians with him
working. on Saturday you'lI probably have Lhe 3. On Hondavs you'II
probablr have the store manager himself oPening the facility so again
slower times obviously we'd have less PeoPIe there. Busy Limes we'd have
mor e -
Emmings: So at mosL you've got 4 vehicles parking on the site that belong
to employees?
Bob Mikulak: At very ultimate busiest times. Generall), you would only
have 1 person in the lourer level working and then the 1or the 2 up above.
Emmings: You've got a total of 5 parking Places here.
that people who are using the facility need to Park and
anything? You just don't need it?
Are there r easo ns
come in for
Bob Mikulak: If they want to come and talk to us abouL something,
obviously f guess they can come and talk to us. t^le basically don't have
Lhat need. It's a drive up service and that's really what thev're there
for is to get in and out so they urould be driving uP rather than Parking-
Most people are encouraged not to get out of their vehicles. Just to drive
thru.
Planning C
February 6
ommission
, t997 -
Meet i ng
Page 22
Emmings; Okay. As far as somebody using it for the first time. How doesa person knou what your services cost? Or even what services you offer?
mean is there any information outside the building that telLs them that?
I
Bob Mikulak: It Hould be from the standpoint of you pulling up by Lhebuilding and someone will come out from the facility and greet you. Theywill ask you if iL's your first time to Rapid OiI as part of their initialquestions. If that is a yes, then they wiIJ. go through the otherinformation. Actual procedure. Lyndy could probably run down it becausehe does it all the time. There is no signage outside. Nhen you get insidethe building, there is a menu board if you wish to call iL that and it isexplained to them once they are pul}ed up to the building by someone inperson.
Emmings: Okay. There's no pricing information outside? Okay. I don,t
have anything eLse.
Conrad: I have a quick question.
Emmi ngs: . Okay .
Conrad: tJhere did He move the dumpster?
Bob Mikulak: Back, which b,ould be, can you see that?
Conrad: Yeah.
Bob Mikulak:
setbac k . . .
It hlas right here which would conflict wilh be.ing on the
conrad: Nhy is it separate from the building? That sort of bothers me.
t^le don'L have an ordinance- tle just have a setback ordinance for trash?I don't like that. It should be adjacent to lhe building.
O.Lsen : The trash enc Iosure ,height so that would stil] be
whaL you were saying was going to be I feet in
Bob Mikulak: I'll teII you one thing...based upon experience. Again,nothing against having it close but if we urere to take and locate Lhisadjacent to the buildins, it may work in office buildings or somethins butif you were the guy pulling up to get the trash, how would you get it outthere in big semis? That's the problem. That's why attention...in thatcase they pull in here, back into the parking spaces and leave. If it werelocated on the building or something, he,d have a heck of a time not onlydisturb what's on site happening, the other vehicles, cars and so forth andthe people which makes it very difficult for him to get it and next thingwe know ue've got the corn6r of it down because the guy can't get to it.It is totally enc.Losed. It has a slide up or garage door on it. A.,.roofon it so iL's pretty c.Lean.
Conrad: I'm sure it is. I don't Iikethat it's not adjacent, You know thereI think the standards are what I wouldany, He don't have any-
it thoush. I don't ]ike the factaren't very many exceptions. treII,
have to apply and if we don't have
Planning
February
Commission Meet i ng6, 799L - Page 23
Olsen: That's where we can add landscaping.
Farmakes: If you go with a c)ockwise f lor.r of traffic, isn't the garbage
pickup then going to be going against the grain of traffic?
Bob Mikulak: The car tha!'s coming out, that car that comes out comes out
like I say, approximately 1 every 15 minutes. So if that would be the
case, an average of 15 minutes. So a car pulling out, if a truck pulls in
at the same time, obviously they're going to be there. Small Possibilitv.I can't say it doesn't exist but I can't say thaL it would be any better
Lhe other direction either because then you've got a garbage truck t^thich is
backing up into traffic. You know, is lhere a perfect wav to do it? I
wish there Here...but there really isn't a Perfect uay and every sight has
a cloud on it . t",le just try to deal the best with those thaL we can. Trash
unfortunately is one of those necessary eviIs.
Conrad: t^lhat's between the parking
or is that concrete? What is that?
area and lhe building? Is that grass
Emm i ngs: It's
Conrad: Is it
Emm i ngs: I
Conrad: Is it
9r ass .
gr ass?
assum i ng .
green grass?
If we
str eet
tha! someLhing we should
That's why we're tvi ng
m
Bob Mi kulak: Grass, yes.
Emmings: As far as the traffic Pattern goes ' I guess I agree lhat
knor^r that the traffic, Lhe volume of traffic doesn't seem enough to
to reverse iL if it's something they reallv don't want. I think I'
inclined to Ieave it the wav they want it. The other question that
here is getti ng rid of their, waLer from thei.r site- I don't quite
understand how we coordinate. There's no sewer now on 79th Street
far as hraste water from lhat site, until there is sewer, wiII those
be done concurrent Iv?
I don 't
bot herdbeI had
SO AS
Lhi ngs
ju st
uhereKrauss: That's the goal , Yes.flow off the site and dourn Lhe
ultimately a catch basin.
don't, Nhat
and go i nto
happens is it wiII
Great PIains Blvd.
Emmi ngs: fs be concerned about?
together this whole thins with theKrauss:
HRA .
Emmings; tjell, it wil] be interesting to see if it happens.
Batzli; I'd Iike to make a motion that the Planning commission recommend
approval of subdivision Request *91*1 for Gateway First Addition, 3 foot
variance to the lot depth requirement, plat shoun as January 15, 1991 with
the following conditions. In condition 1, the first sentence would be
amended to read, Outlots A and B shall be merged into Lhe ProPertv titles
of the adjoining parcels and that such outlots shall be combined with such
Planning
February
Commission l',leet i n9
6, 7991 - Page 24
tlell you guys should Lake a very close look at Lhat to make surewhat you ulant it to say.
his
i ntent
adjoining parcels into single tax parcels concurrent h,ith recording thefinal plat. Condition 3 would be deleted and it would read, applicantssha)l agree that all increment generated from Block 1, Lot 1, (and
appurLances ) shalI be used to offset the cost of public improvemenLs prior
to final plat approval . Further, Lotus Realty shall agree prior to finalplat approval that aII increment generated from Outlots A and B, the tr.roIots behind the Hanus building, the properLy on which the Hanus building is -IocaLed (if purchased by Lotus Realty), and the Brown property to the west(to the extent controlled by Lotus Realty) shall, be used to offset the costof public improvemenLs to tlest 79th Street. And then a net^r condition 7which would read, appropriate ).anguage shall be recorded against OuLlots A -
and B to prohibit storage of automobiles and other refuse, except uponappropriate cily review and permit process.
Emmings: Does anyone
3 to find out what it
dare second that without Roger reading his new number
mea ns?
Batzl i :
it says
Krauss: t^Je wilI Lre forwarding this to Roger next week and gettingadvice before it goes to Council. l^le're very comfortable with theof the reuording.
Emmi ngs :
think ii:
Yeah, I think that's
sounds better but , is more specific than what's here and fa second?
You
a lot
there
Batzli: t:eII I don't know if it does what everybody wants it to do.guys need to Iook at that very closely as well as the applicants.
Emmings: It's been moved and seconded. Is there any discussion?
Batzri moved, Ahrens seconded that the pranning commission recommendapproval of subdivision Request *91-1 for cater.|ay First Addition with a 3foot variance to the lot depth requirement, on the plat shoun as January15, 1991 with the following conditions:
Emmings: Is there a second?
Ahrens: Second.
2
1. Outlots A and B shall be merged into the property titles of theadjoinins parcels and that such outrots sharl be combined nith suchadjoining parcels into single tax parcels concurrent with recordingfinal plat. The applicant is responsible for providing the CityAttorney with all documentaLion and agreemenLs required to completetransaction.
the -
the
3
Five foot drainage and utilitv easemenLs shall be provided along theeasterly lot line of OuLIot A and the westerly lot Iine of Outlot B.
Applicants shall agree that all increnent generated from Block 1, Lot1, (and appurtenances) shall be used to offset the cost of publicinprovements prior to final plat approval- Further, Lotus healty sharragree prior to final plat approval that arl increment generated from
Planning
February
Commission Meeti ngO, 1997 - Page 25
Outlots A and B, the two Lots behind the Hanus building, the property
on which the Hanus building is located (if purchased by Lotus Realty),
and the Broh,n property to the west (to the extent controlled by Lotus
Realty ) shall be used to offset the cost of public improvements to l.lest
79th Street -
Cash in lieu of
bui lding permi t
parkland dedication shall be required at the time of
ISSUanCe.
4
The sale of the
contai ning 79thplat approval .
two }ots behind the Hanus Building and of the
Street !o the HRA shall be concluded prior to
par ce Ifinal
6 The applicant shall enter into an agreement u,ith the City HRA t^thich
wiIl ensure the timely construction of improvements to tlest 79th
Street.
7 Appropriate language shall be recorded against Outlots A
prohibit storage of automobiles and other refuse, excePt
appropriate city revieu and Permit Process.
and B to
uPon
All voted in favor and the motion carried unanimously-
Conracl : f make a motion Lhat the Planning Commission recommends apProval
of site plan Revieu, Request *9L-2 for Lhe Valvoline Instant oil change
facilit_y as shown on the plan dated January 15, 1991 with the following
conditions ancl the conditions are as presented in the staff report excePt
for condition number 2. In condition number '2, what I'd like to reword
there. Instead of reverse the traffic circul.ation, I would Iike to have
the applicarrt present to the city council revisions to the plan guicli ng
internal traffic including signage, curb cuts, conter islands, stripes, so
that we're convinced that the internal traffic is handLed. I don't believe
the site is designed urell for what they're talking about and if we grant
them the circulaLion that they'd like, I need a better internal traffic
circulation than what I see. rn terms of condition 3, I would Iike to have
iiaff significantly. r would Iike to have staff review with the applicant
both the Landscaping on the north and Lhe souLh side. I think on the north
side we,re extremely lacking in any kind of PleasanL enLry from what r can
see an,c then on the south side we're talking about TH 5 and I guess I'd
just like to have staff review that one more Lime and make sure that the
iity or Chanhassen is comfortable *ith the landscaping. That is sort of
our entrance to the community. AII other conditions I agree with and ue
add condition number 10 that there be no outside storage '
BatzIi: Second.
Emm i ngs: Any
EI Ison: What
Ahrens: Yeah "
ba nd'aagon .
discussion?
do you guys want to do about that roof?
r h,as iust going to bring thaL up. Nobodv hopped on that
Ellson: I Iiked the idea.
Planning
February
Commission Heet i ng
6, 799f - Page 26
tJe don't have any architecturaldo, I'm real uncomfortable about
review it with City Council.
Conr ad :
until we
Unti I we
sta ndar ds
jump i ng
it's just
designi ng
and
i nto
Ahrens:
building
Yeah, bul we already recommended that the emission control
have it.
Conrad: You did. I didn't.
Farmakes; I did but my reasoning behind that u,as it ulas adjacent to singlefamily residences and this is no!.
Ahrens:a decision made based on any requirements.
Emmings: No, but at Ieast it has a rationale and I guess that was myrationale for going along with that too. Here we Iook at an tsmissioncontrol station from TH 5, you're Iooking against a single family residenceand those peopre also are looking out at it and they were here complainingabout f lat- roofs and so forth. In this area, ble don,t have those sameconcli+-ions " rt does seem different. Not a lot different but iL does seemdifferent.. I think it's tough to impose it on this one. plus, I,m notsure that you can put a mansard roof on this building the way it,sdesigned. r don't think that the emission station had much of a stake inhaving all of their units look the same. They said they did but r didn'tbuv it- At- Ieast thev said thev did to the city councir, r heard them sa7that but r didn't buv it. This business r think is a ]ittte different.And having their red barrel and everything up there; that kind ofidentification I think is differenL.
ElIson; t^JeII you can have the barrel and a mansard roof.
Emmings: f'm not sure you could.
Conrad: It'd be real tough, The point Joanwhat ure're, we have to have standards.
is we should really look at
Ahrens: I think that h,e should then have standards.
Conrad: Li ke real pronto .
Ahrens: Yeah , right at^ray .
ElIson: You're taLking about thewant the nicest looking buildings entrance and everything, I,d think you,dyou could have.
Ahrens: I do too.
mak
re
ors
es: One of the situations of making a car area in a ciLy though forpair, car servicing is that habitually you,re going to get brightbecause that's the way that corporately they advertise - Tha!'s whyaid they're seen from the highway that way and primarily you,re goingsurrounded by other buildings of the same a]ike. They,re not going -
architecturar wonders. rt's unfortunate that it is at the entrancecity from that side.
be
be
the
car
col
it'
to
to
of
reaLly,
thi ngs ,
F'Lanni n?
Febr uar y
Commissicn Meet i ns
6, 799f - Page 27
Erhart-: But keep in mind, those cities who create architectural standards,
you can get anybody to comply with them including HcDonald's and everybody.
If you travel around, you can see those cities who have got together and
agreed and put it down on paper and PeoPIe will follow it. Lle have no
standards here and I don't lhink you can do it Piecemeal. It's not fair
because it won'L be consistent. I agree with whoever stated that we ought
to get together uJith the City. If they voted unanimous on that roof on the
inspection station, that tells me that the Citv, somebodv, the citv leaders
here want an architectural standard and it's higi time to do it so- I
think that's the first steP.
Ahrens: NeII if we can't get it on this buildins' I
the standards together real quick so we don't have to
deve l opments .
think we
aPProve
should set
furLher
Emmi ngs: Any more discussion?
Conrad moved,
approval of S
facility as s
condition3:
Batzli seconded that the Planning Commission recommend
ite PIan Review Request *9!-2 foY Valvol'ine Instant OiI Change
hown on the plan dated Januarv 15, 1991 with the follot'ring
1 tralrratit,rr of the trash recePtacle and enclosure to where it meets the
reqrrired ietbac k .
The applicant shal.l present to the
guiding internal traffic including
stripes, etc - -
city Council revisions to the PIan
signage, curb cuts, center islands,
A]I deciduous trees to meet a 21/2 inch ca.Liper and coniferous tre€s
mu:t l-; a rninirnunr of 6 feet in height at time of planting. The
financjal guarantees for Iandscaping imProvements shalI be required at
tim" of building permit issuance. The applicant shall meet with staff
for their approval regarding Iandscaping on the north and south side of
the site -
The applicant shalI be PermitLed one pylon sign not to exceed 54 square
feet in area and 20 feet in height, not more than 4 directional signs
nct to exceed 4 square feet in area and 5 feet in height, and one wall
sign not to exceed L5Z of the waII area. Any Iettering or symbols on
the backlit barrel will be considered wall signage -
1
elI roof top equiPment shall be screened - Screening shall be
by elevated parapeLs or by screens constructed urith materials
compatible with the building. ExLerior wood slat fences are
acceptabLe -
provided
not
6 The applican! shall provide existing off site contours for all areas
within 1oo feet of the ProPertv line including 79th Street ' The
applicant shall also coordinale Lhe boundary site grades with 79th
street in order to esLablish a compatible grade match.
The applicant shall coordinate and provide detailed informalion of the
storm sewer connection Lo the proposed storm seuer along 79th Street.
Refinement of the site drainage scheme ulill need to be performed,
Pianning
February
Commission Heet i n9(', 1991 - Page 28
9
Farticularly near the driveway access to ensure that the flow isdirected tor.rards Lhe private catch basin. Runoff calcul.ations prepared
by a professional engineer and a contributing drainage area map isrequired.
Existing sewer elevations and service elevation connections arerequired.
The applicant shall be required
apron at the dr iveway entrance.
to install a city standard concrete
10- There shall be no outside storage-
AII voted in favor and the motion carried unanimously.
Bra.J Johnson: rf I could add one thi ng , r . . .standards architectural Iy . ralso believe that standards architecturally. . .public hearings withdevelopers there and olher users because you can basically really impactf inar,ciallv those people that own property...have to have a lot of input asto urhat's possible and what's not possible. Mansard roofs aren't the onlyanshJer. there's the bank building over here that doesn't have a mansardroof.
Emminge: tlell and you don't u,ant everything withyou get- some variability if you've got standardsare problems.
a mansard roof andthat say one thi ng?
how do
T hose
Brad Johnson :
wa've gcl to
tour n anJ knowit, they know
My corrcern i.s I believe that everything shouLd look good butbe careful ... If they come into town and they buy land inthere's a standard, they'II check all that. If you've gotit...so, but thanks a lot on your help.
.1S
N ORDINA NDNENT 20-57
CONTRACTOR'S YARDS AS AN INTERI M USE.
Emmings: r'm not going to ask for a staff report on this because thisvery short and I'm sure everybody,s read it. It's a public hearing.there anybody here from the public who wants to comment on this?
Batzli moved' Erlson seconded to close the public hearing. Alr votedfavor and the motion carried. The public hearing was closed-
Ahrens: I don't, have any comments.
Farmakes: I have no commenls on this as weII.
BatzLi: I'm in favor of it.
E.L lsorr ; Nothi n9 ,
Conrad: No .
Er hart : Amen.
I
tn
Planning
Febr uar y
Commission Meet i ng
6,, 1e91 - ?age ?9
Errrjr--gs: f 've got a question. I think it's a good thing but I'm curious
aboul- mobile homes. On the bac-k side it says, under Section 20-576,
Inter-im Lise and it says mobile homes are okav interim use in Lhe A-2. T'm
wondering if the same rationale that we're using here wouldn't applv to
mobile homes. If we're worried about contractor's yards within the new
area r^iiLhi n the MUSA, would we Nant mobile homes in there eiLher?
Krauss: f'm not certain what the derivation of that is but I know
have at least one farm, operating farm in the c.i.Ly where there's a
home on the property for farm heLp and it may have stemmed back to
allowing those operations to continue. Conceiveably it allows the
placement of a new mobile home on an interim basis. f don't know
r.ihere that would lead us.
that we
mob i Ie
be
exact l. i
Emmi ngs: t^leII okay, that's of f the
I r,:as kind cf surprised to see that
a mot i on on t.his?
Erhart moved, Ellson seconded
contractor 's yards be deleted
uses in the A2 District- AII
unanimously.
subject anyway but i! seemed to nne that
down there. Does someone want to make
that the Planning Commission recommend that
from Section 20-576( 3 ) regulating interim
voted in favor and the motion carried
(sriar: Batzli left the meeting aL this Point and Nas not Present to voEe on
any further items. )
ZONING ORDINANCE AHENDMENT TO AHEND SECTION 2O-4I . BY ADDING LANGUAGE
STATING THAT AMENDI-IENTS SHALL NOT BE ADOPTED THAT ARE I NCONSISTENT I.JITH THE
H NSIVE PLAN
Emminss: Again, I think this
staff reporL. This also is a
r^lants I,o c6mrnen! on this?
is verypublic straigh!
hear i ng .
forward.Is there
I won't ask
anybody her e
for athat
Conrad: Yeah, I don't
Comprehensive Plan is
what tre're going to do
that h,e're going to 9o
we Here going to go,
Emm i ngs: Discussion anybody?
undersLand. t^ihat are hre trying to do? The
guideline that tells us where we're going so
is once we decided that Ne're not going that
back and put it in the plan that said lhat's
now
waY ,
t he uJay
Krauss: t^le I I , sort of , yes ,
conrad; So r^Jhat's the Point?
Conrad moved, EIIson seconded to close the public hearing. AII voted in
favor and the motion carried. The public hearing was closed-
Krauss: tJe have spenL, you spent quite a bit more time than f have but a
number of years in developing a new comPrehensive PIan. The intent of the
comprehensive plan, or the land use Portion of the comPrehensive PIan is
that it's a guide for future land use decisions. The theory is that vou
should, if you're going to make land use decisions that are contrary to the
IenC use plan, before you do thaL you ought to go back in and examine the
Planning
February
Conrmission Meeting
6, 1997 - Page 30
I and u s--
Conrad:
Krauss:
Ellson:
:1an and
So okay,
if it warrants changing, you shoul.C do
sc) change the. comp plan before we allow
And that that shoul.d be examined in the
a check and balance.
bir.
ir.
Uh huh.
the zoni ng?
context.
It's 1i ke
A IittIe
ElIson: It's like you know that you're going against u,hat you planned a
f eu: years ago and maybe reLhink it I suppose.
Krauss: It doesn't say you can't do it. It's just that you have to
re-examine the motivations on what the plan said and if it does Barrant
changi ng, go ahead.
Emmings: You krrou what struck me is a good reason to do this is that inthere we've gol our goals and policies and it lets us, when we're lookingat 6 specific plan, reach back to those and say, sometimes maybe this isn'tconsistent r^rith our goals and give us something to, a touch stone to go
L,ack to on scrme of these t.hings that sometimes don't feel quite right but
we don't have a specific standard that addresses iL. tJe can go back to the
more general principles.
Conrad: Yeah, that's the benefi!. You 90 back and look at a broaderpictLrre rethcr than just an isolated example. That's why I would feelcomfortable with it. Yet on the other hand, there's noLhing magic r^,ith the
boun,Jar ies on the comprehensive plan. You know they're best guess right
now looking 10-20 years out. Things are going to change so, and my guess
i= that the things that changes, are things that Ne just haven't examined
anC thcir a.J;acencies. They're right at that line and why didn't tre followthe curvature over here versus following it there so what we're going to dois, so the negative is going back and doing a lot of busy work, paperurork,
screwing around with the comp plan to absolutely accomplish nothing.
Krauss: t^lell I guess I would disagree. I mean I've r.ror ked under that kindof context for many years and basically uhat you do is if somebody opposesa rezoni.ng that's inconsistent with the Comprehensive Plan at the same timeyou're considering thaL rezoning, you consider revising -the ComprehensivePlan. It's not another step but it does make you step back and examine
Nhat the motivations t,rere, t^lhy the Comprehensive Plan raas developed the
way .it was and justify changing iL. For example, I know in a communityuhere I've worked where there was an issue that the City wanted verystrongly set a goal for itself to preserve non-single family residentialsites. That they wanted to promote a mix of housing and at one point
during the economic cycle there was a lot of desire to change al.l of it tosingle family and we were asked to change the zoning from multi-family,which this property had, down to single family. tJeLl we u,ent back in and
we examined the issues in the comprehensive plan and ue said, you know you
set this goal in the comprehensive plan, you can do this if you want Lo butyou're not going to achieve the goal of mixed housing if you do that. Andthe City in that case decided that they would keep the comprehensive plan
and not go with the rezoning. Nobody's saying that you can't change the
comprehensive plan as warranted and the Land Planning Act provides
Plannin3
February
Commission Meet i ngo, 7997 - Page 31
Conrad: So what's the process
Just really ouLline it briefly
of
Krauss; There's an application that u,e file concurrently with the other
requests where we LJouId ask the applicant to make a case for why the Cit;'shorrld. And then wha! we woul^d do as staff is we would evaluate Nhat's in
the comprehensive plan. Hhy it's there and Hhy this is or is not a bette.r
idea.
mechani s:n f cr dai ng that . tle've done it here already.
changing the comprehensive plan Paul?
on
go
EIlson:
Council
back.
on. other benefit I thought was you could have new people
and new people on the Planning Commission and it helps them
Krauss: Yeah, Jo Ann just pointed out something too. tlhen you adoFt
comprehensive plan, if r,ue get the Metro Council to buy into it, you're
allowed !o then rezone something comPletely different -ihan what was in
com;rehe'nisve plan. You just can't decide that this single family
subdivision should be 3oo acres of residential . That is under law a
comprehensive plan amendment Lhat the Metro Council has authority to
review.
a
the
plan up to
way we
Conlad: So a zoning lhat overrides the comprehensive PIan has to 90 to Het
LOUNC I I
'
Krau
LXtSquit
you
PIan
59:tinec
l'1o. An existing zoning, and we'II have a few cases Iike this.,l zoning that's contrary to the comPrehensive PIan, the Iaw says
learly that the zoning takes Precedent. Bu! wherr somebodv is asking
cl-range zoning Lo a manner that's inconsistent with the comprehensive
()u've got to change the plan first.t0
Emnrings: It kind of has an effecL of keeping your comPrehensive
date !^iith what you're doing as well instead of starting over the
did. At least to some extent.
El].son: Make you feel any better?
conrad: tlelI I just don't
definite pro side to doing
something that.
want us doing
this. I iust
something that there's a verY
want to make sure we're not doing
Erhart: You sav there's no law that says you can't rezone something to
something that's different Lhan in your Comp PIan?
Krauss: tlell it's been a while since I've read the MetroPolitan Land
planning AcL but you cannot make significant changes in the PIan unless
lhey're approved by the HeLro Council. Thaf's the mechanism, the
adrninietralive mechanism b,e oPerate under. So if we ignored, totally
ignored our comprehenisve plan. t,,ent through a massive rezoning that's a
significant change in our comprehensive plan and didn't give the l1etro
Council and other communities a chance to interact, we would be breaching
our reponsibilities in the Iaul . Now what haPPens then, I don't know
because J,r,e never tried that but it just doesn't seem like it's good
policy even though it's also against the law.
PIanni ng
Febr uar y
Commission Heet i nge', 7991 - Pase 32
Conr6d: So you're telling me PauI that every time we change a zoning,
r ight nor.r inost of iL's agricultural . So if ure don't zone it the way our
comprehenisve plan has indicated to Het Council, we have to submit an
amendment to the Met Council? Over what barrier or boundary or whaLgui.deline?
Krauss: t^,ell they have minor and major plan amendments and they havedefinitions for each and I don't recall exactly what they are. There's an
acreage break and a lot of these things the Hetro Council doesn't care andthey teII you right away. They give you a letter back saying fine anddandy. Go do it. Minor amendments. If you have an area that's zoned orthat's guiCeC residential and you decide that a corner should accommodate a7-17, you 'd L,e obligated to tell the Metro Council about that as a minorplan amendment but they're not going to comment on it. They send you bacl:a letter saxing we revieured it, It has no regional significance and as faras r.i?'re concerned, you can go do iL.
ConraC: !.:, )'ou're basically telling us to do something that,s required by1a.; an1,l.:ay?
Kraus:{: Yeah, it is but I think it aLso gives credibility to the plan. Ithinl: t-het we're in a better position. The plan has more credibiliLy inth. e),es c,f people, you know a developer comes into town looking at thezoning ordinance and no where does the zoning ordinance recognize the factthat wr. have a comprehensive plan. And it really needs to. I mean ure,vechanged scme of the definitions of districts so that the district is ti.edinto what the comprehensive plan definitions are. For example, when weLrrote the R-15 district last vear, it savs that Lhis district is to beutilized only in areas that are guided for hig,h density residential use inthe comprehensive plan. ...Iinkage there and tying it together the wayue're proposirrg, I don't think is inconsistent with the way we,ve handledthin.,;; in the pae t anJ I Lhink it gives more credibility.
Emmings: Any other discussion? Let's see. This is a public hearing.
El Ison: t^Je closed it .
Emmingsr Okay, if there's not any more discussion, is there a motion?
EIlson: Yeah, r'Il move the planning commission approve amendments tosection 20-41 pertaining to consistency with the comprehensive plan.
Emmings: Is there a second?
Erhart: Second.
Emmings: Any discussion?
Conrad: Yeah, let me just bring up one other point.
Emmi ngs : Boy you 're a Lroublema ker .
Conrad: I just want to make sure we,reaway the City's flexibility and puts it realJ.y
in MeL
on on this one.Council's,It ta kes
PIannin3
Februa:-y
C,rmmission t'leeting/.,, f?91 * Page 33
T"'1 41 .
Emm i ngs ;
t rhsr-::
:llron:
Emrn i ng: :
i+ , ^-
f r hart :
Emm i ngs :
Erha'l:
L r ha r t :
(-') I :. ;i :
l'loN
If I
N.- That was done in 1971 .
let's jusl take a second.
)-emember that right, that intersection of TH 7 arrd
zoned residential.Up
was
at the
always
No.
Someone came in -
It uias IOP. l"Jasn't it of f ice?
It wasn't always, It Hent from, no Iyou uere here, it Nas office,
It was office on the corner. " .
Okay, alright and then we changed. tJe
The neiqhbors wanted it residential.
ih". neiE,hbcrs, that's righL. Now is that
think when f came
went from office.
a zoni ng change?
on her r
El I:o r
Th{:re L.Js s a
Did ue n::'e
rezoning.
a comP Plan c ha nge?
l.lo, t-he underlying comP Plan. . "was f or commercial .
Coriril: t.lo, t.Lhat T'm saying is, we have, the Ci!y has the ability to zone
somethin.3 the r.ray iL ujants and let's say we, let's iust Lake an exarnple cf
a high density dislrict and then somebody comes in and says I want it to be
" qrulit.v I oi,.r density district and u,e as a city think that that's great '
Now based on thjs, now maybe Ne're forced to, if we're forced to send this
Lo the Het council anyway, and I don'L know what the Parameters are. You
knornr l can't believe we've sent everything over to Met CounciL for
aF,pi-ovaIs but again, based on those threshholds, ue're taking away our
ability to make small changes Nithout their aPProval '
Emmings; tJel1, but let's ask. In that example, what if Met Council said
no- tje,re not going to let you have }ow density in this area you guided
f o:- high density? Is that it? tJe have no, then our hands are tied?
Kraussi you know I had a question for the attorney and I haven't gotten
Lhe answer back yet - trhat the aPPeals procedure is because I had the same
question of a bigger scale for you know, where we're a.L] hoPing and have
the expe.tation that the Hetro Council's goins to buv into our
cc,mtrrehensive plan and I think we all believe that it's a valid Plan and it
is ba::ed on good concepts. should the Metro council reject it and hJe Hant
t_o fight thai because we think they're b,rong, what forum do we have to do
thaL in, and I,m sure not. I would assume that the Land Planning Act does
provide it- I can tell you that in 15 years of doing these things,
Lhe l1etro council has never rejected a minor plan amendment that I've ever
heard of. r mean r^re,re lalking about a group of People that debated
getting involved in the Mega MalI issue so they take Lhat resPonsibilitv
iairly-seriously and they don'L normally get involved in ]ocal affairs but
Plarnin.q
Febr uar y
Ccrr.n i ss i on Meet i ng
t', 1997 - Page 34
the i-and Planning AcL, which has been in place for I don't knouyears bul over 15, has always required that. I mean the basic
behind this is thal cities should not act unilateraLly !^rithout
account Lhe concerns of the region and adjoining municipalities
districts and other governmenLa] units. And to the extent that
an interest in what you're doing, they have the opporLunity Lo
how ma ny
pr ein i se
taking i nlo
and sc hoo I
they have
comment.
Emminge: BUL Ladd seems to be saying lhat by doing lhis, t,e're losing someflexibility but in fact ure're required to do this whether
Conradr On certain level things we're required to doing Nhat you're saying'f
and f'm just saying for those that ue're not required to do it, which I :
don't knour r,Lhat that threshhold is, we're giving away the City'sflexibility to reacL to minor changes in borders betureen a residential -district anC a multi-family district based on some lines that we just drer.; i
r ight nor,r
a na i- .:l l rrl
Conrad:
Lhal wa
But I
zoni n3
thc,ught the City didn'L have any flexibilitythat wa:. in conflict with the comprehensive
Ladd in
pIan.
oh, we
hsuen't
sure do,
e xam i ned
The Plan
every foot
just a
where
]S
of
guideline and I
thal line goes.
don't k now
Ahrens; Is that true? I mean don't
11€trcp.,1it.an Council for approval?
ue have to send that to the
Krauss: The plan is a guide buL it,s a guide that.'sCoun:il anJ we can'L change it without their review.
accepted by the t4etro
Ahrens; So Pau I 'sor houl large,saying we don'l have any flexibility no matter how srra11
Con;-:C: That's not t^:hat I heard him
Ahrens: If t_he zoning change is in
say.
conflict r,rith the comprehensive plan.
Krauss: Yeah, I think that thaL,s accurate. My recollection of thelong;uege, i,:hich I don't have here and if you,d Iike, b,e can hold off onthis ancl get you the Land Planning Act because r think thaL would resol.veiL' is thaL anvtime vou do anvthing that's contrary to your comprehensiveplan, your approved comprehensive plan, you have to run it through Metrocouncil slaff. You have to give neighboring communiLies that might have ani nteresl an opportunity to commen!. And we've always operated that way.
Emmings: If a piece of land is zoned single family, and say it,s guided bythe comp Plan somelhing else and a project comes in that's singLe iamiry-
Krauss: You're in the right, at reasL legarry, r'm noL sure brhat, r mear-rthe Land Planhing Ac! Has done 18 years ago and the case Law and correct meif m Nrong commissioner. Ahrens but the case Iaw on this was there Hasrecent cases abou! 4 or 5 years ago with some suits that said that thezoning takes precedence. rl's quite clear that the zoning does. rn facture do have two instances that rm auJare of where the draft comprehenisvepran is inconsistent urith underlying zoning. one u,as one lhat was broughiout at the Council which is Lakeview Hills Apartments. Lakeview HiIIs is
Plannin:
February
Comnission Meet i ng
e,, 1991 - Pase 35
alI zor,eC R-12 righL now and we're bisecting it or it,s treing bisected byIH ?1:. The area north of Lhe .future highway is designated as park andbased upon what the Council did, it's low density residential with ano',,ei'lay of park. Their attorney is saying well you've down zoned my
F,rcp"rt-y and aII this and the City Attorney was quite adamant about it" t,ehad in no way down zoned anything. You still have that underlying zoningbut the City r"as within their rights to do what we did. And furthermore,if w: wanL to tackle il more directly, we should come in at a city responseor reqL,egt to rezone that portion of the property that's inconsistent withthe Comprehensive Plan. tJe r^rould have the ability to do that and iL's
something r\,e may r.ra n! to consider . But right now it's zoned R-12 and ifthe:' cair,a in with an R-12 projecL, ue urould not have sufficient grounds to
deny thern. f knour I've tried lhis against McDonald's where they took us tocourt because we haC a property that Has guided for industrial use but it
t{ae zoned cc,mnrer c i a I I y . l^,le told Lhem tha! we would not, that. it would be
denied because iE Has inconsistent with the Connprehensive Plan. After
ab.,r.rt 1? r.rinth. of litigation, we lost.
conrad: l^,lelI, I agree with the proposal. I just want the City Council to
kn:ui be-fcre this gets Lo them, or as it gets to them, if they're giving up
ani' rrinor flexibilities Lhat Paul is saying righL nour r^Je're not. I just
war,t thenr to be suie that anything we're giving up, I think we should know.
8u: .t-haru,;se I think this is smart plannins.
Emni ngs: Any more discussion?
ElIson moved, Erhart seconded that the Planning Commission recommend
approval. of amendments to Section 20-41 , Pertaining to consistencv with the
Comprehensive Plan. All voted in favor and the motion carried unanimouslv.
ZCNING ORDINANCE AMENDHENT TO AMEND S ECTION 20-406 REGARDING VARIANEES TO
THE I'ETLAND ORDINANCE TO FOLLOI.I THE PROCEDURE AS STATED IN DIVISION 3
-'I o Anr Clsen presented the staff rePort on this item.
0lsen: Right .
Emmings: Don't we sometimes look at Lhese when it comes in as Part
subdivision or a site Plan?
VAR I ANCES OF THE ZONING INANCE.
olsen: tnel I that's where it gets
Nhere yes. under part of the Sile
Enrmin.-qs: tJe'd be Iooking at it?
amendments or doesn't it need to
Emmings: And wouLd we be dealing with them, on those or would that also?
the new wording of Lhe variance 'yes you do.
nour is that covered by these
of
i nto
Plan,
tleII
be?
Clser: I believe that's covered under SiLe PIan Revieu. - - t'Jhere the
variances are noN, lhe Planning Commission just looks at the variance as
part cf Lhe subdivision and the site PIan.
Flanni ng C
February 6
ommission
, !991 -
Meet i nE
Page 35
Krauss: Or
subdivision
ulsen: :.a
Ccmrnissicn
Yeah, it seems to me wenre going to be looking
Ec',r'd of Adjustments i-n those situations aren'L
a
or
we need to connecl those where it says now,
has thaL control versus a typical variance,
at these rather
NE?
Krauss: Yes. If it's associated with a subdivision"
Emm i ngs: Or site plan?
sile plan it would be processed in due course with that
site plan by you and the ciLy council.
urhere
do we
the Pl a nni ng
need -
EmminES: No, you don't need to shoul it to me. As ]ong as I just wondered
if ^ si:ica L^re're sayin,J thaL here iL says that a variance shaII be reviewed
b,y the F,oar,J cf Adjustmsnts or Appeals and there's two cases where ii's
r''rat.
Krauss:: tle should check the wording so,
here and ire'II make sure that this jives there's over riding I a nguageuith Lhat .
ln
Eri:i'r; ;:::: : O ka >' .
^r ^ri: -
herq t hal i.Lants
Erhart moved,favor and the
Is the)- e a nyt hi ng
this? Okay. Thisto comment on this?
EIIson seconded to close the public
motion carried. The public hearing
discrlssion from anybody?
the Board of Adjustments?
you wanted to add Jo Ann to thepublic hearing. Is there anybody
hearing. AII voted in
uas closed -
[^lor kma n .
a I ter nate ,
we assort the Board of
on
I thinli the Mayor's still the
E:': i r:: :
Co nr ad:
Olsen:
Krauaa:
t^lho 's
It-'S
And
Carol lJatson, tlillard and Tom
Conrad: So ue have one City Council member? How doAdjustments? Is there a formula for assorting it?
Olsen: I don't
a.l- urays been one
ge ne:- a I pub I ic .
know if LhaL'sof the Counci I
ever been put into the By-Iaws but
members on there and then the rest
there'sare just
Ahren:.:
Emm i ngs :
Ahren=:
t^lhat i s
Peop 1e
That's
the Board
that grant
aII they do?
KrauBs: They're actual Iy
O1sen: They can make the
Erunri ngs: There should be
of Adjustments and Appeals?
var iances .
a quasi-judicial gr oup .
firal decision.
a Planning Commission member.
Plannin:
February
Commissi on Meet i ng6, L991 - trage 37
O.lsan: Thei' usually
'"':r.1 ,i-r-i: :: lci gize
:' | .:. -. 't- f,a,-,r t o go
meet befor e
var i a nces -in fron! of
Cily Council and they look aIf it's unanimous approval,the CounciI.
t setbacll
that',: it "
Kraus.: Yes. In fact in a ]ot of communiLies, and I think under StateEnabling LegislaLion, we have appeal to the City Council and a Iot ofcities cc but vou don't have to. rn a lot of communities, your next lineof appeal is court.
Olsen: Alsc, a 1ot of
Cj Ly ioun: i I J:e'r it.communities don't have a Board of Adjustments. The
rl l: ,
h:: .: .
Ofsen: Right .
like thjs. Just a little housekeeping it kind of tooks like
lmiring:: Is: there any other discussion on this? I guess the onlyI':1 sa,-i=, I think perhaps iL should say in this as part of thatsentence, or right after that first sentence, something about thethe Planning Commission will review variances in connection r.rithsuh,civisic,ns or site plans. Just so it's complete, bu! that,s not,J:-al. An/l.r.ri', if there's no discussion.
thi ngfirst
f act t hat
bis
Cc.r:ral: tJell I do have some. Or just one thing that's sort of gnawing atme. T think the Eoard of AdjustmenLs has some background in dealing r,rith
t-he ua;'iance if we're lalking the setbacks. I think they get, welI knoningilh,r':. th;;-e, t-hey know that. But when you talk abouL variances to wetlandsordinance, f Con'L know that that's really, they've been educated in that,
The sLandards and why's an.C what have you. I feel comfortable the Ci.ty
Corrncil gets brought up into those things. They have the Slatutes in ourordinance, IL's Iike introducing something brand new to a group thatreally is used Lo, L,e care if it's a 10 foot selback and t.he sideyard
setback is 9 an,l then so nobr hre're introducing uretland ordinance to them.f guess f'm uncomforLable. Consistency it makes sense to clo it but I'mjust noL re.:I comfortable.
Emrn i ngs : l^lhere r^Je've b,een
things will they typically
risid, they may not
at a variance for?
real
Iook
be.
L i ke
l^lhat ki nds of
a dec k?
Emmingsi Give me some more examples.
Ofsen: .,.but if r,,e get into wording...that the Planning Commission
r,.:or:Id.,.Iook at that as part of a site plan...Iot smaller than 15,OOo
squaie feet or closer than a 75 foot setback. You would be the group
thal'i be talkins about that.
Erilming3: So can you think of anything else other than a deck or hour about
an accessory building?
Krauss: That too. But keep in mind there's no aLteralion to the wetlandhere. If there's any alteration, thaL aIl comes for you through normal
channeLs. The focus of the Board of Adjustment was py-elty narrow at this
Emnings: Oh, I didn't know that.
p.,ir,-. I me.an I thi nk ue've cleaned that up.
tl=en: -il;;''re very slrict. They would reaIly have to...
EniiLi ngs: I knoN some of the people on there would be buL I think Lad:l ':
'-l-:-.r;-3 6r n'ay'L,e c,f a differenL 3 PeoPLe next week, l.lhalever, next vear.
Lor,r:.,.1: I t-hink we'v= got to go along urith it,
!.1:.. i-; : I tl-ink t-hat technically we have always taken...another varianc€. f
thini.i it': just kind of ...Lo t^that we can usually do....amending that wh':le
uetl and ordi nance .
Einn: n3l: Df you have a motion?
Smming=; Sure. Is there a second?
C; i::'-: l: Eaacn,-l -
Er,ir i nge : An;. discussion?
Ahrens moved, Conrad seconded that the Planning Commission recommend
approval of Zoning Ordinance Amendment by replacing Section 20-406 with the
following.Ianguage:
"i1' variance from this section, not required to be reviewed by thePlanning Commission, shall be reviewed by the Board of Adjustments andAppaals. The Board shall be empowered to decide appeals and grant
verianc:s only r.rhen the decision of the Board is by unanimous vote.Th: sirnple majority voLe or spliL voLe by the Board shall serve only asa recornmendalion to the Cily Council, who shall then make the final
determination on the appeal or vari.ance request. The variance process
shall follow the guidelines set in Section 20-29 and 20-56 of the City
Code . "
AlL voted in favor and the motion carried unanimously-
ZONIN G ORDINANCE AHENDHENT TO REVISE ARTICL EV FLOOD PLAIN OVERL AY
DISTRICT.
.lo Ann 0Isen presented the staff report on this item. Chairman Emmingsthe public hearing to order -
Erhart moved, ElIson seconded to close the public
favor and the moLion carried. The public hearing
heari ng - All voted in
was closed.
Planning Commission Meet i ng
February 6, 199! - Page 38
Ahrc-,n:r f move that the Planning Commission recommend aPProva1 of the
Zan:.n: Ordinance Amendment by replacing secLion 20-406 tliLh the fol lor.:ing
language, as u:ritlen here except for the first sentence Nhich sha]l be
,^.lan:e J a: f ollor"rs: Variances from this section, not required to be
revjewed by the Planning Commission, shal] be reviewed by the Board of
Ai jrr=t-nants and Appeals. . .
Planning
Febr uar y
Commission Meet i n96, 799! - Page 39
Emmingsi Does anybody have any questions or comments onI've got one thing. It says that in one section iL saysplain designation on the official zoning map. Is there?sure- Are there floodplains on the zoning map?
this? f guess
that the flood
I just wasn 't
O]sen; No, it's Lhe...map. Do you know where that is?
Emmings: ft's on the bottom of
FIoodpIain.
pase 4. IL says, Add Section 20-46 -
Olsen: I'II check on that one because we're just adding h,ords from r.,,hatthey're requiring.
Emmi ngs: But I'm
olsen: IL doesn'L
wondering if it shouldn'l be on our zoning map.
show up.
Krauss; Have you ever seen the FEMA maps? There's a series of panel.s and
it's about 6 maps that cover Chanhassen and they give a flood elevation for
a major event and then a flood fringe area, I don't know thal it's
information we can accurately protray on our plan.
Emm i ngs: Okay ,
map shor^r all of
Emm j. ngs: f^,ould the wetland
problems be something that
iL's an overLay- Tha!'s why
the Iand in Chanhassen Hhich
il's an over I ay .
would be subject
Does that
to?
Krauss: t^lelI no, it doesn't. I! shows major tribuLaries and
river that is subject to flooding but if you have a weLland in
yard thal tops out, il's noL going to be on that map.
Lakes
your
and the
bac k
olsen: IL just shows the floodp]ain...
Krauss: tJelI that's, and Charles can explain
get an overall drainage PIan and hre figure to
up and causes
ordi na nce?
of that but basicallY we
year storm I believe-
irr my
fa.LIs
bac k
u nder
that f ills
floodplain
yar d
this
Krauss: No. l^lhich is why you hJant to tie this into the FEMA- [.le are
going to get into that issue though, I mean the one that vou're raising.
rnilh the Surface t^Jater Utilitv Program we're going Lo do a comPrehensive,
one of the elements is a comprehensive storm waLer management PIan. That
is going to be setting flood elevations for aII these little potholes and
weLlands and sumps that we have around town. Then ue are goi.ng to enforce
our regs to make sure that the lowest elevation of any house is at least 2
foot above Lhe anticipated flood. I knou lhat Councilman Mason is here and
we've been talking about a property in his neighborhood that aPPears to
have a flooding Problem LhaL somebody r^rants Lo build a home on. I!'s not
anywhere near a designated FEMA flood zone and bre don't have any
information on whaL the flood elevation is on this because it's locally
generated information.
Emmi ngs: t^lha! do we do ulhen jusL a Subdivision comes i n that 's got some
Iow spots? tlhat do we do to make sure we're not going to be building
houses on lots that are ]aLer going to have flooding Problems?
somea 10
Planning
February
Commission Meet i ng6, 199f - Page 40
Olsen: 1OO year .
Krauss i 1OO year evenL.
Krauss: And we project whaL the flood situation is going to be on thatparLicular properLy.
Emmings: One thing it said that on the first
changes of Lhe amendmenL and Lhen number 4 at
made requiring replacement manufactured homes
anchored and then all the way through here itare prohibited "
Olsen: Right- ThaL's one of thethat they were giving Lo us...
general items of the proposed amendments
Emmi ngs: Oh , o kay .
discussion , is there
Erhart: I'll move thatfollowing amendments to
Attachment *1-
the Planning Commission
Lhe Flood PIain Over lay
recommend adopti ngDistrict as s hour n
I see. Anybody got anything else? If Lhere,s no.morea motion?
the
in
Emmings: AIright, is Lhere a second?
Ahrens: Second -
Emmi ngs: Any discussion?
Erhart moved, Ahrens seconded that the pranning commission recommend toadopt the follor.ring amendmenLs to the Flood PIain Overlay DisLrict as shownin Attachment *1 . A1l voted in favor and the motion carried unanimously-
Emmings: TotaI unanimity- It,s reallyvoting against the next thing no matter
kind of sickening, Okay, I,mwhat i! is.
Folch: 1OO year event.
page it says the majorthe top says changes wereto be properly elevated and
seems 1i ke manufactured homes
ZoNING ORDTNANCE AI'IENDHENT To AHEND SEcttoN zo-eg(o) cxaxelNe TxE rlLrlre orAN appEAL TO rXE BOanO OF eo:uSTHEnt's oecrsroN rnor to oavs to + oeyL -
Emmings: This has recently been before us. r don,t think we need a staffreport on Lhis. This isn,t a pubj"ic hearing is it?
Krauss: No, you've already held thaL,
Emmings: Alrighr. r knew that. so let's see, does anybody have anythingto say about this?
conrad: rs there a hray Ne can make, how do you get the r.lord out during the -process that there's a 4 day, that you only have 4 days versus lO toapPea]? Or just simply a 4 day. No, I,m not trying to communicate to theCity that we've chansed things but durins the night of an iJpeal, or nishtof uhere something came in and somebodv Nants to appear, i" ii-p"ri ";;"
'-
Planning
February
Commission Meet i ng6, 7997 - Page 41
uel) I know the ansuerthere are any appeals,
Lo this butyou have- to
it's almost Like it
make iL then withi n
shouLd be said. If4 days.
Krauss:
Chairman
can ma ke
Really
and we
! hose .
you're
should
right.put it
It should be in the opening remakrs
on the meeting notices thaL are sent
of Lhe
out. l,Je
Conrad: I think that would be smarL to do.
Emmings: I'd go a step further than that. I think that when there are
matters that are subject, wait a minuLe. Oh, this is just appeals to thedecision of Board of AdjusLments.
Krauss: Yes.
Emmi ngs: Oh okay , I 'm sorry , That's fine .
Ahrens: How do you noLify them now of the 10 days appeal period?
Krauss: NeIl actually uhat we've slarted doing is one of the conditions of
appr,rval so Lhat the applicant knows, is Lhe Iast line is now this aPproval
shalI become valid unless appealed within 10 working days " Also, He've got
better control over this nou because this is one of those items that the
city Att.orney is, variances are filed against a proPerty, or at least Lhev
should be. And this is one of the issues that we don't release it until
the owner's given us whatever Litle information we need and the information
is forwarded to the City Attorney and he files it. 50 He just t{on't
release it until that period is over.
Emmings: I LhoushL iL uras kind of interesLing this change to anv aggrievedperson. It's just interesting language because here the Citv Attorney
thinks the reason to geL Lhat out of there and make it more restrictive is
thaL it Hould prevent community gadflies from appealing a decision in which
Lhey have no per-sonal inLerest. I'm sure the establishment thinks of Ralph
Nader as a gadfly and I think of him as a guv Nho's protecLing my butL from
getting blown up in a PinLo you knot^t. I don't think of him as a gadflv
so I don't know" But anyway, I think Lha! 4 days is not enough time lo
allow a person to do anything. It really bothers me to go down from 10
days to 4 days. Another thought I had is, if somebody wants to appeal it
Lhere could be a fee. If it's really a problem that people in the' lhat
there are people in the community trho just aPpeal things just to cause,just Lo gum up the works, there chould be a fee. That's going to seParate
the gadflies from Lhe folks who are really interested it seems to me-
Krauss: WeIl, but do you really u,ant to make the Process
know what the right word is?
more, I don 'L
Emmings: No I don't. I don't but that r^rould be one wav to address it if
it, I doubL if it's a problem.
Krauss: t^lell no" I! really has not been. I mean PeoPle who are going to
appeal a decision, every time that I've had, that they either give it to
you there and tell you that they're going to appeaL iL. tJhich is fine-
That's all the notice we need because it's of record. Or the next morning
you get a letter saying I'm appealing this.
Planning
Febr uar y
Commission MeeL i ng
6, 7991 - Page 42
Emmi ngs: Four days just
anyvlay, I know I'm alone
Is there a motion?
bothers me -
on tha-t" fs
I'm very uncomfortable with it butthere any other discussion on that?
Erhart: I move the P]anning Commission recommend approvalto the Zoning Ordinance Section 2Q-29 deaLing with appealsof the Board of Adjustments be approved.
of the ame ndment
from decisions
Emmings: Is there a second?
Ellson: I'Il second it.
Emmings:. Qkay, is there any other discussion?
Erhart moved, EIIson seconded that the Planning Commission recommend
approval of the amendment to the Zoning Ordinance, Section 20-29 dealingwith appeals from decisions of the Board of Adjustments- AII voted infavor except Steve Emmings who opposed. The motion with a vote of 5 to 1
Emmi ngs: And why are you opposed? l.le] I ,too short-. It jusL doesn't afford people
concerned. They oughL !o have 1O days asthat changes properLy and it may be right
oughL to have more time to react.
DISCUSSION OF RURAL AREA ISSUES:
UPDATE ON poT ENTIAL GOLF C OURSF T N SOUTHERN CHANHAS SEN - JOAN AHRFNS
Public Present:
Name Address
Erik Roth
Perry Dean
225 t^,est 15t h Street
7074 - 13th Avenue S
*412, Hinneapolis 55403E., Minneapolis 55414
Ahrens: A Long time ago I volunteered to go before the park and Reccommission to lark to Lhem about this. rn fact it was a month ago maybe. rdon't know, and r gave them a rittle outline t^rhich r made copies-for youall so you can see what r did there. Basically, after r got into the urhore -golf course issue I got very interested in it. I talked to people in othercities who had muni.cipal golf courses and they were all making a ]ot ofmoney off of them and they thought they were the greatest thing ever to be -developed in their city. I presented this. My request to the park and Reccommission was that they amend their section of Lhe comprehensive plan tojust include a study area for a go].f course. To teII you the truth, Idon't knour what happened at that meeting. They decided they didn,t want Lo -or thev didn't need lo amend their section of lhe comprehensive plan and rreally don't know r.rhy. They decided thaL it sounded like it was aninteresting idea and that somebody should rook into it. r don't know whoor what kind of Li.meframe but they rearry wanted to know if it uras 9oin9 tobe financially feasible before they'd even look at study areas. So fcalled PauI after the meeting and asked him whaL he Lhought of what hadhappened at lhe meeting and he said he would tark to Todd Hoffman and get
I'II teII you, I jus! think it's
due process as far as I'ma minimum Lo react to something
nexL door to somebody and they
Planning
Febr uar y
Commission Meet i ng
6, 1997 - Pase 43
back to me on
compr ehensi ve
him about it?
as far as
change . . .
willingness todon'L know what
that
plan
his
I
proceed t^rith the
happened, Did you talk to
Krauss: I did. I think there's a reLunctance for the newespecially neur ideas thaL may cost money, to people to buy
understandable relunctance. It's still an unformed idea.not sure whether it should be proceeded with or not. It'sthat there were 3 Council peopLe there.
i deas ,into and it 's anI honestly am
my understandi ng
Ahrens: Yes .
Kr auss :
anything
Hho did show some interest in the idea but nobody can buy intoas unformed as this is at this poj.nt.
Ahrens: I don't think we were asking for anybody to buy into the idea. Ne
were asking them simply to think about it and to think about where it mightgo if it was, if the idea ever came into being. l.Jhere it misht go in
Chanhassen.
Krauss: I think at this point iL may warrant bumping the idea to the City
Council. Either we've been talking about setting a goals session with the
City council or just a recommendation from you lhat the City Council
consider possibly appoin!ing a group to investigate this further and report
back. There's just not enough information for anybody to act on it at thispoint but at this point, I Lhink that it's warranted to see if there's
enough serious interest in Lhe idea even from the City Council that theyld
like this followed up further - You knor.r, nobody has to buv into anvthing
in terms of commitments to spend money or anything else but do they want
you to proceed urith this and then I think ideally a Lask force that would
be designed to approach Lhis mighl have a couPle of members from Lhe Park
Board, a couple members from the Planning Commission. I mean there's a
land use decision as to where Lhis might go and Nhat it accomPlishes from a
comprehensive planning standpoint and there's the direct recreational issue
of where should it be? t"lhat should iL include? How should it be designed?
I sense that both of the commissions need to be involved in Lhat kind of a
r ecommendati on "
Ahrens; Their main objective, they bJere most concerned about. First of
all they said weII we already have a golf course in chanhassen so Lhey urere
very enthusiastic about Preservi.ng oPen space but they said we already have
a golf course. l,Je have Bluff Creek and that's open space and I explained
that you know, tomorrow if somebody came in with a good enough offer to the
owner of B1uff Creek, that oPen space would be gone and we'd lose the golf
course and we'd ]ost the oPen sPace. They're also concerned about spending
money right nou but Lhis realistically is a minimum 5 year to 10 year PIan
and most of the communities I talked to said, if you don't get the ]'and at
the stage that Chanhassen is in now, you'Il never get it because it either
gets too expensive or you don't have any left. So if iL's something that
the CiLy may be interested in, iL's not someLhing that can just I Lhink be
put on the back burner forever.
Emmings: ft struck me as a good idea trhen it first came up but when I
]ookecl a! what you've put Logelher here, it seems Lo me it's even a better
idea. The idea of being able to use the club house for communiLv events.
Planning
February
Commission t4eet i ns
6, l99t - Page 44
Maybe even combining it wiLh a community center idea.
Ellson: Community center down the road.
Ahrens: Yeah, a lot of them did that.
Emmings: This has a lot of potential Lhere for.
EIIson: This is a uonderful proacLive kind of thins that I was referring
to before. Letns not just wait for people to develop and see if we ]ike
it. Like you said, we're talking long range. [,le're not saying this week.
Ahrens: There's so many different financing options. I mean it's not likethe citizens are going to have to come up with money out of their pocket
even tc, pay for somethi.ng ]ike Lhis. It really is an interesling idea Ithink that deserves exploration.
Erhart: A quick question Joan- You're
include making payments on Lhe purchase
say r n9of the
That doesn 't
Ahrens: WeII, for i nstance in BrookLyn Park, the land was donated to theCity by a deveJ.oper as part of a very expensive housing development tha!
went around the perimeter of the golf course.
Erhart: 188 acr es?
Ahrens: Yea h -
EIIson: Dwan was an individual too.
profitabLe.
Iand?
Erhart:
doesn 't
I guess when you use the terminclude the cost of land cost,
profitable , f'm assuming thatyeah.
Ahrens: tJell supposedly Lhe payback on golf courses is so high from dayone thaL cj.Lies can pay back whatever it Look to purchase the land anddevelop the golf course righL away.
Ellson: I mean I think if the City,s losing out in payments, they'd saythat golf course r^ras a bad idea and they're not saying that.
Erhart: It sounds a little hard to believe but if it,s in fact Lhe case,then r absolulelv think we ought to go ahead and form a committee to rookinto it because I think, I never really Lhousht that that opportunity wouLdhave existed but if it does, then we ought to move on it.
Ahrensr I think it's a real interesting idea and I Lhink thaL lookingaround a! t.he municipal courses that are so successful . I mean Iook atBraemar. They're even building another 18 hole golf course over Lherebecause it's a big money maker for that cily. Alfhough all the citiessaid, if they had to do it aII over. again, Iike Edinborough said they'dbuild the clubhouse a third of the size of the one Lhey built because it,sjusL too big for them. They ended up owning that. It t.tas originally underprivate ownership and now the City owns i1... And they a]l said thatthey'd get a big name designer because it really brings a lot of people in.
Planning
Februar)'
Commi:ision Meet i ng
6, !99t - Page 45
Edinborough is already booked through, and they have been, for several
monLhs through the U.S. open.
Erhart: These are aII pubLical. Iy ou,ned?
Ahrens: These are all municipal courses. This is just a brief little
sketchy thing. You know a lot of them use the golf courses in the winter
time for cross country skiing and sledding.
E]]son: A whole community kind of thing. I like it.
Erhart: tlhat happened to the one, Edenvale. Edenvale?
Ahrens: They tried to sell their course to the City of Eden Prairie but
they wanted like 7 million dollars for it and Edenvale is iust not urorth
it. It's not in good enough shaPe. I! was too exPensive.
EIIson: Thanks for doing thj.s research. I think it's very interesting.
Ahrens: I know Tom Wor kman is here to answer anv questions...
Emmings: I think it's a terrific idea.
Ahrens: He was talking about perhaps approaching Lhe owners
to se-- if they ulanted to seII their course to Lhe City which
Bluff Creek
an option
r^ras that I guess i n comi ng uP
open space, that this would be
we would Preserve oPen sPace
neighborhoods and that's uthy
with that vision. I hoPe it
thinking about a second
of land.
ofis
major areas in our
I think there's
too .
Emmings: It doesn,t mee! the idea of having it designed by a, unless you
Hanted to do iL over.
Ahrens: No, but if we wanted to do something -
EIIson: Enhance it a little bit more.
Emmings: And make sure it stays as a golf course because that's right on
the bIuff.
Ahrens: Risht.
Emmings: Anything else?
Erhart: My resPonse to that Particular idea
wiLh this idea was tha! my sense to Preserve
somewhere centrally located in the city t',here
noL only for the golfers but for surrounding
the B]uff Creek golf course doesn't quite fit
stays and I'd Iike to see it improved but I'm
course someplace.
Emmings: You've got a reasonably large Piece
EIIson: You want 7 million for it'
Erhart: I seriously think that we have some
plan that are very Iarge single family homes'
new comP
an
Planning
Febr uar y
Commission tleet i ng6, 199L - Page 46
opportunily to break that up with some open space here- Or maybe as abuffer from industrial to Timberwood as Ladd suggested here. Something. The
probLenr 's going to be finding 15O or 2OO acres available beyond thefinancial although the financial Iooks, your findings are better than I
would have guessed.
Ahrens: I think there are ways...
Erhart: f would go along with PauI's recommendation that h,e try to form acommittee i nvolvi ng Planning Commission.
Emmings: So you want to run that idea by the City Council?
Krauss: I think so and possibly if Tom or some of the other Council people -are really Lhat interested. Frankly, I'IL be honest, thi.s is not somethingf know anything about. I don't golf and it's not my area of expertise. tecould find out the information for you but if Tom is also interested orsomebody is interested from the Council on serving on this study group, Ithink gives it more credibility too and you might want to consider that.so mavbe a request to the council to consider establishing a task force tolook i nto' the idea .
Emmings: Do they have Joan's notes and things?
Krauss: No, not yet. Unless Tom, unless it was distributed.
Emmings: tlell that could 9o with the packet thatHaybe, I don't know. Do you think Joan should be
goes with the requesL.
t her e?
Krauss: It might be a good idea.
Ahrens: Everybodv r talked to from the other cities too said they would bemore than willing to come and talk to anybody in chanhassen and makepresentations. Brooklyn park even agreed to give us their feasibilitysLudy which they spent several thousand dollars on just to see what. kind ofissues they experienced.
El lson; Rea I ly?
Ahrens: Yea h .
EIIson: That's fabu I ous .
Anythi nsEmmi ngs: 0kay.
B. UPDATE
else on golf cour ses?
ON BF DIST ICT DI ION I.II TH U S. FISH AND I,.IILDLIFE SE VICE .
Krauss: t^le ]ast left this issue last summer or spring, or whenever it waswhen.the comp plan was overriding but clearly we had iome marching ordersin terms of looking at the BF district and pursuing some ideas with it.The comp plan that was recently approved does talk about that area and does -tark about a future uork agenda for it. one of the Lhings the land useplan does is the land use p.Lan shows alr the rand Iocated south of L69/zLzas future park. Some of that rand is obviousry an auto junk yard and someother Lhings right now. r was finally abl.e to touch base with Tom Larson
PIanni:-ig
Februar y
Commission lt4eet i ng
6, 7997 - Pase 47
who runsgoing to
th€ Mi nnesota
have him as a
Ni IdI ife Refuse .
speaker at Rotary
In fact Commissioner Erhart is
next wee k?
Erhart: Yeah.
Krauss: He's really an interesting guy. Very knowledgeable and probably
would be uillins to come talk Lo the Planning Commission some time or send
somebody over here" The tlildlife Refuge is realLy coming into it's own.
They've been getting better funding IaLeIy. They've just completed lheir
headquarters building which is a veyy attractive buildi.ns over by the
airport. They are looking at development of trails. They're finishing up
their acquisition and they have some long lerm funding goals for their
acquisiLion. My quesLion to Tom uuas, is that part of Chanhassen south of
the highr.,ay included in your plans for future acquisition? And if not, how
do we geL it in your plans? The answer to the first question is that it's
not i.ncluded. tlhen they originally defined the park back in the early
80's, they kind of drew a Iine around existing Iand uses figuring that it'sjust too much trouble and expense to incorPorate it. He shared similar
concerns with me in terms of, you know is Lhe junk yard a polluter? It's
kincl of a visual polluter at any rate, and long term would ]ike to see
those areas cleaned up. He is making a request through channels that
ultimately goes to Congress, for fuLure park definition so that as money
becomes available, that Lhey could use it to acquire parcels. He indicated
that he was willing to draw the maP so that aI] Lhe land up to the highwav
r,ras included in potentially acquirable areas. He said that his priorities
for spending though are based on environmentaL concerns. That he's go! a
Iot of more sensitive areas where he wants to devote his resources first
but I said, this is a long term goal for us. I mean if this doesn't hapPen
in 5 years, we're comfortable with that as long as it haPpens evenLuallv.
He did say he was willing to PuL Lhat in his request. I said, would it
help at aIl if we had a Ietter of support from the Planning commission and
city council with thaL and he said it couldn't hurt. so I told him thaL I
would bring Lhat back to you and see if you wanted to make that Ietter of
support. It is consistent, the comPrehensive PLan is a statemen! of your
intent at this point and it does show those areas included. A couple
inLeresting things though. I found that while the trildlife refuge goes aII
the way down to someplace near Leseur, Parts of it are not managed by Lhe
Fi.sh and Uildtife Service. Parts of it are managed by Lhe DNR and Tom gave
me the name of the DNR contac! person because the break Point is the
Shakopee bridge. So there's area in Chanhassen thaL would PoLentially be
included in the park but we have to work with DNR on thaL. -And I conLacted
a fe]Iow over at the DNR who's name escapes me at the moment but he's
sending me some maps on that area and he also indicated that he urould be
r.ril]ins, John Parker is his name. He also indicated a willingness !o look
at, if they haven,t already included it, Iooking at modifying the land so
th;t it would be included up to the highway. There's also another feature
that the DNR,s real interested in protecting. There's a rather rare fen.
It's an upland, wetland over a ]imestone base or something like Lhat' and
I know the only oLher one that they're aware of in the Twin cities is over
in Eagan. I! was threatened by the BIue Lake exPansion when they were
dewatering lately and they did proLect it. But it haPPens Lo be near the
Assumption seminary. You have the Assumption seminary and then you have
Lhe creek and this fen is on the north side of the creek and it's a very
rare formation and they want to make sure that Lhat's Protected and
possibly we can develop a mechanism by r,lay of a trail can go over back
Planning
February
Commission Meet i ng6, !997 - Page 48
there or someLhing Iong lerm. Apparently bolh agencies have differentpolicies as to development of the park. I saw their trail plan and theirtrai.I plan does not include any segments in Chanhassen.
Emmings: t^Jho is now?
Krauss: This is Fish and t^Ji]dlif e. Here's where their policies differ
DNR, it'E against DNR policy Lo develop trails in a urildlife refuge urhichmilitates against people enjoying it but I guess it preserves Lhe wildlife
habitat- value a little more. Fish and Uildlife is not opposed to that and
has in fact designed in Lrails but, the cl.osest trailhead is in Shakopee a!the base of the bridge. Iom indicated that they would be willing to
consider trails on our side of the river, especially if this land'sultimately incorporated. They didn't wanL to route somebody around a junk
yard. The long and the short of it is, I'm pretly hopeful as a first stepthat they showed a Iot of interest in the fact that He Here interested in
working with them. [^Je are apparently one of the on]y communities that have _come to them to discuss that and there's a IoL of mutual interest. ff you
were comfortable in giving us some sign of support that I can take back tothem, or take to the Council to take back to them, I would encourage you t,odo that" Again, it is consistent with the draft plan that you've adopled. -Another matter, we've been talking about bluff line preservation. Severalof you have talked to me about the fact that Eden Prairie has a bluff tineordinance and I haven't had a urhole IoL of opportunity Lo do a Iot ofindepth research as to r^rhat I think a good bluff Iine protection ordinanceis but I did xerox Eden Prair'ie's for you. Just so you can review that. Itend to think we can do a better job. One Lhat's more specific to thebluff Iine. Eden Prairie's is alI inclusive. Uherever you,ve goL slopesthat exceed a certain amount, this ordj.nance kicks in- Which may be okay.And that's kind of the traditional approach but again, I just threr^r Lhatout there as information. This is something we knou is on your agenda forthings for us Lo do. t^le're trying to get things done. I can,t alwayspromise that we'Il get it done as quickly as you'd tike but we are stil]working on Lhis one.
Emmings: Okay, and lhen thisthe Lhings you've done involvebluff line -
said
the
update on the
Iand south of
BF di str i ctlhe highway
primarily
then Lhe
but
and
Krauss: Ri ghl .
we've been usi ng
Bu! that seems to be into describe aII kinds of
the terminology, semantics thatissues.
Emmings: Right, I guess so. Does anybody want to talk about this?
Erhart,: Yeah, I'd certainlyincorporate everything up to
Emmings: If they can acquire
reasonabfe on the bluff, that
encourage this to try to encourage them toLhe highway }ong term. Makes sense lo me.
all of that and
means that whole
geL somethi nsif we
area
canis.
EIIson: Nice looking.
Emmings: Sounds good to me. So yeah, I guess we,d like it. Sounds likeeverybody agrees agai n.
Planning
February
Commission Meet i ng6, f99f - Page 49
Conrad: Are there controls over the junk yard from a pollution standpoint?
Krauss: WeIl one would hope so.
Conrad: I can't believe there is anything going on dourn there that, that,sjust got to be a signi.f icant pollution factor for that area. Just asignificant. I can't believe.
Krauss: Keep in mind that this is a non-conformity that's existed for a
number of years and predated the State's regulations of junk yards.
Emmings: Does that mean they can pollute wilLy nilly?
Krauss: HeIl I don't think so but.
Emmings: I don't either.
Erhart: t"Jhat do you think they're polluting? OiI running out of the?
Emmings: Got to be,
Conrad: oh yeah .
Emmi ngs: Crank cases. Transmissions.
Olsen: ...the Corps of Engineers has
and Nildlife Service as far as they're
I've never been on the site. There'syou just kind of"., I'm sure they're
Lo. It's constantly expanding.
been involved ulith them
fillins this uretlandswild dogs - I've driven
and
bac kin
the Fish
ther e -there andever wer eexpanding beyond what they
Emmings: How can Lhey do that?
Krauss: HeIL lhey can't and if we can catch that, we can stop
Lhere was an incident that Tom Larson was relating to me where
did a survey of lhe area they found out that the auto salvage
built 3o feet onto Fish and t,iIdIife ProPerty. tlhat thev did
than force them Lo move lhe Iine at that point, thev said weII
feet back on the other side and they had a ProPerty suraP-
Ahr ens: t,eI1 .ifyou catch Lhem?
you know they're moving it, trhy do you have to wait until
Krauss: t^,elI we're not cerLain. I
know caLch people hauling in. It's
tal ki ng about something that.
that but
when theyyard had
is rathergive us 30
mean we need Lo have evidence. You
a real dif f iculL area to access. l^le're
Ahrens: How would you ever catch them?
Emmi ngs: tje I I
be a sure.
buL now Lhey've got a survey it sounds ]ike and that would
Erhart: It is expanding? They're not moving the fence?
Olsen: They're fillins and they're going back.
Planning
Febr uar y
Commission HeeLi ng
5, 1997 - Page 5O
Erhart: But isn't the thing f6nced?
Olsen: In the back? I've never been in the back.
Erhart: I've been in there. I thought sure it was aII fenced.
conrad: BasicalIy the po]IuLion would be under somebody else'sjur isdiction Lhough .
O]sen: The EPA .
conrad: Yeah. Could we inquire? Could you do that Jo Ann and
out what they thi.nk of that facility and what Lhey're doing to i
Ahrens: ...for not doing Lheir job.
Emmings: Here's a chance to set Lhe record straight.
Conrad: It's just got to be a major source of pollution to that
Emmings: AIright, anything else on this right now?
Krauss: No .
C. UPDATE ON RURAL SINGLE FAI{ILY ITY ISSUES, PAUL KRAUSS AND TIH
just f ind
L?
valLey.
ERHART .
Krauss: I'Ll kick this off and then Tim can gel into Lhis as well. you
probably recall a month or th,o ago we brought to you the fact that we wererequired under the Lake Ann agreement to have minimum 2 7/2 acre lots inthe rural area and the MeLro Council, we since became aware thaL as soon as -they made us apply that standard, they lowered their standard to l acrelots keeping the density the same. The l per 10 acre density. The HetroCouncil is now updating al] their rural area policies and has proposed newstandards Lhat maintain that density so nobody's getting any more than 1
home per 10 acres but eliminate the minimum lot area requirements.Basically the minimum Iot area is going to be established by whatever ittakes to put it, a safe and efficient on site sewer system. tJe asked ifyou wanted us to go use this apparent new flexibility to see if He can getlhe contract changed and you asked us to do that. t,e took it to the Citycouncir " Thev asked us to do it. There's a little bit of confusion in anissue that needs to be clarified. The new rural standards that they,redeveloping don't have any minimum Iot area. I,m guilty of some of theconfusion on this and some of the discussion we said that they don't haveany minimum lot area but I've spoken to CarI Loren at MeLro Council urho,ssheparding this through and he originally told me, f guess where it camefrom was that we uere required Lo have Z L/2 acye LoLs. Right after thatthey }owered it to l acre so I was assuming thal Ne'd have l acre as theminimum rot standard. commissioner Erhart raised the concern that it washis assumption that we would go, ask lhem Lo eliminate the standardentirely which is, the City Attorney drafLed us up some new Ianguage forLake Ann rnterceptor Agreement and in fact that does that. JusL urites outthe minimum standards. t^Je wanted some clarification of the intent herer guess before r sent the officiar request to the lr4etro councir. Hourd youIike us to go for having no minimum standard in the Lake Ann agreement?
You'11 have to establish a minimum standard f suppose in the Zoning
Ordinance but you can do that based on whatever disctlssion we'd like to put
in. I suspect the Hetro Council's going to say we]l. this is an interestingconcept. TeII us exactly how you're going to handle it-
Emmings: Tim, did you have something Lo add?
Erhart: Yeah. Not Lo be outdone by Joan, I have a handout too. Just
trying to put my thoughts down on paper and just some ideas to share withyou. one Has what we were talking about. I'lI jusL quickly just thumb
through these. This summarizes the first page, the current ordinance and
what I LhoughL we brere talking about in our discussion of Lhis. And so
I just came up Hith some concepts so that I could draw some pictures for us
to get a feeling for what really affect dimensionally are rle talking about
in terms of land use. So I took what I thought Has a reasonab.Le ProPosal
and let's say it's l acre with 125 foot minimum uridth and using 30 foot
front and yard setbacks and put that down as a proPosal and then summarize
what I thought were the benefits of Lhat which included preserve oPen
spaces, efficient ]and use. t^le all talked about preventing the island
affect Lhat ure've dealt with during the update. Allowing the use of wooded
and hilly areas while preserving the ag. lJe've talked about efficiencv
before, Another idea I came uP with was, which Has a new idea we haven't
discussed if we ulere to do this, I'd like to see us consider eLiminatins
rural standard streeLs anymore so ue don't have, He Non't build any new
rural roads with ditches and lhings. For two reasons. One is ultimately
the;- uron't fit and they'II have to be redone as curb and gutter. Secondlv
is lhat if you require an urban standard that's more expensive and it will
encourage people to go to the smaller IoLs. 5o it's again an idea for
discussion. The other one, again at this point I think the smaller
Iots, the one thins that haPPened in Pioneer Hi.Ils Has that thev did noL
install sas at the time and now you've got aII these houses with these
propane tanks. These silver propane tanks sitting outside next to them.
It's real]v uslv, I don'L know if we could actually put in an ordinance
that says you,ve got to install gas lines. ThaL',s not exactly a utility
but it really ought to be done. So there's just a summary of some
benefits. I did talk to, I did some calling around. I got ahold of this
steve shermers who was also very willing to come in and talk to us. He
runs the SP Testing and he does sePtic system design and so forth for
developers. He came out of that Hachmeier school at the University
of Minnesota and got some i.deas from him about whaL some of his ideas were
and he had recently done, I think he said 6 oy 7 what he, well let's see.
I'm gettins ahead of myself a IiLtIe bit. The next page shows a tvpical I
acre Lot, how you might Put iL together in terms of where a house and 2
septic sites and according Lo him they would be required to be 40 feeL by
90 feet in clay soil. so thaL gives you an example of how that mj.ght look
if ute were to adopt a l acre site. It all fits on there I Lhink fairly
reasonable. The next page is just to give an overview of looking in terms
of size of lots and what land consumption you're really doing. The first
one takes a section and let's say you have 3 develoPments- one in lhe
upper right hand corner is a 40 acre develoPment so therefore you can have
3lots plus the remainder of the 40 acres. The one on the left is 7lots
in an 80 acre development and the Iotler right hand is a 15O acre
development where you have eventuatly 15 lots and course. It gives you an
idea. That's essentiallv using uP 1OZ of the land as densitv in l per 10'
If you 9o to the one area, the next page, that shows you l acre ]ots but
Planning Commission Meet i ng
February 6, 799t - Page 51
with the same density. See now your efficiency increases by more than
doubles here so you're losing a little bit less than 5% of the land. Itjust gives you a relative feel on what you're doing. Then we talked about
Lhe idea, which I Ehought you had referenced in your last handout at the
Iast meeting. The idea of a community system. t,lhen I tal ked to thj.s Steve
Shermers he said that community system's a bad word because it implies a
community, Because some sma]I towns or big commercial areas Iike a store,Iike a Fleet Farm in a rural area, have very large commercial septic
systems and they call those community sysLems but they have another thingwhat he terms cluster systems. They have done about 5 or 6 of those in theIast 2 years where he has designed them and installed them generally around
lakes.
Emmi ngs:
Er hart :
Emmi ngs :
Erhart:
Krauss:
This would be like
Yeah but to modern.
l^leI I that's an old
Same idea. I don 't
Aboul 8.
over on Dogwood on Minnewashta "
one but it's the same idea.
know hou many houses are on that one.
Emmings; Yeah, a number like that.
Erhart: one of the overriding things that he said that so far they've onrybeen installed 2 years and so far, you know he Lhinks they're fine but hesays you want to Iimit the number of houses to 5 per system because of, notthat you, I mean you can technically put one together far 20 houses but itbecomes, you have to have a users association. A very active one andsomebody has to manage this thing and make sure it stays working andsomebodv's not abusing it. He said one of the ways of getting around thatis to keep the minimum Lo 5 houses per cluster septic system. So thatseemed reasonable. r know that the more peop).e you get invorved, the morelikely you're going to have trouble trying to geL people to get along.There is a.Iso a point he indicated Lhat if you get above ]ike 15 or 15,then all of a sudden you get into a, it becomes a big system and you,ve goLto get the PcA involved and vou definitely don't want to do that. so withthat, that was mv notes on that again. He'd be more than willins to comeover and talk to us on that kind of thins, The last drawing here showswhat you could do with the cluster system. This piece is kind of Lhe scale -assuming 20,ooo square foot lots. And then r outlined just a littre bit ofsummarv of what r gathered on the cluster system, The benefits are againmore concentration of Iots. rt has been particularly usefuL around aieasof Iakes and wetlands where individual septic systems sometimes are aproblem that can be solved bv these. Lastry, the ones we had discussed orPauI had discussed in his handout was the idea that you could hookessentiallv the sewer lines are put in at the time of construction so thatvou courd simplv unhook and then hook to a citywide sewer sysLem at thaLti.me. That's not quite true in that you stilr have !o put two septic tankson each house as you would in an individual septic system so at Lhe timeyou hook onto sewer, you do have to essentiarly dig those and collapse themor do something. FiII them up or something and bypass them.
Planning Commission Meet i ng
February 6, 1991 - Page 52
Planning
February
Commission Heet i ng6, f991 - Page 53
Emmings: In the cluster system, on each lot there's septic tanks andwhat's communal is the drainfie-Ld?
Erhart: The drainfield, yeah.
Erhart: As I showed on my last drawing, I showed you that. It doesn'timply that iL's zero cost Lo hook up. There is some disadvantage, IL doesrequire an active associaLion of users. They've got to get along,
Although they are Iiving next to each other although sometimes that can bethe problem. It does mandate city involvement and I think that's the issueyou've got to grapple b,ith here whether you wanL to get involved in thesecluster systems or not.
Erhartr And I think it requires more active than just that. I mean the
City actually has to, there actually has to be somebody resPonsible to
check lhis thing at leasL on an annual basis. Then Lhe issue comes down to
is the vacation syndrome. If somebody goes on vacation and something
happens, you get a faucet leak or the pipe breaks or something. AI1 of a
sudden this thing gels to be, someone's Putting in more waLer than it was
intended. t^lho's going to be resPonsible for getting ahold of somebodv Lo
fix the plumbing? The other 4 people in lhe PaYLY? Is it the Citv? I
don't know" These are some issues. It's noL that big a deal but they've
goL to be thought out. And the installation of water meters helps with
that because if there does seem !o be a Problem, you can check quicklv to
see where this water's all coming from. The last drawing kind of shows vou
a sample, I put together a 10 acre site with 10, aPProximately 20 'OOO-25,oOo square foot Iots. And according to Shermer's, again urorse case,
actuall.y the worse case is the stsandard drainfield in terms of the amount
of size iL drains, Your primary drainfield and your alternate drainfield
is about a half acre for each 5 houses assuming a 4 bedroom house. You can
actually have that if you go Lo a mound type system - Showing here the
worse case, you pick up essentially l acre of waste for every 5lots- And
again, as PauI poinLed out, where in Lhe future a sewer system r4ould
probably come by in a major streak here, you might pick uP one of these
fairlv easy but the other ones, you may have to pipe in some 5OO feet Lo
hit it. So it's not perfectlv clear that it's just basicallv unhook a Pipe
and with a rubber tube hook to the new one. Essentially that u,as Che
information I gathered and I think, f guess my feeling was that, I lhought
$hat we had agreed on last time, we were going to go to Het Council and geL
as much flexibility as we could and then come back and take uP aII Lhese
issues. Decide what exLent we want to.
Emmings: So to keep the flexibility we'd need
clustering of sePtic svstems and other things,
kind of a minimum IoL size?
to be able Lo consider lhese
you wouldn't want to see any
Krauss: And you r^rould have to make sure that the drainfield, r,rhich is Lhebottom of the system, is located in an appropriate spot where you would irrthe future bring in utilities.
Emmings: Why coulcln't we do what we require homeowners to do and have a
system whereby they have to have it inspected annually or uhatever. t^lould
that, well the City still has to check and make sure they've do.ne it
I guess -
Planning
Febr uar y
Commission Heet ing6, t99t - Page 54
Erharli If that's what you want, yeah, If you
future, we would want to go bac.k and ask for no
coincides with what I think they're getting !o.
want that opLi on
minimum IoL size
in the
which
Krauss: UeII yeah. t^le're prepared nout to ask them. Again, I haven'L sent
the letter out yet but the letter basically says eliminate any reference in
the Lake Ann Interceptor agreement urhich is the only thing Lhat binds us.
Right now we have a minimum 2 7/2 acre standard in our ordinance and I can
see them asking for more definition as to whaL we will adoPt or wanting to
have some authority to review changes in the ordinance that we want to
incorporate. You're reaIIy working with two different things. You're
workj.ng r^rith the standard rur.al lot r.rhere you're going to have to establish
a minimum area. And you knou, l acre would seem to be approPriate for
that. In fact, Tim illustrated that quite well. t,lhen you get smaller than
1acre, you're going Lo have a very tough time locating the tuo drainfields
on your oun properly. BuL then we'd want to develop cluster standards for
the rural area. And what those are at this point I don't knour but we're
sure wiLling to r{ork on that. I guess at this point we just wanted !obring this back to you and so this issue was kind of Iaid out before you,
I'I1 go ahead and I'II forward our request to the MeLro Council and I'll
keep you posted as Lo r,rhat they're asking for. Then aL some poinL Lhey'regoing to come back to us or we're going to have to develop a new ordinanceto deal r,rith it and we'Il keep you informed.
Emmi ngs: Right nowthey're going to be
if somebody wanted to do
coming in at 2 L/2 acYes
something in the rural area,
mi nimum?
Krauss i Risht.
Emmings: Is the feeling we don't want to see that kind of development? I
mean lhat's whaL 1'm hearing. So this is something ue should get, we'vegot to get, cranking on so we don't have peopLe coming in for those althoughthere's no activity in that area.
Krauss: There's not a lot, no, It's not a very active market right now.I guess I wou.Ld also say that it's not the City's position Lo say Z L/zacre lots are necessarily good or bad. I mean clearly we've had someproblems dealing r.rith the after affects that ble've seen in thecomprehensive p).an. They tend to get in the way. They make thingsdifficult. for orderly expansion of the City in the future. If ule lourer the
minimum ]ot area to 1acre, somebody could stilt come in with 2l/Z acyeIots. tJe set a minimum, not a maximum so it wouldn,t necessarily precludethat same situation from arising. It just gives people more opportunityto , more flex ibi I ity .
Farmakes: Given the economics of building out in the rural area, uould thenatural tendency be like in town to be, put as many homes as you can? I
mean wou.Ld you expect a builder to be out there selling these homes wantins -to put t house per acre versus 2 L/2?
Krauss: t^IeI1, Commissioner Farmakes, the density cap would remain. TheMetro Council's adamant on that. So if you have 40 acres, you,re stillonly going to be allowed to have 4 houses. It's just a matter of wha! sizeIot are you going to put them on. And whaL ue've found is that yes, you do
have some builders and some developers who wi]l go for the minimum every
Planning
February
Commission Heet i ng6, 7991 - Pase 55
Farmakes: That's r^rhat I've been seeing out Lhere, I've been seeing whatI would call upper bracket homes. Large homes and they don't seem to bepositioned in any particular way for future subdivision. They seem to beposilioned as esLates. Placed in such a r,lay that you Nouldn't think thatthey'd be developed later but you never know.
Krauss: I think that's generally true. The only exception is in
Timberwood, some of the homes have been situated off !o one side and I knowtha! lhe developer sort of designed it so tha! at some point in the futureyou could, if you don'L mess iL up with a house location, you could splitthe lols down the middle and still have oversized IoLs but would have somepotential.
Emmings: Nice u,ork, Anything else on this?
Krauss: I don'L think so. t^le'll go ahead and send that letter in.
VERBAL UPDATE - TREE PROGRAH AND DNR PARTICIPATION.
Olsen: Ne just kind of added this at the last minute just to Iet you know
that the mappi.ng of the trees, of the vegetation in the city is moving
ahead. I just met with the DNR, abouL 4 of the DNR foresters Iast week and
we'lI be bringing tha!, presenting that to the Planning Commission and City
Council in the next couple months. tle're trying to get something ready for
Arbor Day to have il aII mapped out. Have it designated what tyPes of
woodlands they are and t{hich are the ones we want Lo Preserve and which
not. tlhen you look at the aerials, what they have are aerial PhotograPhs
and it's just amazing Lo see how much is not out Lhere anymore. t^le've just
got hardly anything ]eft and to rea]Iy iust to show that we need to
preserve what's there now and so we'Il have that in the next couple of
mon!hs -
Emmings: Okay,
flood plain and
of tr ees?
and this is the effort to develop an
everything eIse, showing r,Jhere there
overlay, like the
are significant stands
Olsen: Exactly "
Emmings: Now in the past we've always heard that there's one DNR forester
for the 7 County metropolitan area and he just doesn't have time to work on
this. Now, what is enabling us to do this aII of a sudden?
olsen:UeII
oh
they're using us as kind of a pilot Project.
Emm i ngs :good .
time. But r^rhen you're building to something other than rock bottom, entryIevel housing, you're not designing for the minimum and we,ve got a IoL ofdevelopers. Ne have a 15,OOO square foot minimum lot area but many, if notmost of Lhe Iots that are platLed recently, are somewhaL Iarger. And theycan be a lot larger depending on what the builder's going for. My guess isthat if you're developing a rural subdivision, urhy live out Lhere on a
15,OOO square foot lot. It just doesn'L make sense.
Planning
Febr uar y
Commission Meet i ng
6, l99t - Page 56
Olsen: And their
tree, it's not to
they are putti n9 .
and the DNR is really excited
it preservation. It's cal led
about looki ng at urban
more management and so
boss
caI I
Emmi ngs: Sounds good .
Krauss: I think Jo Ann deserves some credit here because Lhis is no!
something that the DNR's ever done for anybody before and we are being used
as a litlle biL of a guinea pig but it's clearly in both the best inLerest
of the DNR and the City to work out this issue. Hopefully it wiII be a
real useful project. t,e don't knor.J the product that we'II get out of this
but you always have the opportunity to review it but we're breaking -some
new ground here.
EIIson: t^Je 're progressive .
Emmings: And it points up too, you know when Valvoline comes in here
uranLs, they want to put up some substanLial something and there oughLtrees there. I don't care if it's pines or spruce or maples or oaks
uJhat but by god they ought to put up a couple of bis trees.
and
to be
or
Erhart: You know another thing that I wanted to point out on that thingtoo, you should make Lhem guys draw those trees to scale on those drawings.I'lI teII you, a urelsh juniper will never get 15 feet in diameter as shownon that plan.
Ahrens: ...on their picture, little teeny things.
Olsen: ...they're going to look at the urban, the downtown are and they'IIbe able to teII where they need to revegetate... IL's not necessari.ly just
the preservation ouLside in the rural areas buL they're also going to work
on.
Emmings: Hoh, about in our subdivisions where we have toIo!? That's ridiculous. t^,e've talked about that before
done anything about it.
have 1 tree per
but we've never
Ahrens: I think for Arbor Day, the City of Chanhassen should get a whole
bunch of trees and have a tree sale.
Krauss3 Tim is uorking on that.
EIIson: Resources in?
Olsen: Resources in, exactly. PIus they're working ulith us on even
adopting Iike an ordinance to work on. tJhat ue do want Lo Preserve and how
to manage it. They're real]y, when I met with them last fall it was kind
of Iike they're just going to give us this mosaic of the aerial photographs -and it was like, okay. Great. That will ]ook nice on the wall but what do
we do trith it? I don't knor.r what kind of Lrees Lhey are and what are the
good ones and when we met last week, they're iust taking it- AII the steps
up urhere we're really going to have a trorking document so we also are
Looking at hiring an intern who wi]l have to do the foot survey and to
verify whaL they see on Lhe aerials. There's Hays to do that urhere iL
probably r.Jon't cost us much of anything
Yeah, there was.
Quite a few evergreens is what I remember.
l,lelI berming and evergreens towards the neighbors. side.
Emmings: Tim does that.
Erhart: They've done that every year.
Dick t^ling; I was going to ask, why the Valvoline? t,hy not the testingstation? That was one of the questions I Hanted to ask when we were
reviewing the testing sLation. tlhy aren't ue, and I hear aII this
excitement about lrees which I really support- Some cities every Arbor Day
have a wholesale day and go Lo a nursery where they can pick up trees atcost...but more importanL, I'd like to see Chanhassen start reforesting "And one issue that I'm going to bring up at the Council meeting is thatI want that...substandard buildins, which I consider it to be, with a flatroof, which we didn't...at least as those lots mature, I'd like to see sometrees mature with it so that by the end of my tenure in Chanhassen, there's
a legacy there. Not just a flat roof building. I'd rather have a forested
Iot that it sits on but see I don't know the ordinances to address these
issues very intelligently here. other than that I think righL here, plaLs
could be stopped cold until they have adequate trees and I want to teII you
where f stand, I'II support that when it goes upstairs so to speak. Both
the testing, I'm disappointed that the testing station didn't put in more
Lrees. f mean that's just another eyesore along TH 5. My concern is, I
made a stand on I'm worried about the east end of TH 5 looking like the
wes! end of TH 5. tJhat I haven't decided yet is where east and west stoPs.
So just maybe this one ure Looked at tonight is sti]I on the east side but
if it's on the west side, you're stepping into my territory nott and I don't
want it going any further west. And I'm concerned abou! that.
Emmings: Now the trees on the testing site, there uere
there noL? Both on the TH 5 side and on the back side?
quite a fet^t uere
Kr auss :
Emmi ngs:
conrad:
Krauss: It's on the highway side as weII.
Emmings: It's on Lhe highurav too I thought-
Dick Ning: ..,comment from an HRA meeting a couple months ago. They're
putting in these great big walls that say Chanhassen made out of fancy
trick. It,s out by the Holiday station and then down in Market Blvd. and I
stood up and I said, ueII our big Iogo right behind your head sLeve is a
bis maple Ieaf and I think the entry to the city ought to be reforested in
maples, or at Ieast hardwoods. Their statement was, weII we don't want Lo
obscure the sight Lines to HoIiday.
Emmi ngs: t^lhy not?
Dick tJing: Ask the on the commission.
obscure.
people
couldAhrens: If anythi ns
Planning Commission Heet i n9
February 6, L99t - Page 57
Dick t.Jing: l^le]I a ]arge hardr^rood...so they've got a few low things and a
few pine trees and I said but our logo is and why don't Ne reforest wiLh
hardwoods and why doesn't the city start staturating itself with hardwoods
again? So count on me for support if you choose to go that direction.
Emmings: The other thing is with hardwoods you know, as they age, asget mature, your sighL Iines really aren't impaired at aII. You havethe benefits and none of the disadvantages.
t hey
all
Dick t^Jing: I'II just finish up my statement. I just want to, I'm
reinforcing this position. I drive into Chanhassen from the east and my
first sight coming into Chanhassen from the east is billowing white smoke
coming across the highway. And I said this at the Council, I'm repealingthis. If you've read the Minutes, cut me off but they LeII me that smokeis just steam but it don't smell like sLeam to me. And then I go through
these buildings and here's. , .testing station, McDonald's, Taco stand,
cement place. Tha!'s TH 5 from our border to douJntown and what's going tostop that from moving right on west the same way. It happened with this
PLanning Commission and the one before you and the one before you and theCity Council before you and that's r,rhat they've allowed. tJhat do ure haveto do to stop it to get control of some direction?
Emmings: Terrorism. That's aII ue have to resort to.
otherwise they'Il come in andEllson: No, I think we have to be proactive
Lhe ordinance will allow it to happen.
Ahrens: t^,elI that's what Annetteand I talked to Jo Ann about thissay, we don't like this stuff.
was talking about at the Iast meeting,too. At some point we have Lo be able to
EIIson: Can we go out and give what we do want? Can we go recruit it?
Ahrens: ...I'm sure that people don't like to hear, I don,t think thatIooks nice on that corner, but iL doesn,t. It Iooks like junk and 10 yearsfrom now it will look junkier. r don't knor.r why we have to have a corner,the corner LhaL He drive into, that everybody drives into chanhassen, whythat has to be devoted to auto services, I don't understand that.
Emmingsr Presumably ue can, we've got our opportunity on the west side oftown that we didn't have on the east side r think is what Dick is sayingand by doing a corridor sLudy and Iooking at the study area out on TH 41and TH 5, we're 9oin9 to be able to 90 a rong way by performance standardsand other techniques to make sure that doesn,t happen on that end.
Ahrens: tle 're letti ng it happen r ight now .
Emmings: WeII yeah. It,s a lot harder, especially in a little spot Iikethat- You know it's zoned BH. rt's a BH business- He can come in hereand ure can't Lurn him down because he's got an ugly store.
Ahrens: Is there any way that we can direct any kind of developmentthough? ...as soon as you bring that up, they say ule can't change.
Erhart: t.Je can do architeclural design as rong as we have the standard -
Planning Commission Meeting
February 6, t99t - Page 58
Mi ke
some
Ahrens: But private develoPers do that in residential areas-
want brick exterior. They don't say what kind- They don't say
story or l store, whatever. They want a certain kind of look-
develop real general design standards where not everything has
same but everything is of a certain quality. I don't knour why
couldn't do somethins like, it's real hard to do.
Hason: That's what ule tal ked about at the Council meeting was getting
performance standards.
Emmings: We've been talking about it for years and it's easier to talk
about.
Erhart: No, I think we've talked about it and we've decided against it inthe past. tJe have collectively made a decision, a couple times since I've
been on the Planning Commission, that we don'E !,ant to get into
architectural standards.
EIlson: Maybe they're too stringent.
why but that has been basically the consensus.Er hart: f never understood
Now that appears to change.
Farmakes: You could get into goals. I guess when I was talking before,
and saying Lhat it would alleviaLe some of the comPlaints of the neighbors
if they would soften up the impact of that roof. The issue, I guess if vou
had directional goals !ha! you're asking some of Lhese architects to solve
without getting into the hor.r to's and saying this is r.rhat wouLd help to get
this passed. I think that would aIlow them some flexibilitv into doing
what they need to do for their business. At the same time knouing what the
seneral thinking is I guess of the Citv as far as covering up standing
traffic and Iandscaping and berming direction and if your location is close
to a residential, that you need to be cognizant of that. t^lithout again
being specific and saying, paint this pink.
Emmings: Make a mansard roof.
Farmakes: It would be impossible- It takes away aIl flexibility from any
professional and the PeoPIe that they're hiring.
They say we
they u,a nt 2
They canto Iook the
t hey
conrad: You're going to find it real difficulL.
Ahrens: I'm sure it is hard to do but what's the alternative?
Conrad: The alternative is to require certain embellishments. tlhether
that be walkways for real PeoPle. Shrubbery to a specific standard that u,e
feel comfortable about. I think it's real Proactive. I have a real
problem developing design standards and I Lhink because we, it's just hard
to dictate. There are exceptions galore-
Ellson: WeIl how about Jeff 's idea? Give the goals and then vou're
reviewing everyone in Iight of the goals. Did you buffer the residential
urell enough because we've told you Hr. DeveloPer, Lhat's an imPortant Part
Planning Commission Heeting
February 6, 199! - Page 59
Mike Hason: tlell I understand that but I think.
PIanning
February
Commission Meet i n96, 7997 - Page 60
when you're going up against a residential and you're commercial .Hopefully his designer has looked at that and says, yeah. There's 15 morepine trees here than our Iast Iocation.
Ahrens: tJhat's the minimum we have to complythe minimum. They don't care about our lofty
know what the minimum requirements are.
with and they just come in atideas but they just u,ant to
Farmakes: Althoush, I believe didn't you say they're making amendments tothe roof at the inspection site?
Krauss: Yeah, ure gol the plans today.
Ahrens: That's because we required thaL
It looks a whole IoL beLter.
f ar .
a goal, we uould be able to throurEIlson:that in?
But he's saying because that's
Farmakes: But
have had to do
is it required
that?
because we asked for it or Legally would they
Krauss: ft was a condition of approval . If you're asking if they couldtake it to a court and get it overturned, maybe in about a year or so. Idon't knou,. t^Je have an ordinance Jeff that says that u,e have the right todo architectural review but it's vague as to t^rhat we can do. At some point
we go too far. Clearly you can't deny a project because it's ugly as asole reason .
Erhart: Look it. f mean you know, there,s been hundreds of towns outthere Lhat have put in place architecLural zoning ordinances, rf eJe wantto get serious about it, just 9o to VaiI, Colorado. Find out Nhat theydid. There's a tremendous amount of resort tob,ns Lhat have putarchitecturar code in there. Just 9o find out what they did and pick thebest parts that ule want and put it in.
Conrad: You don't haveReaIIy.consensus from anybody in town urhat Lhat would be.
Erhart: It's a
conrad: t,hat do
sta ndar ds?
process that.
Lhey tell you
Oh, it's not going to be .simple.
in school PauI about architectural
Krauss: They teII me to do what the p).anning Commission tells me.
Conrad: Good line -
Dick l^ling: I'll ansxer that Ladd because my wife's a senior inarchitecture and one of the projects Lhey're doing right now is redesigning494 which thev see as a dismal failure, as the communities are calling it idismal failure. PauI's of the old school. I don't care uhat he s"ys, hegraduated before my wife did. The new school says, you just don't stripTH 5- You run' go off a block and then you have a riLtle cruster but whatwe're used to in this community isn't what the neur world's thinking. AndaII these clusters eventuarly. . .redeveloped and redesigned so urhen she sees -
PIanni ng
February
Commission Heet i ng6, 799t - Page 61
the comprehensive plan, she says well that's what the average does buthere's what some ciLies have done. She's got aII this neu information from
the new school . The kids in architecture and urban planning...have got
some clever ideas that are reaII)z pretty producEive and Tom l,lorkman brought
up the new car dealership in Eden Prairie. t,lell you don't know it's a car
dealership. uhy? Because performance standards said you aren'L going to
know that's a car dealership. It's very restrictive so we can raise somegoals and I agree. Architectural design is...so we can have a certain
flavor or quality of style like other cities do and we're Iacking that.
It's going to happen on your ship. I don't care if you do it or not but if
ue fail, then it wiII have been in your terms of office and mine.
Conrad: I'I1 just throu ouc one word. If you think we've got Problems on
TH 5 right nou, wait until we start designing the stuff that goes to the
west of the CBD because that's sort of an unstructured. It's going to
slrip commercial type of stuff. That's just what it's going to fill up
with and that area has always bothered me that we really never, it's going
to be parking lot, store, Parking loL, store and ue've never had any vision
for what that should look Iike. It's aluavs sort of been, weII Iet's take
care of the CBD first and then after that fills uP, then all these
franchise operations wiII go in to the west and sort of fiII that up' I
guess I'm not terribly concerned about the business highway, to be very
honest wiLh you. I think we're missing a whole lot of stuff but uJe haven't
had a vision. t^,le haven't had, other than locating highway service in that
area, urhich I think is not a bad vision. It keeps transcient traffic from
going through neighborhoods and I think there's some really good value to
tha!. And lhe benefit is that we are able to do betler designing with
other neighborhoods and keeping some of these franchise oPerations out of
other areas. But again I Lhink it takes a vision and so far we haven't
seen the vision. And we're alwavs dealing with problems with TH 5' Ho!"
it,s divided. Hho owns it and how we're 9oin9 to reconfigure iL and where
the railroad tracks are. I don't know. I guess it would be nice if
somebody had a vision that we could follow but in the years I've been
around, nobody's had that.
EIIson: Maybe your wife can do that for a Proiect.
Er hart: t^lel I aren 't we sayi ng , I thought I
consensus among Planning Commission members
architectural standards. Is that my sense?
heard that there
to start wor king
uas a
on
Erhart: t^lell agreed. Let me resPond !o that. Number 14 on our work list'
which we added at the ]ast meeting, that we uere going to develop
Landscaping standards so to me that's already on the work list. [.le're
going to add to that, and then I'Il get back, is that we ought to, another
project ure ought to be doing is getLing involved in l.,linnesota Highway
bepirtment and finding out what their Iandscaping plan is on when TH 5 is
completed through town here.
EIlson: tlell I don't knour if it
the Iandscaping and everYthing.
Krauss: That's something that we're
it. Their proiect is very minimal.
but -
was just architectural . It had to do t'rith
very active
I mean they
Dick was mentioning
do much of a nyth i. ng
with.
don 't
Planning
February
Commission Meet i ng6, t99t - Page 62
Erhart: Maybe we want to add to it.
Krauss: l.lell we are and there's an HRA sponsored program and I forget whatthe dollar amount is but it's significant trhere there have been speciapaving treatments for the traffic islands. Landscaping where we canlandscape. Entrance monumentation at key intersections into downtoun. Ihegoal of it is so that h,hen you're traveling on TH 5 through Chanhassenr you -wiII know that you're no longer in Eden Prairie but that you 're in downtown
Chanhassen, And you'11 know that because all the visual clues are there.I haven't seen the final plan. They've gone through a lot of different
changes with it
Emminss: t^Jho's doins that plan?
Krauss: IL's Barton-Aschman is working as a consultant for the HRA and the
HRA will be paying for it and HnDot wiII actually be changing theircontracts I be.Iieve so that theiy contractor will build everything to ourspecs. But there's a lot MnDot won't let you do. Inside the right-of-uaytheir primary goal is to move cars and they're not going to deviate fromthat .
Erhart: But they did a nice job on 35 and 494 of landscaping along theside slopes I think. I think driving on some of Lhose areas t^rhere they,verea]Iy put some money into it, I think it looks really nice.
Ellson: And on the way toulards St. paul they've got...
Krauss: Yeah, MnDot can be made to do some pretty neat things these days. -
f mean look at where the new 35-E comes into St. paul.
EIIson: Yeah, that's what I'm talking about.
Krauss: You've got the bridges that have the antique features and theLight standards but somebody paid an awful rot of extra money for that too. -
Emmings: Planted the whole median on top of that concrete.
Krauss: tlerl see that's the result of not being able to build that highway -for 20 vears due to neighborhood opposition. r think it,s a wonderfuldesign solution. I really enjoy it.
Emmings: AIright. It,s 1O after 11:OO. Are there any additions orcorrections to the Mi nutes?
APPROVAL OF I'INUTES:
Commission meeting daL
CITY COUNCIL
Emmings: I'm
anyone wantsclarificationgreat idea.like.
Chairman Emmings noted the Xinutes of the planning
ed January 2, f99l as presented.
UPDATE :
nol going to ask Paul to go through it. Is there anythingto make any comments about any of the items in there or getfrom PauI? I thought that the development fee schedule wasThat's something that really needed to be updated it Iooked
a
Conrad: I'm just curioussynopsis of what?
about the Timberurood comment. tJhat? Give me a
Krauss: The council was very cautious and supportive of maintainingconsistencv with the pran. Nobody wanted to change courses in midsiream onTimberwood. To change what has been committed to. on the ot.her hand, thecouncil wanted Lo Ieave the door open for something else if it met a veyyhigh standard of development to be considered.
Emm i ngs :you're talking about?
Krauss:
Nor.,
The 137 acr es
trhat
in front of Timberwood.
Emmi ngs: Is thaL you're talking about? Oh, okay. I,m sorry.
Krauss: And the Nay u,e approached that is, the city councir is hording atlthe cards. rf we leave the land use plan exactly the way it is but writeinto the texl of the plan conditions under uhich the City Council mayconsider changing it and urhat ure did is we developed, you know we,vealways taLked for years, trhat if American Express or somebody else likethat came and wanted to do a real Class A complex, campus. you know brickand g).ass buildings. A tremendous amount of open space. pre'stige type ofarea and we've aluays concluded that if somebody b,anted to make a proposalfor that in front of Timberwood or ulherever else, we,d probably be fools ifwe just' didn't give them the opportunity Lo at least make the case. Souhat we did is we wrote into the text u,hat sort of development may beconsidered as an alternative to Iow density residential. And we LaIkedabout basically brick and glass. Not much in the way of tip up panels. Uetalked about mostly office. Not much in the way of urarehousing andmanufacturing. tle talked about a hard surface coverage, much morestringent than is normally the case so that Lhere'd be more open space. [,retalked about the need to preserve the creeks and trees and the school site.tje talked about the need to establish buffers and do the whole project as a
PUD so uJe can exerci.se better control over it. See that's where you cando, that's the easiest route to doing these performance controls. I've hadthe good fortune of being able to work utrith some of the betLer developers
around here. You know, the Opus' and used to Trammel Crow who would beable to come to you and said I'1I develop 5OO or 5OO acres in accordancewith a very high architectural theme, In accordance wiEh a very high
Iandscaping theme and you r^rork this through. HelI that's basically thekind of development we're saying that we'd consider as an alternative tosingle family on that property.
Planni ng Commission Meet i ngFebruary 6, 1997 - Page 63
Conrad: l^Jere there residents in there from Timberwood?
Kraussr HeIl yeah, there were a few. Just as a shoyt antidote. Ursula
was talking to one of the neighborhood residents there, Bill MiIler who's
been very active and had met u,ith him on Friday. BiLl apparently came awayfrom that meeting with the assumption that the City Council is deviating ina massive scale from everything that's been done and there was a telephone
campaign to get people out over the weekend. Monday morning people werecalling me up and saying, Hhat are you doing? You know, what's going on?
And I said, weII uhat do you mean? You're way changing the comprehensiveplan. t^,lho told you that? It turned out to have a rather smooth receptiona! Lhe City CounciI. Hary Harrington was there and did raise a concern buL
Planning
February
Commission MeeLi ng
6, f99t - Page 64
Conrad: My only quesLion.
Emmings: Anything else on the City Council uPdate?
Krauss: l.,et] just to point out. tle've been talking about a corridor
study. Originally the assessment of looking at the 1995 study area on TH 5
which we all agreed to do and the Council u,anted us to do, has seemed to
have expanded into Lhis corridor study concept. There's a desire on behalf
of the city council that a task force be established to work on that r.rith
some Planning Commission rePresentation, some rePresentation from the
council and some of the area residents and some of the develoPers to serve
on there and set some goals for that. of course anything that would be
done r.rould come back through Planning Commission for fuII Planning
Commission comment and then back up Lo the Council. It's still an idea.
Everybody seems to be excited about it and it's great- l.le're going to do
some real'inleresting things u,ith thaL. I'm not exactly sure ulhen ue'II
get it off the ground. It h,as laid out that we clearly have to get the
comp Plan aPProved before tre jump into that but thev do want to start that
later this year. Oh, one last thing too. You nanted to raise an issue
about the next.
Emmings: Yeah, I wiII. t^,e've got the ongoing issue sheet here. It's time
to get some of that stuff off Lhere. I Lhink I'II talk to you about this
because I'd }ike Lo see that revised a Iittle bit but maybe I'II talk to
you and then ure'II present something.
it's quite clear that the plan
the exact same plan they saw 2
that you approved in october.
it uas pretty smooth sailing.
Krauss: Okay. There's actually quite
time we looked at this but yeah, let's
Krauss: Oh, oh, oh. It
making you ahrare of it.
that the City Council ultimatelv approved is
weeks before and it's the exact same PIan
It ha6n't changed. And once that was clear,
a few changessit down and
here since the ]ast
that.in
do
Emmi.ngs: Then in our packet there's a letter. I guess that's just for ourgeneral informaLion about a leLter Lo Andrew Schmitt from Jo Ann Olsen?
Ellson: The Video Update guy .
theEmmi ngs: Video Update and antenna. I didn't know why it uas in there.
were justuas an administrative approval so we
Over on TH 7 and TH 41 .
Emmings: Oh, okay. And then PauI tells me lhere areto having a second meeting this month unless something
issue or is Lhere not time?
not suff icient
can be done on
].SSUCS
an
Krauss: Mr. Chairman, yeah. I don't want to commit to doing something
that, we generated a lot of material for this one and goL a lot of things
scheduled. A lot of minor stuff. We wanted to clear a lot of that up.
Honestly I'm stiII in the process of geLting the comprehensive plan finaled
out and making application to the Metro Council. That wiII take me into
next r.reek. The next major job that Jo Ann and I need to tackle is getting
requests for proposals out on the surface water utility district so that we
Planning Commission f,leet i ng
February 6, t99L - Page 65
can get the consu.ltants on
takes up probably the rest
tel I i ng you that we 'l I , atthe next meeting.
line and helping us with that. That kind of
of that month so I'm a IiLtIe bit leery ofthis point that we can jump into those areas for
Emmings: okay, so there uron't be a second meeting in February?
Krauss: correct. Yes, we'II send out a notice to that.
Emmings: I have run, the second meeting of each month has been run very
well and very quickly.
Ahrens: I won't be here for the first meeting in Harch.
Emmings: Do you have a noLe.
Conrad moved, Ahrens seconded to adiourn the meeting- All voted in favor
and the motion carried. The meeting uas adjourned at 11:20 P.m..
Submitted by Paul Krauss
Planning D irector
Prepared by Nann Opheim
CITY OF
EH[NH[SEEI{
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMORANDUM
TO:
FROM:
DATE:
SUBJ :
Planning Conmission
Paul Krauss, Planning oirectorllC
February 27, L99l
Report from Director
I an pleased to announce that at 4:28 p.m. on Monday, February 25,
L99-, the Comprehensive Plan $ras forrnally subrnitted to the
Metropolitan Council for review. I hri1I keep you posted as to
progress and any problens that nay arise.
At the city council neeting on Monday, February 1l-, ]-99L, the
following items were cons idered:
1. The Zoning Ordinance amendment to allow emission control
testing slations as a conditional use perrnit in the BH
Distriit was approved with the second reading. As the
Planning comrnisiion may recatl, provisions in the ordinance
that would have alfov/ed sirnilar stations to be located in the
IoP District were elirninated fron the final draft of the
ordinance. Staff is currently in the process of working with
representatives from Systens control preparatory to their
tiiing the plat and pu[ing a building permit on the site'
The Planning Comrnission also nay be interested to learn that
the city of Minnetonka rejected systens controlrs proposal to
locate i similar facility on Cedar Lake Road between Hopkins
Crossroads and Old HighwaY 18.
2. The city Council was asked to authorize a feasibility study
for the upgradinqT of Teton and Lilac Lanes. Staff has been
workj-ng wiifr a devefoper who is on the verge of subnitting an
applicition to subdivide the 10 acre site o\^/ned by Mr'
ponovan. The Planning commission may reca11 that !lr' Donovan
was one of several- individuals in this neighborhood who
insisted that they would never develop their property, thus,
Teton Lane should not be improved and in fact, Teton Lane vras
barricaded to prevent the through novenent of traffic' The
city council heard fron several residents who naintained that
Mr. Donovan had told then that he was not selling his property
3
Planning Commission
February 27, l99l
Page 2
and wondered by the feasibility study was being done. staff
was asked to obtain fornal confirmation that there is actually
a written purchase agreement on the property. Action on this
item was rescheduled to the follolring neeting.
The city Council adopted a resolution authorizing chanhassen
to join an Environmental Cities Coalition. Jo Ann olsen has
been invoLved with this group which is comprised of a number
of individuals representing nany local units of governnent.
The organization was forrned to undertake locaIly sponsored
initiatives on environmental activities. rt is possible that
ordinance anendments and other actions will result from the
coalitiont s proposals.
The city Attorney gave an update of the lloon Val1ey
litigation. The city has been sued by Moon vaIley essentially
on the basis that it is their prernise that we developed the
new gradj-ng ordinance specifically to deprive them of what
they regard to be their rights. In fact, as the Planning
Commission is aware, the grading ordinance was designed to be
a comprehensive document and has since been employed to review
a number of permits including those that require interim usepermits as well as those that do not. Uoon Valley has refusedto comply with provisions of the ordinance that reguired themto obtain an interin use permit within 6 months frorn the dateof approval of the ordinance. The City Attorney has filed anaction to have the l,loon Valley suit disnissed and is filing a
counter request that aII activity on the site be stopped until
an approprj-ate permit has been obtained.
Eastern Carver County Transportation Study. Staff received
Council approval to schedule an infornational rneeting on the
Eastern carver county Transportation Study for the April 8thCity Council neeting. The Planning Cornnission and HRA are
welcome to attend this neeting. The consuLtant, HNTB, whoundertook this study as well as the County Engineer, Rogercustafson, will be present to discuss the document. As thePlanning Commission is aware, the Eastern carver CountyTransportation Study has been adopted as a component of the
Comprehensive PIan.
Staff updated the City Council on discussions that were heldwith the U. S. Fish and Wildlife Service and Minnesota DNRrelative to expansj-ons of the !,tinnesota River Nationafwildlife Refuge. As the Planning Cornrnission is aware, the
Comprehensive Plan proposes that all land located south ofHwy. 212/L69 be incorporated in the refuge to help achieve agoal of environmental preservation for a sensitive area. Bothorganizations indicated that they were receptive to thisrequest. The Council directed staff to subroit letters to bothorganizations formally requesting that they undertake actionto include these areas in their plans for the refuge. Copiesof the letters are attached.
4
5
6
Planning Commission
February 27, t99l
Page 3
At the City councilactions were taken:
neeting of February 25, ]-ggl , the following
1
2
First reading of a zoning ordinance amendment to amend Section20-576 (3) regarding contractorrs yards as an interim use wasagranted on the consent agenda.
Zoning ordinance anendnent to anend Section 20-41. by addinglanguage stating that anendments shal1 not be adopted ifrat ar6inconsistent hrith the Comprehensive plan was given on tiistreading on the consent agenda.
Zoning ordinance arnendraent to anend Section 20-406 regardingvariances to the wetland ordinance to fol1ow procedrjres a!stated in Division 3, Variances, of the Zoning olrdinance, wasapproved being given first reading on the consent agenda.
Zoning ordinance amendnent to revise the Fl.ood plain OverlayDistrict was approved by the Council on the consent agenda.
Zoning ordinance amendment to arnend Section 20-29 (d) changingthe filing of an appeaL to the Board of Adjustments decisionifrom L0 days to 4 days was approved by the City Council whichgranted first reading of the ordinance. The ordinance waspu11ed by councilwonan Dimler who was concerned that thedecrease in tine r^rou1d prevent sonebody that r{ras out of townfrom having an opportunity to appeal the decision of theBoard. A sirnilar discussion hras held by the planning
Conmission. Ultinately, it was concluded that there is tittlelikelihood that such a problern would occur and that this wasoutweighed by the inproved response tilre for the varianceapplicant. The ordinance was approved.
4
7
Final plat approval for Lake Susan Hills 6th Addition wasapproved on the consent agenda.
Authorization of updated feasibility study for Teton Lane andLilac Lane. Staff presented the City Councit with a copy ofa written purchase agreement betrreen the developer and Mr.
Donovan confirming that the property in guestion is in factfor sale and is likeIy to be developed. Jirn Ostinson, thepotential developer was also present. The Council authorizedthe feasibility study. No neighbors were present at thisneeting.
I Preliminary plat to subdivide 78 acres into 68 single farnilyLots located northwest of Lake Riley on L)rman Boulevard, JohnKlingelhutz. The Planning Conmission reviewed this plat lastfall at which tirne 75 lots were being requested. In theintervening months, the plan has been revised to accommodate
5.
6.
Pl anning
February
Page 4
Commiss ion27, L99t
final riqht-of-lray needs for the upgrading of Lynan
Boulevard/Lake Ritey Boulevard and a number of other
refinements have been incorporated. As a result, the number
of lots was decreased down to 68. The City Council approved
preliminary plat approval subj ect to conditions outlined by
staff.
Valvo1ine Instant oil change. Prelininary plat to subdivide
two parcels into one lot and two outlots, Lotus Reatty, site
plan approval- to construct a 1,238 square foot building and
authorize feasibility study for improvements to West 79th
Street fron T. H. 101,/Great Plains Boul-evard, east to the cul-
de-sac. Since the Planning Commission reviewed this itern, a
complex set of negotiations has occurred between staff, the
developer and the HRA. As a result, the original platting
request has been dropped and the entire area from Gary Brownrs
car wash back to the lots behind the Hanus building hIiII be
incorporated into a conprehensive subdivision as had
briginally been recommended by staff. This will be revi,ewed
by the Planning Commission at an upcorning neetingr. The HRA
has entered into a contract to acquire severaL parcels from
Brad Johnson and the developers have agreed to enter into
development contracts concerning the utilization of taxincrement revenues to pay for street and landscaping
irnprovements. The site plan was ultinately approved by thecity council after a protracted discussion on j.nternal sitecirculation and landscaping. Ultimate1y, the Council decidedthat the original access proposal rnade by the applicant waspreferable to an alternative design that he proposed which
incorporated traffic islands to direct f1ow. Staff opposedthe applicantrs nost recent proposal since it woul-d haveresulted in an overly large curb cut onto 79th Street as wellas very confusing internal traffic novenent. The council
spent a good deal of tirne discussing landscaping reguirenentsfor this site desiring to ensure that the standards were sethas high as possible. Staff had already proposed thej-nclusion of an additional 9 trees based upon conmentsreceived frorn the Planning connission. The city Councilultirnately included an additional 3 hard\4rood trees on top ofthe 9 trees that had been proposed by staff.
on Council Presentations, Councilman Wing discussedsubdivision reguirements vis-a-vis tree planting. He notedthat at the present tine the ordinance requires the plantingof one deciduous tree in the front yard area and his belieithat this is highly inadeguate. He reconmended that a minirnumof 3 trees be considered, at Ieast one of which be a mapJ,etree, which is Chanhassenrs si-gnature plant. This cornnent wasgenerally received favorably by other City Council nembersalthough Councilman l{orkman raised concerns with the city over
9
10.
Planning commission
February 2'7, L99l
Page 5
regulating an individrial property ownerrs rights. Staff wasasked to bring this matter up to the planning Commission fordiscussion and resolution. This iten is contlined within theLandscaping Issues paper that is being presented elsewhere inthis packet.
CITY OF
EII,[NII,tESEN
690 COULTER DRIVE. PO. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(512) 937-1900. FAX (612) 937-5739
February 19, 19 91
Mr. Jon Parker
Area Wildlife Manager
Ilinnesota Dept. of Natural Resources
Roon LoL, 223 Holnes Street
Shakopee, MN 55379
Dear Mr. Parker:
PauI Krauss, AICPDirector of Planning
cc: Tom Larson, U.s. Fish and wildtife Refuge
Attachnent: Land Use Uap
Last rnonth you and I spoke regarding potential expansi,ons of theI4innesota River Valley National Wildlife Refuge in the City ofChanhassen, This letter will serve as official confirmation thatboth ny Planning Cornmission and City Council have reviewed,such anexpansion and have asked that I write to both you and Ton Larson atthe U.s. Fish and wildlife Service to request that you bothundertake to expand the park boundaries up to the souttr side ofU.S. Highway 272- The City has promoted preservation of natural-environments in the Minnesota River VaIIey in our recently approvedCornprehensive PLan. A copy of that Coupr6hensive plan f,a-na itse Uapis included with this Letter. you wi1l. note that it shows aII landLocated on the south side of Highway Zt2/]-69 ultimately beingi-ncorporated within the Refuge. we understand that luch anexpansion of the park boundaries would be subject to fundingpriorities, but feel that such an expansion is in the long ternbest interest of the conrnunity and, as I stated, we see thii as aIong term goal.
Pl-ease 1et me know if tlere is anything eLse we can do to promotethis concept. We would be happy to work with you or otier DNRstaff in. any possible lray to achieve this result. Thank you foryour assistance in this natter.
sincerely,
CITY OF
EH[[IH.TSSEN
690 COULTER DRIVE . PO. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
February 14, 19 91
Mr. Thonas J. Larson
Refuge llanager
Minnesota Valley National wildlife RefugeU.S. Fish and wildlife Service
3 815 East 80th Street
Bloonington, MN 55425
Dear t1r. Larson:
As you uill. recall, you and I held discussions 1ast monthconcerning potential expansion of the lrtinnesota Valley Nationalllildlife Refuge within the City of chanhassen. I indicated to youthat a recently adopted Comprehensive Plan for the City iLLustratesa goal of having aII land located south of Highway t69/2Lzultimately incorporated into the Refuge. you indicated that youbelieved the Fish and Wildlife Service nay be receptive to tlisproposal and that you trould consider including it in an upcomihgfunding request. I am pleased to inforn you that j.n discussionsheld $rith the Planning conmission and City Council for the city of
Chanhassen, the idea of expanding the Refuge to these boundariesreceived strong support.
On behaLf of the City of Chanhassen, f look for}ard to working withyou in the developnent of the Refuge. We also strongly support thedevelopment of a trail system that uould be of direct benefit toour residents, as well as preservation of the l,linnesota RiverValley bluff Line and other inportant and sensitive environrnentalfeatures of this area.
S incerel
Paul Krauss, AICPDirector of Planning
PK: k
Mayor and city Council
lPfanning Comnission
Comprehensive Plan Background File
CITY OF
CH[ItIH.[ESEN
690 COULTEB DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
Dear DIr. Oberneyer:
As you nay be auare that there are several pending bills concerninghretland protection that are_ Iikely to -be ac-ted upon by thelegislature this year. The bir.rs ar6 based upon the cieatioir or ano-net Loss str-a-tegy tha! is supported by the City of Chanhassen.However, the bil1s contain what ic berieve to be seiious flaus thatwouLd undernine our ability to continue effective wetlandprotection prograns and vhich fourd greatly increase ttre conpreiiiyof developnent reviews and assocLated costs. ttre bi1ls apiear tohave been drafted with little or no understanding ti citygovernment invol.venent .with uetl.and protection or underitan-ing otuetland issues that exist in the netropolitan area.
I have attached a copy of a 1etter that has been sent toRepresentat_ive litu-nger, one of the blllrs proponents, outlining ourconcerns. r rrould app-reciate having an opportunity to discuss thisissue with you directly.
Your assistance In this Datter is greatly appreciated.
S incerely,
February 22, L99l
!1r. Robert ObetreyerBarr Engineering
7803 Glenroy Road, Suite 100Minneapolis, trlN 55435
Paul Krauss, AICPDLrector of Planning
PX: k
Encl osure
CITY OF
EII[NH[ESEN
690 COULTER DBIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
February 22, L99!
l{r. Conrad FisknessRiley-Purgatory-B1uff Creek t{aterEhed Dlstrict
8033 Cheyenne Avenue
Chanhassen, MN 55317
Dear llr. Fiskness:
I have attached a copy of a letter that has been sent toRepresentative tlunger, one of the billts proponents, outllning ourconcerns. I would appreciate having an opportunity to discuss thisissue with you directly.
your assistance in this Datter ls greatly appreciated.
S incerely,
Paul Krauss, AIePDirector of Planning
PX! k
Enclosure
As you rtay be aware that there are several pending bi.I1s concerninguetland protection that are like1y to be acted upon by thelegislature this year. The bills are based upon the cieation of ano-net loss strategy that is supported by the City of Chanhassen.Holrever, the bills contain rhat ue believe to be serious flalrs thatvould undernine our ability to continue effective wetlandprotection programs and which would greatly increase the courplexityof developnent reviews and associated costs. The bil1s appear tohave been drafted uith litt1e or no understanding of citygovernnent involvenent uith setland protection or underltanding oiwetland issues that exist in the netropolltan area.
CITY OF
CH[NH[SSE!I
690 COULTER DRIVE. PO. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (512) 937-5739
February 27, !99].
!lr. Carl Ohrn
Metropolitan CounciLllears Park Centre Building
230 East Fifth StreetSt. Paul , llN 55101
Dear Carl:
Severa.l weeks ago, you and I had a telephone conversation regardingMetropolitan Council Rural Area Policies relative to the City oiChanhassen. As you are aerare, we have been avidly follo ing thedevelopment of the new Rural Area policy document and are geneiallysupportive of much of its content. This Letter, howLver, i;written to specifically address a Datter that is peripherallyrelated to the Rura1 Area Policies, but cane to our attentionduring their discussion with Metropolitan Councit staff.
In 1986, as a condition of the Lake Ann Interceptor Agreenent, theCity of Chanhassen was obligated to revise our Zbning Ordinances inseveral areas. As a result, we adopted current state of the artstandards for on-site sanitary systems in the ruraL areas,including a requireroent that alternate drainfieLds be provided.Additionally, the City revised the ordinance to allow i naxinutndensity of no nore than one horne per ten acres. As a finalneasure, lre were required to raise the nininuro 1ot size to 21,acres.
The ordinance revisions required under the Lake Ann InterceptorAgreement renain in place and have been faithfully adhered to.Hor'rever, as a result of discussions on the Rural Arei policies, webecane aware that shortly after the city was obrigated to estabiisha 2! acre minirnum standard in the ruial areas, that a one acrestandard hras accepted as the standard by the liletropolitan council .Further, hre note that the current Rural Area policy documentproposes the e1i:nination of rninirnun area standards preterring torely on the actual ability.of local soils to allow f-or the properfunctioning of on-site sanitary disposal systems.
Pl anning
request
In light of this new flexibility, the ChanhassenConrpission and City Council have directed ne to fornally
Attached you will find a copy of the staff report and packet
concerning this request. You should also be aware that this was
discussed aqain with the Planning Connission in January of thisyear, vrhere they clarified that they wished to have the ninimun 1otarea requirement totally deleted so that in some instances thepotential. of a cluster disposal systen could be investigated foruse. I an also attaching a copy of revised language for the Lake
Ann Interceptor Agreenent that has been prepared by our cityAttorney that would bring about the requested policy change.
I realize that this request is somewhat out of the nornal contextof nunicipal/Metropol itan Council activities. I appreciate your
wil).ingness to assist chanhassen in seeing that this reguest is
brought before the appropriate individuals at the Metropolitancouncil. I woul-d happy to discuss this personally lrith you or
other nenbers of Metropolitan Council staff at your convenience.
S incere I
Paul Krauss, AICP
Director of Planning
PK3K
Encl osure
tlayor and City Council
Planning Conmission
Ur. CarI Ohrn
February 2-l , l99l
Page 2
that the I'tetropolitan Council agree to a revision in the Lake AnnInterceptor Agreenent that would eliroinate the 2l acre nininurn 1ot
area requirement. Our purpose in doing this is not to increase thedensity of developnent in the rural areas. We are fully supportiveof the l per 10 acre rule that has been applied over the past fouryears. Rather, we seek design flexibility so that nore
environmentalLy sensitive subdivisions nay be created. We alsonote that Chanhassen is currently in the process of requesting
Metropolitan Council approval of a new Conprehensive Plan and MUSALine arnendment. work done on this plan indicated problems with theregimented 2'.t acre nininuro standard relative to the futureincorporation of these subdivisions into the cityts nornal
development pattern as the connunity grorrs. It is hoped snallerlots could avoid this probl.en while being more envirorurentalty
sensitive.
RXVISED FEBRUARY 27, 199L
2
3
ONGOTNG ISSUES
comDrehens iv Plan Issues
1. comprehensive Plan Update
STATUS
* Adoption by cc 7/27/9t -Delivered to lrletro Council on
2/25/9L at 4:28 p.n.
1995 Study Areas - Work effortto begin after adoption of newComp P1an. Council isrequesting that this be
conbined with a Hwy. 5 corridorstudy developed by a joint
PC/ CC/resident/developer task
force
Staff directed to develop
scenarios - low priority
* Scheduled Discuss ion/Sta ffdirected to draft a potential
new zoning district ordinance -winter, 1991. Staff workingrrith staff of National WiIdIiferefuge. Requests nade to }InDNR
and US Fish and wildlife for
expansion of the refuge into
chanhassen.
Inactive
UnDNR undertaking accelerated
napping progran and will workrdith city to develop. New
ordinance/sprinq, 1991
schedule future agendawinter, 1991
Amendments to MUSA Boundary * See Above
Future Use for Areas
Outside the UUSA Boundary
2 Rezoning BF Dist. to A2Protection of Natural
Areas and blufflines
Sign ordinance
(Iow priority)
Tree ordinance - Mapping ofsignif icant vegetative
areas
Rezoning 2\ Acre r,ots to RRDistrict
computerize land use files,perrnits, conditions andexpiration dates on aparcel by parcel basis
3
4
5
6 Ongoing - CUPis conpleted
OTHER ITEI{S
1. Blending ordinance
7 Reappraisal on wetlandissues, ordinance and
mapping in conj unctionwith storm water managenent
and lrater quality plan
8. oefinition of structures
9. Shoreland Ordinance
10. Flood Zone Ordinance
11. Review legislation and
ordinance pertaining togroup hones
l-2 . Ordinance revision dealingwith requirement to post
signs of notice for
development
Staff processing a positionpaper to review wetlandordinance and enforcement
Budgeted noney for update 2year tinefrane or storn waterutility fund
*Issues Demo presented to PC
l.larch, 1991
In January we receivednotification froro the MnDNRthat we are a priority
comrnunitywitha2year
deadl ine
PC Revielr 2/ 6/91
19 91
*Signs acquired. First sign
has been erected on Lake LucyRoad - subdivision request
* Presented to PC - l1arch, 1991
Inactive
Inactive
CC approval on 1/27 /9L
*Winter, 1991 - Requestsent to Metro Council
PC deternined this
should not be pursued
Issues meno presented toPC - Uarch, 1991
13. Zoning Ordinance Amendmentfor satel.lites onRecreational Beachlots
14. Structures below OHWII nust
have a permit.
L5. Revision of ordinancespertaining to antenna torrers.
16. Zoning Ordinance Amendnentrequired by city councilregarding perfornance
standards for parking1ot setbacks and requirement forbuffer yards in IOp District.
17. Rura1 Area policies - ordinancechanges stemmingr fro:n revisedMetro Council policies
18. Ordinance amendment dealing withshops selling adult naterials.
L9. Develop updated landscapingstandards
*
20. Develop neh, PUD ordinancecontaining inproved standards
21. Pc input in Downtown Planning
and Traffic Study
22. Review of Architectural standardsto Promote High Quality Design
!t chanlre in status since last report
Consideration by Pcl{arch, 1991
19 91
1991
*
CITY OF
EH[I{H[ESEN
690 COULTER DRIVE . PO. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-s739
HE},{ORANDI'I,T
TO:
FROI"I:
Planning Cornmission
Sharnin A1-Jaff, Planner One
DATE 3 March 3, 1991
SUBJ:Zoning Ordinance Anendment to Section 20-263,Recreational Beachlots (T!ro Portable Chenical Toilets)
On November 'l , ]-990, the Planning Connission reviewed a proposedordinance amendment to Section 20-263, regarding portable chenicaltoilets on recreational beachlots. Issues were raised concerningsetbacks from the Lake, screening of the structure and firmlyanchoring the structure to the ground to prevent tipping. ThePlaanning Conrnission tabled action on the proposed ordinance anddirected staff to conduct further research. Chaiman Emmingsproposed that he would undertake drafting of an alternativeordinance.
Staff contacted BFIrs Portable Restroon Division who is one of thesuppliers of the City's portable toilets which are located in Lake
Ann Park. we spoke to their Special Events Coordinator, Ms. Myrna
Kraness to inquire about whether there is a way to prevent portabletoilets fron tipping. ![s. Kraness indicated that there are stakesthat are 3 feet long which are driven into the ground. Theportable toilets are rnounted on skids. The stakes are railed tothe skid on all four sides of the unit. This nethod is usually
used to firmly anchor the portable toilets. Staff inguired whethera portable toilet could stilL be tipped if sonebody tried to. Shestated that it wouLd be possible to move the unit if it was hit bya vehicle or a group of adults on each side of the unit(Attachrnent 2).
Chainnan Emmings invited staff to review a new draft ordinance forrecreational beachlots that allou portable chenical toilets. This
amended version will require applicants to appear before thePlanning Commission on an annual basis and permission would begranted for the time period fron June 15 through September 5 to use
a portable toilet. The consent of all residents using the beachlotwould have to be subrnitted to the city in written fonn. Thesetback fron the ordinance high water nark would have to be ?5feet. This version seems to address the issue in a fashion that
ZoA - Portable chenical Toilets
February 28, L99L
Page 2
vrould a11or,, staff to uorl< with each beachlot individually andassess each application on its own nerits.
A publj.c hearing on the ordinance was held in Novenber. Thus, thePlanning Conmission is in a position to act upon the ordinanceshould you so desire.
ATTACHI{ENTS
1. Staff Report and Planning Cournission ninutes dated Novenber 7,
1990.2. Memo from BFI Portable Restroon Division3. Proposed Ordinance Amendnent
C TY OF PC -..T8:
CC DATE:
CASE #:
sy:
LL/7 /9O
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90-9 ZOAA1-Jaff/v
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Zoning ordinance Arnendment to section 20-263,
Recreational Beachlots (2) Portable chenical Toilets
APPLI CANT :
N-s-
E-vt-
WATER AND SEWER:
PHYSTCAL CHARACTER.:
2 O O O I,AND USE PI,AN :
EH[NH.lSSEN
STAFF REPORT
PROPOSAL:
I,OCATION:
PRESENT ZONING:
ACREAGE:
DENSITY:
AU'ACENT ZONING AI{D
IAND USE:
zoA for Recreational Beachlots
November 7, l99o
Page 2
BACKGROUND
On August 13, 1990, a variance reguest uas heard by the Board ofAdjustnents and Appeals requesting installation of a portable
chernical toilet during the suEDer seasons on the recreationalbeachlot located on Uinnesashta Parkiray across fron Linden Circle,for Minnewashta Creek Homeouners. The Board of AdjustDents deniedthe variance unaninously (Attachnent *1). The ordinance currentlyprohibits the use of chenical toitets. While there was soDe desireto see the ordinance changed, it was bel.ieved that there wasinsufficient reason to support a variance. The City Council agreedwith this deterraination on appeal but instructed staff to prepare
ordinance amendments that would allo!, for chenical toilets if thiscould be done in an environnentally sensitive manner (Attachnent
#2) .
Staff contacted the Departnent of Natural Resources and the Citiesof Eden Prairie, Bloonington, Burnsville, Eagan, Edina, Uinnetonkaand White Bear Lake to find out lf there were any regulationspertaining to portable chenical toilets. Each clty that lrascontacted reconnended that Chanhassen not adopt such an ordinance
a:nendnent that nould allow portable toi1ets. These coroJlents weredue to environmental concerns and difficulty rrith nonitoring. TheCity of uinnetonka had a probleu uith a poftable toilet in 1 citypark rrhich was vandalized and tipped over into Libbs L,ake. fhe ba|was contaminated and had to be closed for the entire sunmer season.The Departnent of Natural Resources vieys the natter in a differentperspective.
Portable toilets are not addressed under the state shorelandguidelines, thus the DNR does not regulate then. Staff requesteda professional opinion fron the DNR. A letter fron then riltt Uepresented to the Planning conmission but they connended chanhassenfor trying to deal uith a difficult problen. It uas reconnendedthat the structure be set at least 50 feet fron the high waternark, that it be chained and anchored in such a fashion tlat theycannot.be easily overturned and that they uourd be pernitted undeia conditional use pen0it. The DNR staff suspect that the desire toutilize portable toilets rill increase in- the future as cor.onaccesses and outrots_becone Dore prevalent. staff has attenpted todevelop standards that recognize that chenical toilet3 havepotential environmentar and visuar iupacts. we also tried to dealwith the fact that their praceEent on recreationar ueactrtots-courafurther iurpact adj acent residences due to odor, noise, etc. Ihus,the follolring standards are proposed:
1. A 50 foot setback fron the ordiiary high water roark.
2. A 20 foot setback froD the side yard.
zoA for Recreational Beachlots
Novenber 7, L99O
Page 3
The portable toilet be firnly anchored to the ground.
The portable toilet be fully screened by landscaping.
The portable toiLet shal1 be cleaned as needed to avoid odor
and environmental problems.
The facilities shall be constructed of naterialssith the naterials uEed in ttre neighborhood.
conpatibl e
SI]I.IMARY
Staff continues to have concerns over the use of cheroical toiletsin close proxinity to lakes. However, the draft ordinance
amendment addresses the issues that have been raised to the extentfeasible. As drafted, chenical toilets wiLl be alloired byconditional use pernit and will becone part of the recreational
beachlot standards.
STAFF RECO}.O.{ENDATTON
staff reconnends the Planning conmission recoEmend approval of the
following:
Section 20-263, Recreational Beachlots ls hereby amended asfollolrs:
3
4
5
6
(2') No structure i^r}-! 1^ 5^l ! ^+, lry! LgvaE Lvr-E e,ice fishing house, canpertrailer, tent, recreational vehicLe or Ehelter 6ha11 beerected, maintained or stored upon any recreational
beachlot.
Add the following:
(15) Portable chenicaL toilets nay be pemitted onrecreational beachlots subj ect to the following minimum
standards:
Front setback - 30 feetside setback - 20 feet
Setback fron ordinary high water mark - 50 feet
The portable toilet shall be firnly anchored to the
ground to prevent tipping.
The portable toilet ehal1 be fully screened by
coniferous vegetation.
b
a.
c.
zoA for Recreational Beachlots
Novenber 7, 7990
Page 4
d.
The orrner shall be responsibte for servicing thetoilet as often as required to elininate odor and
environroental problems.
ATTACHMENTS
staff report dated Augrust 13, 1990.
Board of Adjustnent Einutes and city counciL ninutes dated
Augrust 13, 1990.
If a pernanent structure is built to house thetoilet, it shalI be designed to be compatible withresidential architecture.
1
2
CITY OF
EHINH.TSSEN CaSE #: /90-5 VarianceBy: \.'[:[affA
iA DATE: 8/L3/9o
CC DATE:
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Installation of a Portable Chenlcal Iollet During the
Recreational Beachlot Iocated on llinnesashta parkway
Across from Linden Circle &!0i l, Cq, r,-,.h*..
Itlinneuashta Creek Iloneormers Associatic/o cene and Nancy Christianson
6551 Kirkuood CircleExcelsior, MN 55331
PROPOSAL:
SuEner Season
I'CATION:
APPLICANT:
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PPSSENT ZONING:
ACREAGE:
DENSITY:
AE'ACENT ZONING AND
I.AND USE:
WATER At{D SEWER:
PHYSICAL CHARACTER.:
2OOO IAND USE PI,AN:
PUD-R, Planned Unit Developnent Residential
Approxinately 9,600 square feet
N/A
N - RSF, single fanl1y
S - RsF, single fanily
E - Lake l,Iinneuaahta
W - PUD, single fanlly
Avallable to the elte.
Ihe site le a rlparlan 1ot to Iake
Itlinneuashta.
Low Density Residential
STAFF REPORT
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section 20-263 (2) prohlbits
Daintained or stored upon any
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llinnesashta Creek HOA Variance
August 13, 1990
Page 2
APPLICABLE REGUI,ATIONS
a
portable chenical tollets to berecreational beachlot (Attach[ent
ANALY S I S
The applicant is proposing to install a portable cheuical toiletduring the summer seasons on the recreational beachlot ovned byHinnewashta Creek HoDeowners Association. f'he applicants believEthat the toil.et is necessary for the use of the beachlot and thatit represents a safety inprovenent since it rrould avoid havingpedestrian crossing llinnewashta Parkuay to use facillties locatedin their hones. The Zoning Ordinance prohibite such use. Staffconsidered anending the Zoning Ordinance to aIlov portable tolletsto be installed on recreational beachlots and contacted othercities to find out rhat their experience has been. fhe Cities of
Eden Prairie, Bloonington, Burnsville, Eagan, Edina, t{innetonka andI{hite Bear Iake rrere contacted and each reconnended that the Cityof Chanhassen not adopt such an ordinance anendnent that uouldaIlow portable toilets. The City of Uinnetonka had a problen witha portabte toilet$ in a City park being vandalized and tipped overinto Libbs Lake. The bay ras contaninated and had to be cloEed forthe entire sunroer Beason.
A variance uay be granted by the Board of Adjustnents and Appealsor city council only if aII of the follouing criterla are net:
That the Literal enforcement of thiB chapter yould cause unduehardship. Undue hardahip leans that the property cannot beput to reasonabLe use becauEe of itg elze, physical
aurroundings, 6hape or topography. Reasonable uee Lncludes a
use Dade by a najorlty of coDparable property uithin 5oO feetof it. The intent of thie provLsion ie not to alloi, aproliferation of varl,ancee but to recognl.ze that and devel.op
neighborhoods pre-exieting atandarde exist. Variances thatblend rith these pre-exieting ctandarde uithout departingdornuard fron then reet thla crlterla.
*Etrff rutr.y.A th. .a.r rithh 500 l..t ol thc b.8chlotrlA fouDc tro rddlttoDrl D.achlot. tLst rr. 1ocrt.6rlthh th. rurv.!' r4... !fh. tl|o rr. XlDDcl'rtbtt E.lEhtt
rDat Pl€rsrDt lor.r B.lohlott.. Eoth ooatrla r portr^D1.toll.t. llbaro tol.lot! pE.A.t. th. goDlDE oidlDelc.p.rtalDlaE to th. Dorcblotr, th.r.toaa, tb.t, lr.graDalfatb.r.d h. Strff Co.r Dot .atvocrt. tba ur. ottb.sa tyo . lrtllg Do!-coDfoaEltlcr to rupport gnathgtb. vrrlaDcr r.qu.rt. t. Doto tDrt uDlllc r.tbrclr
Ittinnewashta Creek HoA Variance
August 13, 1990
Page 3
c
The alleged
hardship.
Jppll.d to hot.t or C.ctr oD ngt lotr, r poat.Dla tollotla aot r prhclprl oa .co...or:' u.. o! r LorcLlot rDA irrpoclfically prohtbl,tod Dy tb. D.rcblot crtthraoo.
lhe conditions upon shich a petition for a variance ie basedare not appl icable, generatly, to other property rlthin thesaue zoning classificatlon.
r fb. coadlltl.our upoa rhl.ch tbir potltloD for r vrriracc Ltbrsod r!. rpplicabto E.D.raIly to otbcr propcrtl..r ulthiatbe cana roDiDg clualflcatloa. lthur, lt roula ott.blirha procedaDt for rll bsrchlotr.
The purpose of the variation is not based upon a desire toincrease the value or incone potential of the parcel of land.
* Tbis ato€a Dot rpp.u to b. th. crr.. Ih. rpDllcut i3rttoEpt-iDg to utilir-c tb. portabl. toll.t rs- -ra eleattybut this rlll Dot bav. . rlEnlflcrat .ff.ct oa laaiv!lues.
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* statf Dac dlfficulty ta ftattlag tb. Datalrblp. rt.tt tD.bcacLlot ru dosiglrt.at u e blrcblot, tLo-oraora rorifully rrara thrt postrblo brthroou! rr. aot r prrettt-Au3c; Irs.ri of thr brecL orD rtlll ura D.tDrool!- rt tIotrplivato ho!.r r! thoir honor u. loclt.d rftlfa raiiialalrtaDc..
The- grant-ing of th9 variance rlII not be detrinental to thepublic velfare of inJurlous to other rand or rnlrovinenis inthe neighborhood Ln uhlch ttre parcel la located'.
r Ih-._ graatlag of- th. varl.lacl rry b. d.trh.Dt.l to tb.publtc roltu. t!_tb-c port.bl. tlotfot tfpeia ovlrr-r,.f.t{ltDcrrsbtr roul6 -b.- Dollut.6. ta - iorpoaro, itoappllcaatr Lrv.. v.rbrtlt lDatcrt.d tDat tnc!- iouii ilvIth. tolt.t r.rvl_o.6 u fioEuoatry u rogulrJi;tti.t i;coul6 b. clrlaod tc- pnvoat ttpplag. ituo filrtottiqucatloa ot vlrurl llpact rlacJiorirlfe tofrlli;. ;;arttnctr,v. aor ooatl,rt.Dt rltb iorldcatlrl -a-""Jf opicii.
fhe proposed variation rlll not'lnpair an adeguate supply oflight and air to adJacent property oi.eGstan€iarrv iiEiaasethe congestion of the publ-lc itrelts or tncrtase;-fh;-;;il;;gf ,ey: or . endanger the publlc eafety or substantlailyqrDlnl.sD or ,.Dpair property values uithln the nelghborhood. -
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l{innewashta Creek HOA Variance
August 13, 1990
Page 4
1
2.
3.
llhc portrblc toilrt fu proporod to bc locrt.d to th.Dortbu.lt ol tb. prop.rty. It L. to D. grrtly .ca..D.dby .D orl, tr... Io tb. Dortb ol th. psopor.al loortr,oD ottb. port.Dlo tollot lr ta erlrtl.ag traco. t!b. lraopor.dportlDl. tollot ,l1l lot bpelr tb. .uppl, ot llglt rDdrl! to edJrcrat Drolr.rty but rl11 b. rD .y.roa. rtportlbl. tollrtr .r. lot ea rttnctly. .o.E..
*
RECOMI,TENDATION
staff is reconmending denlal of Variance l9o-5. Ite believe that ltuould set a precedent for all beachlots and that lt could posevisual. and environmental problerns.
If the Board of Adjustnents and Appeala andt City council choose toreconmend approval , then Etaff uould reconrnend the followingconditions:
The applicant ahaLl work uith staff to Ecreen the portabletoilet.
The toilet shall be anchored firmly.
The toilet shall be Daintal.ned and cleaned a ninirnun of twotines per week.
staff be directed to prepare an ordinance revision that uoul,dallou portable toilets on all beachlots.
ATTACTIII{ENTS
1
2
3
4
Zoning ordinance Section 20-263.Site plan shouing proposed location of portable toilet onbeachlot.L€tter fron applicant.
0 20.263 CHANHASSEN CITY CODE
(l) Recreational beach lots shall hlve at least two huDrlred (2o0) feet of lale froutege.
ft12) No structure,EIELt@igEIlgjlSl.ice fishing house, cemper, trailer, rent, recrea.
tional vehicle or shelter shall be erecied, maintained or stored upon an] recreational
beach lot.
(3) No boat, trailer, motor vehicle, including but not limited to cars, truchs, motorcycles,
motorized mini-bikes, all-terrain vehicles or auowmobiles shalt be &iven upon or
parked upon any recreational bcach lot.
(4) No recreational beach lot ehall bc used for overnight camping.
(5) Boat launches are prohibited.
(6) No recreationat belcLlot shdl bG ueed for purporea of overai3bt tcqe fi ovcaight
uooriag of aore 'l'.. thre (8) notorizcd or aoaruotorizcd wetercrall, per docl. If a
recreatioual beachlot ir allowcd uoe ^hen oae 0) deh horcvcr, thc dlowed auober
of boau aay b€ ctustered. Up to three' (8) eailboat mocia8e lhdl .f& be rllo*ed.
No,Eotori2sd watcrcraft guch ar canoeo, riadeurfcn, eailboardg ead roall Eilbosts
aay be etored overnight oa ray rweational baechlot if tlcy ere dced oa racts' rpecifically deeigaed for that purpos€. No aore thaa eir (6) wrt€r.r!ft, Ely bc atored
oa a racl.. The aumber d racts rhall aot crceed the aroount of don3e DeaalaalT to
perait one (l) racl rlip per lot rencd by the bcecLlot; horcvcr, ia ao ceec rhell 6ere
be oore thaa four (,1) raclr pcr bcechlot. Docliag of other *rteranft o raplraea is
penniasible at aay tiroe 6tlgy rhrn eyglaig[1.
o) The maximum uunber of doclg on ! rccreetioDer belchlot it three (B). No docl, rherr
be permitted on any reoeational beachtot ualees the beachlot E€ct! tbe followiug
conditions:
a. Shoreline of at least two buadred (2@) feet per docl, eadb. Area of !t least tbirty tbouaaad (90,0o0) rquarc feet for tle first docl aad adtli.
tioDal ts,enty thousaDd (20,$0) rquare feet for eech ed&tionet docl.
(8) No recreational beech lot doct lhdl qcced rir (6) fiet i! width, ud ao arclr itock
ahall erceed the grclt€r of fifty (60) feet o the trini6rrrr rtraight-liae digt&c€
necessary ro reach r water depth offour (4) feet. Th: ridt.h (but not tbc leafth) of the
cross-bar of uy 'T' or '1," rheped del rhalt bc iacrudcd ia thc computetioa of
length deacribed io the preccding aeateacc. Thc cror+ber d uy euch doct rhalt uot
Deaaure in ercess of twcngr.fiva (28) fcct iD LDgth.
(9) No dock aball encroach upoD .ny docl lct.becl rouc, providod, howcvcr, thet the
owaer of any t*o (2) rbuttiag leleahorc ritea ury crcct oac (l) ooEEoD docl ?irrrin
tbe dock rctbact zone.ppurt D.Dt to ttrc ebuttiag leterhorc dtce, if tte couraoa
doct is tlre only docl ou tre tro o) taleehore ritra aad if tho docl otherrire coafomswith the provisiors of this chapitr.
(10) No sail boat mooring ahalt be pernitted oa ray rurrtioual bcach lot ualels it h.r !t
least two hun&ed (200) feet of late hoatqe. No uorc thea one (1) eail boat mooriry
ahall be ellowed for cvery two bundr:d (2m) fect of Lle &oatage
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' June 26, 1990
Desr Planning Cc,mission,
He represont the ,'llnneHashtr second rnd Third Addition l{cneonne rsAssociatlon. xe are a group of 43 hcrneorne rs rho Jointly oyn and nlintaina beach outlot on the east shore of Lak6 xinneyashta, Thor6 ar€ currently40 occupi€d hsnes ln vhlch 63 adults lnd 57 ch.lldr6n res.ide.Approrlmately 60f of those fmilles use the borch outlot regulrrly, On atypica] weekend, families r€{rui n at tho boach outlot an averige of 5 hourslonger if the yerther ls particularly rann. B€sides th€ lnnuatAssociation picnic in July, mlny lssociltion famili€s host farnilyreunions, birthday plrties, and snalI cor0pany plcnics rt this b€rch lot,
The Association represents cornunity-mi nded peoDle yho lre conc€rnod aboutthe environment. He have deoonstrated respons.lbllity by maintaining aclean and vell grooned b€ach outlot. He have provided containers iorrecyclables. He also employ a natural llyn servlce that uses only organicmateria] to f€rtil ize our lavn. He do not yant to h!r,n Lake xinnerishtaHith unnecessary pol I utants.
The Associatlon is requesting r vrriance to zonrng ordinance section20-263' specifical-ly item t2 vh'lch does not allo, i portaule ch6micaltoilet to be €rected, mrintained, or stored on lny recreation!l b€achlot. l{e are asking for this varlance for the folloying .easoni.
I' l'linnewashta Psrkyay creltes a pot8ntial hazard to any p€destri8ncrossing it. Although thor6 .is r plint6d crossH!lk andpedestrian crossing signs posted, most yehicl€s lgnore th€m, rndfey motorists obey th€ posted 30 m.p.h. cpe€d llmii.
2. Xe believe ln a clean snvi ronment and a clean llke to sylm in.Ihile ye yould hope all boach us€rs yould trko th€ tiiE to 90home lnd u3e thelr orrn tol'lot fsclllties, H€ knou this is nothapgening, Esp€cially rlth $!lI ch.lldren rho usullly .run outof tlme'. The portable chemicll toilot cq1psntei rc travecontactod hlve lssurod us that the unit rouid be cleaned anininm of once per rcek or iorc ofton lf d€€mod noc€ssrry.
3. Th€r6 yould b€ no cost to th€ Clty of Chanhasson. Th€Assoclation vrlr assr.rne alr costs for tho rentrr rnd mrrntenrnceof ! portabla clrqnlcal tollet.
Due to the lrck of ! crty lrntlined rocrsationlr facflrty rn or nclr ournei ghborhood, re feel our rsquest is fair lnd r€asonable.
Please consider our appeal lnd grant I variance that yould allor us toplace a portable clEmical toll€t on our beach outlot for su l€r s€asonal
use only. Attach€d you ylll flnd a Dap of our boach lot rhlch lndic8testhe selected location of th€ poftab'le toilst. Plosse not€ th€re {s aIarge tree rhich Hould protect 1t rnd hide 1t fron the vlev of Linn€rashtaParkHaY'
6r nc6r6l y,
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Cen6 Christonsen, President
Lancy , Co-Pres ident
Xinnelrashta Cre€k Hclneorners Assn.
I,IEMBERS PRESENT:Jay JohnsonWillard Johnson
Carol l{atson
STAFF PRESENT:SharDin AI-Jaff
PauL Krauss
I{il1ard Johnson opened the ueeting.
Yariance. reouest for instaLlation of a oortabre chenical toil.et
9grlno tne suntner syi::aeuasltapulkr"r, ."!o.. . fro. l,ind.ffi cr..khomeowners- shannin Ar-Jaff presented trre@Johnson opened the public hearing. Nancy Christenson,representative of the Minnelrashta creek Honeownels association,indicated that the Association plans to screen the p-rtablebathroom. when they first createa this specific beachl6t therewere five fanities living in the neighborhood, today there are 60families,. the rnajority of uhich use the beachl.ot.- innenashtaParkway is a busy road. There is a crossvalk but it is alwaysignored. she indicated that the toiret can be chained to preventtipping. They do not pl-an on putting it in this y."r lri-tf,.y .."reguesting that approval be gianted-for next yea-r. They pian onputting it in starting Me:norial Day through Laior Day.
The. type of fencing_ i9 SoinS to be a redlrood fence and Nancychristenson indicated that the beachlot is very werl naintained andthey plan on keeping it that way. They dj not wani to -become
offensive to anybody. I{ir.lard -Johnson- indicated ttrai- rL nasreceived cornplaints about city portable toilets at paris itr.t rr.r,.an offensive snerl. Nancy chlistenson indicated ttra€ it -n".a u.,they vi11 clean the toilets every day.
Jay. Johnson indicated that in the staff report there was anincident uhere a toilet vas tipped in uinnetonia and whether paur.xrauss vourd elaborate on that. paur Krauss said that riuus raxels located at the far southeast corner of r,ake uinnetonxi. Thecity naintains a beach and one night a vandalisn i"cii.ni t""xplace where trro portabre toirets v6re tlppeil i"iJ t-t"-uii-] rrr.bacteria count was very high as a resurt ana tu-y rr"a-io liose tirebay for the entire sunmer season. paul xrauss aiso indica[ta trr"tthis rnight . not be the case in rake uinnewisrrii.--- Thecharacteristics of rake uinnewashta Dight be different l'rran tnatbay, but the chance of vandalisn is stiil there.
Jay Johnson uanted to know the differ'ence betrrreen City and Drivatebeachlots. He indicated that there is no ai.rieien". ulti"!ri-" c:.tybathroon -apd a private bathroon. ne saia tnE -irr"-Eitv'Jrroura
,start rrorkirg -on an .environmentaL ordinance. rt does not have toDe a part of the zoning ordinance, but that is the direction staff
BOARD OF AITT'STMENTS AITD APPEAI,S UINUTES
AUGUST 13, 1990
Board of AdjustDents and Appeals MinutesAugust 13, 199 0
Page 2
should go uith creating an environroental ordinance. paul Kraussindicated that the difference betueen a prlvate bathroon on abeachlot and a City bathroon on a beachlot ls the City nonitorsportable bathrooDs in parkls on a dally basis; and has directcontrol over then. In a case nhere it ls a private beachlot, thecity uould be faced sith a difficult inspectlon probleD. irayJohnson recounended that staff take a look !t the City as a uholeto see r{hat is a teDporary use and tror it ls nonitored such as onJuIy 4.
Willard Johnson cLosed the public hearing. ilay Johnson Doved to
deny the variance. carol tlatson seconded the notion. Al.I voted infavor.
Jay Johnson moved to request staff to further lnvestigate portable
bathrooms and create an ordinance pertainlng to portable bathrooros.Carol l{atson seconded the notion. Al.L voted in favor.
Approval of Minutes: Carol Watson Doved to approve the ninutesdated July 23, 1990. Willard Johnson aeconded the notion. Allvoted i.n favor.
Willard Johnson noved to adjourn the neeting. Jay Johnson secondedthe notion. AII voted in favor.
City Council l'leeting - Augu-t 13, 1990
ACARO OF Bros :UTILITY TELENEIRY SYSTEII -PROJECT 90.3.
llayor Chniel: gho's 9oin9 to address that 0ave?
Dave Hempel: Hopefully there,s an individual fron OSH hare this evening.
Oean Sharpe: Your honor, rernbers of the
ldith 05H consultants. lle prepared the p
received three bids for this projcct on
3270,596.00 to a high bid of 31128,687.00pre-qualification of bidders. te chcckedin projects of this nature and such. te
three of them did so. The lou bid ra filike this before and are presently scrvi
Eentec.
Council, [ly naae is oean Sharpe. I,m
].ns and specs f or t his project . tie
JuIy 27th. Thly r.nge fror a Ion bid of. I hi.s projrct utilizad
rcfcrcnces bcforahand. Past axperiencepre-qualified four parties to bid and
nd to be rcsponsivc. Havc done projects
ng the City and re racolnend erard to
llayor Chmiel: Thank you. This is sonething that f have bcen hoping for us toget for a long tine because over the overall run, it,s 9oin9 to save us a lot ofdollars. A lot of labor and a lot of truck tin!. A lot of chccking everyrrornings and rabor costs are 9oin9 to louer in itscrf so r c!n,t aeke the aotionat this particular tine because re're lacking to have 3 aerbers here. rf one ofthe council people can hear it, I,d }ika then to core back in hcre rhercver theynay be. T on?
Councilnan Johnson: fell,
vote on it.re can rake the .otion and the sccond. Ue just cen't
hayor Chniel: Right. I'll rake that rotion.
Councilnan Johnson: I,ll second it.
t'layor Chmiel: It's beeh rovad and srcondld.here? 0h Ursula. Never rind.
Councilnan Johnson: Just say yes Ursula.
Ton Uorkran, can you cone in
llayor choielr rhere's a rotion on the floor rith a second to approva the auardof bids for utili.ty supervisory control rnd date acquisition prbjact-Xo. fO_g.
Bgsolgliqn lr9-10r; , i.yor Ch.icl tovcd, Councilran Johnson second.d to !I.rdthe bid for tha Utility Supcrvisory Control .nd D.t. Ac$i:ition iSCrie)- Srct".to B.ntlc in the arount of iz7o,5t6.oo. trl votcd in fevor rna tii iiioncarri!d unanirously -
NC SI LA
Councilnan Johnson: At the Board of Adjustrcnts lnd Apprlls tonight rc daniedthe.petition. Although ther! ras r Iot of s.nti.ent that thc uJi-oi ci"iic"rtoilets at a beachlot ray be appropriate versus thc usc or ita-iitc'rJi-ir,e sar"reason that the chenical toilet,s used. But r? rcnt ray b.,rond this beachlot tosav vell ue've also got these at a1l of our city parks.' rhisi.aji..ni-io
2L
City CounciL tleeting - Augus. 13, 1990
uateruays and everything else. That it ray not be the zoning ordinance that
should be totally controlling port-a-potties or chelical toilets and that,s rhyI've asked for it to be on the Council Presentation tonight so re can get soneaction on Iooking at the overall use of portable potties or chemical toilets
throughout the city. The people are still here frol the Association I see.
llayor Chmiel: If anyone uould Iike to cone foruard and address Council in
regard to your particular project.
Nancy Christensen: l.ly nare is Nancy Christensen. I live at 6561 Xirkrood andI'n the President of the Association.
llayor Chmiel: You're auare as to the position,'that the Board of Appeals has
revieued your subject nalter of a port-a-potty on your beachlot? As it appears,
there seens to be sone inadeguacies throughout the city and I really sort of
agree that ue should revier,r this to coDe up uith a conclusion and I think thisyear is probably alnost gone by the rayside unfortunately but this is sonethingthat r,re can have at ]east an ansuer for this, at lsast for next ,rear's beachlot
so unless you have sonething else ,rou'd Iike to say, ue'II be lore than happy tolisten.
Nancy Christensen: tlell, it's not necessarily have a lot to say. I.have sonrethings to say. That !,e have about 60 fanilies using this beachlot. lte reallyfeel that it urould be better for our ecology to have a portable chenical toilet
on site rather than use the lake, the bushes or rhatever rhich is rhat people
do. llinneurashla Parkl,ay is alaost an inpossible road to travel or to cross andit's really difficult to send small children across it. You can't do it. tte
have a crossualk and it's ignored. The 3 years I've lived there, not one person--
has ever stopped for ne or ny children. So for that reason ue feel that it's
sone!,hat of a hardship not having a toilet doun there. Sonetires there's really
large gatherings and ue don't have, there's nothing there. tJhat do re do rith
100 people and that's ehy re're asking for a seasonal use pernit and that's it.
Counciluonran oimler: I do have a question. 0n the tro lots that are there that
uere grandfathered in that do have chenical toilets, can sorebody address how
that 's been uorking out?
Nancy Christensen: tlell I have a letter fron then,
Counciluoman 0imIer: Are they seasonal?
Nancy Christensen: They're seasonal and the peopla I've spoken to frol there,
the President and the secretaries, they said they've never aver had a problea,
It's just there like the sand is there. Like the uater is there. People .xpectit to be there. They've never been abused.
Councillonan Dirlcr: And nobody's tipped it over? fhe {!ars that rera voiced.
l{ancy Christensen: Io. And our beachlot uc plan on probebly, I'r not surc ifthis ue uill do it right aray but rore than likel.y re'II put. cellnt slab dorn.
Stake it doun and put a fence around it so it c.n't bc seen. It can be cleanedin 2 hours notice. I nean it riII autonatically be cleaned once a reek.probably tuice a ueek, especially in the ronths of JuIy rhen it,s rcally rarr.
2?
City Council tleeting - Augus. 13, 19?0
I hean today uhen I uas dor,rn there, there rere probably 25 people doun there.
llos t of them children.
Councilnran [.iorkman: llr. llayor, is this something that le can act on tonight?Is this something ue're going to act on?
Councilnan Johnson: I have it al.so under Council Presentations but re can roveit to this point just as casily and direct staff to Iook into it.
Itayor chmiel: Yeah, I think it rould be good tor you to aove that up right nou
Jay to this particular one because it's one and the sane. So raybe if you,djust reiterate,
Councilnan Johnson: llell basically re rant to ]ook into cherrical toilets
throughout the city. Construction sites. tJhere should they be located? you 90into a construction site and they Iocate it right next to the creek. Setbacks
from r,retlands. Property line setbacks. The rhole use of cherical toilets atthe 4th of July celebration and rhatever. Nunbers for the nulbers of people.
llhat uere the problens in these other cities that they don,t reconrend them
being on beachlots even though they have them thenselves on their city parks atthe beaches. I'm not sure if the one in llinnetonka got throun in ttre lake orjust dumped over and it ran into the ]ake. They don't carry that tuch stuff in
them.
solved
be visi
t here t
But
by
bLe
orJ
if it's a natter of it getting throun into the lake, that can be
anchoring thenr and requiring it to be anchored. you can require it to
from the street, There's lots of requireaents that can be put onhere you knou, if it's nore visible it's ]ess likely to be vandalised.
councilman Llorkman: visi.bilitv is one of the problens peopre see rith then.
l|ayor ChmieI: L,e've had ours in the city park, Greenlood Shores park for theIast 3 years and ue've not had any probleos lith that.
f,ounciluoman Dinler: And re have a hoDeouners lssociation too rhere a rot ofpeople think it,s going to be a good idea to put one doun thare.
Councilnran Johnson: You don't have one at yours?
Counciluooran Oinler: l{o, re don't. But a lot of pcople ask about it.
councilman Johnson: yours is a bigger holeorncrs association than thcirs. AIot bigger lot too.
Counciluonan Dinler: Right.
Councilnan Johnson: The thine is, therc,s going to have to be a rinirundistance back from the rake rnd all kinds of ruics and rcaulations on ior to aothis before !e start granting ther. Th.t's rhat Pr proposing that ic iook intois lhat are those rules and regulations.
Counciluonan oinler: Grcenuood Shores has had one huh? Hor they'd get it?
llayor Chniel: It's a city park.
?3
City Council lleeting AugL 13, 1990
CouncilEran l,,lor kma n:Cit y's dif ferant.
Counciluoman 0irnler:I don't like that. I don't like that.
llayor Chmiel : That 's point that I brought it up youI guass I don't understand.
T he
Ah,
the knou. The City parks
have it . Beachlots can't.
Counciluoman Dinler: Free uater rnd cherical toil?ts.
But the one at Carvar Bcach is right up nrxt to the road.you cah service it and it,s probably 50 foot fron that
Councilman Johnson:It 's the only place
nearast house,
Hor aany
Private
Bot h.
T here 's
be.chlots on Lot us?
or public?Councilooman 0isrler:
Councilman !,lorknan:
Carver 8each. There's ours. fhcre,s ! public
ilayor Chmiel: Three that f'r uarc of.
Councilnan Johnson: 0h, rore than that.
Counciluoman Dinler: A public end tro privatls that f knor of.
Councilnan Johnson: There's tro privrta next to you and than thrra,s a private
over on the other side.
Counciluoman Dinler: That's right but they don't do !n),lhing to keep up theirlot. There's another privat! one that is not krpt up ycah.
Councilnan Johnson: There's rt laast 3 privatr baachlots on the !.st side thatI knou of .
?1
I
Counc il r.ronra n 0imler:
landi n9 .
Councilnan Llor kna n:
Brian Uindschitl: Jay, iy nane is Brian ltindschitl. f liva at 659l JoshuaCircle and I don't knor,r if it uill halp you at rII but I fcel cvcrybody has a
bad taste for chenical toilets. Thcy've core r long rays. tf they're tipped
over right nou, they're spill proof unl.ss thcy'r. totally overused. l,tostpeople think of chenical toilets as likc rhcn thcy 90 to the Stlte Fair or lnyfunctions uhich they're over usad trctcndously. I rork construction so I,r rith
them all tha tine and uithin 2 hours I could havc sorcbody out therc tnd take
care of it. I;ean if sorebody corrs in to r..nd tclls re that thay don't likethe odor or they don't Like hor dirty it is in thcrc. in 2 hours I can have
somebody out there and hav. it clcaned so I think .ost of thc pcoplc tndprobably you people, the only tii? you sr? thrn is !t {th of July function or
State Fair rhere like I say they'rr just totelly ovcr uscd. fhry'r? not .s bad
as they have been 20 ycars !9o. I nrln thly'vr-cor! ! long rrys and thay arr
designed to be stakad doun. Thcy hava thc holcE right in tha runncrs. Kidsdon't even care to tip then ovar. That kind of rrnt out rlth the trist too.
They're too Iazy to tip theo ovrr. You knou thc othcr thing that re kind of
City Council Heeting Augus. 13, 1990
Councilnan Johnson: She's dead. One is.
l'layor chniel: I{ you got a cornent fror therc you'd be. fhank you. Jay, do you
uant to finish lhat you rere saying?
Councilman Johnson: Yeah, I do agree that the technology of chenical toilets
has changed a lot. I ras just at the Star of thc l{orth gates lnd they oust have
had, or not Star of the [orth. USA Cup Socclr Tournaient and thcy tust have had
40-50 of those things everyuhere but they had a truck continously going around
emptying them at that thing. After spending soie tire in the rountains recentlyrith uhat they call the pit toilets, no running rater or anything. Just abuilding and the pit undernealh it, this is ! vast inprovcrent over that. ygut reaction uithout actually getting rn)r rcal study on this is it's better offto have a chemical toilet the proper distanca auay fron the property line andthe lake than it is for the kids to 90 in the lake and create a uari spot.
Councilrran llorkman: I'd like to iove this along. I think ue all understandthat this is getting into the dog you knoc rhat scooper rule here. f,. sureeverybodv's auare and the hoh.ouners are euare of the aesthrtics. The potentialpollution problenr. I think re have to be very careful about, because once you
say 90 on this, you're 9oin9 to say it. Ue have 1l lakes or so and so it's
9oin9 to be a big irpact and so I think re,rc all sylpathetic to the situationout there and what kids do and shat even sone adults do rhen it's ]at? andthey're drinking beer and everything else. And so I just think re should bevery careful about hou, and I think that's rhat thc Board of Adjustrents rassaying that uhy did the Council in the past sayof these toilets. If there's been changas endat them and ure should change rith the tires ifdelicate situat ion I think.
. thc ordinancc in fact say none
innovations then re should lookit's prudcnt but it's a vrry
Resident: Are fou talki
about or are you talking about the Cit y?
aPParently the
apparently.
city park's not
ng about all siua braches? Is that rhat you're talking
Councilnan llorkman: Uellput them anyuhere ue rant
Councilnan Johnson: 0ur
Councikonan 0iaIer:
Resident: ...private
Councilnan [,lorkman:
nany.
City has special privilcdgcs. Ue can
a beachlot.
Ycs it is.
accass beaches?
Right. I'. just seying it,s not Just one S.t.Ilit.. It's
25
feeL, being on the far rest end of toun is, re don't raally have a place for our
kids or for that natter for us to 90 and that is our park out there and there's
a chemical. toilet on every park in the city that I b.Iiave and I don,t really
see a problem. tle don't have, I notic.d in the Eoards of Appeals there they
said that they thought that it right be too close to the neighbors. Uell, the
neighbors got the ]etter and there's nobody here that rould have a problet rith
having it out there so I trean.
City Council tleeting Aug.-t 13' 1990
Resident: UeIl hou nany times has this been
associat ion that uant port-a-potties?brought to you by another private
Councilnan llorkman: l,le]l Ursula's has said that they uant one.
Resident : So t hat 's one?
councilman Llorkman: r'n just saying, uhen you open up the gate then it,s goinsto happen probably everyuhere. I can sit here and predict sure but I lean.
llayor Chmiel: I don't knou if you're auare but re do have presently a City Codethat does read, no structures, portable chemical toilet, ice fishing houses,
caDper trailers, tent, recreational vahicles or shel.ters shall be erected,
maintained or stored upon any recreational beachlot. lJe have to change the Codefirst of all but r think Uhat re have to do is look into it and study trhat,s thebest !,ay fc, us to 9o about this to lake sure ue're not causing any tore given
problems tl,;, uhat could exist. f guess that's rhat Ton is really say right?
councilman lJorkman: Yeah. rn addition to decks and everything erse because ue
haue those variance requests all the tiae and re have to say look al theoverall And again, it doesn,t F.::n I,r against you having a, I,II refer to itas a Sate]Iite, out there but once ue say yes, then that's a part of the Codethat's going to, somebody's going to cone in uith a deck and rora the other side
and aLl the uay around and it's 9oin9 to be. And so the overall protection ofthe lake is uhat I'nr looking at.
flayor Chmiel: Not according to our Code. Ue'd have to change the Code first.
Resident: But rdith that Code, uould it be taking into consideration that seeingyou have a 45 nph, uhich everybody drives ZO rph speed linit and you have a
crossualk that these people are supposed to sloo doun at and you've got a trailof snall children, 8,000 laun chairs, 2 alligators trying to get then acrossthis crossr,ralk and it's very dangerous. I,ve called and conplained to thepolice department because ny kids have alnost been picked off trying to get
them. You kno!, they've got to pee and you don't rant thco peeing in the lake
and it sounds trivial but it is a frightening thing to a srall child and re'vegot like under 9, ue've got about 50 kids out there. It,s a real frightcningthing. It is. You cah't say ueII just run hone and use the bathrooo or run
hone because you have to be there to ratch those kids to cross that ralk. And
even the policeman that I talked to said hey, re're not out here and unless ueget complaints, they don't come.
ilayor Chmiel: f've sat out oh llinneuashta Parkuay several different tires
uatching the speeds and not having a radar gun unfortunately, I rould say yes.
There are some cars that do exceed their lirits.
Resident: You knou re don't havc the sideualks and re don't have the bike paths
and re don't have those other things so, and being that the park is across the
highuay, uhat iother is 9oin9 to send their children. Right across TH 7, ratch
26
Nancy Christensen: You can't say it's alright to use just lerporaril)r on atri.aI bas i s?
City Council tleeting - Au9 t 13, 1990
out for the seni's and you can go pla)r not knoring uhether they're going to cone
back or not.
Counciluoman Dimler: Plus if you had nore kids, you're not 9oin9 to leave the
other ones at the beach unattended so you have to take then all. It,s terrible.I've been t hrough it.
Resident: It is very nuch so.
Councilnan Johnson: Basically uhat re're saying is tro fold. One is, h,e don,tbelieve it deserves a variance to the zoning ordinance in this case. Tuo, re
believe ue need to knou under uhat conditions ue should have then. Uhat
distances from the lake, Oistance fron lot Lines. l,le need I ore study. Ihird,you're not 9oin9 to put it up this year anyray so there's thetiie involved and Ithink that ue uant to look at it this year over the linter ronths and get
something going so that next spring this can be addressed. It ray turn out that
ue uant to sav that anv beachlot rith rore than blank farilies on it has to have
one of t hese in t here.
Nancy C hr i st ensen:
sPring?
So you'll be able to give us an ansuer by perhaps next
Councilman Johnson: That's r,,hat ue'II be shooting for yes.
llayor Chrriel: That,s uhat I,d try to do, yes.
Nancy Christ ensen: 0kay, t hat ,s fair.
llayor ChmieI: Thank you.
Nancy Christensen: Hou uill le know?
Counciluoman 0imler; tle'11 put it on the agenda.
llavor chmiel: tJe'Il put it on the agenda again to discuss it and if you'd leaveyour name and address uith paul and paul uiII rake sure that you have that.
Councilman Johnson: I believe ue've basically given direction to staff. htedon't really need to vote on that.
llayor Chmiel: I don't think ue need any rotion on this.
oon AshtJorth: No, because the Board had acted on it.
IEIIAXIILTERATIOI{ PERHI-I.EgR IIIERIIIGIRENOVIXG UEGEIATIO}I Iil E CLASS B 9ETLE]{DLOCAIEO IX CURRY FARNS SUBOIVISIOfl. JOYCELYII HUGHE'.--------------.--
Jo Ann 0lsen: You have the report rrith aII the history and this has bcenpresented to )rou before. ue did send it to the planning conoission rho-fclt tobe consistent ,,ith past action and rith rhat the ordinaice "tit"", ttt"yrecommended denial. They did not feel that rhat ras being p.oposed r"i animprovement to the !,etland.. rhey did not agree that it s[ouro'ur-p"i.iti"a.They sort of .l.eft it yith direction to tha ipplicant to further tork rith oNR,
27
City Council lleeting Aug. . 13, 1990
Fish and ttildli{e and yhoever to see if thcre uere a uay to retove soDe of thevegetation in a nanner that rould be seen as an ilprovenent to the retland. In
speaking uith the applicant, they still ranted to pursue it through the CounciLto get fuII action to see exactly rhat the Council diracts thea to do. I,lIjust throu, out !,hat ue did. lJe ca.e up rith a survey for the retland shouing
the perj.meter and the square footage. Ihe applicants are proposing to clear
a!,ay the vegetation on the easterly side opposite of rhere the city parkland is.
Rather than get into the rest...
tlayor ChnieI: And the direction on
l,ould it be south of that?
that Jo Ann, uhat direction fron city park?
Jo Ann o]sen: No, they're directly east across the retland froo the city park.
llayor chmielr UelI the one south is Class A. Alright.
Jo Ann Olsen: This is an old plan that kind of shous the parkland. Anotherissue uas that there uas discussion rhether or not the applicants should berequired to pay the $25.00 application fee. Ihere are tuo applicants eith this
and one of them has paid and Joycelyn hasn't bccause she ras given directionthat thal uould not be required. I axplained that that r,ould be really a
Council action also uhether or not to see... So you can also act on that
tonight.
Councilnran Johnson: $25.00? The 325.00 yas paid?
Jo Ann olsen: Yeah. 325.00 has been paid fror the 8carrood,s...
Counci.l.man Johnson: Is it one application or tro applications?
Jo Ann olsen: T!,0 separate applications. Thera !r! tro saparrt?
Councilnan Uorkhan: Are you through?
Counciluoman oimler: I do have one question Tor. Oid you rant to
conDent. I have one question. I rissed the reason rhy they rantcd
vegetation. 0id you say anything ebout th.t?
Jo Ann 0Isen: The applicant's rlason?
Counciluonan 0inler:
Iots involved.
go ahead and
to cut the
l'layor Chmiel: llaybe
and your address.
Yeah.
if re have thc rpplicant cora up.nd pl.ase st!t. your naie
Lynn Hughes: t'ly nane's Lynn Hughas. tly rifc's the ona that sub.ittrd therequest, tlhat ue uanted to do is re $ntcd to rltrr the propcrty. or ourproperty right behind us that's clessificd !s. rrthnd. lthen te originally
Purchased the ProPerty 2 ,rears ago, it ras shorn that it ras e dreinegelasenent, There uere no cattails. l{o build up ol any klnd of vegetation. uejust lant to go doun there and clcan lt up. Ue don't rant to altcr it. Ur rantto bring in some beauty to it rith rildflorcrs. tJa'd like to get sore ducks inthere. l,le'd like to get all kinds of rildlifc so that,s uhat te,rr trying to
28
Planning
November
Commission Meet i ng7, 7990 - Page 8
Uildermuth:
f eatures.
Probably replacing the architectural features as landscaping
BatzIi: Second.
1 The applicant provide stafffeaLures of the office wiIIaddition.
i ndicati ng how the landscapingto the production p1a nt
with a plan
be extended
5.
(.
The applicant shalL provide additional Colorado Greensouth entrance Ieading into the southerly parking lot.Spruce along the
Corn; I y, with condjtions of approval of staff'scf the parking Iot expansion (Attachment ).
administrative appr ova ).
The applicnat shall obtain and comply with all conditions of thetJatershed Distr ict permit .
Uorking hours shall be betr^reen 71OO a,m. and 5:OO p.m. ],londay throughSaturday with no work allowed on Sundays and holidays.
Tc, guarantee compliance with the conditions of approval, the applicant -shsll furnish the City with a Ietter of credit from a bank or a cash€scrorJ in the arrount of $6,OOO.OO. The security r.,ilI be released bythe City upon satisfaction that the conditions contained herein havebeen compl ied with
All voted in favor and the motion carried unanimously-
PUBLIC HEARING:
TS
PubIic Pr ese nt :
Na lTre Addr
Gene & Nancy Chr istensenPresident , Mi nneNashta Creek
Homeowners Association
6561 Kirkwood Circle
Sharmj n AI-Jaff presented thepubl ic hearing to order.
staff report. Chairman Conrad called the
Nancy Christensen: f'm Nancy Christensen and I Iive at 6561 KirkwoodCircle and I'm the President of the Hinnewashta Creek HomeownersAssociation and u,e earlier requested this variance and h,hatever else r.,easked for- r've been urorking on this thing for a long time and r guess
tlildermuth moved, Batzli seconded that the planning Commission recommendapproval of Site Plan IA8-3 and Conditional Use Permit t86-2 for HcGIynnBakeries for expansion to the production plant erea and refrigerationequipment room as shoun on the site plan dated October 16, 1990 urith thefol loui ng conditions:
Planning
Novembe r
Commission l.4eet i ng7, l99O - Page 9
uhat I'msituati.n say i ng
I thank
is I'
you
just
a nC
m extreme). y pleased withfor her recommendation.
Sharmi n 's help on this
Thank you.
Conrad: Thank you.
publ ic hearing?
Any other comments? Is there a motion to close the
Batzli moved, tlildermuth seconded to close the public hearing. All votedin favor and the motion carried. The public hearing oas closed.
Conrad: Steve, I know you're opinionated. I'I1 start at your end.
Emming=: t^J e get into a different kind of odors on this one. I think I,mki.nd of in favor of at least trying this, tle've got a letter here from the
Oepartment of Natural Resources I know and they seem to be a little learyof doing it but recognizing that it's something that maybe is coming and Igues: m) approach would be a little different than is presented in thestaff report. Or'e thing is I know that u,e have severa] of these in thecrt, a+. the present time. tle have beachlots trhere they have set them up.Jn fa:*- you l-'ad one last year. tlell, I say one on there.
Nancy Cl-,r'istensen: For a while . CoupIe h,,eeks.
Emmirrgs: Yeah, and I think they have one at Greenwood Shores didn't they,or did I see that in the staff report? And I know there's another one on
Lake Mjnnewashta. The Minnewashta Heights folks have one dourn there andthat r,r::: there alI this past summer. And I don't knour if we got complaintsab.ut jt. Have Ne ever had any complaints about these?
0lsen: I heven'! heard any.
Emrri ngs: t^Jhich to me maybe suggests that it's possible to find a uJay to dothis but I guess I would not, at least initially, I think ue ought to be
very ree'-rictive until we get a little more experience with it. I don'tthirk it ought to be a permitted use. I think it should be a conditional
use and that we should look at each and every one of them and that also
thaL aI]ous, they have to give notice to neighbors so neighbors can come in
and give their opinions about them. I don't think it should be a permitted
use.
AI-Jaf f ; [^] e are recommending that it be a conditional use.
it says here. It says.
conditional use and this is an amendment to
Emmings: UeII that's not what
Krauss: Beachlots though are
the beachlot ordinance.
Emmi ngs: Oh , okay .
Krauss: So somebody that comes
uJant to do this, you would have
ln'
to
if you have an existing
have a modification...to beachlo! and
the beachlot.
Emmings: Alright, then ]et me ask you this then. If it's a grandfathered
beachlot and they want to take advantage of something that's allowed in the
ordinance, do they have to then meet al] of the conditions of the?
Planning
Noven be r
Commissiorr l.1eet i ng7, 7990 - Page 10
KrausE: Not necessarily. tJe talked about this this afternoon. I can onl>-tell vou what ure've thought about this. The grandfathered use does nothat,e a CUtr okay? Having a toilet added represents what I view as anintensification of a non-conformity. The way to deal with that is to make-the offer of a CUP availabl.e. If it's a CUp, they can legitimitize thebeachlot,. change the status of it recognizing that you may in fact urant toapply. I mean when you're intensifying something, uhen you're legitimizinqsomething, I view it as something of a tu,o Hay street. They,re coming in -to ask for a toilet but you may have aspects of that beachlot that are non-conforming that you would like to see made conforming or at leest made animprovement to as a condition of getting the cup. r think that under the -CUP yor-: would have the leverage to do that.
Conrad: But is there anything allowed withinis no structure to my knor^rledge in Chanhbssen.
75 feet of the lake? There
Emmings: tlell canoe rack maybe. Something like that.
t"li Idermuth: And a dock .
Emmi ng;: : tJel. I wai t . Ne don't have enough rules and I'm getti ng to what I -think th: rules ought to be. One thing is, here you,re p;tting basically estructure xitl-,in so feet of the shore and r think the shoreline, r thougitthe shcrelanj ordinance, r didn't Iook it up but r thousht the Shorelandordinarrce sa)'s there can't be anything u,rithin 7s feel so r don,t know whythat nurnber wouldn't be 75. r'd get them back away from the h,ater.
Krauss: yeah, I guess I couldn't argue that. I mean certainly thestruct-ure setback is zs feet. rs this a substantial. structure? t"te couldcome up h,ith standards that uould theoretically allow the placement ofchemical toilets but realistically not and I'm not sure whether 5O feetversus 75 feet is honerous enough to do that but at the very least we feltthat the 50 feet was sufficient to guarantee the physical separation forthe anchoring in the case of spillage and it b,as the recommendation of the -DNR, if I recall. It h,as more of an environmental constraint. rf youuanted to go r.rith the 75, I don't think ure'd oppose it. I'd just ask youto make, I don't know the situation with aII the beachlots. r mean they,revar ied and they're.
Emmings: That would be but thoseAnother thing is I don,t know why
real
isn
differentt limited but anyway.time. I take it-
arethis to
as
me
to
Emmings: Okay. Because you know that, f think that Minneulashta Heightsbeachlot is only 25 feet wide so there's a whole bunch of things theyobviously couldn't comply with in our ordinance but on the other hand Ithink thaL's a good comment. UeII, then there,s no doubt that if it,s aconditional use, that's important to me that we look at each and every one-of thes.-. Another thing is that I don't know why.
conrad: I don't understand that though. The conditional use. Therefore, -becau:e vo! applv for a beachlot it is assumed that you can have, it's notIi.ke vou're looking at it. As long as it meets the rules that have beendescribed here, basically it's there. So in other uords, if you grant the_beachlot status arrd you meet the 2 or 3 rures that ue've got, it's thereand that's.
P).annin9
Nove mbe r
Commission Meet i ng
7 , 1990 - Page 11
that they're going to lease these units from somebody who then is going tomainLai.n them and r don't know whv we wouldn't timit this to say June 15thto August, end of August because that's the onJ.y tj.me people are using theproperty in any concentration that f'm aware of. I think, then you talkabout a trermanent structure being built to house the toilet but I'm notsure urhat that means. In (d). To house this unit that they rent to housethis 9atel11te type unit?
Krauss: I think we were lrying to cover aII the bases. f mean portabletoilets seem to come in two different types. I mean you either get th3Satelljte type that's nrolded in the factory and they plop it on the site oryou get something that's, you knou a chemical toileL that can be instaltedin a bcat or recreational vehjcle or something else. Using the later, we'dlike tc have a sLructure that looks like it fits.
Emmings: tnrell there for sure we want that 75 feet back I would think. It^rould. And I would think that that strucLure, uJe'd want to have separateaFproval on thet too. Or that it would be approved as part of this. Okay.I guess I think there are beachlots that exist in the city where we
wouldr' 't.uant to see one of these because they're so small that there's no
way to keep it from impinging on the neighbors and I don't think, this is a
conl,enierrce item and to me it takes a lower priority than thd pleasure ofthe neighbc'ring residential owners. So I guess what I'd put down here,I r^rrote a little intent section and f also added sorne. And the intent Ithirik i-= thaL, I Lhi.nk it should 9o something Iike this. I don't knor,r.This ir risht c,f f the top of my head but it is the intent of the City of
Chanhas:=n to aI]ow chemicaL toilets at beachlots so long as the
maintenance and use of these toilets have no undesireable impact on the
environ;r,erit , residen!ial neighbors or Iake users. On Lake t',tinneuJashta
where I live, we've got I don't know how many beachlots but there's got tobe I dor, 't knoi.r. Do you know how many? 4 or 5,6? And I don't want todrive around the lake and see a Sate]Iile from the lake looking into it,
see a Satellite on every one of those. It could be quite a few and Lotus
has quite a number don't they?
Conrad: A couple.
Emmings: ft's more than that from what I read in here. I don't kno!,, butit sounded Iike. It is being allowed primarily for the convenience and
safety of children r.rho often cross busy streets to return home to usetoilets. It is recognized that maintenance and use of chemical toilets on
some s'Traf I beachlots may be inappropriate because they cannot be adequate
screened from residential neighbors or Iake users. Then f had another
condition which was the conditional use permit may be revoked if there are
complaints from residential neighbors. If Lhere's any violation of the
intent of the ordinance or if there's any evidence of failure to maintain
the toilet to eliminate odors and pollution. So I guess overall my point
is that I think there's a good reason to have them for a short period of
time during the year and that if we could be very restrictive about it, aL
Ieast initially, I could get behind it.
Ahrens r t^Jhat trould they do? Come in and tor..r them away?
Emm i ngs: Hel I
out there thi s
see , you lease these
summer didn't you?
things. Now you leased the one you had
F',lannIn:
Nove mbe r
Commission MeeLi ng
7, 1990 - Page !2
Nanc/ Christensen: t,el. I someone in our Association had...
Emmings: Okay, so you lease them and then you have a pumping agreementurhere they service them and aII of that and I guess I see this as asituation r"rhere that urould be the way to do it. Have it there foy 2 !/zmonths because I can teII you that from r.latching, the ulay people use theIake' there's verv ]ittle use of the lake even in August, The end of Jurreand JuIy it's used very heavily and then it tapers down real fast. Even atthe end of JuIy. In my experience. But if it was there from June 15thunLiI when people returned to school the end of August.
Batzli: The season's kind of Memorial Day to Labor Day.
Emmi ng=: But I teII
BatzIi: r^Jel l I know
the heavy.
hearry use is.
my thunder so I'm just going tostaf f and that's r.rhy, if everysaid don't get into it. Don,t
You
the
Emming=: The heavy use is right aroundreell;' sl.arts falling off. At Ieast onobservation. But anyway, that,s Uhat I
the 4th of JuLy and after that it
La ke l,l i nnewashta . From my
wou ld -
Cor'rad: Okay. Good comrrents. Brian?
Batzl i : t^Je I I he stole all
r hetor j ca I question of the
comrnunities that we calledit. tlhy are we doin9 it?
ask kind of a
one of thedo it. Don't do
Krauss: L^tho was saying don't? Oh, the cities. t,ell to be honest, f meanthis is, w" are not incredibly excited about the specter of dealing withanother issue on a lake. you know it's one of those things that you'dprefer that it 90 awav and never happen but it is happening. we've beenasked to deal urith it in the most ef fective uay ue know hor.r. As to !.rhyother communities have not dealt Nith it, r don't knou,. sometimes Lhesituation is different. sometimes you don,t have the recreational beachlot-that the common use on some of lhe lakes. I don,t know why othercomnrunities haven't confronted it. tJhen r get calls from other plannerstoo, r mean vour reaction is to air on the conservative side. rf you don,t-kno!.J the answer, then don't do it if you don't have to. weJ.i, we've beenasked to do it and so He've done what we can to make sure that it,s done assafelv and as sensitivery as possible. rf the ordinance goes ahead likethis' it's something that we courd administer and we could ri"e ruiir,. - -
Batzli: t,ould it be helpful at a]I to require that if in factthese things are ]eased, and I assume that most of them trouldbe appropriate to have a copy of the contract on file with ihesomething? To make sure that they're-
Krauss: Franklv, r would prefer not. r mean Id prefer to deal. with theowners cf Lhe beachlot and not who they contract r^rith. In my vieur theowner's liable for the maintenance. The owner's liabte for ihe conditionsof approval. However, they obtain compliance ulith those conditions isreallv their business- rt presents a little bit of another ]ayer ofadministraiion for us and I'm not sure that it,s necessary.
most ofbe, would itcity or
l
Planning
Noven,b e t-
Commission l',leet i ng7, l99O - Page 13
Batzli: tJho then is responsible if there is some sort of, ifover into the .Lake? you,re goi.ng to try to hold the beachlotresponsible for that?
they tip it
owners
Wi Idermuth: The Association.
Batzli: The Association?
Conrad: And what's the penalty?
Krauss: l"lell I don't know. That's the concern. I mean I raised theinitial concern when I Has Nith the City of l,,linnetonka you know we had oneof these things, or several of these things tipped into a bay. Now it wasfron a city park but they were not anchored and were vandalized and tippedinto Libb's Lake. Libb's Lake does not flush very readily from Minnetonka.It's the easLern most arm of the lake. As a consequence, for the rest ofthe season, for a month and a half, that lake was unswimmable becauseth....count. was too high. I don'! know r^rhether any of our Iakes in
Charrhassen ezhibit the same characteristics. They don't have that kind ofa ba,' sLlucture certainly with a narro!^J IittIe inlet that Libb's Lake has.
l.Je are taking the active approach here in requiring that these things beanchorei so hopefully rather than dealing with the aftermath of a prob.Lem,
we can tr'), to avoid the problem in the first place. And h,e've also gotthe ph>'sicaI separaLion from the Lake uhich if it's 75 feet, particularly
more tharr 55 feet, you knoH these things don't have a tremendous amo,unt of
cap:,- ji',. an,C by the time it gets Lo the Iake, hopefulLy a IoL of that willbe i r-rt.)'cepted by grass or sand or whatever .
t,lildermuth: Bel ieve night thinking about this.
conrad: With aII theportabLe toilets.you e,ere thinking about
t^lildermuth: About whether or no! this is a good thing or ue should be
looking at somethins like this and f guess f came to the same conclusionlhat Steve did. That it's probably rdorth Hhile looking Et and it'sprobeL.Iy something that maybe who's time has come for these beachlots. I
r^lould favor a time limit and I ulould like to see the whole concept }!.mitedto a portdble structure only. Nothing permanent so Lhat lrould probably
mean taking (d) out of there. Reference to a permanent styucture.Especially if we're still goins to look at 50 feet because that kind ofviolates everything else that uJe've got.
it or not I laid
political stuff
awake I ast
goin9 on,
Batzli: I think these things are a favorite target of college, hish
school , rihatever aged kids. They seem to be fun to tip over. I know thatthey're tippeC over frequently at CrescenL Beach in Shorewood/Tonka Bay.Nhatever that F,ark is actually in. I was familiar with the one in Libb'sLake. It seems to me that you know in those instances you're talking abouta city owned park and you should have more control over it and yet theydon't seem to have any control over it and for us to require the beachlot
or^Jners to control it, I don't know if that's going to be effective or not.That's why I'd almost like to see them, this may be out of the realm ofpossibilities but post a bond or something. I like Steve's additions if uego ahead with this.
Planning
NovemL,er
Comnission Meet i ng7, 7990 - Page 14
Bat:li: gorTre of them do have like a fence like stockade type approach witFa little entrance and the back- swings open so they can take it out. Nor,rthat's tl-,e kind of screening almost that you may or may not airpreciate overthe proposed screening but.
l,Jilderr,uth: I think if I uere a neighbor I,d want to see vegetation typescreening as opposed to some kind of a fence. I think that's pretty welladdress.ed in (c). FuIIy screened by coniferous vegetation. I don't know -Hhat the time limitation on it should be. Staff can decide that. If it,sLabor Dai, to Memorial Day or Nhatever. Or l,temorial Day to Labor Day,whater,,e:- it is. But I think there should be some kind of time limit on it-and I would like to see it restricted only to portable structures. Andwould this be revier^:ed on a case by case basis as it's currently proposed?This ordinance? so vou'd have a chance to look at aII these grandfatherecllots?
!sa: Yes. Each one
a pu5Iic hearing.
would have to come before you and make their case
Conrai: E.rt you'd apply the rules that you lay down now.
Kra
[,J i I cie- r :: ,.: t !r : Right. Apply these rules. The beachlot associationI be)or,=- tc, I think if they came in for one we,d probably deny itit's a-, o,CC conf iguration and it just, I don,t know how you could
sone *,hin.3 Li i.re that and satjsfy the neighbors. That's all.
because
do
I dcn't have a real strong feelings about this but you knor,rf there's a need for this ue should be ]ooking at it. I,ve heard -discussion tonight about the appearance of them and some beachesare too smal. I and some beaches are big enough to handle these and it seemslik: u;,''r: get!ing into such subjective criteria in determining where they':l'oul: he and rihere thev shouldn't be and if a neighbor complains and the>, -shouli be taken out. r have a lot of problems raith that. r think that ifwe have arr ordinance that says that they.re allowable, then I'm surelhere's children on aII the beachlots and I,m sure there's a need ifthat's. traul said Lhere's a need because there's children who have to usethe portable toilets when thev're out there and lhen steve says he doesn,t!,rant to see them on every beachlot as he's riding around on the lakebecause of the appearance of that. I mean how are He going to determine?Everv other lot or vou knour, 2 out of 4. only half the. beichlots get thembecause more than that would be aesthetically ugly or how are we going todetern,ine that? rt seems to me that if we're going to allow these thingson beachlots, we're 9oin9 to just have to allow them. Either that or wJsay on.Ly on beachlots of a certain size.
t,riIdermuth: tjerl, r think that some of the conditions that are put in Ithere are going to preclude that because .if the beachlot that ue have onLotus Lake were to come in and ask for one, the thing would end up havingto be ]ocated in the middle of the tennis court and it just doesn't work.
Ahrensi Because of the setbacks?
Uilderrnuth: Yeah, Because of the setback requirements. The fact thatthey have to be fully screened I think is some kind of assurance tha!.
Planning
Nov e mbe:
Commission Meet i ng7, 7990 - Page 15
B:r,:li There has
Ahr e r,s: l.lhy can't
to be at Ieast one opening.'
they just pl.ant things around it?
they can.tli Idermut h: hel I
t^J i Idermuth: The visual impact .
Ahrens:: I think that r.,e should be concerned uith these so close to theIake but on the other hand if people need them they need them and I think
we should provide them. I imagine we haven't had a lot of problems with
therir on r.:ith GreenwooJ Shores because nobody can get to lhat beachlotany!.lei'. It's probabLy never even used except for 2 or 3 people a year.
LJho ra I t. 4 rri.l. es down f rom CR 17 to get to it ,
tJilderi.,.jth: Uho knows it's there?
Ahrer:: Yeah, right, But you know I do have a problem with it. I guess
Steve, maybe you could explain ulhat you mean if there 8re compl.aints.I mee: u)s g€t a lot of complaints from a lo! of people and some of them
hai,e son,e merit and a lot of them don't. If an association is approved forput:in? cne of these things in and a neighbor maybe, I don't know do they
have to be risht next door to the beachlot or are they across the lake fromthe L,e-cchlot. If they say I don't like the way that looks, then do ure pull
i t?
Er'ri n.:;:: I r.rould presume that if a person that, uell first of all. You
r,r:i:.]. j erj should come in before t.te permit it because they're going to haveto, tc Ec+- a corrditional use permit they're 9oin9 to have to give notice tothe n.i?hb.rs that they're planning to put one of these things in and
ever; L,od;' pretty much knous what they look Iike so you expect to see those
neighbors in here complaining then. And frankly, I'd have a hard time
unLess the association, if you have a neighbor who says I don't want to
Iooli ou:. I don't mind looking out my window at people playing on a beach
but I dc mind looking out my Hindow and seeing a blue hut there that people
are going in and out of constantly. I don't r.lant to do that. I'd have a
hard time, unless the association could tell me how they uere 9oin9 to
screen it in a Hay so that that would be the satisfaction of that
homeowrrer, I would say they don't get it.
Ahrens: t hat if thev come in after the lract?
Emmi ngs: After what fact?
already granted.
comes in?
neighbor who I ives
and saying uhat?
Ahrens: After it's
Emm i ngs: l.,iho? Who
Ahrenc: tleII some there .
Errrni ngs : Comi ng i n
Ahrens: They don't like it. They don't like to look at it.
Ahrens: So you're saying the setback requirements will Iimit the number.
Planning
Noveri:-.€ r
Commission l,leet i ng7, t99O - Page 16
Krauee: If I could. Anybody can make a complaint against things at anytim: anC the most r^le can do is follow up on that. And if it's a complaintthat r.re can't resolve at a staff level that h,e think is verifiable, we'llbr.ing the ilem back before you and the Cj.ty Council to re-evaluate ifthev're violated the conditions of the approval . And if they have r you caryank their permit.
Ahrens: r like the intent statement that steve added onto this but r thinkthat maybe the rest of the urording may be a little too restrictive.
Emmi ngs :
this, whithis, I t
I guess
ch f 'm nhink ue
my notion is just that if lre're going to venture intoot sure ure should, but if we're going to venture intoshould be real restrictive to start with and if they turnout to be no problern, maybe we want to make it easier for people. But it'-goirrs t. L,e l,arder to go back and get more restrictive. HeIl, it nright nott':. : sl-.ruldr-r ''. say that. I was thinking it would be harder to get morereEtric'-ive later. rt's harder to take something away once somebody hasit- 3u'- if there's a demonstrated problem, r'm sure we could find a way tc-Cc tl:i.
Ahren5: Th6t 's al I I have.
Cor,: a,i: T !-rE n I :. Joan ,
!.lilJ.:-rnutl-, : Doesn'! Steve want to make this motion?
ConraC; t.le]l, I have a real tough time with this one. I think a casecct:I:l be m3dtr for allowing them on cerlain properties but r don't see therestrictiveness vet which r think everybody has said. There are just soman;' negatives that can occur. It's just one of these things saying uhyare He doing this in the first place. As many outlots as we have oibeachlot-s, ure reallv haven't been, that have been in existence for 1o-1svears, r reallv hatren't heard all that much demand for this. The notestha'- we have from one resident who has. you really have to be ulithin 3SOfeet of the beachlot to be a member of that beachlot and r guess m not.
Emmi ngs: 1 ,OCO isn't it?
conrad: Ah, it is 1,ooo. But even so, that sti]I doesn't seem to be a biginconvenience to me. Yet on the other hand, I think I could be persuaded iiwe had the right restrictions and we don't right nor.l . on the sideyardsetback, if somebodv put a chemical toilet urithin 20 fcet of my propertyI'ine d go wild. r just, r'd go bezerk you knot,r. That is so far awayfrorn what uJe're intending. A beachlot of a priviledge. rt,s not a right.rt is a priviledge, not a right. rt allor^rs more people access which is a -priviledge on thaL lake and uhatever that means t.o different people. ItrealIy is an important difference yet here you can't impinge on theneighbors r.rith the volume of people. I ian consider designing an ordinance-lhat saic that if beachlot or4,ners, if members of the assoiiation are of'-het beachlot r.,ere on either side of the beachlot, then m passif ied alittle bit because they're part of the process. They're pari of thedecision making process or the process that the owner who' subdivided thisland i.rr the beginning had to deal r.rith when he subdivides it but if thatbeachlot is abutting on individual residents that's not part of thatParticular recreational beachlot. r think we don,t have the conlrols right-
Plannin:
I'lov e nLe r
Commission l'4eet i ng7, 79?a - trage 17
rrou.i. Sc i.ihet I 'm saying, without belaboring the issue, 5O f eet is not.tJeIl, I can't build a Iittle leanto within 75 feet of a lake and thereforethe E3 foot in our current recommendation has to go to 75. It just has to.25 fooL from the sideyard doesn't make any sense to me at aII. That,sjust, I just don't want that. There's got to be more protecting aneighbor. I think the length of time that Steve said is important. Ithinl., there should be a penalty or some recourse L,orked into the ordinance.I think the porLable toilet has to be colored to be, you know I've seen aIot af ugJ.y ones that aren'! necessarily the prettiest things in the r.rorld.I'm not sure what firmly means. Does Lhat mean it's on a slab? I guess mybottom line is I don't see anything I can vote favorably for tonight so if
somellod)' Hanls to make a motion and uants my vote, the best they can do isto ta!,le it otherwise I'Il vote no.
Fr,:';ii nge : l.^t !-.; ! wor.rld you do, can you teII us r.rhat restrictions you'd
=. r.'):e r.,: could put something together here or do you want to Nork
uJ a rr+-
on it?
Conr;,j: I think I said the things that I felt.t-h:t beachlot l,ras surrounded by other members orvot: fcr tl::t.
I think if surrounded, ifproperties, then I could
Er.,ni rg:: The trouble with that though Ladd is in the subdivi.sions uhere
yc r h.,- beachlots as part of your subdivision, the neighbors on each side
are r- ". g,art cf the beachlot. They have their own beach. They have their
c,;:- L:i::h:r:5r that's, so right away that doesn't exist. But the realprci-l e:' l-ere is thet c,rr most of the older beachlots, see now r.re've got to
hav-. 2l'l f eei on lakeshore. You've got quite a bit of space to work i^iith .
3,OaC ecr.re feet but on the old ones they're all, some aye 25 feet r.lide. Ithir,l tf ;^- i,r,e on Lake l.{innewashta is 25. Hor.r wide is yours? Hour much
LaLe:l,c:e haJe you got?
Clrr i.teisen: ft's 95 I Lhink.
Emmi ngs :
a home.
Yeah, and there on that one you've got on one side of you there's
Gene Chr i stensen: Both sides.
Errmi ngs: BoLh s i des?
lakeshore Frr oper ty or
use of thie.
Conrad: See in Lha! case I would have to, the only h,ay I h,ould grant
something in that case Steve r.rould be if the neighbor agreed. That's the
only wat I wou.Id do it. One, I've got Lo be satisfied that environrrental. Iy
r^,,e've taken care of the situation. There is a reason the other communities
haven't allowed these and I don't think we should be real naive. It's aprc5l.er,. Tipping over and maintenance and smell and you knou, the smells
cf cher,ical toilets are not great. l.le're talking about l''lcGlynn's, I don't
uJar: t. be next to that smell. Nor.J there are Nays to solve that problem.
I!'s not that it's absolute but it's a rea] pain. Administratively we're
creet.ing a pain for the city. If ure have to monitor. If r.re have to deal
wit.h this. f can visualize a need but again, I would have to look at it on
a case by case basis. I urould have to inform the neighbors and if they
felt it r.ras offensive, I would have to decline. I would have to reject the
They are private homes that have no, they're
nothi ng to do r.rhatever r^rith that subdivision or the
F'.lanrrlng
Nci.e rnb er
Comm i ssion Heet i ng
7 , 1.99a - trase 18
just chal lenge urhat firmly.say. Is that a concreteto stay. If it's screened,
Conrad: UelI no, i.f it's firmly and I guess IIn thjs draft it says firmly and that's what Islab uher= it's bolted down and then it's goingwhat does screened mean? One tree.
Co:-rrad: But see that's what, if we're going to put the ordinance i n.
^L----says fu.LIy screened.
ad: Okay, so one tree on each side? And r.lhat kind of tree? I,mir:-: pick:' but again, you've got to have that down. If you wanL to havenditiorr:l use permit, you've got to know urhat you're talkins about. Nor^r_n.i t!-iat i,re're going to get different dimensions of the.portable. Ller.rh=t j t .i s . l,Je know that iL's this big by this big so what are wei r.: at or:t-? f guess I,d prefer to be as definite as possible if He HantI lc-,r; it . I';r not reaL convinced I Hant to tarnper with it but if the-.-," c'f you feel it's worLh responding to Lhe City CounciI's neel , then:nk ri: shculd put some specifics in here to deal urith it. yes sir.
I:
Canr
get t
aca
k nori
C::- Clrist-ensen; I think I feel the same r.ray as you do asI r,ear, cb."ious)y if I lived there I wouldn't like it eithertaJ[in3 about putting trees. you're just talking l tree orI'rn pa:r, cf lhe association, I urant to hide it just as much!":.''- L: :ia h: i t Iook nice .
far as looks.but you 'r e2 trees. Be i ng-
as you do. t e
conra.j: And that's where r urant to leave the problem because you'Il takecar= cf iL because you live there and that's realry r.lhat r want to makesure of . f r.,a nt to keep out of this mess and let the association take careof iL but what happens in those situations is the immediate neighbors andthat's what I,m most concerned with. How do re handle, how do we make it?You can work out things uithin your association but hotr do we take care ofthe immedi.ate neighbor and that's the issue that r have to address myself. _
Emmings: rn response to that Ladd. Now the one that you had on your lot,because r drive by there all the time, you couldn't, you essentiallycouldn't see it from.the lake unless you looked for'iL. They had it wayback towards the road. rt didn't look great from the roaa=iie but itdidn't look bad either. r don't think it r.ras really objectionabre. Thenure've got this one on Lake r,rinnewashta Heights. This nirro, 2s, r thinki'-'s onlv 25 feet uride. They had one doun there aII summer - r never sa'.,it from the ]ake except a couple times when I looked for it and then I sawit and it's just sitting out there. They have residential neighbors onboth sides and r don't think either one of them could see it due to thetotrograph)'. so there mavbe it's perfectry appropriate and there,s no waythey rnet any setbacks like this because it,s 25 feet r.lide. They couldn'tmee: anv setbacks. so these are going to have to be reviewed on a case by -
uee. 9c if rve r,;or k the Ianguage in that way, then the beachlot has acha::e a: Iong as f 've solved the environmental things and some of thesetiack thinss. Then I would feel good about it.
Ahrens: I don't think u,e can solve the environmental problems. f meanit's there and it may be tipped over and it may cause problems.
Ah:'en:.: l"leII I don't think so.
Plenningt
No ve r t-, e r
Commission Meeting7, 7990 - Page 19
cass tasi: ar,d it may be lhat somebody like Hinnewashta Heights could settl-,: nri3l5:r-s to agree !o have.it by simpl.y going to them and saying we'vehad it here for 3 years. It hasn't been a problem for you. l.lould you signsom.:hinJ thaL would allow us to continue to have iL? So I don't knoul , Ithink it needs to be ret;ritten -
Corre.:,': Yeah. See they've got 3,OOO feet. In that case, ther'e's noproblem r.,itlr neighbors but then again, ue have a ]ady who's ta] kirrg about-,r.rh:'s niit,in? us and saying hey, I don't want that going next to me andthat-'s real valid because again, )zou look at the problems of smelI andsi::-: ; n---1 thal- 's, I don't think that's the intent of uhaL h,e u,ant a
beat hl c1 to be -
Emmi rrg:: I '
a n,-l i thi nk
likc t-o take
d
rll e
rnove that we table this and try, I think it's r",orth persuing
oughL to work some more on drafting it a little bit.- I'dshot at it. At drafting somelhing.
l(i3:r55 : One n,rte of caution though. I albrays pref ace this by sa7in3 In.t ai, a+.torney, especially when I'm confronted by 3 of them. Ue can'trrjt= ar ordinance Lhat says if you do x through z you're entitled to
sornet hi n9 urr)ess sornebody objects -
Einmi r1::: LJel I , but r.re could require them to secure the consent orjt. That could be a requirement. If what you're saying is right,could require consent.
not have
t he n r.,Je
Batzli: f guess I would
city if either safety orf don't know that f want
on a neighbor.
be more in favor that it would be revocable by t.he
environmenlal concerns over the !oiIet arose.to preface their right to continue using the toile
Emmi ngs: Once it's granted.
Ahrens: f agree because in that situation where, like you said there uras a
beachlot that's only 25 feet uide or something and nobody can see it oneither side buL what if they complain anybray?
Kraus3: Right. t^,ith conditional uses you're talking about a class of uses
that are considered extraordinary and potentially obnoxious but if they
mee+- criteria that you've established, then yourre committing yourselves to
say okay.. I mean it met the criteria, it's fine with us. One of thethinss you also have to recognize though is you're not, when you're
reviewing CUP's you're not ]imiLed to those 4 or 5 criteria that we came up
with or Steve, r^rhat you'II come up uliLh, There's the 8 or 10, Fhatever itis, Mom and Apple Pie CUP conditions that preface that section and they
Conrad: I agree r.rith what you're saying Steve. I agree with that. Ithink there's so many different situations with these beachlots. It's hardto davelop an ordinance that meets them all. Sometimes they're screened.
Soriretimes the neighbors are a distance away and won't be a bother. you
krro,,: Lotus Lake Estates is a good example. They have 3,OOO feet ofIakeshore. They can put it there and nobody's going to know. you knou: and
l..iiIiernutl-,: Lotus Lake Estates? Is that the one up on the hiII there?
)'e,-r a 9r eat deal of Iatitude.
Cc,nrad: Eut it's also the int'ent Statement. you know brhat we've got to dois be aL,Ie to do a good job of helping staff or helping neighbors
understarrd what the point is. That's why Steve's introduction of r.rhatwe're trying to accomplish is very important because what I don't want todo is lead somebody dowr' the pike and say hey, you might be able to getthis. Or it is yours for sure. They have lo know the intent for whatwe're trying to do and when you're controlling smells and stuff like this,it's a bigger deal. I think you all. have to put yourself in the positionof bei;,! next to one and say okay, how would I hrant to be guarded. Hor"Jshould tha City guaid me and I think there's r.,ays to do it. I,m not sure
r.Jhat tl,€ riords are. There's a motion to table. Is there a second?
BatzIi: Second.
Emmings moved, Batzli seconded to table action on Zoning Ordinance
Amendment to amend Section 20-263(2). Recreational Beachlots to allourportable chemical toilets on recreational beachlots for further study- Allvoted in favor and the motion carried unanimously.
Corrrad: l..le appr ec i atetryi n; t;.., rn: ke sure bJe
appI ie: tc, everybody -
: Yea
: r-r9 tO
coming in. I said a lot of negative thingsthe righL thing there. It's not just yours
you
9et
but -
i,.
Emmings: He've got tirre to work on it before next spring too.
Iieier,h, but ure appr ec i ate
r..ihat Ne have to say
sonet hi ng .
in and talking to us and
we can call upon you to help us
you
and
com I ng
maybe
PUBL I C I..!EAR I NG :
ORD I NAN Atl T 720-755.20-774 . 20-795 AND 20-a15 RNING ALL C RCIAL AND IND USTRIA!- -DISTRICTS TO INCREASE FLEXIBILITY IN ESTABL I SHI NG PARKING SETBACKS BY
ADOPT ING A PERFORMANCE OR I ENTED ACH TO STANDAR S AND AN AI,IE ENT TO
ESTABL I H A REOUIREIiENT FOR BUFFER YAR S IN THE IOP D STRICT.
Pau I Krauss presented the
cal I ed the public hearing
staff report on this item. Chairman Conradto order.
Batzli moved, l.lildermuth seconded to close the pubric hearing. Alr votedin favor and the motion carricd. The public hcaring rr.s closed.
Ahrens: The buffer yards you talked about incomprehensive plan, is this what, the SO.footPut in?
relationship to the
buf f er yard. Is that r.:hat r.Je
Krauss:
Iines.
Ahrens: I don't have
It Iooks
anything.
fine to me.
50 foot aIong rights-of-ways 1OO foot from internal property
tli Idermuth:
Planning Commission Heet i ng
Noverrber 7, l99O - Page 20
Services
Groud
February 2e, 199!
PBoCEDIJRI TC' Stll<: Ioh:. POR'!tsrE RES:xcErE FOR PRirI'tS -}l!.iD PIJBLIC llSE
Mvrna Kraqmess
S-pecia] $vents Co(tr rin=tor
Each BEl -,rii t i I nrniLed on s!:i
'ls
vni L'h e]'tend fron the f ront and back
I to 3,., ?o sta:(e thE ',.:r1ll: t,(, t,hs iirounc {e use 3' '.loodei stakes t}rat
are &iven :ntc '-ht gro,-i-.-.t !- th"n i:ailec tc '"he skid on aU' four sldes
of the ulit.
i{-len sLa -:ed into t 'rc, qi}-.'Jttd the unit cannct be Pv:C by a s!cra'.*}I
c]:ildrer or a singl€ ":riil i'' wouLri ::e Epssible to ilstre the ta.rit by
b:inc hi; b',' 3 !ehi(:te "i-i g.i"oj-tt : i'c: is cr eac-: side cf the ultit'
eifhir of tirese urcr:.6 causc (iatEge t(, !f€ urllt.
rf the ulit is tlpPd c-,Ie! *': has ar: additional stfegu3rd of + con+-enEs
u=fi.j-"piii.a-,'rl' i:' tftt *i o: a spe'-'ia:'ry cesion?c tarI-k that is Elope
desi,red so thi i a"n *n"il:n-,r"iii-rpii:.'o"t _ii tipped bacr<mrd and cat'not
"piii'-ort f)r'r-.rc ulless th3 tank is over:'/2:u11'
If the cDntanis dc l:piL1 outr o:1 the r!c''rnc ' the ct'aiica'l ve 'r:se is bio-
deErasaile, tc be e!N'i:ontr€1:3:L)' sa:e'
I{e find }-he ux:.ts tl)at are ::p-)ed over.!*€t freguEritl)' are wtits t}*t 1:"
c:1 ccncle'.e or bia e.<-,-o:-. tgj'at lajrdi;lEs' cC':ks or parks ' F::e at:i:
have bee; a:le to arcrea""-I:ri lia",:u: i *-f,y buiidlng iooden snelters arorEld
;;r;i;;;-.:o .ortain-tie u.rii le3vl:lg very ritrle ro@ to nove or rod<
the unit, t'rnrs diso)uraging ''a:dalis:'
1411,;g1pfLts. MINN 55411 '
ErB iIIdL5l0 lJl
6e6p:c 0aF $
z06' 79td
216 27TH AVE. NO.(612) 52$.35S,r.rodj IrrIl IS, Ba 831
BRCWNIITGFERRIS IMUSTRI ES
CITY OF CHANHASSEN.
CARVER AND HENNEPTN COUNTIES, MINNESOTA
AN ORDIIIANCE IUENDING SECTION 20-263 OF CIIIY CODE,
TEE ZONING ORDINITCE
THE CHANHASSEN CITY COUNCIL ORDAINS 3
Section L. Section 20-263 (2) of City Code shall be anended bydeleting the rrords 'rportable chenical toiletr'.
Section 2. Section 20-263 of City Code shalladding the fotlowing section:be anended by
(1,6) Portable chenical toilets rnay be allowed on recreationalbeach lots so long as the maintenance and use of thesetoilets have no undesirable iurpact on the environment,residential neighbors or Lake users. The city recognizesthat the naintenance and use of chernical toiLets on sornebeach lots may be unsuitable because they cannot beadequatel-y screened from residential neighbors or 1akeusers. Any use of chernical toilets on recreatj.onal beachlots shaLl be subject to the following rninimum standards:
Setback from ordinary high water nark shall be 75feet.
a
b The portable chenical toilet nay only be usedduring the period fron June 15 through Slptember 5and shall be rernoved fron the beach lot at a1Iother times.
Use of a portable chenical toilet sha11 requireapproval fron the City pLanning Departnent. Allapplications shall be accompanied by the followinginformation:
1) Nane, address and phone nunber of applicants.
2) Site plan showing proposed location ofchenical toiLet.
3) Name, address and phone nunber of entityproviding chenical toile!.
4) PIan for maintaining the chenical toilet,including a copy of any agreenents forrnaintenance, and. the nane, -addiess and phonenumber of person responsible for naintenlnce.
5) A rrritten description of how the applicantintends to screen the portable chemicaf toilet
ORDINANCE NO.-
fron all views into the property includingviews fron the lake. The city regardsscreeni.ng as essential and no portable
chernical toilet shalI be allowed where itcannot be screened unless aII residential
neighbors consent (in writing) to a1Iow thetoilet lrithout screening (any such consent
sha11 be deemed to be given only for the yearin which it is given and not for any otherfuture tine) .
d Approval for a portable chemical toilet nay be
revoked upon any of the following grounds:
3)Any evidence of failure to rnaintain the toiletto elirninate odors and pollution or tonaintain screening.
Section 3. This ordinance shall becone effective from andafter its date of publication.
Passed and adopted
Chanhassen this da
ATTEST:
by the City Council of city ofyofthe
1991.
Don Ashworth, City Clerk/lilanager Donald J. Chniel, Mayor
1) Conplaints of residential neighbors;
2) any violation of the intent of the ordinancei
or
CITY OF
CH[NH[EEEI{
690 COULTER DHIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
TO
MEMORANDIN,I
FROM:
DATE:
Pfanning Conmission
Jo Ann Olsen, Senior elanner .|
February 27, L997-
{'-
SUBJ:Definition of Structure/Accessory structures
BACKGROUND
On Ju1jt 5, 1989 , the Planning Cornrnission reviewed the definition ofstructure as it is stated in the City Code (Attachnent #1). The
new definition as proposed by staff and the Planning Comnission isas folLows:
1. The definition of rrstructurerr in Section 2o-1 of the
chanhassen City Code:
stlucture rBeans anything nanufactured, constructed or erected
which is norlnally attached to or positioned on 1and, whether
temporary or permanent in character, including but not linitedto: buildings, fences, sheds, advertising signs, dog kennels,
hard surface parking areas, boardwalks, playground equipnent,
concrete s1abs.
2. Section 20-908(5) is amended by adding subparagraph (e) to
read:
(e) Into any required fron!, rear or side yard: driveways,sidewalks, strand wire agricultural fence.
The City Council did not
structures .
review the proposed definition of
ISSUE
The City Code establishes setback standards for structures. The
UBC has specific regulations on that is reguired to have a buildingperrnit. The building pernit application is the nanner by which thecity enforces the City Code and related setbacks. The UBC alsoprovides exernption fron building permits. A building permit shalInot be required for the following:
Definition of Structures
February 27, L99l
Page 2
1. One-story detached accessory buildings usedstorage sheds, playhouses and similar uses,projected roof area does not exceed 120 square
as tool
provided
feet.
and
the
2
J
4
Fences not over 6 feet high.
oil derricks.
I'Iovab1e cases, counters and partitions not over 5 feet 9inches high.
Retaining wa11s which
from the bottom of the
are not over 4 feet in height measured
supporting a surchargeliquids.
footing to the top of the wal1, unlessor impounding Class I, II or III-A
water tanks supported directly upon grade if the capacity doesnot exceed 5000 gallons and the ratio of height to diameter orwidth does not exceed two to one.
6
7
6
9
Platforms, walks and drivewaysgrade and not over any baseroent
Painting, papering and sinilar
Temporary mot j,on picture,
and scenery.
not more than 30 i.nches aboveor story below.
finish work.
television and theater stage sets
10.Window awnings supportedDivision 3.
by an exterior walL of croup R,
11.Prefabrj.cated swimrning pools accessory to a Group R, Division3 Occupancy in which the pool wa11s are entirely above theadjacent grade and if the capacity does not axceed 5ooOgallons.
If a building perrnit is not reguired for a structure by the UBC,the City has effective no neans of enforcing setbacks.- The citycannot anend the uBc to remove exenptions from building perrnitreqlj-rements. (There is a process, tut it is 1ong, teaior]s anddoubtful that the amendment uould be approved. ) -iherefore, anissue arises srhen the gity uants control over placenent ofstructures which are exernpt fron buirdi.ng permit reguirements suchas:
Patios
Retaining wa11s
Dog kennels
Playground equiprnentBuildings less than 120 square feet
1.
3.
4.
5.
The only neans for the city to enforce setbacks is when someoneinquires about setbacks prior to construction, through conplaj.nts
and through a planning review process such as a wetland alterationpermit.
The issues the Planning Commission should review are as follows:
Comment: The definition of structure will not necessarilyresolve the building pernit exemption issue.
Are there exemptions the City Code should provide?
Conment: The new definition exempts driveways and siderralks.
Are there others?
How can the city best enforce setbacks for structures that donot require a building permit?
2
The city
ACCESSORY STRUCTURES
A related issue is accessory structures. The same problen existswith exernptions fron building pennits for certain accessorystructures, but additionally, accessory structures can be located5 feet form the rear yard. A 5 foot rear yard setback is
inadequate for certain accessory structures lrith the impact theycan have on neighboring properties (i.e. detached decks, dog
kennels, playground equipnent) .
On August 13, 1988, the Planni.ng Cornnission held a public hearing
on an amendnent to the city Code concerning accessgry structuresand recommended anendments to the City Council (see attached
report) . On March 27 and, lilay 8, 1989, the City Council reviewed
the amendments and tabled action for further revisions. Attachnent
#4 contains the most recent amendments for accessory structures
reviewed by the city council. Prior to staff presenting the
amendnents again to the City Council, the Planning Cornmission maywish to again review the proposed arnendments in conjunction with
discussion on structures.
ATTACHMENTS
Comment: Do we only depend on
nevrsletter could be used for public conpla ints?
education.
1. Letter from Roger Knutson dated JuIy 19, 1989.
Definition of Structures
February 27, L99l
Page 3
6. Docks/walkerays
1. fs the amended City Code definition of structure adequate? fsit too broad?
Definition of Structures
February 27, L99l
Page 4
2
3
4
Planning Commission minutes dated July 5, 1989.
Planning report on accessory structures.
Amendments to accessory structure requirernents.
D^vrD L. G[r{----ls - ta11-196l
D^vrD L. GR^NNrs, JR. , 1910-1980
V^Ncr B. G&{NNrs
VlNc! B. GMNNts, JR..
P^TruaK A. FARREII
DlvrD L. GR NNrs, III
RoGER N. KNUTSoN
DAvtD L. HARIiEYER
PMorr l\ W&orrs
Ms. Jo Ann Olsen
Chanhassen City Ha11
690 Coulter Drive, Box
Chanhassen, Minnesota
LAU/ OFFrcEs
TEEPHoNE (612) 45t-166t
July 19, 1989
TEIEcoptER:
l6t2) 451-2159
ELLloIr B. KNEI_S.H
MrcH^EL J. M^yEr
147
55317
Dear Jo Ann:
Enclosed is a revised definition of structure and an
amendment to Section 20-908, yard regulations. As you know, theonly significance of the definition of "structure" is thatstructures cannot be located in required front, rear and sideyards except as specifically authorized. Rather than providing
that certain things are not structures and therefore could be
Iocated in reguired yards, I have taken the exceptions and placed
them where they belong in Section 20-908.
Driveways have to be allowed to encroach in
setbacks because without encroaching, they could
street.
required yard
not reach the
Very truly yours,
GR
, P.A.
BY:
FARRELL
A1p+tr'r+-r; *
1
JtrL 2 0 1989
UIIY OF CHANHASSET
RNK : STn
Enc losure
GnaNNrs, GnaNNls, Fannlrr & KNUTSoN
PRoFElstoNAt AssoctlrtoN
Posi Orrrc! Box t7
40J NoRvrsT B]lNx BUTLDTNG
16l Nor.TH CoNcorD EXCHANGE
SourH ST. P^uL, MrNNEsor^ 5507,
RE: Definition of Structure
Roger N. Knutson
't. The definition of "structure" in Section 20-1 of the
Chanhassen city Code is amended to read:
Structure means anything manufactured, constructed or
erected which is normally attached to or positioned on land,
whether temporary or permanent in character, including but
not Iimited to: buildings, fences, sheds, advertising
signs, dog kennels, hard surface parking areas, boardwalks,
playground eguipment, concrete s1abs.
2. Section 20-908(5) is amended by adding subparaqraph (e)
to read:
(e) Into any required front,
strand wire agricul-tural
rear or side
fence .
yard: driveways, 2toarJ/*) ,-
Planning CommissionJuly 5, 1989 - Page
Meeting
24
OPEN DISCUSSION.
discussion right now. Just as the staff was askingvariety of items before theyrre announced for thetalk to us about these amendments. Dave, I'lI startall. the different amendments, anything? you had one
Headra: when they put it into practice; does it have to be both or can it-be an almost either?
Batzli: Wasnrt this donethere in the first place?
ord inance?
retroactively soor is it of the
thatrs hrhy the such date is indate of enactment of this
Emmings: Thatrs rdhat I assune it meant but it isnrt clear.
^lltl'c$nE.T*z-
Conrad: This is openfor our comments on apublic to come in and
down at your end. Onthing in particular.
Headla: Let ne go to section 3. 2g-44L. violation shalr be a misclemeanorpunishable by 90 days in jail and a S7gg.00 fine. I,d like to see thatand/or. r just dontt think we're going to get anybody to go to jair andpay the f ine.
Enmings: Arr nisdemeanors, thatrs rrhat defines a misdemeanor. All misdemeanors are punishable by a maxinum of 90 days in jail anil a maximum of$7A6.AU fine. They're just stating the law heie.
Erhart: Should we say maximum?
Emmings: No, that's what the law is.
Emmings: A person that violates something like this for the first -timewill get treated Iike all others. Theyrre essentially never get jail time.It just doesnrt happen but that's what defines a misdemeanor in aIIcriminal law so I think theyrre just stating what the Iaw is.
Headla: Fine. I didnrt know that. Then the other one is, in Section 5 wetalk about swimming pools. If they approve this in Novenber, I don,t think
we can expect people to put fences in in 3 Eonths so rrd. tike to see within100 days of such date or as negotiated with the City.
Emmings: Within 180 days or as negotiated with the City. If somebody hasa special reason they need more than 6 months.
Erhart: Do you think there, s anybody in the City thatrs got a swimmingpool without a fence today?
olsen: There are some out in Hesse Farm I know there are.
Batzli: I donrt understand that. Of such date. What date are theyreferring to? Such date refers to February 19, 1987.
Conrad: No. As soon as notified.
Batzli: Then that should be clarified and I donit know if it should benegotiable with the City.
Headla: Sha 1I comply with
Batzli: So are we talking
Emmings: Yes.
Conrad: Well y
canrt put the fsure that itrs
1987, they havenot be the 1,8 0or Febr uary.
this chapter within I80 days of such date.
thb effective date of the ordinance there?
ou canrt build in the winter time. Davers point is you
ence up in the vrinter time so thatrs wby he wants to makea reasonable expectation. So anything thatts gone up befor-to comply with the ordinance but the date of compliance m.
days because you may not be able to put that up in January
Batzli: Is the only thing werre adding to this section 5 is the secondsentence? Are we adding anything to this one?
Olsen: We're taking out where if you rdere on a cl iff or rrhatever, you
htouldnr t have to put a fence where it was inaccessible. I donrt rememberthe exact wordage but we were finding that even then people were saying,weII you canrt reach my pool from that area and you still need a fence.
Batzli! My question is, the people who
had to deal with this.this sentence covers have already -
Olsen: Right. Werre just removing the option thatinaccessible from adjacent properties, that they do
swimming pool fenced but werre finding...
if pool snot have
areto have ttte
Batzli: But have you applied this ordinanceinstalled prior to February ]-g, l-g87? so dothis sentence in there an)rmore? Do we needany pooLs that haven.t complied with that?
Olsen: Not since this ordinance, no.
Conrad 3 But before? pools put
everybody whors pool was
even need the later part cpart in there? Are there
to
we
tha t
OI sen :
Conrad:
There
But
still may be some
before. Pools put
in before.
out there.
in before have
is already in
had to have
ordinance.
a fence.
Theyrre not
not
theBatzl i :
chang in9
Yes, she just said thisthat.
Emmings: This is one of those deals rrhere it would have been niee if theylrould have underlined what was being added to show us the ord one and rineaout what was being deleted so we knoe, whatrs going on. r assumed this wasnew language. I didn't look at the ordinance section.
Conrad: I did too. So whatis new?
Planning Commission Meeting
JuIy 5, 1989 - Page 25
Planning CommissionJuly 5, 1989 - Page
I'leeting
28
dog kennels? Again, thi s
includes a Iot of things
POrtable dog kennels.
includes, I guess hrha t
that I wouldnrt cons ider
getting at, thisstructure such as
I'm
a
Batzli: we could say portable dog kennel structures if that would help
you .
Erhart: And rde donrt have to get into a big discussion here but.
Olsen: The reason for this is because we,ve been having a lot of troublewith my interpretting the zoning ordinance where rre have specific setbacksfor those types of structures. The Building Code does not consider them tobe structures. we have not been regulating dog kennels with the cement.
Erhart: Yes. To me that's a structure. If you've got
then itts a structut'e.
a concrete sLab,
Olsen: Thatrs where we define it.
Batzli: welI you could say, instead of portable structure, do your biglong list and then say where any of the foregoing are permanent or portable
because people can always come up with the argument regarding portability.
Well I can bring in my forklift and hoist it so it's not a structure. Infact I've heard people use that brick barbequer s. Itrs portable so itrsnot a structure so I don't need any setbacks. Good argument by the eray.
Get a forklift and itrs portable.
Erhart: I donrt really want to get into every word on this tonight but Irmjust pointing out where I see some problems. The last one is a hard
surface parking area versus a driveway and I define that.
Conrad: Good point. I donrt understand that.
Olsen: Hard surface parking area, ire usually see those coming throughplans, etc. but with driveways and sideiralks. Driveways, somebody canput those in. They do not have to get a building permit.
site
j ust
Efhart: I can understand that. Therers realIy
hard surface parking area antl a driverray and inkennel, a driveway is a major structure that it
would include driveways in this definition of aexcluding it.
no difference between a
fact as cotnpared to a dog
woul,d seem to me that you
structure as opposed to
Olsen: f agree but itrs just yrhat the building code requires them to come
in for permits and rrhat so we're having some conflicts.
Conrad: Too bail you brought these up because they really are, Irm withyou. Stockpile doesn't, I donrt know rrhat that is.
olsen: I think that already
lot of these
was in there.
Batzli : Yes, a were in there. A lot of these are in there.
Batzli: Okay, thatrs tbe one place I didnrt look. So we want it to read -
net density because that's tougher?
Olsen: Thatrs what rre've always been enforcing and the developers wiIIwell where is it? Where does it say that? It doesnit say gross. Itdoesn't say net so itrs always been, staff is kind of at a tightrope.
conrad: Itrs got to be net.
Erhart: It would have been much easier to just use the term net density
everything.
Planning Commission
July 5, I989 - Page
Meeting
27
Conrad: This terminology has just got to be in
Batzli: So that way if you had a site coveredcount the wetland for purposes of density?
Conrad: Right. Yourve got to take it out like
Batzli: I like that.
Erhart: Are we discussing the first group heregoing through the lrhole thing?
Conrad: Anything.
Erhart: You want to just jump into this rrhole
Conrad: Yes.
sE-
there.
by a big wetland,
you take streets
you can'l
out.
Erhart:
and thencorrect.
Okay,
under
right now Ladd or are Lre
thi ng?
page 2, first paragraph. yourre trying to define structurFdefinition you use str:ucture which is, I donrt think that's
needs
can I t-
Olsen3 Which means any of the following.
Erhart: IilI talking about portable structure. It seems to me thatdifferent words. If yourre trying to define the rrord structure, youdefine it by using that word again in the definition. Correct orincorrect?
Conrad: That nakes sense.
Erhart: So is it a portable building or something to thatItrs like opening up a dictionary and looking for the rrordwell a book is a book. Everybody knows irhat a book is. Ijust, do you understand rrhat Irm saying?
Conrad: Thatrs good. yourre right on.
effect Jo Ann?
book and sa yi ng-guess tha t I s
dog kennel like you buy aslab? Vlha t about portable
Erhart: A dogchainlink ki nd
kennel. Are you referring to aof a dog kenneL irith a concrete
Planning Comm i ss ionJuIy 5, 1989 - Page
Meeting
26
Olsen: Irm taking out the section that says that if you,reyou do not have to have a fence.
Batzli: I looked at all of these as if they rrere new.
Ol sen: No.
Erhart: How are you inaccessible? By another fence?
Olsen: Again, i{e'11 use Hesse Farms ohere therets a cliffportions. I just think, when ue were going through it, we
Erhart: Yourre still accessible by the side yards though.
OIsen: Right. Exactly and the people were saying...
Headla: I donrt even know rrhy you need that last sentence.
Conrad: We donrt need the last sentence?
Enmings: Because the such date appLies to the February 19,aIready.. .
Batzli: We're way past that so my question
inaccessible,
on some
wer e saying. . .
still need that?
aIl inground pool sOIsen: We probabl), still need something ininstalled prior stiLl need to but IilI check
Enmings: You can say shall conply with thisalready says all swimming pools.
Batzli: It should now read, shall have
Olsen: Okay, I'LI work on that.
Batzli: Why donrt you at least check on
betrdeen net density and gross density?
olsen: Right. Right now iretve got thetltere that says which one we use.
1987 and werte
is, do we
there that
on it.
chapter .No, because it
already complied by November 1987.
that one. Whatrs the differenceIs that what yourre adding?
definitions but there's nothing in
Batzli: So werve already got the net ancl gross density defined?
OIsen: Defined.
Batzl i : Where's that defined?
olsen: under definitions.
Batz1i: Is it under density?
Olsen: I think so. Yes.
Planning Commission
July 5, 1989 - Page
Meeting
29
Conrad: A
Batzli: Ifstructure.
stoc kpi Ie
you ttave
is a structure.
a 2,0A9 feet of
How
PiPe
can a stockpile be
stacked up, you I ve
a structure?
got a big
Conrad: A structure seems to me to be manufactured.
to have the setback applied to. That'sOl sen: Just theessentially r.rhat
ones you rrantthis is.
Emmings: I was shocked here a while ago to find for example that somebodyputting in a road could put it, thatrs come up twice now, could put itright up to the lot line. Not setback requirement. No$ thatts not adriveway. Those are going to be public streets and tttere.s no setback forthat and thatrs not a structure. No setback requirements and I thinkthatrs outrageous. There was that one and then there was the one that erasup on Lake Lucy Road where we talked about the same thing. I remember thaEbecause thatrs where I learned that you can go right up to the lot line. _
Batzli: But I must not have learned it that tine because I just learlned ::last time.
Olsen: I can look into that and see if road s.
it is the driveway should naintain the-The natural way to look atjust 1i ke everything else.
Emmings: Unless they want to share.
Erhart3
se tbac k
Olsen: Itrs just I have no l{ay of knowing whenIrm having difficulty with patios was that theybuilding permit for that. If it,s at ground.
they come in.donrt have to
That I sget a
lrhy
Batzli: You mean if I pourto do that?
a cement slab underneath my deck, I donrt have
Olsen: You don't
trying to do thi s
Enmings: I know this is a very elusivJ definition
was first an attorney I got involved in a lawsuitquestion of erhether something a guy erected was arrent around. with that for several years and no onea good answer. Itrs just very, very difficult.
have to get a building permit. And thatrs r.rhy l,ve beer.is because people can put patios right up to wetlands.
you r
Concrete.
Emmings: You can put wal1 to walI indoor,/outdoor carpeting inbackyard and never have to mow. Go right up to the lot line.
Batzli: Letrs inctude pubtic roadway on this Iist.
Emmings: Public or pr ivate.
Bat z1i : Yes.
because I once,that involved thestructure or not.ever really came
when I
we
uP iri tb
Planning ComrnissionJuly 5, 1989 - Page
Meeting
3g
Batzli: The difficult thing about a roadwayput it on the 1ot line. Then at that poj.ntvariance? Where both sides are contributingbe the big problern.
I'm sure is if yourre
do you just needing ato the road? that I s
going
going
to
to
Emmings: If it's to be a mutual driveway which often happens butsay that. Itrs sort of like fences. you can put a fence on theif both neighbors agree. Otheririse yourve got to set j.t back.
Batzli: But this is the definition section. ShouLd we be gettingthat in the definitions or do we need a separate ordinance to cover
you couldIot I ine
Olsen: Yourd haveit will have to be
want it to be just
Olsen: Yes,the Bui lding
have time to
werve added dog
Department want
do the xing out
kennel s, hard sur face
some of it taken out.
and then underlining.
to get it in the definition but I think itrs something,applied to farther into the ordinance too. Do you sti1lat a 1g foot sideyard setback? Front yard?
parking, fence.I can go back,I can do that.
into
that?
Then
I didn't
Enmings: Itrs got to go on the list of things to do.
Conrad: What is 20-I? What is Section 21? Definition of structure?
OIsen: Definitions. The first section?
Conrad: So have we changed anything in this?
'Headla: That would help.
Emmings: I think this structure thing needs a lot of work because I'11tell you, I think what you need is a general definition that would say,which would include but not be limited to the following because otherwise
sonebody's going to come up with something. They're 9oin9 to caII it
something else. I'm going to build a flundible and itrs concrete anil glassbut it's not, well it does say a building. But somebodyts going to come upwith something that's not going to be one of these things and yourre going
to have your hands tied so I think you need a general definition with thesespecific examples.
Olsen: That number 2 though
Enmings: Maybe you want to
OIsen: Which can include.
Emmings: Yes.
Olsen: Okay.
Batzli: Includes but is not
which hasnrt changed, thatrs general.
coBcine those and just say...
limited to the following.
Planning Comoission
JuIy 5, 1989 - Page
Meeting
31
Emmings: So put number 2 first and then tist those things as examples. -And you know I think to me the idea of a structure is that itrs somehowtied to the ground. Itrs something that if I move away from here, it's n<,csonething that's going to go with me. Itrs like the definition of afixture which is equally difficult but you just kind of use a cornmon sens<-test as to whether or not itrs something, is it on a slab or is it onfootings? Eootings is probably a pretty good test isnit it?
Batzli: Not for something like a stockpile.
Enmings: What is a stockpile? Like firewood? Is that a stockpile? -
Batzli: I think firewood might be considered a stockpile if you get a IoLof it. A bunch of dock sections piled up. pipe that youile going to use.Itrs something that you don't erant sitting right next to your property lir-fif you're the next door neighbor.
Conrad: Any other comments on this? On just this particular, structure. -?im, did you have other?
Erhart: Yes. Page RO5/2L/99. Next section, second page. On the bottomwhere it says Section 20-232t General Issuance Standards. Item 4 where ii-says the date of the event that will terminate the use can be identifiedwith cer.tainity. I'm concerned that that implies that the date isidentified when the permit is issued. Therefore, I suggest we change thaFto say the time of the event that hriLl terminate the use can be identifie(with certainity or something.
Batzli: I think thatrs a typo. I think it should read, date or event.
Erhart: That would solve it. you understand my problen with that?
Batzli: r think the case that came down said it had to be, tttere had to .|-a date or an event which could be.
Erhart: Okay, then that would solve that. Is that okay Jo Ann? NumUer !-the use wirr not impose additional cost on the pubric ii it is necessaryfor the public to take- the property in tbe future. werr how do you know _when yourre issuing this temporary perrnit that a year rater the pubric wiJ-want to come in and buy this property? It seems to me that this conditior,,this standard here, maybe r donrt understand it but it seems not to make alot of sense. Hor., do you know, how can you ever know that a year later?
Emnings: I assumed that that was there for something like if tbe City hadin it's plans that eventually a road rrould be going lhroush there orsomething like that and you knew that this perion ianted fo put it to wasgoing to make it more difficult or more expensive to acguire it or clear .iulater on, thatrs lrhat I thought it hras about.
Erhart: That example's clear but take the example that you issue atemporary permit for something and then all of a sudden, then the City 6months later says r gee well rre irant to put a road in there. Now, thiErearly provides a basis not to reinburse them for the expense of whatever
improvement he did and to me it's a fairness thin9.
ever do that. I think that's going to bepermit.
Emmings: I donit think you couldjudged at the time you issue the
Erhart: Okay, thatrs kind of
feel comfortable with it.
a legal thing anyway and if you attorneys
Batzli: Yes, itis right odt of the lavr. Permission of the use will not
impose additional cost on the public if it is necessary for the pubLic totake the property in the future. So itrs right out of the Statute.
Erhalt: So then
place, churches.
Erhart: Okay, let
interim use in thestraight permi tted
along, on page
are churches an
2. I'm wonder ing,interim use?
in the f irstgoing
why
Olsen: Werve had that with Westside Baptist irhere they couldn't build
their chulch and they've been in the industrial office park right now.Iot of times they don't have the money to build their church right awaythey need an interim place.
A
and
me narrow the question.
A-2 district when in the
use?
Why wouldpast it's
a church be
always been
an
a
Olsen: This is temporary. this is for a church to use somebody's
farmhouse before they can go through and do the proposal.
Erhart: I guess my interpretation ofreplace, for example in A-2, churchesI thought they were.
Olsen: Theyrre probably under the
Erhart: I thought we changed that
district?
Olsen: Right, it might not be in
this is that we were
aren I t listed at all
going to
are they?
Erhart: so if it's a permitted use
werre going to remove it fron that
Ol sen ! No.
or
and
in addition to thati
is allowing them to be a tenporary use.
decide at the time tbat the pernit came in
which would be the ordinance, a conditional
cond i tional use.
include churches in the A-2ordinance to
a conditional use, are we suggesting
then put it in a new category?
whether it
ora
the...
Erhart: So this is
OIsen: Right. This
Erhart: So we would
can be a permi tted,
Planning Commission Meeting
JUI], 5, 1989 - Page 32
Olsen: I was just going to say that some of these and I donrt have Rogerrsfirst letter but some of these were specifically a part of the case that
h,as passed down. I think that this one lras one of those.
Planning Commission
July 5, 1989 - Page
Meeting
33
tempor a r y?
olsen: Right. If they have some reasons that they need to do somethingtemporary. What we had before was real general. We just allowed aninterim use. rt was a temporary conditi6nar use and ihat noger trai'aone i-tried to name specific ones and r donrt know if we really want to do that.That's why r wanted to get comments back from the planni;g commission ordid we just want to reave it open because we,lr list thes; but then !re, 11 -get another one.
Erhart: I see. This gets into a broad discussion of nhetherIist them at atI. That,s what you,re looking for direction.
Olsen: AII or none.
you erant to -
Erhart: You're looking for direction from us then. r guess r was a rittbit confused by this. What I was teading to here was ii you're going tolist them, then you oughE to list rrhat tie event irould be maybe. - foiexanple, mobile home. Right now you're rooking at the ordinince, temporaand mobi}e home. Hor., do you define, how did we in the past, even withoutthese, how did we define what temporary rdas on that mobire home in the A-and A-2 district?
l
r
I
Olsen: It r.rould
residence that's
Erhart: Her:e
Jo Ann.
Ol sen :
es tate
Olsen: And we also aIlow temporary trailers.
house but they need to live on the site untilIooking in the A-2 district?
Erhart: For example the A-2,Listed as a separate thing.
have to meet all the requirements of a single familypermanent. It has to have the foundation.
we say temporary and mobile home. In the existing ordinance
It couLd be nobile home. We alloi, those at like for the realhomes. Tbeir offices.
Erhart: Thatrs another item here.
If
the
sorneone is building the i-
house is built. Are you
your tenporary real estate office. Tbatrs
Enmings: As a permitted use.
Erhart: As a permitted use. I.m assutning in the A-2existing ordinance, that if you have a 2 L,/2 aere lot,home there because of the way itrs nritten. Is thereordinance that says that temporary is until you build
Olsen: No.
district that under
you can put a mobilaanyplace in the
a permanent house?
Erhart: . So
here and setit that way?
really if somebody rdanted to push
up a nobile home on one of these
the i ssue,
2 L/2 acre
they could come inIots. Do you rear
le-
EHINH[SSEI{
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
!4EMORANDUM
TO:
FRO}I :
DATE :
SUBJ:
At. the
was on
s Eaf f
(612) 937-1900
-r'-_w?
- l:il-tI:
1.,.'lr'-r:.:bl
,_tu;l
Don Ashworth, City lrtanager
Stephen Hanson, Planning Director
April 17, 1989
Accessory Struct,ures - Zoning Ordinance llmenclment
l{ar ch 27, 1989, City Council meeting, Case No. 88-8
the Consent Agenda. This iEem trra s tabled in orderto address the following issues raised at that time:
-r::: _ ...-':J r', i)rrocil
-4:l'l--gJ-5-9 -E 7
zoA
for
I 1000 square foot limi.tat least linited to be
s trucEure.
Shoultl Lhe 30
strucfures.
accessory should be lower or
larger than the orincipal
on
no
2 foot rear seEback be less for accessory
3. There was 31so a typc in one proposed seclion.
!4y understanding is the intent of this amenalment was to aIloh,
storage sheds to be locaLeii in the rear yard just off the prop-
erty Iine. The 200 square f oot. size is the size of one car
garage -vshich exceeds the int.ent. I would suggest. this be reducetl
Eo 140 square feet with a 5 foot rear seE.back.
The second item ,as irhether the rear 30 foot seEback should be
reduced for larger accessory structures. The proposed change is
mcre restrictive than the .oresent code of 5 foot rear set.back for
accessory structures. In the case of large struct.ures, the
impact on neighbors could be Ehe sarne as the impact from a house.
Staff woulil recommentl Ehat larger accessory biuldings meet set-
backs and may not be larger than the principal structure.
R ECOMME NDA I ION
Staff would recornmend Ehat the City Council adopt the firsE
reading of attached ordinance amendmenE.
ATTACH MENTS
I
2
3
City Counc i 1Staff report
Crd i nance .
ninutes dated March 27, L989.
dated March 27, L989.
>rtrcxlrJdf *z
CITY OF
Cicy Coun: r t lleeEing - :'tf,r--il 27, t)S9
NAIEE A}4BID}IEVI FoR ACCESSoRY STRIJL-IURES , EIRST ,1ND sEo:IDTI. ZONING ORDI
READI}iG.
Counci L'nan B)yt: I gues s Irm a ljttle surprj sed to see a zonjng ordinanceanen&nent that's Eaken q.rer a year to get here appear on the ConsenE Agerda $rhenie finally arrives. If Ilou r.ould, it might hel p j f you refer to page 5 in yourgack. I guess to sorE o fte ll lrou $rhere I'm head i.ng witir this,Irm goirg toreco'nnend rhat thi.s be tibled f Or a cluple of trl;l j or reasons. fiie of them is,thjs :'.s a very signifjcant cha rqe in our ordi nances and I think that the currentc-ounci I needs to be involved i n discussi ons about it before re just 'rote on it..\noth 3r one is because I heva sqlle seri ous quesli ons about par ts of it ard I'dl ike to dsnonstrate scrne of t*lat tho se are.l€'re talking about allowj n9 peopl.etnthe residential si n91e fanily area to have an accessory buildirg that's r4, to1,090 square feet.Ncw Eo keep that jn Perspecti ve, r€ aII ow peopl.e to buj lChouses ,one level houses in thei r that are 950 square feet at a mi.nimun so itrscorcei vable tha t so.nebod y could build an out buildi ng bi.gger than their houseard they can put it I0 feeE fr6l their lot line.The back lot Line. Not, I thinkEhat one of the lssues r.e,ve got to look at hera is r*ry do r.e have a 30 footsetback i.n the f irst place? If i€ have that beca use tlE I re sayirB r€ r,rantnei ghbors that back into each othe,: to have a colmon green s-oace, by allowi::g abuildjng bigger than a house to h: built withi.nlgf eet , hla' ve just allor,,,ed onenej ghbor tc take advantage of that green space. I thi nk that, s an adullyimportant issue a rd lre realLy need to I ook at r.rheth er r a urant Eo, if 3g foots3tback nakes sense j.n the fjrst place,tfiy are r€ now ccmr ng back an<i sa y, ngyoucan Dut vi rtually the same size as a nou se within Ig feeE? I don't thinkUratrs a good way Eo design a nej ghborhood.thL' other th j ng i*rat I r"puldsuggest j.s tha t r.rerre alJ.o,.vin3 these buj ldi ngs to be wi thjn 5 feet if they're up:c 200 square !-=8. So EhaE:neans a single car g.]r3ge can i:e built 5 feet ircmthe back lot I i ne. I think rhe i.,iea of ahe se accesscry bui Id ings is scmeEh j.ngiikea storrge buj Idj ng. The largesE stor aEe buj.lJ r.ng Ehat. I rm arv3re or-, unlessyou cusEcn build it j.s gol.nl to be 10 x 12. Tlre c's 120 sguare feec. Thediscussion in th: pla nni ng Ccrmiss j.on tal. ked about thaE but then the y referenceC250square feet is wtrat other =srmuni tj es dc. I donrt Ehj nk that tranhassennecessarily needs to follow that lead ,.n Chis partj cular example. So those area couPle of the areas. I r,Jould suggest that some of :he changes that should beconsi.dered if r'p do table this , one rs $e Id nev er allow anbui ldi er th3 oe manent hcuse.secord thirg that I rDuld s ugges thatnegl Eo ;n:ke scme m nor charges in2. that is, if lrou t Il see in the second li.ne rd:ere t says ]ocated jn Ute
i tanr
front or rear yard,r€ need to crcss off lhe bord s etback because if LE donrEcross thar -rcrd off ,then th3 -cond Pfrt of ilre st : E!.:rEnt -.onfliu-ts with th_-first part where r"e I re talkirq about bui ld irgs may b3 located in Ehe front ardrear lards. If r"e s.ly they can be located in the s=Eback, then jt Coesrr, t nakeany sense Eo go on to sa y they must compLy with t hs front side ard applicableother setbacks. JusE jn conflicE.
)
Councilnan Johnson: T1I)o.
l'layor Crniel: I thjnk it.s probably rjght r"ha t !.?::r_- sayjnq. tt;, probabtyshouLd be bbled ard fr.ft.. gr:.51; ""'u*l- * &his aE th:t gerticurer Eilt€and I'II second vour nori on to. tebr.e Ehis garti.curar porEion until thoseconsiderations siroutd be broughE into view.
L
j
1
e
7'lCjty Council l,leet j ng - ibr;h 27, lg}g
Courci lman Boyt: It:night be, if others have scrne cqfilents Don, it might begood to get tho- back to our staff to r,rork with.
courci rrsnan Dimler: r guess r have a question Bi.lr . you sai.d sqnethi ng aboutthe accessory structure of L,oo6 square feet never to be bigger than ttp hdnebut yourre tarking about rural singre fani ry here. rhat nei6s you can't have ashed bigger than your house.
Courcilnan Boyt: tib !€.re not. RSF j.s residenti.al single family.
Courrcilwqnan Dimter: Vlhat's R-4?
Courci]fian Bo!t: R-4 is higher densi ty yet.
Counci lman Johnson: IE's dr4rlexes.
C.ounci llrqnan Di.mler: Okay, Irm sorry. I thought that r.,as rural.
I
It
!
Iii.
counci linan Johnson: Actually Ehese aie much stricter than vrhat,s in there rightnoer- rtrs a step in the right direction. I.€ qlrrently have a similar problsn
on my block excepE for they actually put it on the lot line. E\ren though thedrawi.ng showed it 5 foot off the rot line, rtrhen the structure LEnt up, it ena.aup on that 10t line. Rrblic safety's r.Drking on that one but it does on a snaLrlot creaEe a big problen. l'bybe the 302 is sonethi. og r^e need to look at. 3gzfor L,600 squar: foot building is only 3,600 square ieet. AJ.lowing 3At of aback yard to be firled with a singre structure is rearry a very raige reductioni.n that back yard. Especi.ally when you start geEtirg i.nto youi snailer yards.
3,000 sguare feet js nct :nuch oi a yard. ThaE's uhat I,000 square foot'strucrure- i€ don't allo$, 1,000 square foot hore to be built on a 3,000 squarefoot lot.
Councj.Iman Boyt moved, I4ayor Gmiel secorded to table action on t}te zoning
Ordinarce &nen&nent for Accessory Structures, First ard Secord Reading. AIIvoted in favor ard the motion carried.
Counc j lrnan Johnson: Do .,,,E serd thj.s back to Ehe plannirq Comission then?
Reopen the grblic hearings on i.t?
Don Ashtmrth: I don't think so. I€,re just going to resporri to the questi onsposed ard if lrou don'E feel cqnfortable rrre could serd jE back at that airne.
Courc j Lrnan Johnson: orre thi.ng j s the zonj ng ord j.nance amendnent, you ' rerequi red to have a p:blic heari ng on your proposed, this i.s what went before Ehepublj.c in tieir g:blic heari.ng process. r€ geE rnore strj ngenE than thjs, Ibelieve it should go back before Ehe grblic ard public hear!.rq again.
I4ayor Gmi eL : I Ehi nk 'i1at can be detcrmined aE riat ti me as to what , s deci ded .
Don Ashr.rorth: 9b, II lEve RoJer raspond Eo th3t qrjestion as r,rell .
!'Layor GmieJ.: To apDrove the balJrce of the Consent Agerda. Itgn b, c, d, e,h, j ard k- Do I have 3 rnoti on to approv-6 Eho- i Eelns into the Consent Agerd3?
9
CITY OF
EHANHASgEI[
P.C. DATE: June I
Aug. 3C.C. DATE: March
CASE NO: 88-8 zCA
i l\'
"--5, I98B, rggg27, 1989
PROPOSAI:
LOCATION:
APPLICANT:
DiectE'r ,&te--9J.ii-e:-
Dir $bmined to Ciarmissioa
€Fk
STAFF REPORT
Zoning Ordinance Amenilment To Sections 20-904 and20-615 (6b) and add Definition Of Accessory
S tr ucture s
Idti by City Admintt6to.
g6*r- y' Dcin
bditi€'r
Fz
o
=(LL t------Dl' $rbl:rld?d io ccuncil
:a r-,i{-
--.j-=+-
PRESENT ZONING:
ACREAGE:
DENSITY:
ADJACENT ZONING
AND LAND USE:
WATER AND SEhIER:
PHYSICAL CHARAC. :
2OOO LAND USE PLAN:
Prepared by: OIsen,/v
(
E
hJF
CN
N-
s-
E-
w-
ZOA - Accessory Struc turesApril 5, I989
Page 2
BACKGROUND
The Planning Commission reviewed amending the ordinance foraccessory structures on March 2, L988. At that time, the it.emwas tabled until staff could come back with Tim Erhartrs commentsand additionaL comments on lakeshore lots (Attachment {i1). ThePlanning Commission wanted to have a maximum size for an accessorystrucE.ure for lots 5 acres and less.
At the May 18, 1988, meeting, thseveral changes and directed sta
( AttachmenE *2).
e Planning Commission madeff to concluct a public hearing
At the June 15, 1988, Planning Commission meeting, the CommissionEabIeC action on this item unt.il the whole ordinance could bepublished. The Commission had no further comments or correctionson the proposed ordi:rance amendqent for accessory structur3s
( Attachment. #3).
On August 3, 1988, Bhe Planning Commission held a public hearingon the zoning ordinance amendment and recommended approval of the
amendments Eo Sections 20-904 and 20-515 (6b) (Attachment *4) asfollows:
Section 20-904, Accessory Struct.ures
(a) Detached Garages and Storage Buildings.
L No detached garages and storage buildings in any agri-cuitural and residential district shal1 be locaE.ed inrequired front or side yard.
Det,acheal garages and storage buildings in the RSF andR-4 Districts having an area up to and equal to 200
square feet in size shall have a rear setback of five(5) feet. Any detached garage or storage building over200 square f eet. and up E.o and equal to t.he maximum of1000 square feet shall have a rear yard setback of fif-teen (15).
Detached garages in aII agricultural and residentialdistricts must be archi t.ectu rally consistent with Eheprincisal s truct.ure.
3
4
A de Eached
shaII hav=
storage bui ldi ng
heighE of twen t y
in Ehe RSF District
( 20 ) f eet..
garage or
a maximum
5
2. Detached garages and storage buildings in the RSF and
R-4 Districts shaIl noE exceed 1000 square feet in size
aDd shall not occupy more Lhan 3Ct of t.he area of anyrear yard. (A rear yard is measured as the area betweenthe rear wa1l of the principal structure anal the rear1o! 1ine. )
ZOA - Accessory Struc tures
April 5, I9E9
Page 3
Detached garages and storage buililings located onriparian lot.s shal1 maintain a set.back of seventy-five(75) feeE from the ordinary high water mark onRecreational Development Lakes and one hundreil fifty(150) feef from the ordinary high rrater mark on Natural
Environment Lakes as tlesignated on the Official ZoningMap. Detached garages and storage buildings on riparianlots may be located in the front yard but must maint.ainlhe front and side yard setbacks.
(b) Tennis Courts and Swimming pools.
6
1. No tennis courts or swimming poolsthe required front or siile yard andrear yarC setback of ten (10) feet..
sha11 be located
sha11 maintain a
1n
Tennis courts and swimming pools Iocated on riparianlots sha11 maintain a setback of seventy-five (75) feetfrom the ordinary high water mark on RecreationalDevelopment Lakes and one hundred fifty (150) feet fromthe ordinary high waE.er inark on Natural Environment.
Lakes as designated on Lhe Official Zoning !4ap.
Section 20-6L;, LoE Re quirement.s and Setbacks
2
(c)In any residential district, or agricultural district pa!-cels rrith less than 3 acres, no storage building, detachedgarage or accessory use shall be erected or constructedprior to t.he erection or construcEion of t.he principal ormain building but. may be erected simultaneously.
5 b. Accessory
Definition of
st.rucE.ures, 20 feet.
Storage Buildin
for the storage of materials and accessoriesassociated with the principal use of t.he
A s Lructure used
used and normallyproperty.
STAFF UPDATE
Section 20-9C4.Accessorv StrucEures.
After further review by staff, we would recommendthe amendmenL be altered to modify the City CodePresent language is typed below with lanquige toas H and new language shown in CAPS.
the Ianguage ofas noted oe1ow.
be deleted shown
(a) A detached
Iocated in shall be
rear yard.
accessory struct.ure, except a dock,the buildable lot area or required No
ZOA - Accessory StructuresApril 5, 1989
Page 4
accessory use or structure in any resj.dential
be located in the ANY required front, or sicle
SETBACK WITH FOLLOWING EXCEPTIONS:
tlistrict shal1
]TAfd OR REAR
I
2
In the RSP and R-4 Districts detached garages and storagebuildings shall not exceed 1000 square feet. These struc-tures may encroach into the rear setback as follows:
a. If 200 square feet or less, minimun rear setback is 5t
( five feet ) .b. If more than 200 square feet, minimum lear setback is10' ( ten feet) .
On riparian 1ots, detached garages and storage buildings
may be located in the front or rear yard setback but must
comply with front, side and applicable orilinary high water
mark setbacks.
3 Tennis courts and swimming pools may be locatetlyards with a minimum side and rear yard setback(ten feet), however, must comply with applicable
high rrater mark setbacks.
in rearof I0'
ord i nary
(b)A ilet.ached accessory structure may occupy not. more than thirty(30) cercent of the area of any rear yard. pr.orrid€d that lto
+se*eitcti aeee3sor? stfitetttre slral* be gl=ecd nsnrer t:hanr +irrc++ # *ron any rear :Lot :tsi*e.
(c) In any residential district OR AGRICULTURAL DISTRICT, PARCELS
WITH LESS 'rHAN 3 ACRES, no accessory b(ri++i*g or struct.ure OR
USE shall be erected or constructed prior to the erection orconstruction of the principal or main building but may beerected simultaneously.
Section 20-5I5. Lot Requirements and Setbacks (RSF Distrj.ct).
6 b. Accessory structures, twenty (20) feet.
Section 20-1. Definitions. (Aald followin g new definit.ions)
Lot, riparian means any lot within 75 feet of t,he ordinary
high water mark of a .l.ake, pond or retland.
Storage builiting means a strucEure used for the storage oimaterials and accessories used and normally associated withthe principal use of the property.
on t.lle -orevious proposed anendrnent. ne rrould recouurencl subsections
20-904 (a) 4 & 5 be deleted. Staff is concernetl thaE subsection 4could not be enforced as there is no means for determining what is
"archit.ecturally consistentn. Subsection 5 is covered by Section
20-615 (6) b and need not be repeated here.
ZOA - Accessory S Eruct.uresApril 5, I989
Page 5
Plannirg staff
motion:
recornmends the City Council adopt the following
'The Ci ty Counc i I
Section 20-904.
approves
Accessory
arnendments to the City Code as follows:
Structures.
(a) A detachetl accessory struct,ure, except a dock, shall belocated in the buildable lot area or required rear yard. Noaccessory use or seructure in any residential district shallbe located in any required front, side cr rear setback withLhe following exceptions:
I In the RSF and R-4 Districts detached garages and storagebuildings shall not exceed 1000 sguare feet. These struc-tures may encroach int.o Che rear setback as follows:
a
b
If 200 sguare feet or less, minimum
( five feet ) .If more Ehan 200 sguare feet, rniniarum
I0 t ( ten feet.) .
rear setback is 5'
rear set.back is
2
3
on riparian i.ots, detachetl garages and storage builaingsnay be located in t.he front or rear yard setback but nisccoinply hrith front, side and applicable ordinary high watermark setbacks.
Tenni s courts and swinrmingyards with a minimurn side
( ten f eet), ho!,rever, musLhigh rracer mark setbacks.
pools may be located in rear
and rear yaril setback of 10'
comply rr-i th applicable ordinary
( b)
(c)
Sebtion 20-615. Lot Requ i r ements and Sstbacks (RSF District ) .
A-detached ac.essory struct,ure may occupy not tnore than t.hirty(3J) percent of the area of any r-ar yaid.
In any residential Cistrict or agricultural districL, garcelswith less Ehan 3 acres, no accessory strucEure or use shallbe erected or construct.ed prior to Lhe erection or const.ruc-tion-of the principal or main building but may be erected
s inu I t.aneous I y.
5 b. Accessory sLruct,ures, twenty (20) feet.
Section 20-1.Def ini t ions.(Add foLlowing new
Lot, riparian meaDs any lot i.rithin 75 feeEhigh water mark of a lake, gond or netland.
St.orage building means a strucEure used formalerials and aecessories used and normally
Ehe principal use of the property. "
definitions )
of the ortlinary
the storage of
associat3d iri th
RECOMMENDAT I ON
ZOA - Accessory StructuresApril 5, I989
Page 6
ATTACHI"IEN T S
I
Z
3
4
Planning Cornmission minutes dated March 2, L988.Planning Commission minutes dated May 18, 1988.Planning Commission minutes dated June L5, 1988.Planning Comrnission minutes dated August 3, 1988.
PIanni.ng
March 2,
Commission Meeting
1988 - Page 26
C
I
SECTION 2g-994, ACCESSCRY STRUCTURES.
olsen: what werre proposing to do..no!, is, number l just states thatl?_9i!:.l.d.garage or storage building in any aistrilt shall belocaEed rn the required front and sideyard. Number 2 wouldessentialty be for RSF and R_4 districfs wherJ-ii-r.rfJ-iii, rn nsrand R-4 districts detached garages...and then add the remainder ofthis rrrhere it was tarking sieciiiciiiy'-"uout RsF and R-4 with theL1066 squaxe foot and rnaiimirm "i-ist-6r'tne r-iiyiia ind iii"tiui "; .paragraph under 2. Then make number 3 as another section under number2 because this wirl be-pertaining to ih. RsF and R-4 distri;a;: --------
Nunber 4 then is also for the r"iirur-t,"ighi,riii--u";;;ii; to theRSF and R-4 district. If you feel that you iranE these also for theother districts, we can arso add that under number 3 that we added for-murtiple famiry commerciar, industriar aistricii-ititing-tnut tr,.yshall have a rearyard setback of Ig feet. Essentially werve got oneas a condition for arr districts. Trro wourd be RsF "ia n-a. Threewould. be mulriple family, cornmerciaL and incusiriif Ji"tiiii". Thenr.re tried to further define a tennis court and swimming pooi, ,tr.r.they can be rocated and where they can not. when you-16ok it theordinaoce now they are considered-an accessory use but then you usethe accessory structule setback so we came up with "p".iii"requirements for those. (c) is ttre same.
Conrad: what did we decide? City Council didn,t like the 1., gg| footbuild ing righr?
olsen: They wanted different setbacks and Birl is here to be sure.
Emmings: Thatts been incorporated already.
Olsen: Right.
Conrad: They literatIy
a. garage or a building
them but Ehat was what
said in either point Ias large as L,ggg feet.they said.
or 2, they did not rdan! _Not that I agree with
Dacy: They did talk about gO0.
gol:?d., What are you thinking BilI? Let me give you our logic,I think when we went -through it a month or gyc ago. Tom didn,t caIIon me for our rogic during our meer,ings so I,rt itrare-ii iiir, vo,r. wereally took a look at what it would take for a 3 "", g.."g!-and alsowhat it wourd take to have a rittle shoo in there and-ttrei-steve aaaeaa lot fudge factor or something and we lu.. op nith l, ggg feec. webasically Looked at garage stairs to be a key there. r think 800 feetProbably would work too. I don't know if thire,s " gr.ui aeaf oedifference between 800 feet and IrAOO tiet in our mind but whenr heard city councir talking, r hearcl numbers that rrere significantlylower rhan the L,AOO. Bilf; do y;;-h";; any corunenrs? Anything toguide us on this thing based on init 'you
trearaZ
I
Plann i ng
March 2,
Commissj.on t.eeting
1988 - Page 27
-C
Councilman Boyt: I reme:nber saying at the meeting, when rre firstdiscussed this and I think .$rhat I could live with is if the outbuilding eras never to be larger than the main structure. In a sensethat we don't require a house, the ninj.mum house size is less thanI,090 square feet. I,d like some neans of avoiding the situationwhere a .oerson has a 859 srquare foot house and I,000 foot outbuilding
15 feet fron the lot 1ine. I have a really serious problem and willprgbably vote against this if we come up with L,ggg sqvaxe footbuilding and put it closer to our rear 1ot line than we now allow a'
850 square foot house to be. I think that's inapprogriate.
Headla: what about a Iittte sears sheet metal utility shed?
Erunings: Thatrs under 200.
Conrad: That's under 2gg so there's
that in
no problem with that.
Emmings: That's why we put there was that concern for that.
Councilman Boyt: If I might just comment one more thing about thatitem, when I think of a si.ngle car garage, which is erhat I hadenvisioned about 206 square feet to be, and see that 5 feet from aback Iot line, I get nervous about that too. Vlhat I see as an outbuilding is something where a person can store a Lawn mower or a fewtools and I know staff was going to check into vrhat a typical size of
an outbuilding is. what is a typical s j.ze of an outbuilding?
Olsen: It's alvrays an 8 x 16, Lg x L6, L5 x 12 and he said op Eo 2gg.
Then I always checked around irith other ciEies aod 2gO was Eire cut-offpoinE for their small build j.ngs and Ir000 was the typicaL max j.mum.
Dacy: That's in the Bu j.lding Code too. The L,000.
Councilman Boyt: That the lt007 i.s a maximum?
Dacy: For a garage. Tin Erhart had come
garage aI so.
up with L,006 for a 3 car
olsen: we first had 8ga.
up wi th L,ggg.
real1y here to I i sten
Dacy: Then Tim
Councilman Boyt:so Eake it alray.
came
I'm
Dacy: Thatrs the concern about the accessory building be larger
the princJ.ple building. I think that goes right in ujth (c) and
logicaL extension of that as far as when an accessory building isconstructed. I think thaE's easily accomodated if the Commission
rdants to pursue that. The only exclusion to thet ldould be if you
in an A-2 area and your barn would be obviously larger than your
but that can be excluded.
than
is a
were
horne(
Conrad: ?he districts that 2 RSF and R-4 -
letter to RR-I and A-2 ifEmmings:
theyrre 5
aPpl ies
that in
to,
hisTim wants to expand
acres or less.
Headla: And I think we'11 want to make that 19.
Conrad: I agree with Tim in thosethat are residenti.aI in nature. I
Emmings. I think the record shouldmakes much more sense when he,s not
Conrad: Hers much more agreeable.
reflect that we all think Timhere than wben he is.
didn't have a good logic. I didn,t I ike
3, noe, it, s assumedbuildings is left out of
i.arger
a9 ree .
lots that I,erre allowingI think we should.
l:?qlu: Which point are we going to discuss here? we,ve gotdifferent ones. ff werre goi.,g io talk about Timrs *..o, i-Oon,tthink it should be 5 acres. I;think it should be.10. Look on thewest side of Minnewasflaf you can put up an awful big buitding thereand-it just doesn'r fit inlo the "i.u.'r'd be .rrec[ea-[v-it uut rreally thing that,s for the good of Chanhassen, that.s ttr6 way ltshould be.
Conrad: Isthink the 5
Dacy: Your area is zoned RSFmaximum of It0O0.
there any log ic
acres. . .
we can use? I hear r.rhaE you, re saying. I
Headla: So we'd knock aIl but one out in our area.
to fall under theso you i re going
Emnings: ftrs funny aboutdon't really know why.
5 acres, it just kind of feels Eight but I
Dacy: r think the 5 acres, arl Ehe Hesse Farm rots are approximatery5 acres and arl the cluster subdivisions are berow that. if you wourdraise it to Lg' it wourd- probabry i;;i;;. some of Ehe orhei separaterydescribed sporaric parcel! throuAho;i-iire city.
Headla: Even though Irve got Ig acres?
Dacy: Right. What we,re.proposing to do is regulate it by zoningdistrict. Tim'is concern il out in-the iurar area. your zoned RsF.You have 1g acres. you have a maxirnum of L,0X0 igo"i.-i..il'
Headla: ?hat accomplishes what I r^ranted.
Conrad: It feels right but Ithe l0 but I do like Ehe 5.
Enmj.ngs: Irm wondering why in the old numberunder 2, it says deEached garages but storage
(
Planning Commissj on Meet j. ngMarch 2, i988 - page 28
I
Planni.ng
March 2,
Co:nmission Meet i ng
1988 - Page 29
t
there. Is there a reason for that?
Dacy: Yes. Our concern was that we had a difficult time trying toenforce that condition on, for example 120 square foot sears buitaingor one of those. Vlhen we talked to Tim more about it, he said thatwas his main intent arso, was to make sure that the girages at reastIooked the same as the house then.
Emmings: How about saying detached garages and storage buildings over209 square feet? Because- if they, re going to build a bigger buiLding,wouldnrt rre want then to be?
Olsen: A lot of times those are still polebarns.
the RS R?EmmJ.ngs: Can they build polebarns in
Dacy: You
purposes.
when itts a garage...
do need the thicker walls obviously but Building Code
Dacy: Yes.
OIsen: But
Enm j ngs: The other thing I've got is, number I says no detachedgaraEes or storage buildings in any residential district shall belocated in the required flont or side yarC. Do$rn under tennj.s courtsand swimming pools, yourve put in some special language for riparianIots. Again, not Irm getting kj.nd of worried about ;ny own situationhere a little bit but it does coxne to mind. This would prevent mefrom building a garage on the side of my house away from the lakewithout a variance, would it not? What is my rearyard?
Dacy: The lakeside.
Olsen: So you have a 75 foot setback for any structure.
Erunings: Yes, but my frontyard is away fro the lake andsaying I can't build a garage back there when the road is
my car comes in there. I've got to put my garage now...
you I re
back there,
Headla: Itrs the old story, whj.ch is your frcntyard.
Olsen: You still have to be
You could stj.Il, if you houseyour garage in the front.
30 feet bac): and that's the frontyard.
$ras 50 feet back, you could still have
Dacy: Are
Emmings:
you calling your lakeside your front?
I'm aski ng.
Dacy: The ordinance defines the frontyard as that part that abuts thestreet. Your case, because you're on a private easement.
{
Pl ann i ng
March 2,
Commj.ssion Meetj.ng
I988 - PaEe 3g
(
Dacy: The ordinance defines the lakesj.de as a rear but it can,t beclose as 75 feet. Between 75 feet and you! house you cotild have agara9e.
as
Emmings:
my f! ont
gara9e.
This
is by
says I canrt build a detached garagethe street but that is where I would
in the front and
Iogically build my-
Olsen: You can't have
Emmings:What yourre
you rrant toDacy: If
var i ance .
it within the
saying is Irve
build a garage
setback of the front.
got to get a variance.
in the frontyard r tourll need a
Errm i. ng s :
Ellson:
Conrad:
But why should
Hor^, many people
Quite a few.
rre mak_e that necessary on riparian lots?
wi 1l that affect?
Enmings: Everybody who lives
Dacy: Especially in the
on a lake.
platted areas.
bef ore. $fe sti I1
you were goiog to
older
thi s
and
Headla: We talked aboutdefini ti on of a front.yardthat for me.
donrt have ago back and look at
Dacy: The ordinance definesabuts the public s lreet.frontyard as that part of the Iot that
HeadIa: But thatrs
You've got l akes .
not good enough. you,ve got double frontage lots.
Dacy: We define a doubLe frontage lot also.
Erunings: Hy pojnt is this,coutts and swimming pools oflots and why not do the same
Dacy: Thatrs fine.
OL sen: On !iparian lots?
Emmings: Yes.
you've gone to the trouble dovrn f or t.enn j.sdistinguishing what you do with riparianthing for garages and storage buildingsl
Olsen: The ShoreLand Ordl'.nance grohibits
Ehat what yourre talking about?
Emmi.ngs: No it i s not.
tha! withi.n 75 feet. Is
{
Planning
March 2,
Commissj.on Meeting
1988 - Page 31
C
Dacy: A11 werd be doing
says.
1S repeating what the Shoreland Ordinance
Conrad: Steve, why donrt
here and I guess I'd liketime that we meet and work
about it a liEtle bit more
stuff.
Emm j ngs: I
the rest of
table this? There are a lot of t.hings
have staff come and bring it back nextthese considerat.ions and just !hinkterms of riparian and that kind of
t
we
to
i.n
in
Dacy: Let me explain this. The intent to permit an accessorystructures in the froirt and sice yard i.s, in the case of the !ideyardto not block and access between two lots. The frontyard is tomaintain a safe distance betvreen the public right-of-way and any typeof structure for safety reasons. Like in your area alo-ng HorseshoeCurve or the Red Cedar point area, Ehere are a lot of those old3rgarages that are right on Eop of Ehe road. I think everybody knowsthat thaE's not the best safLty type of situation also s6 tir-isaccessory buildings not being able to be located in the frontyard,thatrs a typical requirement in mcst ordinances. Maybe it should berooked at through a variance procedure in some specia] cases because Ithink to allohr it outright may be creating more problems than itrs
lror th.
Emmings: Just think for a m j.nute. If lre allor.red iE on a riparianlot, r"rhen they come in for the permit they're 9oin9 to have to meeta1l the setbacks - If you allow it jn the fronEyard on a riparian lot,yourre not gojng to run j.nto the Red Cedar Point type of situaE.ion.
thi.nk we aIl kj.nd of like, canus seem to Ehink that Tim had
speak about Tim,s, butgood thi nEs Ehat could
even
s ome
Emmings: All I lrant lo:py is sornething like, on a riparian lot theyshouldn't be allowed in the rearyard.
Dacy: Your intent is to prevent the abirity of sonebody to construc.tsome type of storage buirding bet'ireen the piinciple strircture and ttreIake?
Enmings: And to allow it in the frontyard in that situation.
EIIson: You don,t want a Sears thing in the back that has lifejackets in it and things like that?
Conrad: We don't need a 1ot of variances coning in here with peoplewho rive on lakes and 2Qx of the peopre in chanfrassen live on iax-es.
Emmings:_ Irve probably got 25A feet dolrn to the lake from rny house.r donrt have any troubre getting back 75 feet. Not that r wourd everbuild a building there. No one in their right mind would but whycanrt I just get a permit to build it in my frontyard in thatsituation? vJhy do I have to get a variance?
Planni.ng
l4a rch 2,
Commission Meeting
1988 - Page 32
seconded to table action on Section ZS-954,AI1 voted in favor and motion carried.
Headla moved, EmmingsAccessory Structures.
REVIEW PROPOSED STATE ENABLING LEGISLATION.
Dacy: If I could just bring you up-to-date rrhere it is rdith thelegislature. It is in committeb from what I understand now andvarious comrnunities have been testifying pros and cons on many ofthese issues. My main i.ntent of bringinq this to your attenti.on is sothat you're avrare of this ploposed rai because it Soes have in someinstances, very significant implications on how pranning commissionswrrr be operattng rn the future. Minnesota I think is unique intal<ing this approach of looking at it's enacring legisratidn and doinga conplete revamp. Looki.ng at other raws rike t.he Metropolitan Landuse Planning Act and looking at how cities rerate f uncti-onally withcounties, etc.. For exampre, if you noted on page 30 tor conaitionatuses, I'11 just bring the sxampre to your aEtention. soinething that,seasily identi.f iable. ArI the languige thatts underrined is what isbeing proposed. Vthat is being proposed j.s that the pf.nningcommission is getting a littre more authority on .onlitionui o""pernits- what it's saying is that the city 60unci1 has to considerthat planning commission's recommendation ind over two-ehirJs of thecouncil must abide by. the planning commission's recomnendation or by atwo-thirds vote override that. so for example, that is different thanwhat was 1aw up untii this iirne. Another iisue in here, tiis doesnrtaffect the planning commissi.on necessariry but the composition of theBoard. of Adjustment and Appeals. What,s being proposei is thatcouncilmembers are not going to be permi.tted [.o- sii on the tsoard ofAdjustments and Appeals. ?hat is current practice in chanhassen sothat takes a different approach. There arE other larger issues thatw6 could go on and on about as far ai consistency betieencomprehensive plans and zoning ordinances and so on, but again, mymain intent rras to get you familiar with this so you underitand thatEhis has direct impacc on how you decide issues uid ,h.t you can "nawhat you canrt do. rf you would rike, r could bave Roger Knutson comein and hi.ghright the chances a littre bit more. Because on lrhy theydid thjs or why they did that, Irm not up to speed on. I don,t knowthe h j,story or the rational but Roger could give Ehat.
{Headla: one point rrd like him to comment on is chanhassen goinghave liability on us then like they cover the Council? Right now
to
they
(
be incorporated too.
Dacy: r understand he won't be able to make the neeting on the r6theither.
Headla: r don't think we h,ant outbuildings on the rakeside alrowabre.
Dacy: We'lI bring it back.
Planning Commiss j.on
May 18, 1988 - page
I,lee t i ng
20
-r\
system capacities as
Process.
part of the plans and specif icat j.ons revrew
5 The road profile shall be revised to show athe Minnesota Department of Transportation'ssubmitted for approval by the Cit| fngineerspeci ficatJ ons review process.
landing zone vrh i ch meetsguidelines and shall beas part of the plans and
6
7
8
The proposed right-of-way shall be revised to a 6g foot right_owidth, and shall maintain a 60 foot radius at the end of tiecu1-de-sac as per ARticre 3, sectioo 2g-57(bl of the chanhassensubdivision ordinance. The proposed right_oi_r.V "n"ii-[.-piutthe edge of Outlot B and submitted to the City Staff a plan sigthe amendment to the right-of-way.
f -way
ted tonifying
A1l utilities shall be jacked underneath
Subdivision is contingenr upon the IIUSAMetropolitan Counci l.
AIl voted in faovr and moEion carried.
APPROVAL OF MINUTES:
ACCESSORY STRUCTURE REGULA?IONS, DISCUSSIOI.I.
Jo Ann OIsen presented the staff report.
Audubon Road.
line being approved by the
Erh3rt moved, Wilderrnuth seconded to approve th_- Mj.nutes ofCo:nmission meeting dated May 4, lggg rvitn tne change notedBrian Batzli regarding clarif icat j.on on the voting outcomeAlL voted in favor ani the motion carried.
the PI ann i ngon page 52 byfor the motion.
Emmings: We had a long discussion around this where
come in for a variance vrhen I hrant to build a garagenothing was changed in here to reflect any of that.
I said, why would Iin my frontyard but
Ol sen :
30 foot
That's where we di scussed j.E. The frontyard, you still have thesetback. That vray you wouldnr t have to do a variance.
Emmings: My point then and I read it and it was kj.nd of conf us j.ng somaybe I havenrt made mysel f clear on j.t. Ml' rearyard on a ripar ian lotthis would say that I can't build a garage in my -rontyard which i.s thesj.de of my house away from the lake. The street sjde which is the loEicalpJ-ace for it. My poj.nt is this, why don,t te say that on riparian 1ofs,no detached garages and storage buj.ldings jn resi.dentjal districts shalibe located jn the front or side yard except on r j.parian Iots or somethj.ng-( ljke.that. The point being, thei r can come jn ana simpry get a buildin6\- permj t rather than having to go through the varj.ance process.
Dacy: tsut you sE j. Il have to meet the fronE setback.
L
Emmings: I always have to meet every setback. Isetbacks.. J just wonder why I have io go throughNo one builds their garage Letween tneii house inathink.
It may be thJt there are smaller homes
9arage.
I r,rould think they would vrant to put it
It depends on whose street jt js.
know I have Eo meet thethe varj ance procedure. -the lake, I don'E
you
tryj.ng
Located about that donrE
Dacy: So you.re looking at either 7 or g?
Emmings: I donrt knorr. I was trying to nodify number I but maybehave a better idea. No. 7 stays io=[ fix. it is.
D?cI: What I'm saying though is, that would be the section. We.rewith each numeral have a seiparate rule for each .rumerai.----
Emmings: Then do you want to add another number?
Dacy: Number 7 pertains to ripariin lots.
Erhart: why did you come up with number I to begin with? lghat was theobjecti.on to having Ehe detiched garage in the riont oi sioe of the home?
Dacys That's standard practj.ce in most zoning codes.
Batzli: I'm losjng Ehe chain of thought here. I guess from tneneighborhoods I'm from, the garage i.s al'ays detached and iE,s aLwaysbetween the house.
hrildernuth: It,s on the side yard or rear.
BatzIi: No, fro ot .
Emrnings: tihere I grew up it was always rear.
Batzli: It depends. If yourre in Ehe City and yourre going down thealley, it's always in the backyard but in a tot of .o..'.urirized, justkind of places I've seen, quiC6 a f.r-qurrg"= are in the front yardbecause itrs right up against the road-and you've got -th.-horse set back.
Erhart: I think you,ve got to remember where we started on this thing. Itstarted about six months ago when some quy came in here with 7 acres onRSF district and rranted Eo put up 3q,0O6 sguare foot barn. Someho$, nohrrre've got this around ro weire rirxing ;bo;;-;;c;;"or|-u"i:.aing". rntodayls marketprace, no one buirds a iingre family tro,rse in-a srnarr 10thrith detached garages' Irm not even sure that th;t,s an issue. r 3rmost:li:|.t, addins number r thar we may "i""t". pi"li", tiiat-iearry-d;;;;ii
Batzl.i:
hsve a
Erhart:t
BatzIi:
in the rear.
Planning Commission Mee t j. n9May 18, 1988 - page 2t
Dacy: An exampre of that is in the carver Beach area. Those crder areasand- typically they are within the 3g foot setback and we do have theability to put then through the variance process so we can evaruateexactLy cl.se that it shourd be. r realry recommend that you keep 1 inthere because then 1aw, even with the p."-rrioo. orr"., "ii,ai-up ;n thisbook.
Emming: Itrs not a bad general rule.
Dacy: Right. Exactl-y. For separation of buildings and the street...
Erhart: Did you have anlrmore on that Steve? f r.rant to get back to this.
Emmings: No. I guess I'd like to find a way so if a person on a riparian1ot wants to buir-d a garage, they can come in for a peinit and make surethey meet alr the setbacks but not_ have to go through the variance. ThereisnrE any doubt rhar if r come in is a ripaiian i;i';r;;; aia r want tobuild in my frontyarg,- .I'* going to get that variance. The City's notgoil'g to make me buj.ld betrareen the like. They're not going to irake me putit in the rearyard.
Dacy: I'm not going to say always but you're chances are increaseo.
Emnings: Isnrt thjs one of those situations whereit through the permit .crocess rather than having tothrough the cost and expense?
Dacy: What I was thjnking of to discuss wouldthat on riparian lots Ehe detached garages, doonly to detached gar3qes as opposed to storage
Enmings: I don't knorr.
Dacy: There's an aesthetic standpoint.
Emmj.ngs: I would say garages. I guess I wouldn'tbuildings at this point. I would iay gar.ges.
Dacy: That detached garages may be locatecl in themaintain the front and side setbacks.
Erhart: I t.hi nk wi.th your 4 and 5, the way iE,s coming out right norr,it's not geEting accompl-ished what r see accomprished includi.ng wirat i'rnconcerned about. ThaE js, jErs a situation where essentially asubdiv j.sion, even though j.t's in the A-2 or RR distrjct, j.s essentialry agroup of small lots.. GeneralIy with our current ordinance the tendenlyis to do 2.5, economicall-y thaE size. They come out just like an ItsFsubdivision and the concern is that on Ehese buirdings, the houses areuniform. Again,.ljke i:nything else itrs to avoid a situatjon t here theycone in and puE in a metar buirding in the middre of a residentia.l. arei'.The way it reads now is jt,s kjnd of mushy so whaE Irm sayjng is, maybet'rhat the real cutoff here is rvhen do you get out of this lubaivision
vre can let staff handle
rnake a person {o
be t.o add on a sentenceyou just want to exclude it
bu j. ld j ngs?
mess wi th the accessory
frontyard but it must
Planning Commission i.lee t i ng
May 18, 1988 - page Zz
Planning Commission
May 18, 1988 - page
l,leeting
23
the percept j. on of archj.tectural
9oin9 to be a garage, you have Eo
cluster and when do you get into the rural area? frm not opposed to metalsheds at all in the rural areas... Dave would argue that .rot on Ig acres.5 seems reasonable to. me. Bruff creek, the Hesse-rarmi, -a'iot of theserrrhere you've got 100 homes coming in there putting 2 L/2 acres, they arealL 2 L/2 to 3 acres subdivision so when you're d5ne tirere is thetemptation to put tha! metal shed when somebody has built a F3g0,OgO.gOhome. I would rather..ugjo:! this acreage thing down to 3 acres if you-have a concern about this. bigger buildiig rath6r than maiin! it aconditional use because wtrat-iappens in'-conaitionar uses ,r.-forg"t ,hutthe intenti on was .
Ellson:. Why don, t. you nake the point that this is trying to eliminatemetal sheds? We spent a little bit on t.hat one before.
Erhart: We can combine aI1 of Ehis in one. What I,d likeanything below 5 acres they can not be allowed at al] andcondition use permit._ - Secondly, make them argicultural.detached garages on all resideitiat, aIl lots less than'5architecturaLLy consistent. Now if the Commission feels 5Drg, rather than making this mushy, I'd rather reduce theeverybody feels comforiable that ie,re aoinj-i ;;;;i;.-;;.subdivision. Does that make sense?
Emmings: lvhere rrin confusecl is if the detache,i garage, obviousry thatdoesn't i ncl ucie accessory buiIdings...
Erhart: The i,ray you have it now, de.ached garages. you just restrict itfor residential districts. .q_2 I assume is nor aE all.
Dacy: No. f useci the tarn in a1l residential districts.
Ellson: Even A-2, thatrs residential.
Erhart: I see. So you are including the A-2?
Dacy: Haybe you can.clarify it to make sure deE3ched garages jn aI1agricultural and residential districts must be architeiturifry...
Erhart: r think you should say 5 acres or less. on 10ts 5 acres or less.
i::;:rir_:i a suy has 246 acres then hrho cares vrhat his detached sarase
to do is
erase the
Change 5,acres must beacres is toolot si ze sothis
contj nuj ty.
have walking dJstance
Dacy :
EIIson:to the
Dacy :
Itrs sti ll
If i t I s
house.
Do the same as you did in j.tem 4. you use the tarm 5 ,:cres or
The 5 acres really came for the storage bujldjngs.
Erhar t :
Iess.
Planning Comn i ss j. onMay 18, 1988 - page
I'te e t 1 ng
24
Erhart: We're
bui ldings?
differentiating between detached garages and accessory
Dacy: Yes, because the storage buildiogs, then you,re getting into metaland all that business and you really shouldn,t be...
Erhart: Does thi sIess than 5 acr es?
change then allow us to put up metal build j.ngs in lots
Dacy: We are not saying anything about metal buildings.
Erhart: Are we differentiating between accessory structures?
Dacy: Yourre differentiating bethreen detached garages and storagebuildings.
Emmings: Do lre have definitions f-o r each of those in the ordinance?
Dacy: we have a definition of a garage and building as a stlucture.
Erhart: 'what about the guy who comes in and saying rim not proposingI build a detaciled garage. I'in proposing to build a storags shed.
tsmming: That I'm Eoj.ng to puL my car in.
Erhart: Yes, so all- of a suciden this doesnrt apply anymore.
Dacy: we do have a <ief in j.tion of a garage.
Erhart: All I want to do i.s prevent solneone from coming in and sayingbuilding a I,290 foot inetal building.
Batz1i: On accessory structure it doesnr t have to be primary...so heput up an accessory structure without coming in for action.
Emni.ngs: lie do have accessory structures?
Dacy: Right.
Erhart: Why can'E we just say on item 4, change it to say in the A-2
RR district no detached, or in alI these districts, no detached garageaccessory str uc Eu re?
tha t
I'm
can
and
or
Dacy: Because you're forcing people to, instead of goi.ng t.o itontgomeryWards or just getting those....
Ellson: The l j.ttle ones, youtre Eelling Ehem they can,t have them.
Erhart: Irm saying no accessory structure shall exceed lr00O square feeton lots 5 acres or less. Change the words from detached garages Eoaccessory structures.
Dacy: Start over. On 4 or 5?
t
Erhart: on 4. In the .{_2 and RR districts noexceed 1,000 square feet.
Dacy: That's there.
Erhart: youtre using the term detached garage.
Dacy: And storage bui ldings
Erhart: okay, r'm satisfied. r.guess r_rras thinking of storage bui.rdings:r was.thinkine of those-littra tiiv buirdinss-t;t-y;;';;;;;.9 rhe tern todescribe all of thern. Okay, Irm sitisfied.
Batzli: rrd rather see the terms defined than coming up with detachedgarages and storage bujlding rvhich isnrt defined .nyit..u.
Emnings: Accessoly structures seeired broad to me.
Dacy: sEorage buirdings are listed as an accessory use in Ehe district.Storage build j.ng is an accessory structure.
Emmings:IfaccessoryStructureisthebroadestterm,tvhvnotuseit?
Batzli: ,{e heve pools uno-r that. parking lots.
Dacy: Thjs got back to your original discussion between use anc structure-and we beat eacn cther ove! the head aod Ehat.rs why vre came up rlthstorage. lihat are we tryj.ng E.o regulate? Storage bujidings anc garages.They're all accessory stiuciures, ies. --
Erhart: What hap!.ens with a horse barn?
Dacy: Werre callinE those a private stable.
Batzli s private stable would be an accessory structure.
Wildelnuth: Itts in a class j.f icat ion aII by j.Eself .
Erhart: I go back to rrhat I originally said, tre shtone of accessory structure shal] not exceed 1,000
accessory structures shall
came up wi th stor:ge
i
ould change the rrho l eSquare feel.
Dacy: But Ehe term accessory structure inc1udL.s docks, pools, g3ra9es,storage buildjngs, tennis courts.
EIlson: Didn't we talk abouE tttis befcre? t,rebefore.
BatzIi3 I djdnrE I j.ke storage then and I stjll don't 1i <e it.
Pl ann i ng Commission MeetingMay 18, I9B8 - paqe 25
Planning Commission
May 18, 1988 - page
Meeting
Ernart.: Let,s just take the storage out and let,s say just bujldings.Accessory buildjngs.
Emmings: There you go.
Dacy: I think we need to be consistent thoughordj.nance and as long as we're listing storageaccessory uses, we should try to keep that.
Erhart: It,s clear to you that a horse barn?
Dacy: That could be number g.
with other terms i.n thebuildings as 1i sted
Erhart: Why donrt you just state detached garages...
Dacy: Because a private stable i.s a conditionar use in the single famiJ.yand itrs a permitted -use in the A-2 and RR. That's an issue. Do you wantto review the size of the buildingi through the conditionii-u"" perinitprocess for private stable depending on the number of horses and theacreage or did you want to set a maiimum acreage for carri.nq iE. anaccessory structure? As a conditionar. use it 6an be the princip:.e use ofthe land.
Erhart: How big was t.hat sEab1e?
Dacy: I think that iras over )_,A00. I think it was L,3U0 or I,400.
Batzlj: I would recox&end .cersonaJ-Iy, tnat rve come up w j.thfor our definjtjon sectjon :or " =toi"g" building. lVhat jsbuitding and thtrt vroul.d solve our probien. Then we can uselike using the t3rm but I don,t fjie really creating termswhat.werre talking about right now but is ionrebody lries t.oand itts not defined anywheie.
a defini tion
a sEorage
it. Than I
Lha t \re know
come i n later
Emmings: You
Batzli: Itrs
structure .
E:mmings:
Batzli:
Emmings:
incLude iE in the
to be a buildj ng
definition means we
th3Ers not connected to the main
might
going
do not. . .
Not used
Not used
prirnarily
pr j.mar j.1y
for...
for wha tever.
Whether it, s cars,
Batzli: You have to definerather be. . . because then youpole barns and whatever eIse.
or anythj ng.
rather than what ii
the Sears barns and
stables
r'rha t it
Eake i.n
i.sn't
both
Dacy: Okay, we can do that. Jo AnnLs an accessory use so j.f we|ve gotdistrict, then as wrjtten they wiukJ
t n!'v .Jou-Idn I t.
just poi.nted out that private stablesI00 acre parcel out jn the A-2
need a cond j tional use perr:lj t . No,
{.
is - I wou ld
the bigger
Planning Commj ssj.on
May 19, 1988 - page
Yeeting
27
\
Wildermuth: If itrs under 1,000 sqoate feet it doesn'8...
Batzli: proceeding onto numberand storage buildings and starEyou di fferentiating between thebuilding?
Emmings: That,s the term youin (c). You used accessory
didn't want to
bui }d ings.
4...but then $re leave our detachedtalkj.ng about accessory bujldings.accessory build j.ng and the storage
use but you also used it down
to be eliminated, Ifbuildings, then Iet's
you allow on 5 acres or more?
to 9o through the conditional
garages
Are
Erhart: Goingwe're going tojust make it a
BatzIi.: That
back to that one, that sentence oughthave a rule aga j.nsL L,OgA square footru1e.
begs the question on $rhat do
not imposing restrittions.
Ieave Ehat in there you have
Erhart: lge I re
Batzli: If weuse Process.
Dacy: I think
$re had i. n tended
that 3nds up the way it's being wr j.ttenit was for 5 acres or less.but I think the rday
Batzli: I don'E reaC i! that way.
Dacy: ?hen that should be clar j.f ied.
irhart: What are we trying io clarify?
Dacy: Our inEent was that if it was an ag lot, not part of thesubdivision as you hao described, that thiy nay need a building more thanL,ggg sq',Jare fe=t and rather than having them come in for a variance which -means a hardship has to be demonstraEed whereas a cond i ti on.l -;;;-';;r;;;""
is a little more flexible.
Erhart: My concern is that r,re permj.t everything.
Batzli: Over 5 acres.
Erhart: It doesnrt say over 5 acres. If you're going Eo changethat if you had more tnan 5.acres anci you r,ranted to Uu;Id I,00gfeet and come in for a conditional use permit, I,m aII tor lnat.
it !o
squ3 re
say
Dacy: That.ts an option. you could bepermits for accessory bu j.J.din9s anrJ/or,restrictions on accessory bui Idings jn
be in the front and side yard and so on
gett j.n9 a lot of conditional useas wr j.Eten, there is noEhe A-2. I shouLd say, they can.tbut that ' s about it-(
Erhart: you're sayj ng wjth the proposedcurrent ord i nance reads?
ordinance change or es the
PI ann j. ng Commission
May 18, 1988 - page
Meet i n9
)a
Erhart: - tet me try to clarify this. Letrs say we have jn sentence oneparagraph 4. we aqree-that. the wordi.ng, detaclred garages and storagebuildings with youi definition Bri;;;-'i: perhaps acceprable. Then thequest!.on becomes, as I read it, we .dd anoth"r- paragriph that aLlowssomeone to come in for a conditi.onal use permit-. t6 ml that,s thequestion on this. Am I right or ,.ongi-
Einmings: yourd rather have them come in for a variance?
Dacy:
and you
Dacy: How about i f r.re doacres or less and add somefamily purposes.
Erhart: Farms on 5 acres or less.that conditional use sentence or do
The current ordinance reads the same way.canrt have it in the front and siae yaid.
You can have I00 acres
rnrrite it, why would wereason. If we bel i eve
on lots 5single
1n
Erhart: Yes, because I think if we,re going to''rrite a rule... The rule is written foi a gooathat it's a good reason.
th j.s? Shall exceed L,qqS square feetlanguage for lots used primarily for
IS
you
everybody with j ust
e/ant it to stay in?
el iminating
Erhart: f rm assir
put up anythi nE ,
Erhart: No, I rrn all in
My concern is that whenabout it.
millg ishat it says i.s if you've got more E.nan 5 acr_-s, you
favor of that...horse barns. I alree witn that.this comes in we won't really sjt do,rn and thjnk
Emmings: I don'E know. 1,000 square feetcase somebody vJants it. A machjne shop or
bu j.1d cabinets or sometshi.ng tike that.-
Erhart: ...I,d even go to Lr5O6 squarewhole th ing. Instead of 5 make it 3. Ianybody selling jn the ruraL more than 5split lg acres into 5, Ehan I don,t carei.n.
]S
if not a lot for 5 acres
somebocly wants to use
l.n
i t to
f:et on 5 acres. Just cut the
don ' t th j. nk rve' re go i n9 to seeacrc 1ots. If some guy rrants
whaE kjnd of bujldings he puts
tsatzIi : I th j.nk 3 acres j.s probably a r3r:oc.l number to go wi th Enen.
to
.- Batzlir i'd be happy to eliminate that sentence but r stirl tirink thisi- section night rai.se the issue of what happens when you,ve got *.i. in"i sacres.
Batzli: I'm assumi.ng that as well.
Emmings: I don't know if I want to throw out the sentence. The onlything, if somebody irad a good reason to put up over 1,000 square feet on a5 acle pi.ece.. rf you rook at our standaias for issuing a co'nci rionar usepermit where it can't depreciate surrounding property iarue and it has Lobe aestheticarly compatible. rf we courd control it to that extent.
Planning Co:n-tni ssionMay 18, 1988 - page
Meetj n9
29
Emmings: Okay, so j.f you put 3 acres in the first sentencethe second sentence and have it say that over 3 acres thererestrictions on properties greater than 5?
Wildermuth: As long as the setbacks are satisfied.
.and
are
eL im i. na te
no
Batzli: That'sthe RSF and.. .
my next quest ion. lihy do we have setback requirenents for
Dacy: werre just establishing different setbacks for RsF and R-4.
Erhart: I think the confusion that Brian and r have is when you use theword residentiar district and rr:n not sure in our minls, because the A-2says AEricurturar. Estates, $re'!re not sure that your tanguale covers that.
Dacy: i{e are specifying the distr-ict though.
Erhart: You're saying that no detached garages or storageany residential district shaLl. be located in the reouj raj
Dacy: In number
Batzli: RSF and
Dacy: You lrou Id qo
be in the fronr .lnd
3 wer re speci fying. . .
R-4. So if you lived in
Dy tne or ig i na1 ones
buildings infront and si de.
A-2, you could put. . .
i.n the A-2 di stri.ct. The.r woul-d
Batzli:
RSF anC
rri,at you'redi.stricts?So
R-.1
doi ng 1S you're actually lessening the standard in
Erunings : Resid3nrial distriL-tsR-8, and R-12.?j.m, in the ordjnance ar3 RR, RSF, R_4,
Dacy: Now !.re're increas j nq theback to 5 feet withi.n che iearif itfs 2Og ot less you can putIf you're over, yourre up to 15
setback because right now they canyard. Now in the RSF district we'reit 5 feet on the raar and lg on the
have it
saying
si.de.
Batzli: What htould the norma.l. rear yard setback be?
Dacy: Eor an accessory buitding iE's 5 feet.
BatzIi: so ifA-2 is i ncl udedlimited by the
it's over 200 square feet...but accordinq to the orCjnan-orn a residentjal district. So if you h;d A_2, ,." yol'r"--'-seEback jn some oth*-r section werre not tooking Jt? '
Erhart: The
agr j cul tural
same goes for paragraph 5.distri.cts.You need to say residentiaL and
I
Enm j.ngs: So you vranE to add aIl residential and the A-2.
and we add ;'\-2 -Erhart: ...iiem I and i tem 5
Planni ng Comm j.ssion
May 14, 1988 - page
Meetj ng
3g
Batzli: I wanE to retract everything I saidparagraph 4. I'lI let them worry about that
Dacy: So the second sentence of 4 is dropped
Enmings: You should have the first sentence
about that second sentence inrrhen th-- t ime coines . . .
and that's i t?
in 4 changed to say...
Erhart: And
abouc, is it
consistent?
I Injust
Wha t
all resi.dential districtsdetached garages that haveabout storage buildings?
the A-2 district.be archi tectur3l ly
and
to What-
orson: we talked about that and storage buildings they didn't have to bedesigned to make those.
Sears
over
BatzIi.: Can we differentiate thesquare feet doesn't have to be and
barns by sayi ng
2Ag does? Jus c
that under 260a quest j.on.
You can
to oaint
get those thi ngsit your color and
big and aLready prefab and thenroof tile same, thac's asking a
mighty
have a
Batzli: I thought I would just ask though.
Dacy: There is also the
detached garage is out 3tthe structure.
deed rescricti.ons. . . fo be
Least there j t's somethj ng
nonest I think a
Eh3 E j.s dependent on
Erhart: I'ln talki.ng of t.haE s.nali lot subcii.;i.sion frcrn :urti.ng metalsheds in. ifhac happens in 217'2 acre mininum anc you've gcE a consi.stentneighborhood and tile remptltion...an<i :i-re nexr dooi neighior cantt dothat- Yourre tryi.ng to prot.ect the value of one neiEhbor against whatsome other guy wili do. That's r,.Iha t i ,in trying to do.
EIIson: You buy E.hose things already made and then to go cack and makethem architecturarry sound or then you've got to go back to your stuccohouse or whatever.
Hnmings: Barb, rve have unanimously...to A-2. you've got Lc chaoge whereyou put alr the argicullural distri.cts. you canrt put .{-r up there. youcanrE enforce this. It strould be i.n A-2 and alr residenEial districts-So 5.should be changed Eo just say A-2 and aI1 residentjal distr j.cts.
Erhart: The last question remains I guess is do we wanE tc take loEsL/2 acre subdiv j s j.on and allow these metal storage sheds. Thet's thequestion and I'm proposing that we add sEorage s6eds to 5 to prL.vent
of 2
Batzl i: I thinkshed and you, re
Lester. I donrt
we could.
Emm ings: I
resiCenci3l
donrt think we'll have a oroblem...
Li j s cr j crs Jnd you t re us i ni .rccessory
that.
Do we mean now lusEbuildjng and do we want
by Iinitjng size you,re gojng to allot, the Sears storage9orn9 t.o elimjnate a guy coming in with a 45 x 17'x 30ithink r.'re can regulate the sheds. I'd sure l j ke to Eh j nk
\
El1 son :
to ask
1ot.
PI ann j ng Commission
May 18, 1988 - page
Meeting
3I
them included i.n A-2 here or not?
used for agricultural purposes, that can be
srhole thing applyj ng to rural areas isIf itrs 1g acles.
Dacy: This could pertaj.n
garages buiIt.to RSF or multiple family. t{e just don,E want
Emming: Okay, so $re say in any residential district or lessA-2 lots than 3 acres. Then it says no accessory bui.lding.
Dacy: Change it to storage.
than 3 acres.
Erhart: I agree. A1I Irm saying is if agreement...in any residential
9i:!:i.a and on any 1ot less itran 3 acres in the a_2 areal no ....==orybuilding or structure shart be buirt and so on. r think whaE you don'te',ant. to do is get the 2g acre parcer out there and prevent iome guy fromputting a storage shed up. thit happens frequently.
Dacy: If the structure isinterpretted as the pr i.mary
Erhart: I thi.nk the basisthat in the 3 acre or less
use.
of thi s
lots.
Emmings: Storage buiiding and that's aII?
Dacy: Yes.
BatzIi: ;{hac's the
shed?
difference betl.reen an accessory buj Iriing or a sEorage
!
Dacy: LeErs just say no stcrage bujlding, detached ga!age cr accessorybui Id ings shall be erected.
Erhart: The best tern you,ve found is accessory buildjng. Itaccomplishes what we,re trying to acconplish.
Batzli: I would agr..:. I would say tl.Iere, accessory use. you,re lookingfor accessory everythj. ng.
Dacy: Again, anytime you say no accessory use that means docks.
Ellson: you canrt have a porch.
Dacy: That covers it all.
EllInings: Let I s try that and see holi it works.
Erhart: Is th j.s comj.ng back to us?
Dacy: Yes, Jo Ann and. I ',.rere just talk j n9 thaE j. E I s been so Iong weshould real1y readverEj se for I public heari.ng rdith the changes.
Pl ann i ng
June 15,
Commission Mee t. i ng
198 8 - Page 2g
Wi ldermuth :think they' recenter.
the Planning Comnission
Request *88-10 to amend
I OP, Industrial off i ce
a "a ornaa n'u
Secti on
Park
Emmings: I have no comments. I agree with Annette.
EIIson moved, Wildermuth seconded thatapproval of Zoning Ordinance Amendment20-8I3, Permitted Accessory Uses of theDistrict as fol I ows :
(4t State
voted
Licensed
Al l in favor
ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-964 AND SECTION 2A-615(68) ,ACCESSORY STRUCTURES TO PROVIDE SETBACKS AND MAXIMUM SIZE OE ACCESSORYSTRUCTURES, STORAGE BUILDINGS AND DETACHED BUILDINGS.
Day Care Center.
and the motion carried.
Olsen : We I re asking you
want to Publ j-sh the whol,e
it. right now until vre can republish. wegeople can see it.
to Eabl, e
thing so(
Emmings: At thj.s point you just want to know that $re...
OI sen :
easier
That thj.s j.s okay. The
to see what the changes
new stuff i.s
irere .
in bold hopefully to make it
Enmings: werre goj.ng to table this I guess.
Conrad: So werre not going to irave a public hearing.
Eomings: So we're not going to have a public hearing and I thinktheyrre asking for is our comments as to the content of this whencome back on the public hearing so they rrant to be sure that we,reagreement with $rhat this says at this point in time. ,If anybody,sreservations, just go ahead and speak them ouE.
It could be
everybody
!r ied to do
wha tit does
ingot any
4.
fee I
so
conrad: The onry thing that r find inEeresting is the city counciJ., whowas very concerned about Ir000.square foot accessory building and werationalized L,,Ag as a good sized three car garage and a shop. That'show we came to that 11000 feet. That makes sense to me. r hive no othercomments but that's a number we courd certainly move around. whether itrsl,qag or whatever. r think city councir wilL move it to where they vrantto move it anyway so I don't really care.
Emmings: The 3 acres is the sameIt could be 5 or 9 but I think i. E.that thj.s basically says, that it
many times be fore.
thing. It could bes reasonable. Then
br ing s together what
3.
does
we
C
Excellent idea. 'I think Instant Webb is to be commended. Iprobably the first company in Chanhassen to have a daycire-
(_
Planning
June 15,
Corn-rnission MeetingI988 - Page 21
C
Batzl
tha n
tha n
The
acres.
acres ?
i:
3
3
one comment I hadAre there manyAre you talking
eras for agricultural distrjct with lessagricultural districts in the City with less_about lots in agricultural districts?
Emmings: Agricultural district lot.
Batzli:. something like that. your re not talking about the district.Yourre talking about lots within the di;trict.
Emmings: or parcels maybe because they probabry arenrt divided into rots.
Batzli: That's just kind of a cla-rif ication.
9+sen: Just add parcers to residential district parcers and agricurturaldistrict parcel s .
Olsen: Yes.
Batzli:
lots.
Batzli:
Ol sen :district
Batzli 3district
correct?
weIl, itrs
on lots ofI guess I I
I think Ird just clarify that or something. We,re talking abott
Does the 3 acres appry to the residential district as $re11?
No. I'* jyit saying, if yourre confused with agriculturalmaybe residential district is confusing too.
in any residential district or inless than 3 acres is wha! yourred just clarify that a Iittle bit.
Enmings: Okay, then is there a motj.on to tablecan be gj.ven for a pubtic hearing?
(
an agricul!uraI
trying to say,
this until proger notice
BatzIi moved, Wildermuth seconded to tableto amend Section 2A-994 and Section 2O_6L5given. All voted in favor and the motion
the Zon i ng
( 6b) untilcarried.
Ordinance Amendmentproper notice can be
Wilder!fluth: I have no questions onto expand the fire department..this issue. I think itrs a fine idea
it as
power
sor t
weLl.
lines I have a couple
now run along theease,Tent. Is -
Batzli: I think it's a fine idea to expandquest j.ons.. Ehough. I was curious ,t erel'-itenorth side of the property. Apparently somethat where the property }ine iil of uti 1i ty
srrE PLAN APPR0VAL FoR ExpANsroN oF THE FIRE srATroN, 26rg LAREDO DRrvE.
Jo Ann Olsen presented the staff report.
Planning Commission Meet i ngAugust 3, 1988 - page 56
Headla moved, Emmings seconded to table#88-f0 and Site PIan Review #98-lA. Altcarried.
the Conditional Use permit Requestvoted in favor and the motion
EIIson: Areindefini tety
Emmings: Hours Ehe trucks come
merchandise for sale.
tabling it
to de1 iver and outsjde display of
lrre
or
say r ng
hav ing
until we know about TH 7 or are wea reason to come back?
WiLdermuth: Do you want to put some conditions on the tabling?
conrad: r think we can give staff direction in terms of what vre'd rike tosee them brinq back. r think the iterns deserves attention and hopefurlycan be back here in tvro weeks so we don't destroy a time iuur.. r,d surelike_to see the neighborhood back here again but- r thi;k ii-we can givestaff some direction-after this so maybe we can make the motion and thentell them what vre'd like to see. r think basicarry, tratiic to theoveralr site is a major dear. I think the porluti6n contror or thedisaster issue for *6 is..on"".o tnat-r'd rike you to work withsuperAmerica on so we know how it wourd be handrei anii we wourd know ifit's going to get into the Minne$rashta system or not. Hours of operationis probably a concern that we al1 have .-rrd ,h"th". or not that,s somethingthat could be worked in the staff report. steve, you,re concerned $riththe...
conrad: And possibility maybe working with the superAmerica forks toresorve any of the conditions. rf they have to stiy out there, that,sfine. r donrt think you need to do exara work to tiy and bundle them inand make them do that additional work but if they can incorporate them intheir plans and the documents they've given us, it wourd be good to havethat so when it goes to city council, councir can see everything in anice, neat package. Anything else?
wildermuth: Also no diesel fuel.
PUBLIC HEARING 3
ZONING ORDINANCE AMENDMENT TO AMEND
5(B), ACCESSORY STRUCTURES, CITY OE
SECTION 2g-904 AND
CHANHASSEN.
Conrad: I donrtpublic hear i ng .
SECTION 2S-6L5
believe that staff has to give a report on that. It is a
wildermuth moved, Emmings seconded to close the public hearing. ALr votedin favor and the motion carried. The public heaiing was closed.
Erhart: page 3, item 5, the way i read this now, it says detachedin alI agricultural and residentiaL districts. -larify- for me, aredifferentiating between detached garages and storage ui:itaingsz
Dacy: lge wanted to make sure that a detached garage was.,.
9arages
rre
(
(
(
Planning Commission MeetingAugust 3, 1988 - page 57
E1lson: The li ttle SeaEs storage building, you could put in those.
Erhart:. On lots of 5 acres or less.
wildermuth: I don,t think you caD do that
Dacy: This is one that we discussed aroundproposed it as this way.
Emmings: But the storage building might be one of those purchased ones.
Erhart: I guess what-I $ras trying to get to and Dave and r agreed on thi-one is that on lots of ,.I guesl wE setlteA on 5 but .nytning of lots lessthan 5, no one could build-a building over 1, aa| squaxe feet and it had tobe architecturarry consistent with tie house. somehow that,s not the rrarthat reads to me. To change it to read that would be, say detachedbuildings and storage bui16in9s "n rot-sires of 5 acres or ress inagriculturar and residentiar aistricts must be architecturalry. The 5acres is gone completely.
can you? Do we
and around and
want to do it?-
basically you
r Headla: r'm not sure when this r.ra s here what r understood which one.
Erhart: Vte1l, ifunderstood Dave?
Erhart:
they canthat lot
Head1a: On 5 acres o! less? you can put up a
Erhart: yes. Really anything.
Headla: Those little Sears buildings, thele,s
Erhart: No, but I'm talking about it could bebarn and they cou1d... It says can not exceedRSF and R-4 districts.
thatrs rrhat we agreed, that's fine. Is that what you
The. way it,s going here now is that on lots of 5 acles orgo buy a Sears or a l,lennards building of any size anO pui
Wildermuth: I donttconsistent, lrha a does
see how you canthat mean?
pole barn?
nothing -vurong with them.
a L0,009 square foot poleIr000 square feet in the
enforce numDer 5. Archi tecturally
less,
it on
f there would beto put up a
t.ha t and sa id ,
Dacy: 9le discussed that issue.also. We had thean ag parcel and so on, that there were a numberwant to have the hobby farms and so on Ehat would
concern that the size ofof folks out there thatwant a larger si zed. . .
Erhart:- I agree. I thought anything oier 5 acres I thought is what r.rewere tal king about.
Dacy: But r,,/e were saying for Iots less than 5 acres or ioccurrences of that in the ag area Ehat somebody may wantI,500 square foot buildi.ng. The Commi.ssr.on taLked about
(
(
Planning Commission Meeting
August 3, 1988 - page 58
let's not restrict the ag areas.
Olsen: A lot of those subdivisions, like Lake Riley Woods, theacreage that yourre talking about, have covenants that restrictbuildings like that. I know that,s out of our control.
Erhart: Is that what we agreed? Is that what you guys want? That'sfine. r thought Dave and r made a good argumenl that on these lot sizesox 2 L/2 and 5 acres that tend to be clustered and they tend to beneighborhoods and peopre put real nice homes on it and consistentarchitecture. I thought we successfully argued that in thosecircumstances, that they should not be irrowea to put these Mennardrs -buirdings on there. 2,uaa ox s,gag square foot una ir they rearry wantedto do that, they had to buy bigger than 5 acres.
s].ze
storage
Dacy: Tim, are you proposing
underneath 5 acres in the A-2square feet ?
that that would be sti1l,
zone.s would also have the
that the
max imum
pa rce 1s
of l, qlg
Erhart:.. I thought thatrs what we agreed but it,s been so 1ong. Moreconcerning than the way it's written right now is that you say detachedgarages for aLr agricurturar. That means you could have r00 acres andrrould have to have your garage architecturally, unless yourredifferentiating between a detached garage and a storage building.
you
I Dacy: Yes, $re are. Thatrs why we made that clarification.
Erhart: I
anymore.
think yourre probably right. Itts not i\,orth battling over
Dacy: If you I re amend it, number 3 would be where you
sorry. Irm sort of
would.
burned outConrad: Tim, you
and I can't help
Dacy: We've got
to table it. . .
gorng to
Iead us
you much.
a stacked
on this one. Irm
agenda in two weeks on the l7th. If you want
Conrad: No, I don't want to table it..
Erhart: Itrs not that imPorEant.
Conrad: Are you comfortable with the way this js?
Wildermuth: Yes, as long as you donrt get into storage buildings. On my4 acre }ot r want to be able to put up a bui lding to store antique cars.Yourre goj.ng to tell me that it has to be architecturalry consistent withmy house, I,m going ro tell you hey, take a nike. But, I think your pointis that you're talking about garages here r j.ght? Detached garages.
Erhart: Maybe Barb,s right. Maybe the besE $ray Eo handle that problemto have restrictive covenants in the deveLopment. rf the deverogers sayt.hese are going t.o be architecturally consi.stent, maybe that,s the best
Planning
August 3
Commj.ssion Meeting
1988 - Page 59
{way itrs handled. Ir
I{iLdermuth: I think
Conrad: Tim, do you
Erhart: No, I thinkthat 3 acres. you I rehad anything 9 rea terall understand tha t?
m wiIl j.ng to believe...
itrs going to be tough to enforce.
want to change some words here?
it's fine. I think itts fine other than item (c),satisfied Barb, thatrs what rre understood? If Vouthan 3 acres you can build a shed on it first. -Oo
hre
,
Dacy: No.
Erhart: Isnrt that what it says?
Dacy: rn any residentiar district or agricurturar district, parcers withless than 3 acres. In the ag district.
Erhart: That neans to-me that anything more than 3 acles you can build ashed on before you build a house.
Dacy: If the shed or building is storing agricultural equipment oranything that courd be directly rer.ated io lne principre usl of theproperty as ag, than it h,ould be permitted as a perniited use.
Ernart: . Then the question is, is it 3 acres or should you removeresidential district?
Dacy: we wanl to keep it the residential district part in there becauseyou donrt want somebody building accessory building and somebody mighthave a lot plior to the...
Enmings: rf you take out the clause that says, or agricurtural districtparcels with less than 3 acres and just read around ihat clause it makesPerfectly good sense from that.
Erhart: Yes, just take out the phrase, or agricurturar district.
Enmings: No, rrm not saying that. I say leave residentiar district inbecause it makes sense for residential. I don't understand theagricultural with less than 3 acres.
Wildermuth: Wby erould you say 3 rather than 5?
Dacy: It was reduced to 3 because there may be parcels that are 5 acresor 4 acres that are in ag.
Erhart: It's f i.ne.
Erhart moved, Headla seconded that the planning commission recommendapproval of the forlowing amendments to sectio;s 2s_gg4 .na-zs_srs (gu)and an addirion to the definition of the city code "=-l."r"nt"d by staff.AlL voted in favor and the motion carried.
CITY OF CIIANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2O OF THE CITANHASSEN CITY CODE
'Ihe Ci+-y Council of Chanhassen ordains:
Section 1.The City Code is hereby amended as follows:
Section 2O-9C4.Accessory StrucLures.
(a)A detached accessory structure, except a dock,located in the buildable 1ot area or requiredaccessory use or structure in any residentialbe located in any required front, side or rearEhe following exceotions 3
shall berear yard. Nodistrict shal1
setback wi th
l. In the RSF and R-4 Districts detached garages andbuildings shall not exceed the sguare iootige of tprincipal strucEure. These structures may encroacthe rear seLback as foltows:
s torag e
heh into
a If 140 square
( five feet) .
feet or less, minimuin rear setback is 5'
2 On riparian Iots,
rnay be locaLecl in
\,ri th f ront, side
setbacks.
Tennis courts and swimmi ngyards with a mininum side
( Een f eet ) , hov,rever, rnust
hiEh water mark setbacks.
det.ached garages and storage buildingsthe f ront- or rear yard out must compl-:rand applicable ordinary high water mark
3 pools may be located in rear
and rear yard setback of 10'
comply with apolicable ordinary
(b) A deE.ached accessory struct.ure may cccupy(30) percent of the area of any rear yard.
not more t.han thirry
( c)In any residential district. or agricult.ural district, oarcelswith less than 3 acres, oo accessory structure or use !hal1be erecteC or constructed prior to t.he erection or construc-tion of the principal cr main building but may be erectedsimulLaneously.
Secticn 20-615. Lot Reqllirements and Setbacks (RSF District ) .
6b Accessory structurgs, terenty (20) feet.
2O-1. Def in i E ions .Section
high
riparian rneans any lot {rithin
water rnark of a lake, pond or
Storage builtling means a structureinaterials and accessories used and
Ehe princioal use of the property.
75 feet of
wetland.
t.he ord i narl,
,:sed f o r
normal ly Lhe storage of
associated iri th
b7',N1a1n* 9O
Sect ion 2.
from and after
Passed and
This ordinance
its publicaLion
adoptetl by the
1989.
sha1I be in fu1I force and effect
according to law.
City Council this _ day cf
ATTEST:
Don Ashworth, C ty Manager Donald J. Chmiel, !,layor1
(Publish in the Chanhassen Villager on ).
CITY OF
EH[NIIIESEN
690 COULTER DRIVE . PO. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-s739
Planning Comnission
Paul Krauss, Planning Oirector dL
February 26, L99l
Issue Paper/Landscaping Ordinance
MEMORANDI]M
TO:
FROIiI:
DATE:
SUBJ:
BACKGROUND
Recently there has been considerable discussion concerning theCity's Landscaping Ordinance and i.rnprovenents that rnay be made toit. Inprovenents that would result in a higher standard of
development in the City have been established as a goal by thePlanning Cornmission and similar sentiment has been echoed by atleast several nembers of the City Council . This report is intendedto give an overview of the purpose behind landscaping standards aswell as current ordinances, reviewing their positive aspects andshortcomings. Your response to this infornation hrj,I1 be given forconsideration for inclusion in any new ordinances that would be
developed.
GOALS
A discussion of the landscaping standards shoul.d begin with
agreenent on goaLs as to what is to be achieved by the ordinance.
The fol-lowing goals are presented for discussion purposes. The
Planning Commission is encouraged to redefine, add or subtract fronthis list as appropriate.
The ),andscaping standards should provide for aestheticplanting of sites and buildings. These plantings should bedesigned to add color, natural grot th, as welI as anintroduction of the natural environment into sites.
Landscaping standards should provide for screeningr for visualinpacts associated with a given use, includingr:
o truck loading areas,o trash storage,o parking lots, interior 1ot areas and perimeters,
1
2
Landscaping ordinance
February 26, 1991
Page 2
large unadorned building nassing (reference the recentsite plan approvaL for llcclynnrs that used landscaping to
roinimize the visual ilrpact of high, bJ.ank waI1s,
garage doors associated with auto oriented uses, andvehicular stacking areas for drive throuqh uses
Buffering between high intensity and low intensity uses should
be outlined as to where this is required and what constitutesa suitable buffer,
Buffering of a site for urajor streets and highways relative tonoise and visual inpacts.
Boulevard or streetscape planting should be investigated.
Boulevard and streetscape planting typicaLly takes place offsite and is often not the direct responsibility of adeveloper. At the present time, the City is working with
I'InDOT on a Highway Beautification Prograrn for the new sectionof Highway 5 through dohrntosrn Chanhassen.
I"lature stands of trees and natural areas such as wetlandsshould be protected. Protection of existing features andtheir enhancement where possible should be the primary focuswith replacement being considered only after alternatives arereviewed and dismissed.
7 Reforestation should be considered lrhere appropriate.
ORDTNANCE FORMAT
o
3
4
The following constitutes our understanding of what needs to beincorporated into an effective Iandscaping ordinance. Theseguidelines, plus any others proposed by the planning Cornrnission,should be used to critically review any ordinance anend.rnents thatwe wish to consider.
The ordinance should be cornprehensive covering all sorts ofdevel-opnents. At the present tine, the ordinance is effectiveonly. under site pl.an reviews. Regulations affectingsubdivisions are handled elsewhere in the ordinance and ar5fess effective. P.U.D. rs do not have any specificrequirements .
The ordinance should provide anple guidance as to what theg]ty:..{gsign expectations are without unduly lirniting designflexibility. In our opinion, there are a number oflandscaping ordinances that becone so reginented in theirapproach to defining landscaping standardJ that you wind upwith a cookie cutter approach to landscaping aesigri. Ideatly^,
1
2
5.
6.
3
4
Landscaping Ordinance
February 26, L99]-
Page 3
the ordinance rrrould al1ow a good designer to reflect the
demands of the site and the setting it is placed in.
Minirnun standards should be provided to ensure that a baselineleve1 of quality is achieved.
The ordinance should be relatively easy to interpret andenforce. There are a number of ordinances that have beendrafted that pronote high quality design but are so cornplexthat only a landscape architect can reliably interpret then.
We should strive to have an ordinance that is understandableby 1ay people as well as professionals. Enforcenent should
al-so be taken into account. For exanple, an ordinance mayrequire '1802 opacitytr in a landscape screen between a parking
l-ot and a residential site. In ny opinion, this is almost
impossible to enforce since it is difficult to define what 802
opacity actually means and then get a reliable interpretationof this out in the field.
CURRENT I,ANDSCAPING REOUIREMENTS
The following is a review of the various landscaping requirenents
contained in our current ordinances. Landscaping standards are
found in several different portions of the ordinance.
article XXV, Lanalscaping anrl Tree Removal.
DIVISION 1. GENERALLY
Section 20-1175. Intent, scope and conpliance.
(a) The intent of this article is to inprove the appearance
of vehicular use areas and property abutting public rights-of-way;
to require buffering between noncompatible land usesi and toprotect, preserve and promote the aesthetic appeal, character and
value of the surrounding neighborhoods i to promote public health
and safety through the reduction of noise pollution, air pollution,
visual pollution and q1are.
(b) This article does not apply to single fanily detached
res idences .
(c) No new site developnent, building, structure or vehicular
use area is allowed, unless landscaping is provided as reguired inthis article.
(d) No property lines sha1l be altered no shall any bui1ding,structure or vehicular use area be expanded, unless the rninimum
landscaping required by the provisions of this article is providedfor the entire property.
Landscaping Ordinance
February 26, L99l
Page 4
col,l}{ENT: The intent section is good to have although quitepossibly we hrould consider expansions to better define thecity's purpose in landscaping. The exclusion of single farnilydevelopment is noteworthy. Single farnily developnent does notundergo site plan review, therefore, the only effectiveordinance that cornes into play is the Subdivision Ordinance,No. L8. This will be commented upon 1ater. We al,so note thatdue to the language of the current pUD ordinance, puDrs arealso exempt from provisions of the Landscaping Code.
.(2) . Where land.scaping is required, no building permit shalIbe issued until the reguiied landscaping p1; has il;;subnitted and.approved, and no certifica€e ot 6ccupancy sha1lbe issued until the landscaping is cornpletea as ciriiii;a-;tan on-site inspection by the -buildin!, inspector, untess I
Section 20-1177. PIan Subnission and approval .
The. property owner or developer sha1l prepare a landscape planfor review by the city. The city shaIl lpply the fo1Io;ingconditions in approval or disapproving the pfan: -
(1) The contents of the plan shal1 incl,ude the following:
a. Plot plan, drawn to an easily readable scale,showing and labeLling by name and dimensions, aliexisting and proposed property lines, easements,buildings, and other structures, vehi.cular useareas (incLuding parking staIls, driveways, serviceareas, !{u?re footage), rrater outlets and landscapematerial. (including botanical nane and conmon name,installati,on size, on center planting dimensions$rhere applicable, and guantities for all plantsused).
b. Typical elevations and/or cross sections as may bereguired.
. c. Tit1e bLock rrith the pertinent nanes and addressed(property orrner, person drar,uing plan, and personinstalling 1andscape rnaterial),- stale' date, northarrow (generally orient plan so that north is totop of plan), and zoning district.
d. Existing landscape naterial shall be shown on therequired plan and any material in satisfactorycondi.tion. may be used to satisfy this articte iirlrrhole or in part.
Landscaping Ordinance
February 26, 799L
Page 5
perfornance bond, or irrevocable letter of credit. from abanking institution, has been paid
(3) If necessary, the city nay reguire a letter of credit toinsure proper installation of Landscape roateria). as with
complete cost of all work certified by landscape contractor,with the bond amount to include the actual cost plus ten (10)percent. The bond shal1 be released upon satisfactorycompletion of the work as deternined by the city.
(4) where unusual site conditions exist where strict
enforcement of the provisions of this article would cause ahardship or practical difficulty, the planning cornmission andcity council rnay waive the requirements as part of the siteplan review process.
col'flrlENT: Plan submittal guidelines may need to be fleshed out
somesrhat to give staff and the Planning Comrnission sufficientrnaterial to review. Iten #3 pertaining to a letter of credit
has been superseded by Section 20-119 approved by the P1annj,ng
Commission and City Council last year.
Section 20-L178. Landscaping for service structure.
(a) Any service structure shal1 be screened whenever locatedin any residential , commercial or industrial zone (except RR and
RSF zones). Structures may be grouped together, however, screeningheight requirernents wilI be based upon the tallest of the
structures .
(b) A continuous planting, hedge, fence, wall or earth rnoundsha1l enclose any service structure on all sides unless suchstructure rnust be frequently moved, in which case screening on allbut one (L) side is reguired. The average height of the screeningmaterial shal,I be one (1) foot raore than the height of the enclosedstructure, but shalI not be required to exceed eight (8) feet inheight. Whenever a service structure is located next to a buildingwal1, perirneter landscaping rnaterial, or vehicular use area
landscaping material , such wa11s or screening material nay fulfillthe screening reguirement for that side of the service structure ifthat waI1 or screening naterial is of an average height sufficientto rneet the height requirenent set out in this section. Wheneverservj-ce structures are screened by plant material, such rnaterial
may count towards the fulfillment of rbquired interior or perimeterlandscaping. No interior landscaping sha11 be required within anarea screened for service structures.
Landscaping
February 25,
Page 6
ordinance
19 91
(c) Whenever screening nateriaL is placed around any trashdisposal unit or waste collection unit r.rhich is emptied or removedmechanically on a regularly occurring basis, a curb to contain theplacement of the container sha1l be provided within the screeningmateriaL on those sides where there is such naterial . The curbingshall be a Least one (1) foot from the naterial and sha11 bedesi.gned to prevent possible danage to the screeni,ng when thecontainer is emptied.
COIiIUENT: This section is a good example of a highly detailedstandard that is specifically designed to deal with one issue,in this case, service structures. This type of standardshould also be developed for each of the goal statementsidentified in the beginning of this report. Itowever, I notethat fron a design standpoint, there does not appear to bemuch flexibility in terms of design creativity in thissection.
Section 2O-1f79. Tree removal regulations.
(a) It is the policy of the city to preserve natural woodlandareas throughout the city and with respect to specific si.tedevelopnent to retain as far as practical , substantial tree standswhich can be incorporated into the overall landscape pLan.
(b) No clearcutting of woodland areas shaI1 be permittedevcept as approved in a subdivision, planned unit developnent orsite plan application.
(c) The following standards shal,I be used in evaluatingsubdivisions and site plans:
(1) To the.extent practical, site design shall preservesignificant woodland areas.
(2) Shade trees of six (6) inches or more caliper sha11be saved unl,ess it can be demonstrated that thereis no other feasible way to develop the site.
(3) The city may require the replacenent of renovedtrees on a caliper inch per caliper inch basis. Atnininun, holrever, replacenent trees shall conformto the planting requirenent identified in division4 of this article.
(4) During the tree removal process, trees shall beremoved so as to prevent blocking of public rights_
Landscap ing
February 26,
Page 7
Ord inance
1991
of-way or i.nterfering with overhead utility l-ines.
(5) The renoval of diseased and danaged trees ispernissible.
(d) Tree removal not perrnitted under subdivision, plannedunit developnent or site plan review shal1 not be allo$red withoutthe approval of a tree removal plan by the city council . Tree
removal plans sha11 include the content requirements as dictated inSection 2O-1,L77 and identify reasons for tree renovatr The planshall be subrnitted three (3) weeks in advance of the city councilat whLch it is to be considered.
COI,iMENT: This section is ve ry good from an intent standpoint
although it needs to be significantly irnproved and revamped to
become truly effective. AIso note the exclusion granted tosingle and two fanily lots of record. As the Planning
Commission is aware, staff is working with the DNR on an
experimental progran relative to identification of elenents ofthe urban forest warranting protection as vrel1 as areforestation plan. This section should probably be revised
based upon the outcome of this program.
DIVISION 2. PERT}IETER I,ANDSCAPING REQUIREMENTS
Section 29-LL9L. cenerally.
(a) where parking areas are not entirely screened visually by
an intervening building or structure from any abutting right-of-
way, there sha1l be provided landscaping between such area and suchright-of-way as follows:
(1) A strip of land at least ten (L0) feet in depth located
bete/een the abutting right-of-way and the vehicular use
area which sha1l be landscaped to include an average of
one (l-) tree for each forth (40) linear feet or fraction
thereof. Such trees sha1I be located between the
abutting right-of-way and the vehicular use areas.
(2) In addition, a hedge, wa11, berm, or other opaque durable
landscape barrier of at least two (2) feet in height
sha1I be placed along the entire length of the vehicular
use area. If such opaque durable barrier is of nonliving
rnaterial , a shrub or vine sha1l be planted along the
street side of said barrier and be planted in such a
nanner to break up the expanse of the waII. A tr'ro-foot
berrn may be used; however, additional landscaping atleast one (1) foot in height at tine of planting shal1 be
One of the most noteworthy things about this and' relatedsections is that there is a conplete lack of ninimumlandscaping standards for the site itself. In other words,there is no minimurn amount of planting that nust be done on agiven site which leaves staff in a position of using sectionssuch as this to in essence, coerce a legitirnate lindscapingplan out of a developer. Staff can think of several ways toaddress this. one technique that I have used in the paat isto establ-ish a ninirnurn landscaping budget that utilizes aformula of linking project development costs to rninimunlandscaping value. The tabl,e used in the Minnetonka Ordinanceis provided below as an appendix.
PROTECT VALUE
(fncluding building construction,site preparation, and site
inprovements )
Below $1, 000, O0O
$1,0oo,001 - $2, ooo, ooo
xrNMglr
IxALI'E
I,ANDSCAPE
2Z
$20,000 + 18 of
Proj ect Value inexcess of
$1, 000, ooo
$3o,ooo + 0.75Eof Pro j ect
$2,000, 001 $3, ooo, ooo
Landscaping ordinance
February 26, 1997
Page 8
installed. The remainder of the required landscape areasshall be landscaped lrith grass, ground cover, or other
landscape treatment.
(b) rhis division applies to perimeter landscaping.
COI'IUENT: This section deals specifically with landscaping
around the perineter of parking lots and fron an intentstandpoint, this is an acceptable thing to do. Hohrever, thestandard of 1 tree per 40 linear feet is frankly, archaj.c and
does a disservice to the design standards which already existin the city and \rhich are likely to be inproved as a result ofthis analysis. In addition, the standard bern around theparking 1ot does not lend a large arnount of creativity. We donote, however, that this standard has been nodifi.ed somewhatby nelrly adopted regulations using a performance standard toa1low the property owner to achieve reductions in parking Iot
setbacks .
Landscaping Ordinance
February 26, L99l
Page 9
$3,000,001 - $4,000,000
Over $4,000,000
value in excessof $3,000,000
$37,500 + O.25e"of Pro j ect
Value in excessof $3,000,000
18
Section 20-1192, Reguired landscaping adjacent to interior propertylines, Section 20-7793, Combining rrj.th easenents, and Section 20-l-l-94, Existing landscape material.
(a) Where parkin!, areas abut property zoned or, in fact, usedprirnarily for residential or institutional purposes, that portionof such area not entirely screened visually by an located structureor existing conforrning buffer fron an abutting property, thereshall be provided a landscaped buffer which should be rnaintained
and replaced as needed. Such landscaped buffer shall- consist ofplant material , waII or other durable barrier at Least six (6) feetin height measured fron the median elevatj.on of the parking areaclosest to the connon ]ot line, and be located betereen the commonlot line and the off-street parking areas or other vehicular usearea exposed to the abutting property. Fences shal1 be constructed
according to the standards in Section 20-1018.
CO!,ll,iENT: Again, I believe the intent is good but that better
rnj-nimum standards offering design flexibility are r^rarranted.
DIVISION 3. INTERIOR I,ANDSCAPING FOR VEHICUI,AR USE AREAS
Section 2O-L27!. Generally.
(a) Any open vehicular use are (excluding loading, unloading,
and storage areas in IOP and BG Districts) containing nore than sixthousand (6,000) square feet of area, or twenty (2O) or norevehicular parking spaces, shaI1 provide interior landscaping inaccordance with this division in addition to trperimeterrr
landscaping. Interior landscaping nay be peninsular or islandtypes.
(b) This division applies to interior landscaping of such
areas .
Sectioh 2O-L2L2.Landscape area.
Landscap ing
February 26,
Page L0
ordinance
1991
(a) For each one hundred (100) square feet, or fractionthereof, of vehicular use area, five (5) square feet of landscaped
area shal1 be provided.
(b) The nrininum landscape area pernitted shaI1 be sixty-four(64) square feet, with a four foot ninirnum dimension to alL treesfron edge of pavement where vehicles overhang.
(c) fn order to encourage the reguired landscape areas to beproperly dispersed, no reguired landscape area shall be larger thanthree hundred fifty (350) square feet in vehicular use areas underthirty thousand (30,000) square feet. In both cases, the least
dimension of any required area sha11 be four-foot ninimum dimensionto all trees from edge of pavement where vehicles overhang.
Landscape areas larger than above are permitted as long as theadditional areas are in excess of the required minirnurn.
Section 20-1-2L3. Minimurn trees.
A minimum of one (L) tree shatl be reguired for each twohundred fifty (250) square feet or fraction thereof, of requiredlandscape area. Trees shalL have a clear trunk of at 1east five(5) feet above the ground, and the renaining area sha1I belandscaped $rith shrubs, or ground cover, not to exceed two (2) feetin height.
Section 2O-L214. Vehicle overhang.
Parked vehicles nay hang over the interior landscape area no
rnore than two and one-half (21) feet, as long as a concrete curb isprovided to ensure no greater overhang or penetration of thelandscaped area.
cott!,tENT: Insection and de
general , I believe that this is a very goodals with a scenario that nany ordinances €ena tooverlook. Large expanses of btacktop are not only unsightly,they actually change teather conditions in the irnmediatevicinity. In addition, Iarge unbroken expansds of pavenentcreate a nore difficult drainage problen. This secLion notonly establishes the intent but also nininun standards in hrhatare generally effective lrays.
DMSION 4. IANDSCAPING !{ATERIALS, ETC.
Section 2O-L23L, Generally.
(a) The landscaping urateriats shall consist of the folloving:
Landscaping Ordinance
February 26, L99l
Page 11
(1) wa11s and fences. Wa11s sha11 be constructed ofnatural stone, brick or artificial materials.
Fences shall be constructed of tood. Chain linkfencing will be permitted only if covered with voodstrips or plant Baterial .
(2) Earth nounds. Earth mounds shaLl be physical
barri.ers which block or screen the view sinilar toa hedge, fence, or wall. Uounds sha11 beconstructed with proper and adequate plant rnaterialto prevent erosion. A difference in el.evationbetween areas requiring screening does notconstitute an existing earth nound, and shalI notbe considered as fuLfilling any screening
equipment.
(3) Plants. A1I plant naterials shal-I be J.ivingplants, artificial plants are prohibited and shall
meet the following requirements:
(a) Quality. Plant materials used in confornancewith provision of this division shall conformto the standards of the American Associationof Nurserynen and shalI have passed anyinspections required under state reg'ulations.
(b) Deciduous trees. Sha1l be species having anaverage nature cror{n spread of greater thanfifteen (15) feet and having trunk(s) whichcan be naintained with over five (5) feet ofcl.ear rrood in areas which have visibilityrequirements, except at vehicular use areaintersections where an eight (8) foot clear
wood requirement will control . Trees havingan average mature spread of crolrn less thanfifteen (15) feet nay be substituted bygrouping of the same so as to create theequivalent of a fifteen (15) foot crotnspread. A niniroun of ten (10) feet overallheight or minirnun caliper (trunk diameter,
measured six (6) inches above ground for treesup to four (4) inches caliper) of at least twoand one-half (2\) inches immediately afterplanting shall be required. Trees of specieswhose roots are_ knolrn to cause damage topublic roadlrays br other public r{rorks shall,not be placed closer than fifteen (15) to suchpublic works, unless the tree root system isconpletely contained within a barrier forwhich the uinimum interior containing
dinensions sha1l be five (5) feet squarefive (5) feet deep and- for wtrictrconstruction requirenents shall be fourrnches thick, reinforced concrete.
and
the
(4)
(c)
(d)
(e)
(f)
(b) The following trees may be used to meet plantiug requirements
Specific Name
SHADE IREES
Common Name
Evergreen trees. Evergreen trees sha1l be anininun of six (G) teei higtr wiifr-i-iini:nuncaltper of one and one-haLf (11) inches whenplanted.
Shrubs and hedges. Deciduous shrubs shalI beat least two (2) feet in average freitfri wfrenplanted, and shall conforn to tlre "pi6ity ..,aother.requirenents within four (4) vliis afterplanting.- Evergreen shrubs snarj 6e ii reast!!ro (?) feet in average height and two (2)feet in dianeter.
Vines. Vines shall be at least twelve (12)
.i::1.:_ Lyl ... prantins, ,na -i..-g.nirurry
usecl rn conjunction nith wal1s or feices.
crass or ground cover. Grass shall be planted
11."r:-.-i.=- lorma-t-ly- grorrn as pernanent lawns,ano may be sodded, plugged, sprigged, orseeded;
. except in sware j or 6iir,Ji -1..u"
suDlect to erosion, where solid sod, erosionreducrng net, or suitable nulch shall be used,nurse-grass seed shall be sohrn for inrnediateprotection until conplete coverage oit erwiseis achieved. crass sod shall U-e cfea=n anafree of weeds and noxious p"=i. E al=i"""".Ground cover such as organii nateriif-strirf f.planted in such a nanner as to present afinished -appearance and =.r.r,iy_ii1r-.-- 1zs1percent of conplete coverag€ after two (2)conplete .grouing seasons, ,1tr, i- ,arii". ortltteen (15) inches on center. ln certaincases, ground cover al.so nay consist of rocks,pebbles, sand and sinilar &pi""-J rJ'.t-.ii"t=.
Landscaping OrdinanceFebruary 26, L99l
Page 12
Acer platanoi.dcs.,Emerald eueen',
A cer plat onoides..Crimson King,'
A cer platanoi.dc s..Columnar"
A cer platatoidzs.,Jade Glen',
A cer p latanoi.dzs..Royal Red,,
Maple, emerald queen Norwav
Maple, crimson king
Maple, coh"'."n'
Maple, jade green Norway
Maple, royal red Norway'
Landscaping Ordinance
February 26, l99]-
Page 13
A cer pl.atanoide s "Schwedler"
A cer p lttanoide s "Variegatum"
Acer rubrum
Acer rubrum "Rcd Sunset"
Acer saccharum
Betula p.pryiter
B etula pe ndula icc iminta
Celtis occi.d.entalis
Fratinus pnnslyvania lanolata*Mat
shall's Seedless"
Gingho bilboba
G le dits ia tr icanahos iner mis
Gl2ditsin trbanthos izermis "Imperial"
Gbditsin tricanthos inermis "Skyline"
Quercus alba
Quercus macroharpa
Quercus rubra
Q uerc us poulstr is "Soweign"
Tilia omericana
Tilin cor dota " Greenspft e"
Tilia x euchlnra" Red-ond"
ORNAMENTALltsEES
Acer innala
Amelanchier
M olu s b ac ata co lu m nar is
Molus (various species)
&uzzs "Newport"
Prunus triloba
Prunt* uirginia no 'Schubert"
Rhamnus fr ongula "Q6lrrrnnaris"
S yringa amvretsis j ap nica
EVERGREEN TR,EES
Picea glauca densala
Picea pungens
Pba pungeli glaua
Pinus nigra
Pinas pnd.erosa
Pinus resinoea
Pinus stro6zs
Pinus sy&resris
(Ord. No. 80, Art. VIU, ! 5G5-1,85€), 12.1ffi)
Maple, schwedler Norway
Maple, variegated Norway
Maple, red or swamp
Maple, red sunset red
Maple, sugar or hard
Birch, paper
Birch, cut leaf weeping birch
Hackberry
Ash, marahall's seedless greetr
Gingko tree
Iloneylocust, thornless
Honeylocust, imperial
Honeylocust, skyline
Oak, white
Oak, bur
Oak, red
Oak, soweign pin
Linden, american
Linden, greenspire
Liaden, redmond
Maple, auur
Serviceberry or juneberry
Crabapple, col.'-nar siberian
Crabapple, flowering-Varieties: Dolgo,
flaoe, radiant, red, silver, red splendor
Pluu, NeYrport
Pl""', Ilowering or rose tree of Chiua
Chokeberry, achuberts
Buckthora, tallhedge
Lilac, Japaleae tree
Spruce, Black llills
Spruce, Colorado green
Spruce, Colorado blue
Pine, Austriaa
Pine, polderoea
Pine, Nor*ay
Pine, whitc
Pine, Scotch
Landscaping
February 26
Page 14
0rdinance
1991
couuENT: I will be honest to state that srhile this section
appears to be well thought out, that I do not claim to be a
landscape architect and quite possibly the standards should be
re-exaroined by an appropriate professional. The requirementfor having rninimum 6 foot height of evergreen trees and 2\inch caliper for deciduous trees is standard and uniform
across the Twin Citiesr comnunities.
Section 20-7232. Maintenance and installation.
CouuENT: This section is fairly goodsuperseded by better language 1ocatedsection, Section 2O-!L7.
but has been sinceunder the site plan
section 20-L233. Required opacity.
(a) Landscape materials shall be installed to provide a Einimua of ffty (50) percent
winter opacity and a seventy (70) percent summer opacity, between two (2) feet above frnished
grade level to the top ofthe required planting, hedge, fence, wall, or earth mound within four
(4) years aft€r installation.
(b) The required landscape bulferyard may be combined with a utility or other easement
as long as all of the landscape requirements can be fully met, otherwise, the landscape
bu-{Ieryard shall be provided in addition to, and s€parat€ from, any other easement. Cars or
other objects shall not overhang or otherwise intrude upon the required landscape bufferyard
more than two and one-half (2lt) feet.
coturtENT: This is a perfect exaDple of an ordinance that isvirtually irnpossible to understand, nuch less enforce. Not
only does it differentiate between 50t and 70t opacity at
different tines of the year, but it also reguires that oneproject forward four years of grolring tine to undertake the
analysis.
All landscaping materials shall be installed in a sound, workmanship like manner and
according to accepted, good construction and planting procedures. The owaer of the property
shall be responsible for the contiuued proper maintenance of all lanclscaping materials, and
shall keep them in a proper, neat, and orderly appearance, free from refuse and debris, at all
times. All unhealthy or dead plant material shall be replaced within one (1) year, or by the
next planting period, whichever comes first; while other defective landscape material shall be
replaced or repaired within three (3) months.
Landscaping
February 26
Page 15
0rdinance
1991
Section 20-1234. Curbing.
All landscaped areas shall be proteitcd by coucrete curbing.
COUUENT: This section is fine uithout change.
Section 2O-1145. Landscaping and screening.
All b€rths shall be screened from public rights-of-way and from view from the property
across the street frontage and./or from the zoning district boundary when the adjacent prop-
erty or property across the street frontage or side street frontage is zoned or used for residen-
tial purposes. The screening shall be accomplished as required in article XXV.
section 1,
Section 20-695, 2O-715, 20-735, 2O-?55. 20_774 and 20_815, parkingSetbacks and Buffer yards.
A Section 20-695(6), Business Neighborhood District;Section 2o-715(6), Business Highway District, section 2o-755(5), Business General District, section 20-774(5) ,Business Fringe Districtr and section 20-915(5),Industrial Office Park District shal,L be anended byadding the following:
e.Parking setbacks al.ong pubtic rights-of-Lray mareduced to a nininum of 10 feet if the applican deDonstrate to the satisfaction of thethat 1O0t rcreening is provided at least 5
ybe
cantcity
feet
above the adjacent parking 1ot. The intent of thissection is that the City is witling to trade areduced setback for additional landscaping that isboth an effective screen and of high gual.ityaestheticalLy. Acceptable screening is -to baconprised of berBing and landscaping. Screeningthrough the use of fencing is not penoltted.
cott!.lENI : This section, trhich is located in the Parking
Standards, requires that all berths (loading areas) require
screening. As such, it is a good concePt but is poorly
drafted. It should also deal with outdoor storage i4 a
sinilar nanner.
Landscaping
February. 26,
Page 16
B
0rdinance
19 91
Section 20-595(8), Business Neighborhood District;
999!ion 20-215(8), Business Highway 5istrict; section jol755(7), Business. Fringe- Oistrict; Section 20_774(;i,Business - Fringe Distlict; and section 2O_BtsiTi',fndustrial Office park District shall be anended to'addthe folloring:
Buffer Yards: The City Conprehensive planestablishes a requirenent for buffir yards. Bufferyards are to be established in areaj indicated onthe P_l.an uhere higher intensity uses interface withlow_ dens,ity uses. fn -these ireas, a eifty 1-ojfoot buffer yard is to be provi'ded whefe 'the
interface occurs along a puU--lic street, a onehundred (100) foot bufter yird is required wherethe interface occurs on int6rnal lof linls.
The . buffer yard 1.s an additional setbackrequirenent. ft is to be cuEulatively caLculatedyith the required setbacks outf inea -'a.Uove.
The
be provided with a conbination of berming,
Landscaping and/or tree preservation to naxinrizethe buffering potential. To the extent deemedfeasible by the City, new plantings shall bedesigned to require the nininun of naintenance,hovever, such Daintenance as nay be reguired tonaintain consistency with the approved p1an, shallbe the obligation of the property ouner.
Buffer yards shall be covered by a peraanently
recorded consenration easenent running in favor ofthe city.
fn instances rrhere existing topography and/orvegetation provide buffering satisfactory to theCity, . or rhere quality site planning is ichieved,the City nay reduce buffer yard requireurents by upto 50*. The applicant shall have the fu11 burdenof denonstrating conpliance vith the standardsherein.
COltt{ENT: These secti-ons are new and we believe then to begood fron a conceDtual point of view. letbacks roi p"iiinqlots are establ isie . ,-1rng. " p"rt-o1il.nce type of standard,i.e. the betrer the ,bufferli"t,-6;;;;1-1er the setback. rnaddition, the creation ot. Urifter -yiia"'around
incorapatibleland.uses, as iltustra!:9 i" rtre c6nprerre"si*,e piin;Tiii-;;a najor long tern benefit for ahe-;i[;:--
c
Landscaping OrdinanceFebruary 26, l9g!
Page 17
Section zO-1]-7. Uaintenance of site and landscaping.
The owner, tenant, and their respective agents shall be held jointly and severally respon-
sible to maintain their property and randscaping in a condition presenting a healthy, neat and
orderly appearance and free from refuse and debris. plants and ground cover which are re-
quired by an approved site or landscape plan and which have died shalt be replaced within
three (3) months ofnotification by the city. However, the time for compliance may be extended
up to nine (9) months by the director of planning in order to allow for seasonal or weather
conditions.
Retaining u'alls exceeding five (5) feet in height, including stage walls which cumulatively
exceed five (5) feet in height, must be constructed in accordance with ptans prepared by aregistered engineer or landscape architect.
Section 20-118. Retaining lra1ls.
col0.lENT: Th 1Sbuilding coderetaining walls
section provides a necessary tie in rrith theto support the use of safe and effective
Section 20-119. Landscaping financial guarantee required.
when screening, landscaping or other similar improvemeDts to property are required bythis ordinance, a performance bond shall be supplied by the owner in an amount equar to at
least one hundred twenty (120) percent lof the] value ofsuch screening, landscaping, or other
improvements. The security must be satisfactory to the city and shal b" corriitiJred opo'
reimbursement of alr expenses incurred by the city for engineering, regar or other fees in
connection with inalinl ..,
prior to the issuance of any building permit and shalr be varid for a peii-J. ui,i^^,, .y--. * .,-.(l) full growing season aft€r the datc of instaratiou of the lanirscaping. The city may accept aletter of credit, cash escrow or bond. In the eveat construction of the project is not comptetea
within the time prescribed by building permits and other ipprovals, the city may, at its option,
complete the work required at the expense of the orraer and the surety.
The city may allow an extended period of time for completion of all landscaping if the
delay is due to conditions which ale reasondbly beyond the control of the developer. EJnsions
which may not exceed nine (9) months, may be granted due to seasonal or weather cond.itions.
when an extensioa is granted, the city ehall require such additional security as it deems
appropriate.'
coulttENT: This was a section added by staff to the site planordinance 1ast year ttrat more sp6ciriclf ry ;s"i;; -il"
naintenance of a1r landscaping in iccordance'vilf s-i-te pianapprovals.
Landscaping
February 26,
Page 18
0rdinance
1991
colrll{ENT: This section was instituted by staff last year to
more specifically require the deposit of a landscape guaranteewith each site p1an. Prior to the drafting of this section,no such requirenent existed and enforcenent was oftenundertaken on a hit and miss basis.
Section 18-51. Tree renoval and conserrration of vegetation.
(a) Existing healthy trees and native vegetation shall be preserved to the maximum
extent feasible and shall be protected by adequate means during construction.
(b) unless already on site, at least one (1) suitable tree shall be planted in the front yard
setback on every lot. The type or species of trees planed shall be approved by the city.
(c) consistent with approved grading prans, existing trees shalr be preserved within any
right-of-way when they are suitably located and in good health.
(d) No dead trees or uproot€d stumps shall remain after development.
(e) All disturbed areas shall be seeded or sodded to prevent erosion.
(0 Detailed landscaping requirements shalr be set forth in a development contract.
coluENT: This section is the only reference to tree reEovaland landscaping contained within the subdivision -oiainurr"e.
As such, it is the. only regulation that is appiiea-[;-;i;gi.fanily development. -staif believes that -€his is trigiiyinadequate and needs to be addre=="a ir,-inoi!-rig1iii."ntmanner.
SIJ}{II{ARY
staff is p9-eklnS direction fron the planning Connission on how to!f-o"".9 vith. devel.opnent of a revised ranascipinj;;;fi;#.' yourconments on the nateriar outlined above are eiseitial i.i w"-ar" tobe able to prepare a code revision Luit aa"grit-Jry-relt=- vor.needs .
CITY OF
CH[NH[SSEN
690 COULTER DRIVE . PO. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMORANDUM
TO:
FROM:
DATE :
SUBJ :
Planning Connission
PauI Krauss, Planning Director
February 27, L991-
Pending No-Net Loss - wetlands Legislation
Staff has had extensive discussions with the Planning commission
concerning the desirability of updating our wetlands Protection
ordinances in a cornprehensive manner. This is programmed to be
accomplished under the Surface water Utility Program in conjunction
with a storm water management plan and a water quality managenentplan, which will be started later this year.
Staff has recently become a$/are of the fact that there are tliro
bilts pending in the legis)-ature that would achieve no net Loss for
wetLands. The no net loss language is essentially a buzz word that
irnplies that if a wetland or a portion of a wetland is danaged or
filled, that an equivalent area of wetland nust be created and
protected elsewhere. Most no-net loss bi11s place a primary
ernphasis on avoidance of srettand impact, then rninirnization of
irnpact, rri.th replacement being the option of last resort.
Staff supports the no-net loss legislation in concept. Hoqrever, I^re
have some significant reservations with the bills that are pending.
It is our understandj,ng that one of these biIIs, mostly likely the
Munger 8i11, House File #1, stands a good chance of getting adopted
this year. The Munger Bill requires a two to one replacement for
damaged wetland areas. In our opinion, this is acceptable,
however, the adrninistrative procedures outlined in this ordinance
are poorly drafted and could represent a najor problem in the
cityts wetland protection efforts. Our concerns are outlined in an
attached letter that has been sent to Representative willard Munger
and a number of other individuals who have an interest in the
Iegislation. we have also attached copies of the bill for your
rev iew.
CITY OF
CH[IiIII.[SSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
February 22, l99L
Representative Wiltard uunger
Minnesota House of RepresentativesSt. Paul, MN 5515 5
Dear Representative Munger:
I am writing you in reference to your biL1, House FiIe No. 1, theIvetrand Enhancenent preservation and protection Act of 1991. onbehalf_of the City of Chanhassen, I uant to appLaud your efforts inpro:noting enhanced uetland protectlon and lnprove-d coordinationarnong .agencies concerned with rretLands. f-n our view, staterecognition of the no-net loss policy is long overdue and ueberieve it is beneficiar for locar govelnnent td have such an actto add credibility to our own wetland protection efforts.
The city of Chanhassen has been a leader in rretland protectionefforts. since 1984, the city has enforced an innovatiie wetlandprotection progra, with good success. Ile have coordinated theseefforts with the 1ocal Watershed Districts, llinnesota DNR, U.S.Fish and t{ildtife service, county soil conservation District andcorp of Engineers. our wetrand prbtection progran is basea on wrratis a_no-net toss policy. and pro€ects any size -";ala"d-il; db. rrto ?ype VIII. we have enforced tfris progran tfrrouqir ourdevelopnent review process. using a rretland aitefation F;it. t{ehave always enforced avoidance of alteration roi ,irrr-.1:.. arrafunctional wetlands and have arlolred nitigation in Lases wrrere tn"existing wetland is in.poor condition and Loutd b" inp;;;ee.--wh.r.wetlands exist on sites that are undergoing 'iuai.rrirro, ordeveloprnent review, the city typicarly wirl iequire [tre aeJicati.onof a protective conservation easenent over tie wetrand to avoidldirect impact and virl also take Deasures to ensure that rraterdraining into the netrand is of. good guality ro i=-io-i""ia ""yindirect inpacts. The city renaini on €he "rttirrg "ag. oi- wet:.anaprotection efforts. we have recentr.y adopted -a i-"iri".- w"t.,utility. District and have begun to co1le-ct fuirds fron our ilsiaentsthat will be used to inplEnent a coordinatea viie-in""Lr""tstrategy. our efforts are three-ford, including a
- siorm-'rr.t"rmanagenent progran, . a .water quality inproveneni progran, andenhanced wetland protection lasld up6n current statl oi the art
Representative Willard UungerFebruary 22, L99t
Page 2
techniques. These obj ectives were jointly reviewed uith Dl{R, U.S.Fish and wildlife, our county governnents Lnd l{atershed Districts -a1r of whom concruded that the city, given the resources avairabreto us, were in the best -position €o be the lead agency. The Cityis also_ participating in a lletropolitan Council sp6nsored taskforce charged with the task of inproving water quality in theMinnesota River.
The infornation concerning chanhassen is provided for two reasons.First, we beLieve it denonstrates our long-standing connitnent tor,retland protection efforts. Secondly, I hope it enphasizes thefact that Chanhassen, and uany other Detropolitan conn-unities, arealready undertaking rnany of the tasks thlt are incl.uded in yourlegislation.
while I must ernphasize that ne do strongly support the intent ofyour legis1atj,on, your bi11, along wit-h -a si-nitar bill in theSenate, poses several significant concerns for us. The firstconcern is that there does not seen to have been significantinvolvenent of local city government in developnent ot {frt Uiff.The bill places a heavy enphasis on county governrirents forenforcenent. fn our opinion, particularly in the netropolitanarea, ve believe this Lack of coordination with Ioca1 citygovernment is an unfortunate oversight. In Chanhassents case iiparticular, I can state quite sincerely that our Local uetlandpreservation efforts far exceed anything Carver County currentlyenforces or is likely to enforce in the future. We ire able tosuccessfully coordinate all interested parties and act as the nainsource for infomation. The oversight is of even Dore concernsince, in the netro area, vetlands are threatened by developnent toa nuch greater degree than fron agricultural inpacts. Countygovernnents have littLe or no involvenent in deveioprnent reviewlwhich are typicaLly undertaken sole1y by the 1oca1 city governnent.Therefore, f would ask that your bill reflect the- ability anddesire. of 1ocal-city government to continue our long-standinlg andsupportive involvenent in vetland protection. we aie conforiablelrith Ioca1 city governrnent having the prlurary role for uetlandregulations.
Another issue for us concerns the desirability of reguiringprotected uetlands to be acquired uith publlc funds. As -stated
above, Chanhassen typically exacts uetland protection as a cost ofdoing developnent in our connunity. We did not put a rretland on aparticular parcel and we believe our responsibility is therefore
91e of. protecting what nature put .on the grouna, leaving thefinancial cost of that protection foi the deielopei to negoliat"with the. property owner. ThiE has been very succlssfully iittroutever_having conpensation brought up by the developer. In -fact, thedeveloper now realizes vhat an aisei a vetland -is. I also notethat chanhassen has a uetland alteration ordinance that wouLd
Sin ly,
au1 auss, AICP Jo Ann Olsen
Senior PlannerDirector of Planning
PK: k
cc:Uayor and City Council
Planning Com:nission
Representative Iunger
February 22, L997
Page 3
prevent an individual property owner fron filling a wetlandregardfess of whether or not the property is proposed fordevelopnent. We are concerned that the new bill has the potentialof altering the context under which we have protected setlands inthe past.
Your biLL also incorporates procedures that sould greatly protract
and extend reviev tines required for developnent. llot only isthere an entirely new review process required in instances shereh,etland irnpact nay result, but ve believe that the requireDent thatnitigative actions be approved and in place for one year prior toundertaking any uetLand alteration is excessive. Essentially, adevelopment that would have wetland inpact will now have a mininurndelay of approxinately two years before any construction couldoccur. We appreciate the fact that this will nake a developerthink twice about impacting a wetland, but believe lhis is alreadythe case with our present regulations. This vi}1 greatly increasethe cost of developnent, and Dore inportantly, we do noi think itis necessary to achieve the resul.t of protLcting the wetlands.Lastly, the review procedure outlined in the biLL seens, to be anadditional layer of governnent involvenent over and above what wealready undertake. we uould reconmend against any further increasein. the_. cohplexity of wetland review which is already anextraordinary cunbersome process.
fn closing, I again rrant to state our support for the fundamentalefforts of your biLL and of your ovn personal efforts on behalf ofrretland protection. I believe that if our concerns can beaddressed, the resul.ting bill wiLl achieve the goal to which we allare striving.
Ja&+1 Mt
0L/01/91
lntroduced by llunger, Vsnasek, llarsh, Xali5, Dille
January 9, l99l
nEfer.red to Connittee on ENVInoNIIENT 6 NATUR.AL RESoUnCES
IREVr SOR ] XXIJV 91-0{59
Relroduced by PIULLIPS LEGISIATIvE SERVICE
A bill for an act
subdi v i
relating to l,aters; establishing a program for the
enhancenent, preservation, rnd Protection of iretlands
l,ithin the state; providing p!n.1ties, anending
tlinnesota Statutes 1990, sections 97A.1{5, subdivision
2, 103A,201., 103E.701. by adding a 3ubdivi3ion;
103c.005, subdivision I8. and by .dd.ing subdieisions;
IO3c.22l, subdivision 1, and 103G.231, subdivision 2,
and blat, i
rePea
.dding a subdivision; proposing coding for new
lrinneaota Statutes. ch.Pters l03G and 273,
nq llinnesota st!tut€s !990, section 103G.22I,
sions 2 and 3.
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BE IT ENACTED BY AHE LEGISLATURE OF TIIE STA'E OP IINNESOTA:
section 1. ICTTATION.I
This rct ma be clted rs the rsetland enhancement
pr ese rvat ion and Drotectlon act of 199I."
Slc. 2. tlinnesota Statute3 1990, 3ectlon 9?A.l'15,
subdivision 2, ls arnended to r..d!
Subd, 2. TACQUISTTION PROCEDURE.I (a) Lands purchased or
leased under this section nust be acqulred in lccordance {ith
this 3ubdiviEion.
(b) The conunissionar must notlfy thr county bo!!d and the
toen officlrs whelc the land lB located lnd furnigh thrn a
description of the land to be acquired. the county board tt!!t
!pp! ov e -or -d i !approvc ria\t r ecortnend approval o r disrgp!o|aI cf
the proposed acquisition erithin 90 days !fter being
natif ied. ?hc-comttti!sion!!-ilay-ert!nd-th!-!ine-!i,-to-38-a!rs?
The soil and !r.ter cooservation dist!ict suprtvi30rc ahall
counsel the county board on dr.inage and ttood control and the
H.F. No. I
CgDpanion S. F. No._
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or/01/9t IREvISOR I XXlJv I ] -0 '.159
uest utilizaiion anit caplbillty of the land'
( c ) If -thc-coEatt-board-rpproYcs-the-aeq!isition-rithin-th'
p! c!e!ibad- tinc7- thc - eoiuii ! !i onc r -rray-acqui rc- thc- l'nd
Recoorendations to the comnlssioner bv the countv board on
(d) rf the county board disapprovcs recorunends dlsapproval
of the acquisition, lt nust 3tate valid rersons' The
co,Nrissioner nay not purchas' or lease the llnd if the county
boaril disaPproves the acquisitlon and states lt3 rrasons elthin
the prescribed tine Period' ThG landcrn'!-o!-thr
coifii!3ionc. countv board nay lPPeaI th'-ailaPploval an
acduisition approval bv the connissioner to the district court
having juri,sdiclion where the land is located'
' tcl-?hr-corutis!ionct-or-lhr-onner-of -thc-land-nr'-sEbnit
th r - pr opo!. d-.cq!i ! i t ioi- to-th'- lr n' -ercha a9! - bor rd- i f r --t1i- thc
coq nt, -bo! la-doc !-not-9 iv r- ! !a!on - for -di 3aPP!ov!I" -o?-do' ! - ao t
a pprov c -or -d i sa Pprovc - t hr - reqE i !*t ion-ri t hia-thc-P!'se! ibcd-t inc
pc r iod;-ot -t ll-ttrc-eoBrt -f ittas-th!t- thc-di!aPP!otaI-i!-t sbi t sart
and-c!p! icioE!, -o!-that - t hc- rcason!- !tatcd-for-di saPptoval-arc
invalid;
t f i -fhe- Ia nd- c r cha a9G -bo! rd-aE! t -eoBd! ct -!-h'! r I ng-aae-f,takc
a-dcc*!ion-oa-th!-!eqEi!ition-rithin-58-da,!-af t'!-s'c'ivin9-the
pr opo!al r - -lhc - l! nd-crcha ngc -boa!d-r! ! t-9 iYr - not * c' -cf -thr
hcat i |r9 - !o- thG -€o! titr-boa ?dr - th' -conn] c ! ]on' rt-th' - laadorn' ! t
a6al-othGr-iatG!crtcd-Particsr--?hG-l'na-crchanEr-bo!ra-n!st
eoneial.!-thc-lnter€!t!-c!-thG-eountrt-thG-!trtc'-aa'l-th!
laidorncr-in-dctG!ainitrE-rhcthcr-thG-acqni!ition-i!-la-thc
p!b* ic-intc!ert r--I f -a-f,ta iot ity-of -thr-laad-rrchrtrEr-bca !d
neabeta-apgrovcs-thG-acqEi!itionr-thc-eon.rli!!ioiGt-ray-acq!irc
thc-Iand"--If -a-tria joritr-disaPProvr!,-thr-coanisricact-f,ray-aot
F6t chas.-o!- lca3. - th.-land:
Sec. 3. Mj,noesota Statutes 1990, section l03A'201, is
.nended to r€ad:
ro3A.20t I RECULAtORY POLICY. I
subdivilion l' tPoLtcY' l To conErrve 'nd usc ulter
rcsources of the etat! in the best intcrcsts of lts PGoPI!' lnd
0t./0.1/91 IREvrsoR I XXIJV 9 r-0{ 59
I to prohote the public health' 3afety,
2 policy of th€ state that3
3 (I) subject to ettsting rtghts. Public a'ters ar€ subject
{ to the control of the statei
5 (2) the state, to the extent provided by lau' sball control
6 the approptiation and use o! oaters of th! statei and
? (3) the state shell control and 3uPervlse ectivity that
8 changes or eill change the cour3e, currlnt' or croas 3lctlon of
public u.ters, inctuiling the constructlon, r'construction'
repair, renoval. abandonnent, llteration' or the tr'nsfer of
oen€rship of dans, reservoir3, control 3tructures' and x'tcrway
obstructions in PubIlc aaters'
Subd. 2' IFINDINGS; PUBLIC INTERESI' I (a)The leqisl6tu re
f inds that the tletlaflds of lli nneso ta prov ide DubIic va lue by
ir iescendin orde r of riorit
and uelfare, it is lhe
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conservinq surface uaters, naintaininq antl ltnDrovinq irater
inproved subsu!face moisture, helDinq [oderat! clinatlc chanqe'
and enhancinq the natural bcautv of thr landscrDe' rnd are
inportant to comDrehenslve watrr Eanaqenent' snd thet it i3 in
the publ ic lnterest to!
(lt achievr no net lo33 ln thG oulntltv' oullltv' and
C!ve!sItv of rinnesotl'3 axlstino u'tlln'lsi
(21 incr€asa th" ouantitv' oullltv' tnd dlvcr3Itv of
Itinnesota's u"tLlnits bv rcatorinq or 'nhanclno dllrinl6hed or
drr ined u€ t lands;
(31 avoid dircct or tndirrct ltrDact! fron 'ctivltics that
d!strov or dlninish r,etland3; rnd
({} nitiqat! eherc reoldanc' is not feasibl! 'nd DrudenL'
(b) l4itiqation must b! quidld bv the foltoeina grincioles
(l) avoidinq the dirrct or tndirect lmDact of the 'ctivitv
rhat lnav destrov or dininish th' r'!tlrnd;
(21 nininizinq thr imDlct bv litrrltlno the drqrtl o(
naqnitude of the uetland actlon rnd its illDlcnentrtion;
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lREvrsoR I xxlJv 9l-0{59
(3)r€ctlfYin the inoact be rlpair ing, re habll,ltatinc, or
r es tor in th€ rffecte d ee t land environnent
{reducin or aliminat in the i act over time b
Dreservat ion and na intenance ope rations during the life of the
act ion; and
5 nsatin for the i ct re lacin or rovidin
subst i tut! uetland re50u r c e! or rnvironnents.
(c)Restoration and reo llc€mrnt of eetlands nust be
accompl ished in ac cordance wlth th! ec oloqy of the landscape
area affected.
(d) This 3 ubdivis ion controla the enforcement and
admi nl st rat ion of a II other statutes affectinE uetlallE!
Sec. {. l,tinnesota Statutes 1990, section 103E.70I, ls
amended by adding a subdivlsion to read!
Subd. 6, IWETLAND RESIoRATIoN AND
dra i naqe s ysteh nay l!!Iude thc rcsto rat ion or enhancement of
I{ITIGATION.J R€pa i r of a
or/01/91
r.retlandsi eeiland nitiqation under section 103G.222i and the-
realiqnment. of a drainaqe svstem to grevent dralnaq€ of a
uetland,
Sec. 5. Hinnesota St.tutes 1990, 3ectlon I03G.005, Is
amended by ldding r subdlvislon to r.adl
Subd. 10.. I LOCAL i{ATER I{ANAGE ENT ORGANIZATION.I 'Loea1
eater nanaqlncnt orqraizatlon' nean3 the Danaqert of r eatershed
district established under chapter lo!D. tlhere no eltarshed
district hrs bcen G3tabllshrd, thc loc!I rrte! ntnaocment
orqanlzatioa 3hrll b! thG qovarnlnq bolral of thc countv, cItv,
or the eatcrshed tnanrqelnent@
Sec. 5. ,tinnlsotl Strtutls 1990. arction 103G.005, l5
amended by adding ! subalivislon to r!!d!
subd. tla. lxrTrcAtroN.l 'tlltiqltlon' i3 thQ
ouantificatlon lnd rrDlacenant of an !rla's glte' oualltv,
character, !nd diversitv throuoh r€storation or creation of
Gquivalcnt ourntltica 1n lnothar ar!! rfter thr inDacts of the
proposed Droi.ct have bGcn avolded !nd mininizld to tha artent
possible lnd tharc arc no fG.!Iblc lnd Drudent.ltcrnatives.
scc. ?. xinnesota Statutes 1990, slction 103G.005, l3
ot/01/9t lnEvrsoR I xxlJv 9l-0{s9
1 amended by adding a subdlvj.sion to read:
subd. 17a.IHATERSHED.I "flatlrshed" neans the 8I najor
3 rrat€rshed units delineated by the 'State of llinn"sota Watershed
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BoulEaries - 1979" nap.
Sec. 8. l,linnesota Statutea 1990, section 103c.005,
subdivision 18, is anended to rc.d!
Subd, 18. IWETLANDS.I'rletl.nds" Deane a]]-trpcs-3r-,lr-and
5-rct l a id s ? -a ! -de fi ncd - i n-Ei i tcd -9ta tc !-Pl sh-and-Hi Id l i f e
5. ! vicr-girsEla r-No"-39-t 19tl-rdit ion,7- not - i nc +tsded-ri thin-thr
de f i ni t ion-ot -pE bl i e-ra t e ! s r-th! t -a r G- te a-or -norc-acrcs-i n- s itc
i a - n n i aeorpo !atc d -a rca s -or - 2 - l/?-or -aorG -rer. ! - i n-incorporatad
ar!a!r lands trtnsitional bct!re!n terr?strial and aquatic
systems lrhe!e the uater tabLe is usualI)r rt or n!!r th! surface
or the land is covqrgd bi, sllallow eat€r. lq! pu rlose! ollt! i s
definition. r,etlands nust have on! or norc of the followl nct
three attributes:
at leas t riodicall tha land su rts redomi nan 11
hydrophytes,
2 the subst!ata l3 redomi nentl undrained h dri.c soi I
and
(3) the substrate ls nonsoil end i3 srturatld t,ith uater or
covered by shallou $ater at sone tlm€ durinq the Eroul4g season
of each year.
Sec. 9. t{lnnesota Statut!3 1990, scctlon 1,03G.221,
subdivision l, i3 lnended to raad:
Subdivisloa-lt--f BRAIr|AGE-€P-llP?EANES-eElIERALLI-tRgH:Br9EE
Ht?HOct-REPbAeEHEx?'i-Ere.pt-ar-ptovidcd-ta-srbdirision! -?-!nd
37 wrtllnds nay not br dreln"al, lntl ! p.rnlt ruthorltlng
drlinage of eetl.nds nay not b. l!3urd, unlrla thc tetlends to
be dreined are r.placed by v.tllnds th.t elll hrva equal or
g.eater public valua.
Sec. 10. [103C.2221 (REPLACEI,IENT OP i{ETLANDS.I
(a)
'letlands
uhich ar€identifi!d on United St.t€s Fish and
wildlife Sclvicc Natlonal wctland3 Invantor v naps or rrhich hrve
b€"n restored or createal by 9u bllc or Drlvrt! cgnSarvat lon
I
r rams nust not br drrined or fillld rrhol l or rtirII
IREVTSOR I XXIJV 9t-0{59
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eoui.valent 3ize, ouantitv, character, and divelsitv ynder either
a nitiqation plan aDoroved as Drovided in section 13 or a tnininq
reclamation Dlrn aDDroved bv thr connissioner under a Bernit to
nine under section 93,{81, ehichever i3 the nost !estrictive'
eatershed or countv as the ltrDectad eltlands' as btsed on the
setland rvaluat ion.
(cl itiqation nust b" ln the rltio of tro acres of
eetland grohibit inq nonaoriculturaL use'
approved nitiqation plan are subi€ct to the provisions of this
section for anv subserucnt drainaqe or fillinq'
(e) All requests to add or delete a wetland fron thr
aDplication of this subdivision nust be aDprovetl in the same uav
rrsolutlon of the board of water and soil resources rnd nust be
or does not comDlv with astabliEhed critlria fo! tnclusion in
thr nrtlon!l eatlrnds i nvrntorv.
Sec. lt. tr03G.223! ICALCAREoUS FENS' l
bc fillrd or drlin"d, rhollv or Dartiallv. bv anv ectivitv'
Src. 12. IrO3G'2241 l ECOLOGICALLY SIGNIFICANI PEATLANDS ' ]
naps in th! l9!,1 connilllonar of nrturrl resources re9ort'
"Recomnend!Fions for Protection of Ecoloqicallv Siqniflcant
partiallY, bv rnv ,ct lv I tv.
src. 13. Ir03c.22{11 [EXCEPTTONS. )
flctllnda lalcntifird i.n Bectlon IO arr not 3ubiect to
nitio.tion or replacenent if!
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o1/01/9L lnEvrsoR I xxlJv 9l-0{59
(I) the wetland is a wetlanl restored under a contract or
easement ploeidi.nq the landoener eith the rlqht to drain the
restored lret land;
(2) the lretland is located betueen the banks of a ditch, as
defined in section LO3E.OO5. subdlvlsion 8; or is Iocated
between the cro{ns of the leveled spoil banks Dlanted }rith
pernanent qrass, as provlded in srction 103E,021, and the
opposite brnk, and the i,etland :s drained Dursuant to a di.tch
rrpair is defined in section 1038.?01.t
(3) the eetLand has rlcrivad a connenced drainaqe
determination Drovided for bv th! 1985 feile!al Food Securltv Act
that was nade to the county aoricultural stablllzation and
conserv:tion service office prior to SeDtenber 19, 1988, and a
rulinq and anv subseouent apD€aIs or reviees have detlrnined
that drainaqe of the uetland hed baen connenced Drior to
Decenber 23, 1985; or
(4) the wetland eas created solely as a result of beaver
dan construction, or the blockaqe of culverts throuqh ro.deavs
lnaintrined bv a publlc suthorltv.
Sec. l{. (I03G.2242, IxITIGATION PLANS.I
Subdlvision l. IRULES.I (r] By Julv l. 1992, the
connissioner shall. adopt rulrs aoverninq th€ approval of
nitlqation plans upder thl3 scctlon, These rulrs nust .ddress
the criterla. Drocldurc, timinq, end locatlon of ecclptlble
nitiqation, the estrbl,Ishnent and ldninistratlon of r eetland
brnkino progran for public tlansport!tion proj"ct3i the
nlthodoloqv to be used ln tdantlfvlnq and evalurtinq e?tland
functions, the rdministrativa, nonitorlnq. and lnforcernent
procedures to be used; and providr a proccdurr for th" revieu
lnd lppcll of dlcisions under thls section.
(b) Prior to thr rdoption of these rules, rrithin 120 davs,
the nittqation Dlan mugt'b€ lDprov"d bv r five-tnrnber leview
prnel. The rcvieu Dsnel shlll b! composed of the alea reqional
administrato! for the deDartnent of natural r?sources. the !rea
reaional dlrector of the pollutlon control .qencv, on. bolrd
nenber of the local soil anal uatcr conservatlon di3trict or
must be appoint ed by ' the countY board.whe re there is no
urisdiction.
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ot/o't /sL IREVISOR I XxlJV 9t-0{s9
di3trict3 eithin the countv, one nanaqer ot the watershed
district, and one nember of the local Hater plannino aroup eho
iratershed alistrict, a nember of the qoverninq board of the
countv or citv shall be Dresent on the revieF panel'
(cl Atter the adoption ot thes€ rules, the mitiaation DIan
must be lpproved bv a resolution o! the qoverninq board of the
Iocat r,rte! nanaaenent o!qanl2atlon, consistent l,ith the
provisions of the rules.
(dl If the locaI r,ater nanaoenent oroanlzation fails to
applv the rulcs, the eater nanaaenent orqanizttion ls subiect to
civil Denaltv under lar.', and the coflmissioner tttust assurne
authoritv for apDroval of nitlqation Dlans i{ithin the affected
Subd. 2. IEVALUATION.I Ouestions concerninq the location'
a technical avaluatlon panel. The technical evalurtion Danel
shall be composed of. techoical Drofession'l lmDlovee of the
departnent of naturrl resources, ! technical professlonal
enplovee of the locll 3oi1 and eater conservation dlstrict or
orqanizatlon. The Danel nust consult with and b! in coocu!rence
ulth the unit.d strtes Pish rnd nildlife Service and the
nationrl retland inventorv aaDs' Thc Drn'l 3hall provld€ th!
rretland infornation to the ruthorltv thlt ltrust tpproec a
includr thc decislon of tha trchnicll rvaluation prnel in their
approvel or dcnial of ! nltiqation Dlen'
subd, 3. (llrTrGArroN col'tPLETTON. ) Xitiqation nu3t be
conpleteal !t least one qrouinq season prio! to the 'ctutI
draininq o! fil.Iino of a r'rctland.
Subd. a. IDECISION.) As Drogided in section 13' and uDon
rcceivinq lnd considerinq !Il !eouircd data, thr local elttl
nanaqenent orqanizltlon or co[unlgsioner aporovinq a nltlqation
plan lnust act on all apDlications for tnitiqation Dltn 'pDroval
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oL/07 /91 IREVTSOR I xXlJV 9l-o{59
vi thin I20 days,
subd.5 INOTICE OP APPLICATION. l Within ten drys of
Subd.5 (NOTTCE OF DECTSTON,I At least 30 da ys Drior to
the effective date o! the a Dprovel or d enial of r nitiqation
mailinq specified in subdivision 5. If appeal is not souqht
within 30 da S the d€cision becones final. A al nay b! made
by any of those lo whoir notice is required to b€ nriled under
subdivision 5r or bv 25 Iando!,ners or resldents o! the state.
All appeals must be heard by the connlttee for dis>ute
regolution of the board of water rnd sol1 resourcrs rnd e
receivinq an application for approval of a mitiqation plan under
this section, r copv of the application nust be submitted by the
cornmlsEioner for publication in the Envlronmental Oualitv Board
l.tonitor and separate copies mailed to individual nenberg of the
public who request a copv, the boaral of suDervisors qf thc soil
and rater conservetion dlstrict, thr nanaoers of thc uate!shed
district, the board of countv corutll3sioners, lnd eithln the area
(,atershed, the nayors of the citles. At the srne tinr, the
local rr!ter nanaqenent orqanizatlon mult Eive eeneral notice to
the public in, general circulation newsoaper rlthin the area
affectcd.
plan under this sectlon, a coDv of the aDproval or denisl must
be submitted fo! publlcation in tha Environmentat Oualltv Board
ltonitor and separate copies nailed to the appllcant, the
conmissioner, individual nembers of the Dubllc Hho rcouest a
copv, the board of suDervlsors of the soil and wst€r
conservatlon district, the nanaaers of the rat!!shed dlstrict.
the board of countv corulissloners, and the n|lvors of the cities
uithin the arca ea t e rsheal.
Subd. 7. IPUBLIC COI.IXENT PEnlOD.l Befor. approv.l or
denial of a nltiqation plan undcr thls s€ctlon. conw"nts nav be
ntd€ bv tha puplic to the local u!te! manaqement oroanlzation
for a prriod of 60 days.
Subd. 8. IAPPEAL. I Apprll of th! dcclsion nrv be obtrined
bv rnailinq a noticc of rpperl to th€ borrd of L,.t!r and loiL
resources nithin 30 davs aftrr ths Dgstlrlark"al datc of thr
0L/01/et IREVTSOR I XX,/JV 91-0459
dec i s ion a ade elthin 6 0 days o f the appe a1. The deci3ion nu3t
be served bY mail on the Part ies to the aPPe aI, and ls not
subiect to the provisions of l.t i nnesota Statut es, chapter l{.
The dec i s ioD nust be cons l de red the dec i sion of an agency rn a
contested c ase for rpo ses of iudicial re vier, under sect i ons
I{.53 to l{. 69.
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Subit. 9. [I{ETLAND f,ERITAGE ADVISORY COI'{IIIITEE' I ThE
collurittee conaistinq of ! balanced diversitv of lnterests
includinq aqriculturc. lnvironnental, sDortinq orqanizations'
!.and drv€lopment oroanizations, local qovernnent otqanizations'
and other aoencies. The connlttee shall sdvise the cotnnissioner
on the devel,opnent of rules, and after rule ldoption' shall neet
twice a vear to revieu inplementation of the oroqran' to
identifv strenqths ana! xeaknesses, and to recorutrend -chanqes to
th€ rules and the la!, to illDrovc thc Droqran'
Subd. lO. []IITIGATION CREoIIS.l No public or Drivate
rJetlanal testoration, enh!ncenent, o! construction nav be !lloeed
for mitiqatioo un1€33 lDecificaLlv deaiqnated for nitlqation and
gaid for bv thc individual or oraanization Derfortrinq the
wetl!nd rGstoration. enhqncement, o! constructlon, and is
sec. 15. tro3c.226l (DRATNTNG PUBLTC IiATERS.l
No publlc ditch nav ba rlDalrld In ruch ! srv !3 to
p!rti.llv or conpletelv drain r Dqblic aater loventorled undcr
Eection lO3C.20l, Gxc"Dt .3 grovided in srction 103G'221' This
section does not llmit th€ rloht6 0f a lrndoHncr lo nalntain an
aection 13.
Sec. 16. tr03G.2271 [ ENPoRCEIENI' l
Subdivision t. ICRI]tfNAL PENALTY ' t violat ion of this act
const: !utcs a ni sdeheanor .
Subd. 2. [CIvrL PENALIY. ) In addition to the penaltv in
s'rbdiviiion f, r violator of this !c
Denaltv of uD to SI00,000.
Subd. 3. (couRT coSTS.l UDon convictioo' ! vlol'tor of this
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0r/o't /9t IREVTSOR I xx/Jv 91-O{ 5 9
act must PaY rll applica ble court costs,
subd, I I DAIAGED I{ETLAND. I Conviction under this act
requires a vlolator to restore or replace any din i ni shed or
dest r ed vetland. The mi n inun penalty under subdivision sland
2 nay b€reduced by 50 perclnt il the viol a tor rcato!es the
eetland xithin 30 days of notlce of the vlolatlon
Subd. 5 IcoHl,rrssroNER. I ?he cottunissioner or !uthor i zed
aqent is res nsible for "nforcement of this act.
subd.6 I PHONE LINE,I The comissioner nust p rovide !nd
DU bl lcize a toll-free phone nunber to the publ. ic for i nforma t ion
about eiolltions of this rct.
Sec, 17. llinncsotr Statutes 1990, scction 103G,231,
subdivision 2. is .nended to raad!
Subd. 2. IFILLING I{ETLANDS POR IRRIGATION BmHS.l A
Iandoener nay fill tenporarilv Dad or brld Ee ! rctland to
accommodate rheeled booms on irrigatlon devicas lf the fill-does
not-ilnpcdc-no!n!l-draia!9 c activity hrs onl y r ninlnrl Inpacl on
the hyd rol.oEic ana! bioloEic charact!rI!tica ol the netlend.fhe
landorner must notify the elosest locll xater nanaElment
orqanizatlon rt llast seven da s brfor. th. rctu.l. paddinq or
br idEi nq occur s.
Sec. 18. llinn€sota Statutrs 1990, srctlon 103C.231, ls
amended by .ddin9 e eubdlvlslon to r.!d3
subd. 3. [usE oP nETLANDS FOn rlrtIER iARVESIING. I i
llndorrner nay tc $polerlly Dad or brldqr ! sltl.end to hlreest
tinber as D.rt of ! for!gt ltlnloanrrnt Dl !n ao lons aB the
paddinq or bri inq has only r ninlnal lnprct on tha h yd !oloq i c
and blolocic cha racter lrt i ca of tha uatland;th. rctlvltlls do
not result ln the construction of dikas dltches, t 11" llnes
buildinas,and the titnbc! harv"stlnq do"s not lrsult I n the
drainnge of the retllnd or E,u blic art€rE. Th" lrndorner lnust
noti fv the closest local r.rater nanaqenent orqanization !t Ieast
seven d!s before tha lctua I Dad d tno or br idqinq occuls.
Sec. 19. [273.f131 ISIATE PAID WETLANDS CONSERVATION
PAyIENT. I
Subdivision 1.IPAytlENT.l fhe oirner of eet].ands naY
oL/0't /91 IREVISOR I XXIJV 91-o { 59
annuall v rlcalv! a ertl.nds c ongervat lon P!nent of an amount
equal t o .... -Pq rcant of t ha avaraqc lev Gl of lstlnalad market
value of an ac(G of cont I quous Ilnd nart to ehlrc thc ualifvinoq
tretland l3 loc! tcd,.ultlplicd by th!nunbar of !cra3 of
uetlands oened.The ant au3t br p!id directly ck f r ottl
the connl3sion€r ot rGvanu? to tlrG I)!ty oenar. An txcessr
of pa n t ovcr ta r lirbllltY shall not be Id to th. Dto oe rt
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ogner.
Subd. 2. I RElrtEt{ OP CERIIFICA?IONS. t lhG com,trl.slon'r of
revenu! 3h.lI !.vl.e th. cartlllc.tton! to d.t.rnln. thcir
accurlcv, Th! corutll!3loner rrv lnalc chanqrs In tha
ccrtification or raturn ! crrtlttcrtlon to tha countv auditor
for cor ract ion3.
subd. 3. lflllE oF PAYrlEltl.l P.vnent 3hrll br n!d. .t the
tinrs providcd in 3!ction a7ln.l0, subdlvl3ion 3.
subd. a. IAPPLICATIONS.I tn o!d.r tO r.c?lv! thc artllnds
conslrvatlon Davnant grovldad ln thla 3'ctlon, tn oen'r ol
vGtlands nu3t artG !n lDDllcltlon to thr audito! lor Davncnt lnd
.cr.e not to dsrln or flll th! ratllndr alurlnq th! vaar lor
uhlch thav racllvc th! Dav[|ant. Tha locrl r3sasror thlll
certlfy thlt lrch lrndounGr rGcrivlna thc Dtvaant ha3 30
.er!.d. Th. ludlto! lutt forelrd appllclttons lnd a coDv of thr
trr ltatamnt to tha coultrlonlr ol raganu!.
Subd. 5. [ELtGIDtLtu IOR SlAlE OONSERVAIION nESERVE
PROGnN,!.l tn or.n.r of v.tl!nd3 r.cGlvlno I craallt undGr thl3
sectlon rurt racalva hloh Dtlorltv conrldrrltlon frol! th! bolrd
of eatr! rnd roll ratourcar lor allqtbla llad rlcllvlno
con3clvatlon pavnrnts undar Sactlon 103P.515.
S.c. 20. IREPE LIR.I
Ilnnrrotr Strtut.t 1990, !.ctton.l03G.221, .ubdlvl.ion3 2
.nd 3. llc raDC!Iad.
Sec. 21. I EPFECTIVE DATE' I
Thir rct tt clfactlva tha dav lolloulnq fln.l tnrct&tnt'
f
;
Senate Counsel & Besearch
G-17 S:rtE C^'ltoL
St P^uL MN 1,155
6'2:!t6.;9!
KB
O^torEL A S^.lMo..E O,.Ec-oa
C9u\S€!
,E'8. S w^--Sar{
JO rNi!€ ZOrt sE!!\Ee
c^,!rEl t {c oow^n
r^tiL€EN E roiJ?rus
tLr?^8E i v r,cE
EA^C 5 €tirrr
EEvEELY C^COT:E AWEN
MrCF^t! 5C^NCrE|-r
GEOA6€ ll MC CCFMiC'(
H^rs r E SuOFi.SOr
MTFTTA N C TCOIE
TO: Scnator Charles R. Davis
FROM: Hans I. E. Bjornson, Senatc Counsel
DATE: December 21, 1990
RE: Wetland Establishment, Restoration, and Enhancement Act
lEGrSL^t'vE
kiroduction
wrLLr^M TTEVEAM^r!
D^v,O G,EL
tI^.( L t€rM^..ich
ol€GonY c (NoPrF
EL^IN€ M L^NGE
,^rFrcxJ MC COAM^CX
Lvrlr E rEE!
Jr!i- M SCFU!-:
sErtr SrE!E\SOll
The Wetland Establishment, Restoration, and Enhancement Acr is a
comprehensivc approach to increase quanlil/ and qualiry of wellands in the
state. The act has its foundation in identiffing the localion of high priority
wetlands and areas where wetlands should be establishcd by utilizing public
valuc criteria. Thc identiEcation of priority wetlands and priority areas for
wctlands is incorporated into local walei planning and is funher implcmcnted
by local authorily for cstablshment and restoration of wetlands, county
approval of wetland presewation areas that are eligible for tax exemptions,
and soil and watcr conservation district approval of permis for alternative uses
of wedands. Thc bill encourages a cooPerativc approach between landowners
and locat authorities with the Board of Water and Soil Resources (BWSR)
providing guidancc and sctting standards for local authorities and the
iommissioncr of narural resources acting as an advocate for wetlands.
To accomplish the goals of wetland cstablishocnt, restoradon, and
prcscrvation, a substantidlmount of public funding will be required.- A
.
wctland restoration and compensation fund is esublished to provide funding
for establishment of wetlands and presewation and enhancement of existing
wctlands, as well as comPensation to private landowners for damages and
dcnied uses. Thc wettand restoration and compensation fund will receive
revcnues &oo thc proceeds of the erwironmcntal trust fund and the Minnesota
future resources fund, a surcharge on hunting and fishing licenses, and a
surchargc on watcr permits issued by the state.
Senate
State of ]Iinnesota
Thc bill prwides the poliry that the state shall identi$ and Prioritizc
thc imponancc of wcttands; ProlDotc muttiplc usc of wctlands whcnever
practical; coopensatc ownen of private wctlands when they are takcn for
public usc; pronotc Prescrvation, restoration, and csablishoent of wcrlands;
and work cooperatively with private landownen and local govenunens to
implcment this policy.
Idcntifi cation and OassiEcatioo
The commissioner of natural resources and the BWSR are required to
identi$ wctlands in the srate. BWS& in consultation with the commissioner of
natural resources, is also directed to adopt public value critcria and wetlands
classification critcria based on public value. Thc classiEcation critcria are
broken down into five classcs ranging from prescrvation with no altcrnative
uses allowed to special use wetlands that may be used in any oanaer
determined to bc appropriate by the BWSR.
Thc bill provides oechanisros and funding for increasing the quantity
and quality of wetlands in rhc sute while compensating landoqmers in a fair
way for daoagcs and losr potential uscs of wetlands.
Policv
Wctland hcscrvation Arcas
County approval of wctland Preservation areas is provided for in a
Eaurcr similar to thc Agricultural Land Preserv"ation Act. A wetland owner
may apply to the counry whcrc thc wetland is located for approval of a
*eianas presewadon area that is located in a high priority wetland zuea. If
thc counry approves thc application, thc wetland owner Errxit covenant lo
preserve thc wettand for at least eight years. Thc owncr of the wetland in a
wctland prcscwadon area is grantcd a tax excEPtion for thc wetland. The tax
excEption uDder Minncsota Statutcs, scction 27L01 subdMsion 1, is aoended
and restrictcd to wetlands Preservation areas only.
Wetlaod Rcstoratioo and Coog:osation Fund
The wetland restoradon and compcnsation fund is esubLished. Moncy
in the fund uay only be uscd for prcscwatioq enhancement' rcstoratiorL and
cstablishmcnt of wctlands and for compensatiOu to landowlers for restricted
uses and danagcs resulting froor cstablishing wctlands. The wetlands
rcstorarion and compcnsation fund rcceives revenucs from: (l) a $2 surcharge
on guroc and fish liccnscs, (2) a $25 surcharge on public waters pcrmit
applications, (3) a $10 surcharge on wcll permi- r
-and
notification fccs' (4) aa
aiirua surctrargc to public warcr supplies of $0J0 Pcr Pcrson sewed by thc -
public watcr srippty, ina (5) $15 nillion cach fucal year &oo thc Proceeds of
,,
/
The BWSR is directed to administer the wcdand restoration and
coEpensation fund. A budget plan is rcquired for allocations &om thc fund
and a priority plan must be dcveloped with thc commissioners of health'
natural rcsources, and the pollution control agcncy to identifr priority areas
where wetlands with high public valuc need to be esablished, rcstored, or
enhanccd. Public and privatc cnrities may aPPly to thc BWSR for grans and
cost-sharing to establistL restore, and enhancc wetlands. The BWSR Eust give
preference to applications that cstablish or rcstore wctlands with thc highest
public value and to asscssmens made by wctland authorities for public value
bcnefits from wetland establishment or restoration.
Wetland Establisbncnt Authority
Procedures are develoPed to provide legal authority to establish
wetlands by a wetland authority. The wetland authority is a county board,
drainage authority, or the board of managers of a watcrshcd district. The
procedure to csublish wetlands is similar' !o thc Procedure in thc drainagc
code.
Thc proccdure for cstablishing wettands is begun by a petition sigrred by
thc wetland authority or at least 100 persons residing lYithin the county or
watcrshcd district whcre thc wedand systcm is to be tocared. After rccciving a
pctition" aa order is made for a prctiminary suwey and rcPort. The
sommis5isngs of nalural resources is direaed to makc a preliminary advisory
repon on the estabtishment of thc wctlands. Thc wetland authority then
co;ducts a prcliminary hcaring on the Petition, advisory rcporr, and the
preliEinary survey. If the proccedings arc to coltinue, the wetland authoriry
."k"s * Lrder for a detailcd survey and aPPraisal of the benefis and
damages of establishjag thc wcdands systcr". Aftcr thc dctailcd survey, a final
advisiry repon &oE thc commissioncr and an appraiser's rePon arc 6lcd with
the wctland authority, and a final hcaring is held to considcr establishEent of
the weda.od systcm. All pcrsons bcncfitcd or damaged by cstablishmcnt of the
wedands sysdo arc givcn notice of the ftral hcaring. At the final hcaring,
approral by ordcr miy be given for cstablishing rhc wetlands system'
il.!*"..no are sta;ed for the 6nal approval, including written approval of
.
.ouIti.r for issuing bonds to 6nancc tht wcrlands system and written approval
from thc BWSR f6r paying for any public value bcnc6t of the wetlands system.
Tlc wctlaads sptcm'is-$Jn construited by lcning thc contract to responsible
bidden.IfthcrealcdirectprivatcbencEtsofthcwctlandssystem-for.
cxamplc, flooding reductionbn private propcrty-assessEcnr of rhe benefit
may be madc over a period of 6ve yean'
3
I
thc cnvironmental tnrst funtl and thc Minnesota future rcsources fund.
Surcharges are to condnue until Decerobcr 31' 2000.
Wetland Establishmcot and Restontion Program
I
Wetland Usc Permits
wetl.qd use pcroits arc rcquired as a Eethod of supervising thc usc of
wetlands. Excmptions &om the permit requircmcnt arc provided for werlands
cropped in six of thc last tcn ycan, _wcdands whcrc drainagc is dctcr'incd to
navC Uegun bcforc Dcccubcr 23, 1985, and ac'tivitics necessary to Prcserve
cxisting !ub[c atrd privatc drainage syster,s. Soil and watcr conservation
districi 'arc required to provide pcrmit applicants with infor6ation on other
state and fcdcral permiG that might be required for the applicant's ProPoscd
us€.
The wetland usc permits are designcd not to bc a Prcservadon mcthod
pcr se, but rather to work with the wetland classification and public value
critcria to presewc wetlands that should not bc subject to alternative uscs and
to allow alicrnative uses of wettands that have low public value. The focus of
the wetland use permits is the public value of wetlands. The landowner who
applies for a wedand use pcrmit and is denicd thc panicular usc Eoust be paid
coopensation for thc lost use if the pcrson will suffer daoages and disallowing
thc proposcd usc will cnlance the Public valuc of thc wctland. This provision
tras is 6asis in state and federal constitutions which require compensation for
privatc property acquired for public use.
Thc cnforccocnt Provisiotls of thc pcrmit system arc twofold. First, a
person who malcs an alternative usc of a wctlald without a requked Pernit
rnay not tratsfcr titlc to the ProPcrty until the soil and watcr conscryation
disfoct ccniEcs that any advcrsc effecs .of the unpermincd usc havc been
corected and thc comrni55i611g1 of natural rcsources has been paid a pcnalty
for any adversc effccs to wildlifc. Secondly, thc commissioncr of natural
resouices and conscnration of6ccrs have authority to enforce laws prescrving
and protccting wetlands. This authority includes issuing ccase and desist
ordcn to stop aDy illcgd actMry fiat advcrscly affccts a wctland.
HB:dl
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t2 / 20 /90 lRsvIsoR I xxl}|Ir 9l-0{14
A bill for .n lct
relating to urtlandst prese!vinq, aDhancino.establishing, and r"storing $etirnds; iainiifyingr'"tl.nds, rsrablirhing eerirnd public riiri-.iii.ri";dlsignaring priority .!crs to citaUl.istr end priserver.ettands; rrquiring Local u!tai plans to inciudcuetl!n6s rtth hjgh public valur; rst.blishinq Hetlandpresarvation !!?asi ruthorizing a tax cxenption-fornrtllnd preservation araas; as[ablishinq a'oeitanarestor.tion and comprnsation fund; csta6lisnino- tecsto pay tor wetland !stablishment, pr?servatj,onl andrestorationi requiring pcrnits rnd-providinq ciiteriaror tlternatlvc uscs of $etlands, !.ouirino-compensation for dcnicd us!s of rrtlinds; irovid!.n9ruthority to cstablish and r?storc vrtlandi on priiateland, rcquiring assessnenr of dirccr ucneiiti''eiap!ynent of dlnages for rstablishnent of urtlands;l"qurrin9 a rcport on slnplific!tion rnd coordinationof stat€ and federrl r,etl!nd p€!mittj,ng proceduresilnrndinE ttinn"sota St!tutes t9gO, sectio'ns 97A.{75, bylddj.ng a subdj.vision; l038.l5S; IO38.23l, subdivision-6; 1038.3I1, subdivision 6; 103G.005, subdivisions rsand l8; 103c.22t; !,03G.225, 103G.231; IO3c.235rr03G..30I. by rdding a rubdivision, 103t.208, by rddinga subdivision; tnd 2j2.02, Bubdi.vision l; prop6singcoding for nru lre in t,llnnlsora St.tut"s, ifrritcrsI03F, 103c, 115p, rnd t{a.
BE IT ENACTED BY TEE LEGISLATURE OF tCE STATE OF HINNESOTA:
IiE?LAND ESIAILI SEI{ENT, RESTORA?ION, AND ENEANCET,IENT AC?
ARTICLE:,
POLICY
Scction L ICIIATION,l
33 This aet n.v be citld as thc r i,"tl!nd es tablishro"nt,
3tl restgr!tion lnd lnhlnccnlnt act. "
35 Sec. 2. [10 3c. 2351 [POLIcy,l
tha st.te shall:
Senators Davis; uerrian, l{oe, R. D.; Renneke and Leasald intloatuced__
S. F. No. 3 Referred to the Conunittee on Environment anat N.turaLResgurces
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72/20/90 IREVTSOR ) XXlr{R 9]-0{14
(l) identify rnd Drioriti!e the i mDo rtance of Hetlands in
the statri
(2) pre49!9 Elultip1c use of r,etlands t,he!ever practical;
(3) conpensate onncrs of private Hetlands erhere they are
protected for public usr i
1]!) p!qmo!! p!!E!!vation, restolation, lnd rstablishnent of
eretlands for rratr r ualit r{i ldli f e habitat, floodlrater
!ctrnt ion and lGcrcational uses and
( 5 ) ltork cooD"rativalv n=ithjrivrte llndouners .nd Iocal
q overrunents to i lenent the Dolicv of lhis section.MD
ANTICLE 2
. HETLAND IDENTIFICATION, PRIORITIZATION, AND PLANNING
Slction 1. llinnlsota Strtutes 1990, 3ection 103B.155, is
amendrd to rr!d l
1038.155 ISTATE IIATER AND RELATED T.AND RESOURCE PLAN.]
The connis3ioner of nalural rgsoulccs. in cooperation t,ith
other stltc and fcdcrrl agcncics. rlgional developrent
connj,ssions, lhe Dllropolitan council, local governnental units,
eDd citizens, Bhall prepare e statlHid! frameeork and assrssnenr
,ater and rallted lalld rl8ources plan for presentation to the
legisl.ture by NoveEber 15. 1975, for its revicr, and approeal o!
disapploval. this plan Eust reLtc clch of th" plogrlms of the
departnent of natusal rrsources for Bpecific aspects of uater
aEnagetuent to tha othlrs. ?h! Strtcrid! plan Eust includr:
(ll srgulltion of iDprovlalnls lnd hnal dlvclopornt by
rbutting llndonnars of thc b!ds, banks, lnd 3horcs of l!k!s,
strclas. eltarcourars, rnd aa!sh!3 by PlrDit or othrreis! to
prlsrrva thao lor blncficilI u3?,
l2l rrgul!tlon of constructioo of lDproernrnts on and
prlvrntion of ancroachnrnts in tha flood phins of the rivcrs,
strraDs, lakrs, rnd Earghas of thc rtrtlj
(3) lccleutlon or lilling of r.t .nd ov.lfloe.d 1.nd5;
(a) rGp!i!, iDproveornt, rclocation' Dodification or
consolidation in rhole or in plrt of prleiously astrblishld
public dr!in.ge ryst!86 rrithin thr Etrtr;
(5) p!!i!!v!t1on of r,atllnd araasi
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),2/20/90
1 (5) !.n.g!nrnt
2 r,lter ra3ourcG6 i
3 l7l contlol of
{ (8} control, or
5 (9) rltcration
6 rat!rs, nleigat ion,
7 (10) divct3ion
8 par t;
IRSVISOR I XXlXt t l-o 41{
o! gane and f .igh regoulcls !s rrlatli to
u!t!r e"GdB i
rllcvirtion of drnrges by flood rltcrs;
of atrlatn channals for convlyancr of su!!rce
and rny othr! publie purposes,
or changing of tatercourles in rrhol,a or in
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(11, rrgulstion of th. fr.or of strGAEs .nd con3?rv.tion of
thcir uatcrs;
(12) rrguktion of lak. e.tGr l!v"!.s,
(13l arintlnrnca of rltGr supply for Duniciprl. don"stic,
indu3t!ill. rccr..lionrl, tgrlculturll, a.sthrtic, rildlIfa,
fish.ry, or othcr public us?,
(14) 3rnit.tion anal public hlalth lnd rrguLation of ules of
slraans. ditchca. or uatrlcour3as tb dirpo3! of rrr3ta lnd
naintain tratcr gurl I ty t
(1,5) prevantiva or rancdlrl Dlasur?s to contto!, or
all"viate llnd .nd roil !rosion lnd silt.tion o! rff!ctrd
rratlrcourg€s or bodirs of eatlrt lnd
(16) ragulltion ol uscs of rrate! surflccsi and
(17) !d.nti!ic!tion of hi qh Dr ior i ty rrcas foruatland
Dreserv!tion, rs tabl l shnrnt lnd rasto!ation.
S.c. 2. tlinnrsotr Strtutca 1990. t.ction 103B.23f,
3ubdivi3lon 6, it rn.ndaA to rlrdr
Subil. 6. ICOMENIS.I (r) Ih. pl.n 3h.11:
(1, dcaclib. th. .r13tin9 physicrl ?nvj.rou.nt, l.nd us!,
and devalolntnt in thc aral and lhr 2nvirono"nt, lttrd urr. rnd
d"vrlopacnt propoaid ln a:isttng locrl rnd !.tropolit.n
conprchcn3lva plan3 t
(21 pr.3!nt lntosD.tlon on th. hydroloEtc aytt.D rnd lts
conponants. lncludlng drtintgr ryitlns plevioutly conttructad
unaler chaptcr :,03E, .nd .:irtlng lnd po!"ntlrl probl!n3 rclrt.d
ther !to;
(3) 3t!te objcctiecJ rnd trcllci13, j.ncludlng E n.9rn!nt
priacipl.s' altcrnrtie.! rnal lodific.tions, slt.r qu.llty. rnat
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t2 /20/eo InEVISOR I xxl R gL-oill{
protactlon ol naturrl charactcr istica;
(l) trt follh ! ErnagrnGnt pl.n, including thr hydrologic
lnd erter qurllty condition3 thlt uill be sought lnal Blgnificant
oPPortunitia3 for taProvrnlnt i
(5) d.scrlbc lhc lffcct o! thc plan on eristing dreinlge
systaE3 i
(6)i dcnt,i. f Y hi.q rio!it ar!rs for uetland prasr r v atronhp
rstablishmcnt, rnd rcstor!tion !nd drscribe rn conflicts !,ith
eet).!nds and llnd usc in th"sr areas
11[ atcicrlb. conllicts b"tus.n the eatcrshcd pl.n .nd
existing pla'l3 ol locr] govcrnlrant units;
t?, (81 tat lorth !n inplcEcntetion proglao consi3t.nt rith
the Dlnag"nrnt plrn, uhich includ"s r clpitll inprovanent
progran lnd 3trndards tnd schcdulcs for anending tha
conprehansivr pl,rns and oflicial controls of local govlrnnln!
units in thc urtar3b"d to bring lbout confornanc" sith thG
Hetershed pl.n; lnal
tEl !L[ rrt out. proc.dura for eacnding th! plrn.
(b) ?h. bolrd rhrll .dopt rul.s to "strblish 3t.ndrrdB rnd
requirements for lmrndmcnts to eatarslted pl!ns. The rulCs nusr
include:
(l) p.rforErncc stlnd.lds for thc urt"rshcd pl.ns. uhich
Eay distinguiah bctelan pl,lns for urban areas lnd ssrtl arras;
(2) DiniDun rcquirancnts for tha contrnt of ertrr3had plans
.nd phn aErnd!3ntr, including public plrticip.t.i.on psoc.r3
slquiraDant! lor lnandornt and iapkEcotrtion of ultar3had
plrns;
l3) rtrnd.rd3 to! thr con!.nt of catritrl lEplovcornt
progrro3 to lapl.o.nt trrsh.d P1rn3, including r ragutrrnrnt
thrt clpit.l laprovroGnt ProgrrB3 lalcnlify ttsuctural rnd
non3tructural altarnatlvlr thrt flould lr33an crPilal,
crpanditurati anat
(l) hoe rrtGrrhld plrn3.r. to 3pGcil!, thr n.tur. of thc
offici.l controlr s.guis.d to bc.dopt.d by thc locrl units o!
govllnEant, lacludlng unlfosn alosion control, storal,ltlr
rrtantion, and vatland plotaction ordinlnccs in thr aatropolitrn
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traa.
S.c. 3. linnlaot. St!tutls 1990. i.crion lO38.3ll,
lubdlviEion 6, ls aElndad to rr!d:
Subd. 5. [SCOPE OF PLANS. t Co8pr.h.nsiv! l,rt.r pltn3 nust
lnclud::
(l) . dcscription of thc .risting lnd .rpected chrngrs to
phy3lcal lnvlronncnt, land u3e, rnd devll,otnlnt in tha county,
(21 rv!lltble lnfora!tion .bout tha 3ur!.ce ettar.
gtoundeatrr, and lclatcd l.nat rasoutcas in th! county. lncluding
lri3ting rnd potlntial distribution, rvail.biLity, qu.llty, rnd
u3? i
(31 obj"ctiv"s for futur! drvllopncnt, u3e. and
conr"rvltioo of urtrr lnd .rrlatad lrnd !G3ource3, inc:.udlnE
objrctie"s thlt conc"rn ir!t!! qu.lity and quantity. lnd
acnsitj.vc rlcrs, ir"llhrrd protlction erees, hlqh Drio!it y eleas
for !r! t land prrserv!tion . !stablishrn!nt,and rcstorrti,on, !nd
talatrd lrnd ura conditions, lnd ! drscription of action3 th!t
uiLl ba tlkrn in rffectad r[t?rsh"ds or groundiratar 3ystans to
lchiavr th€ objlctivas,
('l) ! drscription of potlntial changcs in itlta programs,
policias, and tcquirGnents considerrd inport.nt by th" county to
nanlglnrnt of sat€r rasourc?s in thc county,
(5) I dascription of conflict3 brtreen thG conplrhansive
retar pltn tnd ari3tj.ng plans of othar locrl unita of
90et!nltnt;
(6r a drscription ol po33ibl! confl,ict3 bGtrraan thr
co&prahan3iv" eater plrn lnd ari3tlng or proposed co[prGhansive
vltar planr of other countics ln th" rff"ctad Hlt:s3hld unit3 or
groundertrr ryrtals,
(71 r plogrrE lor lBlrleDentltion of thG plrn thtt it
contirtant vlth tha plan'3 rlanlglacnt objlctivG3 and tncludrs
achrduh3 lor aDrnding officirl contsolr.nd rfltrs rnd ra],rt.d
llnd !"3ourcr3 pllnr of local unita ol governnlnt to contorn
rllh thr conprchrnaive ertc! plen. rnal th! 3ch"alub. conponents,
and trpactad 3t!ta and loc.l corts of rny projactt to lnplanent
th! conprlhlnsiv. r.tar pl.n that E y bc prolroilal, rlthough thig
IREVISOR I XxlMI 91.-O{ t{
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l2 / 20,/9 0 IREVTSOR I XXIHR 9l-0 414
do.s not E.!a th.t projccts ar! required by this slction; rnd
(E) r plocedura for rnanding the conplrhrns.iv! rltGr plan.
S.c. .. [103G.2353I I I{ETLAND IDENTIFICATION AND
CLASSIFICATION. 1
Subdivi,sion I.I IDENTIFICATION. ] (!) the cotrullission.r ot
nltural rrsourccs and the bolrd of rrater lnd soil rlsoulc"s
3hall idantify th! rratlands in thr stat!. Tha nctlands nust be
id.ntifi!0 !y Elppin9 and diEital.iz.tion and bc !v.illbl! to the
pu blic on ! county basis.
Ib) !!! !9!4ri3sionc! of natural r.soulces shllI filr eith
lhc rrcordcr of aach countv and publish in a nenspaper of
cnrr!1 circulrtion in lach county a E D shoeina th" loc.tion of
eatlands in the countv !ha! alc not includrd on thc public
satrrs invcntory.
subd.2 IEFFECI OF TETLAND DESIGNATION,I The d.siEnation
of !r!t!rs of this state rs urtlands undcr subdivision I:
(I) dors not qrant the public rddition!1 or q!crt€r riqhr
of access to the ertlands,
(?) d995 not dininish the right of orrn"lship or usage of
thr b!ds unde!1yj,nq thr d!siqn!t!d e!tl!nds, Gxcap: as other',ise
rovided b fa!,
(3) docs not !ffect state 1ae forbiddlng trrsp!ss on
pr ivate lands ; !nd
('l) do"s not rrqu ira the conrnissioner to rcqui!a lcccss to
thc dasiqnatad rrctl!nds under s"ction 97A.!,{1.
Subd. 3. [PRoPER?v OTNER'S usE oF HETLANDS.! lgE
oroDlltv oenrr Dav usc thc bed of e"tllnds for Dlsture or
croplend durinq gcri ods of drouqht if :
all dlt!s, ditchrs, ti1" Iinls, o ! bui.ldina s ar" not
con3t ructcd; and
l2l tha roriculturrl u3? docs not tasult in th! drlinr ar of
the ertllnds,
(b) A landosnar Bly fill a eltlrnd to lcconrnodlt! Hhaalrd
bootis on irriq .tion drvicas if th! fill do"s not inDeda ngltna I
dr. inrqr.
Subd. a. IPUBLIC VALUE. ](!) Thc bolrd of ertc! lnd toil
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resou!c?s in consultation u ith the cornrn issionar of natu!.t
r?sou!c!s,3ha l1 .dopt rul."s lstrb li,shin c r .i. te ria to d?t! !tni ne
the gublic v!]u? of ertlands. th! criteli a nust corl3id"r the
Dub lic bcncf i t lnd usa of th" eatlands and includt:
(r)cr itcr i! to datrrnl nc the benrfits of w!t la nds to lrate!
quali. t y, i ncludi nE lil tarinq of Dollu ta nts to Burfrca and
q rounde at!!,ut.i,liz!tion of nutrients that r,o uld othc rei se
pollutc publ !c r!ters, tr!inq o f sldiments,lnd utili2.tion
tha eetltnd !s r r achrr a t re!for groundlra t! !
2 cri trr i! to det C rrdin! th! benc f i ts of r.c t land for
fLood{! ta r !c t!nt ion ,incLudinc the Potrnti.I for floodin q rn
the Hatrrsh"d,thr ellur of Dro9"! t subirct to flood i n the
r€duction in Dotcn t i .l f loodi nq by the ee tland,
(3)cr i trria to dltarnin e the brnefits o f i,atlands for
DU blic r"cre!tion,includinq ei ldl i fe habi tlt ,hunt ino rnd
fishinq arcas,wi ldl i fr br."di nq areas. niI dlifc vi"einq a!eas.
aestheticall,y eth !nc"d ar"as,and natur! arras;
(a) critcria to d?tarminr thc banrf i t s of e?tllnds fo!
conn!!cial, usls,includinq uild !icr qlouino and harvastinq, and
rquiculturr i rnd
(5)critr!i,! to d?tarminc the ben?fits of uetllnds fo!
othrr public brn"! i t lnd us"s.
(b)?h? cri tr! ia aBtablished under this subdivision rnusr be
usad to d?terninr tha Dublic valu! o f rratlsnds in tha stet€.
Thr comni,3sionrr of R!tural rasourcrs in consul,tation rith the
board of vat?! and 3011 rrsour c?s,shall llro u3a thr crit"ria
l.n id.nt i fvi nq !!q.i of th! ltatr uhrr? Dr?servrtion,
rrstoretion,rnd a3trbll3hn?nt ol e!tl.nds eoul d hrva h iqh
Dublic vrlue.thr connirsionr! 3ha1l notify loc!I units of
rruIlcnt uith rr!t"r nnln ruthor i t of thlsr hi h !iori.t
tr?as.
Subd.5.I CLASSIFTCATTON OP wETLANDS. I e Thr bolrd of
uater lnd Soil r!3ou rces 1n consultstion r,i th h conm I slonel
of naturrl ra3ourcls, rh!]1 tdoDt critrria by rul,a to cllssif
eatlrnds .ccordinq to rllolrad us"s of tha urtland. The
7
cl,! s s i, f ications r!c:
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12/20/90 IREVTSOR ] Xxlr1i 9l-0{14
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(1) class A: prrservation - no altlrnativr uscs allorrrd;
(2) clasa B: preservatlon - al,t!!n!tiur us"s !l,1or.rcd i
(31 clrgs Cr rltr!native us!s !Iloeed;
({) cllss D: raDlaccnent or othe! nitj,q!tion alloead; and
(5) class E: special usr setLand.
Clrsscs A throuqh D cl,assifv rretlands .ccordinq to thlir
ralativc public vrlue. r,ith class A urtlands h!vi,no the hiqhrs!
public valu! and class D the lor"st.
(b) Clrss A eltllnds ala to be preslrvcd lnd !lt!rn!ti.ve
usls ara not alloecd. Clrss A r.retl.nds incLude crlc!rrous f€ns.
(c, Class B ertlands nust be substlntill1v p!!s!!vcd ln
thcir grascnt Location but alternltiee uses that do not
prlnanrntLv chanqa the charlctr! of the uctLrnds are rl,lor,rld,
(d) AItlrnativc uses of class C uctlands ara alloeed,
crclpt uscs that dlstrov the e€tland,
(a) Clrss D rr"tlands nav b" p"rnanrntlv !lt"rcd or
dcstlovad if icplaced bv rretlands of aoual or orretrr value o!
othc! nitiqrtion Is prov id!d.
(f) Cl,!3s E eatlands nav bc used, !ltcrcd, rcplacrd, or
othrreisc nitiq.ted in lnv tn.nnlr thr! i.s approved bv the board
of eltcr rnd soil rcsourcas.
Subd. 5. IRULETOXING.I ln .doptinq th" rulrs r.ouirld
undr! lubdivisioBs a lnd 5, the contnissionc! of nlturll
rasou!cas 3h.11 conplv eith subd.ivision l, p.r!qrlph (b), bc!ore
Dublishinq thc psopos"d rslas in the Strta ncqi3tcr undcr
chrpt"r la.
TRTICLE 3
,EALAND PN,ESENVATION AiEAS
S.ctlon l. ll03r.6f12l I TE1LAND PnESERVAIION AnEAS.l
subd i v l. i on l. . I APPL IcA?IoN. I l!]_Ugllgglglgl
applv to thc countv ehcrc r eltllnd i3 locat"d for rpDloval, of a
eatflnd pr"rrrvttlon lrc! in a hiqh Drioritv ectland a!c!
da3ionrtcd by tha bolrd of e!t!r rnd 3oil rlsourcls. Th!
lpplicltion aust ba E!d" on forns providcd bv tha board. If a
rrctl,lnd 13 locltcd in aolr than onc county, thc appLicatlon nust
be submittcd to thc countv uhcr! the n!ioritv of tha lrnd 13
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t2 /20 /90 I REVISOR ] XX,/r,n 9t-Oilt {
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located.
.infornation and othlr tnformtlon the board of soil and rlter
rrsourccs raqui ras:
nust includa.n upLrnd strlp at lrast 16-1,,/2 fa"t i,n {idth
around tha Drrimatlr of r?ttrnds rrithin the lrea;
countv luditor:
(3) nanc rnd lddrass of tha oi'n!!,
(a) ! ei,tnrsicd riqnrturc o! the ounar covlnantino thrt the
l.nd wil,l b" prrsrrvld rs ! elthnd rnd ,ill onlv ba u3!d i,n
accordanc" irith conditlons Drlscribed bv tha bolrd of e!t?! and
soil !esourc"s; and
(51 r st!t"nrnt th!t th" r"strictiv! covanant eill, be
bindina on tha ownrr or th? o{ner,3.rucc?ssor or assiqnae, lnd
rrill run uith th. llnd,
(cl Fo! rcoistcrad proDrrtv. th" oenrr shlll submit the
owner's duplicatG crrtif iclllof titlr rlonq eith the
lppl ic! t i on .
Subd. 2. IBEVIE'I{ AND NOTICE.I (!} Upon rrcript of tn
applicltion. th" countv thaIl dlternin" if !Il nrtarl!l r"quired
by subdivision t h!3 b"en 3ubnittrd lnd, if 30, shlll d.t.rninr
that thr aDDlicltion ia coEpl"ta. Th! t"rh .datr of tpDlication"
lrans tha data thr aDpl,icltion i3 drtarEincd to br conpl"tc bv
tha countv. Tha countv ahtll tlnd r copv of tha lppllcltion to
th! countv la3"ssor, th? raqlonrl devaloqlrnt conmitston, uha!?
apBlicabl!. tha board ol rttcr and Soil rr3ourcls, and tha 3oil,
.nd rltCr cons.rvatlon dt.rtrict ehrrr th" :..nd l. loctt"d. Th.
soil rnd ultcr con3"rvation district rhrll preDlr" rn advi3orv
stat"m"nt o! !:lrttnq rnd Dotrnti!l pr"sarvrtion p!ob:,rns or
conflict3 and land thc rtatGnlnt to tha oirnrr of secord and to
th" conmiasion?r.
Subd. l. InECORDING.I llithin five drvs of th" d.re of
!ppl,icrtion, tha countv 3hrll lorerrd thc lpplication to tha
couptv racordlr, slth th" oenar's dupliclta cartifictta of titl"
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L2 /20 / 9o IREVTSOR I Xxllrn 91-0{t 4
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in tha case of reqistrrad propertv. The countv lecorder 3hall
r"cord thc rrstrictivr coecnant and raturn it to the aDDlicant.
Jn thr c!s! of rlqist!rad proDertv, the r"cordrr shaLl,
nrnori,tLira thc rastricrir____re covenant uDon th! certifi,catr of
tirlc .nd th. oencr.s duplicltr certificrt" of ti.tlc. Th!
rlcorder shal1 notifv thc countv th.t the covanant has b?en
rccordad or Ecnor ia L i, zrd.
Subd. a. I CO|{II.ENCEI{ENT OF t{tf,LAND PRESERVATION eree.l I!!
ectl,and i3 a e"tllnd Draselvation r!!! conricncinq 30 dlvs from
thr dlra tha countv detarninls thG lpplicati,on is comglctr under
3ubdivision l.
Subd, 5, IFEE.l The countv orrv raquire !n applicltion f.e,
not to lxcc"d S50.
Subd. 6. [ttAPS.l The board of erte! and 3oj.1 r"sources
sh!ll Eaintrin ectlrnd Drcaervation !ra! [llps illustratino Land
cov€nanted as tratlrnd prlsrrvation !raas.
SCC. 2. ITO3F.5],I3} [DUN.A?ION OF WETLAND PRESERVATION
AIEA. I
Subdivision l. IGENERAL.I A ert]!nd pr"scrv!tion !rca
continues in axistence until either th! ouner or thr countv
inltiatrs cxpirltion !s provid€d in this g"ction. Thc dltc of
"xpiration bv thG oun!! or thG countv nust bG rt lelst riqht
yaars frop th" drta of noticc undrr this saction.
Subat. 2. I?ERIUNATION By OINER.I Thr oenr! o.v initilt.
rrgirrtion of a urtllnd prasa!vation r!c! bv notifvinq thc
countv on I forlr DrrDarad bv thc conni3sioner and rrde avail.blc
in aach countv. ?h" noticG Eust dascriba th! ploDartv involved
and nu3t 3UtG tha datr of lrpirrtion. Th! notica aav ba
rascindad by thr oenGr durino tha first teo vaar3 folloelno
notic!.
subd, 3. I TEnXI NAttON By COUNty.l th. countv a.v inirl.r.
arpiratlon of thr r,"tlrnd Drascruation arar bv notifyine th"
oenlr bv raoi3tarld Elil on a forn ploeidad bv tha connissioncr,
providad that baforr notification thr Eountv dat!rninas th?
ert]rna! prr3arvrtion r!Ga no lonqcr has hlah public vrlu".
Subd. a. INOIICE AND nECORDING; tERr,lINAtION. I !q_!.&
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county receives not i ce under subdi vi s ion 2 or servls not i. ce
under subdivi s i on 3,the count y shalL f orlrard the ori inal
notice to th! coun ty lecglder for recgrdinc rn d shall nor i fy the
llgional dcv elopment comtnis on, rrh ele aDD 1icab1e,the board of
rrater and soit re souEces,and tha count roil and r,ate !v
congrrvat ion district of th"date of €xpi rr t ion .The benefits
and l. ini ta t ion s of the rretLand D r?selvation a rea and the
restrictivr covenant filed U ith th! eDDlicr tion clase on the
trof?i rat ion. For ist"red rt the coun tr
recorder shall cancel tha rest rictiv!covenant uDo n the
certifica te of ti tle and the own e! 's dupl ic! te cert i fica te of
title on the rfflctiv! date o f th! cxDi rat ion.
Subd, 5, IEARLY EXPIMTION, t A L,etbnd Dres"rv ation rrea
may be te rn inated ear lier than as Drov ided i n this section onlv
in th! euent of a publ rc en"rEency uDo n Detiti on fron the owne r
or county to th eq ovlrnor.The aletlrni n.tion of r Dubt i c
ene!enc nust be nade b the e!no! throu h ax€cutive orde r
unde! section il.035 and chaptar 12.Th€ cx"cu t ie e orde! must
ident i fy the uetland Dre servation rrea the reasons re .l utrln a
the.ction and the dat" o! "xDiration,
slc. 3. [103F,611{] [EllINENT DOI{AIN ACTIONS.I
Subdivision 1.[APPLICAaILITL ] An lqenc y of thr state, a
II
public ben!fit corDoratj,on, a loca1 qove!nnent. or rnv other
entitv with the polrer of c,ri,nrnt doma.in under chapt?r ll?,
ercept a public utili,tv .s drfinld in section 2158.02, a
nunj.ciDll ll,ectric or qas utilitv. ! nuniciD.l poe!r .qlncv, a
coop!ratiuc alectric essocirtion orqlniz!d undcr chaotrr 308A,
o! ! piDalin! oDcrltino under th? autho!itv o! th! Nltulal cas
Act. Uni.t.d Statas Code, titl. 15. Bactions ?t7 to ?172, shaII
folloe th! p!oceiluras in thiB tlction brfor!:
(ll acduitina ltnd or !n lasancnt in lend eith ! tottl !!ea
ov?! tcn lcrrs eithi,n ! uctlrnd Dr"3r!v!tion !rla; or
(2) !dv!ncj.no ! 'qrant, loln, intcrast subsidv. or other
funds for the con3truction of dlrellinos, corunercial or
industrial flcilItics, or rrtrr o! sct r! flcilltias th!t couLd
b! used to rlrve structur2s ln arcar that arc not for
t2 / 2o /90
aqr icultural usq that raquirc rn a cquilition of land or rn
cls?m€nt in a wetland Dres€rvation !!aa.
Subd.2 INCI|IICE Of INTENT.I !t llasr 50 davs befole .n
rction drscrib.d io subdivi.sion I notica of lntent nust be
fi Ird eith th. anvironnrntal qu.l.ity bo.rd containinq
infolnrti,on lnd in th! nanner lnd forn r equiled by the
env j, ronmcntal, qualit y board. thc notice of intrnt nust contain
! r?Port'iustlfvi ns thr DroDosad rction, incl,udin q an evaluation
of !1tcrn!t ivcs thlt eould rlot r f lact Llnd eithin a r,et land
9!!5!!9at iOn !rea.
Subd.3 I RE'trIEl{ AND ORDER.I fhr !nvi.rooftrntal qualitv
boa rd,i,n consultrtion uith rffcct!d local q ovrrnntnts, shrl,I
ravi"e thc Dro sed lct i on to dctlrmina lts €ffrct on thr
Pr!sarva t ion !nd "n hancemrnt of i'rtlands lnd the relationship to
local lnd raq ional con p!ehcnsiva D1ans.lf the envi ronnen ta I
qu.I i ty bo.rd fj.nds that thc DroDosld lction ni qht hav€ an
qlrlasonlbl! cffact on r l,atLtnd Dr lscrvation alea, thr
cnvi ronn"nta l ual ity board shalL lr3ua an ordrr rithin the
60-day p.riod under subdivision 2 for tha Daltv to refrain froir
the DroDos?d act i on lor !n additionrl 50 days.
Subd. {. IPUBLIC BEAnING. )Du! i nc th r ldd i t ional 50 days,
th! cnvironnlntll gual,ity bo.rd shlll hold !Dublic hea! inq
conc!rninq the roposed action at ! glrcc rrithin the affected
r!tland Dr rsrrv!tlon rrca or arsily r cccssiblc to the eetlrnd
9r€scrv!tion rrat.Noti.cc of th" hrlrinq aust be publiEhrd in !
naHsplDrr hAvinq A Ocnclal Cir culltion eithin the !rea.
Individual erlttcn notice bust bc Elvrn to thc ]oc!l qovcrnmlnts
elth iuriadiction ov !r tha ertlrnd prasarvrtion !rra, thc
aQtncv, cotDo!ltlon or a ovcrnnlnt DroDoslnq to taka tha lction,
tha oencr of lrnd ln th!i,!t land D!arlrurtion r!aa and I
Dubl ic rorncv hrvin o thc DOU'! o! rcvi,ca or lDDloval of th"
tction.
Subd. 5. IJOINT REtrIEt{.1 lha raviae Drocass rcquirrd !,n
this rcction E!be conduct"d oiotl I th anv otherI
rnvironlllntal inDa ct r€vi"e bv tha anvironnantal quality bo!rd.
IsusPENsroN oF AcTroN. )
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IREVISOR I XXIHR 91-O 4l {
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borld nav susDend an lninent dooain ection for uD to one vear if
it alGt"rBincs that th! lction ls contrarv to L,ltland
prese!vltion and that there rr! flasiblr lnd prudent
llt"rnatiu"F that lnrlv haee a llss n"oativ" inDect on the r.etland
preservation area.
Subd. 7. ITERIIINATION OF TIEILAND PRESERVATTON eeeA.l I!9
benefits and linit!tions of a ultllnd Dreslrvation !rea,
includinq the restrictive covlnant for th! Dortion of the
rrltllnd preservation rr€a trken, ands on th€ data thr finaL
certificate is filed r,ith the rdninlstrator of atistrict court
under sect i.on 117.205.
Subd. 8. IACTION BY ATTORNEy GENERA!.1 the environnenta].
qualitv boeld nav reoulst the attornev q"neral to brinq an
action tg !nioin an eqrncv, corrroration o! qovarnm€nt flom
eioLatino this section.
Subd. 9. [EXCEPTION. ] This sertion alo"s not .pp1v to an
anc!qencv Droiect thrt is imledi!te1v n"cessarv for thr
Drotrction of life and property.
Sec. 4. [103F.61151 [LIIIITAIION ON CERTAIN PUBLIC
PROJEC?S. I
Subdivision l. IPROJECTS AND ASSESSI'IENTS PROTIIBITED;
EXCEPTION.I Notwi,thstandina lnv other lrrr, constructj,on proiects
for Dublic alnitarv sltJer svstrns, DubLic iratlr svsterns, and neu
public dr!inaqe svstens ar" prohibitrd in Eetlrnd.prrscrvation
lrras. Ncrt connrctions brtt?!n land or buildinqs in a rrctland
prlservation rr:a snal Dublic Droiccts rrc Dlohibitcd. Lsnd in a
eatlend prescreltion lrra nav not bc lssas3ad for Dublic
proiccts built in th" vlcinitv ol thr eatlsnd pr"servation area.
Subd. 2. [ExCEPttON; o0tNER OPtlON.l Subdivision I do.s not
rDDlv to Dublic Droilct3 if thc onncr of tha tlrtllnd
Dr"srrvltion rr!! clGctt to u3c lnd blnQfit lroo I oublic
proiact.
Sec, 5. [!03F.6r15]. ISOIL CONSERVA?IoN PRAc?IcEs.l
An orner of ! eatland prrservation rrc! shall lrllnlqr the
arGa lnd gurroundino uDlanal ar?!s ttith 3ound 5oi1 conservation
Drlcticcs that prGvlnt axcrs3iva soil loss acco!dinq to the
t2/20/eo IREVtSOR ] XX,/r,tR 91-0 { 1{
Eodel ordinance adoDted by thr comn isslone r of aq!iculture. The
nodel oldinanc€ and soil loss provisions under sections 103F.{01
ra 10 3F. {55 !alatinE to soil loss apply to all upland areas
r. j, thi n a eetl!nd p reservation a!Ga and to sur!oundinq uDl,and
a!eas, A soUqC soil conservation prac!ice p!eyeL!9 excessive
soil loss o! rlduc?s soil loss to th" Eost prrcticabl! extent.
sec. 5. ttinnesota statutGs 1990, section 272.02,
Eubdi,v.ision 1,, is lDrndld to r!!d3
Subdi.vision l. All prop"rty d.scrib.d in this 3lction to
the lxtent harein liBitcd shall bc araDpt flon tantion:
(l) ell public burying grounds,
(2) all public schoolhouscst
(3).ll public hospi tals;
({} all .cad.nies, col1.9es, lnd unierrsitj.!s, lnd all
seninarias of Learnj. ng t
(5) rll churches, church propcrty, lnd houses of porship;
(5) inslitutions of purrly public charity ercept parcels of
prope!ty coDtaining structuras and the slructules described i,n
Eection 273.13, 3ubdivisi.on 25, prr.graph (c), clauses (f), (2),
lnd (3), or paragraph (d);
(?) a1I public property .rclusiv.ly used for .ny publj.c
PurPose;
(8) arc"pt for thr tarable pcrsonal ptoperty enunerated
belon,.l,l p.r3one1 propcrty lnd thc ploprrty described in
Elction 272.03, aubdivi3ion l, par.graphs (c) lnd (tl), Ehall be
CrlDPt.
th. lolloulng p.r3onrl propcrty thrll br tlrlblcl
(.) pcr3onll propcrty rhich ia plrt of rn rL"ctric
9!n.rrtin9, trrn3ai3tion, or dlstsibution ay3t.E or . piPeline
systco trrn3lrorting or distrlbuting $!trr. 9e3, crudc oi1, or
pctrol.un products or !!in3 rnd pip.s usGd ln thr alirtribution
o! stran o! hot or chillrd eltrr for hleting os co;ling
buildings tnd structu!!3;
(b) rlllload docks lnd irhrrvcs t{hich ara Part of th!
oprrlting ProPerty of r sailload coEP.ny as drfincd it! 3action
270.80;
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(c) personaL ploplrty d"fined in section 272.03,
subdiviiioE 2, clruse (3),
(d) laaslhoLd or other personel prope!ty Int"rcsts uhich
lre taxeal pursuant to 3ection 272,01. 3ubdj.vi sion 2i 2j3.124.
subalivision 7, ot 273.L9, subdivlsion 1; or any other 1r!,
providing tha propcrty iB texlbl! !g lt lhe lcsslr or u3c! Hlre
th! fle oener i
(r) alnufrctured hones end rection!l itructuras; lnd
(f) flight proterty !s dlfincd in 3rction 270.07L.
(9) Personal property uslal priDarily for th! sbltcnent rnd
control of ai!, rat?r, o! land pollution to tha rrtent thst it
la so used, lnd r!al. propelty phich iB ured prinarj,ly for
lb.tanrnt rnd control of air, eater, or land pollution rs part
of an lgricultural operltion or tB part of an al,rctric
generation systen. For purposas of this clause, pelsonal
propcrty includes pondlrous nlchin"ry and rqulpnent usld in s
business or production activity that rt coBrnon l!r, lB considered
rral prope! ty.
Any taxpayer raqulstinq rrcnption of lll or a portion of
any .quigtrent or devica. o! plrt th.rrof, operrtcd priruril.i for
the control or abrtrnrnt of !ir or Irtar Pollution shall file !n
lpplicrtion t ith tha coDriseioDar of rav?nue' fhc "quiPnlnt or
drvice shatl nlet strndards, rulr8, or critcria Prrscribrd by
tha llinnesota pollution contlol rgancy. lnd Dust ba installed o!
opcrrted in lccordrnce oith r Pcrnit or otdGr i3su"d by that
agancy. the tiinna3ot! Pollution conlrol .g"ncy 3hr1l uPon
r"quest of th" conaisslonlr furni3h lnforDrtlon or advlc" to the
co lirrion.r. on d.trsEining that ProPGlty qullilics tor
Grrnption' tha conai3siontr 3hall itsua an ordar atrnpting the
proprrty lroD tlrltion. Thr lqulFrnt or dlvicr thsll continue
to b" lrlDpt froo tultion a3 long lt the PCrnit ls3uld by thc
tlinnasote po!,lution conlsol rglncy !ra!lns in rlfcct.
(101 f.tlrnds. For PurPoscs of this iubdivition,
'r'!tllnds" E!!ns tI' land dale"ibcd-ia-tcetaoi-}036"095,
3Ebdiri!ioa-187-ot-tlt-lane-rhieh-i3-rcatly-qadr!-r!t!!7
E!oar'err-lit!tG-if -aat-incoacr-!id-hr!-ic-Era-arccPt-ac!
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t2/20/90 IREVTSOR ] XXlr{R 91-04L4
L rildlif!-os-ra!r!-con!arvr!iotr-pnlPo!c!7-plotidcd-it-i!
2 tr! c! c !ycd-in-i tr-tr! t! ral-condit iolr-atrd-d !a i aag r -o! - i t-roE ld -bc
3 t.gal?-f c!!iblc?-!ia-rccicaie!+*t-p!aetierl-f o!-thc-prodEction
4 o€-ii"catoelaz-dai!r-aniBclsT-poBltrtr-f !!it7-rrgctrblasT-f o!a9e
5 .nd -9!!in! 7-!rcept -ri 1d- ! ie s' --rHat laads ! -!ha1:-iic Iud? -!eja ec nt
5 iaid-rhi ch-i!-iot-rri t!b+c- for -a9ai eE ltE "r*-p! rPo!c s -du€ - to- thc
1p r€srrcc-of-thc-rctlaad! in a eetland preservation area unde!
8 sections I to 5.'tlctlands" shall not include uoody suanps
containing shrubs or trlrs, ect D!!dor.rs, neand!rrd rrat!r,
streeEs, rivrrs, aDd fJ,oodplains or river bottoBs. ExeBption of
Hetlands lron tarati,on pursurnt to this section shall not grant
the public lny ralditional o! great€r rlght of lccess to thr
wetlands o! dioinish any right o! ounar3hj,p to the Hetlaods.
(Il) Natlve prairi€. Ihe coEEissioner of the depa!tment of
natural resoulccs 3hrll drterBine llnds in the 3tat! uhich are
nat j,ve prairic and shall notify ttr! county lss€sso! of eech
county in rhi,ch the lrnds arr locrtld. Plsturr land used for
livestock grazing purposes shaIl not be considr!rd native
prairie for the purposrs of thia clluse. Upon rlceipt of an
lpplication for thr lruption grovided in this clruse for lands
for shich the rssessor has no deternination fron the
connisBionlr of Datural rlsoulces, the assessor 3hall r!f!! the
application to th! conni3sioner of natural rcsources eho 3ha1l
deterninc $ithin 30 6ays uhcthrr thc land iB nativ" pr.irrc and
notify tha county rrrassor of tha dlcision. Exeaption of native
prairir pur3uant to this cl.usr 8h.11 not grent thc Public lny
additlonrl or grcltar right of rcccss to lhe nativ! Prririe or
dininish lny rlght of ot D.r3hip to it.
(l2l Ploprlty u.cd in r cootinuous progien to Provide
lE"rglncy ahcltGr for eicti[s of donlstic rbuBe, Providld the
orglnirltlon thlt ot,ns rnd tponsort thc ahcltar is CrenPt trom
fade!.l incoEc tlration pur3u.nt to 3?ction 501(c)(31 of the
Internal n!v!Du! Cod! of t985, as xDlnded through Dccenbar 31.
I945, noteith3trnding thc frct that thc sPonsoring organization
racrie"s lunding under srctlon 8 of lhc Unitad stltas Eousing
Act of 1937, !B !Dcnd.d.
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L2 / 20 /90 lREvrsoR I XxlMr 91-O 414
(13) If approvrd by the governing body of th! nunicipaLity
in rrhich th" proprrty is located, property not arceeding one
acre ehj,ch is or.nrd and operated by any Eenio! citizln gloup or
rssoci.tion of groups th!t in glne!al linits Ernbership to
p€raorls age 55 or older end is organized and opllated
lxclusively for plcreure, rccreation, lnd othar nonE,rofit
purlro3ee. no part of thc n€t aarnlngs o! rrhich inurrs to the
benefit of any priv!t! sha!lhold!rBi provided the proirerty is
used prinarily as a cl,ubhoui!, Darting facility. or llcreational
frcility by th! group or.ssociation lnd th. property is not
u3cd for rlsialentj.al pultoala on ctther r tcoporrry or pernanent
brs i s.
(Itl) To thc extcnt providld by srction 295.a{, r!a1 and
pcrsonal property u6!d or to be u3!d priurily for the
p!oduction of hydroel,ectric or hyilronechlnj.ca1 Ircrder on a site
oened by the st!t! or e local govalnmental unit uhich is
dlvrloped lnd operatad pursuant to tha trrovisions q! aeetion
I03G.535.
(15) If lpploved by the governing body of the Eunicipalj.ty
in ehich the propclty is located, lnd if construction is
comn€ncrd rfter June 30, 1983:
(.) ! 'dilrct satcllite broldcasting facility" operrrrd by
a corporation liccnsld by the f!d!raL cor runiC.tions connission
to provid! direct satrllit! broadcasting a!rvices using di!ect
blo.dcast 3llrllitcs oirerlting in th. 12-ghz. b.nd, rnd
(b) ! 'fircd 8atlllitc r.gional or nrtional progrlD 3ervice
f.cility'oprr.t.d by. corpor.tloo liccn3ld by th! trd.rel
coarunlcations connission to provialc f lrld satalltt!-trlnsnitted
rlgulrrly 3ch.dulcal broadcastinE 3lrvicas u3ing srt.llitrs
opllating in th. 6-9h2. band.
An .rlnptioa plovldrd by cl.ure (tS) 3h.l,I rppLy fos. tcriod
not to .xc.ed fiv. yalrs. tlhen thr flcility no longrr qu.lifies
for rxlnption. it 3hrll bc placld on tha rsslssn:nt rolls as
provided in 3ubdivigion a. Elfore rpproving a tsx a:Glrption
pursu.nt to this p!r!gr!ph. the govrrning body ol th.
runicipality 8ha11 provid! an opportunity to th" D"nber3 of th.
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L2 /20 /90 IREVTSOR I XXlHn 91-0 4 r.4
county borrd of coEaissiodrrs of thc county in rhich the
facility ir proposed to b€ located and th! DrBbcrs of thr schoo]
board of the school di3tllct ln irhich the flcility is proposed
to ba located to Deet uith thc governing body. The govelning
body shatl, prcscnt to lha acBbels of thosr boarals its zstitsate
of th. fi3ca1 lnplct of thc prolrosld property tax erenption.
The t.r crenption lhall not be .pproved by thr governing body
until thc county board of connisslonrrs has Present€d its
writt?n cotlrnrnt on the propo3al to thc govlrning body or 30 days
has pa3sad fron th! dlte of the transnittal by lhe govrrning
body to the board of the infora.tion on the fiscaL iEpact,
uhichever occurB first.
(16) Rlal lnd personel property oen.d lnd operrtld by !
private, nonprofj,t corporation exenpt fron faderal incone
taration pursurnt to Unitrd States Cod€. tltle 25, saction
501(c)(3), prinarily uEed in the generrtion and distribution of
hot eater for haating buildings rnd 6tructures.
(17) tlotuithstanding Bection 273.19, statr lrnds th.t are
1!ased fron th! dcpartnrnt of natural raBources under saction
92 ,46 .
(18) El.ctric por"r distribution 1in.s and their
attachlrrnts and appurtenancas, th!t ar! uaed Prinarily for
supplylng Glactricity to farn!rs at ratail.
(19) Trensitional housing facilitirs.'lransitional
housing flcilityr D.ans r frcility that !c!ts thr follouing
rlqui!.Dcnts, (il tt Providcs trnPorrry housing to P.rcnts .nd
childrcn uho tt! rrcriving AFfrc or Parlnts of childrrn eho ar€
tlnpor.rily ln lo3tas c!r!. (Ii) It hls th! PurPoB. of
r.uniting frEllt.s rnd cn.bling P.rcnts to obt.in
rrl!-sufficirncy, lalvanc. thrir ?ducltior' 9.t iob tsrining' or
beconc .Eployld ln Jobs th.t Providc ! livlnE e.gc. (liil It
provider tuppgrt scrvlcct tuch a3 chlld carc, eosk srlalincss
training. and c!rcrr drvclotx!"nt counsrlingt and a
sclf-sufficicncy progrla uith p.rtodic Eonitorj'ng of !.ch
r.sidcnt'r progr.!3 in conpl.ting th! Progran's goals. (iv) :t
providr3 tlrviccs to ! rcaidant of thr flcility for at llrst 3ir
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l2/20 /90 IREVISOR I xXlHR 91-0{1/r
nonths but 'lo ],o[9"r lhan three years. excr]r rasidents !n!01led
in an educational or vocational institution o! Job t!aining
plogran. fhese rrsid"nts nay r"ceive slrvices during the tine
they !!e lnrollcd but in no lvcnt longer thrn four l,ears. (v)
It is Eporsored by rn organization that has reclived a grant
uniler eithrr section 25G.7365 for the bi"nniun lnding June 30,
I989, o! 6!ction {62A.07, 3ubdivision 15, for th! biennium
ending June 30. L991, for th! purposas of providing thr srrvices
in iteas (i) to (iv). (vi) ft iB sponsor.d by ln org.ni2ation
th.t is axrnpt fron fedrral incon! tlr undcr slction FOI(c)(3)
of th" tntlrnal Rlvenue Code of 19g6, .s anrnd€d through
Drcembrr 31, f987. fhis lxrnptlon lppties notuithstending the
f!ct that the sponsoring organization recrives financing by a
dj,!!ct fcd"ral loan or frderrlly inaurld loln or a loan nade by
the ltinnesota housing finance agency und!r tha provisions of
lither Title lI of th! National Bousing Act or thr t inn€sota
housj.ng finrnce lglncy lrr' of l97l or rulls pronulgated by the
.g?ncy pursuant to it. snd notrri ths tlnd i ng th! fact that the
sponso!ing organization r?ceivas funding und!r Slction g of the
United States Eousing Act of 1937, !s.nend!d.
AnTICLE rl
NETLAND RESTORATION AND CO}TPENSATION FUND
S.ction l. llinnesota St.tut.s 1990, srction 97A.a7S, is
lnended by ldding ! Bubdivision to rcad:
Subd. Ie. I cA]tE AND IISB I,ICENSE nETLAND SURCEAiGE.I The
fces for all Lic"nsrs issued und"r this lrcti on ahlll ba
inclllsad by ! 52 surcharq" for uetllnd Pr?3ervr t ion ,
anhancenent,r!sto!!tion, lnd astabli3hnrnt untll D"cellber 3I,
2000. Thc au!ch!!g! nust b" cr"ditrd to th. e"tl lnd ras tora t !. on
and conDrnsrtion account. Th: conrnissioner shsll inlorn li,cense
rchaslrs that the Bur cha!c is for e5e rv!t ion re t0r! t ion
rnd estlbli3hrn"n! of eltllnd hlbi tlt ol hiEh vrlue to eildlife.
S.C. 2. ITO3F.6T'I I iIEILAND RESIORATION AND COI,IPENSATION
FUND. I
Subalivision l.I ESTAALI SH}TEM. I A ir!t1!nd restoration and
conprnsation fund is cstabllshcd in th" stat! tr?!sur
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Subd. 2. IREVENUE SOURCES. ] (a) rhe fund sha1I consist of:
(f) r!!!!!!q!! q! ! !9 and anEling Licenses as provideC
3 !r=!si
4 (21 rrce ipts f!om the enuirorulenta! trust fund as p!ovided
bv lae,
(3) surcharoes on L,!t!r pertllits as proeided by !,aw; and
({} other !pp!op!i!ti,ons and funds desi qnated to be
d€posi.ted in th€ account.
(b) Accounts 5ha11 be maintained for each rlvcnue source.
Subd.3 IEXPENDITURES. ]l,toney in the fund tna y only be
spent for:
I ensation to lando{ners fo! rcstrict€d uses
(21 coirDensation to llndouners for llnd used to restore or
rstablish t,et lands i rnd
(3) Dreservation,"nhancernent, rcstorrtion, and
rstablishnent of L,!tl.nds.
Src.3. Hinnrsota Sratutes 1990, sGction 103G.'30t, j.s
anended by adding a Eubdj.vision to rrrd:
Subd. 2a. IPITBLIC ]tAfERS PERIIT APPLICATION IIEILAND
SURCBARGE.I Elqi pernit alplication rrceived under subdivi.sion 2
shall be incleased bv a S25 sulcharqe fq lqtlanC lleselvati,on,
enha nclnent rlsto!!tion and cstablishnent until D€cember 31.
2000. the surchalEe shall be clrditrd to the rdetland
restolatiqq !n4 corlpenar t ielacqgqL! . Jir qotllrissioler shall
infoln .pplicants that the 3u!charge is for prrservrtion,
!!stor.tion, lnd rEtabliBhnant of e"tllnd araas that !r?
itlport!nt to publ ic artcrs.
Slc. l. llinncsot! Strtut.s 1990, 3!ction 103I.208, is
.n.nd.d by rdding r rubdivi3ion to r.rd:
Subd. 3, [rrELL PERIIT AND NOTIFICA?ION wETLAND SURCEAIGE. )
Thc faes in thi3 3actlon Bhrll b" inclclsld by r S10 3urch.rae
until Drcrnbr! 31,2000. thc rurcharqr Eust be cr"di,tld to the
i,lt1and rastoration lnd conplnsrtion lccount. The coNnissione!
Ehall infornlrcrsons plyinE the gurcha!qe that thc surcharE" i!
fo! prlsrluation. anhancrrnrnt, rastgratlon, lnd "stlbli3hmant
q!
eetlands import!nt for qroundw!t€r qu!1ity !nd r€cha!qe.
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t2 /20/90 {REVISOR I XXIHR' 91-O { l4
2L
Sec. 5. [116P.1{] [ i{ETLAND ACCELERATION. ]
Subdivision I. IPURPOSE. ] Due to the overehelninq public
nerd and suDDort for Drrservation, restoratign, and
astlbl,ishn€nt of wrtlanqs, the leq.islature finds that an
acceleration proqram is necessa!v and sha1l, rrceive p!i,o!ity
fundinq from the rnvilonnrntal trust fund proc"eds and nonev
d"posited in th! tlinnesota futur" rlsourcrs fund under srction
116P.13.
Subd. 2. I TRANSTER To ]TETLAND ACCOUNT.I Notrrithstandinq
3rctions ll6P.l.1 or 116P.:.3. 515.OO0,OOO r.ch fiscal vear until
June 30, 2001, shall, br transfrlred fron the Droceeds o! th€
envi!onn€ntaI trust fund rnd the t,linnesotr futurr rrsources fund
a,ld crcdited to th" eet]snd rlstoretion lnd conpcnsation lund as
foI loes I
(1, the first Sl5.OOO,0O0 of proc"eds !v!il!bL? e.ch f i.scat
v!a! to fund Droiects under scction ll6p.II, lnd
(2) from th? rmount deDosited in thr llinnesota futu!e
rrsoulces fund undar 3"ction l:,6P.1,3, the bal,sncr of the aFount
n"ldrd so that 915,000,000 elch fiscal v"!! is cr"dited under
this scction to the r,etland rastoration and cohprnsation fufrd.
scc. 5. Ir44.3855] [PUBLIC rATER SUPPLI i{ETLAND
SURCEAIGE, }
The connissioner of health Bhall rss"ss crch public llater
suDDlv an annual surcharqe of 50 c?nts De! Drrson s?rvcd bv the
FubIic rrtar BupDIv until Dlc"nbr! 31, 2000. The surchlra" nust
ba cr"dit"d to lhe rltland rrstorrtion lrld comecqsltion
lccount. ?he co risstone! 3ha11 inforn Dublic a!t!r suDDl,ies
that thc surch!ror i3 fo! prrslrvation, r"storation, lnd
estrbliShecnt of satllnd3 of hioh v!lu! to urtrr oullitv lnd
!uDD1v,
ANTICLE 5
IIETLAND ESTABLISBXENT ATD nISTORATION PROGRA}I
Saction 1. [103F.61I11 [ IIEtLAND ESTABLISIII{ENT AND
RESTORATION PROGNAJ{. I
Subdivision l. IACCOUNT AD]iINISTRATION.I qlglld o.!.
eat€! lnd soil resources shall adEi,nister tha uetland
t2 /20 /90 IREVTSOR I XXlt'rX 9I-0414
1 rrstoration and conpensation fund. The boa!d sha1l r lDare a
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budqet p Iln for allocati,ons fo!:
(l) compensation to landowners,
(2) astablishnent of n€!, wetLands;
{3} restoration o! tetl,ands; and
(il) enhrnclment of "xistinq lratlands.
Subd. 2. (PRIORITY PLAN.I 8y Novenber 1 of each
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8 cven-nunbered ve!!, lhe coltutlissioners of h€a].th, natural
resourcas, and the po!,IrJtion control lEency shall jointly submir
a plln to !!Le bqard of u,.trr and soiI rcsources idlntifyinE high
priority areas for rstlblishnent, lcstoration, and ?nhrncenent
of eetlands. The boaral shall utiliz€ thc plan in naking
!llocations f!on the rr!t1and r!storation rnd comDensation
account.
Subd. 3 IAPPLICAUONS.I 1r) Public and private entities
ma a 1 to the board of eater and soil rrsources for rants
lnd cost lhalllrS qo !8!!b1i3h. lcstor!, rnd rnhance eetlands.
ADplicrtions shall b" Ilade on lorns Dlrscribed by the board.
(b) The board of e.te! rnd soil !lsources 3ha 11 qiee
preferenca to applications that cstablish or restore setl,ands
tJith the highest public vrlue rnd to assessrnents by $etland
authorities.
Sec. 2. [ 103F.90r I (FINDINGS.I
The l.g islrtura finds that thr dis.ppcalancr of $!trlnds
h.s and eill cfug! adylMrf f"cts on th! hralth lnd olneral
eeltara of thr pcoplr of the 3tatr. Thc cstablishmrnt of
ectllndsr inDrovrs Dublic he llth lnd Dotabla e.tar bv Durifvinq
rod filt!rinq surfacc run-off lnd u!tar that !echarqes .quife!s;
iB ! Dublic b.ncfit by scts inina surfaca rr!tar lnd rldinents
that eould caus! doenstrram floodinq,Scdinrntrtion, lnd further
soi I rrosion; lnd inp rovrs thc Dublic r,clf!!! by Drovidlnc
r,ildl,if" hlbit!t lnd lccr!ation.l oDDortuniti!s for th" Dcoplc
of this r tlta.
Scc. 3. [103F.902] [DEPINITIoNS. ]
Ssbdivision L. IAPPLICABTLITY. I
section apply to sections 2 to 5{.
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Th. defini.tions ln thi s
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t2 /20 /90 IREVISOR I XXIXI 9r-O { 14
Subd. 2. IAFFECTED.I 'Af fected'naans bene fiteC or danaqed
bva eetland sy s tern DroDos ed to br rstab.:. is hed or "srablishedunder this chr tel.
Subd. 3. IAUDITOR. ]"Auditor" n€ans the qounty aud j. tor o!
a county ehele th e Drocerali no is locat.ed.
Subd. il I COI{XISSIONER. ) 'Commissionc!" atrans the
corunissioner of natur al r"sources,
Subd. 5. ICOUNTY BOAID. ]"County bos rd "neans the county
board of th! countv r her! the D roc!edi nq is Loclted.
Subd.6 I DRAINAGE AUfHORIff.l .Drainac! authorit y" has
the mean in q q rven under s"ction 103E.005,aubdiviBion 9.
Subd. 7. I ENG INEER. )
nEnqinr"r" lreans a Plofess iona L
?nqtneer req i ste!ed und !r Btatr Iair.
Subd.8.IESTABLISIIED.I'Estlblished" neans rhe werl.and
authority has nade the orde! to d!ve1op and greslrve the ire t land
svstem.
subd. 9. IPRoCEEDINc. ]'Proc€edinq" nean s a Drocedu re
under this chaDter to "stablj.sh a uctland sys tem.
Subd. 10. IPROPERTY. ],prope!t y" neans reaf D !oprrty.
Subd. II. II{ETLAND. ]"Hrtland" nrans land that is
t!!mli!io!a1 beteeen terrestrial .nd .quatic s st?ms Lrhe! e the
$ate! tablc is usually !t o! near thc aurface o! the land
covered by shallow rater.A r€t1.nC:
(1) at 1€ast D€!iodicrll y supDorts hydrophytcs;
2 hr subst rr r ls "domin!nt 1 unchin"d h ric aoi,1
or
3 th! substratr is nonsoil and is ssturatcd !,ith u!t"r a:
3om! tine dur i nq lhc qrouinq s"ason.
Subd. 12.I rETLAND AUTBORITY. ! lHetl.nd !uthorit!'i llcans .
countv board, ioint countv board, dlrinlqr authoritv, or the
borrd of Grnlq"rs of ! ultelshld di3t!ict thrt hlve iurisdiction
over th! DroDcrtv rf flctcd ! i,rt l,!nd s 5t ln.bv
Subd. I3. I wEtLlND SYSTEI. ! 'll"tland systan" nrans one or
nore uetlaods rnd adioininq er"as rstablishcd or to be
stabli3hld for ! coruron DurDos!,
Scc. a. II03F.9031 [ ]IETLAND AUTHORIIY POdERS.I
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t2/20/e0 lREvrsoR I xxlHn 9I-04t 4
subdivision 1.IGENERALLy. ] The eettand autho!itv may make
o!ders to:
(l) acqui!e,construct, and naintain uetland s ys tems ;
(2) dcepen,!4llen, 3t!aiEhtrn, or chanqe the chann el or bed
of a !!a!urA! eatrrw.y thlt is part of the drain aqe s stem o! is
located at tha outl.lt of a dlaina ge sys ten;
3 chan e the course of r draina es stem
(l) inDound the e!ters f rottt a dra i naa a System; and
f5) qons!ruct ncclssar }, dik!s. drns, and control structures
and poee! !ppliances, DurrDs, and punpinq nachinerv as P! ov i ded
bv Lae.
Subd. 2. [PEMISSION OF COflfltSSIONER FOR $ORK IN PUBLIC
9{ATERS; AIPLICATION. } (a) th! ltetlrnd aurhorit Y nust rece i ve
pelmission fron th€ c orurissioner to:
(1) !?move,construct, or altcr a dsn affrctin q Publ i c
9tters; or
(21
"stabl ish,raise, or lolr€r the lavel of Dublic aaters.
(b) th" petitioners lor r proposed ectland s Vstcm or the
wetland luthority nly apply to the comni ss ioner for pernission
to do eork in pubLic uaters or for the dcternination of Dublic
eat€rs status of a e!tc! body or eltercoulse.
S.c. 5. II03f.90{l ICONSTDERATIONS BEFORE WETLANDS ARE
ESTABLISBED.I
Subdivision l.I ENVIRONI'IENTA! AND LAND USE CN,ITERIA. ]
Brforc "st.blishinq a eetland s stctn the ertland authority nust
considrr:
tll Drlvlt. lnd Dubtic b.nefit3 lnd d.na qes of th! DroDosld
l,"t llnq sjs!!!!;
l2l thc pr.3!!!! lqd .ntlcllr!t.d lErlcultur.I l.nd acreeqe
rvrilrbility lnd ua? la th! eltlrnd r ystrn arra i
l3l lh! Drlsant lad lnticiDltad I tnd usr eithi.n the r.ctland
3ystcn traai
({) floodlno qhlrlctar!,stics of plop€rty in th! ectllnd
svsten;
(5) th! rratals to bc lffcct?d.nd rltrrnative ne!su!?s to
and devrloD thr ir!t!rs;consclve, al10c! t",
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12/ 20/90 IREVISOR ) xx,/xR 9I-O{t il
(5) the effect on.r.te! oualitv of constlucti,ne the
proDos"d eetland svs t.ln:
(71 fish and *ild1ife rrsouices atfeeted bv thr proposed
wetland svsten i
(8) shaLlou qloundrrater availabiLity, distribution, and use
in th€ uetland svs tettl:
(9) thr public value of th! wetland svstrm; lnd
1!q) thc overall eneirorurantal itnplct of !ll the above
criterir.
Subd. 2. [DETENIINING PUBLIC UTILITY, BENEFII. oR
WELPARE. ) Ip a proccedino to cst.blish e h,!tlrnd svstlm, the
e?t1!nd authoritv havinq iurisdiction of thc proceldino nust
oive prope! consid?rrtion to cons"lvation of soi,1, r,!t!!,
fo!rsts, r,iId anim!Is, !nd !!.la!rd natu!al r!sourcGs, and to
other public inte!ests aff!cted. toq!ther ei,th otha natr!iat
natt!!s es Drovided bv latJ in d"t"rnininq ehethe! the pro.iecr
rrill be of DubIic utilitv, benrfit, or l,clfare.
Subd. 3. IPRMTE PnOPEnTy OWNERS.l Th" e?rland aurhoritv
nust conside! th? cffects on Drivatc DroD"rtv ouners affrcted bv
the eetland sys tem.
Sec. 6. II03P.9051 [BUFFER ZONES.I
Subdivision l. IESTAELI SH]IENT. I In .nv proceedinq to
estrblish. construct, inprove. or do lnv !,ork affectino a
uetland svsten, the t.'etllnd !uthoritv shaLl orde! thrt pcrmanen:
orass, othr! than r norious eaed. ba plsnt"d on a 3trip rt lrlst
16-1,/2 frlt in Hidth lround tha Darinrter of th. ulttlnd
3vstrn. Th" rcrraqc and additional Dlopcrtv raquirrd for thr
Dlantinq nust ba acosir?d bv thc elthnd authoritv,
Subd. 2. IEAIVESTING GnASS.l E.rv.st of the or.ss from the
qrass strip in e pannrr not hlrnful to th" orlss or thc eetland
svstltn is th" privilcqr of tha fr! orrn!! or rssiqnB. The
u"tllnd authoritv Bhall cstrblish rulCs for thr lrc or.rner and
r3sions to hlrvlst the qllBs,
Subd. 3. IAGRICULTURAL PRACTIcES PRoItIBITED. ] Aarieultural
practicls, othlr than those raouirGd for the naint"nance of a
partlln"nt arosth of qrass, ar? Dot Dcrnittrd on anv Dortion of
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t2/2o/90 IREVISOR I XXlr,tR 9t-041{
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the p!ope!tv acouired for plantino.
Subd. /t.' IwORK By I{ETLAND AUtHoRIty. ] If a propcrtv orrner
does not brinq an area into cotnpliance tJith this section, the
h,etland !uthori!!, Sha11 issue an Orde! to have the eork
p€rforned to brinq the DroDertv into conpl,iance. Aftrr the eork
is completed. the t,etland authoritv shall send a statenent of
the exDenses incurred to brinq the D!oDrrty into comDlj,ance to
the auditor of the county rrhere the plopertv is located and to
the DroDcrtv oen!!.
Subd. 5. ICOLLEC?ION OF EXPENSES.I (r) the anounr of the
axpenses to brina an area into compLilnce eith this section is a
licn in favor of the H!rIand !uthoritv aq.inst the property
uhere the lxpenses uere incurred. Thc ruditor Ehall certifv the
expenses and enter the anount in the same nanner as drainaae
lirns on the tax List for the folloir,i,nq vrar. tha ar.rount nust
be collected in the slne nannGr !s real estrta taxes fgr the
propertv. ?he provisi,ons of Iae r!1.tjnq to the col.llcrion of
real estate taxes shaLl be usrd to anforc! pavment of anounts
dur under this section. ?he auditor nust include a notice of
col.lection of cornDliance €xpenses !ritl the tlx statement.
(bl ?he aliounts co11!ct!d under this subdivision rnust be
deposited in the eatllnd svstan rccount.
Sec. 7. II03F,9061 [DEFECtIVE NoTIcE,I
ff notic€ is requilcd undrr this chaDter and DroDer not j,ce
has blen qiven to 3olrc parties but tha noticc is drfactiv" or
not oiven to othcr Darties, thc aatl,lnd authoritv has
lurisdiction of rl.l partils that raccivad propc! notic". The
proc"rdinqs Bav qe continuad bv o!dc! of thc eatlrnd authoritv
for tha tina nacrsslrv to pubLish, DoEt, or nril a nca notice.
Thr nre notice nreds onlv bc qivln to thosc not Drooerlv
notificd bv tha first noticc.
S.c. 8. Ir03F.9071 [ PERSONAL SERVICE rN LIEU OP OIBER
!{ETHODS OF NOTICE. )
If notic€ iB to b! qivln unde! this chapter, personll
3lrvice at !.c!st ten davs blfora the drte of hrlrinq Brv be
qivln in lilu of the nannlr Dloeided. lhr noticc must br screed
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12/20/90 [REvrsoR l xx,/HR gl-o{t 4
in t he nanner D !ovided for the s ervl ce of Sumnons in a civil
action in districr court.
Sec. 9. [TO3T.9O8) [ FAILURE oF nETLAND AuTBoRIIY To ATTEND
EEAiINGS. ]
If an order hr s been nade and noti ce for a hearinq qlven
und"r this cha pt!!,and the r.,rtland !uthority does not apDe a! at
the t ime and Dl ace spe cified for lny reason,the aud i tor shaIl
continue the h rarinq to a date set by th! aud i tor .The auditor
3h!Il not if v the retllnd authority of the con tinuance and the
dlte of h.a! i n the juristlict ion is cont i nued unti 1 thc da:e
s !t by the .uditor.
IO. ITO3F.909] [DEFECTIVE PROCEEDTNGS. ]
rty nry not take adv!nteE€ of an Grror in a
proc!edin q or an informality.a! lor, or deflct a DPearina in the
record of the Dloc eedinq or co nstruction, un lrss the Dar t
complainin q1 s di!"ct1y.ffected.'Ihr nodi f icrt ion of the
benefits or dama qes to lny Droper tv or the !n ioi ni n gof
coLlection of lny ass essnent,does not aff"ct any o ther DloDe r t v
o! the collection of an ya ssessmrnt on othcr D rope r t y.
(b) If a urtland s ysten has been estlblish"d and a contlact
a!,arded in Eood fri th. r'ithout collusion, and.t a r at sona b 1e
Slc.
(r) A
price r
(1) r d€f€ct or Ilck of notice in lrrldi nq, nakinq, or
ex ecut i no the cont r.ct does not lff"ct the rnforcement of an
essassn?n'. r lnd
(2)if the contract is perforned in qood faith in rhol
in Dart,. def.ct dols not invalidrte thr cont rtct .
s"c. Ll. Ir03F.9r01 [RrGcr oF EMtRy. ]
tn Droclldinas under this che Dta!,lh! eltlrnd.uthority,
the anqi,nrrr, the anqlnaar'3 asri3trnts th! aDDrli3rrs, lnd the
aDDr!i3rrs' assiStrnts !!v !nt"r any Dropatty to ll.kt ! aurvev,
Cxamin! the DroDar t , or "stiBat! thr brn.fits .nd dsnaaes.
Src. 12, Ir03F.91I) [A1IORNEI. ]
a An a t totney s haLl rlD !rs"nt the t'!tland !uthority in
!1,1 ertland Dr oc?edi s lnd rlllted nattrrs,
th! county !ttorney's assist.nt' or(b) A county lttornlv.
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t2/20/90 IREVISOR I XXlHn 91-0414
f any .ttornev r5sociated r,ith t h! county attorney in business,
nay not othlr$ise lDpear in a eetland proceedinq for rn
inte!rsted person.
a Scc. 13. [r03F.9f2! IA.LTEnAIION OR DAT4AGE OF TTETLAND
5 SYSTEX. I
Subdivision 1..[NOTIFICATION TO RESPONSIBLE PARTY. ] If the
lretLand authority deternines that a eetland sVstem has been
aL!!!!4 qldamaqrd, the iretllnd .uthoritv shall notif Y the
Derson or Dubl i,c authoritv lrsDon siblr for the alterati.on or
drmaqe as 3ooll rs Irossibl! lnd diract the respo nsible Dartv to
ramove the cause of the lLtaration o! damaQe or shoe the rretLand
luthority ehy th! cause of tha lltcrrtion or damaqe shouLd not
be removed. th! ertllnd authorit y shall set a tine and Locarion
in the notice lor th" responsiblc person to a ear brfole the
u€tland author i ty.
Subd. 2 . I CAUSE OF ALTERATTON OR DAT,TAGE ON PRMTE
PROPERTY. I If the cause of the sltaration or dailage is on
Drivate DroDe! t y, thc ouner is r"sDonsiblc unLess the o$ner
proves oth!!!,ise.The oenlr must be notifi.ed b y clrt i f ied nail
!t least trn days b€for! the heari nq.
Subd. 3. ICAOSE OF ALTERATION OR DATACE HEATING.I I!9
eetLand ruthority shall hea! all interest"d p.lties and if the
eetland .uthority dctrrlIlines that th€ lretlrnd system has been
altered or darnaqed by a Drrson or publ ic !uthority, the eetland
authority shaIl, ordcr th ! c.us! of the llteration or druqe
r.Eovcd bv th! rGspolqlElS _pr!!f rrithin ! rclsonablc tine set ln
thc ordcr. If tha cluse of thc lltcr.tion or danlqr is not
llqoyqd bv licrrgscribqd tltnc, the i,ctlrnd ruthority shall have
tha crusr of the lltalstion or d.naqc rlnoved and tha auditor
shall nlkr ! stltlnrnt of thr rrDovll cost. Th" strtrnent &ust
bc filcd in th! county racordcr's offic? !s a lirn on the
DI ODE rt ehcrr thc clusr of th! rltrlltion or danaqa ls locltld
or rgainst the rasponsibla party. Thc lian nust b" rnfolced and
collectad rs lians lor eretland rlDairs undrr thi.s chlptcr,
cxcrpt lhrt ! Lien 4ry not be filad sE.inst privlte proprrty j,f
th! eatland ruthority detarninr3 th!t
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L2/20/90 [REvrsoR I xxl r 9l-o{1a
I is not rls ponsiblc for the obstruction.The I i"n ltly ba
2an folccd aqainst th! r csDonsibla rtv bv ci vll .ctlon.
3 S.c. l{. [103r.9131 [ CRtxES RELATED !o xErLArD SySTE]rs;
I PENAIUES. I
subd ivlsion 1..IOBS?RUCTION OR DAI,TAGE Of A WETLAND
SYStEI.r.l A DGr 3on nly not !,i ll,fully obstruct or alanlo t r er t land
7 gvs ten.
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Subd. 2. IAI,TEnING IARKING OF SIARES.I A prrson n.lv not
l,illfullv chrnqc th" location or !lt"r n!rki,nos of 3tlkrs 3a: bv
thc:noinler ln ! ultl,and sv3trn.
Subd. 3. [PENA-LIY.l Violltion ot thlB llction 13 .
oildcneanor.
Scc, 15. (r03F,91{} [ ENFoRCE|{ENT. }
Subdivision l. I XAnRAvfS AND ARnESTS.I th.' cottunj.ssion€r of
natur!l rasources, ornc refuqe patrol offic!rt, tnd consrrvation
officcrs nav rxecuta rnd serve elrrants, lnd rrtrst Dar3ons
datrct"d in actual viol,ation of r"ctions 2 to 5{ r.s plovlded i.n
s?cttons 97A.205 snd 97A.211.
Subd, 2. IPROSECUTION,I Ihe countv !ttornrv 3h!11
prosacutc !L l, crininal, lctions.
s.c. 16. trO3F.915l ;APPEAIS. l
Subdivision l. IGnOUNDS FOR APPEAL. ] A p!!tv ir.v .ppr.l. to
thr district court fron ! lccorded ordcr of r uctlrnd authoritv
nldc in ! Droc"?dino thrt d"trrEinls:
(l) thr urount of bcn"fits;
(21 tha lnount of dlnsoes t
(31 fuas or rrpen8rs rlloueal, or
({l ehlthc! thG Gnvirontn:ntal rnal llnd ur? r"oulr"mrnts rnd
crlt"rla rrr plt.
Subd. 2. I PROCEDURE FOR APPEIIS nELATED !O BENEFIIS AND
DAr{AGES.l (.) A prrron eho rpperls th! nnount of banalltt or
drnaors nav Lnclual! banalita tnd drnlaa3 lffactinq proDrrtv not
ounad bv thc !pp!ll!nt. l{otlcc of thc lppaal [ru3t b" 3!!vad to
tha rudltor rnil to thr oencr or occuprnt of propertv includGd in
thG !DD!al, or to th! attorn?v teDratantino thc DroDaltv oerncr in
tha proclldinq5.
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lRSvrsoR I xxlr{R 9l-0 { 1{
cntitlld to ! trial by a iulv at th€ nrxt tcrn of tha districr
30
t2 /20/90
(bl Th. rppcllant nust fil?. roticc of rpperl r{ith th.
.uditor eithln 30 dlvs aftrr the ordlr to be tppcllrd i,s filrd.
Tha notica oult State th" DartlcuLar banefits or danaqrs
appr.led lnd'the basis for the lpperI. Hithin 30 davs aft?r the
noticc.i,s filrd, the auditor Eust file the orioin.t notic! rrith
thr court rdninistrator of th! district court.
Subd. 3. I PnOCEDURE fOR APPEA! RELATED TO AILOHANCE OF
FEES OR EXPENSES. t An app€al ral.atrd to th! all.olr.ncr of facs or
arpcnsrs mv b! to thc district court of rnv countv rrhlrc thc
rffrctld Dropartv is locatad. Th! appall Eust br nada uithin 30
davs rft"! tha oratlr allolrinq or disallouino thr cllin lnd is
oovrrned !s applicable bv the Drovi,sions of subdivision a,
Subd. {. IAPPEAL IRIAL.l (.) ?hG issues in thc lppral .re
court !fta! the lpo€al. is fil"d that is held uithin thc countv
ehrle thr ploccedinq r,.as pendinq.
(b) lf th. lppel.1!nt !"oucsts, the tri.L nust b. hrld !t
th. nlxt tcrn of the district court of the countv ehrrr tha
.ffacted propertv is locatad. The court ldninistrltor of the
district cou!t shrre the appeal is first tiled sha1l naka,
c"!tifv, lnd f.ilr ej,th the court administrrtor of the district
cou!t of the county i,hare the trial j,s t!ansf"rrrd. a t!!nscript
of the prprrs rnd docuhents on fila in th" court rdministrrtor's
olficr in tha Drocaedinqs rrlat"d to thr tn.tt"rs of thc appeal.
Aftcr thc linrl datarni.nrtion of the aDper]. th: court
rdninistr.tor of rh. district court th.t tri,.d tha.porll ahll1
cartifv rnd rlturn thc vlrdict to th! di3!rict court ol th"
countv ehc!! tha procaadinqs errc lilad.
(c). lh! aDpcal 3hall takc pracadlncr ovc! rll othrr civil
coult Eattlrs. tt thlra 13 Bo!" thrn on" rppcrl to bc tlird in
on! countv, thr court a!v, on it3 oen potion or tha lotion of an
intcra3tcd prrtv, consolidlt! teo or po!" rpDalli rnal trv thaE
toe"thrr, but thc rlqhts of thc rppllllnts must b! dctarninrd
rcperrtalv. If thr lppcllrnt doas not pravail, thc co3t of thc
trill au3t bc Dlid bv thr .ppel,lant.
(dl thc court ldninistrltor of thG dist!ict cou!t rrh!!! tha
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t2/20/90 lREV]soR I xxlm 91-0{1{
aDDea l is filed shall file a certifird c oDv of the final
d"termination of the a ppeal ei,th the auditor of the r f frc ted
count i es .
Subd. 5. IEFFECT OF DETERITNATIoN. ]For all !a1s the
erithi.n 30 dlYs after th e orde! is filed. Aftcr notice of the
31
rmount arjarded by th! .iury a! l detelmination of thc issue
.pDealld shall repl.c" the anount thlt rdas appla1ed.
Sec. 17. [103F.916] [ATPEAL FRO!4 ORDERS DIStrrssrNG OR
ESTABLISBING I{ETLAND SYSTE',{S. ]
Subdivision 1.. INOTICE OF AppEAf, ] A partv Eav appeal. an
order nade bv the wetland luthority that disnissls proceedi,nas
or "stabi.ishes or relusrs to astabli.sh a wrtland svstam to the
dist!ict court of the countv {he!a th? Dlocrldinos are Dendinq.
The appellant nust servc [otice of th! appeal to the auditor
appeal is served, the aDpea] Eav be brouqht to trirl by the
appellant or th! drainaoe rutho!itv rfte! notifvina the other
partv at least ten davs befole thc tril1 date,
Subd. 2. [lnIAL.l ?he appea]. must be tried bv thr courr
r,ithout . iurv. The court shall ?xanine the entir" proc"cdina
and r€lated nattcrs and receive rvidrnc€ to d€t"rnine uhethe.
the findinqs nade bv thc u"tlsnd ruthoritv can be sustaineC. A!
thc tri.l th€ findinos nade bv the urtllnd autho!itv !!! prima
f.cic lvidlnce of th! natters stated in the findinqs, rnd the
ljetland authoritv's ordcr i,s priln! f.cie reasonrbl€. If lhe
court finds thlt lhr orallr lDpcalad is lrr,ful rnd rassoneble, it
Bhlll b" effirnrd. lf the court finds thrt th" ord?r applrled
is lrbitr!rv, unl,arful, or not 3upDortrd bv the reidrnce, it
sh!11, nlkr !n order, iustifi"d bv tha court rlcord. to t.k" thr
plrcc of thc apD€alad order, or rlmlnd tha oidar to thr v?tllnd
luthor.itv for furth"r procacdinqs. Aft"r tha lDpell has blen
dctcrninad bv the coult, th" eetlrnd lutho!itv shrll Drocccd in
conformitv uith tha court ordlr.
Subd. 3. I DETERIINAUON OP BENE'IIS AND DAIAGES AErER
COUR1 ORDER.I If the orde! ?strbli3hino ! r.€tland svstarn is
app?a]!d, thr trisl of lpprlls r"latcd to blnrfits or dltraoes in
th? plocrrdipq nust b! ttavrd until th! rstablishnent app"rl is
\2 /20 /90 IREVTSOR ) X\lr.tn 9l-04 L 4
L data!ninad.If th. ordrr r3t!bl.ishinq rh! eatlsnd sy3tcn i3
2 affi!n"d, tppca 1s rcl.trd to bcncfits and damrqca nust thcn be
3 trird.
Subd, a. I PROCEDURE IF APPEAL ORDER ESTABLISBES I{ETLAND
5 SYSTEx.I
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32
33
3il
3s
35
If !n o!dcr !rfusinq t0 a3t!bl,ish e rJctlrnd system is
rnd thc court, by ordar. astabli3has the !r!t1!nd
systcn, th. ruditor rhall qiuc notlc! by publicrtion of the
fi1"d order. lh! noticr ir sulficiant if lt rafars to lhe
rratland sy3tar! by nuDbcr or othr! dascriDtivr dasiqnatlon,
Etlt"s thc Daani,nE o! thr order, and 5tat"s tha d!t! thc court
ordqr !!s filrd. A p.rsg!! !n.y !Irp!! 1 t[SJ! !a!] ! !lrrS!!! older to
thc district court as !,rovidcd in this laction.
Subd.5 IAPPEAL OP AFPELLATE ORDER.I A lrrty rEgricvGd by
! f i.naI order or judEment rand"rcd on lDDral to thc district
court Eay !I,!!all! in othqr eilril crsls. the .I)peal Eult !q
nadr and parfcctad l,ithin 30 dey3 altrr tha filing of thr ord€!
or ant ry of judqnant.
S!c. lE. [103F.9171 [ I{ETLAND PnOCEEDIM AND CONSTnUCTION
RECORDS. I
Subdivi3ion l.[mcU[ENTs AiE P0BLIC nECORDS.I A].L nEps,
Dl,.ts, ch!rtB, drairinqs. D lrns , rDrcificrtions, and othr!
docunents thlt hlvc bcrn fil"d,rccaivad in avidrnc!, o! used in
32
conn"ction uith ! proc""dinq or construction rrc aubiact to the
Drovi3ions on DubIic rCcordr in 3action 15.17.
subd. 2. [nEcoRD nEoutREllENts. I !]!-ggllg!!_pl9!jlgfr
9l!ns, rnd ip.cificrtions prcp.r.d .nd u3ad ln lclrtioa to r
trroclrdinq ru3t:
l!l_b! uni lornf
l2l h.v: Gach thG.t bound rnd lrrlrd to ldcntifv thc
plocredinq bv thG eltltnd tvstap nuab!!;
(31 ahoe th! nrEa of tha Darson DraDarina the lhcrt;
lat rhoe tha drta tha 3hart e!3 Drrparad; lnd
(51 conforn to rular and atrndrrds prarcrib"d bv tha
disrctor of tha dlvi3ion of eata13,
Cubd . x_ I INDEX oF PRoCEEDINGS AND tEcoRDs. I !!l-g.t!-!-g
thrll k""p rll ordar3, "rhlbit3, nrpi, chrrta, profllc3, Dlat3.
I
2
3
I
5
5
7
I
9
l0
I1
t2
13
t5
l6
l7
18
t9
20
2I
22
23
21
25
26
27
20
29
30
31
32
33
3{
35
35
t2 /20 /90 lREvrsoR I xxlr,m 91-0,t 14
D]ans. sDlc ifications, and rlcor ds of the ! oceedi n s. Thes eDq
rec o!ds mav not bc rrnoved exclD t Hh?n th! Helland autho! i t v
makes a !r!it t"n ordr !to remov€ them.The auditor shall k eep an
33
rccurate ind€x of th! qroc!"dinqs and rehted docunlnts in a
bound book,
Subd. {. IDOCUI{ENTS. ] Att oriqinat pt8rs, profiles,
Droceedinqs or the construction rehted to a H"tLand Evstcn are
public rrcords and the prop"rt; of thc wetland authoritv. These
public records Eust be filed rrith the luditor und€r the
alirection of the vetltnd !uthority eh"n construction is
conpletrd or.uhen the ?noinrer stoos lctinq for th! wrtllnd
svstem, ehi,chcver is rarlic!.
Subd. 5. IPILING AND STORAGE FACILITIES.] Countv boalds
facilitirs to protlct th" files and rrcords of all procleCinos.
The countv boalds nav provid! lor the copvinq and tilinq of the
docunrnts !nd records of p!ocaldi,nos bv DhotoqrlDhic davic!s as
ploeided for public records unde! 3ection 15.li. In the €vent
of loss of th" oriqinals, thG photoqraDhic copi,es ar! o!iqinals
efter authentication bv thG auditor.
Subd. 5. IRECORDS ARE PRIIA FACIE EVIDENCE.I The rlcord of
procledinqs under this chlpte! and of orders rnlde bv the rdetland
authoritv or the district court in the procaedinos, or s
certi.ficd copv of ! racord or ordlr, i3 Drin! facia cvidence of
the frctg ststld in the rrcord or ordrr rnd of tha rlqulrritv of
lll proc?adinas prior to the nlkinq of the ord!!,
PROCEDURE tT' ESTABLISE I{ETLATD STSTEXS
Src. 19. 1103F.9181 [ NE:I{ nETLAND SySlE,rS.l
Subdivision L. IPnOCEDURE.l To "stab],ish ! rr!tLlnd Bvsrem
under sections 2 to 6a, th" peti,tioncls and eetland luthoritv
nust proceed accordinq to this s"ction lnd thc Drovisions
applic.blr to "stlblishmrnt of wcthnd 3vstGms.
Subd. 2. IFILING PEIIIION AND BOND.I A pltiti.on for a
Hctlrnd svstem.nd ! bond nust bc filcd eith the ludito!. If a
!rctllnd svstem la Uithin teo or aora counti?s, the Dctition nust
I
2
1
't
5
5
7
8
9
l0
1.1
r2
13
l{
l5
l6
r7
l8
l9
20
21
22
23
24
25
25
27
28
29
30
3r
32
33
3a
35
35
t2 /20 /90 IREvrsoR ] xx,/r'rR 9l-0{14
be file8 r,ith th€ audito! of t ha county tJith the qreatlst araa
of progerty to b! rstablish ed as a eetland systern.
Subd. 3. I SIGNATURES ON PETITIoN. ]the petition tnust be
sioned bv the urtland.u thoritv or 100 De rsons !!s idi. nq irithin
the county or r.rtershed distric t uhele the eetland system is to
be Locatcd.
Subd. 4 IPETIIION REQU:RE|ENTS.I The petjtion nust:
(1)dcacribe the Droprrty rh€re the DroDosed recl,and s ysteft
is to ba located
(2) d lscribe th! q enlral coulsr of thr uatercourgls or
nat€! basins affcctinq thr proposed uetlrnd svs tem;
(3) state uhv thc proposed r,atland sv strm is necessa ry;
(il) state th at the DroDo srd eetland g strn ei l1 ben!fit and
De ugeful to thc public lnd eil1 Dronote public health;
5 stltr hou the !d rrrtl,end s sten ei11 be f i nanced
and
(5)state that the Detiti onr!s ei,l I Dav !11 costs of the
procredinEs, if th! Drocradi nos !r" disBi.ssed or the Petland
systcm is not est lblished.nd.csuircd.
Subd.5 li{ITBDRAWAL OF A PETITIONER,I After . p€tj.tion
has been f i l"d,a pet.itioner nay not withdrau flom thr Det i t ion
cxccpt uith the i,rittln consent of 111 oth!!prtitj.oners on the
fil.d prt i t ion.
Sec. 20. Ir03P.9r91 [PETITIoNER'S BoND. ]
One or aorc Dctittonrrs aust fil! a'bond rri th thc pet i t ion
for !t lclst IO 000 th.t 13 vablc to tha countv r,hlrc thes
tition is filcd or for !tltion lor !t !d oint count
rratlrnd systam thlt i,3 DlvablG to !11 of the countias nrmed in
!lL. !.!f!ion. Th! bond ru3t h!v! .d!qu!tr surcty .nd be
lDDrovld by th! ruditor.tha bond Eust br conditioned to pay
thc cost3 incurr"tl if tha Drocradi nqs ar! disni3s"al or thr
i,!tl!nd systrE ploDo3lal ln thG Dltition is not cst.blishcd rnd
ecqu i rcd .
Slc. 21. [103F.920] [EXPENSES NOT TO EXCEED BoND.l
Thr costs incurrcd befora tha proposed ertlrnd Bystcm is
cstlblishrd aay not "xceld thr.nount of the petitioner'a bond.
34
1
2
3
4
5
6
I
9
t0
ll
L2
l3
l4
t5
t6
t7
l8
l9
20
2l
22
23
24
23
26
27
2A
29
30
3l
32
33
3{
35
35
t2/20/90 (REVISOR I XX,/r,tR 91-0{l{
35
A clairn for !:Denses qlerter tban th! aoount of the bond nav nat
be paid unl.ess an additional bond is fited. ff the w.tland
authoritv detrlnines that the cost of the Droceedinq rrill be
orestrr than thr petitiope!,s bond befo!e th" proposlil rretland
svsten is rstablishlal, the e?tland authori,tv llust r"ouire an
additional bond to cov.r all. costs to bc filrd xithin .
Drrsclibed ti[le. Th" proceeitino nust br stopDed until the
addi.ti.on.l bond prrscribed bv th. elttand authoritv ls filed.
If the.dd:tional. bond 13 not filld rrithin th! tine pr.scribed,
thr Droceedinq nav bG di,Bnissed.
Slc. 22. [],03F.9211 [DIS TSSAT OF PROCEEDINGS By
PETITIONERS. i
A ploceedinq under thi3 chagtcr nrv b" disnissrd bv a
n!ioritv of the Detitioners. Th! proc"€di,nq llav be disnissed at
anv tine befor€ th" proposed r,?tlrid 3ysten is cstablished after
plvtnent of the cost of the proceedlnq. Tha uatland ruthoritv
Shall determinc th? cost of thr ploce?dinq. Altrr the
procredino is dismissed env othrr action on the propos"d L'rtland
3vstem nust beqin rrith ! ne!, petiti,on,
Slc. 23. 1r03F.9221 [PRELIIiINAnY SURVEY AND nEPoRT. ]
Subdivision l. IORDER POR SURVEY. ] Hithin 30 dlvs .fte!
the petition to lstablish ! eatlend rvst.n is tilcd, th. eerlrnd
authority shlll. bv ord!!. diract thc soil rnd urtrr
conserv!tion anqin""r ehare tha rr"tlrnd 3vstrm is loc!tcd to
conduct a pr:lininarv survcv ol th! proD"rtv rhrlr lhe Droposed
urtlrnd svst"n is to br locat?d.
Subd. 2. ISUnVEI.l Th. lncinrlr 3hall proca.d pronptlv to:
l1l arrnine tha Drtition rnd ordrr;
(21 oakr a prelllinarv survrv of th" lsrs llt"lv to b!
rffcctcd bv the proDo3ral ectllnd 3v3tem;
(3) d.terEin! hoe thc urtllnal tltl b!.ffccted bv tb!
hvdroloav of the arla i
(a) rxanina end E!thrr l4form!tion ral.ted to daternininq
hou the Dlogosed r.etland 3ystr'l lffacts Privet? DroD"!tv oPnels;
and
iSt if th. DloDoi.d u.tlrnd Bvstrtn leouire3 constluction,
t2/20/90 IREVTSOR I XXl r 9t-O{14
(3) the chlractlr of the o utlet and whethcr it is
sufficientt
{{l th e D robable cost o f the inprovcne nts Ehorrn on the
plan,
(51 aI1 othe! infornation lnd data necessarv to d i sc lose
th! Dr.cti cabi 1i t y, nacess i ty,and fras ibil ity of the propo sed
r,ltland Bysten;
(6) considcration of the Droi rct unde! tha "nvi ronnenta 1
and lend use cr i te ri!in srction 5; rnd
(7) other infornation !s orderld by thc l,etland author i ty.
S.c. 24. [103r.9231 [ IETLAND SrSrEx IN T{tO OR r{oRE
couNTrEs. I
Subdivision L,IDESIGNATION.I A Detition for e proDosed
rretland s stem in the iuri,sdiction of tiro or nore uet Land
ruthor i ties must br desiqnrted as ! ioint ertland systen ui.th a
nunber assiqn€d by th€ ruditor of. the county l,ith the 1a rges t
lrea of Dr ope r ty in the wetland sys trm.
Subd. 2. IJOINT ITETLAND AUIEORITY.I r t.€tl,!nd au thor i t
rrhele a De ti ti,on for a DroDo sed'ioint urt Lrnd s stem is fi.led
shal1 no!ify the uetllnd authorlt y of each i u! isdict ion uhere
Drogerty is aff !ct.d by the uetland sy sten end raquest the
eetland autho!ities t o neet jointl y and consider tha pet j. t ion.
Th" uet l.!nd !u thor i, t i.s sha1l, salrct five of their n"hbersi at
th. n.etinq to be th?joint u"tllnd author i!1,. At lalst one
lenber aust bc froE "ach county.?ha u?tl.nd au thor i t Y Ehal l be
tnoen !s the joint u!tland luthority uith. joi nt ratlrnd sys tefil
nuDber. A vlclncy in th a arnbcrshiD of lhc Joint lrc t 1a nd
!u thor i tV nust b. till.d by lol nt rctlon of thc borlds.
S.C. 25. IIO3F.92'I IFILING PRILI!|INANY SUTVEY REPORT.I
tn lnecr s Il fil" th.lrtad ralitninrr surve
r"Dort ln dupllcrt" rith thc tuditos. Th. ruditor 3h!11 s?nd
one coDy of the r lDort to thc disrctor of the d ivision ol xat"!s
and th. dir rctor of t h! divisioa of fi3h lnd wildlifc.lf the
sed wltland g stan lnvolveB a oint ultland a s ten a
of thr rcEolt Dust bc filcd rlth thc sudltor ot rach atf"ct.d
e9!!f:
37
I
2
3
4
5
5
7
E
9
l0
ll
l2
t3
1tl
l5
15
l7
l8
r9
20
2l
22
23
24
25
25
21
28
29'
30
3l
32
33
3{
35
35
I
2
I
4
5
5
1
I
9
l0
l1
L2
l3
t{
15
l6
1?
I8
19
20
2t
22
24
25
25
27
28
29
30
3I
32
33
3{
35
36
l2/20/90 IREVTSOR I XXlHn 9t-0{I{
pract ical Dlan. th?report nust qive sufficirnt infornation, in
35
rxamine thr natur! and capacity of thc infLoe, outlat, and anv
necessary rrtcnsion.
Subat. 3. ILMTATION Op SURVEY. ] The rnqj.ner! shat]
rest!ist the-prllininarv survev to thr oetl.nd area desc!i.bed i.n
the petition,
"rcept that !o secure an outlet the enqineer mrv
run llveLg nccassarv to datermin" the distance for th! ploDer
fall, Th! DrrliEinarv sulv€v [lust consider the inpact of the
proposed uctland svsten on th! environmental lnd lrnd use
criteria in 3ection 5. Ihe eltlrnd authoritv rnav have other
areas survcved after:
(1.) qivinq notice bv nsil of ! hrarinq to 3urvrv additional
arras, to be held !t l!!st tln davs .fter the notice is nailed,
to the pctitioners and p€rsons Liab]! on the pctitioner's bond;
(2) holdinq the he!rino!
(31 obtaininq consent of the persons lilb1e on th!
Det.itione!'s bond r lnd
({l orderino the additional, !r!a Burveved bv the enqineer.
Subd. {. IPRELI]iINARy SURVEY REpORf.l The .nqinee! sha11
!cDort the proDosed i,ltllnd svgtatn pl!n o! recoNnend a diffarent
detail, to inforn tha eetland authoritv on issuas !rlated to
feasibility, and 3hoi, chano"s n"cessarv to nak€ the proposed
plan practic!b1r and feasible includinq !xt"nsions, late!als,
and othcr {ork. If th" "nqineer finds thc Droposed eetland
3vstln in tha patitlon i5 flasi,blr and coaplirs uith the
rnvironpental and ltnd usa critr!ia in 3"ction 5. tha anoineer
Bhlll lncluda ln tha Drallnlnary 3urvev rcport ! prelininarv
pl!n o! thc aroposad rr"tl,and svstan 3hoeinq thr propo3rd ertl!nd
rraa to br rcouirGd, tha outlct o! thr rvstan, tha vrtarshcd of
the ttltlapd 3v3t!n, and th! prog?rtv likelv to bc lffcctrd .nd
itr lnoirn orrncrs. Tha Dl,an puEl thorr:
(ll thc clavrtion of tha outlrt and th! controllina
!lav!tions of tha propGrtv. llkclv to bc rffrcted rafaranccd to
Etandard sa! l,"v!1 dltun, tf prlcticalt
(21 thr grobtbla tize lnd chrllctrr of th! construction
nacesBarv to n!k! thr plrn prlctic!b1a !nd f€asib1c,
t2/20/90 IREVTSOR I XXIHR 91-0{ 1{
Sec. 25. [103F.925] [COH ISSIONER'S PRE!IIINAnY ADVISORY1
2 REPORT. ]
3 The qomni ss ionc r
4
5
6
1
8
9
l0
1l
l2
l3
14
I5
l5
17
18
19
20
21.
22
23
24
25
26
21
28
29
30
31
32
33
3{
35
JN
sha1l nake a prelininarv advisorv reDort
to the lretLand authorit y rr.ith !n opinion about the adequacy of
the prelininarv su rve y rrport.Th! comrnissione! shaLl state any
additional invesriEation and rvaluation that should be done the
publ,ic value of the Hetland systen rnd the environmental and
land use criteri!, and citc speclfic Dortions of the prelimina!y
sulvey repo!t that are inadequate.Thc corunissioner nust a 1so
indicrte the potentj,al bcnafits and dlma qes to fish and Hildl.ife
by establishinq the eetland s ystrn. The coruni.ssioner shaIl file
an initial preliminary advisory !eport eith the audito! before
the date of the plelininary hrarinq.The cotu'ri ss i.oner nay
request additional tine for lcview and evaluation of the
D!e1ini nary su rv!y report if rdditional tinc is necessary for
Drope! evalurtion. A rcouest for ldditional time for fil.inq rhe
38
connissioner's Drelininarv advisory reDort nay not be nade nore
than five davs .ftrr the dat€ of thr notice bv thc ruditor that
a date is to be set tor the preliminarv hrarina. An lxtensi.on
of tine may not crcrrd tuo uceks afte! the date of the r"ouest.
Sec. 27. II03F.925] [PRELIHTNARy BEARING. )
Subdivision l. INO?ICE. I when the prelj.nin!rv survev
report is filad. the rudito! sha]L promptlv notifv the eetllnd
autho!itv. the uatland authoritv in consultation eith the
auditor 3ha1l 3€t a tina, bv ordc!, not pole thrn 30 d.vs rfter
the datr of tha ordcr, for a haArinq on the prelittlj,nllv survev
r"port. At lcast trn drvs blforr tha hcarinq, tha ectland
ruthoritv aftcr con3ultino rith th" rsdi,tor shrll qiv€ not.ice by
nriL of thr tlna and location of thr haerinq to th" prtition€ls,
oencls of Dropertv, lnd politicll 3ubdivisions likclv to be
rffrctad bv lha propo3ed eltland svstao in the prrl,inin.lv
lurvcv rcDort.
Subd. 2. IBEARING,I ?h. rnoir."r 3ha11 .ttrnd the
pralininarv ha.rine and pEovidc nrcass!rv infornltion. The
pctitionrrs and all other intr!lst!d partics nav aDDrar lnd be
hea!d. The connissioner's ldvi3orv reDort on the pr!Iinin!rv
I
2
3
'l
5
6
7
8
9
t0
11
L2
l3
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15
16
l7
!8
1.9
20
2l
22
23
24
25
26
27
26
29
30
3l
32
33
3{
35
36
12/20/90 [REVTSoR I xxlrrR 91-O{l{
plan nust be publicly r€ad and i.neluded in the rlcord of
DroceedinoF.
Subd. 3. ISUFFICIENCY OF pErITIoN.l (r) The retland
authoritv shrl,l first rxanine the pltiti.o[ and detelnine if i.t
4!ets the Ieqal, requi renents.
this chapter, the hlari,no shall be ad.iourned and the petition
!eferrrd back to the prtitioners. Th€ petitioners, bv unaniFous
action, nlv rnentl th! petition. the prtitioners nav obtain
siqnatu!es.
the l!qa1 reouirements, the proceedinos nust be diBmissed.
Subd. {. IDISt{ISSA!. ) (.} The H!tland autho!itv shall
disniss the Droceedings if it deternines that:
(1) tbe proposed iretland system is not fcasibl?;
(2) the adve!se envirorurentaL intp!ct is qr€ater th!n the
DubIic benefit and util,ity rfter considerina lhe anuironnental
and land us! critrria and thr cnqince! has not teportrd r plan
to nt!ke the propose; lretland svstem fcasiblc end acceptable;
(3) the proposld rretland svstem is not o! Dublic benefi: or
ut i 1itv, or
(4, the outlet is not ldcourte,
(b) If the proceedinqs !!" dismissed, rnv other acti,on on
the proposed wetland svsten nust brqin rith a new petition.
Subd. 5. IFINDINGS AND ORDER.I (a) thr eetl.nd luthorirv
ihall 3tate, bv order, its findi,nos, ! proposrd financino p1an,
and rnv chrnqes that Eust ba |tEd! in th! DroDosetl retllnd svsteF
from thos! outlined in th" prtition. includinq chlnars n€crss!!v
to niniFi2a or llitiqata advcrs" lnpact on th" lnvilonncnt, if it
d"t!rEin"s that:
(1) the proposrd ultllnd ivstGn outlincd in th! plti,ti,on,
or nodifird lnd recotnnended bv tha anoin!?r, i,s feasible;
(2) thrre is necassitv tor th! proposrd uetlrnd svsten;
(3) the proposrd eatland 3vstan rrill b" of public benefit
lnd Dronote the Dublic h".lthi !ft!r considerinq the
rnvironn"ntal and land ssc crit"ria; and
39
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3
a
5
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10
tl
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l4
15
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25
25
27
28
29
30
3l
32
33
3/a
35
36
t2/20 /90 IREVISOR ) XXIHR 9l-0 it l4
'00
({) th! outlet is !dequate.
(bl Chanqes mav be stated bv dcscribinq thrn in oaneral
tarns o! fllinq . p.p thrt ogtlin"s thr chanEes in thc proDosed
w"tl,and svsten irith thc order. the ordar rnd acconDanvinq
docuBlnts pust be fil,rd rJith tha auditor.
Subd. 5. [OTTLET IS EXISTING DRAINAGE SYSIEI. ) If the
outbt ia !n cxistino drrinlqe avstcE, thc rretland lutho!itv nav
deterElnr th.t thr outllt is !d"qu!t! snd obtain Dcrnission to
use tha cxistinq d!rin!q! svstul .s an outlat.
subdi 7. [EFFEcr oF FMDINGS,I l!ll9!-4-l_lg3!9.t
proccedinqs, thr ordcr poalifias th! pctition end the order nust
be conside!ed with the pctition.
(b) The findinqs .nd order of the elthnd authoritv !t the
prelininrrv hlarinq arG concLusiv! onLv for lhe siqnatu!cs !nd
leoal reouiranents of thc patition, tha natur? and artrnt of the
proposed DIan, and thc n"ad for a dctailcd survrv, and onl,v for
the Dersons or garties shovn bv thc Dral,ininarv Survev rlDort !s
likelv to bc affected bv thc proposcd e.thnd svstem. Al1 .
ou"stions related to the Drrctic!bilitv and nrclssitv of the
proposed uetland svstrn rra subiect to ailditional invcstiaation
and consid€ration at the f i.nrl harrino.
SGc. 28, [103f.9271 IORDER FOR DETAILED SURVEY AND
DETAILED SURVEY REPORT. I
tlhcn the prllininarv hlerinq ordc! is filcd ilith thr
ruditor, th! r,lthnal lsthoritv rhalt ordrr the anain"r! to nr.ke
! datlilcd survlv rrith pllns and rpcclficltions for the Droposed
rctlrnd rv3tGrr rnal subait a datlilld 3urvav rlport to tha
eltland authoritv as 3oon rs po3siblr.
sGc. 29. tlo3F.92St IDEtATLED SURVEY.I
Subdi.eision l. [SUnvEv AND ExAt{lNArtoN.l mrn !n ordrr for
! dGlli!!d 3urvrv l3 lllrd, thG anqinarr 3hall Drocaad to survrv
th! linls of the proDoslal rrltllnd tv3trE in thr DrrliEinlrv
hr!rinq ordcr, lnd iurvcy !nal araninr !f!rctrd Droptrtv.
Subd. 2. ISURVEY BEQUIREIENTS.I All bolndarv lines rust be
tulvlvcd in 100-foot st.tions rnd alavrtions nust be blscd on
3tlnalard 3ea levcl daluE, lf practic!1. Banch !l.rks Eust bc
t2 /20 /90
1 cstablished on pernan€nt obiects alon g thr boundary line, not
2 nor" than one nile apalt.Eirld notes tlllde by th! rnqinrer nust
3 be cntered in bound field books and P!eserved by the enq i nee r
{ snti I the are filed r.ith the .uditor.
5 S!c. 30. [103F.929] [ VARIA]iCE rRolt ]IETLAND AUTEORITY
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In pllnninE a proposed Hetland systrn, the rnEinee! nay
vary fron tha DIan dlscribed by thr p!alininary hearinq order if
ths DloDlrty likrlv to bc assessad irl the ProDosed uet land
s sten has not bcen included.
S"c. 31. Ir03F.9301 [SoIL SuRvEy. ]
The angineer sha1l nake a soil survey if: (1) the ultland
autho!ity ordr!s ! soil sulvey;(2) tha conunissigner rlquests a
soil surveyi or (3) the rnginae! deternines a soil survey is
!!qe9sa!!! The soillulyry tLust sho$ thr nature rnd chalacte!
of the soil in the proposld ertland arc! and include the
di.st!ict board's f i.ndi.ngs f rotn the soil survey. The !eport on
41
lnEvrsoR I xx,/[R 9t-0{r{
thr Eoil survev must be included ln th? drtailed survev r!9ort
o! !"po!ted and filed separat€lv before the final h"arinq,
Sec. 32. [103r.931] [DETAtLED SURVEY REPORT. j
Subdivision t. IREPORT AND INFOR,tAtION REQUIRED.I Tne
?noinee! shalt pr"pare e detailrd sulvev reDort that incl,udes
the data and infornation in this srction.
subd. 2. I AP.lA conplrtr nap o! thc aroposrd eetland
svstrn nust be dreun to tcslr, 3hooinq!
(ll the arer to br lncludcd in the eetlrnd svstcnt
(21 thr locltion lnd siturtion of th" outlct;
(31 thG ultelshrd of the proposcd eatltnd Svstall lnd thc
subrrtarBhed of Frtlsnds, il anv, *ith the locstion ol "xistino
hiohuav bridqaB rnd culvc!tsi
({l r1l, proplltv rfflcted, uith th€ nanrs of tha knoup
ollnlr 3 i
(5) public tolds lnd rriltav3 lffcct.dt
(6) th€ outlina of rnv llkr blsin. rr"tland. or Dublic uater
bodv ! f f:cted,
{7} aleas of oroundelter racharoc lfflctcd bv the Dloposed
L2 /20 /90 {REvrsoR I xxl,{R 91-0{}{
1 wetLand svsten;
(t) r r€as uhere floodinq iri11 be reduced du! to surface2
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t,ater ret lntion by the *etland t
9 arcas lrhele fish and eildlife habitat will be i ! oved
(101 areas rrhere rratlr qualit v Hi,Il be inproved due to the
cxistrnce of the r,et land
(ll) rlcas that u3? watcr floeinq throuqh the wetland as a
poEable slte! supply; lnd
(12) other physical ch.ract!ristics of th! !,at!rshed
necessa ry to undarstlnd the ploDosrd sctllnd system,
SEC. 33. [103F.932I ITILING DETATLED SURVEY REPORT. }
Thc rnEin€er nust file the deteiled survey repo!t !rli![ the
42
autlitor ehcle the Droceedinqs lra p€ndinq and thr ruditor nust
d"liucr a copv of thr dltail"d lurvlv rlpor| to the
cottnissioner. The cnqinrer nust llso fil" coDies of th!
detailrd survev report eith the ruditori of anv affectld
count ies .
Src. 3'1. [103F.933] [REVISIoN OF DEaAILED SURvEv REPoRT
AFTER ACCEPTANCE. ]
Aftcr the fioal acclDtlncc of th! DroDosed uetland svsteE,
th€ anoinaar 3hrll r"vi3a the Dlan, profiles, and desiqns of
structurrs to Shos thc Droiect !s lctsallv constructcd on the
oria.i,n.I trrcinos, Th! cnoin!er 5ha11 filc the revised drtriled
survlv raDo!t eith thr auditor. Thr luditor sha}1 forurrd th€
oriqinal o! a copv to thr diractol as a Dcrnrnent racold.
S.c. 35. Ir03t.93at ICo}{xtSSIONER'S tINAL ADvlsoRY
REPORT. }
trl tha cotnoi3sion!r 3htll rrlnina th! d!tri1!d 3urvcv
raport rnd elthin 30 drvs of rcc"ipt Eak! a finll rdvisorv
rlport to th! e"tllnd ruthotitv. tha final !dvi,3orv report Bust
ct!tc ehrthar thG con ri33ion?r ?
(ll finda tha d"t.ilad rurv"v rrport is i[conplct" lnd not
in .ccord!nc! eith tha proeirion3 o[ thi3 chapt!r, spccifvino
the inconDlctc or nonconforninq Drovisions;
(2) lpprovrs th€ datrllcd 3ururv llDort as an acccatablr
plan to Gstlblish ! eatland !vst?n;
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(REVTSOR I XXlHn 91-O { 1{
{3
l2 /20 /90
(3) does not apDrgve the plan end reconrnendations for
chanaes i
(a) flnds thr proposed tetlsnd svsten is not of public
b€nlfit or -utilitv und"! the cnvironnen!.t and l,!nd use
findinqs; or
rlourst to lhe anoine?r to nake ! soil gurvev.
to thc wetlrnd .uthoritv lnd file it rrith tha auditor.
SEC. 36. IT03F.9.!5' IAPPRAISERS' APPOINTI{ENI AND
QUALIFICATTON.I
Subdivision l. [APPOINT!{ENT.l Then lhr ordrr for !
detaikd survey is nade, the H"tland authority Ehall, bv o!de!.
apDoint apDraisers consistirq of th!ee disint€r!sted Dersons
knotJledq"able in rretlrnd v!1ues lnd brnGfits, hvdroloqy,
floodland Drotectj,on, ratar use vllues, lnd DroDrrtv values.
One of thr appraisrrs nust b! ! n?nbrr of th! Boil rnd uater
conservation district board.
Subd. 2. IAUDITOR'S ORDER FOR FIRST ]TEETING.I Hithin five
davs .ft!r the drtailed survcv r"Dort is filed, the audito!
shaIl., bv order. dasiqnat" th" tin! lnd locltion for thr first
n"etina of th" aDpraisers, lnd issue ! copv to th" lpDraisers of
the eud.i,to!'s order lnd ! ccrtifiad copv of thr order appoinrinq
th" lppraiBers.
Subd. 3. IFIRST ,{EEaING.l At th. first p""tinq lnd brfole
bcqinninq th!ir dutles. tha apDrrig!!s shall subscribc to an
orth to l!ithfullv p.rfosn thrlr dutils. lf rn lppointed
rpprli3?r doas oot oualifv for lav rrtson, ahr auditor 3hatl
dcsionate lnoth!r oualili!d pcr3on to t!k. th. disouEl!fIed
tppraiser '3 Dlrce.
slc. 37. [103F.9361 [ATPRATSEnS' DU?IES.l
Th? appraisrrs. itit\ or elthout the cnqinalr. !h!11
dctrrnin! th" allnaqes and dirlct bln€fits !o r1l, propeltv rnd
eatr!courses rff"ct?d bv thc Droposld ertllnd svstem and nake !n
aDDrais!rs' reDor t ,
r2 / 20 /90 lREv:SOR I xxlt,R 91-0'l1il
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Sec. 38. lro3r.937l IAsSEsSl.lENT oF BENEFITS AND DA!{AGES. ]
Subdivj.sion 1. IPRIVAIE PROPERTy. ] (a) The wetland
authoritv Euat lsscag alalllqes lnd dlrrct benefits to Drivate
propertv in tha r.!tllnd svsten. If cstablishtient of the eetland
uould convert th" proprrtv to !n lntirclv different use and
restllct the oirner's u3c, thr damaqes nust be !qua1 to the
current narkrt value of the DroDertv or thr ouner ntv anter into
an aorc€nent l.ith thr eGtl!nd !uthoritv to rcceDt replacenent
land under Daraqragh (b).
(b) If thr privat€ Dlopertv oener antrrs into an aqreement
eith the eltllnd autho!itv to acceDt laglacement land, the
replacement l!nd nust be a functionaL raplacetlent consisti.nq of
land substantitllv aou!1 in !c!ero!, u3e, interest, o! !state to
the private proprrtv dlnaqed. If the prrti?s ale unable to
aaree on th" desiqnation of tha rrDlaccnlnt lrnd, th€ Dartics
tnav ao!e! to 3ubmi.t to !n erbiter or thc district court the
issuc of uhich rlp]lcenent land ploposrd bv the palti.rs is a
functional reDI!crment for the propartv d.Baqed.
subd. 2. [FLooDwArER RETENTIoN.I g-$l-"4-1!I.0 *9!.:i:
drsiqned to rctrin floodeatc!s, banefits nust be assessed
aqainst Dropertv prot"ctcd fron floodina.
subd, 3, IPUBLIC VALUE BENEFTTS.] Th. eublic value
benefits of th? wetland svstatl ttlust be esslssed .qainst the
!.!!.!3:
subd. a. I STAIE LAND.I ProDertv ounrd bv the state nust
hlvc bcnafits rnd dlmrqas raportad in thc 3rnr nannrr ts oth€!
rPs-t-!t:
Subd. 5. I GovEnNxENr PRoPERTY.I E9-!PPEi$-t--!i.U
raDort th! bcn"fit! rnd dlnaqas to tha 3trtr, countirs, rnd
llunicip.litla3 froa tha proposad e!t1!nd 3vst!m.
Subd. 6, (PUBLIC ROADS.I lf r Dub]ic rold or ttr.et is
benafit.d or drnaqrd, tha 3trt", countv, or Doliticll
subdivision thrt i3 thc qovrrntrrntll unit lrith tha llorl dutv of
naintaininq th! road or ttralt. ltlust b! rsscssld banaflts or
danloes to th! !o!d or 3t!!at, exceDt that bencfits lnd drmages
for bridqcs lnd culvrrts nust be lssess"d to thc qovernnentAl
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L2/20/90 IREVISOR J XX,/HA 91-0{t{
a5
unlt thlt hrs th" llqal dutv to conrtruct and naintlin th!
bridq! or culvrrt.
Subd. 7. IRAILTAI AND OTBER UTILIIIES.I Th! rpprlisrrs
ahrll !!po!t lha brnrfita rnd denaqls to rrilslva rnd other
utilitias. includinq bcnafits rnd dro!q!s to propertv u3ed for
r!ilelv or otha! utility purpo3as.
Subd. 8. I EXIENT OF EENErITS.I th" lpprais"rs shatt
dctcrninr th" mount of dir"ct banafits to rll propcrtv !s
provid.d in this 3.ction.
Src. 39. [103F.9381 [APPRAISERS, REx,Rr.l
Subdivi3ion l. I RfQUIRlr{EllIS. I th. lpprrisrrs' rcport nust
3hou, in t.bul,a! forn, for alch lot, ao-lcrr tract. lnd fr.ction
of a lot or trrct under alprratr oena!3hip that is brnefit"d or
drnlqad:
(1) ! allscription of tha IOt or trrct, under s"parate
ounlr3hip, th.t iB brnrfitad or dtniqed,
(2) thr n!n"s of thr ounllr a3 thav tppear on th" curtrnt
tlx lacolds o! thr countv,
(3) th" nunblr of acres in rrch tract or lot;
(a) tha nunber lnd valur ol acrcs of r trlct or lot added
bv tha DloDosad eetland svstllnt
(5) thr drnaqe, if rnv. to tip!ri!n riqhts;
(6) thc afiount th.t .rch trfct or lot uill b. ben.fit"d o!
danlo?d, and
17) thc public valuG bcnlfltr b!s!d on critlri. rdopt"d
unallr rrticlG 2, 3"ction a, subdivition a.
Subd. 2. IDISAGREEIENT OE ITPnAISERS. ! If tha lDDr.isGrs
tra unablc to aorar, arch lDDral3ar 3hrll aep!r!!!lv 3t!ta
llndino3 on th" di3lqra"d iarua. A !rloritv of th" rppr.isrls
lrv Darforn th! rlouirad dutlar undrr thit chrDtar.
subat. 3. IFILING.I llhan tha lpprlitost co[lDlrtc thclr
duti.s, thlv shlll fll" thr .pprrttlt3' laport rith thr ludito!
of .rch rffrctGd countv. A dltlllad 3!.trn!nl nust ba lilld
r,ith th" lpprrisars' raport 3houlno tha rctull tin" tha
spDral3ar! eerG rnqloed rnal thc cotts lncurr"d. fh? aDDrli3ars
3h!1I 9GrlotE thri! duties rnd conplata th? !DDr!i3?r3' rcDort
L2/20 /9o IREVISOR I XXlHn 9I-0{14
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!s soon !9 Dossibl. rftei their first neetino.
Sec. ilo. [103F.9391 [FINAL EEAnING. )
Subdivigion l. [TII{E.l ProEpt].v lfter the fiLinq of the
appraisers' ;cport !nd the conoissionrr's final rdvisorv repo!r,
the ectland authoritv rftGr consultinq with th€ auditor shatl
set a tine and location for thr finll haarinq on the petition,
thr detlllad survev leport, rnd the rppraisers' report. The
hlarino aust br srt 25 to 50 davs aftar the date of thc final
h€arinq not ice.
Subd. 2. (NOUCE.I (ai ?h. finrl h.a!ina notj.ce nust state.
(11 that th! pltition is pcndinq;
(2) thlt tha datailed survrv rlport i3 filed;
(31 that the appraisers' rrport is filed;
({) the tine and pl.ce 3!t for th! final hearino;
(5) a b!ief d"scriDtion of th! Droposed eetland svstrn,
qivino i,n qeneral telns th! locltiot of the uetland qvstem;
(5) a descriDtion of Dropertv benefited and danaoed, and
the nanes of the oen€rs of the proDertv; and
(7) the nuniciDal and othrr corgorations affect"d bv the
proposed u?tland systln !s shoun by the datailed survev reDort
and aDpraisrrs' rrDort.
(b) Nenes tnav bG li3trd in a nlrrrtivr forn lnd propertv
affectrd Eav b€ s€pa!ateIv li3tcd in n!rrative form bv
oov!rnmental 3cctions o! otherrrise.
(c) For ! ioint countv Drocledinq, r"parate notice nav be
Dlaparad for !!ch countv rftactad. 3hoeinq tha Dortion of the
plopoErd uatlrnd svBtan and the natnrs rnd dcscriptions of
lfflctcd propcrtv in tha countv.
Subd, 3. I XETIOD OF NOIICE.I ?h! .uditor 3h.].1 notifv the
ectl!nd !uthorltv. ruditorr of rfflct!d countirs, lnd ell
lntrrastad prr3ons of th! tlEr and locltion of th! finll hearinq
bv Dublicatlon, postino, rnd pail. A printld coDv of the finll
hrarinq notice for rlch rfflclcd countv nu3t b" postld rt lrlst
thr"€ ueaks baforc thr datr of thc finll h€.rinq !t thr flont
aloor of thc courthourc in cach county, within ona rlek aftlr
th! fir3t publicltion of th! noticc' thc .uditor 5hr11 qive
12/20/90 [REvrsoR ] xx,/ n 9t-o{1{
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notice bv pail of the tine and Locltion of the final, herrinq to
the comnissionar, all DloDertv ounlrs, lnd others affect?d bv
th€ proposeil Fetl.nd Evst"tn and listed in the detlitcd survev
tlport anal the lpDr:isers, r"port.
Subd. 4. [DEFECTM NqfICE.l If the final hearina norice
is not qiuen or i6 not lcqallv oiven, the luditor shall properlv
publish, post, lnd Eail the notice or provide the notice under
the provisions to curr deflctive notic! in srction 7.
sec. aI. Ir03F.9{01 IPRoCEEDINGS Ar TEE PINAL EEA.RING. ]
Subdivision l. I CONSIDERATION OF PEUTION AND REPORTS.I At
th! tine and location for the fi[.I hcaline sprcifild in the
notic", or afte! th" h€arino rdiourns, thc aatland ruthoritv
3ha1l consider th" petition for the eetllnd svstem, L,ith alt
natters prrtaininq to the d€tailrd survlv report. the
appraisers' report, lnd the comri. ssi,onrr , s f i,nal advisorv reDort,
The H"tland authoritv sha11 he!! and consider th" tcstirdonv
p!esentrd bv rll intrrrstcd parti"s. ThG cnqineer .or the
anaineer's !ssistant and rt least one rDDraj,srr ah!ll be p!"sg.lt.
The coNnissioner nay lppealrnd be h!a!d. If the conniss:on!r
does not appea! personallv, th! final. advisorv r?port shail be
read alurinq thr hearinq. the final h€lrinq nav b? adiourn"d and
!econvaned !s is necessarv.
Subd. 2. ICBANGES IN i{ETLAND PLAN.) tf rhc *ett.nd
ruthoritv drterninrs that the q"n?ral, DIan rcDortrd bv the
rnqin""r Elv ba itnDroved bv chrnols. or that th" aDDlaisers have
n!d! an ineouitable lssrssncnt of brnlfits or dlnlqcs to anv
plop?rtv, thc uctland luthoritv Eav ahcnd th" datrilld su!vev
rcDort or th! tDD!!is?r3' r?Dort. tnd Dlkc n?c?s3!rv lnd D!oD"!
findinos in relgtion to thr rlports. ThG eGtllnd !uthority nav
rrsubnit nrtt"rs to thr lnqincrr or to tha aDprliglls for
irrcdiltr con3idlration. ?he "noinorr or lppr.i3rr3 3h.L1
procerd promptlv to taconsidar thc rasubnitt"d natta!3 rnd 3hall
nrk" lnd fil! the anandld lindinqs rnd rrports. Tha rn"nded
lcpolts are. plrt of thc orioinrl rcports.
Subd. 3. InEEXAIINATION.I If th. ertland rutho!itv
datelrdinrs thrt propettv not includrd in tha noticr 3houl,d be
3
4
t2/20 /90 IREVTSOR I XXIHR 91-0 { l4
I included !nd assessrd or that the anq ineer o! aDDraisers, or
2 both, should raeranin€ the P roDosed retl,and svst€rn or the
prope!ty be nlfitld or datllqed by the sy stem, the t.et lrnd
author ity llla resubnit th! rcpo rts to the enqineer and
rai3rrs. lf a r rt is resubml t t.d the final hearin na
6 be continuad !s is neclssary to nake the r"exarnination and
rrexanination rlport.ff the re!x!ain!tion report includes
groperty not includ.d in the oricinal rlDo rt, the uet lAnd
authority Ely,by order, ldjourn lh. hearinq lnd dirlct thr
ruditor to tervc o!DU blis h, Dos and l[AiL ! final hcrri no
no ticc !,ith rcfercncc to lll DroDrlty not included in the
!evious not icr. Th€u!isdiction of tha eatland autho!it
continues in thr prop€rty E ivgn DroDe! notice, and nelJ or
ldditional notice is not r eou i rld for thr t D!oDe ! tv.
src. 42. [103r.9{l] [ I{ETLAND AUfBORTTY rrNA! ORDER. ]
Subdivision l. IDISI{ISSA! OF PRoCEEDINGS.I The urt land
!uthor i tY mus t disniss the Droccedinqs and pe tition, by orde!,
if it determi.n!s that:
1 th. b.neflts of th!r t.etLand s sten includin
the u bLic val,ue brnefits are less than the total cost
incLudinq alanlqcs !e!rded;
(2) th" Propos.d e€t}and sy stlm Hill not be of public
benef i t rnd ut ilitv;
(3) th" p roposad r"tlrnd sy strm is not practicrble aftlr
considarlog thr !Ilvi r onmt ntrl and llnd u3c crltcri!;
(a) th. !trtc uill Dry oor! thln 50 Dcrclnt of the bencfits
and tha coo8i,ssionar h!3 rrconnr nded .crinst astlblishnrnt of
thr uat l,loal 6y3tan; or
(51 er it I DDroull for f inrnc in o tha erthnd 3 3t an has
not brln obtainrd fron count ia3 if bonds lrr r couirad or flon
thc bolrd of ratrr lnd toil rasoutc"s fo r Dublic vtluc banlfits.
subal. 2. I ESTAILISHIi{ENT OF PIOPOSED TSILAND SYSTEX.I lgl
The irltl,and author i t v 3h!lt !st!b1ish , bv ordcr,a DroDosld
uatland 3ystrn if it d.tcrDinGs th!t:
(1) rh. d.teil"d ture cv rlDort I nd aDDrriSers'rrport hrve
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haee b!"n c onDlrtad u ndrr this
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I chaDter;
2 the r rt3 e Or an"nC* d a!e Lete and cor !ect
(3) the darna es and ben.f its have been p!operI deterni nec,
(,1 ) th" est i a ted benefits includi n c the Du blic value of
the i,etllnd a!eq reater than the tota I estinated cost,includino
5 danaoes;
5 the !"d ertllnd s ste,n ui.ll be of ublic u r i.1..i. t
rnd benef ir,and t.,i 1l pr omo te the pu blic he!l th;
(5)the asscssnen teq ainst thr st Ate has been p resented to
the board of xate r and soil rlsou ! ce s lnd thc boa!d has aq reed
y the !ssessnen t t
(71 the proposed t etland sy stem is p !!ct iclbIe; and
( 8 ) uritt en lDp roval of cou nti"s for issuinq bonds o!the
board of Hater a nd soi I rlsources for Davi n q Dublic vr lue
brnefits has been obtained.
(b) The orde!lIu st contain tha. ,etl rnd author i ty, s
fi ndi nqs, adopt and confi,rn the agDraisers'r!9ort as nade or
anended.and es rabl i sh thc DroDo sed eetland systam as repor ted
and lnended.
(c) A uetland s ysten establishld unde! this section is
DU bl ic uat€rs and nust be included on the Du blic urte!s
inventory, Es tabt i sh i nq ! natLafld svst?n does not i,e! the
Dublic anv qreatlr riqht of lccess t o the uctlqnd sy strrn than is
D rovided in section 10 3G. 20 5.
Y. The
cost shall be in DroDortion to th! brncfits llcrived unless
thlrr i3 ! cont rr r a son. An lual ito! of !n rffrcted count
nay Drtitlon th! rettud tuthorit
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Src. 43. 1103F.942, I APPORTIoNIiET,I1 OF CosT FOR JOrNT
},ETLAND SYSTEI,IS. I
For ioint Drocrrdinqs,the ruditor irh?re th! Drtition is
fil?d shall fil" ! c.rtifi.d copy of thr .DDrai.s"r3'rcgort si th
th€luditor of .ach afflct"d county rit hln 20 ihy3 rftr! th"
drta of the fi,nal ordlr lstablt3hio q the systrn. fhrn th" final
ord"r to ast rb!.ish th" uctlend sv Btrn i3 alda, tha t'atl.nd
ruthori,ty 3ha1I dct!rnin3 lnd ordcr thc gerc?ntaqc of th" cost
of the urtland 3y3t!rB to br Drid by lrch afflctad count
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y rftrr thc f i,nal ordr! is made
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to detcrr.rine and order the percentaoe of costs to be paid bv the
affected counties. fhe Hetl.nd authoritv shal1 hold a haa!inq
, r.- l]-.ra", orrrrno *.raa.n noar.. ao an. "uurao. o, .."n
!ffected countv. After oivino the notice to the auditors of the
affected counties, thc r{ctland authoritv nav, at anv tine that
it is nacessary, Eodifv !n ordrr or make an additional order to
allocate tha cost anonq tha affcct"d counties.
Sec. aa. II03F.9431 IUSE OF ]TETLAND SvSTEt{ AS AN OUTLET.l
Subdivision I. [EXPRESS AmtsORITv NECESSAIY.l l€j.4E
establisharnt of a e!tland svst€n, the DroDartv not assessed
benefits oav not dischrrqr ldditionrl floe of rr.ter to the
eetland svstrm as an outl?t uithout obt!ininq rxDress authoritv
from the eetland authoritv of the uetland svstc,n proposed to be
used as the outlet. This scction is lpplicabl,e to the
construction of a Dublic or Drivate drainlar sest€'t that outlrts
rdate! into an established uetland svstam rlqardllss of the
rctual Dhvsical connectlon.
subd.2. IPErrttoN.l@
astablished uetland svstem !s rn outlet nust petition the
lrrtland authoritv. Hhen lha prtition is filad, the uetland
authoritv in consuLtation rri,th the suditor shr11 set a tine and
locarion tor a hearino on the pctition rnd 3ha11 oiv€ notice bv
tnail end notic? bv gublication of the hrlrinq. The auditor nus:
be Daid ! fle of s25 DIus 30 clnts for rrch notice nailcd in
lrc"ss of tcn.
Subd. 3. IEEAnING. ] At thc hr!!ine th. i,ltland authoritv
shall consid"r thr cagrcitv of thc outlct {"tlapd 3vstctn. If
Gxprlss rutho!ite i3 qieln to u3! th" e:tland svst"m !s an
outlal, tha ectland authoritv ahll1 st!t!. bv ordar, lh" tcrms
lnd conditions for u!! ol thc Gstrblished tatllnd svstrn rs an
outlet rnd rhrll sGt th! asount to be plid rs an outlat fre.
Th" ordrr rust dcscribe tha Dropcrtv to bc benefitcal bv the
eatland svstcm lnd nust 3trtr tha lnount o! bencfits to thc
propcrtv for th? outllt. Tha plopcrtv brnrfitld is liabLr fo!
lssrssnlnts lcvird rftGr thlt tipa in thc ectland svsten, on thc
basis of the b.nafits as if thc bcnrfits had been detllnincd in
t2/20/90
I the oldcr as tabl ishinq thc a etland s sten.
Subd. 4. [PAynENf OF OUTLET FEE.I ThG outllt fec for a
proDosed rrrtlrnd 6ystcn i3 a prrt o tha co3t of the D roposed
e"tland syst!m rnd ir to bc D!id by a5s?6snent aq!inst the
prope!t y benrf i ed by thc propose d lretland sys tan rnd cledited
to th! rccoun t to rst!blish the rretlen d Bys t !m.
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7 S.c. 45. [r03r.9{{l ITETLAND SISTEfi AS OU?LEI FoR
8 XUNICIPALITY.I
Subdivi3ion l.IPEIIIION,I Aftr! r rrctl,.nd g Ystrn has been
"strblished, !nun i ciDa 1i t nry di sch a!a.dditionaL llow ofal
l{atlr lo a iratltnd s sten !s !n outlrt !o!it3 nunici p!1
drain.q" s ystem or the o v"rf lor., fron th" sy stcn undrr the
p!ovrslons of thi, s s"c t i on.th. nunic ip.1i t y tlust Detition to
thr t.,rtlrnd !uthoritv to usr tha elt l,and systln.Thr Dr:ition
nust:
(1)shou the D"crss i t for the us! of thr u"tl and s Steln as
an out Iet ;
(2)show tha t tha usr of thc rratland sygtarrr ui 11 bc of
public bene f i. t and util ity and Dronote th! Du b1i, c health;
(3t be lcconDanird by a Dllt shouin q thc location of the
e"tLand systln and tha I ocrtion qf th? auniciDrl draineqe
Sfst€m; and
({) br lccomDanied by specific!tion s shotlinq the plan of
qo!l!"ction flom the ouniciplL draineee 3ysten to thr u€ t land
tv3tt't.
Subd. 2. I AIPROVAL BI POLLO?ION CONTROL AGENCY.I thr plan
for connrctinq th" nuniciD!1 d!ain!Ec ayst€m to thr r,?tl.nd
svstlE oust b! rDDrov"d bv th"Dollution control, rarncv.
Subd,3.IfILING, rcTICE,I IqL: llrrocr?d i nEs to cst.bl j,sh
thr ertltnd lystrn to b! utlal a3 an outlat ara 9"ndinq, thc
Datition Eu3t ba filed eith th" audiror.Thc auniciDal dlr i naqe
sy3taln jetili.on nust ba prcsrntad to th" eetlrnd luthority !t
th" final hearina to consid!!tha alatri,l!d 3urvcy rrDort and
lDDr!i3!!S'!?DOrt.Notica of thr nunicl,p!1 drainaqe systrn
p4j !jS! E!!! !r i].lcludld ln th. fin!! h!!rinE notic".
(b) If the eatllnd lvstrn lo ba us"d as an ostllt
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IREVISOR ] XX,/llR 91-O{ l ia
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t2/20/90 IREVTSOR ] XXl[n 9t-041{
rstrblishcd, th! aunicipal drainaqc sy3ten Dctition nust be
fi l?d eith thr auditor.When th! Detition iE filed, thr r,,ctland
luthoritv ip consultation rith tha rudito! 3halt, bv ordrr, set
r ti,ne and Dlacc for hGari,nq on th! pelition. Notic! of th€
hcalino nust ba qi,vcn bv Dubllc.tion and bv alilrd noticr to the
auditor of "ach rffactcd countv.
Subd. {. IBEARING AND ORDER. ] (a] At the herrinq the
uetland ruthoritv nlv racaiva all Geidrnce of intrrest!d pa!ties
!9r or eEainst thr qrlntinq of thr Detition. ThG uetland
.uthoritv, by order, nav authorizG tha nunlcip!1ity to use the
eetl.nd rvstan rs to outl,Gt. rubilct to thc conditions that arc
nlcrssarv tnd proDer to Drotact tha riQhts of the Darties rnd
safaoua!d the intc!!sts of thr q"naral public, if the eetl.nd
author i tv drtrrminrs:
(l) thrt a necassitv exists fo! thr usa of the eatland
5ystan as tn outllt for thc nuniciDal drrinaoe svsteh or the
Overflol. fron the SyS tan i
(2) thrt usc of thc e!tl..nd 3vst.m eill bc of publ.ic
utilitv and Dronote the DubIic hGllth, lnd
(3) th.t the gropo3rd conncction ionforns to thr
r"ouirenants of the Dolluti,on control rqencv and Drovides for
thr construction rnd usc of DroDer disDosll eorks.
(b) Thc retl,and !uthoritv nust, bv ordar, nlkr th!
nunicipalitv a p!rtv to thc proccldino3 and daterni.na the
brn"fits from u3inq th! e"tllnd lvst"n rs tn outlct.
Subd. 5. IBENEFTTS AND ASSESS}TENIS tF WETLAND SYSTE}I IS
ESIABLISIED.I !t th. e"tllnd 3ystrn i3 lrtrbli3h.d, th. rcrlrnd
luthority Eu3t datarnlna tha raount tha aunicjpal,itv pust prv
lor thr privilaqr ol usinq tha eCtlrnd tvstcn !s tn outllt fo!
rdditionll flos. th. lnount iust b! prid to thr affrctld
countils lpd crcalitad to thr account of th" eltland rvitan u3ed
r3 rn outllt. Ih! puniclDalltv lr lirblc for rlt subr"oucnt
licnr and t3s:3h"ntr lor tha rcpair anal n intcnancr of th"
ectllnd rvitcn i,n ploportiop to th" banafit3, rs thouqh tha
brnrfits rrrre d!ta!nincd 1n th" ord!r !st.blishino tha eetllnd
tvs ttm.
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CONSTRUC?ION OF I{ETLA}ID SYSTEI{
s.c. {5. [103F.9451 ( CoNTRACI AND EoND. ]
Subdivision 1.I PREPNiAITON. ]The enq i, nee!rnd the ultLand
ruthority at torne y shrll DlaDa !e thq contract and bond.the
contract and bond trlust includa the D!ovi,sions !rqui r€d b Y thi s
chapter lnd sact ion 574.26 tor bonds qiven bv contractorg for
Dublic aorks rnd nust br conditi onGd ls p roeidrd by sect i on
57 4.25 tot thr b"tter 3ecurity of thr cont ract i n q counti,rs and
P.!ti,as performi nE l,rbor lnd furnishinq n tarj,at in pe r fornance
of thr contrsct. fh! Drapalad contrrc! rnd bond trlust be
rttachad and grovid"d to thr contractor !o! rr lcution.
Subd.2 I CONTRACIOR'S BOND, ) The contllctor sha1l fi]e a
bond eith the audito! for an l|lount not l!3s thln 75 pa!ccnt of
th" contr.ct price of the work.Thr bond nust hrec sdequ!!e
surrtv and be aDprovad by the audito!,thr bond nust Drov ide
thd: tha suretv for thc bond is lilbl! for all dam.qes rcsul.tino
fron a failur€ to Derforn rrork under th" contract,. rrh"thc! the
eork is rrsold or not,and thlt ! pc!3on or Dolitieal
subdivision shor.rinE danaEes !lon tha !eilura to p?rform eork
under th" contrrct nly naintain en rction a9!inst th€ bond j.n
thcir oen nlnes. Actions may bc succrssiv" in favor of all
p"rsons injurrd, but th! aEqraE at. 1.llbility of tht surrtv fo!
sII thr dlnagls may not lxcecI! thr rrEglnt o.L the bond. th€
surrty i3 1ilblc for tha tilr irork ourrlntcad by thc
cont ractor .Th: contractor Ir considlrrd ! Dubltc officrr .nd
th. bond !n official bonil uit hin the naenino of 3lction 5?a.2{
construlnE thr off icill bonds of pu blic offic"rs as s?curity to
rll D"rsonG rnd grovidinE lor actiont on tha bonds by r D.rty
that i. damaqrd.
Subd.3.I coNTRACl, ]thr contract [ru3t contain ! rpccific
d"scriDtion of thr eork to bc donc. lith"r t xDt
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51.vorbv
!afe!rnc! to tha DIrns !nd tPacific!tions,lnd DuBt Dlovide th. !
thG eorh nust ba donc and c onDlrt"d as Drov id.d in th" glrns and
rprcificrtions rnd rubi act to thc in3pcction rnd approvll of the
rnqinee!.Th" contract Eust P loeide that tine i3 of th! lssrncr
rnd !h!t if th?rc lt . frilurc to Derlotn lheof thc cont ract,
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5{
uolk lccoralinq to thr tcrns of thr contract rrithin the tilrc
aivcn in thr'oriqinal coptrlct or l3 artcnded, thc contrlctors
3h!I1 forfcit.!nal pav countica rn rfiount strted in lhe contlact
as liduialatrd drMoas, ?hr lnount nust b! fixed bv thr rudltor
for arch drv thrt tha failurc of pcrfornancr continues.
Subd. 'I. ( CONTRACT PNOVISIONS FOR .CEANGES DURING
CONSTRUCIION,l Thc contract Eust oiv! thr cnoinlr! the riqht,
eith tha congrnt of thc rctlrnd luthoritv, to nodlfv thc
dctailad survlv rlDort, Dhns, end tpeciflc.tions as tha uork
proccads lnd as circunst!ncaa rlouira. lha cont!lct tpugt
proeide thrt tha lncraas"d cost rarultinq fron thr chanqas eill
be plid bv the ertland ruthoritv to tha contrlctor rt ! r.te not
qlcatlr than the anount lor linilrr eork in the contract. A
ch.nor lnav not be t[!dc th.t eill aubstanti.llv inprir thc
us!fulness of rnv Dart of tha uctl!nd 3vst!n, substantirllv
!lt"r its oriqinal chlractar, or inelrasa its total cost bv Eole
than tan pcrcent of thc totll oriqinrl contract Drice. A chanqe
Eav not br nsde thlt eill causr thc cost to axc"ad thc totrl
astinatcd bcnrfit3 tound bv tha t atland authoritv, or thlt eill
causa any datrinGnt!1 "f!"cts to tha public intlrlst undrr
scct ion 2.
Subd. 5. ( CONIRAC' TtITll FEDERAL UNII. I If.nv portion of
thc aork ig to be donc bv thc United Statcs or !n aocncv of the
onitcd statas. a bond or contlact is not n"crssarv for that
portlon of thc aork, arcapt th.t a contrrct pust b" a!d! if the
onitcd Strtca or itr aqlnclas r"oulr! ! contract ulth tha locr1
oovGlurntll unitr. Tha contllct nu3t contain thr tcrD5,
conditioni, DrovIrlonB, rnd ou!ranti"5 rrouirad bv tha Unit"d
St.tcr or lt3 aoancias to Drocrad elth the solk.
gpbd. 5. [TIoDIPICAIION oF CONtRACT EY AGREET{ENT.l t!:
chlptar docs not prGelBt tha partonr rith DroDcrtv rffcclad bv
th" conBtruction of r eltlrnd rvsttn lroG unitinq lrl a urittan
rqracncnt elth thr contractor rnd th! 3uratv of thr contractor'3
bond to Eodifv th! contrtct ls to thc Eanncr or tirrr then anv
portion of th! eltland 3vttrrn tr con3tructrd, if tha
Dod!ficltion ls lacortE"ndcd, in uritinq, bv tha "nqinca! .nd
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L2 /20 /90 IREVISOR I XXlHx 91-0 4l {
55
lpDrov"d bv thr r,?t1and rutho!itv.
s.c. a7. tro3r.9i5l I ArAaDrltc tBE Co\STRUCTTON CONTRACT. ]
subdlvision l. IAUDITORS AND HETLAND AUIBORIIY TO
PnOCEED. ) qhirtv davs aft.! th. ord?! :st.bllshinq . rrctland
rvstlm i3 fil,edr th! luditor and thr erthnd authoritv o!, lor a
ioj,nt urtltnd svstan. e pioritv of !h" auditors of thc affccted
countias shall p!oc""d to aeArd tha contrrct to construct thc
ertlrnd Svttrn.
Subd. 2. IPENDING APPEAL oT BENEFITS AIID DN,IAGES.I If an
lpplal raolldino thr d"tltEination of brnlfitr lnd drnaqes is
ard! uithin 30 dlvs aftrr thG ordrr a3tabl.ishinq th! rrtland
rvst"n has been fil"d. a contrlct plv not b? award?d until th!
tppeal hr3 b"!n datcrmincd, unL?38 tha rrrtl,rrd ruthoritv ordrrs
the contrrct aeardld. Th" tuditor of tn affrcted countv or en
i,ntlrastad pllson nay rrou"st th? rrltland ruthoritv to nake thc
ord"!. If the raoscst is not nade.bv !n .ff"ctad auditor. thc
luditors of affcctad counti"s nust bc qivan notice fiu€ davs
blforr thc h?arinq on th€ rroucst.
Subd. 3. INOIICE OF CONTnACT Ai{ARDING,I The luditor of an
rff"cted countv shall oiva notic" of thr.{rrdinq of thc
contract bv Dublicltion in r nrwsp.prr i,n tha countv. The
noticr aust statc th! tinr rnd locltion for as.ldina thc
contract. For a loint u"tlsnd svstan thc auditors 3h!lI award
th" contlrct at tha officr of th! ruditor uh"!r thr procr"dinos
rra pGndinq. If tha astiutad cost of con3truction lr lore th.n
S3,000, thr .uditor rhrll alto pllcc a notlce in. construction
tlrde D!D!!. Ihe trrd" DaDar notlcr lrust ttttc:
(ll th. tina rnd loc.tion for .elrdino th" conttlct,
l2l th" rDDroxialta lDount ol eork rnd.lt3 astinatrd eo9t,
l3t thlt bidr !.v b" fo! thr rork rr on. lob. or lr
t?ction3. or srgaratalv, lor briders, ditch"3 lnd oDrn eork,
tll!, or tilr conltruction rorl. lf taouirrd o! ralv.itlblc;
tal th.t a.ch bid Du3t ba lcconDlnied bv a certitird ch"ck
or a bond lurnishlat bv an approvad 3urltv corDor.tion grvablr to
tha ruditors of affactGal countlas lor trn Delcrnt ol th! bid' !s
tacuritv that tha biddar eill rntGr lnto ! contract lnd oivc a
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bond .s r"quirld by rlction {5; lnd
(51 th!t thc artlsnd !uthority rcs"rv"s thr r iqht to !ej!ct
any and !11 bids.
Subd. ,1, IENGINEER SEAIL ATTEND Ar{ArDtNG Op CONTMCT. ] The
rnginrer a cnd tha ncr ting !e tuard th! contr.ct. A bid
aay not ba acc cpt.d t,i,thout th. !nqincrr's !lovaL of
comDl ian ca eith plan3 rnd s DE cification6.
Subd. 5. I EOI{ CONTRAC? IAy BE A$A!DED. ]The cont r act nay
b! aua rdcd in onr job, in tcctlong or seDlratclv fo! labor and
nrtcrial and llust ba llt t O th" lotC3t rasponsibLe bidd!!.
Subd. 6. IBIDS EXCEEDING I3O PETCENI oF ESTIHAIED cosr NoT
ACCEPTED. I Bids thlt in tha.aorroata rxcerd th! tot! 1, astinated
cost of construction bv nor c than 130 De rcent nay not be
!cccDted.
subd. 7. IATFECTED COUNTIES CONInACT rEnoucH AUDttoR.l &9
e!tLand !uthority and th" ludltor of alch affacted county shall
cont ract ,in the names of thair rasDa ctive count ies, to
const !uct tha Hetland svs t.n in thc ti n! lnd nanner lnd
.ccording to thc plens and spc clflc!tions and lhc cont ract
D rovisions in this chapt"r.
Subd, 8. I t{ORl( DONE By PEDERAL GOVERNii{ENT. I
ertlind eork is to ba don! bv the Unitrd Strtrs or
If rnv of the
its loencias,
56
! notice of airardi,nq that Contract doas not nGGd to bc published
rnd r contrlct for thet construction i,s not nrcrss.rv. Affrctad
punicipll,itir3 orv contract or rrrrnoa irlth thc United Statrs or
itt accncirs lor cooDrration or rs3i3ttncG in constructinq,
paintainino, tnd oDaratino tha rratlrod tvstan, lor control of
ertars ln thG di3trict, or los pekino a survav tnd Inv"3tiq.tion
o! rrportr on tha rrthnat rv3trp, Th! runiciplliti!i plv
Drovid! raouirld oulrrnty rnd protaction to the gnitad Strtes or
it3 aqencira.
s!c. a8. ll03F.9a7! [ EROCEDORE tP CONTRACa rS ]rO! ATTAiDED
DUE m BIDS On COSTS.I
Subdivt3ion L. ICONDIIIONS !O USE PROCEDUnE IN TBIS
SECIION.I fhr ploc.alurr in thlr 3.ctlon [t!v br u3rd if rftcr .
eatlrnd 3yrtan tr artrbli!h!d !
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(l) thr onlv bids saclived are for nor" then 30 perclnt in
axcess of tha lnoinler's rstinated co3t, oE in ";ca3s of the
benefits, lcss danaoes lnd othc! costs; o!
(2) a contrlct is.aulralcd, but du" to un.voidabl? dclavs
not cluscd bv the contrlctor, the contrsct cannot bc conpllted
for an lnount aou.L to or IGls thrn tha bcn"fits, :,ess danaoes
and othar costs,
Subd. 2. (PEaIIION APrEn COSI ESTIITAIE ERnOR OR CBANGE ro
LOIIER COS!.l A parson int:rrlt"d in thc rrctland svstcn n.v
prtition lh" wetlsnd authoritv if tha palson deternines that the
!!!inee! [!dr an error in th" astioltc of thc eetlsnd tvsten
cost o! thrt tha pl.ns and sDrcifications could bG chrnocd in r
eenner tlrt"riaLlv .ffcctinq th! cost ol tha l,rtl,.nd svst"tn
uithout intarferinq eilh tha lfficicncv. Th" prtition rnust
state tha Dcrson's d"termi,nations and rlqucst thlt thr datai.lrd
sureev raport lnd lpprriscrs' rapoft ba r"f"rred back to the
anainaer rnd to the rppr!i3ars for ldditional considarstion.
Subd. 3. IPETITION AEIEI. EXCESSM COST DUE TO
INFLATION, J (a) A person lnta!rstld in thc ir":land svst",!. rnav
getition thc tl"tl,and authori,tv for rn ordr! to r"considr! the
detailcd aurv"v report and lpprliser3' rcport if th" pclson
dc te lni ncs I
(L) that bids tderc rlcrivrd onlv lor ! p!ic" norc than 30
percent in crclss of the datlilld aurvav repo!t cstitlltc because
infl!tion lncra.slal th" conrt!uction co3t bctealn tha tittl! of
tha al"tlil?d rurvlv colt "stlaat" rnd thr tinc of aerrdino the
contract t or
(2t thlt lftrr.tha contrrct uls auardad thr!? t.ls
unlvoidabl" dellv not clu3ad bv th" contrrcto!, lnd b"teaan thr
tine of ru!rdinq th! contrrct and coilplction of conatruction
lnflation lncr"lreal con3truction cost! rasultinq in thc contract
not blino conplGtrd lor an mount asoll to os 1!53 thrn thr
a3slss"il brnrf i ts,
tb) th. Dalson lrv raou?st in th? D"tition that thc iretl,and
ruthoritv !.conside! th. orioinal, cost tstinat! ln tha 6ctriled
aurv"v rlport rnd appr!!!e!3' raport and rdiust thr co3t
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IREVISOR I XXlr.l.R 9I-0 414
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t2 /20 /90
astio!ta con3lstant l,lth th! lncrG!s!d construction co3t.
Subd. ,1. [SEAnING OBDERED AIIER nECEIPT OF PETIIION.)
After s"caivinq ! pctition, tha eetlrnd ruthoritv shll1 orde! a
h!.rlnq. ?h; oldas Eu3t dcsionatr tha tlnr rnd place of the
h.arino rnd dlr.ct the .udltor to qivc notice bv publicltion.
Subd. 5. ISEAnING ON COST PEIIIION.l (a) At th. he.rinq
th€ eetlapd ruthoritv 3hall considcr tha prtition lnd hcar !11
intrrest"d Dartils.
(bl lh! rltl.nd ruthoritv nrv. bv ord.r, authorlz. the
cno.inrer to apcnd the drtai,lad survcv rGmrt, lf tha rratlrnd
luthor i tv det?lpines that:
(ll tha drtailrd 3ururv rlport co3t astitrata uas crroneous
.nd should ba cor r"ct"d i
(2) th. pllns lnd Bp.cificltions coqld be chanccd in a
n!nne! o.ta!i.llv !ffactino thc cost of th! eetlrnd !9stem
eithout IntcrfGriBo eith thG afficilncv, and
(3) rith the corr"ction or nodificati,on a contrrct could be
!e.ld€d rri,thin thr 30 p"!cant liEit!ti.on anal equal to or lcss
thln bcnrfits.
(cl If thc aGtl.nd ruthority datarninrs that tha anendrd
chanqes aflrct the lnount of bcncfits or danloes to lnv propeltv
or that thc bcncfits should ba rc€xanln"d bacause of lnflrted
Irod v!l.uas or lnflat!d construction costs, it sh!lL rafcr the
rDDraislrs' rcDort to th! aDDrrisrrs to recraEin" thc ben"fi.ts
lnd danaqcB.
(dl thc ratllnd ruthorltv e!v. bv ord.r, dirlct thr
cnoine!! rnd roDrai3crs to anand thcir datlll"d survrv r"9ort
and rDorrl3rrr' rlport to coniidar tha lnflrtionary co3t
inc!arsrs ll tha vrtlrnd authorltv dctasninca thatr
(l) bldr rlrc not lacaivcd; or
(21 brcaua! of lnllallonarv construction cost incrarscs,
coostructlon undar thc relld"d contr.ct crnnot br conplatld fo!
30 Dllccnt or llss ov!! tha d!t!il,"d rurv"v co3t lsti,nlta or in
Crcass of tha bcnrfit3, 1a33 d.mra"s and othrr costs.
(cl lha r,atl,rnd ruthorltv nav contlnue th? hc!rino to qive
th! rnqinaer or apDrairart aatditional tina to rncnd thc rcports.
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t2/20 /90 IREVISOR I Xxlr,lR 91-O 4r {
the ju!isdicti on of thr e.t land !uthor I tv con tinuas at the
!di ourned hra lno.
(f ) Thc a"tland hority has tull, .u tho! i ty to consider
thr !n!nd"d rlports and nrk!fi.ndinqs lnd ordlrs. A p!!t nay
appeal to the di s trict cour t.
Sec. '19. Ir03F.9{8) [DATLAGES; pAynENT.l
Th€ eetllnd au thority uh re the qed DroDe ! ty is loca ted
Dust older th"ae!!dcd datnae cs to bc D.i.d,l"ss any asse ssmen t
against the DroDc rty,brfora the DloDr r t is rnte!cd for
constluction ol t he eatlrnd svs tem.l! ! county or a
Eunicipality thrr is .er rd"d damaq "s requ?sts it, the a s sessmen t
Dry not br dcd uctrd.If thr!r is rn eppcat,thr drrnaqes may not
be paid until thc finrl detr!ninatioD. tf it ia not clra !9,ho
i3.ntit1"d to th"danaqes, th e r,"tland authoritv nav Y the
drttrlges to tha cour t ldninistra tor of thr d i3trict cou!t of the
county.The coult shlll d i rect th!. court .dnini str!tor, by
ord e!to Day th!rtl"s e,!tit].d to thc damaqcs.
Sec. 50. 1103F.9{91 [SUPERVISION OF CONSfRUCTION. ]
The eetlrnd auth ority shal l r.qui!? the Gn inerr to
sUD€rvts?and insDect the construction undr !contract. The
r,atl.nd autho!ity shalL ceuse th e cqlt!!cts under this ch.Dte!
to be pc ! folnld ProDe ! ly .
Sec. 51. [103F.9501 [EXTENSION OF II}{E ON CONTRACTS. ]
The luditors of rfflcted co unt irs n.y cxtcnd the tine f or
tha D! r fornrn cc of a contrlct !s providad in this srction.The
conttactor Dr9 lDDly, ln ur i t inc,tor tn crtcnrion of th"
con tr.ct. Notic! of t h€a DD1 icrtion nu3t ba qivrn to!
{1) the ?nai,n"r!rnd thc rttornay tor thr Datitionrrs ; rnd
(2) for ! iolnt rctland Bvstlm to th! rualltors o! th.
rlfactrd countlar. lh! ru di to rB aly qrrnt rn axt"nsion if
tufflci"nt rlasont alc rhoen.thr ?xtrnsion does not afflct.
clairD for liqlldrtad daruoas th.t Ea y arlr! a!tar thr oriqin!I
tin" "xDiras rnd br torr !n cx t ln3ion or a clria thrt tnav rrisc
r!ta! thr t lmt fo! tha rxtansion rrDir"t.
s.c. 52. Ir03F.95r] IREDUCIrON OF CONTRACTOR,S BOND.I
IAPPLICATION rO IIEaLAND AU'HORITy.I !!9Subdivision 1.
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r2 / 20 /90 IREVTSOR ] XXlr,R 9l-0 { 1a
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contrlctor, !t tha lnd of alch Scason's uork tnd bcfore th"
contract is conplrtld' mlv nake a varifird aDplication to tha
eltllnd authorlty to rrducr th! contrrctor'9 bond lnd file the
application rrith thc luditor. Thr applicrtion nust statc:
(fl thr rork crrliflad !s cotlplctad bv the anoinee!,
l2) th! c!rtllird eork's v.lu!;
(3) tha rnount of eoncv rlccivld bv thc contractor and the
lnount r?t!inrd i
(41 thc tnount ungaid bv the contrlctor for llbor or
eaterial iurni3hrd on th! contract; lnd
(51 a raoua3t for !n order to raduca the anount of th!
cont lactor ' 3 bond.
th" rppLic.tlon aust bc fil.d rrith thc audi.tor.
subd. 2. lNorIIcE oF EEARING.I !@p!.I_iS4_l9Li9
filed, the auditor, bv ord"!, rhrll lat thr tirnr lnd location
for r hlarinq on th" rDplicrtion. ,?an davs brfore the hcarino.
notic€ ot thc halrlnq nust ba publish"al ln oach affectrd countv
and noticr bv nail oivan !o the anainaar, tha lttornav for the
pctitioners, rnd th! luditor of a.ch rffcctad countv. Thc
contractor trust Dlv tha cost of thr h?rrinq notice bv
Dubl i c!t ion.
Subd. 3. IHEIaING, REDUCTIoN oF BOND.l rygj]nq
authoritv n!v, bv ordar, rrduce th" contrlctor's bond if it
datlrEinGs thrt tha contracto! i3 not ln d!!!ult and that r loss
uill. not rasult fron raducino thr bond. Tha bond alv b! raduccd
to rn lpount aulficilnt to prot.ct thr rffect.d countils fron
loss and drnaqa, but tha reduction,
{tl uv not b? lorr thln 35 parcan! of lhr anount rlraadv
p.id to thr contractor t
(21 nlv not aft"ct tha rGplinlna lnount of tha bond, lnd
(31 do.3 not rlfcct li.bilitv incurrrd on th" bond bcfo!.
th" r"iluct lon.
SGc. 53. trO3F.952l IcoNTRACToR'S DEFAULT. )
Subdiviiion l. INOIICE. ] I! ! coptr.ctor d"frult3 in th€
perfortnlncc of thG contrrct. tha lualitor rhrll a!i,], ! notlc" o!
tha dcfault to thc contractor, tha 3urctv of tha contrlcto!'3
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t2/20 /90 IREVISoR I xx,/[R 9I-0/r 14
bond,thr enqin!e!,lnd the audi to!s of the !f flc ted counries.
fhe not icr nust sprci th" de'aul,t rnd !t ..'f th.t if the
d"fault is not Dr OrnDtlY ramov!C 6nd the cc ac t co[lp1"tcC. the
unfi.nishrd Dortion of th! cont tct eill br.ualded to rnothc r
5l
contractor.
Subd. 2. ( COTTPLETION OF CONTRACT By SURETY.I If thc aurety
of thr contr.ctor,s bond prooDtlv Dlocrcds ulth th! cottlplltion
of th! contrlct. thr alfGctGat ruditols oav orant rn lxtcnsion of
tine. lf the contract 13 conplat"d bv tha srlrtv, thr ballncr
du! on th" contlact nu3t b! plld to tha rurclv, lrss damrqcs
incurrld bv thr rffcgt.d counti.t lron the dafrult,
Subd. 3. I AflAnDING OF CONTRACT, RECOVERy ON BOND.I If rhe
sulatv of tha contrlctor,s bond do"s not undrltaka th!
conpl"tion of th! contrrct or do?3 not conpleta th! contlact
irithin thc tine sp.ci.fi.d or axtlndGal. rudi.to!3 of the lfflcted
countirs shall .dv!!li3e for blda to copplltc th! contr.ct in
thr trlnnrr provided in the orioi,nal rlrlrdinq of contrlcts. The
nrtllnd authori,tv pav !!cov"r the incraasrd lnounts Daid to a
sub3aoulnt contr.ctor rfter rCsrllino th" eork, and d.rnaqes
incurred bv affectld countias, frotr tha !irrt contractor,s bond.
scc. 54. [:.03F.9531 [ACCEPTANCE Oa CONIRACT.I
Subdivision 1,. IENGINEEn'S nEpORI AND NOTICE.I @g
contrrct is conplcted. tbe lnoinrcr Bhall, nska r r!Do!t to the
rrettrnd ruthoritv ihouinq thr contract price, !h! .mount paid on
ccrtifi,crtcs, th! unplld bthnc!, tnd th! eork thlt is conplcted
und.r thc contrlct. l{han th! raport is lil,"d, th. aualito! 3h.1I
3"t a tina lnd locltlon lor r hearino on th" rGport. ?hc
audito h.Il qiva notlcc ol thr h".rinq bv publication or
notic" bv 8.11 .t lt.Bt tcn d.v3 b.for. the hcrrlnq to th.
ounlrt o! rffGctld DroDartv. th! noticr putt 3trta lhet tha
rGport is filld, th! tl[l! lnd locrtlon lor thc hcrrinq, .nd thlt
! partv obiactinq to tha acclptrnc! of th! contrrct nav aDDrar
lnd b! h!r!d,
Subd. 2. tBEARING.I Ar the h.rrino th! eltlrnd luthoritv
nav. bv order, dlract prvnlnt ol the bllenc" dur if it
dGtarmlnc3 that tha contract h!! brrn col[plltGd ln lccordrnc?
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L2/ 20 /90 IREVTSOR ] XXl]rR 9l-041{
rrith thc Dlans lnd rDrclficati.on3. If o ood c !u3r is shown, the
$rtl.nd authoritv oav ualva lny prrt o( thc liduidrtcd dlnlqas
lccruino undrr thc contr.ct. nhrn the ordcr 13 filcd, thc
ret]lnd ruthoritv 3ha1l pav lor tha bllancc dur on the
contrrct. For a ioint uetland 3vstlm the luditor shall nrkc an
ordlr to tha eetlrnd luthoritir3 to plv for thrir proportionste
aharrs of the brlenca duc on thc coptract. Aftcr raccivine the
ordr!, th" ertlrnd luthoritias 3ha!,1 pav tha arnount splcifiad in
the ordar.
S.c, 55. [103P.95{l I nEaLAND LIEN STATEIENT.I
Subdivision l. I DETERflINATION OF PROPERTy LIABILIIy.I l{hen
the contract for tha construction of ! uetl.lnd sestcn ig
rtJrrdcd, the auditor of lrl affrctad countv shal] nake a
stat"E"nt shoeino th! total cost of th! uctLand svsteh eith the
astinrtad cost of rl,l it"ns laouiled to con9lltc th! uork. The
cost lrust b! prorrtrd to aach trrct. of proD"rty affactcd in
direct Droportion to thr blnlfits. th" cost, lrss rnv dsnlqrs,
iB tha rnount of lilbilitv tor arch trrct for tha eatl,and
svstcn. the propcrty liabil,itv oust be shoon in the tabulrr.
statcncnt under subdivision 2, opDositr the DroDcrtv oenrr's
nane and dcacriDtion of each trlct of propartv. The anount of
liabilitv on a trlct of propertv for rstlblishn?nt lnd
construction of s uatllnd svstcn lnlv pot arcead the bencfits
detarminad in thr ploeardinqs that accruc to thr tr.ct.
subd. 2. I I{ETL ND LIEN STATET,EIT.l @g!&L e!_gs!
rfflctad countv 3hrll plka a llan rt.tlncnt ln tabular forn
3houi nq:
(l) th! nrnr3 of tha Droplrty osnar3, corDolrta lntitl"3,
or politicrl subdivislonr of th. countv bencflt"d or dlIrltold bv
tha conitruction of the elthnd 3v3taE in thc rpDr!i3"rs' raDort
!s lpplovtd bv tha finll ordcr lor rltlbli3hnant;
(2! thc drscrlptlon of th! Droprrtv in th! rpprai.3cr3'
r"port, rnd thG tot.l nsnbar o! lcrrs in cech tract lccordinq to
the county t.r lirtr,
l3t thc nunbar of rcrrs banctitad or d.nroad in cach trtct
BhoHn in th" appraltar3' raDort;
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63
({} the rnount of bancfit5 lod dln.acs to each tract of
Droperty rs 3trted in th" lpplaisrrs, raDo!t and confj.lned bv
the final ord"r that rstabllshld the eatlrnd 3vst"m unllss the
order is lpparlad rnd r di!fllGnt lnount i3 s"t: lnd
(51 th? anount each tract of Dlopartv uill be lilbla for
and nust prv thc rethnd lutholitv for th! rst.blishnlnt lnd
construction of the eatland lvstln.
Subd. 3. I SUPPI,EXEFTAL nETTAND LIEN STATE]rENT. ! If anv
Itans of tha cost of thr l,atllnd svstcn h.vc been oaittcd fron
the orioin!l wetl,and lien 3tltenent, ! 3upplanentaL rJrtland lien
stat"hcnt ui,th the onittad itans llust be olde lnd secorded in
thc san! olnnrr provid"d lor a e"tlrnd 1lln stlt?nent. The
total .nount of the oriqinal rrtland lirn lnd anv rupplGrr"ntal
eetland licns nav not rxc"rd lhe bcnrfits.
Subd. ,1. [RECORDING ]'EaLAND LIEN STAIE!,IENT. j rhc a.tllnd
lien statcnent and supDlrhent!l eetl,rnd Iian 3trtrm?nts nust be
crrtified bv the ruditor rnd record"d bv tha county rlcorde! of
the countv r.rhcrr the tract is J,ocatad. ?ha countv racoldcr's
fces fo! lrcoldinq nust b? plid on al,lorlncr bv th! rr"tland
!uthoritv. ThG e?tlrnd Licn strt"$lnt and lnv supplan"ntsl
r,atland Llan st!t"nents, !ltar recordina, nust b€ rcturnld lnd
prrs"re"d bv thc !uditor.
' s"c. 55. Ir03F.9551 [EaFECT Oa rILED 0ETLAND LIEN. ]
Th" lnount rrcordad on thr eltlrnd li"n stltemrnt and
3upplrn"ntrl ectllnd li?n ttatenants that alch trlct ol 9!ope!tv
uill b" lllble for, lnd th" lntcrlst rllould on thlt rnount, is
a r'atllnd ll"n on thr DloD"rtv. Tha r,rtllnd liGn ir a first and
Drrrnount llan until lullv Daid, and hr3 Driosltv ovar rll
ao!tolqrs, ch!ro"s, ancunbrancGs, and oth"r lians unl"ss the
countv board tubordinlt!3 the r,"tl'and llGn to c!3an"nti of
record. Tha r"cordi[o of tha ratland li"n ttltantnt or !
3uDplcnlntal r,"tlrnat tirn 3tatanent ti notica to sll Drrti?s of
!h" rxistrnca of the e"tland licn.
S!C. 5?. IT03F.956I I PAYIENT OP TIETLAND LIENS AND
INTEREST. I
Subdivision 1. ( PAyI{ENT oF t{E?LAND LIEN PnINcrPAL.l l3-L
L2 /20 /90 IREv:SOR ] XXlxn 9l-0{ l,4
5{
I
2
3
a
5
6
7
I
9
10
l1
t2
t3
l'l
l5
l6
l7
l8
:.9
20
2I
22
23
24
23
26
z7
26
29
30
3r
32
33
3a
35
36
tletl,.nd licns .q!inst propertv blnrfited undrr this chaetcr rrr
p!v!bl? to thc trrlsure! of thc countv in liva or lrss coual
rnouaL in3tallnents. ,h! fi,rst ln3tallnent of the pri,ncip!I is
dua on or b"tor! Novctpber I aftrr th! {rtl,and lirn statanrnt is
recordad, lnd alch aub8eou"nt in3tlllnent i5 dur on or bafolr
NovatDbcr I of a.ch yalr lftlruard3 until th" DrinciDal i. Drid-
(bl Th! rratland ruthoritv Brv, bv ordc!, direct thr eatland
liln to bc Daid bv ona-fifth ol th! princip!1, on or brforc five
yclrs from Novlpbar I lftcr tha Liln strtenant is rccordad, lnd
ona-fifth on or blforc Novembcr L of Grch vca! rft?roards until
th! principal is pli d.
(c) Tha eetland authoritv nlv ordar thet th" rretlend Li"n
nust bc Drid bv onr or teo installtnrnts, not$i,thstandino
pr!.qraphs (a) and (b), if thc p!inciDaI anount of a lian
aqainst a lot o! tract of DroDartv or tqainst a countv o!
nunj,ciDalitv is l!ss thrn S500,
Subd. 2, IINIEREST, ) (a) tnt.r"st is rn rdditi;n.t e?ttrnd
Li"n on all propartv until Dlid. Th? intrrast rltr on thr
ertland l,icn principll eust bG 3at bv th" countv borrd, but Bav
not cxcacd s€van Dclc?nt Der vrlr frotll the d!t! thc rr?tland lien
Statcrlant i3 racordld,
(b) Brfore tha tlr lists for th! vclr lra qivrn to th€
countv tr!!surer, thc tuditor 3hall conput" thr lntarcst on the
unpaid bllrncc of thc e"tllnd licn at tha rttc art bv th" counrv
borrd. Tha raount ol intalast ouBt br conputrd on th" antir!
ung.id Drincipal lron tha data th" i,Gtland li,en srs rlcord"d to
Auoust 15 of th! nart clland.r v!!!. rnd aftarelrds fron Auqust
15 to Auqu3t 15 ol trch vr!r.
lcl lntgrr3t ir dur rnd prvrbla !fta! Novanbar I o[ clch
vtrr thr rrtllnd lian pti.ncipal or lntarast lr du" rnd unplid.
Subd. 3. ICOLLEeIION OF PAyltENTS.l lqt.r.ir .nd lnv
lnstallo"nt dua nutt ba tntcrGd on thr ttx Li3t3 lor th! valr.
Thc iartall,elnt rnd lntarrst nurt ba collcctad in the 3anc
prnner at taal rstata ttxls for thtt vetr bv col,llctina gnr-half
of thc tot.l of tha lnrt.llnan! and intcrast elth rnd as. p.!r
o! thr t!!l astatr t!x!s on or bclorc r,bv 15 tnd on!-h!lf oo or
I
2
3
1
5
5
7
I
9
10
1l
l2
13
1a
l5
t5
l7
l6
19
20
2t
22
23
21
25
25
21
28
29.
30
3l
32
33
!{
35
36
L2 /20/90 lREvIsoR I xxlxn 91-0{l{
befor" oc tober 15 of th e next vcar.
Subd. a. I PRTPAY]IENT OF IITIEREST, ) tnt.!t nay bc id at
any t iE!. conDut"d to th! data of Drynent,rxccDt that.ft !r the
int!!aat is ant ?!t n the tax 3t8 for th"-_Iqr!, it i,s luc as
rntrrrd,irithout r r"duction for DrrDa ynent .
Subd. 5. I PAYIENT OP i|ETLAND LIENS nITS BONDS.I lh" counry
boa rd y direct tha c ounty lratSurrr t o accaDt rnv Ou ts tand i nA
bond thlt is a 1.o!1 ob1l q!t ion of thc county under th is chapte!
lssucd on account of t lrt tland I i,an ln Daym?n t of uatland L i, cns
undlr lhr Drovisions of this chrptar.fhc bonds Eust b.
accrpt"d rt th€ir prr val,uc D1 us lccrurd int"r"st.
Subd. 6. I I{ETLAND LIEN RECORD. ] Thr ludito! shal.I k.rp a
i,ltllnd lien rccord for aach eatl,and Systlm 3howino the rmount
of thr urtl.nd lian r"nainina unDaid lolilrs t each trlct of
DtoDCrtv.
Subd. 7. I COLLECTION AND ENFORCE,TENT Or nETLAND LIENS.]
The provi s ions ol l!r, that cxist r"latina t o th" coll"ction of
real astrt! tax?s era ldoDt?d to anfolc" Davnrnt of e?t land
li"n5. lf lhere ls ! drfruLt, I Drnrltv nly not be .dded to:n
inst!ll,nent of DrinciDaI rnd intar est , but .ach defaulted
Dlynrnt, Drinci.D!1, and int"rrst dsaHs intercs t flon th! date of
default un til DA id rt 3aven Dcrcant Dlr ycar.
S!c. 58. [103F.9571 [ ENFORCEI{ENT OF ASSESST{ENTS. )
Subdivision 1.ll'tUNICIPALITIES. I ag!!sslnents f iled for
b?nrlit5 to ! nuniclD!Iity arr a llabitit y of thc nunicipality
rqa! !!! 0!. lnd I'.y.bl! eith lnt"rlst in instlllnents on
Novlnblr I of ch r. If thr inrtrllErnt! rnd intcr"st a!e
not Dri,d on or bcfola Novenb?r l, thc rnount dur uith intr!?st
ldalld aust br "rtrndld by tha county auditor ro!inst !11
r ln thc nuni cI rit thrt lhbl" to trrltion, A
Du3t br E d" lnd tha lnount dur au3 t bc Daid rnd collactad in
thr tlE! atlrn!! and tla? !r otbrr tlrls.
Subd. 2.I NAILTON) AND T'TILI?Y PROPERTY.I Proprrty ouncd
bv a railroaal or othar utilit co !DO rltion bcnrf i tcd bv.
r,ltllnal ayitcn 13 1l !b1c tor thc ls!a3sn!nt3 of b!n"fit! on the
DroDcrtv rs otha! trxabl! DlopQrty. Fron thr datc tha tatl.lnd
65
t2 / 20 /90 InEvISOR I XX,/l,n 9]-oil1a
I llen lB lacordcd.tha lnount of thc !33a3sm?nt rith lntarrst is
2
il
a liln rq.inet lll Prop"rty of thr corDorltion lrithin the
county, Upon default tha lsscasncnt nly b! collcctad by civil
lction o! the Patlrnd lian D.bc fo! "cl os"d action i,n th€
of lction lgainst thr corporation to lnforce and col,lect the
t9scssn?nt.
Sec. 59. II03r.958] [SATISFACTION OP LIENS.l
llhrn ! eltl,rnd llrn r,ith lhe accunul,lt"d intlrcst i3 fu1]
5 3ame Danncr as Drovidad bv lae for thr foreclosulc of nortErge
lI.ns. Thq countv rrh!!. thq tltl.nd li.n is filcd hrs !h€ righr6
7
8
9
t0
t1
l2
13
l{
t5
16
l7
t8
l9
20
21
22
23
24
25
25
27
28
29
30
3t
32
33
3'l
35
35
p.id, the auditor 3h!11 i3su! ! ccrtificrte of paynrnt rlith the
luditor's officiaL rcrl rnd rrcord tha cartificate eith thc
county rcco!de!. The !aco!ded ca!tificatc rcl!ases rnd
4!!qh.!o!s thr r,.tl.nd li.n. Thc .u€!tgr n t, collqcq 25 cents
for rach dlscription in tha certificrte. ?h" luditor'E fG" and
lhc lqq of t-[q !!l!]ntj racord"r Dust br !!id frotn th" .ccount for
the uatl.nd sys t"m.
STC. 50. IT03F.959} ISUBDIVISION BY PLATTING IIUST EAVE
LIENS APPORTIONED. ]
A trlct of prolrerty Uith ! eetllnd Lien that is rubdivided
1!ttin is not c Lrte and th"Ilt n!not br ! rco r ded
untjl thc aetland lians rE ainst thc tracts !r! aDDo!tionrd lnd
the lpportionnent filad trith thr county rccorder of tha county
uhlrc tha trrct i! locrtcd.
Src. 61. 1103r.9501 [ APPORT t ONHENT OF LIENS.I
Subdieision l.PE!!UON.l A par3on eho hrs !n intrrrst in
DroDartv that ha3 r e"tlrnd lirn rttachad to lt aay p"titlon the
ertllnd authority to aDgo rtion thr llcn enonq aDrcifiCd Dortions
of thG tr.ct ll tha Drvlttlnt3 of D tlncl DI I rnd lntcrr3t on thr
DroDa!ty rrr not ln dcflult.
Subd. 2 tNOrrcE. I Hhla th! D.tltlon is fil.d t hc eetland
rutholitv 3h.ll, bv ordrr, a"t r tlna rnd locrtion for a h GArlnq
on th" pat i t ion.Tha e"tlrnd authority lha11 qiv! notic r of the
hcrlinq by Dc!3on!l ta rvic! to th! ruditor, the occugrntS of the
trlct, .nd on !11 Drrtlrs havin o rn lntcrlst in thr t ract g5
thc !.co!d3 ln tha county rlcoldcr's officr. tharho{n by
55
lRsvrsoR I xxlHr 9l-0414
I scrvicr nust b€ talde rt I"ast trn day s brfora thr hr.rinq. If
2
3
,|
5
p"!sonal 3?rv.ice canlrot be nadr to all int!!rstrd D!raons,
notic" nay b! o ivrn by Dublication. Ihe pe titlonrr 3h!II Dav
th€ costs for service or publ lcs t i on .
Subd. 3 IBEARING. ) lh. rltlsnal .uthority rhall hear all
offic€a nd fil"d t,j.th the ludl tor.
Src. 52. II03F.9611 [ IIETLAND BOND tSSUEs.l
SubdiviEion 1.IAUTBORrTy.l After thr contract fo! '-he
construction of ! e"!l!nd 3yttlm is rraraled, thG county board of
an affrctcal county Day i3!u" th! bonds of thr count y rn an
.tnount nrcr3sary to p.y thc colt ol ast.blishia q lnd
constructinq tha ectland g yst!m.
Subd. 2. ISINGLE ISSUE FOR ?tlo OR IIORE I{ETLAND SySTEHS. ]
lle cqurt-y bqllC @tt includ! trro o! Dor? watl,anal rystlms in a
sinalr u?tl,and bond issu!. tha total anount of thr ertlrnd bond
issur E y not arcaed th" totrl coEt, lncludinq rxpenscs, to be
assesscd to pay for tha uetland 3ystens. The totrl, cost to be
rssessld lrust ba drtrrninrd or "stinated tha coun t board
rhen the eatl.nd bonds lre i3sucd.
!l].4.t SECURITY AND SOURCE OF PAYltENr. ] Th. eetland
bonds [lugt bc issued in lccor nce with chrDtcr {75 arnd nust
Dl"dce thr fu11 f.ith, ct!dit.lnd ra3ourcas of thr countY for
th" DromDt Drvnrnt of th" Drinci DT I rnd intc!"st of thr eetland
bonds. the u?thnd bonds ar" Dritnarily Dayablr lrom the tunds
of th" ertlrnd lystcms finlncrd by th! bonds or fron th" cornnon
t,etllnd bond r"dcn9t ion lund ol tha county. ?ha conllon ertfand
bond re tion fu nd !!v b! crlt t ad bv rrsolution of thr count
bo!!d 13 r a!.bt r.dcnDtton lund for thc DlYnrnt of eltlrnd bonds
i33 urd unihr thiE chrptr!.
SUbd. .. I PAYIENT PETIOD AND INTEREST ON I{ETLAND BONDS' ]
(.) Thc cou n!y bos!d 3ha1l dat!rDina, by r:5o1ution:
thr tinr of nt lor tha ultland bond3 not rrc?edi
6 relltcd cvidance rnd, bv ordcr,aDDortion thr li"n.A ce!tified
coDv of the o!dcr aust be rccoldcd in !h" county !Gco!dc!'s7
I
9
10
l1
l2
13
l5
16
17
l8
l9
20
2L
22
23
24
23
26
27
2A
29
30
3l
32
33
3a
35
36
I
23 y"ars flelt their dat$
lor tha uetllnd bond3, rrith the(2)thr ret"s of lntar"st
67
L2/20/90
I
2
rl
5
6
7
E
9
t0
11
L2
13
l{
t5
r6
17
18
19
20
2t
22
23
24
25
25
z7
28
29
30
3r
32
33
3{
35
35
12/20/90 IREVISOR ] XXIHR 9I-0 { r.4
n.r averase rate of intercst over the tartn of thr bonds not q9
rxceed thr rate astablishad urrder 3rction {75.55; and
(3) ehether the wetland bonds ale pavabl,e annuallv or
semiannual,lv.
(b) the countv bolrd shall deternine lhe vrals and anounts
of princlpal n!turities that arr necassarv bv the anticiDatrd
collections of the eetl!nal svstens r3sessn€nts, ri,thout !egard
to anv linitations on thr naturitias ipposld bv section {75.54.
SUbd. 5. IIEIi{PORAiY TIETLAND BONDS I{A?URING IN ?T{O YEATS OR
LESS,l the countv borrd nav issu! lnd sell tenporarv rretland
bonds under this subalivision neturinq not nore than tuo vears
aft!! their d.t! of issue, instrad of bonds under subdivision
{. The countv shall lssue and 3€11 drfinitive retland bonds
before the natu!itv ot bonds isgued undcr this subdivision and
use the Droceeds to Drv for thr tcnpolrrv eetLand bonds and
intalest to tha utrnt that the tc8porarv bonds are not D.id for
bv asslsshents collact€d or other lvailable funds. 'The holders
of tcmporlrv rretland bonds and thc tlxDavers of th! countv hlve
!nd nav enforce bv nandanus or oth?r lDDroDrirtr Droceedinqsl
(I) elI riahts respectinq tha lavv rnai collection of
assessnents sufficiant to pav the cost of proceedinos and
construction finrnced bv thr tGnDorarv rretland bonds th!t a!e
orlntcd bv lle to holdrls of other eetlalE londs, axcept the
riqht to requir! Ilvieg to be coll,ectad befor€ th" t€nDorarv
l,etland bonds Eltur", and
(21 thc riqht to rlouir. th" off.rino o! dcfinitivG eatlsnd
bonds for saIa, or to rcoulre th" issuanc! of d"finitie€ uatLrnd
bonds in "xchrnqc for th! tlttrDollrv ertl.nd bonds, on ! 9ar for
D!! blsi3, bc!rinq lntalGst rt tha rrtr cstablished sndrr
3lction a75.55 if thc dcflnitiv! eltlsnd bonds hae" not been
sold and delivcrld bafor! the Dlturitv of thr tl8Dorrrv uetllnd
bonds.
Subd. 5. IDEFtNITtvE HEILAND BONDS. ] thc d.finitive
ertlrnd bonds i3sucd ln archanqr for !n issue of t?tnDorllv
uGtland bonds nust br nunb€lcai and E.ture scriallv at times and
in anounts to llloH thc Drincipal rnd int"rlst to b? Daid ehen
5t
I
2
3
I
5
5
7
8
9
10
1t
I2
13
l{
15
I6
l?
18
19
20
2L
22
23
21
25
25
27
28
29
30
3L
32
33
3'a
35
36
t2 / 20 /90 IREVTSOR ) xxlHR 91-O{ 1{
due b Y lhe collection o f lssessnents lrvird for th! w"t1.and
svstlns fin anced by the tlnpo rtry bo nd issue.Th€ detlni.tive
bonds are sub ject t o rldenDt lon lnd DraDa yne nt on any int"!est
prynrnt da te by th e coun ty noti.fyinc c.ch def ini t ive bondhol de r
t ho hls rlois!ered th!ir nane rrd rddr.s s rrith t he county
trrasurar.Th" bondhotd.r I AuSt be notifi.d by nail 30 days
baforr the in terest Dr nt dlt e. Thc definittv e bonds nust be
del ivered ln orde r of th.i! Bariel, nunbers,lorrlst nunber
f i rst,to thr holders of th! lrnDolarv ee tlrnd bonds in orde! of
th! slr ia I nunber s of th!bonds hrli bv thrtn.
Subd. ?[SA!E OF DEFINITIVE NETLAND BONDS.I thE COUNTY
board Dust 3!11 rnd neqo ti.tr the d!fi ni tive eitl,lnd bonds for
at least thri rPa r val,ue.Thr def ini tlv! bonds rtlust b€ so],d in
rccordance rrith section t175.50,
Subd. 8. I COI,NTY IWESTHENT. PURCBASE. AND SELLING oF
TEIPORARY I{ETLAND BONDS. I (r )Funds of th! issui nq countv may be
i,nvrsted in t It ry ertland bonds u nder srctions {71. 5 6 and
tl7 5.65, excrDt that th et rery rratlrnd bon ds may be:
I rchrsed bv th" count then the tlnDorr rv eetl.rnd
bonds are ini. t ia 11 i ssued ;
ID urchased onL out of funds that th! countv boa!d
determines HiLl not b" rac uired for othar D ur9oscs beforr the
t enpora r y iretland bonds nature; rnd
3 rrsold brfora thc t rar Hrt:,!nd bonds eaturc onl
lf thlre is ln un foresaen cnr rqcncy.
b lf . tr rtl e.tland bond rchasr 18 !l!de f ron none
hcld in r sinkinc fund for oth bonds of thr county, tha
holdel3 o! th! othlr bonds Dly anforcc tha county's obl iqst i on
to 6rll allf ini t i v" bond s at or bafor! thr Dlturity of thc
tcnPorrry ertland bond s, or :;chanor thc othcr bon ds, in thr
artn! Eanner !s ho:.alarE of tha tanDorarv eatllnd bonds.
Subd. 9. I DELtvERy OF BONDS AS flAlI,AND flORr PROCEEDS.I the
count board Dlv Drov ial. in the contrlct tor th.3a lr of r.t land
bonds, tanDora r,!tland bonds, .nd dcfinitiv r rctlrnal bonds,
thlt the bonds lre ahliearld !a th" rrltland irork Drocreds and
Int.rlst !! D.id onl.the rloncy ls n !!il!d. rnil thlt
59
y tron the
1
2
3
4
5
6
7
8
9
!0
11
12
l3
l5
t5
17
l8
t9
20
2t
22
23
24
25
25
27
28
29
30
31
32
33
3{
35
35
L2/20/9O IREVTSOR ] XX,/t.tR 9 ], -0 414
70
date of d€ 1i vlr v.
subd. 10. IBoND RICITAL. I Each r,rtland bond, tcnDora!v
Eetlrnd bond, and definitive rrctland bond tlust contain a recital
that it is ilsurd bv rutho!itv of rpd in st!ict accoldance uith
lhis chrDter. The r"cital is conclusiva in favo! of the holders
of tha bonds .s loainst tha countv, thst the e€tland svstem has
bcen ploperlv rstlblished, that proprrtv rrithin the countv is
subiact to lss.ssm€nt tor blnefits in ln anount not less than
thc rnount o! thc bonals, rnd that all proceedinos and
construction r.1!tivr to the $rtland svstrns financed bv the
bonds have blrn or uill be nrde accordinq to Iae.
Subd. 11. [EOt{ BoNDS AY BE PAID.I the countv board nav
pav rrctllnd bonds, tenporarv eltland bonds, lnd defini.tive
wetland bonds issued under this chapter from anv availrbl€ funds
in th" countv treasurv i! thr tronlv in th! cottlrron ectland bond
red€mpti.on fund or i'l the eetland eund for the issurd bonds is
insufficient. The countv treasurv funds thrt nonev 1s
t!ansferrad from pust be reinbursed, eith interest at ! rate of
seven Drrcent pe! vear for the tine the !on!v is actuallv
needed, fron rsslssn"nts on the wllland SYstems or fron thr sale
of ertlrnd fundinq bonds.
SCC. 63. II03P.952I I ALLOT{ANCE AND PAYI'IENT OF fEES AND
EXPENSES. )
Subdivision 1. [FEES AND EXPENSES.I ThG fers lnd
"xDenses
in this section arc llloeed rnd nust b" Drid for 3crvicrs
Drovid"d undar thi3 chrpter.
Subd. 2. I ENGINEEn, ENGINEER'S ASSISIAN?S, IND oTEER
ExPLoyEEs.l thr conplpsltion of th! rnqinerr,. th! anain.er's
e.tistlnts. rnd othc! taDlov?ls i3 on I Dlr dian basis and nust
bc sGt by ordlr o! thr ectlrnd authoritv. Thr oldar srttinq
conplns.tion lust Drovid! lor grvlDlnt of th! actual rnd
nrcrssrrv lrprnSas ol tha lnqincrr, thc anqinrer's lssistrnts,
rnd oth"r lnplovles, includinq thr cost of thr lnqinclr's bond.
Subd. 3. IApPRAISERS.I Elch rDDrlis"r nay bc D!id for
everv nec?ssarv alav th! aDDrliser is rnqaqed on t Drt dien basis
and for the aDprliscr'3 lctual rnd necessalv axDenses. The
t2/20/90 IREVISOR ] xxlxn 91-0 il l {
71,
I
2
I
4
5
5
7
I
9
l0
1t
r2
l3
14
15
t6
1?
l8
l9
20
21
22
23
24
25
26
27
28
29
30
31
32
33
3{
35
35
conp€nsation oust be set bv the urtland authoritv.
Subd. {. I HEILAND AUfEORfTy HEI{BERS. ] Eaeh nrnb"r of a
wetlrnd ruthoritv Eav b" paial a per dirm und"r srction 37S.055,
Subdivislon 1,, and actu!1, and nlcaEsr!v cxpenses incurrrd rrhile
actuallv "nplovld ln Dloccrilinos or construction, or in the
insprction of anv rrctl,and svsten if tha nenber is appointed to a
corD,[i t tee for that DurDose,
SUbd. 5. IAUDITOR. ATTORNEY. AND C'IEER COUNTY
OPFICIAIS.I Th" countv luditor .nd thr lttorn.v for th!
petitionrrs end rretlsnd aulhelity nust Gach b" Dlid rrasonablr
conpensation for servic"s lctuallv provialed !s dat!rmined by the
uetland authoritv. Thr f"as lnd conprnsation of all countv
offici!1s in proc?edinqs !nal construction !re in addition to
oth"r fees lod cordprnGation 11lor,ad bv laT,.
Subd. 6. IPEIIIIONERS, BOND. ] the cost of the p€titioners,
bond nust b" a1lord"d lnd Daial.
Subd. 7. [PAyl{ENf.l lha f.cs lnd cxplnses prgeidrd for in
this chepter for s ectllnd svst?m in onr countv nust br .udited,
rllo{ed, and Daid bv order of thr countv board or for a uetland
svstem i,n nor! than one countv pust br audited, allor€d, rnd
paid bv order of thr urtland ruthoriav !ftc! t"n davs' uritten
noticr to each eff"ctrd countv. the notiee nust b€ oiven bv the
audito! to the auditors of affect"d countics. the notice nus!
3tate the ti[le and location of thr hrarino .nd that all bills on
file rith th. luditor !t th! d!t. of th. notic! nust bc
Drcs"nt?d for hcarinq and alloerncr.
Sec. 5a. 1r03t.9631 [ t{slLAND SYSTEI ACCOUN?. I
Subdivi3ion 1. [FTNDS FOn HETLAND SYSIE]i COSTS.I E
retlanal luthoritv shall provid. funds to plv thc costs of
rlthnd 3vstan3.
Subd. 2. I WEaLAND sYSIEl,l ACCOUNI.I $!_!9!l!!g--E$9!lli
shall klap ! slplrstr lccourt for :ach r"tllnd svat"n. The
account sust ba crcdltlal eith lll aonlv lron tha 3a1," of bonds
lnd bonal prlniuns lnd r1l, nonev raceived flon intlrrst, lians,
assessn"nts. enal other 3ourcGs fo! th! urtllnd 3vst"n. The
.ccount Eust b" dcbitlil eith rvaiv ltan of ctp"nsc Itl de for the
I
2
4
5
5
7
8
9
10
1l
t2
13
t5
I7
I8
t9
20
2I
22
23
24
25
26
27
28
29
30
3t
32
33
34
35
35
t2 / 2o /90 IREVTSOR ] xxlHr 9l.-0 { 1{
eetLand sys t rm.
subd.3.I I]rvEsT[ENt OP SURPLUS FUNDS.I If a r.e t land
systen account or the cotrmon retland bond red t i.on fund has a
aulplus ove! the anount rcqu ired for Davnent of obliqations
!esentl due and able fron lhe rccount or fund, the count
board nay invcst any part of the aurplus in bonds or
certificat€s of indebtedness of the United States or oE the
st!te.
Subd. tl. I DORIANT TETLAND SYSIEI.i AcCoUM TRANSFERRED TO
GENERAI REVENUE TUND. ]If ! surDlus has existed in a uetland
Evsteo account for a Dcriod of 2 0 Yrars or nore and thrlr have
not been lny axp enditurcs fron the account durinq the period,
the uctland authoritv, bv a unaninous re solution, naY transfer
the surplus rema i ni Dq in the setland systlti account to the
county gen€ral reeenue fund of affcctcd countili.
AiTICLE 5
IIEILAND USE PER'{ITS
section I. tlinnlsota Statutls 1990, 3ection I03G.005.
subdivision 15, is lnerdld to readr
subd. 15. IPUBLIC !|ATERS.l (!) 'Public !r.ters' Blans:
(l) rrtcrbasins lssigneil r 3horrland nanrgement
classificrtion by the connissioner under sections 103P,201 to
103F.221, Gxcrpt retl.nds less th.n 80.cr!s in size that lre
cllssified rs natural lnvironllnt l,ak€s;
(21 e.tars of th. 3t!t! lhrt h.vc b.en finally detcrnined
to be public urtlrs or nrvigrbla r.atrrs by I court of conPatrnt
Jur irdict ion t
(3, rGrnd.rcd I.kGs, lreluding lrkcs thlt h.vr blen hgaIly
dr! inGd t
(a, ertcrb.3inB PrGvlously ah8ign.t:d by thc comissiore!
for lanag!tslnt for a specilic purlro3! 3uch as trout hkls rnd
gaDe lskls puriuant to rppliclbl! lrr8;
(51 n!!sba3in3 dGsignrtrd r5 lcicntific lnd natural llcas
undcr scction 64.0 3 3,
(5) r.!tr!basin3 loc!trd uithtn lnd totally surroundcd by
publicly oened I.nats i
72
I
2
3
4
5
6
7
8
9
IO
II
l2
I3
l{
l5
I5
I7
I8
t9
20
2t
22
23
21
25
26
27
28
29
30
3l
,2
33
3tl
35
35
IRSVISOR I XxilXR 91-0 {l,t
13
t2/20 /90
(7) Fatlrbasins iihlrc the 3t!!e of lli.nncsota o! thc faderat
govelnDenl holals tlth to any of th! blds or 3hor!s. unlr3s the
orrn"r dlcfar?s that th! Iltar ls not nlce3saly lor thr purposes
of the pubt-ic oenr r ship;
(8) e.trEbasins rrhlre ther! is I publj,cly own"d and
controllcd rccrss that is intrnitld to provide for public access
to the r,ttlrblEin;
(9) nltural lnd rltlrld trltGrcoursrs rith ! total drlin.ge
trca grtatlr thln tr,o 3gu!r! EIIlsi
{10) natural and !ltGr.d ttt!rcoursea d"signltcat by the
conuni,Ssiarne! ls trout 3trrans; and
{11) public uaters ertlanda, unh3s the rtrtut! arprassLy
at!trs otheriri3e.
(b) Public satlrs ar! not dcternincal arcluslerly by the
proprietorship of the underlying. ov"rlying, or !urrounding .1.!nd
or by rrhelher it is ! body or atralrlt of Uste! thlt r.3 naviErble
in frct or susceptibla of bcing usld !s a highray for connerc!
at thr tine this stltr uas rd[ittcal to thr union.
S.c. 2. lti.nn.sota Stltutrs 1990, 3.ction 103G.005,
subdivision L8, is rnended to rrrd:
Subd. 18. IPUBLIC i{ATERS I{EALANDS. ! .pubtic rer.rs
rrctlands" ecans !11 typ€s 3, a. tnd 5 rlttlrlds, rs defincd in
Unit.d States FiBh .nd fiildlif! Slrvicr Circul.! t|o. 39 (1971
.dition), not includ"d uithin the definition of public rrltcrs,
that !r! ten or lorG acrcs in si:r ln unincorporrtad !t!as or
2-l/2 ot aole acrlg in incorporatGd rrus.
Slc. 3. llinne3ots Stltutr3 1t90, aaction 103G.221, is
rnendld to r!!d:
:.03G.221 [DRAINAGE OF @ nETLAXDS,I
Subdlvi3ion 1. I DnAIXAGE OP PUBLIC TAIERS TEILANDS
GENERAILY PROEIBI?ED TTITEOU" n,EPLACEI{E}fT.l Erclpt rt provldrd.in
3ubalivisions 2 rnd 3, Dubllc aatrls r.thnal3 Dly not b. draincd,
rnd r pcreit.uthorirlng drrin.Ec o! public urt.rs rrtllndB Day
not be l33u!d' unla3s tha publlc rrtlrs uGtlrndr to b! dralnld
.t. lrpllccal by eltlrnds thil rj.ll h.v" lqurl o! g!.rt!r psbLic
value.
t
2
3
4
5
5
7
I
9
10
1t
12
13
Itl
l5
15
17
t8
I9
20
2t
22
23
24
2S
26
27
28
29
30
3l
32
33
3l
35
35
L2/20/90 IBEVTSOR I XXIMR. 91-0{1{
Subd.2. t DRAINAGE OF PUBLIC TIATERS HETLANDS FOR
CROPLAND. } (A)PubIlc rratr!s rGtlrnds that are l.nfu1, feasible,
rnd practical to drlin rnd if drained sould Plovide high quality
cropland and thlt i3 the projactcd land us!. as drtrrnincd by
the conni6Eionlr, Ely be draincd nithout a Pernit and eithout
replrcenant cf !I l.ctlands of rqull or grlrter public value if
th! cooej,ssioncr does not choos!. rrithin 50 days of recei.ving an
appl.icrtion f or a P.rnit to atrain the Pg!14!!!I! t ltl ands to:
(1) pl.ce the B!I!!_.@ retlanals in the state irater
bank progran under ,!ction 103F,501, or
(2) rcquirr thrn in f.r undcr 3ection 97A.1{5.
(b) If the connirsionrr does not lakc the offer under
paraglaph (a), clause (l) or (2). to. person aPplying fo! a
p€rmit,
perni t .
the public rr.tcrs eatlands n!y be drained eithout a
Subd.3. I PERXIT fo DRA:N PUBLIC NATERS TIETLANDS TEN YEARS
AFTER PUBLIC WATERS DESIGNATION.I (r) the oune! of trropelty
underneath public aatr!s et!tlands on privately ouncd property
nay apply to the cotrurissioncr for. pernit to drain lhe Pgqllg
waters eetlands rfter ten ycars fron thair original drsignation
as public lraters. Aftc! rlcaiving th! aPPlication, the
comrnissioner shal I r"v iaH th? status of lhe Public Eaters
urtl,ands lnd current cond i t ions.
(b) If the coDEi3sioncr finds th.t the slltus of the EELI9
rGters rrctllnds rnd lha currcnt conditions nak! it likely that
thr ccononic or other brncfits fron lgricultural use to the
orrn.r fron drainage uould Grc."d thc Public ben.fits of
E!intaining thc DubIic uatGrs ectlands, thr connissioner shrll
grlnt !h. rPplicltion lnd isguc r dr.in.ga PrrEit.
(ct I! th! .Ppticltion i. dlnird, th. ol,n.r D.y not lPPly
agrin for lnothar lcn Ylalt.
S!c. a. tlinnrtota Strtut.s 1990, tcclion 103G.225, i3
ancndad to rrld:
I03G.225 [ STATE }TEtLANDS AND PUBLIC DRAINAGE SYSTEI'IS.I
If th! stlte or.ni public r,rtcrs uctlands on or ldjaccnt to
rxisting publ,ic d!!in!9e systans, th! state shal1 considrr the
t2 / 20 /90 IREVISoR I xxlHn 91-0{14
I us" of the public paters i.etllnds rs part of th€ drainagr
2 systrB. If thc EqllgJg,llglE wrtlrrds j.Dtrrfrrc rrith or prevenr
3 the authorizld fuDcrionj,ng of the public drainrge system, the
{ atrt! BhrlL proeide for nccl3Eary work to alloe proper use and
5 Dainlrn.ncr of the drainag€ systen shile sti.ll prl3rrving
5 thr Dubl ic w!t!rs n"tIands.
7 Sec. 5. Iinncaota Statutls 1990, section lo3c.23t. is
I an"nded to read !
9
10
I1
12
I3
I'l
t5
l6
l7
t8
19
20
2L
22
23
24
25
25
27
28
29
30
31
32
33
3tl
35
35
7S
103c.23r [pRopERly orl}{ER,S OSE OF PUBLIC r{ATERS WETT,ANDS. ]
Subalivlsion 1. [AGRICULTUnAL OSE DURING DROUGBT.I A
Proprrty orrnrr Ely ulr th! brd of Dublic uatrrs yctlands for
pasture or cropl.nal aluring p€riods of drought if:
(1) allk.s, ditchcs. til! Iinca. or bulldings rrr not
construct"di and
(2) the agricultural u3G dols not rrsult in the dlainage of
the public asters urtlrnds,
Subd. 2. ('ILLING PUBLIC i{ATERS t EILANDS lOR IRR:GATION
EOOI{S.I A hndorrnlr Eay lilt r public r,atcls rrltllnd to
aceoDmodata eheel,ad boons on irligation d?vices if the fill does
not inpld€ norarl dra i nage
Slc. 5. ltinnlsote Stltutca 1990, rrction 103G.235, is
anendcd to rcad:
IO3G.23' IRTSTNICTIONS ON ACCESS TO PUBLIC I{ATERS
}IETLANDS. I
To protact thr publ.ic ha:,th or 3af!ty, locrl units of
govrrnDlnt oly by ordinlnc! rc3trict publis lccGss to public
ultlrs rltlrnds lroa Duniclpallty, county. or toen3hip rords
thrt rbut Dublic aatrr3 ertllnds.
S.c. 7. [ !03G.2351 I (DEFINITION.I
Subdl,eiBion l, IAPPLICAEILITY.I Th" al.finition in this
tcction lppliG3 to rrtlcte 2, 3action a, tBd acctions 7 to L:, of
this.rticlr.
Subd. 2. [I|EILAND.l (al 'frtllnd' n.ans trlnsitiosal areas
baturen tlrrrstrirl lnd rouatic avstrns uhere tha wltar teble is
uBurllv at, n!!r, or lbovr the lrnd 3u!fac! and thr !rr.!
(ll rt l!.st Dariodicallv supportB p!"dominantlv
t2 /20 /90 lREvrsoR I xxlHR 91-0 { 1{
I !Iqr.e!.I!EL
(2) h !s r lubstrate of p!edominantl.y undrained hyd!ic so j.1,
ol
(3) has a nonsoi,l substrate thlt is saturated eith r.ate! or
covered by rrater !t 3one time durinq the qro{inq season each
vear.
(b)'tletlend" does not include Dublic watrrs rctlands as
defined .in section I03c.005 subdivision 18.
Sec. 8. II03G,2352] [JURISDICTIoN. ]
Subdivi6ion l,I cooPER.ArroN. I The connissionrr of natural
resources, lhe boald of irater rnd soi1 !!sources, soil and uater
conscrvation districts,and local qovernments sha]1 !ro!k
cooperatively to inDlcment sections 103G.2361 to 103G.2356.
Subd. 2. ICOTiflISSIONER OF NA?URAL RESOUnCES. ] E
connissioner of natu raL llsources 5ha11 Dronote and act as an
advocate of e€tlands under article 2 3rction 4 lnd sectlons ?
to 1,1 0f this article.
Subd. 3. IBoARD OF WAIER AND SoIL RESoURCES. )The boald of
Hlter and soil resources shall nake detcrminations of lae lnd
DO a nd Drovide ouidance to soil and uat!r conservation
districts undrr !rticI€ 2, 3ection {, snd sections 7 to l1 of
this a r t icle.
Subd. {. ISOIL AND ttA?ER CONSERVATIoN DISTRICTS.I 99!-l-!-@.
eater conserv!tion districts shall avalu ltc L'!t1and5 accordi nq
to cstablishld criteria and q rlnt or d?nv D"rnits for
!l,tarnativr Hatl,!nd usa3 undrr !rticla 2 trction 4 and
sections 7 to 1l of this .rticlr'
s.c. 9. Ir03G.235{l I nETLAND OSE PERXTTS.I
Subdieision l.IPENfiIT REgUIRED. ]t ectllnd usc p€rnit is
rlqulr"d to conduct act ions thrt chlnqc tha eltrt I rvcl, lraa,
vcqetation,croag ractlon, or chlrlctrr of a irltlan4r
Subd. 2 I EXEIPTTONS. I A rrctland u3! gernit i3 not
requircd for r
(1) .ctiviti!s in a rctllnd that was Dllnted lnd harvastad
eith rnnual l v rccalcd crops or eas in a cro
lior to Jrnurry 1, l99l;
3
4
5
1
8
9
l0
11
L2
l3
l{
l5
15
17
18
19
20
2r
22
23
24
23
26
27
28
29
30
31
32
33
3{
3S
35 of tha tln yaars p
16
p rot.ti on scedinq six
comrnencrd Dr ior o Deeenbe r 23. 1985; lnd
act i vitirs necessa!to tcsrrv! and n!intain axistin
blic.nd ivrtr dra i na s tens .e
I
2
3
I
5
5
7
8
9
l0
l1
l2
13
lrl
I5
1.5
17
I8
19
20
2l
22
27
24
25
25
27
28
29
30
3l
32
33
3{
35
35
Subd. 3. IAIPLICATION.I (!) A p.rson 3h!11. apply to the
aoiL lnd eat e! conser eation di strict uhr re tha rretl.od is
Iocat!d to !ace ive € pernit. Tha l icat i on nust be on formst
rDproved by the board of rater lnd Boil r agou rce s end include:
I the location of the rretl!nd
(2)the owner of th ! !r,etlandt
3 the f scd.It rnrtiv"of thr t,"t llnd
({)any ProPosed niti Eat i on or raDllcanant of th! natl,arld,
and
con3rrv.tion diEtrict 3h.I1 .s5 iqn . cl!3sj.fic.ti on of clrEs A,
cla3s E, class C or cl,lss D e"tllnd based on th"eC t land
c]!ssificatl on cr i tcr le.
(dl th. soil .nd ultar conirrvrtion di3 t!lct rhtll nc.r
rrith the spplicant lnal d"t?rnin! rhrth!r th" rltarnttiva usa
rcqurst?d In thc lpplication i3 .l,loe?d lor thc partlcul!r class
of r.,c tland. Th" roil lnd ultrr consc !vt tion district thrl,I ! lso
discuss actions raquirrd to cnhanca tha publlc vs!.ur' of th!
rtrtllnd !nd olher condi.tions th!t nry br inposcal !s !
r"auirement o! racaivi nq a D"rnit.
lf thr 3oi1 lnd ultrr conSubd. 4 I nEvrErd. ]a 3ervrtion
t2/20/90 [iEvrsoR ] xxlHR 9t-0{r{
g
for . coEnencad drainaqe drterninstion ,rovided for bv the l9B5
fad"lal Food Slcuritv Act that rras p.de to the couptv
ro!icultural stabilization and conslrvrtion Brrvic! office p!io!
to Srptenber 1,9. 1988. and I rullno lnd rnv subseduent appeals
or rcvi"ws have aletlrninad that dreinlq" of thr r,ltland had been
soil r"sources to be nec?ssarv for th" aDplication.
(bl the soi.l lnd eater conserv!lion district Bhell, provide
to th€ tpplicrnt information. incLudinq Darnit aDpLication
forns, concelninq stat€ and f"deral p€rmit ploqrams that nav
requlrtc thr IDDIic!nt'i DroDosrd use.
(cl Aftrr rrceivinq !n rpplicltion, th! soil rnd eater
71
I
2
3
{
5
5
7
I
9
l0
l1
12
I3
l{
15
15
l7
1.8
l9
20
2t
22
23
21
25
26
27
28
2g
30
3l
32
33
3{
35
35
t2 /20 /90
7E
IREVTSOR ] XXlHn 91-0,t1{
district B.krs a prelininarv detcraination thrt it r,ill, rpprove
the eetl,lnds use pernit, th! district shllL subnit lhe proposcd
pernit eith .qv conditions to the bolrd of urter and soiL
resou!ces and the copni.ssioner of natural resources for r"vieu
and colinent. The colDflrissi,oner of natural r"sources and the
board of ratlr rnd soil rcaourccs Ehall ravilr, and comnent on
thc DroDosld rratland usa pcrnit bv 30 davs after it is receivrd
frot! the 3oil and i,lter consarvrtion district.
(b) The Bo11 .nd uater conservation district nust consider
the connent6 of thr board of ratrr and 3oil rlsourcls lnd the
connissioner of natural, rrsources rnd nav itrDos! conditions on
thr grrnit to rcflect thei! cotmants.
(c) Notrri ths trnd i no Daraqrrph (b), if the board of rrater
and soil rasources d"tlrninas that the rretland shouLd be
classified as e cLass E rdetlanil, thc board aha]l llotifv the soil
and uate! conservrtion dietrict rnd.the rDplicrnt of this
dltlrnination. Aftcr considrrino the cotrBents of the
conuli,ssion€r of nrtural tasourcls. the board of eater and soil
rrsourcas nry issu" ! plrnit in accordange uith subdivision 5.
Subd. 5. IISSUAXCE. t (.1 For class A. B, C, or D ultlands,
the 3oi!. rnd rrater consrrvltion district nev issue ! r,atlands
use pernit subiact to th! rulls of thc board of rater rnd soil
rcsog!ces.
(b) the 3oil .nil e.t!r consarvation district 3halL inDose
llasonlblc pcrtIit conditions to cnhence tha looq-tarn DubIic
v!lu! o! thr erthnd to rn Grtrnt thlt i3 corNirnsurata irith the
drtritnentrL ripGcts of tha Dcrnittcd sr! oq tha lretland.
Condition3 eav include !
(1,) llrpll|lcntation of loll, lnd eat!r conscrvrtion
pract ic!s;
(21 plintrnrncc of buff:r ttrips;
(3) rrilallifc rnhancroant' proiGcts includinq inprovan!nt of
nestinq habitlt, food sourc!3, lnd rheltrr araas;
({) increasld ultcr ratention capacitv of the {ctla'di rnd
(5) othcr proiGcts and p!!cticcs that rnhance tha looo-t!rn
public val,ua of thc eltland.
I
2
3
I
5
6
7
I
9
10
Lr
t2
t3
l'l
15
16
17
I8
l9
20
2L
22
23
24
23
26
27
2A
29
30
3l
32
33
3{
35
35
t2/20 /90 IRgvISOR I Xxilt{R 9I-O{14
79
the rpplicaat and qivr public notice eheth!! th! rrrttand use
prrait is approved or its conditi,ons drni"d bv 50 davs !ft!! the
appl.ication is rlce ivrd.
(d) thr e!tl..nd use p?rrdit shatl be issucd bv 20 davs afre!
public notice of rpproval iE qivln if !n rpp€ll is not fi1ed.
bv the soil rnd urtrr con3lrvation district and Eav br rcvoked
publ,i,c .-aluc of the e"ttand 13 dininishrd b?causa of thr use
lllowe- under the D.rni t -
Subd. 6. IACUVI?Y PERXITS. ] Notrithstandinq subdivisions
I to 5, the board of t.ltar lnd soil resoutcrs eav i.Esue activity
p"rmits bv !ul,e. An activitv paralt nav ellou cartlin uses in
sprcifi"d areas or the rntire stat", rhich plv include forestrv
op"rations, aauiculture, Hild rice qrouino !nd hrrvGstinq,
linitrd !qricuLtura rnd silva-cuLturc, that do not atastroy the
lonq-trrn public value of nltllnds. fh. board of Hat"r lnd soil
r"sourc"s nust includ" provisions that Drot!ct and anh!nce the
vetland resources of tha state. lhe board EhaLl revi!u rctivity
pclnits issued under this sectlon at lrast cverv thrrr vears.
Subd. 7. (APPEAL.I (a) The.pplic.nt, th" cotunissione! of
natural resources. or oth"r rff?cted Dartils nav aDD€a1 ! soil
lnd rat"r cons"rvation district,s d€cision i.n ctassifvino a
ratlrnd. issuinq a rctr,!nd us" Dcrhit ri!h conditions, or
dlnvlnq t Daroit to tha bolrd of eatrr lnd Boil rrsourcas unde!
tlctions 103A.305 to l03A.3al. th" rpp.al nu3t b" lil.d Hithin
15 davi rftrr public notic" ls qiean of th! dlcislon to irsu" o!
d"nv the peroi t.
(b) On app.al of r plrEit denirl, thc borral of u!t!! lnd
roil rrsourcls Elv cl!3slfv thG ertland rs r class E rratllnd,
and prv ls8ua ! pcrEit in lccordrnc" rith thr Droc"aturrs in
iubdivision a.
Scc. 10. Ir03G.23651 IC()IiiPENSATION POR LOSS oF PRIVATE
I'SE, }
Subdtvi3lon l. IELIGIBILI!!.l A prlson t,ho iB not rlloued
1
2
3
4
5
5
7
I
9
t0
ll
L2
t3
I'
t5
l6
l7
I8
19
20
2l
22
23
24
25
25
27
28
29
l0
31
32
33
3{
35
35
),2 / 20 /90 IREVTSOR ) XXIHR 9 r-0{ 1{
to Eake lrquested uses of a eetl nd 9La11 be coqpellqted as
provided in this section. A Dcr son is c1.igible fo! conpensation
if
(ll the Derson applies for a uetllnd use pernit;
(21 the gcrnit is deni,ed or thc prrtnit copditions Eake the
use uneorkrbla or not faasible;
(3) the p€rson appells the plrnit,
({) th€ p€rson has or rrill ruffr! danroest
(5) disrllorrino th! Droposed usr uitl
"nhancc
the public
value of the eltlrnd; rnd
(5) th€ person aDpl,ies to thr board of water end soil
rasources for conplnsa t ion.
Subd. 2. IAPPLICAUON. ] An lpplication fo! compcnsation
nust ba tsad€ on forBs prrscribed bv thc board of ulter lnd soil
r?sources and i ncl,ude:
(1) tha location lnd cla3sification of thc irltllnd tJh!r.
the use eas ploposed:
(2). dlscrjption lnd reason for the proposrd ertland use;
(31 th€ obiection to the pernj,tt"d rrltland use, j,f anv;
(4) uh"ther the applicant desilrs to be cohpensated for the
denicd use or for r1I prieat. usas of thc rr"t1and, or drsires to
se 1I thc rr"tland,
Subd. 3. I DEtERIINATION. I (a) Thr borrd of eat?r lnd soj,l
rlsourcrs nust cons idar :
(!) raconnlndltions of thc Boll lnd L,lter consareation
district,
(2) th" publtc.v.lu. of thr ertlrnal eith lnd t ithout the
DroDoS?d u3! i
(3, the surloundinq lrnd usa,
(a) thc afflct on the llndoHncr of drnvr,na thc ploposrd
usr; rnd
(5, tha flir Eark"t v!lu! of tha eQtland sith lnd elthout
lhe Droposed us?.
(b) tha bolrd of l'!t!r lnd 3oi1 lasourc.s 3h!11 detcltnine
thr arnount of thc cotnDlnsation and notifv the eetllnd oHnrr.
The borrd shall Drgvid" an oDDortunitv for th! rrctland oune! to
r2/20/90
IREVISOR t xx/,4n 9l_0{l{
I &ret i,i th the boa rd and dlscu ss th I nt.
2
!
4
5
6
Subd. {.I COVENAN? AGATNSI COTPENSATED USE In ex cha ngeforthensatlonthlrd o f nat e! an d rol reso u lces m !st
.1
Il!or e rnan ent cov ntnt rat cme nt !I n t he to rd us e.Src'. 1:,. IfO3c.235El I ENPONCETTEN?.
J
s ubd ivisi on :,.
8
9
10
Ll
t2
l3
Itt
7 TRANSFER.I
a tr i !.d rmi t ni not tr nsf"!titl a to hc rt untiltthesoi I and uat!r conS!tv!ti ond istri ct crr tifia(r ) an .d vet s ?a tfect3 of th cu !ni. tt rd usc ha v!beencol r "ctrd ia nd
(2 thc c ORII1 ission ar o fna tu ral.rcso urccS hrs bee npa id analtrn tn tmoun t det rDined th"cor.ru!issio ntr tonSat!for an ad vr rsr rff.cts to ri Ldl if..
A pc rso n uho Eak"s an.l.tcrn!t lvt u s!of t ectl and ui thou t
I TLLECA! ATTENNAIIVE USE PAY'{ENIS TTTLE
Subd.2-ICO!{I{ISSTONER OF M?irnAL REsOunCES. ) rhe
l5
l5
l7
l8
l9
20
2l
22
23
21
25
26
27
28
29
t0
comrn ission a! of natu r rl r a30u r c!s tnd co nse!v .ti on oft tce rshrlI cnfor cc ta ws Dra sarvin qt Dro rl"tL rnds.Thendnq
comni,331one!of n!tu ral r"ou ce na lssu!s? rn d des i storderto rt oP!ny ill."qal lctiv v.d ve rsel ya ffcctin qauat I !nd.A vi ol ation of an Ord"r undCr thi s bdivis ion isni sd eDlano ! and
ashallb"pros ?cu ted b v th tc oun tv !ttorne e!eth"eet I and is L ocated or th?ilI"aI !ctiui t v occu r red.
Scc.
s
12. IpERXrr srrplralcAtroN REpoRT. )th!boa rd o f eata r and 30i I r?sou !cts lnd th t co![n rss rone!of th?dlDart ncnt o fnr tur!l rt50 urcts,ln con s ult.ti on eit h therIatf"r!l encia .Il lntl a hn to3inDLi f v and coo rd i. na ta t t!ta rnd fcd e!al Dcln itt INE DT oc?d u r!src!!t "d to e?tl end usQ an lh.L l r on the D lr nto thrl"si st a tur .by J.nutry 1,992.
81
ADIIINISTRATIVE SECTIOT{
EH[NH[ESEN
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 9s7-5739
IIIEI.IORANDITI,I
TO: Planning Conmission and City Council
FRoU: PauI Krauss, planning Director
DATE: February 22, L99L
SUB.I: Uetro Council Analysis of Water euality in Area Lakes
f arn. attaching excerpts fron a Decenber, 1990, study of waterquality of 21. netropolitan area lakes. The study was c6mpleted byDick osgood is a who hydrologist with the lfetropol itan - counci IlThree of the lakes he is studying, Riley, Minnewashta and Lotus,are within Chanhassents borders. Lake water quality anal.ysisrequires a protracted period of tine to develop accurate' forecastsand trends with any certainty. In addition, ltr. Osgoodrsrnethodologies have been questioned by other professionars and thus,may be. subject . to sone criticisn. However, I do not professexpertise in this area and arn willing to accept the data it facevalue. The report attenpts to sum up the analyses of these lakesrrith a Lake Quality Report Card on plge 6 of the attachments. Of
..lakes in Chanhassen, ![innewashta is given a grade of irArr, Riley isrrC-rr, with Lotus a ttc to Drr grading. According to the 'report,
aquality of trAtr tould nonnalLy correspond to no- inpairment of use
9"9 t.o water quality, ',Blt sone irnpairment, rC'r is lnpaired, whilerrDrr is definitely irnpaired and trFrr indicates thal no use ispossible. The report drarrs the conclusi.on that Lake Riley issignificantly inpacted and appears to be degrading over time, whileLotus offers rnarginal water quality at best.
This information is being supplied relative to your interest inrrater quality issues. vlhen the Surface Water Utility progran is upand running, we will build upon this type ot intonnation buthopefully will be abLe to get better data and nore conclusiveresults. It does, honrever,. point out the timeliness in adoptingthe Surface Water Utility District and being .in a position to dealwith these problerrs in the relatively near future.
CITY OF
SI,'MMARY
This report is the latest in a continuing scries of reports s,hich summarize the resutts of
the Metropolitan council's ennual lake monitoring program- The councit has collected lake
water quality data on Area lakes since 1980. This repors contains data from 21 lakes iampled in
190. The objects of this study urcrc to:
1. Provide lake quality data to late aod warcnhed managers.
2. Advise maDagers of knoum or suspccted tbrca8 to late quality.
3. Revise and update The Limnologr, Ecologr and Maaagement of Twio Cities
Metropolitan Area lakes,' a 1988 report that describes the Metro Area lates.
The quality of the 21 lakes sampled in 1990 was inproved compared to recent yean. The
wet spring and early summer (rainfall 6.2 inches in excess of normal for March through July)
caused high flows into and out of the lakes which 'flushed' large amouas of nutrients out of the
lakes. The high floun, because they occurred eerly in tbe scarcn, resulted in delayed algae blooms
and generally clearer waters compared to other years. Because the phsphons data could not be
used, however, it was not possible to demonstrate abeolutely the reduced phmphons
coDceDtration in the lakes. But other evidence, such as lower algae concentrations and greater
transparencies, suggests that phosphorus conceDtration was probably lower.
The unusually high early-season runoff, which cleared tbe lakes, is an infrequent event
that should not lead to a false seme that the lakes are improving. Rather, the hydiologic evens
in 190 lead to a one time improvement. other enidence suggests that, ovcr longer time-frames,
many lakes are actually degrading.
The relative improvement this year, in contrast to other yea6, gives an impression of the
magnitude of year-to-year variability in lake quality. This variability is normal However, because
it exists, real trends in water quality may not be detected for maay years. The council has
recommended minimum data collection requiremcnts (5 to 10 samples per summer, repeated
every 2-3 years) to address this concem ('An Evaluation of I:ke and Stream Monitoring
Programs in the Twin Cities Metropolitan Area'). long-term monitoring of lakes is essential to
manage,these resources properly. our sampling has shown that long-term monitoring, perhaps
approaching 10 years, should be the working baseline to be useful to lake and watenled
managers.
Quanti$ing the magnitude of ],ear-to-)Ear variability in latc quality is importaot to lake
managers so they cag b€st matrage the lakcs for tbcir recreational opportunities. A Metropolitan
Council study bas shown that recreational use is affccted by poor takc quality, An indication of
'average' water qualty is of little use to lake BaDagers because of tbc Dormal vsriability. otr the
other hand, lnowledge of thc variability in lakc quality, which only comcs from inteDsi\r€ sanpling,
give much more useful information. For example, when the average phosphonrs conccntration of
a lake do_ubles, from 20 to o vgfi- tbe average chlorophyll coDcentration atso doubles (ro to 20
pgll-). However, the occurrence of rcrere algae blooms increases from nonexistent to 36% of the
summer, The worsl cas€ event is important to recreatiqpal planning in much the same way the
l00year rainfall event is important for designing 0ood cbntrol facitities. In both cases, a lot of
data is required to define tbe extreme conditioos.
I
The 2l lakes harre been assigned letter grades, akin to a school grading sryte9. ]-he
qu"lity of the t"kes is graded
"""otdi,,g
o a-9urvc' yhigh is drawn from all lates in tbe Metro
i;;;' i;. ;.ph, ,{t are the b€st l-0%, B's are in the bp n%, ck arc in the middle, D's are
;h" i;;4 3g%,'"ocfr * the poorest LoVo. Tbc gradcs ictate to the potegtial for rccreational
use of the lakes Lakes of dilferlnt grades, therefore, may require different manage,rcot to
;;;; il; Liltrot pot"oti"t use. ThJ recreational use potential correspoads to_the grades' as
f"il-" 6 tJ"n<t ii 'Assessment of kkc Use-impairment in the Twio Citics Metropolitan Area"):
,au No impairment (of recreational usc)
B: Slight imPairment
C: Im-pairednse, atso the most tyPical lake in the Metro Area
D: Severe imPairment
F: No recreational ue Pcsible
Thesegradingcategoriesarcrrscfultorccreatioomaoager3'cspec'iallyatthelosereodofthe;;i;. 'F";;rple] a 'c-D' lake probably wilt reguirg 1ge management auention; a.'D' lake
certainly will ."quir" so.e ,"o"g"*"ot to make it suitable for recreatioo. and aa 'F lake
;;;tl"bli ."o"oiu. managed to fr*iae any reasonable recreational opportunities.
Thelgg0lakedatqaswellasallPastdatacollcctedbytheCouncil,werecomllaredto
aoolicable lake water quality standards toi aissopea oxygen' pH, cadmium' copper and lead'
;ifii;;;k; foiririorir"a since 1980) r,ere fouai-to violate the dissolved oxygen standard
;;'i;;;1". il""toJ ,1" standard. Iiis srspected that more lakes violate this standard since
ir is un in"t"ntaneous value and our routine .ampliog occuo during mid- to late-moming, which is
n.i G" ,tt susceptibte time. It appears that tlie morc eutrophic lakes,.such as grade'C'or
il;";, ".; susc€ptible to violating tL; dissohed oxygcn standard during the summer'
ofthel20lakes,5gbavebeenobseredtoviolatethePHstandatdbyexcceding'apHof
9- While oH in excess of the standard is a normal (rccutrence for Metro Area lakes, the higb
i;.qr;""y'Jft pH s6ndard violation is sufficient cause for further investigation
CadmiumandleadcoDcentrationswerefoundatlerrclsapproachingthestandar&ina
numberoflakes.Siacewelackcomprehensi\rcdat&ttEcaonotconcludethatviolatioDsare
widespread. The copper stardard ap'pears to bc violated routinely in lakes that recelo tppt'
,.if"! ,i"",r"ors. iie MN O"pariient of Natural Resources issues permis. for uing copper
,uii.," ,o treat aquatic nuisand such as cxcessirrc algae, aquatic "ftq^9l ryt"rs' itch The
Diii *; lO'permits for copper trcatmen* in- thJMetro Area in 198& Howarcr, the DNR
does not svstematicallv inspect ii 6,aluatc thc effcctivcncss of the aquatic uuisancc trcatmeots or
;tr i;;;il;;,# a;,b;rganrms. srlce co?per stadard viotations are common following
iil"-ir".[r"o", the DNi should
-further c,atuarc thi owrall impacs of mpper sulfate treatments
in lakes.
ll
INTRODUCTION
Thc Metropotitan council sampled 2-1 lakcs in 190 as part of is continuing effort to
,*"g" ar"" iJo'-(Fig"." f). This riport follmrs a scrics of lake studies (Appendk A):
YEAR NTJMBEROFLAKES REFERENCE
1980
1981
1982.
r9B3
19&r
1985
tgt6lgl
r988
1989
1990
fi
30
1
?a
43
32
10
6
20
2t
Osgmd (1981)
Osgood (1982a)
Osgood (198,3)
Osgood (1984a)
Osgood (l98ab)
Osgood (1985)
Osgeod (1988a)
Osgood (1989a)
Osgood (1989b)
This study
Figure 1
1990 STUDY LAKES
HENNEPIN $.ASHINGTON
lndepcnd.ncc
Long
Waconi,
a a
0 r-'1
e
Ptrkarc
FAMSEY
o
Sr
McCarrons
lr!
Zumbrt Lo ,
Minnavrshta
1O Bry.n
1
0
ForcEtClear
Firh a
Rilcy
o
4
o a Ptioroscorr
Fish
C.drt o
OAKOTA6o
I
There were three objectives for this study The frrst objectirrcvas to provide data to area
lake and watershed managers. A long-term goai of the lake program is o. sample. important lakes
on a three-to-frve )€ar c),cle. The Couocil has comc clmc to achieving this go-al'-but lt w l
,.q"ii" *rpr"."itrry ir".s b,y the wate$hed ma-n-agement organizations (wMos) aad_ others
f"ne secona
'oUlective was to advise the managers of WMOs.Of toon'n or suspected tfueats to thc
*.ti q"ai y .'f fakes. The third objective was t9.re"Y and update the Endings. in The -.
ia.;.i.S/, i:.otog, and Management of Twin Citics MetropolitaD Area takes (Osgood 1988b).'
Littlc
C^HVEF
o
I
I
I
I
I
T
I
T
l
T
T
!
I
METHODS
Twentyone JlIetropolion Area lakcs *erc sampled at tro-urcek hteryals &on nid-April
through early-October 190. The lakcs were Dormdly visited betureen 8 a-m. and nmn oD the
sampling dap. Samples were collected from one station locatcd orcr the deepct spot near the
c€Dter of the lakes (Appendix B). Time, surf and c/eather couditioDs and station depth were
recorded upotr anchoring 8t the site. Temperaturc aod dissoh,Ed orygen nlere measured at oDe-
meter iatervals (temperaturc at half-meter intervals near the thermocline) using a Yellow Springs,
Inc. (model 50) field oxygeoltemperature Deter. Water transpareDcy x,as measurcd "<ing a 20 cm
black-and-white S€cchi dist Underx,ater irradiance was measured at half-Eetcr iotcwsls doqn to
a depth where light was < lVo of the surface irradiance using a Li-Cor uld€rwatcr qrranlg6
sensor, which measures photosynthetically active radiatioo (PA& 4(I)-7m nn).
Water was collected from the lakes' surface (tI,2 m) using a 2 mJoog PVC pipe that held
two liters of water. Three such samples were nhed in an &liter plastic jug. All water samples
were traDsported on ice in a dark cooler and processed and prserved srithin sft hours of
collection. Water from the surface jug was withdrawn for the following possible. chemical
analyses: total phosphorus CI?), total Kjeldahl nitrogen (fIG{), cblorophyll g (CI-A), dkaliDity
(ALK), total cadmium (CD), tot8l coppcr (Cu), total lead (PB), pH and specific conductaoce
(COND). Subsurface water samples were also draso for TP. In additioo, phyoplanktoo samples
were withdrawn from the surface jug and preserved in the field n a l% acid Lugoth solution.
Phytoplankton were collected from sk lakes (Bryaa! Fish-Hennepin Co., Independence,
McCarrons, Upper Prior and Riley) in cooperation with thc University of Minncsota - Duluth
Biologr Department. These data are not reported becaurc further anal5nis is p€oding.
The routine chemical analyses were performed at the laboratory of the Metropolitan
Waste Control Commission. The phosphorus and TKN samples were digested with the sulfates of
hydrogen, potassium and mercury GFO4, K$O. and HgSO.). Folloring digestion, phosphorus
was anabzed using a modified ascorbic acid reduction nethod (API{A 1980). It was discovered
that the TP samples were q/stematically biased aod had to be discarded- The TKN samples were
chemically reduc€d the same way as the total pbosphorus samples, tben were color-inteosified
with sodium nitroprusside and assayed for ammonia colorimetrically. TKN from the surfacc were
anal;yzcl in duplicate and average values are reported.
Samples for CLA were filtered ooto a 0.45 pm glass-fibcr-Elter, saturated with magnesium
carbonate, and stored &orcn in the dark until analfzed (within 30 days). Chlorophyll was
extracted from the filters by homogenization in 90% agucors aoetoDe. The optical density of the
extract was measured spectrophotometrically at 63IJ, G7,681 and 750 nm- C[,A was calculated
from a trichromatic equation that corrects for turbility (APIIA 19e0).
A 50 ml sample for ALK (g CaCOr. m)was decanted from the 6eld surface jug and
then titrated with o.(DN HCI to an electmmetrically deternined end point of pH 45.
The three metals, Cl, Cu and Pb, were anal)'zcd using tbe furnace procedur€ on ao
atomic absorptioo spectrophotometer.
Specific conductance atrd pH urcre measured in the laboratory using one of several
available lab meters that were calibrated each day,
2
RESTJLTVANALYSES
WATER QUALITY TRENDS/TROPHIC STATE
The lakes were improved in 190 compared to other yean. Chlorophyll conc€ntrations
were improved in eight lakes (fabb 1) and Secchi disk was improved in 13 takes (Table 2). The
cause for these improvements may be lower phosphorus conc€ntrations. However, without
phosphorus data, this is not known (see Methods). The lake surface temperatures were -loC
lower than normal during July and August, which may have reduced algal production since it
depends (in part) on temperature. One-meter temperatures from early-July through August were
0.8'C (p < 0.1) lower thau normal (Ggood 1988b), but September surface temperatures were
2.9 'C (p < 0.1) greater than normal.
The improvement in the takes this year was most likely due to above-average raiofall in
the spring and early suurmer. Rainfall and runoff exceeding the normal by 16 cn (6.2 inches)
from March tkough July 190. August and September were 7 cm (2.7 inches) below normal.
The above-normal springtime and early-summer rainfall and runoff probably caused a reduction in
lake phosphorus concentratiour compared to normal years, especially in lates with fuoctioning
outlets. The loss of phosphorus tfuough surface outleB durhg the spring and early-summer has
been found to bc a significant factor in determining the summertime phosphorus conc€ntration in
Metro Area lakes (Osgood 1989a).
Higher springime inflows to the lakes, causing lower phosphorus concentratioDs, along
with lower summertime surfac€ temperatures may have combined to reduce the algal
concentration and increase the transparetrcy of Metro Area lakes compared to other years (Tables
1 and 2). However, the obsemed pattern in 1990 appears to be a response to above-normal
runoff; it does not necessarily repres€nt an improving trend rather an improvement within a
normal range of variability.
Because our data records are not sufEciently detaile{ substantiating trends in changing
lake water quality is dilEculr The Metropolitan Council has recommended minimu6 d313
requirements for lake monitoring programs (Ggood 1989c), and point to continuing lake
monitoring at intensities similar to this study as being essential for sound lake and watershed
managemenL
3
Trends in May - ScPtcmber average surface chlorophyll g concentration (mg' n').
I_
I
:
-
Iake -80 w ts3 84 '85 al '88 ts9 90
Brvant 28'm 35 37 2t
Cedar 26 27 73
Clear 38 D 18
Fish (Henn.)27 /.5
I
4 27
Fish (Scott)30 41
Fore.st - 1 34
Forest - 2 20
Forest - 3 49 32 17
Independence 55 39 ?5 28
Little L,ong 3 3 3
55
McCarrons 20 t4 26 30 18
Medicine 11 53 u 52
Minnewashta 6
24 16
Lower Prior l0
Upper Prior 51 68 62 38
Riley 30'24 24 43 ,a
Spring 28 48 45 73 4t
Waconia 33 2r 2l 1.
Zumbra l5 23
ln
Table 1.
4
i
I
-
t
r
r
I
85ts1
24
72
13
53
22
v
42lotus
t7l6
6
Parkers
11
x45
amP ln
Trcnds in May - Scptember average Sccchi disk (n).
5
Iake ts1 t2 an a4 u ,n 18 90
Bryant l.l'1.9 1.5 1.6 1.0 z4
Cedar 1.4 LI 1.4 0.9
Clear 1.3 1.2 1.5
Fish (Henn.)2.0 2.1 1.5 2.1
Fish (Scott)1.1 1.2
Forest - 1 7.4 1.8
Forest - 2 1.3 1.8
Forest - 3 1.3 t.4 LO
Iodependence 1.1 1.4 1.9 Z2
Little l.ong 5.3 5-2 6.0
Lotus 1.2 l5
McCarrons 2.3 L7 2.8 1.8 1.4 1.8 3.1
Medicine 1.4 1.9 1.8 1.9
Minnewashta 3.6
Parkers 2.1 z4
l,ower Prior 3.0 2.9
Upper Prior 1.0 1.2 1.4
Riley 1.4'2.3 1.9 1.8 ).,1.3 t3
Spring 1.7 2.6 2.0
Waconia 1.6 zo LI zt
Zumbra z4 L6
t80 t5 tsg
1.8
1.4
3.1
1.4
1.9 t.2
Table 2
L.AKE QUALITY REPORT CARD
late q ralityreport car! was doreloped last Sear (Osgood 1989b). The idea is simplythrt lake water qualrty characteristic cao be ranted by comparing measured values with other
Metro Area lakes. The grading cuwe represents perc€Dtile raages for thre€ *'ater quality
indicators - the summertime average values for total phosphorus, chlorophyll g ana's€ccli aisk
These percentiles use ranked data from ll9 lakes sampled froo 1980 - i988:
GRADE PERCENTILE TP CI.A, SD
Little Long A
Minnewashta A
Prior - Lower BZrmbra B-
McCarrons B-CParkers B{Waconia B€
Fish (Scott County)
Iotus
Prior - Upper
Spring
Cedar
A
B
c
D
F
<10
1G30
3G70
70.90
>q)
<10
tomm4
&77
>77
>3.0
2.2-3.0
17_1)
o.7-1.2
<0.7
These water quality grades only characterize the opec-water quatity of lakes. other nuisances,
such as the abundance of aquatic macrophytes are Dot indicated with tbese grades.
The grades also correspond to the recreational use-impairment of the lakes (see Osgood
198q1). A grade of 'A' would correspond to no impairment, B' to some impairment, 'C' is
impaired, 'D' is severely impaired, and 'F indicates no use possible.
The report card for lakes sampled in 1990 is presented below. The grades are based on
all data from past studies, so that the grade represents an overall characterization. Pluses and
minuses are assigned to indicate apparent trends, either improvement (+) or degradation (-), in
the lakes'quality (eg. [:ke Zumbra). For several lakes, the normal range of water quality
indicaton measured in this and past yean, spaDs the p€rc€ntile ranges noted above. ln these
cases, both grades are shown (eg. kke McCarrons).
LAKE OUALITY REPORT CARD
c-D
c-D
c-D
D+
D.F
6
Bryant C-Clear C
Fish (Maple Grove) C
Forest (all basins) C
Independence CMedicine C-Riley G
<23
23-32
32{B
68-tS2
>152
Several lakes appear to be changing. Spring Lake appears to be improviag, although this
is a cautionary judgemenl More data is required to veri$ this assessmenl Similarly, Iake
Zumbra appears to be degading, but this is a cautionary ass€ssment as well. Three other lakes
sampled this year, Bryant, Medicine and Riley, sppear to be degrading. The watersheds of these
lakes have undergooe extensive urban development thJoughout the 1980's, so increased pollutant
inpus, followed by the eutrophication of the lakes, would be expected
Paoo ,3 - Ch.nh.lxn VllLgrr - Thu6day, February 28. 1991
o Olnl0ns
Time is right for visionaries
With r tigh city b,udgg, r bld lulc for rcfcrcn-
.dum$ .!d gorrd unertrinty rbout tbc coonony, il
it hcrrtcdrg to ttrow tbcro rrc *ill romc forwrrd''
thintcn ia Ctedrrrcn.
It vonld bo r good Grroplo !o oltcr nmDunity
orgraizcrr to wrct rhc wortiags of thosc wbo rrc
clviriooing crcitiry things for Chrnherscn's fulurc
- ardfcdly tborG thrt fororcc r lodor ocntcr utd
r muafr:iprl golf ourrc. Thcir idcu ray bc vicwcd
titb r *rd, oyc, but thoir prporc rnd phnning rrc
rljlt ol tu3a.- fto nc{g[q Crnh$cn thnior.Cormiesbn, '
'whao urh pupolc i! to rdvi* thc cily council on
tio rcdrofpooploovo,r rgc 55. hr trlon lDc bull by
, tho horu sith itr pll[ !o audy thc porsibilitid of I
fuurt raior conlor rnd rnior housing.
Wc drordy tmw l[rl thc roaior citizcn populr- .
tiol in Cheahrrccn brs doublcd in thc lrst dccedc,
ud ttl it will gov sipificrDtly in rt lcast thc ncrt
6vc ycrn. Tbrt b.s implic.tionr for r community
tbrt gcacrdly thinlr of itsclf rs yuppy-and-coming.
lhc Scnior Commission, fortunrtcly, has frrnds
rydhblc to it to rcscrrch thc idcr of s scnior ccnlcr
end housiag. Thc mcmbcrs Irc rcalistic .thrt thcir
rlpinlioB msy ml be rcslizcd in thc nc& fulurc, but
thcir counc ic nrccasery if enything is to bc rccom-
plirhod.
Editorial
, Idls havc gelncd EomcntuD smoog thi rccrcr-
tioaandplenaiagcommissioo?rEeboutthcpocsibll-'
ity of r municipal golf coursc romcwhcrc in Gro-
[asrcn, somcwhcro in thc fulurc. Onc of tbo lhcnca
c
Vifof lhc rcvisGd Comprchcnrivc Plrn ir rvc u muoh
opcn 3prcc,rs posibb Aom tbo dcdpr of bnd
dcvclopcrs.
Tt6c lbrt uc brcliag thc idcr of e nunicipd
golf gourec rtdizc thl il is Dol t short-tcrn 8od to
build r courcc, bot it ory bc ncocssrry !o scr rgidc
lud soon if uytbing ir lo omc of thc idcr.IIrcy rrc
dso crcilcd ovcr thc idce ofjoining the objoaivocof
srving opcn specc, providing rffordeblo rccrcrtbn
for rcsidcnts, end crcstitrg almost ccndn cconomic
bcncfits for thc city.
Thcrc arc many possibilitics that hrvc yct to bc
considcrcd, but thc idces nced lo bc gcnerstcd now if
Chanhassen wsnts to bccomc thc oulstanding com-
munity it pmposca to bc. Ard thc forcsight demon-
strat€d for r scnior ccnlcr and r golf @ursc etc
tcsting grouods that sbould bc nunurcd Joti$:lT;
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CITY OF
EH[NH[SEEN
690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(61 2) 937-1900 . FAX (612) 937-5739
February 26, 1991
Mr. Bradley J. Nielsen
City Planner
City ol Shorewood
5755 Country Club Boad
Shorewood, MN 55331
Dear Mr. Nielsen
I am pleased to present a copy of the 1991 Comprehensive Plan for lhe City of Chanhassen for your review.
The Plan represents the culmination of over two years ol effort on the part of the City Planning Commission
and City Council. The document is an entirely new Plan rather than simply a modification of ourlgBO plan.
This was done in view of the lremendous growth that the City has experienced and also due to the growth
and issues that the City must address in the I ggos. The Plan incorporates a concunent MUSA Line requesl.
The MUSA Line request is being made since the City is lundamentatly out of developable ground within the
MUSA. By 1990, the City had already experienced population and employment growth that tar exceeded
what the Metropolitan Council had projected for our community for the year 2000. The resulting MUSA Line
request is tor 2,780 gross acres with 1,571 net acres remaining after land that is not developnble lor various
reasons is excluded.
The Plan was otficially submitted to the Metropolitan Council lor their review on Monday, February 25, 1991.
As you are aware, the review process is likely to take a minimum ol 90 days, during which lime i would be
happy lo meet with you to discuss any aspects of the plan you feel are warranted.
Sincerely,
=Faul Krauss,-AICP
Director of Planning
cc Mavor ard CiN Council
r#anaing Commission
Shirley Bruers, City ol Chaska
Chris Enger, City ol Eden Prairie
Curt Oakes, City olctorh
Virginia Haffis, Carver County
David Clough, Chaska School Districr ti2
Dr. Donald Draayer, Minnetonka School District 276
Ann Perry, City of Minnetonka
CITY OF
CH[NIIISSEN
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (512) 937-5739
February 12, l9 91
Mr. Jay Kronick
Lotus Lawn anil Garden
78 West 78th Street
Chanhassen, MN 55317
Dear Jay:
The City has received your submitCal for A&ninistrative Site Plan
review to display balletl and burlapped trees for sale on the eastside of l-'-ur property. The burlapped root balls will be coveredwith wooa chip mulch and vril1 be contained in an area 115 r x100'. The outside storage area will be setback 25r from thefront lot line and 5' from the east Iot 1ine.
Staff agrees to the proposal and approves the A&ninistrative Site
Plan with the following contlitions:
An unilulating lantlscapeil berm 2' Eo 4' in height sha1I
be located in front of the outdoor display area. Agratling and landscaping plan sha1l be submitteil for
s: aff approval .
2. The existing berm in front of the building shall
be landscaped similar to the new berm so that the
landscaping and bern are consistent throughout thesite.
A LeLter of Cretlit covering the cost of the improve-
ments anal to cover cost of landscaping through onegrowing season sha1l be submitteal prior to expansionof the site.
1
3
4. Pay a $100 fee for Adninistrative Site Plan approval .
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CITY OF
EH[I{H[ESEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
February 27, 199].
Mr. Carl Ohrn
Metropolitan Council
I'lears Park Centre auilding
230 East Fifth StreetSt. Paul, MN 5510 L
Dear Carl:
Several lreeks ago, you and I had a telephone conversation regardingMetropolitan Council Rural Area PoLicies relative to the City ofchanhassen. As you are ahrare, lle have been avidly following thedevelopnent of the ne!, Rural Area Po1icy docunent and are generallysupportive of rnuch of its content. This Letter, however, iswritten to specifically address a natter that is peripheratlyreLated to the RuraL Area Policies, but cane to our attentionduring their discussion with Uetropolitan Council staff.
Tn 1986, as a condition of the Lake Ann Interceptor Agreement, thecity of chanhassen was obligated to revise our zoning Ordinances inseveral areas. As a result, we adopted current state of the artstandards for on-site sanitary systerns in the rural areas,incJ.uding a requirement that alternate drainfields be provided.Additionally, the City revised the ordinance to allow a maxinundensity of no more than one hone per ten acres. As a finalneasure, we hrere required to raise the minimun lot size to 21acres.
The ordinance revisions required under the Lake Ann Interceptor
Agreement remain in place and have been faithfully adhered to.
However, as a result of discussions on the Rural Area policies, lire
becane aware that shortly after the City rras obligated to establisha 2\ acre minimurn standard in the rural areas, that a one acre
standard was accepted as the standard by the Uetropolitan Council.Further, we note that the current Rural Area Policy docunentproposes the elinination of nininun area standards preferring tcrely on the actual ability of local sciiLs to allow for the properfunctioning of on-site sanitary disposal systems.
In liqht of this ne\./ flexibility, the chanhassen planning
Cornrnission and City Council have directed ne to forrnally request
Mr. Carl
February
Page 2
Ohrn27, t99L
that the lletropolitan Council agree to a revision in the Lake AnnInterceptor Agreement that would elininate the 2L acre minimum 1otarea requirenent. Our purpose in doing this is not to increase thedensity of development in the rural areas. we are ful.Iy supportiveof the 1 per L0 acre rule that has been applied over the past fouryears. Rather, we seek design flexibility so tiat more
env j.ronnrental ly sensitive subdivisions nay be created. We alsonote that Chanhassen is currently in the process of requestingMetropolitan Council approval of a new Conprehensive pl.an and IiIUsALine amendment. Work done on this plan indicated problems r{ith theregirnented 2\ acre nininun standard relative to the futureincorporation of these subdivisions into the Cityts normaldeveLopnent pattern as the corununity qrows. It is hoped snallerlots could avoid this problern while being more environnentallysensitive.
Attached you will find a copy of the staff report and packetconcerning this request. You should also be awaie that this wasdiscussed again with the Planning Commission in January of thisyear, where they clarified that they vished to have the nipirnurn lotarea requirernent totally deleted so that in some instances thepotential of a cluster disposal systen could be investigated foruse. I am also attaching a copy of revised language for the Lake
11" Interceptor Agreement that has been prepared by our cityAttorney that r{rou1d bring about the requested policy change.
I realize that thj.s request is sonewhat out of the nonnal contextof_ municipal/Metropol itan Council activities. I appreciate yourwillingness to assist Chanhassen in seeing that this requesi isbrought before the appropriate individuals at the HetropolitanCouncil. I vrould happy to discuss this personally with you orother menbers of lletropolitan Council staff at your conveniLnce.
S incerel
Paul Xrauss, AICPDirector of Planning
PK: k
Enc I osure
llayor and City Council
Planning Cornrnission
cc:
IGE}TDA
CEATEASSE AENIOR COTII{IAAION
IRIDAY, FEBRUARY 15, 1991
9330 l.ll. lro 12:00 P.!t.
CITY EArrL COUNCIL CEAIIBERa
Approval of llinutes
Public Presentation - Senior Citizen Club - open
Discussion
Fire Protection
I,[arshal
Presentation by Mark Littfin Fire
Approval of By-Larrs
coals and obj ectives
Interim Space Possibilities for Senior Citizens Use in
Chanhassen - Barbara Uontgomery
General Discussion of ltems by Planning Directora. Block Grant Funding/Housing Study
** FOR ![EO8E OF YOU TEO }IEED TRAIISPORTAIIION lTO IEE IiEErING,
CON1IACT AEARITIN AI,-iIAFF AT CIEY EALL (937-1900) A}ID A
RIDE flLfr BE ARntrNcED.
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SENIOR CITIZEN COI{UISSION
MINUTES OF JANUARY 18, 1991
The meeting was
chambers.
ca}led to order at 9:30 a.m. in the Council
lilEt'{BERS PRESENT: Enna St . John, Selda lteinlein, Betty Bragg, JaneKubitz, Barbara t{ontgonery, Bernlce Billison aria sUeiot n5iird.
STAFF PRXSENT: PAUI KTAUSS,Planner I.Planning Director and Sharnin Al-Jaff,
AII nenhers introduced themselves, as nell as staff.
Establishnent of a Uonthlv Irleeting Schedule
The conmission decided that the neetings wilr be held once a nonth.The conrnission will meet on the third Friday of each nonth ahd ifthere is a need for a speciat neeting, then it sha1l be on thefirst Friday of the month.
SCUSS ui
Barbara ltontgonery had prepared by-laws for the Cornnission and theyare attached.
Paur Krauss suggested that the terms of commission shouLd be at 2and 3 years so that not alt menbers will Leave at the same time.
Election of Chair and Vice-Chair
Jane Kubitz norninated BFrbara llontgonery for Chair and Betty Braggfor Vice Chair. SheroL seconded the notion. All voted in tavoiand the notion carried.
10n t
Larry.Blackstad fron Hennepin county was present and indicated thatthe City wiII receive a block grant of- approximately g35,OOO to$36,000 every year, of which gTIOOO is sent to South Shore'seniorCenter. There are linitations on spending. The program is suchthat all of the money must be spent or lose it. -Th6 reason whychanhassen is erigible for this grant is because a snalr porti.on oithe City is located within_Henn-pin County. Dakota, Heinepin andRamsey Counties are all eligible for those funds.
Selda asked why the school group could not be caI1edPaul indicated that this should be a future agendadiscussion.
Larry Blackstad indicated that the city will receive g3g,OOOnext year. Those allocations are based upon population'andnurnbers are received through IIUD. fiiteen percent of
a center.iten for
for
the
the
allocation goes to public service.
As far as what other cities are doing, the CDBG funds have paid forJoanne Kvern and the.cook's salary for the south shore centir. Thegrant also paid to insta1l. the kitchen, bring tire UuilEing up t"code and the entire operation. ro guality tof trre grint,-yzu n"st1) -have urgent conmunity need, 2) binefit f5w fi"il; ancthandicapped persons, and rl eriroinate srum and blighi. ---itE-gr.r,t
also paid for the westonka Directorrs salary ana transpoii.€ior,,helped pay for the vents, some cooraiiration --"i-'=.."i."=.
Minnegasco provides transportation for westonka. ottrer trrlnll trr.thave been done in the past .is. pay for planning sdudi"=,transportation studies, transportatio-n -in g"r,.fat. - -RErt-iJs notbeen paid fron the CDBG fund but it could be.
PauI stated that he conta-cted a couple of developers in regard tosenior housing. The HRA is not ierribly excitea J"ut'seniorhousing but they have conmitted to do sone€uing i".-tt" -r."il.=.
Discussion of Work proqran
Tle- interin space to service the seniors is what the commissionwished to concentrate on-. The study ttrat ttre senior citizen TaskForce did, specified goals for the ionrnission. s;"i".;ii"Ii,g
"r,interin phase to service the seniors .i" i" so conpricii"al- iiru...Montgornery noved to have those that are i.ntrirestea -1."a trr"chanhassen crub to attend the next rneeting on February rstrr. irrosecitizens are urged to attend tue neetin!. Arr voted in favor andthe motion carried.
Senior Citizen CornmissionUinutes of January 18, 1991
Page 2
Handouts shall be prepared and distributed by Selda at the nextChanhassen Club neetin g to inf orn all the nenbers of the inportanceof the next neeting.
Nehrs Ietter
The Senior citizen conmission will be putting together naterialsfor the newsretter that goes out for trJ cityi rra;;-ilrJiirr u"included in the next riewsrettei wiir r".1ua. -[t. -i'iur]a-nia.
service and the south shore center ..rri"" i" -crr""ir""r-J"'i ''a"tty
Bragg indicated that Buffato Minnesota rras Jusi 6;-;;;;; seniorcitizen center. rt .i-s a farrning-:-o;u"1at, -dr,i'p"iii-"ii"on ofBuf faro increased rapidry and they buiit a =eliio. ""rii-Ji .,tlr" trr"o1d Legion rras. Thii coinunity c5uiJ lJ conpared to chanhassen asfar as characteristics - rhe 60mmission votea to take the secondIri9.y of February which wilr r.ii-on i.u.o"* itr,,-io I€I"ia tn.Buffalo senior citizen center. The connissi""-ii=" J.-Jitla toi"yit: the City councit nenbers-io attena trre tGra--irip toBuffalo.
Senior citizen Comnission
Minutes of January 18, 1991
Page 3
Betty Bragg indicated that as long as there is a section on theagenda Senior Fire Protection progran, she wanted to nentioned thatthere is sonething_ called irElder Alertr. The progran is sponsoredby the state of trtinnesota. There is a tube tfrat is kept in therefrigerator. Inside the tube, a piece of paper is iept thatcontains arr important infonnation aEout trre hLaltrr of the- seniorthat lives in that apartnent. If there was a fire, the firenanwill go straight to the refrigerator to get the infonoation that
Tight-be necessary. The Connission was running out of tine,therefore, the neeting with f,lark Littfin was relcheduled. TheConmission also wanted to invite Todd Hoffnan to discuss r{rhat typesof recreation is available to the seniors and rrhat can be done iorthen.
The meeting was adj ourned at 12:10 p.n.
Zetb
A Fire Safety Program
for Older Americans
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Meet Flo and Walt, a couple of fiery personalities.
When they get together the sparks really fly. But
don't just laugh at their misadventures, home fires
happen every day and illustrate the need for all of
us to "Retire Fire."
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Toble of Contents
ZetbRflWE
FTI?E
INTRODUCIION
PRESENTATION GUIDELINES
Presenloliori Outline: :.
2
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F c Admin
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Fldrral Emrr0?ncy
Manaoamtnl A0!ncy
ORGANIZING YOUR PROGRAM
U.S. Fire Administrotion
P.O. Box 65845
Woshington D.C. 20035-5845Letls
Senbrs ond Firc
Sofefy
1. :I ' .n vour town and across the
:i:.;'rfi. t;rnry,
"
.ingle group of
l :.I,1;sltizens is at the $eatest risk of' dlng in a fire. Who is this $oup?
Americans over 65. Consider these
statistics:
r Every year, more than 1,300
Americans over 55 die in fires.
. People over 80 die in fires at a
rate three times higher than the
rest of the population.
r 75 percent of the older
Americans who die in fires do
not even have a n orking smoke
detector.
Of all the goups you serve, it's
older Americans n'ho need your
help the most.
Senbrs - o specil grorp with
speciol concerns
Whv are older people at greater
risk in fires?
. They may be less able to take
the quick action necessary in a
fte emergency.
. Often, they arc on medication
that affects their ability to make
quick decisions.
. Many older people live alone,
and ra'hen accidents happen,
others may not be around to
help.
Lih-threocning or€o5 br
seniots
Unlike fires that touch other seg-
ments of the population, most fires
that affect older Americans occur
during the day. Hazards to seniors
are concentrated in four areas:
Cooking: For older Americans,
the kitchen is one of the most acti\.e
rooms in the house. And cooking
is an important - often the most
important - dailv activit],.
Unfortunatelv, cooking can mean
danger: a droopy sleeve could
catch fire from the stove, or a pot
left on the bumer can become a
maior fire if forgotten.
Cooking is the leading cause of
fire related iniuries for old-er
Americans. For women over 65.
thekitchen is the most frequent
place for fire iniuries. Bums an.i
scalds from hot tap u'ater are
threats in the kitchen as well as r,,t
bathroom.
t
Smoking: To an older person,
smoking may seem like a casual
activity. The unsafe use of smoking
materials is the leading cause of fire
deaths. Imagine someone
watching television with an ashtray
balanced on the arm of a lounge
chair. As the person falls asleep,
the ashtray drops to the ground.
Fire fighters are familiar with the
rest of the scenario.
Heating: Because of heating costs,
older Americans frequently use
alternate heaters, such as wood
stoves or electric space heaters.
Too often, the heaters become a fire
hazard, particularly when
newspapers and other combus-
tibles are nearby. Heating is the
second leading cause of fires in
seniors' homes.
Wiring: Older Americans often
live in older homes that have
wiring problems, ranging from old
appliances with bad wiring to
overloaded sockets.
USFN s bt's Retift Fire campaigrt
offers you the tools to overcome
these fire statistics and hazards.
Le/sRetircFirc
The driving force behind Lst's
Refire Fire is its approach.
Although the campaign can be
implemented on differcnt levels, its
core is community outreach -
people helping one another. USFA
has found that some of the most
successfu I programs involve
seniors educating other seniors
about fire safery
Peer education is non-threat-
ening, and by usin8 others to
spread the word, you can reach
more PeoPle with less effort. In
peer education, seniors can play a
cmcial role, participating not only
as learners but as educators. Lef's
Ref,ire Fire values seniors for their
abilities to help themselves and
each other.
Let's Retin Firc oflers four levels
of approach. Outreach can occur
through:
1. Fire fighters' presentations to
seniors. Active seniors can rehrrn
from a presentation and check their
own homes.
2 Existing seniors organizations,
like Meals on Wheels. Distribution
of fire materials and information
would occur through an existing
ProSram.
3. Your team of Let's Retire Fin
volunteers. l,ocal fire stations can
organize and train a team of senior
volunteers to visit homes of older
people in your area.
4. Community groups other than
seniors, lile the Boy or Girl Scouts.
Distribution can occur through
youth, rcligious or social
organizations.
Conrnr&dhg wilh older
Anerbns
When a 70 year-old man looks in
the mirror, he morc than likely sees
an intelligent, active citizen. When
you work with seniors, you should
see them as they see themselves.
Like all Americans, seniors are
concerned about their home, their
independence and thefu safery
Trcat these concems with respect,
and you'll succeed with your fire
safety m6sage.
Ihis kit includes...
This kit includes talking points for
your pres€nt-ations, public sen'ice
announce-ments, fire safety
checklists, and wall hangers with
easy-to-remember tips that can
make seniors more aware of fire
dangers.
Senior fire safety progams
across the country can make a
difference in reducing local fire
statistics. Izfb Reflre Fire will help
you mobilize seniors in your area
to help themselves and help each
other.
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Orgonizing Your
Progrom
fublic educotion
. ne of the most
$,or
encouraging aspects of
public fire education is
ks. Fire departments
have proven time and again that
promoting fire safety practices can
significantly reduce fire deaths and
iniuries. No doubt you can
probably think of examples in your
own community in which a
properly maintained smoke
detector or a well-rehearsed home
escape drill saved a child, an older
person or an entire familv
Clearly, the need for ongoing
local public fire education
programs has never been greater.
Torgeting older Americons
:td..:enio, Americans are
::'::;i.t among the most
.','lE'- vulnerable to fire death
arid injury. This Let's Retire Fire
campaign kit is designed to help
you reach this audience with fire
safety messages. It includes a
package of tools that u'ill help you
promote fire safeW practices and
make sure those practices are
carried out. Specifically, you are
provided with:
. Ideas for developing a public
education progran targeted to
older Americans.
. Talking points for giving a
presentation to senior citizen
groups about fire risks and fire
safety.
. A wall hanger and checklist
that can be distributed during
presentations and through com-
munity groups and businesses in
your communiry
#i#,#*t*.}r"-
groups, businesses and private
citizens who might be able to help
promote fire prevention for
seniors. There are probably many
civic, church and neighborhood
groups in your community willing
to lend their support. Here are
some ideas on how they can help:
Seniors' groups can provide you
with a forun. One of the best
ways to reach senior Americans is
to go dircctly to them. Look for
seniors' clubs, church groups and
neighborhood associa tions; they
often invite guest speakers to talk
about issues of concern. Talk to
their members about fire pre.
vention and ask them to distribute
fire safety n'all hanters to their
less active friends.
C6mmunity groups can reach
inactive seniors. Many seniors
don't have access to transportation
or are physically unable to fully
participate in organized seniors'
groups. However, other organ-
izations are in daily contact with
inactive seniors, Meals on Wheels
and church groups, for example.
Ask their volunteers to take the
fte safety message directly to the
seniors they're in contact with.
For example, a Meals on Wheels
volunteer could take a few
minutes to check the batteries in
someone's smoke detectors and
look for overloaded electrical
outlets.
Group mernbers can become Lef 's
Retirc Eirc voltnleers. There may
be several organizations in your
community looking for a cause to
fulfiIl their charter. The Boy
Scouts, Girl Scouts and active
seniors' groups are a few ex-
amples. Consider training their
members as lpft Retire Fire
volunteers. Perhaps they can
identify where senior Americans
live in your community and help
take the fire safety messdge door-
to{oor. In the resources section at
the back of this kit are names of
programs you can contact for
guidance in setting up such an-
effort.
Orgonizing continues on Poge l3
lnvolving community orgonizolions
. Tips for working with the
media to promote fire pre-
vention among older Americans,
including sample public service
announcements and press
release.
Community outreoch
r '[!Er ublic fire educationli'l:I#t,: reouires a communitv-l;I';r:ir wiie effort. Even weil-
funded, fully staffed fire service
programs rely on other agencies,
community groups and private
citizens to help get the message
out. Community outreach can
make a big difference: It means
more people will hear the fire
safety message and more lives t'ill
be saved. There are other benefits
as well.
For the fire department, working
with the private sector can:
. Enhance the fire department's
visibility and credibility in the
community.
o Advance the fire department's
identity as an active promoter of
safety.
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: -:..:rr;' " "' Presentotion
ne of the most effective
ways of promoting fire
safety amonB senior
tiii'ns is to speak before seniors'
groups in your community. It
could be a group of seniors sharing
a housing complex or other living
situation, or a more structured
group such as a senior's club, a
church group or a neighborhood
association.
Pkring you Fesentolfrrr
i. efore you speak to any
group, spend some time
learning about your
audience and thinkiag about what
you hope to accomplish - what you
want your audience to do as a
result of your talk.
Know Your Audience Who will
I be speaking to? What do they
need to know about fire safety?
Thinking about questions like these
will help you determine what
topics to cover and how to present
the material. The more you know
about your audience, the better
you'll be able to adapt your
presentation to meet their needs.
Here are some
other planning
questions to help
you get started.
1. What is the
living situation
of ny audience?
Do they live in
single-family
homes, apart-
ment buildings,
mobile homes
or nursirg
homes? Do
they live in single
or multi-story
buildings? Do they
live alone, or do they share housing
with other senior citizens or family
members?
2, What kinds of fire hazards do
they most need to address? Do
they live in older homes that could
require electrical repairs? Do they
cook for themselves? How do they
heat their homes during the
colder months? Your fire
department can help you with
statistics.
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3. How self-sufficient is my
audience? Are they active and
mobile? Can they install and
maintain smoke detectors, or might
they need help to do this? How
quickly could they evacuate and
escape from a fire?
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/7Z77RE Pleose toke the time to onswer the {olloning queslions blore the prqrom begins.
Mork yanr onswers in lhe nPre' column. You *ill be osked a review lhe questions
blhwing the anplelon of the sohty les*n. Pbose mork these onswers rn lhe
oPosln column.TTI?E
Pre Post
1. A home should have a smoke detector on each floor, especially outside
the:
a. bedrooms
b. living room
c. kitchen
d. bathroom
2. After a battery-operated smoke detector is installed, remember to:
a. replace the detector every 3 years
b. change the batteries at least once a year and clean the detector
periodically
c. paint the detector
d. remove the batteries if the alarm goes off due to cooking heat or
smoke
3. A frequent fire risk in the kitchen is:
a. unattended cooking
b. cooking with loose, dangling clothes
c. using small pans on large burners
d. all of the above
4. The BEST way to put out a small grease firc in a pan is to:
a. move the pan off the stove
b. put baking soda on the fue
c. cover the pan with a lid
d. throw water on the fire
5. The BEST immediate treatment for minor and moderate burns is to
apply:
a. butter
b. ointment
c. cool water
d. first-aid spray
6. If your clothes catch fire:
a. run for help
b. take off the clothes
c. look for a blanket to wrap around yourself
d. stop, drop and roll
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Pre Post
7. Smoking in bed is fine:
a. if you remain upright
b. if it is before 9:00 p.m.
c. never
d. if the radio or television is tumed on
8. A good way to dispose of ashes is to:
a. place ashtrays in the kitchen sink and sprinlle with water for
disposal later
b. empty ashtrays immediately into an open waste can
c. empty ashtrays immediately into a closed waste can
d. none of the above
9. In your home, you should use ashtrays that are:
a. ceramic or metal
b. small
c. large with a wide '1ip"
d. a bright color
10. If you think there is a fire on the other side of a closed door, you
should FIRST:
a. feel the door
b- open it slowly j
c. open it quickly
d. cover yourself with blankets
11. ln escaping from a room filled with smoke, the safest air to breath is
lctated:
a. near the ceiling
b. near the floor
c. at eye level
12. A home escape plan should include:
a. planning two exits from each room
b. practicing escape routes
c. designating a meeting place outside the home
d. all of the above
13. If an extension cord frays, you should:
a. wrap it with electrical tape
b. thrcw it away
c. use it for only a short period of time
d. use it to run small appliance only
14. If you use a space heater in your bedroom, before going to hd you
should;
a. turn the heater off or to a low setting
b. dose the windows
c. move the heater nearer to the door
d. all of the above
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f he following outline, with the accompanying "Firc Safety Tips" and
I "Fire Safety Awareness Quiz," is designed to help you give a
! presentation to senior Americans about fire prevention and fire
safety.
1. Introduce yourself. Explain who you arc and what you plan to talk
about. Explain that you consider this time together ar opportunity to
discuss home fire safety, that you would like to hear from them, leam
about their concerns and address their needs. lnvite their participation
and their questions
2. Raise your audience's awareness of the fue problem. Here are some
ideas for doint that:
. Ask questions such as "tlow many of you have ever experienced a
fire?" Ask those who have been in a fire to briefly talk about their
experience.
. Talk briefly aboul a recent local home fire how it started, who
was affected and how it could have been prevented. Pass around a
picture of the fire if one is available.
. Give an example ofhow a person prevented a fire, stopped one
from spreading or escaped a fire uninjued. A story about how a
smoke detector saved someone's life would also be appropriate.
o Share a few statistics about senior Americans and fire: for example,
'Tvery year, more than 1,300 Americans 65 and over die in fires."
Mention any local statistics that might illustrate thd problem.
3. Try to gaug€ your audience's knowledge of fire safety practices.
Asking a few questions is a good way to do that. Cfhis will also help get
your audience involved in your presentation.) Write their answers on a
chalkboard or flip chart if one is available. Questions you muld ask
includp:
. What do you think are the leading causes of fire deatfu affecting
senior citizens? (The three leading causes are irresponsible or unsafe
use of smoking materials, alternate heating sources and open flame.)
. What are some steps you could take now to help make sure you
don't lose your life ir a fire? (One excellent answer would be to
install a smoke detector. In fact, E0 percent of senior Americans who
die in fires do not have working smoke detectors.)
4. Once your audience is focused on the problem and you feel you have
a good sense of their particular needs and level of knowledge, explain
that you would lile to use your remaining time to talk more specifically
about fire safety practices.
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5. Pass oul copies of the 'Tirc Safety Awareness Quiz" induded with
this kit and ask participants to answer the questions using the left "pre"
column.
6. Review the answers to the fust category of questions in the quiz.
Notice that the questions are divided into several cateSories. Questiors 1
and 2 deal with smoke detectors. Questions 3 and 4 cover kitchen fues.
Questions 5 and 6 cover treatint bums/clothes on fire. Questions 7, 8
and 9 are about smoking. Questions 10, 11 and 12 cover escaPe PlanninS.
Question 13 deals with electrical fues, and Question 14 deals with
alternate heaters.
7. Once you explain the coEect answe$ to the questions in each
category cover some other safery' tips contained in the 'Tire Safety Tips"
included in this kit. For example, after giving the answers to the first
two questions on smoke detectors, sPend a little time talking about how
to install and maintain a smoke detector.
Remember, beyond teaching fire safety Practices, your goal is to make
sure your audience can actually remember to do them. For example,
understanding the importance of smoke detectors is not enough: some
older Americans are not physically caPable of installing or maintaining a
smoke detector; they'll need help finding solutions to thet Particular
needs.
8. Tike the quiz agai4 this time ask your audience to fill in the "post"
column. Review the most imPortant messages of your talk, and spend
time answering their questions and responding to their particular
concerns.
9. Pass out lhe fire safety wall hanger and checklist and suggest that
they post it in a noticeable place in their home as a reminder of the issues
you've discussed. Pass out any other inlormation that may be
appropriate for your grouP to read at a later time.
10. In concluding your talk, try to encourage your audience to commit
to the good fire safety practices you've discussed. Perhaps they could
pass albng these fire safety practices to others, help distribute fire safety
wall hangers, or plan and practice a fire escape drill with a friend. Try to
involve the group in discussing specific ways they could work to 8et the
firc safety messate out and help save lives.
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FIRE SAFETY TIPS
FOR OLDER AMERICANS
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Fire Sofety Tips For Older Americons
Smoke Detectors
l.f s-oi e aetectors provrcie vaiuabie
Er home protection. Detectors double
your chances of suwiving a fire in your
home by providing early warning and
valuable ertra time for escape. Install smoke
detectors and maintain them.
E ,t you cannot install a detector
Ei yourself, ask a relative, a friend, or a
neighbor or call the Fire Department. They
will help you locate the best spot for the
detector and make sure that the detector is
installed.
- At a minimum, you should have a
detector immediately outside your
sleeping area. The ideal spot is on the
ceiling or high on the vr'all, out of corners
where "dead air" space might not capture
rising smoke and gases. Detectors also
should be placed at the top of open
stairways (or at the bottom of enclosed
stairways). There should be a detector on
every level of your home or apartment.
Ef oo not disable your detectors by
Bi ."*oving batteries or disconnecting
wires. Doing so could mean the difference
between life and death.
f,f ,r rour detector goes off because o?
ll4.i cooking fumes or steam from the
bathroom, consult your fire department
about whether to move it or if you need a
different type of detector.
ff ar""n the detectors penoclrcally to
E- keep them free from dust and dirt.
Test the batteries. Detectors connected to
your house wiring should be tested
regularly, too. Use a broom handle to taP
the button or test by lighting and blowing
out a match so that the smoke circulates by
the detector. If you cannot physically clean
and test the detectors. ask someone to do it
for you. Don't neglect this important task.
Smoke detector batteries must be
changed at least once a year. Use
your birthday or some other major holiday
as your annual "Battery Replacement Day."
ffi tf yo* tandlord or building managerItsi is responsible for smoke detectors
where you live, call and ask when they last
were tested, cleaned or replaced. If the
detectors have not been attended to, insist
that the party responsible act immediately.
If they do not respond, call the Fire
Department, your local Area Agency on
Aging, the Mayors Office, or the Housing
Authority. Smoke detectors are important
protection in escaping fue - you must have a
smoke detector. Don't live without one!
Kikhen Fires
ffi ff," kitchen is a high danger zone
Eil for fire, so be extra cautious with
flame when cooking in the kitchen.
E ,r roo must leave the kitchen vr'hile
Ei you are cooking, tum off the burners.
If you have something in the oven, check it
every 15 minutes or so. Most kitchen fires
occur because food is left unattended on the
stove or in the oven. A "brief' departure
from the kitchen to attend to other matters
can easily turn into an extended time away.
As a reminder to you, take a potholder, a
cooking spoon, or other kitchen utensil with
you when you leave the room. The object
will help you remember that you have an
unfinished task waiting in the kitchen.
ffi *"u", cook with loose, danglinglE] ,l""rr"r. Robes and other lo"ose-iitting
garments can ignite easily. This is a major
cause of serious burns for senior citizens.
Don't take chances!
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Place a rubber mat in front of the
stove. The mat will give you traction
if liquids or grease spill around the stove.
Clean grease from cooking surfaces
regularly so that it does not
accumulate. Grease is extremely fla mmable.
Do not use small Pans on large
burners. The flames or heat comes uP
and around them and ignites things - or
you!
cautio
To avoid burns from sPattering
grease, heat oils gradually. Use extra
n when preparing deep-fried food.
Turn pot handles toward the side of
the range, and always use a potholder
when reaching for handles.
Never use the range or oven to heat
your home. This is a very dangerous
practice.
When turning on water to bathe or
cook, first turn the sPigots to cold,
then gradually increase the amount of hot
water.
Frl o,*up test batn water Derore terlrngE into the tub or shower. Use a bath
thermometer or test the temPerature with
your elbow. If in doubt, run more cold
water.
ffi ,ro-"rge a Durn rn coot water. >Ktn
il can be burned by flames, steam, hot
water or hot grease, and continues to "cook"
after the initial exposure. The best first aid
for a bum or scald is to submerge the burn
in cool water. Other remedies can make the
burn worse. For example, do not apply ice
(ice can cause freeze burns and aggravate
the situation); do not put the burned skin
under high-pressure, rapidly running water
- it could cause the burned skin to break
away thereby exposing the burn to greater
danger from infection; and do not apply
grease or butter - these products just help
the burn cook!
Double-check the kitchen before you
go to bed. Are the stove and oven EI :*:"rutT*'X":il::i;""::'"".4,
loosely woven fabric which can stick to
burned skin.
If a fire breaks out in a pan while
cooking, put a lid on the pan. You
may be able to smother a small fire with
baking soda or a home fire extinguisher. Do
not use flour to put out a fire - it can
explode. And never throw water on a
grease fire. Get out and call the Fire
Department immediately.
Treoting Burns ond Scolds or
Clothes on Fire
To help prevent scalds, turn down the
hot water heater to 120 degrees.
If the burn is serious, call for help
immediately. Severe burns need to be
treated at Burn Centers where specially-
trained staff and special equipment is
available. Demand to be treated at the
nearest Burn Center if your burns are
serious.
Efru;*f'.si'i3";iJ:3
physically able, be sure to practice this
important fire safety action. Running gives
the flames fresh oxygen.
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turned off? Is the electric coffee Pot
unplugged? How about the toaster oven or
the crock pot? Be sure!
Turn off the burner before you remove
a pot or pan.
I
Whether or not you smoke, friends
and relatives who visit your home
Don't leave cigarettes, cigars or pipes
unattended. Put out all smoking
materials before you walk away.
Don't put ashtrays on the arms of
sofas or chairs. The ashtray can be
tipped easily, spilling hot ashes or burning
cigarettes onto the carpet or furniture.
Use large ashtrays with wide lips.
While smaller ashtrays may be more
attractive, they are not safe. Cigarettes can
roll off the edge, and ashes can easily be
blown around.
Close a matchbook before striking,
and hold it away from your body. Set
your cigarette lighter on "low" flame to
prevent burns.
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Empty all ashtrays into the
toilet or a metal container. Warm
ashes dumped in waste cans can smolder Ior
hours, then ignite suriounding trash. An
option is to place the ashtray in the kitchen
sink and fill with water. Let it remain
overnight before disposing.
Ef_l NEVER, NEVER smoke in bed.
Efl Make it a rule not to allow any
smoking materials in bedrooms. Burning
sheets, blankets and other bedclothes create
a fire from which escape may be impossible.
Toxic fumes from the smoke can kill before
flames ever break out. Don't smoke in bed.
extinguish your cigarette or cigar. Do it
before you nod off.
There are three essential items that
should be kept by your bedside: a
telephone, a whistle, and your eyeglasses.
You need your glasses to see how to escape
from fire and to avoid injury. The whistle
serves two purposes: it lets People know
where you are so that you can be rescued,
and it enables you to warn other family
members of fue. Your first priority in a fire
is to get out of the building. Don't stop to
call the Fire Department until you are safely
outside. If you cannot escape by the door
the telephone allows you to call for help
while attempting to escape by your back-up
route (e.g., a window btc.).
be sure you can get through the doorways.
U not, map out escape routes that are
accessible, and discuss your escape plans
with your family, the building manager or
neighbors.
ffi ,r roo have impairments that mightE m2ks it more difficult tbr you to
escape from fire, consider talking to your
Fire Department and letting them know of
your special circumstances in advance.
H or"n vour escaDe route. You should
Efl nu*r"
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p.rrnu.,v a.,<i a back-up route
mapped out for each room. Practice getting
out. It may seem foolish to do so, or
unnecessary (of course you know how to
find the front door), but when there is fire
and smoke, your reasoning and thought
patterns may be affected by the emergency.
If you have practiced escape routes, your
memory and instinct will help you move in
the right direction and in the right way.
Check all windows from which escape is
planned. Can you open the window or is it
painted or nailed shut? Make sure your
exits allow exit!
ffil If friends or relatives who smoke have
visited, be sure to check on the floor
and around chair cushions for ashes that
may have been dropped accidentally.
Smoking
may. It is important, in either case, to be
careful with all smoking materials.
Home Escope Plonning
If you use a wheelchair or walker,
check all the exit routes in advance to
If you begin to feel drowsy while
watching television or reading,
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Always sleep with your bedroom
door closed. If you are awakened by
the sound of your smoke detector, follow
these steps: go to the door; feel the door to
see if it is hot. If the door is not hot, open it
slowly and check to see if you can get oqt
safely. Leave immediately, if possible -
bending low or even crawling to keep your
head below smoke. If the door is hot, don't
open itl Stuff towels or clothing under the
door to prevent smoke from entering. Do
the same at the top of the door if you can
reach it. Exit the room using your back-up
plan.
Do not delay escape because you
want to collect valuables and
memorabilia. Leave them behind - your
safe escape is too important to jeopardize.
Once you are safe, remain outside. Do not
re-enter the building. Call the Fire
Department from a neighbor's home, but
first make sure other family members know
you have gotten out safely. They may be
looking for you while you are elsewhere
alerting the Fire Department.
If you cannot escape from the room,
open the window a crack and hang a
Heoters
Check your room heaters frequently
to make sure that they are in good
working condition. Drty, neglected heaters
are critical fire hazards.
Never use fuel burning appliances
without proper vents to the outside.
Burning fuel (kerosene, coal or propane, for
example) produces deadly fumes.
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in all directions of the space heaters.
white sheet or light-colored blanket out the
window Call the Fire Department. Blow
your whistle to let rescuers know where you
are. Stay low and remain calm.
Use only the proper fuel for each
heater, and never quicken a fire by
using kerosene or gasoline.
When refilling an oil or kerosene
unit, avoid overfilling it. Cold oil will
expand as it warms up, which can cause
burner-flooding. Also, do not fill your
heater while it is burning.
FI ro. "t".tric heaters. check to see thatH yo* house wuing is adequare and
that your circuit and extension cords are not
overloaded
Do not use electric space heaters
in your bathrooms, and do not touch
one while you are wet.
Do not dry or store objects on top of
your heater.
ffi ,r ro, are using an approved UL labeltsI ,r"u,e. or nearrng storre rn your
bedroom, turn it off or tum it low before
going to bed. Make sure that a window is
open when using a kerosene heater in your
bedroom to enhance ventilation.
lE on,, use safety listed equipment.I Look for a UL label wirh an oii heater,
an AGA or UL label for a gas appliance and
a UL label for an electric heater.
Store flammable fuels like kerosene
outside of your home.
Use screens around stoves or space
heaters that have open flames.
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Regularly inspect your extension
cords for fraying, exposed wires or
loose plugs. They are not intended for use
as permanent wiring. Unplug them when
not in use.
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E If you need to plug in two or three
appliances, lamps, etc., do not use a
simple extension cord. It is better to get a
Ul-approved unit that has built-in circuit
breakers.
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4. What topics should I
emphasize? What specific fire
safety tips should I provide? How
much information can I realistically
give this audience? (As with any
group, it's ah'ays better to give a
few usefirl tips that can be imple
mented easily and immediately,
rather than a laundry list of things
to do.)
5. How can this group pass the
fire safety message along to
others? Is there some way they can
become involved in promotint fire
safety? What inlormation should I
leave with my audience?
Brochures, flyers, other safety tips?
Speoking b senior cilizens
' arketing and other
research studies have
shown over and over
thai one of the major concerns of
older Americans is their health and
safety. Even if you are not an
experienced public speaker, you
will have their attention.
Remember, most senior citizens
know very little about home fhe
prevention; they want to know
about fire safety and what to do
should a fire occur.
Following are some suggestions
to keep in mind when you give a
talk on fire safety.
Encourage participation. The
more you can get your audience
involved in your presentation, the
more effective it will be. The
enclosed outline of suggested
talking points will help you do
that. It includes a short quiz which
you can pass out after your intro-
ductory remarks. Have your
audience take a few minutes to fill
it out, then use your remaining
time to revie$' the questions. The
quiz can be taken both before and
after discussion.
Ask questions. Try to get to
know your audience by asking
them questions. For example, you
could ask them about their living
situation, about their experiences
, and concerns. Also, encourage
them to ask you questions
throughout your presentation.
Keep it simple, There are
literally dozens of fire safety tips
you could talk about, and they're
all irnportant. But covering too
much material can overwhelm any
audience. Try to determine which
tips will be most useful. Perhaps
you could schedule a follow-up
talk to provide additional infor-
mation and to determine whether
they're practicing your advice.
Repeat key messages, Perhaps
you've heard the advice: '"Ibll your
audience what you're going to say,
tell them, then tell them what you
told them." It applies to gii'ing a
talk on fire prevention as well.
Once you identily what your
audience needs to learn, repeat
your key messages several times.
Handle statistics carefu lly.
Every year more than 1,300
Americans 65 and over die in fires.
And people over 70 have a fire
death per capita double the rest of
the population. Citing statistics
like these can help illustrate the
seriousness of the fire problem
among older Americans. But you'll
need to find a balance - raising
your audience's awareness without
causing u-ndue alarm. OnJy you
can iudge the best way to do that.
Give local examples. One of the
best ways to illustrate how well fire
safety practices work is to give real
examples. For irstance. you could
talk about how a smoke detector or
a home escape drill saved the life of
a local resident.
Emphasize the positive. When
you talk about fire prevention to
senior citizens, emphasize how
they can prevent fires from
occurring and how they can protect
themselves should a fire occur.
People like to feel in control of their
lives; they want security.
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SobAtllorne
U/oll l-hnger/Cheddist
::!F... he wall hanser and check-tiI'.. ,:ti.t "r" d.siired for use as
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sentations as well as "leave-
behinds" by Let's R ethe Eirc
volunteers who visit older
Americans in their homes.
The wall hanger focuses on
areas in the home where fires are
most prevalent the bedroom, the
kitchen and the living room. The
simple do's and don'ts will remind
older Americans that there are
steps they can take to rctire lire in
their homes. A coupon is included
on the bottom of the wall hanger to
encourage individuals to have their
home inspected for fire hazards. If
your fue department cannot offer
these services, simply cut off the
coupon before reproducing.
The checklist of home fire safety
practices can be used by older
Americans to review thet homes'
"firc safety index" It can also be
used as a referenceby Let's Retire
Fire volunteers conducting safety
inspections for older Americans
who may not be able to perform
th€ check themselves.
lnexperienced
volunteers
should not
attempt handling
complicated
hazards.
Volunteers should
contact the local
fire department iI
they discover fire
hazards during
their inspections.
Reproducing
the woll honger
ond checklist
When Flo smokes rn she con
fum sweet into nighmoresdreoms
If the wall hanger is printed, use an
80 lb.stock cover sheet.
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The camera-ready wall
hanger and checklist
enclosed in this kit are
suitable for printing by a local
printer or simply photocopying on
a legal+ized page. To save time
and expense, plan to put the wall
hanger on one side of the sheet and
the checklist on the reverse side.
Consider asking local shop and
business owaers to support your
efforts by payhg for the printing of
the wall hanter. [n exchange,
you can offer them a credit line on
the material.
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Slrr Ar Homr
Fire Do's ond Don'ts
Don't be one of the 5,000 Americans who die in fins every yer
Follow these easy tips to stay safe in your home
tire:
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Doctor:-
Pdicc:- EmergencY: 9l I
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Porcnt fiir coupon to your lorol-firc dc.porlrrnt
lor o frac Gro rcfcty inrPcctim ol your homc'
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Nomc:
Strcct Addrss:
Iclephooc NumbGr:
Throughout the House
. Bedroom
o DON'T smoke in bed.
o DONT place heaters withiri thrce feet of
flamable materials.
o DON'T use heaters to dry clothes.
o DON'T use extension cords with portable
heaters.
o DONT leave heaters unattended or go to
sleep while they are on.
o DO unplug heaters after you tum them off
Living/Fomily Room
e DON'T put ashtrays on chair or sofa amrs
o DONT run electrical cords under mgs,
over nails or in high traffic areas.
o DONT leave unattended cisarettes
burning in ashtrays.
. DON'T staple electrical cords to walls or
otherwise pierce the insulation.
Kitchen
. DONT leave food unattmded on the stove'
It uo., must teare the kitchen, take a wooden
sptnn or a Potholder as a reminder'
o DONT cook wearing sleeves that can
dangle near the burners.
o DONT use your ovm to heat your home'
o DON'T let Brease build up on your stove or
oven.
. DONT let mrmbs build up in your toaster'
o DONT overload electrical outlets with
applianccs.
o DON'T let curtains hang near your range.
o DO check the kitchen before bed. Oven off'r
Coffee pot unPlugged?
\,
I
I
I
i
.DO instal! a smoke detector on every floor.
.DO.plan your escape routes in case fue does
stnke.
Sarr Ar Homr
Fire Prevention Checklist
E Smoke detectors placed near bedroottrs, away
from air vents
0 At l""rt on" smoke detector on every floor
E Smoke detector batteries checked regularly
0 E-"rg"n.y numbers posted near telephone
E wd-lit kit.hen and hallways
E Dooo, huU*ays, and stairs clear of
obsEuctions
fl No flu-^"ble materials (such as curtains or
towels) within three feet of space heaters or
stove
El No fl"--uble liquids stored near ignition
souroes
E No frayed or cracked electrical co:ds
El No electrical cords under rugs, over nails or in
high Eaffic areas
E No overloaded elec-lrical outtets or extension
cords; no unusually warm outleB
El No electrical cords near sink or range
E aU R ses in fuse box are correct size
fl A[ outlets have cover plates and no exposed
wiring
El No alternate heaters hooked up to extension
cords
E No "lte^"te heaters placed where they can
be knocked over
O Heaters are unplugged after you turn them,off
fl No gr""r" or, stove or ovm
fl Rrrbber flmr mat in front of stove
O No sma[ pans on large burners or Iarge pans
on small burners
O lhere is a *bber floor mat in front of the
stove to prevmt slipping
E Dish towels as are not usd as potholders
El No ashuays on chair or sofa arms or near beds
O O,im".ys aean and fr,ee of debris
@m'**,*^","**ii S
<'<-
UP
rnb o
News Generolors
Getting the word ouf
. ews stories about the
Let's Retire Fire
campaign can be an
extiillent source oi free publicity.
To generate news coverage, you'll
need an organized strategy and an
effective spokesperson. Getting the
word out is a brief set of tips that
will help you work successfully
with the media to communicate the
key messages of your program.
Somple pners releose
'.il'fit;,t ong press release will be
..iED " essential to vour publicitv'.I.11 'ptogt"-. A release can
inspirc reporters to tell your Lef's
Retift Fire story and convey your
most important messages. The
enclosed sample will provide a
useful model as you write your
own release. Call your local
newspapers to find out the name of
the most appropriate editor to
receive your release (probably the
city editor for large papers), and
mail it on your stationery.
Somple
letter to
rhe editor
se the
editorial
page of
y'6ui local
newsPaPer
to publi-
cize your fire
prevention
Protram.
A lefter to
the editor
affords you
an opportunity to
convey your messages in more
detail and discuss more complex
issues than you can in a public
service announcement or a press
release. Insert statistics about your
area to add local relevance to the
model letter. Find out the name of
the editorial page editor of your
local newspaper and address your
letter accordingly.
tr
. GEItftlG tlf wonD 0'n ,i=
. IEIIER TO I}G EIIOR
?Rfss RBfASEsAr4Ef
,;-|'
:!.:'::) .:
':
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/?877/78ilRE
Fire Fighters: fill in blanks with local information.
( Oqaniza t ion b t t erh e a d )
For Immediate Release
Contact Name:
Address:
Telephone:
Date:
(Citu). (Slate) - (Name \ announced today that tiorrr fire
orsaniution L is launchine a public education Drosram - Irt's Retire
Fire - to educate older Americans about fire safety. This protram is part
of a national effort to reduce senior citizen iniuries and deaths by fire,
sponsored by the Federal Emergenry Management Atency's U.S. Fire
Administration.
Unfortunately, the United States has one of the highest fire death rates in
the industrialized world. And our older Americans are at the highest
risk of fire.related deaths - double that of the rest of the populdtion.
Every year more than 1,300 Americans 55 and over die in fues. These
fire deaths and injuries are tragic but preventable.
lzt's Retift Fire teaches senior citizens simple steps to combat fire
hazards. To get these safety messages out, (o/ganr'zatior, ) will run
local print and radio public service announcements and will distribute
home safety checklists to senior citizens in the area.
Obsr.rved. hame ) ,(title ), 'This is one of the best
opportunities we have to make a real impact on the senior citizen fire
problem in our area. Last year alone, we lost (# ) people and/or
$(# )in propety, needlessly. U we all become partners to
combat this fire problem, we'd probably reduce senior citizen fires by
more than half.
"I think that's a commitment worth making, and that's why we're
cooperating whole heartedly with the United States Fire Administration
on this effort. We're going to do our best, with the community's help, to
turn our senior citizen fire problem around."
#
F€denl Em€rgency
Manaoement Agency
ri,"Adriri$,$i3i l$f
Older Americans ot Ris/<Zetb
RE77REITRE
I me.ica.rs proudty lead the wortd in many arcas. Howevet there's one '
!! "r"" -h"r" *e cJn't pride ourselves for ioming in first. The UnitedI I States has one of the highest fire death rates ir the indusrialized world.
And older Americans are at the highest risk of fire.related deaths, double that of
the rest of the population.
Every year. over 1,300 Americans 65 and older die in fires. last year in
(citv), we had (#) fues resultin8 in (#) senior citizen fire
iniuries or deaths.
If these statistics are news to you, that's part of the problem. Many Americans
are unfamiliar with the range and severity af fire-.related hazards and older
Americans, in particular, suffer from a lack of inlormation about how to prevent
fires.
Fire.associated deaths, iniuries and ProFrty losses are tragk. Howevet the real
tragedy is that these iniuries and losses are preventable. The leading causes of
fire iniuries and death to seniors - unsafe use of smoking materials, fires caused
by altemate heaters, ftes in the kitchen and electrical related problems - can be
rcduced by takint precautionary measures as easy as installing smoke detectors.
Simple as this may sound, many older Americans still live in homes without
smoke detectoE or do not maintain the detectoB they have. Eighty percent of
elderly people who die in fires do not have a working smoke detector, and in 75
percent of the cases, no detector was even present. When properly installed and
maintained, smoke detectors can give s€nior citizens time to escape a fire
without iniury or death.
The Fople of (city) have successfully collaborated in the past to combat
threats to our communitl Our fire department is asking ou! community to
mobilize our resources and create a parErership for senior fue safery
What can you do to encourage fire safety?
. Lend a helping hand to senioE u/ho rnay need help installing and
maintainin8 smoke detectors.
. Conduct home fire safety checks for older Arnericans in your '
neighborhood.
. Distribute fue prevention materials to seniors you know.
Together, we can prevent the homes and lives of our seniors frcm going up in
smoke.
The me of fire exists to serve and protect the people of
this community. If you have any questions on helping seniors fight firc or
anything else affecting your home safety, we want to hear from you. We can
help!
Sincerely,
u. s.
Firc Adminidration s (Your Name)
ffi oro,r....n.,
@ Manaoe'ent l9cn6,
Letb
/7E77RE
FTI?E
Wo*.ing with the Medio
Off iciol Spokesperrcns:
Who They ArelWhotlhey Do
Who Should Be Contocied?
I I * rcpresentatives - local newspaper repoters, matazine
,Ylffi :^'ii."ffiiT"'#i::l";"?ffii"ii5:fi il:
program. L€arning to work with the press can increase your chances of
successfully placing your message in local media oudets. Follow these
guidelines on working with the media to make publicizing your
program a simple process.
The key to getting successful media attention is a competent
spokesperson/media liaison. So the first step toward getting the
message out is appointing the appropriate person who will be
responsible for all formal media contact.
f he spokesperson wilJ develop relationships with the media by
I providing pertinent information to the press, inviting reporters toI program activities and keeping track of all communications. Fire
chiefs, public information officers or public fire educators are all -
excellent candidates for this role.
!/ ou need to target which media outlets are appropriate for your
f message and decide exactly who are the best editors to talk to.
! Members of your organization can help you compile media
contact lists for:
1. Local natcpapers that cooet feature stories. Send press releases
and letters-to-the€ditor to assignment editors or iJurnalists
specifically interested in writing stories on seniors and/or fire safety.
2. Local publications thot will run public seraice announcernents
(PSAs). The PSAs may be sent to an advertising or public service
director or to the production manager. Check with the publication to
see who is responsible for placing PSAs.
3. Radio stations thtt will produce and air the erclosed PSA scripts.
These scripts may go to the news, community affairs or public sen'ice
director.
4. Incal TV stations and nefioork affiliates with an interest in community
alfairs or fire xfety. Keep them informed of your activities and encourage
them to cover your campaign.
F orget the popular image of the Furnalist as the gruff, unap
I proachable ty'pe who smiles only when a maior newsu'orthy storyI breaks! For every front-page story there are many hours spent
reporting on "softer" stories ranging ftom zoning board hearings to fire
safety.
Iolking To Reporbn
Preporing o Press Releose for
the Medio
Supplying accurate information well in advance willielp you to
establish a strong professional rapport with the media. ' '
Be informed. Familiarize yourself thoroughly with all aspects of your
program before you pick up the phone so ihai you, conversation will go
smoothly.
Be accurate. Remember, access to the media is access to the public. The
story that is printed or broadcast will be shaped by the information you
give them.
Be honest. Don't "wing it.', If you do not have the information that
reporters request, simply tell them that you don,t know but will be
happy to find out and call back
Be professional. Keep the call interesting while maintaining a
professional tone throughout. Begin conversations with your name,
organization, job title and reason for calling, and always ilose with a
"Thank you."
f he press release is an important source for many print and
I broadcast stories. Press releases give the repojei or editor an ideaI for a story in as few words as possible. The release will become animportant tool for generating publicity.
Its functions include:
o Publicizing your position on an issue or story.
o Providing background information about your news event.
. Announcing an upcoming activity.
The well-prepared press release must follow distinct guidelines. It
should be brief and also spark interest. The most imiortant facts must
be placed prominently to grab the editor,s attention ind to inspire him
or her to read on.
MOST MPORTANT: Who What Where When How
NEXT: ImportantDetails
FINALLY Miscellaneouslnformation
Helpful Writing Hints:
. Use short s€ntences and paragraphs.
. Be sure facts are accurate.
o Check for proper spelling especiaally names, titles and cities.
. Don't use initials or acron)rms without indicating first what they
mean (i.e., name of organization)
o Write factually and obtctively - avoid editorializing and using
adjectives.
. Insert-pertinent quotes from local offices, specific examples and
anecdotes.
r Ottain a media "style bool(,,' available at local bookstores, for
details on punctuation, capitalization, abbreviations, titles, etc.
Speciol Tips
for Medio Colls
Press Release Format:
encourage reporters to write stories about these successes.
o Make therelease no longer than two double-spaced pages and
leave wlde margins (for editor,s notes).
o Type it on one side of 8 7 /2,, xll,,plain white paper or on
organization Ietterhead.
. The top of the release should include:
1) Your organization's name and address.
2) The name and telephone numbers of your media liaison.
3) The date for the story,s release (,,For Release J anuary 76, 79g9,,
or 'Tor Immediate Release,,).
4) A short headline describing the content at a glance.
5) A."dateline" to begin the first paragraph indicating where andwhen the story was released (peorii, Ii, ]anuary 16").
. The body of the release should also include:
1) The word "-more-" at the bottom of each page except the
last one.
Follow Up
Federal Emer0encf
Mana0ement Agency
f he Letter to the Editor is a valuable tool for publiciry because it
t speaks directly to all members of the com-ur,ity. Ii should beI thoughtfully prepared and based on fact and shtuld be between
100,and 400 words in Jength. Send it to your local paper to the attention
ot the newspaper's editor.
Q end a thank-you note to any reporters you contact. Organize a
^)
press conterence, rssue a press release, or even just pick up theV phone to talk about the successes of your program I and [o
ri,,Adriris#i3,i I
Preporing o Letter to the Editor
Somple [etter to Rodio
ond Newspoper public
Service Diieciors
;
::
Zerb/?Z7ME
lqZ?E
( Otganization lttterh?td )
Deor Public Service Directpn
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ff:i#,#f#m3*ffi rfr fi 'cf *is,l*rf#:t#;_,
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;:Er,in1:,i:ttrff".t;;"i,*i:ff f#;g;",,*vervesby
Thanks for your help.
Sincerely,
tr
r:;::1:l:t "CIJR.IAII'l I lon You"
How to Dishibute
l,ef s Retire Fire
PSAs
Prinr PSAs
...f,-t 6" trta
^
etire Fire pint
.r..rl::i:-.public service amoun-'i, '.Il.':i iements (pSAs) are
interidiit to catch the reader's eye
and leave a vivid fire safety
message. Identify publications in
your area which might be
interested in running these IlSAs,
such as:
o Neu'spapers: dailies,
weeklies, biweeklies. Newsletters of community
and seniors organiza tions. Magazines, church
publications.
Call and find out the name of the
public service director (or the
person in charge of placing I5As).
For smaller nen sletters and
publications, it might be the editor.
Speak with this person to de.
termine their interest in rururing
the I5As. If interested, send a
follow-up letter with the frSAs.
Rodio PStu
ffifr'm'
A sample letter
to the public
service director is
on the opposite
page. Wait a few
days after sending,
then call to find out
your success!
Let's Retire Fire radio
scripts, desiFed to
be aired by your
local radio stations.
Contact stations in your area
and ask for the public service
director's name. Again, a call and
personal letter to your contact will
encourage use of the radio scripts.
(You can use the same sample letter
as a model.) We'll be supporting
your local Lett R etin Fire
program by sending radio
o,t3isf"3.iT'Jl,Y:ll.'
spots to over 3,000 radio stations
nationwide. Stay in touch with
Iocal stations, and thank them for
any spots aired!
E
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B
HOT IITUIES
Technical lnformation
. Sizes for the 1/3 page ads are
27/4 x 10"
If you would like negatives or
veloxes of the ads, please
contact:
Creative Services Depaltment
Otihy & Mathe! Public Affairs
1901 L Street, NW, Suite 300
Washington, D.C. 20035
202/466-7590
froeUsI.t
WTH
'feoettlsl.r
'l[,ired For Fire"'llllhere There! 5moke..."
WT.H
I
Call your lo(al firr
department to leam more
inJorhation.
When tlo smokes in hd,
she con lurn sweel dreoms
into nightmoresl
Smoking can be a major fire hazard
in your house. Fo[olt these easy
tips to be safe at home:
. DON'T smoke in bed.
. DON'T leave ashtrays on chair or
sofa arms where they can spill.
. DONT leave cigarettes buming
i:r ashtrays unattmded.
. DON'T empty ashtrays into a
wastebasket.
. DO install smoke detecton in
your home and check the balteries
regularly.
C.aI your lo(al fire
depgrtment to leaIn more
information
When Woh runs o wom cord
under the rug, h reolly sporlo
fiings up!
I Y
t 4)()u
HOT IIMES
fa's ledre Ec B lougttr b F, by
the fffied $otes Fre AdDirngrqtion
f.r! teri'E E E ir hlggh b ),o., by
fie fhi:d States FiE A& 'rndro$dr
Public Service Dircctors
ln addition to running
individually, the l/3 page ads
can run as a series on
consecutive pages o! in
consecutive issues.
Electrical fues can be a maior hazard
in your house. Follow these easy
tips to be safe at home:
. DON'T run electrical cords under
rugs or in high taffic areas.
. DON'T staple electrical cords to
walls or pierce insulation.
r DON'T overload electrical oudets
with several appliances.
. DO install smoke detectoE in
your home and check the
batteries regularly.
Public Service Directors
In addition to mnnint
individually, the l,/3 pate ads
can run as a s€ries on
consecutive Pages or in
consecutive issues.
Tcchnical Inforn.tion
. Sizes for the I /3 page ads ale
21/ 4" x 10"
U you would llke negatives or
veloxes of the ads, please
contact:
Creative Services Department
Ogihy & Mather Public Affairs
l90l L Stteet, NW, Suite 300
WashinSton, D.C. 20036
202/rc759u
WT}I
To gct worm ond toosly, Woh
puts o heohr ncor lhc curtoins.
Heating can be a maior fire hazard
in your house. Follow these easy
tip to be safe at home.:
. DONT place alternate heaters
within three feet of flammable
materials.
. DONT us€ alternate healeF
to dry wet clothes.
. DONT us€ extension cords with
alternate heaters.
. DO unplut altemate heaters
after you turn them off.
. DO install smoke detectors in
your home and check the batteries
rcgularly.
Call vour lmal fire
drparEi€nl to l€.m rnore
hlonnation.
WTH
When tlo weors droopy slccres
oround fie rbve, the fums on
ordinory nrol inh o rcol sirrler.
Cooking can be a mai:r fire hazard
in your house. Follow these easy
steF to b€ safe at home:
o DONT wear loose clothing or
dangle dish towels near a hot
stove.
. DONT leave food unattended on
the stove. If you must leave the
rcom, take a pot holder or a
wooden spoon as a reminder.
. DONT use your oven to heat the
rcom.
. DONT la gease build up on
your stov€ and oven. Clean grease
away before it ignites.
. DO check the kitchen before bed;
Oven off? Coffee pot unplugged?
. DO install smoke detectoB in
your home and check the batteries
regularly.
Call your local fire
deDart'rml lo leam more
ffi:'' '"'*no" B
'froettlnl-r 'fioe'tvs!-r
"(urloins For You""(ooking Up Trouble"
ffiw ry
b
HOT IMES
ai-th-
E
hr! lanre firr & hoqln b yoo by
rhc lrnited Sues fr'a Adnrinirtmtioo
il
I
I
I
IHOI II S
brl fane Fra t bor4l* s po by
rlr. tinitcd Sucs Iic
^&ii*uin
o
For Locol Distribution
.Letb
ilTZE
"LET'S REITRE FIRE"
For older Americans, fires in the home often
mean injury - or even death. Most of these fires
don't have to happen. But, unfortunately people
iust aren't aware of the dangers.
So if your over 65 - and even if your not - make fire
safety a priority.
A message from the U.S. Fire Administration and
your local fire department.
E "LET's RfftRE FIRE"
Smoke Detectors.
You know, they don't cost much - about 10 bucks.
They're easy to put up.
The fire department may even install them for you.
And smoke detectors can save your life.
A message from the U.S. Fire Administration and
your local fire department.@ me.*:ru*,
u. s.
FiE AdminislEtion tl
The fire hazards that threaten senior citizens most -
fires in the kitchen and heater fires - can be
prevented. A little more caution around the stove,
keeping curtains and clothing away from heaters -
simple things like these can retire fire.
agonizing kun Poge 1
. Increase the perc€ption that the
fire department has community
support, which motivates local
elected leaders during yearly
budget debates.
. Demonstrate that fire depart-
ment activities are comprehen-
sive and include time and effort
beyond fire suppression and
vehicle maintenance duties.
. Demonstrate that the 6re de-
partment is working to maxim-
ize the impact of taxpayen'
dollars by sponsoring comm-
unity activities that expand the
reach of tax-supp()rted pro-
8rams.
Community groups (as well as
businesses and citizens) also
benefit vthen the fire department
builds cooperative programs to
promote fire safety. By becom-
ing involved, these groups:
. Receive increased positive
media coverage and, as a result,
become more visible in the
communitv
. Have an opportunity to
contribute to the well-being of
the community.
. Create positive program
opportunities for their mernbers
and a mechanism to recruit new
members.
o Share in the excitement
connected with fire department
activities.
Brilding yotr progmtt
Step 1: Localize the Campaign
Before launching a fire safety
program for older people, spend
some time identifying the nature of
the fire problem in your com-
munity and determining what
kinds of progr4ms have worked in
the past. Here are some questions
to help you get started:
. Is there any fire data for seniors
that can help you identify
leading causes of fires, fire
deaths and burns?
. Are there any existing or
rapidly increasing problems that
need to be addressed, e.g, wood
stove fires, electrical fires,
kitchen fires?
. What efforts (by the fire
department or other groups)
have been made to promote fire
safety within this age group?
Were they helpful?
Step 2: Establish Objectives
What do you hope to accomplish?
Possible goals might include:
. Seeing to it that senior citizens
in the community have a
properly installed smoke detect-
or and know hor,r' to maintain it.
. Conducting fire safety checks in
the neighborhoods where senior
citizens live.
. Dstributint fire safeg
materials through senior citizen
SrouPs.
o Offering interviews on fire
safety to local television and
radio stations and newspapers.
. Placing public service
announcements in the local
media and other publications
read by senior citizens.
. Setting up a buddy system to
ensure that fire safety practices
are explained to disabled or
house.bound senior citizens who
are unable to attend fire safety
presentations.
. Trainint volunteers to give
presentations to s€niop on home
fire prevention.
Step 3: Look for Community
Involveurent
Identify community organizations
that may be willing to lend their
support to your program. Also,
consider recmiting private citizens,
business leaders, students and
active retired people to participate.
You might also consider forming
a more formal group such as a
steering committee to help guide
your protram. Before doing so,
however, think carefully about
what you want the committee to
do. Consider asking an elected
official to appoint comrnittee
members. This will help establish
the committee as a high profile
grouP.
Step 4: Organize Your Program
In designing any program there are
some basic steps to keep in mind.
Here's a list:
. Review your program object-
ives and determine which ones
are most realistic and most
important.
. Outline the main proiects to be
undertaken, how long it r^'ill
take to complete each task and a
timeline for completion.
. Determine how much time
your fire department can spare
to implement the program.
. Establish a budget.
e Recmit people with needed
talents to help work on the
ProSram.
. DeleSate responsibilities to
community groups and individ-
uals who have expressed an
inter€st in helping promote
fire safety.
. Make sure someone is respons-
ible for working with the media:
placing public service announce.
ments, su88esting story ideas
and offering one.on-one
interviews.
o Establish a mechanism to track
and evaluate the effectiveness of
your ProSram.
ffi
FYI: Orgonizotions
involved in Senior Fire
Sohty Rublic Educorion
1|.|5::L"t'i...''ltgr [l,HtllI#]lt,"oo to"nal senior f ire saf etv pubric
Amcricon Associ*im d Retired Persons lA.{f,pf
Consumer Affairs Section
ProFam Department
1909 K Sh€et, NW
Washington, DC 20049
202-872-42c0
Notionol Sobty Comcil
333 North Michitan Avenue
Chicago, IL 60611
312 - 527 -ffi
Notionol Fire Prohction Asrociotion
Batterymarch Park
Quinry, MA 02159
517 -328 -9230
U.5. Consumer Product Sob[ Commissbn
Office of Information and piblic AffaiE
Washington, DC 20207
202-492-ffi
Chonning L Bcte Co.
200 State Road
South Deerfield, MA 013710200
80o-628-7733
Bum Fann&tioo
I 311 Chancellor Stleet
Philadelphia, PA 19107
215-735-&il
Notionol lnstitutc ftr Bum l/lodicine
909 E. Ann Strc€t
Ann Arbor, MI rElM
3r3-769-9000
Nolionol VolunEcr Firc Council Choringhoosc
P.O. Box 25694
Alexandria, VA 22314
United Stotes Fire Administlotinn
16825 S. Seton Ave.
Emmitsburg, MD 2f 727
30r-447-1000
E
,i
- .Thg following by-laws are adopted by the chanhassen Senj-orcommission to facilitate the perforroancei of itrs duties .rra tn.exercising of its functions as a coronission established by tire citvCouncil pursuant to the provision of Subdivision i, section462.354, Minnesota State Statutes annotated.
aENIOR COIIIiIAAIOIT
CTTY OF CEANEISSEN
BY.I,AII8
1aonLess
l-. 1
1_ .2
l-.3
L.4
1.5
l-. 6
t.7
The Senior Conmission shall serve as an advisory body to theCity Council in addressing the special needs o-f tir6 peopieover 55 living in Chanhassen. AU final decisions are'to'Uenade by the city Council.
The Senior Conrnission wi1l consider and nake recommendationsto the City Council regarding the special needs of seniors inthe areas of transp.ortation, infornation and ass:'stance,independent living in the home, social and recreationaiprolrrars, senior centers and senior housing, but will not beiirnited to these issues.
The Senior Commission will make reconmendations to the CityCouncil regarding funding for special services to Ue provi-eifor the citizens over 55.
The Senior Conmission may propose needs studiesgroup s/here necessary and make recornrnendationsCouncil according to the results.
The Senior Commission will coordinate services with othergovernments and private agencj,es for this alre group.
Public Hearings. The Senior Citizen Comnission shall holdpublic hearings on issues regarding special needs of ,"r,ioi.in- areas of _transportation, informition and assistance,independent living in the hone, social and recreationaiprograrns, senior centers and senior housing, but wil1 not belinited to these issues.
Establishment of Sub-Couunittees. The senior Cornrnission mav.as they deem appropriate, establish special sub-co:nmitte6scomprised solely of their own menbers.
ofto this agethe city
Se ction 2 - Mee tinqs
2.1 rine and Ptace. Regular meetings of the cornmission sha1I beheld on the third Friday of each nonth at 9:30 a.m. at the
l-
3.3
4
Quorun. Four Senior Cornmission nenbers shall constitute aquorun for the transaction of business. I{henever "
-Sr.;; i=not- present, no final or official action shal1 be tafen iisuch neeting.
4.1 Election of Officers. .The first neeting in January of eachyear, the Senior commission sha,l holl "" "igi".iriii."iineeting. At this neeting, the e;nmi;;ion shall elect fromit's- rembership a cUairp-eison ""d-.ri""_"frairperson. ThisshalI be done by voice- vote. vice_&airp"i""" -
=ir"ri-'il
2
city Council Chanbers, 690 coulter Drive, unless otherwisedirected.by the Chairperson, in which case, at least 2+ hoursnotice wiff be given to a1I nembers. Regular neetings sha11have a curfet of 12:OO p.n. which nay be waived at thediscretion of the chairperLon. Ar1 unfi-nished rusiness wilrbe carried over -t_o the next regular Ineeting. When the regularmeeting day fa11s on a 1ega1 holiday, iher" sha11 be noneeting.
2.2 special.ueetings - special neetings sharl be held upon carl bythe Chairperson,- or in trerlhis ablence, the vice_cliai.per=on,or any other meuber with the concurrence of four other irenbersof the connission and with at reast 48 hours of notice to aLr'members on the first Friday of the month. Notice of allspecial neetings sharr be poJted on the officiai.i-y u"1r"ti"board.
2-3 Attendance - The senior conrnission nembers sharl attend notless than z5t of all regular _and special neetings h;ia-auringa given calendar year and shar.r. not be abseit troln trrreeconsecutive neetings without prior approvaL-- & thechairperson. Fairure to neet - this ,i''1^,,;- attlnaancerequirement shalr be cause for removal fron the cornnission byaction of the city Council..
section 3 - conmission composition - Tems and vacancies
3.1 Composition. The Senior Connission shal1 consist of sevenvoting nembers. seven nenbers sha1l fe appointea E itre cityCouncil, and nay be renoved by the councii]
3.2 Terms and Vacancies.. The City CounciL shall appoint sevennembers to the commission for lerns of tto ana i-hree years.vacancies during the tern shalI be fitled by-ih.-;;;;.ir to.the- unexp_ired portion of the tern. Every -appointeJ -nremfer
sha,1, before entering upon the charge or iri=zriti a-utGs'takenout that helshe--wi1l -faithfully lisch..g6 -th"-dil-:.." o.his/her office. Arr nenbers sharr.'serve wit6"ui -o*pJn-Jation.
elected from the reraining menbers of the same proceeding. Ifthe Chairperson retires fron the senior Conmislion befoie thenext regular organizational neeting, the Vice-ChairpersonshaIl be Chairperson. If both Chairperson and Vice-Chairperson retire, nelr officers sha1l be e-lected at the nextregular neeting. I.f both Chairperson and Vice-Chairperson areabsent fron a neeting, the Connission shall elect a tenporaryChairperson by voice vote.
4.2 Duties of Chairperson and Vice-Chairperson. The Chairperson,in his/her absence, the Vice-Chairperson, shal] preiide atmeetings, appoint connittees from itrs own menbirship andperform other such duties as ordered by the Comnission.'
The. Chairpers-on shall conduct the neeting so as to keep itnoving as rapidly and efficientty as possible and shall re-mindrnenbers, witnesses and petitioners to preserve order anddecorum and to keep conments to the subj ect at hand. Thechairperson shall not nove for action but nay second notions.
section 5 - Procedure
5.1
Section 6 - PubIic Hearings
6.1 Purpose of Hearings. The purpose ofinfornation and facts in oiaei for tha rational senior issue recomnendatio
6.2
Procedure. Parlianentary procedure governed by Robertrs Ru1esof order Revised shall be followed at aL1 regular neetings.At special work session neetings, and hrhen appropriate, fheCommission nay hold group discussions not foiiowi.ng any setparlianentary procedures except when motions are b6for6 theConmiss ion.
ahecnf
earing is to collect
ommission to developor the city Council.
Hearing Procedure. At hearings, theshal1 be followed in each case:
following procedures
a
b
The Chairperson shalI state the case to be heard.
The - Chairperson shall call upon staff to present thestaff report. . Reguired reports fron each city departmentshall be subnitted to the Senior Cornnission bef-ore eachcase is heard.
The - Chairperson shall ask the appl_icant to presenthis/her case.Interested persons nay address the Commission, givinginfonuation regarding the particular proposal .Petitioners_ and_ the publlc are to addre-ss ihe ChairpersononLy, not staff or other conmissioners.There sha11 be no dialogrue anong the Conmissioners,giving inforrnation legarding the particular proposal .(The Senior Conrmission nembers uriy ask queJti&s of
c
d
e
f
3
persons addressing the Conmission in order to clarify afact, but any statenent by a nenber for any other purposethen to guestion may be ruled out of ord6r. ) -
S. After aLl new facts and infornation have been broughtforth, the hearing shall be closed and interested personsshall not be heard again. Upon conpletion of tfre iearingon each case, the Senior Con:nission shal1 discuss theitern at hand and render a decision. it. -Eenior
Connission,. if it so desires, rnay leave the public iecord
- open for rrritten connents for a specifiea period of tine.h. The chairperson shar.r have the rLsponsibilitv to -inrorn
all of the parties of their righls of appLal on anydecision or reconnendation of thd Senior ciriraissitn.
5.3 Schedule. At neetings where nore than one hearing isscheduled, every effort shaLl be nade to Uegin eich ;se atthe tine set on the 3genda, but in no casJ nay an iten becalled for hearing prior to the advertised time iisilJ on trr.agenda.
Section 7 - trtiscellaneous
7.! senior coumission Discussion. Iitatters for discussion hrhich donot appear on the agenda nay not be considerea ana
-ai=cu.=ea
by the conmission unless, whLn initiat"a i"a pie=entea Iy tnestaff and be placed at the end of the agendal
7 '2 suspension of Rures. The colnmission nay suspend any of theserules by unaninous vote of the nembers present.
7.3 Amendnents. Amendments. of these by-taws nay be made at any
::S:]_.I..:I_spe_cial neeting of the sLnior codnission-Uui onryr't schearured on the neeting agenda in advance of the ureetinti
7.4 Review. At the first neeting in January of each year, theseby-laws shall be read and ado-pted by the senior c"'o-i.!io".
Cha irperson
4
Adopted this _ day of , 1991.
5CITY OF
CH[NH[SSEN
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (61 2) 937-5739
MEMOR,ANDI'I,T
To: Senior citizen Conmission
FRoM: sharnin AI-Jaff
DATE: February 4, L99L
SURT: Goals and objectives
RJANK
The following is a list of goals and obj_ectives which the senior
iitlr.r, commission could wor-k toward actrieving. These obj ectives
were listed as issues of concern that can be inproved in the study
the senior Citizen Task Force was involved in.
Because all of the objectives cannot be achieved at the sane time,
each comrnissioner is isked to rank these obj ectives by giving #1 to
the issue that has the highest priority and #7 to the issue that is
Ieast inportant. this proces! will help the Cormission decide
,t i"n i=i,r" requires irnrnediate action and where efforts should be
concentrated.
IASI'EE
Transportation
Information and Assistance
Independent-Living in Your ovn Home
Social and Recreational Programs
Senior Citizen center
senior Housing
Other
\
ADENDA
PARK AND RECREATION COMMISSION
TUESDAY, FEBRUARY 26, 199I,7!30 P.M.
CHANHASSEN CITY HALL, 690 COULTER DRIVE
CALL TO ORDER
1. Approval of January 22, J-99J- minutes
2. City Center Park Master Plan
3. Approve purchase of play area expansions, Banilimere
Heights Park, Carver Beach Playground, Curry Farms
Park and Lake Susan Park
4
5
6
Establish 1991 Lake Ann Park Entrance Fees
Establish group picnic and ballfield reservation
outlots F, G
fees
andName parks - Lake Susan Hills west,
H and Pheasant Hills parcel
7. Amendment to motion establishing park and trail
dedication fee schedule - Lake Riley Hi11s
8. City Center Park Playground Advisory Comnittee
9. Park and Recreation after hours information phone line
10. Authorize contract, 4th of July fireworks
1I. Commission Presentations
L2. Administrative Packet
NO?ICE OF SPECIAL ITEETING:
A Park and Recrea tion Commission meeting has been scheiluledfor Tuesday, llarch 12, I99I at 7:30 p.m. at Chanhassen CityHa1L. The purpose of this meeting is to review the Lake Ann
Park pi cn i c/recreati on shelter design. Mark Koegler of Van
Doren Hazard Stallings, Inc. wilI be available that evening
to present his findings in this regard.
The meetins was called
Jim
to order at 7:4O p.m..
Andrews, tlendy Pemrick, Dave Koubsky, Larry Schroers,TEHBERS PRESENT:
and Jan Lash
},IEHBERS ABSENT: Dawne Erhart and Cur t
andSTAFF PRESENT;Todd Hoffman, Par k
Ruegemer , Recreation Supervisor
I,IELCOI,IE NEI.' CO].II,TISSION I'EHBER, DAVE KOUBSKY.
Robi nson
Recreation Coordinator; and Jerry
Hoffman: The
Dave Koubsky.
first order of business is toIf you all haven't met him,
our newest Commissioner
Dave .
we I come
we I come
Koubsky: Thank you.
Hoffman: You probably aII remember interviewing David'and since that time,
since the Council appointed him, ure got together one morning for just over
an hour and u,ent over the basic format. PLease feel free to jump right inthere and help Dave along aL any time to give him a few pointers on how our
meetings operate so he feels right at home. He's got a blank name tag but
it's on it's way so it's all official .
ELECTION OF OFFICERS. CHAIRPERSON AND VICE-CHAIRPERSON.
Hoffman: Just go ahead and feel free to open up
anybody wanLs to nominate themselves or nominate
it's aII yours .
Andrews: I'I1 just say I have
has an interest.
discussion and. . . i.f
somebody else , I guess
an interest.
Curt's not here. Dawne's not here.Hoffman: Jim
Anybody else?
Schroers: Have you heard from either Curt or Daune? Do you know if theyplan to attend tonight?
Hoffman:
from -
I heard from Dawne wil] not be attending. curt I did noL hear
Hoffman: I didn't ask them buL I would think that if they had
Dawne especially when she called, would have Ieft that message
would have called and expressed his interest.
Lash: t^je]l r'd be
so I won '! .
willins too if no one is interesLed but Jim's i.nterested
an
or
i nterest ,
Cur L
Andrews:rII flip
We need a
you for it.
Vice Chair as well. Chair and Vice Chair .Hoffman;
CHANHASSEN PARK AND RECREATION COI{HISSION
REGULAR HEETING
JANUARY 22, L99L
Lash: Do you have any idea if they have any interest? Did you ask them?
Park and Rec Commission t'leeting
January 22, f99L - Page 2
Pemrick: tlell do you have any druthers? t"lould you prefer one or the
other ?
Lash: It really doesn't matter to me and I've always tshought that Larry's
done a nice job when he's chaired too.
Hoffman: okay, somebody make a motion because I don't.
Schroers: I'm going to say that I guess I was just willing to go along
h,ith the program. I would volunteer if there wasn't other interest but ifthere is, that is fine uith me as well. I don't mind acting as Vice Chairin someone's absence.
Pemrick: And I don't mind doing that either. Hob, about you Jim?
Andrews: [.le can't aII be Vice Chairs either I don't suppose.
Lash: Do we Nant to do, go ahead and vote Chair first and then do a Vice
Chair?
Hoffman: One or both. As a platform or separate.
Lash: t^lell I'd move to nominate Larry for Chair.
Hoffman: Is there a second?
Pemrick: tlould you Iike to be Chair?
Schroers: Yeah.
Pemrick: I'II second it-
Schroers: If everyone goes along with that, I will do it.
Pemrick: Yeah, I'II second that.
Lash moved, Pemrick seconded to nominate Larry Schroers as Chairman of thePark and Recreation Commission for 1991 . All voted in favor and the motioncarrisd unanimously -
Hoffman: Okay. Larry is Chair - Is there a motion on the floor for ViceChair?
Schroers: I wiII move to nominate Jim as Vice Chair.
Pemrick: I'Il second that.
Schroers moved, Pemrick seconded to nooinato Jie Andrens as Vice Chairnanof the Park and Rscreation Commission for 1991 . AII voted in favor and thenotion carried unaninously -
Hoffman: At this point b,e should take the Iiberty to discuss any merit Lothe rotating chair. You knou the opinion of some of the Council members.l.le have had that rotating chair in the past L oy 2 years. If you would
Par k and Rec Commission
January 22, 799! - Page
Meet i ns
3
like Lo discuss continuing that or discontinuing that, I think we should dothat at this time.
Andrews: I'd like to suggest that we drop that. I guess I'd Iike to see aformat that becomes familiar and maybe I guess my personal opinion, I'dLike to see a little bit more structure to agenda items being acted upon
and if not acted upon, being set up so they are brought before us and keptin front of us on a regular basis- I think that could be better suitedwith a consistent chair.
Pemrick: I agree. I thought we kind of decided on that didn't we?
Lash: I think there were still some mixed feelings.
Schroers: Yeah. l.te had discussed it. I guess that I've got two poinLs on
it. I think it's good experience for those who want to do it, to have an
opportunity to do it and from that aspect it was real positive but the
negative portion is that the City Council uas not comfortable with iL forthe most part. In the past we have had some rough edges with cerLain
commission members and certain Council members and that is non-conducive to
achieving our goals. I think in view of the fact that the Council r.las not
happy uith it, it would be easy to make tha€ concession.
Lash: I do think it was somewhat confusing to the public. I guess I'mjust more comfortable uith having a spokesperson. If Larry's going to bethe Chair, he would be the one who would be quoted or asked questions about
things and I think having a rotating chair it just gets confusing for thepublic as weII as us and Council and everone so I think it iust looks more
professional . A person that Iooks Iike someone is willing to take charge
and be responsible for iL.
Lash: I r,rould move then that we discontinue the rotating chair?
Andrews: I 'l I second that .
Lash moved, Andrews seconded to discontinue the rotating chair for Park and
Recreation Commission meetings. AII voted in favor and the motion carried
unanimously.
CALENDAR OF 1991 I.IEETIIG OAIES.
Hoffman: Item 3 is your meeting schedule calendar. I went ahead and
marked that out so you can keeP that or plot it out on your own calendar at
home. There's just a few dates that r^re flip flop around. t^le're tvpicallv
on Lhe fourth Tuesday but when we come uP against a Holiday or something
where there's a three day weekend, we just slightly alter one week.
BasicaIIy we've folloured the Council's Pattern to that degree where thev
have changed it, we wiII as well.
Andret",rs: I was looking at November 26th. t^lould it be possible
consider moving to the 19th instead. I know some PeoPle I knour
Thanksgiving preparation can get relatively intensive even that
adva nce ,
we couldthat
far in
Pemr ick: I agree .
Park and Rec commission Meeting
January 22, 7991 - Page 4
Hoffman: I urouldn't have a problem with that. Thanksgiving falls on t^lhat,
the 28th?
Andrews: Yeah.
Hoffman: Okay. t^le'II make that
inLo the City records si-Bce thiscouncil and other commissions.
modification
schedule has
as well get that
been disLr ibuted
modification
Lo the
Lash moved, Andrews seconded to approve the Hinutes of the Park and
Recreation Commission meeting dated December 11, 1990 r.lith the following
changes on page 3 by Jan Lash: changing the uord 'team ball' to 'tee baII',
and a statement by Jan Lash, changing the uord 'Grandale' to 'Brandondale'-AII voted in favor and the motion carried-
APPROVAL OF THE 1991 HINNESOTA P AND RECREATION ASSOCIATION AGENCY
MEMBERSH IP
Hoffman: ReaIIy this item is brought to you more just for your
informaLion. It wouldn't necessarily have to be but it has been in thepasL. As an agency, the City does retain it's membership in the l.,lRPA,
Minnesota Recreation and Parks Association for this Board as a recommendingor advisory aulhorily. As you can see from the MRPA's brochure pamphlet,
there are a number of different categories under there. Professional,retired, Board recommending advisory, Lhat type of thing. Hinnesota
Recreation and Parks Association is our State professional affiliation.
They throw some weight or have some weight in the politicaL arena as far as -funding and those types of thinss and our grant programs ulhich weparticipate in, ...the membership you receive publications from them andalso have the opportunity to 90 to the annual conference. It is
recommended that we accept, or 90 ahead and join as an association... forthe Minnesola Parks Association again in 1991.
Schroers:Are you
Yes .
looking for a motion on this?
Hoffman:
Schroers:I would move to once again be a member. Is there a second?
I 'I I second that .
I 'I I second that .
Andrews:
Pemrick:
Andrews: And we had also Lalked about if necessary we would adopt the
twice a month if the building activity and so forth requires.
Hoffman: If necessary, even in the months of February and March when weget fairly intensive activity going on. Preparation for spring
construction season, if we need to caII a second Tuesday, we'II do so. Host -Iikely we wilL know far enough in advance where we could make thatmodification at the meeLing previous than Lhis meeting... You can take it
from here Larry.
APPROVAL OF I{INUTES:
seconded to rcner.r the Commission's I'IRPA membership
favor and the motion carried.
here.
just move to item 7 and come back to it when Joan
Schroers moved, AndreHsfor 1991 - AII voted in
I
VISITOR SENTATION:
PRESERVING OPEN SPACE FOR THE DEVELOPI{ENT OF A GOLF COURSE. JOAN AHRENS.
CHANHASSEN PLANN NG COMHISSIONER.
Hoffman:Joan isn't
Should weSchroers:
comes?
Lash3 Is this Joan?
Ahrens: Yes. Ready for me?
Hoffman: Basically what Joan is interested in is, she had talked to PauI
Krauss the Planning Director for lhe City about the Possibilitv of
preserving open sPace. !.Je're in the develoPment stage ' the City is t^rhere
Iand developers are coming in and trying to pick up available Pieces of
Iand at a pretty astounding rate and at Lhis point in our develoPment it's
a good time to take a Iook at any of those future and long range land use
pl.ans. That's one reason you review the comPrehensive PIan. You have a
chance to take a look aL that. In talking with PauI, PauI was..-kind of
start some dialogue if this would be a reality or a feasible concePt that
we could go ahead and maintain or Preserve some oPen sPace through the
development-..golf course. So Joan if you want to 9o ahead and talk to the
Commission abou! your thoughts.
Joan Ahrens: I'm Joan Ahrens and I'm on the Planning commission, I'm here
on behalf of the Planning Commission tonight and I guess I urould jusL Iike
to clarify that it wasn't exactly a, this didn't come out of a conversation
belween PauI Krauss and me. It came out of our Iast Planning Commission
meeting. I guess the reason that we'd been talking about a golf course is
becaus!, as you know over the last year we've been doing the Comprehensive
PIan. Talking to a lot of residents and we've had a lot of public
hearings. First and foremost on everybody's mind is Preservation of oPen
space in chanhassen. It's the reason most peoPle moved here and they want
to not only see open space preserved but they want to have access to it.
so the idea of a golf course came up at our ]ast meeting.. I relunctantly
agreed to be the one lo present it to you because I wasn't sure how good of
an id"" it was but doing a little research I have found that I think it
would be a great idea for the ciLv and I was talking to Tom outside, he
Lhinks a great idea too so it's nice to know we have more suPPort here.
t^that I did, and I guess in general I'm here to talk about golf courses.
specificaLly what I'm here for is to ask you to amend your section of the
Comprehensive Plan to include a study area or sLudy areas for golf course
development. l.Je don,t have anything Iike that and we certainly have a lot
of space righL now. t^le could Iook into it. Not^r is the time to do it.
I know it wouLd be a very large proiect for the city and I think that there
probably would be some concern that we don't have the population base to
se! a bis project off the ground. And I'm taLking about a municiPal
course, noL a private course - t''ty idea was Lo develop one, to acquire land
and develop it from square one. Tom Nas talking about the possibility of
Park and Rec Commission Meeting
January 22, 7997 - Page 5
Par k and Rec Commission
January 22, !997 - Page
Meeting
6
acquiring the existing course. But anyway a IoL of peoPle I think would
say that maybe we don't have the population base out here yet but by Lhe
lime you get a large population base, of course you don't have any open
space Ieft which is what happened to Lhe City of Minnetonka. .Thev've been
trying to get a gol.f course going there and they don't have any land Ieft,
They have one bit of Iand in Purgatory Creek but it's a nature preserve and
people don't want to turn a nature preserve inlo a golf course. I don't
know urhy but anyway. I have some IitLIe ouEline here I've prepared foryou. This is based on some conversaLions I've had in the last couPle of
ureeks. This isn't a formal presentation on aII of Lhe aspects of
development of a golf course. This is, I'm throuing ideas out to you and
I hope to have some dialogue here uith you on this. I was relunctant at
first because I wasn't sure this was 9oin9 to be a good idea to pursue. I
have talked to a number of cities who have municipal courses and every
single one of lhem said they thought it b,,as a grea! idea for their city.
They've aII been very profitable from the first day of operation. You'II
see on here that the Edinburgh GoIf Course is going to see revenues of
rE15o,ooo.oo this year from a golf course alone. They figure that theirgolf course has generaLed over a hundred million dollars in economic
development for the City which is outsLanding. one of Lhe reasons, Lhey
have probably the biggest and most expensive development here but theyplanned it that way because Lhat's whaL brings in money. They also, Ithink the beauty of their course and some of the other municipal courses
was Lhat it's not just a golf course. It's an open area for all theresidents throughout the year. They use the golf in the wintertime for, ora number of cities do, for crosscountry skiing and sledding and whatever
outdoor activilies the ciLy wants to use it for. They use club houses for
community centers and meeting places and for rental areas and restaurantsso il real]y is a development that's used by the city. I've listed on the
bottom some financing options and these are very sketchy ideas and theyaren't, each idea isn't exclusive. They can be combined to come up wiLh agood financing plan and the only reason I list these is because Lhe firstthing that comes to everybody's mind is how do we pay for something likethis? A bis development Iike this and there are options. In Brooklyn Parkthey, a developer came in and purchased al] the land necessary for the 9o1fcourse and then they wanted to build, part of Brooklyn Center, part oftheir problem is they had an image problem up there. The people who lived
up there ulere mostly working class - As they got better jobs and made more
money, they wanted to stay in Brooklyn Park but there was no upper brackeL
housing for them so they thought of the idea of a golf course and building
upper bracke! housing around the golf course. This has been a big successfor them up Lhere. At any rate, okay. The land was purchased by the
developer and then the deve.Loper gave the City, which doesn't happen veryoften, but gave the CiLy aII of the Iand for the golf course. It was a taxwrite off for the developer and they figured that was the only way theycould ge! their residential development going out there. It's the largestplat ever recorded in Hennepin County which tells you how big a project
Lhis is and how big a project it continues to be out tshere. But that wasjust one idea of how they did it but everi, city has their own story andI have a Iot more information if any of you want to talk about it at someother time but, do you have any queslions? Any ideas?
Koubsky: Joan, does the Planning Commission have any area in mind off hand? -
the I asLJoan Ahrensr No. This was an idea that was brought up a!
Par k and Rec Commission
January 22, L99l - Page
Meeting
7
Commission meeting. l^,e know that there is a lot of oPen space left in
Chanhassen. tle didn't pinpoint any sLudy areas at aII.
Andrews: I have some questions and comments I guess. I've aluays been a
proponent on the Board here of open space so I'II start with that sLatement
and then I'11 kind of r.lor k down from there. I guess I question the
feasibility of a golf course knowing what the economic climate of the dav
is and also the competitive situation with Edenvale, Bluff creek, Island
view, Deer Run and I knou there's other courses nearby. I know Edenvale
has really struggled as a course to be economically viable and I guess
I look at Lhis and ue talk abouL, we want to preserve oPen sPace but yet
the comment about Edinburgh was look at all the develoPment it caused. To
me that's sort of a paradox. I rdould Lhink that perhaps a better idea
might be to designate an opeD space as oPen sPace and let it be nature and
not a commercially developed project. I also question how our business
owners Iike the owner of Bluff Creek would resPond to being in competition
r4ith the city. My experience t{ith some of the things I'm involved in,
which would include some Iike the HyLand HiLls Ski Area, that it's very
difficult for prj.vate business to comPete with a publicallv funded
operation. They usualIy, the public oPeration typicallv wiII have the best
equipment and the Iowest prices and that can drive a Private venture out of
business and I look at that and wonder is Lhat reaLlv a fair thing to do to
somebody that's struggled to have a business in Chanhassen.
Ahrens: Do you Nant me to respond to that?
Andrews: Sure, go ahead,
Ahrens: Your fi.rst concern that this is a bad business climate to start
talking about developmen! of a golf course. You're righL. Our economy is
in terrible shape but it takes 5 Lo 7 years to get an idea like this off
the ground and hopefully tle'Il be in better shaPe in Lhe future when this
comes to fruition, a golf course. Secondly, there's never been' I think
lhat the City does have to be sensitive !o the needs of private businesses
but there's never been a shortage of golf courses in this area. The
western suburbs of the Twin cities has the highest number of golfers
anywhere in the metropolitan area. Edenvale was in trouble and they
probably still are. They've been trying to seII their course to the citv
of Eden Prairie. The City of Eden Prairie wants the course but Edenvale's
asking 7.2 million dollars for it, and it's not worth it. So there are
some private courses that may be in trouble but I don't think that, and I
think that the numbers would be real easy to get our hands on. I don't
think that a municipal course would threaten Private courses by any stretch
of the imagination and I think that your concern that it would bring more
development also to the city of Chanhassen. tJe're going to have
development one Hay or another. It's how ule're going to PIan for the kind
of development we want. I Lhink the idea of having oPen sPace iust for the
sake of open space is great but I think if the city can make monev off of
that I think, and still have it be oPen space and have it desireable and
attractive and everyLhing else, I think thaL the City should think about
that.
Schroers: Anyone el.se have any Particular thoughts?
Par k and Rec Commission
January 22, 7991 - Page
Meet i n9
a
Lash: tlhen I think of open space, I don't picture a tailored, landscapedgolf course. tlhen I'm thinking of open space out in Chanhassen, I'mthinking of the woody areas and the marshy areas and the lakes and aII of
that but I certainly wouldn't want to say that I wouldn't want to get more
information on this. I think ule should certainly explore it. If we get
more information and it looks like it's something that would be viable
sometime in the future, the Least we can do is.
Ahrens: Not that I'm aware of but I haven't talked to any private
developers ulho are interested in developing another private course becausethe private courses are real]y in competition with each other and there area lot of private courses around.
Pemrick: Don't they have both though?
the public Lo play, it's just that you
I mean a private course also allowsget first.
Pemr ick: Not like Hazeltine.
Ahrens: No. Some of them do alLow the public to play also but municipal
courses generally, some of the courses pulled in somethins like 70? of thepeople who play golf there are local residents and they offer lower prices
to residents Lo offer a service to them. So there's more of an incentivefor people to stay in the community and spend their money.
Andreus: I have a couple more questions too on that. Is what you're
saying that one of the ways that we wouLd be able to obtain land is through
a solf course, and from what I can teII, at least from our park board the
way it stands right now, maybe the only way uJe could obtain a large tract
of Iand and at least preserve it in something other than buildings or
houses. I guess I woul^d ]ook at that as yes, as a better alternative than
blacktop and buildings but I guess I still uould look at either a
combination of totally undeveloped land and a golf course or, my personal
preference uould be wild Iand I mean uhich is probably the most valuableasset that we will have. But it may be economically impossible to preserve
that as a city without some way creating some sort of revenue so I
understand both sides of the issue here. I guess idealistically, I wouldlike to see a large tract of Iand that we could just Ieave as is. Leave itr.rild- Maybe have a few trails on it but be lucky enough so that 20 years
from now there could be a 2oo acre piece of land surrounded by city that is -just wild forest or whatever.
Pemrick: tJe]l I'm in favor of a golf course, I think it's a great idea to -have. I've always been in favor of any lifelong sports or activities.
Tennis is a major one and golf is a major one. Golf is just exploding andthere are enough public golfers, public course golfers. I think it r.rould
be uell attended you knoul . Private courses are pretty exclusive to themajority of everybody and I'd like to see further study done. I thinkthere's a future for a golf course in Chanhassen, Has there been any
approach by any private sectors Iike a Deer Run type thing coming into
Chanhassen?
Ahrens: Some of them do. Risht, some of them do.
Park and Rec Commission
January 22, 199f - Page
Neeti ng
9
Pemrick: Host of them seem to fill up rapidly when they do offer
memberships
Ahrens: t,ell I heard an interesting statistic and I don't know if this isjust from a golfer or what but lhey said that every 4 days there's enoughpeople starting golf in the United States to support a new golf course.
schroers: t^lel} evidentally there's a lot of people that think it's a good
idea because there are brand new golf courses going up aII over all the
time. I Lhink that j.t urould be nice for Chanhassen to have a municipal
course and it would be nice to be city owned and operated and open for thepublic but I think Lhat whether it's city or private, golfing is still a
business and whether or not you do h,ell r.rith it depends on what type of
facilities you have and how weII you manage them. Just because it's going
to be a municipal course doesn't mean it's going to be a major success.
Ahrens: oh absolutely. It depends on hou it's maintained. Dwan. I don't
know how rhany of you are familiar with that course. It's in Bloomington
and it's a short course. It's not, I think they have t holes...35 acres
that are developed by a golf course so it's a small course and theyprojected their revenues based on 27,o}o rounds a year and they thought
that they could make it on that. They have from the beginniing had a
minimum of 50,OOO rounds a year out there and Lhat's the way it is, Most
of them have a minimum of 5O,ooO rounds a year. It seems like when a golf
course springs up, people 9o to it. You know they are amazingly successful
and cities are making good money off of them, but they do have to be run
exactly like a business. You're right. Some cities have developed golf
courses and run the golf courses and then sold the club houses to Private
developers so there are private people running club houses. It dePends on
t"rhat the city wants, what kind of business they want to be in'
Hoffman: That would be worked
the job would be taken on. It
ser ious consideration or study
Counci I level as well.
out amongst staff at Hhat staff level
rould also then, to start any type of
ue'd need approval and funding at the
t hat
Ahrens: t"le have the opportunity to Brooklyn Park, thev offered to even
come out here and talk to us. They also have, thev paid for a feasibilitv
study several thousand dollars of a feasibility studv done for their golf
course and lhey offered to hand that over to us which ulas very generous I
thought. It r.rould be interesting to document...
Koubsky: They can also have local memberships. Being a public course, you
can also be a member of the course which wiII give you a discount or some
option.
Lash: So Todd, would you be able to pull thi.s information together for us
or who would be, who would need to do this?
Schroers: tlell I think that your request is very reasonable. That we lake
a look at it. At the comprehensive PIan and consider areas that ttould be
suitable for a golf course. I can say however that we have been looking
for large tracts of land within the city of Chanhassen to be used as Parks,
both active and passive parks and there is still some oPen land but a lot
of it is not very affordable or attainable it seems like so it may be a
Park and Rec Commission
January 22, l99t - Page
Meeting
10
little bit harder to come up with an area that large without private
development or without private interests to help them.
Hoffman: As you know, the Deer Run golf course is basically a trend which
is taking place in other parts of the country and initially in hearing
those folks speak, the developers speak about how they came about depicting -that Iocation, they r.rere just looking at a Iocation anyuhere west of Eden
Prairie. Chanhassen, Victoria, anywhere out here and that piece of land
became available so per chance we missed an opportunity there but Lhe trend -in the housing around the golf course and a private developer developingthe golf course and then another developing group developing the house
se6ms to be one trend which is fairly popuLar in golf course development in _this day and age. And Larry, to faII back again on your speaking ofdollars spent. Just in raw land value, if we tack on a tE15,OOO.OO-
$2O,OOO -OO per acre rah, Iand value to start at 1OO or 15O acres, ure're intothe 1.5 plus million dollar range just to acquire the land so it is a -substantial amount of money and that's why it is a 5 La 7 year process to
even get something like this off the ground because it is such a largeproject
Andrews: I have a question of how this r.rorks with the comprehensive plan.
If we were to, would we be designating a part of Chanhassen to say this isour open space/golf course area and then if present owners had thatproperty and tried to seII it, they could only seII it for use as a golf
course like we were lookins at with the trails situation?
Hoffman: Basically if it came to the point where a study area or an area
would be designated as open space for a golf course, you don't haveexclusive rights to that but you have the wherer^rithal then to if that Iand
becomes up for purchase, that it is labeled as in the comprehensive plan
and you have firsL shot at it to purchase it or condemn it.
Ahrens: It's a tough situation though.once you start identifyins specificparcels as golf course and the ouners say How, my land could become Lhenext golf course and the price goes up considerably. I don't know howyou're going to.
L
b
ash: That was my next question was, does that turn aroundack in the market by people jacking the price up? Is that and bite us
a real typical? _
Hoffman: It's a real mouse,/cat game,sure.
Ahrens: But that's the uay it is t^rith aII development out here. You know
everybody you talk to uho oulns land out here says that their values havegone ulay up just since we've been talking about the comprehensive plan and
expanding the MUSA line.
Lash: But if peopJ.e think that government is interested in it.
Ahrens: Yeah, it goes uray up.
Ahrens: I think that truthfullyjust a public course but maybe a
it could be said that it's an idea for notprivate/public venture or something Iike
Lash: ...bottom]ess wallet.
Par k and Rec Commission
January 22, l99f - Page
Meet i ng
11
that. Probably is what the City uould be Iooking at anyulay.
Schroers: I'm wonderins if the-re would be a possibility of wording this a
little bit different and instead of saying looking at specific study areas
for development of golf course, would be just kind of looking citv wide as
to hlhere it would Iend itself and not actually identify a sPecific area
that we would be looking at.
Ahrens: I don't know if within your section of the comPrehensive plan if
you have to do that. Identify some certain areas for certain activities.
Hoffman: If you choose to do that, it lends some credibility and to keeP
things going in the same direction as go on 5-5 years down the line, to say
you have that area designated. At this Point in these initial discussions,
you know talking about designating a certain area in Lhe comPrehensive Plan
is premature basically. tle're at a leve} where we're iust trying to start
some dialogue in the subject and obviously you need, you don't just need
commission or council or city suPPort. It needs to be a community suPport
type function or it's just not going to be viable.
Andrews: I wasn't suggesting we urere going to designate it tonight but Ijust want to understand what the implications uere of the idea.
Lash: tlhat kind of a feel do you have Todd for the idea and have you had
input from people that are interested in something Iike that?
Hoffman: Previous to sPeaking with PauI and the events that took Place at
that meeling and in conversation with Joan, I have had some background in
it in the cities of Mankato and North Mankato. They were battling to be
the first city !o, they both acquired the land and then the first citv to
develop their golf course and North Hankato finally beat out Mankato and is
going ahead with a develoPment. The City of Mankato has been in the
pro.... for over 10 years now and they've owned the land throughout that
entire time so the process to get it going can be a lengLhy one for a
municipal goLf course.
Lash: Do you have a feel for, you said vou thought that it might be
thought that our population now urouldn',t, what kind of a PoPulation number
do you think would?
Ahrens: I don't have any numbers of mine. I don't believe that's a valid
argument anyway. I'm iust thinking in our last election we had our
community center on a referendum lost because PeoPle didn't feel we had
enough population to support a community center and I Lhink these are very
difflrent ideas. The important thing is getting the correct information to
people and how golf courses pay for themselves and community centers don't.
It's just something the cit)' buys and Pays for and it sits there ' An
expensive asset for the ciLy. fhey're two very different ideas. But
I imagine that argument will come uP.
Koubsky: r guess I'd just like to exPress mv interest in, I think it's a
pretty good idea. I think it's one that should be considered and worked
out. At least thought about and not, tabled.
Park and Rec Commission
January 22, L99l - Page
Meet i ns
72
Schroers:
Plan?
Todd, is it goins to take a motion to amend the Comprehensive
Ahrens r Tom r.rants to make a comment ,
Tom t^lorkman: I knor4 this isn't a public hearing, Oo He have a new
Chairman yet? I rdas out. Okay, Hr. Chairman and Commissioners.I introduced myself to Dave before I had to tell him I Has fom U,orkman oranything else, I forgot to introduce my own self. 7233 PonLiac Circle forthose for the record. I started thinking about a golf course idea when
what was going to be the tlor kman,/Chanhassen Municipa). is now the Eckankarproperty over there and I think you need about 14O-15O to do a golf courseproperly or something and there's 174 there, tle could make a great bigtotLot ouL of the rest of it or something. So I started thinking about you
know I mean rather wildly obviously about that but last spring in thinkingabout how our city appears to people, Lhe recurring comment to me fromfriends, family and enemies alike was every spring and summer thaL darnBluff Creek. tlhat kind of a reputation Bluff Creek throws off and then ofcourse is the impression that it gives the City of Chanhassen. The courseis laid out poorly. They don't rake traps. They don,t Hater very t^lell.They don't do things properly. The course is jammed. Don,t get me r^,rong.The course is jammed and the guy is making money but golfers Iike myself,friends, family and enemies alike, avoid it if we can because it's not that -good of a course. But Nhat I did Uas uith Scott Harr spent last summer andfall trying to find out what $le could do about that club house that washal^f built because it stands there, I don,t knot,r if you're familiar withit, but it's this big brick clubhouse. I think about 4 Minnesota Vikingsin the late 8O's, late 7O's, early 8O's got in and gave their money Lo
somebody in the venture and then he ran off with the money and notr we'vegot this thing half built and everything e).se. It's been standing there sohe makes a lot of money selling beer and Tr.rinkies out of a tin shed andpeople golf there. There's no doubt about it. I think if we had 3 golfcourses in this town it would f]y because of the demand. Joan,s commentsurere correct. It's really becoming more popular but Scott and I, throughcontacting the oulner, there's no code violations on that golf course orwith the club house. You can't tear the club house down. Can,t doanything. t^lel] it continues to be king of a sore spot wilh me that thisthing is kind of, this impression that people are getting. The only thinsthey get, oh Chanhassen, Bluff Creek. Oh yeah. And so I've always thought _about hotr could the City turn that into a municipal golf course. Obviously -condemnation. That kind of thing is kind of frightening, etc.. HelI atthe League of Cities Conference in Houston this year, there's somerepresentatives from a firm, well the PGA is there and the LPGA,s there atall these places because cities are doing big municipal gorf business. Butr made a contact urith a fellow from what they call First Golf. But to backup. tJhen I saw Joan's comments in the agenda tonight, I thought somebodyelse is on a tract that I may be on and we should get together. But FirstGoIf is basically a financing ouLfit and I,ve got an awful lot ofinformation here that r'rI give to Todd and r should have had maybe for you'guys tonight. They basically finance these deals. If it's an existinggolf course, we'II help you finance it. You pay for it through thereceipts. Through people golfing. That's the difference beth,een having alarge open space that has no turnstile on it, It's very expensive and it's -not going to be paid for unless it's a bond referendum or something. It
becomes a large open space Lhat's paid for. If you don't make a profit,
Par k and Rec Commission
January 22, 799f - Page
Meet i ng
13
Schroers: Is there
on that?
any other commission members have any further resPonse
Lash: I feel about the information al.ready Provided about the different
options and financing, I guess iust looking at this thing, I feel like I'm
sluck between a rock and a hard place because I don't think we'd ever 9o
for a referendum on this uith the climate Lhat we've had referendums lately
but yet it seems like it's sort of sneaky way around it to do it tJithout
Iecting people know or leLting Lhem have inPut into how they see the money
being ipent. But there are different options of having it, of getting the
,on.i f.om someone else and paying them back from the revenues or those
kinds of thinss, I'd be comfortable with that. I don't knou,r enough about
aIl these different bonds and these different oPtions that vou exPlained
but I wouldn,t feel comfortable with anything that I thought was something
that Ne were doing without voter aPProval . Yet I don't think u,e'd ever get
voter approval so I guess I would, if we're Iooking for a motion I'd be
big deal.. The profit is the open space. I've always said the City
shouldn't be in the business of making a profit off of it's citizens, etc.
but municipal golf course is a way to preserve the oPen sPace and have itpaid for by people all around. Not just in Lhe City, and certainlv not
through taxes *hich we alL know doesn't work out real ulell. And this isjust one financing idea and Joan came up u,ith some more and I Lhink 7 to 10year idea is kind of, it's too Iong for me to think that far out and I
certainly wouldn't hope that something Iike that would have to haPPen. I
don't know. I've heard rumor and there certainly is some Platting going on
around the Bluff Creek area and they could at any time turn that LnLo 2 L/2
acre or 10 acre lots and I don't know if you've stood on that bluff up
there but you can see everything from uP there dourn in the valley and it is
some really pretty land out there that would be Perfect for Preserving. Do
we preserve it just for golfers? I don't knour. Burnsville ' the Citv of
Burnsville is currently going through something of a battle on this so we
might want to check urith them or u,atch what thev're doing. I know that
there's the proponents of, ure just want this oPen sPace for trails and
hiking. l^le don't want it for golfing because aPParentlv the hikins PeoPle
don't Iike the golfing PeoPle or something. They are tr'ro different PeoPle
I think. But that certainly can be looked at. The hiking PeoPIe would
just have to hike when it's ddrk. I don't know. Like I emPhasized before 'people want Lo play golf here. They don't want to go sornewhere else but
they wiII and they do and for the 30 or 40 Limes a summer that I plav goLf'
I'II play Bluff Creek once and vet it's still Packed. I can be selective
apparently and other PeoPIe don't care to be. That's about a]l I had to
say. I didn't mean to bore you on and on here but I'Il get this
information to Todd. t had a conversation with a gentleman. He called me
up from Denver and they uant to seII golf courses and sent these Packages
up. obviously there's money in it for them too and I don't know nearly
enough about any of it but I do know that there's a million and one oPtions
and ways to go about something like this and I think bJe're at a good Point
to do it so I'm glad the Planning Commission thought to bring this up. I
was going to bring this up at the City's, the Mayor was going to get us
together and do some planning ourselves. Some goal setting but I thought
it;d be a good time to do it now. And lastlv, I did bring up to Todd, how
could Lhe city 9e! some botchv ball courts in Lhe citv. Rather cheap and
inexpensive. You'd think an Eagle scout could probably handle it if given
the instructions so there You go.
Par k and Rec Commission
January 22, 1997 - Page
Heet i n9
r4
ready to make a motion that we, do you h,ant to look for an amendment
PIan now or do you u,ant to come up wiLh a way of wording it yourself
what do you think we should do?
to the
or
Hoffman: Yeah, I don't believe at Lhis time we need to 9o to an amendmentof the Comprehensive Plan. t^le have 10 years to amend that piece of urork
and we can certainly starl the discussion and move foruard with staff
discussion and discussion with the Manager and the Council and the Planning
Commission members and the input from other people out there prior tostarting those types of actions.
Schroers: That's exactly r.lhat I was thinking. If you could start the
research on it into some of the funding and to see how actually realisticit was, there would always be time to amend the Comprehensive Plan and toIook for areas so I think if the fundj.ns is available, that uiII make it anawful lot easier to find a suitable area. I think it's very interesting.f certainly wouldn't be opposed to seeing a golf course come in the cityand be anxious to see how this develops.
Name Address
Tom Sc hoe nec kerBetty Lang
2A20
263!
Sandpiper TraiI
Forest Avenue
Hoffman: Herman Field Park access and initial development plan. r believewe have both of you here for that item? Yep. And we also have. many ofyou can see Scott here in the audience. You aII know him but I,d also like -to introduce Bruce Chamberlain. New person with the firm of Van Doren,Hazard and Stallings so he'II be working uiLh, he works with ScotL andworks wilh Hark Koegler so we have those people now as well and Dick Hingas well is in the audience from the Council. This item as the reportstates, has been talked about and re-talked about over the past I to 10years and then Lhe past 3 years, some intensive study work has been done tobegin the process of developing the 11 acre Herman Field park which wasinitially donaled to the City along with $3O,OOO.OO Lo develop tha!. LastMarch I beLieve it was when the tlinutes are in here. Last April was theIast time the commission discussed this item. At that time ue were stilrwresL].ing r.:ith the issue of access through an easement. The CommissionIeft it that evening with staff to go ahead and investigate the need topurchase or acquire easements. Just during the initial stages of tha!process when we were taking a look at that, a road vacation request, asnoted in the report, resurfaced and through that opportunity of vacatingthat portion of Forest Avenue r He ra,ere able to acquire that easement as atrade-off so r.le did not have to go ahead and purchase that easement- Thatwas just a windfall action of that Forest Avenue./Oriole Lane vacationrequest that came through so as stated in the report Lhere, the two
Hoffman: okay. Again, no motion is necessary.
Schroers: Okay. Then if there's nothing further on that, then I,d like to
move along to item 7 on the agenda
HERMAN FIELD PARK ACCESS AND INITIAL DEVELOPI{ENT PLAN.
Public Present:
Park and Rec Commission
January 22, f99t - Page
Meet i ns
15
conditions of approval for that vacation were the 4O foot easement for thegraveL trail or gravel road access to Herman Field Park and then as well tomaintain the easement off of Oriole coming down into the northeast cornerof Herman Field Park to maintain a viable b,ay to get a trail into thatpark. That approval of the vacati.on was, and with those conditions was
then granted i.n November of 1990 by the City Council. Previously we have
taLked about Lhe park pLan or the master park plan in the year '88I believe in the forefront. The master park plan with the design of thepark. What facilities did the Commission and the residents in that area,
r.rould they like to see in the park through neighborhood involvement. Having
those residents down to these meetings and with commission support, a
master park plan r^ras developed, That Has revised again in I believe it uras
1990 and so we have all the components in hand to go ahead and start
initial development. Ue did go ahead and budget tt5O,oOO-oO for this first
phase of development. That h,as approved by the City Council so along with,
we have the dollars available. t"le have Lhe means of gaining access finally
to Herman Fie]d Park and we have in hand a master park Plan. The
direction I'm Iooking for tonight is we did send the notification out to
the residents to have them down to answer any last questions they had prior
to going out and taking a look at acquirins bids or specifications and
plans for this project and then eventua.Lly taking those to the City Council
for their. approval and going out for bid within the next 2 months.
comments from the commission.
Lash: How much of this do you think we can get for $5O,OOO.OO?
Hoffman: The most recent estimate Ne had was $31 ,ooo.oo to have the access
road put in. That's about a year old so it will be in the neighborhood of'
guessing $35,ooo.oo plus to have the access road Put in and then we're ]eft
wilh $1o,OoO.OO-$12,oOO.OO for Park develoPment.
Schroers: The development of Phase 1 consisted of very IiLtIe besides
mowing what would be a couPle of trail areas for naLure walking and !^,e Nere
go.ing !o put in some, an active use, open space with some Picnic tables and
how much grading were we going to be doing? Here we 9oin9 to do any
grading on Phase 1?
Hoffman: As ]ong as the contractor is there doing the road project ' it
would be favorable to go ahead and do the grading Portion to whatever
extent is necessary in that active area of the park to level that area out
so it can be seeded and mature into turf prior to being used as a ballfield
or an oPen sPace area.
Schroers: tJe're not going to get too far with grading on $1O'OOO.Oo or
$12,OOO.OO are we?
Hoffman: No. The $5o,OOO.OO is increased $2O,OOO.OO from the !D3o'OOO.Oo
which uas orisinally donated but again this teiII be a mulLi vear proiect -
tJe'lL have to come back with some more dollars in 1992 to Potentially put
in the totlot or finish other things inside the park so again we're in the
initial cost estimates but th€ !S5O,OOO.OO is not going to create
everybody's vision of uhat thev uant to see that park be in this first
yeaY.
Lash: So we could get the access road and maybe an open PIay area?
Par k and Rec Commission
January 22, f99! - Page
MeeL i ng
16
Hoffman: Yes.
Lash: l.le can put a couple of picnic tables in Lhere. Maybe a grill.
Garbage can.
Hoffman: Yeah. obviously as we've seen in other parks, once you 9o in andyou start construction that first year, it's not a real beautiful place togo ahead and take a ]ook at anyways. It's a bare dirt field and so we needto get in there and do the seeding and grooming. The vision is on thispark to, about 2OZ oy thereof is going to be groomed or maintained. Mowed
so lhere is an active area, a pleasant area to go and visit and picnic andtake your children in and that type of thing. Then as well there will bethe mowed trails through the natural area taking into concern the Iocation
adjacent to wetlands and those types of thinss so it will be, in the next
coming years we'II have to set aside some additional dollars if it'savailable to acquire those other facili.ties.
Schroers: Does sLaff have any feeling as Lo urhether alI of the excess thatthere is from the entrance road be used on grading or did we !.,ant to get aportion of the park useable as far as not an active area but just somethingthat can be used for a passive use?
Hoffman: The trails. cetting the trail component in, cleared, grubbed out
would be a high priority and if that could be at all fit into Phase 1, that
would be a good component to include in that. Other than that you know thecost estimates at this time are so vasue that I can't forecast what otherthings we could 9o ahead and put in there. But again, as long as thecontractor is there doing the grading right up to that area, until we havea grading plan and some estimates on how much dirl we,re going to have toactually move, I can't give you an estimate. A dollar figure but as longas-they're there, it's much easier for them to complete tha! project atthat time. Bringing in a contractor or ure can possibly take a ]ook at, if
ure can't feasibly ge! that done on the money we have this year, that nexLspring we could do it with our own cre!, or even later on this fall byrenting equipment and then having the City maintenance personnel do thatgrading uor k themselves .
Koubsky: Did the residents express a similar way that they,d Iike to seeit moved foruard with the extra money?
Hoffman: obviously they've expressed, they'd Iike to see it developed andturn into the park that it's going to be eventually. However the accessroad is the first thing we need to do. After that they've expressedinterest in the play area and in the trails so they can have a destinationfor a waLking area as ulell.
Lash: I
system .
know there was a concern...LangIs that something that we'II be
regarding some kind of a gate
able to?
Hoffman: Taking a look at the system, I have talked to another residenttoday on Lhe phone on that same issue and the situation being, we havegates at some other parks within the City. Lake Ann Park for one which is,it's not closed and opened every day because we do not have a personnel
component on hand that can do that. l^le do not have our oun police force.You know we contract with the Carver County people who, if you ask them to
Park and Rec Commission
January 22, f99f - Page
Heet i ng
17
do it will do that when they're availabLe. So even though the gate isthere, ure do not have the personnel to open it and close it at 1O:OO p.m.
and 6:0O a.m. every morning so my recommendation would be Lo leave the gate
out of the initial phase and if it becomes a situation where ue do need to
solve some type of entry problem to the park, to go ahead and add it. Agate system. Our park maintenance people can build those but then ure also
have to wrestle with the situation of uho's 9oin9 to open and close it.
Schroers: AIso a gate doesn't do a r.lhole lot of good wiLhout a fence and
fencing is very expensive and what gates and fence do is keeP the
non-troublesome type of people out but the people Lhat are going to go in
the area to cause a problem really aren't going to be deterred by a gate or
a fence. If they b,ant to get in, they'Il get in. Is there any other
comment or questions on the iommission .before He open it uP to the
audience? Okay then, at this time...
Tom Schoenecker: lly name is Tom Schoenecker and I live at 2820 Sandpiper
Trail which is a block away from Herman Field. I tlas on this Commission
for about 5 years about 5 years ago when aII of this started to take Place
and about 4 years ago the land across Lhe street from our house and
adjacenL !o Herman Field, Iand that was always owned by Randy Herman was
developed. The people in the neighborhood at that time thought that waspar! of the park plan... At the time I was on the Commission and we didget this commission to ask the City Council to make the developer Provide
an easemen! to that property lhrough the park for our neighborhood- I do
know thaL that easement was written into the contract for develoPment of
the property. Hot ever, I don't see anything in the neighborhood that looks
Iike an easement, The houses are so close together, I don't knou how there
could be an easement for Park access through there but I believe it is in
Lhere and I ulould ask this commission to investigate that and develop that
easement from our neighborhood into that park. The PeoPIe in the
Hinnewashta Manor area would have Lo go about maybe 5 or 5 blocks to ualk
into the park if they had to go around where iust an easement through the
new development r^rould iust be a matter of walking...
Schroers: Are you asking for a Pedestrian easement?
Tom Schoenecker: Just a pedestrian easement' yes -
Lash: Is that off a cul-de-sac?
Tom Schoenecker: It's off a cul-de-sac. The new cul-de-sac going uP.
the meet i ng(The quality of the recording was very Poor at this point
and was not picking uP the discussion verv weII. )
ln
Schroers: tre've gone and Iooked at
area and their general feeling tlas
to be formally develoPed bY PeoPle
access Lhe park. . .
that and talked to residents in the
something that didn't necessarilv have
in that area because they iust wanted to
Tom Schoenecker: The thing that I'm concerned with basically is the
indication of where that easement is. Right nor^r who knows where it is and
we should have some way of indicating to the peop.Ie in the neighborhood
that is an easement- That it is an easement and that we do have access
that ulay.
Pemrick: There wouldn't be any way without...
Andreus: Have we had that surveyed...
Hoffmanr Yeah. Il's platted.
Lash: . . .and it r^rould be very close to a home .
Schroers: The houses are close together and if the easement is in themiddle betureen the turo houses, it r.lould affect both of the property
ourners. -.public access to the park there and I think that they would offera Iot of resistance.
Hoffman: It is one of the questions which i.s on the survey uhich theFriends of Herman Field went ahead and took of the neighborhood and you,II
see both responded in both ulays on that. That many of the peopl.e wou.IdIike to see it and others didn't care either uay.
Andrews: I've got a comment here. tle're talking about two property ournersthat are..,the question is, I think the €asement was put there for the useof a neighborhood, I think that the comment about if it was designatedI think the people, if it's going to be used, would feel comfortable usingit and not be concerned about being cha).Ienged by a property oh,ner thatthey're not on their property. And also as time goes by and ounershipchanges the property, some of these battles on what the easement...or whatused to be an easement becomes a bigger and bigger issue. I think if theeasement is there and it is City property, even if we don't develop it, Ithink it should at least be staked so if a person decides to ualk down that -hilI, they are comfortable knowing that they're not on somebody,s privateproperty and nor would the private property owner feel like they,re havingtheir property trespassed on.
Tom Schoenecker: That u,ould be my concern is that as the neighborhood, oras a neighbor there, I ulalk that area quite a bit. I walk around rightnow. t^lell I would like to walk through but I don't know where it is andI'd be afraid of going on somebody's private property and being kicked off
Park and Rec Commission Heeting
January 22, l99f - Page 18
Hoffman: Correct. In addressing the, not developing it per se but just
allowing peopLe to use that area, the hill there would have to have some
development. If you uanted to make use of that easement and you took a
connection off of one of the trail loops on the west side of the park and
extended that to the base of the hill, you then would have to literallybuild steps to bring the back yard of this person and if you've gone thatfar, you almost may as ueII continue that trailuay so it is designated.
The easement is there between the two homes which are right at the end ofthe cul-de-sac. I believe about 2 years back that a portion of the
commission did go out and visit the Piper Ridge development to take a lookat that area. To speak to the neighbors and obviously the two adjoining
neighbors would noL like to voice their opinion against that development...easement. It's a...small area inbetween Lhose two homes so it would befairly Light through there.
Par k and Rec Commission
January 22, t99f - Page
Meet i n9
19
area that uas designated someway of staking or something
through.
so if there was anjust so I could go
Lash: If we have, if and nhen we have...
Tom Schoenecker: tJould it be possibLe just to send a letter and one of
these site plan to the neighbors there and designate where that easement is
so ue would know where it uas? trould it be possible to get something like
t hat?
Hoffman: It certainly is but I would be somewhat tentative just inviting
the neighborhood to use an easement because it just is there. Just because
it exists. I would be more comfortable with inviting the neighborhood to
use the access that park if it was maintained or develoPed or marked in
some manner. If we want to promote the use of it, then we should go ahead
and take the responsibility for marking it and making it knoun to not onlv
the neighborhood but all the public that would use that Park as that is a
viable means of gaining access from that cul-de-sac to the park.
Schroers: I think it would be
developmen!.
reasonable to include Pedestrian access...
Andrews: I think you're missing Lhe Poinl here. l.Je're not talking about
developing a trail. I didn't write your name dotln but if a citizen would
Iike to use an easement which already exists, they have a right to do so
I understand it. t,hat h,e're asking for is iust for now is where that
easement is. To say that we don't Hant somebody to use an easement that's
there, then I guess would imply that the easement should be vacated,
Schroers: No.
Andrews: DeveLopment is a seParate issue.
Schroers: ...City Engineer just Place the stakes for marking PurPoses-
I knou, they came Lhrough where I live and cut some trees and other things
to mark where some manholes u,ere...and that was on the end of the easement.
Lash: I can't understand tthy, from Iooking at it, why anybody tlould want
to move it. I mean you'd walk to the end of the People's yard and sort of
faII into a bunch of woods. It's a really steep hiII from what I sau and r
didn't so through their yard but from looking at the maP and stuff before,
you'd have to be a goat to.
Tom Schoenecker: Some of us are.
Andrews: I guess my personal feeling is that the least u,e should do is put
a melal stake that's visible at each end of the easement line and that can
be adequate. t^le don,t have to talk about developing of an easemenL nor any
unnecessary connections but I think at least...those neighbors shouLd be
aware of where this easement is located so Lhat there is no conflict or
difficulty between neighbors. And if we don't Hant the neighborhood to use
the easement, if that's h,hat our...ought not to be used, then I think what
we should do is look at the vacation of this easement and deeding it to the
property ob,ners. I think you've got to 90 one way or the other and be fair
Park and Rec Comm ission
January 22, f99f - Page
Heet i n9
20
to everybody. Not just the people that, who their property is directLy
adjacenL Lo the easement.
Hoffman: ...Jim that we battle in a number of situations...
Andrews: I know it's not easy but I guess I Iook at it, you knotr if it
r^Jere my property and I purchased it and I was adjacent to the easement, fguess I would say that it's my responsibility as a purchaser to be aurare of
Nhat easement's I'm located next to and to come to the Council and say,it's not fair because there's an easement on my property is not an excuse.
The easement was put there for the greater good and not necessarily for the
convenience of the one person who happens to live next to it. I think we
have to be fair to all concerned. I think we should at th6 very least, put
something Lo identify where this easement is so that we eliminate thediff ici.tlty. Development could be dealt with at a later time. !.le don't
have to make it easy for people to use it but those that wish to use itshould be aware of who's property they're on.
Hoffman: It would be something that I'm not, the City has not done beforebut I can certainly investigate that possibility. tlhat type of marker
would be placed there. tlhat type of permanent marker would be pl.acedthere. I do not know whether it'd be the City placing an extended metalpost is running into a liability issue as weII but exLending and installinga flush mounted type of marker of some sort is certainly viable,
Schroers: ...find a way to alert the residents where the marker is?
Hoffman: Again, it's an issue where Lhe easements are put there for apurpose for access to that park but traditionally it,s been two differentissues. The easement is there but then the discussion comes with a secondround of discussions come...when it is developed similar to a situationover in Saddlebrook to Butte Court. That's a situation ulhere you talkedabout the adjoining residents out of courLesy but then you also talk to aneighborhood thaf because the adjoining residents, because they have aright as well to use that public easement so it is a, it's a situation
where you don't want to make enemies on any one side.
Betty Lang: How many residents have you talked to...?
Tom Schoenecker: Oh there's probably, I think there's probably about 50 or70 homes up in that area. In Minnewashta Hanor I believe there,s about 35and these are the people that I'm concerned about and uJere concerned at thetime. r believe as citizens we have a right to know where that easement isand that's aII ue're asking for is to knour trhere it is.
Hoffman: But again to express my concern Jim, if you understand Iconcern that ue should be marking this easement and publicizing i!does not lead officially as an entrance to the park. Just havingto the border of the park and then you find your way into the parkthere on is in my opinion not the manner in which to approach that
have aif irit lead
from
Lash: ...from a I iabi I ity?
Schroers: ...just put in a request to the...to mark that eaesment?
Park and Rec Commission
January 22, f991 - Page
Heet i ns
2L
Hoffman: Liabilily and iL's an area of the park which is sensitive. It,sa steep grade. It's very treed in that area. Certainly you knou as anature walk area, to a person that enjoys that type of walk, he cantraverse that but for the normal person to be aware that that is an accessfor us to say that that is an access to the park and then they utalk throughthat backyard and come Lo the top of that hiII and wonder Hhat is takingpIace.
Tom Schoenecker: No, there really isn't a problem enteringgoing walking, it's nice if you can 90 in one area and then
come out the other way and go back home. Basica]Iy you getcirele route and Lhat's kind of what we're looking for.
Hoffman; . -.Tom I could certainly sendthe residents for whatever reason would
currently don't have answers for,
you that but thenraise some issues
t ha!
wal k
kind
way but in
around andofa
Andreus: ...I guess, I don't think this is a park issue we're talkinsabout here in the first place. I think this is a city clerk or city officeproject here. You're not talking about park land the way I understand it.It's City land. I r,rould think the information of ulhere the property is issomething.that is public information available at the City office. At thevery least, I mean if we can't, decide what we u,ant tonight, I think at thevery least you should do i.s request from the City Office for a detailedplat shouing where that easement is. I don't know ulho uould have Lhat, who
would designate if we're going to send out notices to the property ou,nerswithin the 5 houses...we need to do that but I think the city offices
should be approached to get the information initially.
mailing it out to
which we
Andrews: I think at least we should send something to the two property
oblners who are adjacent to that easemenL just for their own informationthat there was an inquiry about where the easement was located. For your
ourn information here's a copy of the plat showing where it is. I think at
this point maybe that's aII the farther we have to 90.
Schroers: Anyone else have comments on Herman Field?
Betty Lang: Hy name is Betty Lans and I Iive aL 263L Forest Avenue.I have one comment and I have one question. First of aII about the gate.
I understand your thinkins that it's not going to sLop anyone on foot but
what I'm concerned about are the cars once that's graded back there and
there's a parking area because just a! Lhe dead end we had a lot of beerparties and teenagers that bJere congregating and that was the reason I
wanted the gate. Second point it says in the letter that I received is to
complete the access road, Forest Avenue wiII be extended a short distance
from where it currently stops. Does thaC mean you're going to blacktop?
And if you are, are we 9oin9 to be assessed?
Hoffman: You wiII not be assessed. The portion
Avenue will be blacktopped but it will not be an
of the extended
improved road.
For es tIt will be
Schroers: I Has just going ask if there was a problem entering from theForest Avenue, from the dead end down Ehere?
Tom Schoenecker: Thank you very much.
an aggregate base with a...blacktop surface but no assessmenLs wiII be
charged to the adjoinins neighbors.
Betty Lang: How about the
about down the road if you
assessed for anything that
gravel road to the parking lot area?
decide to blacktop Lhat? Are we going
runs along our property?
Now
to
how
be
Hoffman; No. Not whatsoever. The gravel road which is going in to access -the park and the parking ]ot is being put in there. Initia1ly it's gravel
for cost saving measures. Tr,Jo to three years down Lhe line from an
aesthetic slandpoint as we]I as from a maintenance standpoint, when our
pubLic works crews are out doing street patching and that type of thing in
the spring, we'11 schedule that in as a work function to have that
blacktopped but none of that work, that would be in the interior of thepark and Lhat would be paid for out of the park development and acquisition -
fund -
Betty Lang: So we don't have to b,orry about Lhat?
Schroers: I think that you're concerned BetLy about the teenage parties
that are back there. one reason that they're back there is because it's
not developed and it's not an area that's watched or supervised. The more
that it gets developed, Lhe more often patrol cars come into the area, the
less of that sort of problem is going to exist.
Schroers: Is Ehere anyone else that we want to hear from on Herman Field?
Hoffman: Nobody here needs to speak. tlhat I'm ]ooking for tonight is
approval to move forward wiLh the project. Taking this to the City Councilfor their approval and then go ahead and have the specifications and plan
developed and then move on with the process to have thaL road constructionprocess bid and get the construction started. It will probably be in Juneof this year.
Lash: I'1I move...
Pemr ic k: I 'I I second it .
Park and Rec Commission Heeting
January 22, l99t - Page 22
Andrews: I have one more question. Is there a light plan for the parking
area there?
Hoffman: No there .is not. The extension of utilities which includeelectrical is not i nc luded -
Lash: 'It is going to be kind of a.-- f can see where it could potentially -
be a problem and I'd like to make sure thaL Hrs. Lang feels perfectly freeto cal.L and---we'11 know if it's a problem and Lhen bre can address it.
Hoffman: Parks in general have that stigma attached to them. They are apublic place where teenagers feeL fairly comfortable going to and if they
have access to them at times, Lhey wiII make use of them and we just haveto take the appropriate measures to try to curb that.
Hoffman: tle have one visitor. Kitty Sitter is here, She is the President
of the Chanhassen APT and the School District has some input into thisproject as well since the city center Park, the land comPrises both school
and city property. So basically the agreements over the Past on Lhe
development of that park have been verbal . The funding sources that are
available from both the City and the School District have jointly fundedprojects so we'd like to have the input of both the school officials.
Kathleen Hacy may be here tonight as uelI. She is the current Principal at
chanhassen ElemenLary School. As part of the 1991 caPital ImProvement
budget we did designate !E6a,ooo.OO in improvements for the City Center
Park. ReaIIy the only thing earmarked or lagged as Part of that !E68,ooo.OO
was approximately $4O,OOO.oo for the improvement or rePlacement and or
replacement of the playground equipment which is on the souLhwest corner of
the school . The remaining money is designated as general imProvements or
reconfiguration of the park items which are of keen interest to the users
of that park in which I've heard expressed over the Past 3 years are
improvement of the tennis courts ulhich have deteriorated rapidly and are inpretty deplorable conditions as well as the uPgrade of the hockey rinks
uhich are currently there and then basicallv upgrading of the facilitv in
itself. The splitting up of the remaining !E2a,ooo.OO minus the s2,OOO.OO'
the amount ule spent to construct this Park master Plan is r^rhat the
commission should make some sort of decision on. t,le have to move in a
direction on where you would Iike to see that money invested within the
park itself. As part of the most recent community center ProPosal , you
know from the site changes or design layouts, we're taking a Iook at to
increase the useability factor. The useable sPace which that Park has so
that included moving existing ballfields. Realigning Iines and that tvpe
of thins but it also involves some grading and filling uP on the north end
of the park where Kerber takes that bend right in there in that Iow area.
Then eventually the possible future acquisition of land adjacent to the
park in the norLh side so those are aII things which the commission should
think about as we deveLop ideas for a master Park plan which eventually
urill be used to proceed with future develoPment wiLhin Lhat Park.
Schroers: There's somebody outside Lrying Lo get in.
Hoffman; I was wondering why you guys go! Lhese big smiles on your face.
a rough idea of whatLash: I have a question....I
that t^rould cost. . .
assume you have kind of
Park and Rec Commission MeeLing
January 22, t997 - Page 23
Lash moved, Pemrick seconded that the Park and Recreation Commission
recommend that the City Council approve the necessary arrangements for
construction of the access road to Herman Field Park to be constructed inthe spring/summer of 1991 - AII voted in favor and the motion carried
unanimously -
DISCUSSION. CITY CENTER PARK }IASTER PLAN-
Hoffman: I wasn't involved in looking at it for the community center
aspect which appears to be approximately 3 acres. It's in an area uhere iL
would be most likely built into single family or multi-familv residential .
It's a high dollar piece of land. To take a stab at starting at the low
end at 15o.
Par k and Rec Commission
January 22, 799t - Page
Heet i ng
24
Andrews: At Ieast that.
Lash r I'm not trying to be negative. I think it's a good idea but.
Lash: But we, . .
Hoffman: If this became a priority and re wanted to budget
L992 fay it, ure could budget that but at this point I don,t
hig,h priority. It would just be certainly nice.
some
see
money In
that as a
Andrews: tlish I ist .
Hoffman: There you go.
Andrews: tlould you be willing to quickly 9o over again the items thatwe're looking at for the actual improvement? You talked about hockey rink,improvement of grade on the northwest corner. tJas that part of bJhat we'reIooking at right now?
Hoffman: No. That was part of Lhat area dourn in the corner. The Io!., spotwhere the trails connect there to the west of the tennis court. That wourdhave needed some grading and filling, if the community center proposal would -
have passed and then it would have changed the entire configuration of thispark. Currently other improvements, the baIIfieId would include smallerdollar items such as replacing the backstop- Improvement of the infield. -Those tvpes of things. Another small item which shourd be incruded in 1991is the reshingling of the warming house. Taking a look at the initialestimate, about $2O,OOO.OO to resurface ahd reinstall the posts on thetennis courts. Risht there those types of projects would eat up thatdol]ar sum. The play equipment is targeted at !E4O,OOO.OO. That soundsIike a lot of money for play equipment but you have the experience to knoulthat it's going to buy a nice strucLure but by no means is it going to be
overurhelmins for the number of kids r.lho r,rill use it - The hockey rinks werebuilt initially by our maintenance staff and they continue to upgrade them
and try to keep them in as useable condition as possible but as things
Hoffman: So iL's an idea that shouldn't be ruled ouL. It would definitely
be a plus to CiLy Center Park and to that major campus area of City HaII,the Fire Department, the School and that open space to have that additional
Iand, The person uho currently owns it has owned it and developed themulti-family housing there. As part of the dialogue which took place whenthe communiLy center was taking a Iook at that issue; was taking a look atpurchasing that Iand, he reallv would Iike to retain enough area shown onyour map there to build one more unit buL then he would be urilling to seIIus the other portion. So it's something to target in the master plan
pursuing that. You knoh, ue'lI just continue to feedback on land values and
what the situation is with that current owner and if at any time it looksfavorable to try to move in there and possibly acquire lhaL piece...ule
would certainly bring that information back to you.
Hoffman: It's just Iike, it fal]s into the ranking system. The Commission
never thought they could come up with the money for the Pheasant HiIIsacquisition but it became such a driving force to buy a piece of land upthere that we kept knocking away at it and eventually a piece waspurchased.
Par k and Rec Commission
January 22, t99t - Page
Heet i ng
25
Schroers: There was some LaIk about changing the formatsituation to make it a little bit more conduci.ve to snowproper maintenance. tlould Lhat be included in there?
Andrews: I guess I'm wondering what it is that
Perhaps you're asking for sPecific direcLion ofjust for a 9o ahead to come back with a Plan of
that we could then look at at that time?
of the hoc key
removal and
you're asking for here.
how to spend $8,Ooo.oo or
how various a I ter nat i ves
Hoffman: I believe what drove that discussion was the access Problem.
Maintenance reaIIy, currently they dump Lhe snou, every side which plugs up
any you know pedestrian trails around the outside of the rink where it's
tight so you have to cross rink number one. Go through a game or apractice or Nhatever is taking piace to get your Players over on rink
number tr.,o. The general issue there was how can u,e realign Lhese rinks so
you can access each rink seParately. The tough question there becomes one
of that the light poles are in and are permanent and they trould have to be
a major redesign and replacement of light poles there in order to rea).ign
the rinks so they would face more down to the uarming house. The oLherpossibility could come up with some design work to have a seParate access
altogether for the second rink and that should be taken a look at as Part
of the master park plan
Andrews: t^le've got $28,OOo.Oo to sPend then and about 168 things that we
have to do. !B4o,OOO.OO for Lhe playground and $2O,OOO.OO for the tennis
cour ts?
Hoffman: Yeah. The tennis court, again it h,as not targeted specifically
but it's, in my opinion, it is the highest, second highest Prioritv for
this ]ocation. The use that they receive and as well as the comments and
the feedback that we receive back from the users would say that that would
be the best investment right at this time-
Lash: ...we also talked about...under the master plan of.. -where the
ballfields are so r.re wiII be Iooking at that?
Hoffman: Yep. In discussions with Hark over Lhe phone, taking a look at
possibly where the track could be located in reference to those th,o
ballfields and uhere we can fit some additional soccer fields in and how
that design layout would work would be incorporated. That stemmed off of
the...major earih moving Projects which urould take Place. I don't think
ue're in a situalion to take on some Iarge grading oPerations to imProve
city center Park. Ue,ve already put in over a third of our budget in there
this year and it's getting a substantial investment but we don't have the
additional dollars to go ahead and do any grading. But as much redesign
wor k as we can get for the ballfields at a reasonable cost wiII be taken
into consideration as welI. In a mast€r PIan you should identify and bring
back concept plans that Potentially this is how you could reconfigure it in
years down the Iine to get betLer use out of your land.
Hoffman:are the
I'm looking for your apProval
the priorities in your oPinion
to go ahead
and then ue
and what you fee I
move forward.Yes .
ma jor ,
continue to ge! older, they need repair and eventually rePlacement as well.
Par k and Rec Commission
January 22, ,99f - Page
Heet i ng
26
Andrews: I was
next here.
just trying to figure out exactly what it is we need to do
Koubsky: I guess I think one of the maln priorities is, besides a tenniscour! and playground is the hockey rink area there. Chanhassen has reallyonly turo hockey ri.nks as I know it and for the kids lo have to cross onerink to get to anoLher is real restricting.
Andrews: Disruptive.
Koubsky: Yeah. EspeciaLly at game time. I can imagine how the schedulerfeels. I don't know what the best option is here. If it's a path to 9o tothe middle for access points to the rink and then they'd have to figure out
hotr to remove the snow differently. I haven't spenL a lot of time up thereyet. I think it's something I wiII do but I guess that urould be aninteres! of mine to do that hockey rink area.
Lash: Did you
warming house?
say Todd how much you think it would cost to reroof the
Hoffman: $1 ,OOO.OO.
Andrews: Now the warming house sits right betueen the two hockey rinks?
over by the City Center field.Lash: No. It's
Hoffman: The dark building there.
Andrews: okay ,
Lash: t^lell, that would certainly be money well spent to prevent futureproblems if we ignore that. Hor.l much do you think it wiII take to dosomething? tlhat can be done to the hockey rinks for !E5,OOO.00-$6,OOO.OO-
$7,OOO.OO?
Hoffman: Again we initially looked at the berming r^rhich takes place on thenorth side of the rink. It prevents a real accessible path alternate. Thepeople that use the rinks are so intuned to just skating out onto the openrink and zipping down a liLtle ice ramp there and right across to thesecond ice rink or hockey rink that it woul.d be hard to change. To remedyit, to remedy the problem in it's entirety you should shut off that sideaccess and then create an access on the north end inbetween the two rinkswhere they then could get into that poinL. you,d also have to take themaintenance access points over there as werl which is not real desireablebecause currently it r,lorks welI for the maintenance folks.
Lash: There's nothing that can be temporary that could be in place whenit's being used but be removed to access it to?
Hoffman: To maintain it?
Schroers: Is that somethins, thatsee what alternati.ves there could
staff could look at with maintenance and
be?
Hoffman: Yeah,
Par k and Rec Commission
January 22, !99f - Page
Heet i ng
27
Schroers: Ne could research that a ]ittle further and see if ue could come
up with something that might work at a reasonable dollar amount.
Hoffman: t^le certainly can. Those doorways or those entryways to the
hockey rinks are, you knou the boards are available uhere they iust drop
them in the slot and they can close it off. It's just a time factor that
they're never there so to have maintenance remove them and put them back in
every morning r.rould just be an addition to their time but it solves a major
problem in accessability and inLerruption of games, then you know there's
those trade-offs which you measure.
Lash: Are there games every day? Every nisht?
time, we don't have any gamesHoffman: No. Basically, at the current
taking place there, It's just practices.
Lash r On Saturday?
Ruegemer: It's roughly probably 2 hours, 4 days a week. 2 hours a night.
nothing real major -Possibly 3 on some nights but it's
Lash: I was just wondering,
necessary to puL the portion
that .
Andreus: Is
Lhe north of
if it wasn't scheduled, then it t"louldn't be
back in. Haintenance uouldn't have to do
Hoffman: Yeah. if you recall it was a request from
Lhe Hockey Association that initially you generated
alter or change the layout of the hockey rinks-
one
that
area could be
around to the
the persons in
discussion to
flooded to
other ri.nk?
of
in
the grade of the Iand such that an
the rinks where PeoPle could skate
Hoffman: Not at the time. Berms are there.
Lash: t^te]L, why don't we ]eave it uP to you guys to come-..
AndreuJs: Punt .
Lash: t^,el I , they're
don't know what they
best ones to come uP
Andrews: I have some more questions
that are shown here, are these heavy
summer long?
the ones who have to do it every
have to do to remove the snoul . . .
with some good alter natives .
dav .
They
I certainly
r.rould be the
Hoffman: Okay.
schroers: I think that they would appreciate that also. sPeaking from a
maintenance point of view, it,s kind of nice if somebody trill let you come
up with an idea that might work. Give you the freedom to at Ieast exPress
an opinion. It's kind of nice.
on the baIIfieIds.
use for the leagues
Are there 3
that He run
f ields
aII
Hoffman: They're heavy use for the Chanhassen Athletic Association T-baII 'RagbaII, Pee tlee leagues from Hav until JuIv 4th.
Park and Rec Comm ission
January 22, !991 - Page
l.,leet i ng
2A
Andrews: Are the monies we're looking at here, are these monies that
be in addition to our regular maintenance fees of keeping the fields,
know the grass green and in useable shape or are we Iooking at things
need to be done to keep Ehese in the inventory?
would -you
t hat
Lash: Are we looking at losing a season?
Hoffma n :No.
you're not talking about ripping the whole thing out andLash: So
reseedi ng?
Hoffman: Thal's cor r ect .
Schroers: Does the lady from the school have anything that they uould liketo add? I had difficulty hearing that time.
Kitty Sitter: Do you haveLhis sort of project?a timeframe? Do you know when you might start
Lash: Do you have a preference Kathleen?
Kathleen l'4acy : [.,1e knou bre u,ant some on the south side as uel I as the northside. The south side is uhere our older kids play and there's nothing outthere. tle want a basketball hoops, at least a half court. If ure couldhave one, maybe turo where you take on the whole length and then four squareareas because kids use them all the time. During school and it,s somethingthat they can use that's good play for them. I don't know how far over bre90 but Lhat would depend... Do I have a preference?. ..but I don,t uant abasketball on the north side because that's urhere it was before and thekids r.reren't the problem. It was the cars and the vehicles that came...They backed into the hoop and it got bent.-. t,e're willing to do almostanything to...make it better for the kids that are there every day and thenin the summertime use is great too.
Lash: ReaIIy what I meant was as far as the actual work asinstalling the playground equipment and aII of that. tJould
far as
it be...
Hoffman: No.
Schroers: I don't actua]Iy. I would hope that we would start as soon asthe frost was out in the spring and ule could get the equipment in to work.
Hoffman: tJith the size of the project being that we need to bid, requireproposals for a $4O,OOO.OO play structure and ule need Lo. . .r.,hat type of
components shouLd go in there and once those types of...is know, then going _out to acLual suppliers and... tle need to speed that process up and get itright on line so in the month of June or the month of Hay is what sits inyour mind aII the time.-
Kitty Sitter: It just makes it a little easier when you have an idea so wecan keep the kids away from that place...blacktop that area as urell so that
wou.Ld be another site..- Remove the one on the parking lot on the northside . . .
Par k and Rec Commission
January 22, !997 - Page
Meet i ng
29
Kalhleen Macy: . ..after the kids are out r.rould just make it safer becauseyou're going to urork during the daytime...so we have to put them out to theother end. It makes it easier for us if you start with the planning andthen the day school is out, start digsing up the field and taking out...That's the easiest but we can work around it Jan. This is such an
advantage to the kids that. . .
Hoffman: In the current time schedule, I don't foresee that we, it would
be a far shot to be anywhere a month ahead of that schedule so I'd adviseto go ahead and wait until school is out and then start the work.
Lash: I just don't want it to drag out unLil school starts again.
Hoffman: No.
Kathleen Macy: How do you see the south area construction fitting in to
what you're. . .
Hoffman: They're luo separate projects totalIy. The stipulation which are
attached to the north playground project is the funding prograrn and the
Development Block Grant money for the 1991 fiscal year which I believe
becomes available in June so we don't even know...funding source until
June. obviously some of the planning can start prior to that. t^lhen we
receive that confirmation Lhat the funding is there, we can go ahead but I
would see that following somewhat behind the other projects that could
star t .
Kathleen Macy said something which wasn't picked uP on the taPe.
Hoffman: No, I would certainly like to comPleLe both of those Prior to Lhe
start of school so u,e can have some sort of grand oPening.
Kathleen Macy: Both playgrounds?
Hoffman: Both playgrounds, correct.
Lash: I had one question...basketball and she asked something about
the...and she was wondering, that ulas a Pretty busy spot during some of the
T-baII and RagbaII people Parking there and she's wondering where...
Hoffman: I had a meeting with the city Manager todav. 1.,e sPoke about that
and the signs come about Part uay down, No Parking signs and I'm not
totally familiar with the situation. If it's been no Parking alwavs orjust during school . Oo you know Kathleen? And the parking Iots are fuII
you know during that time period. It's a two month time Period. I'm not
sure if the road, Coulter Drive in front of the Citv HalI is absolutelv
full during that time. The situation being, if vour Peak Periods for
parking, you have overruns but they can't be so substantial that it's such
a headache to find a parking spot and then the rest of the time the parking
is sufficient so u,e don't r,rant to go ahead and pin point an area to
blacktop inside the park if r.re don't have to. The most aPProPriate area
r^rould be just inside the back parking lot. To take another swipe at that.
That would take out the one ballfield which is there and u,e'd have to move
it to some other area which we currently don't have. It's so convenienL Lopark on Kerber, that's why they do it. I'm not sure if the school Parking
Park and Rec Commission
January 22, f997 - Page
Meet i ng
30
loLs are fuII or filling up during that time.
Lash: The south one does...but r^rhy would the no Parking signs go up there?
Hoffman: oh, for the school crossing zone?
Lash r oh I
Hoffman: To go from the school path across to the aPartments and Lhen
eventually to lhe other units urhich go over there.
Lash: So is it possible to establish the no parking only during school?
Hoffman: There are strict State guidelines which go t^rith those school
crossings, I'I1 have to speak wilh the engineering department on what
those guidelines are.
Schroers: Let's...proposal to go ahead with the Lennis court.
Hoffman: Sure. Just need your approval to 9o ahead and start the
invesligaLion for completing that project.
Schroers: Okay, and do you want this in a motion form?
Hoffman: Uh-huh.
Andrews: Do you need this to be just a motion of priority? You knou, A, B
C, D, E? Is that u,hat we're Iooking for here?
Hoffman: IL sure can be, yeah. An overall motion of approval . You cangive me the complete go ahead or you can set some guidelines in there.
Schroers: What are you looking for Lhat you don'! have up to this point?
l^le've got the tennis courts and the hockey rink and shinglins the roof forthe skating rink.
Hoffman: That's 9oin9 to spend the money,
Lash: More than spend the money.
Hoffman: Yep.
Schroers: Okay, is someone interested in entertaining a molion to thateffect?
Andrewsr I move that we allocate and prioritize with the tennis courtsbeing first, the improvement of hockey rink and roofing of the warming
house being second. And that the playground and other equipment beingproceeded wiLh as originally planned before.
Lash: Should we put the shingling?
Andrews: I talked about that.
Par k and Rec commission
January 22, f99L - Page
I.'leet i ng
31
Lash: Yeah but
then whatever is
Andrews: I would
should that
Ieft over
consider
is there a
be separate from the hockey? The shingling and
goes to the hoc key?
that a friendly amendment.
seco nd?Schroers: Okay ,
Lash: Second.
Andrews moved, Lash seconded to recommend that the following imProvements
for the city center.Park receive Priority in the order Iisted: PreParationof master park plan, installation of play equiPment, rePair of tennis
courts, shingling of warming house and work on the hockey rinks. AII voted
in favor and the motion carried unanimously-
Lash: t^lhen do you feel tha! you'll be coming back?
Hoffman: Next meeti ng .
Andrews: Todd I wanted to mention, I mentioned to Wendy that last year we
had quite a delay betr.,een the time of ordering equiPment to receiving it.
I hope t^re can do better this year. tJe ordered it, I think it was in Harch
and didn't get it until mid-summer and hoPefullv we won't have that--.
Lash: That is the standard delivery time though, 5 to 8 uleeks.
Hoffman: It depends on when your order goes
March, April gets to be their busiest time.
around is standard on Playground equiPment.
pushed forward.
ln.
About
So we
Obviously February,
a month and a half
do need to get that
tur n
ant tTH I nY S LAKE ErrlAT AN'F SS-S rYE ANh NE,AY NAGE <Tt thY
Hoffman: Alons with the report, you did have the aLtached study itself
that Nas prepared by Van Doren-Hazard-StalIings. This study was initiated
originally sometime Iast spring by the engineering dePartment dealing with
the drainage issues that were occurring down at South Lotus Lake Park. How
to correct thosd problems. The park never inilially developed into the
facility that it should be. The grass never greH ProPerly. The storm of,g7 or '88, r.,haLever it was, came in and wiped out the retaining structure
at the bottom of the park itself there and Lhen the drought years never let
the vegetation establish so the engineering dePartment took a Iook at this.
Started working with Scott Harri from Van Doren-Hazard-Stallings in getting
a plan initiated. At that time it was anticipated that the funding
sources, the outside funding sources available there to do the soil
correction, service grant and lhen the environmental trust fund uould be
sufficient dollars to comPlete this project. But taking a Iook at the
extent of the measures ulhich were necessary !o correct the problems uhich
were taking place there with the additional runoff coming from the adjacent
developmenis and those types of things, and the drainage sgructure, the
flow rate not being correc!, the dollar amount started to build and as the
study indicated, their total was !E4o,587.Oo is projected to correct the
problems which currently exist and then to get that park looking into the
state lhat we aII wish it would be. As stated, this park was not addressed
as part of the 1991 budgeting. t^,e did not talk about an additional
Par k and Rec commission
January 22, 7991 - Page
Heet j. ng
32
!r2o,ooo.OO being spent at South Lotus Lake Park for this project. I was
aware of the project prior to the budget discussions but again at that time
the project was fully in the hands of the engineering department and I t{as
not kept abreast of the funding situation uith the transfer of my position
and then as weII the leaving of Gary l.larren. Scott then cal]ed me one day
and said, you know ure need to move forward and talk about how this project
is going to progress. t,e met with the City Manager and discussed the
funding options so it is my recommendation that He go ahead and approve the -alLeration of our 1991 budset to include a maximum $2O,OOO.OO for thisproject. The initial budget figure of $4O,587.O0 only necessitates that re
spend rl11,4O9.Oo initially but would be such a project if there's any addon's or additions as u,e get into the project, it could be necessary to
spend additional dollars so we just need to have those available for that
type of project. Scott is here and can address any specific questions you
have on the study itself or how it has progressed over the past 6 or 7
months.
Schroers: tjelL, it just so happens that I recently attended a Clean tlater
seminar and there was a ponding section and it was maintained that most oflhe ponding that goes on in municipalities, it's basically just a hole dugout for waLer reLention. It's the feeling of the people who were putting
on the seminar that the configuration of the pondings were changed somewhat -to represent more of a funnel shape, the actual hole for the water. If it
was deeper in Lhe center but then coming up and expanding out a little bit
more and be more gradual so as to promote more ulater vegetation. PlantIife which would help to purify the water and also it tends to make thearea more aesthetic and develop a smalI area for r^rildlife around theponding and it's also kind of a safety factor in that cattails on marshy
areas are kind of a deterrent for children and also that they shallowness
around the edges which promotes the plant life and the growth is also saferfrom the aspect of a kid falling in to a deeper, steeper area that her,:ou]dn't be able to climb out of. Are any of those considerations in your
current plan to redo it?
Scott Harri: f guess I can concur whole heartedly I guess with yourperception and the information you received regarding what might be thebest way to design these types of storage facilities that both, I guessclarify the uater to a certain degree and also provide for a buffering ofthe rate of flow and so we don't impact downstream properties. Most of the -time in urban settings, jusL Lhe physical constraints of the property andthe space involved, you know people design these ponds with I guess the
maximum...you can put on things jusL due to the constraints of land and the -developable property. In regards to specifically your question, the Iowerpond provides I guess for the best opportunity to achieve the cattailgrourth. The slower and flatter sloping areas and what exists right now aspart of our proposal is the north half of the pond from Hhere lhe inlet
comes in from the upper pond and the storm seurer system toward the lake, wepropose on providing a boulder type urall along there to improve theaesthetics and to reduce the amount of maintenance required of r.leed cutting -and things. and as far as the bottom, we're not really changing any of theflatter areas. The area to the south or Loward the hiII, that area right
now has a lot of cattails growing in it. t^le propose really not on dredging -or taking any of that sediment material that's built up there. It's got
some good nutrienL and it does remove effectively a cerlain portion of thenutrient loading that does come down with your smaller rainstorm washings
Park and Rec Commission
January 22, 7991 - Page
Meet i. ng
33
so it is kind of providing for both but it doesn't Provide it entirely
around the perimeler of the pond itself. So we're going to get some waterquality improvement and they perhaps pointed out at the seminar that the
most harmful storm water event is when you have the lisht drizzle. The
first Little flushes of stuff tha! c.Leans the street and gets in the storm
sewer. That's where the most heavy nutrient from fertilizers and other
things, road salts and stuff get in there. It's not your real gully
washers that lend to cause water quality problems. Okay. Because even the
smallest rainstorm collects the sediment and brings it down to your Pond,
and those happen quite frequently so it's the frequency of these events and
having these shall,ower or flatter slopes makes a lot of sense. And this
informaEion is evolving just everv vear. There's more studies done on
urban ponds. Should they be deePer? tlider? HoN much time vou tlant the
uater Lo sit in there so you can settle out the sediments so it's something
that's not a science. It's kind of imPerically deveLoped over time but I
would agree wholeheartedly and I guess half of the Pond is going to serve
the purposes that at least we're finding out in the seminar you went to.
Andrews: I just had a general comment about the ramP. I use it a Iot
myself. I'm a sailor and I9o over there Probably average almost once.a
week and have a good idea of the kind of traffic vou get. In the diagram,
in the parking area near where it says Area *4' that's the area where
people when they come out off the ramp wiLh their boat ' thev usuallv tend
to puII off to the side, tie their boaLs douln, Put covers down and so
forth. I think you need to exPand an area and also curb it to keep PeoPIe
off the grass there. That Particular grassy area gets comPleted destroyed
and I think you have to make sure that people know first of aII where they
are Iimited to with Lheir vehicles and secondly, to make sure they are
provided enough space so that one Person can PuII off and Secure his boat
to take up the road while another Person would tend to back in there so
maybe you,ve already allowed some additional room in there from previous
but it is tight.
scott Harrir I'11 just put a little thing on the overhead here. I think
you bring up a very good Point. our sPecific ProPosal would be in this'
we,re talking about this queuing area where PeoPle tend to tie uP once they
puII out and right now people are driving on top of this grass island area
and it's becoming pretty thread bare if you wiII from lack of any better
term. Not a lot of vegetation there and what u,e're ProPosing is to curb
this area in front of this island and put a berm in here. A Planting berm
along with putting some of the salvaged riP raP from this berm area down in
this island area here.
AndreHS: There are actually PeoPIe
r isht . t^lhat peoPle tend to normal Iv
Iike this, pulling off to thepuII off over here.
gorn9
do is
Scott Harri: Right here?
schroers: tlhy are they doing that Jim? Just so other People can get
around them?
Andreurs: Yep. Going off in the grass there and it doesn't survive very
t^reIl.
Par k and Rec Commission
January 22, f99l - Page
Meeti ng
34
Schroers:
toP?
versus going up the hill and putting Lheir sLuff together uP on
Andrews: t,lelL some boats, you know outboard motor boats or inboard/outdoor
boats or heavier sailboaLs, it's dangerous to even take them uP that little -hi]l until they're secure on the trailor. You can lose a boaL off of a
trailer even up a trip that small so, and most PeoPIe tend to Probably do
9OZ of their tie dor^rn right there on the ramp and lhey do tend to pulL off
to the right and I think we have to provide either enough room for them to
do it adequately or to make sure they know they shouldn't do it there and
provide another space for them to do so.
Koubsky: tJhat's the south area on Number 4 used for? Is Lhat just green?
Scott Harri: Yeah. Risht now it ruas intended as a secondary collection
for storm water runoff and it was hoped at one time to provide for someadditional ponding and storage in that area and it rea]Iy didn't bJork outfeasible from how fast the waLer kind of comes dourn that hiII. It's more
of a nuisance and a maintenance hassle down there. Maintenance, when we
met with lhem in conjunction wiLh developing our recommendations, was infavor of paving that area doun there. Just blacktoppins it risht across
and ue felt that maybe a middle ground of using the salvaged rip rap fromthe berm . . .
( There Nas a tape change at this point in the discussion, )
ScotL Harri: t^lell yeah. I think it misht be that you can only look
forward but I Lhink it r"rould behoove us to look at the development contract -Lhat came about in it's final form to see if there r^ras some provision inthere for some cost sharings or for some rehabitation. The fact thatthere's problems, the biggest challenge uras...by the facL that. just as anatural course of the design and development of that upper pond where theparking lot was, that He were able to store most aII of the additional
runoff that came through the Bloomberg development by just Lhe physical
size of Lhat existing pond and putting in a smaller say outlet pipe from
that pond. So lhe impac! !o the City was in the destruction caused during
some of lhese heavier rain storms in'87 and '88, 'a9, '9o type of thins
and Lhe erosion and Lhat kind of stuff. NoN with this improvement, Lhere's -
Andrews: Yeah. I think a person's natural instinct is to puII to the
right to geL out of the way and let somebody else puII in.
Scott Harri: There's about room for 2 cars and trailers to pull off on the
right hand side. About. You knoul you get somebody real long that doesn'tpulI up far enough, Lhen it creates some probl^ems but in general terms
there's almost space for 2 cars to tie down which is just enough for thaL
one person's tie down...somebody else is pulling out. And I've been there
when it's been real busy and it's a zoo doran Lhere. You know PeoPIe are
trying to launch while people are coming out at the same time. But you're
right.
Schroers: Is there a boat launch that isn't a zoo when it's busy?
Lashr So we urouldn't have any recourse back to the developer who's
essentially caused a fair share of the problems isn't it?
Park and Rec Commission
January 22, !991 - Page
Meeting
35
a minimum cost to go
is be j. ng mitigated.i mpa ct now
Lash: But if lhey
even better?
had to pay the $2O,OOO.OO instead of us, that would be
Scott Harri: That would be better, yes. Exactly.
Schroers: It uould be quite difficult to put language into a contract Iikethat and get a reasonable contractor to bid on it if he had to assume Lhecost of something that he couldn't control Iike a major rain storm causingthe erosion. I mean if you're going to throw that back on the contractor,you probably trouldn't get people submitting bids on something Iike thaL.
Hoffman: The arrangement to initially acquire the ]and for South Lotus
Lake Park dj.d include a su,,ap with that developer. Suapping Lhe piece fromnorth of North Lotus Lake Park, which we owned, for the piece for the boat
access as weII so there uras sorne cooperation on the part of the developerto meet the City's needs and request so there's that aspect to look at aswelI.
Lash: The other thing I'd be interested in is, you have an est.imated timeIine that begins saying if everything went just great. and I guess I'd be
somewhat interesLed in us taking the direction of trying to set some kindof rea.l"istic time lines of completion because I tend to get frustraLed
when I see projecLs dragging on. I now some things are out of people's
control . If it doesn't rain and seed doesn't take and all that kind ofsluff but I had some frustration with the compleLion at Lake Ann. It
seemed like j.t Look a Iong time and Lhere Here a lot of delays.
Hoffman: You're speaking specifically on the contractjob ilself, the time line? Okay.
for the construction
ahead
So on
and
the
ma ke
one
these improvements and their
hand they added a Iot to the.
Lash: Jus! so we have a litt1e more accountabiLity. t.le knour there
end and just to kind of keep everybody on track. And then I looked
Iandscaping plan and I think it looks fine but I'm not a ]andscaper
guess I'm a IitLIe gun shy about putting in lots of trees and shurbsjust want to make sure it's not over kill and done tastefully.
Hoffman: Scott's comment is that the area to the west has been
extended over time. Brushed it out a little bit so we can move
down and gain a ]ittle bit more space over time but keeping the
of that area and not planting a tree right onto that waterfront
Andre(sr As far as Lhe Iandscaping goes, right doutn on the lake frontage
near Lhe boat ramp we've put a couple of picnic tables down and when PeoPIeare pulling their boats up on the sand. You knou uhen they're not taking
them out of the water but when they're coming in for a break or whatever,
there's not enough room doun there for thaL really, tlhat I use is a
sailboard down there and there's only room for Iike two guys to pull a
sailboard up on the sand and then there's the bush and the trees are right
there. I guess I'd say that maybe we ought to Iook at less ]andscaPing
right on the water rather than more. Especial.Iy to$,ard, to the northwest
side of the ramp there. It's heavily brushed and not very useable and
that's where the picnic table was at least.
ts anat the
and IsoI
kind of
the doc k
shurbs out
area is
Park and Rec Commissron
January 22, 7991 - Page
lleet i ns
36
Schroers: In termsparking lots , isn 't
Plymouth, if you 'r e
islands per so manyplanling in iL.
of .Iandscaping and shurbs and planting and islands and
some of that even Code? I know that in the Citv of
going to build a parking lot, you have to have so much
square foot of parking and there has to be some kind of
a
in
we
Scot! Harri: The size of the islands and percentage of green sPace within
the parking area is, at the time the uPPer parking Iot tlas develoPed met
the City ordinance and was only through the budgetary constraints thaL a
fuII landscaping package that you're seeing in your Packet right now was
originally proposed but was cut back lo a minimum to satisfy the bare
minimums at the time the proiect was initially constructed. t^lhat Lhis
proposal does is it restores back to what this commission originallv
approved back in 1985 .
Schroers: Is there anything in here that anyone sees that they're not
happy with?
Andrews: one more thing. I know it's getting Iate tonight but on Lhe
upper parking Iot it shous the Norway Haples and the two islands in theparking area there. 'I would suggest those be removed. There's so much
pressure up Lhere for Lrailer parking space now, I guess if those were over
hanging and created any impediment to parking, you're just reducing
available space to park and it typically is fuII by noon on Salurday as it
is. So if a person were to be concerned about a tree over hanging even 2
or 3 feet, that urould probably eliminate one spot.
,0 t.oaa Harri: Sap and aII that stuff.
^t'1,,{u,/ Andrews; Yeah, sap too on cars or boats.ut/
\ .56rt+l,arr-i+ A quick landscaping observation. on the lower bottom you've
got 6 Seedless Green Ash that evidentally the city has in their nursery. I
don't knor,l if lhe City has any pine trees. I was just wondering. There's
tNo houses up on top to the south there that have to Iook down on this andI hotice Lhey have decks and what not. Is there one reason other than thecost that pine trees ueren't considered because eventually that urould blockthis whole boat access off from their view off their decks. I don't knoxif they ever had any input on the aesthetics of lhis park or not.
Hoffman: Sure- Yeah they have in the past. Those were put in there ascost saving measure. Ihey are available. The pine trees which ue haveour nursery are about this taLl and so that's the reasoning for it. If
would plop it a 4 or 5 fooL spruce tree, He'd be looking at additional
couple lhousand doLlars at least in there..
Schroers: There's been a lot of concerns and a lot of questions and fthink that that's really good but it also sounds like most of them have
been answered sufficiently and it appears to me that a good amount of
effort and good planning has gone into this and I don't see a reason not to
approve this, Is anyone willing to make a motion?
very adviseable. It's just such a tight location and there's a lot of
acLivity there.
Lash: Do we want to, I'm assuming that some of Jim's concerns Nere put
down and they'II be added?
Hoffman: Yep. Added or subtracted from the final plan.
Andreus: I trould imagine that if that steep slope on the upper lot had to
be changed, that would be extremely expensive. If that were to be thought
necessary, I guess I ttould like to see this come back to us. Other thanthat I think most of the other items are fairly minor in nature.
Hoffman: If we can take a Iook at Lhat and if that could be incorporatedwith parL of the 7 Lo 2 year grading project on the lower level which isgoing to be to decrease that slope, if this potential problem could be
solved in that same vein-
Andrews: Maybe it needs nothing at all. I'm not an expert but if it would
need to be changed, then it would be probably add a considerable amount tothis project. I woul.d be willing to move that we amend our budget for theproject as it's suggested with the minor modifications .but I guess I would
feel that if the additional cost of a retaining nall system is needed on
Ehe upper parking lot, I think I would prefer to have that come back for
further budgetary consideration.
Lash: That r^rould almost have to wouldn't it? It'd be a whole differenL.
Hoffman: Project.
Schroers: okay Jim, is that your moLion then?
Pemr ic k: I 'I I second it .
Andrebrs noved, Pemrick seconded to recommend approval of the South Lotus
Lake Boat Access Site and Drainage study uith the noted changes and to
amend the 1991 Capital Improvement Program to include exPendituros uP to
t2O,OOO.OO as the Park and Recreation DePartment's share of the Project.AII voted in favor and the motion carried unanimously.
LAKE ANN PARK COI,IT,I NT TY PARK SHELTER -
Hoffman: Again another Capital Improvement item which has been floating
around for a number of years and has been discussed and Plans have been
taken a look at and those types of things. It is a proiect which was
discussed as parL of the CIP. CiLy Council aPProved it and now we must
move forward with the plans and the design work which needs to be completedprior to the construction sometime in the summer of 1991 . The attachments
you have availabLe to you are the initial sketch Plans which were done aspart of discussion approximately 3 years ago. 2 years ago. 2 to 3 years
ago and then as wel l a site location map r.rhich shor.led a ProPosed picnic
shelter location inbetueen the lower parking Iot to turn around and then
down to the beach area. Minutes from the tiar ch 27, 1990 Park and
Recreation commission meeting are also attached. That is the last time the
Park and Rec Commission tleeting
January 22, l99l - Page 37
Andrews: Yes.
Schroers: okay. Can I ask for a second on Lhat?
Par k and Rec Commission
January 22, \991 - Page
t'1eet i ns
3a
Commission addressed this issue urith some concerns over the rental
operations and storage and what specific facilities would be included aspart of this project were discussed. Those types of discussions should
continue tonight. t^lhat I'm ]ooking for'is some specific recommendations on
what type of facilities, what the exact make-up of the picnic shelter
should include. The running u,ater, restrooms, bathrooms, concession area.
Those types of things. Then we'II take thal information back and Hark or
Van Doren-Hazard wiII bring back an updated version of this plan and thenure'II 9o through that and take a look and see if that meets the needs andthe u,ants of the commission and then go further ahead r^rith the approval atthe Council level and then on Lo the construction process.
Andrews: I think what you're asking for is, there's about half a night's
worLh of wor k here.
Schroers: You know a lot of this
here for one meeting I recall. Irental and so forth. t^lendy, were
Pemr ic k : Yes .
Lash: I was not here that night.
Schroers: I think that ule have laid a lotI don't know how much we need to change itspecific Todd?
we have addressed before. Jim, you were
remember the discussion about the boat
you?
of the ground wor k
You just u,ant to
for
9et
this and
mor e
Hoffman: Basically we do have some, as these projects tend to carry on, Ijust want to reinstill in my confidence of what it is exactly we want. Ifyou haven't changed your mind. That type of thing. Just to freshen up
everybody's opinion and attitude on the project so when we go forth t,ith it -we have accurate, up to date information. So yes, tonight was a lengthyagenda. This is an item r^rhich is, it's a major capital improvement and wecertainly want to do it, addressing af1 our concerns but we've gone over itin the past. Ne've talked about the lifeguard station. The rentalequipment. The potential for storage. But then no, we can't have storageinLo this buildins because of Lhe cosL factor. tle could sLore the rentalboats up at the maintenance building. Obviously u,e want it to beaesthetically pIeasing. tlhat type of materials potentially do you want totake a look at? If we run into cost restrictions, should we take out thefireplace or do you think Lhat's a real major item and those types of
concer ns .
Schroers: Instead of jumping back and forth
why don't we start with Iike the upper floor
some organized form so we can get through itit in a reasonably efficient manner so we're
evening but we still get our bases covered.
and going all over the p]ace,
of the building and do this in -and hit all the areas and donot here for the rest of the
Lash: As far as the fireplace goes, which would
thought we had talked about an outdoor fireplace
earmarked funding from the Lion's or someone for
Hoffman: I'd have to revieu discussionshelter but I recall that, yes.
be on the upper floor.
and we had already
that didn't we?
I
previous to this on the picnic
Par k and Rec Commission
January 22, 7997 - Page
l'1eet i ng
39
Lash: I believe there was !E2O,OOO.OO coming from the Lion's? tlell
decided to put a plaque on it and everything. Is it bringing back
memories? I do remember that so I r.rouldn't feel comfortable unless
talking about a fireplace inside and outside. ft ulas a decision to
that money for.
we
you're
use
Hoffman: From Lhe Chaska Lion's gambling fund. Okay.
Hoffman: Changing it?
Lash: Yes. Scrapping that whole idea.
Hoffman: I'lI go ahead and review that. Take a Iook back in the Minutes
to find out exacll.y what that al] entailed.
Lashr t^lell from reading Lhe discussi.on Iast year, it sounds Iike it uas
pretLy thoroughly covered and I wasn't here but I guess I nould say the
idea was Lo make this somewhat simple originallv and with onlv $110'ooo.oo
it's not going to end up being very fancy. I can't imagine that it would
be for Lhat amount of money so if we have a concrete floor Lhat can be
hosed off by the maintenance guys when it needs it and .if we can afford to
screen it in. I don't even know if we can afford to do that but if it ulere
built in such a fashion that we could eventually screen it in or eventually
glass it in if we ever wanLed to do that, I guess that ttould be something
to look at. And as far as construction, I think w6've tried to stick with
a real natural Iooking things in that park. A lot of the plavground
equipment has been timber style things and something that we ulould want to
stick with that. . .
Andrews: I see
don't do a weI.I
Hoffman: Correct.
Andreurs:
waLer -
here the necessity to driLl a weII. Does that implv if tle
we have no water at the site?
Okay. I don't see how we could have any concession area without
Schroers: You're not going to have a
water either because in this tyPe of
everything gets spilled on the floor.
you don't have some brater to clean it
short time.
Schroers: I think that's certainlv feasible. It's
sophisticated we're going to get with the Plumbing
we're going to have shot^ler rooms and aII that sort
drain I think would be fine. Otherwise vou'd have
very weII maintained facility t^,ithout
a thing, it's an open atmosphere and
Beans, watermelon, r^rhatever and if
up, it gets Iooking PretLv bad in a
Lash: t,hat about the idea Larrv in your oPinion' vou work with this
all the time but could we put some type of just a floor drain sysLem
so you could hose it and it would go douln that instead of running of
over or uhat would be the best?
stuffin itf aII
just depends on how
in the building. If
of stuff, then a floorjust a border and just.
Lash: It Nas on a letter saying I think He u,ere going to do that so I
wouldn't fee] real comfortable just all of a sudden.
Par.k and Rec Commission
January 22, f997 - Page
Meet i n9
40
Lash: Like a gutter?
Schroers: Like a gutter and just flush it right out or into a corner and
clean it up and put it in a can with a Iiner-
Andrews: I have another question that pertains directly to this. There is
no available ser.rer hook-up on this property?
Hoffman: No.
Lash: So we can't have toilets?
Andreurs: l.le can toilets but what I'm drivins at here is drainfiel.dcapacity. If you're going to have drains that you're going to hose intoplus showers plus balhrooms and so forth, we're looking at a Iot ofdrainfield.
Lash: There wasn't ever showers was there?
Hoffman: No.
Andrews: Okay. No showers. Pardon me. But I think thateliminate the ability to have a floor drain as a method of
would generate a tremendous amount of water volume for the
handle .
would almost
cleaning. That
drainfield to
Hoffman: Depending on u,hat grades you have and what elevations your
existing systems are at, if you can have it run. Otherurise you need toinstall a pump system buL the pipe for the water is something of thisnature so it's smaller so the installation could be feasible that way.Then you would not have to pump the seh,age system as frequently. Othert,iseyou'd just install a very large tank which fills up with both solid andliquid waste and then you pump it periodically just as an enclosed system.
Andrews: Sounds I i ke we 'resystems Iike that-spending money guickly when we talk about
Lash: Just see if I
running pipe all thethe sewer?
understood this. You
u,ay over to the other
of the options would bethe Iake and hook up Lo
say oneside of
Hoffman: That's correct. The drainfield or the treatment of that type of
sysLem, the sewage system here is still being investigated. The location -is Iow enough and adjacent to the lake that a drainfield cannot be locatedin the area between the shelter and the lake. It just r.,on't meet seLbacks.If a drainfield concept u,as used, we would have to install a pumping system -to pump that back up the hill and then back doun inEo the drainfield. Theother situation being that there are urays to have the water effluent runoff the top and then be piped into an existing sewage system around theIake at the Greenh,ood Shores where it can connect up into that area so you
still have a septic system type of system which is pumped periodically butthe Nater effluent runs off the top and heads out so there's a variety.
Schroers: It goes into like a catch basin or something and then runs intothe existing system?
Par k and Rec Commission
January 22, 7991 - Page
Meet i ng
41
Hoffman: The closest sewer line and what that would entail, you know notthe solid Naste but just the liquid that runs off the top of a septicsystem. You know everything sihks to the bottom and the effluent runs tothe top and then to pump that porLion of it over to the closest existingseptic system or sewer.
Schroers: tlel] I think we're getting a littl.e out of our area here anyway.I think this is the sort of Lhins that the engineers are going to have todecide what is going !o be lhe best h,ay to handle this. But basically how
many people are we trying to accommodate here Todd? Have He given any
thought to that?
Hoffman: At Lhe last
40 to 50 in the upper
meeting I believe ule spoke of, threw out figures ofpicnic area.
Hoffman: correct .
Lash: In the discussion before there was a point I believe where Larry or
maybe Lori, I can'L remember. Somebody had said that you are the one who
formally deaLt with the request for different facilities and asked if you
wanted Lo address iL now or Iater and you said later. This is it. t^lhat
are lhe kinds of things that are requested the most? That's what we need
to knour.
Hoffman: tle Lalked about lhe group Picnics. The number of, we've
designated Lwo areas at Lake Ann. Parkview, which is uP at the toP of the
hiII near this location and then also Lakeside which is near the ]ocation
doun in front of it. They're being used on a weekend to uleekend, they're
booked solid for lhey're for grouPs uP to 250 PeoPIe so obviously h,e can
only serve a small grouP of PeoPIe so to address it it's going to be a
popular location for group Picnics, family gatherings, weddings ' that type
of thing and it wiII be extensively used so we need to trv to develop iL to
such a degree that it can be feasibily used. You need !o have water,
electricity, those type of things. Beyond that you don't have to ge!
reaIly elaborate ulith carpet and Paneling but you need to have the basic
functions available there and it's going to be booked consistently.
Lash: That would have to be really expensive wouldn't it?
Hoffman: You know the size of the pipe just to drain off the u,ater is nota real huge, it's a smaller pipe so the dredging in of that is not a hugeproject.
Lash: l,Jere you talking about electricity up there?
Schroers: So you Nant to design i.t t^,ith hard use in mind? Do you see the
Hay the faciiity down at Lake Susan has been treated and every day I see
the way our facilities are Lreated and we urant to build it to withstand thd
most rugged abuse you can imagine. t^le don't want to put nice tables. t^le
don't want Lo put carpeting. tle don't want anything that can easily be
destroyed because you can bet that it will be.
Lash: I guess lhe most maintenance free as far as, you know if there's
graffitEi or if Lhere's a lot of that kind of stuff that goes on.
Something that you'd be able to either get that off or Paint lavers.
Schroers: I think thaL you're going to find that Lhere's going to be
larger groups also wanting to rent it ouL. If ule build that for 6O, I know
somebody's going to caLl you and say, well we've got 75. Can:t Ne squeeze
in there? And I don't know what Lhe Codes are and stuff here but I mean ure -run into thaL aI1 the time- I realize that building is bigger to
accommodate Iarger groups. The more square footage you've got, the morecost involved and we wouldn't get anywhere for $11o,ooo.OO but anticipatins -that this is going Lo be used extensively would be a conservative
anticipation. These things are really going.
Pemrick: Could it be designed Lo be
now add on?
built on down the road? 5 years from
Schroers: The modular system?
Lash: or at Ieast
So it's
even in iL's Iocation. If that's looked at so it's not-
Pemr ic k;conducive to it.
Schroers: In Europe they build whole modular parks that they can change
Lhe theme of the park from year to year so they can generate interest inthe same area and people don't get bored with the same amenities in the
same area all the time. But here that's not the trend. l.lhen we see that
something, that this facility here is being over used and that there's more -need, we just build another one somewhere else on the site,
Andrews: I'1I be brief here because it's getting just so ]ate. I'm just
going to try to hit risht down the line like is being requested. I think
we need uater. I think we ough! to have the effluent should be stored andpiped off in the liquid fashion like Todd's saying. I think it's thecheapest. tlle had talked abou! the need of perhaps a small storage/firstaid closest or room or whatever. I think that should be included. I thinkit could be Laken off the concession area or something like that but wewouldn't need much room but it could be done. I see nothing on the plan
for any kind of maintenance or uLiLity storage cLoset where you could keepa broom or a squeegee or a hose or whaLever you need there. I think thaL
would be helpf uJ..
Schroers: I think that's a necessity.
Andreh,s: The other question I would have is in the upper level , I uouldthink thaL on rainy days people are going to be very, very tempted to bringtheir barbeques or their charcoaL cookers, whatever inside trying to cookand I don't know what we've Lhought about as far as fire protection. Ifwe're going to be sprinklered or if we're just going to have signs Lhat sayyou'II be imprisoned if we catch you doing it or uhat but people by naturewill try to do that and I guess I'm concerned that the construction shouldbe fire resistant on that upper level in barticular. Other than Lhat Ijust want to go home it's so late.
Park and Rec Commission Meeting
January 22, !991 - Page 42
Lash: t^,eII if there was a fireplace up there, if it Has made in thefashion Lhat it was sort of a grill type so if they wanted Lo do that, they -
could use that and it would be...
Andrens: Ue talked about materials. Natural looks nice but costs themost. I know it's basically somewhat noL eye appealing but iL can be doneuith painting and perhaps texturing. Sometimes tip up concrete can be verycheap. It's very, very resistant to weather, vandalism, That might be a
consideration plus there's local companies that provide it that we could
perhaps get a little more bang for our buck with tip up versus frame and
wood .
Koubsky: Tip up?mean 1i ke pre-cast?You
tip
Schroers: There's something else togoins to be with lhe upper level when
open to the general public? Are you
out of there a}l the time?
Andrews: Pre-cast up concrete, yeah.
Lash: I'd like to see a telephone in there too.
be considered aIso.it's not r eser ved?going to.Iet people
tlhat 's the pol icyIs it going to bejust wander in and
Hoffman:It's originally designed
how do people know if it
Yeah, there wiII have to
for that type of function, yes.
is reserved? LliII there be signs uP?
be some sort of implementation of a
Lash: So
Hoffman:
system .
Andrews: See if it's going to be open to the dailv use, that just to me
reinforces the idea of fire resistant construction.
Schroers: ...to maintain that every single day. Somebodv's going to have
to be there to clean it up if you have it that wav. If it can't be locked
and for reservations onlv, it's going to be a daily maintenance problem.
Andreu,s: Another thing about tip up concrete would be that it could
support a concrete deck easily versus if you had frame or wood again. The
Ioads of Lhat, you know the concrete deck on the uPPer level for
maintenance would be r think much more exPensive and difficult to
construct, You could always trim that r,lith some brick veneers or something
to gi.ve it more of a natural look but we're only looking at hlhat ' a 1 '2oosquare foot building. This isn't that big. I think we had visions I rhink
here of some sort of monsterous building here. t^le're talking of something
that's quite smalI.
Lash: I'd be interested in some drinking fountains in there also as long
as we have water.
Schroers: And thethe lower Ievel is
Hoffman: ConcessionwiII be incorPorated
downstairs is never going to be reselved? That's always
aluays just open to the public?
rental.in there
Restrooms. l4aintenance. The storage building
and then also a lifesuard storage area.
Lash: t^lould it be able on the uPPer ]evel , iust getting back to the idea
of future possible expansion. tlould it be able to be cut into the hiII
someway that the lower leve] would be ]eve] r^rith the toP of the hill so if
Park and Rec Commission Heeting
January 22, !991 - Page 43
He just wanled to extend it out to the top of the hill, we'd just add more -picnic. A roof over a picnic area there, if we could do that?
Hoffman: The currently designed level is a walkout on the upper level and -a ualkout on the lower level . Other thoughts beins Lhat eventually on the
large picnic area or parkview picnic area, that concrete slab, Iarge picnic
shelter jusL post and roof construction. Picnic shelter would be
constructed on top of the hiII to accommodate groups of 2OO-3OO people
That type of thing so adding additional facilities to Lake Ann for grouppicnics so it will be addressed as well in the future
Koubsky: Are you going to have toilets in this thins? The space allocatedfor the toilets versus changing area. I'm not sure which is more importantbut when you have 2OO-3OO people and you've got a beach, these are going to-
be the only flush toilets in the park...but all 3 toilets for the women's
bathroom, I don't know if that's.
Hoffman: Just like the Target Center. t^le'll fit as many in as h,e can with-the constraints in budget.
Lash: HeII you don't really if the changing area, I think that's a really -good point Dave. I Iooked at that but I didn't brins it up because Ithought most people when Lhey go have already changed before you get there.
Host people I don't think are going to urant Lo change once they're there. _I would rather just see more toilets put in and if you need to changethere, you could always change in one of the toilet stalls.
Schroers: That's a good point- tle have a very active beach with
changing rooms and they are the least used or any of our facilities. you
could probably cut those changing areas in half.
Hoffman: Okay.
Schroers: Or cut it in half and have the storage space in the closetsbecause that's somelhing that r.re're in shortage of everyr.lhere and everybuilding that we have. The stuff that you tend to accumulate, lifeguard
equipment and aII this other stuff, you can't have too much storage. It,shard to sell storage space because everybody says it's not useable. you
can'L but it's sure nice to have.
Hoffman: Great. That's a lot of good input. Beth,een myself and Bruceue'II relay that back and get some of the design changes and an updatedsketch plans back to the commission.
Schroers: Can we move on to item 11 now? Is there anything else you
wanted to cover on this one Todd?
Hoffman: On the community shelter, no. We're relying on, I really hanted -to just get updated because I was relying on some old information so withLhis neu input we can go ahead and initiate the design stage and then rightonto construction- Bis summer we're going to have here.
Schroers: Sounds good. I bet Jerry's ready to just jump right in.
Par k and Rec Commission l''leeting
January 22, L99f - Page 44
Par k and Rec Commission
January 22, 1991 - Page
Meet i ng
45
Schroers: Everything about it is good Jerry. You've got it.
Andrews: f second -
Lash moved, Andreus seconded to approve the performance contract with the
Hi-Tops as written in the amount of !b1 ,4oo -oo for the 1991 4th of JuIy
Celebration- AII voted in favor and the motion carried.
SITE PLAN REVIEI.I . VA VOLINE INSTANT OIL.
Schroers: Do you Hant to do wait for Todd or do you !.,ant to do lhis Jerrv?
Ruegemer: I think we'II have to wai! for Todd on this one.
Hoffman: Very straight forward basic site PIan review. It is ]ocated 'take a look at the map there. Just to lhe east of the car uash and uP to
the northeast of BrouJn's Amoco. The neh, stati.on there. 79th Street is a
cul-de-sac. A dead end street so the designation of a sidewalk along that
slree! was no! included in this- Thus we can still obtain our trail
dedication fees in Iieu of sidewalk construction. As well it's commercialproperty. tJe're not looking aL acquiring or Laking a piece of this ]and
for park property but it does lie taithin the fringe useage district of
South Lotus Lake, City center Park and Rice Marsh Lake so it is the
recommendaLion of staff to accePt park and trail dedication fees in ]ieu of
Iand dedication or trail or sidewalk construction.
Schroers: So moved, fs there a second?
Andrews r Second.
Schroers moved, Andrews seconded to accePt trail and park dedication fees
in Iieu of Iand dedication and trail construction for the Valvoline Instant
OiI site- AII voted in favor and the motion carried-
APPROVAL OF THE 1991 FOURTH OF JULY CELEBRATION BAND CONTRACT - HI TOPS-
Ruegemer: You bet I am. Starting to prioritize the events for the 4th ofJuLy. I have been in contact r.lith the booking agent for the Hi Tops andthey have expressed interes! in playing again for the annual 4th of JuIycelebration. I stated in the memo, they are quite a bit cheaper in price
than other bands of that size and popularity. Easically it just stated,you know the dates. The rain out dates. Compensation. The set. The
Iength of the set. I'd just Iike to get your feedback. Is there anyquestions regardi n9?
Andrews: My only comment was, they were great ]ast year and I think wejust approve this and go wiLh it.
Andrews: Need a motion for that?
Lashr I move we accept the contract for the Hi Tops for the 4th of JuIy
dance.
Par k and Rec Commission
January 22, t99t - Page
Meet i ng
46
Lash: I'II be very brief. It's not a presentaLion. I'd just like to
comment. I said this earlier before most of you were here to Todd and
Jerry but I thousht this was Lhe most exciting, positive packet I've seen
in 2 years. I think we're starting on a great foot. A greaL note. tJe'regetting a Io! of old projects done that have been hanging over our heads. I
like to see that. I really think we're going foruard and I feel great
about it and I'm going to just thank Todd and Jerry. I think they're doing
a grea! job.
Schroers: I will second that.
Pemrick: Do you need a motion for that?
ADLTINISTRATIVE SECTION :
Schroers: Any concerns or anything from the Administrative Section?
Hoffman: There is one point of interest in the Administrative Section that
needs some input and tha! is the first cover ]etter there. The memo from
myself to the commission as it relates to a joint meeting possibly uith thePublic Safety Commission. Scolt Harr has expressed inleresL in meeting to
deal with some of these issues. My direct response back to them Lhat amajority of them did deal with the enforcement side of snoumobilins. - Of
those types of things but as uell, obviously snowmobiling falls into the
realm of recreation so at Limes they would ]ike your input on what your
feelings are on snourmobi.Ling within the city.
Lash: Do Lhe
mini-bi kes or
same regulations, do they apply to 3 and 4 wheelers andthose alI different?
Hoffman: Separate.
Lash: It's a1I separate? Because I think that's something that needs to
be addressed too. If there's damage being done to park property by thosetypes of vehicles and I think there is. If we decide to meet r.rith them, Iwould ]ike that to be addressed.
Schroers: I guess I would be in favor of having a joint meeting andJan says, go ahead with some of these issues that have been hauntinga while and just make some progress.
like
us for
Hoffman: Again, the Jet Ski issue as mentioned there is another one. Hostof Lhese are seasonal in use and this season was good for snowmobiling sowe had some complaints coming in on snowmobiling. Noise levels. Oamage toproperty. Driving along the roadway and tha! type of thinS. And Lhen aIlof a sudden the season's over wiLh so the complaints go away. The problems _go ah,ay to the foLLowing year so to effectively attack lhese situations,you rdant to address them prior to the season and keep the ongoing workgoing and regulations to at leasL provide the accessibility for this typeof recreaLion but then as uell to suide it's use
Andrews: I need to ask a question, Didn't the City, wel] the
been putting out sort of an informative news or pamphlet doing
has now
par k
City
with
COI.IMISSION PRESENTATIONS :
and rec issues as well as many other city issues. How many times a year
are we trying to do that?
Hoffman: Quarterly and just a side note on that. The format currently
existing is almost strictly park and recreation related. In our next issue
we wil. I switch to a city newsletter format where the Park and recreation
wilt be an insert and then the remainder ulill be general city news.
Hoffman: Correct .
Lash: Haybe it could even be written somewhat in layman terms.
Andrews: t^lell you've got to be careful of that but my comment of being
board sailer on Lotus Lake is it's craziness dotln there with, sometimes
feel Iike you're a target on that lake.
a
you
Koubsky: I think it's imPortant
the publ ic t^,hat the problems are
snowmobiles I said, weII my first
pr ob I ems?
Andrews: t^lhy do we need these rules?
Koubsky: Risht .
not onLy reiteratlng the rules but tell
because like r^rhen I was reading this with
question was, what are the current
Lash: Peop]e
here 20 years
they can do.
ge! defensive
to snowmobi Ie
can
ago
about those things too because
and aII of a sudden...cracking
t hey
down
moved
on what
Andreurs: l think Lhere is a ]ocal snowmobile club if I read correctly.
I'm sure they may want to Put something in Lhe Pamphlet about their
activites and how to become involved too so it doesn't have to be all. a
hammer over somebody's head. It can also be a carrot thrown in with it
Hoffman: Ne !ake tha!, we incLude that information.
Lash: t^li I I they also be included?
Hoffman: Snowmobile CIub? Not in that joint meeting, no. We did meet
with those folks on an informal setting. The memo you see there back to
Dave and Leroy and myself and Steve ttalter and Jim Castleberrv.
Lash: So you'Il be able to relay.
Hoffman: Their feelings.
Par k and Rec Commission l.leeting
January 22, !997 - Page 47
AndreNS: Okay, would it possible to put something in there larger than the
microscopic print Lhat goes in the local paper that would deal Nith the
ordinances that are on the books regarding snowmobiles in a seasonal
appropriate format? f'm not aware of the rules until I read these and I'm
sure most of our citizens have no idea what the rules are.
Pemrick: And Jet Skis, didn't they just come out with some new guidelines
Iast year?
Park and Rec Commission
January 22, t99t - Page
l'1eet i ng
4a
Lash: I'd ]ike Lo just bring up thaL I'd Iike to thank Todd for following -up on this. I don't think this is something he was directed to do but he
just picked up on it from the meeting and followed through on it and I just
I appreciate that happe n i ng
Schroers: Is this something that we're going to need a whole seParate
entire meeting that's going to take some time or did you u,ant to include it
Iike a before a normally scheduled meeting for either the Public Safetv or
for us and put a time Iimit on it so tle just hit it and geL down to
business or do we want to talk about this all night?
Hoffman: I would foresee that it's probably going to take a couPle hours
and iL should be scheduled on a separate night.
Andrews: Pick a neutral night.
Schroers: Okay, why don't vou Proceed on that
Hoffman: And then get out an agenda or something of that nature to you so
you know what's being discussed so if you have questions on it' you can
contact either myself or Scott
Andreh,s: You may have already done this in the past but if you couldprovide the Board members ulith a roster of names, addresses and phone
numbers to contac! each other because I know Larry and I are probably going -Lo occasionally have to get a hold of each other and that would be
appreciated.
Schroers: Yep, our rosters are definitely outdated now aren't they?
Hoffman: Yeah. They're just being updated and we'II present them to you.
As weII the 1991 budget and any of those types of maLerials thaL are of
interesL Lo you once those are published. l^le'Il geL them back out to you.
Schroers: Okay, I'm looking for a motion !o adjourn.
Lash: oon't uJe need a moLion on a special meeting?
Hoffman: Yeah, you can formalize that in a motion.
Lash: I make a motion that Todd proceed r.riLh scheduling a joint meeting
between Park and Rec and Public Safety
Andrews: Second.
Lash moved, Andrehrs seconded to direct staff to schedule a joint meeting
betueen Park and Recreation Commission and the PubIic Safety Commission-AII voted in favor and the motion carried-
Andrer.rs moved, Koubsky seconded to adjourn the meeting. All voted in favor
and the motion carried- The meeting uas adjourned at 1O:5O p-m--
Submitted by Todd Hoffman
Park and Recreation Coordinator Prepared by Nann opheim
1
CITY OF
CH[NH[SEEN
690 COULTER DHIVE. PO. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-s739
MEMORANDI'I,I
TO3 Park and Recreation Connission
FROM: Todd Hoffnan, Park and Recreation Coordinator
DATE: February 22, l99l
SUBJ: City Center Park Concept Plan
This study was undertaken to investigate potential changes in theconfiguration of recreational facilities located at and proposedfor City Center Park. The failure of the cornmunity centerreferendurn last faII aIlo$red this study to be initiated. It isprudent to have a master park plan developed at this time since
$68,000 in capital, inprovernents have been scheduled to occur j,n thepark this sunner.
A
VanDoren
Hazard
Stallings,lnc.
Ar.chilects a Engin66n6 . Planne.s
From: Bruce L. Chanberlain, Project Planner ,3t O.
To: Chanhassen Park and Recreation Commission and staff
Date: February 19, 19 91
Subject: City Center Park Concept Study
Based on the discussion heLd at the J anuary 22, 1991 Park andRecreation commission meeting and discussion held with city staff,the following City Center Park concept alternatives have been
developed.
The two concept alternatives consider future park needs, existingpark concerns and a possible future land acquisition.
Concept alternative #1 park features*2 hockey rinks (as existing)*Free skating (as existing)*Warming house (as existing)*2 play areas (1 as existing)*22O yard running track*5 softball diamonds*4 soccer fields*6 tennis courts (4 as existing)*1 basketball court
* Pedestrian /bike trail*30 additional parking stalls
ce t alternative 2 ark*Future 3 acre land acquisition*2 hockey rinks ( reconfigured )*Free skating (as existing)*Warming house ( relocated )*2 play areas (1 as existing)*220 yard running track*7 softball diamonds*5 soccer fields*6 tennis courts 14 as existing)*1 basketball court
*Pede strian /bike trail*58 additional parking stalls
3030 Harbor Lane North, Bldg. II, suite 104, Minneapolie Minnesota ss44z-277b (612) b53-r980
lIEMORANDUM
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CONCEPT ALTERNATIVE #2 CITY CENTER PARK
CHANHASSEN, MINNESOTA
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}IE!{ORANDUII{
TO: Park and Recreation Conmission
FROI,I: Todd Hoffman, Park and Recreation Coordinator
DATE: February 19, 1991
SUBJ: Approve PIay Area Expansions: Bandimere Eeights Park
Carver Beach Playgrouncl, Curry Farms Park and Lake
Susan Park.
As part of the I99I Capital Improvement Program (CIP), monies
budgeted for play area expansions at the parks noted above.
specific budgeted amounts are as follows:
690 COULTER DRIVE. PO. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
were
The
CITY OF
EII[NH[SSEN
s 3,500.00
5,ooo.oo
2,500.00 *
10,000.00
Bandimere Heights Park
carver Beach Playgroundcuiry Farms Park
Lake Susan Park
*Note: A total of $I0r000.00 was allocated for general
development at this park. The expenditure of $2r500.00for Phase II playground equipment corresponds with the
development plan for curry Farms Park.
The play equipment which currently exists at chese parks are red-
!'rood structures manufactured by Landscape Structures of Delano,
MN. In working rrith their sales representative, Earl F. Ander-
sen, Inc., site inspections were conducted and consideration for
variation in play activity and age appropriateness vras addressed.
The attached quotation/proposals represent the culmination of
these efforts. All purchases being made at this time are listed
as Phase II proposals. Phase III proposals are includeil to showpotential expansions to, or completions of these play areas. I
have reviewed these quotations anil plans, finding all to be
satisfactory in respect to pricing and design.
It is recommended that the Park and Recreation Commission approve
these Capital Improvement Projects as presented.
III: nd
Enclosure: Quote forms and playground plans
3
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EFA E48L F. ANDE8SEN AND ASSOC., tNC.
9808 Jamos Circle Bloominobn. MN 55431-2976
Toll-FrE€ WATS Un€ 1-800+52{025 . 512€8,t-7300
. Part and R€cr.aiioflal Equipncnr
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CITY OF CTNNHASSEN
Parks and Recreation DeIErtnEnt
Attn: Todd Hoffinan. Coordinator
690 Coulter Drire
Ctlanhassen, MN 5531,7
OUOTATION
Date f'elrruaql l+ 'r 991 _
Your Ref. No.Bande{rEre Heiqhts
Plan date: 2/15/91
Drar^rjng no. DS-2160
TERMS: Net 30 Days E
To Be Arranged D
WE ARE AN EOUAL EMPLOYME
We are pleased to quot6 you th€ ,ollorrrring
F.O.B. Faaory O Dostination F
Shipmenl approx.4-6 roeeks aftor receipt of ordel.
NOTE: This quoralion valid tor 30 days.
Please write for confirmation sftar that dato.
OUANTITY OESCRIPnON TOTAL
$1.934.00
949.00
29s . 00
125.00( 5s.00 )
ss,145.00
3s1. 00
( 153 r00 )
$3, 358 .00
s5 . 649. 00
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73 FE.
L
BANDE!4ERE HEIGITS PI,AYGROUND
Orstcrn redvmod pl-aystructure, redrcod decks
Phase II
Add: Playstructure iteflls renDved frun Olrrie
Farrns playgror:nd - incfude: 1 ftorizontaL l-adder.
2 support posts, I vertical ladder
SulErscoop Digger #842-4300
RedvDod bordererood for Phase II
( A1lolr,ance for City sugllied pea rock )
Custcm redr,Dod pl-aystructure, redvood decks. ptrase
III, tire *ring, 3 s$ring unit, talk tubes
Redr^rood bordervsood for Phase III
( A-l-for^rance for City sutrplied pea rock )
Phase III Totaltlote: Borden'Dod to be pick r4) at EFA.
( Phase I installed 1987 with
Phase I onl-y border and surface )
PHASE II
PHASE lII
Phase II Tota
Paid by EFA FREIGHT
INSTALLANON
TOTAL
SUB TOTAL
SALES TAX
By
DAVID
OPPORTUNITY EMPLOYER
PRICE EACH
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98Og Jamss Circls Bloominqbn. MN 55,|31.2976
Toll-Fro€ WATS Une .t-80ci52€025 . 612€84-7300
. Part md R.cr.rrinrt EquipnEm
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CITT OF CTBNHASSEN
Parks and Recreation DeIErBrEnt
Attn: Todd Hoffinan, Coordinator
690 Coulter Drive
. Chanhassen. MN 55317
OUOTATTON
Date February 15 19 91
Your Ref. No.
TERMS: Ner 30 Days ff
To Be Arranged D
WE ARE AN EOUAL EMPLOYMENT OPPORTUNITY EMPLOYEB
We are pleased lo quol6 you the followi ng:
F.O.B. Factory D Dostination El
Shipment approx. 4 - 6 u,€eks after r6ceipt of ord€r.
NOTE: This quoration valid tor 30 days.
Please write for confirmalion after that daro.
OUANTITY DESCRIPTION PRICE EACH TOTAL
s3, 628 . 00
998.00
( 3s3. 00 )
,979.00
2 . 036. 00
208 Fr.
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Phase II
Rederood bordemood for cury)lete project
(Allorance for City sutrplied pea rock )
PTIASE II KITAL
PTIASE III
Custon redmod playstructure track ride, 3 seat
srhring attached
BordervDod to be picked q) at EFA
CATVER BEACTI PI"AYGROTJND
PHASE II
( PlEse I -irrstaltcd )
SUB TOTAL
SALES TAX
Paid by gPa FREIGHT
INSTALLANON
TOTAL
By
D CNEN
Carver Beach Park
Pfan Date: 2/15/9I
Dmwing !,1o. DS-2161
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9808 James Circls Bloominqbn, MN 5543 t-2976
Toll-FIg€ WATS Une 1-800362{025 . 612{8.1-7300
. P.il rnd Adlrti.rn l Equirn nt
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CIIY OF GANHASSEN
Parks and Recreation DeIErtsrent
Attn: lbdd HoffirEn, Coordinator
690 Coulter Drive
Chanhassen, MN 55317
a
We are pleased to quoro you the lollon i ng:
F.O.B. Faaory D Destination E
Shipment appror.4-6 lrreeks
OUOTAT!ON
!61s Fehn rary-I5-L991--_
YOur Ref. No. Orrri F T'e7ynq Park pl,aygr rrnd
Pl-an date: 2/9/91
Drawing No. DS-2159
TERMS; Nel 30 Days m
To Be Arranged tr
WE ARE AN EOUAL EMPLOYMENT OPPORruNIry EMPLOYER
aftor rgcoipt of ordor.
NOTE: This quolation valid tor 30 dalrs.
Pl€ase wrile for confirmation after that date.
OUANTITY DESCRIPTION PRICE EACH TOTAL
- 949.00
2.501.00
0. 00
1 Orstsn redr^Dod playstructure. redvrcod decks
Phase II
Credit: RefiDve Phase I pl-aystructure iterns and
npve to Bandenere Heights Park - include:t horizontal ladder, 2 sqport posts, L vertical
ladder
( Phase I installed 1988 wit]1 tinber border and
surfacing )
CURRTE FARMS PI,AYGROI'ND
PTASE II
SUB TOTAL
SALES TAX
Paid bryr EFA FRETGHT
.INSTALLANON
TOTAL
By
DAVE Ol,lEN
$3,450.00
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CITY OF CHAN}IASSEN
Parks and Recreation DepartllEnt
Attn: Todd Hoffinan. Coordjnator
690 Coulter Drive
*)anhassen, MN 55317
OUOTATION
Date Februarv 15, L991
Your Rel. No.I-ake Sr.Ban Park Pl,avqround
TERMS: Net 30 Days E
To Be Arranged tr
WE ARE AN EOUAL EMPLOYMENT OPPORTUNIW EMPLOYEB
We are pleas€d to quot6 you the folloi,rring
F.O.B. Facrory C
Shipment approx.
Destination EI
4-6 weeks aft6r roc€ipt of ord€r.t
NOTE: This quotation valid tor 30 dalls.
Please wrile for confirmation atter that date.
OUANTITY DESCRIPTION PRICE EACH TOTAL
s9 , 749 .00
1,819.00
0.00
1
1
Custdn red\rood pfaystructure with tenderdecks
Phase II, tire swjng, 3 unit swing, talk tubes
Redwood p.laystructure track ride with tenderdecks
(Phase I hstal]ed 1990 with tifter border and
reslient surfacing )
I,AKE SUSAN PI,AYGROIJND
PI{ASE I1
P}IASE III
SUB TOTAL
SALES TAX
Paid by EFA FREIG|(T
INSTAIANON
TOTAL
By
DA\E OrIEN
CornpLl! con.ultir{, &aagn, byo.Jf ln iutalbri,l xvka.
Plan date: 2/ 15 /9L
Drawjng No.: DS-1944
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CITY OF
CH[NH[SEEN
690 COULTER DRIVE. PO, BOX 147 . CHANHASSEN, MINNESOTA55317
(612) 937-1900 . FAX (61 2) 937-5739
MEMORANDUM:
TO: Park and Recreation
FROM: Todd Hoffman, Park
DATE: February 20, l99L
SUBJ: Estabish 19 91 Lake
Commi ss ion
anal Recreation Coorclinator
Ann Entrance Fees
1{
In accordance r.rith the Chanhassen City Code, Chapter I4 park andRecreation, Section I4-59 Parking Permits, the parking permit feefor Lake Ann Park must be established by resolution each year.The foll-owing history of permit fees and annual gross revenue isprovided fcr your information in reviewing this item.
YEAR
1987
1988
FEES
Daily
An nual
Ann ua I
Dai Iy
Annual
Annua I
Daily
Annua 1
Annua L
$ 3.00
5.00
10.00
3.00
5.00
10.00
2.00
5.00
r0.00
( Resiilent )
( Non-Resident )
( Resident )
( Non-Resident )
( Resident )
( Non-Resident )
17 ,200
1r,000
1990 Daily 2.00
Annual ( Resident ) 5.00
Annual (Non-ResiClent) 10.00
12,500
Traditionally the debate over the Lake Ann park entrance fee hascentered on the amount of the fees and r,rrhether or not everyperson, regardless of their purpose for entering the park, shouldbe charged. The possibility of discontinuing the parking fee hasalso been discussed. The Park and Recreat.ion Commission reviewetlthis item extensively in 1989 before establishing the fees for1990. The majority of discussion at that time related t.o thefairness of allowing youth participants of organized recreational
1989
GROSS REVENUE
913,600
February 20, i-99L
Page 2
and instructional activities and their parents/spectators free
access to the park. The Commission eventually made a
recommendation to the City Council on November 28, L989. This
recommendation was approved by the City Council on January 8, 1990.
Recognizing current economic trends and with the knowleilge thatthe 1990 parking fee/gaLe attendant program operated smoothly
and generated gross revenues of $12,500.00, no changes in theparking permit fees are being recommended.
Specifically, it is recommended that the Park anil Recreation
Commission recomrnend the City Council establish the 1991parl<ing fees at the same rate as 1990 (see page I) and that allpark users, except youth participants of organized recreational
and instructional activities and their parents.,/spectators , berequired to pay the fee. Further, it is recommended that alladult softball teams pay for fifteen park stickers ($75.00) aspart of their team registration fee.
TH:nd
CITY OF
CH[IiIH[SEEN
MEMORANDUM:
TO: Park and Recreation Commission
FROM: Todd Hoffman, Park and Recreat.ion Coordinator
DATE: February 20, L99L
SUBJ: Establish croup Picnic and Ballfield Reservation Fees
With the season of outdoor recreation fast approaching, an
assessment of the alepartments group reservation fees is in order.
These so calleal "user fees" have become standard practice
throughout the public recreation field. User fees are baseci onthe fact that large reservation groups create the need foradditional maintenance and money is expendetl paying for the costs
associated with this maintenance. In reviewing this item, it isimportant to note that the fees being recommentled at this time are
based on the amenities presently found at each site. With
improvements to the parks, i.e. availability of water,electricity, etc. the fees will rise accordingly. For ease of
comparison, I \,Ii11 address each reservation site separately.
LAKE SUSAN PARK: Park shelter available Ua y 1 to September 30.
Accoflu-nodates groups of 50 to 200 people.
Amenities z 25'x45 ' covered shelter with stone fireplace andlights, electrical outlet, water spigot, bathrooms, picnic tables,trash receptacles, play area, sand volleyba1l court, ba11fie1il,basketball court, tennis courts, fishing pier and boat access.
Recommended group reservation rates:
Resident Group(50t of those attending are resiilents of Chanhassen)
$ s0.00
Non-Resident Group 150.00
25*
other park
Non-Prof it/Senior Group Discount
Group receives exclusive use of the shelter area, allfacilities are subject to use by the general public.
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
February 20, 2992
Page 2
LAKE ANN PARK: PARKVIEW GROUP RESERVATION PICNIC SITEAvailable May 1 to September 30.
Accommodates croups of 100-400 people.
Amenities: Large grass picnic area, picnic tables, gri1ls, trashreceptacles, portable restroons, sand volleybal] court, horseshoepits, baIIfields, play areas, swimming beach, fishing pier, boat
access and tennis court.
Recommended group reservation rates:
Resident Group
( 50t of those attending are residentsof Chanhassen )
Non-Prof i t/Sen ior croup Discount
Group receives exclusive use of the picnic area
vol1eyba11 court anil horseshoe pits. AIl otherare subject to use by the general public.
and itspark fac i 1i ties
LAKE ANN PARK: LAKE SIDE GROUP RESERVATION PICNIC SITEAvailable May 1 to September 30.
Accommodates 40 to 150 people.
Amenities: Grass picnic area ailjacent Co lake, picnic tables,griIIs, trash receptacles, portable restrooms, swimming beach,play areas, fishing pier, boat access, sand volleyball court,ballfields and tennis court.
Recomrnended group reservation
Resident Group
( 50t of those attending areof Chanhassen )
rates:
res idents $25.00 and 1
parking permitper vehicle
$75.00 andpermit per
25*
Non-Resident Group
Non-Prof i t,/Sen ior Group DiScount
I parking
vehicle
Group receives exclusive use of the picnic area. Allfacilities are subject to use by the general public.other park
Non-Resident Group
$25.00 and 1 parking
permit per vehicle
$75.00 and 1 parking
permit per vehicle
25*
February 20, 19 91
Page 3
LAKE ANN PARK: BALLFIELDS
weekends llay I to September 30, subject to availability
Fields *L, *2 and ll3 are available for 1 or 2 day rentals.
Rental includes: Exclusive use of fields anil unimproved shelter
builtling, manual field drag, 2 bags of sparkle lining material per
day, line marking machine, portable restrooms and refuse service.
Recommended rental rates: I Day 2 Day
8:00 a.n.-6:00 p.ut 8:00 a.m.-6:00 p.m.
Resident croup $100 .00 $175.00(50t of those attending areresidents of Chanhassen )
Non-Resitlent croup 200.00 350.00
Rental of Lights - Field #1 until 10:00 p.m. - $25.00 per day
Non-Profit/Senior Group Discount 25\
TH:nd
Enclosure: Lake Ann Park L{ap
Laks Ann Park
City ol Chantusscn
Faclty Davalopourt
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}{E14ORANDUM
TO: Park and Recreation Conmission
FRO!4: Todd Hoffman, Park and Recreation Coordinator
DATE: February 14, 199f
SUBJ: Naming Parks
690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
CITY OF
EH[NIIISSEN
il
The acquisition of new parkland is an exciting occurrence for the
City of Chanhassen. The preservation of open space and the
development of recreation facilities are goals which the City
and the Park and Recreation Commission are committed to.
However, we need to name these new parks so each can begin to
establish it's own identity. Park areas currently unaler the
ownership of the city, but which remain nameless, include Outlots
F, c and H; Lake Susan Hills west and the Pheasant Hills park
property. Recalling previous discussion by the Ccxnmission in
regards to naming parks, I have attacheil a map indicating the
location of each parcel anil a list of natural and manmade
features adjacent or relating to each.
It is recommended that the Cdnmission reach a consensus on nanes
for a1I parcels at the February 26th meeting. If this is not
possible, it would be recommeniletl to name Outlot G anil the
Pheasant Hil1s Park at a minimum.
Note: Outlot E is not being addressed at this time as it will
not be deeded to the City until another phase of Lake Susan Hills
is platted.
\
OUTLOT F, LAKE SUSAN HII,LS WEST:
l8 Acres
Aaljacent to Flamingo Drive on the east and connected to Uallard
Court on Ehe north by a peilestrian walkway.
Natural Features: Contains a 1ar 9e hill in its southern
region which, upon completion of park development, will bethe park I s focal point.
Proposed Development:Two holding ponds wi I1
narrow "neck" of the park dividing its northregions. A bituminous and turf walkway will
connecting its activity center with a1J. adjoicu1-da-sacs. Proposed recreational facilitietennis court, play area, picnic area, slidingfield and parking facilities.
comprise the
and south
bisect the park
ning streets ands include ahi11, play
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OUTLOT GT AKE SUSAN HILLS WEST:
10 Acres
Adjacent to Swan Court,
Connected to Lake Susanpedestrian iralkway.
Ibis Court and proposed Lake Drive West.Hills Drive and Heron Drive by a
Natural Feat.ures: Contains a wetland which contains openwater and vegetation in its northeast corner.
Formerly an agricultural f ie1d.
Proposeal Development :Gratl inguniform and Level field on itslower east side of the park byin elevation).
This park wiII be
amount of natural
Susan HiIIs West.
of the park created a fairly
west side, divided from thea distinct riilge (10 foot ilrop
Inscallation of a play area, ballfield, tennis court,volleybaII court, hockey rink and parking area.
the most developed antl containarea of any of the four outlots
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LAKE SUSAN HILLS WEST PARK
OUTLOT G
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OUTTOT H, LAKE SUSAN HILLS IiIEST:
4 Acres
Adjacent to Powers Blvd to the west.
Connected to Dove Court on the east by a pedestrian walkway.
Natural Features:
Contains a smal1 defined knolI in its northwest corner.
Grade follows a downwarcl course tordards the south boundary
1ine.
Formerly an agricultural f ield
Propqsed Development:
- Installat 10n o f a pedestrian trail from Dove Court to
Powers Blvd.
- Installation of a play area.
- Development of a sliding hi1l.
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LAKE SUSAN HILLS WEST PARK
OUTLOT H
MASTER PLAN
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PHEASANT HILLS PARKLAND:
Natural Features:
end and h rg her grou
this year. It 15 an tic
components of a neighbothis site.
Property contains a wetland on the r,restern
nal along its eastern and northern border.
A master park plan wiIl be developed
i pateal that selected recreational
rhood park will be incorporated into
Adjacent to Che Pheasant Hills Subdivision
11 Acres
Connected to Wooal Duck Lane by a trail easement. Adjacent to LakeLucy Lane along its southerly border.
Scattered tree cover is found throughout the property.
Proposed Develo pment:
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Park and
Decer,ber
Rec
L2,
Corro,i ss i on Meeting
1989 - Page 7
but. . . Kiorra is one. Do
Bo:tt: Second.
llady rr,oved, Bo:tt seconded that the Park and Recreation Cor',rr,i ss i on r€conFrendto accept park and trail dedication fees in tieu of parkland anil trailconstruction and that trail easerrents run along the sorrth and eastboundary. All voted in favor except Lash uho opposed and the rrrotioncarried with a vote of 3 to 1.
SELECTION OF PARK NAT,IES FOR SITES LOCATED AT!
A. CURRY FARMS
B. CHANHASSEN HILLS
C. LAKE SUSAN HILLS WEST (4 SITES)
D. SOUTH PARK SITE (BANDIMERE FARM)
Lash: Shorrld rre do sor'ething real novel like Curry Farn,s park?
Chanhassen Hills Park? Banilinrere Park and then...
Sietsenra: It r{ould lrrake a Iot of sense to go rrith the subdivision nanre in
Frost cases. I would think that Currlr FarFrs and Chanhassen Hills are
Hoffnran: Are ver:r pleasant narres.
Itad:t: u:, thoughts on this were basicall:r rrhat Janrs are. Use thesubdivision nanre whenever possible and lf :rou have a situation wherethere's rrrore than one park, you can bet almost ever:, situation I can
reFrertrber in the 3 or 4 :7ears Irve been here, ther-e's always been one rr,ajorpark and then therers been bits and pieces here and there. Use the
developnrent naF,e for those anil the little bitt!, piece parks rtraybe ifthere's nothing else that realllt strikes usr 9,e can just use the atreet
naFre that the:rr re on.
Bo:'t: How about Chanhassen...and there were a lot of inttians ln this area
and a lot of the roads have the Frontier indian derivation, if we go backto sorrre of tha t . Sortre of roots . . .
Lash: Do ]toll have a suggestion?
Boyt: No. I think therets a list of atreet natrres.
lrou thlnk thererd be aLash: Okalr,that.Probler0 with
Boyt: ...thatr s confusing
but that erill give uS solrr€
and people will never find
around.
because there's 3 of thetr. ln town butindian words. We donrt sant one likethat. Theyrll knos therera like 3 or
ee neeil ,
Kiowa Park,l Kiowas
Lash !ls it Or
set
are
uP
th
in
ew
a
set up,
ita], that I Frean I rrr not even sure where these alltherers a directional thing where one is
are but
nor th
Park and
Decen,ber
Rec
12,
Con,r.'i ss ion f,teeting
1989 - Page 9
Hady:
rliIl
Plan.
It ' s in
be hapP],.
the sar,e,
They I 11
we call lt Bandir,ere FarFr Cor',r',unity park,
find that out when the people are here for ever lronethe par k
Sietserra:
this is.This is Lake Susan Hi1ls West. This is a piece of parkland, anil
Schroers: These are Just neighborhood parks shere lrourre not going to havescheduLed events nrostl!.
Uad:,: Therers a prett:, good size park though.
sietsenra: This one wirr be rear active. This one rrontt be too much golngon. r think this one will probably be r,ore active and then there, s thisbig piece between there. It,s para of Lake Susan Hllls West and partof Chanhassen Hills but itrs a natural...
Lash: Outlot E.
Hady: Outlot par k.
schroers: rf we were going to be having schedured events andt thlngs rikettlat at sorrr€ of the parks, it seenrs like the r,ost loglcal ya:r to hinillethat Particular Lake susan Hills because therers rr,ore of thenr...anil thatrsnot ver:, irraginative and r rearlze that but just to keep things in order.At least you know what !,ourae talking about.
Lash: Itrs a ver!' neat, tidy idea Larrli but.
!lad1': But no one knows nhat fieLd thelrrre on up here. When you saydiarrond *3 and the:, say, tell thatrs wbere, which one is it?
Hoffnran: This has got a streaB, running through it.
Lash: Bearrti f ul Creek park.
Hof frran: Have Creek in there. Strean.
Bolrt: Indian Creek park.
Lash: whatrs the nanre of creek there?
Hof fp,an: What is the narrre of the creek?
Schroers: CalI it Susan Creek.
Sietselra3 who knors.
Lash: How aborrt sunset rraiL park. rs that the naF,e of this street?
!,!ad!r: Is lt there !ret?
Sletsenra: It stops right here.
Park and
Decerrber
S ietser',a :
schroers:
SletseF,a:
Lash: we
Sietsen,a:
Hoffr,an:
cor rec t?
Rect2,Cono,ission Heeting
1989 - Page 11
Thatts frontler ish.
Frontierlesh, ploneerish. How about plonner park?
vle could nanre it after Jlft Curry.
should nanre lt after that sportsca8ter.
s id?
So ire r re trlting to sta!, rrlth the natural therrre right?
rrp ln here. We could cor,e up rrith sorrething that describes prairie orforest or sorrething.
ady: Creekwood is the rEurr€ of a road.
Sietsen,a: Karen lives right over here.
uadlt: There you go, Karents park.
Sietsenra: And she has a red fox ln her area all the tlr,e anat she llvesright around this park right here.
Lash: Fox Creek.
Hady: Fox Holl.ohr. Fox Chase. Redt Fox park.
Sietser',a: What about Reil Eox? l{eII I can Bee rh}, I never got very farrith. .
Schroers: If we rrant to pick kind of a thenre, tbat would narrotr it downand n,ake it easier.
Bo:'t: Wbat was the t:rpe of indian that...Dakota and Sioux rlght?
Schroers: I thougtrt it was Chippewa but.
ltadlr: Trees.
Sietsen,a: weII, the strea",s that run through the tosn are types of trees,t:,pes of i nd i ans , and .
Lash: Things that have nothing to do with thls.
l{ady: Like what? Big Horn.
Boyt: Calestoga.
[ad:r: Whatr s a Calestoga an!rxa!,?
Lash: Covered wagon.
Is that
l{ady: This is forever.
Lash: Ir11 nrake a rrotion that rre sait until we have the creekthe nar,e of the streets in Lake Susan.
llad-v: And naFre the other three?
Lash: WelI did ever:rbod!, think that Bandinere...
Sietsenra: You eant to naF.e lt, slnce itts golng to be a youth
corrplex , do you rrant to Band lFrere Athletlc Corr,plex or Athietic
Uadlt: Bandir,ere CoFtrrun i tlr park.
Lash: Bandin,ere Corrrr,unity park?
Ma Sounds gooil to nre.
naFres and
athletlc
Park.
dw:
La sh : Okay, so we rrant to go Currlr FarrrrsBandln,ere Corr,un i t:, Park and rrerre goinguntil we have n,ore inforn,ation
Park, Chanhassen HlIls paEk,
to hold off on Lake Susan Hllls
llady: Second.
Park and Rec Conrr'ission Meeting
Decen,ber 12, 1989 - Page 13
Madlt: Why donrt we call it one of therr van Doren, one Hazard, oneStallings. Hazard Park.
Schroers: Cottonwood park ls nice. Therets probabt:, only about gtgll ofthe$, ln the state...but r think if youtre golng to do sorr,ething rike that,yourve got to actuall!' physically go there and make sure that ihe largecottonirood trees are in the park. we narrreil area suFrac Knolr and then..
Uad:r: Since hte rtroved the geese out Of Lake Suaan, call one Canadian GeesePark.
Sietsen,a: Gooseless.
schroers: Missing Geese park. That sounds rike an indtian nar,e doesn't it?
Lash: Punnlng Geese.
Sietsenra: Critter Creek.
Lash: I guess d be interested in finiling out rrhat the nar,e of the creek -is here.
Sietser,a: Do ]rou like Critter Creek?
Lash: Ird be interested in finding out rrhat the nanre of the creek ii hereand then d be i.nterested in findlng out what the nar,es of the street wirLbe by the other before I nrake an1, rash decislons hdre on what re Fra:, end up -naF'ing. . .
---?
CITY OF
EH[I{H[SSEN
690 COULTER ORIVE . PO. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
TO
MEMORANDU}.I
FRO},I :
DATE :
Park and Recreation Conmission
Todd Hoffinan, Park and Recreation Coordinator
February 22, L991
SUBJ :and Trail
This subdivision was reviewed by the Park and Recreation Conmission
on August 21 and Septenber 25, 1990. The report presented to the
Cornmission on septenber 25 and the corresponding rnj.nutes areattached for your review. Upon conclusion of the discussion thatevening, the following notion was made and approved:
The Park and Recreation Comurission recommends that the CityCouncil require Lots 21, 22,23,24,25 and 26, BIock 3,Parcel 11 be dedicated as parkland. As part of thisdedication, the applicant will prepare the site according toa grading plan provided by the city. It is further
reconmended that the applicant construct a 5 ft. wide concretesidewalk along North Road and west Road and provide a 20 ft.trail easenent alonq Lake Riley Road and Lyman Boulevard. Inreturn for these requirements, the applicant will receive a
S410.00 credit on park dedication fees per 1ot and loOE credit
on trail dedication fees. The renaining $9O.OO per 1ot parkdedication fee will be collected as part of the buildingperrnit process.
Conditions were also recommended by the Planning Commission. These
cornbined conditions of approval resulted in revisions to theprelirninary p).at, The new preliminary plat dated January, 1991, isattached. This pLat conforns closely to the Park and Recreation
Cornmission requests, ho$rever, changes in the plat require an
amendment to the motion passed on september 25, L99o.
The area originally requested a park contained 2.26 acres,representing 828 of the original park requirernent. outlot B, as itis shown on the ne$, plat, contains L.89 acres or 758 of the 2.49acres of park which are now required for the nehr platconfiguration. As such, a 75t park credit or 9375 can be given,
Amendment to Motion Establ.ishing ParkDedication Fee Schedule - L,ake Riley H:,Is
7//
with the renaining 25t or $125 to be paid at the tine of buildingpermit applications. The other anendnent which is necessary is theomission of the language requiring a 20 ft. trail easenent alongLake Riley Road. This requirenent is being uret as part of theconditions of approval in the Senior plannerrs report.
Therefore, it is recomnended that the rnotion of September 25, 1990be rescinded and the following notion be approved:
Park and Recreation Commission
February 22, l99l
Page 2
The Park and Recreation conmission recornrnends that the cityCouncil require outlot B be dedicated as parkland. As part oithis dedication, the applicant wilI prepare the site ac-ordingto a gradingr plan provided by the city. It is furthei
reconmended that the applicant construct a 5 ft. wide concretesidewalk along the boulevard area on the south side of theproposed North Road and east side of West Road. In return forthese requirements, the applicant will receive a 9375.00credit on park dedication fees per Lot and lOOt credit ontrail dedication fees. The remaining 912S.00 park fee per lotis to be paid at the tine of building perrnit applications.
Note: Due to tine constraints, this itern was presented to the CityCouncil on February 25, L991 uith the park and recreatioirequirements being contingent on Commission approval on February26, t997.
Attac ments
Staff Report dated Septenber 25, L99O.Park and Recreation Comnission Minutes dated Septenber 25,L990.
Copy of new Prelininary plat dated January, 1991.copy of a portion of the Senior plannerrs Report addressing
Lyman Boulevard Right-of-way.
Meno to Jo Ann Olsen dated February 19, 1991.
l-
2
3
4
5
4CITY OF
EHINHISSEN
PRC DATE:
CC DATE:
EOFFMAN: K
9-25-90
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PROPOSAL:
LOCATION:Boul evard/ Lake
APPLICANT:
acres into 75 single fanily lots andTo subdivide ZB.Z44 outlots.
John Klingelhutz
350 E. Highway 212chaska, MN 5 5318
Northlrest
Riley Bou
of the intersection of LynanIevaral and south of Tigua Lane.
PRESENT ZONING:
PROPOSED ZONING:
AL'ACENT ZONING
AND LAND USE 3
COUPREIIENSIVE PLAN:
COI.IPREIIENS IVE TRAIL PLAN:
EXTSTING PARKS !
RsF, single Farnily Residential
Rsr', single FamiIy ResidentialDensity Residential and R-12, High
N - RSF, Rice lJake t{anors - A2 (Ag. Estate), Unplatted ResidentialE - R-12 (high density), Lakeview xills Apts.W - RSF andl A2, Unplatted Residential
Identifies this area as park deficient.
The current draft of the plan upatateidentifies the sections of r,ynan -OIvA.
anal Lake Riley Blvat. along the southernborder of this plat as phase III (2oOO-2010) additions to the cityrs trailsystem.
This prolierty ties within a parkdeficient area as def ineit iD both the1980 Comprehensive plan and the currentdraft of the plan upatate. Bandimere
STAFF REPORT
dedication. Mr. John Klingelhutz, the applicant. has also been incontact with me concerning this subdivision. Mr. Klingelhutzinitially was somewhat opposed to the dedication of park laid. Inconcluding our conversation, he said he would like to revi-ew theproposal, but seerned open to the issue of land dedication.
Park and Recreation Commission
September 25, I99O
Page 3
RECO E NDAT I ON
rn conversations with both Mr. Kringerhutz and Engerhardt andAssociates, the topic of sidewalks along North Road and west Roadwas discussed- rt is apparent that pedestrian walkways in theserocations wourd prove beneficial. t'laix Koegrer also me-ntioned theneed for sidewalks along these routes whLn reviewing this newIocation for the proposed park.
Progress in solidifying negotiations to neet the recreational needscreated by thj-s development is significant. City Code iltows fora requirernent of 2.76 acres of land be dedicated tor park purposesin thb devel-opment of parcer rr. parcer r wirr ue co'nsiaereoseparately in the event of future development. Lots 2l ,,22, 23,24, 25 and 26 consist of 2.26 acres whiih represents e2Z of tnerequirement. Therefore, it is recommended that the park andRecreation Comrnission require Lots 21. 22, 23, 24t 25 and 26, Block3, Parcel II be decricated as park land. e. part "i thisdedication, the appl-icant wilt piepare the site ai"orainq t" agrading plan provided by the city. rn return for this dedidation,the applicant wilr receive a s4to.oo credit on park rees ioi eacn
]"!: -.The rema.ininS $90.00 per l-ot to be collecled as part of thebuilding permit process. rt is further recomnended that theapplicant construct.a 5 ft. wide concrete sidewark "i""g N".ih nouaand west Road in lieu of trail fees.
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CHANHASSEN PARK AND RECREATION COI"II.IISSION
REGULAR I"IEETING
SEPTEMBER ?5, L99O
Chairman Mady called the meeting, to order at
T,IEI',tBERS PRESENT:Dawne Erhart, Jim Andreuls,
m
Pemr ick, Curt Robi nson,
7132 p
t^le ndyJim Hady, Larry Schroers and Jan Lash
STAFF PRESE NT:Todd Hoffman, Recreation Supervisor; and Jerry Ruegemer,Program Specialist
APPOI NT ACTING rR:Andrews moved, PemrickSchroers as Acting Chair for the meeting - .AlImotion carr ied unanimously.
seconded to appoi ntvoted in favor and
Larry
the
APPRoVAL oF HTNUTES: Mady moved, AndreeJs seconded to approve the Minutesof Lhe Park and Recreation Commission meeiing dated August 21, 1990 aspresented. AlL voted in favor and the motion carried unanimously.
RECONSIDER LOCATION OF PARK .LAKE RILEY HILLS
PubIic Present:
Name Address
John Klingelhutz 35O East Hwy. 212, Chaska
(The recording of the meeting t,as started at this point in the discussion _ )
Madv: --.we woul.d have taken the Iand first and money second so. But thisIooks Iike a good balance -
schroers: Are there any other questions or input from the commissioners?
Lash: I have one. I guess it's a question and a comment. In therecommendation Todd I didn,t see anything, and I don't know if I justmissed it, about putting trail along Lyman Blvd..
Hoffman: t^,ith the remainder of the pieces, part of the easement, it...tlhen l'lark brought his recommendation rast time, he talked about recordingthe easement. That r.,,as omitted in here but we would require the trai Ieasement along Lyman BIvd. and then as additional pieces would be looked atand the park is starting to be developed in 4 or 5 years and b,e starttaking a closer Iook aL each individual piece along Lyman givd., try toconnect those trail segments so hre can get that put in. yes, that,scorrect - t^Je would want to require a lrail easement on Lyman Brvd. as HeIras over at Ri ley.
Lash: Okay, that uras I guess my main concern and my understanding, uhen wehad some discussions about the comprehensive plan and hot^r iiairsspecificallv, hor.r we urere going to accomplish some of these things Lhat wewanted to try to accomplish when u,e urere prioritizing, I guess I kind ofthought mv undersLanding was that r.,e'd trv and take tisemEnts in a rot ofareas and correct as many fees as possible but then put Lhem on the busierroads. r uras thinking Lhis rooked kind of backwards. r mean we weren'tasking for easements or, trail on Lyman but then we were eutiing in the
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Park and Rec Commission Heeting
September 25, 1990 - pase 2
sidewal ks on the two residential streets and I was
seemed like it was backwards from the way I thoughtwith, take the easements on thd residential and the
Roads .
thinking that that
He Here trying to headtrails on the County
Hoffman: Yeah. It's the opinion of at least myself and the folks inengineering that in a new subdivision when you,re insLalling brand newroads, going ahead and putting the sidewalks in at the same time, it's acost saver. Let the peopre know up front who are moving in that there trilleventuall.y be a sidwalk in their front yard because it's there already whenthey're Iooking at their lots and then again the piece on Lyman, we ulouldjust take the easement at this time because it's not a new road. It's notjust being constructed and ue don,t have the means to connect that piece ina timery manner for a few years. you're correct, we have talked about thatin the past in some of the other subdivisions. Not taking the money thereand putting it, or just banking it and taking a Look at some Iargercollector routes and possibly getting them trails first before we go aheadand put sidewalks in subdivisions. But as far as getting them in andhaving the available for the future, at the lime the subdivision wasinitially, the ground was broken and the streets are laid in...that's thetime to put, those sidewalks in.
Schroers: Are you saying Todd that you hrant to add that easement to your
recommendation right nou?
Hoffman: Correct, Along Lyman BIvd. to Lake RiIey.
Mady: Did we not put those easements in last lime around?
Hoffman: Yeah. They were put into that-
Mady: Our recommendation last month was they uere already in there so nowaII we're really doing is re-evaluating the site of the park itself-
Hoffman: Correct.
Schroers:
easement?
Do you want that r.,ording in the recommendation to include the
Hoffman: Correct... Other questions from lhe commissioners?
Schroers: If not, is there anything ttr. Klinselhutz would like to add?
John Klingelhutz: Not really. f was a little surprised...
Mady: Between John and Todd, is it going to be possible for you suys toattempt to straighten out that jag in the park boundary by moving a ].otIine here or Lhere? EiII that be feasible? It'd jusL make it I thinkeasier for t-he residents and everyone to do that.
Hoffman: That's something we haven't lalked about. It's fairly minor. -.
Iike toSchroers: If there isn't anyentertain a motion on !his?
further discussion, would someone
Park and Rec Commission Heeting
September 25, 1990 - page 3
Schroers: Is Lhere a second for that?
Robi nson: I 'I I second it .
Mady: Okay, I'II try. I'lI move to recommend that the City take Lots 21 ,22, 23,24,25,26 as parkland in subdevelopment along urith $9O.OO per lotpark fee and that a sidewal k be constructed arong North Road and t^Jest Roadin Iieu of trail fees. That a trail easement be taking along Lake RileyRoad and Lyman Blvd..
l{ady moved, Robinson seconded that the park and Recreation commissionrecommend that the City require Lots 2L,22,23,24,25 and 26, Block 3,Parcel rr be dedicated as parkrand- As part of this dedication, theapplicant r.rilr prepare the site according to a grading pran provided by thecitv- rt is further recommended that the applicant construct a s foot ,liJ"-concrete sidewalk along North Road and Uest Road and provide a 20 foo!trail easement along Lake Riley Road and Lyman Boulevard- rn return forthese requirements, the applicant r,lilL receive a $41o.OO credit on prridedication fees per lot and 1oo? credit on trail dedication fees- Theremaining $9o.oo per lot park dedication fee uilr be collected as part ofthe Building Permit process. All voted in favor and the motion carriedunanimously.
ACAUTSITION OF HANDICAP ACCESSIBLE PLAYGROUND EOUIPHENT-
Hoffman: rtem 5 is kind of a neat item in the fact that we have an.opportunitv to purchase the first ever handicap equipment r.rhich wourd beinstalled in any city park in Chanhassen. As well we have the opportunity!o purchase and install a handicap accessibLe fishing pier...LakeSusan Park. As it sLates in the report, lhe amount that is availablethrough the Block Grant situation.,.avairable for housing ..nn"u"ii"n "nathaL Lvpe 'of thing- The housing situation in chanhass.nl ..t.k. advantageof that monev. The council acted at their Last meeting to ieappropriatethat money to these tuJo separate individual projects. The fishing pier atLake susan and the handicap accessible equipmeni. rn their conversationthat eveniug, they tried to decide ,hich location would be best. AtLake Susan, which is just an up and coming park or at Lake Ann park whichis a proven park and generates a lot of activity and a lot of use and theywanted to determine which park would be the most appropriate site for thatequipment. It's my belief that Lake Susan park, with space availablethere. rhe facirities which are currently beins instalied "a i;i;-a;="r,that that park would be, next summer and t.he few years aftei that will bejust as busy as Lake Ann park is currently. It,s real close to theindustrial business and it's going to get a lot of use from there. As urell -we have the next park shelter, which. . .constant use by group picnics andthat tvpe of lhing and we have a lot of space there. ri you've been outthere recently you've seen the addition to the playground area and there,sa lot of space to the south and to the uJest of that. That area foradditional expansion urhich can be put in future years as moie runds becomeavailabre. r'd stiII rike Lhe commission to discuss the pios and cons oneach.--and once we decide the ]ocations, we'tI work with the...Mark roegler -is Iooking at different companies which purchases this iyp.-"r equipmenifrom and probably go ahead and...
CITY OF
cHfll{H[ssEN
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(61 2) 937-1900 . FAX (612) 937-5739
MEMORANDUITl
TO:
FROM :
DATE:
SUBJ :
JoAnn 01sen, Senior Planner
Todd Hoffman, Park and Recreation
February 19, 19 91
Park and TraiI Dedication anal FeesPlanning Case 90-10 SUB
Coordinator
Lake Riley HiIls,
This proposed subdivision was reviewed by the park and Recreationcommission on August 2l and september 25. Lg9c. A recorunendationwas made t9 t.he City Council on September 25 in relation to parkand trail dedication and fees. Action taken that evening remainsvalid; however, changes to the preliminary plat require inadjustment in the park fees.
The preliminary plat datetl January, 1991 designates Out1ot B asparkland which closely corresponds with the Commisssionrsrequest. Horarever, the realuction in size of the area requested.for park requires an increase in recommended park fees ior thissubdivision. Outlot B represents 75S of the total parklandrequireC of this subdivision. Therefore, the remaining 25t, or$125.00 per lot, will be charged at the time of builtting peimitappl i cat ions.
The remainder of the September 25. L990 recommendation remainsessentially unchanged. As part of the park dedication, theapplicant wiIl prepare the site according to a grading plan providedby the City. The appticant wiII construct a 5 ioot widL concretesidewalk along North Road and West Road in lieu of trail deilica-tion fees. It is importanE to note that these requirementspertain only to the 78.32 acres proposed for development at thistime.
As previously discussed, the changes in park and trail requirementsoutlined in this memo are subjeet to the approval of the iark andRecreation commission. The commission will review this amendmentat their February 26. l-99L meeting.
Dtte' F"brr""y 4, 1g91
Io: DeveloErnent plan ReJerral Agencies
Fron: Planning DepartnEnt
City of Chanhassen
590 Coulter Drive, p.O. Box I47
Chanhassel, I'{N 55317
( 512 ) 937-1900
Subject:
tv 7dn d RSF nd 'l or ted irr sor rt of Ti ua Lane . John
Planning Case:n-10 sr rRq
1. City DepartrEnts €r-
City Engi.neer
City Attorney
City Park Director
Public Safety Director
Building Inspector
MN Dept. of Natural ResourcEs
Telephone Ccrpany
( lilW Be1I or United)
Electlic Corpany
(NSP or I'lN Vauey)
DOTIDEN Cable Systen
Roger litachneierAim Anderson
U. S. Fish ant Wildlife
CarveJ County Engineer
I
9
@., Watersned District Engineer
3. Soil Conserwation Service
(t MN Dept. of Transportation
5. U.S. Army Corps of Engineers
5. Minnegascr
10.
11.
L2.
13.
14.
Other
BY: Jo Ann 01sen. Seni er
t+- I Qi l Hi'r'rc
IiiiTltt:'ii*:::*Tii::,ff '":H:ffi .":".r,?1,"uf;",,m.,nysa.',as
rn order for us to orovide a ccnplete analysis of issues for planning ccsmissionand City Council re'vier, we
-
nould appreciate your cofiEnts and recrcnnendationsconcerning the turpact of rhis propolir on ftaific "ii*r.u*, .iiJilG-""a p._posed future utility services,- st-orm water drainage, and the need for ioquiring3*ll:,1=u",.::_:":=:: for park sites, streei-&i*;i;;-LpiiJit", -auErJ.lEres. where specifig n€s or problerns exist, we roo'Id like'to hEve awritten report to this effect frcrn tie "g*ry *na=rned so that we can nake areccfiErerdation to the planning @nnissioi
"r,it City Cor:nciL.
This application is scheduled for consideration by the chanhassen. citv councit' cn Februarv 2l!!_ at 7:30 p.rn. in ii," c"*"if CtJiU*t"jtchanhassen city_tr.tll:*Ee ,o-r-utd appreciatl'rec;i;; ;;-;H?i!E ii r"*than Fer.,.,,^", 1R*x . .
Your coo;:eration and assistance is greatly appreciated.
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Lake Riley Hi11s
February 25, L99l
Page 7
centerl ine ) .
of -lra
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fn comparing the proposed plat subnitted trith the County half-sections, staff is unable to deterroine lrhether a 33 foot r.ride
segment of land along the north half of Lynan Boulevard has beenpreviously acquired as right-of-r,ray or acguired by easement.Nevertheless, prelirninary results contained in the Eastern carvercounty Transportation study (excerpts attached) point to trafficvolunes in excess of 7r4OO ADT for this roadway. Itrscharacteristics rank it as a Dinor arterial, C]ass If thich witlrequire a 120 foot right-of-uay (60 feet on each side of thet is therefore necessa that a 60 foot wide ri ht-rante a on9 e sou ern o ero e ro ose a tdth w ou soa O1., l-ncorporat
Lyman Boulevard.
ono e ure ra on ;
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The aforementioned transportation study designated the segment ofLake Riley Boulevard north of L)aran Boulevard aLso as a ninorarterial, Class II road\.ray. Therefore, a 120 foot wide right-of-way will also be required for this road segment. this width woul.dincorporate the future trail. Thus a separlte trail easement wouldnot be necessary. The applicant has prcvided the 120 foot wideright-of-way for L)rman Boulevard inprove:nents. This right-of-waywill also accomnodate safety lrnprovernents at the LyrnanBoulevard/west road intersection in the form of a right turn laneand bypass 1ane.
The ordinance requires that a urinirnun center tine offset distanceof intersections be 3oO feet. Therefore, the applicant will. haveto shift the intersection of south road and west rbad approxirnatery80 feet to the north or receive a variance. the locition of thesouth road provides lots with adequate area for developnent withoutinpacting the wetland. since stritting the intersettion to ttrenorth would result in a nore closer inpact to the wetland, staffr.rould be in favor of a variance to arlo* the south road to ir..r" unoffset of 220 feet.
fnitially, tlr. gn1y access to the site uil1 be fron L)rnanBoulevard. when future dev€ropnent occurs around this site, iL isanticipated that North Road will be extended both to the eist anarrest and provide additionar access points to the subdivision.until the North Road is extended in th]" future, tenporiry-crr-a"-sacs will be required to be installed at the' endi of €he NorttrRoad. Barricades will also be required to be instalred at thetemporary cul-de-sacs and they wil]-be signed desiqnatinq then tobe.only temporary and a future road extension. outi;a ol-wtlcn i=being separated frorTr the -rest of the property by the imirovenentsfor Hwy- 2r2, is currently designated aJ un6uiiaaureiia-wirr rcplatted in the future. At that tlme street connections io t'trE sitewill be reviewed.
#690 COULTER DRIVE. PO. BOX 147 . CHANHASSEN,, MINNESOTA 55317
(612) 937-1 900 . FAX (612) 937-5739
CITY OF
CH,[NH,[EEEN
Z/
I.{EIIIORANDUU
TO: JoAnn O1sen, Senior planner
FROM: Todd llof fman, palk and Recreation
DA?E: February 19, 1991
SUBJ: Park anil Trail Dedication and FeesPlanning Case 90-I0 SUB
Coord i na tor
Lake Riley Hi11s,
esignates Outlot B ase Commisssion'sf the area requested
ed park fees for thishe total parklandthe remaining 25t, or
me of building permit
This proposed subdivision was reviewed by the park and Recreationcomrnission on August 21 and september 25-, rg9c. a recommenaationwas made- tg !!" City Council on September 25 in refation io-parrand trail dedication and fees. ection taken that a;.;i;q-;.;;i;,valid; howeve!, changes,to the preliminary plat reguir. in --
adjustment in the park fees.
The preliminary plat dated January, 1991 dparkland which closely correspond! with threquest. However, the reduction in size ofor park requires an increase in recommendsubdivision. Outlot B represents 75t of trequireC of this subdivision. Therefore,SI25.00 per Iot, will be charged at the tiapplications.
The remainder of the septenber 25, rggo recommendation remainsessencially.unchangeil. As part of the park dedication, itre-fpplicant wirr prepare the site accordiirg to a grading plan providedby_the_city. The applicanr wirr constru;t a s iooi ,iaE-ion"r.t.sidewark along North Roait and west Road in lieu or triii a.dr""-tion fees. It is importanr to note that these ,.q,rirerenii-pertain only to the 28.32 acres proposed for ae"eiop*eni'-it ttri"time.
As previousry discussed, the- changes in park and trail requirementsoutlined in this meno are subject to the approval of the iark andRecreation commission. The comnission wili- review ttr i i -arnenament
at. their February 26, !99L meeting.
j7j;
CITY OF
EH[[IH[SEEN
690 COULTER DRIVE. PO. BOX 147 . CHANHASSEN, MINNESOTA 55317
(512) 937-1900. FAX (512) 937-5739
MEMORANDUI.,t
TO: Park and Recreation Commission
FROM: Todd Hoffman, Park and Recreation Coordinator
DATE: February 14, 19 91
SUBJ: City Center Park Playground Advisory Committee
The 1991 Capital Improvement Program (CIP) identifies an expen-iliture of up to $40,000 for the purchase of play equipment forCity Center Park. Planning for this new play area will be adetailed process. The development of an atlvisory committee con-sisting of 2 representatives of the Chanhassen APT and 2 members
of the Park and Recreation Conmission to study aI1 the issues
relating to this improvement project is recommended.
I had the opportunity to meet with the fu11 boartl of the
Chanhassen APT on Monday, February 11, 1991. At the close ofthis meetingr Sue Hoff antl Bonnie Coffee were named, respect-ively, as a parent and teacher representative for the committee.I recommend the Park and Recreation Commission also elect trrro
commissioners to participate on this committee. I have prelimi-
narily targeted May 15, 1991 as the nordern date for the new play
equipment. I r,{ould anticipate the advisory com,nittee woulal meet
four to six times prior to this date.
I have enclosed a list of ten steps in creating a successful
playground for your reference.
I
/
CREATTNG A AI'CCEASTUIJ PIiYGROI'ND
1. Site Analysis:
- lilust be highly vlsible- Stable and rrell draining soils- Alray fron utilitieE
2. User Analysis:
- Involve planning groups
- Devel.op pride in the playground
- Designer nust seek anauers fron the ueer group for questionssuch as: Ithere should the playground be located? whatshould it look llke? I{hat uaterlils should be used? Whatkind of activities/apparatus ehould or rhould not beincluded? t{hat t)t)e of safety surface Ehould be u3ed? t{hoshouLd the landscape architect and equipnent supplier be?
EquipDent Selection:
- segregated indlvidual. conponents or continuous play?
PIay Value Analysis:
- Assess each play event as to its active, social and creativeplay value:
3
5
Active Play:
Social Play:
Creative Play:
Develop coordination, balance andstrength
Encourage group Lnteraction andrelationstrip play
Provide an opportunlty for children touse their inagination
Age Appropriateness:
- cenerally speaklng, a single play structure can provide asafe play experience for chlldren ln a 4-6 year aie range.
Equipnent Details:
- Haterial- Structural integrlty- Resilient coatings- Are there hazardous protrusions or trap areas- conpare swing hangers, chains and eeatl-. Conpare delivery, installation and naintenance costa
4
5.
7. Safety Surface:
- Sand, bark, pea gravel
- Synthetic- Falls to the surfabe account for 70t of aII playground
accidents
8. Adjacent Areas:
- Sitting areas- Bicycle racks and parking
- Uulti-purpose paved area for ganes
9. Specifying the Design:
- Prepare detailed plans and specifications- Receive authorization to seek bids- Evaluate bids and recommend supplier
10. Installation and Dlaintenance:
- Quality installation is essential- Include new playground in overall mai.ntenance progran
?
EH.[NH[ESEN
690 COULTER DRIVE. PO. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1 900 . FAX (61 2) 937-5739
MEMORANDUM
TO: Todd Ilof fman, Park and Recreation Coordinator
FRO!,[: Jerry Ruegemer, Recreation Supervisor
DATE: February 2L, L99L
SUBJ: Park and Recreation After Hours Information Phone Line
With the population of Chanhassen constantly growing, it is cer-tain that the recreation population will grow also. With this
const.ant grosrth in recreation programs, it is very important to
have as many channele of communication as possible to relayinformation to the participants in our recreation programs. One
communication feature would be an after hours information phoneIine. The phone line woulil be used to inform Chanhassen resi-dents of program times, changes and. cancelations, up-to-datesoftball information, i.e: game changes, rainout information,etc.
In gathering information regarding the phone line, I contactedvarious types of communicative businesses, such as; operatorservices, companies adding extra phone lines and voice mail
system companies. In comparing the differen! businesses, there
was qui.te a price difference for the services rendereC. Theprices included a1l installation and set up fees and monthlycharges. Phone quotes were received from the businesses listedbelow. The information receivetl includes the actual cost to set
up and maintain the phone line on a nonthly basis.
Gemini communicators
2p
US west Business Lines
Minnesota Comm. Paging
20 second greeting
20 second message
I2 hour retention
$49.00 per month
60.00 per month
$20.00 per month
25.0C installation
ss3. 0s
34.00
per monthinstallation
0
95
- 90
- 13s
ca 11s
ca 11s
er month
nstal lation
pi$12.00
10.00
CITY OF
Enhanced Telemanagement Inc.
Voice Cast - Forwards callsto a recorder
Todd Hoffman
February 2l , L99L
Page 2
Air Signal
30 second greeting
30 second message
12 hour retention
$12.00 per month
no i nstal lat ion
$ 5.00 per month
no i ns ta1lat ion
In reviewing the pricing information, it is quite obvious that
American Paging is the lowest price per month for adding aninformation phone line.
Looking back to last summer, a 1ot of phone caLls were taken
regarding the status on programs and softball games. Aalding theinformational phone line woultl not only aild another service for
Chanhassen residents, but it would also save on staff time
having to answer these types of calls.
It is staff's recommendation to implement the after hours
mation phone line for this spring and summerrs activities
accept the quote of $5.00 per month from American Paging
Corporation.
infor-
and t.o
American Paging
60 second greeti ng
30 second message
24 hour or 9 day retention
CITY OF
EH,[NH[SSEN
690 COULTER DRIVE ' PO. BOX .I47 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMORANDUM
TO: Todd Hoffman, Park and Recreation Cooralinator
The bids for the annual 4th of July celebration were due by
February 15, 1991 . The companies that were asked to bid were;
Banner Firehrorks Display, Arrowhead Fireworks Company, Inc. and
Americana Fireworks Display Company. Banner and Arrowhead both
submitted bids by the deadline date, but Americana did not. Thebid for Banner was $5190.00, which includes $300,000 public
liability and property damage insurance and Arrowheadrs bid was
$5000.00 which also includes the $300,000 liability insurance and
operators to set up and fire the display.
Banner Fireworks Display Company has presented the Chanhassen
fireworks disptay since the inception of the annual celebration.
Even though they are slightly higher in price than Arrowheail, thequality of their shows and Banner's good reputation with the City
compensates for the $190.00 price difference. It is staff's
reconmendation to accept Banner Fireworksr bid of $5190.00 to
perform at the 4th of JuIy celebration.
7KFROM: Jerry Ruegemer, Recreation Supervisor
DATE: February 2l , 1-99J.
SUBJ: 4th of JuIy Fireworks Contract
ADUINISTRATIVE SECTION
Memo to Public Safety Cornnission and Park and Recreati,on Commissiondated January 30, 1,991.
Memo to Park and Recreation Corunission re: South Lotus Boat AccessSite and Drainage Study dated January 15, 1991 with attachments.
l{emo to Park and Recreation Commission re: Hernan Fie1d park Accessand Initial Development PIan dated January 17, 1991.
I'lemo to Don Ashworth re: tlonetary Gift from the Chaska Lions Clubdated February 4, L991.
Letter from Roger HoLnes, DNR dated January 25, 199L.
Letter to cayle Degler dated January 28, 1991.
Keep Up dated February, 1991.
Artj.cle entitled 'rlake Quality fmprovenent Probably Temporaryrr.
ArticLe entitled t'Packaging a Park: The Economics of Recreationtlfron American City and County dated January, 1991.
Article entitled 'rPark Standards Are Up
December, 1,99 0 Planning rnagTaz ine.
i-n the Airtt f ron the
.122/
CH[NH[SSEN
690 COULTEB DRIVE . PO. BOX 147 . CHANHASSEN, MINNESOTA 55317
(61 2) 937-1 900 . FAX (612) 937-5739
TO
MEMORANDUM
DATE :
SUBJ:
Publ ic Safety CommissionPark and Recreation Commission
Todd Hoffman, Park and Recreation Coordinator
January 30, 1991
Joint Public Safety/Park and Recreation Meeting
This notice is to tentatively set our joint Deeting for ? pM onTuesday, April 9, in the basement training room at the ChanhassenFire Department. I am sending out this early notice so thatpeople can adjust their schedules accordingly; however, I nillnot confirn this meeting date until both Commissions have had achance to discuss at their February meetings. - _/J/-n'l$,""
CITY OF
qf 4FROM: Scott Harr, Public Safety Director
CITY OF
EII[NH[SEEN
2r/-// -
2<-
-- 2--ll:1/-
UE}IORANDI'}!
To: Park and Recreation ConnlssLon
FRou: Todd Hoffnan, Park and Recreation Coordinator
DATE: January 15, 1991
690 COULTER DRIVE. P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739 A: - . '.. ..-e*
3/617t-
-zfit
L-
i
SUBJ! South Iotus Lake Boat Access - Site and Drainage Study
The attached study was initiated by the City Engineering Departuentin a response to citizen and staff concerns over the appearance ofthe South Lotus Lake Boat Access slte. As noted in the backgroundsection of this study, the problens at the si.te are a direct resultof site revj.sions to an adjacent deveLopment, the disastrous stomof 1987 and the drought years that followed. Sinply put, Soutli
Lotus Lake Park has never developed into the beautiful facility itshould be.
The study outlines specific improvenents which are proposed tocorrect the situation. The purpose of these proposed iroprovenentsare tr^ro fo1d, to upgrade the drainage and runoff systens and to
remedy the parkrs unsightly appearance. This being the case, avariety of funding sources are available for this inprovenentproject. These include a $5rl77.ao soil correction service grant,
$24,000 from the envi.ronmental trust fund and a targeted anount ofup to $20,000 fron the Park Acguisition and Developnent Fund. Asthe estimated project cost is $40,587.00, the Park Acquisition andDevelophent Fund portion of the cost would start at 9111409.20.Increases in this anount Day occur as a result of projectadditions, cost over-runs, etc.
This project was not addressed as part of the 1991 budgetlngprocess. It would therefore, be necessary to anend the 1991Capital fnprovements Program to include a transfer out of S2O,oOoto estabLish a cIP Fund fron which to draw from in paying the
:'p?.k?" portion of this project. r apologize for not laareLsingthis iten as part of the 1991 budget discussions. I wa6 aware oithe proposed irnprovements prior to budget work sessions but as aresult of ny late involvenent in the project rras naive in regardsto the proposed funding sources. Houever, considering theimportance of these inprovenents, coupled with the availability of
CITY OF a-,
EH[NH[E$EN
690 COULTER DRIVE. P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
}{EMORANDt,lil
TO : Don Ashrrrorth, City Manager
FROM:
DATE:
SUBJ:
R
Todd Hoffman, park and Recreation Coordinuto. -T*L
February 21,19 91
Site and Drainage Study, South Lotus LakeAmendment to
Boat Access
I?t:, - Please bring your copy of the Site andt Drainagestudy fo! the gouth lJotus lJake Boat Access as included inthe February 11th packet. ff you cannot find your copy,please call. De.
Attached prease find Amendnent No. r. to the above mentioned -project. Per the request of Mayor Don Chmiel, the improvementproject as initialry prese:rted was revised enabling tire totatprobable cost estimate to be reduced while not conpionising theeffective life of the inprovements. specific guesti^ons raised at-the February L1, 1991 city councir neeting are- arso addressed inthe report. rt is ny betief that the totil estinated savings of57,275.0o for this project neets the desired intent oi thisamendment. Please note that the estinated expenditures from thePark Acquisition and Development Fund noh, totals 94,136.20.
econmenda tion
rt is recommended that the city council approve the south LotusLake Boat Access Site and Drainage Study as llnended; anend the 1991Park Acquisition and Development capital rmprovernent program toinclude expenditures .of up to $e,OOo tor this p."f".t; andauthorize the preparation of plans and specification3. -
February 20, 199!
Mr . Todd IIof f man
Park & Recreation CoordinatorCity of Chanhassen
690 Coulter DriveP. O. Box 147
Chanhassen. MN 55 317
2.Revise outlet structure and pipe system. Cost savingsestimated to be $400.00.
VanDoren
HaZ'ard
Stallings,tnc.
A.chitsct6. EnSinsens . ptanneFs
Ref: Amendment No. 1
Site and Drainage Study
South Lotus Lake Boat Access
VHS Project No. 9 0-312
Dear Todd:
This letter is in response to your review comments and questions
concerning various aspects of the Study and Report. Firstly, wewish to clarify a statement we made about the detention ponds"frequently" overflowing. This comment was intended to illustratethe fact that the additional volume of storm water runoff wasexceeding the pond system capacity more often than initially-predicted. As is normal practice, these ponds were originallysized for the runoff from a 100 year storm. A 100 year storm meansthat there is a one (1) percent probability of the storm event tooccur - hence the saying "A 100 Year Storm. " With a largerdrainage area now upstrearn of the ponds, it takes a much smallerstorm to produce the same volume of runoff. These storms arepredicted to occur more frequently and in fact did occur on severaloccasions during the past 2 years.
Another matter concerned the proposed plant materiaLs. A11 plantmaterial meets the City ordinances concerning size. The "caliper,,inches are noted next to each species designation on the p1an. The
sumac ground cover is intended to improve the erosion resistance ofthe soil cover and will blend in rather well with the existingsumac on the hilIside.
The final issue is a response to an overall need to review proposedimprovements and trim project costs where possible. Ce would
recommend the followj-ng changes be rnade to reduce the cost whilenot reducing the effective life of the improvements:
1. Place l3r-ge size rip rap stones as slope protection along thesouth half of the lower retention pond in lieu of iieldstones. Cost savings are estimate to be 95,330.00.
3O3O llerh^r Lch6 N^,aL Etlr- tt c..:.^ rrr, rr:------r:- r.!
estimated to be 5400.00.
Enclosed please find a revised Estimate of probable Cost.revised Total Estimated Construction Cost is S33,314.0057,273.00 less than initially estimated. The reduced costattributable to the following -items: .
Mr. Todd Ilof fman
February 20 t L99l
Page 2
Enclosure
RSE /ev
Item
Rip Rap Slope ProtectionOutlet Control Structure Revision
Cont ingency
P1ans, Specifications, Bidding,Staking and Inspection
The
or
is
1
2
3
4
s 5,330.00
400.00
573.00
$33,314.00
5,L77 .80
s24 .0 00.00
7 ,27 3.00
f inancing
TOTA], ESTIMATED SAVfNGS S
The reduced project cost will also favorably irnpact thein the following tnanner:
Total Estimated Project CostLess Soil Conservation Service GrantLess Environmental Trust Fund
Balance from Park Acguisition and Development Fund S 41136.20
These changes- have re-sulted- in a poeitive economic iurpact to theproject.. we hope we. have addresse-d your concerns sati'sfactorily.If you have any questions, please ca-II.
Sincerely,
vAN DOREN-HAZARD-STALLINGS. INC.
Oca_++ tla/^L
R. Scott Harri, P.E.
Savinqs
970.00
ESTIMATE OF PROBABLE COST
E st imated
Ouantitv
E stimated
Cost
Unit
CostItem
Remove and reconstruct upper
pond baffle and outlet control.
Regrade and clean upper pond.
Sod with 4 inches topsoil at
upper pond.
Catch basins
12" RCP.
Connect to existing CB's
Top dress, seed & mulch
Wood fiber blankets
Restore boat access islandwith rip rap and concrete curb.
Dredge and regrade pond bottom
and slopes of lower pond.
Rip Rap slope protection on
lowe': pond
Outlet Structure-Lower Pond
Sod with 4 inches topsoil atlower pond
Landscaping
2.
1
3
4.
5.
6.
7.
8.
o
400
2
20
2
1850
118 0
1,300.00
3,000.00
400.00
1,400.00
370.00
L,240 .O0
SY€
EAE
LFE
EAE
SY€
SY€
3.25lsY =
1,500/Ea =
20.00/L? =
700/EA =
0.20lsY =
1.05/sY =
10.
11.
Lump Sum = 1,950.00
120 cY e 7.00/cY = 840.00
L2.
13.
s5 cY € 75/cy =
LumP Sum =
300 sY Q 3.2s/sy =
LumP Sum =
4,125.00
3,600.00
975.00
2.700.00
=924,040.00
= 2,404.00
6 870.0
$33, 31{ . OO
14.
TOTAI ESTII{ATED CONSTRUCTION COST
Contingency ( 10t)
P1ans, Specifications,
Bidding, Staking and Inspection
TgTAt ESTTUATED PROJECT COST
Revised 2ll$l91
Lump Sum =$ 2,000.00
20 cY 8 7.00/CY = 140.00
ESTIMATE . FW4
City Council Heetj.ng - February ll, 1991
Request-to Extend Approval o{ Froht, Rear and both side yard uariances.Lake Riley BIvd., Janes Jessup
h
0rdinance Anrending Chapter 9,
Code, Second Reading.
9?47
Article 3 of the City Code Regarding the Fire
AIlou Eaj.ssion Control Testing Stations ase BH and IoP llistricts, Second Reading.
j. Zoning 0rdinance Amendment
Conditional Use pernits in
k. Approval. of Account s -
APPR SOUT US
to
th
City Council Hinutes dated January 28, l99l as anended by Councilaan llorkranon pages 18 and 19.
Park and Recreation Connission tlinutes dated January 22, L99f
All voted in favor end thc rotion crrrird unanirously.
x 0
tlavor chmiel: r pulled this off because r thought that there lere son,e specificthings of concern to De.- One of those being thi estiaate ot, prou.ui.
"o"tthat ue're looking totallv at this, the tot;l lstirated proje;t';t-i; 9oin9 torun roughlv about 340,587.00 and r think thera are sone ihing. in hera-trratcould be shaved a ]ittle. I,a looking at sone specifics ..gi.Uing iieta"ton.boulder uall that ue're lookine at as a little rip rapping;;r;-;i i[.-p".i. fnaddition to that, r knou that they'vc had sooe problenrs nittin "-"pi"ifi, ".""uhereby there uas a problem uith that 100 year storr caused sonre erosion uithina particular part. euite ironic ue had tro of those in one year. iuppos"arynot to happen uithin 100 vears but ue did have tuo rithin onl sp."iii"'ie"r.I've had some discussions uith Todd on this and I hrd one oit"i'qr."iion in tt"van0oren Report. page l. They indicate this additional area, in-if,e-i"stparagraph the fourth line froa the botton. The additionar aria-ta" caiseoretention ponds 1o frequentlv overflour causing erosion, "iair.nt iiion-JJposit sthroughout the project area. 0o you knou hou nany tines that Jia tipp"n Uychance?
Todd Hoffnran: To quantify the lord frequently?
llayor ChmieI: Yes.
Todd Hoffman: over the past, it lould just be an estiaated over tha prst 3years. specificallv r think uhat thev rere reporting on is the area Li-tto..tuo tioes. Other than that, unless ue'r. into a Z inch ;!in,-I-r;;I;n't ttinfthat ue're not going to overflou that upper !rea...correctiona thr), ;;;proposins uill handle. r,te arc restricted by the physical ;r;; ;hi;h-i;available there. corrections to that upper ar.a i,t,ict itei tio-ouiii.i]a u,.r"rirl help that so the frequencv of that ri).I 9o doun. rt"le "iiii-il"ii" "t"n""that ue nav have that overfrou in that upper parking but rit;s-nit -Jnirc re...cetting the !,ater dou,n to that lou area and then...Iooer toioing"ponJ"ii ort.That's uhere the oajor concern is.
ilayor Chmiel: Yeah, okay. f saa that financing the project can be funded froathe follouing. sources. lle havc the soil conseriation, Environareniar iirrt runo
2
I
t.
City Council lieeting February 11, 1991
VISITOR PRESENTaTIoN: None.
UB CH ING:ONS AA
TBA K REA EIlE OR LO
ANH SEN TA ND
Public Present:
address rn crosion problen
that area. Typically sunac
and Park Accuisition and Developnrent fund. I think rrhat I,d really like to seedone,ith this is for you to re-revieul this and see nhat re can do as far as thetotal dorlar expenditure is concerned. r knou that re're getting these dollarsbut ue have to !,atch everybody,s dollars all the ray around. I,d looked at acouple of the other things too Todd on that randscaping plan uith the trees ofuhat's existing to uhat's being proposed. r kno, re,re 9oin9 to take.soie ofthese from our ou,n tree farn and I see thai re,re 9oin9 io hive 5 spring snoucrabs, 6 seedless ash, 1 noruay aaple and l0 cut lJaf iuaac. fhe purpoJe torthat sumac in the location that they're talking, is that an erosi.on aiea-problem?
Todd Hoffnan: I don't believe that,s 9oin9 tonore of an aesthetic factor as you drive dJunplanted as an erosion control teasure.
AS
isn' t
llavor chmiel: rt keeps a certain aDount of ground froa eroding and gives usability to base r.,ith the roots. Root systen. That,s rhy I Uas rondering. Iguess basicallv those rere soae of ry, so'e of the question. ih"i-i-til. a" rnentioned and uourd like to see staff take rhis baci. ro"i-.i ii Ini-iiperurrycoare in uith a little better aspect. probabli cause foi-ihi". -iop"iuii, ,o,canbringthisbacktocounciluithina"o,piaof,"ek".
Todd Hoffman: tJe can bring it on the next tine. In t.lking to Scott Harri ofvan.Doren, Hazard today, ue did 9o over those alternatives. The stone'bourderuall. uras one of the arost aesthetically pleasing as uell the aost sturdy to keepthat uall up. There are other alternatir"s U"ing rip rap or...and re,ll take aLook at those and decide uhich one of those riri-u" it," i,i.."i'ipii"i 6iu, inthe ternrs of the dollar cost as yell as "".ring-tt, prrpo". -
rf,l.'f,
-
iJ lrl-t ryi nsto.obtain in retainine the inteerity of that..] rt is real i6hl i; ii.driveuray and ue do not uant it io bi
"roainc
-
unO..neat h the driveuay and causingsome structural. problens there so re have to co in "nj ao i;j;;-;;p;i;project.
llayor Chnriel: One of the other things I,d Iike tospecifications, bidding, staking "na-in"p""iion i"little bit high as far as I'n concerned.' s"-.it-tthat remain for the next Council aeenai. i-A.";it hat 's required.
Iook at as uell as plans andueII. I think that,s athat one I uould suggest that
t hink there,s any tction
AR 7SEH c
T D
i
641 Conestoga Truil0iana l1a as
3
/Dz//
CITY OF 4
CII[NH[ESEN
I,lEIUORANDI'}I
TO:
FROM:
DATE:January L7. L99L
SUBJ: Henoan Field Park Access and Initial Developnent plan
This iten was last addressed by the conmission on April 24, lggo.At that neeting, the Conmission authorized staff to have theproperty appraisals prepared and to enter into negotiations lriththe property owners for acquisition of an easenent alloning accessto the park. As this process was beginning, the City reCeived arequest from a qroup of residents in the area to vacate portions ofForest Avenue and Oriole Avenue. The City Councit addiessed thisrequest at trro Couneil ureetings and approved a revised version ofthis request on November 5, 1990. A copy of the report presentedthat evening by Jo Ann Olsen, Senior planner, is attached.
Tvro inportant conditions pertaining to the developnent of HermanField were included as conditions of approval foi this request,
].e. .1) the provision of a 40 foot ealernent across the weJterlylot line of Marcia Will Schiferle's property to provide access toHernan Fiel,d Park, and 2) the retention of the Oiio1e Lane right-of-way to protect existing storn sewer and to provide future trailaccess to the park. The easqnent and road vaeation docurnents willbe prepared, signed and recorded withln the next few weeks(Attachnent #2).
I,lith the issue of access to the park now solved, hre can moveforward with initial park developnent. A master park plan forHerman Field Park was developed and approved by the Commission andarea residents in 1989 and was revised in 1990 (Attachment #3).Additional. infonnation was collected through a survey conducted byvolunteers addressing the desires of the area residents in relationto the developnent of the park. The extent of work r{rh ich can becompleted this spring is only liroited by the constraints of the
S50,000 budgeted for developnent in 1991.
The residents in this area have been invited to the January 22ndneeting to a1low staff and the comnission to address any remiining
Park and Recreation conmission .,i E-t-'
/il| _
Todd Hoffnan, Park and Recreation Coordin"t"r/f *,,r-,
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612)937-1900.FAX(612)937-5739 ri'.'::'- :'--;.-:,i
l:..-.- .-.y' Db)AY--
ll::-' - - -[.i,r, -&'5-?l -_
-cl
-7D2r' -1aCITY OF
EH[I{H[ESEN
=r
r@-
590 COULTEH DRIVE ' PO. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
It{EMORANDU}.,t
TO:
FROM:
DATE :
SUBJ !
Don Ashworth, City Uanager
Toddl Hoffman, Park anil Recreation Coordinator
February 4, 19 91
Acceptance of Contribution from Chaska Lions
period 7/L/9O throughe $11700 to the Chanhassention of the proceedst Pauly's in Chanhassen.
il
CIub
i ,.r I
_a,ttt /Ll -.-_-
Please find attacheil a statement showing the Chaska Lions Chari-table Gambling contributions for the9/30/90. The Lions idish to contribut
Park anal Recreation Department, a por
received from their gaming activity a
ment and acqui s ition.
Recommendation:
The acceptance of this contribution would bring their totalcontributions to $84r600. This money is used for park develop-
at
ra
It is recommended that thcontribution and direct sofficers of the Chaska Liletter is attached.
eCtaf
ons
ity Counci If to mail aClub. A d
ccept this 9170 0
hank you letter to theft copy bf a thank you
c c
7 t,,lqt
t-
;
STATE OF
h0h0trs@T,iA
DEPARTMENT OF NATURAL RESOURCES
January 25, L99l
Todd Hof frflanCity of Chanhassen
690 Coulter Drive
Chanhassen, lilN 55 317
/z/,,t7
Roger Holnes, DirectorDivi.sion of Fish & r{ildl.ife
Department of Natural Resources
/Wi{/'d'
RECEIUEF
JAN 2 9 1991
Cll l ur r.n,.,, rr ra,l!E N
,990
AN EQUAL OPPOBTUNIry EMPLOYEB
DNR tNFoRMAIoN 500 LAFAYETTE ROAD . ST. PAUL, MINNESOTA. 55t55.40_
(612) 29G6157
Dear Todd:
Thank you for coning to the neeting on Eurasian waternri.lfoilnanagetnent last .Lreekend. The }evei of participation ind ttrequarity of ideas nade it one of the nost exiiting 'public ,."tirrg=I have attended.
Tom Sak, DNR,s Eurasian Waternrilfoil progran Coordinator, and therest of the tean that put Saturday,s nr;eting together'ai. frsycompiling neeting notes. As soon a! the notei are ready, we uittsend them to you. If you have any questions about the ireeting orthe Program, please caIl Ton at 1efJ1 297-}OZL.
Thank you very nuch for your concern and your dedication to!.tinnesota,s natural resourCes. I hope to s6e you at thi nextneet ing .
S incere ]y,
.?2o7
EH[NH[SEEN
January 28, L99L
Mr. cayLe Degler
1630 Lynan Blvd.
Chanhassen, l{N 55317
Dear Mr. Degler:
The City of Chanhassen Park Acguisition and Development Fund for
199L has been developed and approved by the City Council. f can
no!,, respond to your inguiry concerning the rental of park propertyin the Lake susan Hi11s West area for agricultural purposes. Ihave enclosed a copy of an aerial photograph showing theapproxinate boundaries of park Properties labeled rFtr, ttcfi and rrHrt
and the proposed park/open space labeled xErr. I wi1l brieflyoutline the current status of plans to develop these parcels forpark purposes.
outlot lrErr: Currently not under the ownership of the city.At such a tine uhen this parcel is deeded to the city, it witlbe left undeveloped as open space. The agricultural ]andwhich does exist within this parcel would then be used as atree farm or seeded with an appropriate cover crop.
Outlot rrFtr: Grading lrithin this parcet wi]l occur in thespring/sumner of 1991. Therefore, it j.s not available foragricultural purposes.
Finish grading for park purposes will begin in1991. The installation of a play area/ba11fie1dNo portion of this parcel is available for
PUrposes.
Outlot crthe spring ofwill foIlow.agricultural
outlot ltHtr: Circumstances pertaining to Outlot H are unclearat this tine. The parcel is under ownerslrip of the city anda master park plan has been approved for this site. Thecoordination of grading for thiq parcel will occur in the nearfuture. Allowing agricultural crops to be cultivated onOutlot H would hinder progress in this regard.
Pursuant to what is outlined above, none of the park property inthis area is available for cultivation. However] f wi:.t- contact
CITY OF
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
February'1991 KeepingAF
Boardsmanship. ..
by Dr. T.d Flickinglr, CAE IAPD Eleculiye
OirGctor and iranaging Edilor.
From lllinois Parks & Recrcalion January/
February 1990 Volume 21, Numbet 1
What makes an ellective park, rccrcalion
ot conseruation agency boad?
Serving ona board should bepersonally
rewarding and enjoyable. For this lo take
place, a board member must otten make
p€rsonal sacrifices and overlook minor
grievances. Boards thal are etlective and
enjoy one another's company pGsessthe
,ollowing qualities:
1. Every board member accapts allother
board members regardless ol their
socio-economic stalus, race, sex or
religious preterences.
2. Each board member appreciates the
strenglhs and tolerales the weaknesses
of lellow board members.
3. A board member respects the opinion
ol fellow board members even when
th6re is a disagreement.
4. A board member willsupport the deci-
sions orthe board as a whole even when
thedecision is in opposilion of hisor her
opinion, regardless ol the closeness ot
the lirst vote. Here the board member
recognizes that the whole board ismore
imporlanl than any ol ils parts.
5. Board members will make an extra
eltort lo communicate with one anolher
and attempt to undersland another
board member's views.
6. Board members understand that
compromise decisions are the right
decisions.
7. Each board member recognizes that it
is ollen as healthy to disagree as to
a9ree.
8. Each board member agrees to an
acceptance oI, and contorm ity to, a code
ol behavior related to the interaction oI
board members. This code involves
courtesy, selt-discipline, itonesty and
respect
9. The board members and thegxecutive
identify a clear detinition ot rasponsibili-
ties so that each board member and the
executive know what is sxpected ol
th6m.
10. A board member complemenls the
work ol tellow board members.
11. A board member atlends educational
meelings organized by the state and
national associations, and compares
notes on boardsmanship.
12. A board members'time and talents
should not be wasted. Meetings are
conducted wilh meaningful dialogue
and address issues.
13. Board members complete tasks as-
signed to them on time and with sound
rgasoning.
14. Board members believe lhey are
wanted and their services are appre-
ciatsd.
..GET SMART"
1991 Continuing Education Opportunities
./2r/
page 5
IN MINNESOTA
February 6-6
Minnesota State Bicycte Conlerence
Location: St Paul Hotel
Contact Greg Pates-296-t 650
Co-sponsored by MRPA and Mionesota
Deparlment ol Transportation
FGbruary 12
MRPA's Annual National Youth Sports
Coaches Association (NYSCA) Confer-
ence al Courage Center,3915 Gold€n
Valley Eoad, Golden Valley, MN g:OO
a.m.-4:30 p.m.
Contact Carrie Wagner at MRPA ollice
Usrch 2l-22
An IPD by MRPA on "Economic Signiti-
cance ol Park and Recroation Services-
A Balancod Porspective"
Jointy sponsored byContinuing Education
Committee and Administrative Section.
Location; &ooklyn Park Community C€nter
Watch lqr regislration brochure.
Apdl t 1-12
Minnesola Stale Aquatic Conference al
Mankato State University, Co-sponsored
by MRPAand MAPERDAquaric Educa-
tors.
Watch lor program / reg istration brochure.
ll.y 8.10
Minnesota City M8nagers Association
Conlerance
Location: Cragun's Lodge
June 7
Summer Program Loadership Workshop,
Sponsored by MRPA Programming
Seclion. More inlormation later.
JunG lo-lE
Community Education Multi-Stale
Conlerence
Sponsored by Colloge ol St Thomas
Location: Madden's RBsort
Contact Diane Poegue-647-5352
OclobGr 17-ie
"BluePrints lor the Future"
Minnesota Communily Education Associ-
ation State Conlsrence
Location: Four Soasons Hotel, St Louis
Park
Contact &idget Gothberg-925-4300
l{ovemb.r 20.22
'Oualit Service-Challenging Our Limits"
1991 State MRPA Conlerence held al
Radisson Soulh Hotal in Bloomington
Rrc{
OUTSIDE OF MINNESOTA
February 15-20
1991 NRPA National Swimming Pool and
Aquatic Conterence
Localion: Sheraton Harbor lsland East
Holel, San Diego, CA
Contact Great Lakes Bogional Dircctor:
1-E00-843-7529
F.bnr.ry 17-22
School tor Managers ol Pubtic Aquatic
Facilities
Oglebay Park Whseling, WV
Contact NRPA
ll.rch t0-15
Revenue Sourcss Management School
Locstion: Whe€ling, WV
Contact NRPA
Aprll 7.10
"Becreation-The Key to Healthy Aging"
National Conrerence on Leisu16 & Aging
Location: Lincolnshire Marriott Resort
Lincolnshire,lL
Contact W6116r Johnson 1 -708-843-7529
Aprll Itl.l6
NRPA National Aquatic Management
School
Location: Beaver Run Resort in
Breckenridge, CO
contact walter Johnson t -70E-8/t3-7529
Apdl 29.tl.y 1
Midwest Symposium on Therapeutic
Becreation at Olympia Village Resort
and Conrerence Cenler in Oconomowoc
Wisconsin.
-
15. Board members are supplisd with
sutficient background inrormation (pro
and con) regarding an issue in ordertor
them to make intelligenl decisions. This
information should be supplied Bnough
in advance lhat he/she has sutficiont
timetostudythe issuesoalairdscision
can be reachgd.
16. The board is not dominated by the
chairman, by a clique of I lgw bosrd
members or by the executive.
Edward C Lindeman wrote in lhe
Procacdlngt ot the Nalional Conlsrence
ot Social Work, "Democracy and Social
Work",thalit is vi6lly importantlo practice
the proper use o, citizen participation
funclioning with democralic ideals. Hg
wrole: ". . . ln a democracy, powor mugl
always be tampered, must nsver b€come
absolute ortoo highly centralized. Exp€rB
and lhe experiences ol people need to be
brought anto working harmony... the
agencies and institutions which €mploy
skillad personnel must also be broughl
within the patlern ol dsmocracy. This
dsmocratizing process can become sllec-
live only when lechnicians march lorward
lolheirlasks wilh citizens on theirgide... "
L-t---!--.- - .
-The Council will bring sewral poposals
to the legislature in ths 1991 session.
Among them are lh€ lollowing:
Prcserving tarmland in the tfetIo
AEa-The Council is recommending that
lhe legislature set a minimum tax creditp€r acre for farmland onrolled in the
agricullural preserves program.
ln parl becaus€ Of rising tax rates Out-
side lh6 Metro Area-which arfec-r the cur-
renl ag preserves tar credit tormula-the
total credil paid to farm€6 dropped lrom
$650582 in 1986 to only $453E5 in 1990.
A minimum credit as high as $5 p€t
acre could b8 supported by the current
lunding source, a $5 l8e collecled by
Melro Area counties on deed translsra
and mortgage regislralions.
The tax incentive is needed to en-
Courago reenrollment in lhe program,
which is designed to ptesswo long-term
agticulture in tho sovgftcounty Mgtro
Atea.P!rk3 Operatlon and Malnte-,uncc-Ihe Council will encourage
Lake quatity improvement probably temporary
A sampling o, a Metropolitan Ar6a
lakes in 1990 sho,vsd some improvement
in water quelily, acco.ding io a aau Co(,n-
cil reporl.
probably
Osgood,
AborBa!€rage rainlall in the spring and
early summer last yea, caused high 1|ol,r,s
into and out of lakes, tlushing away large
amounts ol nutrienls and algae, he said.
The delayed algae bloohs caused.
g€nerally clear waters compa,ed to
preuous years.
Thes€ srents illustrate th€ value ol
long-term moniloring for tracking trendsin lake quality, Osgood said. ll
Meeting set on health board ]o
TheCouncil and its Metropolilan
Planning Boaidu,ii hd
Ho$reve( th6 improvement is
a onctime event, said Oick
Council planner.
page &
on Thursday, Jan. 31, to receive com-
ments on the draft report "Medical
Technology: A Regional Prescription"
(sea slory pg. l). .
ThB health board's reporl proposes a
\oluntary crmmunily forum ol health care
providers, consumers, payars and others
lo make recommendations on the ap-
propriale dittusion of high-cost m€dical
technologies in tha Twin Cities
Metropolitan Arga.Al ths meeting, the health board
Gouncil candidates may speak at meetings
Three public me€lings have been s€t
by the Governor's Nominating Comminee
lo h6ar statements lrom or on behall o,
candidates lor nine seats on the
Melropolitan Council. Th€y ar6 as lollotys:
Monday, Feb.4 - For candidates for
Council Districts 2, 7, I and 10; in the
Council Chambers at MeaG Park Centre,
230 E. Fitth St., St. Pau,.
lirasdav Fah 5 . F.!. candidates in
it&;r6;;;6 ;oiia irlo'ii",J'16'-n'"et
more stringent standards for on.sile
serflagedisposal systems. such as having
a second, backup draintiald localion lor
seplic-tank syslems, and well.tssting at
lhe poinl of sale. .. f
osa
explain the report's tindings and
recommsndations, atter which public
comments will be heard. The meeting will
b6 held at 4 p.m- in the Councll
Chambers, Mea6 Part Centre, 230 E.
Firrh Sl., Sl. Paul.. To regisler in advanca to speak, please
call Bernadine Scon at 291€42/. Written
comments arg also welcome. Address
them by Feb. 10 to Carole Pelsrson,
Melopolitan Council, Mears Parl C6nl.3,
230 E. Fitlh St., St. Paul, 55101.
For a copy ol the report, s8€ "N€!,v
Puuications' on page I !
moro intormalion, call Jan Reak in Gov.
Arne Cadson's otlice at 29640/7.
Gor. Cadson will make the appoiril-
ments. Council members serve four.yea(
part.lima tsrms. The full Council meels
twice monthly and its four standing com-
mittees moet waekly.
The Council plans for lhs luture ol the'
seven.county Metropolilan Arca. ll is -
authoriz€d bv slate and ledoral lew to olan
z;;'t
In a move to rcduce its role in thc ans,
the Metrcpolitan Couniil has contracted
with a nerr, privar. .nonprofit agency !o
carry out tts ans actlvrlles.
Applicans for an grans in the sevcn-
county Mero Area should now call the
Metropolitan Regional Arts Council
(MRAC) at 292-8010 for informarion and
applications. The MRACT office is locarcd
in downtorrn St. hul's l,owenorvn area.
Shelley Gr6enuood is executive direator
of the.new organization. She \yas most
r€cendy head of the Minnesoa Conser-
nory of krforming Ans in St. Ihul. She
is joined on thc staff by Soyini Guyton,
former Metro Council arts plann€r
Thc chair ofthe MRAC's board ofdirec-
ors is H. Yronne Cheek, dircctor of thc
Citizen Education Program at the Hum-
phrey lnslitutc of Public Affairs ar thc
University of Minnesoa.
Under thc six-month contract. thc
MRAC will providc scrviccs to art
organizations ard the an community in thc
Mero Area. Thc MRAC will accept grant
FOfUm rrom pase l
a
rr
I\(
a
the legislature to increase ils annual aP-
proprialion br operation and maintenance
ol lhe regional parks trom the currenl S3
million annually lo $4 million. Ooing so
would mean the state would pay about 10
pe.cenl of these cosis- Park use has be6n
increasing, which has led lo higher
maintenance and operating costs.
W!3hington County Section E Hous-ing Progrsm-The -county wants to
opsralo a Section 8 rent assistance pro.
gram indEpendent ol th6 Council's Metro
llousing and Bedevelopment Authority
(HBA). Lsgislation is equir€d to allo,v this.
Dakota ahd Scon Counties also ad-'
minister lhe rent assistanc€ program
through thair HFlAs.
Tho Council is awaiting th6 report oliB Regional .Housing Task Force, sx-
p€cted in lal€ January to begin ,or-
mulating l€gislative recommendations in
the area ol housing. Arter public hearings,
the report is expecled to be tinalized inMarch. lJ
is adparern, when vie{ygd orer a longer
psriod of time, that many lakes are aclral.
ly deg.eding. h6 said. Th6 Councrl h..
been monitoring lake quality since '1980.
Little Long and Minna.rashla Lakes
yv6re tho cleanssl ol the 21 lakes studi6d
in '1990; Spring and Cedar Iskes were ths
worst. Three lakes monilored in l99G-
Bryant, Medicine and Riley-appear to b€
degrading Irom lheir already impaired
states.
For a copy of the report, A ,990 Study
ot the tlyatu Ouality ol 2f Metrcpolitan
Arca Ll,kes, s6€ "New Publications" on
c
tI
t\
ri.c
c
fi
+
gi
ca
h
al
Pri haie becn slow to limir
z
lc(
'bv
t;
sc;
itt
qu
.tlt
I
EmeEing medicat technologiear
ol discussion lor the communl I
the Metropolitan Health Planni..3
payment for .unprwen, expensivc or
duplicative technologies, the repon says.
MedicarE payment rales arc adjustcd casy
year o keep up with technological chan86
8rd inflatioo.
ctr
a.t,
EF
2
{
f
rtrem i,iaria. Fr5iif rriiiinsi*ir lgh!]i
in June, and final adoplion of MDIF
amandments is tentatively scheduled in
Julv
fhe Council is proposing to keop its
curent rural housing density standard,
which calls for no more than one
Gouncil seeks increase in agriculture credit
the national hcalth bill-$125 billion in
thc prolifcration of nsx,
is a lack of conarol by third-
rnsurers.
i
I
I
?,;:.')
,*.
.1
//22/
RECEiVf,F
JAN 3 0 1991
@ver
Story
Pqcl<qging A Pqrk:
The Economics Of
Recreqtion
Pork ond rec deporlments ore toking o businesslike opprooch in
lheir boltle lor bucks in Americon cities ond counties.
By JenniJer Carlile, Assislont Editor
! n a capiraiisr cconomy, demand
! drives supply. The more people wantI a good.or scrvice, the more of it is
consumed. Although decreasing supply
increases price, consumers are willing to
pay for a good or scrvice if it is valua-
ble and has no closc substitute.
Economic thcory, while subscribed to
in the private sector, for the most part,
has not made a denl in the r{ay pa.ks
and recreation departments in Ameri-
can cities and countics are run or
funded. As a tcsult, these departmcnts
find themselvcs battling for funds, of-
tcn against serices such as Folic€ or firc
protcclion, which are justifird casily in
the eyes of councilpeople and citizcns.
Wcary of maintaining a dcfcnsivc po-
sition, many instcad have gonc on the
offense by prcsenting parks and recrca-
tion services as a valued and Dot-casily-
substituted cornerstone of local ccono-
mies,
Profcssionals in thc parks and rec
field long have argucd that thcir scrv-
iccs add to a community's quality of
lifc. According to a 1989 asscssment
donc in Grecnsboro, N.C., busincss
leaders rankcd parls and rccreation as
thc servicc most positivcly affectiDg a
good busincss climate. Howevcr, as
John Crornpton, professor of Recrca-
tion, Park and Tourism Scienccs st
Tcxas A&M Univcrsity says, "Unlcss
you can put e dollar valuc on it, you
will lose out to scrviccs that you can put
a dollar valuc on."
20
Because "quality of lifc" is difficrlt
to define, local parks officials are cr-
amining a mainstay of thc pdvatc scc-
tor - cconomic asscssments. Armcd
with details such as currcnt rDd poten-
tial attcndancr snd rEvcnuc that a park
or rccrcation facility drarys, as sEll rs
data on how thc rcvcnuc affccls thc lo-
cal economy, parks and tccrcation pro.
fessionals arc gctting somc much-necdcd
ammunition for thc gcncral fuod sars
that many fight.
Until rcccntly, ptivstc companies
conductcd most of the asscssmcnts and
feasibility studics for municipalitics.
Local govcrnmcnt! - parks end recrc-
ation dcpartments in particular - arc
notorious for managcmlnt practices
that rvould Dcvcr stand up kr the com-
petitivc privatc scctor, staff shortages
ard lack of cxpcnis€ ir methods of re-
search. When such studies were donc onr local lcvcl, lhey werc performcd by
largc county or statc departmcnts.
Thanks ao increasing computer litrracy
and assessment models such as a small
booklet availablc from thc ToroDto
Midstry ofTourism & Rccreation at thc
rccut Natiolal Recrcatiol & Parks As.
sociatior (NRPA) cxbibition in Phoe-
Dir, smallcr dcpartmcnts now havc thc
option.
The booklet, "Asscssieg lrnpact." is
a stcp-by-stcp tool that helps munici-
palities detcrminc how much revcnue
qlterin8 a community is attributablc to
its parks. Accordiog to many parks aDd
rcc professionals, such a tool is long
overduc.
"Wc'rc having more difficulty gct-
ting money for our budgct," says Barb
Schmidt, assistsnt dircctor of thc Da-
Iota County. Minn., Parks Dcpart-
mcnt. "That's why wc nccd romethinS
likc this cconomic assessment tool."
Locally run, or "discrctionary pro-
grams like parks and recrcatioE hayc r
difficult timc gctting funding q'hcn
money is tight," says Grcg Mact, di-
rcctor of the Deerby Ramsey County,
Minr., Parks and Re$cation Dcpart-
mcnt, which will be using the booklet as
wall. "Wc'rc wanting to colduct a
worlshop in l99l for the statc." The
workshop will include two mcmbus of
Am.rlcor Clly I Coudyruonuory l99t
'--rIP
e lJ I urr t,nn, "rrr,:sll
thc Toronto Parls and Rec Deparl-
mcnt.
Performing an economic assessment
is a prcventivc measurc for the Parks
snd Recrcatiol Departmcnt of Law-
rcnce, Kan. Thc departnrcnl has had no
problcm gctting funds, according to
Tom Wilkcrson, the assistant dircctor.
Lawrcnce, population 50,000, swells
to 75,000 rcsidcnts during the school
ycar, thanks to thc Universily of Kan-
sas. Part of Wilkcrson's agenda in-
cludcs using the ecoromic gssessmeDt
tool to find out how much the universi-
ty's sports programs affect the widcr
community cconomically,
Wilkerson, also president of the Kan-
sas Recrcation and Park Association, is
cncouraging othcr cities in thc state to
jump on the asscssmenl bandwagon and
hop.s the assessmenl proccss "will
snowball into a statewidc cffort,"
He recommcnds thc model to othcr
communities, cvcn thos€ whosc depart-
mcnts havc a g.Dcral grasp on their
contributions to thc local cconomy, Af-
tcr doing initial fad-Bathcring, Wilkcr-
son "sas surpriscd that (he) ovcrlookcd
somc aspects" of parks and rccreatiotr-
influenccd buying such as purchascs of
sthletic cquipmcnt in locil storcs.
"We always thirl sbout bringing in
outsidc dollars, but ttlc rnay bc sur-
priscd about what cffcct parls and rcc-
rcation programs havc on the local
community," hc says.
As cnlightencd profcssionals are
quick io point out, thc cconomic rsvcr,
bcrations from rccrcation scrviccs cx-
tcnd beyond uscr fccs. Joar Chaplick,
an outdoor rccrcation planner with thc.National Park Scrvicc in San Francisco-
discovcrcd this fact the summcr sht
lcarncd to play tcnnis.
Whcn shc bcgan taking Icssons at a
publicly run recrcation centcr, sh€ wa-
told thc evcragc cxpenditure for a be.
ginning tcnlis player for a summer was
3150, Aftcr figuring in thc cosr of les-
sons, cquipment, rxcrcisc clothin8 and-
rhoes, "l spcnt att avcrage of ljOO,"
shc says.
Activc rccrcation such es sports
leagucs and tcnnis lcssons make an of-
tcn idcntifiablc mark in local ccono-
mies, but passive rccrcation coDtributcs
!s clcll.
Passivc, or non-sltucturcd, rccrca--
lion, usually cc[tcrcd around I park,
can bc e rcal booD to rural arcas if adc-
quate hotcls, rcstaurants and shopping
arcas arc locatcd ncarby. Amcrica'r na-_
tional parls, for cramplc, oftcn lttract
visitors from othcr towtrs and slatrs. lf
a tourist visits for morc than onc day,
be has to havc lodging, *hcthcr in a
hotcl or a campsitc; hc has lo cat; and,-
gcncrally, hc will purchasc a fcw souve-
Dirs during his stay. Thcse basic erpen-
diturcs oftcr drivc economics in ..tour-
ist towns."
The World Tourism Ccntcr in Ma-
drid, Spain, reports that tourism pro-
duced 3469 billion in the Unitcd States
in 1987, much of it rclated to parks 8nd-
rccrcation serviccs.
Eve[ oneday attractioDs such as wa-
ter lrarks gencratc morc rcvenuc lhan a
mcre user fce indicatcs. Accordirg to-
William L. Haralson & Associates, a
Dallas-bascd cconomic consulting firm
spccializing in parks and tcctcation,
Bater parks generatc ebout 33 pcl hour -in visitor cxpenditures, not countirt
uscr fccs. As thc lenSth of stay itr-
srcases, so docs spcnding.
Oncc informatioB like this bccomes -publicly .ckDowlcdgcd, parts and rec-
rcation officials hopc to havc mor€ luck
with state and local governments. Ac-
cording to t*o NRPA survcys, 33?.27 -billion must be invcsted in statc and lo-
cal parks end rcc systcms through 1994
just to kecp up with public rccrcation
dcmand. Of ahis smount, S30.4 billion -is nerdcd for local goycrnme[ts' capjtal
invcstment nccds, which includc rcha.
bilitation, lsnd acquisition rnd dcvcl-
opmcnt.
O! avcrage, according to ahc surveys,
dmost half of total local agcncy capital
fundiDg comes from gcncral tat rcvc-
Duc, a littlc morc than 15 pcrccnt from -bond rcfercndums, 12 pcrcent from user
fecs, t perccnt from thc statcs, 3 per-
ccnl from thc federal govcrrmcDt,3
Frce[t from privatc gifts rnd 9 pcrcent -from othcr goufccs,
Shrinking budgcts havc causcd parks
rnd rccrcation pcrsonDel to lcevaluate
lhc way thcir dcpartrncnts opcrstc. In -lhc past, "svcrybody lookcd at govcrn-
lmcrlcon Clty 3 Countyponuory l?tt
lqndfill Turned lnlo Pork
Oml.ll:fH;",1ru;:*1;
community in Massachusctts to te-
claim a 5Gacrc municipal landfill for
rccrcational use.
Thc dcvclopDeDt of the formcr
landfill has increased thc city's open
space by 20 perccnt. The Mayor W.
Danehy Park Dow is the city's only
ycar-round, multi-purpose rccrca-
tio[ ccntcr, providing morc than 50
acres of activc and passivc rccrca-
tional facilities. For transforming a
uscd-up piece of carth into a com-
munity assct, Cambridge won first
place in the parks and rccrcation
category, sponsorcd by Curtis Mar-
lcting Corp., in American City &
Counly's l9 A*ards of Merit.
Morc than 8 decsdc of thou8ht
aad rcsearch wcot into creating the
park.
ln thr carly'80s the city bcSar
moniroring tile shc to evaiuaic con-
ditions and potential public health
risks. Arcas of investigation in-
cluded settlcment, methane gas mi-
Sration, covcr thickness, air and
lhs porl covci! 50 acrat
22
Sroundwatcr quality, redioactivity
itorm drainaic aod r..r,.g.t"iio;i
Rcsuhs indicated thc site r,as ..highly
suitable" for the new part.
So the proccss bcgan, Csmp
Drcsser & McKcc, th. city's lcad
consultant, plarncd thc dcvclopmcnt
in two phases. Phasc onc, complcted
in Septcmber 1990, iDcludcd vent
trcnch repair, sitc grading, site fenc-
ing, turf cstsblishmcnt alld plent-
ings, as well as building storm drain-
ag€ facilities, utility scrvices, parking
arcas, a comtort statiotr, multiplc
playing fields (socccr, football, sofG
ball and baseball), basketball courts,
jogging and biking paths rnd rot
lots.
"The likcs of all agcs wcre taken
into account" when planring thc
park, says Richard Rossi, dcputy city
manager.
Phase two, rchcduled for complc-
tion by summcr lggl, ilvolvcs rcno.
vating ar adjaccnt playficld and
scvcn-acre part. Tcnnis courts, r
running tract, sp€ctator stands and
a changing facility arc planncd for
lhe futurc, dcpcnding on Ettlemcnt
conditions.
In developing desiSn critcria for
thc park, the city sought input from
scvcral ociShborhood rssocirtions,
rrca schools atrd local and rtatc co-
vironmcntrl groups, Rossi lays crlc
xas takc[ in assuring city raridents
rhc landfill-turDcd-park rls sefc.
R6idents qcrc updatcd lhroughout
thc proccas; quGtions rrcrc raswcrcd
lnd sorrics wcrc put to tcst.
How is the parl doing? AccordiDg
to Rossi, "!t'3 Grosdcd cvcry siDglcdav-" tr
-Stephanie Thompson
ment as a loo-percenl frcc ride," says
Eric Rcickcl, parks and recrcation di-
rcctor for Lansing, Mich. ,,Now you'vc
got to justify much of what you do.',For Reickcl's d€partment, which
scrvcs a population of 130,000, this
mcant hiring an cconomic consultant to
do I fcasibiliry study for a proposed
crly-counly watcrpark. Workinc wilh
thc consulting firm convinccd him that
hc had to start running his dcpartmcnt
morc likc a business,
"Wc look at *hcthcr a project can at
lcast gcncrate some tcvcnuc," says Re-
iclel. While acknowledging that parks
and rccreation dcpartments must pro-
vide scrviccs for constitucnts who can-
not pay for thcm, his departmcnt Dcv-
erthclcss is lookin8 at incrcascd user fecsfor various activities. ln addition, he
plaos to use Toronto's cconomic assess-
ment model to det€rmine Lansin8's ec-
onomic multiplicr, and ho* much of it
is attributable directly to parks and rcc-
reation.
Multiplier was thc buzz*ord at last
year's parks and recreation cxhibition,
with whole scminars devotcd to the dif-
ficult-to-definc tcrm and its sigDifi-
cancc.
Thc multiplier cffect concerns r.vc-
nuc cntcring a local cconomy; specifi-
cally, how many timcs a doltar.,turns
over" or multiplies within the commu-
nity and what fraction of it rcmains in
lhe community. Although the potcntial
for attracting outsidc dollars throu8h
parks and recreation attractions is high,
the community's ability to .,keep,' lhat
money may not be.
"A community must have a big sup-
port structure to keep the dollar in the
community," says Crompton. Money
spent, for cxamplc, on a hotel stay ac-
tually may nor mulriply if the hotcl buys
its food and b€d linens from merchanrs
outside the community, he says. ln-
stead, that moncy leaks back out.
Arguing that multipliers may bc pcr-
ccived as arr economic panacca,
Crompton points out rural arcas may
not beDefit from a multiplier es much as
officials might think. "A mulriplicr l,ill
bc highcr in a larSe metropolitsn arca
bccausc it will havc morc supDort scrv-
ices. San Francisco claims ao havc amultiplicr of two," hc says, meaning
that cvcry dollar cntcring thc commu-
nity mulliplics twicc within thc com-
munity's cconomy. "For a small town,
the multiplier may bc .3."
For municipalitics that 8rc unablc to
hirc a consultant or p€rform thcir own
cconomic asscssmcnts, anothcr oplion
might bc using a rcscarch department
from a local collcge or univcrsity. Rob.
crl Arnold, dircctor of parks and rccrc-
ation for Fort Wayne, Ind,. uscd rc-
searchers from Michigan Stat€ U[iv.r-
sity to assess thc way his dcpartment
was run. A fcw years latcr, hc hircd an
cconomic consultant to pcrform fcasi-
bility t6ts for a uiater park, an ict arena
and a golf course, among other things.
Duc in part to sug8estions from thc
consultant, Arnold has added a four-
person rnarkcting division to the park
and recr€ation departmcnt. Thc divi-
sion develops a markcting plan and an
cnd-of-scason rcport otl cach project,
"Wc spcnd 57 million of tax moncy
(per ycar)," says Arnold. ..Wc owc it to
the taxpaycrs to run thc departme[t likc
a business."
ln kccping with this mindsct, Arnold
stresses both advcnising and usrr fees in
the parks and tec arena. ..Beforc, wcjust tool whatcvcr (advertising) was
free. No$ wc arc tryinS to think of
what a tr,rsiness would do. Now wc
kno* it's foolish not to advcrtise (our
services)," hc says.
Although criricizcd for his aggrcssivc
user-fec staoce - thc department gcn-
cratcs 35 pcrc€nt of its budget throu8h
uscr fees, rrith I goal of reaching 50
percent in two ycars - hc says his de-
partment has not forsakcn thosc who
cannot afford to pay by settirg up a
scholarship program that allots funding
for the disadvantagcd to usc on parls
and rcc serviccs.
"We fc€l uscrs apprcciat€ lhe value
morc rf,heo th€rc is some fcc,,' he says.
Arnold maintaios that parks should bc
frce but specific rccrcation activitics
should cntail Eome crprnse, Running a
Sovcrnment oflicc likc a business ..is Itrcod," hc says. '.The rccrcation dc-paflmcnt of th. past is a dinosaur,',
Thc recr€a::Jn departmc[t of thc fu-
turc is as yct undefincd, ahhough somc
drastic chan8cs arc in the making, Morc
involvcmcnt in social s€rvices is an in-
crcasing trcnd for parks and rccrcation
dspartmcnts, says Barry Tindall, dircc-
to, of public poticy for NRPA."ln Aurora, Colo,, the parks and
rccrcation dcpanmcnt makcs about
million a ycar in child carc revcDu6,"
bc says. Efforls to cunail the program
scrc mct by citizcn backlash. On a fcd-
eral lcvcl, Tindall says, last ycar HUD
fundcd a t2.,|-million program to scr up
sports programs in housing projecls.
As morc parks and recrcatior depart-
mcnts rc-cramine thcir programr,
mcthods and funding sourcts, ..a lot ofconvcntional eisdom will bc qucs-
tioned," hc says.
ln rhc battlc for bucks, parls and rcc
dcpartmcnts cannot afford to be lcft
cmpty-handcd. As thcy esscss thc cco-
nomics of running thcir dcpartmcnts,
meoy officials arc adopting business
pracliccs common to thc privatc sector.
ThrouSh cffective marlcting and rc-
search, uscr fces and more thoughtful
planning and programming, many dc-
paflmcnts arc winning funding batt|es.
Mark Tulcy, general managcr of Bur-
dcttc Park in Evansvillc, lnd., Eals sincr
insituting guidelincs set down by an ec-
onomic consultant, '.it's bcen a littlc
casicr to get money from (thc coun-
cil). "
But that is ell short-run economics,
and in thc short run at lcast onc varia-
blc, such as labor or funding, is lucd.
Operating in thc long run, whcrc svcry-
thiog is variable, is differcnt. As park
and rccrcation dcpartments !ssume
morc busincss-likc pcrsonas, lhey also
essumc thc distinctivc risks that bclong
lo the privste sector. Mcrging publii
scrvices with capilalist cconomics may
udtr funding battles, but the statisrics arc
Dot yct in on whcthcr or Dot such a
mcrgcr will win thc wer. O
25T15 80dr Avenue
Flonl Park, NY {1004
Tel.: (718) 347$969
Fax (718) 3478rc6
STANDING TALL ACROSS THE CONTINEM...SINCE 1958
I'ANUFACIUREi OF ALUUI}IUY
Axo STIIL FOIES roR !
SIf,EEI I,JGTM}IG
ITEA UG}M}IG
SPOFI|S UGHnr{6ti fTtc ooxTRoL
cEuutaR coguuNrc^Tlo}{s
lm.rlcon Clty t Cour yrlJonuory l99l
. : -!q*T
21 ClrclG t{o. l{ On Rlrdor S.rvtcr C.rd
POLE_LITE ITARKETINC CORP.
,./24
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i
:
Park Standards Are UP in the Air
By James Krohe Jr.Once considered sacrosanct, national Suidelines
are coming in for their share of skepticism.
,rrTt he power of a park is not in its size,"
I insists Kevin Asher, a planner for the
greater Miami park system. "The true stan'
dard of a park is the level of customer
satisfaction." That comment would be a
truism coming from a planner of resort
hotels or golf courses, but it summarizes a
real change in the way park planners and
olhers have lhoughl about community
recreation needs for 7s)ears.
In the olddays, size was not simplyafac-
tor in deciding whether a community had
adequate parks and playgrounds; it was the
onlyfactor. Before World War I, in fact, the
reform-minded Playground AssociatioD of
America insisted that a minimally accePt-
able city playground needed 30 square feet
of space for each child. Such numbers had
no scientific basis. but were meteF
estimates based on common sense and tl
prevailing practice. But while the numbers
chansed slichtlv over the veats-in the
t szor", ".u"J.t# organization tothe PA-
changed that plalground standard to ot
acre per 2,000 schoolchildren-the area'
per-population concept has survived. -Tbday, the primary standard setter istl
lO Planning December 1990
Face of lhe Earlh lII, a cemenl'
oaat-sod sculpture bY Vito Accohci,
is port of the 96-ocre laumeier
Scvlpture Path outside St, Louis.
Arlworks ote curoted bY o
nonprotit cotporc,lion, bul the
trounds a.e ,nainloined W lhe St.
L,,ub Coun., porh. deparrment.
rr
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radiusl, and regional or metropolitan parks
of 200 acres or more.
There's nothing wrong with rational
standards, which clearly are aD imptove-
ment over the allocation of park space on
the basis ofpolitical favoritism. They con-
tinue to be useful to neighborhood ad-
vocatesseeking a more equitable distribu-
tion of urban park resources. And generic
guidelines for acreage and access can be ac-
ceptable substitutes for more specific ex'
pertise. "Especially in rural areas," says
David Simcox, who teaches Park and
recreation management at California State
Toronto's Grunge Park is one of
fiee porhs tho? we'e erafiined in
a 19E5 ,tudy l'A Codt oison of
Five Inn*-City Parhs"I
@rnmissioned jointly bt the
city's plonniny and parks
deryrlrnenls. The clt./trle'! of
Ietter/nu e'i@IIdoI syrnbols
retlect the study's rnique
method of countint typ6 of
us?s. The idea wos to obteree
how people actuolly u* oryn
epoce and lo plon porhs
ocardiagly. One anclusion:
Variety is b6t.
University, Chico, ''the guy who s hired as
the local parks planner is also the planner
for everything else."
However, detractors, who refer to the
NRPA yellow book as the "Yellow hges,"
complain that, while the guidelines may
have improved the worst of our park
systems, they have helped dumb down rhe
rest. The criticism heated up in the 1970s,
with charges that by emphasizing "how
much" rather tllan "how good," the NRPA
produced cookiecutter parks. "The stan-
dards become 8 crutch," says Simcox.
''Nobody is thinhing beyond the standards.
They look at a new subdivision going in,
and they say, 'They need X acres of vest,
pocket patk and Y acres of neighborhood
park.'People need a morecomplex ralgeof
landscapes to satisfy their iecreational
needs."
"Space is not service in and of itself,,,
argues Seymour Gold, the outspoken pro-
fessor of environmental planning at the
University of California, Davis. Design,
location, equipment, and maintenance are
more crucial to the success of a park or play
space than size. Gold further complains
that meeting the 10-acres-per-i,Ooo-resi-
dents rule of thumb in places as densely
populated as Manhattan would require
tearing down hall the city's buildings.
Arguing for quality over quantity,
William Anderson, 8 principal of the na-
tional development consulting firm,
Economics Research Associates, says, "l'd
rather have 10 acres of good park in the
right location than 20 acres that aren't
usable." Unusable parks, notes Anderson,
who's in ERA's San Diego office, too often
result from lxrkland donations by subdivi-
sion developers of waste land that meets
acreage standards but is otherwise
unsuitable.
I
=
Realities
ln many parts of the country, meeting the
NRPA standards witb any kind oflandhas
proven difficult. In Clark County, Nwada,
home of booming las Vegas, planners set
the modest goal of four acres per 1,000
residents in their 1983 recreation master
plan-substantially less than the l0 acres
per I ,O00 residents called for by the NRPA.
But even with an abundance of nesrby
federal land leasable for public recreation,
county planners don't expect to meet their
own standard until 20 l0 at the earliest. The
real problem, says Clark County planner
Drick Van Gorp, is not so much the acquisi.
tion as it is building and maintaining park
facilities.
Inrecent years, Miami's highly regarded
park system has also fallen behind in its at-
lemptstomeet its own modest goal of 2.75
acres per 1,(rc0 residents s€t in 1968. 'Ib
make up the difference, says park planner
Kevin Asher, county officials decreed that
schoolgrounds and private recreational
facilitics be counted toward local open
space totals.
In 1979, landscape architect Paul
Friedberg argued in a book called Play and
Interplay that quality could be a substitute
for quantity. He noted, for instance, that an
experimental playground he designed in
New York City accommodated 10 times
more children than e conventionally
equipped park ofthe same size; improved
?tts.9,ti3a
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llGtND, r.looxrN^Nr u3rr ?rtf
Eeux rltcs@ rsrx rtreLs@wfl a x^!r3
|IIIIIII wlirrr reur:r
E rtrr^6rrt I r!. rr Fi. .ral, --r <Hrrotlrt |0-12ndr.uI@lrrrtD usrr rorur^flor
-o ,air !ax(HIs, rcrrc nrrts
GTANGE
PARX
USER PROFILE
National Recreation and Park Association,
8 2l .ooo-member professional organization
s€rving mainly park planners, managers,
and recreation researchers. The NRPA has
b€come to park planners what Julia Child
is to the home chef-complete with
cookbook, fiecreation, Parh and Open Spce
Stondords and Guidelines, pubtished in 1979
and known familiarly to park planners as
"the yellow book."
Accordingto the yellow book, every city
would offer a minimum of 6.25 acres of
'developed open space" for every 1,OOO
people. The system would include acre-or-
less miniparks (no farther than a quarter-
mile from every residentl, neighborhood
parks lup to 15 acres eachl, community
parks lserving neighborhoods in a two-mile
@.
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D,
C
12 Planninr December 1990
desicn, he reasoned, could provide the
saml recreation in a fraction of the sPace.
The NRPA responded to such comPlatrts
bv naming a l0'person task force to uPdate
its standards, last issued in 1971. After a
vear and a half of work, the task force de-
lided that the new standards (destined for
Dublication in 1979 as the current NRPA
ietlow bookl didn't need to be radically
changed, but rather broadened.
"We reviewed countless plans," recalls
key task force member James Mertes, a pro-
fessor in the dePartment of park ad-
ministration and landscape architecture at
Texas Tech University and a consultant in
the field. One thing that wasn't changed
was the use of specific area'to-Population
ratios. "The bottom line was a profession-
wide agreement that using specific area
standards wasstill theapproach totake. Sy
Gotd has come up with all kinds of social
and behavioral ways ofdealing with stan-
dards setting. The problem is that when
you get a subdMsion plat under review arrd
you have to calculate a land requirement,
you need a number."
Theodore Wirth of Wirth Design
Associates doesn't think it's necessary for
most local park systems to revise their star-
dards. His Montana-based firm has been
designing parks from Midvale, Utah, to
Kuwait, and finds that needs don't vary
much, and when ihey do, they can be met
rvithin the context of the NRPAs guidelines.
"Those of us in the profession know that
some adaptation is necessary," he says.
The NRPA insisted that the Problem was
not the standards themselves, but the way
they were being applied by many parks
planners. Thus, the l.9T9revisions focused
less on the numbers than on the Planning
process in which they were used. Ideally,
wrote the yellow book's authors, a Park
system should set its own standards and
implement them within the context of a
parks master plan. The marual also offered
a simplifi ed stardards-setting methodology.
'Iown $uare Porl, in
douratown St. Paul is
locatedin the rniddle
of the cily's shyvay
syslem. Trees,
berrches, dnd
n@nlime coneerts ore
tealured.
Sctools plus parfts
equdls "Swrh," a
Eouston protrom for
comingparhsou? ot
school trounds. Over
s I .2 million has been
raised for 32 parhs
since 1983.
Fear of freedom
But while the NRPA can provide more flex-
ible guidelines and new methodologies, it
can't force less experienced planners to use
them, especially those in smaller park
systems that lack the trained staff needed
to undertake even the simplest Projects that
deviate from the norm. Moreover, there
maybe somepressure not to try. Atea stan-
dards are typically used to justify local tand
donation ordinances or exaction fees, and
a poorly drafted standard might result in
such requirements being tossed out bythe
courts. {Mertes notes that the NRP^ an-
dards have in fact been tested by the .rts
and found to pass the "arbitr. rnd
I tr ! r | rilt ! E a '
itE,'
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TtP history of the Caju,.s ond Creola
is ployed out daily ;t V.tmilionville, -
o li\'ing.history museurn localed in
Beow, Poth-i n lalayet le, l,auision.r.
unreasonable" test, since they reflect a con' -
sensus of local practice.f
No cookbook can help communities
come upwitha tailor'made parkland stan-
dard that satisfies bothjudges and the park- -
using public. For instance, population Pro-
jections must be correlated with land-use
patterns and natural resource databases- -Computers make the forecasting easier-
but not necessarily more accurate. And
user data is notoriously prey to misinter-
pretation. The NRPA warns that demand -projections should be based on a rather
large populaticin sample {at least the overall
urban areal to be accurate.
Gold argues for a different sort of ap' -
proach. Whilegranting that "we still need
standards," he says the real question is
"How do we arrive at them?" Tbronto, for -example, relied on direct observation as
one way to learn how people actually use
park spaces.In 1985, the city planningand
development department and the parks -department collaborated on a six-rnonth
study of five inner-city parks, using tech'
niques pioneered by William Whyte.
A number of communities across the -
country are now fully committed to the
site-specific approach. In Miami. for in-
stance, planners try to tailor the needs of - ,
each of the system's more than 600 parks to I
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its neighborhood by compiling annually
updated userprofilesfromcensusdataand
zip code-based market research databases.
At least some of the new planning tech-
niques are also being applied in Houston:
Portland, Oregon; Madison, Wisconsin;
and several California cities, includingSan
Franciscq San Jose, Davis, and Sacramento
In Minneapolis, park planners place
great emphasis on access, and are very
close to their goal of providing a
neighborhood park within six blocks of
every house in the city. "We deviate from
the NRPA standard in philosophy,'' orplains
Minneapolis parks chief David Fisher.
"Ours are socia.l service standards rather
than land-based standards."
Progress is still too slow to suit Gold,
however. ''My guess,'' he says, ''is that most
communities are still using almost the same
approach as they used in the l95os." Money
is part of the reason, but egually imponant,
in Gold'sview isthat "relatively few peo-
ple have the perception and the tools
needed for site-specific standard settingl'
It's nol so simple
It's getting harder and harder lo dcfine a
park. Whole new categories of land are
cominS into the domain of local park
systems. And the park district's mandate
now runs the gamut from open space
preservation to habitat restoration and, in
some cases, historic preservation. As a
result, familiar categories of space have
become confused. "What do we do," asks
Robert Toalson, general manager of the
Champaign, Illinois, parks, "with tracts
that may not be goodparkland but that for
environmental reasons should be left
open?"
--
I3
Increasingly, public park anC --reation
space is seen in a wider context, as merely
one part ofa complex network of spaces of
different types that together comprise a
city's recreatioD system. ln the 1970s, Paul
Friedberg and Seymour Gold pointed out
thal the city's real playgrounds are its
streets, backyards, schoolyards. alleys-
and even its rooftops.
Budget shortfalls have persuaded many
park officials of the wisdom of raking
advantage ofthis larger system. The well-
regarded Champaign park district does not
maintain aD expensive golf course, for
instance, havingconcluded that numerous
private and university courses meet the
demand. And on a broader level, the
Philadelphia-based consulting firm of
Wallace Roberts & Todd, in a recent open
space plan for San Marcos, in southern
California, simultaneously considered
recreation, open space preservation, €n-
vironmental protection, and growth
management.
The 19E0s saw most pa.rk planners hav-
ingtoface dilemmas unforeseeable by the
drafters of the NRPAs yellow book, from
the spread of the private park to the
depopulation and gentrification of the
inner city. In sucha changed world, theold
approaches were less inadequatelhan ir-
relevant. Thlk among professionals in the
field is that it may be time to update the
NRPA standards 8gain.
But merely u;dating numbers will uot be
enough. As the association has warned
repeatedly, standards are only as good as
the people a.rld organizations that imple-
ment them. Foor training is part of the prob-
lem. Seymour Gold notes that very few
planners ever take.a course in recreation
planning. David Simcox says he finds that
landrape archilectsare often more recep-
tive to new approachesthan planners. For
Miami's Asher, the culprits are the con.
sultants who push park standards based on
generic (rather than local) market research
and landscape architects who confuse park
design with park planning.
Ultimately. the issue is not which stan-
dards are essential to the planning of good
parks, but about the tendency-under-
standable if not inevitable-to use stan-
dards as a substitute for good planning.
However much else may have changed
over the years, parks 8re still about people.
not numbers.
,amcs l(rohe Jr. is r rcgular contributor lo
Plonning.
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