CC Packet 2011 01 10A G E NDA
C H AN H A SSE N C I T Y C O UNC I L
M O NDAY , J ANUARY 10, 2011
C H AN H A SSE N M UN I C I P A L B U I L D I N G , 7700 M AR K ET BO U LE VARD
5 :30 P .M . - C I T Y C O UNC I L W O R K SESS I O N , F O UN T A I N C O N F E R E NC E R OO M
N o t e: I f t h e Cit y C o un c il do e s n o t c o m p l e t e t h e w ork s e ss i o n it e m s i n t h e ti m e a ll o tt e d, t h e
r e m a i n i n g it e m s will b e c o n s i d e r e d a f t e r t h e r e g u l ar ag e n da.
A . D i s c uss 2011 K e y F i n a n c i a l S t ra t e g i e s.
B . O v er v i e w o f C h a nh a ss e n R ec C e n t er S po r t s P r o g ra m.
7 :00 P .M . – R E G U L AR M EET I N G , C I T Y C O UNC I L C H A M BE R S
CA LL TO O RD E R (P l e d g e o f A ll e g i a n ce)
O A THS O F O FF I CE
C . A d mi n i s t er O a t hs o f Off i ce , Cit y A tt o r n e y :
1. M a y o r To m F u r l on g
2. C oun c il w o m a n V i c k i E r ns t
3. C oun c ilm a n D e nn y L a u fe nbu r g er
O R G AN I Z A T I O NA L I TE MS
D . 1. D e s i g n a ti on o f Off i c i a l N e w sp a p er
2. A ppo i n tm e n t o f A c ti n g M a y o r
3. A ppo i n tm e n t t o S ou t h W e s t T ra ns it C o mmi ss i on
P U BL I C ANN O UNC E M E N TS
C O N SE N T A G E NDA
A ll it e m s li s t e d und er t h e C ons e n t A g e nd a are c ons i d ere d t o b e r ou ti n e b y t h e c it y c oun c il a nd
w ill b e c ons i d ere d a s on e m o ti on. Th ere w ill b e no s e p ara t e d i s c uss i on o f t h e s e it e m s. I f
d i s c uss i on i s d e s i re d, t h a t it e m w ill b e re m ov e d fr o m t h e C ons e n t A g e nd a a nd c ons i d ere d
s e p ara t e l y . Cit y c oun c il ac ti on i s b a s e d on t h e s t aff rec o mm e nd a ti on f o r eac h it e m . R efer t o t h e
c oun c il p ac k e t f o r eac h s t aff re po r t .
1. a . A pp r ov a l o f M i nu t e s :
- Cit y C oun c il W o r k S e ss i on M i nu t e s d a t e d D ece m b er 13, 2010
- Cit y C oun c il S u mm ar y M i nu t e s d a t e d D ece m b er 13, 2010
- Cit y C oun c il V er b a tim M i nu t e s d a t e d D ece m b er 13, 2010
3
R ece i v e C o mmi ss i on M i nu t e s :
- P l a nn i n g C o mmi ss i on S u mm ar y M i nu t e s d a t e d D ece m b er 7, 2010
- P l a nn i n g C o mmi ss i on V er b a tim M i nu t e s d a t e d D ece m b er 7, 2010
- P ar k & R ecrea ti on S u mm ar y M i nu t e s d a t e d D ece m b er 14, 2010
- P ar k & R ecrea ti on V er b a tim M i nu t e s d a t e d D ece m b er 14, 2010
b. A pp r ov e Mn DO T A g ree m e n t w it h t h e Cit y o f C h a nh a ss e n f o r F e d era l
P ar ti c i p a ti on i n C ons t r u c ti on o f F e d era l A i d P r o j ec t s.
c . A pp r ov e C onsu lt a n t A g ree m e n t f o r T H 101 a nd P l ea s a n t V i e w R o a d I n t er s ec ti on.
d. A pp r ov e A m e nd m e n t t o C h a p t er s 4 & 5 o f Cit y C od e , Es t a b li sh i n g I m pound F ee s
a nd R e qu i r i n g V acc i n a ti on a nd I d e n ti f i ca ti on o f D o g s a nd C a t s ; I n c l ud i n g
S u mm ar y Or d i n a n ce f o r P ub li ca ti on P u r pos e s.
e . A pp r ov e A m e nd m e n t t o C h a p t er 5 o f Cit y C od e C on cer n i n g D a n g er ous o r
P o t e n ti a ll y D a n g er ous D o g s ; I n c l ud i n g S u mm ar y Or d i n a n ce f o r P ub li ca ti on
P u r pos e s.
f . I te m D e l eted (A pp r ov e A g ree m e n t w it h S ou t h W e s t M e t r o C h a m b er o f
C o mm erce f o r M ar k e ti n g P u r pos e s ).
g . A pp r ov e T e m po rar y O n -S a l e L i quo r L i ce ns e , C a m p T a n a doon a A nnu a l M ee ti n g ,
J a nu ar y 24, 2011.
h. A pp r ov e A m e nd m e n t t o C h a p t er 4 o f Cit y C od e C on cer n i n g F ee s.
i . I te m D e l eted (A pp r ov e Mod i f i ca ti on t o F i re R e li ef A sso c i a ti on B y l a w s ).
V I S I TO R P R ESE N T A T I O NS
P U BL I C HE AR I N GS - N on e
UN F I N I S HE D B U S I N ESS - N one
N E W B U S I N ESS
2. C O M P R EHE N S I V E P L AN M I N O R A M E ND M E N TS: R e v i e w C h a p t er 2 – L a nd
U s e (M i x e d U s e), a nd C h a p t er 7 – T ra nspo r t a ti on (R o a d Cl a ss i f i ca ti ons ) o f t h e 2030
C o m p re h e ns i v e P l a n.
C O UNC I L P R ESE N T A T I O NS
AD M I N I ST RA T I V E P R ESE N T A T I O NS
4
C O RR ES P O ND E NC E P AC K ET
AD J O URN M E NT
A c op y o f t h e s t aff re po r t a nd suppo r ti n g do c u m e n t a ti on b e i n g s e n t t o t h e c it y c oun c il w ill b e
a v a il a b l e af t er 2 :00 p.m . on Thu r sd a y . P l ea s e c on t ac t c it y h a ll a t 952 -227 -1100 t o v er i f y t h a t
y ou r it e m h a s no t b ee n d e l e t e d fr o m t h e a g e nd a a n y tim e af t er 2 :00 p.m . on Thu r sd a y .
GU I D E L I N E S F O R VI S I T O R P RE S E N T A T I ONS
W elc o m e t o t h e Ch a nh a ss e n C it y C o un cil M eeti ng . I n t h e i n te r e s t o f op e n c o mm un icati o n s , t h e Ch a nh a ss e n C it y
C o un cil w i s h e s t o pro v i d e a n oppor t un it y f or t h e p u b lic t o a ddr e ss t h e C it y C o un cil . T h at oppor t un it y i s pro v i d e d at
e v e r y r e gu la r C it y C o un cil m eeti ng d u r i ng V i s it o r P r e s ent a ti o n s .
1. A n y o n e i n d icati ng a d e s i r e t o s p ea k d u r i ng Vi s it or P r e s e n tati o n s w ill b e ac kn o w le d g e d b y t h e M a y or .
W h e n calle d u po n t o s p ea k , s tate y o u r n a m e , a ddr e ss , a n d t op ic . A ll r e m a r k s s h all b e a ddr e ss e d t o t h e C it y
C o un cil a s a w h o le , n o t t o a n y s p eci f ic m e m b e r(s ) or t o a n y p e r s o n w h o i s n o t a m e m b e r o f t h e C it y
C o un cil .
2. I f t h e r e a r e a nu m b e r o f i n d i v i d u al s pr e s e n t t o s p ea k o n t h e s a m e t op ic , p lea s e d e s i gn ate a s po k e s p e r s o n t h at
ca n s u mm a r ize t h e i ss u e .
3. L i m it y o u r c o mm e n t s t o f i v e m i nu te s . A dd iti o n al ti m e m a y b e g r a n te d at t h e d i s c r eti o n o f t h e M a y or . I f
y o u h a v e w r itte n c o mm e n t s , pro v i d e a c op y t o t h e C o un cil .
4. D u r i ng Vi s it or P r e s e n tati o n s , t h e C o un cil a n d s ta ff li s te n t o c o mm e n t s a n d w ill n o t e ng a g e i n d i s c u ss i o n .
C o un cil m e m b e r s or t h e C it y M a n a g e r m a y a s k q u e s ti o n s o f y o u i n ord e r t o g ai n a t h oro ugh un d e r s ta n d i ng
o f y o u r c o n ce r n , s ugg e s ti o n or r e q u e s t .
5. P lea s e b e a w a r e t h at d i s r e s p ect fu l c o mm e n t s or c o mm e n t s o f a p e r s o n al n at u r e , d i r ecte d at a n i n d i v i d u al
eit h e r b y n a m e or i nf e r e n ce , w ill n o t b e all o w e d . P e r s o nn el c o n ce r n s s h o u l d b e d i r ecte d t o t h e C it y
M a n a g e r.
M e m b e r s o f t h e Cit y C o un ci l a nd s o m e s ta ff m e m b e r s m a y g at h e r at Ho u l ihan ’s R e s tau r a nt & Ba r , 530 P o nd Pr o m e n a d e i n C h a nh a ss e n
i mm e di at el y a f t e r t h e m ee tin g f o r a pu r el y s o cia l e v e nt . A ll m e m b e r s o f t h e pub l ic a r e w el c o m e .
5
Park Recreation
BACKGROUND Building Inspections
CITY OF MEMORANDUM
CH N SEN TO Mayor City Council
7700 Market Boulevard
PO Box 147 FROM Todd Gerhardt City Manager y g
Chanhassen MN 55317
Phone 952 227 1160
Fax 952 227 1170
DATE January 5 2011
Administration
Phone 952 227 1140
Phone 952 227 1100 SUBJ 2011 Key Financial Strategies
Fax 952 227 1110
Park Recreation
BACKGROUND Building Inspections
1 2010 Key Principle Strategies Accomplishments
Phone 952 227 1180
2 Schedule for 2011 Key Financial Strategies
Fax 952 2271190 Since 2002 the City Council has annually set goals and priorities for the coming
2310 Coulter Boulevard
year The priorities are referred to as Key Financial Strategies KFS The KFS
Engineering represent the major projects to be undertaken over the next year Phone 952 227 1160
Fax 952 227 1170 Staff and City Council will meet on Saturday January 8 t to brainstorm ideas for
Finance 2011 Staff will bring the results of that session to Monday night s meeting
Phone 952 227 1140
Fax 952 227 1110 ATTACHMENTS
Park Recreation
Phone 952 227 1120 1 2010 Key Principle Strategies Accomplishments
Fax 952 227 1110 2 Schedule for 2011 Key Financial Strategies
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400 g admin tg key financial strategies 2011 cc memo 1 10 11 doc
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 6
SCHEDULE FOR 2011 KEY FINANCIAL STRATEGIES
Saturday January 8 2011
Monday January 24 2011
Tuesday January 25 2011
Monday January 31 2011
Monday February 14 2011
Staff presents suggested KFS to City Council
City Council brainstorms additional KFS
suggestions
City Council s Final Suggestions for KFS list
Staff distributes electronic spreadsheet for City
Council rankings
KFS ranking due to Assistant City Manager
Staff presents compiled rankings City Council
finalizes 2011 KFS
7
Competiveness
Create an environment for innovation and change building on our strengths creativity
and skills
Review City ordinances for efficiency and effectiveness
Implement a Community Survey that will determine the City s strengths weaknesses
and community needs
Work with Carver County to expand utilization of Carver County License Center
Update Police Work Plan
Review City s Technology Policy
Strengthen the City s Financial Position
Provide financial stability and resources necessary to achieve the city s vision by exercising financial
stewardship implementing best practices and utilizing long term financial
planning tools
Select a few unfunded unproductive mandates for legislative review with assistance of Metro
Cities and other partners
Monitor Revenue Performance in 2010 take a proactive approach to budget challenges
keeping Council informed about the Revenue Expenditure relationship throughout the year
quarterly reports and special updates when needed
Being proactive that all City staff and members of Boards Committees and Commissions
contribute to economic development
Review the City s Long Range Financial Plan including Pavement Management System 5 yr
budget Debt Analysis and Capital Improvement Plan Examine re timing of MUSA
Expansion area including Fire Station 3
Planning for the City s Infrastructure
Create solutions for managing existing infrastructure and future growth in our community while
preserving a sustainable quality of life and protecting the environment
Review Pavement Management Assessment Policy
Review Effect of Delays on Pavement Management System
Develop a Comprehensive Inter Connecting Trail System with surrounding communitie
Explore Opportunities for Further Partnerships i e Sealcoating
Develop alternative approaches to reduce impervious areas
Review Future Well Needs based on water usage and availability develop educational work
plan for Environmental Commission
8
Enhance Local Tax Base
Evaluate the Comprehensive Plan with current goals and policies assess the impact
Take an active role in the Public Private Redevelopment of the Chanhassen Dinner Theatre
and Chanhassen Transit Station area
Capture opportunities for Economic Development and position the City to be attractive for
private investment and reinvestment in the following areas Infrastructure transportation
mobility utility capacity Reviewing City Policies and Processes to reduce costs and processing
time for business development
Hold Forums to identify opportunities and barriers to attracting new housing
commercial industrial and jobs to Chanhassen
9
0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952227 1180
Fax 952 227 1190
Engineering
Phone 952227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
wwadchanhassen mn us
MEMORANDUM
TO Todd Hoffman Park and Recreation Director
FROM John W Stutzman Recreation Supervisor VS Jodi Sarles Recreation Center Manager
D DATE January 10 2011
SUBJ Chanhassen Rec Center Sports
Chanhassen Rec Center Sports was designed to provide fun and affordable
recreational sports programs for children In March of 2009 staff initiated
discussions to create a new standard in youth recreational sports programming
By June of 2009 a proposal was presented to city administrators for approval to
proceed with implementation of the recommended changes The following
September kids were experiencing the excitement of our new Rec Center
Sports program
Historically the City of Chanhassen had a contractual agreement with the
YMCA to provide preschool sports programs By bringing the program in
house staff was confident that we could offer a higher value product provide
superior customer service and increase revenues Four part time staff were
hired to execute the programs The community quickly embraced these changes
and parents ranked the new programs as either satisfactory or very satisfactory
96 of the time in 2010
In 2009 Chanhassen Rec Center Sports offered twelve sessions including
preschool soccer and basketball after school dodge ball basketball volleyball
and ice skating There were a total of 281 participants in the programs 216
participating in Preschool Sports and 65 participants in After School Sports
Thirty parents volunteered to coach teams
With our first full year of programming now complete staff was very pleased
when 694 participants registered in 2010 Thirty eight sessions were offered
including preschool basketball floor hockey t ball and soccer and after school
hockey dodge ball tennis flag football soccer basketball volleyball skating
and several multi activity programs Eighty two volunteer coaches assisted
with the preschool sports program in 2010
Since its inception staff has made it a top priority to create a reputable and
recognizable brand for these programs Every participant received a t shirt with
our logo Marketing through Facebook has also been a staff priority In
September of 2010 an open house was held to celebrate our first complete year
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 10
Mr Todd Hoffman
January 10 2010
Page 2
of programming Over 100 people attended and enjoyed games family
challenges hot dogs a moon walk and prize drawings
Looking forward to 2011 staff continues to plan for growth in the program
Small Fry Sports is a new program for 3 4 year olds to develop large motor
skills through games and activities related to their favorite sports Teen Time offers 6 th 12 graders use of the Rec Center gym for unsupervised play after
school Additionally staff is planning to offer multiple after school programs
per week start tournament play and avoid running similar programs as
community education during the same time period With these strategies
continued growth is expected Complete program descriptions are available
upon request and staff welcomes your thoughts and suggestions
YEAR PRESCHOOL
AFTER
SCHOOL TOTAL REVENUES EXPENSES NET
YMCA 2008 682 682 13 959 26 12 338 20 1 621 06
YMCA 2009
Jan Aug 336 336 10 844 90 9 386 00 1 458 90
Rec Sports 2009
Sept Dec 216 65 281 12 300 65 14 321 84 2 021 19
Rec Sports 2010 559 135 694 27 945 83 20 847 21 7 098 62
Rec Sports 2011 1 0 4 54
g park johns rec center sports rec center sports evaluation I 10 1 I doc
11
12
13
14
0
CITY OF
CHANgASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952227 1125
Fax 952 227 1110
Web Site
wwadchanhassen mn us
MEMORANDUM
TO Mayor and City Council
FROM Todd Gerhardt City Manager
DATE January 10 2011
SUBJ Organizational Items
PROPOSED MOTION
The Chanhassen City Council designates the Chanhassen Villager as its official
newspaper designates
appoints
Transit Commission
as the Acting Mayor and
as the council representative to the SouthWest
Approval requires a simple majority vote of the council
BACKGROUND
The following items require council action as a part of our first meeting
of 2011
a Official Newspaper Each year the city council must designate an official
newspaper that meets the qualifications of state statute attached The
Chanhassen Villager is delivered to all residents in the city by voluntary
subscription while the Lakeshore Weekly News is a free paper that must be
picked up at various locations in Chanhassen This office recommends that
the Chanhassen Villager be appointed as the city s official newspaper
b Acting Mayor The council should select one of its members to serve as
acting mayor This person will run council meetings stand in at ceremonies
and execute official city documents in the absence of the Mayor
C SouthWest Transit Commission Mayor Furlong s term on the SouthWest
Transit Commission has ended The city council must select another council
member to be the city representative on the board Mayor Furlong would
prefer not to serve another term allowing other council members the
opportunity to serve
If you have any questions please contact me
gAuser karen org mtg 201 l doc
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 15
331A 04 2010 Minnesota Statutes
201O Minnesota Statutes
Page 1 of 1
331A 04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS
Subdivision 1 Priority The governing body of a political subdivision when authorized or required by
statute or charter to designate a newspaper for publication of its public notices shall designate a qualified
newspaper in the following priority
Subd 2 Known office in locality If there are one or more qualified newspapers the known office of issue
of which are located within the political subdivision one of them shall be designated
Subd 3 Secondary office in locality When no qualified newspaper has a known office of issue located in
the political subdivision but one or more qualified newspapers maintain a secondary office there one of them
shall be designated
Subd 4 General circulation in locality When no qualified newspaper has its known office of issue or a
secondary office located within the political subdivision then a qualified newspaper of general circulation there
shall be designated
Subd 5 Other situations If a political subdivision is without an official newspaper or if the publisher
refuses to publish a particular public notice matters required to be published shall be published in a newspaper
designated as provided in subdivision 4 The governing body of a political subdivision with territory in two or
more counties may if deemed in the public interest designate a separate qualified newspaper for each county
Subd 6 Exception to designation priority a Notwithstanding subdivisions 1 to 3 the governing body of
a political subdivision may designate any newspaper for publication of its official proceedings and public
notices if the following conditions are met
1 the newspaper is a qualified medium of official and legal publication
2 the publisher of the newspaper furnishes a sworn statement verified by a recognized independent
circulation auditing agency covering a period of at least one year ending no earlier than 60 days before
designation of the newspaper stating that the newspaper s circulation reaches not fewer than 75 percent of the
households within the political subdivision
3 the newspaper has provided regular coverage of the proceedings of the governing body of the political
subdivision and will continue to do so and
4 the governing body votes unanimously to designate the newspaper
b If the circulation of a newspaper designated under this subdivision falls below 75 percent of the
households within the political subdivision at any time within the term of its designation as official newspaper
its qualification to publish public notices for the political subdivision terminates
Subd 7 Joint bidding A bid submitted jointly by two or more newspapers for the publication of public
notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met
1 all of the qualified newspapers in the political subdivision participate in the joint bid
2 the existence of the joint bid arrangement is disclosed to the governing body of the political subdivision
before or at the time of submission of the joint bid and
3 the board is free to reject the joint bid and if it does individual qualified newspapers do not refuse to
submit separate bids owing to the rejection of the joint bid
History 1984 c 543 s 23 2003 c 59 s 1 2004 c 182 s 14
https www revisor mn gov statutes Id 331A 04 1 4 2011 16
December 8 2010
Mr Todd Gerhardt
City of Chanhassen
7700 Market Boulevard
Chanhassen Minnesota 55317
Dear Mr Gerhardt
J ft D4 10 ro
cl aF CN 1 0 10
Please consider our request for appointment of the Chanhassen Villager as the official newspaper for the City of Chanhassen in 2011
We recognize that financial challenges are being faced by most government bodies and feel very
strongly that the publishing of legal notices in the newspaper is of vital importance to local residents
who wish to stay informed about the decisions being made by your elected body Consequently
a per inch rate of 6 99 which reflects no increase over the current rate charged is submitted for
the coming year
We would stipulate that the city follow its normal procedure of submitting legal notices in generic
text format of as Microsoft Word documents via e mail Legal notices requiring special handling
will be billed at the rate of 12 per column inch for the first insertion and 8 75 per column inch for
subsequent insertions
Notices submitted by the City of Chanhassen will continue to be posted on our newspaper website
www chanvillager com free of charge
Our legal notice deadline is at 4 p m on Thursday preceding the following week s publication date
during holiday weeks the deadline may be advanced
Thank you for the opportunity to be of service to you in the past We hope that relationship can be continued in the coming year
Respectfully
M Weber
General Manager
80 West 78th Street Suite 170 Chanhassen Minnesota 55317 952 934 5045
17
CHANHASSEN CITY COUNCIL
WORK SESSION
DECEMBER 13 2010
The City Council met in Executive Session from 4 30 p m to 6 15 p m to discuss the City Manager s Performance Evaluation The regular work session was called to order at 6 20
p m
COUNCIL MEMBERS PRESENT Mayor Furlong Councilman Litsey Councilwoman
Ernst Councilwoman Tjornhom and Councilman McDonald
STAFF PRESENT Todd Gerhardt Laurie Hokkanen Kate Aanenson Paul Oehme Todd
Hoffman and Greg Sticha
DISCUSSION OF PROPOSED 2011 BUDGET
Greg Sticha asked for council feedback regarding the updated power point presentation which
will be presented to the public at the regular council meeting In discussion of the Total Current
Expenditure Comparison chart Councilwoman Ernst asked for clarification of what s included in
the per capita spending numbers Councilwoman Tjornhom asked how the comparison cities were picked Todd Gerhardt reviewed the budget saving items Council discussed the Results of
Employees Overall Compensation chart which showed annual salary compensation at 0 1 and 2
percent wage increases Staff is recommending council adopt a final tax levy amount of
10 267 390 which is 53 over last year s levy half of the new growth amount Councilwoman
Tjornhom asked about the effect of last year s employee pay freeze Councilwoman Ernst asked about the possibility of cutting back on the cost of The Connection i e reducing the number of
copies or having it printed twice a year versus quarterly Mayor Furlong suggested the council
look at ways of reducing the budget during next year s policy discussions
Mayor Furlong adjourned the work session at 7 05 p m
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
18
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
DECEMBER 13 2010
Mayor Furlong called the meeting to order at 7 10 p m The meeting was opened with the
Pledge to the Flag
COUNCIL MEMBERS PRESENT Mayor Furlong Councilman Litsey Councilwoman
Ernst Councilwoman Tjornhom and Councilman McDonald
STAFF PRESENT Todd Gerhardt Laurie Hokkanen Kate Aanenson Paul Oehme Todd
Hoffman Greg Sticha and Roger Knutson
PUBLIC PRESENT
Auro Hashu 12238 Jasper Lane
Shane Weisser 7095 Green Ridge Drive
Tom Devine 7640 South Shore Drive
Frank Ernst 840 Cree Randy Cantin 6694 Nez Perce Drive
Conrad Gladys Heinemann 544 Lake Drive
Len Japs 545 Lake Drive 408
Jeff Fox 5270 Howard Point Road Excelsior
Rollie Neve 7635 Nicholas Way Mara Souvannsoth 422 Santa Fe Circle
Mark A Sass 6275 Hummingbird Road
Mike Corbin 8750 Sunset Trail
Terrie Myers 14680 Jonathan Carver Parkway
PUBLIC ANNOUNCEMENTS Mayor Furlong presented the Environmental Excellence
Award to Nathan Ward Store Leader with Kwik Trip and the Maple Leaf Award to Bryan Litsey
for his 4 years of service on the Chanhassen City Council
CONSENT AGENDA Councilman McDonald moved Councilman Litsey seconded that the City Council approve the following consent agenda items pursuant to the City
Manager s recommendations
a City Council Work Session Minutes dated November 22 2010
City Council Verbatim and Summary Minutes dated November 22 2010 City Council Work Session Minutes dated December 6 2010
City Council Verbatim and Summary Minutes dated December 6 2010
Receive Commission Minutes
Park and Recreation Commission Verbatim and Summary Minutes dated November 23 2010
19
Chanhassen City Council Summary December 13 2010
b 2011 Street Improvement Project 11 01 Accept Feasibility Study Call Public Hearing
Resolution 2010 96A c Approve Minnesota Department of Health Grant Application
for Funds to Seal the West Minnetonka Middle School Well
f Approve Request for Temporary On Sale Liquor License Cana Dinner February 5
2011 St Hubert s Catholic Community
g Approve Requests for Temporary On Sale Liquor Licenses February Festival and July th 4 Celebration Chanhassen Rotary Club
Resolution 2010 97 h Approve Resolution Authorizing Certification of Hook Up Charges to Property Taxes JBJ Wine Holdings LLP dba Haskell s Wine Spirits
Resolution 2010 98 i Approve Resolution Accepting 500 Donation from Community
Bank for Senior Center Holiday Party
Resolution 2010 99 j Approve Resolution to Reapportion Assessments North of
Lyman Boulevard and East of TH 101 John Klingelhutz Property
All voted in favor and the motion carried unanimously with a vote of 5 to 0
VISITOR PRESENTATIONS None
PUBLIC HEARING CONSIDER VACATION OF DRAINAGE AND UTILITY ND EASEMENT HESSE FARM 2 ADDITION BRAD MOE 1425 BLUFF CREEK
DRIVE
Paul Oehme presented the staff report on this item Mayor Furlong opened the public hearing
No one spoke and the public hearing was closed
Resolution 2010 100 Councilman Litsey moved Councilwoman Tjornhom seconded that the Chanhassen City Council approve the resolution vacating drainage and utility nd easements on Lots 1 and 2 Block 1 the Hesse Farm 2 Addition All voted in favor and
the motion carried unanimously with a vote of 5 to 0
LAKEVIEW REQUEST FOR REZONING FROM RESIDENTIAL SINGLE FAMILY RSF AND MIXED LOW DENSITY RESIDENTIAL R4 TO RESIDENTIAL LOW
MEDIUM RLM AND SUBDIVISION OF APPROXIMATELY 50 ACRES INTO 66
LOTS AND 4 OUTLOTS ON PROPERTY LOCATED NORTHWEST OF THE
INTERSECTCION OF LYMAN BOULEVARD AND LAKE RILEY BOULEVARD AND
SOUTH OF HIGHWAY 212 APPLICANT US HOME CORPORATION DBA LENNAR
Kate Aanenson presented the staff report and Planning Commission update on this item Mayor
Furlong asked staff to explain the basis used in determining the cost to acquire additional
2
20
Chanhassen City Council Summary December 13 2010
parkland and the source of funding Mayor Furlong opened the meeting for public comments
There were no further comments from the public After comments from council members the following motions were made
Councilman McDonald moved Councilwoman Tjornhom seconded that the City
Council approves Planning Case 10 12 to rezone 50 48 acres of property zoned RSF
Single Family Residential District and R 4 Mixed Low Density Residential to RLM Residential Low and Medium Density District for Lakeview Subdivision contingent upon
final plat approval as shown in plans dated received November 5 2010 and adoption of
the findings of fact and ordinance All voted in favor and the motion carried unanimously
with a vote of 5 to 0
Councilman McDonald moved Councilwoman Tjornhom seconded that the City Council
approves the preliminary plat for Planning Case 10 12 for Lakeview Subdivision for 66 lots
and 4 outlots as shown on the plans received November 5 2010 subject to the following
conditions and adoption of the findings of fact
1 The applicant shall add 34 trees to its total for tree planting The landscape plan shall show
at total of 282 trees to be planted
2 All trees proposed to be preserved shall be protected by tree preservation fencing Fencing
shall be installed prior to grading
3 All work and drainage discharge within the MnDOT easement must be approved by
MnDOT
4 The public drainage and utility easement on the north side of the development must be
vacated
5 The existing building and driveway on the north side of the site must be removed
6 Based on the proposed grading a low area will be created west and north of the Street C stub
The developer must work with the adjacent property owner to either grade out the low area
or install storm sewer to prevent water from ponding in the area
7 The developer s engineer will shift the storm sewer at the back of Lots 38 to 41 Block 3
further north in order to provide a larger unencumbered backyard area
8 The storm sewer alignment at the back of Lots 19 and 20 Block 3 must be adjusted to
minimize the required drainage and utility easement
9 The lowest opening of a building must be minimum 18 inches above an adjacent emergency
overflow
3
21
Chanhassen City Council Summary December 13 2010
10 Additional information must be shown on the final grading plan to show how drainage from
the Highway 212 berm will be directed into the existing flared end section located north of
proposed Lot 27 Block 3
11 An encroachment agreement is required if the developer wishes to install an entrance
monument at the Street B intersection of Lyman Boulevard
12 A temporary turnaround is required at the western end of Street C
13 The development is adjacent to Lyman Boulevard and is therefore subject to the arterial
collector fee at the time of final plat
14 The developer will not be reimbursed for the relocation cost of the 12 inch watermain since
the work is development driven
15 The watermain within Street B between Lyman Boulevard and Street A shall be 8 inch
16 The delineated wetland boundary must be moved so that no portion of the boundary is located at
an elevation less than the 868 foot contour
17 The delineated wetland boundary will not be considered approved until the public comment
period has ended on December 13 2010
18 The wetland buffer behind Lot 7 and Lot 8 of Block 4 shall be minimized to be coincidental
with the rear lot lines The area of buffer that would otherwise be present shall be compensated
for elsewhere along the wetland boundary
19 The applicant with the assistance of the City must show that adequate capacity exists within
the North Bay storm sewer system to accommodate the proposed drainage area to be directed to
North Bay
20 The NPDES General Stormwater Permit for Construction Activity must be applied for and
obtained prior to any earth disturbing activities Proof of this must be provided to the City
21 Reasonable efforts must be made to provide a maintenance access road to ponds 100 and 200 in
compliance with City Code and the NPDES General Stormwater Permit for Construction
Activity
22 Additional data must be provided for cul de sac D to demonstrate sufficient grade for adequate
drainage
23 A minimum of two feet of separation must be provided between the emergency overflow for the
MnDOT drainage swale and the low floor opening for Lot 5 Block 2
4
22
Chanhassen City Council Summary December 13 2010
24 Two foot sumps shall be included with structures CBMH 104 MH 203 and MH 222
25 All storm sewer shall be within a drainage and utility easement
26 Hydraulic calculations shall be provided to the City for review and approval before the final plat
can be issued
27 Mulch MnDOT Type 3 certified weed free shall be used in all of Block 4 Outlot A and Outlot
B whenever mulch is called for
28 The remainder of the gully which originates under Lots 4 and 5 Block 2 shall be filled in This
shall be done in such a manner as to avoid additional tree loss and the introduction of weeds and
invasive species
29 The estimated SWMP fees in the amount of 82 228 55 are due at the time of final plat
30 Phosphorus removal will need to meet the minimum 60 removal rate and should maximize
that to the greatest extent practicable
31 The applicant shall be responsible to assure that all other agency permissions are applied for and
resulting conditions are met
32 A Landowner Statement and Contractor Responsibility form will need to be filled out and
submitted to the LGU City of Chanhassen and the DNR The form can be found at
http www bwsr state mn us wetlands forms Contractor Responsibility doc
33 Appendix A C 1 and C 2 must be addressed including
a Exposed soil areas must be stabilized as soon as possible but never later than seven 7 days
b A discussion of the feasibility of infiltration and the appropriate response to these findings
34 Building Official Conditions
a Demolition permits must be obtained before demolishing any structures on the site
Application for such permits must include hazardous substances investigative and proposed mitigation reports
b A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued
c Retaining walls over four feet high must be designed by a professional engineer and
require permits inspections and final approval
d Each lot must be provided with separate sewer and water services
5
23
Chanhassen City Council Summary December 13 2010
e The developer and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures
35 Fire Marshal conditions
a Submit street names to Building and Fire Marshal for review and approval
b No burning permits will be issued Tress scrubs etc must be removed from the site or
chipped
c Mains and fire hydrants shall be installed and made serviceable prior to combustible construction
d A three foot clear space must be maintained around fire hydrants
e Temporary street signs shall be installed as soon as construction begins Signs shall be
of an approved size as required by the Chanhassen Fire Marshal They shall be weather
resistant and maintained until replaced by permanent signs
f Fire apparatus access roads and water supply for fire protection is required to be
installed Such protection shall be installed and made serviceable prior to and during
time of construction except when approved alternate methods of protection are provided
g The proposed hydrant between Lots 3 and 4 Block 2 must be relocated to the intersection
of Streets B and C
h The proposed hydrant between Lots 3 and 4 Block 1 must be relocated to intersection of
Street B and Lyman Boulevard
36 The lot width at the rear setback line for lots 1 and 2 Block 4 must be adjusted to reflect 90
feet as required in the Shoreland Ordinance
37 Successful transfer of Outlot B 4 83 acres to the City of Chanhassen concurrent with the final plat through a combination of dedication 3 08 acres and fee purchase 1 75 acres at
a cost of 112 716 per acre for development and use as a public neighborhood park
38 A sign reading This Road Will Be Extended in the Future shall be placed at the west end of
Street C
39 The applicant shall work with staff to evaluate the use of a privacy fence and vegetation along the north edge of the property to lessen the noise impact from Highway 212 A
solution will be presented with the final plat
All voted in favor and the motion carried unanimously with a vote of 5 to 0
6
24
Chanhassen City Council Summary December 13 2010
2011 BUDGET APPROVE RESOLUTION ADOPTING THE FINAL LEVY AND 2011
2015 CAPITAL IMPROVEMENT PROGRAM
Greg Sticha reviewed the power point presentation outlining the specifics of the proposed 2011
budget and 2011 2015 capital improvement program Todd Gerhardt explained how the key
financial strategies cities were determined and reviewed the budget saving items for 2011
Councilman McDonald asked for clarification of the employees pay compensation Mayor Furlong suggested reducing the budgeted expenditures to reflect the decrease in the CIP fund
After comments from council members the following motions were made
Councilwoman Ernst moved that the City Council approve to spend no more than in 2010
which was 7 380 000 in the general fund to include holding wages and health insurance the same as 2010 and to reduce the CIP accordingly The motion failed for lack of a
second
Resolution 2010 101 Councilman McDonald moved Councilman Litsey seconded that
the City Council adopts a resolution establishing the 2011 final levy at 10 267 390 total general fund expenditures of 9 617 600 and the 2011 2015 CIP in the total amount of
72 591 531 All voted in favor except for Councilwoman Ernst who opposed and the
motion carried with a vote of 4 to 1
CONSIDER AMENDMENTS TO CITY CODE CHAPTER 19 CONCERNING UTILITY BILLS AND USER RATES AND CHARGES AND CHAPTER 4 CONCERNING FEES
Greg Sticha presented the staff report on this item Mayor Furlong asked staff to explain the
City s water distribution system based upon summertime watering and usage and the impacts
that would occur with not seeking to fund those capital improvements
Councilman Litsey moved Councilman McDonald seconded that the Chanhassen City
Council adopts the attached ordinances amending Chapter 19 concerning Utility Billing
and Chapter 4 concerning Utility Rates All voted in favor except Councilwoman Ernst
who opposed and the motion carried with a vote of 4 to 1
COUNCIL PRESENTATIONS ANNOUNCE RESULTS OF CITY MANAGER S
PERFORMANCE EVALUATION
Council members thanked Councilman Litsey for his service over the past 4 years and wished him luck in his next endeavor before Mayor Furlong announced the results of the City Manager s
performance evaluation Councilman McDonald informed the council of former City Council
member Clark Horn s death over the previous weekend
ADMINISTRATIVE PRESENTATIONS Todd Gerhardt provided an update on the snowplowing activities
CORRESPONDENCE DISCUSSION None
7
25
Chanhassen City Council Summary December 13 2010
Councilman Litsey moved Councilwoman Ernst seconded to adjourn the meeting All
voted in favor and the motion carried unanimously with a vote of 5 to 0 The City Council meeting was adjourned at 9 20 p m
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
8
26
CHANHASSEN CITY COUNCIL
REGULAR MEETING
DECEMBER 13 2010
Mayor Furlong called the meeting to order at 7 10 p m The meeting was opened with the Pledge to the Flag
COUNCIL MEMBERS PRESENT Mayor Furlong Councilman Litsey Councilwoman
Ernst Councilwoman Tjornhom and Councilman McDonald
STAFF PRESENT Todd Gerhardt Laurie Hokkanen Kate Aanenson Paul Oehme Todd
Hoffman Greg Sticha and Roger Knutson
PUBLIC PRESENT
Auro Hashu 12238 Jasper Lane
Shane Weisser 7095 Green Ridge Drive
Tom Devine 7640 South Shore Drive
Frank Ernst 840 Cree
Randy Cantin 6694 Nez Perce Drive Conrad Gladys Heinemann 544 Lake Drive
Len Japs 545 Lake Drive 408
Jeff Fox 5270 Howard Point Road Excelsior
Rollie Neve 7635 Nicholas Way
Mara Souvannsoth 422 Santa Fe Circle Mark A Sass 6275 Hummingbird Road
Mike Corbin 8750 Sunset Trail
Terrie Myers 14680 Jonathan Carver Parkway
Amy Wenner Environmental Commission
J R Relick Environmental Commission
PUBLIC ANNOUNCEMENTS
Mayor Furlong Thank you and good evening and welcome to all those who have joined us this
evening here in the council chambers as well as those watching at home We re glad that you took the time to join us At this time I would ask members of the council if there are any
changes or modifications to the agenda If not without objection we ll proceed with the agenda
as published First order of business this evening is to make a couple of presentations so I m
going to go down in the front and we ll move forward with those
PRESENTATION OF ENVIRONMENTAL AWARD
Mayor Furlong Joining me here this evening is Amy Wenner and J R Relick members of our
Environmental Commission This evening we re going to present one of our Environmental
Excellence Awards from the City of Chanhassen The Environmental Excellence Award is presented annually by the City in recognition of environments improvements and stewardship
27
Chanhassen City Council December 13 2010
throughout our city This award is assigned not only to recognized achievements but also to
share ideas and encourage others to follow their lead and make a difference in our city from a stewardship standpoint of our natural resources At this time I d like to invite Nathan Ward and
is it Brian Dapper
Nathan Ward Actually Brian wasn t able to make it He s home sick so
Mayor Furlong Okay Nathan Good evening Come on up join us Mr Ward is a storm
leader with the Kwik Trip store here in Chanhassen down at Highway 212 101 The Leadership
in Energy and Environmental Design or LEED program is an internationally recognized
certification program aimed at improving a building s performance in areas such as energy
savings water efficiency indoor and outdoor air quality emissions and resource stewardship This year the Kwik Trip store in Chanhassen received a Silver level recognition by consciously
designing the store to be built and run in the most energy and resource efficient manner The
store scored high marks for it s energy efficiency and water conservation as well as diverting
waste from landfills during the construction of the store On behalf of the Chanhassen City
Council and Environmental Commission it s my pleasure this evening to present this Environmental Service Award Environmental Excellence Award excuse me to Kwik Trip store
in Chanhassen
Councilman Litsey I m ready
Mayor Furlong Come on down Todd you want to join us
Todd Gerhardt You bet
Mayor Furlong This evening we re going to present one of the City s Maple Leaf award to Councilman Bryan Litsey for his service on the Chanhassen City Council the last 4 years This
is his last meeting so we re taking this opportunity to recognize him Bryan you are passionate
and committed servant to the public serving both Chanhassen residents and businesses during
your time on the council You regularly provided thoughtful ideas and suggestions for strategic
initiatives such as our key financial strategies and legislative priorities You were committed to expanding law enforcement services and finding opportunities to balance During your term
on the council the City has strengthen it s public safety services to a level where 95 to 99 percent
of our residents feel safe according to our community survey That s an admirable number
During your term you provided leadership on many projects and policies that have improved our
city and the high quality of life Some of these include the construction of the new public works building expansion of the City s infrastructure and construction and reconstruction of many
miles of roads and trails The City s credit rating has been upgraded from AA to AAA This is
the highest credit rating the City can receive Only 16 other cities in the State of Minnesota have
this same AAA rating as Chanhassen Chanhassen was also ranked number 2 in Money
Magazine s 2009 Best Places to Live and this year s citizen survey reflected very positive comments from our residents 97 of them rated the quality of life in Chanhassen is either
excellent or good It s my pleasure this evening to present this plaque to Bryan and it reads the
City of Chanhassen Maple Leaf Award presented to Bryan Litsey City Council member and
Economic Development Authority 2007 to 2010 In recognition of outstanding service and
2
28
Chanhassen City Council December 13 2010
dedication to the City and it s signed by the Chanhassen City Council presented this December th 13 2010
Councilman Litsey Thank you Mayor I promise to keep this brief And as you know brevity
isn t one of my stronger suits but I just wanted to quickly say that it really does it seems like
yesterday that I was standing up here getting sworn in My son Joshua was 4 years old at the
time He s 8 now Maybe a future council member but I do want to thank my family You know when you serve on a council as everybody up here knows it takes away from your family
time and I appreciate what they ve gone through this last 4 years to let me serve the community
and giving up some you know valuable family time I also want to thank staff for doing just a
truly outstanding job You really do It s been my privilege to work with you and the quality of
work is second to none and we re really lucky in Chanhassen to have such a great staff led by Todd Gerhardt We re going to talk about you a little later in your performance review I want
to thank my colleagues on the council too for their commitment to the community They re
really making this a great place to live and work I don t think people really realize how much of
a sacrifice these council members make sometimes with family and giving up other obligations
especially the mayor Just a great ambassador for the City He s done just a terrific job So in closing I m just going to say it s been a wonderful experience It s gone fast I ve enjoyed you
know there s up s and down s with anything but overall it s been just a really great experience
and I m proud to call Chanhassen my home so thank you
Todd Gerhardt We encourage the public to stay afterwards We re going to have cake and you can come up and thank Bryan for his service and Joshua s got to go home and we ll make sure
he gets a piece
Mayor Furlong Let s move on now with our agenda
CONSENT AGENDA Councilman McDonald moved Councilman Litsey seconded that
the City Council approve the following consent agenda items pursuant to the City
Manager s recommendations
a City Council Work Session Minutes dated November 22 2010 City Council Verbatim and Summary Minutes dated November 22 2010
City Council Work Session Minutes dated December 6 2010
City Council Verbatim and Summary Minutes dated December 6 2010
Receive Commission Minutes Park and Recreation Commission Verbatim and Summary Minutes dated November 23
2010
b 2011 Street Improvement Project 11 01 Accept Feasibility Study Call Public Hearing
c Approve Minnesota Department of Health Grant Application for Funds to Seal the West
Minnetonka Middle School Well
3
29
Chanhassen City Council December 13 2010
f Approve Request for Temporary On Sale Liquor License Cana Dinner February 5
2011 St Hubert s Catholic Community
g Approve Requests for Temporary On Sale Liquor Licenses February Festival and July th 4 Celebration Chanhassen Rotary Club
Resolution 2010 h Approve Resolution Authorizing Certification of Hook Up Charges to Property Taxes JBJ Wine Holdings LLP dba Haskell s Wine Spirits
Resolution 2010 i Approve Resolution Accepting 500 Donation from Community
Bank for Senior Center Holiday Party
Resolution 2010 j Approve Resolution to Reapportion Assessments North of Lyman
Boulevard and East of TH 101 John Klingelhutz Property
All voted in favor and the motion carried unanimously with a vote of 5 to 0
VISITOR PRESENTATIONS None
PUBLIC HEARING CONSIDER VACATION OF DRAINAGE AND UTILITY ND EASEMENT HESSE FARM 2 ADDITION BRAD MOE 1425 BLUFF CREEK
DRIVE
Paul Oehme Thank you Mayor City Council members Again the applicant at 1425 Bluff nd Creek Drive has requested a side yard drainage utility easement platted on Hesse Farm 2
Addition be vacated at this time This drawing here shows the location of the subject property
just off of Bluff Creek Drive south of 212 The lot line between Lot 1 and Lot 2 the black line was adjusted administratively on June 26 2006 There are no public utilities or private utilities
within this easement The proposed easement does not have any drainage issues that we re
aware of at this time and therefore no easement is required at this time The lot again this was nd Lot 1 back under Hesse Farm 2 Addition and here s a portion of Lot 2 that was combined with
Lot 1 back in 2006 So the drainage utility easement here proposed to be vacated is shown in the blue and a new drainage utility easements along the new property line are shown here 10 foot
drainage utility easement along the new boundary of the property line so Basically that s the
easements to be vacated There is a resolution before you for consideration as well so at this
time if there s any questions I d be happy to try to answer them and I d request that a public
hearing be open as well
Mayor Furlong Thank you Questions for staff This resolution that was distributed here
tonight Paul how did that differ from the one in the
Paul Oehme There was no resolution included in the packet so we re just adding it to the packet just to clarify everyone
Mayor Furlong Okay What I would ask then is if one of the members would in the end if we
do make a motion on the resolution let s read the resolution in it s entirety since it was not
4
30
Chanhassen City Council December 13 2010
distributed If that s the direction the council wants to go Any other questions for staff If
there are no questions for staff from the council at this time then I will open the public hearing and invite all interested parties to come forward and address the council on this matter Anyone
that would like to address the council on this matter of the utility easement vacation seeing
none then without objection we ll close the public hearing and bring it back to council for
discussion Is there any discussion on this Just for clarification this was a easement that was
put in place when the lot line was in a different location is that correct
Paul Oehme That s correct
Mayor Furlong Alright Very good Would somebody if there s no discussion would
somebody like to make a motion to the resolution Councilman Litsey
Councilman Litsey Sure I ll make a motion And you d like me to read it right
Mayor Furlong Well at least it s pretty short so
Councilman Litsey A resolution vacating drainage and utility easements on Lots 1 and 2 Block nd 1 the Hesse Farm 2 Addition Vacation File number 10 01 Whereas the City of Chanhassen
is requesting to vacate the drainage and utility easements on Lots 1 and 2 Block 1 of the Hesse nd Farm 2 Addition and Whereas the existing easements were granted in 1979 Now therefore
be it resolved that the Chanhassen City Council hereby approves vacating the drainage and utility nd easements on Lots 1 and 2 Block 1 the Hesse Farm 2 Addition as defined on the attached
vacation description
Mayor Furlong Thank you Is there a second
Councilwoman Tjornhom Second
Mayor Furlong Made and seconded Any discussion on this resolution
Resolution 2010 100 Councilman Litsey moved Councilwoman Tjornhom seconded that the Chanhassen City Council approve the resolution vacating drainage and utility nd easements on Lots 1 and 2 Block 1 the Hesse Farm 2 Addition All voted in favor and
the motion carried unanimously with a vote of 5 to 0
LAKEVIEW REQUEST FOR REZONING FROM RESIDENTIAL SINGLE FAMILY RSF AND MIXED LOW DENSITY RESIDENTIAL R4 TO RESIDENTIAL LOW
MEDIUM RLM AND SUBDIVISION OF APPROXIMATELY 50 ACRES INTO 66
LOTS AND 4 OUTLOTS ON PROPERTY LOCATED NORTHWEST OF THE
INTERSECTCION OF LYMAN BOULEVARD AND LAKE RILEY BOULEVARD AND
SOUTH OF HIGHWAY 212 APPLICANT US HOME CORPORATION DBA LENNAR
Kate Aanenson Thank you Mayor members of the City Council This request actually has a
couple items with it Essentially approval of the subdivision and then a rezoning and with the
5
31
Chanhassen City Council December 13 2010
motion we re also requesting that besides approving the Findings of Fact that you also approve
the attached ordinance that goes with this property so the word ordinance was left off on the motion The subject site for Lakeview Hills is located off of 101 and Lyman Boulevard at the
former property the John Klingelhutz property Abutting the new 212 and the North Bay
subdivision One of the residents at the Planning Commission did correct it says the road is in
error stated on the City s records but the plat actually says Lake Riley Road East which is
adjacent to this property so that was noted It is will need to be corrected through the County system but I just want to state for the record that that was noted as a correction that needed to be
made So this property before you tonight did have a public hearing at the Planning Commission th back on December 7 The Planning Commission did recommend 6 for none against and
recommending approval of the subdivision There was a number of residents in attendance on
the North Bay area and I will summarize some of their concerns as we go through the process itself but I think the Planning Commission also had some concerns regarding noise management
on this site in itself and again I ll talk about that as we move through the project So looking at
the first issue citing the land use What s around it Again as I mentioned immediately to the
east is the North Bay subdivision This property was actually as high density This is the first
application where the City looked at doing 0 lots Those lots are about 3 000 so they re less than the 12 units an acre which was allowed and then immediately to the east of that was the old
property which is now the Lakeside development and we had condos approved on those and
most recently amended that site plan to allow for some other twins and three plexes on that
property So then to the south of this site in the Springfield neighborhood that was a PUD so
within that PUD how they were applied back then the lots could be as small as 11 but the average 15 So those are some of the factors that we looked at in coming to kind of what we felt
was a good transition for this area There is some large lot While it s guided low density
currently not on sewer and water Some large lot agricultural type zoning immediately to the
west of the site So the zoning itself again it is zoned residential single family They are asking
for a different zoning application Again the staff looking at kind of what s surrounding the area as I stated and then some of the design parameters led us to go recommend the RLM and I ll go
through some of those design factors Again it s up against Highway 212 MnDOT put in a
large drainage easement with the consent of the underlying property owner There s also a
MnDOT some other City drainage easements A waterline running through It s in the
shoreland district of Lake Riley so within 1 000 feet of the lake those lots have to be a minimum lot size so those are some of the factors that we looked at so blending between kind of the larger
lot which ultimately go would be subdivided when sewer and water becomes available and
then looking at what we have the North Bay and the Springfield subdivision led us to the
conclusion for the RLM zoning In your packet we put in the compliance table for the RLM
zoning to show how that worked In the shaded area the highlighted area you can see those lots that have to meet the minimum 15 000 square foot area In addition to that they have to have the
90 feet of frontage which is different than the RLM which allows you to go as small as 50
These all have 65 What we asked the developer to do is bring in a variety of housing types so
there s numerous housing house designs that could fit on the different lots Again try to provide
that variety which you have in the subdivision to the south So this is a subdivision When we saw it originally it was Lake Riley I think what they re using now for the marketing is
Reflections at Lake Riley but this is the plat as it lays out So this plat embraces the parameters
that were set in place The drainage easement coming off the ponding from 212 That would
bring you down to this storm water pond Looking at the wetland there s one large wetland on
6
32
Chanhassen City Council December 13 2010
the site and I ll talk about that a little bit more Tying into making a T intersection at this
Springfield subdivision for an access control Again this is a minor collector road and then providing access which is already required from the Lake Riley Road East access point and
then providing additional access to the property to the west again which will be subdivided in the
future This is the more horse farms and little bit more rural lot subdivisions over here Again
not on city services So looking at that some of the other things that went into consideration was
the potential for a city park I also want to emphasize when we looked at some of the design working with the developer they came in with a couple different iterations but looking at trying
to provide the least number of houses up against the 212 and then also trying to provide the
greatest buffer that was decided to put the cul de sacs going in the north south direction Again
trying a better buffer Less homes against the street itself
Councilman Litsey Kate there s already a wall there sound barrier right
Kate Aanenson Yes there is
Councilman Litsey Okay
Kate Aanenson Yeah I think that s kind of a big jumping off point to maybe talk a little bit
about the
Councilman Litsey Sorry I didn t mean to
Kate Aanenson No it s a good question and probably a good place to talk about it because the
Planning Commission did spend a lot of time on this There is a noise wall immediately to the
east of this because the North Bay project was in place when MnDOT came along and built 212
MnDOT was willing to put a noise wall on this property but the underlying property owner at that time chose to take compensation for that and not build the noise wall So under this the
developer s working not with the underlying property owner but also with the financial
institutions so for this developer to put a noise wall as opposed to providing some noise
attenuation landscaping fencing berming those sort of things it s a different standard The
noise wall itself would probably be closer to between 600 000 or 750 000 so this developer doesn t this project wouldn t happen if that was the requirement so the Planning Commission
had concerns with that as did staff and we re working to try to resolve it and we think we can
through berming landscaping it s not going to be the same as a noise wall provide that noise
reduction And also letting the buyers beware of that circumstance as they move into the
property I think some of the neighbors to the east were also concerned that the noises would go that way but I think with the addition of the homes and the landscaping it should help again
provide some of that buffer It wouldn t be the same as with the noise wall but I just want to put
that out there on the record that where that stands because that was an issue for the Planning
Commission but it is a condition of approval and we are working with the developer to kind of
look at more details of how well that will actually provide some buffer Good question The wetland itself there is one wetland on the site There is no proposed impact to the site As a
matter of fact we re providing additional ponding in this area and this area before going into that
wetland The neighbors again to the east and the north they wanted to make sure that wasn t
disturbed They liked the vegetation and the wildlife that was attracted to that area There s just
7
33
Chanhassen City Council December 13 2010
a couple minor modifications that need to be made to the plat Those are conditions of approval
and that s in this area just to get the right the correct width of those lots at the building setback line based on the fact that they are adjacent to the wetland There will be a wetland setback and
a wetland buffer and it does meet all those requirements and the line modification wouldn t
affect the number of lots It s just something that they can resolve when they come back for final
plat Neighborhood park Again the Comprehensive Plan states that within a half mile there
should be a neighborhood park so within this project it was proposed to do a park and that park is located here on the site Again Park and Rec Commission has looked at that and that s what
they are recommending but the actual design of the park itself will come forward at a later date
as kind of the plans develop but it will be typical of a neighborhood park with a play area and
some open space And the park itself would be 4 83 acres of land Again it gives good access to
the people to the south in the Springfield neighborhood Creates a nice visible opening and kind of capitalizes on the adjacency to the wetland itself and the lake So with that the subdivision
does meet all the requirements of the City Code We are recommending approval with the
conditions in the staff report I d just again would recommend regarding the adding the
ordinance for the motion but with that I d be happy to answer any questions that you have
Mayor Furlong Thank you Any questions for staff Changes in the conditions from when it
went to the Planning Commission There s the one added there number 39 I believe With
regard to looking for ways to lessen the noise which was raised at the Planning Commission
There s also some information with regard to the park site Can you tell me what the basis was
for determining the cost of the acquired portion Mr Hoffman
Todd Hoffman Mayor and City Council The per acre price has been added It s a net cost so
it s the cost that the applicant paid for the site less the undevelopable property so we re paying
the exact price that they paid for the net per acre charge for the 1 7 acres that we re acquiring
Mayor Furlong Okay between the developer and the property owner
Todd Hoffman Correct
Mayor Furlong So really negotiated price
Todd Hoffman Correct
Mayor Furlong And the source of funding
Todd Hoffman That would be the park dedication fund
Mayor Furlong Okay So not out of the general fund but the park dedication
Todd Hoffman Correct
Mayor Furlong Alright thank you Other questions for staff Public hearing was held at the
Planning Commission We have received copies of the Planning Commission notes but I don t
know if there s anybody here that would like to address the council on this matter or have
8
34
Chanhassen City Council December 13 2010
additional comments or questions that weren t addressed at the Planning Commission I would
open it up for public comments at this time Okay Let s bring it to council then for discussions and comments followed by a motion if that s in order Thoughts and comments Councilwoman
Tjornhom
Councilwoman Tjornhom You know I guess my first thought is boy isn t this good news It s
been a while since we ve seen one of these and it s good to see it again and it s good to see that there s still some people willing to take a chance and go out there and build houses and so I just
I think it s a great subdivision to have coming through town and it looks great to see it in our
packet and I hope that we see more of these in the future And thank you to the Planning
Commission also for all they do wrinkling out any or ironing out any wrinkles that they might
be encountering with the subdivision planning so thanks to that and we look forward to Reflections at Lake Riley
Mayor Furlong Thank you Other comments And just to share some other comments One
from a site plan design I think it s one of the things that we see here is a little bit different
density here than what we see to the east at North Bay which is higher density and to the south in the Springfield neighborhood which is even lower density than this development so again
following our Comprehensive Plan and looking to provide different housing types both from the
standpoint of well different types but also different price points and that s what we re always
trying to do The other thing I noticed here is the connection of the roads between the
neighborhood to the east the North Bay neighborhood That road segment there was obviously planned for and development of this property was planned for back at the time the North Bay
was put in place and so I think that a compliment to staff and Planning Commission for seeking
those opportunities I see the same road and the road to be extended on the west part of this
parcel again to connect neighborhoods is something that this council has supported in our
Comprehensive Plan over the years so appreciate you continuing to do that Any other thoughts or comments If not would somebody like to make some motions
Councilman McDonald I ll make the motion The Chanhassen City Council approves the
Lakeview subdivision and rezoning subject to the conditions of the staff report and adoption of
the Planning Commission s Findings of Fact And then what is the other one that you wanted to read into it Was there another one
Roger Knutson Rezoning ordinance
Mayor Furlong Rezoning ordinance Is that also include the approval of the preliminary plat Is that part of it
Kate Aanenson That s correct
Councilman McDonald That the Chanhassen City Council approves the Lakeview subdivision and rezoning subject to the staff report Where s the language for the rezoning
Kate Aanenson That was omitted from there There is a rezoning ordinance attached there so
that was the one thing that we needed to add and the rezoning ordinance
9
35
Chanhassen City Council December 13 2010
Councilman McDonald Okay And rezoning ordinance which I read into it so it should all be there
Mayor Furlong Okay thank you Is there a second
Councilwoman Tjornhom Second
Mayor Furlong Made and seconded Any discussion for the motion Again good to see a
development coming through and more growth taking place in our city
Councilman McDonald moved Councilwoman Tjornhom seconded that the City Council approves Planning Case 10 12 to rezone 50 48 acres of property zoned RSF
Single Family Residential District and R 4 Mixed Low Density Residential to RLM
Residential Low and Medium Density District for Lakeview Subdivision contingent upon
final plat approval as shown in plans dated received November 5 2010 and adoption of
the findings of fact and ordinance All voted in favor and the motion carried unanimously with a vote of 5 to 0
Councilman McDonald moved Councilwoman Tjornhom seconded that the City Council
approves the preliminary plat for Planning Case 10 12 for Lakeview Subdivision for 66 lots
and 4 outlots as shown on the plans received November 5 2010 subject to the following conditions and adoption of the findings of fact
1 The applicant shall add 34 trees to its total for tree planting The landscape plan shall show
at total of 282 trees to be planted
2 All trees proposed to be preserved shall be protected by tree preservation fencing Fencing shall be installed prior to grading
3 All work and drainage discharge within the MnDOT easement must be approved by
MnDOT
4 The public drainage and utility easement on the north side of the development must be
vacated
5 The existing building and driveway on the north side of the site must be removed
6 Based on the proposed grading a low area will be created west and north of the Street C stub
The developer must work with the adjacent property owner to either grade out the low area
or install storm sewer to prevent water from ponding in the area
7 The developer s engineer will shift the storm sewer at the back of Lots 38 to 41 Block 3
further north in order to provide a larger unencumbered backyard area
10
36
Chanhassen City Council December 13 2010
8 The storm sewer alignment at the back of Lots 19 and 20 Block 3 must be adjusted to
minimize the required drainage and utility easement
9 The lowest opening of a building must be minimum 18 inches above an adjacent emergency
overflow
10 Additional information must be shown on the final grading plan to show how drainage from
the Highway 212 berm will be directed into the existing flared end section located north of
proposed Lot 27 Block 3
11 An encroachment agreement is required if the developer wishes to install an entrance
monument at the Street B intersection of Lyman Boulevard
12 A temporary turnaround is required at the western end of Street C
13 The development is adjacent to Lyman Boulevard and is therefore subject to the arterial
collector fee at the time of final plat
14 The developer will not be reimbursed for the relocation cost of the 12 inch watermain since
the work is development driven
15 The watermain within Street B between Lyman Boulevard and Street A shall be 8 inch
16 The delineated wetland boundary must be moved so that no portion of the boundary is located at
an elevation less than the 868 foot contour
17 The delineated wetland boundary will not be considered approved until the public comment
period has ended on December 13 2010
18 The wetland buffer behind Lot 7 and Lot 8 of Block 4 shall be minimized to be coincidental
with the rear lot lines The area of buffer that would otherwise be present shall be compensated
for elsewhere along the wetland boundary
19 The applicant with the assistance of the City must show that adequate capacity exists within
the North Bay storm sewer system to accommodate the proposed drainage area to be directed to
North Bay
20 The NPDES General Stormwater Permit for Construction Activity must be applied for and
obtained prior to any earth disturbing activities Proof of this must be provided to the City
21 Reasonable efforts must be made to provide a maintenance access road to ponds 100 and 200 in
compliance with City Code and the NPDES General Stormwater Permit for Construction
Activity
11
37
Chanhassen City Council December 13 2010
22 Additional data must be provided for cul de sac D to demonstrate sufficient grade for adequate
drainage
23 A minimum of two feet of separation must be provided between the emergency overflow for the
MnDOT drainage swale and the low floor opening for Lot 5 Block 2
24 Two foot sumps shall be included with structures CBMH 104 MH 203 and MH 222
25 All storm sewer shall be within a drainage and utility easement
26 Hydraulic calculations shall be provided to the City for review and approval before the final plat
can be issued
27 Mulch MnDOT Type 3 certified weed free shall be used in all of Block 4 Outlot A and Outlot
B whenever mulch is called for
28 The remainder of the gully which originates under Lots 4 and 5 Block 2 shall be filled in This
shall be done in such a manner as to avoid additional tree loss and the introduction of weeds and
invasive species
29 The estimated SWMP fees in the amount of 82 228 55 are due at the time of final plat
30 Phosphorus removal will need to meet the minimum 60 removal rate and should maximize
that to the greatest extent practicable
31 The applicant shall be responsible to assure that all other agency permissions are applied for and
resulting conditions are met
32 A Landowner Statement and Contractor Responsibility form will need to be filled out and
submitted to the LGU City of Chanhassen and the DNR The form can be found at
http www bwsr state mn us wetlands forms Contractor Responsibility doc
33 Appendix A C 1 and C 2 must be addressed including
a Exposed soil areas must be stabilized as soon as possible but never later than seven 7 days
b A discussion of the feasibility of infiltration and the appropriate response to these findings
34 Building Official Conditions
a Demolition permits must be obtained before demolishing any structures on the site
Application for such permits must include hazardous substances investigative and
proposed mitigation reports
12
38
Chanhassen City Council December 13 2010
b A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued
c Retaining walls over four feet high must be designed by a professional engineer and
require permits inspections and final approval
d Each lot must be provided with separate sewer and water services
e The developer and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures
35 Fire Marshal conditions
a Submit street names to Building and Fire Marshal for review and approval
b No burning permits will be issued Tress scrubs etc must be removed from the site or
chipped
c Mains and fire hydrants shall be installed and made serviceable prior to combustible construction
d A three foot clear space must be maintained around fire hydrants
e Temporary street signs shall be installed as soon as construction begins Signs shall be
of an approved size as required by the Chanhassen Fire Marshal They shall be weather
resistant and maintained until replaced by permanent signs
f Fire apparatus access roads and water supply for fire protection is required to be
installed Such protection shall be installed and made serviceable prior to and during
time of construction except when approved alternate methods of protection are provided
g The proposed hydrant between Lots 3 and 4 Block 2 must be relocated to the intersection
of Streets B and C
h The proposed hydrant between Lots 3 and 4 Block 1 must be relocated to intersection of
Street B and Lyman Boulevard
36 The lot width at the rear setback line for lots 1 and 2 Block 4 must be adjusted to reflect 90
feet as required in the Shoreland Ordinance
37 Successful transfer of Outlot B 4 83 acres to the City of Chanhassen concurrent with the final plat through a combination of dedication 3 08 acres and fee purchase 1 75 acres at
a cost of 112 716 per acre for development and use as a public neighborhood park
38 A sign reading This Road Will Be Extended in the Future shall be placed at the west end of
Street C
13
39
Chanhassen City Council December 13 2010
39 The applicant shall work with staff to evaluate the use of a privacy fence and vegetation
along the north edge of the property to lessen the noise impact from Highway 212 A solution will be presented with the final plat
All voted in favor and the motion carried unanimously with a vote of 5 to 0
2011 BUDGET APPROVE RESOLUTION ADOPTING THE FINAL LEVY AND 2011
2015 CAPITAL IMPROVEMENT PROGRAM
Greg Sticha Thank you Mayor and City Council Before I get into a power point for this
evening s presentation on the budget and tax levy I just want to put into perspective a few items
that we discussed at our work session after last week s Truth in Taxation hearing The numbers
you see listed on the screen are budget adjustments that staff reviewed with City Council at our work session last week after the taxation hearing The numbers that you see on that spread sheet
on the screen right now will be part of the power point presentation this evening so the final
numbers in the power point have each of these numbers reflected in the power point so I just
wanted to give those perspective who were in attendance last week or watched last week what
the difference is between the power point from last week and this week s power point is essentially the numbers you see on the screen right here For those of you that were in
attendance last week or watched last week you ll have to forgive me I m going to go over some
information that we did go over last week just to give those that have not seen the information
the same opportunity to view the same information that those saw last week so some of this
might be repetitive for some people who were in attendance last week Quickly I m going to go over the budget process that staff and council have been through essentially for over the last 6
months Preliminary budgets were submitted by the department directors in early July The
budgets were then reviewed by the Finance Director and the City Manager in late July Staff met
with City Council to discuss detailed budgets in August This was moved up from previous
years in which we had discussed them in October City Council wanted to be able to see the detailed budgets before they set the preliminary levy so we accommodated the City Council and th were able to do that this year We then set a preliminary tax levy on September 13 That
number was then used for the Truth in Taxation statements that the residents received here in the th middle of November A public budget meeting was held last week on Monday December 6
and this evening we need to adopt a final budget and tax levy to be certified with Hennepin and Carver Counties First let s go through the general fund expenditures and how they compare
from 2010 to 2011 Again the changes that I showed on the spread sheet previously will be the
difference between this week and last week General government expenditures saw a 5
decrease from the previous year As you look across the line items most of them remained
relatively flat A couple of items to note The law enforcement fire category saw a 4 increase The largest amount of that increase is due to the increase in the required contribution for the
volunteer fire fighters retirement That increase alone was 70 000 from the previous year As
we discussed with council in previous meetings that number is based on a projection based on in
part what we had from this year s actuary We are anticipating a similar required contribution
for next year so staff felt it was prudent to increase that line item by 70 000 That accounts for the majority of the 4 increase in that budget category Rest of the categories for the most part
remain relatively flat The total increase in expenditures from the previous years is 6 At the
presentation in last week s meeting where I believe it was 84 so that number changed by 2
14
40
Chanhassen City Council December 13 2010
from the previous meeting On the revenue side a couple items of note here The licenses and
permit revenue line item increased 11 We based this year s permit revenue line item on what we actually plan on receiving in 2010 so we did increase that line item by almost 100 000 On
the charges for service line you ll notice a 9 2 decrease The majority of that decrease was due
to the fact that in 2011 we are planning on less utility projects that staff is going to be reviewing
and therefore there won t be a 5 administrative charge to those utility projects which would be
revenue for the general fund That amount is I believe the difference in that budget from the previous year that line item was about 60 000 And other revenue the 15 decrease is almost
all because of the change in interest income within the general fund Re evaluating that line item
and adjusting that line item In 2010 that line item was 200 000 budgeted and for 2011 we now
are budgeting 100 000 At the preliminary levy we had budgeted 130 000 After discussion
with City Council last week staff felt it was prudent to lower that number down to 100 000 Taking a look at the general fund expenditure history comparing 2010 to 2011 expenditures
increased 6 from the previous year We wanted to give our residents and City Council
perspective on how we compare to our other communities that we do annual comparisons on
called our key financial strategies cities so we went to the Minnesota State Auditor s web site
and got the City budgets from our kfs cities and broke it down into a per capita spending for general and special revenue funds which is what the State Auditor report is based on As you
can see Chanhassen as compared to some of our other cities comparable cities have per capita
spending of about 400 per resident and you can see where we compared to the other cities In
the far right column very comparable to Prior Lake Chaska and Champlin and then a few of our
other cities listed below Savage Oakdale Rosemount and Farmington
Mayor Furlong I m sorry if I could interrupt You mentioned kfs cities Can you explain why
I think that s an acronym for key financial strategies that we use is that correct
Greg Sticha Yeah Maybe I ll let Mr Gerhardt explain that one
Mayor Furlong Okay Why these cities Why were these cities included in this comparison
Todd Gerhardt About I want to say 9 10 years ago the City developed a program called key
financial strategies and the main emphasis of that program is to establish our annual goals and also to compare and contrast other like communities to Chanhassen That would be a second
ring suburban community with a population this year of around 24 000 Anywhere between
20 000 and 30 000 Those communities are still growing They have land available They re
servicing with sewer and water so if you look at the populations of these like cities they re very
similar to our s Some are higher Some are lower but it gives us a basis to compare and contrast ourselves to like communities
Greg Sticha Continue on with the presentation This chart shows a history of our general fund
actual spending versus budget the last 7 years You can see pretty consistent with budget
generally typically finishing the year about a half a percent maybe to a percent under spent in an average year each of the last 7 years What factors changed the budget for 2011 as compared to
2010 As I pointed out earlier most of the expenditure line items did remain flat for this year
Expenditures within the general fund did increase 6 or 60 000 If you look at the biggest
impact to that from an expenditure standpoint the fire fighter pension relief contribution line
15
41
Chanhassen City Council December 13 2010
item increased 70 000 so you know I guess you could argue that if that required contribution
had not been had not will not be to fund it then you know the general fund would see an expenditure similar to the last to the previous year Wage increases of 1 were included in the
budget and budgeted permit revenue as I discussed earlier we increased about 80 000 from the
previous year at 12 Some notes on 2011 budget saving items Todd wanted to go through a
couple of these with you
Todd Gerhardt Mayor City Council members and public One of the things we wanted to make
sure that the public understood is that we did bid out our health insurance this year Based on
our experience Preferred One was the only bidder that submitted a quote and their quote was
25 higher than last year The other 5 health insurance companies said that they couldn t match
Preferred One s quote and that would have been somewhere between 30 and 45 percent higher than the previous year Another cost savings item that we benefited in last year the City entered
into a joint purchasing agreement with the State of Minnesota We now buy our fuel for our
vehicles through a joint purchasing option and we saw a savings last year of around 30 000 to
40 000 and this year the savings will be about 10 000 We did bid out our general liability
insurance There was no change from 2010 to 2011 We also bid out our life and long term disability insurance We saw a decrease of 38 Savings of 5 200 and long term disability
decreased 39 with a savings of 5 800 We also refunded our library bonds The net present
savings on those was 179 000 with a return of 4 75 Over the life of the bonds a reduction in
our levy of about 40 000 per year
Greg Sticha We also wanted to and council had asked for information on the impact of the
compensation as it relates to each of the employees at the city so I put together this chart that
kind of shows 6 employees employed at the city I chose 3 single coverage employees and 3
family coverage employees and what 0 1 and 2 percent would impact their net paychecks and as
you can see at 1 the family coverage employees would still see a net decrease in their pay and at 2 those in the range of 38 000 or approximately there would also still see a decrease in their
net paycheck at even 2 So then the actual levies that the City has based on each of the
categories of levies The general fund levy based on the budget that I just presented would be a
levy of 7 508 200 A 1 7 increase in the levy from the previous year The capital
replacement fund levy as we discussed in our work session last week was for a decrease of 74 000 or 9 from the previous year All other levies for the most part are either flat or
required by a bond or statutory bond requirements And the library referendum levy there was a
very small decrease from the previous year The net tax levy effects the general fund levy
increase of 1 7 The total levy increase of 54 000 or 53 This is one half of what we
experienced for new growth for 2011 New growth was 1 06 so this levy would be half of what we experienced for new growth in 2011 The effect that the homeowners would see based
on a preliminary levy These are based on actual Truth in Taxation statements from the
preliminary levy To calculate what it would be for each of these parcels I would probably have
to have the County do the exact calculation but on example for Parcels 1 2 and 3 you d probably
see about a 4 decrease in these numbers if you were to set a levy at the 53 rather than the 1 06 which is what the preliminary levy was based on so those amounts would come down by
about 4 for Parcels 1 2 and 3 and for 4 5 and 6 it would be you know an amount more than
that Maybe 5 to 8 in that range But this gives you a perspective of where each of the
different valued homes in Chanhassen would be paying for property taxes The average home in
16
42
Chanhassen City Council December 13 2010
Chanhassen decreased in value 5 3 so if your home decreased in value more than that you
would likely see a property tax decrease more than just the 4 that I was talking about a few minutes ago If your home decreased less in value than the 5 3 then you would probably
either see a small increase or about a flat property tax for the city property tax line item We
took a look at an actual property tax statement and what percentages go to what jurisdictions
This is actually from one of the parcels listed previously 30 just under 31 of the property
tax bill goes for the County 44 to the school district and in this case it was School District 112 Just under 21 to the City and 5 6 to all other jurisdictions Staff s recommendation this
evening is to set a final total tax levy of 10 267 390 We also need to pass a capital CIP
amount and I believe the amount that for the CIP is listed in the motion in front of you We ve
had a number of work session discussions on the CIP document in previous meetings That
number is listed in the motion in front of you I believe it s 72 million for over the 5 years as well as assuming a final levy of the general fund as presented in this power point Total
expenditures in the general fund of 9 617 600 Again that levy is a 53 increase in the
previous year s levy which is around 54 000 more than the previous year s levy That s all of
our my slides I have I d be happy to answer any questions any of the City Council members
would have
Mayor Furlong Questions for Mr Sticha
Councilman McDonald I ve got a question concerning last year Now last year we did not
provide a pay raise for the employees correct
Greg Sticha That s correct
Councilman McDonald And yet the health insurance did go up last year
Greg Sticha That s correct
Councilman McDonald So the employees were in effect taking home less than what they
started with
Greg Sticha Those with family coverage yes That s definitely the case We also experienced
an increase in the required contribution for the retirement program that the City s participating in
called PERA last year and this year
Councilman McDonald Do we have any choice in that retirement program to opt in or out
Greg Sticha No
Councilman McDonald That s all I got for right now
Mayor Furlong Other questions On the CIP one of the changes subsequent to the Truth in
Taxation hearing was the reduction in the levy Capital improvement fund Was there a
corresponding reduction in budgeted expenses then too with that fund It looks like there s some
changes between the two accounts
17
43
Chanhassen City Council December 13 2010
Greg Sticha We did not change the actual CIP document We reduced the levy Our plan after our last week s discussion with City Council is to go ahead and try to fund the same equipment
at the reduced levy of the 750 000 However did not modify the CIP document itself
Mayor Furlong Okay I guess what I d like to see and it d be my suggestion to the council is
that there be a corresponding reduction in that planned expenditures as well across the different line items It looks like the number has been changed from an earlier version that I had Maybe
there were some other
Greg Sticha There were some other minor adjustments to a few of the projects but the total
amount of capital replacement fund actual spending you would have to reduce then the total number by 74 000
Mayor Furlong Right Would that be a reduction then in the CIP total fund
Greg Sticha Yep
Mayor Furlong That d be a way to accomplish that
Greg Sticha And I can give you that number if you so desire
Mayor Furlong Okay As we think about this I think that would be a prudent thing to do is to
correspond the change in spending or the reduction in spending with the reduction in the
proposed levy
Todd Gerhardt Just to note Mayor City Council members You still have to award the bid for those items as they come across anything over a value of I think our policy is 25
Greg Sticha Well anything our policy requires anything over 25 000 yeah
Mayor Furlong Anything over 25 has to come to us and I realize that maybe looking at the individual items maybe something might be deferred to later in the year to see how the budget s
coming out relative to that you know so I understand there may be timing changes there but I
think trying to make that representative for the proposed levy would be appropriate And I
would certainly suggest that to the council as we re looking at that dollar amount What was the
real growth in the tax base this last year
Greg Sticha 1 06
Mayor Furlong 1 06 And that was the that was the percent increase of the preliminary levy
that we established back in September
Greg Sticha Correct
Mayor Furlong Okay Alright And this increase is what percent
18
44
Chanhassen City Council December 13 2010
Greg Sticha 53 Roughly half
Mayor Furlong 0 53
Greg Sticha Yep
Mayor Furlong Okay
Todd Gerhardt Mayor City Council members When we define new growth new growth is
any new construction that has occurred from the previous year That is new homes New
commercial industrial buildings that have been constructed from the prior year Not an inflation growth onto existing properties so it s those properties that did not exist in the prior year
Mayor Furlong Any other questions for staff at this time There may be some as we discuss
this so certainly if people are interested in asking questions for clarification that s fine
Thoughts and comments on the budget discussion
Councilwoman Ernst I have some
Mayor Furlong Councilwoman Ernst
Councilwoman Ernst You know when we had Todd s performance review which is going to
come up a little later Todd had talked about the situation this evening where some of the staff
members are really in troubled times and I am truly compassionate to those employees and the
times that they are struggling with I m also compassionate for those in the private sector I
would like to remind my colleagues that we had a number of citizens attend the budget hearing last week and they expressed many concerns and reasons why we should cut spending They did
express very valid concerns and we have a fiscal responsibility to dig deeper and discuss tonight
I believe there is additional money to cut from the budget I don t believe that we should spend
any more than we did last year including wages and benefits and I believe that the general fund
budget last year was 7 380 000
Greg Sticha That is correct I believe yep The levy was 7 380 000
Mayor Furlong Please I m sorry Mr Sticha you were saying
Greg Sticha The levy last year was actually 7 210 000 for the general fund
Councilwoman Ernst For the general fund
Greg Sticha Yep
Councilwoman Ernst Okay thank you for correcting me on that one
Mayor Furlong Any other comments Other comments from other members of the council
19
45
Chanhassen City Council December 13 2010
Councilman Litsey Yeah I d be happy to comment I hope that the public understands and the residents how hard this council s worked with staff to try to get to a balance between providing
services and the cost of providing those services and this started as we had on that slide
presentation months ago and we ve made changes in how we do the budget process so that we
get information earlier on so we can identify areas to cut earlier if we need to and so forth and
even as late as last well we even discussed it at a work session before we had this regular meeting tonight Taking a look at it one last time I mean we ve been going over and over and
over it again but there are a level of service too that we want to make sure that we provide for the
residents and I feel very comfortable that after going through the process with staff amongst the
council here listening to what residents have to say and the services that they would like to see
from the city not just those that are in attendance which I appreciate their comments but hearing from all residents throughout the city I think that we ve come to a good point in time that this
will provide for the services that the residents want to see at a good value with keeping costs
down as much as reasonably possible
Mayor Furlong Thank you Other comments Councilman McDonald
Councilman McDonald Yeah You know this is has probably been one of the more difficult
budgets that we have had to put together The past couple of years you know each year we ve
had to go through and really kind of examine where we re going We did start the process quite
a bit earlier this year just so we could look at things and make decisions as far as services as to what s necessary and what s not At this point I mean Councilwoman Ernst did bring up some
suggestions today at the work session We re willing to consider those but they do have policy
implications To start cutting the budget on policy at the last moment is dangerous without a
thorough review and understanding of what you re doing I think this past week is an example of
services that the City renders That s something that we need to look at and again I ve heard what the residents have said as far as services What you re willing to give up and what you re
willing not to give up and as I said last week I still come down to individuals will come forward
and tell me that the parks are spending way too much money I ll have the other individuals
come forward and tell me the parks are not spending enough money so there s a balance that we
have to arrive at in doing this budget I would like to see a few other things have changed within the budget but at this point I m willing to accept this as a compromise This is the first year that
we ve done this that it actually came down from the preliminary budget to the final budget so I
think at that point we have listened to the residents to go and cut beyond that has implications
throughout the city that have not been reviewed and discussed So as I said it in the meeting
today I m more than willing to look at these suggestions and to study them and ask staff for input so that we can make a valued decision and as Councilwoman Ernst says we do have a fiduciary
duty to the city Part of that duty is to make sure that we provide the services to the city that the
city requires wants and needs In order to do that I think this budget meets that We have given
up for the first time new growth which is something the city has never done before We have
always tried to capture growth because with that growth is additional costs It s additional road miles to be plowed It s additional streets to be taken care of There is a cost associated with all
of that so we have tried to come up this year and find a way to reach compromise on this and I
believe we have so I m in support of the current budget the way it stands
20
46
Chanhassen City Council December 13 2010
Mayor Furlong Thank you Councilwoman Tjornhom
Councilwoman Tjornhom Tonight I reflect back to when I was first elected 6 years ago and we
were really riding the crest at that time with new developments coming through and new
opportunities and here we sit today Those opportunities have kind of dried up and now we re all
having to work together to figure out what we do next After our last meeting and the residents
came and spoke a lot of them looked at me and said follow your heart You know vote with your heart Do what you think is best and I thought about that and that would be easy That
would be just me saying no That would be me saying no We re not going to increase
spending You know I don t have the answers to what we re going to do but I m just going to
say no because that I know would be the right thing you would want me just to say and I see it
comes down to responsible spending and if you live in our city you know that I think we all enjoy our roads being plowed I mean Minneapolis schools and St Paul schools today were
closed because their roads were still impassible You know I think we try to spend our dollars
wisely where your tax dollars that come in go back out to you at least I think that s the way city
government should work at least but when you write a check for your property taxes that means
that your roads will be plowed That means that your drinking water will be safe That means that public safety is a priority and if you look at this budget some of those large numbers do
have to do with public safety and parks and your water supply and everything else I know a lot
of people are feeling tension about the employees wage increase When I first read the
preliminary proposal from staff about wage increases and I saw 2 I immediately said no No
way For years when I ve read 3 3 I ve wondered why You know I don t get 3 percent in increases just because I show up to work every day so why are they and once again this year I
saw 2 and I thought I can t do that I m not going to give them this extra spending money to
have when the rest of us don t have anyone else to give us extra spending money But then when
we really got down to the nitty gritty of what we were doing and Greg I don t know if you can
show that once again When it came to health care and what was happening that I think all employees this whole country is in a crisis when it comes to health care and I m not going to
blame fingers tonight about who s to cause that or who s to blame for it but we re all paying a lot
more for our health care and Vicki brought up the fact that our City Manager brought up some
stories at city hall and I know a lot of people tend to be angry at government and they want to
take it out on employees but he mentioned that we ve had members husbands been deployed to Iraq We ve had members who s been on disability for 2 years because of illnesses We ve had
members where their husbands have been unemployed for 3 years so we all and that means
employees that work here too are trying to get by and when I look at this chart and I see that I m
not just increasing their wages to give them extra money in their pocket it s to pay for their
health insurance that probably their spouses can t provide or it s to pay for PERA which they really don t have a choice whether they d like to invest in it or not And so it s hard for me
tonight to say that yes I m going to vote for this 1 wage increase but I m not following my
heart I m following my head knowing that when I go home tonight that s going to be the right
thing for me to do and so I too will be supporting this budget
Councilwoman Ernst Mayor I do have a question to make
Mayor Furlong Councilwoman Ernst
21
47
Chanhassen City Council December 13 2010
Councilwoman Ernst Greg just a correction You had told me that the general fund budget for
2010 was 7 210 That was actually the property tax 2010 budget and I was referring to the general fund that was 7 380 000
Greg Sticha I ll quickly bring up a document and show you the difference in the two The total
property tax levy last year was 7 380 000 for the general fund Then after we take into account
the delinquent taxes that we plan on for the year and the collection of delinquent property taxes from the previous year that got us to the 7 210 000 that I was referring to so comparing apples
to apples in this case looking at the general fund property tax levy what we actually will be
collecting in property tax revenues would be line 17 here which shows the 7 210 000 which is
what we re collecting for 2010 and the 7 338 200 for 2011 If you take a look for just the
property tax item before delinquencies and collection of delinquencies the difference in the two numbers is identical There s only a shift within the accounting for the delinquencies
Councilwoman Ernst Well but I m referring to just spending in the general fund
Greg Sticha Okay if you re looking at just spending within the general fund
Councilwoman Ernst That s what I m looking at
Greg Sticha Comparing those numbers would be on this spread sheet Last year the general
fund spent 9 557 400 and this year it s 9 617 600 That s a 6 increase from the previous year
Councilwoman Ernst But that s including everything and I m talking about just the general
fund numbers
Greg Sticha That is just the general fund
Councilwoman Ernst So we ve been talking all along that it was 7 380 000
Greg Sticha That s the levy for the general fund
Councilwoman Ernst Right That s what I m referring to
Greg Sticha Yep and that s this number right here
Councilwoman Ernst Correct I just want to make sure that we re on the same page with what
I m talking about because when we re talking about the general fund expenditures for the tax
levy it s 7 380 000
Greg Sticha That is correct The levy for the general fund last year was 7 380 000 and if you look at comparable numbers it would be 7 508 200 That s the same difference between the
7 210 000 and the 7 338 000 That just takes into account delinquencies
22
48
Chanhassen City Council December 13 2010
Mayor Furlong Well to follow up then the levy on the property tax for the property tax levy
that goes into the general fund is going up 1 8 But you said the total levy is going up 5 What s going down
Greg Sticha The levies that are going down I ll pull up the levy impact This is what would
actually get certified to Carver and Hennepin Counties Here s a look at the actual levies
Here s the 7 508 000 that you saw previously on this spread sheet right here We re reducing the capital replacement fund levy by 74 000 All the other line items have remained either flat
or close to flat These numbers in lines 11 through 14 are bond payment requirements and we
really don t have an option to adjust those levies They re required by buyer bond payments and
by statute So as you can see the total levy increases 54 200 for a 53 so some of the general
fund levy increase is being offset by a decrease in the capital replacement equipment fund levy
Mayor Furlong And that s why to the council I would suggest that we also correspond that that
levy decrease in the CIP fund or the capital replacement fund with that corresponding reduction
in budget expenditures Any other comments at this point I think the budget discussion has
taken on a lot of interest this year and rightfully so I think this is a major decision that the council has to make each and every year One of the most important decisions on how we re
going to what services are going to be provided and how we re going to fund those services
Ultimately our goal it s everybody s goal is to build the best city we can build but do it with the
best value Not anybody can throw money at something but how do we do what s necessary and
what s right but do it at the least cost and get the best value because ultimately it s a value equation that we re looking at Earlier tonight there were some the list that you had Greg on the
that Mr Gerhardt talked to No if you go to the power point presentation on some of the other
areas that the city has looked at and activities We received as a council and it s very helpful
We received some general comments and some specific comments at last week s Truth in
Taxation hearing which is helpful We also received for purposes of disclosure some emails this week I think all the council did I certainly did with some other specific recommendations
on ways to change or reduce spending All those most of those had policy decisions impacts to
them Effects and what regardless of where the council ends up tonight what I m going to
encourage the council to do and we talked about this at the work session and I got agreement
from everybody I think was to take every list every item that s been suggested Last week over the course of the last few weeks that we ve been going through this discussion as well as other
items that we brought up as a council to talk about in going forward and let s look at them from a
policy standpoint after the first of the year And to the extent that there s a desire for change we
can make those changes often mid year if appropriate but do it in the context of full
understanding of the implications Not just looking at a line item and making a change and it s not deferring action I think it s trying to be prudent and thoughtful in the actions that we take
The challenge here and I think this is a budget that probably not everybody and very few people
are going to be happy with the way I see it going There is there s a goal or need to seek a
balance Clearly I understand I think the council understands the desire to reduce spending year
after year We ve been working towards that We continue to do that in other areas but also recognize that we re a growing city and when our population grows we have to support that
growth with the same level of services that we ve supported otherwise we re all going to see a
reduction in our quality of lives and I don t think that s something that people want I do think
that people want to make sure that our that we re not spending more for that than we absolutely
23
49
Chanhassen City Council December 13 2010
necessarily have to and that ultimately means that we need to be good stewards of our public
assets whether those are natural resources Our financial assets are public property and all the while seeking to balance those demands with the cost of those demands There are some
concerns I have that have been expressed rightfully so with the budget that s being proposed
here tonight Not capturing our real growth in the tax base is a concern I don t think that s I
don t think that s a sustainable public policy on a long term basis As we continue to grow there
will be more demand there are more people here and more streets to plow There s more need This city is different than it was 10 15 20 years ago just because of the size So long term I
don t think we can do that In the near term given the economic situation we re in I think it is
justifiable to do so here tonight This is a change from our policy for a number of years The net
effect of this final budget is going to be a reduction in the city s property taxes most likely for
every relative to the preliminary tax statement that people received in the mail This levy is lower than what the preliminary levy was and as such the city portion of property taxes will be
lower when levied next year We are still looking at we live in a very desirable community and
as such our the cost to provide those services that are necessary that people want do cost money
but I think if we do it in a prudent or responsible way we can do it in a manner that doesn t
necessarily put us in a position where we re spending more and here I m thinking on a per capita basis That we re spending more than other cities and yet we re enjoying better value for that
and I think that goes back to the slide and Greg if you can pull that up on the key financial cities
We saw this tonight as a council for the first time and this was really predicated out of the
questions from the from the residents in the Truth in Taxation about spending When I look at
this we know that we live in a great place Quality of life is I believe second to none We ve been nationally recognized for that When I look down the list of these cities I m not aware
perhaps there are but I m not aware of any other city on this list that has a AAA bond rating For
a growing city for a city I know there are if there are only 16 in the state I don t know that this
that any are included in this list Can we do more Yes we can Have we been doing it all
along Yes we have but I think what this budget does is appropriately having started out with a preliminary levy that would have maintained taxes limited to real growth it appropriately
reduces it from that given the times I am very hesitant to get into the discussion and the single
line item discussions We need to look at public policy As I mentioned one of the public
policies we re going to look at all the list all the items suggested One of the items suggested
from the council was to look at the total compensation package for our employees and how does that compare both in terms of wages and benefits How does that compare to other cities How
does that compare to the private sector I can tell you that there will be differences between
other cities There will be differences with the private sector So the key there is what are
reasonable policies that we want to establish with regard to compensation for our employees I
am convinced that well I know It s not convinced I ve gotten to get to I ve gotten to know a number of the employees and the work that they do Not just personally as individuals I ve
done that too That s enjoyable but really the quality of work that the employees do for us as
residents I am always pleased and impressed with and I think it s prudent for us to make sure
that we provide a fair and reasonable compensation package for them The budget that s being
proposed I think at this point in time does that I think it s prudent upon us to take a look at the entire package going forward next year along with the other components Is this one that this is
not an easy vote to approve but I think it is one that is reasonable and prudent and responsible for
the council to approve this budget with the proposed changes I mentioned in the CIP so Greg if
you can have that adjusted number yet just in case whoever makes the motion
24
50
Chanhassen City Council December 13 2010
Greg Sticha I have the number whenever you re ready for it
Mayor Furlong that would correspond and look at a reduction in spending on capital
investment along with the reduction in the levy Any other comments or suggestions or is there a
motion that somebody would like to make
Councilwoman Ernst I ll make a motion
Mayor Furlong Thank you Councilwoman Ernst
Councilwoman Ernst I make the motion that we spend no more than in 2010 which was 7 380 000 in the general fund to include holding wages and health insurance the same as 2010
and to reduce the CIP accordingly
Mayor Furlong I m sorry could you repeat the motion
Councilwoman Ernst I make a motion that we spend no more in 2010 which was 7 380 000 in
the general fund to include holding wages and health insurance the same as 2010 and to reduce
the CIP accordingly
Greg Sticha I can give you the number in terms of the impact setting the general fund levy to the previous year s general fund levy The numbers that you mentioned within the motion in
regards to impacting benefits That one I can t just calculate right now We would have to go
through and recalculate all of our documents so that number I can t give you but I can give you
the number that would adjust the general fund levy to the previous year s general fund levy if
you just give me a minute
Mayor Furlong You said spend no more in 2010 is that right
Councilwoman Ernst Spend no more in spend no more than we did in 2010
Mayor Furlong Okay Alright I ll ask for a second to the motion Is there a second That
motion fails for lack of a second Would anybody else like to make a motion or comments Any
other motion with regard to the budget
Councilwoman Tjornhom Yes
Mayor Furlong Councilwoman Tjornhom
Councilman McDonald If you find that you can t I will Okay I ll make the motion
Mayor Furlong Councilman McDonald
Councilman McDonald I recommend that City Council adopt the following motion The City
Council adopts a resolution establishing the 2011 final levy at 10 267 390 and approves total
25
51
Chanhassen City Council December 13 2010
general fund expenditures of 9 617 600 It also approves the CIP for the 2011 2015 in the total
amount of is that correct what s in there
Greg Sticha No The new number as referenced by the mayor s comments from earlier would
be 72 591 531
Councilman McDonald 72 591 531 Okay And the total amount of 72 591 531
Councilman Litsey I ll second that motion
Mayor Furlong Motion s been made and seconded Is there any discussion on the motion
Hearing none we ll proceed with the vote
Resolution 2010 101 Councilman McDonald moved Councilman Litsey seconded that
the City Council adopts a resolution establishing the 2011 final levy at 10 267 390 total
general fund expenditures of 9 617 600 and the 2011 2015 CIP in the total amount of
72 591 531 All voted in favor except for Councilwoman Ernst who opposed and the motion carried with a vote of 4 to 1
CONSIDER AMENDMENTS TO CITY CODE CHAPTER 19 CONCERNING UTILITY
BILLS AND USER RATES AND CHARGES AND CHAPTER 4 CONCERNING FEES
Greg Sticha Mayor and City Council Staff is proposing two changes to two different chapters
of city ordinances I m going to talk about each of them individually real quick and then I m
going to go over a power point presentation which will compare water rates for 2010 versus 2011
based on two alternatives that were presented to City Council at previous work sessions in
regards to the water rates First Chapter 19 is in regards to amending the city ordinance on concerning utility billing There are two items within this ordinance that staff is proposing for
change One is to change the billing process for city utility bills to be sent directly to the
property owner and no longer allow for utility bills to be sent to renters of the property The bills
would now only go to the property owner rather than to the renter of the property The second
change would be to allow for monthly utility billing within the City s utility billing structure Currently the City s utility bills are billed quarterly Staff is proposing a change to allow
monthly utility bills to be given to residents who so desire to do so In order to be able to opt
into monthly utility billing the resident would have to sign up for electronic withdrawal out of
their checking or savings account and also require the resident to get a electronic copy of the bill
each month Each of these measures are cost savings measures to the city So that s what Chapter 19 s changes are in regards to Chapter 4 s changes is ordinance in regards to amending
City Code in terms of water sewer and storm water rates As we spoke at previous meetings
staff s proposal has been to in terms of rates for connection charges storm water fees sewer
fees and water fees is to go with a zero percent increase on all of those fees for 2011 The one I
guess modification from that in staff s proposal is to add a fifth tier to the water usage rate Currently the city has 4 tiers for water usage rates and staff s proposal is to add a fifth tier and
I m going to go through a power point that will kind of break down the impact of adding that
fifth tier to a utility customer in the city will have on five various levels of users and the other
proposal that we researched along with our financial advisors was to maintain the four current
26
52
Chanhassen City Council December 13 2010
rates and increase each of those rates 3 Each option would net the City about an extra
150 000 in revenue per year for water collections within the water fund So first I m going to go through a winter quarter bill and how it compares in each of the tiers from the 2010 actual
adding a fifth tier which is staff s proposal and keeping the current tiers system in place which is
3 Each of these changes takes into account the minor modifications we made within the tiers
to allow for monthly billing We adjusted some of the tiers slightly to allow for our utility billing
system to generate a monthly bill rather than a quarterly bill As you can see in the lowest tier somebody consuming just 5 000 gallons in the winter either in the fifth tier proposal or the
current tier proposal of 3 the impact to that user is somewhat minimal Each of these tiers
kind of goes across the board You can see tiers 2 and 3 and 4 are users in the 20 000 39 000
and 68 000 These are average users within each of those ranges and the impact that each of the
proposals would have on their water bill for each of those ranges The next slide shows the difference between each of those so as you can see the 10 to the 10 01 would be a 1 cent
increase in that tier so this slide shows the increase for each of those levels Between each of
the options Then taking a look at a more typical summer quarter bill Again having each of the
five tiers represented at 5 000 23 46 and then the fourth tier a more typical bill in the fourth tier
would be around 95 000 gallons and in the fifth tier a more typical bill would be about 163 000 gallons per quarter and the impacts that each of the proposals would have on each of those bills
in each of those tiers And this slide shows the difference between each of them from the
previous slide and the impact on them You ll notice the largest or most significant increase is in
the fifth tier that staff is proposing to add and as we ve had at previous discussions with council
the intention behind I guess the fifth tier has been to afford those residents that wish to have or consume that much water they re the ones that typically are driving the cost behind the
infrastructure to provide water at those peak demand times and so staff s proposal is to allow
them the ability to use that water but also to make them pay for that additional infrastructure that
we need to produce that high peak demand time water usage The other changes that we
discussed previously again the rental property change in billing Having the bill sent to the property owners We re going to phase that out rather than change it immediately as of January st 1 Current property owners will still get their utility bill from the City As those renters change
hands the new bills will be sent to the property owners only On monthly billing again as I
discussed earlier there s an option for residents to receive monthly bills Some residents have
expressed an interest in that versus quarterly It helps them budget their incomes as well and then lastly we haven t talked about but we ve already begun the process of redistricting the city
for utility billing In an effort to get more of our resident s bills geographically located in similar
districts and avoid a disproportionate amount of utility bills in one district we ve redistricted the
city for it s future growth impact so the new districts will now take into account any new growth
that we have will be in will also be included in those districts Therefore avoiding a particular district that might for example have 40 of the accounts in it versus another district that might
only have 20 Those notices have already gone out in the mail Whether or not whether
which option we would approve this evening really has no impact on the redistricting It s
something that administratively needed to be done at some point anyway going forward into the
future as the city grows Otherwise we would have been left with a number of districts that has a disproportionate amount of utility bills in it versus some of the other districts So I d be happy to
answer any questions about staff s proposal for the water rates or the storm water sewer or the
billing changes that I discussed in Chapter 19
27
53
Chanhassen City Council December 13 2010
Mayor Furlong Thank you Any questions for staff on these items The if you could go back
to the comparison Mr Sticha
Greg Sticha Winter or summer quarter
Mayor Furlong Let s go to summer because that s the one where it is driving it When we
received a presentation from a representative from Ehlers and Associates who we used to assist us in developing the rate study one of the components that was brought up was the need for
continual investment in the infrastructure In the distribution system for our water system and
demand that is placed on that system by our summer use Whether this is a question for you or
Mr Oehme our City Engineer but these two different proposals here they raise financially they
raise about the same amount of money for funding our water utility correct
Greg Sticha That s correct
Mayor Furlong So it s just a question of who pays for that funding source
Greg Sticha That s correct
Mayor Furlong Mr Oehme if you ve got just a second The demand on our distribution system
our water distribution system based upon summertime watering and usage if you could tell us a
little bit about that and what the impacts would be of not seeking to fund those capital improvements
Paul Oehme Sure Well the main issue is making sure we re meeting those peak demand
periods You know right now we see typically a 5 5 times as much water use on a winter basis
versus a or winter basis versus a summer peak demand period so there is a significant amount of infrastructure and capital cost Chemicals to treat the water properly Distribution of power to
generate those pumps to get the water into the system so there is a huge capital cost when you
compare it to our lower rates or what we typically use in winter months versus what we use in
the summer months The point that we re trying to make here is that that 5 times the amount of
what we use in the winter months versus the summer months those higher irrigating users typically that s what we re seeing in the summer months is that the irrigation systems driving
those capital costs and those expenditures We re trying to distribute the cost for those users
equitably If you re using the water we feel that user should be paying for that usage so you
know if we re not budgeting and making the capital investments to meet those higher demand
periods you know we re going to be falling short potentially so that means restrictions during the summer months Potentially doing something else to try to limit the amount of water we re
using during the summer months Shutting off water I don t know there s a number of things
we could potentially look at but you know we re not trying to limit the amount of water you
know property owners are wanting if they want to irrigate you know we encourage that to make
their lawns you know look nice But we re just looking at it from a financial standpoint and the cost of distribution standpoint that you know if you re using the water those are the property
owners that really should be paying for it
Mayor Furlong Okay thank you
28
54
Chanhassen City Council December 13 2010
Todd Gerhardt Mr Oehme can you guarantee that we re going to see grass by July 1
Paul Oehme I hope
Mayor Furlong Any other questions for staff on this Comments Discussion points on the
proposals before us this evening Councilman McDonald
Councilman McDonald You know we had this before us at the work session A lot of questions
were asked and answered at that point One of the questions that I bring up deals with
conservation of water I know that water is going to be a problem into the future I m not in
favor at this point of limiting anyone s ability to you know put water on their lawn but by the same token that is costing the City money and I m basically in favor of going to the five tier
system because I think that gives us the advantage to implement in the future as things maybe get
a little bit more difficult some conservation at a little finer detail than just trying to hit
everybody with cost but I am convinced that yeah water is going to be one of our next big crisis
that we re going to have to handle so I m satisfied that going to the five tier system will address those issues or at least it puts into play the tools to address those issues so I m in favor of doing
this It currently as I understand it it will hold the first three tiers at no increase for 3 years I
believe and I think that s fair to those users The users that again are irrigating that s fine Go
ahead but again you need to pay for the cost of doing that So that s kind of where I m at on this
That s the only comment I m going to make
Mayor Furlong Thank you Other comments Councilman Litsey
Councilman Litsey I m willing to support the fifth tier proposal because I think we do need it
for the infrastructure and I think it s important to stay ahead of the game We had some issues a couple years back here and we were able to get through them because we had enough funding in
place just to do that I would like to see in the future a closer look at conservation too because
there is a limited amount of it s a resource and there s a limited amount of it available so you
can say we ll make the people that use it pay for it but at some point there s not going to be
enough water to even go with that kind of concept so I think the Chanhassen Villager did a real service by putting an editorial in the paper talking about that I personally would like to see and
I know it s not going to happen tonight and I ll support the proposal because it s needed but I
would like to see a tightening of the ordinances some so that there was banning of lawn irrigation
during the day and I really think it d be helpful to have year round watering restrictions
Perhaps maybe not this coming spring with the massive amount of snow but I think we also have to look at conservation because you can say on one hand well yeah people that use it pay for it
but we all share in this resource and you know we ve had some people come in and talk to us
about the you know the availability from the certain aquifers and so forth and how much is left
and how long that will last and so I just hope that in the future as I leave the council that the
council at least take a look at looking at some of those conservation measures as well But I will support what s on the table tonight
Mayor Furlong Thank you Other comments Discussion Councilwoman Ernst
29
55
Chanhassen City Council December 13 2010
Councilwoman Ernst Well as I expressed in the work session I don t support the fifth tier and I
think we need to look at separating our infrastructure from our usage and once we can do that we can find a more sustainable cost but right now these costs are so variable with combining the
infrastructure with the usage and I believe we need to take a look at that and how can we break
that out Connection fees versus usage And the infrastructure related to the connection fees
Mayor Furlong By connection fees you re referring to new growth and development
Councilwoman Ernst Yes
Mayor Furlong Okay Alright Thank you Any other comments Discussion This is
conducting the utility rate study is something that we have been doing well I think probably about 6 7 years ago when we looked at adding the water treatment facility Recognizing that
major investment that we needed to do into our city to improve the water quality of our potable
water Drinking water And at that time there was policy decisions made with regard to how to
fund the improvements Rather than just conduct that study and then stop there one of the things
that this council has done is annually look at these rates in conjunction with needed investments in our distribution system whether it s the pumps Or excuse me the pumps Wells The
watermains The maintenance and replacement of old watermains as well as expansion of water
towers and other aspects to make sure that we have a system that can support the demand going
forward In conjunction with that so that gives us a good financial plan but also we recognize
that back in 2007 when we were going through a significant drought and a couple of our wells went out on us we recognize too that there was a water conservation aspect as well Not just
financial Some of these costs may change habits They may not but we worked towards
developing it with the help of our Environmental Commission and staff developed the Water
Wise program that focuses significantly on irrigation and that s ultimately where the water usage
takes place as Mr Oehme talked about And so to the extent that there are opportunities for individual property owners to reduce their use and still maintain their water at the level that they
want to we I think everybody up here would encourage them to do so That just makes sense
It s just being good stewards individually and as a city publicly for our natural resources I do
think from a rate study standpoint and the proposed changes in billing structure that we have an
opportunity to create some efficiencies in our administrative process but also that we better match the cost of the services being provided to those creating the demand for those services
That s something that we ve tried to do time and time again as we look at providing services
Public services and I think adding the fifth tier does that It is a method for again better matching
the benefit the cost with the benefit So I m supportive of it and I think it s I appreciate staff
and our advisors bringing it forward as an alternative to think about because for the vast majority of people we can keep the rates flat and still fund the demand that s being created by those that
are irrigating at the higher levels so I would propose and support the council moving forward
with the resolution that supports the fifth tier Any other questions or comments on this Mr
McDonald
Councilman McDonald I have a question kind of a point of order With the way the proposal
is put together how is the fifth tier structured into this because it s not really in the ordinance
All that does is unless I m misreading it
30
56
Chanhassen City Council December 13 2010
Greg Sticha The fifth tier is added in the attached amended ordinance If you see the it s under
water and it s the bolded line 99 001 plus gallons per quarter That s essentially the fifth tier
Councilman McDonald Okay
Mayor Furlong Okay Is that clarifying Any other questions or discussion If not would
somebody like to make a motion
Councilman Litsey I d like to pass the honor to Mr Litsey since this could be the last
Mayor Furlong Well we still have to adjourn I mean that one s but that s fine I ll recognize
Councilman Litsey
Councilman Litsey At least maybe get a majority So 5 a right We ll start with that I make
a motion that the council adopts the attached ordinance amending Chapter 19 of the Chanhassen
City Code concerning utility billing Do you want to do these together or separated
Mayor Furlong Together I guess
Councilman Litsey Together okay And also adopts the attached ordinance amending Chapter
4 of the Chanhassen City Code as discussed here That okay
Councilman McDonald Yep I ll second
Mayor Furlong Mr McDonald seconds that Any discussion on the motion
Councilman Litsey moved Councilman McDonald seconded that the Chanhassen City Council adopts the attached ordinances amending Chapter 19 concerning Utility Billing
and Chapter 4 concerning Utility Rates All voted in favor except Councilwoman Ernst
who opposed and the motion carried with a vote of 4 to 1
COUNCIL PRESENTATIONS ANNOUNCE RESULTS OF CITY MANAGER S PERFORMANCE EVALUATION
Councilwoman Tjornhom Were you ready to take council presentations
Mayor Furlong Yes I am Council presentations
Councilwoman Tjornhom We just gave Councilman Litsey his Maple Leaf award and usually
after that we can sometimes give a little feedback or a little goodbye and so I d like to just Bryan
this budget process has been interesting because I think in the 4 years we ve done it together this
is the first time we haven t fought you know And I want to say that it wasn t a bad thing You know being challenged is sometimes a good thing You offered up ideas that I didn t necessarily
always agree with but still I respected them and I respected you for how passionate you felt
about what you were fighting for and I think that this council will miss that You know we will
miss your insight and we ll miss the fact that you really enjoyed being on this council You
31
57
Chanhassen City Council December 13 2010
know you were here to serve the people and I just want to thank you And I mean that sincerely
Thank you for your 4 years and for what you taught me so I wish you luck professor in your next endeavor
Councilman Litsey I ll need luck with that
Councilwoman Ernst I have some comments I d like to make as well
Mayor Furlong Sure We ll go to Councilwoman Ernst and then Councilman McDonald
Councilwoman Ernst Bryan you and I have had many disagreements over the past 4 years
We ve agreed to disagree and the funny thing about it is after we would have our confrontational disagreements we could have these discussions afterwards and laugh and still have a relationship
and I want to thank you for those discussions and those times I m going to miss that here and I
want to thank you for serving here on the council and I want to thank you for serving as Chief of
Police in your public service position and I wish you the best of luck and thank you for
everything
Councilman Litsey Thank you
Mayor Furlong Councilman McDonald
Councilman McDonald Well I was going to save my speeches for Councilman Litsey for later
over a piece of cake but I do just kind of want to second everything everybody has said You
know I have enjoyed being on the council with you even though at times we probably
fundamentally do not agree over some things but who knows you may be changing and coming
more our way so
Councilman Litsey It only took 4 years
Councilman McDonald It only took 4 years but you know if we get just a little bit I d be happy
with that but the other thing that I did want to bring up is that Clark Horn died over the weekend and he s a former City Council member He s also very prominent within the Rotary for a
number of years and I just kind of wanted to recognize his service and you know the things that
we did for this city the community and for this council
Mayor Furlong Thank you Well said about former Councilmember Clark Horn and about current soon to be former member Councilman Litsey Bryan we ll focus on the areas of
agreement because everyone wants to go home at some point but I think the key component is
and where you really need to be proud and where I m proud having served with you is your
passion for doing the right thing for the right reasons and making this city an even better place
for all of us to raise our families and to live and work and I think there was never a doubt in my mind that your goal and objective was to do just that and that s to make Chanhassen an even
better place for all of us and on that we do agree
Councilman Litsey Yes
32
58
Chanhassen City Council December 13 2010
Mayor Furlong And for that I thank you You should be proud of your service to Chanhassen on the City Council and we thank you for your leadership and all of us wish you the best in your
next endeavors as well
Councilman Litsey I appreciate that I didn t think I d get emotional but I m getting a little
teary eyed so I do appreciate the nice comments and as you stated we haven t always agreed on everything but I too have always had I know that everybody on this council has the best interest
of the city in mind and is doing it for the right reasons and I ve learned a lot I think I ve maybe
it took me a while at times but you can be passionate but yet there s a way to try to bring
consensus together and I take away from this a lot of good things so thank you all and I know
that the City s going to be in great hands moving forward There s going to be some continuity because this could be basically the same council with Denny joining in and I m sure he ll do a
great job too so thank you for the honor to serve from the residents and for putting up with me
for the last 4 years
Mayor Furlong Sounds fine I do want to also make a verbal announcement regarding the activities that the City Council has been involved with in executive session City Council went
into executive session by that I mean it was not an open meeting to the public the purpose of
which was to discuss our city manager s performance and compensation The City Council met th in executive session on December 6 and again earlier this evening and I d like to share with the
public a summary of those discussions Mr Gerhardt s performance this year was ranked exceptional by the City Council This rating recognizes that Mr Gerhardt s performance during
this last year 2010 was one that consistently achieved the highest level of performance in his
duties and often went above and beyond anyone s expectations He accomplished many of his
personal goals those of the City Council and together with the City Council and his staff
coordinated and executed a number of strategic initiatives for our city Some of the major accomplishments this year include a completion of the new public works building which was
built on time under budget along with various street and utility improvement projects that will
improve our city s public services and infrastructure and lake quality for years to come
Working actively to promote economic development within the city through changes in our City
Code as well as activities such as the working together program that develops relationships between our city government and local business leaders Continuing to improve the City s
financial position planning process and outlook In spite of the difficult economic and financial
times in which we ve operated this position remains strong as exemplified by Standard and
Poor s reaffirmation of it s AAA bond rating A level that is only enjoyed by those most
financially strong and operationally sound cities in the state and across the country Working closely and effectively with other government organizations such as the School Districts 112
276 and Carver County and other cities This is probably best exemplified by having the City
initiate and lead the coordinated bidding process among multiple cities for our annual sealcoating
projects on our streets This reduced the City s cost without sacrificing quality or quantity of our
road maintenance system and indirect benefit as it improved the financial situation and ability of our neighboring cities to provide services for their residents Working closely and building
relationships with our citizens Prioritizing a philosophy of customer service by listening to
issues raised and seeking solutions for the benefit of all All told the City s accomplishments in
2010 under Mr Gerhardt s directions were numerous Each is built upon the many successes
33
59
Chanhassen City Council December 13 2010
that we have seen in our city over the years Mr Gerhardt s service as a city manager these last
9 plus years is one of the many reasons that Chanhassen has become nationally known as a great place to live work and raise a family In consideration of his performance the City Council
discussed with Mr Gerhardt his compensation package Notwithstanding his exceptional
performance and in consideration of our current economic and financial conditions in
conjunction with the anticipated budget that was passed earlier this evening there will be no
changes to Mr Gerhardt s compensation package in the coming year At this time I d like to extend an invitation to other council members to share any comments that you might have with
Mr Gerhardt regarding his performance as city manager this year Councilwoman Ernst
Councilwoman Ernst Todd thank you Had a great review and we talked about a number of
different things I want to say that I cannot express my appreciation enough and my respect for you for having the conversation prior to the work session tonight about the compensation and so
for that that shows just what a great leader you are and the compromises that you re willing to
make and so thank you for that
Todd Gerhardt Thank you
Mayor Furlong Others Councilwoman Tjornhom
Councilwoman Tjornhom I guess maybe because Bryan s leaving or something we ve become
reflective of the past 4 years and I guess the past 6 years I don t think I ve ever had a bad thing to say about our city manager and that s a good thing You know I m proud that you are
representing Chanhassen I m proud to live here and I think it s you and your staff that are or at
least play a big part in people feeling that way and so Todd it s your direction and it s your
leadership and your strength and you know I always say he ll get it done no matter what it is I
never worry because Todd will take care of it and he does and so I want to thank you for being that strong city leader that we need so thank you Todd
Todd Gerhardt Thank you
Mayor Furlong Mr McDonald
Councilman McDonald You know there s not a whole lot I can really add to that Yeah I think
I said it all as we went through the performance review itself You know leadership starts at the
top I think you provide an excellent example for staff that s reflected in the way that they work
and treat other people I believe that everyone gets treated with dignity that comes before the city As we said earlier everyone s not going to agree with the decisions that come out of it but
as long as they were treated with respect and dignity I think at that point you ve received your
fair process so thanks Todd for doing a good job and as I said when you stop answering your
own phone then we ll know we re in trouble so I think we re in good hands Thanks
Councilman Litsey Yeah I m glad that one of my last official acts is to recognize Todd because
you have done just a tremendous job during my 4 years as the city manager Your leadership
truly shows You lead by example You re inspiring to staff You ve assembled a great team I
mean all the department heads do a terrific just a great job and as well as other staff Obviously
34
60
Chanhassen City Council December 13 2010
other people that aren t in such high profile positions but also do their job day in and day out I
think Mayor Furlong summed it up best earlier about how just what a great staff we have overall and it s due a lot in part to your leadership so you have a high standard here to maintain but and
I wish times were better because you truly deserve additional compensation and your willingness
to forego that too for another year also shows to your character and leadership so it s I m going
to miss working with such a talented group of people I ll still watch you occasionally on TV
but and not show up too much to get in the way but thank you for all you do so you deserve all these comments You ve just done a great job and to everybody The whole city
Mayor Furlong Mr Gerhardt
Todd Gerhardt Again I ve got a talented staff You know it s a pleasure working with them Somewhere along the line we have some fun
Mayor Furlong Got cake
Todd Gerhardt We got cake Bethany wanted cake tonight so
Councilman Litsey Thank you Bethany I know how you feel about cake
Councilwoman Tjornhom You know if I were
Todd Gerhardt No we have to save the face for Josh so but you know I want to thank Bryan
for his leadership these past 4 years I don t know what meetings you ve been at but I haven t
heard of any disagreements or fighting or whatever you have said
Mayor Furlong Why did he get such a good rating as city manager
Councilwoman Tjornhom That wasn t a category
Mayor Furlong That wasn t a category
Councilwoman Tjornhom Paying attention
Councilman Litsey Notice he waited until after he got rated
Todd Gerhardt But if you want to see fights or arguments you should come to our Tuesday staff meetings Those will set you back but you know what a great team I have Not just the staff but
council We don t all have to agree We challenge each other and that s what makes this
community better I can tell you talking to my peers that I m glad I m sitting here and not
someplace else Financially but just because of the people that I get to work with especially
Laurie Hokkanen She makes sweeping changes when I m gone that makes this place great You know we all seem to help each other When somebody s down somebody else picks
somebody else up and they work together and they communicate and that s the key thing
There s different forms of communication and that s how we challenge each other and thank
you This is a great community It s special Even with all the snow it s a beautiful community
35
61
Chanhassen City Council December 13 2010
so thank you for the great review and I look forward to working with Denny next year to be a
part of the team and accomplish more next year and the years to come and make sure that this city maintains it s high standards I just know that the staff is up to that challenge And thank
you for recognizing their efforts too It s appreciated because they do work hard One of the
things they did this past week especially the public works guys spent 18 hours out making sure
our roads are travelable and I would also like to reflect a little bit on Clark Horn who was on the
City Council when I was first hired here in 1986 Clark has been a big supporter of mine during his time on the council and then as Chairman of the HRA and Clark is going to be missed by
many He was a very bright man and provided a lot of leadership when we were starting to
redevelop the downtown and through that leadership we get to see the benefits of it today so he s
going to be missed That s all I have
Mayor Furlong Okay thank you It s just as some quick comments You talk about we ve
talked about Todd and his involvement but the staff too I can t help but as these comments are th taking place think about the 50 anniversary chamber event that we the luncheon that we had a
few weeks ago and the number of people that were there that talked about the great relationship
they had with the City and specifically weren t talking about the City as an organization but the City as a people and those people include Todd They include Kate and Todd and all the people
that have been around for years and years and it s a credit to all of you to be able to work your
passion for serving other people Todd we appreciate all that you do You know that We ve
talked about that I think that should be clear but clearly there is a dedication and passion within
the employees of this city that is I believe second to none in terms of what they do There have been a number of examples Some recently where it s just in people s hearts to help other people
and even if it doesn t turn out the way you might expect it would at the time know that
everybody needs to know that their efforts are appreciated and so and that s I think Todd as
we ve talked about you know when it s inbred to help other people it s hard to say no but we ve
got great people in this city Not just all our residents That s part of being in these positions I think all of you would agree is the number of good people we get to meet but we have good
people serving us every single day as well and so as we end our year here with this council
meeting there may be a few more comments but I want to make sure it s on the record that for
myself and I know I speak for the rest of the council that we sincerely appreciate everyone s
efforts day in and day out to make Chanhassen such a great place for all of us to call home
ADMINISTRATIVE PRESENTATIONS
Mayor Furlong Administrative presentations anything you want to share with us
Todd Gerhardt Snowplowing went well The guys did spend quite a bit of time out there
About 18 hours and slight property damage to a couple street signs and a couple mailboxes No
vehicles were damaged and the guys did a great job of keeping the fleet going No major down
time for any of our drivers so they were constantly on the road so you know for that type of
event the guys did a fantastic job and appreciate their effort out there It s a challenge When you have white out conditions and you re in that truck and you re pushing snow and then you ve
got blowing snow the only thing you can really go on is the feel of that curb once in a while so
they do a great job
36
62
Chanhassen City Council December 13 2010
Councilman Litsey Yeah it was a great job cleaning up I don t know where you re going to
put the snow after this but
Todd Gerhardt Hopefully it goes back in the ground
Mayor Furlong Infiltration
Todd Gerhardt Yeah
Mayor Furlong Thank you Any questions for Mr Gerhardt No
CORRESPONDENCE DISCUSSION None
Councilman Litsey moved Councilwoman Ernst seconded to adjourn the meeting All
voted in favor and the motion carried unanimously with a vote of 5 to 0 The City Council
meeting was adjourned at 9 20 p m
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
37
63
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
DECEMBER 7 2010
Chairman Laufenburger called the meeting to order at 7 00 p m
MEMBERS PRESENT Denny Laufenburger Andrew Aller Kathleen Thomas Kevin
Ellsworth Tom Doll and Mark Undestad
STAFF PRESENT Kate Aanenson Community Development Director Sharmeen Al Jaff
Senior Planner and Alyson Fauske Assistant City Engineer
PUBLIC PRESENT
Mary Beth Maki 150 Lakeview Road East
Joe Jablonski US Home Corporation and Lennar
Tom Vasquez 179 Lakeview Road East
Tim Amlie 8796 North Bay Drive
Andy Hopper 181 Lakeview Road East
PUBLIC HEARING
LAKEVIEW REQUEST FOR REZONING FROM RESIDENTIAL SINGLE FAMILY
RSF AND MIXED LOW DENSITY RESIDENTIAL R4 TO RESIDENTIAL LOW
MEDIUM RLM AND SUBDIVISION OF APPROXIMATELY 50 ACRES INTO 66 LOTS AND 4 OUTLOTS ON PROPERTY LOCATED NORTHWEST OF THE
INTERSECTION OF LYMAN BOULEVARD AND LAKE RILEY BOULEVARD AND
SOUTH OF HIGHWAY 212 APPLICANT US HOME CORPORATION DBA
LENNAR PLANNING CASE 2010 12
Sharmeen Al Jaff presented the staff report on this item Commissioner Ellsworth asked for
clarification of items in the staff report pertaining to wetlands drainage runoff and the
permitting process Commissioner Thomas asked about Street C being able to handle emergency
vehicles Commissioner Doll asked about grades runoff and headlights hitting houses
Chairman Laufenburger asked about drainage and wetlands Joe Jablonski with US Home Corporation and Lennar reviewed the site design process Commissioner members asked Mr
Jablonski to address concerns with building near the wetland noise attenuation feedback from
the neighborhood meetings history of US Home Corporation and Lennar in the community and
the phasing and timeline for construction Chairman Laufenburger opened the public hearing
Tom Vasquez 179 Lakeview Road East and President of the North Bay Homeowners Association clarified errors pertaining to street names and housing types before expressing
concerns with runoff from this site into the North Bay property and asking that construction
traffic be routed off of Lyman Boulevard Tim Amlie 8796 North Bay Drive asked the
developer to work with MnDOT to do whatever possible to address noise from Highway 212
and expressed concern with dust control and trailer storage Andy Hopper talked about runoff from this property into North Bay fencing and wildlife corridors Chairman Laufenburger
64
Planning Commission Summary December 7 2010
closed the public hearing After questions and comments from commission members the
following motions were made
Single Family Residential District and R 4 Mixed Low Density Residential to RLM
Residential Low and Medium Density District for Lakeview Subdivision contingent upon
final plat approval as shown in plans dated received November 5 2010 and adoption of
the findings of fact All voted in favor and the motion carried unanimously with a vote of 6 to 0
Aller moved Undestad seconded that the Planning Commission recommends that the City
Council approves the preliminary plat for Planning Case 10 12 for Lakeview Subdivision for
66 lots and 4 outlots as shown on the plans received November 5 2010 subject to the following conditions and adoption of the findings of fact
1 The applicant shall add 34 trees to its total for tree planting The landscape plan shall show
at total of 282 trees to be planted
2 All trees proposed to be preserved shall be protected by tree preservation fencing Fencing shall be installed prior to grading
3 All work and drainage discharge within the MnDOT easement must be approved by
MnDOT
4 The public drainage and utility easement on the north side of the development must be
vacated
5 The existing building and driveway on the north side of the site must be removed
6 Based on the proposed grading a low area will be created west and north of the Street C stub
The developer must work with the adjacent property owner to either grade out the low area
or install storm sewer to prevent water from ponding in the area
7 The developer s engineer will shift the storm sewer at the back of Lots 38 to 41 Block 3
further north in order to provide a larger unencumbered backyard area
8 The storm sewer alignment at the back of Lots 19 and 20 Block 3 must be adjusted to
minimize the required drainage and utility easement
9 The lowest opening of a building must be minimum 18 inches above an adjacent emergency
overflow
10 Additional information must be shown on the final grading plan to show how drainage from
the Highway 212 berm will be directed into the existing flared end section located north of
proposed Lot 27 Block 3
2
65
Planning Commission Summary December 7 2010
11 An encroachment agreement is required if the developer wishes to install an entrance
monument at the Street B intersection of Lyman Boulevard
12 A temporary turnaround is required at the western end of Street C
13 The development is adjacent to Lyman Boulevard and is therefore subject to the arterial
collector fee at the time of final plat
14 The developer will not be reimbursed for the relocation cost of the 12 inch watermain since
the work is development driven
15 The watermain within Street B between Lyman Boulevard and Street A shall be 8 inch
16 The delineated wetland boundary must be moved so that no portion of the boundary is located at
an elevation less than the 868 foot contour
17 The delineated wetland boundary will not be considered approved until the public comment
period has ended on December 13 2010
18 The wetland buffer behind Lot 7 and Lot 8 of Block 4 shall be minimized to be coincidental
with the rear lot lines The area of buffer that would otherwise be present shall be compensated
for elsewhere along the wetland boundary
19 The applicant with the assistance of the City must show that adequate capacity exists within
the North Bay storm sewer system to accommodate the proposed drainage area to be directed to
North Bay
20 The NPDES General Stormwater Permit for Construction Activity must be applied for and
obtained prior to any earth disturbing activities Proof of this must be provided to the City
21 Reasonable efforts must be made to provide a maintenance access road to ponds 100 and 200 in
compliance with City Code and the NPDES General Stormwater Permit for Construction
Activity
22 Additional data must be provided for cul de sac D to demonstrate sufficient grade for adequate
drainage
23 A minimum of two feet of separation must be provided between the emergency overflow for the
MnDOT drainage swale and the low floor opening for Lot 5 Block 2
24 Two foot sumps shall be included with structures CBMH 104 MH 203 and MH 222
25 All storm sewer shall be within a drainage and utility easement
3
66
Planning Commission Summary December 7 2010
26 Hydraulic calculations shall be provided to the City for review and approval before the final plat
can be issued
27 Mulch MnDOT Type 3 certified weed free shall be used in all of Block 4 Outlot A and Outlot
B whenever mulch is called for
28 The remainder of the gully which originates under Lots 4 and 5 Block 2 shall be filled in This
shall be done in such a manner as to avoid additional tree loss and the introduction of weeds and
invasive species
29 The estimated SWMP fees in the amount of 82 228 55 are due at the time of final plat
30 Phosphorus removal will need to meet the minimum 60 removal rate and should maximize
that to the greatest extent practicable
31 The applicant shall be responsible to assure that all other agency permissions are applied for and
resulting conditions are met
32 A Landowner Statement and Contractor Responsibility form will need to be filled out and
submitted to the LGU City of Chanhassen and the DNR The form can be found at
http www bwsr state mn us wetlands forms Contractor Responsibility doc
33 Appendix A C 1 and C 2 must be addressed including
a Exposed soil areas must be stabilized as soon as possible but never later than seven 7 days
b A discussion of the feasibility of infiltration and the appropriate response to these findings
34 Building Official Conditions
a Demolition permits must be obtained before demolishing any structures on the site
Application for such permits must include hazardous substances investigative and
proposed mitigation reports
b A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued
c Retaining walls over four feet high must be designed by a professional engineer and
require permits inspections and final approval
d Each lot must be provided with separate sewer and water services
e The developer and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures
35 Fire Marshal conditions
4
67
Planning Commission Summary December 7 2010
a Submit street names to Building and Fire Marshal for review and approval
b No burning permits will be issued Tress scrubs etc must be removed from the site or chipped
c Mains and fire hydrants shall be installed and made serviceable prior to combustible
construction
d A three foot clear space must be maintained around fire hydrants
e Temporary street signs shall be installed as soon as construction begins Signs shall be of an approved size as required by the Chanhassen Fire Marshal They shall be weather
resistant and maintained until replaced by permanent signs
f Fire apparatus access roads and water supply for fire protection is required to be
installed Such protection shall be installed and made serviceable prior to and during
time of construction except when approved alternate methods of protection are provided
g The proposed hydrant between Lots 3 and 4 Block 2 must be relocated to the intersection
of Streets B and C
h The proposed hydrant between Lots 3 and 4 Block 1 must be relocated to intersection of
Street B and Lyman Boulevard
36 The lot width at the rear setback line for lots 1 and 2 Block 4 must be adjusted to reflect 90 feet as required in the Shoreland Ordinance
37 Successful transfer of Outlot B 4 83 acres to the City of Chanhassen through a
combination of dedication 3 08 acres and fee purchase 1 75 acres for development and
use as a public neighborhood park
38 A sign reading This Road Will Be Extended in the Future shall be placed at the west end of Street C
39 The applicant shall work with staff to evaluate the use of a privacy fence and vegetation
along the north edge of the property to lessen the noise impact from Highway 212 A
solution will be presented with the final plat
All voted in favor and the motion carried unanimously with a vote of 6 to 0
PUBLIC HEARING
COMPREHENSIVE PLAN MINOR AMENDMENTS REVIEW CHAPTER 2 LAND
USE MIXED USE AND CHAPTER 7 TRANSPORTATION ROAD
CLASSIFICATION OF THE 2030 COMPREHENSIVE PLAN
Kate Aanenson presented the staff report on this item Commissioner Ellsworth pointed out
changing old Highway 212 to County Road 61 and US 169 to 101 Chairman Laufenburger
opened the public hearing No one spoke and the public hearing was closed
5
68
Planning Commission Summary December 7 2010
Ellsworth moved Thomas seconded that the Chanhassen Planning Commission recommends that the City Council approve the proposed 2030 Comprehensive Plan
amendments to Chapter 2 Land Use Section 2 1 1 and Chapter 7 Transportation
Sections 7 6 5 7 6 6 7 6 3 2 and 7 6 3 3 All voted in favor and the motion carried
unanimously with a vote of 6 to 0
APPROVAL OF MINUTES Commissioner Ellsworth noted the work session verbatim
and summary minutes of the Planning Commission meeting dated September 21 2010 with
changes on pages 7 11 and 13 of the verbatim minutes and pages 1 and 3 of the summary
minutes changing Ellsworth to Aller All voted in favor and the motion carried
unanimously with a vote of 6 to 0
CITY COUNCIL ACTION UPDATE None
COMMISSION PRESENTATIONS Chairman Laufenburger thanked fellow commissioners
and staff noted this was his final meeting as a Planning Commissioner
PLANNING COMMISSION ADMINISTRATIVE ISSUES Kate Aanenson reviewed the
process of filling the two vacant Planning Commission seats issue papers regarding detached
structures in the shoreland district commercial districts and implications of the Minnetonka
Supreme Court case
Thomas moved Doll seconded that the meeting is adjourned All voted in favor and the
motion carried unanimously with a vote of 6 to 0 The Planning Commission meeting was
adjourned at 8 35 p m
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
6
69
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
DECEMBER 7 2010
Chairman Laufenburger called the meeting to order at 7 00 p m
MEMBERS PRESENT Denny Laufenburger Andrew Aller Kathleen Thomas Kevin
Ellsworth Tom Doll and Mark Undestad
STAFF PRESENT Kate Aanenson Community Development Director Sharmeen Al Jaff Senior Planner and Alyson Fauske Assistant City Engineer
PUBLIC PRESENT
Mary Beth Maki 150 Lakeview Road East Joe Jablonski US Home Corporation and Lennar
Tom Vasquez 179 Lakeview Road East
Tim Amlie 8796 North Bay Drive
Andy Hopper 181 Lakeview Road East
PUBLIC HEARING
LAKEVIEW REQUEST FOR REZONING FROM RESIDENTIAL SINGLE FAMILY
RSF AND MIXED LOW DENSITY RESIDENTIAL R4 TO RESIDENTIAL LOW
MEDIUM RLM AND SUBDIVISION OF APPROXIMATELY 50 ACRES INTO 66
LOTS AND 4 OUTLOTS ON PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF LYMAN BOULEVARD AND LAKE RILEY BOULEVARD AND
SOUTH OF HIGHWAY 212 APPLICANT US HOME CORPORATION DBA
LENNAR PLANNING CASE 2010 12
Sharmeen Al Jaff presented the staff report on this item
Laufenburger Alright thank you Sharmeen Nice job In just a moment we ll ask the applicant
if he or she would like to make a presentation but before we do that are there any questions from
the commissioners for the staff Kevin I ll start down on your end
Ellsworth Yes Mr Chair Sharmeen on I have a few questions On page 6 we talk about th comments due to the City by December 13 regarding the approval of the wetland type and
boundary What s the purpose of that public comment and does it have any impact on what
we re talking about today in terms of decisions by the Planning Commission
Al Jaff There is a new ruling that basically when you delineate a wetland you need to have a 30
day comment period for them to basically provide you with any feedback
Ellsworth So the public could have input on if they delineated it incorrectly for instance That
would be the feedback that they re looking for from the public or what kind of input are they looking for
70
Planning Commission Meeting December 7 2010
Al Jaff It s not the public per se It s the agencies that need to provide the feedback
Ellsworth Oh okay Has there been any
Al Jaff The Water Resources Coordinator has had conversations with them and they don t
believe there will be any issues They re fairly confident that it will be fine
Ellsworth Alright thank you And then on page 7 talking about the Best Management
Practices It s I don t know two thirds of the way down It talks about additional Best
Management Practices will likely be necessary as the project progresses and condition changes
Who monitors that project as it progresses and makes the decision that they need to change what s proposed or add different practices
Fauske The City contracts with Carver County Soil and Water Conservation District to do site
inspections and so that comment just kind of covers as rain events happen certain storms they
might have to look at alternative practices but the plan that they submitted by and large meets our standards
Ellsworth Do they go out after a rain event or is there just
Fauske Yes
Ellsworth Okay
Fauske They have regularly scheduled inspections and then after a rain event they re checking
on developments
Ellsworth Very good Then on page 8 talking about North Bay receiving some of the drainage
and it talks about adequate capacity in their storm sewer system Was that has that been
determined or is that do you think will be an issue or
Fauske We don t anticipate it will be an issue but we are updating the model The City has a
model that we re working with the developer s engineer to ensure that there s adequate capacity
Ellsworth And that would come out of the Outlot D that water quality basin 300 Does that
become the reserve the reservoir for the storm water and then it drains out of there over time is that how that works
Fauske That s correct
Ellsworth Okay And then on page 9 the phosphorus treatment going into Lake Riley How I guess I read that but I didn t understand A is it an issue B is it measurable Is it C treatable
What actually goes on in that regard
2
71
Planning Commission Meeting December 7 2010
Fauske Phosphorus removal is a requirement set down by the State Phosphorus removal is
typically taken by the systemic solids within the runoff so the particulate matter in the runoff contains phosphorus and so the ponding that you see throughout a development is intended to
allow those particulate matters to settle to the bottom of the pond and therefore reducing the
phosphorus load within the water And then part of the City s maintenance of storm water ponds
includes every it depends on the pond but you dredge out the pond You take those sediments
out so that it continues to function as designed
Ellsworth Okay Is there any monitoring downstream of the pond to see if the phosphorus is
actually settling out with the sediment
Fauske The City works with the Watershed District on doing water quality monitoring I don t know the specifics of the downstream in this particular case
Ellsworth Is Riley getting worst or better from the treatments that we ve been providing or
don t you know
Fauske It s hard to say because the data is so new We don t have any long term monitoring on
that
Ellsworth And aren t they doing a study with the carp who are digging up the sediment on the
bottom too and trying to take those out
Fauske Yes
Ellsworth Okay And then the same right below that talks about the NPDES general storm
water permit and I guess a more general question too There was a comment about all other agencies permissions are applied for What s the follow up for that How do we know that that
actually occurs That s on I think page 18 when we talk about that
Al Jaff We will not issue a building permit until we have copies of all of the different permits
and we are copied on them as each agency approves them
Ellsworth Okay so it s
Aanenson It s actually they don t get a letter to proceed until all that s permitted They don t
proceed until all those have been met
Ellsworth So you wouldn t prohibit any earth movement
Aanenson Typically we would yeah For grading permits and all that so there wouldn t be
usually we walk a site Typically if there s erosion control or if there s tree buffering or tree fencing that needs to go up then we would walk typically walk all that Then they d be given
an order that they can start the project so that s something that Alyson would usually check
through and make sure that s all put in place before they can get that
3
72
Planning Commission Meeting December 7 2010
Ellsworth Okay great Yeah Thanks very much That s all I had Mr Chair
Laufenburger Thank you Kevin Kathleen
Thomas Yeah actually I have a question How are these streets pretty much the way they re
going to be because I have a question about Street C It s the one that kind of just dead ends
currently You know there s not a cul de sac It s that yeah those rows to the left of Street C Yeah because it s just kind of like a you know it just stops I was just curious if it provides
adequate turn arounds for fire vehicles and things like that
Al Jaff It s a condition of approval that they provide a turn around
Thomas Okay because it just looked very dead end so it didn t seem like you could back a
truck a fire truck back up and get out
Al Jaff You are correct
Thomas Okay I just wanted to double check Thank you
Laufenburger Anything else
Thomas That is it
Laufenburger Okay Mr Doll
Doll Just curious I know you ve looked at this Any concerns with Lots 1 2 3 4 I guess and
Lot 4 It seems like they re pretty steep in the back yard to that pond
Al Jaff It is a 3 to 1 grade and there is adequate back yard It exceeds 15 feet in width
Doll It is 15 okay
Al Jaff That s in addition to the actual patio area
Doll Oh okay And just a thought on Lot 4 Block 4 you ve got a kind of a road Just think
about headlights hitting somebody s house Maybe there s a thought I know you want garages
on the high side but maybe flip the garage on that so that they re not getting hit and people aren t being disturbed by cars coming in and out of there
Al Jaff That s a very good point
Doll Do any indication of what would be going into the west you know as far as future thought of development
Aanenson It is guided low density residential We ve asked the applicant to look at that piece
just you know again working with them as Sharmeen indicated to make sure because we have
4
73
Planning Commission Meeting December 7 2010
the drainage Maybe you could point to that drainage area to the west there It kind of and
looking at the grades where is the best place to put it so we did ask them to meet with the property owners to the west just to make sure we had that in the best place to provide that s our
job to make sure that they have adequate ability to tie into that street and it would go all the way
over to Quinn Road so it could come in RLM Again the reason we went with the RLM zoning
as Sharmeen indicated we re kind of between some other zonings It s a nice transition so if you
go over to Quinn Road those lots are a little bit bigger so they could change but it wouldn t be probably less than what this is It could be a little bit bigger lots Right now those are still on
septic and well in that area
Doll Oh they re nice homes Any I didn t really look at the berm area on 212 No issue with
drainage into you know back into the proposed lots
Fauske There is some drainage that enters into MnDOT right of way and so the applicant will
have to work with MnDOT to get a drainage permit to allow for that but overall the drainage
within MnDOT right of way decreases with this development because of the on site ponding and
the grading that they re proposing to do
Doll Okay And you re good with you know you mentioned in here you re worried a little bit
about getting access to 100 and 200 or you know
Fauske That s always something that seems to come up quite a bit with developments We ll work with the developer to try to grade in a bench so that we can get equipment down there to
maintain the ponds
Doll Okay I have no further questions
Laufenburger Okay Mark Anything Andrew do you have any questions
Andrew No I went down I just want to note that there s some 38 conditions on the motion as
well and by meeting these conditions then they ll meet or exceed all our standards as required by
code
Laufenburger I have just a couple Sharmeen you mentioned that there was a neighborhood
meeting
Al Jaff Yes
Laufenburger Any idea on how many attended that meeting
Al Jaff My understanding there were 5 couples that attended the meeting and maybe that would
be a question for the developer
Laufenburger For the applicant yep Okay Bear with me just a moment here The visual that
you have on the screen right now it suggests there will actually be a visible stream going from
5
74
Planning Commission Meeting December 7 2010
the northwest portion of the property along that low area and then draining into the wetland Do
you anticipate that that will actually be visible and there will be surface water running there
Al Jaff It depends on how much rain we get It does carry quite a bit of water from 212 and
Alyson do you want to
Laufenburger Is this water being carried from the settling pond in the cloverleaf of 212
Fauske That s correct yes
Laufenburger Okay so that water after it settles and it reaches a certain point it will drain into
this wetland and then from the wetland into Lake Riley
Al Jaff Correct
Laufenburger Okay Alright thank you Okay I think that was all the questions I had of staff
Thank you very much Do we have an applicant present that has wants to make some remarks State your name please
Joe Jablonski Good evening
Laufenburger Would you speak at that podium please Thank you
Joe Jablonski Good evening My name is Joe Jablonski representing US Home Corporation
and Lennar as the applicant I apologize I m fighting a cold a little bit here but we ll fight
through it Just a real brief history of the site or I guess where we got the plan that you see
before you this evening First off I want to thank staff for their work and introduction on the application before you this evening I think they pointed out several things that were key in
coming up with what you see before you Really when we looked at this we looked at three
different issues that the site really has or challenges I guess One of them is the higher density
on the north end by North Bay and then the opportunity to transition it down into Springfield
That was one of the things that we looked at as a critical component in the planning The other one was of course dealing with Highway 212 and the MnDOT drainage right of way there and
how that kind of dissects the property the way that it does and how to appropriately plan and
prepare for that so that we were minimizing the impacts that the residential lots would have up
against 212 and we feel that we ve done a pretty good job of doing that with this plan And then
the other part of it is dealing with the shoreland overlay Again that s another issue on the site It s not a real big site to begin with It s 50 acres and that s dealing with three pretty challenging
things I think our s site plan here has done a very good job of dealing with those and just
wanted to run through that real briefly for you Other than that I guess to answer the question or
comment on the neighborhood meeting there were I believe 5 couples that showed up We did
have separate meetings with the two property owners immediately to the west there and the neighborhood meeting notices were sent out to the same list of public publications so it went out
to the 500 foot radius and we did contact the homeowners association at Springfield and invited
them to pass information to encourage them to attend as well so I guess I d be happy to answer
any other questions you have I think we have done I think with the components of the site and
6
75
Planning Commission Meeting December 7 2010
the size of it and what we had to deal with I think we really did come up with a good plan that
meets the needs of the site and fits within what the City is looking for in future development so be happy to answer any questions
Laufenburger Alright thank you Mr Jablonski If you just want to wait there for a second
Mark any questions
Undestad No questions
Laufenburger Andrew how about you
Aller Mr Jablonski I went out to the site and I took a look at it and I think the plan does a really good job of utilizing the area that you have which is minimalized by shoreland overlay
My major concern when I was out there was looking at the transition from the wetland and on
those properties that abut that and I m wondering with the do you know what type of footings
are contemplated as far as the homes that are
Joe Jablonski You mean the shoreland overlay
Aller Yeah Are they going to be deeper than normal Are they going to be standard Are
they going to be
Joe Jablonski Well what we would do is attempt to or we would work with our soil engineer
and our primary design engineer to come up with our first choice would be to correct them all so
that any house can be built on any pad and not have those issues If there are certain cases
where because basically what we re doing is if you were out there you re familiar with the fact
that obviously the wetland sits down low and that as you get up towards 212 the elevation comes up quite dramatically It was another challenge of this site that I didn t really point out but what
we were proposing or planning to do was basically bring the grades of those up so that we re
correcting pads and creating walkout s on there so that they re taking advantage of the 8 to 10
foot fall from the top at the street grade down so our intention would be to not have to do that but
of course we work with our soil expert and our professional engineers and the City s building department to make sure we re following codes and standards
Aller Do you know how high you contemplate that from being from the high water mark of the
wetland
Aanenson City ordinance is minimum 3 feet so those are always checked between the different
departments for review but that s the minimum The lowest elevation
Fauske Mr Chair if I may To answer Commissioner Aller s question based on the
information the high water level of the proposed pond is at 869 with the low for the adjacent walkout s being around a 92 so there is over 20 feet there in elevation so we anticipate adequate
Laufenburger Does that answer your question
7
76
Planning Commission Meeting December 7 2010
Aller It does thank you Otherwise I ve again I ve been out to the property I compared it
with the drawings and the specs that we have on the report which was another great job by staff and I think it looks like a really nice plan
Laufenburger Okay How about this end Kevin you have any questions of the applicant
Ellsworth Yes Mr Chair Mr Jablonski was there any decibel curves drawn from the noise from the freeway What do you anticipate for noise in those homes you know closest to the
highway
Joe Jablonski We have not evaluated that through a study We would obviously we understand
that there ll be certain challenges marketing wise for those particular homes and we ll do I guess what we feel necessary Probably above and beyond the landscape type plan that you see there
but would meet those through our marketing
Ellsworth I guess my concern is that you know 5 years from now the homeowner s get together
and say oh it s too noisy here and then now you petition MnDOT for a sound wall and then we all pay for the sound wall whereas it would be part of the development if it went up first I have
no idea what the relationship with MnDOT is in petitioning for a sound barrier or not And
maybe staff can help me there
Joe Jablonski The I can speak to that a little bit Well first off the good thing about this case is that the road is already in so the homes are going to be familiar with the fact that the road s there
It s not going to be something that 5 years 10 years from now it s going to be a surprise I think
people understand that over time the traffic s probably going to get worst you know and it s
going to be used more However we will also through our purchase agreements and things
properly disclose that you know obviously you re in close proximity to a highway and that we re going to make sure they understand that we re doing everything we can to tell them and be
upfront with them about the highway and things There are decibel standards put forth by
MnDOT for sound walls and those type of studies that are done and one of the things that they
do is a I guess a feasibility or reasonableness study and with that they measure how many homes
will benefit from the use of a sound wall given a distance away from and I believe in this calculation it was approximately 12 homes Not having a soil or a sound study completed but
just off of my conversations with our engineer and with that what they do is they take the
feasibility or the cost related to preparing sound walls See how many homes it will benefit and
then what the cost and the in this case what is determined is that the cost associated with a wall
would probably not benefit the community as a whole Because as you get further away from Highway 212 that need for it is going to continue to drop and so
Ellsworth But are the homes on the edge looking down on the highway or is there a berm that
separates it That you look up from that yard
Joe Jablonski The homes as you go from east to west I believe the homes on the far west
which would be Lot 11 and 12 are approximately 68 feet above sitting about the highway at
garage level So those homes and yards will be at or above the garage Or Highway 212
8
77
Planning Commission Meeting December 7 2010
Ellsworth Okay thank you
Laufenburger It does present a marketing problem though doesn t it
Joe Jablonski It could It could be challenging a little bit on those particular home sites but
that s why you know when we went through several concepts when we were laying this out and
one of them had several homes backing up into 212 corridor and we decided to make the adjustment and change it the way you see it tonight simply to reduce or minimize the number of
homes that are impacted by it
Laufenburger Kevin you have any more questions
Ellsworth No
Laufenburger Commissioner Thomas
Thomas I do not have any questions thank you
Laufenburger Commissioner Doll
Doll What was the and you may have said this and I missed it The consensus from your
meetings with people Positive Negative
Joe Jablonski To be honest the most response we got was people prospecting or looking to
move from Springfield into a new community So I would say that s a positive for us yes
Laufenburger Anything else
Doll No
Laufenburger Mr Jablonski do you does US Home Corporation have any other experience in
Chanhassen
Joe Jablonski Yes
Laufenburger Can you talk a little bit about that please
Joe Jablonski We US Home Corporation is also an affiliate of Lundgren Bros and Orrin
Thompson Homes We did develop and build the homes across the road in Springfield We ve
built Ashley Meadows We re currently building in Pinehurst and Lake Harrison We have built
a number of communities throughout Chanhassen through the years so we re very well versed in
Chanhassen in the area and have a pretty long history
Laufenburger Okay very good In the report there s discussion about the phases or the pace at
which you would likely develop Can you just speak to that a little bit now that you re here
9
78
Planning Commission Meeting December 7 2010
Joe Jablonski I can Obviously it s a little bit difficult to speak about the marketability or how
quickly things will go but what our current projections are between 25 20 to 25 a year so it d be about a 3 year development or build out
Laufenburger And if things go well you would begin development in the spring is that correct
Joe Jablonski Correct
Laufenburger Okay So just for those of us that are not familiar with the construction industry
if you begin development in the spring does that mean we d likely see foundations showing up in
the fall or the following spring
Joe Jablonski We are pretty aggressive in starting our homes as long as we re able to work
with our with the building department and the fire marshal We like to get started pretty early in
the process if the access is appropriate and we d like to get started for sure by fall so that we
have something ready right away in the spring of the following year
Laufenburger Okay Do you name the streets
Joe Jablonski Me personally no
Laufenburger But does the developer
Joe Jablonski The developer does We were limited in naming the main road coming in
because it is a dead end connection from North Bay so that was a required street name The rest
of them you can correct me if I m wrong but
Aanenson They submit the names of building department reviews them and then also the
County can reject them too if there s ambiguity or similar type names so
Laufenburger Do you sell the names and get a huge royalty like TCF Bank Road or anything
like that
Aanenson No Alright Thank you Any other questions
Aller Mr Jablonski would you be intending to grade all at once or piecemeal
Joe Jablonski That s going to be challenging part of this It s likely we will have to grade the
whole thing just because of the topography of the site and some of the things that we re having to
deal with It s very likely we ll have to grade it all
Aller And do you foresee putting in the park during the grading phase or Phase I
Joe Jablonski Well it is a city park so we ll be working with the park commission and the park
board and City Council to see what they want to do but certainly our we would prefer to see the
park done as quickly as possible
10
79
Planning Commission Meeting December 7 2010
Aller Thank you
Laufenburger Alright thank you Mr Jablonski
Ellsworth Mr Chair
Laufenburger Yes
Ellsworth Mr Jablonski I m not familiar with developments how they evolve Will you start
on the northern end building homes or is it really whoever comes in and says oh I like that lot
and so you build a house there Someone comes in and says I like that lot over there or is there a process
Joe Jablonski Well we would start with the primary entrance off of Lyman Boulevard there and
assuming we were doing approximately 25 lots per phase that would get us about part up to the
intersection of the first cul de sac road and may even get into that whole first cul de sac on the west side And typically we start model homes and inventory homes obviously with close
proximity to a main entrance but from there it is kind of market driven on where people want
Ellsworth Thank you
Laufenburger Alright thank you Mr Jablonski
Joe Jablonski Thank you
Laufenburger At this time I d like to open the public hearing If there s anybody present that would like to speak about this item I d ask that you please step up to the podium State your
name and address Good evening and welcome
Tom Vasquez Good evening My name is Tom Vasquez I live at 179 Lakeview Road East
That s in North Bay and for the last 5 6 years I ve been privileged to serve as the president of the North Bay Homeowners Association I d like to call the commission s attention to two errors
that are made in the application for this development On page 3 of the application under the
heading City Standards in that paragraph it reads to the east you will find the higher density
North Bay neighborhood North Bay is made up of attached and detached townhomes That is
not correct North Bay has only single family homes There are no common walls There are no attached townhomes I suspect that that statement might have been made to affect the last
sentence in that section which relates to the differing densities between North Bay and other
areas However let it be said that North Bay has only single family homes The second error I d
like to mention to the commission is that if you look on that map up there you see on the
northeast side the continuation of a road A road that currently is a city street and goes through North Bay and the name of that road is Lakeview Road East It s been that road for 11 years
that my wife and I have lived in North Bay On all the maps that go with the application that
road is identified as Lake Riley Road East That is not correct Lake Riley Road East is a road
further to the east in the Lakeside development But let it be known that Lakeview Road East is
11
80
Planning Commission Meeting December 7 2010
the proper name of the city street that is referred to in these maps in the North Bay area We are
not opposing we are not opposing this development but we do have some concern The primary concern is surface water runoff We would like to be assured that the development plans are
such that catch basins are provided for 100 of the surface water runoff from the proposed
development A bit of history About 6 7 years ago the development to the east of North Bay
called Lakeside was developed and there we were alerted to the fact that that land as is the land
in the proposed subdivision is higher Higher than the land in North Bay At the Planning Commission 6 7 years ago I mentioned our concerns and the developer of Lakeside at that time
agreed without hesitation that it was a proper concern to have 100 of the surface water runoff
directed to catch basins I realize that with this proposed development a lot of grading is to be
done but still we are concerned about the surface water runoff and I have seen nothing in the
proposed plan that was released to the public to address that fully and we would like to be assured that that is the case A second concern we have is a concern that has been very gratefully
observed by the developer of Lakeside and also the current developer that is doing some
additional work there and that is that we have a lot of senior citizen residents that live in the
single family townhomes along Lakeview Drive East Lakeview Road East I m sorry Right
name Lakeview Road East And we have requested in the past and the contractors and the developers have very kindly observed this request that construction vehicles worker vehicles
and so forth use the Lyman Road entrance to all work rather than coming up Lakeview Drive
East and they have observed that So we would like to be assured about the surface water
runoff We re lower but we don t need a flood Thank you
Laufenburger Thank you Mr Vasquez I appreciate your notation of the two items Staff can
you speak to the naming of Lake Riley versus Lake Lake Riley Road East Lakeview Road East
Is that just a mistype or
Fauske We ll get it corrected
Laufenburger Thank you Alright I thought so How about the surface water runoff is that
something you can address
Fauske Certainly One of the requirements and we touched on it a little bit earlier at the meeting here tonight is that the existing drainage of this site towards the development to the east
there is currently drainage going to that area The developer proposes with the changes in
grading and with catch basis as Mr Vasquez mentioned he would like to see catch basins in the
street There are catch basins in the proposed street connection to the east We are reducing the
area draining to the North Bay development and city staff is working with the developer s engineer just to ensure that we have the capacity in the pond there to make sure that the pre and
post development discharge rates and volumes are adequate
Laufenburger Okay Pleased that you re aware of that and thank you for addressing that And
the last item that Mr Vasquez mentioned was a construction and I know that the City works very closely with the construction departments to ensure that the vehicles to the best of their
ability avoid the residential streets
12
81
Planning Commission Meeting December 7 2010
Aanenson I think we put in the development contract when Ron Clark did the Lakeview that
they use that construction access and we d do the same thing here
Fauske That s correct and as Mr Jablonski had mentioned with the phasing of their
development it would certainly make sense to have access off Lyman Boulevard but we ll work
with the developer to make sure that works with their development plans and stipulate that in the
contract
Laufenburger Okay I think I want to ask this question of Sharmeen I take Mr Vasquez s
word that on the error number one where he says North Bay is only single family homes Does
that change your transition plan at all
Al Jaff No it is the same and it s in their narrative that the applicant had submitted to the City
Laufenburger Okay
Al Jaff It s not staff that put that language in there but it is still a transition We looked at the density What North Bay has is a denser development yet they are detached units and the
development that you have before you today is actually a transition so it s less dense as it gets
closer to Springfield development and the property to the west
Laufenburger Okay thank you Any other comment from the public at this time
Ellsworth Mr Chairman a follow up
Laufenburger Oh sure please do Please step up and I ll ask your name in a moment
Ellsworth I share Mr Vasquez s concern about the runoff to North Bay and I know there s the
modeling and so on but what s the recourse for North Bay residents if the modeling s wrong So
development goes in and we have high rain that year Maybe near the top of the model s
constraints and they ve got flooding problems down there Who do they talk to And then how
is that resolved
Fauske It would be public infrastructure and we would work with the residents to develop the
solution
Ellsworth Because we approved the modeling and so on then it becomes the City s responsibility to address any issues that came from that
Fauske That s why we re extremely diligent with our runoff calculations
Ellsworth Good point Thank you
Laufenburger Thank you State your name and address please
13
82
Planning Commission Meeting December 7 2010
Tim Amlie Good evening My name is Tim Amlie and I live at 8796 North Bay Drive in North
Bay I live kind of at the corner in the northeast part of the map there The very corner where North Bay and Lakeview meet A couple first things First of all then noise issue that was
touched on earlier Before the development gets going I would do anything in my power to work
with MnDOT to get some kind of wall up there Where I live the noise isn t horrible but when
you re coming down Lakeview when it s busy times of the day and night the noise just comes
over that field and people who live further down I know that it will be an issue for your homes as they come up and you know with the density getting deeper there my experience is the more
dense they ll work with putting walls and stuff in I highly recommend doing that before any
building was done because it is definitely noisy there It s very definite so I d definitely for your
marketing plan and everything else work with that Second of all when they re doing all this
grading on that area and our prevailing northwest winds are blowing towards all the dust that s going to collect in North Bay and the area What is the building going to do to work with us on
that when I come out on my patio and it s pitch black and dust and things like that You know
what s going to happen to my neighborhood when that s going on And then a third and final
thing I m questioning on right at the where the end of the street is where Lakeview comes to an
end before where the dead end just meeting that new area for the last years and years and years we ve been able to park we ve got boat access so we have our keep our boat trailers back up in
those bushes and stuff and we do not want to lose access to our edge of the property there for
keeping our boat trailers and stuff back in the summer back there so that s an issue too to make
sure that we have access to that area because that s important to us to keep our boats at North
Bay
Laufenburger Kate could you address that please
Aanenson Well I m not sure that when we originally put that plan together that that was
intended to be a parking place for boats It was always intended to be a street to go through so
Tim Amlie Well it s back in the woods It s but it s just that we don t when they build their
lots and stuff that we still have access to our edge of our lot back there
Aanenson It s common that s common HOA property because those lots are actually in about 3 000 square feet so that really would be an issue for the homeowners association to address
because we did not accommodate There is guest parking in that area but we have not
accommodated for outdoor storage or boats on that property so I guess I d ask you to work with
your homeowners association on that
Tim Amlie We just don t want to lose the access to get out stuff to it That s what we re talking
about It s not
Aanenson What I m telling you is the City has not approved a legal plan for you to have
outdoor storage so I don t see our s it wouldn t be our mechanism to make sure that you continue to use that The only outdoor storage that should be there would be temporary parking
Otherwise that s something that typically we get enforcement complaints on so
14
83
Planning Commission Meeting December 7 2010
Laufenburger So you have a convenience of that just as a result of no activity in that area but
that s not a convenience that is an entitlement associated with approval of the plans so the Planning Director is speaking truth here You need to work closely with the homeowners
association
Tim Amlie Well I m on the board there too
Aanenson Yeah you might try to find some other place that you can accommodate that is what
I m saying on that site because I m not sure how the grades are going to match up there and
some of that vegetation how that transition s going to work so that might not still be accessible
Tim Amlie Sure
Aanenson Okay
Laufenburger Did you have a comment
Aller No
Laufenburger Thank you Mr Amlie Any other comment from the public Certainly
Aanenson Can I just ask one other question that was grading and dust
Laufenburger Yes
Aanenson I know this is a common complaint and we do manage our sites we try to keep the
construction activity manage that so if it is an ongoing issue that s something that any of the neighbors can call and let us know we ll actually they re supposed to be keeping those sites
watered so the dust doesn t come up so that s something that we try to manage So if there is
complaints about that that it s not being properly managed that s certainly an enforcement issue
that we d want to be aware of but that s also part of the development contract Before they get
the order to proceed things that we expect them to manage and sometimes we have a few dry weeks and things get out of hand but we certainly want to manage that and we want to be
informed if there s a problem
Laufenburger That s a good point We can enforce that which we know about and though we
may be on site doing inspections periodically it s often then neighboring citizens that we would encourage to contact us if we or contact the City if there s any problem Good evening State
your name and address please
Andy Hopper Good evening Yes my name is Andy Hopper and I live at 181 Lakeview Drive
or Lakeview Road Sorry Tom East
Laufenburger We re going to get this name right
15
84
Planning Commission Meeting December 7 2010
Andy Hopper I live coincidentally right next door to Tom on one side and Tim on the other side
so
Laufenburger This is a conspiracy is that what you re saying
Andy Hopper That s right I d really like to talk about two things One is to reinforce or once
again state our concern about the during the construction the potential for mud and rain and so forth coming down that road If you ve been on Lakeview Drive or Lakeview Road it s a
almost a straight shot up the hill If you look up where the little north sign is on that map If
you re at the bottom of the hill it s a straight shot up the hill and it s a perfect cul de sac
Conduit I should say for rain water And so if there s mud and debris that s loose from the
construction it ll all come right down that street And right at the top where it makes the turn that s the high point and the there s a the road had been previously graded It s at a higher
elevation than the surrounding terrain I m not sure what the developer planned to do about that
Whether they re going to lower that road or whether it s going to stay elevated the way it is but I
can assure you mud and debris will come down that road Now the other thing is to my
understanding that when the Highway 212 was originally envisioned or put in that there was an agreement with our association some time ago and the state highway department that the sound
barrier that s there actually would be longer That it would extend further toward Highway 101
than they actually ended up by doing so it has been according to my understanding the State did
less than they said they would do at the time they put that highway in Now as Tim has so aptly
stated it s a very significant that noise is a very significant factor Especially at commute times in the morning and at night Doesn t affect us personally too much because we re behind a
couple of other homes but if you stand out in the street it s loud So a piece a word of advice to
the developer I would say you ought to strike while the iron is hot here and while there s the
prospect of 50 homes or there about s I m not sure exactly how many homes 60 homes
Laufenburger 66 Right now 66 lots are part of the rezoning
Andy Hopper That they that this would be an opportunity to see if you can gather up those
promises and see if they could be that sound barrier could be done It ll have to be some day
because it s it ends abruptly right at about where the light green area starts and doesn t extend at all Now I had a couple more general questions about the nature of the development itself The
wetland We re kind of new to the neighborhood We love it We love the native the very very
natural kind of view Sense you get when you drive through the neighborhood There are deer
There s the I even saw a large turtle coming out of that pond about 6 months ago just before I
guess mating season or egg laying season or something What will be the impact of this development on that pond Can anybody answer that question
Laufenburger I think we can Do you want to ask your second question as well and then we ll
try to answer them
Andy Hopper Okay Are there going to be fences on this property Anywhere on this property
Laufenburger What do you mean by fences
16
85
Planning Commission Meeting December 7 2010
Andy Hopper Well between the lots for example or are because in our neighborhood there are
no fences at all and I d like if possible I d like to see it continue that way In other words the wildlife and so forth is able to wander freely around the place and that s one of the things that
makes it nice The other thing is the pond is fully grown over with reeds and grass Will the
developer or anyone attempt to change that
Aanenson I ll answer the fence question first I think they re kind of embedded together Similarly when this subdivision North Bay went in the functionality actually of that wetland
probably improved a little bit as far as going from agricultural and how it was being used and
straight runoff being pre treated which similarly this will also do is pre treating it before it goes
in Obviously you re taking some of the runoff from 212 but as far as putting fences on there if
the homeowners choose to put fences around there typically we have ordinances when you get closer to the wetland How they d be open but if someone else in there wanted to put a fence up
I don t think we would want to prohibit that Consequently we also have the MnDOT drainage
area for movement if there s wildlife to go through that area throughout the city We still can
anticipate that We have the golf course that s also probably mentioned some wildlife that would
still move between that area
Andy Hopper Well could you make that a little more specific Exactly how that would apply
here
Aanenson Well I m saying there s a wildlife corridor You know when we look at the city there s a significant wildlife corridor like when you go down Bluff Creek starting at
Minnewashta and going down to the Minnesota River Valley There s also when you go further
to the west maybe you can show the slide of that The first slide Sharmeen where the wildlife
would be on there going from the golf course going over down As you go down Lyman
through the Springfield neighborhood Down Bandimere Park Kind of that corridor right there There s another big wetland when you get to the corner of Lyman and 101 If you could use the
pointer please Sharmeen it would be very helpful Maybe take the pointer and kind of show kind
of that so you ve got those wetlands there Those complexes That s where some of that
wildlife s moving Down to those wetlands there along 212 You go down now at 212 you see
deer along kind of those corridors so it s still going to move through that direction
Andy Hopper Well will the nature of the pond be changed in any way
Aanenson I think as far as improving the quality because we re pre treating some of the runoff
that s going in there now Alyson if you want to add anything to that
Fauske Wetlands are protected by the State so there will be no alteration to the wetland as you
see it There will be minor grading to install for example a pond outlet so that it can discharge
through there but the vegetation that you see today is what will still exist
Andy Hopper Pond outlet
Fauske Yes
17
86
Planning Commission Meeting December 7 2010
Andy Hopper What is there now
Fauske The pone that s directly north that you
Andy Hopper Oh that little pond I m talking about the larger area Yes okay
Fauske So there will be some minor disruption but the vegetation surrounding the wetland and the buffer as Sharmeen explained had discussed during her presentation there s a wetland
buffer That s an area that cannot be disturbed with the development
Al Jaff And this development is proposing to leave it intact
Andy Hopper And so the residents couldn t reasonably be expected to start to build the beaches
and parks and what have you on the edge of the pond
Aanenson No
Laufenburger This will not become Lotus Lake if that s what you re saying
Andy Hopper Yes Thank you And with the fences I guess there s nothing we can say about
that
Aanenson Well I guess you know we do have an ordinance that requires when you re adjacent
to a wetland how you can place a fence So you can t block the wildlife movement but I m
anticipating this is a more traditional single family neighborhood that if someone had a pet or
wanted to fence in their yard would typically it s different than the North Bay where you ve got
a smaller lots and it s common These people have individual lots and not a common lot
Andy Hopper Yes I understand
Aanenson It s a little bit different Yeah
Andy Hopper Okay but does the developer plan to put fences in as part of the specific home
development
Laufenburger Mr Jablonski do you want to speak to that at the podium Thank you
Joe Jablonski Mr Chair and to answer the question we would not be putting any fences in
ourselves necessarily per se up front We would leave it at the discretion of the homeowners if
they choose to
Laufenburger So there s nothing in the in the appearance of the general design of the entire property that calls for what would I call it Ornamental fencing of any sort
Joe Jablonski No We have not planned for any up front Again it would be at the discretion of
the homeowners or the individual lot owners as they so choose
18
87
Planning Commission Meeting December 7 2010
Laufenburger And as long as the lot owners follow the ordinances that are in place by the City then they re free to build that fence if they choose to
Aanenson And I think it d be really typical if you look across the street in the Springfield
neighborhood there s some homes that have fences and some that don t and it s kind of
individual choice depending on how they use their yard and how they see it
Laufenburger Okay thank you Mr Jablonski Mr Hopper thank you for your comments
Anything further at this time
Andy Hopper No Thank you very much
Fauske Mr Chair if I may just to clarify one of the questions that came up is where the
drainage along the street there
Laufenburger Yeah
Fauske Just for clarification for both the Planning Commission and the residents The high
point is approximately at this location so that should give the residents an indication of exactly
how much approximately 300 feet of street that would be draining down towards the North Bay
development
Laufenburger So the general contour of the property at that point is not going to be changed to
shift the drainage from the east to the west is that correct
Fauske Correct
Laufenburger You re pointing out the high point
Fauske Correct So from approximately this location it will drain to the east and that s that
section of storm sewer and the drainage calculations that we re verifying to make sure there s adequate capacity in the system
Laufenburger So there is some drainage there right now
Fauske That s correct That s correct
Laufenburger Okay Understand that commissioners Okay Thank you very much Is there
any other comment from the public at this time Okay I want to thank everybody who not only
came but also especially those who came forward and expressed their views I m pleased to see
that as I m sure all the commissioners are that the surrounding citizens do want to express their feelings I thank them for that If there s no other public comment I d like to close the public
hearing at this time Commission members do you have any additional questions of staff as a
result of the comments from the public Anything Okay Well let s just take a moment to
consider your thoughts on how we should proceed on this Mark
19
88
Planning Commission Meeting December 7 2010
Undestad Yeah you know I mean I think it s very well put together Staff did a great job They ve got a great development team on the whole package I like it and I think it s well done
Laufenburger Good okay Mr Aller
Aller Well I had the same concerns that some of the residents did and that s one of the reasons why I went out to actually look at the property When I went through the conditions that are
stated in the findings and what is expected of Lennar in putting this together I think all my
concerns were pretty much answered It will all be in the doing The planning appears to be
appropriate and I think it s just going to be a matter of whether or not the soils will handle it and
as they move forward whether or not certain conditions need to be addressed which they probably will Most things are moving target in doing a subdivision so I think the plan though
looks I think appropriate for the property I think it s a great use of the wetland and maintaining
that wetland and I would recommend the property I think it looks good
Laufenburger Okay How about down here Tom
Doll I think it s well thought out and I wish them good luck
Thomas Yeah I agree
Laufenburger Okay Kevin
Ellsworth I think it looks very nice A lot of work A lot of good work went into it I still have
concern over the noise I lived off of 494 for 7 years in Minnetonka before they put up the wall
and there were days you couldn t have a conversation in the yard it s so loud Now I know they ve made advances in concrete and that the concrete s a little quieter on 212 but also I live
presently off of Pioneer Trail and Highway 101 and in rush hour it s noisy down there If the
wind s out of the north at all and so it just seems there s an opportunity to get that sound wall up
now I mean if it does the one gentleman pointed out it ends just past the property of the
adjacent property and you can see it in one of the pictures But again that s obviously a conversation the developer s had and considered it with MnDOT I m surprised the City doesn t
have any kind of ordinances regarding protection from sound and that type of thing but
apparently we don t
Laufenburger I wonder if we could have staff clarify something I certainly believe what I believe it was Mr Hopper what he said that he thought there was something Is there some way
we can check to see whether or not MnDOT in fact had made a commitment to extend that sound
barrier farther to the west
Al Jaff Once a highway is in MnDOT will not use any funding for walls At least that s we ve had conversations with them and basically I m going to read the sentence MnDOT policy
regarding development adjacent to existing highways prohibits the expenditure of highway funds
for noise mitigation measures in such areas
20
89
Planning Commission Meeting December 7 2010
Laufenburger Is it possible for us to determine whether or not there s any validity to the
comment I m paraphrasing this We thought the barrier was going to be farther closer to 101 than it actually turned out to be
Aanenson I can address that briefly When they did the 212 it was a design build and part of
the construction cost the only mitigation that was put in place with those homes put in place
They will not go back and retrofit that
Laufenburger Okay
Aanenson So a lot of discussion went on like the burden for individual development to bear
that is it a fair burden for an individual developer to build at that scale It seems onerous We ve had a discussion with the developer saying we need to look at the noise mitigation
attenuation to see what we can do They re working on that It s not going to be the same scale
and size of the existing wall Cost prohibitive But they are working on that They re aware that
is an issue We pointed that out so we re going to come back before final plat with some more
specific plans They ve got a berm and you know try to work through that I think as the developer pointed out I think the best thing that we did was try to make the cul de sacs go and
looked at how many houses were against it and we tried to remove that We tried to mitigate
through design the best we can and we re trying to take it to the next level but MnDOT s not
going to come back and build the wall and to ask the developer to build it at that cost is very
expensive
Laufenburger So we re really asking for consideration for those people that do not yet live
there Obviously we can t change it for the people that are already living in North Bay
Aanenson Right
Laufenburger I mean that s
Aanenson But so noted as was stated I think you don t want to create something that s inferior
over time that becomes less desirable to live so if we can try to prevent that now that s the best thing to do through good design and that s what we re trying to work on between now and when
we get to final plat That we can try to make this desirable so you don t want that to be kind of
the less desirable And whatever we do for mitigation there just works it way to provide better
mitigation as you get towards North Bay and further down the line too
Doll And don t you think that someone that s going to purchase the property is going to realize
that they re sitting on 212
Laufenburger Yes I would think that but there s also people who buy property near the airport
that after they buy it say well come and add more sound proofing to my home
Thomas It s nice to think that it will for sure be well I know the highway s there but you can t
you know you never know
21
90
Planning Commission Meeting December 7 2010
Ellsworth The sound wall was finally put up on 494 when they moved it from 2 to 3 lanes so it
was a total reconstruction and that s where the funding came from for those sound walls
Aanenson Correct Yeah and this one was when they did the 212 corridor they limited it in
some of that to reduce their cost and they re not going to go back as Sharmeen stated they re
not going to go back and fence it
Aller And I would believe that this is still a moving target with the noise and the barrier
because you have a natural barrier will only put in those trees and the buffer there We put in
actual homes where there are none now that might act as a buffer and reduce some of that noise
Ellsworth And then I d very much like to work with the water I think that will improve that pond from where it is today because
Aanenson Pre treat it yeah
Ellsworth Absolutely So thank you
Laufenburger Well I hope we don t interrupt the habitat for that turtle
Aanenson No No
Aller Save the turtles
Laufenburger Save the turtles exactly
Aanenson If I may I think that s why the park commission also wanted to put the park It takes a really nice amenity for Springfield to enjoy and also you have that backdrop of the wetland
behind you and then the views there are nice You can see the lake too so I think preserving
some of that that edge on both those also provides a nice environment for you know for people
and for the wildlife there too
Laufenburger Okay Any further comment I ll entertain a motion
Aller Mr Chairman I move that the Chanhassen Planning Commission recommends the City
Council approve the Lakeview subdivision and rezoning subject to the conditions of the staff
report and the adoption of the attached Findings of Fact and Recommendation thereto
Laufenburger Thank you We have a valid motion Is there a second
Undestad Second
Laufenburger Thank you Mr Undestad Is there any further discussion
Aller moved Undestad seconded that the Planning Commission recommends that the
City Council approves Planning Case 10 12 to rezone 50 48 acres of property zoned RSF
22
91
Planning Commission Meeting December 7 2010
Single Family Residential District and R 4 Mixed Low Density Residential to RLM
Residential Low and Medium Density District for Lakeview Subdivision contingent upon final plat approval as shown in plans dated received November 5 2010 and adoption of
the findings of fact All voted in favor and the motion carried unanimously with a vote of
6 to 0
Aller moved Undestad seconded that the Planning Commission recommends that the City Council approves the preliminary plat for Planning Case 10 12 for Lakeview Subdivision for
66 lots and 4 outlots as shown on the plans received November 5 2010 subject to the following
conditions and adoption of the findings of fact
1 The applicant shall add 34 trees to its total for tree planting The landscape plan shall show at total of 282 trees to be planted
2 All trees proposed to be preserved shall be protected by tree preservation fencing Fencing
shall be installed prior to grading
3 All work and drainage discharge within the MnDOT easement must be approved by
MnDOT
4 The public drainage and utility easement on the north side of the development must be
vacated
5 The existing building and driveway on the north side of the site must be removed
6 Based on the proposed grading a low area will be created west and north of the Street C stub
The developer must work with the adjacent property owner to either grade out the low area
or install storm sewer to prevent water from ponding in the area
7 The developer s engineer will shift the storm sewer at the back of Lots 38 to 41 Block 3
further north in order to provide a larger unencumbered backyard area
8 The storm sewer alignment at the back of Lots 19 and 20 Block 3 must be adjusted to
minimize the required drainage and utility easement
9 The lowest opening of a building must be minimum 18 inches above an adjacent emergency
overflow
10 Additional information must be shown on the final grading plan to show how drainage from
the Highway 212 berm will be directed into the existing flared end section located north of
proposed Lot 27 Block 3
11 An encroachment agreement is required if the developer wishes to install an entrance
monument at the Street B intersection of Lyman Boulevard
23
92
Planning Commission Meeting December 7 2010
12 A temporary turnaround is required at the western end of Street C
13 The development is adjacent to Lyman Boulevard and is therefore subject to the arterial
collector fee at the time of final plat
14 The developer will not be reimbursed for the relocation cost of the 12 inch watermain since
the work is development driven
15 The watermain within Street B between Lyman Boulevard and Street A shall be 8 inch
16 The delineated wetland boundary must be moved so that no portion of the boundary is located at
an elevation less than the 868 foot contour
17 The delineated wetland boundary will not be considered approved until the public comment
period has ended on December 13 2010
18 The wetland buffer behind Lot 7 and Lot 8 of Block 4 shall be minimized to be coincidental
with the rear lot lines The area of buffer that would otherwise be present shall be compensated
for elsewhere along the wetland boundary
19 The applicant with the assistance of the City must show that adequate capacity exists within
the North Bay storm sewer system to accommodate the proposed drainage area to be directed to
North Bay
20 The NPDES General Stormwater Permit for Construction Activity must be applied for and
obtained prior to any earth disturbing activities Proof of this must be provided to the City
21 Reasonable efforts must be made to provide a maintenance access road to ponds 100 and 200 in
compliance with City Code and the NPDES General Stormwater Permit for Construction
Activity
22 Additional data must be provided for cul de sac D to demonstrate sufficient grade for adequate
drainage
23 A minimum of two feet of separation must be provided between the emergency overflow for the
MnDOT drainage swale and the low floor opening for Lot 5 Block 2
24 Two foot sumps shall be included with structures CBMH 104 MH 203 and MH 222
25 All storm sewer shall be within a drainage and utility easement
26 Hydraulic calculations shall be provided to the City for review and approval before the final plat
can be issued
24
93
Planning Commission Meeting December 7 2010
27 Mulch MnDOT Type 3 certified weed free shall be used in all of Block 4 Outlot A and Outlot
B whenever mulch is called for
28 The remainder of the gully which originates under Lots 4 and 5 Block 2 shall be filled in This
shall be done in such a manner as to avoid additional tree loss and the introduction of weeds and
invasive species
29 The estimated SWMP fees in the amount of 82 228 55 are due at the time of final plat
30 Phosphorus removal will need to meet the minimum 60 removal rate and should maximize
that to the greatest extent practicable
31 The applicant shall be responsible to assure that all other agency permissions are applied for and
resulting conditions are met
32 A Landowner Statement and Contractor Responsibility form will need to be filled out and
submitted to the LGU City of Chanhassen and the DNR The form can be found at
http www bwsr state mn us wetlands forms Contractor Responsibility doc
33 Appendix A C 1 and C 2 must be addressed including
a Exposed soil areas must be stabilized as soon as possible but never later than seven 7 days
b A discussion of the feasibility of infiltration and the appropriate response to these findings
34 Building Official Conditions
a Demolition permits must be obtained before demolishing any structures on the site Application for such permits must include hazardous substances investigative and
proposed mitigation reports
b A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued
c Retaining walls over four feet high must be designed by a professional engineer and
require permits inspections and final approval
d Each lot must be provided with separate sewer and water services
e The developer and or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures
35 Fire Marshal conditions
a Submit street names to Building and Fire Marshal for review and approval
25
94
Planning Commission Meeting December 7 2010
b No burning permits will be issued Tress scrubs etc must be removed from the site or
chipped
c Mains and fire hydrants shall be installed and made serviceable prior to combustible
construction
d A three foot clear space must be maintained around fire hydrants
e Temporary street signs shall be installed as soon as construction begins Signs shall be
of an approved size as required by the Chanhassen Fire Marshal They shall be weather resistant and maintained until replaced by permanent signs
f Fire apparatus access roads and water supply for fire protection is required to be
installed Such protection shall be installed and made serviceable prior to and during
time of construction except when approved alternate methods of protection are provided
g The proposed hydrant between Lots 3 and 4 Block 2 must be relocated to the intersection of Streets B and C
h The proposed hydrant between Lots 3 and 4 Block 1 must be relocated to intersection of
Street B and Lyman Boulevard
36 The lot width at the rear setback line for lots 1 and 2 Block 4 must be adjusted to reflect 90
feet as required in the Shoreland Ordinance
37 Successful transfer of Outlot B 4 83 acres to the City of Chanhassen through a
combination of dedication 3 08 acres and fee purchase 1 75 acres for development and
use as a public neighborhood park
38 A sign reading This Road Will Be Extended in the Future shall be placed at the west end of
Street C
39 The applicant shall work with staff to evaluate the use of a privacy fence and vegetation
along the north edge of the property to lessen the noise impact from Highway 212 A
solution will be presented with the final plat
All voted in favor and the motion carried unanimously with a vote of 6 to 0
Aanenson Excuse me Mr Chair if I may Just anybody following this item this item is th actually going to the City Council next Monday December 13 so anybody tracking this item
it ll be on next Monday at the City Council
Laufenburger Okay Thank you very much Kate Thank you to those in attendance for this item and we appreciate your participation in this community activity
26
95
Planning Commission Meeting December 7 2010
PUBLIC HEARING
COMPREHENSIVE PLAN MINOR AMENDMENTS REVIEW CHAPTER 2 LAND USE MIXED USE AND CHAPTER 7 TRANSPORTATION ROAD
CLASSIFICATION OF THE 2030 COMPREHENSIVE PLAN
Aanenson Thank you Mr Chair members of the Planning Commission This is a clean up of
the Comprehensive Plan two areas just where there s some ambiguity It wasn t a total miss on our part but I just want to clear up some ambiguity There s actually two areas One is Chapter
2 the land use Mixed use and the second is in transportation and road classification So the
first one is the mixed land use which we have kind of what we call the it s Villages on the Pond
down on Lyman 101 where we ve got neighborhood commercial We called it Mixed Use
District and that Mixed Use District allowed for high density residential and for commercial So as I stated we had Villages on the Pond which is you ve got the residential on the west side and
the commercial then you have Southwest Village which could have the residential in the front
side in the park and ride And then the Crossroads When Crossroads first came in they actually
had residential adjacent to that wetland and then they modified that so but residential is a
permitted use The ambiguity comes in is where it says medium density the underlying and then it says intended to be high density so we want to make sure in the text of the
Comprehensive Plan that it states that the mixed use permits commercial and high density Not
medium density because that s how it s currently being used and that was that was a Scribner s
error as we went through the last iteration of the Comprehensive Plan Again we want to make
sure there wasn t any ambiguities so that is what we re recommending on the first change Again the map shows it It s just during the text itself
Laufenburger Okay let me stop you right there
Aanenson Yes
Laufenburger Commissioners have any question on that particular item
Thomas No
Aller No
Laufenburger Alright thank you Okay
Aanenson Then the second one is the classification of roads Now this is the map that s in the Comprehensive Plan so it s texturally or represented correctly on the map It s just not in the
narrative section and this was actually corrected by the engineering department so there s
actually major collectors that were left off in the narrative part They re actually on the map if
you look at it more closely and that would be Audubon Road which we just upgraded that
southern portion would be a major collector and then Park Road which runs in front of public nd works Then the minor collectors would be 82 Street and Longacres Again they re on the
map They just aren t on the narrative portion so we would recommend that you make those two
changes In your staff report we showed the attachments to show our work as they say
27
96
Planning Commission Meeting December 7 2010
Laufenburger You say two but it s actually two in major Audubon Road and Park Road and nd then two in minor 82
Aanenson That s correct Yep Yep So there s actually four complete So we are asking you
to recommend approval to the Comprehensive Plan amendment Again this does require
jurisdictional review We would send this out to any adjacent cities that they would want to
comment into the Met Council Typically these minor amendments don t take very long 30 days or so but that would be subject that would have to be approval from them before we d
actually change it so we are recommending approval to Chapter 2 in the Land Use Section and
then the transportation Chapter 7 Section 7 6 5 and 7 6 6 With that I d be happy to answer any
questions
Laufenburger Alright and that recommendation is on page 5 of the staff report Any questions
from commissioners for staff
Ellsworth Mr Chair Kate As long as we re doing updates and it looks like there s even a
penciled in change for Audubon Road from County Road 17 to 15 and it seems we could do the same for down at the Shakopee Y down there US 212 Flying Cloud Drive That s not up to
date
Aanenson Well the issue with that is it s actually still it s still that has not been turned back so
that s still a State of Minnesota road
Ellsworth I thought it was County 61 now
Aanenson Oh the old
Ellsworth Old 212
Aanenson Oh okay
Ellsworth That is a Carver County turn back isn t it
Aanenson That is a county road that s correct
Ellsworth And then the 169 across 101 is that that s 101 now It s not 169 anymore
Aanenson Correct In Scott County it has been changed but we wouldn t be able to address it
but you re right That has been that s no longer a state road but the Chanhassen portion is still a
state road That has not been turned back
Ellsworth Yes it is still but it s not US 169 any longer
Aanenson Are you on the south side
28
97
Planning Commission Meeting December 7 2010
Ellsworth Yeah looking in the Y where 212 goes you know kind of the southwest to northeast
and then 169 and 101 to the it s just 101 now
Aanenson Sure Alright I ll make that note
Ellsworth Just a nit you know as long as we re I wouldn t ask to change it
Aanenson I would agree if we re there we should do it right
Ellsworth Thank you
Laufenburger Alright This is an item subject to public hearing so at this time I d like to open the public hearing Anybody in the public present like to comment on this There being none
I ll close the public hearing Commissioners any questions or comments on these changes
Thomas I like that Kevin s adding the additional ones It ll help to clean it all up and since
we re there and working on it get it all to look good
Aanenson Just point of clarification then on Commissioner Ellsworth s comments And so we
talk about old 212 It s on actually 7 6 3 I think we would just rename that old 212 and call it
County Road 61
Ellsworth Yes Thank you
Aanenson And then that would be 2 and then number 3 underneath that would be the river
crossing and that s where you re talking about the 169 Correcting that
Ellsworth Yes
Aanenson Okay
Laufenburger Okay
Aanenson So we would add under Chapter 7 then it would be actually the modifications to
7 6 3 numbers 2 and 3
Ellsworth And then the accompanying map
Aanenson Correct
Ellsworth Yeah
Laufenburger Sounds like you d like to make a motion on this Kevin
Thomas I believe you should Yeah Hopefully you wrote that down
29
98
Planning Commission Meeting December 7 2010
Ellsworth There s no motion that s nicely
Laufenburger There is Actually if you look at page 5
Ellsworth On page 5 Excellent I move the Chanhassen Planning Commission recommends
that the City Council approve the proposed 2030 Comprehensive Plan amendments to Chapter 2
Land Use Section 2 1 1 and Chapter 7 Transportation Sections 7 6 5 and 7 6 6 and Kate help me out on the
Aanenson 7 6 3
Ellsworth 2 and 3 And the associated map thereof
Thomas I second your motions
Laufenburger Thank you Commissioner Thomas We have a valid motion and a second Any
further discussion
Ellsworth moved Thomas seconded that the Chanhassen Planning Commission
recommends that the City Council approve the proposed 2030 Comprehensive Plan
amendments to Chapter 2 Land Use Section 2 1 1 and Chapter 7 Transportation
Sections 7 6 5 7 6 6 7 6 3 2 and 7 6 3 3 All voted in favor and the motion carried unanimously with a vote of 6 to 0
APPROVAL OF MINUTES
Ellsworth Mr Chair I have a point They re not quite accurate I m afraid
Laufenburger Well let s deal with that
Ellsworth I was just paging through them to see you know what I said and there s some things
on here that I think are Commissioner Aller s actually For instance on page 7
Laufenburger Of the verbatim
Ellsworth Yes
Aller I was about to say how eloquent you were
Ellsworth Exactly That s why I knew it wasn t me So I think on 7 Ellsworth Mr Chairman
I d moved I think that was not me That was Andrew
Aller Yep
Ellsworth And then of course that d be corrected down there below where Tom seconded it and
that d be
30
99
Planning Commission Meeting December 7 2010
ndst Aanenson So is that excuse me You re on the 22 21 I mean
st Ellsworth 21 right It s page 7 of the verbatim
Aanenson I just want to make sure Nann s following you
Ellsworth Yes Yeah and that s your recollection too Andrew
Aller Yeah
Ellsworth And then on page 11 same again That was just much too eloquent for me The second from the bottom right below Denny s comment there I m pretty sure that was Andrew
as well
Laufenburger Well may I make a suggestion that somehow one of you changes your voices
Ellsworth I ve thought about that And the same on page 13 The motion was made by
Andrew again near the top I just don t want to take credit for Andrew s fine work
Laufenburger Alright I will make sure I believe I ve made note of all of these I will make
sure that these notations get changed
Aanenson Yeah Nann should be listening and catching those because she s going to correct it
Laufenburger Alright perfect Thank you With those modifications do we have approval of
the notes
Ellsworth Yes
Laufenburger Thank you very much
APPROVAL OF MINUTES Commissioner Ellsworth noted the work session verbatim
and summary minutes of the Planning Commission meeting dated September 21 2010 with
changes on pages 7 11 and 13 of the verbatim minutes and pages 1 and 3 of the summary
minutes changing Ellsworth to Aller All voted in favor and the motion carried
unanimously with a vote of 6 to 0
COMMISSION PRESENTATIONS
Laufenburger I have just one before we adjourn
Aanenson Wait wait wait We ve got also some other items too
Ellsworth Yeah open discussion yet tonight
31
100
Planning Commission Meeting December 7 2010
Aanenson Yep we ve got open discussion
Laufenburger Well that will follow adjournment though correct
Aanenson No We don t need to adjourn Whatever you would like to do Mr Chair
Laufenburger Okay Let me just make a couple comments First of all this will be my last meeting serving this term as a Planning Commissioner In January I assume an elected seat on
the Chanhassen City Council To my fellow commissioners it s been a pleasure to serve along
side of you for the last 3 years A special thanks to Commissioners Thomas and to Undestad for
your warm welcome as I came in as a rookie early in 2008 From both of you I ve learned the
importance of listening to the citizens and not rushing to judgment on any particular issue To the planning staff not only those that are present but those that aren t I thank each of you for
your diligent and your comprehensive work for the citizens of Chanhassen and to Planning
Director Kate Aanenson Thank you for your leadership your wisdom and most of all your
friendship As you enter the new year you ll be tasked with adding 2 more commissioners I
urge you to encourage participation from all corners of Chanhassen and to the citizens of Chanhassen please consider serving your community It s a great privilege to represent your
neighbors With that do we have any other presentations
Aller No just on behalf of the commissioners I d like to thank you for your service and for your
leadership in these past months and kind of mentoring me as I came in
Ellsworth Yeah I would echo Andrew as well Denny just in the short time I ve been here and
then the few months that you were Chair your steady hand at the tiller has put a lot of
confidence for me anyway with this board and I m sure the rest of the commissioners as well so
thank you for that It was a bittersweet seeing your victory on the council but
Laufenburger Gosh I hope the citizens don t share that
Ellsworth from a personal perspective I thought it was bittersweet It was good to see you
achieve the council It was bitter to see you leave here
Laufenburger Thank you Kevin Let s see
Aanenson Just a couple items
Laufenburger Yeah open discussion Let s do that first
PLANNING COMMISSION ADMINISTRATIVE ISSUES
Aanenson Well first let me say I look forward to working with you in a different capacity so we ll continue to meet once every other week in a different capacity On Monday nights instead
of Tuesdays
Aller Do you think you all of a sudden turn really mean
32
101
Planning Commission Meeting December 7 2010
Aanenson We ll find out I don t think so
Aller We ll be watching
Aanenson Just wanted to point out for as the Chair just stated that we do have two openings so
we ll be contemplating then a new Chair and Vice Chair We talked about it internally I think it s helpful when we take the time and interview our normal process because I think sometimes
people are busy during this time of the year and don t always think about applying so we ll go
kind of our regular time We ll interview probably end of February first part of March and then
the council usually puts the Planning Commission kind of as the first commission to fill so when
we have our April work session meeting we re up to full a full group and kind of start off with that first training meeting so that s the anticipated So we ll be advertising those and again if you
know somebody that might be interested have them fill out an application That would be great
Two other things that we want to talk about would be some issue papers that we ll be bringing
forward next year would be detached structures in the shoreland district We ve had some issues
on those when we have greater setbacks We have water oriented structures and then we also have sometimes people want to put accessory structures kind of between the required 75 foot
setback kind of becoming an issue so we ll talk about it That is something that you feel is
important We ll continue to work on a couple of the commercial districts and then any other
things Typically the City Council in their first meeting in January puts together some kind of
work tasks so we ll be sharing that back with the commission or something else that we ll be working on We certainly anticipate looking at the implications of the variances That the
Minnetonka Supreme Court case and what that means so we ll be working on an issue paper so th you ll see that too And then do want to point out we will have a meeting on January 4
Minnetonka Middle School West is in for a grading permit so you ll be seeing that Also
cleaning up another kind of a Scribner s error on that too A mapping error A rezoning on Ches Mar Farms and then as I indicated we ll talk about the Chairand Vice Chair We ll
probably do that right away before the meeting starts Or at the beginning of the meeting so with
that I just also wanted to point out that we actually have been doing quite a few residential
permits We re up exceeded our projections for what we thought for residential permits
Obviously there s people that have confidence and we ve got this subdivision We ve got Pioneer Pass that s underway so if you get a chance check out those neighborhoods LBK also
up in that 2005 area Off of Bluff Creek are doing well and now we ve got the new Lennar
subdivision They renamed it now Reflections
Al Jaff Reflections at Lake Riley
Aanenson So yeah so it has a little bit different name
Laufenburger Just a question that was answered for me earlier today With the with acceptance
of this rezoning and these 66 lots we have almost 300 or is it more than 300 now Is it 296 before this
Aanenson Correct Yes
33
102
Planning Commission Meeting December 7 2010
Laufenburger So 296 plots that are available for residential building
Aanenson And that s in the single family
Laufenburger In the single family Before that so obviously Lennar subject to
Aanenson Ryland yeah
Laufenburger Subject to market availability or market demand they re anticipating that people
are going to continue to move out here so I d say great
Ellsworth And it shows too I think the desirability of Chanhassen because county wide there s a lot of opportunity for absorption of lots out there and yet they re still building and creating lots
here
Aanenson I think that s we ve heard that again we re still a desirable place to be so that s good
news
Laufenburger Well we can still claim that number 2 position in Money Magazine until Money
Magazine issues another one right Alright
Ellsworth Denny
Laufenburger Yes Kevin
Ellsworth Andrew mentioned something just briefly We ll watch you on TV I don t have
cable at home so maybe one of your first things you can do is talk about web streaming for the City Council meetings so those of us who don t have cable
Aanenson They had that discussion
Ellsworth We do that at the County and it s rather successful
Aller Or perhaps I can pick you up and we ll watch it together
Laufenburger They are open to the public so if there s a burning question in your mind as to
my demeanor and whether it will change after I m sworn in you can get first hand knowledge of that
Aller We ll all show up one day and check you out I m sure
Thomas It would be nice for people like us who like satellites you know
Laufenburger Well maybe we can just cut a CD and put them for sale at the local Target I
think we ve had about as much fun as we can have for one evening Do we have a motion for
adjournment
34
103
Planning Commission Meeting December 7 2010
Ellsworth I have a question
Laufenburger Yes sir
Ellsworth You will be absent or you will no longer be on the Planning Commission at the first
of the year Does Andrew become Chair
Laufenburger Well Andrew is currently Vice Chair so he will
Aanenson That s what the first order of business will be on that will be to pick a Chair and a
Vice Chair so
Ellsworth I have no problem with that I was just curious what the process is
Aanenson If there was no process to do it by default then he would be have to be Acting Chair
But I think just in case he can t make it it s always good to have a Vice Chair You decide among yourselves how you want to do that but
th Laufenburger So that will be the case and the swearing in is actually done on January 10 so
that will be well and good Now do we have a motion for adjournment Thank you
Commissioner Thomas Is there a second
Doll I second
Thomas moved Doll seconded that the meeting is adjourned All voted in favor and the
motion carried unanimously with a vote of 6 to 0 The Planning Commission meeting was adjourned at 8 35 p m
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
35
104
CHANHASSEN PARK AND
RECREATION COMMISSION
REGULAR MEETING
SUMMARY MINUTES
DECEMBER 14 2010
Chairman Daniel called the meeting to order at 6 30 p m
MEMBERS PRESENT Jeff Daniel Tom Kelly Scott Wendt Glenn Stolar Elise Ryan and
Cole Kelly
MEMBERS ABSENT Steve Scharfenberg
STAFF PRESENT Todd Hoffman Park and Rec Director Jerry Ruegemer Recreation
Superintendent John Stutzman Recreation Supervisor Dale Gregory Park Superintendent Jodi Sarles Recreation Center Manager and Sue Bill Senior Center Coordinator
APPROVAL OF AGENDA Tom Kelly moved Wendt seconded to approve the agenda as
published All voted in favor and the motion carried unanimously with a vote of 6 to 0
PUBLIC ANNOUNCEMENTS Todd Hoffman informed the commission that the City
Council approved the Reflections at Lake Riley plat which includes a 4 7 acre park
VISITOR PRESENTATIONS None
RECREATION PROGRAM REPORTS
WINTER PROGRAM UPDATE John Stutzman provided highlights of the winter programs
being offered by the City Chairman Daniel asked about plans for advertising the Dance Party
on Ice Commissioner Ryan asked for clarification of the mission statement for Rec Center Sports
TREE LIGHTING CEREMONY EVALUATION REPORT John Stutzman provided an
update on the tree light ceremony noting he will look at changes for the gingerbread house event
to encourage more attendance
RECREATION CENTER REPORT Jodi Sarles provided updates on the fall activities and
highlights of what programs are planned for winter
SENIOR CENTER REPORT Susan Bill provided an update on the activities at the Senior Center
PARK AND TRAIL MAINTENANCE Dale Gregory provided an update on the Sentence to
Serve program which is being extended into next summer and reported on the park and trail
maintenance activities highlighting snow removal storm clean up and ice rink flooding
105
Park and Recreation Commission Summary December 14 2010
APPROVAL OF MINUTES Cole Kelly moved Wendt seconded to approve the summary
minutes of the Park and Recreation Commission meeting dated November 23 2010 as presented and approve the verbatim minutes of the Park and Recreation Commission
meeting dated November 23 2010 with changes noted by Cole Kelly on page 26 All voted
in favor and the motion carried unanimously with a vote of 6 to 0
COMMISSION MEMBER COMMITTEE REPORTS None
COMMISSION MEMBER PRESENTATIONS None
ADMINISTRATIVE PRESENTATIONS Todd Hoffman informed the Commission that the
City has been selected as a recipient for a matching grant to upgrade the intersection and trail section of Highway 101 north from Pleasant View to the border of Minnetonka and Eden Prairie
Stolar moved Wendt seconded to adjourn the meeting All voted in favor and the motion
carried unanimously with a vote of 6 to 0 The Park and Recreation Commission meeting
was adjourned
Submitted by Todd Hoffman
Park and Rec Director
Prepared by Nann Opheim
2
106
CHANHASSEN PARK AND
RECREATION COMMISSION
REGULAR MEETING
DECEMBER 14 2010
Chairman Daniel called the meeting to order at 6 30 p m
MEMBERS PRESENT Jeff Daniel Tom Kelly Scott Wendt Glenn Stolar Elise Ryan and
Cole Kelly
MEMBERS ABSENT Steve Scharfenberg
STAFF PRESENT Todd Hoffman Park and Rec Director Jerry Ruegemer Recreation
Superintendent John Stutzman Recreation Supervisor Dale Gregory Park Superintendent Jodi
Sarles Recreation Center Manager and Sue Bill Senior Center Coordinator
APPROVAL OF AGENDA Tom Kelly moved Wendt seconded to approve the agenda as
published All voted in favor and the motion carried unanimously with a vote of 6 to 0
PUBLIC ANNOUNCEMENTS
Hoffman I would like to announce that the City Council did approve the Reflections at Lake
Riley plat last night by Lennar and that includes the acquisition of the 4 7 acre park That s
through dedication and through purchase so that was approved Lennar was here The item
came up just before the official budgeted option so it was one of the quickest subdivision reviews in the council Lennar s probably going to put their next one on next December before the
budget so that s good news for parks and the existing and future residents of Chan
Daniel Alright thank you Todd
VISITOR PRESENTATIONS None
RECREATION PROGRAM REPORTS WINTER PROGRAM UPDATE
Stutzman Thank you Just to highlight a few programs of the many that we ve got going on this winter We ll talk a little bit more about the tree lighting ceremony in a few minutes but a couple
things on here that I d just like to highlight and if I may is the Rec Center Sports is not on here
but Jodi and I and our new our Rec Sports Coordinator just actually finished our mission
statement today We ve been working on creating that to give a little bit more definition to some
of the programs and really make that a public piece as well so I d like to share that with the commission And that will be the Chan Rec Center Sports provides fun and affordable programs
for children to experience the enjoyment and basic skills of sports So that s kind of what we are
shooting to achieve and want to continue to make that public in our second year here coming up
but it s been a great year with almost 800 participants in preschool and almost 200 coming
through in after school and continuing to add new things so that s been a great addition to our program We ll also be adding a 3 and 4 year old program next year during the day called Small
107
Park and Recreation Commission December 14 2010
Fry Sports which is kind of introducing the basic fundamentals of some things as well Only
other thing on this report that I d like to highlight on is Dance Party on Ice this year I m happy to say that we ve lowered the price Re worked some of the expenses and have been able to get
that down to 5 to hopefully get more people to come out and enjoy this event so any questions
Daniel Advertising Anything going with Dance Party on Ice
Stutzman I ve started getting things out there a little bit but I plan on really using utilizing
Facebook to do that this year and then get some fliers out in the schools as well
Daniel Alright perfect
Ryan John could you read the mission statement one more time please
Stutzman Yep absolutely Chan Rec Center Sports provides fun and affordable programs for
children to experience the enjoyment and basic skills of sports
Ryan Really good I like it a lot An element that you might want to consider adding is
teamwork That s a nice word to throw out with parents
Stutzman That s certainly something that we try to emphasize in the program descriptions for
each sport but as a whole we just wanted to kind of generalize With skating things like that not all of them are team sports so sportsmanship and teamwork is certainly something we do
emphasize
Ryan Okay
Daniel Excellent Alright thank you John Anybody else any questions
Stolar Just looking at the mission statement Anything about health and wellness that you
might want to slip in there because part of this is also activity health wellness of the kids
Stutzman We haven t plugged that in primarily because what our primary or what our goal was
and what the purpose of where this mission statement kind of about was to really emphasize the
fun aspect of it for parents as well so I guess we tried to keep it short and condensed in the
mission statement We do talk about that in a lot of programs again going to the more
description but the overall mission of general programs and trying to keep it short and concise
Ryan And with that Party on Ice is 6 the youngest or can a 5 year old get her in
Stutzman We could probably My only concern if they were really young 5 would just be if
we ve got some of the older kids there that d be my only concern certainly we don t plan to turn people away if they were to come if the parents stuck around certainly we d probably say yeah
come on in but again it s primarily that 6 is set for the safety of the kids
Ryan Yeah gotch ya Thank you
2
108
Park and Recreation Commission December 14 2010
Daniel Any other questions If not let s move on to the tree lighting ceremony evaluation
TREE LIGHTING CEREMONY EVALUATION REPORT
Stutzman Thank you again We had a great ceremony again this year It was very very well
attended once again with lots of sponsorship help from Nancy Lipinski the Mustard Seed Byerly s Cub Caribou Community Bank as well as the Chamber of Commerce and Southwest
or and the Chanhassen Business Council We had over 200 people estimated there that evening
Kids were mobbing Santa as he was getting off the fire truck and that continues to be a really
cool way to bring Santa in Lights and sirens so Mayor Furlong and his family and friends
flipped the switch once again and had no issues with any electrical work Dale and his crew did a fantastic job getting the park take a look at it because it really is a great looking park out
there
Daniel There wasn t a Clark Griswold moment
Stutzman No No They all flipped on
Daniel Excellent Good Excellent Any of the commission members happen to attend I
think was Steve there You were there Scott
Wendt Yeah it was great It s always exciting when Santa comes down and it was just perfect
with the smells and the lights Good job The fire was awesome
Daniel Wonderful weather planning At least you didn t hold it off for another week
Stutzman It was perfect weather We got the snow the night before and so the park looked
great with the snow and really was a great night for it Little chilly but that s the way it s
supposed to be in December so
Daniel Oh yeah exactly
Tom Kelly Just curious how many gingerbread houses did you get
Stutzman This year we were down a little bit so I took notes and tried to figure out how to
increase advertising for next year but we had 2 this year
Tom Kelly Oh you had 2 gingerbread houses okay
Stutzman Yeah They were both very well done yet again and so continuing to look for
different ways to advertise again next year to get that out
Hoffman The Arboretum started one up too
Stutzman Was that a contest or was that staff creating a display because I ve heard both
3
109
Park and Recreation Commission December 14 2010
Hoffman I don t know Byerly s had one I think Did take one call from a resident who is just calling in specifically on the tree lighting They say our they work in Eden Prairie They live in
Chanhassen They specifically do not take Highway 5 They drive past the park in their
morning commute to Eden Prairie They feel like they live in a Norman Rockwell village and
they just proud to call Chanhassen home so it s another thing
Daniel Excellent Alright John thank you very much Appreciate it as well as the efforts for
the tree lighting ceremony I mean what can you say The City looks fantastic Especially now
with even the more snow I mean it s really starting to look Norman Rockwellish
RECREATION CENTER REPORT
Daniel Hi Jodi
Sarles Hello Well I just I m glad that Santa was over at the tree lighting because Santa is back
at the Rec Center tonight as the Children of Tomorrow are having a big party and Christmas concert for their families so they are bringing in Santa Things are going really well at the Rec
Center right now Of course with the weather changing the traffic has increased significantly
Right now we re in the midst of our punch card sale so if you know anybody who s looking to
work out it s we sell our 40 punch card and you get a 10 punch card free for the month of
December And we do that twice a year but December s the big one Other than that right now what s going on we just started the new season in dance I feel like we re always talking about
that but since it s one of our biggest programs it s the thing I like to highlight We ve got over
200 kids in it The adult jazz class starts now for the second session and they have this session nd and then spring session will be on the 22 of January is our Winter Showcase so we do a little
mini performance in the gym All the classes get to do at least one dance Give them like a little show their parents where they re at at this point in the season and then we slip into the the
spring so that s at Chan High School Rec Center Sports like John said has been going really
well Very impressed We ve got really good reviews We ll compile those for you but we do
have all the surveys going out are just really impressive and good to hear that the parents are
having a great time The kids are learning things and making minor adjustments as we go and it seems to be going really well so we re really proud of the program and of course we now have a
new person involved in running it and she s doing a great job for us so it s been nice to have that
The Artisan Fair I don t know if any of you were able to get out there but that was another big
success We probably had about 1 500 people come through the Rec Center that day Just
constant traffic so it was really nice It was a 4 hour event 35 local area artists were selling their everything from alpaca wool socks to sweaters to one of the wood carvers had a number of
different carvings he brought in there so and paintings and of course scarves and jewelry Still
lots of jewelry but very good It was a fun day The vendors were very happy They just wish
that more people were buying so
Daniel Out of 15 you said 1 500
Sarles Yeah
4
110
Park and Recreation Commission December 14 2010
Daniel Wow
Sarles Yeah it was just the room was packed almost the whole time so
Daniel Wow
Sarles And it was nice because a lot of the advertising was done by each individual vendor too so we did our advertising We got it all over the places where we could and one of the vendors
also took control and so it was nice We ve added a new we do the babysitting training but we
now look at it and say and other Red Cross training It s a great program for kids This one
was really successful and it was right before one of the first breaks that school has so we had 15
kids attend that was also the max we could have in that class so we ll offer it again And then Sue and I have had another great grandparent and me pumpkin painting I should brought a
picture because one of our grandparents is right here Dale was in and he had his grandchildren
there
Stolar You posted it on the web site
Sarles Yeah I think we got him in the paper too fortunately but yeah it was another fun day
We did of course the Halloween craft Pumpkins Made popcorn balls and then afterwards we
all joined out in the gym for tot time and all the toys were out and they had a great time Other
than that upcoming events the Winter Showcase The Chamber of Commerce is what is it The Home Landscape and Lifestyle Expo is back at the Rec Center again this year And then on
a separate note because Sue probably won t toot her own horn here last night the District 112
she and I both sit on the Community Ed Advisory council Sue was awarded the spreading the
word night for Community Ed so she s done a nice job kind of partnering and showing off some
of their programs and they in turn will do that for us so they advertise my Yoga They advertise her Defensive Driving so we kind of share and co market some of our programs
Daniel Questions for Jodi
Ryan I don t have a question but a comment My niece is in the Dance for Fun and her parents my brother and sister in law said that it s the most well run program that they ve had their
daughter in and they really enjoy it and so does she so congratulations I thought I would pass
that along
Stolar Just a quick question Are you doing the garage sale again
Sarles We will do the garage sale
Stolar Was that what April that we did it
Sarles Yep I think maybe March or April Probably add a kids garage sale too just to give
some other things so We re going to add that though in the spring
Daniel Alright Tom
5
111
Park and Recreation Commission December 14 2010
Tom Kelly Nope
Daniel Scott
Wendt No
Daniel Excellent Well appreciate it Jodi Thank you much for the update
Sarles Okay
Hoffman In the name of full disclosure we do have some roof leaks at the Rec Center but nothing in the magnitude of the dome so we aren t in fear of complete failure but
Daniel There s no local TV cameras already posted just anticipating
Hoffman We continue to have discussions with the school The roof needing to be totally replaced in the next few years We will be on the hook for 24 of that bill The district 76 of
the bill based on our original joint powers agreement in that we along can operate 24 of the
building They have 76 but when it comes time they re going to start on our side so they ll be
paying 76 of our roof but it when it comes to their side which is much larger we ll be on the
hook for 24 of that so it s going to be a multi year project The other thing that is up for replacement at some point when it one simply just fails is the boilers The original construction
to get the project under budget both the boilers were cheapen way down and the roof so the roof
was an original 10 year roof and the boilers were about as inexpensive as you could buy at the
time There are two so you have a back up but they ve rebuilt them We pay a percentage of
that bill as well That was about 9 000 for our share so once one completely fails they ll be knocking out a side wall at the school and taking out the old and bringing in the new Rebuilding
the side wall Redirecting it and then we ll be paying 24 of the boiler as well so now that the
building is 16 years old there s some capital improvements
Daniel That quick
Hoffman Yeah
Daniel Now what was wrong with the roof again
Hoffman The roof is leaking
Daniel I know but there was something that they you talked about
Hoffman It s a rubber membrane roof and it was designed just for a 10 year 15 year lifespan so it was very cheap to begin with but obviously not long term
Daniel Okay That s too bad Are we anticipating anything like that with the new high school
too
6
112
Park and Recreation Commission December 14 2010
Hoffman No They changed their roof design 30 years or better
Daniel Good Alright Susan
SENIOR CENTER REPORT
Bill Thank you Well I don t have anything as exciting to offer as Jodi and the Rec Center but
it s been busy at the senior center We did utilize the Rec Center for our holiday party That s
one of our three big events We had 106 people and then with staff it was 115 It will be the it
was the fifth year that Community Bank co sponsored the event This year they gave us 500
and that paid for our entertainment and helped to offset some of the cost and three of their staff were there and they really enjoyed interacting with the various people and kind of bringing
excitement to the day And as one way of thanking them their name s on all our fliers in the
Connection and in the newsletter I started I think I mentioned I started a Community Friends
page and so they re thanked in the newsletter and the newsletter went out to 700 people last
week and then not only thanked them for the holiday party but also their sponsorship of the tree lighting and other things with our department so they were really happy to be acknowledged that
way as well as it s just been a great partnership with them for the last 5 years The only other
thing I want to mention are a couple health and wellness programs It seems that within the last
couple years our group of seniors are just really excited and into a lot of the health and wellness
activities They are drawing anywhere from 30 to 50 people probably for every event I have Last week I had one of my Augsburg College program called the Star of Bethlehem and it an
astronomer came and talked about the night sky and was it real or not I had 48 people for that at
10 00 on a Monday morning It was a great presentation I also had a presentation Women in
Minnesota Government and Politics Here again I had over 40 people for that That was a
program through Augsburg College and once again it will be the sixth year that Klein Bank has they pick up the cost of those programs Suerese and Greg Lovell from the bank came over for
the last presentation and it just is something they really like to be involved in so I m really happy
for their support with that Just two other things I want to mention I really try to work with
local businesses to promote their business and to feature something at the senior center
Tomorrow Mickey from Chan Floral will be coming over to do a holiday floral design class The second year she s done it and I think I ve got 22 women No men for that one And she
enjoys it and you walk away she tells us about designing how to design floral arrangements and
everyone walks away with a basket of holiday design And then lastly I wanted to mention the
I don t know if anybody attended the Cemetery Walk that Karen has done I think it s the
second year she did it and Karen and I talked and we featured let the Cemetery Walk come to you It s on the Saturday morning of the walk All the actors brought the walk into the senior
center They have pictures and video from the previous year and it was like a dress rehearsal in
the senior center because if anyone s been on that it s a little hard to walk through the cemetery
For people with some mobility issues it was a little challenging I think we had like 35 40
people attend that and they just loved it so it was a nice way for them to do their dress rehearsal and for the seniors who have a lot of history Some of them have a number of their relatives
buried in the cemetery It was a nice way for them to be able to enjoy that event without going
on the actual walk So all in all things have been great in the senior center We do have some
people in the winter but our activities are just booming so for the ones that go south they re it
7
113
Park and Recreation Commission December 14 2010
seems like other ones find their way in and we re able to accommodate them in various activities
so that s all I have
Daniel Alright thank you Sue Questions Comments Anything for Sue Scott Tom
Glenn Cole Elise
Ryan Congratulations on your award
Daniel Yes Thank you very much Sue
PARK AND TRAIL MAINTENANCE
Gregory Good evening The last meeting in September when I was here and that I reported
that the Sentence to Serve program that we deal with quite a bit getting a lot of help from the
county and that was going out of being eliminated and for some reason the County evidently
found a little extra money or something and that so they ve continued it on now until at least July
of 2011 So we will get them through the summer again early spring and that cleaning up for the downtown and a lot of our clean up which they do a lot of work for us so Again that s one
of the programs and we re really going to hate to see go away because they do like coming here
and that and a lot of times they ll call us and ask if we have work that they can bring people over
so I d really like to see that program continue
Daniel I m still trying to grasp my hands around where the extra cost would come from
They re there anyways The guards have to be there anyways Wouldn t it be just the gas to and
from
Gregory It is the cost of the gas and having a supervisor and that that goes around with them and takes them out and picks them up and that but other than that there isn t it isn t a big cost
They ve got I mean they ve got rakes They ve got a lot of the stuff that they bring along Their
own shovels and rakes so the stuff is already there so it s really just it can t be that expensive
Daniel And it s such a huge I mean what they bring to the community The save in labor costs
Gregory Oh yeah and there s getting to be a lot of cities that are using them and that and for us
sometimes it gets a lot harder to get them and that but we try to do our scheduling early enough
and that so we ve always got them on the dates that we want them And they ve been real
receptive to us and we ve had them for a long time so they like coming here Like I say we ll be that s one we really hate to see leave and that but that s how it goes Hockey rinks we ve done
some repair on them Our the fences on the back of the goals around the backs of the goal area
and that were really getting bad They were getting dangerous They were curling up on the
bottom We couldn t keep them tied down and anything anymore so we replaced all of those
now We put all new fences back there and we ve also added an extra pipe oh just up a foot or so higher and that to kind of help support that whole bottom area and that so it hopefully they ll th last a lot longer this time November 13 we had a snowstorm a wet heavy snowstorm Took
down quite a few trees on some of our trails A lot of branches We had a lot of clean up to do
and the parks and on the trails The guys were really they did a good job and that Basically we
8
114
Park and Recreation Commission December 14 2010
had everything all the trails were open The snow was off Plowed and everything and that
within two days we had everything cleaned up and up and open for people to use them Skating rinks we got a little earlier start than last year by a couple of days Last year I think was thth December 7 we started We got going on December 5 Went pretty good at first We were
running 24 hours a day until this last Thursday and then it started to get too warm in the daytime
and that to flood It just was not cold enough And then along with the snow that was coming in
and that we just packed up and everything has stayed left everything going and that and then got into the mode of plowing snow We ve been doing that since Saturday and the guys will work
full days well put 10 hours in on Saturday and 12 hours in on Sunday and we ve been going at
least 10 hour days now The snowstorm this one was really the worst one that I ve seen in the
time that I ve been here for our trails We ve got enough drifts and everything else that we can t
get through with our V plows on our trucks Normally we get a bad snow we can run through with the V plows Open them up and go along later with the tractors and widen everything out
We can t even get through We ve tried several different areas and that and we re not we can t
go with the V plow so our only option is to run our tractors on them We ve got two of them
with 8 foot snow blowers on and it s slow going and it s taking us a long time I m estimating
that we re looking at probably 2 weeks before we ll totally have all the trails open And the thing we re running into now and that is the State the County they re all winging back their
roads wherever we ve got trails along side of them They are just burying our trails Down by
the Southwest Transit I was down there today and they were down there with a loader and
they ve got piles 10 foot high on our trails down there and I don t know what we re going to do
down there We re going to have to go in with a loader or I m hoping we can get the big blower from the street department at some point to go in and start helping with that Powers Boulevard
south we re just we re staying off of that one because that is so packed from the County We
can t even get through with our plows so we need to get the big one from the streets at some
point to get in there So the guys are working long days They ve all agreed they ll stay at it
until we get it done It ll take us a while
Hoffman The big blower that Dale is referring to is on the front of a front end loader
Gregory On that loader yeah
Hoffman It s a big piece of equipment
Gregory You ever see them blowing the main street down here and that with that big one and
they re loading trucks and that that s the one
Hoffman What s the height of the catch cage on that thing 7 feet or so
Gregory Oh yeah It blows it right into the tandem trucks That s the one I really need for a
while so But I talked to Mike the superintendent there They re also in need of the same stuff
and that so as soon as he can get it to us and that or let us use it he will I ve even asked for a loader from them and that whenever they re not using it that we can use it because we ve got
some of our County roads and that where the intersections meet They ve got our trails piled at
least 10 feet tall with snow and that so we ve got a lot of work to do but it ll get there Skating
rinks like I said was going good until the snowstorm came We started cleaning Saturday
9
115
Park and Recreation Commission December 14 2010
morning we started working on all of the parking lots We take care of all the parking lots All
the fire station city hall Rec Center and everything and we did that again on Sunday morning Got that stuff cleaned out and we also got the trails open all around all the schools so Monday
morning the kids could walk to school Anything in those areas all those trails Sunday
Monday morning we started working with the skating rinks We got those open so we could at
least get people flooding again and right now we re on Monday we were running two people
downtown Opening sidewalks Two people in blowers and two people in water trucks after we got the skating rinks open so it s like I say it s kind of tough trying to run 10 hour days and run
24 hours flooding at the same time with 7 guys so But it s like I say we will have the skating
rinks ready by this Friday That s pretty much all I had
Daniel Well thank you Dale I mean I can t say it enough I mean obviously over the last 4 days here 5 days since the storm 4 days since the storm I mean it s amazing what we ve
already seen as far as the trails opening and I think everyone is I hope everyone in the city
understands this was an epic storm and you know they have the patience to at least wait for these
trails to open up I mean that just is what it is One of those situations so questions or
comments for Dale Scott Tom Glenn Well again thank you very much Dale and Sue as well as Jodi and everyone else in the park and recreation department John It s obviously a lot
of work You guys are doing a fantastic job and obviously for the park and recreation
department trying to keep those trails open and everything else it s I can t even fathom I enjoy
my sleep and I can t imagine what you guys are going through So thank you
Gregory You re welcome
Hoffman Still offering those ride along s
APPROVAL OF MINUTES
Daniel If there are any changes or anything else that needs to be addressed please note so If
not let s go ahead and approve the last meeting
Cole Kelly No I ve got at least one change
Daniel Excellent It s the detail oriented that we like about you Thanks Cole
Cole Kelly If I can find it I have it marked Here we go page 26 The second time my name
is listed After it says right That first full sentence the last word should be land Not lane And then in the first paragraph towards the end there s a word is shouldn t be in there Same
page Those are the only changes I have
Daniel You know what the difference between you and I Cole is I actually probably would have
said that and never would question it Alright Well based off those changes why don t we go ahead and include that and make a motion
Cole Kelly So moved
10
116
Park and Recreation Commission December 14 2010
Daniel Second
Wendt Second
Cole Kelly moved Wendt seconded to approve the summary minutes of the Park and
Recreation Commission meeting dated November 23 2010 as presented and approve the
verbatim minutes of the Park and Recreation Commission meeting dated November 23 2010 with changes noted by Cole Kelly on page 26 All voted in favor and the motion
carried unanimously with a vote of 6 to 0
COMMISSION MEMBER COMMITTEE REPORTS None
COMMISSION MEMBER PRESENTATIONS None
ADMINISTRATIVE PRESENTATIONS
Daniel Todd is there anything that you want to highlight I don t think we have anything We have one
Hoffman A flier and then I have some other administrative items I d like to go over when I
have an opportunity as well
Daniel Okay
Hoffman To bring you up to date on some projects Highway 101 North at Pleasant View the
intersection the roadway from that location north to Minnetonka and Eden Prairie and the trail
has been selected as a recipient for a matching grant Paul Oehme our City Engineer has the work on that and with support from the park and recreation department so first go around they
did not fund the trail We went back after the application and received somewhere in the
neighborhood of 135 000 in trail funding for that section of trail That will include both the
section from Pleasant View west along Pleasant View and then the piece from Pleasant View
north to Minnetonka and Eden Prairie so you ll get back involved with the design We re contacting 28 land owners for easements and we ll have to take a look back at see how much
left we have to go for funding so you ll see that on your January agenda
Daniel Well it s amazing how that s coming That s been pushed out year after year after year
Stolar You said it also included road money
Hoffman Roadway improvements Intersection improvements at Pleasant View and 101
Stolar Didn t they just redo that
Hoffman They surfaced it and MnDOT says yes we understand you re applying for a project
but good luck with that We re not going to stop the intersection improvements for that so it s
one of those things
11
117
Park and Recreation Commission December 14 2010
Daniel But does it also cover as far as I mean the trail cost is one thing What about along I guess going from Pleasant View north til is it Vine Hill
Hoffman Yep
Daniel That section Any does the hundred and some odd thousand dollars only cover this is just a trail cost for what improvements
Hoffman It s a portion of the total cost so we ll be estimating what the total cost will be and
bring those numbers back to you
Daniel Well hopefully reduce the overall cost as well Certain aspects of it can be covered by
Hoffman The road project
Daniel The road project itself That s great
Hoffman Great time to do the project As long as you re there So that s one big piece of news
The ice and snow conditions are of concern but after taking a look at Lake Ann for Feb Fest
taking a look at Lake Ann it appears as though the entire thing as sunk and so there was
probably maybe 4 inches of ice and in the neighborhood of 4 inches of ice when the snow came The weight of the snow has depressed that whole ice sheet and now basically you have about
maybe 8 to 10 a foot of slush and that slush it appears is going to saturate enough so it will freeze
solid over these cold temperatures If it s if the ice is thick enough to support all that snow then
you get real fluffy insulation and you won t get any additional ice depth for a very long time so
it s actually good that it sank and soaked up and probably what you ll see is you ll have 14 to 15 16 inches of ice out there sooner than later because now you have this big bank of slush that will
freeze quickly on top So that s good news for Feb Fest Service levels are being looked at
again We just went through a difficult budget year That was last night s council meeting
They did approve the budget as recommended without additional changes although additional
changes were discussed but the council has been receiving a lot of constituent input and ideas and so you ll be copied on some of those requests that the City Manager has made of our
department Two things that are currently being looked at are ice skating and the hockey
program and then winter trail plowing so there s been suggestions that in order to save money
over the winter months just eliminate all skating ice skating and hockey and also eliminate all
winter trail plowing so the council will be looking at what those services cost All the costs would not be true savings if you eliminate them because your full time employees are still going
to be doing something if they re not doing those services so basically it s any costs above that
Overtime Hard costs associated with rental of equipment or building or other temporary
seasonal staff such as warming house attendants so keep those keep those topics on your radar
Talk to the council about it if you see them and then also if you ve got the correspondence that I forwarded to the council They ll probably take it up in the first quarter of the year in 2011
Stolar So the budget that they approved was it the original recommended levy amount Not
the lower amount that was requested
12
118
Park and Recreation Commission December 14 2010
Hoffman It was lower than the preliminary levy
Stolar Oh it was okay So they did go with the what was it not 55 It was
Hoffman Yeah
Stolar 50 something thousand lower or how much
Hoffman I think that s the number yeah It s lower than the original Basically the cut there s
a variety of cuts but the staff salaries go from 2 to 1 percent and there s a variety of other things
Equipment 50 000 down Check out Thursday s Villager You ll see it all in there And lastly speaking with the Mayor last night after the council meeting he wishes all of you on the
commission a happy holiday from the entire City Council and a Happy New year so that was
from Mayor Furlong last night so he wanted to send his greetings
Daniel Thank you Alright if there s nothing else to be discussed why don t we go ahead and adjourn and where are we going Todd Axel s
Hoffman Axel s
Daniel Excellent
Stolar moved Wendt seconded to adjourn the meeting All voted in favor and the motion
carried unanimously with a vote of 6 to 0 The Park and Recreation Commission meeting
was adjourned
Submitted by Todd Hoffman
Park and Rec Director
Prepared by Nann Opheim
13
119
t
CITY OF
CHANgASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
MEMORANDUM
TO Todd Gerhardt City Manager
a
FROM Paul Oehme Director of Public Works City Engineer ow DATE January 10 2011
SUBJ Approve Agreement with MnDOT for Federal Participation in
Construction Projects
PROPOSED MOTION
The City Council approves agreement with MnDOT for federal participation
in construction projects
City Council approval requires a simple majority vote of the City Council
present
BACKGROUND
The City of Chanhassen was awarded federal funds for several transportation
projects last year They include reconstruction of TH 101 from Lyman Boulevard
to Pioneer Trail which is planned for construction in 2013 and a trail underpass at
Minnewashta Parkway and TH 5 and safety improvements on TH 5 at Lone Cedar
Lane and Minnewashta Parkway to be constructed in 2012
DISCUSSION
In order to receive these funds the City needs to enter into an agreement with
MnDOT The agreement identifies the City representative for the project bidding
requirements construction administration and payment requirements along with
other miscellaneous duties The agreement overall is very broad in nature and not
specific because each project is very different This is the general agreement
MnDOT has communities sign to receive federal funds
gAeng pau1 nthadJ d Wowm hiltV f6 Proj V fit T6dH MOlanning for Tomorrow 120
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES MINNESOTA
DATE January 10 2011 RESOLUTION NO 2011 1
MOTION BY SECONDED BY
A RESOLUTION APPROVING THE CITY OF CHANHASSEN
ENTERING INTO MnDOT AGREEMENT NO 97986 FOR FEDERAL
PARTICIPATION IN CONSTRUCTION PROJECTS
WHEREAS that pursuant to Minnesota Stat Sec 161 36 the Commission of
Transportation be appointed as Agent of the City of Chanhassen to accept as its agent federal aid
funds which may be made available for eligible transportation related projects
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Chanhassen is hereby authorized and directed for and on behalf of the City to execute and enter
into an agreement with the Commissioner of Transportation prescribing the terms and conditions
of said federal aid participation as set forth and contained in Minnesota Department of
Transportation Agency Agreement No 97986 a copy of which said agreement was before the
City Council and which is made a part hereof by reference
Passed and adopted by the Chanhassen City Council this 10 day of January 2011
ATTEST
Todd Gerhardt City Manager Thomas A Furlong Mayor
YES NO ABSENT
121
O
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www 6chanhassen m us
MEMORANDUM
TO Todd Gerhardt City Manager
t1
FROM Paul Oehme Director of Public Works City Engineer
DATE January 10 2011 6
SUBJECT TH 10 1 Pleasant View Road Intersection and Trail Improvements
Project No 11 05 Approve Consultant Contract
PROPOSED MOTION
The City Council is recommended to approve a consultant contract in the amount
of 92 000 with Kimley Horn Associates Inc for the TH 101 Pleasant View
Road Intersection and Trail Improvements Project No 11 05
City Council approval requires a simple majority vote of the City Council
present
BACKGOUND
Staff has identified the need for improvements to the TH 101 and Pleasant View Road
intersection based on a review of crash data current and future traffic volumes
existing geometric conditions and existing pedestrian and bicycle facilities in the
area
Turn Lane Improvements
The proposed turn lane improvements at the TH 101 and Pleasant View Road
intersection will improve safety and mobility The 45 mph speed limit on TH 101
creates an increased risk for serious crashes at this intersection particularly when
considering that there are no left turn lanes to Pleasant View Road from TH 101
Left turning vehicles from TH 101 under the existing geometric conditions result in
significant speed differentials experienced for northbound and southbound traffic when compared to operations at a similar intersection where there are left turn lanes
on the non stop controlled approach Speed differential is a factor that often
contributes to increased crash rates In addition considerable queuing and delay has
been documented at this intersection during the morning and afternoon peak travel
times particularly on the eastbound Pleasant View approach to TH 101 The queuing
and delays experienced on a stop controlled approach to an intersection have lead to aggressive behavior and ultimately an increase in the crash rate A signal is not
warranted at this intersection based on the MnDot criteria
Regional Trail Improvements
Multi use trails currently exist along the west side of TH 101 south of Pleasant View Road and north of West 62 Street The proposed trail improvements will complete
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 122
TH 101 Pleasant View Road Intersection and Trail Improvements
January 10 2011
Page 2
the current gap in trail construction where currently pedestrians and bicycle traffic must utilize the roadway and shoulder to travel between the two trails The 45 mph speed limit in this area creates a very hazardous situation for pedestrians bicyclists and motorists traveling between the two
trails In addition to the trail improvements on TH 10 1 staff proposes to construct a trail along the
north side of Pleasant View Road from TH 101 to approximately 1 200 feet west of TH 101 where
there is an existing off road trail head through the residential development Completion of the trail along TH 101 from Pleasant View Road to West 62 Street will provide multiple benefits by connecting the existing trails along TH 101 as well as the future trail connection west of TH 101 on
Pleasant View Road This trail segment is a missing link between Chanhassen and adjacent
communities
PROPOSED IMPROVEMENTS BENEFITS
The project will provide the following benefits
Construction of left turn lanes on northbound and southbound TH 101 at Pleasant View Road
will help reduce crashes and improve the traffic operations and safety at this intersection
Construction of a right turn lane from eastbound Pleasant View Road to southbound TH 101
will improve the traffic operations and safety on this approach to the intersection Trail construction along the west side of TH 101 from Pleasant View Road to West 62 Street will complete a missing segment of a regional trail system along TH 101 in this area
resulting in improved mobility and safety for pedestrians
CONSULTANT CONTRACT
Kimley Horn and Associates assisted the City with the grant application and are most familiar with the project The scope of the consultant services includes meetings with the City Council Park
Commission neighborhood meetings and staff meetings Their scope also includes preliminary
design and final design and bidding services A large component of the services includes
coordination with MnDot since the project will need to go through a special state review process
before the project can be bid Kimley Horn will also draft legal descriptions and prepare exhibits for
necessary easement acquisitions
Staff has reviewed the proposal and finds it acceptable for the amount of time and resources needed
to complete the identified tasks The grant application includes a 44 000 consultant fee match to
help pay for some of the consultant work Due to the amount of work needed to keep the work on
the tight schedule staff feels Kimley Horn would provide the best opportunity for a successful
project
The contract would be a time and materials based work not to exceed amount As with all
engineering contracts the consultant must submit periodic invoices that staff will review before
processing The consultant will be required to submit timesheets verifying the hours worked on the
project and expense sheets Staff will review the invoices and expense sheets for accuracy and
conformance to the contract
gAeng public 2011 projects 11 05 th 101 and pvr improvements approve consultant contract 011011 docx 123
TH 101 Pleasant View Road Intersection and Trail Improvements
January 10 2011
Page 3
SCHEDULE
If this project moves forward staff anticipates the following project schedule
Award Consultant Contract
Level 2 Layout Submittal to MnDot for review
City Council Receives Feasibility Report Authorizes Preparation of
Plans and Specifications
Neighborhood Meeting
Final Plans and Specifications Submittal to MnDot for Review
Final Plans and Specifications Approved by MnDot
City Council Approves Plans and Specifications Authorizes Ad for Bids
MnDot Agreement Executed Authorizing Advertisement of Project
Bid Opening
Award Contract
Start Construction
Construction Substantially Complete
Final Restoration Construction Complete
FUNDING
January 10 2011
February 18 2011
March 14 2011
February March 2011
April 22 2011
June 17 2011
June 27 2011
July 8 2011
August 12 2011
August 22 2011
September 6 2011
November 2011
June 2012
The total estimated cost for these improvements is 765 000 The City has been awarded a 594 000
MnDot grant for improvements to the intersection The project costs are proposed to be funded
through City funds and MnDot Municipal Agreement funds as shown in the Capital Improvements
Project plan
Attachments Letter from MnDot dated December 13 2010
CIP Page
Project Area Map
gAeng public 2011 projects 11 05 th 101 and pvr improvements approve consultant contract 011011 docx 124
t o 94t OF J
Minnesota DepartmiL of Transportation
Metro District
Office of State Aid
1500 West County Road B2
Roseville MN 55113 3174
December 13 2010
Mr Paul Oehme
City Engineer
City of Chanhassen
7700 Market Blvd
Chanhassen MN 55317
RE Request for FY 2012 Municipal Agreement Program Funding
TH 101 at Pleasant View Road
City of Chanhassen
Dear Mr Oehme
DEC I 2010
I am writing to inform you of a new decision which has been reached concerning the request for
Fiscal Year FY 2012 Municipal Agreement Program funds for the proposed intersection
improvement project
After reviewing the initial request in more detail and soliciting additional input from various
Metro Functional Areas it has been decided to offer a maximum contribution by Mn DOT of
594 000 this includes 44 000 for Construction Engineering and Inspection The award is for
channelization of TH 101 at the intersection with Pleasant View Road The proposal was
categorized as Safety Improvement
The referenced funding amount is the maximum amount of Mn DOT Metro Municipal
Agreement funding available for this project Municipal Agreement funds can only be used for
construction items that can be justified in accordance with the Mn DOT Cost Participation
Policy If the cost of eligible items falls below this maximum amount the funds awarded will be
reduced to match the cost of the eligible items A copy of the Mn DOT Cost Participation Policy
can be viewed at
http www dot state mn us stateaid ProjDeliv agreements information dsl l pdf
If this funding is accepted by your agency you will be expected to provide project plans and
specifications to my office that conform to a Mn DOT format They will be reviewed and
commented on by Mn DOT functional groups Please contact the Metro functional groups
directly for specific questions relating to their area and copy the State Aid Project Manager on
correspondence We will provide the Municipal Agreement Program process information upon
request All Right of Way costs and acquisition Utility Relocation as applicable and
Preliminary Engineering are the responsibility of the local agency An agreement will be written
by Mn DOT s Office of Technical Support and must be fully executed prior to award of the
Office Tel 651 234 7770
Office Fax 651 234 7765
mike kowski @dot state mn us
An equal opportunity employer 125
Mr Paul Oehme
Page 2
December 13 2010
project To receive the funds this project must be let by June 30 2012 After that date the
money becomes unavailable to our office
Please reply in writing by December 17 2010 if Chanhassen would like to accept this funding
The written confirmation should include acceptance of the conditions of Right of Way Utility
Relocation and Design along with the funding level proposed If funding is accepted by the city
a State Aid Project Manager will be assigned and we will contact you to set up a project kickoff
meeting
If you have any questions about the selection process or funding situation please feel free to
contact me
EMiael tKowski P
Acting Cooperative Agreement Engineer
cc Greg Coughlin Mn DOT Metro State Aid V
Lynn Clarkowski Mn DOT South Area Manager
Nicole Pederson Mn DOT South Area Engineer
Lars Impola Mn DOT Metro Traffic
File
Electronic Copy Only
126
Capital Improvement Program 2011 Mru 2015
City of Chanhassen MN
Project ST 027
Project Name TH 101 1leasant View Rd Intersection Trail Imp
Account 1
Account 2
Account 3
Account 4
Department Street Improvements
Contact Paul Oehme
Type Improvement
Useful Life
Category Streets Highways
Priority n a
Description I Total Project Cost 765 000
The City has applied for state funds to make improvements to the intersection of TH 101 and Pleasant View Road These improvements include urn lanes shoulder drainage and trail improvements The project would widen the intersection so left turn lanes can be constructed and curb and utter on TH 101 would be constructed where necessary A 10 wide bituminous trail would be constructed on the west side of TH 101 from Neasant View Road to Town Line Drive A trail would also be constructed on the north side of Pleasant View Road to connect to an existing trail tossing
Justification
To improve safety access and mobility to the project area
Expenditures 2011 2012 2013 2014 2015 Total Construction 765 000 765 000
Total 765 000 765 000
Funding Sources 2011 2012 2013 2014 2015 Total Other Agency Contribution 560 000
Park Dedication Fund 95 000 560 000
Street Pavement Management 90 000 95 000
Surface Water Utility Fund 20 000
90 000
20 000
Total 765 000
B udget impact ot
ruture maintenance of trail
111
127
Y
FOX DRIVE
r J
g0
X 0w
Au
LL D
R1
TH 101
B424 CURB
ND GUTTER
T 50 T APER TH 101
ARRINGTON DRIVE
1 71
V ell E 4P r i LEGEND
Y
PROPOSED BITUMINOUS TRAIL
PROPOSED ROADWAY WIDENING FULL RECONSTRUCTION
PROPOSED SHOULDER
V
TH 101 i ft
MATCH EXISTING EXISTING ROADWAY
Yl CURB AND CUTTER
CONCRETE N RETE AND GUTTER
PROPOSED DRIVEWAY ENTRANCE
PROPOSED RETAINING WALL
PROPOSED STORM SEWER
y PROPOSED DRAINAGE STRUCTURE
0 30 60 120
Ms 1 r EXISTING TRAIL
s SCALE IN FEET
2 Kimley Horn TH 101 AND PLEASANT VIEW ROAD MN DOT METRO MUNICIPAL AGREEMENT PROGRAM and Associates v Inc INTERSECTION AND TRAIL IMPROVEMENTS MN DOT FISCAL YEAR 2012 Qp 2550 UNIVERSITY AVE WEST SUITE 345N TEL NO 651 645 4192 OF
OF Twa ST PAUL MINNESOTA 55114 FAX NO 651 645 5116 L I11111I7 m REVISED NOVEMBER 11 2010
128
0
CITY OF
CHANgASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952227 1125
Fax 952 227 1110
Web Site
wwadchanhassen mn us
MEMORANDUM
TO Todd Gerhardt City Manager
FROM Laurie Hokkanen Assistant City Manager
DATE January 10 2011
SUBJ Adoption of Ordinance Amending Chapters 4 and 5 Concerning
Animals Establishing Impound Fees and Vaccination and
l y Identification Requirements and Approval of Summary Ordinance
for Publication Purposes
PROPOSED MOTIONS
The Chanhassen City Council adopts the attached ordinance amending
Section 4 15 e Establishing Impound Fees and Chapter 5 Article 2
Division 3 Concerning Vaccination and Identification Requirements
Approval requires a simple majority of the city council
The Chanhassen City Council approves the attached summary ordinance for
publication purposes Approval requires a 4 5 1h vote of the city council
BACKGROUND
The City is eliminating the licensing requirement for cats and dogs
DISCUSSION
The City is repealing the licensing requirement for cats and dogs within
Chanhassen However the City wants to assure that animals are properly
vaccinated and is requiring rabies vaccinations Additionally in order to assist in
locating the owner of an animal animals are required to have some type of
identification
RECOMMENDATION
Staff recommends that city council adopt the attached ordinance amending
Section 4 15 e concerning impound fees and Chapter 5 Article II Division 3
concerning vaccination and identification
ATTACHMENTS
1 Ordinance Amending Chapters 4 5 Chanhassen City Code
2 Existing Language Chapter 5 Article II Division 3 Chanhassen City Code
3 Summary Ordinance for Publication Purposes
gAplan city code 201 1 animals cc memo ch 5 art ii div 3 vac ident doc
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 129
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES MINNESOTA
ORDINANCE NO
AN ORDINANCE AMENDING CHAPTERS 4 AND 5
OF THE CHANHASSEN CITY CODE
CONCERNING ANIMALS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS
SECTION 1 Section 4 15 e of the Chanhassen City Code is deleted and replaced with the
following
e Dog and cat impounding fees
1st offense in a twelve month period 50 00
2nd offense in a twelve month period 100 00
3rd offense in a twelve month period 150 00
4th offense in a twelve month period 200 00
5th and subsequent offenses in a twelve month period 250 00
SECTION 2 Chapter 5 Article 2 Division 3 of the Chanhassen City Code is amended in its
entirety to provide as follows
DIVISION 3 VACCINATION AND IDENTIFICATION REQUIREMENTS
Sec 5 51 Vaccination Requirements
Every dog or cat over six months of age kept as a pet shall be vaccinated against rabies
Because of techniques and tolerances species limitations and public health implications animal
rabies vaccines shall be administered only by or under the supervision of a veterinarian Any animal
or a species for which no rabies vaccination is licensed for that species by the United States
Department of Agriculture shall be considered unvaccinated for rabies regardless of that animal s
vaccination history
However no dog or cat need be vaccinated when a licensed veterinarian has examined the
animal and certified that at such time vaccination would endanger its health because of its age
infirmity debility illness or other medical consideration and such exception certificate is
presented to the animal control officer within five days of such examination The animal shall be
vaccinated against rabies as soon as its health and age permit Unvaccinated animals must be
confined to the owner s property or a veterinary facility
Sec 5 52 Identification Requirements
155179v02
RNK r01 05 2011
130
All dogs and cats are required to have some identification on them that would assist animal
control in contacting the owner Identification allowed under this division includes microchips
veterinarian issued rabies tags or any tags or colors with contact information and phone number s
inscribed on it
SECTION 3 Section 5 74 a of the Chanhassen City Code is amended to provide as follows
a Any dog or cat may be redeemed from impoundment by the owner within the time stated in
the notice of impounding the impounding fees and all other costs and charges incurred by
the city for impounding and maintenance of said animal
SECTION 4 EFFECTIVE DATE This Ordinance shall be in full force and effect
following its passage and publication on 1 2011
PASSED AND ADOPTED this day of 2011 by the City Council of the City
of Chanhassen Minnesota
ATTEST
Todd Gerhardt City Manager Thomas A Furlong Mayor
Published in the Chanhassen Villager on 5 2011
155179v02 2
RNK r01 05 2011
131
Chanhassen City Code
Chapter 5 Article II Division 3 License to be repealed
Sec 5 51 Required
No owner shall keep a dog or cat within the city without a license issued by the city
Sec 5 52 Application
Application for a dog or cat license shall be made to the city upon a form furnished by the city
The applicant shall furnish the information required by the form
Sec 5 53 Fee
The annual fee for a dog or cat license shall be established in chapter 4 of this Code It shall be
the duty of each owner of a dog or cat to pay the license fee each year to the city in the month the
rabies vaccination was given or upon acquiring ownership or possession of any unlicensed
animal or upon establishing residence in the city Owners of dogs or cats that are not licensed in
accordance with this division shall pay a late fee in the amount established by resolution except
if the animal has been impounded and not licensed in which case section 5 54 shall govern
Sec 5 54 Term
Dog or cat licenses shall expire annually following their issuance on the anniversary date the
rabies vaccination was given
Sec 5 55 Receipts and tags
a Upon payment of the license fee the owner of a licensed dog or cat shall be furnished a
suitable tag The owner shall cause the tag to be affixed by a permanent fastening to the collar of
the dog or cat so licensed in a manner that the tag may easily be seen by the officers of the city
The owner shall see that the tag is constantly worn by the dog or cat
b Tags are not transferable from one animal to another
c In case any animal tag is lost a duplicate may be issued by the city upon presentation of a
receipt showing the payment of the license fee for the current year A charge in the amount
established by resolution shall be made for each duplicate tag
d It shall be unlawful to counterfeit or attempt to counterfeit tags provided for in this section or
take from any animal a tag legally placed upon it by its owner or to place such tag upon another
animal
Sec 5 56 Inspections
132
To enforce this division police and animal control officers of the city are authorized to enter
upon any private premises where they have reasonable cause to believe there is an unlicensed
dog or cat
133
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES MINNESOTA
SUMMARY OF ORDINANCE NO AN ORDINANCE
AMENDING CHAPTER 4 FEES AND
CHAPTER 5 ARTICLE II DIVISION 3
VACCINATION AND IDENTIFICATION REQUIREMENTS
OF THE CHANHASSEN CITY CODE
The purpose of this code amendment is to establish impoundment fees repeal the
licensing requirement for cats and dogs and require dogs and cats to be vaccinated and wear
identification
A printed copy of Ordinance No is available for inspection by any person
during regular office hours at the office of the City Manager Clerk
PASSED ADOPTED AND APPROVED FOR PUBLICATION this 10th day of
January 2011 by the City Council of the City of Chanhassen
CITY OF CHANHASSEN
Todd Gerhardt City Clerk Manager
Published in the Chanhassen Villager
134
0
CITY OF
CgANgASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
MEMORANDUM
TO Todd Gerhardt City Manager
FROM Laurie Hokkanen Assistant City Manager
DATE January 10 2011
SUBJ Approval of Amendment to Chapter 5 of City Code Concerning
Dangerous Dogs
PROPOSED MOTIONS
The City Council adopts the attached ordinance Amending Chapter 5 of the City
Code concerning dangerous dogs A majority vote is required to approve this
item
The City Council approves the attached Summary Ordinance for publication
purposes Approval requires a 4 5ths vote of the city council
BACKGROUND
Park Recreation The City s current dangerous dog ordinance contains provisions that conflict with Phone 952 227 1120
Fax 952 227 1110 state law following changes made by the state over the years In 2010 Carver
County went through an extensive process including public input and staff input
Recreation Center from the cities to revise their dangerous dog ordinance The attached ordinance 2310 Coulter Boulevard
Phone 952 227 1400 mirrors the ordinance adopted b the count in September 2010 p y y p
Fax 952 227 1404
The ordinance outlines the definitions of dangerous dog and a potentially
Planning dangerous dog as well as the steps that must be taken by the animal s owner
Natural Resources following designation It also provides for an appeal process to the designation Phone 952 227 1130
Fax 952 227 1110 and authority for the city to authorize the destruction of the dog
Public Works One of the main concerns raised during the crafting of the ordinance was that
1591 Park Road dogs who are provoked not be subject to this designation The ordinance very Phone 952 227 1300
Fax 952 227 1310 clearly defines this as follows
Senior Center b Dogs may not be declared Dangerous or Potentially Dangerous if the
Phone 952 227 1125 threat injury or damage was sustained by a person
Fax 952 227 1110
1 Who was committing at the time a willful trespass or other tort Web Site
www ci chanhassen mn us upon the premises occupied by the owner of the dog
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 135
Mr Todd Gerhardt
January 10 2010
Page 2
2 Who was provoking tormenting abusing or assaulting the dog or
who can be shown to have repeatedly in the past provoked
tormented abused or assaulted the dog or
3 Who was committing or attempting to commit a crime
The city anticipates that all dangerous dog designations will continue to be
handled by Carver County under their ordinance however for consistency
desires for our ordinance to mirror theirs
Dangerous dogs are not a significant issue in Chanhassen Since 2005 only one
Chanhassen dog has been designated by Carver County as potentially
dangerous and no dogs have been designated as dangerous
RECOMMENDATION
Staff recommends adoption of the attached ordinance amending Chapter 5 of the
City Code regulating animals and approval of the summary ordinance for
publication purposes
ATTACHMENTS
1 Ordinance Amendment to Chapter 5
2 Existing Language Chapter 5 Article II Division5
2 Summary Ordinance for Publication Purposes
G Wdmin LH City CounciRRevisions to Ch 5 Dangerous Dogs doc
136
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES MINNESOTA
ORDINANCE NO
AN ORDINANCE AMENDING CHAPTER 5
OF THE CHANHASSEN CITY CODE
REGULATING DANGEROUS AND POTENTIALLY DANGEROUS DOGS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS
SECTION 1 Chapter 5 Article II Division 5 of the Chanhassen City Code is amended in its
entirety to provide as follows
DIVISION 5 DANGEROUS AND POTENTIALLY DANGEROUS DOGS
Sec 5 76 Purpose and Intent
Dogs classified as Dangerous or Potentially Dangerous pose a direct threat to the
people domestic animals and livestock in Chanhassen The intent of this Ordinance is to protect
the public against the health and safety risks posed by Dangerous and Potentially Dangerous Dogs
Sec 5 77 Incorporation by reference
Minnesota Statutes Sections 347 50 through 347 565 are incorporated herein by reference
When the provisions of this Ordinance impose greater restrictions than those of any other statute
ordinance rule or regulation the provisions of this Ordinance shall be controlling Where the
provisions of any other statute ordinance rule or regulation impose greater restrictions than this
Ordinance the provision of such statute ordinance rule or regulation shall be controlling
Sec 5 78 Definitions
For the purpose of this Ordinance the terms defined in this section shall have the following
meanings assigned to them
Animal Control Authority means the City or any law enforcement agent or other public official
acting under its direction and control Additionally Animal Control Authority shall mean any
individual organization partnership or entity operating under contract to perform animal control
operations pursuant to a written agreement authorized and approved by the City
Bodily Harm Great Bodily Harm and Substantial Bodily Harm have the meanings given them
under Minnesota Statutes Section 609 02
City means the City of Chanhassen a political subdivision of the State of Minnesota
Dangerous Dog means any dog that has
1
137
i Without provocation inflicted substantial bodily harm on a human being on public or
private property or
ii When unprovoked engaged in any attack on any person under circumstances which
indicated danger to personal safety or
iii Killed a domestic animal without provocation while off the Owner s property or
iv Been found to be potentially dangerous and after the Owner has received notice that
the dog is potentially dangerous the dog aggressively bites attacks or endangers the
safety of humans or domestic animals or
V When unprovoked has bitten one 1 or more persons on two 2 or more separate
occasions or
vi Been or will be used trained or encouraged to fight with another animal or whose
Owner has in their custody or possession any training apparatus paraphernalia or
drugs used to prepare such dog for fighting with another animal
Hearing means a proceeding conducted by a Hearing Officer in accordance with the
requirements of this Ordinance
Hearing Officer means the City Manager or any Hearing Officer appointed by the City
Manager
Kill Kills or Killed means any act in which there is a direct causal connection between the
act of the attacking dog and the death of the person or other animal For domestic animals
which were euthanized following such an attack Killed or Kills shall mean the death
was the direct consequence of the attack extensive veterinarian assistance would be futile
and that euthanasia merely hastened the inevitable death of the victim animal
Owner means any person firm corporation organization or department possessing
harboring keeping having an interest in or having care custody or control of a dog Any
person in possession of a dog five 5 consecutive days or more shall for the purposes of
this Ordinance be deemed to be an Owner thereof
Potentially Dangerous Dog means any dog that
i When unprovoked inflicts a bite on a human or domestic animal on public or private
property or
ii When unprovoked chases or approaches a person including a person on a bicycle
upon the streets sidewalks or any public or private property other than the dog
Owner s property in an apparent attitude of attack or
ill Has a known propensity tendency or disposition to attack unprovoked causing injury
or otherwise threatening the safety of humans or domestic animals
2
138
Proper Enclosure means securely confined indoors or in a securely enclosed and locked
pen or structure outdoors suitable to prevent the animal from escaping and providing the
dog protection from the elements A Proper Enclosure does not include a porch patio or
any part of a house garage or other structure that would allow the dog to exit of its own
volition or any house or structure in which windows are open or in which door or window
screens are the only obstacles that prevent the dog from exiting Such enclosure shall not
allow the egress of the animal in any manner without human assistance
A pen or kennel in order to qualify as a Proper Enclosure shall meet the following
minimum specifications
i The overall floor size shall have a minimum area of thirty two square feet 32 sq ft
ii Sidewalls shall have a minimum height of five feet 5 ft and be constructed of 11
gauge or heavier wire Openings in the wire shall not exceed two inches 2 in
support posts shall be one and one quarter inch 1 a in or larger steel pipe buried in
the ground eighteen inches 18 in or more When a concrete floor is not provided
the sidewalls shall be buried a minimum of eighteen inches 18 in into the ground
iii A cover over the entire pen or kennel shall be provided shall be constructed of the
same gauge wire or heavier as the sidewalls and shall also have no openings in the
wire greater than two inches 2 in and
iv An entrance exit gate shall be provided and be constructed of the same material as the
sidewalls and shall also have no openings in the wire greater than two inches 2 in
The gate shall be equipped with a device capable of being locked and shall be locked
at all times when the animal is in the pen or kennel The area under the gate shall be
constructed and maintained in such a way as to prevent the dog from digging under the
gate
Unprovoked means the condition in which the dog is not purposely excited stimulated
agitated or disturbed Any attack on a child fourteen 14 years of age or younger is
presumed to be unprovoked This presumption can be rebutted if sufficient evidence is
shown to prove beyond a reasonable doubt that the child was engaged in the commission of
a crime or illegal activity including activities classified under Minnesota Statute Section
343 as cruelty to animals
Sec 5 79 Potentially Dangerous Dog
a Designation Following the investigation of a dog attack incident the Animal Control
Authority shall review all reports Following that review the Animal Control Authority
shall designate any dog Potentially Dangerous if there is a preponderance of evidence that
the dog acted in a manner defined in Section 5 78 as potentially dangerous
b Notice Upon determination that a dog is Potentially Dangerous the Animal Control
Authority shall provide a written Notice of Potentially Dangerous Dog to the Owner of
record or if there is no Owner of record any Owner of such dog by personally serving the
3
139
Owner or a person of suitable age and discretion at the residence of such Owner Service
upon any Owner shall be effective as to all Owners The notice shall state the dates times
places and facts of the incidents which form the basis for the determination and shall
include the following
1 A description of the dog deemed to be Potentially Dangerous
2 The factual basis for that determination and
3 The identity of the official who made the determination
4 The Notice shall also set forth the restrictions imposed upon a Potentially Dangerous
Dog under this Ordinance
5 The Notice shall also advise the Owner s that they have five 5 days to ask the
Assistant City Manager to review the designation and shall include a pre printed form
that the Owner may use to request the review The request for a review shall be made
directly to the Assistant City Manager and must be submitted in writing
6 If the Owner does not request a review within the allotted five 5 days the designation
of Potentially Dangerous Dog as issued in the written Notice of Potentially Dangerous
Dog will stand and the Owner will be subject to all restrictions and requirements as set
forth in the Notice by the Animal Control Authority
c Appeal of a Potentially Dangerous Dog Designation
1 Within five 5 business days of being notified that their dog has been designated a
Potentially Dangerous Dog by the Animal Control Authority the Owner or custodian
of the dog may request a review of the designation in writing on a form provided by
the Animal Control Authority and may submit written and other documentary evidence
that disputes the designation to the Assistant City Manager who shall make a decision
within seven 7 days following the receipt of the written request based only upon the
written evidence
2 Within five 5 business days after a potentially Dangerous Dog designation is
confirmed by the Assistant City Manager the Owner or custodian of the dog may
request a Hearing to contest the designation The request for a Hearing shall be made
in writing on a form provided by the City
3 The Hearing shall be held before the City Manager or by an independent hearing
examiner selected by the City Manager not more than fifteen 15 days after receipt of
the request for Hearing The Hearing Officer may allow the Hearing date to be
extended beyond the fifteen 15 day period for good cause Any dog Owner who
requests such a Hearing is liable to the City for all costs and expenses related to the
Hearing
4 The Hearing Officer shall hear testimony of the parties and their witnesses and shall
consider exhibits offered by the parties At the Hearing both the Owner and the
11
140
Animal Control Authority may present the testimony of live witnesses cross examine
witnesses and present documentary evidence The party offering an exhibit shall mark
the party s name on the exhibit in a manner that will not obscure the exhibit All
exhibits will be returned to the parties at the conclusion of the hearing unless otherwise
ordered by the Hearing Officer The records of the Animal Control Authority any
police reports relating to an attack or bite medical records and all reliable hearsay
shall be admissible for consideration by the Hearing Officer without further
foundation The Animal Control Authority and the dog s Owner may apply to the
District Court for subpoenas for Hearings
5 The City shall have the burden of proving the dog is Potentially Dangerous by a
preponderance of the evidence
6 The Hearing Officer shall make a final decision within seven 7 days of the Hearing
After considering all evidence pertaining to the dog the Hearing Officer shall issue a
written order which rejects or upholds the determination If the Hearing Officer
upholds the determination of Potentially Dangerous the order may affirm or modify
the conditions recommended by the Animal Control Authority If as a result of
testimony or other evidence at the Hearing there are grounds for declaring the dog to
be a Dangerous Dog pursuant to Section 5 80 of this Ordinance the Hearing Officer
may change the designation and issue the appropriate orders The petitioner shall pay
the Hearing Officer s fees unless the City s designation is set aside
7 The decision of the Hearing Officer is a quasi judicial determination that is subject to
review by writ of certiorari to the Minnesota Court of Appeals
8 Except to the extent that a court or Hearing Officer finds that the seizure or
impoundment was not substantially justified by law the Owner or person claiming an
interest in the dog is liable for all actual costs of care keeping and disposal of the dog
The costs must be paid in full or a mutually satisfactory arrangement for payment
must be made between the City and the person claiming an interest in the dog before
the dog is returned to the person If the Owner or person claiming an interest in the
dog does not pay the costs in full or enter into a payment schedule the Owner or
person claiming an interest in the dog shall forfeit all rights and interests in the dog
9 The Animal Control Authority or Hearing Officer may upon the written request of
the Owner review the status of a dog which has been determined to be Potentially
Dangerous if a period of two 2 years has passed without any further incidents or
violations of this Ordinance and may use discretion in determining whether any
conditions which have been ordered are still required If the review is conducted by
the Hearing Officer the burden of proof shall be upon the dog s Owner and the
standard of proof shall be by clear and convincing evidence The Owner must provide
evidence that the dog s behavior has changed due to the dog s age neutering
environment completion of obedience training that includes modification of
aggressive behavior or other factors This designation may be reviewed again no
sooner than one year following the Hearing Officer s most recent order regarding the
designation of the dog as potentially dangerous An administrative hearing fee shall
be required prior to such a review In the event that the Potentially Dangerous Dog
5
141
designation is upheld by the Hearing Officer all actual expenses of the Hearing will
be the responsibility of the dog s Owner
10 If the Hearing Officer confirms the Potentially Dangerous Dog designation the Owner
or custodian of the dog shall complete the Potentially Dangerous Dog Registration
form and file it with the City Clerk with evidence as set forth in Section 5 79 d 1
through 7 of this Ordinance within fourteen 14 days of the final decision
d Potentially Dangerous Dog Requirements
1 Any dog determined to be Potentially Dangerous shall have a microchip implanted
2 The Owner of a dog may be required to enroll the dog in and complete an approved
dog obedience class within a designated period of time and provide proof of
completion to the Animal Control Authority
3 The dog may be required to be kept in a Proper Enclosure or restrained by chain or
leash not to exceed six feet 6 ft in length and or muzzled and under the control of a
responsible person eighteen 18 years of age or older at all times it is outdoors and not
inside a Proper Enclosure
4 The Owner may be required to post a notice on the property where the dog resides
Such notice shall include a warning symbol that children can understand containing a
written notice and warning that a Potentially Dangerous Dog is present on the
property Such signs shall conform to the requirements set forth in Minnesota Statute
Section 347 51 subdivision 2a
5 The Owner may be required to show proof of up to date rabies vaccination and if
required licensing
6 The dog may be required to wear at all times a tag or marker identifying it as a
Potentially Dangerous Dog and
7 The dog may be required to be sterilized within thirty 30 days of the Owner
receiving notice
Sec 5 80 Dangerous Dogs
a Designation Following the investigation of a dog attack incident the Animal Control
Authority shall review all reports Following that review the Animal Control Authority
shall designate any dog Dangerous if a preponderance of evidence exists that the dog acted
in a manner defined in Section 5 78 as a dangerous dog
b Impound The Animal Control Authority may impound at the animal Owner s expense any
dog determined to pose a threat to public safety pending a final Dangerous Dog designation
order The Animal Control Authority shall quarantine at the animal Owner s expense any
dog without proof of current rabies vaccination upon receiving evidence that the dog has
bitten any person or domestic animal Any person who fails or refuses to release a dog to the
2
142
Animal Control Authority or law enforcement agent upon demand or after it has been found
by a Hearing Officer to be Dangerous and ordered into custody at any time in the
investigation review or requirement stages as described in any part of this ordinance shall
be guilty of a misdemeanor
c Notice
1 Upon a designation that a dog is Dangerous the Animal Control Authority shall
provide a written Notice of Dangerous Dog to the Owner of record or if none to any
Owner of such dog by personally serving the Owner or a person of suitable age and
discretion at the residence of such Owner Service upon any Owner shall be effective
as to all Owners The notice shall state the dates times places and facts of the
incidents which form the basis for the determination and include the following
a A description of the dog deemed to be Dangerous
b The factual basis for that determination and
C The identity of the official who made the determination
2 The Notice shall also set forth the registration requirements and other restrictions
imposed upon a Dangerous Dog under this Ordinance or Minnesota Statutes Chapter
347
3 The Notice shall also advise the Owner s that they have five 5 days to appeal the
determination by requesting a Hearing before the Hearing Officer and shall include a
pre printed form which the Owner can use to request a Hearing The request for a
Hearing shall be made directly to the City Manager and must be submitted in writing
4 If the Owner does not request a Hearing within the allotted ten 10 days the
designation of Dangerous Dog as issued in the written Notice of Dangerous Dog will
stand and the Owner will be subject to all restrictions and requirements as set forth in
the Notice by the Animal Control Authority
d Appeal of Dangerous Dog Designation
1 Within five 5 days after receiving notice of a Dangerous Dog designation the Owner
or custodian of the dog may request a Hearing to contest the designation The request
for a Hearing shall be made in writing on a form provided by the Animal Control
Authority
2 Except as otherwise described in this section the Hearing shall be conducted pursuant
to the requirements of Section 5 79 c of this Ordinance
3 Pending a hearing the dog may be seized and held by the Animal Control Authority at
a place of the Animal Control Authority s designation unless the Owner shows proof
that the dog is properly licensed if required has met the requirement for rabies
vaccinations keeps the dog only in a Proper Enclosure unless restrained on a leash
7
143
with a muzzle and otherwise demonstrates to the Animal Control Authority that the
dog under its present circumstances does not present an unreasonable risk of harm to
persons or other domestic animals
4 After considering all evidence pertaining to the dog the Hearing Officer shall make
such order s as the Hearing Officer deems proper including ordering the Animal
Control Authority to take the dog into custody if the dog is not currently in custody
e Authority to Order Destruction The Hearing Officer upon finding that a dog is Dangerous
hereunder is authorized to order as part of the disposition of the case that the dog be
destroyed based on a written order containing findings of fact establishing that each of the
following criteria are present
1 The dog is Dangerous as demonstrated by a vicious attack an unprovoked attack an
attack without warning or multiple attacks and
2 The Owner of the dog has demonstrated an inability or unwillingness to sufficiently
control the dog in order to prevent injury to persons or other animals and
3 The Owner cannot will not does not or otherwise refuses to provide proof of the
liability insurance for the dog as required by Section 5 80 g 3 c this Ordinance
f Cost The Owner or person claiming an interest in the dog is liable for all actual costs of
care keeping and disposal of the dog except to the extent that a court or Hearing Officer
finds that the seizure or impoundment was not substantially justified by law The costs must
be paid in full or a mutually satisfactory arrangement for payment must be made between
the City and the person claiming an interest in the dog before the dog is returned to the
person
g Dangerous Dog Registration
1 Requirements For any dog determined or declared to be Dangerous by operation of
this Ordinance state statute court order ordinance or regulation from another
jurisdiction or valid declaration from an Animal Control Authority the dog shall at
all times during the dog s life be registered as a Dangerous Dog pursuant to this
Ordinance or state law
2 Registration No person may own or possess a Dangerous Dog in this City unless the
dog is registered as provided in this Ordinance or applicable state law All dogs
deemed Dangerous by the Animal Control Authority or Hearing Officer as applicable
shall be registered as a Dangerous Dog with the Animal Control Authority within
thirty 30 days after the date the dog was so deemed
3 Registration Requirements The Animal Control Authority shall issue a Certificate of
Registration to the Owner of a Dangerous Dog only if the Owner presents sufficient
evidence that all of the following are met
144
a The Owner provides and maintains a Proper Enclosure for the Dangerous Dog
as defined in Section 5 78 of this Ordinance and
b The Owner posts clearly visible warning symbol understandable to children
that there is a Dangerous Dog on the property These warning signs must be
posted on the front and the rear of all buildings on the property and upon the
Proper Enclosure for the dog The warning symbol must meet the
requirements set forth in Minnesota Statute Section 347 51 Subdivision 2a
and
C The Owner provides and annually shows proof of public liability insurance
pre paid in full in the minimum amount of five hundred thousand dollars
500 000 00 per person and one million dollars 1 000 000 00 per incident
payable to any person or persons injured by the Dangerous Dog or a policy of
liability insurance issued by an insurance company authorized to conduct
business in this state in the amount of at least five hundred thousand dollars
500 000 00 per person and one million dollars 1 000 000 00 per incident
insuring the Owner for any personal injuries inflicted by the Dangerous Dog
and
d The Owner pays the annual registration fee set by the City and
An identification microchip was implanted in the dog as required under
Minnesota Statutes Section 347 515 and
f The Owner provides proof that all applicable dog licensing requirements are
met and
g The Owner provides proof that the dog is current on all commonly required
vaccines and
h The dog must be sterilized If proof of the sterilization is not delivered to the
Animal Control Authority within thirty 30 days of the designation of a dog as
dangerous the Animal Control Authority shall seize the dog and have it
sterilized at the Owner s expense If the owner does not surrender the dog after
the 30 day period expires then the Animal Control Authority may seize the
dog pursuant to Section 5 81 of this Ordinance
An Owner of a Dangerous Dog shall renew the registration of the dog annually
until the dog is deceased
h Release If a Dangerous Dog was impounded by the Animal Control Authority or upon
order of a Hearing Officer the dog shall not be released until the Owner demonstrates to the
Animal Control Authority that all applicable requirements of this Ordinance including all
registration requirements imposed by this Section or applicable state law have been
complied with The Owner shall have a maximum of thirty 30 days to comply with all
requirements The Owner shall be responsible for all costs incurred in the seizure and
boarding of the dog prior or the dog s return
I
145
1 Revocation
1 Any Certificate of Registration for a Dangerous Dog may be revoked if the Owner
fails to maintain compliance with any registration requirement or fails to keep or
maintain the Dangerous Dog as required by any provision of this Ordinance or
applicable state law The provisions of Sections 5 81 and 5 82 of this Ordinance
applicable to the seizure and disposition of dogs shall apply when the certificate of
registration is revoked
2 The Animal Control Authority shall serve upon the Owner a written Notice setting
forth the alleged reasons for the finding that the dog is not being kept in conformance
with this Ordinance and shall also notify the Owner of the date time and location of
the Hearing Any Hearing to revoke a Certificate of Registration shall be held before a
Hearing Officer within twenty 20 days of the date of the Notice and shall comply
with all the requirements as set forth in Section 5 79 c of this Ordinance The
Hearing Officer may allow the Hearing date to be extended beyond the twenty 20
day period for good cause
3 If a Dangerous Dog Certificate of Registration is revoked following the Hearing the
Hearing Officer shall order the dog disposed of immediately or in the alternative
permit the Owner a reasonable time period not to exceed thirty 30 days to comply
with all registration requirements
j Death or Relocation of Dangerous Dog An Owner of a Dangerous Dog shall notify the
Animal Control Authority in writing of the death of the dog the relocation of the dog or
the transfer of the dog outside of the City to a new jurisdiction within thirty 30 days of the
death or relocation An Owner shall if instructed by the Animal Control Authority execute
an affidavit under oath and penalty of perjury setting forth either the circumstances of the
dog s death and disposition or the complete name address and telephone number of the
person to whom the dog was transferred
k Sale or Transfer of Dangerous Dogs A person who sells or otherwise transfers ownership
or control of a Dangerous Dog must notify any potential purchaser or transferee prior to the
consummation of the transaction that the dog was previously designated as Dangerous The
seller must also notify the Animal Control Authority in writing of the sale and provide the
Animal Control Authority with the new Owner s name address and telephone number
1 Dangerous Dog Requirements
1 Requirements For any dog determined or declared to be Dangerous by operation of
this Ordinance state statute court order ordinance or regulation from another
jurisdiction or valid declaration from an Animal Control Authority the dog shall at
all times during the dog s life be registered as a Dangerous Dog pursuant to this
Ordinance or state law
2 Restraint An Owner of a Dangerous Dog shall at all times keep the dog while on
the Owner s property in a Proper Enclosure as defined by Section 5 78 of this
10
146
Ordinance If for any reason and at any time a Dangerous Dog is not in a Proper
Enclosure the Dangerous Dog must be muzzled and restrained by a substantial chain
or leash not to exceed six feet 6 ft in length and under the physical restraint of a
responsible person eighteen 18 years of age or older The muzzle chain and leash
must all be of such a design manufacture and maintained in a condition that will
prevent the dog from biting any person or animal but that will not cause injury to the
dog or interfere with its vision or respiration
3 Leased Property A person who owns a Dangerous or Potentially Dangerous Dog and
who rents property from another where the dog will reside shall disclose to the
property Owner prior to when the dog begins to reside on the property or prior to
entering the lease agreement and at the time of any lease renewal that the person
owns a Dangerous or Potentially Dangerous Dog that will reside at the property
4 Warning Symbol If the City issues a Certificate of Registration to the Owner of a
Dangerous Dog pursuant to this Ordinance the City must provide for posting on the
Owner s property an adequate number of warning symbols to inform all persons
including children that there is a Dangerous Dog on the property The design of the
warning symbol must be uniform with any specifications for such a sign as issued by
the Minnesota Commissioner of Public Safety if any and shall otherwise be obtained
by the City from the Commissioner of Public Safety The City will charge the Owner
a reasonable fee to cover its administrative costs and the cost of the warning symbol
5 Tag A Dangerous Dog registered under this section shall have a standardized easily
identifiable tag identifying the dog as Dangerous and containing the uniform
Dangerous Dog symbol as developed by the Commissioner of Public Safety or the
Animal Control Authority affixed to the dog s collar at all times
6 Property Inspection The Owner of a Dangerous Dog shall permit the Animal Control
Authority and or Law Enforcement to enter the property where a Dangerous Dog is
kept or located at all hours reasonable under the circumstances without a warrant or
other advance judicial process to inspect the premises so as to ensure compliance with
the provisions of this Ordinance applicable state statutes order from a Hearing
Officer or directive from the Animal Control Authority The failure of an Owner to
permit such inspection is by itself a ground to immediately seize the dog pursuant to
Section 5 81 of this Ordinance and revoke the Dangerous Dog registration pursuant to
Section 5 80 i of this Ordinance
7 Violation The Animal Control Authority shall immediately seize a Dangerous Dog if
requirements imposed by this ordinance are not followed The Owner or custodian
may reclaim the dog upon payment of impounding and boarding fees and upon
presenting proof to the Animal Control Authority that the requirements of Minnesota
Statutes Sections 347 51 and 347 52 have been met A Dangerous Dog not reclaimed
under this section within fourteen 14 days may be disposed of as provided by law
and the Owner is liable to the Animal Control Authority for costs incurred in confining
and disposing of the dog
11
147
8 Review of Conditions If in reviewing the conditions for keeping a Dangerous Dog
there have been no ordinance violations for a period of two 2 years the Animal
Control Authority or Hearing Officer may use discretion in determining whether the
conditions set forth above are still required
9 Review of Designation The Animal Control Authority or Hearing Officer may upon
the written request of the Owner review the status of a dog which has been determined
to be Dangerous if a period of two 2 years has passed without any further incidents or
violations of this Ordinance and may use discretion in determining whether any
conditions which have been ordered are still required If the review is conducted by
the Hearing Officer the burden of proof shall be upon the dog s Owner and the
standard of proof shall be by clear and convincing evidence The Owner must provide
evidence that the dog s behavior has changed due to the dog s age neutering
environment completion of obedience training that includes modification of
aggressive behavior or other factors This designation may be reviewed again no
sooner than one year following the Hearing Officer s most recent order regarding the
designation of the dog as dangerous An administrative hearing fee shall be required
prior to such a review In the event that the Dangerous Dog designation is upheld by
the Hearing Officer all actual expenses of the Hearing will be the responsibility of the
dog s Owner
m Microchip Identification It shall be the responsibility of each Owner of any dog kept or
harbored within the City and determined to be a Dangerous or Potentially Dangerous Dog
under this Ordinance court order state statute designation from the Animal Control
Authority or a substantially similar ordinance from another jurisdiction to ensure that a
microchip is implanted in the dog for identification The name of the microchip
manufacturer and identification number of the microchip must be provided to the Animal
Control Authority If the microchip is not implanted by the Owner the Animal Control
Authority may seize the dog to have a microchip implanted by a qualified veterinarian
clinic or shelter staff In either case all costs related to purchase and implantation of the
microchip must be borne by the dog s Owner
See 5 81 Confiscation
a Seizure The Animal Control Authority shall immediately seize any Dangerous Dog or
Potentially Dangerous Dog if
1 After thirty 30 days after the Owner has notice that the dog is Dangerous or
Potentially Dangerous the dog is not validly registered under this Ordinance or
applicable state law
2 After thirty 30 days after the Owner has notice that the dog is Dangerous the Owner
does not secure the proper liability insurance or surety coverage as required under this
Ordinance
3 The dog is not maintained in a Proper Enclosure as defined in Section 5 78 of this
Ordinance
12
148
4 The dog is outside the Proper Enclosure and not under the proper physical restraint of
a responsible person as required under this Ordinance or any applicable state law or
5 The Owner is served with written notice by certified mail to the Owner s last known
address that the Owner is in violation of any of the requirements of this Ordinance or
any applicable state statute or is in violation of any directive issued by the Animal
Control Authority or order from a Hearing Officer and within thirty 30 days of
service of such written notice has refused or failed to achieve satisfactory compliance
or
6 The Animal Control Authority has reason to believe that the dog is a Dangerous or
Potentially Dangerous Dog and is kept or maintained under conditions or
circumstances creating an unacceptable risk of harm to physical persons or other
domesticated animals or
7 For any other reason authorized by law
b Additional Dogs Subject to Seizure
1 Any dog found to be in circumstances which to a reasonable person indicate that the
dog has been or will be used trained or encouraged to fight with another animal or
any animal whose Owner has in custody or possession any training apparatus
paraphernalia or drugs used to prepare such dog to be fought with another animal is
hereby declared to be a public nuisance and shall be immediately seized and held
2 Any dog may be seized and held to determine if rabid
3 Any dog which meets the definitions found in Section 5 78 of this Ordinance may be
seized and held by the Animal Control Authority at a place designated by the Animal
Control Authority pending a determination whether the animal is Dangerous or
Potentially Dangerous
c Reclaiming Dogs A dog seized under this Ordinance may be released to the Owner upon
payment of impounding and boarding fees and upon presenting proof to the Animal Control
Authority that all requirements of this Ordinance and state law have been or will be met A
dog not reclaimed under this subdivision within five 5 days may be disposed of as
provided under Minnesota Statutes Section 35 71 Subdivision 3 and the Owner is liable to
the Animal Control Authority for costs incurred in confining and disposing of the dog
d Subsequent Offenses If a person has been convicted of a misdemeanor for violating a
provision of this Ordinance and the person is charged with a subsequent violation relating to
the same dog the dog shall be seized by the Animal Control Authority If the Owner is
convicted of the crime for which the dog was seized the Court shall order the dog be
destroyed in a proper and humane manner and order the Owner to pay the cost of confining
and destroying the dog If the person is not convicted of the crime for which the dog was
seized the Owner may reclaim the dog upon payment to the Animal Control Authority of a
fee for the care and boarding of the dog If the dog is not reclaimed by the Owner within
thirty 30 days after the Owner has been notified that the dog may be reclaimed the dog
13
149
may be disposed of as provided under Minnesota Statutes Section 35 71 Subdivision 3 The
Owner is liable to the Animal Control Authority for the costs incurred in confining
impounding and disposing of the dog
Sec 5 82 Destruction of Dogs
a Upon Infliction of Death or Bodily A dog that when unprovoked inflicted death or
Substantial or Great Bodily Harm on a human being on public or private property or when
Unprovoked bit multiple human victims on public or private property in the same attack
may be destroyed in a proper and humane manner by the Animal Control Authority The
Animal Control Authority may not destroy the dog until the dog Owner is provided the
opportunity for a Hearing before a Hearing Officer as set forth in this Ordinance
b Suffering Beyond Cure Notwithstanding any other provision of this Ordinance any dog
taken into custody may be immediately disposed of when the dog is suffering and is beyond
cure through reasonable care and treatment upon a proper determination by a licensed
doctor of veterinary medicine The City shall recover from the dog s Owner all costs
incurred under this section
c Unclaimed Dogs At the expiration of the time a dog is impounded as provided for in this
Ordinance if the dog has not been reclaimed in accordance with the provisions hereof it
shall be the duty of the Animal Control Authority to cause such dog to be destroyed
according to the most humane and approved methods or otherwise disposed of pursuant to
Minnesota Statute Section 343
d No Appeal If no appeal is filed the Dangerous Dog designation will stand and the animal
may be destroyed The dog Owner shall pay for the cost of the dog s destruction pursuant to
Minnesota Statute Section 347 56
Sec 5 83 Criminal Penalty
a The Owner of a dog declared Dangerous or Potentially Dangerous who fails to comply with
the requirements of this Ordinance shall be guilty of a misdemeanor with penalties as
provided under Minnesota law
b It is a misdemeanor to remove a microchip from a Dangerous or Potentially Dangerous Dog
to fail to renew the registration of a Dangerous Dog to fail to account for a Dangerous Dog s
death transfer of ownership or removal from the jurisdiction to sign a false affidavit with
respect to a Dangerous Dog s death transfer of ownership or removal from the jurisdiction
or to fail to disclose ownership of a Dangerous or Potentially Dangerous Dog to a property
owner from whom the person rents property
See 5 84 Restrictions
a Dog Ownership Prohibited Except as otherwise provided by this statute or Minnesota law
no person may own a dog if the person has
1 Been convicted of a third or subsequent violation of Section 5 83 of this Ordinance
14
150
2 Been convicted of a violation under section Minnesota Statute Sections 609 205
subdivision 4
3 Been convicted of a gross misdemeanor under Minnesota Statute Sections 609 226
subdivision 1
4 Been convicted of a violation under section Minnesota Statute Sections 609 226
subdivision 2 or
5 Has a dog ordered destroyed under Section 5 82 and been convicted of one or more
violations of Minnesota Statute Sections 609 226 subdivision 2
b Household member If any member of a household is prohibited from owning a dog in
Section 5 84 a of this Ordinance unless specifically approved with or without restriction by
an Animal Control Authority no person in the household is permitted to own a dog
c Dog Ownership Prohibition Review Beginning three 3 years after a conviction listed in
Section 5 84 a of this Ordinance that prohibits a person from owning a dog and annually
thereafter the person may request that the Animal Control Authority review the prohibition
The Animal Control Authority may consider such facts as the seriousness of the violation or
violations that led to the prohibition any criminal convictions or other facts that the Animal
Control Authority deem appropriate The Animal Control Authority may rescind the
prohibition entirely or rescind it with limitations The Animal Control Authority also may
establish conditions a person must meet before the prohibition is rescinded including but
not limited to successfully completing dog training or dog handling courses If the Animal
Control Authority rescinds a person s prohibition and the person subsequently fails to
comply with any limitation imposed by the Animal Control Authority or the person is
convicted of any animal violation involving unprovoked bites or dog attacks the Animal
Control Authority may permanently prohibit the person from owning a dog in this City
Sec 5 85 Exemptions
a The provisions of this section do not apply to police K 9 dogs used by law enforcement
officials for police work
b Dogs may not be declared Dangerous or Potentially Dangerous if the threat injury or
damage was sustained by a person
1 Who was committing at the time a willful trespass or other tort upon the premises
occupied by the Owner of the dog
2 Who was provoking tormenting abusing or assaulting the dog or who can be shown
to have repeatedly in the past provoked tormented abused or assaulted the dog or
3 Who was committing or attempting to commit a crime
15
151
Sec 5 86 Rabies Quarantine
Whenever any dog has bitten any person or domestic animal and the Owner or custodian
does not provide proof of current rabies vaccination the Owner or custodian of the dog upon being
notified by the Animal Control Authority or local law enforcement will immediately cause the dog
to be quarantined in either a Proper Enclosure as defined in Section 5 78 or if the animal control
officer feels it is needed at a state licensed veterinarian and in a manner that is in accord with all
applicable Minnesota Statutes administrative rules and Minnesota Department of Health
guidelines with the Animal Control Authority or by a veterinarian licensed to practice in the State
of Minnesota for a period of ten 10 days after the dog bite occurred
Within twenty four 24 hours of impoundment the dog Owner or custodian will have the
dog examined by a state licensed veterinarian who will observe the animal and examine the animal
if necessary to ascertain whether symptoms of rabies exist At the end of the ten 10 day
quarantine period the dog will again be examined by a state licensed veterinarian If the
veterinarian diagnoses the dog to be free of the signs of rabies the dog will be released from
quarantine If the dog becomes ill or dies during the period of quarantine the Owner shall
immediately notify the Animal Control Authority for examination by a state licensed veterinarian
If the veterinarian determines that the dog has rabies the dog shall immediately be euthanized in a
humane manner Upon the death of the dog its head will be sent to the State Department of Health
the University of Minnesota or another appropriate agency as designated by the State of Minnesota
for examination for rabies
See 5 87 Cost
The Owner is responsible for the cost of seizures impoundment quarantine examination by
a veterinarian veterinarian services and disposal of the dog or any other cost incurred as a result of
enforcement of this Ordinance unless otherwise specified herein
SECTION 2 EFFECTIVE DATE This Ordinance shall be in full force and effect
immediately upon its passage and publication
PASSED AND ADOPTED this 10 day of January 2011 by the City Council of the City of
Chanhassen Minnesota
ATTEST
Todd Gerhardt City Manager Thomas A Furlong Mayor
Summary Ordinance Published in the Chanhassen Villager on 20
gAadmin ord dangerous dogs doc
16
152
Municode Page 1 of 2
Chanhassen Minnesota Code of Ordinances CITY CODE Chapter 5 ANIMALS AND FOWL ARTICLE
Il DOGS AND CATS DIVISION 5 DANGEROUS ANIMALS
DIVISION 5 DANGEROUS ANIMALS
Sec 5 76 Definitions
Sec 5 77 Regulation of dangerous animals
Sec 5 78 Registration
Sec 5 79 Penalty
Secs 5 80 5 85 Reserved
Sec 5 76 Definitions
As used in this section dangerous animal means
Any animal with a known propensity or disposition to unprovoked attacks to cause injury to or to otherwise endanger the safety of
humans or other domestic animals
2
Any animal that has attacked or bitten any person except a person that has tormented or abused it
Ord No 81 1 10 5 87
Sec 5 77 Regulation of dangerous animals
Ownership of dangerous animals within the city with the exception of ownership by a public law enforcement agency is subject to the following regulations
Leash and muzzle No person shall permit a dangerous animal to go outside its kennel or pen unless such animal is securely leashed
with a leash no longer than four feet in length if possible or otherwise physically restrained No person shall permit a dangerous
animal to be kept on a chain rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash Such animals may not be leashed to inanimate objects such as trees posts buildings and the like In addition all dangerous animals
on a leash outside the animal s kennel or pen must be muzzled if possible by a muzzling device sufficient to prevent such animal
from biting persons or other animals
Confinement All dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel except
when leashed and muzzled as above provided Such pen kennel or structure must have secure sides and a secure top attached to the sides All structures used to confine dangerous animals must be locked with a key or combination lock when such animals are
within the structure Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must
be embedded in the ground no less than two feet All structures erected to house dangerous animals must comply with all zoning and
building regulations of the city All such structures must be adequately lighted and ventilated and kept in a clean and sanitary
condition
3
Confinement indoors No dangerous animals may be kept in any part of a house or structure such as a porch or patio that would allow
the animal to exit such building on its own volition In addition no such animal may be kept in a house or structure when the windows
are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure
Signs All owners of dangerous animals within the city shall within 30 days of the effective date of this division display in a prominent
place on their premises a sign easily readable by the public using the words Beware of Dangerous Animal or similar words In addition a similar sign is required to be posted on the kennel or pen of such animal
Ord No 81 1 10 5 87
Sec 5 78 Registration
All dangerous animals must be registered with the Carver County sheriff s department within 60 days after the effective
date of this division
Ord No 81 1 10 5 87 Ord No 350 7 11 24 03
http library municode con print aspx client1D 14048 HTMRequest http 3a 2f 2flibrary municode 1 5 2011 153
Municode Page 2 of 2
Sec 5 79 Penalty
It shall be a misdemeanor for the owner of a dangerous animal to fail to comply with the requirements and conditions set
forth in this division Any animal found to be the subject of a violation of this division shall be subject to immediate seizure and
impoundment In addition failure to comply will result in the revocation of the license of such animal requiring the immediate
removal of the animal from the city
Ord No 81 1 10 5 87
Secs 5 80 5 85 Reserved
http library municode com print aspx clientID 14048 HTMReq uest http 3a 2f 2flibrary municode 1 5 2011 154
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES MINNESOTA
SUMMARY OF ORDINANCE NO
AMENDING CHAPTER 5 ARTICLE II DIVISION 5
OF THE CHANHASSEN CITY CODE CONCERNING
DANGEROUS AND POTENTIALLY DANGEROUS DOGS
The purpose of this code amendment is to provide a purpose and intent incorporate
references to State Statute provide additional definitions regulate potentially dangerous
dogs regulate dangerous dogs require dangerous dog registration provide appeals
processes permit confiscation of said dogs permit destruction of said dogs provide
criminal penalties provide for restrictions on dog ownership require quarantine of said
dogs and assign costs for administration of this ordinance
A printed copy of Ordinance No is available for inspection by any person
during regular office hours at the office of the City Manager Clerk
PASSED ADOPTED AND APPROVED FOR PUBLICATION this 10 day of
January 2011 by the City Council of the City of Chanhassen
CITY OF CHANHASSEN
Todd Gerhardt City Manager Clerk
Published in the Chanhassen Villager on
g plan city code 2011 animals summary ordinance ch 5 dangerous dogs doc
155
0
CITY OF
CgANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 2271110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 2271110
Web Site
wwaci chanhassen mn us
MEMORANDUM
TO Todd Gerhardt City Manager
FROM Karen Engelhardt Office Manager
DATE January 10 2011 ok 5
SUBJ Approval of Temporary Liquor License Camp Fire USA MN
Council January 24 2011
PROPOSED MOTION
The City Council approves the request from Camp Fire USA Minnesota
Council for a temporary on sale intoxicating liquor license for their annual
meeting on January 24 2011 at the Chanhassen Library Additionally the fee
shall be set at 1
Approval of this request requires a simple majority vote of the City Council
Camp Tanadoona is holding their annual meeting in the Wilder Room at the
Chanhassen Library on Monday January 24 2011 They would like to serve wine
following the meeting Liquor liability insurance has been submitted for the
event
RECOMMENDATION
Staff recommends approval of the request from Camp Fire USA Minnesota
Council s for a temporary on sale liquor license for their annual meeting on
Monday January 24 2010 at the Chanhassen Library Additionally it is
recommended that the fee be set at 1
ATTACHMENT
Application Form
gAuser karen liquor camp tanadoona doc
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 156
yy
At Ht Or Pu
bh Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISIONl 444 Cedar Street Suite 133 St Paul MN 55101 5133 651 201 7507 Fax 651 297 5259 TTY 651 282 6555 W W W DPS STATE MN US
APPLICATION AND PERMIT FOR A l TO 4 DAY TEMPORARY ON SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION VA G f IA e a V NAME OF ORGANIZATION DATE 1 ORGANIZED TAX E EMPT NUMBER L 1 i J Cnctv7e 4 L q i z DI b u 1 U STREET ADDRESS CITY STATE ZIP CODE W 00 M i nn OhS rANJ 5Sy f NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE St S t ter 2QYl IctL Z 5 LO Z o 3 Q 6 q S 3 1 4 Lo Z DATES LIQUOR WILL BE S9L SE Zvl D TYPE OF ORGANIZATION 1rr v n i 12 7 r
ORGANIZATIO14 OFFICER S NAME
Location license will be used If an outdoor area describe
11 A h R S S 2 i 6 b Y c v u
tA N S 3i1
ADDRESS
3 1 00 t v t a k C St
X c v 6 c v 3 iv a
SW 4t 100 01 hire poi iS
Will the applicant contract for intoxicating Liquor service If so give the name and address of the liquor licensee providing the service
Will the applicant carry liquor liability insurance If so please provide the carrier s name and amount of coverage A i n we s F 0 UU a GL Q O DC 000 OCR
APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL GAMBLING ENFORCEMENT
CITY COUNTY
CITY FEE AMOUNT
DATE FEE PAID
DATE APPROVED
LICENSE DATES
SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCENIEN I NOTE Submit this form to the city or county 30 days prior to event Forward applications ned by city and or county to the address above If the application is approved the Alcohol and Gambling Enforcement Division will return this application lobe used as the License for the even
PS 09079 05 06
157
a coR b CERTIFICATE OF LIABILITY INSURANCE OP ID CB
DATE MMIDD YYYY
12 17 10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER S AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER
IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy les must be endorsed If SUBROGATION IS WAIVED subject to
the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement s
PRODUCER NAME C o ry B ergman
Assured Protection Inc A c No E t 651 779 7000 No 651 779 092
ADDRESS CO @a i insurance com 5671 Geneva Avenue N
PRODUCER CUSTOMERID CAMPF 1 Oakdale MN 55128
Phone 651 779 7000 Fax 651 779 0921 INSURER S AFFORDING COVERAGE NAIC9
INSURED INSURER A past Bend Mutual Insurance Co
PERSONAL BADVINJURY
Caazzaapp Fire LISA 310v West Lake St Ste 100 INSURERS
INSURERC Minneapolis MN 55416
INSURER D
INSURER E
AUTOMOBILE
INSURER F
COVERAGES CERTIFICATE NUMBER REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR LTR TYPE OF INSURANCE IN WVD POLICY NUMBER MMIDD MMIDD YYYY LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
EACH OCCURRENCE
PREMISES Ea occurrence
MED EXP Any one person
PERSONAL BADVINJURY
GENERALAGGREGATE
GEN L AGGREGATE LIMIT APPLIES PER
POLICY jEa LOC
PRODUCTS COMP OP AGG
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON OWNED AUTOS
COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY Per person
BODILY INJURY Per accident
PROPERTY DAMAGE
Per accident
UMBRELLA LIAR
EXCESS LIAB
OCCUR
CLAIMS MADE
EACH OCCURRENCE
AGGREGATE
DEDUCTIBLE
RETENTION
S
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY Y IN
ANY PROPRIETOR PARTNER EXECUT OFFICERIMEMBER EXCLUDED
Mandatory In NH
If yes describe under
DESCRIPTION OF OPERATIONS below
1 A
T WC STATU OT
TORY LIMITS ER
E L EACH ACCIDENT
E L DISEASE EA EMPLOYE
E L DISEASE POLICY LIMIT
A Liquor Liability NSN1337032 05 05 10 05 05 11 Occurrenc 1 000 000
Aggregate 1 000 000
DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES Attach ACORD 101 Additional Remarks Schedule more space is required Annual Meetingg January 2010 at the Chanhassen Pu151ic Library serving wine during tEe reception
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
MNDE PTI I THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
MN Dept of Public Safety
Alcohol Gambling Enforcement
444 Cedar St Suite 133
St Paul MN 55101 5133
AUTHORIZED REPRESENTATIVE
1988 2009 ACORD CORPORATION All rights reserved
ACORD 25 2009 09 The ACORD name and logo are registered marks of ACORD
158
4
CITY OF
CAANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 2271310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
wwad chanhassen mn us
MEMORANDUM
TO Todd Gerhardt City Manager
FROM Greg Sticha Finance Director
DATE January 10 2011 Y
SUBJ Adoption of Ordinance Chapter 4 Chanhassen City Code
License Permit and Administrative Fees for 2011
PROPOSED MOTION
The Chanhassen City Council adopts the attached ordinance amending
Chapter 4 of the Chanhassen City Code
City Council approval requires a simple majority vote
BACKGROUND
The city attorney s office recommends that fees be adopted by ordinance These
rates are effective January 1 2011 for the Metropolitan Council
DISCUSSION
The Metropolitan Council amends their Sewer Access Charge SAC fee
annually For 2011 the SAC fee has been raised from 2 100 00 to 2 230 00
Rather than having to amend our ordinance annually to incorporate the
Metropolitan Council s revised fee staff is proposing that the language be
amended to reference that the fee is established by the Metropolitan Council The
total SAC fee for 2011 is 2 305 00 per unit which includes a 75 00 City
surcharge
RECOMMENDATION
Staff recommends that City Council adopt the attached ordinance amending
Chapter 4 of the Chanhassen City Code
ATTACHMENT
1 Ordinance Amending Chapter 4 Chanhassen City Code
g plan city code 2011 cc memo ch 4 sac fees doc
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 159
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES MINNESOTA
ORDINANCE NO
AN ORDINANCE AMENDING CHAPTER 4
LICENSE PERMIT AND ADMINISTRATIVE FEES
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN MINNESOTA ORDAINS
Section 1 Section 4 30 c 5 of the City Code City of Chanhassen Minnesota is hereby
amended to read as follows
5 Sewer and water fees
Residential development
Shall pay a portion of the sewer and water hook up fees area trunk fees at the time of final
subdivision approval 608 00 unit sewer and 1 618 00 unit water The remainder of the
sewer and water hook up fees shall be collected with the building permit at the rate in effect at
that time
Parcels previously assessed trunk hook up fees are exempt Residential trunk hook up fees are
based per unit
Sanitary 1 418 00 unit or 2 026 00 unit if a portion of the sewer hook up fee was not paid
sewer at the time of final subdivision approval Lake Ann Interceptor 1 734 00 unit and
subtrunk 1 818 00 unit
Water 3 775 00 unit or 5 393 00 if a portion of the water hook up fee was not paid at the
time of final subdivision approval
SAC 2 175 00 u nit 2 100 As established by the Metropolitan Council and 75 00
city SAC surcharge
Parcels within the Lake Ann Sewer District will be subject to the Lake Ann Trunk sewer fees in addition to the sewer trunk hook up fees
Commercial industrial and institutional development
Sewer and water trunk hook up fees area trunk fees Fee is paid at the time of building permit
Parcels previously assessed trunk hook up fees are exempt Trunk hook up fees are based on the
number of sanitary access charge SAC units assigned by Metropolitan Council for office or
industrial commercial buildings
160
Sanitary 2 026 00 unit Lake Ann Interceptor 1 734 00 unit and subtrunk
sewer 1 818 00 unit
Water 5 393 00 unit
SAC 2 unit k 2 100 00 to As established by the Metropolitan Council and
75 00 city SAC surcharge
Parcels within the Lake Ann Sewer District will be subject to the Lake Ann Trunk sewer fees in addition to the sewer trunk hook up fees
All development
Lateral connection charges If the lot or tract of land or portion thereof to be served by a lateral
connection that has not been assessed for the cost of construction then the applicant shall pay the
following lateral connection
Sewer lateral connection charge 6 783 00
Water lateral connection charge 6 657 00
Section 2 This ordinance shall be effective immediately upon its passage and publication
PASSED AND ADOPTED this 10th day of January 2011 by the City Council of the
City of Chanhassen Minnesota
Todd Gerhardt City Manager Thomas A Furlong Mayor
Published in the Chanhassen Villager on
g plan city code 2011 chapter 4 sac fees doc
2
161
4
CITY OF
CHANAASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassennn us
MEMORANDUM
TO Todd Gerhardt City Manager
FROM Bob Generous Senior Planner
DATE January 10 2011 6 11 1p
SUBJ 2030 Comprehensive Plan Land Use and Transportation
ON
PROPOSED MOTION
The Chanhassen City Council approves the proposed 2030 Comprehensive
Plan Amendments to Chapter 2 Land Use Section 2 11 and Chapter 7
Transportation Sections 7 6 4 7 6 5 and 7 6 6
City Council approval requires a majority vote of City Council present
EXECUTIVE SUMMARY
The proposed amendments are intended to correct inconsistencies in the City of
Chanhassen 2030 Comprehensive Plan The Mixed Use narrative does not
accurately describe the intended and approved uses within our Mixed Use land uses
The collector narrative does not describe all the roadways shown in the Functional
Classification Map
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on December 7 2010 to review the
proposed amendments The Planning Commission voted six for and none against a
motion recommending approval of the amendment with the following additional
change
Section 7 6 4 A Minor Arterials
4 Highway 13 CSAH 61 Flying Cloud Drive After
the construction of new TH 212 old TH 212 will be downgraded from a principal
arterial route to an A minor arterial and become a county road Flying Cloud
Drive is a two lane undivided highway with limited access control on the segment
within Chanhassen however the river bluff substantially restricts the ability to
access this route The route continues to link Chaska and the TH 101 river crossing
with the Twin Cities Metropolitan Area The route fits the spacing guidelines for
A minor arterial routes and provides east west traffic flow below the bluff
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 162
Todd Gerhardt
2030 Comprehensive Plan Amendments
January 10 2011
Page 2
The Planning Commission also wanted to revise the underlying base map to show the correct street
names e g CSAH 15 for Audubon Road south of Lyman Boulevard and no TH 169 etc
RECOMMENDATION
Staff recommends approval of the proposed 2030 Comprehensive Plan Amendments to Chapter
2 Land Use Section 2 11 and Chapter 7 Transportation Sections 7 6 4 7 6 5 and 7 6 6
ATTACHMENTS
1 Resolution Approving Amendments to the City of Chanhassen 2030 Comprehensive Plan
2 Planning Commission Staff Report Dated December 7 2010
3 Functional Classification Map
gAplan 2008 comp plan amendments executive summary mixed use arterial and collectors doc
163
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES MINNESOTA
DATE January 10 2011 RESOLUTION NO
MOTION BY SECONDED BY
A RESOLUTION APPROVING AMENDMENTS TO
THE CITY OF CHANHASSEN 2030 COMPREHENSIVE PLAN
WHEREAS the City of Chanhassen adopted the 2030 Comprehensive Plan on
November 10 2008
WHEREAS the Planning Commission held a public hearing on December 7 2010 to
review amendments to the 2030 Comprehensive Plan The Planning Commission reviewed the
following
Chapter 2 Land Use Section 2 11 Mixed Use Land Use
Chapter 7 Transportation Sections 7 6 4 A Minor Arterials 7 6 5 Major Collectors and
7 6 6 Minor Collectors
WHEREAS the Planning Commission voted on December 7 2010 to recommend that
the City Council adopt the amendments to the 2030 Comprehensive Plan including a revision to
section 7 6 4 subsection 4
WHEREAS the proposed amendments are minor in nature and clarify the intent of the
comprehensive plan
NOW THEREFORE BE IT RESOLVED that the Chanhassen City Council approves
the amendments to Chapter 2 Land Use Section 2 11 Mixed Use Land Use and Chapter 7
Transportation Section 7 6 4 A Minor Arterials Section 7 6 5 Major Collectors and Section
7 6 6 Minor Collectors of the 2030 Comprehensive Plan contingent upon Metropolitan Council
review
Passed and adopted by the Chanhassen City Council this 10 day of January 2011
ATTEST
Todd Gerhardt City Manager Thomas A Furlong Mayor
YES NO ABSENT
gAplan2008 comp plan amendments adoption resolution mixed use and collectors doc
164
0
CITY OF
CHANgASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
MEMORANDUM
TO Planning Commission
FROM Kate Aanenson AICP Community Development Director
DATE December 7 2010 d
SUBJ 2030 Comprehensive Plan Land Use and Transportation
BACKGROUND
The City adopted the 2030 Comprehensive Plan in December 2008
DISCUSSION
Staff noticed two issues that need to be corrected in the Comprehensive Plan
The Land Use Plan designates areas around the TH 101 TH 212 interchange
as mixed use This category has been established to accommodate either
commercial or high density residential developments The high density
category which includes units with a maximum net density of 16 0 units per
acre accommodates apartments and higher density condominium units but
would also permit the development of townhome type units
The commercial use is intended to support or complement high density
residential development Commercial uses may include convenience grocery
stores day care facilities etc or those uses that meet the daily needs of the
residents
During the 2030 comprehensive plan update staff inadvertently altered the
density from high to medium There are existing approved developments
which were permitted to proceed under the premise of high density
residential
2 The classification of four streets is inconsistent between the Road
Classification map shown in the Comprehensive Plan and the narrative in the
Comprehensive Plan Staff is recommending that we amend the narrative to
include these roadways
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow
Classification
per
Com p Plan Map
Classification per
Comp Plan
Narrative
82 Street Collector Not listed
Audubon Road
Hwy 5 to Lyman
Collector Not listed
Longacres Drive Collector Not listed
Park Road Collector Not listed
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 165
Planning Commission
December 7 2010
Page 2 of 5
COMPREHENSIVE PLAN
LAND USE
Chapter 2 of the City of Chanhassen 2030 Comprehensive Plan deals with Land Use The
mixed use land use has historically been established to accommodate commercial and or high
density residential developments Three projects have been approved based on this mix of uses
Village on the Ponds Southwest Village and Crossroads of Chanhassen The proposed
amendment would return the narrative of the mixed use land use to uses already approved
based on the residential high density and commercial land uses and make the approved
developments consistent with the comprehensive plan
166
Planning Commission
December 7 2010
Page 3 of 5
In the 2020 Comprehensive Plan the language for Mixed Use is as follows
The plan designates areas around the TH 101 TH 212 interchange as mixed use This category
has been established to accommodate either commercial or high density residential development
This area is currently in the MUSA The commercial use is intended to support or compliment
the high density development If the site is developed commercially it shall be a business
neighborhood commercial zoning district The mixed use district consists of only 1 of the 2020
land use or 134 acres
Proposed Amendment changes shown in bold strike through highlighted in yellow
2 11 MIXED USE LAND USE
The City has two mixed use zenin districts which are located at the intersection of Lyman
Boulevard and TH 101 and south of TH 5 east of TH 101 The mixed use land use permits
commercial and high density residential development The northerly site was developed as a
new urbanism development known as Village on the Ponds The Lyman Boulevard site has
pending development including an 800 stall park and ride ramp neighborhood commercial
develepm and medium high density residential development The commercial use is
intended to support or compliment the residential development If the Lyman Boulevard
site is developed commercially it shall be with neighborhood oriented commercial uses
These areas have been zoned PUD Planned Unit Development
TRANSPORTATION
Chapter 7 of the City of Chanhassen 2030 Comprehensive Plan deals with transportation
Four streets show up in the Functional Classification Map Figure 7 11 but are omitted from
the narrative The proposed amendment would revise the narrative to include these roadways
Audubon Road highway 5 to Lyman Boulevard Park Road 82 Street and
Longacres Drive
Proposed Amendment changes shown in bold strike through highlighted in yellow
7 6 5 Major Collectors
Major collectors are designed to serve shorter trips that occur entirely within the city and to
provide access from neighbor hoods to the arterial system These roads supplement the arterial
system in the sense that they emphasize mobility over land access but they are expected
because of their locations to carry less traffic than arterial roads
The following roadways are recommended as Major Collectors in Chanhassen
Audubon Road This route connects TH 5 a major arterial to Lyman Boulevard another major
arterial road This route in conjunction with Lyman Boulevard and Audubon Road south CSAH
15 provides extended north south transportation between communities Audubon Road serves
both residential and industrial development
167
Planning Commission
December 7 2010
Page 4of5
Coulter Boulevard Coulter Boulevard serves two functions a local access south of TH 5 and a
parallel collector to TH 5 capable of carrying local trips of short to medium length
Dell Road from Highway 5 North to the City Limits Dell Road has a design speed of 35 miles
per hour North of Highway 5 the daily traffic volumes in 2003 were 9 349 vpd It is located
approximately one mile east of Highway 101 the nearest north south arterial roadway It is
proposed in the Eden Prairie plan as a major collector
Galpin Boulevard CSAH 117 North of TH S This route connects TH 5 to Shorewood and is
approximately midway between TH 41 and CSAH 17
Lake Drive Lake Drive serves two functions local access south of TH 5 and a parallel collector
to TH 5 This route is capable of carrying local trips of short to medium length In a joint project
with MnDOT and the City of Eden Prairie the City extended Lake Drive east to the City limits
where it merges with the signalized intersection at TH 5 and Dell Road
Lake Lucy Road Lake Lucy Road serves as the only east west connection between TH 41 and
CSAH 17 in northern Chanhassen
Minnewashta Parkway This street serves as the only north south route between TH 5 and TH 7
west of Lake Minnewashta It likely serves thru trips from outside the City from TH 5 to TH 7
as well as locally generated traffic along its route
Park Road Park Road serves the same function as Lake Drive providing local access south of
TH 5 and a parallel collector to TH 5 This route is capable of carrying local trips of short to
medium length connecting to a collector street Audubon Road and an arterial road Powers
Boulevard
Pleasant View Road Pleasant View Road serves as the only east west connection between
CSAH 17 and TH 101 in northern Chanhassen
West 78 th Street This east west route connects TH 41 to TH 101 It parallels TH 5 and provides
local access to the properties adjacent to TH 5
7 6 6 Minor Collectors
Minor collectors are streets or roadways providing travel between local streets and the arterial
roadway network or serving multifamily development or neighborhood centers or services such
as fire stations parks or schools Minor collectors are designed to serve shorter trips within a
City and generally accommodate fewer trips than major collectors or arterials Minor collectors
connect to other collector or arterial streets
82 Street This route continues the connection from TH 5 to TH 41 in conjunction with
Century Boulevard With the future reconstruction of TH 41 this route will serve as a detour for
traffic on that route
168
Planning Commission
December 7 2010
Page 5 of 5
Bluff Creek Boulevard This route provides an east west connection from CSAH 15 to CSAH
17 and the TH 312 new TH 212 interchange The eastern portion of this roadway will be
constructed with the development of the adjacent property
Bluff Creek Drive This route provides a north south connection from CSAH 14 to Flying
Cloud Drive A short segment of this roadway will be constructed north of CSAH 14 to Bluff
Creek Boulevard with the development of the adjacent property
Century Boulevard This route provides a north south link between West 78th Street TH 5 and
West 82nd Street
Great Plains Boulevard This route connects West 78th Street to Lake Drive East
Kerber Boulevard This route connects West 78th Street in downtown Chanhassen to Powers
Boulevard and is parallel to Powers Boulevard
Longacres Drive This route connects TH 41 and Audubon Road CSAH 117 and provides
access to residential developments
Lyman Boulevard Highway 101 to east City limits This roadway connects CSAH 14 from its
intersection with Highway 101 to a roadway connection in Eden Prairie
Market Boulevard This route provides a link between TH 5 and downtown Chanhassen
2010 MUSA North Collector This roadway will connect CSAH 18 to Bluff Creek Boulevard
These connections will be constructed with the development of the properties in the area
The ultimate roadway system is based upon the functional classification presented above It
reflects full development of the City according to the land use plan and socioeconomic forecasts
presented earlier The roadway cross section identified for each classification would be expected
to be in place at the time full development is achieved
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion
The Chanhassen Planning Commission recommends that City Council approve the proposed
2030 Comprehensive Plan Amendments to Chapter 2 Land Use Section 2 11 and Chapter 7
Transportation Sections 7 6 4 7 6 5 and 7 6 6
ATTACHMENTS
2030 Comprehensive Plan pages 2 11 and 7 20 through 7 26
g plan 2008 comp plan amendments arterial collector classification amendment 2010 doc
169
2 10 OFFICE LAND USE
This land use has increased since the last comprehensive plan was completed In addition the City
has identified other property for this land use In the 2020 Comprehensive Plan less than I of
the City was guided Office this has increased to 2 3 in the 2030 plan With the increase in the
number of dwelling units the City has seen an increase in the number of office uses including
medical uses and corporate headquarters The City has given a dual land use designation for the
160 acres at the southeast corner of Powers and Lyman Boulevards Should a lifestyle center not be
feasible then an office development corporate headquarters site would be appropriate The zoning
district for the land is OI Office Institutional District
2 11 MIXED USE LAND USE
The City has two mixed use zoning districts which are located at the intersection of Lyman Boulevard and TH 101 and south of TH 5 east of TH 101 The northerly site was developed
as a new urbanism development known as Village on the Ponds The Lyman Boulevard site
has pending development including an 800 stall park and ride ramp neighborhood commercial
development and medium density residential These areas have been zoned PUD Planned Unit
Development
2 12 PARKS AND OPEN SPACE LAND USE
The percent of land use for Parks and Open Space includes approximately 75 acres of potential new
park or open space The City has acquired additional open space with the application of the Bluff
Creek Overlay District and the use of density transfer to preserve land adjacent to those areas that are
wooded or have slopes in excess of 30 All City parks and Lake Minnewashta Regional Park are in this land use designation All zoning districts permit parks
2 13 POLICY ISSUES
2 13 1 BUFFER YARD CONCEPT
Natural features should be used wherever possible to create buffers between residential developments
located next to non residential uses When natural buffering does not exist additional setback or
buffering is required A buffering setback requirement has been created in the City Code
2 13 2 MUSA IMPACT ON EXISTING LOTS
Prior to 1987 there were a number of large lot subdivisions created These developments contain
homes equipped with on site sewage disposal systems These systems are a substantial investment
on the part of the homeowner and are currently an environmentally acceptable method of dealing with waste generated by this type of development It is the policy of the City that these subdivisions
remain large lot with a minimum lot size of 2 1 z acres Requests for changes may be made
incrementally on a case by case basis but it is City policy to review land use and zoning changes on an area wide basis
City of Chanhassen 2030 Comprehensive Plan LAND USE 12 11
170
4 Minor Collector Streets
5 Local Streets
7 6 3 PRINCIPAL ARTERIALS
Principal arterials are the highest roadway classification and are considered part of the metropolitan
highway system These roads are intended to connect the central business districts of the two central
cities with each other and with other regional business concentrations in the metropolitan area
These roads also connect the Twin Cities with important locations outside the metropolitan area
Principal arterials are generally constructed as limited access freeways in the developed area but may
also be constructed as multiple lane divided highways The following facilities are designated as
principal arterials within the City of Chanhassen
Trunk Highway 7 TH 7 serves as a key east west route through the south central portion
of Minnesota It connects the Twin Cities Metropolitan Area with cities such as Hutchinson
and Montevideo to the west It is located in the northern portion of Chanhassen and provides
regional access and mobility to primarily residential areas In Chanhassen vehicle movements
are generally uninhibited by signals or major street intersections To the east however Highway
7 passes through Minnetonka and northern Hopkins where there are more frequent signalized
intersections and commercial development The roadway carries substantial vehicular traffic and
is considered congested LOS F during peak travel periods
2 Trunk Highway 212 The old TH 212 is a principal arterial and connects small rural
communities to the Twin Cities metropolitan area In Chanhassen TH 212 travels along
the bottom of the river bluff A new location of this facility was planned for many years and
became operational in 2007 The new facility runs diagonally through the southern portion of
Chanhassen The route is a four lane divided facility with controlled access at two interchanges
in Chanhassen one at TH 101 and the other at CSAH 17
3 New Principal Arterial River Crossing Currently there is a lack of a principal north south
arterial route in the region This is due to physical constraints such as Lake Minnetonka and
Minnesota River bluff area as well as past travel patterns favoring east west travel However
as the urban area continues to grow north south travel demand is anticipated to increase The
spacing from the Bloomington Ferry Bridge TH 169 to TH 101 is approximately 7 miles This
is inconsistent with the functional classification guidelines A north south regional river crossing
has been shown previously on the Metropolitan Council s functional classification system This
route is intended to accommodate regional trips between new TH 212 and TH 169
This route was designated a principal arterial route in lieu of designating the current alignment
of TH 41 a principal arterial route The designation was primarily done because TH 41 goes
through downtown Chaska and has numerous access points and limited ability for capacity
improvements The existing river crossings on TH 41 TH 101 and TH 169 are currently at
capacity based on traffic forecasting work done for the Carver County Transportation Plan
Therefore expansion of existing river crossings or an additional regional river crossing appears to
City of Chanhassen 2030 Comprehensive Plan TRANSPORTATION 17 21
171
be needed to address regional growth
As part of the review process for the river crossing MnDOT prepared a Tier I Draft Environ
mental Impact Statement DEIS TH 41 Minnesota River Crossing The study process began
in 2002 The scoping decisions for the environmental reviews were made in February 2005 and
revised in February 2006 The DEIS review and comment period ended on August 10 2007
The end result of the DEIS is to identify a preferred alignment for the new river crossing The
preferred alignment should be both a cost effective solution and minimize social economic and
environmental impacts Once the preferred alignment is chosen local governments will need
to officially map the alignment in order to preserve it for the river crossing In the future a Tier
II Environmental Impact Statement will be prepared to evaluate and select a design for the river
crossing
7 6 4 MINOR ARTERIALS
Minor arterials are designed to emphasize mobility not access and to connect communities with the
metropolitan highway system Major business concentrations and other important traffic generators
are often located on minor arterials In the metropolitan area minor arterials are divided into two
classes A Minor Arterials and B Minor Arterials The number of lanes on arterial routes should
be based on the projected traffic volumes Routes are likely to be constructed either as four lane
undivided roads or as three lane roadways where there is insufficient right of way when the system is
complete
A Minor Arterials
The Metropolitan Council has identified minor arterials that are of regional importance because
they relieve expand or complement the principal arterial system These roads have been labeled A
minor arterials and have been categorized into four types
1 Relievers Minor arterials that provide direct relief for metropolitan highway traffic
2 Expanders Routes that provide a way to make connections between developing areas outside
the I 494 1 694 interstate ring
3 Connectors Roads that would provide good safe connections to and among town centers in
the transitional and rural areas in the vicinity
4 Augmenters Roadways that augment principal arterials within the interstate ring or beltway
To the extent possible A minor arterials are the most continuous and form a grid network over the
entire city however topographic constraints and the location of existing highways and existing land
uses can result in deviations from the spacing guidelines Nevertheless continuity and connectivity
among the A minor arterials and the principal arterials allows the arterial network to provide
important mobility functions throughout the city
In Chanhassen the current spacing of A Minor arterials is approximately every one mile spacing
between TH 101 CSAH 17 and TH 41 The desirable spacing for A minor arterials is considered
22 1 TRANSPORTATION City of Chanhassen 2030 Comprehensive Plan
172
to be 1 a to 1 miles for fully developed areas Because Chanhassen is anticipated to be fully developed
by the year 2030 additional A minor arterials should be designated to maintain mobility
throughout the City The A Minor Arterials that are recommended in Chanhassen include the
following
Trunk Highway S This is the most important existing roadway in Chanhassen functioning as
the City s transportation backbone In the early 1970s TH 5 was considered a principal arterial
route This designation has changed over time because of the close proximity of TH 7 and lack
of continuity west of Carver County Currently TH 5 serves as the major link for Chanhassen
to the metropolitan area In addition TH 5 provides regional access to a large number of
businesses and industrial properties in the area The concentration of these large employers
results in some reverse commuting patterns as well as destinations for many trips coming into
Chanhassen from the west Even though this route is designated as a minor arterial it provides
many functions similar to TH 7 and TH 212 which are principal arterial routes As a result it is
recommended that the city continue to support improvement and access management strategies
that would maintain the mobility of this route
Within Chanhassen the flow of traffic along Highway 5 is interrupted by traffic signals at TH
41 Century Boulevard CSAH 19 Galpin Boulevard Audubon Road CSAH 17 Powers
Boulevard TH 101 Market Boulevard Great Plains Boulevard Dakota Avenue and Dell
Road There are no significant commercial or residential uses accessing directly onto Highway 5
Eastbound traffic on TH 5 typically connects with either I 494 TH 169 and TH 62 From the
Chanhassen border to I 494 TH 5 contains signalized intersections at Eden Prairie Road and
Fuller Street These signalized intersections combined with higher traffic volumes in Eden Prairie
contribute to significant traffic delays during peak hours
2 Trunk Highway 41 Hazeltine Boulevard Another A minor arterial that has many
principal arterial characteristics is TH 41 This route is located in western Chanhassen and is
a major north south river crossing west of the Bloomington Ferry Bridge 9 miles to the east
that connects TH 169 TH 212 TH 5 and TH 7 As a result this route will continue to be an
important link serving Carver County and the City of Chanhassen Chanhassen and Chaska
have done a good job in protecting the mobility of this corridor by providing limited access and
proper development setbacks With other north south corridors being limited the volumes on
this corridor are anticipated to increase as additional development occurs
3 TH 101 This designation is consistent with the Metropolitan Council s Functional
Classification Plan and Hennepin County s designation This designation is consistent with the
spacing guidelines for developing areas The projected year 2030 daily volumes are at the upper
limit or exceed the recommended guidelines for volumes The roadway connects principal and
other minor arterial routes thereby providing an important mobility function for the region The
City has historically limited direct access to TH 101 and will continue to do so
4 Highway 212 Flying Cloud Drive future County Road 61 After the construction of
new TH 212 old TH 212 will be downgraded from a principal arterial route to an A minor
arterial Flying Cloud Drive is a two lane undivided highway with limited access control on the
City of Chanhassen 2030 Comprehensive Plan TRANSPORTATION 17 23
173
segment within Chanhassen however the river bluff substantially restricts the ability to access
this route The route continues to link Chaska and the TH 101 river crossing with the Twin
Cities Metropolitan Area The route fits the spacing guidelines for A minor arterial routes and
provides east west traffic flow below the bluff
5 CSAH 14 Pioneer Tram County State Aid Highway 14 is currently classified as an A
minor arterial based on its spacing with other similar east west routes and the connections that it
provides to other arterial facilities CSAH 15 CSAH 17 and TH 101
6 CSAH 15 Audubon Road County State Aid Highway 15 is currently classified as a A minor
arterial on the Metropolitan Council s Functional Classification Plan This route is looked at in
combination with CSAH 19 portion north of CSAH 18 Together these routes form a north
south connection between old TH 212 and TH 5 It connects facilities such as old TH 212
CSAH 14 Pioneer Trail CSAH 18 and TH 5 The spacing of this roadway with CSAH 17 to
the east is approximately one mile However there are physical barriers e g Bluff Creek which
limits the connections between these routes The spacing of this route with TH 41 to the west is
approximately two miles As the City of Chanhassen develops this facility will provide mobility
for north south traffic flow to important destinations within the city as well as the regional
transportation system
7 CSAH 17 Powers Boulevard County State Aid Highway 17 is currently classified as an A
minor arterial based on the spacing with other similar north south routes and the connections
that it provides to other arterial facilities It connects facilities such as CSAH 14 Pioneer Trail
new TH 212 interchange TH 5 and TH 7 This roadway is approximately one mile west of
TH 101 however there are physical barriers e g lakes and wetlands that limit the connections
between these routes This route is approximately two miles east of TH 41 As the City of
Chanhassen develops this facility will provide mobility for north south traffic flow to important
destinations within the City as well as the regional transportation system It is recognized that
the character of CSAH 17 does change as it extends north into Hennepin County CSAH 82
The roadway becomes narrower and setbacks are limited
CSAH 18 Lyman Boulevard Lyman Boulevard is currently designated as a A minor arterial
It is an east west route that parallels TH 5 for 1 1 2 miles to the south It currently connects
TH 41 CSAH 17 and TH 101 however an extension is planned to the west of TH 41 The
spacing guidelines are consistent with designation of an A minor arterial for this route It is in
close proximity to the Arboretum and there are limited setbacks in the City of Victoria
CSAH 19 Galpin Boulevard This route is looked at in combination with CSAH 15
Together these routes form a north south connection between old TH 212 and TH 5 It
connects facilities such as old TH 212 CSAH 14 Pioneer Trail CSAH 18 Lyman Boulevard
and TH 5 fhe spacing of this roadway with Powers Boulevard to the east is approximately
1 2 miles The spacing of this route with TH 41 to the west is approximately one mile As the
City of Chanhassen develops this facility will provide mobility for north south traffic flow to
important destinations within the City as well as the regional transportation system
7 24 1 TRANSPORTATION City of Chanhassen 2030 Comprehensive Plan
174
B Minor Arterials
The Metropolitan Council defines all minor arterials other than A minor arterials as B minor
arterials These roadways also serve a citywide function Medium to long distance trips use the B
minor arterial system When combined with the A minor arterial system most places in the city are within a mile of such a roadway The B Minor Arterials that are recommended in Chanhassen
include the following
1 Dell Road from Highway S South to the City Limits Dell Road has a design speed of 35 miles
per hour South of Highway 5 the daily traffic volumes in 2003 were 15 623 vpd It is located
approximately one mile east of Highway 101 the nearest north south arterial roadway It is
proposed in the Eden Prairie plan as a minor arterial
7 6 5 MAJOR COLLECTORS
Major collectors are designed to serve shorter trips that occur entirely within the city and to provide access from neighbor hoods to the arterial system These roads supplement the arterial system in the
sense that they emphasize mobility over land access but they are expected because of their locations
to carry less traffic than arterial roads
The following roadways are recommended as Major Collectors in Chanhassen
1 Coulter Boulevard Coulter Boulevard serves two functions a local access south of TH 5 and a
parallel collector to TH 5 capable of carrying local trips of short to medium length
2 Dell Road from Highway S North to the City Limits Dell Road has a design speed of 35 miles
per hour North of Highway 5 the daily traffic volumes in 2003 were 9 349 vpd It is located
approximately one mile east of Highway 101 the nearest north south arterial roadway It is
proposed in the Eden Prairie plan as a major collector
3 Galpin Boulevard CUM 117 North of TH 5 This route connects TH 5 to Shorewood and
is approximately midway between TH 41 and CSAH 17
4 Lake Drive Lake Drive serves two functions local access south of TH 5 and a parallel collector
to TH 5 This route is capable of carrying local trips of short to medium length In a joint project with MnDOT and the City of Eden Prairie the City extended Lake Drive east to the
City limits where it merges with the signalized intersection at TH 5 and Dell Road
5 Lake Lucy Road Lake Lucy Road serves as the only east west connection between TH 41 and
CSAH 17 in northern Chanhassen
6 Minnewashta Parkway This street serves as the only north south route between TH 5 and
TH 7 west of Lake Minnewashta It likely serves thru trips from outside the City from TH 5 to
TH 7 as well as locally generated traffic along its route
7 Pleasant View Road Pleasant View Road serves as the only east west connection between
CSAH 17 and TH 101 in northern Chanhassen
City of Chanhassen 2030 Comprehensive Plan TRANSPORTATION 17 25
175
8 West 78th Street This east west route connects TH 41 to TH 101 It parallels TH 5 and
provides local access to the properties adjacent to TH 5
7 6 6 MINOR COLLECTORS
Minor collectors are streets or roadways providing travel between local streets and the arterial
roadway network or serving multifamily development or neighborhood centers or services such as
fire stations parks or schools Minor collectors are designed to serve shorter trips within a City and
generally accommodate fewer trips than major collectors or arterials Minor collectors connect to
other collector or arterial streets
1 Bluff Creek Boulevard This route provides an east west connection from CSAH 15 to CSAH
17 and the TH 312 new TH 212 interchange The eastern portion of this roadway will be
constructed with the development of the adjacent property
2 Bluff Creek Drive This route provides a north south connection from CSAH 14 to Flying Cloud Drive A short segment of this roadway will be constructed north of CSAH 14 to Bluff
Creek Boulevard with the development of the adjacent property
3 Century Boulevard This route provides a north south link between West 78th Street TH 5
and West 82nd Street
4 G eat Mains Boulevard This route connects West 78th Street to Lake Drive East
Kerber Boulevard This route connects West 78th Street in downtown Chanhassen to Powers
Boulevard and is parallel to Powers Boulevard
6 Lyman Boulevard Highway 101 to east City limits This roadway connects CSAH 14 from
its intersection with Highway 101 to a roadway connection in Eden Prairie
7 Market Boulevard This route provides a link between TH 5 and downtown Chanhassen
8 2010MUM North Collector This roadway will connect CSAH 18 to Bluff Creek Boulevard
These connections will be constructed with the development of the properties in the area
The ultimate roadway system is based upon the functional classification presented above It reflects full development of the City according to the land use plan and socioeconomic forecasts presented earlier The roadway cross section identified for each classification would be expected to be in place
at the time full development is achieved
7 7 PLANKED AND PROGRAMMED IMPROVEMENTS
7 7 1 ROADWAY PLAN
Traffic on Chanhassen s roadway system will continue to increase due to new commercial residential
and industrial development and changes in socio economic conditions The impact of added traffic
will be more evident on primarily the arterial and collector routes However failure to address
7 26 1 TRANSPORTATION City of Chanhassen 2030 Comprehensive Plan
176
N
Lace
Mfnneuwshla s rwa
Arboretum Bou
1
O
Minnesota Landscape Arboretum
City of Chanhassen
Functional Classification
Arterial
i Collector
Future Collector
Principle
N
December 22 2010
in G aai aaO 1i I JO t i iii a un Ct
Gi o ion
PI
Raguel Wildlife
Management Area WMA
G IENGIJoleenlPlanningWunet ClassiAFunctional Classification d 177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248