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CC Packet 2009 06 08A G E NDA C H AN H A SS E N C I T Y C O UNC I L M O NDAY , J UN E 8 , 2009 C H AN H A SS E N M UN I C I P A L B U I L D I N G , 7700 M AR K ET B O U LE VARD 5 :30 P .M . - C I T Y C O UNC I L W O R K S E SS 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 C it y C o un c il do e s n o t c o m p l e t e t h e w o r k 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 w ill 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 a r ag e n da. A . U pd a t e o n C a r v e r C o u n t y B o a r d o f R e v i e w , A n g i e J o hn s o n , A ss e ss o r . B . R e v i e w P o t e n t i a l O p t i o n s f o r S t a t e B o n d i n g B ill . C . D i s c u ss A pp o i n t m e n t s t o t h e E nv i r o n m e n t a l C o mmi ss i o n. 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 B E R S CA LL T O O RD E R (P l e d g e o f A ll e g i a n ce) P U B L I C ANN O UNC E M E N TS C O N S E N T A G E NDA A ll i t e m s li s t e d u n d e r t h e C o n s e n t A g e n d a a r e c o n s i d e r e d t o b e r o u t i n e b y t h e c i t y c o u n c il a n d w ill b e c o n s i d e r e d a s o n e m o t i o n . T h e r e w ill b e n o s e p a r a t e d i s c u ss i o n o f t h e s e i t e m s . I f d i s c u ss i o n i s d e s i r e d , t h a t i t e m w ill b e r e m o v e d f r o m t h e C o n s e n t A g e n d a a n d c o n s i d e r e d s e p a r a t e l y . C i t y c o u n c il ac t i o n i s b a s e d o n t h e s t a ff r ec o mm e n d a t i o n f o r eac h i t e m . R e f e r t o t h e c o u n c il p ac k e t f o r eac h s t a ff r e p o r t . 1 . a . A pp r o v a l o f M i n u t e s : -C i t y C o u n c il S u mm a r y M i n u t e s d a t e d M a y 26 , 2009 -C i t y C o u n c il V e r b a t im M i n u t e s d a t e d M a y 26 , 2009 -C i t y C o u n c il W o r k S e ss i o n M i n u t e s d a t e d M a y 26 , 2009 R ece i v e C o mmi ss i o n M i n u t e s : -P l a nn i n g C o mmi ss i o n S u mm a r y M i n u t e s d a t e d M a y 19 , 2009 -P l a nn i n g C o mmi ss i o n V e r b a t im M i n u t e s d a t e d M a y 19 , 2009 b . A cce p t D o n a t i o n f r o m K l e i n B a n k f o r S u mm e r C o n ce r t S e r i e s . c . A pp r o v e S upp o r t L e tt e r a n d R e s o l u t i o n s f o r F e d e r a l F u n d i n g A pp li ca t i o n s : 1 ) P e d e s t r i a n T r a il U n d e r p a ss a t T H 5 & M i nn e w a s h t a P a r k w a y , 2 )R ec o n s t r u c t i o n o f M N 101 f r o m L y m a n B o u l e v a r d t o P i o n ee r T r a il , 3 ) R ec o n s t r u c t i o n & W i d e n i n g o f L y m a n B o u l e v a r d f r o m A udu b o n (n o r t h l e g ) t o P o w e r s B o u l e v a r d d . A pp r o v e P r e limi n a r y P l a t E x t e n s i o n f o r L i b e r t y a t C r ee k s i d e . 1 e . A pp l e T r ee E s t a t e s , 8600 W a t e r s E dg e D r i v e ; A pp li ca n t : P l o w e E n g i n ee r i n g ; Ow n e r : A l K li n g e l h u t z : 1 ) A pp l e T r ee E s t a t e s : F i n a l P l a t A pp r o v a l 2 ) A pp r o v e D e v e l o p m e n t C o n t r ac t f . A pp r o v e C o n t r ac t f o r S c h oo l R e s o u r ce O ff i ce r , C h a nh a ss e n H i g h S c h oo l . g . L i f t S t a t i o n #24 , W e t W e ll R e h a b ili t a t i o n : A pp r o v e Q u o t e . V I S I T O R P R E S E N T A T I O NS 1 .5 P r e s e n t a t i o n o f $2 ,000 C h ec k f o r S u mm e r C o n ce r t S e r i e s , K l e i n B a n k C h a nh a ss e n (v e r b a l ). P U B L I C H E AR I N GS 2 . B HO J W A N I DO C K V A R I A N C E : R e qu e s t f o r a n A f t e r-t h e -F ac t V a r i a n ce t o P l ace a D o c k ; 3301 S h o r e D r i v e ; A pp li ca n t : G a r y B h o j w a n i . UN F I N I S H E D B U S I N E SS - N o ne N E W B U S I N E SS - N o n e C O UNC I L P R E S E N T A T I O NS AD M I N I S T RA T I V E P R E S E N T A T I O NS C O RR E S P O ND E NC E P AC K ET AD J O URN M E NT A c o p y o f t h e s t a ff r e p o r t a n d s upp o r t i n g d o c u m e n t a t i o n b e i n g s e n t t o t h e c i t y c o u n c il w ill b e a v a il a b l e a f t e r 2 :00 p .m . o n T h u r s d a y . P l ea s e c o n t ac t c i t y h a ll a t 952 -227 -1100 t o v e r i f y t h a t y o u r i t e m h a s n o t b ee n d e l e t e d f r o m t h e a g e n d a a n y t im e a f t e r 2 :00 p .m . o n T h u r s d a y . GUID E L IN E S F O R V ISI T O R P R E S E N T A T IONS We l c o m e t o t h e C h a nh a ss e n C it y C o u n c il M ee ti n g . I n t h e i n t e r e s t of o p e n c o mm u n i c ati o n s , t h e C h a nh a ss e n C it y C o u n c il w i s h e s t o p r ov i d e a n o pp o r t u n it y fo r t h e pu b li c t o a dd r e ss t h e C it y C o u n c il . T h at o pp o r t u n it y i s p r ov i d e d at e v e r y r e gu la r C it y C o u n c il m ee ti n g du r i n g V i s it o r P r e s e n t a ti o ns . 1. A n y o n e i n d i c ati n g a d e s i r e t o s p e a k du r i n g V i s it o r P r e s e n tati o n s w ill b e a c k n o w l e dg e d b y t h e M a y o r . W h e n c all e d up o n t o s p e a k , s tat e y o u r n am e , a dd r e ss , a n d t o p i c . A ll r e ma r k s s h all b e a dd r e ss e d t o t h e C it y C o u n c il a s a w h o l e , n o t t o a n y s p ec i f i c m e m b e r (s ) o r 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 of t h e C it y 2 C o u n c il . 2. I f t h e r e a r e a n u m b e r of i n d i v i du al s p r e s e n t t o s p e a k o n t h e s am e t o p i c , p l e a s e d e s i g n at e a s p o k e s p e r s o n t h at c a n s u mma r iz e t h e i ss u e . 3. L imit y o u r c o mm e n t s t o f i v e mi n u t e s . A dd iti o n al tim e ma y b e g r a n t e d at t h e d i s c r e ti o n of t h e M a y o r . I f y o u h a v e w r itt e n c o mm e n t s , p r ov i d e a c o p y t o t h e C o u n c il . 4. D u r i n g V i s it o r P r e s e n tati o n s , t h e C o u n c il a n d s ta ff li s t e n t o c o mm e n t s a n d w ill n o t e n g a g e i n d i s c u ss i o n . C o u n c il m e m b e r s o r t h e C it y M a n a g e r ma y a s k qu e s ti o n s of y o u i n o r d e r t o g ai n a t h o r o ug h u n d e r s ta n d i n g of y o u r c o n ce rn , s ugg e s ti o n o r r e qu e s t . 5. P l e a s e b e a w a r e t h at d i s r e s p ec t f u l c o mm e n t s o r c o mm e n t s of a p e r s o n al n at u r e , d i r ec t e d at a n i n d i v i du al e it h e r b y n am e o r i n f e r e n ce , w ill n o t b e all o w e d . P e r s o nn e l c o n ce rn s s h o u l d b e d i r ec t e d t o t h e C it y M a n a g e r . M em b e r s o f t h e C it y C o u n c il a nd s o me s t a ff mem b e r s m a y g a t h e r a t H o u li h a n ’s R e s t a u r a n t & B a r , 530 P ond P r o me n a d e i n C h a nh a ss e n i mme d i a t e l y a f t e r t h e mee ti ng f o r a p u r e l y s o c i a l e v e n t. A ll mem b e r s o f t h e p u b li c a r e w e l c o me . 3 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Todd Gerhardt City Manager FROM Laurie Hokkanen Assistant City Manager DATE June 8 2009 A SUBJ Guest Presentation from Angie Johnson Carver County Assessor BACKGROUND The City of Chanhassen contracts with the Carver County Assessor s Office to perform property assessing duties for parcels within the City of Chanhassen In 2007 we entered into a 3 year agreement to engage in the Open Book Process whereby residents or businesses who wish to question their property valuation do so with County staff rather than appearing before the local Board of Appeal and Equalization Feedback on this process has been positive Angie Johnson Carver County Assessor will be present to discuss Chanhassen property value changes for 2009 RECCOMENDA TION No action is requested on this item G Admin LH Carver County 09 Assessor s update doc Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 4 City of Chanhassen 2009 Assessment Summary Apartment Other Total 2009 EMV 2 894 335 700 456 737 400 45 925 900 63 180 800 3 460 179 800 2008 EMV 2 954 649 900 418 461 500 39 689 900 76 017 800 3 488 819 100 Total Value Change 60 314 200 38 275 900 6 236 000 12 837 000 28 639 300 New Construction 37 564 500 7 933 400 2 653 900 1 000 48 151 800 Market Change 97 878 700 30 342 500 3 582 100 12 838 000 76 791 100 New Construction 1 30 1 74 5 78 0 00 1 39 Market Change 3 31 7 25 9 03 16 89 2 20 2009 Total Increase 2 04 9 15 15 71 16 89 0 82 Chanhassen Value Distribution 2009 Commercial Industrial 12 Commercial In dustrial o Apartment o Apartment 1 OJ Residential o Other 13 Residential 84 5 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Todd Gerhardt City Manager Paul Oehme Director of Public Works City Engineer l FROM DATE June 3 2009 SUBJ Review Potential Options for State Bonding Bill BACKGROUND Annually the State Legislature considers bonding for projects that have a high regional benefit This year staff has identified four projects that should be considered to be included in this year s bonding bill 1 TH 101 Imurovements from Lvman Boulevard To the Scott County Line This project would improve the regional mobility over the Minnesota River This corridor had a corridor study completed in 2007 which identified needed improvements The project would address safety issues at the intersection of CSAH 61 old 212 and TH 101 one of the worst crash locations in Carver County and help in MnDot s Towards Zero Deaths initiative The project does have regional significant because it would improve an existing river crossing and address mobility in the region Currently the region lacks adequate traffic capacity at all of the Minnesota River crossings MnDot has proposed a principal arterial river crossing for the region however this project is not planned for construction for at least 30 years Carver County and Chanhassen have both been advocates for this project and MnDot has shown interest in improving the corridor and turning the maintenance responsibility over to Carver County Shakopee and Scott County both see the need for better Minnesota River Crossings but are concerned about the potential traffic impacts and added congestion that may occur with improvements to 101 A good estimate for improvements to the Scott County line has not been completed however a ballpark estimate is 27 000 000 2 TH 5 Imurovements from TH 41 to CSAH 31 A roadway scoping study was complete in October 2008 on TH 5 for TH 41 to Norwood Young America which identified safety and mobility needs for the corridor Based on that document improvements are being planned for the corridor MnDot also recently completed a scoping report that added to and provided more detail to necessary corridor improvements from TH 41 to CSAH 13 The corridor currently lacks capacity for the region and has experienced several severe crashes The project would add additional Chanhassen is a Community for life Providing for Today and Planning for Tomorrow 6 Todd Gerhardt June 3 2009 Review of Potential Options for State Bonding Bill Page 2 capacity to the corridor and make improvements to the intersection at Minnewashta Parkway and CSAH 13 The project cost is estimated at 13 000 000 3 Ravine Stabilization in Lower Bluff Creek Bluff Creek is known to be impaired with sediment This sediment is delivered to Bluff Creek in large part due to the numerous gullies and escarpments which are tributary to Bluff Creek Currently the MPCA is funding a TMDL study for this area which should be completed this year The deposition of this sediment occurs at the underpass at Flying Cloud Drive and at TH 101 resulting in potential flooding conditions for TH 101 and necessitates that MnDot remove hundreds of yards of materials annually at a significant cost The project cost is estimated at 2 400 000 4 Bluff Creek Drive Trail and Water Quality Proiect This project will incorporate stormwater volume reduction and water quality treatment with the construction of a new trail along Bluff Creek Drive Currently this area drains to the Seminary Fen with little or no treatment and has resulted in the formation of several gullies above Seminary Fen This project will connect the City trail system with the Hennepin County Trail System the Seminary Fen SNA and provide access to the Raguet SNA while concurrently providing best management practices to reduce runoff volume runoff rate and improve water quality ofthe runoffto Seminary Fen and the adjacent tributary areas The project cost is estimated at 1 200 000 Staff would like to forward these projects to our elected state representative to be included in this year s state bonding bill Attached are the projects that were included in last year s bonding bill and which ones were funded Attachment 7 00 0 00 00 00 0 00 00 00 00 0 00 0 00 00 00 00 0 00 0 00 0 Nt 7 III 0 C CIl N OS S III s E CIl S 00 0 0 0 00 0 00 00 00 0 0 00 0 00 0 0 0 00 00 00 0 00 0 00 0 Ill 0 III 0 t 7 Q W 0 N III 00 0 0 0 00 00 0 00 00 0 0 00 0 00 0 0 0 00 0 0 00 0 00 0 00 0 s t 7 0 0 III O OCO s S O CIl0 EN o E O u CIl a 0 0 V V 0 0 0 0 0 0 LOO LOO LO 0 LO 0 LO t LO t 0 0 1 LO t 0 N 0 a 0 V 0 N 0 0 LO 0 I 0 0 0 0 M LO NO NO N CO 0 a 0 V CO N N 0 LO N 0 t 0 CO N I 0 0 LO a I 0 0 CO 0 N VO t O O LO 0 LO CO N N 1 t CO 0 LO CO LO 0 t a 0 jij N N c S oi cri N N ci N i N N N cO i oi 0 t 7 N N a CO N III 0 l s 3 U CIl 00 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V III t 7 LO 0 C t I N Os 0 0 N III III CIl III 3 CIl UC CIl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO a c t 7 LO N U t t 0 V CIl 0 0 N Q u s V V 0 0 0 LO t N 0 a 0 V 0 N CO CIl 0 0 0 0 0 0 0 0 LO 0 LO 0 LO 0 LO LO t LO t I 0 0 LO 0 I 0 0 0 0 M LO N 0 N 0 N CO 0 a 0 V CO N N 0 LO N 0 t 0 CO N I 0 N LO a I 0 0 CO 0 N V 0 t C O LO 0 LO CO N N I t CO 0 O CO LO 0 t a 0 CO N N c S oi cri N N ci N i N N cO i cri 0 0 t 7 C J N a CO N N g CO g E en w Z 6 W Q d W en d Z cL Z 0 Z d Z cL W en N ci t w w OCllO ll 0 0 C s J J Z Z Z c t t t w w l 2 2 c t t t w W I J J 0 0 0 c t t w W tQ t t t t t t t t m m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l c c Q 0 0 0 E I en Q Q 10 e 0 l e l t 0 C e C l Q 0 l c u a Q 0 0 E 0 Q Q t 0 C e Q Q C e E Ctl 0 e Ie e 0 c 0 J c Q E E u 0 j J Q w 0 0 Ctl Q 6 Q Q 0 1j l Q Q Q5 U ll E C Q5 E c g c l 2 ll 0 15 0 0 0 Q Ctl C Q Q e Q 0 Q Q J l @ 0 en c l S e 15 Q Ctl 0 0 g Cii S a e Q Q E Q e E U5 e Q E c Q5 E 0 ll l Q Q @ Q en Ctl 0 0 e 0 C E E cD Cii e l c 0 E J c Ctl 1j c 0 C Q U5 en l 0 c l E Q Q Q ll E LO 0 6 Q 13 0 c 0 e Ctl e U CIl 1j 9 1 0 Q5 l t 0 Q LU Q E Cii Q 0 Q l Q Q e E Q e Ctl C 0 9 Ctl 0 t Q V E 0 0 Q5 C a Q C i 0 c LL e J g ll Ctl c t Q Q 0 J 5 II e 0 9 I Q Q c E a I CO 0 0 0 Q 0 E @ Cii ci C 0 E Q Q a c Q5 t l U LL Q Q Q l Q 13 U5 CIl I e 0 Z Q c Q Q Q en c Ctl E E 0 c e 2 III @ Q c 0 l 0 15 9 t LU Q Q Q 9 1 Q 0 ll 0 E l W l Ctl Ctl III Q Q l J Co ll Ctl i e Q5 m E 16 gj a 0 0 0 U5 0 Q c S @ Q Q Cii t J 0 iU a o III 1 0 Q Q e Q a Q a Q l U5 E e Q g 1j Q5 0 en 0 g 0 Q Q5 e U5 m e c J Q5 Q5 Q l c 0 t a 3 3 C e o 0 5 Cii c 3 2 en jj c e 0 Q @ @ a 1 0 5 e 0 e 0 l m Cii 0 3 V Q 0 3 0 0 Q Q5 Ctl Q 13 U5 l e C @ 0 J e 0 Cii I 3 0 5 E 0 in CIl Q o Ctl III a Q Q Ctl 9 c Cii 0 0 9 1 Cii l 0 3 C l 3 U5 0 e t Co Q5 Ctl l E 9 e ll U5 E g 1 0 0 en e a 2 C E e Co 0 0 Q e I 0 0 e Ctl 1j 0 Q 0 3 Q Qi 0 Ctl 0 t I Q l c @ E c 3 l 0 a 0 2 J 0 c 0 C @ LU C c en en c c a Q u l l Ctl 0 m 0 g 0 e Q e Qi l CD jQ Ctl en Q Ctl a 0 0 l Jg z it Qi I Q ll l Ii C 0 l 0 2 m LU g g c Jg 2 E 0 e Qi l C 0 iIi Ctl 0 0 Cii J 2 ll Ctl 0 Q 0 I t E c Q i i Ctl Q 2 0 Ctl e 0 0 JO J 0 0 ro m ll e Q5 5 C 5 c J en III a C e III e 0 0 III E E E c 1j E Q g t e 0 l 8 Q J ll 0 Q Q Ctl ll ll Q e e 0 E l J 0 0 e ll E E c C C l Co Co 0 Q5 l Ctl 0 l CD e 0 0 c e 9 1j 0 e 5 ll l O c 0 e e e 0 Ctl Co Ctl Q Q 0 0 l Ctl III Q Q c Q Q 5 5 5 e Ctl Ctl Q Q 0 t t t t t t m m m m m m 03 03 CO m m 0 0 0 0 0 0 3 3 0 0 0 0 0 0 0 0 00 J Xl i8gs 5 Q 0 Q5 0 0 l l 0 o l Xl o o C I o J Q c c 0 Q 1ii Ci5 8 0 0 0 0 00 00 00 00 0 00 00 0 00 00 00 0 00 00 00 0 0 0 00 0 00 00 0 0 0 0 00 0 0 0 0 0 0 0 00 00 0 00 00 0 0 0 0 0 00 0 0 0 0 0 00 0 0 0 00 0 0 C 0 0 0 0 0 0 0 0 0 0 0 0 00 0 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 C J C J ci cI3 t 0 0 C 00 C t 0 CO l C 0 0 0 00 C J l 0 0 t t 0 0 C J I 0 0 0 0 C 0 0 0 l 0 l 0 0 0 0 l C 00 00 l CO 0 I CO 0 l 0 C J l CO l l C C 0 0 0 00 00 0 0 0 0 CO 0 t C I 0 CO 0 t 0 0 0 C J I CO 0 l l 00 00 C t 0 t C I 0 C CO 0 0 C J 00 t CO C J 0 l 0 l C J 00 0 C J CO l t I 0 6 ci r N C J N C J N as 6 f ci ci 6 cI3 f r N t r r cI3 0 r 0 ci ci l t C J l C co C J l t C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l 0 C 0 0 0 0 C J t 0 0 0 r ci 0 l o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 l 0 l 0 0 0 0 I l 0 0 0 C J 0 C J 0 0 0 C J 0 0 I 00 0 0 00 0 0 6 0 l ci r f ci 0 C l 0 l C 0 00 C t 0 co l C 0 0 00 C J l 0 0 t t 0 0 I 0 0 0 0 C 0 0 0 0 0 0 0 0 0 0 l l 00 00 l co 0 C J co 0 co l 0 C J l co l l C C 0 0 00 00 0 0 0 0 co 0 t C l 0 0 t 0 0 co C J I co 0 l t oo 00 t 0 t C I 0 C co 0 0 co 00 t co C J 0 l 0 l C J 00 C J l l C J I 0 ci ci 1 N C J N C J cI3 as 6 f ci 0 cI3 f r C J f r r N 1 r ci 0 C J t l C J co 0 C J c J c J ci r L Z d Z c J ci t c J en 6 Z d 0 a w cO tl 6 0 z s2 0 Cl l l Z a a a a a ill 0 0 z a 0 ill Cl Cl Cl Cl ill ill ill u u u I I I I I I Z l J J 2 2 2 2 2 2 t5 0 e c t5 C a a l C a E g a g a t5 c en il C Il Qj a E E 0 E I G l g t 2 C t a S2 s x a a 0 g i U ea Qj C a c 0 a gj ea a 6 en c a u 1 a E C Il Qj G E t5 a a 0 c Q C l 0 0 C Z c a C 0 a a s E t5 s 0 Q E z 0 C 0 0 a t 3 en a C Il S E 8 0 a C w 0 w 0 ea ii 0 E Qj E 0 a w c E a a J c Q 0 c 0 a c s c c a a t5 en 0 E c ro a c a a c E 0 0 C 0 C ro a c 8 g E 0 0 c C Il en c 0 en C Il c a a a I a x ill J a 0 C Il w 0 s a 1 0 E x ro 0 a c c w a a ci i C Il a a s 8 Qj t en c ill c a a 0 ill u c a c C Il c C Il S2 C Il u a c C u Qj a il J g 0 a t5 a 0 C en t5 I t5 c X C 0 8 a c C 3 t C Il c a 0 a a ill E C Il en a ro l 0 x a a 0 a s il l 2 a E ill e c 5 J a J 5 3 0 s w 0 C Il E C Il c Cl E c c 0 a c Qj lB J C en Q5 ro c a 0 0 2 0 c t5 a 0 a J a Qj ro il a a IJ l C J ro s en Qj en a ill c a C E a 1 i I 1 t C Il a E ro a C Il t5 3 a E a 0 a s Q1 0 t5 a 0 0 x C a I a 0 a t5 t I ill a t5 a en g ill a l Z a E s a z a 0 0 IJ l Qj 0 ill a t5 0 0 en s a c 5 en 2 il l a a a E 0 t Qj ill a 0 e I C Il 0 Q c c J l ill s C Il a 0 e 0 a a 0 a c a 0 ro l o l a 0 0 Cl s en c e c a a a c 1 i J a a u a C Il Qj a a c Qj 0 Cl 3 a a J C Il a 0 3 8 t 0 c a a a c s ill a c c c 0 ii 05 en Ci5 0 0 en a ea s ro l en en J J C u C 0 u i en C Il ii a 1 c 0 1 C l I C Il a c s e Q 0 s C 0 il 0 0 0 C Il 0 0 J ii C C J s g C Il a J oc I 09 s C Il 2 z g Og Og en 0 a 0 en a 0 0 5 C i 3 E c s J a I ea 0 c 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OON I OO OOZ I I OO W ZO OOO OO NM W OO W O OW OOOOOOO 001 1 1 1 1 1 ZZZZZZOOOOO OOOOOOOOOOOOOOOOOOI en LL en 0 0 Q a 55 C 2 en ctl 0 Ectl 0 en en G E m iu Q i m Q c oe CCoctl Qu ctl ctl CO OQ Q 5 0 Q u E Q c o EEoQ m g ill en E Q ctl Q 0 o c Q Q ctl M 000 en CO E Q O c C Q Q Q I 1 ctlEQ 0 0 C 0 I iQE S Q E e c S o W Q E E U2 o oQ 01 OO E en ctlo ctloQ oc octlen oen ctl t c c tj 2 ctl en Q en 5 c Q t g c c e gg UI E Q al en Q J j U i5 55 U 0 ctl 5 m c Q J j 0 00 c j 1 mg 0 ctl oenen o o Q ooenQ oo Q Q m i O i5g ctl 5 55 enfal S ctl Q EQ oQ cQ cc coo cQ I E Q O cc Q 5 0 o u E 5 Q Q 5 91 to Q 0 0 0 u V en 1 jen Q Q Q o tOOc0i5 O E e i i U C s j OOiIOO i U I IG8 iE c 8I i EI ctl c 0 E c m x en E Q 00 C 0 ctl Q Q z 0 s s ctlctl I i5 EO Q Q s Eenc oB C j I IDQ m 8 ID 8 s ffi j E 7a7a z z ffii i Qj 11l S Qjg 5 g 5 cS O C Q ill Q o Q E 0 00 C VJ Q t ctl 0 0 0 c 0 u C en en en 0 Q Q ffi 0 E l 0 g I Cii 0 Q Q ft 0 s ffi s 0 co 00 Q en en Q EE oUenE Q Q s ooo 00 en en Eten Q C CO CooooenenO LLQ ctlQ ooo o oooenl1lctlQ o ctlctlQ oooooo o zzzzzzo 0000000000000000001 11a t gJ g gs e S5 Q 0 as Ol 0 J m s 5 tl co o o C J tl 0 C Q c c 0 Q Cil Ci5 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO t as t fi 0 I 0 I 0 0 0 0 0 0 0 I I 0 0 0 0 0 r 0 C I I 0 0 0 0 I I r 0 0 0 CO CO 0 r to I o C I I t o I 0 CO N r M M as f I W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C I N fi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t CO r 0 fi 0 I 0 I 0 0 0 0 0 0 0 I I 0 0 0 0 0 r 0 C I I 0 0 0 0 I I r 0 0 0 CO 0 r to I O C I I t O I 0 CO N r M M as f I fi I 0 d d cD 6 en en uJ J Z d J N CfJ W W I I 0 a w N N Q C c ctl C Q Q c Q C t E 0 S c Q Q l Q c a 0 E c 0 Q fO 1ii 0 0 g E 0 c j 0 Q C3 Q jj E Q 0 c 1i5 1ii J Q ctl Q jj c II E 0 Cl 0 c ctl I C Q 1i5 C ctl c c C U C E C 0 0 ctl ctl Q Q c U a c g a CfJ 0 II f 0 C l 0 ctl e c Q C U c j 0 0 C3 0 g 0 t 10 0 C J 2 J 1ii 0 Q E l 0 w E c II 1i5 ij 3 E Q 0 l ij c 1ii c 0 1 E 1ii CfJ ctl N c ctl 0 Q 0 l J 0 0 t a c ij i Q III II Q 9 J T 1i5 ctl C c l 5 U c c III l ctl Q Q 0 j ij 0 l l Q j c l II c ctl 9 1 E I 0 I 0 ctl ctl 1ii E I ctl c II 0 J CfJ C l a II Q 0 g c Q 0 a Q 15 J i i Q c c j l 0 ctl CfJ 1i5 0 en x c c 0 ctl C 0 c ctl C 0 U 0 s c Q s c C J Q 0 3 0 l 0 0 ctl Q1 C 5 0 Q ctl 0 ij j Cti c Cti c j en E 5 c C c c j E c C c I 0 c ctl J c C3 i 0 c 1 Q c p 0 0 C 1i5 Q 0 t Ql c iii j ctl ctl ctl J c c c 0 C3 c 0 I I J aO q gJ 8 6 Q a Q5 Ol 0 l co s 0 Ol 00 o o C J Ol 0 Q c c 0 Q 1 Ci5 11 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Mayor City Council FROM Todd Gerhardt City Manager DA TE 6 June 8 2009 SUBJ Commission Interviews At the May 26th work session the City Council interviewed Colleen Dockendorf and Cara Kail for positions on the Environmental Commission As you may recall there were three vacancies on this commission each for a 3 year term Incumbent Bill Fouks applied and was reappointed on March 23rd Donna Trester Kroll also interviewed back in March but the City Council chose to delay the appointment until the vacancies were re advertised Attached please find the application forms for all three candidates and the City Council should discuss which two should be appointed to three year terms on the Environmental Commission ATTACHMENTS 1 Commission Applications 2 Memo from Jill Sinclair dated May 26 2009 Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 12 APPLICATION FOR CHANHASSEN CITY COMMISSION COMMISSION DESIRED bv oTllJ1eJ1 M ALTERNATE Date S oJ u l 7 City ofChanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Name gllttv 7 ckel1dvrf Address 20 f ak nJ f y l tfyJ1 l 1 sr711 HomePhone 99 tf7J IfI WorkPhone rJ t f1 2 IJ9 CeUPhone 7 J cJ 33 Email 1 t I tttl drJLk P1d4rPrYlil1ltJtJ1 I14 J No of Years in Chanhassen 9 r 11 1 Highest Level of Education Attained Plus Degrees if any 11 4 EmploymeniHistory State position employer and brief description of duties 1 t tlulJl UL k l L t fM j duJ4L Specjfic QualiflCationsJor t e Position L t j t t f A8 1 jhCffl L U 13 APPLICATION FOR CHANHASSEN CITY COMMISSION COMMISSION DESIRED l v o m t v 6 J ALTERNATE Date 13 1 1 J f City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Name r D rcv k l REGEIVED Address d I B 1 p e sf APR t 5 2009 Home Phone otS Z 2 rrsL c 1rork Phone Cell Phone CITY OF CHANHASSEN Email C 11 rccKCl @ YIca I n e f No of Years in Chanhassen HighestLevelofEducationAttained PlusDegtees lfany loLv I IfnYI I t Y el dte I 0 Empl ment History State position employer and brief descr tion 0 duties 1 fj I ci 0 J J c f o V t oJ t iV vt yy e t P X c cJ 0 cJ V 8 l f D S x f roY l Q D cA Y A3 o 11 t ACffi r i HX CO J Q l pillS r rovrY Activitie and1fflliations Inc Ude elective offi honors and reCl cnitions rec ived o if an Mt Y Y Z QY tCL l Ol e O L 7xeCl JIVf f2xJo xcl Ct c f ec 1Q lYlbRr 0 Reasons orSee ing th Position C Hap v I 1 1 loA c J tY l YC j YPe s VY CAll 2 JIL l tit eJ I t e E ckr1S i IN e l JQ 10 II CD c uYl f XYYI J oJ n t Q I ri I ft 0 fY of 1 Q r l re Pr1 te l2 f Q i J 1 0 VY Ly t Y 1 u J l A J 0 1 th CA l 1 v L U tv L l en h evVl CL VY J Q v Y NV UY Atu e C 2 LO C u 1 Y 1olC l d lf V tn m y lk rr eJCt2P u J I Il I b II I e ca nc W QJo 1 OfV Q e WD O tJ2 o C recd LYIS ltlL tl CCrYlrY I S IOl Specific Qualifications or the Position 4 p L rl i OQ rur f U lo Cbfe c 4y to two VE j t or4o vct LLk o o COXY1rY l iOY t U l L t e e nYIIO f KNl rJ je J0 llir M 1 0 1 C CX YY l V Lh 1 r e LC b DY I I n vOl vt I Y Q S JU I 1 rCLJ L 17 l 0D t J IJ D epo Q Clv t i V tW O t C ud t l l L 1 S I 0 i vel 0 14 c 1 c f i v II J 01 lA i V V rr L V V I v J l db te I lV OJT L L U U l b tA JJl t V i i 1 J S Z A lr YVlV re1 Ll Jo cULYe A to n cL yQ t 1 vlP V I t Y b 6 u f Lect c OrY A1 LLl L ViCe v Y D n GL L 0 re5ulo tofV J 0l U VUL Rr t Qe S d XU SJtVYCv ll DX ol eC0Yel Gf 0c t c t la l l cL ScJl let ul o b 1z IJ OSa J c f 15 APPLICATION FOR CHANHASSEN CITY COMMISSION COMMISSION DESIRED tnV f Ofirne n c J ALTERNATE Date d 3 0 1 City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 Name Done r ester 1 011 Address l lO Fox Pc t h HomePhone 15 401 3186 Work Phone CeUPhone is 2 Kei uqS E11UliI dono res L roll@ msn COrY No of Years in Chanhassen 11 Highest Level of Education Attained Plus Degrees ifany B A Ge l mc tn Studies g 5 PhyslCcd lhe ctPJ Employment History State position employer and brief description of duties r l Vo f Ked rom G81 uV1 il GGt QS 0 PhySi c 1 eY c plS 1 0 Fa irv euJ B cispjh J St t I Yl h C1m I CICIo TO Gq r Q Jso l JpefV1 S ed s x c lhrC 4 f k sf nLe qq 1 J h o e bee n CL S Q c j hOY l le mom Activities andAffilialions Include elective offices honors and recognitions received if any r h d been ex fl erY loer of A me cn AySfCc J lJ e rOP 1 AS J l c h cV lJ Ite W I cHe e m s L 1c v e e t eel q hvd oJ e wWG 0Yne l cJ r a eS hCtve b ee Y Q CW b r of ePfa c h b j C eC J V0c 4r A ko Cuv d bc h h Wc cl je a od l CLl t v v ds C 60p ReasonsforSeekingthisPosition L Q lY Q s roY Cj c d vocc e 0 C f I onl Y en f e La Ll S es 4 nd wotJd liKe 0 see the c ihJ of V nq e I he c e c d e r Q Q J r e e 0 i SpecifIC QualifICations for the Position T K eef tv r e n r c d c b y e c Gt c nV ronY e iS Ll S IOLc V d nQ J iol yw de b j re GdiY CV d enns tl f orVV c Hc 1 o v Y I1f A H OU SOv Ll5 rtECEIVED FEB 1 3 2009 CITY OF CHANHASSEN r t tK SIGNATURE 16 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 111 0 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 cnannassen mn us MEMORANDUM TO Todd Gerhardt City Manager FROM Jill Sinclair Environmental Resources Specialist DATE May 26 2009 SUBJ Appointments to the Environmental Commission REQUESTED ACTION The Environmental Commission recommends that the City Council appoint Colleen Dockendorf and Cara Kail to the Environmental Commission for terms expiring March 31 2012 DISCUSSION Two seats on the Environmental Commission expired on March 31 2009 and the incumbents chose not to re apply therefore leaving two vacant positions In March the commission interviewed Dona Trester Kroll On May 12 2009 the commission interviewed one applicant Cara Kail and received written responses to interview questions from another Colleen Dockendorf The commission recommends that Cara and Colleen be appointed to the commission Chanhassen is a Community for life Providing for Today and Planning for Tomorrow 17 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES MAY 26 2009 Deputy Mayor Tjornhom called the meeting to order at 7 00 p m The meeting was opened with the Pledge to the Flag COUNCIL MEMBERS PRESENT Deputy Mayor Tjornhom Councilman Litsey Councilwoman Ernst and Councilman McDonald COUNCIL MEMBERS ABSENT Mayor Furlong STAFF PRESENT Todd Gerhardt Elliott Knetsch Laurie Hokkanen Paul Oehme Todd Hoffman and Kate Aanenson PUBLIC ANNOUNCEMENTS Deputy Mayor Tjornhom presented a Certificate of Appreciation to Dan Campion for his public service on the Park and Recreation Commission and a Maple Leaf Award to Ron Olsen for his public service on the Environmental Commission CONSENT AGENDA Councilwoman Ernst moved Councilman Litsey seconded to approve the following items pursuant to the City Manager s recommendations a Approval of Minutes City Council Work Session Minutes dated May 11 2009 City Council Verbatim and Summary Minutes dated May 11 2009 Receive Commission Minutes Planning Commission Verbatim and Summary Minutes dated May 5 2009 Park and Recreation Commission Verbatim and Summary Minutes dated April 28 2009 Resolution 2009 41 b Sealcoat Project 09 05 Approve Quotes c Dell Road Mill and Overlay Project Approve Joint Powers Agreement with the City of Eden Prairie Resolution 2009 42 d Gateway North Project 06 10 Accept Streets and Utilities Resolution 2009 43 e Public Works Salt Storage Facility Approve Quotes f Lake Minnewashta Fireworks Committee Approve Fireworks Permit for July 4 g Ambrosen Senn Hardcover Surface Variance Approval of Time Extension to Remove and Revegetate Area and Submittal of As Built Survey 18 City Council Summary May 26 2009 h Chanhassen Rotary Club Approval of Temporary Consumption and Display Permit Community Bank Customer Appreciation Celebration July 2 Resolution 2009 44 i Tax Forfeited Lands Approve Purchase of Lot 643 Carver Beach Lot 673 Carver Beach Outlot A Country Oaks and Outlot C Mission Hills Resolution 2009 45 j Resolution Accepting the Donation of the Veterans Monument from Chanhassen American Legion Post 580 All voted in favor and the motion carried unanimously with a vote of 4 to 0 VISITOR PRESENTATIONS None LAW ENFORCEMENT FIRE DEPARTMENT UPDATE Lt Jim Olson informed the council of some recent burglaries that have occurred over the past month strongly encouraging residents to close their garage doors and lock their doors He also discussed a problem around the metro area with thefts of expensive alcohol from liquor stores and asked motorists to slow down with school ending soon for the summer Councilman Litsey asked for an update on the school liaison position beginning in the fall when the new high school opens Chief Geske was on a call with the fire department 7470 CHANHASSEN ROAD APPLICANT OWNER JOHN COLFORD APPEAL DECISION OF THE ZONING BOARD OF ADJUSTMENTS AND APPEALS REGARDING MULTIPLE DWELLINGS ON A SINGLE LOT ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL RSF Kate Aanenson presented the staff report and Planning Commission update on this item Commissioner McDonald asked for clarification of when and how the two structures were built on two lots and later combined into one lot Councilwoman Ernst asked why the City does not have records of the houses being built or the two lots being combined and staff s comment regarding remodeling of the existing home The applicant John Colford explained the rationale for his proposal to reduce the number of non conforming dwelling units on the property from 3 to 2 eliminate the non conforming setback to the north and eliminate the non conforming hard cover and bring that into conformity Councilman Litsey asked the applicant if he did his due diligence with the City prior to buying this piece of property Councilman McDonald asked for clarification of the financial impact of tearing down Building B and elaborated on the applicant doing his due diligence in researching what was allowed on this property After discussion and comments from council members the following motion was made Councilman Litsey moved Councilman McDonald seconded that the City Council affirms the Planning Commission and staff s interpretation of Planning Case 09 05 for the property described as Lots 6 and 7 Sunset View Addition for the regulation regarding multiple dwelling units on a single family lot and requires the applicant to remove buildings A and B in order to build a larger dwelling unit and combine Lots 6 and 7 into a single zoning lot All voted in favor and the motion carried unanimously with a vote of 4 to 0 2 19 City Council Summary May 26 2009 POWERS CROSSING PROFESSIONAL CENTER OUTLOT A BUTTERNUT RIDGE SOUTHEAST CORNER OF POWERS BOULEVARD AND HIGHWAY 212 APPLICANTS UNITED PROPERTIES LLC TIMOTHY AND DAWNE ERHART REQUEST FOR A CONDITIONAL USE PERMIT WITH VARIANCES FOR DEVELOPMENT IN THE BLUFF CREEK CORRIDOR SUBDIVISION INTO ONE LOT OUTLOTS AND DEDICATION OF PUBLIC RIGHT OF WAY REZONING FROM AGRICULTURAL ESTATE A2 TO OFFICE INSTITUTIONAL OI SITE PLAN REVIEW WITH VARIANCES FOR A TWO PHASE THREE STORY 160 000 SQUARE FOOT PROFESSIONAL CENTER UP TO A 731 STALL FIVE LEVEL PARKING RAMP AND SIGNAGE Kate Aanenson presented the staff report and Planning Commission update on this item Bill Katter with United Properties provided background information on United Properties and their plans for this development Councilman McDonald asked if the plans would change for a corporate use rather than Fairview Southdale Hospital Councilman Litsey asked for clarification about how the mitigation plan for the Bluff Creek Overlay is going to accommodate the storm water runoff Deputy Mayor Tjornhom asked staff to discuss how the city is encouraging developers to use green building rating standards provided by the Leadership in Energy and Environmental Design LEED in their design and construction Deputy Mayor Tjornhom opened up the meeting for public comment No one spoke After councilmember comments the following motions were made Councilman McDonald moved Councilwoman Ernst seconded that the Chanhassen City Council approves the Rezoning of Lot 1 Block 1 from Agricultural Estate District A2 to Office Institutional District OI All voted in favor and the motion carried unanimously with a vote of 4 to 0 Councilman McDonald moved Councilwoman Ernst seconded that the Chanhassen City Council approves the Conditional Use Permit with Variances to encroach into the primary zone and required buffer for development in the Bluff Creek Corridor subject to the following conditions 1 The property line may be revised to incorporate the reconveyed property from MnDOT to the developer 2 The developer is encouraged tomeet design and construction standards that would lead to at a minimum certification by the Leadership in Energy and Environmental Design LEED Green Building Rating System by the U S Green Building Council or comply with the Minnesota Sustainable Building Guidelines MSBG 3 To mitigate for the effects of development within the primary corridor the developer should be encouragedto meet green construction standards for the whole site 3 20 City Council Summary May 26 2009 4 All openings created in the wooded areas on the east and south sides of the development shall be reforested with native tree species Planting stock sizes may be variable Species selected must be from the Bluff Creek Management Plan native plant list These areas shall not be mowed or managed as turf areas 5 Evaluate other site designs stormwater management techniques and low impact development practices for their benefit in reducing impacts to the primary and secondary zones of the Bluff Creek Overlay District 6 Reforest those areas disturbed to grade the site but do not have structures on them The reforestation should be done with deciduous tree species representative of the existing species composition The forested areas are dominated by bur oak 7 Maintain the natural drainage patterns 8 The applicant must clearly illustrate how impacts to the primary zone are to be mitigated This mitigation must consider all benefits derived from the primary zone as described in Article XXXI of the Chanhassen City Code 9 The area east of Lot 1 within Outlot A within the primary corridor of Bluff Creek shall be covered by a conservation easement This easement shall restrict activities within the area and prohibit any development The City shall have final approval of the easement restrictions Any wetland mitigation activities that are required within this area shall have final approval by City staff No additional activities shall be allowed within this area and access to the mitigation site shall be the existing path 10 The wooded areas of Lot 1 and Outlot B within the Bluff Creek primary zone shall be covered by a conservation easement that restricts specific activities and prohibits any further development within the area All voted in favor and the motion carried unanimously with a vote of 4 to 0 Councilman McDonald moved Councilwoman Ernst seconded that the Chanhassen City Council approves the City Council approves the Subdivision Preliminary Plat creating one lot two outlots and dedication of public right of way plans prepared by Westwood Professional Services Inc dated April 1 2009 subject to the following conditions 1 The developer shall either dedicate donate an Outlot or record a conservation easement containing the Bluff Creek Primary zone north of the road right of way in Outlot A This area of Outlot A is undevelopable and the land within the conservation easement could not be used in future phases for density transfer purposes A conservation easement shall be recorded over the Bluff Creek Primary zone located within Lot 1 and Outlot B This easement shall restrict activities within the area and prohibit any development The City shall have final approval of the easement restrictions The easement shall be recorded with 4 21 City Council Summary May 26 2009 the first phase of the development 2 Submit proposed names for street labeled Access Road on plans for approval 3 The drainage report and plans must be revised to address comments from MnDOT 4 The applicant must obtain a MnDOT drainage permit 5 The drainage report and plans must be modified so that the peak discharge rate to the off site wetland does not increase under fully developed conditions 6 The plans must be revised to provide either an overland emergency overflow or an additional outlet control structure at a higher elevation 7 The developer must submit a letter from an engineer stating that the retaining wall east of the building can accommodate temporary ponding behind the wall 8 The alignment of the bypass storm sewer pipe must be redesigned to eliminate excess cover over the pipe 9 If MnDOT allows a connection to the Highway 212 storm pipe then show the existing pipe on the plan sheets 10 Building permits are required for retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota 11 A manhole must be installed at the terminus of the sanitary sewer 12 All sanitary sewer and watermain within Lot 1 Block 1 shall be privately owned and maintained 13 The storm sewer that will convey runoff from the drainageway to the east of the property shall also be privately owned and maintained including those portions that lie within public right of way and the City owned outlot 14 The 20 foot wide drainage and utility easement shown on the preliminary plat over this storm sewer must be deleted 15 Delete the 20 foot wide drainage and utility easement for the future watermain 16 Provide a temporary blanket drainage and utility easement or similar mechanism acceptable to the Cityover the proposed forcemain corridor The temporary easement shall not encroach into the building envelope as shown on the site plan 17 A permanent 20 foot wide easement will be required over the final forcemain alignment 5 22 City Council Summary May 26 2009 18 Each new lot will be subject to the sanitary sewer and water hookup charges These fees will be collected with the building permit subject to the rates in effect at the time of building permit and shall be based on the Metropolitan Council Environmental Services SAC unit determination 19 All of the utility improvements are required to be constructed in accordance with the City s latest edition of Standard Specifications and Detail Plates The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval 20 All public utility improvements will require a preconstruction meeting before building permit issuance Permits from the appropriate regulatory agencies will be required including the MPCA Department of Health Carver County and Watershed District 21 Upon project completion as built drawings must be submitted for the private utilities 22 The developer must ensure that all traffic study data is provided to Carver County for their review and must incorporate Carver County and MnDOT s comments into the plan 23 An updated traffic study must be submitted with Phase 2 improvements Powers Crossing s financial obligations with respect to the signal installation will be determined at that time and incorporated into the Site Plan Agreement for Phase 2 24 A temporary roadway drainage and utility easement must be provided over the cul de sac at the east end of the access road 25 This property is subject to the Arterial Collector Fee which is 3 600 per developable acre The acreage used in this calculation shall include the right of way turnback from both Highway 212 and Powers Boulevard This fee shall be paid in cash with the final plat 26 The RIM and Flowage Easements need to be indicated on the plat This should include the document number 10 05 87 1 27 The wetland mitigation area in Outlot A needs to be created A Declaration of Restrictions and Covenants needs to be executed and recorded with Carver County This document number needs to be included on the plat 28 The remaining conditions of approval for WAP 2006 32 need to be met a The plans shall be revised to show how M 1 will be accessed The access route shall be stable shall avoid damage to significant trees greater than 10 DBH and shall avoid impacts to natural drainageways and any jurisdictional wetlands that may exist on site that were not delineated by Westwood Professional Services in August 2006 6 23 City Council Summary May 26 2009 b A planting plan for M 1 including invasive vegetation management techniques species to be planted proposed planting rates and the approach to upland buffer restoration shall be submitted prior to final City Council approval c The applicant shall submit a letter of credit equal to 110 of the cost of the wetland creation including grading and seeding to ensure the design standards for the replacement wetland are met The letter of credit shall be effective for no less than five years from the date of final plat approval The applicant shall submit a cost estimate for wetland creation including grading and seeding so the City can calculate the amount of the wetland creation letter of credit d A five year wetland replacement monitoring plan shall be submitted The replacement monitoring plan shall include a detailed management plan for invasive non native species particularly hybrid cattail purple loosestrife and reed canary grass The plans shall show fixed photo monitoring points for the replacement wetland The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland 29 The legal wetland boundary of the RIM wetland was not delineated in the Westwood Wetland Delineation Report dated August of 2006 This boundary must be delineated and wetland impacts avoided where possible 30 Because of the perpetual RIM and flowage easements the plans must be provided to the Natural Resources Conservation Service for review and comment Any comments from the NRCS must be made available to the City 31 Drainage to the RIM wetland from the south flows through a defined swale The conveyance of this flow must be maintained under the proposed road extension 32 Erosion Control plan needs to be updated per the July comments a Show a 75 foot rock construction entrance b Show rounding of corners for proposed grades c Erosion control blanket shall be shown on all slopes east of the proposed building and adjacent to the pond d An NPDES permit must be obtained prior to any site grading and a SWPPP must be provided to the City for review and comment e Replace MnDOT 340 mix with a modified BWSR U7 seed mix 33 Estimated SWMP fees due at the time of final plat are 271 506 20 34 The development must comply with Carver Soil and Water Conservation District comments 35 All openings created in the wooded areas on the east and south sides of the development shall be reforested with native tree species Planting stock sizes may be variable Species selected 7 24 City Council Summary May 26 2009 must be from the Bluff Creek Management Plan native plant list These areas shall not be mowed or managed as turf areas 36 The following practices are required in order to insure the best chance of survival for the highlighted oaks to be preserved along the east side of the development a Understory trees near the oaks shall be preserved b Roots at the grading limits shall be cut cleanly with a trencher or vibratory plow c Tree preservation fencing shall be installed prior to any grading d Trees shall be thoroughly watered during dry periods 37 The applicant shall install a second tier to the retaining wall at the north end of the east side of the development to preserve the grade surrounding the oaks proposed to be saved 38 Tree preservation fence shall be installed at the edge of the grading limits prior to any construction Fencing shall be in place and maintained until all construction is completed 39 Any trees removed in excess of proposed tree preservation plans dated 10 06 08 will be replaced at a ratio of 2 1 diameter inches 40 All trees removed shall be chipped or hauled off site No burning permits shall be issued 41 The developer shall pay the full park dedication fee in force at the time of final plat approval and prior to recording 42 Construction of the 10 ft wide bituminous access road trail and the North Trail The North Trail plans shall be modified dedicating a permanent 20 foot wide trail easement to allow for appropriate separation from adjoining improvements and boulevard areas for winter plowing snow storage and aesthetics 43 Dedication of a permanent triangular shaped trail easement at the South East corner of Lot 1 Block 1 The triangle shall be 50 in length on its South side and 200 in length on its East side 44 The developer shall finance the cost or a portion of the 2010 MUSA trunk lift station and enter into an agreement with the City for repayment at the time of final plat All voted in favor and the motion carried unanimously with a vote of 4 to 0 Councilman McDonald moved Councilwoman Ernst seconded that the City Council approves the Site Plan with Variances for building height and Bluff Creek Primary Zone setbacks for Planning Case 08 16 for a two phase three story 160 000 square foot professional office building and up to a 731 stall five level parking ramp on Lot 1 Block 1 of the development plans prepared by Pope Associates Inc and Westwood Professional Services Inc dated April 1 2009 subject to the following conditions 8 25 City Council Summary May 26 2009 1 The final plat for the development shall be recorded prior to the issuance of a building permit 2 The full buildout is predicated upon a turnback to the land owner of MnDOT right of way In the event that this turnback does not occur the applicant may build a four story building totaling 112 000 square feet subject to parking compliance with City Code 3 The developer is encouraged tomeet design and construction standards that would lead to at a minimum certification by the Leadership in Energy and Environmental Design LEED Green Building Rating System by the U S Green Building Council or comply with the Minnesota Sustainable Building Guidelines MSBG 4 The developer shall continue the architectural detailing through the use of the three brick colors as well as the use of stone and metal on the garage structure 5 The developer shall provide secure bicycle racks and or storage within 200 yards of a building entrance for 5 or more of all building users measured at peak periods and provide shower and changing facilities in the building The developer should also provide benches throughout the site as well as tables and chairs in the patio area 6 The buildings are required to have an automatic fire extinguishing system 7 The plans must be prepared and signed by design professionals licensed in the State of Minnesota 8 Accessible routes must be provided between commercial building s parking facilities and public transportation stops 9 All parking areas including parking structure must be provided with accessible parking 10 The developer shall comply with the minimum parking setback requirement and install appropriate berming and or landscaping to allow the 10 feet setback 11 Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction 12 All openings created in the wooded areas on the east and south sides of the development shall be reforested with native tree species Planting stock sizes may be variable Species selected must be from the Bluff Creek Management Plan native plant list These areas shall not be mowed or managed as turf areas 13 The applicant shall install a second tier to the retaining wall at the north end of the east side of the development to preserve the grade surrounding the oaks proposed to be saved 9 26 City Council Summary May 26 2009 14 The applicant does not meet required landscape quantities for parking lot trees and islands peninsulas in both phases The applicant must meet minimum requirements for parking lot trees and landscape islands peninsulas 15 Phase I The applicant does not meet minimum requirements for either of the bufferyard areas The applicant shall revise the landscape plan to meet minimum requirements 16 Phase II The applicant does not meet the minimum requirements for bufferyard areas The applicant shall increase the plantings to meet minimum requirements 17 The applicant must replace the Colorado spruce with other approved species in the plant schedule 18 All transplanted materials must be pre approved by the City Transplanted trees will not be accepted if substituted without City approval If approved for transplanting the material must be warranted for a minimum of one year If transplanted materials die they must be replaced with nursery stock 19 Tree preservation fence shall be installed at the edge of the grading limits prior to any construction Fencing shall be in place and maintained until all construction is completed 20 Any trees removed in excess of proposed tree preservation plans dated 04 01 09 will be replaced at a ratio of 2 1 diameter inches 21 All trees removed shall be chipped or hauled off site No burning permits shall be issued 22 The North Trail plans or parking lot design shall be modified to allow for appropriate boulevard areas for winter plowing snow storage and aesthetics 23 A 3 foot clear space must be maintained around fire hydrants and nothing shall be placed in front of the hydrant outlets connections fire protection control valves that would interfere with fire fighter operations Section 508 5 MN Fire Code and Sec 508 5 4 24 No burning permits shall be issued for trees to be removed Trees and shrubs must be removed or chipped on site 25 Contact the Chanhassen Fire Marshal for locations of No Parking Fire Lane signage and locations of curbing to be painted yellow MN Fire Code Sec 503 3 26 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 the time of construction except when approved alternate methods of protection are provided MSFC sec 501 4 27 Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be serviced so as to provide all weather driving capabilities MSFC 10 27 City Council Summary May 26 2009 Sec 503 2 3 28 Due to the unknown timeframe associated with the signal installation an updated traffic study must be submitted with Phase 2 improvements Powers Crossing s financial obligations with respect to the signal installation will be determined at that time and incorporated into the Site Plan Agreement for Phase 2 All voted in favor and the motion carried unanimously with a vote of 4 to 0 Councilman McDonald moved Councilwoman Ernst seconded that the City Council approves a sign size Variance request to permit an eight 8 foot tall sign with up to 64 square feet of sign display area subject to the following conditions 1 Separate sign permits shall be required for each sign 2 The development name in the monument sign shall be individual dimensioned letters with a minimum inch projection 3 Only one monument sign shall be permitted for the Powers Crossing Professional Center site 4 The sign height for the directional signs shall be reduced to five feet The display area for sign 2 shall be reduced to four square feet 5 The sign location shall meet all setback and site triangle requirements All voted in favor and the motion carried unanimously with a vote of 4 to 0 Todd Gerhardt recognized Tim Erhart for his vision with this site COUNCIL PRESENTATIONS Council members commented and thanked all those involved with the Veterans Monument dedication ceremony which was held on Memorial Day especially thanking Todd Hoffman and Mark Undestad for their leadership with the project ADMINISTRATIVE PRESENTATIONS Todd Gerhardt asked Elliott Knetsch the City s prosecuting attorney to provide an update on the prosecution contract and services over the past year CORRESPONDENCE DISCUSSION None Councilwoman Ernst moved Councilman Litsey seconded to adjourn the meeting All voted in favor and the motion carried unanimously with a vote of 4 to 0 The City Council meeting was adjourned at 8 50 p m Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 11 28 CHANHASSEN CITY COUNCIL REGULAR MEETING MAY 26 2009 Deputy Tjornhom called the meeting to order at 7 00 p m The meeting was opened with the Pledge to the Flag COUNCIL MEMBERS PRESENT Deputy Mayor Tjornhom Councilman Litsey Councilwoman Ernst and Councilman McDonald COUNCIL MEMBERS ABSENT Mayor Furlong STAFF PRESENT Todd Gerhardt Elliott Knetsch Laurie Hokkanen Paul Oehme Todd Hoffman and Kate Aanenson PUBLIC ANNOUNCEMENTS Deputy Mayor Tjornhom Thank you and for those watching at home and in the audience you are in the right spot and you re on the right channel I am Bethany Tjornhom filling in for Tom Furlong tonight He had a family emergency and could not make it So getting on with the agenda public announcements We have the presentation of commission awards for public service PRESENTATION OF COMMISSION AWARDS FOR PUBLIC SERVICE Deputy Mayor Tjornhom Tonight we ll be awarding Dan Champion and Ron Olsen So if we can have Dan Champion come Dan Champion has worked as a Park and Recreation Commissioner for 2 years beginning in April of 2007 In 2005 Dan and his family relocated to Chanhassen from California and immediately were impressed with the people and the amenities in the area With a desire to contribute towards keeping the good things going Dan ought out a position on a city commission During his tenure on the Park and Recreation Commission Dan helped guide significant expansions in the city s park and trail system including 4 miles of new trails associated with the Highway 212 project The new Lake Ann Park pavilion shelter and the Kerber Pond Park stormwater improvement project Dan was a pleasure to be around and his leadership and guidance will be missed as the city moves forward in developing it s parks trails and recreational programs also thank you for your service and time in leaving your little girl I know our parks and trails we ll be thinking of you and we appreciate your service Next we d like Ron Olsen from the Environmental Commission Ron Olsen was appointed to the Environmental Commission in 2002 He served as the Chair of the commission for most of his second term and brought passion dedication and humor to the commission I love that During his 7 years the commission accomplished a number of projects which included the research of solar water heaters and green construction Chanhassen Day at the Arboretum and the landscape class series at the Arboretum Environmental Excellence Awards and the annual city Arbor Day th events and participation in the 4 of July parade A job well done Thank you once again for your service 29 Chanhassen City Council May 26 2009 Ron Olsen Thank you CONSENT AGENDA Councilwoman Ernst moved Councilman Litsey seconded to approve the following items pursuant to the City Manager s recommendations a Approval of Minutes City Council Work Session Minutes dated May 11 2009 City Council Verbatim and Summary Minutes dated May 11 2009 Receive Commission Minutes Planning Commission Verbatim and Summary Minutes dated May 5 2009 Park and Recreation Commission Verbatim and Summary Minutes dated April 28 2009 Resolution 2009 41 b Sealcoat Project 09 05 Approve Quotes c Dell Road Mill and Overlay Project Approve Joint Powers Agreement with the City of Eden Prairie Resolution 2009 42 d Gateway North Project 06 10 Accept Streets and Utilities Resolution 2009 43 e Public Works Salt Storage Facility Approve Quotes f Lake Minnewashta Fireworks Committee Approve Fireworks Permit for July 4 g Ambrosen Senn Hardcover Surface Variance Approval of Time Extension to Remove and Revegetate Area and Submittal of As Built Survey h Chanhassen Rotary Club Approval of Temporary Consumption and Display Permit Community Bank Customer Appreciation Celebration July 2 Resolution 2009 44 i Tax Forfeited Lands Approve Purchase of Lot 643 Carver Beach Lot 673 Carver Beach Outlot A Country Oaks and Outlot C Mission Hills Resolution 2009 45 j Resolution Accepting the Donation of the Veterans Monument from Chanhassen American Legion Post 580 All voted in favor and the motion carried unanimously with a vote of 4 to 0 VISITOR PRESENTATIONS None LAW ENFORCEMENT FIRE DEPARTMENT UPDATE Lt Jim Olson Thank you Vice Mayor or Deputy Mayor and council Before you this evening I ve got my packet in which I have the sheriff s office area report for the month of April The citation listing the community service officer report and I also have a couple of other items of interest that I d like to speak about Any questions at all with reference to my area report for the 2 30 Chanhassen City Council May 26 2009 month Okay I want to talk briefly about a burglary that we had earlier in the month of May There was a burglary in Longacres and thanks to quick thinking and actions by the adult son of the homeowner as well as some good police work by Deputy Ryan Thiel we were able to arrest the suspect that same day This was a crime of opportunity The suspect was out driving around looking for a place to burglarize He drove through this neighborhood Went past this house and suddenly he stopped So what was it about this house that caused him to stop at this particular house The garage door was open There weren t any cars in the driveway or the garage and it looked like there wasn t anybody home He checked the door Or excuse me he rang the door bell and nobody came to the door at all He checked the door and found it unlocked He opened it went inside and went upstairs and started going through some drawers Somebody was home though The adult son was downstairs and he was busy and did not answer the door bell when it rang The son heard him upstairs and ran upstairs and confronted the homeowner as he was going through some drawers The suspect gave a story of looking for his dog and left The son followed him outside and gave us a very good description of both the vehicle as well as the suspect and that helped us to arrest him We were fortunate that nobody was hurt in this incident There wasn t any kind of a physical altercation or anything and the suspect did leave First off I want to thank the victim for his quick thinking and actions It worked for him and it worked for us but I have to caution people about confronting burglars in their home I would hate to see somebody get hurt because of possessions Stuff can be replaced so you know everybody needs to make that decision on their own but going outside and giving us a call by phone is always a good option as well And I know I sound like a broken record with this but I strongly recommend and encourage residents to close your garage doors lock your doors Help us to help you You know again this was a crime of opportunity He was driving around looking for a place he could hit He found this one and he chose this one because of those things I talked about earlier Help us to help you The second thing I wanted to talk about was we ve been having a problem around the metro area with thefts at expensive alcohol from liquor stores In fact the Villager ran a story on this a couple weeks ago Detective Bob Zydowsky through some good police work was able to identify and charge two more people involved in stealing alcohol from one of our businesses These thefts have been a problem for our business owners These types of crimes are priority for us and we will do everything we can to charge and or arrest the people involved It s important for people to know that Last thing I want to talk about finally school is almost out and I would ask that motorists be careful when they re driving through neighborhoods The children are out and about and we have put quite a few pedestrians and bicyclists with this nice weather that are out on the roadway Slow down a little bit when you re driving through some neighborhoods Are there any other questions for the sheriff s office at all Deputy Mayor Tjornhom Does the council have any questions Councilman Litsey I just had one on the school liaison position Lt Jim Olson Yes sir Councilman Litsey The City s going to be partially funding that starting school year this fall Lt Jim Olson Yes 3 31 Chanhassen City Council May 26 2009 Councilman Litsey How s that progressing and how s that going to be implemented Lt Jim Olson It s progressing very well We ve been meeting with them monthly Putting that plan into place Detective Bob Zydowsky will actually be our school resource officer that will be taking over there We have chosen a new detective that will be in the city and that will be actually Deputy Ryan Thiel Ryan was involved with catching the burglar that I just talked about He s been around for 4 years working the city of Chanhassen and does a wonderful job We get a lot of very positive comments as well as the City gets a lot of positive comments about him too so he will be one that will be taking over Detective Zydowsky s job Councilman Litsey No that s great to have a seasoned person in that position to start it off right and I think it s going to be a great position so I m looking forward to hearing how it works out so thanks for your efforts on that Lt Jim Olson Absolutely thank you Deputy Mayor Tjornhom Any other comments or questions Alright thank you so much Lt Jim Olson Thank you Have a good evening Deputy Mayor Tjornhom And Chief Geske will not be here tonight The fire department is on a call so we will hear from him next time 7470 CHANHASSEN ROAD APPLICANT OWNER JOHN COLFORD APPEAL DECISION OF THE ZONING BOARD OF ADJUSTMENTS AND APPEALS REGARDING MULTIPLE DWELLINGS ON A SINGLE LOT ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL RSF Kate Aanenson Thank you This application appearing before you tonight is actually an appeal of an administrative decision So the applicant requested a different interpretation from the staff so therefore the Board of Adjustment the Planning Commission acting as the Board of Adjustment made a recommendation to you regarding the interpretation of the ordinance On th May 5 the Planning Commission held a public hearing and voted 5 to 1 to affirm the staff s interpretation regarding multiple dwellings on a single lot The Planning Commission did discuss non conformity of two dwelling units on the lot by increasing the square footage or adding to the site and they did spend quite a bit of time taking public comment regarding this issue Currently Lot 6 and 7 which I ll show you in a moment are under one single PID However staff was unable to document the combining of these two for zoning law purposes Several of the residents that spoke at the public hearing were in favor of removal of the main house and the construction of the new house Although they were concerned about rental Continued rental of the structure So with that I ll go through the request in itself Again this isn t a variance It s an appeal of an administrative decision The applicant at 7470 Chanhassen Road which is Lot 6 and 7 of Sunset New Addition So there are two homes on the lot which I ll show here Currently Most of these lots most of these homes are rental There s two rental units in the larger house One on the first floor and one on the lower level and then the second 4 32 Chanhassen City Council May 26 2009 rental unit All of the structures including the garage are non conforming by the fact that one by the fact that they are don t meet the setback requirements And two that there s more than two structures on the lot This is the dashed line shows the two lots And this is the applicable regulations Again our interpretation of a dwelling unit which these both are independent units Actually there s the two and one and what would be a principle dwelling So our interpretation is if you re building a newer home than the two existing non conformities should be removed Because our ordinance says one home per lot So on this the appeal here is the request to demo the building to demo one building This is the applicant s requesting to build a new home which would be the larger of the two and he wants to maintain the smaller dwelling unit Their original request was to remove the kitchen or something that would make it non rental and the staff s opinion on that is it still has everything else and that really it still a rental unit and go ahead Deputy Mayor Tjornhom Can you designate what s Building A and what s Building B Kate Aanenson Sure I can t point to them from here but the mouse There you go Thank you That s the larger building Deputy Mayor Tjornhom That would be demoed Kate Aanenson Yes Deputy Mayor Tjornhom Okay Kate Aanenson And then that s the garage The smaller building is that one and then the garage is towards the front Deputy Mayor Tjornhom Okay Kate Aanenson So the applicant s requesting they keep the non conforming garage and the other building non conforming and build a larger house So I think the original applicant s interpretation is if I take out the kitchen then it s no longer a dwelling unit But really it still has everything else It s fully plumbed and heating system and the like So this was the applicant s request then to come in leave the existing structure The smaller unit on there and build a new house You know we looked at could the houses be could the lot be re subdivided to meet the ordinance It can t Even under our flag lot situation so now you have two dwelling units on one lot and that s where the staff said if you re going to re build on that that you should remove the other dwelling unit And also some of the discussion that came up at the Planning Commission was by the fact that you keep that existing home it pushes the new house this area is older Most of those houses sit up closer to the road That it also pushes the house to the north because you have to get around put the round about to get to the setback The separation between the two structures So in fact the house could move towards the center of the lot or back up the slope a little bit more so there was some discussion on that point too If everybody s tracking me on that one So again the ordinance states he has the use to remodel the existing structure The non conformity could remain if you remodeled the existing footprint The applicant is choosing not to remodel the existing footprint Wants to tear that house down and 5 33 Chanhassen City Council May 26 2009 make a whole new house so therefore that s where our interpretation that it s expanding the non conformity because they re tearing that house down Now you need to make everything correct and not have two structures on there So this would be the staff s recommendation To eliminate that non conformity And again here s the applicant keeping the existing house And then the interpretation then would be the city would affirm the Planning Commission s interpretation of the case and the interpretation is that you d have multiple dwellings on one single family lot so again it s not a variance for setbacks or anything It s interpretation of whether or not both of those homes having two houses on there meets that definition And again the Planning Commission recommended 5 to 1 on that I did pass out an additional letter that we received today from a neighbor McHugh s regarding the rental units So with that I d be happy to answer any questions that you have Deputy Mayor Tjornhom Questions for staff Councilman McDonald Kate I ve got a question for you If you go back to the existing drawing that shows yeah the current houses that are on there The two lots At one time then this is Lots 5 and 6 Where s the lot line Is it kind of between the two buildings Kate Aanenson Yeah that dash line Correct it s the dash line between the two Councilman McDonald Okay Kate Aanenson Right so the one structure goes over that line and so it s non conforming in both scenarios Over the setback line and then over the property line that one does correct Councilman McDonald And so then when the structures were built they were built upon two separate lots and later combined into one lot Kate Aanenson That s what there s no record of that But that would be our best assumption Councilman McDonald Okay That s all I had Deputy Mayor Tjornhom Any other questions for staff Councilwoman Ernst So Kate why so you re saying we don t have any record of it Why wouldn t we typically have a record of that Kate Aanenson Well it probably pre dates they re probably built in the you know and if they were built in the 30 s or 40 s we wouldn t have those records of when how they were combined If they were under two owners had combined those or when the houses were built Councilwoman Ernst And they don t have the documentation either Kate Aanenson No So one of the recommendations that we would have is that when the new house gets built we one of the conditions was that it be combined as one zoning lot so it s one lot 6 34 Chanhassen City Council May 26 2009 Councilwoman Ernst I heard you mention that they could remodel A recommendation was that they remodel Kate Aanenson Right the ordinance says if you have a non conformity you can maintain that non conformity so they would stay within that building envelope and that building footprint which would be remodel the existing home but that s not their desire Their desire is to build a lake home closer to the lake A larger home Councilwoman Ernst So they d remodel the existing home and then which would be is that A Is that House Kate Aanenson That s the one they would like to keep as yeah The applicant has stated that they would like to keep that home and for their purposes Todd Gerhardt Not that one The littler one Kate Aanenson The smaller one correct Yeah Smaller one And that would be removed That one would be removed Todd Gerhardt Do you have the Kate Aanenson Or the applicant s This is the applicant s request To remove that one house Move their new house closer to the lake and keep the existing smaller house Councilwoman Ernst But either way you re saying that this existing smaller house has to come off Kate Aanenson Our ordinance says you can have one principle dwelling on a lot So there s one lot and the new house would make the principle dwelling And it s because they re changing the situation Making a bigger house So now you re bringing it into conformity As I explained to the Planning Commission you have this is your opportunity to bring it into conformance So if you don t do it at this point and then it will stay there So the non conforming to address the time of non conforming is when you have a situation that you can remove it and because someone wants to tear the house down to build a new house your opportunity to remove the non conforming situation would be at this point Otherwise there would be no opportunity in the future to change that Councilwoman Ernst And I missed it Did you say the house was being rented now Kate Aanenson Yes Well I ll let the applicant address that but there is the potential licensing for 3 units One in the small and the larger house the larger house there s an upper level and a lower level There s 3 So a total of 3 on the property Councilwoman Ernst Okay 7 35 Chanhassen City Council May 26 2009 Deputy Mayor Tjornhom Alright is the applicant here Would you like to come forward Please state your name and address for the record John Colford John Colford and we bought this actually in November of 2008 I think one of the sheets said 2007 If that had happened I d be living in a new house on the property The staff s recommendation for the new house closer to the lake and elimination of the guest house or the south structure the B structure that s been appraised That s what I m trying to do and that s 200 000 under water The value that it appraises at is less than what it would cost to build So it s not really a choice of mine A bank won t lend me the money to do that and that d be relatively irresponsible to do anyway getting under water you know properties that are under water are sort of a problem now So that s not really a choice that I have That s a non starter that won t happen So the you know keeping the guest house is a way to maintain value on the property and to try and counteract or a counter balance to the under valuation of the project and to make it economically feasible The I mean you have to buy a viable rental property with 3 dwelling units that you can rent out for about 3 500 a month You have to buy that and eat the equity in 2 houses to be able to convert this to a single family dwelling zoned you know house and place And so somebody has to eat that equity and go in the hole and you know as I said I can t do it You know the bank s not going to lend me the money You know someone with a lot of money down who s willing to make a pile of cash that s 200 000 and light it on fire you know if somebody s out there who can do that you know maybe I can sell this to them but I can t The purpose of the non conformity code is to encourage the elimination of non conformities I m not sure I d use the word encourage What I d like to do what I would propose to do would be to reduce the non conforming number of dwellings from 3 to 2 I would eliminate a 2 dwelling residential building Create a residential single family detached dwelling with a single dwelling unit I would eliminate the non conforming setback to the north And I would eliminate the non conforming hard cover and bring that into conformity So yes I would like to expand the square footage of the new principle building That would be conforming in every way And somehow that s the thing that seems to be stopping this That that s intensifying the non conformity of having 2 principle dwellings Well the existing house to the south is clearly the secondary dwelling you know what I would like to make a guest house You know that s that would not change and you know the fact that that the code says not more than one principle dwelling Well I would think you would have one principle dwelling that would be conforming before you would have a second principle dwelling that would violate that code and that s all an existing non conformity here You know I think it s well intended and the neighbors have this fear and the Planning Commission has this fear that the existing house to the south B would be continued to be rented out I mean as it stands now it s a viable rental property 3 500 will cover the mortgage Cover the taxes Cover utilities Cover upkeep outside of disasters Not particularly profitable from month to month but you know you re going to come out ahead You re going to pay down the mortgage There s going to be some accrual of value When you eliminate the building A the main building the building with 2 dwelling units in it that s 2 500 of the rent You re down to 900 or 1 000 in that guest house After utilities and upkeep you re talking about 500 a month And if you put you know an 850 000 house on this you make it a 1 3 million dollar property where your principal and interest is 6 000 a month give or take a thousand depending upon where the interest rate falls Getting 500 a month from that to the south I mean that s 6 7 percent of the principal and interest payment I mean is that a viable business model I mean are you going to share your lake home 8 36 Chanhassen City Council May 26 2009 and your lakeshore with the riff raff from Craig s List and you know questionable characters I mean that s really doesn t pass the common sense test I mean that doesn t strike me as a reasonable fear If somebody buys this in 15 or 20 years is going to pay 7 figures for their lake home you know are they going to share you know are they going to rent out their guest house for a couple hundred dollars a month I think that s really unlikely and that s the fear that s driving this decision I think and I think that s an unreasonable fear And you know the proposed conditions I think that s a win for the city We re getting rid of a relatively unattractive multi dwelling rental unit It s going to be somebody s house It s going to be a very attractive house on a lake You know designed by the Alexander Design Group She s got a bunch of houses on Lake Minnetonka You know I think it s going to be a lot more tax income I mean my goodness I mean just think how much that little house the Carver County Assessor could think that that was worth and tax accordingly You know I the days where knock down s were paid for by large year after year accumulations of value you know that ship has sailed This isn t going to go up by 7 or 8 percent a year This is this property is going to go down in value over a year over the next 2 years and then it s going to stabilize for a couple years and then hopefully we real estate prices will return to moderate sustainable growth I mean this real estate bubble that makes this a viable you know makes knock down construction viable I don t see that environment returning probably I don t know a generation before we forget that lesson of history I don t know It s going to be a long time And I think you know remodeling a house that s existing that would cost a lot to remodel turning basically a duplex into a single family home You know the houses around it right now don t sell for 600 000 and 700 000 so it probably wouldn t even be worth that I m not sure that s economically feasible That s number one Number two if you remodel that house you ve got no incentive to get rid of the guest house The structure B No incentive If you ve got 900 000 you can build a house closer to the lake at the same square footage of what s allowed under the staff s interpretation you ve got no incentive to get rid of building B The only incentive is when you know someone who s going to come by and put a ton of money down and it s going to be worth a lot more than the project I proposed I m not sure that s going to happen because that would be the biggest most expensive house on the lake and it would be 2 and 3 times the value of the houses around it which is pretty hard to sustain So what you d want is probably something along the resources of what I m proposing I can handle eating the equity of one house I don t think I can handle well I m sure I can t handle I ve tried I can t handle that s not going to happen eating the equity of both houses and I would propose keeping that second house making it a guest house It s a swanky place to leave your or have your out of town friends and relatives stay It s not you know I appreciate how many problems the city and the neighbors have had with the rentals but I mean that s just not it s not a viable business model It doesn t pass the common sense test I mean I think that s an unreasonable fear If I can t make this work I mean it s guaranteed to stay rental It s guaranteed to stay a 2 or 3 dwelling rental And I think that it s going to be a persistent practical and financial barrier to the redevelopment of this lot You know this that there s no way to sort of hand onto some of the equity in the house Try and reduce I mean I ve reduced as many non conformities as I can I ve reduced the number of dwellings I ve eliminated a multi unit dwelling I ve eliminated the non conforming setback to the north Bring the hard cover into non conformity Those are the non conformities I can reduce and eliminate and still make it economically feasible You know much past that I think we re I mean I can t make it happen Can t make it happen so I mean I think this is a win It s not it s not a financially a win for me I will barely keep my value I mean I ll probably at the water 9 37 Chanhassen City Council May 26 2009 level or a little bit below it over the next couple years so this isn t a money grab on my part It s about feasibility I mean it s a perfect spot location for me For my work and I don t know Deputy Mayor Tjornhom Okay thank you very much for your are there any questions Councilman Litsey I do When you purchased this property you said it was in 2008 Not 2007 Did you do your due diligence at that time and check with the City to see what your options were in terms of how this land could be used John Colford I did I did I called the regular office and asked who could I talk to about doing this sort of thing and they sent me to the building department Not necessarily the planning department and they said an existing non conformity like that would be grandfathered in And I asked Kate Aanenson That is correct If you left it just the way it is it is correct You could remodel those two John Colford Well the way I framed it is we d like to build a bigger house near the lake and were wondering if we d be able to keep the guest house I mean I framed the question to the building department exactly like that and I was told that it was an existing non conformity and was grandfathered in Councilman Litsey But you didn t take it a step further I mean talk to the planning department or John Colford Well I mean I called the City and asked who would I talk to for you know you know who could tell me what my options were with that and they sent me to the building department as opposed to the planning department so Councilman Litsey The other thing is I can appreciate your economic considerations here but you understand that we re looking at it from what s in the ordinance and so forth and we re not here to try to make a business plan work for you We re trying to do what s right in terms of John Colford Right Councilman Litsey Okay so so it s not that I m not sympathetic to that but we have to look at it from a little different perspective obviously It just seems if you re going to be making a business decision like that perhaps you might carry it one step further and really research that out but at least you called the city That was a good thing so John Colford Yeah and I you know the ordinance that is being intensified here is discussing the number of dwellings I m reducing the number of dwellings and I m keeping the number of principle structures the same That code doesn t really describe square footage In fact there s another part of the code where square footage is specifically allowed to be expanded as long as the non conformity is not increased I believe that s sub section d Yeah Sub section d under Section 20 72 A non conforming use may be altered or expanded provided that the non 10 38 Chanhassen City Council May 26 2009 conformity may not be increased I m expanding the square footage and I m either leaving all the non conformities static I m reducing them or I m eliminating them You know I m not increasing the number of dwellings I m reducing them I m not increasing the number of buildings I m keeping that static I m eliminating the non conformity to the north and I m eliminating the non conformity of hard cover So I there s that I think the merit of that argument is valid but I mean maybe my best chance is the notwithstanding the prohibitions approved by the City Council a use of a non conforming use of less intensity can be approved if it s in the public interest Well I mean I propose to get rid of a three dwelling rental unit that s caused the neighbors and the city a lot of problems and put my wife and two and three kids there and live there for the next 30 years And provide a much better stable environment Raise the value of the houses around me Increase the tax value of my property and the property around it Increase the tax revenue so I don t think it could be argued that what I ve proposed is a non conformity of less intensity Whether it s in the public interest or not that s for you to decide but I think I ve got a reasonable argument that I m not intensifying a non conformity either but Obviously people disagree with that Deputy Mayor Tjornhom Are there any questions for the applicant Councilman McDonald I ve got a couple Can you explain you mention something about the financial impact of this as to why you can t tear down building B I m not quite sure I understand that You talk about the equity but yet these buildings are not at the level of what you re planning on building Why isn t the equity just swapped from one place to the other John Colford You know if you could convince a bank and an appraiser of that I wouldn t be here I d be if that appraisal had worked if that had appraised for the cost of the lot and you know I don t know why And all I know is that that has been rejected I would have thought it would have worked but we did try that and it didn t and what I did and we went with a little less expensive builder We ve eliminated a lot of things like building cabinetry inside that you know won t necessarily effect the appraised value to try and bring the cost down If we shrink it then we start hitting the appraised value and we still have this gap We can relatively easily remodel it to make it look as nice as the new house will look You know that s some siding and some upgrades on the inside and that we can do relatively cheaply and maintain a lot of value A lot of bang for our buck on the lot So that s why you know trying to hand onto that to the guest house to the south is you know essentially the thing that s going to make this project appraise at cost and be able to make it economically feasible And I don t see how we re going to return to you know that situation where you know we re going to have these year upon year increases in value that make it economically feasible I think if this sort of thing doesn t happen then it s going to be a rental property until I can sell it and then it s going to be a rental property and there s going to be that persistent financial barrier to the redevelopment of that property so Councilman McDonald Okay and then let me ask a couple more questions because I want to follow down this line about the due diligence and everything Did you by any chance consult with an attorney before you bought this John Colford No No not an attorney 11 39 Chanhassen City Council May 26 2009 Councilman McDonald Are you aware of there s been a number of statutes passed about grandfathering in cabins on lakefront property and what you can and cannot do as far as rebuilding on the non conforming lots there which would apply here Has anyone ever talked to you about any of those John Colford And that would be at the State level Councilman McDonald Well there are laws that govern on rebuilding cabins up on lakefront property as to what you can and cannot expand and it s the same thing about rebuilding upon a non conforming land Can you expand and get a better cabin than what you had before and the answer has always come out no John Colford Right Okay Councilman McDonald And that s part of what you re facing here also and I just I mean I can appreciate you trying to understand what the statute says but without actually going in and looking at how it s been defined within the courts that s where you ll run into a problem and it s pretty well defined as to what you can and cannot do on non conforming property with a cabins on lakes and everything So as Councilman Litsey has stated and part of what we have to look at is again conformance within the law of what we can and cannot do on these lots You talk about the rental and everything I m sure councils before us were given the same assurances about this property because it used to be a single family and circumstances happen All of a sudden it becomes rental There is nothing we can do about it at that point and yeah that s why we re doing our due diligence to make sure that we take care of this problem So I think that s part of what our decision s going to be based upon John Colford Sure Sure and I you know I don t have a cabin so I hadn t realized or appreciated any of those issues You know again I just called the city and had assumed that was a reasonable answer But yeah I mean I can appreciate that but I I mean I m having a hard time envisioning someone again paying 7 figures in 20 years 2 million dollars for this property to sort of turn around and rent out the guest house I just I just I don t know That seems unlikely to say the least but Councilman McDonald I have no further questions Deputy Mayor Tjornhom Councilwoman Ernst Councilwoman Ernst And this question s probably more for Kate Kate while we don t I keep going back to the comment where we don t have any documentation of combining the two or combining the parcels Do we have the documentation that says that it is one principle dwelling Kate Aanenson Well it s under one ownership It s two lots under one ownership so So there s Lot 6 and 7 but it s under one PID for tax purposes So to the best of our knowledge the houses were built in the 30 s Somehow the plat got platted These are probably older cabins in the 50 s 12 40 Chanhassen City Council May 26 2009 Todd Gerhardt Deputy Mayor Council If you look at the existing house and the second house they both sit on the two lots of record so they basically you know kind of met the ordinance The problem is is he wants a larger house that cannot fit on one or either of the two lots It s got to sit on both So today with the exception of the setbacks from the lot line they do kind of meet the intent of being on a separate lot of record We re looking at the remodeled on If you go to the existing This shows a wooden deck which goes across the lot line So they did meet the requirements back then Just what they didn t have back then was site coverage and some setback issues Kate Aanenson Right and riparian lots are required to be larger now than they were at the time Councilwoman Ernst But when you were talking about Mr Colford when you were speaking to the fact that you won t remodel the house is that correct You want to make it bigger John Colford Yeah Well I ve got 3 kids under 5 so we re sort of looking for a two story with 4 bedrooms up on top so you can t have a you know prefer not have a younger child on a different floor So yeah the that s sort of I mean it s basically a duplex right now and trying to cram in 4 bedrooms on one or the other floor is not doesn t really work from that standpoint and you know again remodeling that existing house you know the house just to the north of it that s nicer is not hasn t sold for 3 years at 600 000 so I would be under water in a house I didn t really like I mean that really doesn t solve the major fear of this that the house to the south will be used as a rental property and that would if someone remodels that house to the north they ve got much more incentive to continue renting that house to than anyone who has the house I propose You know that would not be our preference and I mean I would probably if I can t build I will probably keep that as a rental until I could sell it and so something else Councilwoman Ernst Well that s where I m a little bit unclear because I heard Mr Gerhardt talk about the fact that you wanted to expand the house John Colford Yep Councilwoman Ernst But I thought that we were talking about the existing house that s on there and not the one that you re talking about expanding Is that correct or am I incorrect on that John Colford Well if we could go to my yeah So the new house is towards the lake from the roundabout and that has a bigger square footage than that existing house up towards the road The existing house B is about a 900 square foot house that you know I would just turn into a guest house and you know fix it up and make it look nice So I mean that s what we re proposing to do and I m barely hanging onto you know building B or the existing house there to make it a guest house to try and Councilwoman Ernst So you still have 2 dwellings 13 41 Chanhassen City Council May 26 2009 John Colford Yes Which is the status of what it is now It s 2 dwellings Well 2 buildings with 3 dwellings and I would propose to make 2 buildings with 2 dwellings So actually reduce the number of dwellings Councilwoman Ernst Okay Deputy Mayor Tjornhom Thank you Mr Colford Is there anyone else who would like to discuss this issue tonight Seeing no one I ll bring it back to council and comments and thoughts Councilwoman Ernst Councilwoman Ernst I you know I ve heard a lot of things and I ve thought through everything that s been said and really putting all the economic piece of it aside and going with what we have in front of us today being the documentation the way that the site is today I really feel that this is very subjective in terms of not having that documentation and I feel that it because we don t have that I feel that it really favors the request of the constituent and unless I m missing something it just feels like we should have that and Todd I think that you mentioned at the time that he did this that probably was the ordinance But things have changed and again you called the City and they said that you were probably you were grandfathered in with the way that this site was at that time Kate Aanenson Yeah that s a correct statement He s grandfathered in It s when you tear down a structure and try to rebuild over a property line that you have 2 structures on a lot Councilwoman Ernst Right And that s the piece that I don t support so Kate Aanenson But even if they hadn t combined them they re still building over a lot line so there s a lot line there he s building over Because there s 2 lots Councilman Litsey The documentation to me seems somewhat irrelevant because even if it was 2 lots you still couldn t make it fit Kate Aanenson Correct because it would only have 50 feet of frontage He couldn t fit that house on the one If he tore the one house down it doesn t fit on his Councilman Litsey On that lot right so so to me that document I mean the way I look at it with that documentation if I m looking at it right is kind of irrelevant You couldn t make it work anyway Kate Aanenson That s correct With the 100 foot yeah Councilman Litsey Yeah Councilwoman Ernst But at the time it was okay The time that the lot was built I mean that they put those dwellings on there As I understand it it was okay to do that Councilman McDonald Right but they put houses on there that met the lot requirement 14 42 Chanhassen City Council May 26 2009 Councilwoman Ernst Right but he didn t do it Councilman Litsey Oh I m sorry but I was just going to say well so if that s the case that doesn t really change anything because if it was left the way it was you couldn t fit this house on it back then and you can t do it now It wouldn t really matter Either way you couldn t make this work Within our the ordinance then or now Councilwoman Ernst With our ordinance now Councilman Litsey Well even back then I don t think it would have fit Kate Aanenson That s correct it wouldn t have fit It wouldn t have fit back then It wouldn t fit today The house is substantially larger than the lot Councilman McDonald You would have had to straddle lot lines and you can t do that Kate Aanenson The lots aren t that wide Councilwoman Ernst But I guess my concern though is even if it wasn t at that time why are we holding why are we holding this constituent responsible for what was then Councilman McDonald But I m not sure Councilwoman Ernst Because he hasn t built any additional buildings on it Councilman McDonald I m not sure what was done then Back then everything was done according to whatever the code or whatever it was for the lot Councilwoman Ernst Right Councilman McDonald You had 2 residences that were built on 2 lots At some point in time they re combined into 1 lot In order for him to build the type of house he wants he needs 2 lots anyway so he has to build upon the 2 lots and he has to combine those now into 1 lot That s what he s looking at doing Councilwoman Ernst But if he didn t do that to Kate s point he would be fine Councilman McDonald He would be fine but that means he can t build a house that he s proposing Councilwoman Ernst Right Councilman McDonald All he could do is take the existing structures and go with those Kate Aanenson Correct 15 43 Chanhassen City Council May 26 2009 Deputy Mayor Tjornhom He can improve upon those Kate Aanenson Yeah Councilwoman Ernst Well he can take the one down if he wants too right Kate Aanenson Or make it fit and make it skinny on the lot There d be a it d kind of be what we call a shot gun style house We looked at all those iterations We looked at trying to do a flag lot We looked at all the possibilities of trying to make it fit to create another lot but it wouldn t meet then he d need variances to make all that work We looked at all those iterations It s narrow To meet the it s only 105 feet at the lake frontage which is you know 90 feet and you need to add that the building setback So for that size home if you look at kind of what we ve approved recently that would be pretty typical Councilwoman Ernst And that s not something that was considered to Kate Aanenson We approached that Councilwoman Ernst No but I mean the constituent John Colford To build on one of the 2 lots Councilwoman Ernst To take the one the one dwelling Or the one house and expand it Kate maybe you can explain it better than I can Kate Aanenson Sure If you look at the building envelope maybe Laurie if you could help me On the north of black go to the north line Black line That would be the building envelope and then that dotted line where she s pointing right now so you d have to maintain 30 feet from that line and so you re looking at I think we measured that probably about 50 feet at best wide or 40 feet so it becomes a very narrow to make it fit on the lot and meet the setbacks Yeah Todd Gerhardt I think Councilmember Ernst s question is you have 2 lots of record and you could build on those 2 lots of record Councilwoman Ernst Right Todd Gerhardt You could keep the existing lot to the south and tear down the bigger house to the north and build on that lot but you would have to comply with the setbacks and what Kate is saying it would be a long skinny house and that is not the type of house they re looking for is my guess John Colford Yeah I wasn t aware of the possibility but yeah All of the discussions were with it s not actually subdividable because then there would not be 16 44 Chanhassen City Council May 26 2009 Deputy Mayor Tjornhom You know what excuse me Do you mind stepping back up to the podium John Colford Oh I m sorry I was told the lots were not subdividable because they would not create 2 lots with 20 000 square feet Because the square footage is 36 000 and the minimum for a lake lot was 20 000 so or so I was told Kate Aanenson Yeah No Well we looked at that and we looked at doing a flag lot too but it they re not by the time you get the setbacks they re like I said 40 feet in width Todd Gerhardt So it kind of gets then do you want a 40 foot wide house John Colford Well I mean the separation I had proposed would be to leave all the lakeshore with you know the 20 000 foot lot and then create a non lakeshore 15 000 foot lot with the existing house on it and that would be altering the lot lines which is also not a possibility so Kate Aanenson Neither one of those lots would meet the requirement We did look at that too We looked at every iteration so John Colford Yeah Todd Gerhardt But you know you ve got 2 existing lots today and they re lots of record and you can build on those as long as you comply with the ordinance as it is today and that would get you a 40 foot wide house by however long setbacks would be Councilwoman Ernst It s not giving you what you want but it s giving you an option John Colford Right yeah Yeah and I yeah I mean re subdividing died an early you know that it seemed impossible for all the reasons that we ve stated so we didn t really go down that path Todd Gerhardt Yeah this wouldn t be a subdivision You have 2 lots of record right now John Colford Yeah Todd Gerhardt And when you have 2 lots of record you have the legal right to build something on one of the 2 lots or both lots But it s got to meet the city setbacks They re not very wide lots so you re limited to the building pad area for your home Does that make sense John Colford Well all except for the building on both lots I can build a structure on both lots because that s what I thought I was trying to do Todd Gerhardt You could build one structure on one lot and another structure on the second lot But you have to meet today s setbacks and conditions that are in the ordinance today 17 45 Chanhassen City Council May 26 2009 John Colford But again I thought I mean I was told I could not do that specifically because of the minimum acreage requirements That the 2 lots would not have 20 000 square feet each Todd Gerhardt No Kate Aanenson No Councilman McDonald I know but the two lots already exist Todd Gerhardt They exist Councilwoman Ernst Right John Colford Okay Todd Gerhardt They re 2 lots of record Councilman McDonald You couldn t the problem you re having is trying to create 2 lots Out of the 2 lots that are there if you try to again create a separate lot for building B that s where you re running into problems You can t get enough land to meet the acreage requirement Deputy Mayor Tjornhom Well and you also can t have 2 dwellings on 1 lot Councilman McDonald Well there would be 2 lots Deputy Mayor Tjornhom But if you combined the 2 lots into 1 Councilman McDonald But okay what he would need to do is do away with the diagonal line Deputy Mayor Tjornhom Exactly Councilman McDonald And now somehow surround Lot B with a new lot and there s not enough land to do that You can t meet the requirements Kate Aanenson Now we re subdividing Either the lot stays line stays where it is and we stay within that framework or we do something else You know we looked at this Because now you ve got to meet all the new litmus test on the lot square footage once you change that line and we looked at all that and I believe Angie went through that with you and it doesn t work so Unless you choose a shot gun style house but it was our understanding that Councilwoman Ernst Really my point was is just to Todd s point is giving you that option to do with what is existing today and again it s not getting you what you want but it s something more than what you have been than what s being proposed John Colford Sure 18 46 Chanhassen City Council May 26 2009 Deputy Mayor Tjornhom Okay moving on Other comments Councilman McDonald Well I guess the only thing that I would look at is we ve had a couple of other proposals come before us about the 2 residences on one lot and we have not granted any of those for the particular reasons of what the ordinance states In order to grant what he s asking for here I think that we re setting a precedent on a number of lots and especially upon some of these lake lots as to what s going to happen there And just because of that I couldn t support it And to I mean you can give us all the assurances you want but again all we have to do is look back at recent history and circumstances change Once it s approved out of here it s your property and unless you violate some ordinance or something everything can be rented out It can go right back the way it was so John Colford I mean the current rental license is up for expiration I mean there are ordinances that govern rental properties and those ordinance are enforceable And to I mean the non conformity is being eliminated to make that basically easier That s a pretty substantial current and future value to be to deprive a constituent because you know this fear that it would be rented in the future when there are ordinances that govern that and I mean when your license is expired you re not allowed to rent and that s an enforceable action I mean you know Councilman McDonald Well my understanding is the people that were there before weren t exactly following the ordinances either and once you get in it becomes very difficult to start enforcing all these ordinances What I m saying is is that you know if we allow you to have that at some point in the future it could be rented That s what everybody s fear is That s what s happened before That s what we re trying to eliminate so based upon that you know again our interpretation would be that once you start to tear down one of the non conformities in order to do what you re doing you have to tear down everything I mean that s kind of our reading and that s been consistent throughout I think everybody you talk to and so yeah we can look at other options because again you do have 2 lots You could tear down building A You could build upon that lot and as long as it met all the requirements everything s fine You can keep building B That s no problem I appreciate the problem you re having with the bank I guess the only thing I would look at there is if you re going to build the type of house you re looking at that equity s got to shift to that I mean it s lakefront property It s worth something I m not sure if your taxes are going down next year or not according to the assessor because it is on the lake but that s next year s problem I don t know what to tell ya I mean that s kind of the perspective that I look at this from is you know what are we doing as far as the ordinance and our interpretation within the city s been pretty consistent there I mean one of the things you brought up is that yeah for a public good but the burden s upon you to show how it s a public good And just eliminating you know the supposed rentals again that probably doesn t meet the burden I appreciate the problem you ve got but I m afraid we can t do things to help you from a financial standpoint just because the bank doesn t see things quite the same way that everyone else does Deputy Mayor Tjornhom Okay thank you You can have a seat Bryan Councilman Litsey Actually I agree with what Councilman McDonald said I don t have a whole lot to add I mean you have some options here Maybe look at those but I think what you re trying to do here is simply it s just not going to work within the ordinance and so forth so 19 47 Chanhassen City Council May 26 2009 I don t have much more to comment Like I said Councilmember McDonald laid it out pretty well so Councilwoman Ernst The only thing now that we ve come up with this other option I would totally consider encourage you to at least talk with staff about that option and I would actually go along with Councilman Litsey and Councilman McDonald with what we have in front of us today But again taking a look at those options Deputy Mayor Tjornhom Thank you Yeah I m going to go back to actually what the request is tonight because we ve been talking about a lot of different things and so just for clarity so we all know what we re voting on and what s being discussed The applicant is requesting that let s see The applicant is appealing staff s decision regarding multiple dwellings on a single lot on property zoned single family residential and so that s really what the issue is at hand Is if we as a council feel it is beneficial or not beneficial to the city to allow 2 dwelling spots on one lot And so while we ve heard discussion about the financial problems we all understand those at this point If you can figure out the market and real estate then you know I think maybe you d make enough money to buy all the lakeshore on Lotus Lake and live there but unfortunately you know it s a mystery to us all why some bankers render the decisions they do and as a council I don t think it s our job or it s in our best interest to start dealing with financial matters and so I think it s important to stay with the matter that s at hand and the ordinance does state that with a single lot there should be done dwelling and so I am going to agree with the rest of the council members tonight that we should go along with staff s recommendation So do I have a motion Councilman Litsey I ll make a motion That the City Council affirms the Planning Commission and staff s interpretation of Planning Case 09 05 for the property described as Lots 6 and 7 Sunset View Addition for the regulation regarding multiple dwelling units on a single family lot and requires the applicant to remove buildings A and B in order to build a larger dwelling unit and combine Lots 6 and 7 into a single zoning lot Deputy Mayor Tjornhom Thank you Was there a second Councilman McDonald I ll second Councilman Litsey moved Councilman McDonald seconded that the City Council affirms the Planning Commission and staff s interpretation of Planning Case 09 05 for the property described as Lots 6 and 7 Sunset View Addition for the regulation regarding multiple dwelling units on a single family lot and requires the applicant to remove buildings A and B in order to build a larger dwelling unit and combine Lots 6 and 7 into a single zoning lot All voted in favor and the motion carried unanimously with a vote of 4 to 0 POWERS CROSSING PROFESSIONAL CENTER OUTLOT A BUTTERNUT RIDGE SOUTHEAST CORNER OF POWERS BOULEVARD AND HIGHWAY 212 APPLICANTS UNITED PROPERTIES LLC TIMOTHY AND DAWNE ERHART 20 48 Chanhassen City Council May 26 2009 REQUEST FOR A CONDITIONAL USE PERMIT WITH VARIANCES FOR DEVELOPMENT IN THE BLUFF CREEK CORRIDOR SUBDIVISION INTO ONE LOT OUTLOTS AND DEDICATION OF PUBLIC RIGHT OF WAY REZONING FROM AGRICULTURAL ESTATE A2 TO OFFICE INSTITUTIONAL OI SITE PLAN REVIEW WITH VARIANCES FOR A TWO PHASE THREE STORY 160 000 SQUARE FOOT PROFESSIONAL CENTER UP TO A 731 STALL FIVE LEVEL PARKING RAMP AND SIGNAGE Kate Aanenson Thank you This item has numerous requests before you tonight The Powers Office Professional Center is located off of the new 212 interchange and Powers Boulevard The applicant is requesting to rezone Lot 1 Block 1 also a conditional use permit subdivision site plan with variances and a variance to the sign request This property has been under consideration for a number of years When we did the comp plan we actually went out and looked at this We worked with SRF to envision Mr Erhart s property How that would best lay out and continuation of the street between 101 which is tied into the alignment of the new 101 alignment That access point touch down by Bandimere Park and then the access point onto Mr Erhart s property onto Powers Boulevard so in the future that will be a through street but we re not reviewing all that right now but this connection with this project will provide the opportunity to connect that street into the future So in looking at this property we contemplated some office Since this drawing was done the the size of the office park that we envisioned there moved from 3 to 4 acres to the 10 that we re looking at today So again this is as I stated The conditional use with variance for development within the Bluff Creek The rezoning consistent with the comprehensive plan Subdivision of one lot and two outlots and dedication of public right of way The site plan with variances for the two phased three story office building Professional office building In the future a five level parking ramp and then the sign variance And again when we looked at the zoning for this property there was a number of choices Office institutional or office industrial and the staff had recommended at this time based on the neighboring uses there there is a significant neighborhood to the south of this that we recommended the pure office zoning district With that in order to accommodate some of the uses on this is why there s variances but again we wanted to go with the office zoning in the fact that it limited If it was industrial type or kind of the uses that may have more truck activity or just traffic we thought the office would be more compatible with the residential that was developed in the rest of the area Again in this district the principle structure is two stories and the accessory structure is one story so herein lies the rub with the ordinance We could have done a PUD and in looking at this we felt that in measuring that that it d be more appropriate just to go with the straight OI zoning district and then allow for the variance So in this property is showing the overlay district This is one of the requests right here The Bluff Creek Overlay District which runs through this property going all the way up to Lyman Boulevard on the north and going all the way down to Pioneer Trail on the south and the red is the larger portion of Mr Erhart s property which we are looking at the most westerly portion for this project So the encroachment into the overlay district is the area shown in red and for the mitigation of that we re recommending a conservation easement on the top of the bluff That would be this area here so that would be a preserve area to mitigate the impact into the bluff itself With the subdivision application you can see Outlot A would be the remaining portion of the lot Lot 1 21 49 Chanhassen City Council May 26 2009 would be the professional office building and Outlot B would be where the storm water pond would be and there s dedication of the right of way off Powers Boulevard between the two properties The grading plan you can see in kind of the Phase I and Phase II shown on the site plan with the potential future parking ramp adjacent to the off ramp The parking would be then adjacent to Powers Boulevard I think we probably spent the most time trying to organize what would be the best location of the building itself Staff wanted to build it towards the street with the parking to the back We went through a lot of iterations but ultimately this seemed to be where it landed They are going ahead with the first phase and then the second phase would trigger the parking ramp so you can see the blue line is where the overlay district falls in and the grading So you can see here the storm water pond Mr Oehme would you mind putting the mouse on there Thank you And that s the storm water pond in that area right there and then the future dedication of that public street has a cul de sac on the end right there and that street will be extended in the future as I showed on that plan that we had put together with the comp plan with SRF That street will be extended to ultimately all the way up to 101 but as development occurs we ll decide the best location for that and let development kind of drive that Access off of that street will be behind the office building there will be parking to get to the ramp and then also in the front so there s actually two access points off of that street Public street And then in addition there s turn lanes off of Powers Boulevard We do have the traffic study and I ll comment on that in a minute kind of looking at the ultimate traffic study for movement into this area This street private street could also be a T intersection as it provides access to the Laurent property across the street So this would be Phase I and you can see the driveway s a little bit more clearly here and you can see the turn the T kind of intersection to that property the Laurent property across the street which is also guided for office The building itself I have the materials Maybe if somebody could hit the camera to go to the table Thank you Highly articulated with very nice materials The Planning Commission complimented on the design on the building itself Again meets all the design standards and when we talked about what the presence that we wanted coming down the street the entrance to Chanhassen this certainly meets the city staff s desire to see that highly articulated building which does meet those standards You can go back to the power point Thank you The parking ramp as shown here that would be with Phase II Again uncertain on the timing on that but when that comes in in order to accommodate that additional square footage of parking ramp would be put in place And as we were talking earlier in our work session as we see some of that area down in that we anticipate additional parking ramps to accommodate the maximum development of those properties So that is anticipated with Phase II Then the sign variance itself The office zoning district only allows for 5 foot and we spent a lot of time talking about you know the visual impact of that so we did because it is one lot we did recommend a variance on the sign If it was again if it was an office industrial district it would allow an 8 foot sign so we did agree that that seemed to make some sense to allow for the 8 foot high sign and that would allow for the identification of the building itself and individual tenants They also would be allowed the wall signs for whatever anchor tenant would be in that building also So with that there is some conditions I want to modify in your staff report For clarification Again it does meet all the standards of the city s zoning ordinance so we are recommending approval of all the conditions and I ll start on page 38 of 44 on our s which would be condition number 23 The first sentence in there should be have a strike through the double left turn lane What condition number 23 should state would be the developer must ensure that all traffic study data is provided to Carver County for their review and must incorporate Carver County and MnDOT s comments into their 22 50 Chanhassen City Council May 26 2009 plan Again access into that driveway coming off of a county road and off of State Highway 212 they would have some jurisdiction on that so they must meet their s I think contemplating the original development may have required a double left lane and we re kind of backing off from that now and just letting the county re evaluate that And then the other condition that needs modification would be number 46 In order for this project to proceed it will be before you with the final plat for the subdivision and I ll let the applicant speak to that At the time of final plat some of these conditions may be modified as the traffic study or the lift station that needs to be built in order to accommodate that an additional lift station to service this lower area needs to be provided so condition number 46 says that I d like to modify that to say the developer shall finance the cost or a portion of the cost of the two 2010 MUSA trunk lift station and enter into an agreement with the City at the time of final plat So that could be some time in the future a preliminary plat runs for a year so it may be a while before they come back and then we ll have a better idea that we re saying do we want to modify that language So that would be our recommendation for approval of all those requests and if you have any questions I d be happy to answer them Deputy Mayor Tjornhom Questions for staff Any questions for staff Councilman Litsey None here Deputy Mayor Tjornhom Okay We ll move onto the applicant Do you want to state your name and address Bill Katter Good evening council members and staff Bill Katter United Properties How are you Pleasure to be here with this project Uncertain economic times here so I wish we could say we were ready to break ground on this project this year That s probably not a likelihood but in any event let me just say a little bit about United Properties We ve been in the Twin Cities in business since 1916 Have a lot of projects that we ve developed in this town Some of our signature projects are Centennial Lakes Office Park in Edina and a portion of Normandale Lakes Office Park in Bloomington so we re very active and particularly in the southwestern Twin Cities and so we are very interested in doing development in Chanhassen and this new 212 corridor presented a bunch of opportunity for the development community and we re not exception to that so a customer of our s Fairview Southdale Hospitals had approached us back in 2007 to extend their reach into the lake and south lake communities out here as a feeder into their Southdale Hospital and to provide additional services in your community In fact I think you may all know this They ve been looking in this community for some time and for a while were fixated on some sites on Highway 5 but when the new 212 corridor opened up this is really where they wanted to be and through that process we identified Powers Boulevard as the primary interchange that they would like to be located on and I mentioned this at planning commission This Powers Boulevard is very important because it s a connection all the way up to South Lake Minnetonka and then down into Pioneer Trail and serves as a feeder road into this new freeway system through really the entire southwest communities here so we re very excited about having an arrangement with Mr Erhart to develop this property Worked with Fairview very closely for the last year to make this a reality and bring this project forward to you and then as soon as that happened the economy fell apart so we don t have a project we re ready to break ground on yet and Fairview has put us on hold but we anticipate they ll come back to the table You know in 23 51 Chanhassen City Council May 26 2009 the long run they do want to be out here and so I think patience here will reward all of us and if you were to approve this project we would hope to bring something forward here within the next year So if not if Fairview for some reason doesn t come back to the plate this site plan and the project has enough flexibility to service a professional or office setting We think would be very attractive to a number of corporate users in this area You know significant names out in this area Emerson Super Valu major employers who may have an interest in expanding on this site so that s what we do is we work to attract these big corporations to site and this is a real high quality site here with a great natural setting and great access to the freeway so With that I guess I won t go into much of the architectural and civil comments I think I will say this has been a very complicated application Staff has shown a great deal of flexibility in working with us There were some difficult issues to get to the point we re at tonight and I think we ve read all these conditions and we re in agreement with them and we re just hoping that we can get an economy back here and a tenant to make the project a reality so with that I ll open myself up to questions Deputy Mayor Tjornhom Mr McDonald Councilman McDonald I have a question for you Okay at this point then I take it you re not building it for a client which would have been the hospital You say that you know maybe it becomes viable for a corporate headquarters If that were the case would you look at developing more of the land besides just the two buildings you ve shown us at this point Bill Katter The request on this application is just for the 10 acres and the two buildings so I think the maximum density is what s represented here Councilman McDonald Okay Bill Katter Just a quick note If it went to corporate office instead of more of a medical focus we probably wouldn t need as much parking and our site plan shows the parking deck with Phase II is a 5 level deck but 3 of those 5 levels or 2 of the 5 levels at the top are proof of parking and I would guess if we went more to a corporate use we wouldn t need the proof of parking levels at all to meet city codes Kate Aanenson That s correct Councilman McDonald Okay That s mine Councilman Litsey Well I don t know maybe more this is more of a question for Kate but I m still a little concerned about the mitigation plan for the Bluff Creek Overlay and how that s going to accommodate the storm water runoff Kate Aanenson Sure I think we ve walked the site The Planning Commission walked the site I think we really have accomplished what our goal is and that is preservation of some areas The Planning Commission did spend some time and they re aware of it regarding a little bit of drainage that runs on the MnDOT right of way but I think we ve got that resolved We had time to work through that The other issue is just planning real quick Again we re feeling pretty 24 52 Chanhassen City Council May 26 2009 comfortable about that lower or the upper level draining to the back of those walls and how they accommodate that and through the engineering engineering staff s confident that they can make that happen too but getting the trade off for that preservation area to the north making that transition Actually butts up against some city property Makes a nice open corridor and ultimately when the sewer line gets put through that area going up to the trunk that will be a trail through that area tying into the city s property so if you go back to go back to that original You can see where our park property is and then if you go behind that right in that triangle you can see that trail going through the preserve area That goes back up into the city park which will be a really nice amenity even for the corporate people that are there to get out and walk on the trails so I think we ve accomplished that I think the Planning Commission was surprised at the little amount of comment as Mr Katter testified There was a lot of teeth gnashing a lot of that we worked to get a really good project so by the time it got to this all the hard work was done We spent a lot of time working through all these issues so I think the Planning Commission was pleasantly surprised that there was a lack of disagreement but I think we had all those worked out And we did modify some of the conditions We met after the Planning Commission to get do some word smithing of things that were ambiguous to the applicant so they can put it out in the marketplace and so I think we clarified that Councilman Litsey No it s a neat piece of property and a lot of it is preserved here I just want to make sure you feel comfortable There s enough flexibility in there that you can deal with that mitigation plan Kate Aanenson Yes Councilman Litsey Okay Thanks Deputy Mayor Tjornhom One of the things that I think I d like to address from either Kate or the applicant is the conditional use permit and the statement that the developer is encouraged to meet design and construction standards that would lead to at a minimum certification by the Leadership in Energy and Environmental Design Green building rating systems Can we talk a little bit about that because I think that s kind of a new thing that we re trying to do or Kate Aanenson And there s different ways With LEED s there s different criteria Some of it could be the lighting We talked about that with LED The storm water management The type of construction so we ve talked to them about that It s not going to be mandatory but depending on their client we would certainly encourage them to have that discussion We thought certainly if it was busy that they might consider that as a model prototype but the goal is to encourage them to use some of those standards Todd Gerhardt Deputy Mayor council members If you go to page 36 of 44 it s stated in there that the developer is encouraged to meet design standards so as we ve talked in the past we ll work with the developer on meeting the LEED standards There s huge advantages for the developer to do that To use the most energy efficient heating and air conditioning systems is one of the criteria Most contractors building owners want to follow those conditions 25 53 Chanhassen City Council May 26 2009 Bill Katter We just finished the development of the 8200 tower at Normandale Lake Office Park council members and it s a LEED gold project so we are incorporating that LEED sustainable design into all of our office projects these days so I think the request here that we try to do that is not unreasonable and we intend to do it We recognize it s something that you d like to see in return for the flexibility on the conditional use permit here Deputy Mayor Tjornhom Alright thank you Then if there s nothing else then I think I ll bring it back to council Oh do you have a question Sorry Councilman McDonald Public hearing don t Deputy Mayor Tjornhom Oh do we have a public hearing Kate Aanenson It s not a public hearing You can open it for comments Deputy Mayor Tjornhom I guess I could open it thank you very much Bill Katter Thank you Deputy Mayor Tjornhom I could open it for public comments at this point Sorry Seeing none I ll bring it back to council Council thoughts and comments Councilman McDonald Well I can start Yeah it looks as though it s a good plan It would be nice to bring something such as this in especially on 212 It kind of gives people a good first impression of Chanhassen and with what we re looking to do within that corridor I think it s a very good addition And you know it definitely helps project the image that I think we re looking to project for our city so I d be in favor of you doing the project Yeah I understand that economic times being what they are this is probably a project in search of a client but I have great faith you ll find the client Deputy Mayor Tjornhom Councilwoman Ernst Councilwoman Ernst Yeah I think it s a great addition as well and I think not only for our current state that we re in but also for future development and I would totally support it Deputy Mayor Tjornhom Councilmember Litsey Councilman Litsey I just could I ask one quick follow up question In terms of you know we ve soften the language some from shall and encouraged in spots and if the intent is to do it why offer that flexibility Kate Aanenson Well we talked about that too I mean sometimes we ve learned if you have shared storm water ponding sometimes that can affect your points so if you don t have total control of everything so we don t want to say that we wouldn t approve their project if they can t meet all of it but it s their intent and we have good faith that they re going to follow through and try to meet as many as they can but if it doesn t become LEED certified through some action 26 54 Chanhassen City Council May 26 2009 that we don t want to make that a default of it But they ve agreed that they want to do that so I just don t want to say that if it s some issue that they don t have control over Councilman Litsey And you re confident in working with them that you ve got a good relationship and that the intent is to follow through with that Kate Aanenson That s correct Councilman Litsey Okay Bill Katter Can I make a comment to that Councilman Litsey Sure Deputy Mayor Tjornhom Yes please Bill Katter One of the problems with that LEED process is that you don t know if you end up getting certification until it s already built and so we could be in a position where we build it thinking we are we don t and then we ve got a technical default so it s sometimes it s impossible to actually it is impossible to tell you for sure we ll meet it until the project s already done Kate Aanenson Correct And that s why we didn t want to hold them to that standard Their goal is to try to get there and if for some reason it doesn t happen we don t want to put that project in default Councilman Litsey Yeah that makes sense Councilwoman Ernst Kate one of the things Councilman Litsey I m finished Councilwoman Ernst Go ahead One of the things we talked about was when we get these types of projects and we get that and the developers get that LEED certification How can we how can we make that really open to the public so that they know that you know we re doing those sorts of things and the developer s Kate Aanenson Well I think right I think that s one of the things that we talked about and marketing some of our developers in multi family use energy star appliances and they market those so I think that would be something that we d certainly want to advertise and that s something that the Environmental Commission will certainly undertake as far as some of their awards and that s how we try to market help those people market it I think that s something the Environmental Commission is working on too Councilwoman Ernst Right 27 55 Chanhassen City Council May 26 2009 Todd Gerhardt And I think there s just a huge savings for the developers in today s market to take advantage of these LEED opportunities and it saves money in the long run As long as it can show a cost benefit that s why if you read in the paper people are following it weekly on these projects Deputy Mayor Tjornhom Alright Vicki and I would concur with everything These projects are always kind of perplexing because you can see all the work that s been put into them and they get to council and it kind of you know 20 minutes later it s done You think boy that was easy but obviously there s been a lot of work and effort put into it from everybody and so I would thank you and this is one of the projects that as a council we talk about with our strategic initiative Encouraging businesses to come and looking with that s what s going to make us a viable city in the future and so I want to thank everybody for all the work they did on with this and welcome to Chanhassen How should we proceed with the motion We have a bunch of them here Councilwoman Ernst We have two amendments right Todd Gerhardt Yeah if you would just want to read the motion s that on the front page and then reference staff s proposed changes that will be fine Deputy Mayor Tjornhom Okay Do I have someone who s willing to start the motion Councilman Litsey I did the first That s why I did the other one Councilman McDonald I ll do it Todd Gerhardt It was 2 pages I got them down to one s Councilman McDonald Okay The Chanhassen City Council approve the well I guess first of all I make the motion that the Chanhassen City Council approves the Rezoning of Lot 1 Block 1 from Agricultural Estate District A2 to Office Institutional District OI Also that the s Chanhassen City Council approve the Conditional Use Permit with Variancesto encroach into the primary zone and required bufferfor development in the Bluff Creek Corridor subject to conditions 1 through 10 on page 36 of the staff report Also that the Chanhassen City Council s approve the Subdivision Preliminary Plat creating one lot two outlots and dedication of public right of way plans prepared by Westwood Professional Services Inc dated April 1 2009 subject to conditions 1 through 46 on pages 37 41 of the staff report Also that the Chanhassen s City Council approve the Site Plan with Variancesfor building height and Bluff Creek Primary Zone setbacks for Planning Case 09 06 for a two phase three story 160 000 square foot professional office center and up to a 731 stall five level parking ramp on Lot 1 Block 1 of the development plans prepared by Pope Associates Inc and Westwood Professional Services Inc dated April 1 2009 subject to conditions 1 through 29 on pages 41 through 43 of the staff s report Also that the Chanhassen City Council approve a sign size variance request to permit an eight 8 foot tall sign with up to 64 square feet of sign display area subject to conditions 1 through 5 on page 43 of the staff s report And finally City Council also adopts the attached findings of fact to the report along with the recommendations made by staff Good enough 28 56 Chanhassen City Council May 26 2009 Deputy Mayor Tjornhom Alright Is there a second Councilwoman Ernst Second Councilman McDonald moved Councilwoman Ernst seconded that the Chanhassen City Council approves the Rezoning of Lot 1 Block 1 from Agricultural Estate District A2 to Office Institutional District OI All voted in favor and the motion carried unanimously with a vote of 4 to 0 Councilman McDonald moved Councilwoman Ernst seconded that the Chanhassen City Council approves the Conditional Use Permit with Variances to encroach into the primary zone and required buffer for development in the Bluff Creek Corridor subject to the following conditions 1 The property line may be revised to incorporate the reconveyed property from MnDOT to the developer 2 The developer is encouraged tomeet design and construction standards that would lead to at a minimum certification by the Leadership in Energy and Environmental Design LEED Green Building Rating System by the U S Green Building Council or comply with the Minnesota Sustainable Building Guidelines MSBG 3 To mitigate for the effects of development within the primary corridor the developer should be encouragedto meet green construction standards for the whole site 4 All openings created in the wooded areas on the east and south sides of the development shall be reforested with native tree species Planting stock sizes may be variable Species selected must be from the Bluff Creek Management Plan native plant list These areas shall not be mowed or managed as turf areas 5 Evaluate other site designs stormwater management techniques and low impact development practices for their benefit in reducing impacts to the primary and secondary zones of the Bluff Creek Overlay District 6 Reforest those areas disturbed to grade the site but do not have structures on them The reforestation should be done with deciduous tree species representative of the existing species composition The forested areas are dominated by bur oak 7 Maintain the natural drainage patterns 8 The applicant must clearly illustrate how impacts to the primary zone are to be mitigated This mitigation must consider all benefits derived from the primary zone as described in Article XXXI of the Chanhassen City Code 29 57 Chanhassen City Council May 26 2009 9 The area east of Lot 1 within Outlot A within the primary corridor of Bluff Creek shall be covered by a conservation easement This easement shall restrict activities within the area and prohibit any development The City shall have final approval of the easement restrictions Any wetland mitigation activities that are required within this area shall have final approval by City staff No additional activities shall be allowed within this area and access to the mitigation site shall be the existing path 10 The wooded areas of Lot 1 and Outlot B within the Bluff Creek primary zone shall be covered by a conservation easement that restricts specific activities and prohibits any further development within the area All voted in favor and the motion carried unanimously with a vote of 4 to 0 Councilman McDonald moved Councilwoman Ernst seconded that the Chanhassen City Council approves the City Council approves the Subdivision Preliminary Plat creating one lot two outlots and dedication of public right of way plans prepared by Westwood Professional Services Inc dated April 1 2009 subject to the following conditions 1 The developer shall either dedicate donate an Outlot or record a conservation easement containing the Bluff Creek Primary zone north of the road right of way in Outlot A This area of Outlot A is undevelopable and the land within the conservation easement could not be used in future phases for density transfer purposes A conservation easement shall be recorded over the Bluff Creek Primary zone located within Lot 1 and Outlot B This easement shall restrict activities within the area and prohibit any development The City shall have final approval of the easement restrictions The easement shall be recorded with the first phase of the development 2 Submit proposed names for street labeled Access Road on plans for approval 3 The drainage report and plans must be revised to address comments from MnDOT 4 The applicant must obtain a MnDOT drainage permit 5 The drainage report and plans must be modified so that the peak discharge rate to the off site wetland does not increase under fully developed conditions 6 The plans must be revised to provide either an overland emergency overflow or an additional outlet control structure at a higher elevation 7 The developer must submit a letter from an engineer stating that the retaining wall east of the building can accommodate temporary ponding behind the wall 8 The alignment of the bypass storm sewer pipe must be redesigned to eliminate excess cover over the pipe 30 58 Chanhassen City Council May 26 2009 9 If MnDOT allows a connection to the Highway 212 storm pipe then show the existing pipe on the plan sheets 10 Building permits are required for retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota 11 A manhole must be installed at the terminus of the sanitary sewer 12 All sanitary sewer and watermain within Lot 1 Block 1 shall be privately owned and maintained 13 The storm sewer that will convey runoff from the drainageway to the east of the property shall also be privately owned and maintained including those portions that lie within public right of way and the City owned outlot 14 The 20 foot wide drainage and utility easement shown on the preliminary plat over this storm sewer must be deleted 15 Delete the 20 foot wide drainage and utility easement for the future watermain 16 Provide a temporary blanket drainage and utility easement or similar mechanism acceptable to the Cityover the proposed forcemain corridor The temporary easement shall not encroach into the building envelope as shown on the site plan 17 A permanent 20 foot wide easement will be required over the final forcemain alignment 18 Each new lot will be subject to the sanitary sewer and water hookup charges These fees will be collected with the building permit subject to the rates in effect at the time of building permit and shall be based on the Metropolitan Council Environmental Services SAC unit determination 19 All of the utility improvements are required to be constructed in accordance with the City s latest edition of Standard Specifications and Detail Plates The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval 20 All public utility improvements will require a preconstruction meeting before building permit issuance Permits from the appropriate regulatory agencies will be required including the MPCA Department of Health Carver County and Watershed District 21 Upon project completion as built drawings must be submitted for the private utilities 22 The developer must ensure that all traffic study data is provided to Carver County for their review and must incorporate Carver County and MnDOT s comments into the plan 31 59 Chanhassen City Council May 26 2009 23 An updated traffic study must be submitted with Phase 2 improvements Powers Crossing s financial obligations with respect to the signal installation will be determined at that time and incorporated into the Site Plan Agreement for Phase 2 24 A temporary roadway drainage and utility easement must be provided over the cul de sac at the east end of the access road 25 This property is subject to the Arterial Collector Fee which is 3 600 per developable acre The acreage used in this calculation shall include the right of way turnback from both Highway 212 and Powers Boulevard This fee shall be paid in cash with the final plat 26 The RIM and Flowage Easements need to be indicated on the plat This should include the document number 10 05 87 1 27 The wetland mitigation area in Outlot A needs to be created A Declaration of Restrictions and Covenants needs to be executed and recorded with Carver County This document number needs to be included on the plat 28 The remaining conditions of approval for WAP 2006 32 need to be met a The plans shall be revised to show how M 1 will be accessed The access route shall be stable shall avoid damage to significant trees greater than 10 DBH and shall avoid impacts to natural drainageways and any jurisdictional wetlands that may exist on site that were not delineated by Westwood Professional Services in August 2006 b A planting plan for M 1 including invasive vegetation management techniques species to be planted proposed planting rates and the approach to upland buffer restoration shall be submitted prior to final City Council approval c The applicant shall submit a letter of credit equal to 110 of the cost of the wetland creation including grading and seeding to ensure the design standards for the replacement wetland are met The letter of credit shall be effective for no less than five years from the date of final plat approval The applicant shall submit a cost estimate for wetland creation including grading and seeding so the City can calculate the amount of the wetland creation letter of credit d A five year wetland replacement monitoring plan shall be submitted The replacement monitoring plan shall include a detailed management plan for invasive non native species particularly hybrid cattail purple loosestrife and reed canary grass The plans shall show fixed photo monitoring points for the replacement wetland The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland 29 The legal wetland boundary of the RIM wetland was not delineated in the Westwood Wetland Delineation Report dated August of 2006 This boundary must be delineated and wetland impacts avoided where possible 32 60 Chanhassen City Council May 26 2009 30 Because of the perpetual RIM and flowage easements the plans must be provided to the Natural Resources Conservation Service for review and comment Any comments from the NRCS must be made available to the City 31 Drainage to the RIM wetland from the south flows through a defined swale The conveyance of this flow must be maintained under the proposed road extension 32 Erosion Control plan needs to be updated per the July comments a Show a 75 foot rock construction entrance b Show rounding of corners for proposed grades c Erosion control blanket shall be shown on all slopes east of the proposed building and adjacent to the pond d An NPDES permit must be obtained prior to any site grading and a SWPPP must be provided to the City for review and comment e Replace MnDOT 340 mix with a modified BWSR U7 seed mix 33 Estimated SWMP fees due at the time of final plat are 271 506 20 34 The development must comply with Carver Soil and Water Conservation District comments 35 All openings created in the wooded areas on the east and south sides of the development shall be reforested with native tree species Planting stock sizes may be variable Species selected must be from the Bluff Creek Management Plan native plant list These areas shall not be mowed or managed as turf areas 36 The following practices are required in order to insure the best chance of survival for the highlighted oaks to be preserved along the east side of the development a Understory trees near the oaks shall be preserved b Roots at the grading limits shall be cut cleanly with a trencher or vibratory plow c Tree preservation fencing shall be installed prior to any grading d Trees shall be thoroughly watered during dry periods 37 The applicant shall install a second tier to the retaining wall at the north end of the east side of the development to preserve the grade surrounding the oaks proposed to be saved 38 Tree preservation fence shall be installed at the edge of the grading limits prior to any construction Fencing shall be in place and maintained until all construction is completed 39 Any trees removed in excess of proposed tree preservation plans dated 10 06 08 will be replaced at a ratio of 2 1 diameter inches 40 All trees removed shall be chipped or hauled off site No burning permits shall be issued 33 61 Chanhassen City Council May 26 2009 41 The developer shall pay the full park dedication fee in force at the time of final plat approval and prior to recording 42 Construction of the 10 ft wide bituminous access road trail and the North Trail The North Trail plans shall be modified dedicating a permanent 20 foot wide trail easement to allow for appropriate separation from adjoining improvements and boulevard areas for winter plowing snow storage and aesthetics 43 Dedication of a permanent triangular shaped trail easement at the South East corner of Lot 1 Block 1 The triangle shall be 50 in length on its South side and 200 in length on its East side 44 The developer shall finance the cost or a portion of the 2010 MUSA trunk lift station and enter into an agreement with the City for repayment at the time of final plat All voted in favor and the motion carried unanimously with a vote of 4 to 0 Councilman McDonald moved Councilwoman Ernst seconded that the City Council approves the Site Plan with Variances for building height and Bluff Creek Primary Zone setbacks for Planning Case 08 16 for a two phase three story 160 000 square foot professional office building and up to a 731 stall five level parking ramp on Lot 1 Block 1 of the development plans prepared by Pope Associates Inc and Westwood Professional Services Inc dated April 1 2009 subject to the following conditions 1 The final plat for the development shall be recorded prior to the issuance of a building permit 2 The full buildout is predicated upon a turnback to the land owner of MnDOT right of way In the event that this turnback does not occur the applicant may build a four story building totaling 112 000 square feet subject to parking compliance with City Code 3 The developer is encouraged tomeet design and construction standards that would lead to at a minimum certification by the Leadership in Energy and Environmental Design LEED Green Building Rating System by the U S Green Building Council or comply with the Minnesota Sustainable Building Guidelines MSBG 4 The developer shall continue the architectural detailing through the use of the three brick colors as well as the use of stone and metal on the garage structure 5 The developer shall provide secure bicycle racks and or storage within 200 yards of a building entrance for 5 or more of all building users measured at peak periods and provide shower and changing facilities in the building The developer should also provide benches throughout the site as well as tables and chairs in the patio area 6 The buildings are required to have an automatic fire extinguishing system 34 62 Chanhassen City Council May 26 2009 7 The plans must be prepared and signed by design professionals licensed in the State of Minnesota 8 Accessible routes must be provided between commercial building s parking facilities and public transportation stops 9 All parking areas including parking structure must be provided with accessible parking 10 The developer shall comply with the minimum parking setback requirement and install appropriate berming and or landscaping to allow the 10 feet setback 11 Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction 12 All openings created in the wooded areas on the east and south sides of the development shall be reforested with native tree species Planting stock sizes may be variable Species selected must be from the Bluff Creek Management Plan native plant list These areas shall not be mowed or managed as turf areas 13 The applicant shall install a second tier to the retaining wall at the north end of the east side of the development to preserve the grade surrounding the oaks proposed to be saved 14 The applicant does not meet required landscape quantities for parking lot trees and islands peninsulas in both phases The applicant must meet minimum requirements for parking lot trees and landscape islands peninsulas 15 Phase I The applicant does not meet minimum requirements for either of the bufferyard areas The applicant shall revise the landscape plan to meet minimum requirements 16 Phase II The applicant does not meet the minimum requirements for bufferyard areas The applicant shall increase the plantings to meet minimum requirements 17 The applicant must replace the Colorado spruce with other approved species in the plant schedule 18 All transplanted materials must be pre approved by the City Transplanted trees will not be accepted if substituted without City approval If approved for transplanting the material must be warranted for a minimum of one year If transplanted materials die they must be replaced with nursery stock 19 Tree preservation fence shall be installed at the edge of the grading limits prior to any construction Fencing shall be in place and maintained until all construction is completed 20 Any trees removed in excess of proposed tree preservation plans dated 04 01 09 will be replaced at a ratio of 2 1 diameter inches 35 63 Chanhassen City Council May 26 2009 21 All trees removed shall be chipped or hauled off site No burning permits shall be issued 22 The North Trail plans or parking lot design shall be modified to allow for appropriate boulevard areas for winter plowing snow storage and aesthetics 23 A 3 foot clear space must be maintained around fire hydrants and nothing shall be placed in front of the hydrant outlets connections fire protection control valves that would interfere with fire fighter operations Section 508 5 MN Fire Code and Sec 508 5 4 24 No burning permits shall be issued for trees to be removed Trees and shrubs must be removed or chipped on site 25 Contact the Chanhassen Fire Marshal for locations of No Parking Fire Lane signage and locations of curbing to be painted yellow MN Fire Code Sec 503 3 26 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 the time of construction except when approved alternate methods of protection are provided MSFC sec 501 4 27 Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be serviced so as to provide all weather driving capabilities MSFC Sec 503 2 3 28 Due to the unknown timeframe associated with the signal installation an updated traffic study must be submitted with Phase 2 improvements Powers Crossing s financial obligations with respect to the signal installation will be determined at that time and incorporated into the Site Plan Agreement for Phase 2 All voted in favor and the motion carried unanimously with a vote of 4 to 0 Councilman McDonald moved Councilwoman Ernst seconded that the City Council approves a sign size Variance request to permit an eight 8 foot tall sign with up to 64 square feet of sign display area subject to the following conditions 1 Separate sign permits shall be required for each sign 2 The development name in the monument sign shall be individual dimensioned letters with a minimum inch projection 3 Only one monument sign shall be permitted for the Powers Crossing Professional Center site 4 The sign height for the directional signs shall be reduced to five feet The display area for sign 2 shall be reduced to four square feet 5 The sign location shall meet all setback and site triangle requirements 36 64 Chanhassen City Council May 26 2009 All voted in favor and the motion carried unanimously with a vote of 4 to 0 Deputy Mayor Tjornhom Thank you very much Todd Gerhardt Deputy Mayor council members I just want to recognize Tim Erhart He was the property owner on this facility and I know it was his vision with this site for a long time Deputy Mayor Tjornhom He s leaving you Todd Gerhardt I ll give my speech Thursday so Talking about your vision for this corner and that you know for the past like 20 years you ve owned the property plus Tim Erhart Yeah 1980 Todd Gerhardt And this is really going to be setting the tone along 212 Tim started this process probably 3 years in the making here and to see it come to this it s exciting and we ve talked a lot over the last couple years about the project and we re excited I think Tim is excited and again it s just going to be a fantastic project First one along the 212 corridor of this size and I think it s a great stepping stone on what s going to occur in that area Tim Erhart I think Bill understated a little bit Fairview s commitment because they ve paid for 250 000 worth of engineering and architectural I think there s a very very strong desire and what a great tenant for our community I think the location just is wonderful Todd Gerhardt Yeah to have Fairview out here what always makes a city great is the medical service that is provided in that community and having Fairview and the services that they re going to provide the quality of the residents in Chanhassen is just going to go up dramatically to have that great service so close Deputy Mayor Tjornhom And also I think the employment that it will bring also for people Todd Gerhardt Oh yeah Deputy Mayor Tjornhom Is a big factor Very good Thank you Tim Erhart Thanks yeah it s been fun Actually it s been fun after 29 years It s something to go there and how it will work and again staff did a great a marvelous job of seeing through with just a lot of detailed issues and getting it to this point and it s really really really exciting Thanks Todd Gerhardt Thank you Deputy Mayor Tjornhom Thank you No cake I guess Councilman Litsey Oh we don t have that every meeting now 37 65 Chanhassen City Council May 26 2009 Deputy Mayor Tjornhom If I was mayor there would be Tim Erhart Am I excused now Todd Todd Gerhardt Yep You re excused You can go now Deputy Mayor Tjornhom Alright moving on now to council presentations COUNCIL PRESENTATIONS Councilman McDonald Well if I could I just want to say something about the Memorial Day and one of the things that I took away from it was it is a good example of I think what happens when an organization works in concert with the City to basically put something in place that is of benefit to all the residents I just want to again thank the Legion and all their partners and everybody that worked with the City to put this great monument in place but again it could not have been done without the cooperation of a local group stepping forward to fill a need and to take the kind of bull by the horns and to take the leadership position of getting this done and that s not to say the City didn t provide leadership but again our role was not so much to oversee the project as it was to assist in getting it done and I just want to thank everybody that was involved I believe that you know we have something that will for generations we will be very proud of within this city and I want to thank all the residents that participated and their time and efforts of giving of their money and their time and resources to help get this done I want to thank the City and staff especially for again providing the location and kind of cutting through the red tape to get everything put together I m sure you must have been violating a lot of code and things with that crane but we won t discuss that but yeah I just wanted to bring that up because again I just think that is a great example of what I have been trying to say within council for a long time about the City is not here to really oppose things The City is here to assist people in their great ideas and the monument is a perfect example of that Thanks Councilwoman Ernst I concur with everything that Councilman McDonald talked about I mean really everyone that put so much energy and so much of their time into it What an awesome memorial and the dedication service was fabulous I got there actually 5 minutes early thinking I d have all kinds of room to stand but there really wasn t and that was a good thing so but I think really Mark Undestad really deserves a special thank you for everything that he did for that so I really want to thank him Councilman Litsey Yeah I echo those same feelings The things that have already been said What a truly great night and I have to say that s one of the few things my 6 year old has actually been kind of spellbound and sat through and listened to so it was that s a tribute to what a great program they put on It was a lot of fun And then the picnic afterwards was a nice way for people to kind of chat and stuff too so all the great work and everybody in the city and the community really pulled together and made this a truly remarkable night really I mean the weather was other than the wind was a little strong but it was a great night and just really made you feel proud to be part of this whole effort and to live in such a great community 38 66 Chanhassen City Council May 26 2009 Deputy Mayor Tjornhom Yeah I think I can echo what everyone has talked about I m not going to say it again but what gets me excited is showing up and seeing almost a thousand people from town and we re all friends you know We re all standing around our neighbors and our friends and we are dedicating this monument that we all worked everyone worked hard to bring about and so I think that is one of the I always say you know why would you want to leave Chanhassen And this is just another reason why you know We re a great community and we have great pride and just something else to be proud of so With that any other comments Todd Gerhardt Deputy Mayor council members I want to thank everybody too All city staff that was involved They really were out there helping from day one and I especially want to thank Todd Hoffman Todd just did an unbelievable job of coaching and sticking with this project This has been his baby from day one and you know he was out there laying bricks Digging foundations and working with all the different trades and coaching them along A lot of the volunteers personally friends of Todd s and without his efforts the cost of this project would be substantially high and through his relationships and connections he made this project really special and he needs a big thanks for that Councilwoman Ernst Thanks Todd Todd Hoffman You re welcome Councilman McDonald Thank you Todd Councilman Litsey And I noticed you were there several hours afterwards doing the picking up lawn chairs and I would have been my excuse was I had to get my son home to bed I don t know if that works or not but Thank you very much Todd Hoffman You re welcome Deputy Mayor Tjornhom Alright you know I have to agree I was downtown Saturday night and there was Todd Todd and Mark Undestad and his wife I think laying sod or doing something you know so really it s amazing all the work you did and thank you so much for everything Pretty soon we ll have to have a monument to you ADMINISTRATIVE PRESENTATIONS Todd Gerhardt Well we have Elliott Knetsch here tonight and Elliott is our prosecutor so I asked Elliott if he would be able to give a little update on our prosecution contract and services he s been providing us for the last year and Elliott Elliott Knetsch Well thank you The update would be short I think it s things are going well The only mishap that I know of was when the court rooms were under construction and the court staff had to cancel one of our arraignment calendars and they sent the notice directly to me instead of my secretary so of course I didn t get it It was sent to me so I went out there and said how come nobody s here but on a more serious note I guess things are going well I think you have some excellent deputies patrolling Chanhassen They do a good job Our court schedule 39 67 Chanhassen City Council May 26 2009 has been ironed out and it has been for I guess more than a year now so we re just going out there one day a week on Mondays The occasional trials that we get require another appearance but that s the way it is for everybody They only do trials on certain days of the week So really the move to the Monday calendar I think really kind of streamlined things It made it more efficient for the city resources that go onto the prosecution You know we have a new judge with the passing of Judge Davies and that s about it I guess Todd Gerhardt Yeah I think the relationship between court services and the City of Chanhassen and our contract with Campbell Knutson is strong and it s just been a great relationship I think this past year and a half since we had our little meeting so things are going smooth It s nice to see that you know we can go to an outside service for this and Elliott provides a great service for us and I m proud to have him down there representing the City of Chanhassen so I just wanted him to give a little update for the council Councilman Litsey Well I appreciate that I m glad to hear that some of the scheduling issues I know that was kind of had to get worked out with the court but I m glad it s going smoothly now so Elliott Knetsch Yeah I think it was just a thing where you know for maybe the last 100 years they were just dealing with one prosecutor and you know so that was a bit of an adjustment there but I do thank Todd for those kind words Things have been very solid and the last at least over the past year and I do think that it fits your budget well too Your number of cases has remained fairly constant and the fine revenue has remained fairly constant It s in the 10 000 or so per month range You know I think if you crunch the numbers you would find out that under the County contract you would be paying more so I think it s working out well for everyone Deputy Mayor Tjornhom Yeah I think we are unique in Carver County where we do have our own prosecuting attorney and from what I ve always known it s worked out well so it s good to have you here to give us a report on what s going on and how things are going so thank you very much for that Keep up the good work Elliott Knetsch Thank you Deputy Mayor Tjornhom Go get them Elliott Knetsch We do Deputy Mayor Tjornhom And with that we can move onto the correspondence discussion CORRESPONDENCE DISCUSSION None Councilwoman Ernst moved Councilman Litsey seconded to adjourn the meeting All voted in favor and the motion carried unanimously with a vote of 4 to 0 The City Council meeting was adjourned at 8 50 p m Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 40 68 CHANHASSEN CITY COUNCIL WORK SESSION MAY 26 2009 The City Council interviewed applicants Colleen Dockendorf and Cara Kail for the Environmental Commission from 5 30 to 6 15 p m Deputy Mayor Tjornhom called the work session to order at 6 15 p m COUNCIL MEMBERS PRESENT Councilman Litsey Councilwoman Ernst Councilwoman Tjornhom and Councilman McDonald COUNCIL MEMBERS ABSENT Mayor Furlong STAFF PRESENT Todd Gerhardt Laurie Hokkanen Kate Aanenson and Paul Oehme DISCUSS AMENDMENTS TO CITY CODE REGARDING ANIMALS LED LIGHTING SIGNAGE DRAINAGE AND UTILITY EASEMENTS AND REGIONAL COMMERCIAL DISTRICT Kate Aanenson provided an overview of proposed amendments to the city code Staff is proposing to include bees under the definition of farm animals asking if council wants bees and chickens to be allowed in residential urban areas If so do they want to regulate the number allowed Deputy Mayor Tjornhom asked if allowing bees and chickens has been a problem in the city Kate Aanenson explained that the City has received enough inquiries to warrant clarifying the code along with birds of prey which are listed under wild animals The code currently only allows High Pressure Sodium HPS lighting in the city Due to recent requests from developers to install Light Emitting Diode LED lighting staff is asking to change the code to include LED lighting Councilwoman Ernst asked about the cost savings associated with LED lighting in the city s energy analysis Todd Gerhardt asked Paul Oehme to explain the cost savings for LED vs HPS lighting Kate Aanenson explained what is being recommended by the Planning Commission regarding electronic message center EMC signs to include scrolling color and that the signs be approved administratively Animation and special effects would be prohibited They further directed staff to develop a format to regulate the maximum display area rather than a blanket 25 Councilwoman Ernst asked about the purpose of limiting the intensity of lighting Regarding drainage and utility easement regulations Kate Aanenson clarify what and where they would be permitted The Planning Commission looked at the level of intensity and height regulations for the regional commercial district indicating their preference for the T 4 Urban Center Zone Deputy Mayor Tjornhom asked if residential would be included in this district Todd Gerhardt discussed how most major retail centers have high density residential surrounding the center Before adjourning the work session Todd Gerhardt provided an update on the downtown park and ride facility Deputy Mayor Tjornhom adjourned the work session meeting at 6 55 p m Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 69 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES MAY 19 2009 Acting Chair Larson called the meeting to order at 7 00 p m MEMBERS PRESENT Debbie Larson Mark Undestad Denny Laufenburger Kathleen Thomas and Kevin Dillon MEMBERS ABSENT Kurt Papke and Dan Keefe STAFF PRESENT Kate Aanenson Community Development Director and Terry Jeffery Water Resources Coordinator PUBLIC HEARING BHOJWANI DOCK VARIANCE REQUEST FOR AN AFTER THE FACT VARIANCE TO PLACE A DOCK ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL RSF LOCATED AT 3301 SHORE DRIVE APPLICANT GARY BHOJWANI PLANNING CASE 09 07 Public Present Name Address Peter Johnson Attorney for Applicant Kelli Gary Bhojwani 3301 Shore Drive Rachel Livingston 3331 Shore Drive Peter Knoll 3131 Dartmouth Drive Larry Oppegard 6310 Cypress Drive Peter Strommen 3221 Dartmouth Drive Greg Robin Niemann 3231 Dartmouth Drive Linda Kirk Dickey 6221 Barberry Circle Tom Merz 3201 Dartmouth Drive John Kristi Harris 3241 Dartmouth Drive Rick Halleen 3351 Shore Drive Tom Niccum Minnetonka Portable Dredging Ken Johnson 3748 Landings Drive Terry Jeffery presented the staff report for this item Commissioner Dillon asked about the comment made by the applicant regarding the lack of clarity in the city code combined with the March 2008 guidance received by the contractor from city personnel that the dock could be constructed without a permit Commissioner Laufenburger asked about the affect of the dock pilings on the environment lake ice movement and clarification on the timeline of construction Commissioner Thomas asked how the DNR standards compare to the City s standards for docks Commissioner Undestad asked about the dock configuration in the 2006 photograph and 70 Planning Commission Summary May 19 2009 clarification of the language in the ordinance Commissioner Larson asked about what is allowed on beachlots compared to private residential properties The applicant Gary Bhojwani passed out a handout outlining his speaking points discussing that the dock currently under construction is in compliance with DNR standards the lack of clarity between the regulations in Section 6 and Section 20 as a means of presenting how he got to this point explaining that it is absolutely critical that there is no question about his intentions or integrity He showed pictures of other docks on the lake with multiple boat slips and a photo of the two docks that were present when he bought the property Acting Chair Larson opened the public hearing Tom Merz 3201 Dartmouth Drive provided background information of his work on the development of the Lake Minnewashta Regional Park in the 70 s and as a member of the Chanhassen Planning Commission in the 80 s and explained that he was the person who called the City in mid March asking about the city s ordinances pertaining to permanent docks and permanent canopies Ken Johnson 3748 Landings Drive stated his support for the variance noting he has 100 feet of lakeshore with a dock 2 feet longer than half the length of a football field because it s only 3 feet deep at the end He felt it was unreasonable of the City not to allow a swim platform or require the applicant to tear out something that s already been built Peter Knoll 3131 Dartmouth Drive suggested that since work on the dock cannot be done until winter use the summer to evaluate the permanent structure to see if there are any further complaints based upon the structure and re evaluate it in the winter of 2010 Larry Oppegard 6310 Cypress Drive who s family is also th beginning their 40 summer on Lake Minnewashta and as a member of the Minnewashta Shores Homeowners Association having done an informal survey of the 21 landowners in that association noted that all those he talked to were in favor of the variance John Harris 3241 Dartmouth Drive pointed out on an aerial photograph all the neighbors in direct view of the Bhojwani property that were present at the meeting and in support of the variance Rick Helling 3672 Landings Drive explained that they had a similar situation as the Bhojwani s in that they had never lived on a lake before and a neighbor had complained that their dock was too long Peter Johnson the attorney that Gary Bhojwani and Minnetonka Portable Dredging have consulted regarding this matter reviewed his view of the legal aspects of the request Commissioner Laufenburger requested that Tom Niccum explain his understanding of dock requirements Acting Chair Larson closed the public hearing After discussion and comments from commission members the following motion was made Laufenburger moved Dillon seconded that the Planning Commission recommends that the City Council approve Planning Case 09 07 as shown in plans dated April 17 2009 for a 46 foot variance request from the allowed 25 foot cross bar for docks as outlined in the staff report and adopt the attached Findings of Fact as amended with the following condition 1 The applicant allows his permanent dock to be inspected by the City for review of appearance and fitness of use on an annual basis All voted in favor and the motion carried unanimously with a vote of 5 to 0 APPROVAL OF MINUTES Commissioner Undestad noted the verbatim and summary minutes of the Planning Commission meeting dated May 5 2009 as presented 2 71 Planning Commission Summary May 19 2009 Acting Chair Larson adjourned the Planning Commission meeting at 8 35 p m Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 3 72 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 19 2009 Acting Chair Larson called the meeting to order at 7 00 p m MEMBERS PRESENT Debbie Larson Mark Undestad Denny Laufenburger Kathleen Thomas and Kevin Dillon MEMBERS ABSENT Kurt Papke and Dan Keefe STAFF PRESENT Kate Aanenson Community Development Director and Terry Jeffery Water Resources Coordinator PUBLIC HEARING BHOJWANI DOCK VARIANCE REQUEST FOR AN AFTER THE FACT VARIANCE TO PLACE A DOCK ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL RSF LOCATED AT 3301 SHORE DRIVE APPLICANT GARY BHOJWANI PLANNING CASE 09 07 Public Present Name Address Peter Johnson Attorney for Applicant Kelli Gary Bhojwani 3301 Shore Drive Rachel Livingston 3331 Shore Drive Peter Knoll 3131 Dartmouth Drive Larry Oppegard 6310 Cypress Drive Peter Strommen 3221 Dartmouth Drive Greg Robin Niemann 3231 Dartmouth Drive Linda Kirk Dickey 6221 Barberry Circle Tom Merz 3201 Dartmouth Drive John Kristi Harris 3241 Dartmouth Drive Rick Helling 3672 Landings Drive Tom Niccum Minnetonka Portable Dredging Ken Johnson 3748 Landings Drive Terry Jeffery presented the staff report for this item Larson Kevin you have any questions Dillon So in the letter that the property owners sent and maybe this question is best addressed to him but I ll ask you anyway that the language in the subject provision of the city code now being invoked by the City of Chanhassen is not clear That lack of clarity combined with the March 2008 guidance received by the contractor from city personnel furthered our contractor s 73 Chanhassen Planning Commission May 19 2009 belief that the dock could be constructed without a permit from the City of Chanhassen etc etc Are you familiar with the guidance that the city supposedly gave in 2008 Jeffery It is my understanding that the contractor stated that he spoke with someone at the city who had indicated that it would not be needed We have not been able to corroborate that but that s not to say that that didn t take place Dillon Okay That s the only question I have right now Larson Denny Laufenburger Thank you Madam Chair Mr Jeffery can you talk a little bit about the pilings for me please I m assuming the pilings were pounded down into the bed of the lake is that correct Jeffery That is correct Laufenburger From a resource conservation protection etc what damage is done if those pilings remain Jeffery Really not much to be honest If we look under the Wetland Conservation Act you re allowed a diminimus of up to 200 square feet within a shoreline wetland The pilings would be under that Laufenburger Have you seen these pilings Jeffery I have seen these pilings Laufenburger Could you just show us where these pilings exist please And I m assuming this is a current photo is that correct Jeffery Yeah this was taken I met with the applicant on site I don t remember the exact date but within the last 3 weeks Laufenburger Okay So the only thing that s been changed on this photo is the measurements and the arrows and the markings is that correct Jeffery Correct Laufenburger Alright So have you been able to identify where the pilings are Jeffery Yes these would be the pilings There s 1 2 3 4 5 running on this side 5 running here 5 again coming back Laufenburger So all of those posts I m assuming they re metal posts 2 74 Chanhassen Planning Commission May 19 2009 Jeffery No those are wood posts approximately 18 to 24 inches in diameter I think the applicant could probably speak better to the size of those but yes they re wooded posts Round Laufenburger So those are the pilings that are driven down into the lake bed to ensure that this is a permanent structure Jeffery That is correct Laufenburger As opposed to posts that would be taken out around October or September of any year right Jeffery That is correct Laufenburger Do you know Mr Jeffery is it the is there evidence that ice shifting on Lake Minnewashta would have no impact on the movement of those timbers Jeffery Well prior to any stabilization and the ice coming out if you look at these 2 here they were already shifted I m not a structural engineer so I cannot speak to what the sheer strength necessary to move that would be I think there is no guarantee that it wouldn t shift but the structure from the supports would diminish that opportunity to shift But again I m not a structural engineer Laufenburger So clearly if the decision was made that the full 71 feet is not allowed then some of those posts that are currently above the water we would expect that they would be removed Jeffery That is correct Once safe ice conditions were present Laufenburger Okay Mr Jeffery do you know when the when the phone call or when the city was made aware of this construction do you know were all of the pilings in place at that time Jeffery Yes they were Laufenburger Okay So however many there are in there it looks to be probably 40 plus they were all in place Jeffery Yes Laufenburger Okay Was any of the dock structure the planking was any of that in place at the time do you know Jeffery When staff visited the site the joists were in place Laufenburger Okay so that would be the support between the timbers right Jeffery Yes 3 75 Chanhassen Planning Commission May 19 2009 Laufenburger Bear with me Madam Chair Larson Okay Take all the time you want Laufenburger In on page 3 of the staff report I m quoting now It says I m assuming the applicant entered into an agreement with the city enabling him to complete the first slip which is what you re showing there The first Jeffery That s this area Laufenburger Yep It was concluded that one slip is in compliance with city code The applicant had two choices Bring the dock into compliance and I m assuming that would mean get rid of everything else or apply for a variance The applicant elected to apply for a variance Do you know did the construction continue at that time On the stuff beyond that barrier That temporary barricade or was that already in place Jeffery The decking that you see beyond that barricade is just laying in place None of it is affixed to the surface Laufenburger Okay Jeffery So some of it may have been laid out after the fact but I know that they had to bring some materials in and they were trying to get some things in before the ice went out entirely but to the best of my knowledge no further construction on those two slips occurred Laufenburger Okay Just further in the analysis this is page 4 Section 6 24 Location restrictions When the applicant was considering where to locate the dock it was decided that it should not be placed at the previous location Was that a decision made by the applicant alone based on counsel with neighbors and stuff Jeffery Yeah to my Laufenburger Do you have any idea Jeffery No we were not involved Laufenburger You were not involved in that decision okay Jeffery No Laufenburger Ah that s not important Okay that s all I have for staff at this time Thank you Larson Thank you Denny Kathleen Thomas Yes I do have a question You talked a little bit about the DNR standards and being compliant with them except for the part where they re not in compliance with the City of 4 76 Chanhassen Planning Commission May 19 2009 Chanhassen s ordinances I guess I want to know a little bit more about what their standards are Do you happen to know Jeffery Their standards are very similar to our s Thomas Okay Because I just kind of wanted to kind of get a feel as to what their you know what the DNR s requirements are obviously including our code ordinances but I just kind of want to see what else it includes Jeffery The DNR has a lot of the same language that we have That it not be detrimental to significant wildlife habitat or to any plants That it not obstruct navigation on the lake That it not obstruct access and that it be of the minimum size necessary to achieve but they don t define any what is minimum size Thomas Okay so they don t denote like a size Jeffery Correct They do have a separate general permit that was issued last year that talks about if they had a platform on this It talks about the size of that and they couldn t have more than 8 feet This width of this piece running out could not exceed 8 feet That s really it for specific hard concrete dimensions that they have Thomas Okay Alright That s all I need at the moment Undestad Just a couple Terry The in 2006 can you bring that picture up again Jeffery Sure Undestad So the T dock there and then the 3 images there are those boat slips or what Jeffery This is actually I m sorry this is actually a cover for a boat slip Undestad Okay So with that configuration and they could have what 1 2 3 4 or 5 boats in there Jeffery Correct yes Undestad Okay Then the language on the cross bar dock cross bar it seems to be kind of the gray area there Have you looked into I mean what I mean I realize what Chanhassen s definition What we ve spelled out in there but is there something more to these definitions that we should know about in there Jeffery Not at this time I know staff is looking at what to do with Chapter 6 but no I think it s in staff s opinion and City Council s opinion cross bar is that length parallel to the shoreline You know that the letter received from the applicant s attorney contends that that is not the case but it is our interpretation that is that portion parallel to the shoreline 5 77 Chanhassen Planning Commission May 19 2009 Undestad Okay That s all I ve got Larson Okay I ve got a couple ones Everybody pretty much covered everything Laufenburger Did you have any Thomas I talked Larson That s okay I had a question regarding if you look at the back page where we ve got the map of all the properties on here We have got what I assume is Camp Tanadoona We ve got the Lake Minnewashta Regional Park We ve got various private beaches that are neighborhood beaches What kind of dockage are they allowed for those properties Jeffery Beachlot dockages vary depending on the number of users and what was in their conditional use permit at the time the beachlot was allowed They re under an entirely different section of the code for what s an allowed use Larson Okay But I mean I m only familiar with a couple of them but I do recall I think it was one of the private beaches had quite a few boats Anyway so I was just wondering if there was Jeffery Yeah it again it varies depending on what was the original agreement Larson So the original agreement would be grandfathered in in other words Say if you had a property that had a larger Jeffery No in fact beachlots were addressed some years back and placed under it s own section of the city code so it s separate from single family residential Larson Oh that was what I was going after Okay I think that s all I ve got at this point Dillon I have one additional Larson Oh have you got another one Dillon So the previous property owner had 2 docks Larson That s correct Dillon Isn t there only supposed to be 1 dock per parcel Jeffery That is correct Dillon So did they do that Jeffery It was a non conforming use It was not compliant with the code 6 78 Chanhassen Planning Commission May 19 2009 Laufenburger But to the best of our knowledge couldn t they to the best of our knowledge we received no complaints from neighbors about those two docks is that correct Jeffery To the best of my knowledge no There s when I reviewed the building file for the property there was no evidence that it was ever a permitted use and there s no evidence of complaints on it Whether someone took one by the phone I don t know Larson Well in the pictures that you showed showed that when at one time that one long dock that s by itself was on that point That looks like an issue but then is that the same dock or do we even know if it was moved around Jeffery No Madam Chair this picture s actually in 1979 I really wanted to utilize it to talk about the safety or navigation concerns that could be associated with a long dock Larson Gotch ya Okay Alright anybody Laufenburger One more One more Larson Okay Denny go ahead Laufenburger Mr Jeffery what s the actual property line on the water that this property owner has Actual footage Jeffery The actual frontage on the lake Madam Chair Utilizing GIS software and the aerial photograph that s available trying as best I can to follow the contours 1 169 feet Laufenburger Okay 1 169 feet Is it possible to make a determination how many of those 1 169 feet are actually usable and not prevented from being used because of wetland Jeffery It would be possible to do so I m not prepared at this time to do that Laufenburger Would it be possible to just show us kind of in general where you see that would be Like that stuff up there would that be usable Jeffery This area right here would not be usable area From the driveway over is wetland The rest of this this was is was wetland The rest of this is fairly usable but really this entire area here is wetland Laufenburger Okay So where the shade of the lake just a little bit north of where you re drawing in a dock Go south Okay now go north along the shore Right there Jeffery This is Madam Chair Mr Laufenburger what happens is when they fly their when the NRCS flies their aerial photography they do it at different times and then they re put together as a collage So this is just actually the difference in the lighting taken at different times Laufenburger Okay So we should not interpret that as wetland okay 7 79 Chanhassen Planning Commission May 19 2009 Jeffery And the 19 well here 2002 you can see the extent of emergent vegetation That does show up Not the best quality photograph but Laufenburger Okay Thank you Madam Chair Larson Okay Anybody else We re good Have we got an applicant please Please step up to the podium and state your name and address for the record Gary Bhojwani Sure Gary Bhojwani 3301 Shore Drive Chanhassen I ve got a couple of handouts that I d like to give you is that alright Larson Sure Gary Bhojwani Okay Okay basically what I ve got is an outline of my speaking points and then a couple of exhibits that I d like to use in my comments Before I begin I ve never done this before so can I ask a couple of procedural questions Larson Sure Gary Bhojwani Okay I don t know how strictly you guys follow Robert s Rules of Orders I would hope we could have a little bit of an exchange but I want to make sure I respect whatever the rules are Larson Well say what you have to say and then we ll do some questions and answers Gary Bhojwani Okay so there ll be an opportunity for me after the initial to interject some comments Larson Yes we ll ask you if anybody has any questions on what you ve said yes Gary Bhojwani Okay good I noticed obviously that there were some more technical questions along the design of the dock I d like to point out that the contractor Tom Niccum is present I d also like to point out that our attorney s present if you have some questions I heard you make reference to the document that he provided so if you have any technical questions either one of them are here it might be appropriate Alright So I ve tried to put my thoughts together in kind of four broad categories and in some respects the first category is the most important to me I very much believe in Warren Buffet s view of the world in that it takes 20 years to build a reputation but 5 minutes to ruin it It s absolutely critical to me that regardless of the outcome to be clear I d like my request granted but regardless of the outcome it s absolutely critical to me that no one in this community walk away with the impression that we were trying to break the law or trying to pull some kind of an end run and I d like to present some facts that I believe will substantiate that We moved to Minnesota in 2007 It s our first time living on a lake I grew up in Illinois My wife grew up in Wisconsin We moved here from California We were not familiar with all of the things that maybe people who ve lived on lakes all their lives take for granted We weren t familiar with that We started talking to a contractor in 2008 about 8 80 Chanhassen Planning Commission May 19 2009 changing our dock When we bought the home it had 2 docks in the water and we were looking to make some upgrades and so on and we talked to a number of folks and found a contractor with the appropriate experience expertise and so on so we had a discussion Relief on his assertions and for what it s worth I think that Tom Niccum acted in complete good faith and did everything he thought was in the right way My understanding from our contractor and my understanding from city staff is that the dock was constructed the dock that s in this view right now is indeed even with the swim platform even with the 3 slips the whole bit is in compliance with DNR standards My understanding is that the initial rub occurred if I can use that phrase when the contractor thought that it was strictly DNR standards and relied on some conversation with city staff I wasn t a party to those I don t know You have a letter from the contractor stating that He s here present today I m sure he can answer any questions We checked out his reputation He s constructed countless permanent docks in the area Talked to a number of people who have worked with him and as newcomers to the community that never lived on a lake we relied in good faith on his advice and he in turn relied in good faith on a conversation he had with city staff So we move forward I also want to be clear Mr Laufenburger I heard you ask some questions about when construction stopped and so on and so forth I would ask city staff to corroborate this As soon as we became aware of a problem we stopped There was no shenanigans whatsoever going on The only thing to this date that has been completed is the one slip that city staff has acknowledged is in compliance We have signed a legal agreement saying we won t use that as a basis to make some kind of an argument on slips 2 and 3 and the platform So we conceded that Any decking you see on slips 2 and 3 frankly were simply for safety concerns They re just laying there None of them to this date are fastened We have 3 small children hence my reference to the safety concerns I think that city staff will also concede that there is at the very least some lack of clarity between Section 6 and Section 20 There are a variety of things that are contradictory between 6 and 20 Little procedural things and more significant things I m not the attorney I m happy to have the attorney to get involved I d rather not do that when he s here and he can walk you through what our assessments are of that There s some difference of opinion as to the definition of a cross bar Again our contractor Tom Niccum who s constructed countless permanent docks asserts that the way the cross bar s defined in the city code is different I m not trying to make that argument I m not trying to go down that path right now I m simply trying to present the case how we got to where we are and it s absolutely critical to me that regardless of what the outcome is here that there is no question about our intentions or our integrity We were not trying an end run We complied with all city requests as soon as we became aware of a problem We continue to this date to comply with those requests Now in terms of the actual substance of the issue in my mind there are 3 broad arguments to be made and I ve tried to break them out here in steps 2 through 4 The first I refer to as aesthetics and precedent In the packet I just handed all of you there s a picture This is a picture taken do I need to put it here Does that work Aanenson Maybe just slide it over there you go Gary Bhojwani Okay Aanenson She ll zoom in on the camera Yep 9 81 Chanhassen Planning Commission May 19 2009 Gary Bhojwani Okay This is a picture taken yesterday standing on our dock The dock in dispute Directly across the lake I don t know what the measurements are maybe 150 200 yards that s there It s an apples to oranges comparison My understanding is that multiple families use these but as you can see it has 7 slips plus a fair bit of docking for wave runners The point I simply wish to make by showing you all of this is if someone has an objection on multiple slips on the basis of aesthetics that ground has been crossed in multiple places on this lake directly within sight of the dock that s currently in dispute It s an apples and oranges comparison because this is used by multiple families I m not trying to say it s the same thing I m simply trying to make a point that certainly in terms of aesthetics that precedent has been breached The second issue I want to point out and I ve got a picture here and it s not going to show up but this is a picture from the brochure that was used when we purchased the home There were 2 docks I m going to draw your attention up here Contrary to the picture Mr Jeffery showed you dated 2006 both docks had canopies Here s one dock you can see On the picture it looks like it just went straight out with nothing over it That s not an accurate picture I m guessing maybe they took the picture when the dock was in the midst of construction but you can clearly see the canopy on the one that went straight out There was another dock that went parallel with the shore You can see here as the swim platform and you can see here there was a dock and a canopy There are at least 10 different residents present here I m sure that can corroborate my assertion that the picture doesn t reflect what has accurately been the case both when we bought the home and the 2 years that we ve used it You are correct Mr Laufenburger in that no complaint was ever made to our knowledge certainly in the 2 years that we lived there and it sounds like to the city s knowledge in the multiple years that the prior owners had those 2 docks with 2 canopies and a swim platform up and in place Again there are ample neighbors who can corroborate that was the case for many many years Now I d ask you to think about when you re moving from a place like California to a place like Minnesota You ve grown up in Illinois and Wisconsin Would you reasonably assume that when you buy a home from a very reputable very decent family by the way When you buy a home from a family that s been living on that lake for 40 years and the day you close on the home the docks are already in the water It s part of the transaction Would you assume that that was legal We did In hindsight maybe we shouldn t have but I ve got to tell you if I had the same fact pattern again I d make the same assumption again I would assume it was a legal transaction and that s important for a significant reason I want to show you another picture and this is not to scale I don t have Mr Jeffery s access to software I want to draw your attention over to this side When we bought the home this was the dock configuration There were 2 docks One that went straight out where a boat pulled in straight this way and one that was parallel to the shore where a boat pulled in this way with a swim platform That s the configuration when we bought the house in 2007 That s the configuration that was maintained in 07 and 08 Only in 09 did we attempt to move to this configuration Now what s notable about this configuration first of all I show you by the square footage that it covers not being any more than the home when it was when we bought it I ll come to that in a moment But significantly we moved it away from the point We have a number of our neighbors that are waterskiers and we had heard over the years that when they were coming around the point maintaining this dock that had been there for many years that we purchased the home with and we ourselves had for 2 years while we lived there Maintaining that dock posed a hazard Taking that into account we moved the dock away from the point We moved it closer to shore Again it s not to scale but I m trying to illustrate the point Now I wanted to put the dock over here Our contractor and the reason I want to do that we have a 10 82 Chanhassen Planning Commission May 19 2009 building here and it would have been perfect to have this be our boathouse and have the dock come out here Our contractor said Gary you re going to cause yourself a lot of problems because this area here is a wetland It s got lily pads Stay away from it Stay closer to the shore Strike the balance between getting away from the point but staying away from the lily pads So we put it over here on the contractor s advice The contractor was clearly trying to do the right thing and trying to comply with what he thought were the governing standards i e the DNR Now the other point I want to make if you take a look I took the drawing that the city provided The bottom is the city s drawing which is a good approximation of what we built It is exactly the same square footage as what we bought All we did is take this configuration turn it and we took the platform that used to be here and put it over here Truth be told on the old dock this platform was twice as wide It was a double We didn t increase the amount of square footage we took up from the home at the time we bought it Now the next issue for me I refer to on this outline as usage of the lake Number one I think it s critical to remember that what s at issue here is the width of the dock Not the protrusion into the lake There s no dispute that we ve stayed within the 50 feet requirement What is at dispute right now is that we ve exceeded the 25 foot width That s relevant from a boating standpoint If we were arguing about exceeding the protrusion into the lake by 40 feet that becomes much more relevant when you re talking about impeding upon navigable waters I ve demonstrated to you and the neighbors again You could feel free to ask any of them There s a number of them here We ve moved away from the point We ve improved the location of it from a safety standpoint We ve avoided the lily pads Mr Laufenburger you asked a question earlier about the amount of lakeshore that could be used or built I forget exactly how you phrased it I don t remember but I think there s a relevant distinction to be made When you think about this dock our measurements are actually 1 260 feet but let s just use 1 200 to keep the numbers nice and round Laufenburger Let s use 1 169 Gary Bhojwani Fair enough 1 169 We ve walked the property by the way It measures 1 260 but let s use 1 169 That the usage even at 71 foot equates to approximately 6 of the shoreline that we own By the city s statistics the average shoreline is 125 foot 6 of that we equate to 7 feet wide docks Not 25 foot as is permissible If you use the median of 110 foot that would equate to roughly 6 6 feet The point is if you look at the overall scale we re not out of whack I think the other relevant issue from a layman s perspective I m not an attorney I don t have the education or official to practice law From a layman s perspective think about the way we compute taxes Think about the way we restrict hard cover requirements There s usually some sense of proportion Rightfully so I m not arguing that we should be allowed to have 10 or 20 slips I m not suggesting that at all What I am suggesting is that the City allows 3 boats to be moored overnight It s completely the same as what we bought the house in 2007 I think it s noteworthy that there were no complaints before I ve shown you other pictures where clearly there are slips much bigger than this one And probably the final factor I have listed as 4 here as other before I go onto that I think it s because we ve tried to be responsible stewards of this beautiful piece of property that we re lucky enough to own that we have a substantial amount of neighborhood support I have a number of my neighbors here I d ask them to raise their hands if they re in support of this dock being completed We wouldn t have that kind of support if we were behaving irresponsibly Now for me the final issue I ve put under the heading of other I can t go back to even what I had We now know that 2 docks are what did you call it Not a 11 83 Chanhassen Planning Commission May 19 2009 conforming use We ve already incurred a lot of expense and a lot of effort Both of the city proposals as were presented are less than what we had Than what we bought in good faith Final point and I don t I m making a leap here I don t know this to be true for sure I know it s true for my neighbor s perspective I assume the city also shares an interest in us not subdividing this property We have no intention of doing it We didn t buy it for that reason It s not in our interest but the point I would simply make is that everything like this that we do increases the likelihood that us or future owners wouldn t do that In closing I believe there s a middle ground to be found here that allows us to get what we d like and allows the city to continue to ensure that a very unique piece of property is cared for With that I guess I d like to stop and open it up for Q and A Larson Alright Kevin you said you had a question for him Dillon Yeah So the picture you showed with the 7 whatever it is is that owned by one is that on one piece of property Gary Bhojwani You know I don t I believe it s a neighborhood association I don t know for sure Aanenson Can I address that since I did that project That actual subdivision there was individual lots that could have gotten a wetland alteration permit We ve done probably 3 or 4 of these throughout the city and instead of putting individual lots we worked with the DNR and put them all in one spot so instead of having 7 individual slips and doing a wetland impact on each of those lots we combined them together for preservation of the lake so they re all together on one lot Audience That was done that was marsh Aanenson Yes They got a wetland alteration permit in one spot as opposed to 7 lots Yes And the DNR supported that and they recommend that highly yes Laufenburger So that picture reflects compliance Aanenson That s correct And also just to be clear on the wetland the beachlot ordinance is a little bit different I don t want to spend too much time on that but the beachlot ordinance and it requires significantly larger lot Larger shoreland and a bigger acreage requirement than a standard lot Gary Bhojwani My understanding is there s no other private residence on Minnewashta that owns more shoreline than we do So to the extent that the lot is larger I think Larson I don t know the answer to that Aanenson Well it requires 300 feet of shoreline and 200 feet of shoreline and 30 000 square feet 12 84 Chanhassen Planning Commission May 19 2009 Gary Bhojwani We would seem to exceed both of those thresholds with 4 acres and 1 169 feet Dillon That s the only question Larson Mr Laufenburger Laufenburger How old are your children Gary Bhojwani I have twins that just turned 10 and a boy who s 13 who hit his first home run tonight Laufenburger Just as a point of fact this compliance with DNR I think we recognize compliance with DNR is important but the DNR clearly stipulates as Mr Jeffery s identified that you must also comply with local so the fact that the dock complies with DNR and does not comply with local ordinances in my interpretation and that s our job here that would not comply Gary Bhojwani I understand The point I was simply trying to make was to explain how we got here Laufenburger Sure Gary Bhojwani There s a I want to be clear I m trying to walk a balance here because the attorney and the contractor will tell you that there s a different of opinion even on that issue I m trying not to go down that path I m trying to argue from a common sense perspective Laufenburger You re doing a fine job Mr Bhojwani Just regarding your last comment you say that you re you have no intention of doing subdivision In fact if you wanted to do that as long as it complied with ordinances with the city of Chanhassen you re certainly welcome to do that How you deal with your property that s up to you I think I m speaking that correctly am I not Aanenson Well just a clarification Just looking at it I haven t looked at that s the first I ve heard of this You have to have 90 feet of frontage on a public street so in order to get another lot in there it appears that it would need a variance so therefore you could deny the subdivision based on not having frontage on a local street so that would be a whole separate process so I m just saying it s not it appears that it wouldn t be just an easily straight forward subdivision meeting requirements of the code On the face of it Laufenburger That s all the questions I have Larson Kathleen Thomas Yeah I do My question is you talked about like coming to like a medium between in what you want and what the city wants and I m assuming you ve looked at the recommendations on what the city is you know offering up as you know a denial or changing it to 16 the variance 13 85 Chanhassen Planning Commission May 19 2009 Where do you feel like that would be you would accept any of those things or are you looking for very much your full 71 foot dock and that s what you d like so that s what you d like to have I m just trying to get a feel as to what your you know where your head s at Gary Bhojwani I understand Both of the city proposals are less than what we had and that s part of the reason I mean frankly with the amount of time and money we ve spent on this variance process I would have if I had any idea I would have never done it But I would really hate to go through all this and end up with less than what we had which is really the reason I m pushing that In terms of being able to find a middle ground I m not the expert in this I ve never done this before My attorney tells me there are agreements you can strike with cities about conditional use where we make certain commitments about preserving something or doing something or not doing something in exchange for this and if we violate that then we lose this privilege This type of thing I think there is a middle ground to be struck I don t know how that process works I ve never done it Thomas Okay that s good Thank you Larson Mark Undestad I have no questions right now Larson Okay I think I m good at the moment too Very good Thank you very much I guess at this point then we will open up the hearing to the public If there s anybody that would like to step up to the podium and make a comment please do so at this time State your name and address for the record please Tom Merz Well I m probably the only I don t know necessarily would be called the dissenter I don t like all my notes Larson What s your name sir Tom Merz but my wife tells me I have a tendency to Larson Name and address please Tom Merz Ah my name is Tom Merz I live at 3201 Dartmouth Drive That s the north shore I look directly south to the park and I look directly at the Bhojwani family Gary Bhojwani Bhojwani Tom Merz Bhojwani excuse me You know I ll try to make this short because some of the questions have been answered I think that to my neighbors a lot of them I m the old guy who lives on the hill and I ve got nothing better to do than attack the Bhojwani family Others I ve spent 4 years in the original when the Carver County park was originally set up in the late 70 s I was part of that planning and developing I was on the Planning Commission for 4 years in the middle 80 s and at that time we were addressing all of the dock issues and we were addressing 14 86 Chanhassen Planning Commission May 19 2009 the planning issues and I think that one thing that we really accomplished during that time that we closed down all of the so called public accesses to the lake and we relocated them into Carver County park and we have control of a nice at this point I feel we have a nice park and it s nicely controlled for what we call non riparian boat access of approximately 45 boats I think that when I listen to Minnetonka Dredging and you know they re a 100 year old company They ve been around to have not secured some type of a written approval or some type of a permit I don t know where you could build this type of structure without something more than just somebody talking about it I have problems with the City of Chanhassen in handling this project because I m the one who made placed the original call in about mid March and I stated that the dock was under construction and I was informed that yes we do have an ordinance that prohibits permanent docks and we do have an ordinance that prohibits permanent canopies Two weeks later I got a call back from the City and they said well we re sorry Mr Merz but no we don t have such an ordinance We thought we did but it s not part of our rules I said you know it s unfortunate because a lot of things have been said and a lot of conversation has happened because we had this conversation I think finally in this variance there is no winners I think whatever decision you people make tonight is going to come back be with us for a lot of years I hope that in your wisdom you ll come up with a fair decision that will protect the property owners and grant some leniency for Mr Bhojwani Finally I think that no matter what s decided tonight I hope that we can put this issue behind us and walk out of here and say that you know we ve always been good neighbors and good friends and whatever is decided tonight will stay here so I hope you have a good summer and enjoy your summer Thank you Larson Thank you Dillon I have a question Tom Merz Yes Dillon So you ve got two letters to the Planning Commission here Tom Merz Yes Dillon And the first one I read it sounds like you were against granting the variance Tom Merz Correct Dillon The second one I didn t really reach a conclusion in what you re saying here Tom Merz At that time I actually had a meeting with Mr Bhojwani and we discussed it and you know I thought that taking into consideration the man has 4 acres of property 1 200 feet of lakeshore and he maintains it well that it is a special piece of property so I thought that my letter was stating that I hope that you people can come up with some type of a reasonable compromise and that was the intention of it Dillon So but would you support the variance as it stands today 15 87 Chanhassen Planning Commission May 19 2009 Tom Merz With the 3 docks Dillon Yeah Tom Merz No Larson How about for the other one For the one dock Tom Merz Two docks Larson The second option have you got that up there Terry Tom Merz That s a tough I mean you re asking me Well I would think that at that point if you granted Larson The Alternate B Tom Merz You know what what is the what are we accomplishing here I mean so yes I would think at this point if you ask me to say specifically to me 2 docks would be acceptable Larson What I m trying to accomplish here is to find out what is okay with in your opinion as opposed to Tom Merz You know like I said I ve been fooling around with this lake for 30 40 years and it isn t going to affect me I probably won t be here in 10 to 15 years so I think it s the long term effect What you re going to do when they develop the you know the Camp Tanadoona property What you re going to do when they develop some other people You re setting a precedent and I think this is an unusual piece of property and it deserves some leniency Is that 2 or 3 docks I don t know I d probably support 2 3 it seems to be very excessive but you re asking for something that so yes That was the way I looked at it that s what I was thinking Larson Okay That s all I was wondering Undestad I got one question here too You were you been on the lake 30 to 40 years Tom Merz Oh 50 years Undestad Okay The picture they showed before that had 2 docks on there at that point nobody said anything then when those docks were built or any issues with them Tom Merz That s quality docks and quality stuff just like this piece of property that he has This is nothing but quality Undestad No I mean the docks that are on the Bhojwani s Tom Merz What s that 16 88 Chanhassen Planning Commission May 19 2009 Undestad The docks that show on their property back in 2006 I m not sure when they were built Tom Merz Oh I think they re Niccum docks and they re the straight metal docks Undestad Yeah these right here I guess my question is you were there that long You saw these docks go in and those were okay at that time in your mind Tom Merz Yes Audience permanent docks Undestad They re what They re not permanent docks Larson Just one moment You can come up and speak when he s finished That s okay Tom Merz Yeah the difference is that they were not permanent docks and the difference is that they do not have permanent canopies that go with permanent docks and that stay there all winter And that s my personal agenda but you know that isn t something that we have rules to live by and I expect everybody you know when I got involved in this I thought we should all live by the same rules But that s a personal issue It has nothing to you know we re here to argue about what he s allowed to do and not allowed to do Not whether I think he should have the canopies on it Larson Alright Anybody else Than you very much sir Would anybody else like to step up and give their opinion Please state your name and address for the record Ken Johnson Ken Johnson 3748 Landings Drive Another one of the old guys I m 67 going to be 68 this year I m very much in favor of this variance I personally have a dock that well I mean our lot is 100 feet wide I have a dock 2 feet longer than half the length of a football field because it s only 3 feet deep at the end So I mean I have considerably more length and out into the lake I hardly know of a dock that does not have a swim platform on it on the lake I think that would be absolutely unreasonable to not have that swim platform I look at this and you see the same type of 2 docks in there that the same amount of dock space I think it s really unreasonable I mean for city staff to come back afterwards and want somebody to tear something out I think that that s really unreasonable by your part and city staff I don t know who you know is driving this but I m not impressed with that This is something that I think is very workable I also was involved with something with the DNR on raising the lake level on another lake and what they did and this is something that you can think about I mean this is all in I mean the only thing that s not down is the boards that go across That in that case I mean what the DNR did is they granted a 5 year temporary permit on raising the lake level and just adding to a dam and with reviewing it after 5 years and if there was no issues and no complaints then it was made permanent I mean it s been made permanent at this time and that and I think that s a very workable solution on your part to grant a temporary variance on the other 2 slips for 17 89 Chanhassen Planning Commission May 19 2009 a period of time and if there s no complaints during that period of time you can make it permanent Thank you Dillon Just a note I think you kind of made a comment about the city staff They were reacting to a complaint that one of your neighbors phoned in so Ken Johnson That s one of what hundreds of people on the lake Dillon It doesn t matter I think for them not to respond to that and do the investigation they wouldn t have been doing their jobs So just in defense of them I mean Ken Johnson Well I mean it s doing an investigation and finding out you know if you look at the facts and you have 2 docks You have the same number of square feet that you know everything is being done the way that it s supposed to be done No I am not impressed with city staff in this part That is my comment and my opinion Dillon You re entitled to your opinion but they were just doing their jobs Ken Johnson That s your opinion Larson Okay Anybody else Peter Knoll Peter Knoll 3131 Dartmouth My understanding that even if there s any variation that s going to happen to this property it s going to be done in the winter So the structure s going to exist in the summer of 2009 correct Larson Right Peter Knoll So a recommendation would probably be from my perspective if you had a seasonal variance you would have a time period to evaluate the permanent structure to see if there is any further complaint based upon the structure and re evaluate it in the winter of 2010 Larson Thank you very much Would anyone else like to step up and give their opinion th Larry Oppegard Larry Oppegard 6310 Cypress Drive The Oppegard family is starting it s 40 summer on Lake Minnewashta and we ve been involved also in some of the past good deeds that have been happening on Lake Minnewashta The regional park Development of the old Leech s resort and you know I speak in full favor of this We re neighbors We were neighbors for 40 years to the people that own this property and although I can t speak formally on behalf of the Minnewashta Shores Association which is 21 landowners I have done my own informal survey and have found that all those that I ve talked to would be in favor as well Thank you Larson Thank you very much Anybody else John Harris Hi My name is John Harris I live at 3241 Dartmouth Drive Can you help me out with one slide It s the one that has a yellow property line outline and it also shows some 18 90 Chanhassen Planning Commission May 19 2009 other neighboring lots Like a photo aerial Yeah that one That s perfect Can I go up there and just point on the map Is that okay Aanenson Sure John Harris Okay So I live right here And the Niemann s are here They live right here And the Strommen s are here They live right here And who else Rachel Oppegard is here and she lives right here Larry and Mary live is this it Larry Oppegard Next one Other way John Harris Okay right here Sorry And the Knoll s I m not sure which lot is their s but basically the I want to say the core of the neighborhood that is in direct view of the Bhojwani property is here and we re all here in support of the variance and I just want it duly noted and just illustrate with the photo where we live and we re here in support of the variance That s it Thanks Larson Okay thanks very much Rick Helling My name s Rick Helling 3672 Landings Drive I just want to say we moved in the summer of 2006 Same kind of thing as the Bhojwani s Did not live on a lake before We had our own issues with our dock Our house was being built when we were out of town We weren t even here There was a complaint from a neighbor excuse me very similar to this Our dock was too far out to the water Too long Niccum Docks actually was our builder as well Brent Niccum Not Tom But we heard about it long distance and took care of the problem I mean we told them you know we didn t know any better When we met our neighbors and found out who it was who complained we talked to them personally and said you know we re sorry We weren t trying to do anything wrong I think this is exactly what s happening here In the end it all got taken care of Our dock s in compliance now but it s a similar situation We just we didn t know I ve never lived on a lake before We built a nice new house We re trying to put a nice dock in and make it fit with the property Fit with our new home and we unknowingly did not comply with the regulations and once we found out we fixed it In this situation I think is very similar The only difference is you know they put a lot more money into it This is a permanent structure which to my knowledge from what I understand tonight is not that s not against the compliance It seems to be okay to have a permanent structure and a permanent canopy It s just the square footage that we re talking about and the 71 feet or compared to the 25 whatever it may be His property is obviously the most shoreline on the lake I think it deserves everybody who s spoken tonight will admit it s a special property Special family owned it before them When he bought the property when the Bhojwani s bought the property there was a certain amount of dockage that was there They re not looking to make it any larger than what they had when they bought it I think that s a point that can t be overlooked It s not like they re trying to build a dock that was twice as big as what they had when they bought the house The dock is the same size It s just that it s being brought together into one dock They thought they were doing everything the right way Unfortunately things happen and they found out they re not and they re hoping they can get a little help from the city to make it happen smoothly so I just wanted to say my from our situation our family we had a 19 91 Chanhassen Planning Commission May 19 2009 similar deal and I can state for not living on a lake and not knowing exactly how things work you know you don t want to come into a new neighborhood like Gary said and step on your neighbors toes and have everybody think oh you re better than us or you re trying to do something that nobody else has done before I can honestly say in our case that was not you know the issue and we have great neighbors We live on a great lake and I know Gary feels the same way He s not trying to do anything that you know out of the ordinary or try to get special treatment He just wanted to have a nice dock for his family and have the same amount of dock as he had when he bought the home but just in a different configuration That s all I have to say Larson Thank you Peter Johnson I m Peter Johnson I m the attorney that Gary Bhojwani and Minnetonka Portable Dredging have consulted regarding this matter I d like to make just a very brief comment about what my perspective is after reviewing the legal aspects of it I think the first thing that I think you should keep in mind is that under property law in the State of Minnesota riparian rights are given a very high level of priority in kind of the basket of rights that a property owner has And in fact you know many of our national and state boundaries county property property individual property boundaries are all set based on what riparian rights will accrue to the property owner And with that background on Lake Minnetonka a Court of Appeals has just recently ruled that a one size fits all cookie cutter ordinance that regulates dock users is okay so long as a city looks at the unique characteristics of properties that would suffer an undue hardship and applies a variance process and allows the property owner reasonable use of their riparian shoreland so that s the legal principle behind this variance application There does not seem to be much dispute about the fact that this is a unique property based on it s size and the amount of lineal feet of shoreline So then the question that s related to that is whether or not your ordinance allows this property owner reasonable use of his riparian shoreland And in that regard I noticed in your staff report on page 7 I think they did a nice job of outlining what the variance request would be in saying that will strict compliance with the dock regulation cause an undue hardship in the enjoyment of the shoreline site Fair enough But when they go to apply or suggest a finding to this panel they came up with there s no physical characteristics of the site that would preclude compliance with city code requirements That s not the standard at all The finding would be is there a way under your ordinance for this homeowner to make reasonable usable use reasonable use of 1 200 feet of shoreline And my answer is well if a single dock slip 24 25 feet wide is all that any lakeshore owner will ever be able to use no matter what and if that s a reasonable use Or not an unreasonable restriction on use well then your you ve you ve taken the same position that the LMCD did which was we ve got an ordinance We re going to hang in there We re going to apply it against every property and a Court of Appeals turned him around and said no you cannot do that You cannot place unreasonable restrictions on a homeowner s use of his entire shoreland so I think that ruling is pretty clear that the Bhojwani s should be granted a variance from your ordinance So if I can ask or answer questions I m happy to try and do so but that is the extent of my comments Thank you Larson No questions Anybody else Laufenburger Before you do before you close the public hearing I d request to talk to Mr Niccum Is that possible 20 92 Chanhassen Planning Commission May 19 2009 Larson You certainly may Mr Niccum are you here Tom Niccum I m Tom Niccum I live at 1754 Shorewood in Mound Larson Okay Laufenburger Mr Niccum you ve been building you or your family have been building docks for quite a while Is that correct Tom Niccum Yep Laufenburger How many docks have you built in the city of Chanhassen Tom Niccum None Laufenburger With exception of this one Tom Niccum Right Laufenburger This is the first one Tom Niccum Right and we re separate from what he was talking about Niccum Dock Laufenburger Brent Tom Niccum That s separate from us Laufenburger Okay Okay Mr Niccum in your letter you or your what you shared you said that you had a conversation with city staff Tom Niccum I had a conversation with somebody yeah Laufenburger Who was that person Tom Niccum Well it was a lady that I talked to and I talked over the rules the way I was looking at them as far as that T or L and you know to me a T or an L is at the end of a dock and it goes along kind of with what the DNR had been working on about the size of the platforms and the on the end of the docks and so I looked at that as far as this one was going to be considerably less than 25 feet And that s where that came from You know my interpretation of that Laufenburger So what portion of the dock was going to be less than 25 feet in your view Tom Niccum The swim platform 21 93 Chanhassen Planning Commission May 19 2009 Laufenburger Mr Niccum What was it The swim platform which is now characterized as 12 feet with 8 feet width is that right Tom Niccum Yeah Laufenburger Do you normally pull permits from other jurisdictions Lake Minnetonka things like that Tom Niccum We ve built other permanent docks in other cities Lino Lakes and areas where we did not have to They complied with the DNR and as long as they complied with the DNR there was no city permits required So no On Minnetonka we deal with the LMCD Laufenburger Okay That s all I had Larson That s all you have Anybody else Okay thank you very much Any follow up s on that Well with that I will close Let s discuss this amongst us guys It s got to be Mark Undestad Alright Well couple things I mean great turnout and to me it looks like the Bhojwani s did their part in trying to make things better than the way it was You know there were some comments about giving them temporary or conditional use permits or try this or try that You know a lot of good support from the neighbors Nobody has a problem with it To me though I don t think that s whether the neighbors I mean it s important but I think the issue right now is more has to do with our specific code right and how it reads for that property and what I think is going to happen even for future properties is some of these 100 foot lots start getting bought up into 2 or 3 lots into 1 lot Dock sizes and things like that You know the City there was a comment that you know somebody needs to look at what to do with Chapter 6 I think we all know there is something with Chapter 6 that needs to get restructured in there I think when they had the dock system in 2006 or they had 5 boats in there they re not trying to put more boats in than what s ever been there before You know an issue and a fact that there s an alternative for an approval of a partial variance on here The difference between a partial variance and just granting the variance is one boat I guess I d look at that as you know more of an all or none type thing Then again the hardship the physical characteristics it is the physical characteristic in my mind is the size of the lot itself It s a physical characteristic It s a big lot Nobody else out there has the same issues out there and again I think that goes back to when Chapter 6 was created it was probably looking more along the 100 125 foot lots and things out there that you know again I believe are going to change over time so In my mind I think there is an issue There s something we ve got to work out in Chapter 6 and that there is based on the size of that lot and itself as a physical characteristic that I think there s a reason to allow the entire variance in there in my opinion Larson Thank you Kathleen Thomas I kind of am stepping along the same line as Mark as well I look at it kind of reminds me of this whole non conforming dock which is just like the case we had last week We had the non conforming house and we had the 2 homes and they were building a large home and it didn t comply with what the City wanted because they re going to build something incredibly much 22 94 Chanhassen Planning Commission May 19 2009 more bigger than what was currently on the lot but and so I look at it kind of relates in the aspect that they had these docks on the property when they bought the property They were part of the entire they were part of the property and so we re looking now at they re redoing the docks Making them better Making them so we don t take them out and have them on a shoreline all year round and they re the same size So I look at it kind of and I looked at the property It s 4 acres No one else has that on the lake and it only kind of makes sense that they are allowed to have the dock size that they do because if it was even split up between I mean just trying to calculate it out 4 properties I mean I now that it can t you know or it would cost another variance 4 properties that could be like a potential of like a 100 foot You know everybody having their own 25 foot dock I see that there is something we need to look at with the code but for this property I feel like there is a hardship and it s large enough Why the variance It s all or nothing I think and I d be for it Larson Denny Let s see I think that as I read this it s really hard to ignore the fact that the Bhojwani s have spent a lot of money already and whether they knew it or not the spending of that money was at risk and I think their spending of that money was at risk because I m not going to affix blame here The amount of money that was going to be spent for the contractor who Mr Bhojwani said he trusted his judgment that he didn t do complete due diligence on securing exact approval Exact specifics I think that s a risk that Mr Bhojwani should have perhaps pushed a little harder on So I think about if this variance came to us before any money was invest in putting pilings in or putting the dock in how might we respond and I think this is an exceptional property and I think it requires an exceptional view of what is acceptable for reasonable use of the dock I appreciate that the previous owner may have had a non conforming dock but there was no complaints Apparently there were no complaints about that dock What Mr Bhojwani and Mr and Mrs Bhojwani are trying to do in describing their intent in making this dock no more intrusion than the total square footage of the previous dock I think that s warranted I look at one element of this that is just really sticking out for me and that s the proportional nature of this dock as compared to the other properties Even if we even if we say that the visual usable portion of this property is even just half of the 1 169 that s still over 500 feet of usable and proportional 25 feet on a 100 foot wide property would be 125 foot wide on this property even by it s minimum standards My perception of Mr Bhojwani is that he s a good neighbor I think we should feel good in Chanhassen about having the Bhojwani family in Chanhassen I knew the previous owners I know that they were stand up citizens in the community I think the Bhojwani s while they re here they will be the same So I m in favor along with what Commissioner Undestad said I m in favor of granting this a full 71 feet with a stipulation I don t know much about ice movement of dock pillars and stuff like that I know there s a reason why my brother in law takes his dock out of Maple Lake every year because he wants to protect the dock so I don t know what kind of damage ice movement may do on these pillars Certainly we have evidence as Mr Jeffery showed in one of the photographs that two of those pillars that were not supported had some movement I don t know if this is possible but I d like to take ongoing inspection of that dock to ensure that over time it does not deteriorate with ice movement If there is any deterioration steps are taken to ensure that it s returned to it s original point of view so that s my view Larson Okay 23 95 Chanhassen Planning Commission May 19 2009 Dillon I think I can probably answer your rhetorical question on what would we do if this was brought to us before work had started It would be to deny it so I mean I don t think we you know I mean that s just the way things go usually I mean there s a little leverage that the homeowner has right now and that even setting all that stuff aside I mean I think the most important thing to me is the people that showed up here tonight that are going to be most if you want to adversely affected either aesthetically or otherwise are don t feel it I mean they re very much in favor of this so in addition to the ones who spoke there s a whole slew of letters here Although they use the same 3 bullet points in each letter I mean you know if but still they could have said if they felt otherwise I m sure they would have said so So given the fact the scale of the property the proportionality of the dock the consistency with what was previously there which I think is one of the biggest issues for me You know kind of no good deed goes unpunished I mean trying to do the right thing and get a new dock I m in favor of approving the variance and so that s what I ll say Larson Okay Well my thoughts on this are first of all clearly the Chanhassen has city codes put in place for a reason and the reason for that is very well thought out and it s to protect the lake It s to protect other homeowners and the integrity of everything that is on the lake That said many good points have been made here this evening I know and I felt just even by reading the staff report and everything we got prior to this meeting that the Bhojwani s intent was honorable I believe that they went into this with good intentions Wanting to do it correctly They put faith in the dock builder and maybe that like Denny had said wasn t necessarily the most correct way to do that but there are other parts of the lake where there are multiple docks However as was I ll echo what these guys had said earlier is if you were to put a dock on each property and each homeowner was allowed a 25 foot wide dock all the way around the lake it would be a lot of docks I think what Mr Bhojwani is requesting is reasonable He s been very careful as to not disturb the wetlands The placement of the dock is good Let s see here what else did I want to mention The fact that this property could equal you know 5 to 8 additional properties like Kathleen said you would have that many more docks if that property were able to be subdivided which we won t bother with that but it is a unique property The majority of the neighbors are in favor I don t think it s setting a precedence in the city of Chanhassen on this lake just because it is a unique property Going forward if there were another request such as this I think each request should be decided on a case by case basis Let s see here The location I think I mentioned that Previously there was a dangerous dock out towards the point which was bad for waterskiers The way he s got this situated is much better It s really not the Planning Commission s place to alter or change the city code It is however a place where we can discuss what makes sense and I think in this case my opinion is that it would make sense to allow the variance the full variance as it stands Dillon So Chair Larson So like a we ve got two options here One s to deny and then one s to go for Plan B What if we want to approve 24 96 Chanhassen Planning Commission May 19 2009 Aanenson I have scripted a third motion and amended the Findings of Fact if someone wants to make a motion first then I d be happy to help you amend the Findings of Fact that would reflect that Undestad Just a quick comment here Couple things I guess on the would we approve it or not or look at it based on if there was any money spent prior to the I don t think that s accurate I mean whether you spent money or had it in place or did anything we d still look at this based on does it make sense Dillon Oh I know I understand his rhetorical question and I was giving a rhetorical answer Undestad Just didn t want it out there And yeah I guess the other point was you know whether or not we use language right here in the recommendation Aanenson Yeah I guess what I would suggest if you wanted to if you were choosing to recommend approval of the application if you went with the second motion and the Planning Commission recommends that the City Council approve Planning Case 09 07 as shown on plans dated April 17 2009 That would be And then you would strike 1 through 4 And then I ll let you if you want to add some other qualifications you had some other discussion points there And then if we could just go to the Findings of Fact We should also have those matched So if you go to the second Findings of Fact I m on Alternative B So the findings there the second finding undue hardship I m assuming what you re leaning towards and I ll let you clarify that is that you re leaning towards since this is the largest property in that immediate area 3 89 acres with a shoreline of 1 169 feet that would be the rational nexus for granting this variance What I m understanding from what you re saying If that helps Larson Is anybody ready to make a motion Laufenburger Yeah I ll try it Undestad Can we have one question answered though just before we do that Larson Yeah Undestad Now the comment you made about having this inspected or looked at is there something in place Aanenson Yes With a variance you can add a reasonable condition so if that s something you wanted to have staff monitor on an annual basis that s fine You can just make that one of the conditions then of the motion Dillon But even if that is a friendly amendment or whatever it is I mean it s up to the City Council to decide Aanenson That s correct You re just recommending for their review that s correct 25 97 Chanhassen Planning Commission May 19 2009 Undestad Yeah Laufenburger You should clarify that that we make recommendations Aanenson She did yeah Laufenburger Did she do that Aanenson I think so yeah Larson Yeah Laufenburger Madam Chair Larson Yes Laufenburger I move that the Planning Commission recommends that the City Council approve Planning Case 09 07 as shown in plans dated April 17 2009 for a 46 foot variance request from the allowed 25 foot cross bar for docks as outlined in the staff report and adopt the attached Findings of Fact letter B for approval with an additional condition that the applicant allows his permanent dock to be inspected by city for review of appearance and fitness of use on an annual basis Larson Do we want to have an end to that Forever I mean do we give a Laufenburger Well by definition the applicant as long as the applicant is the owner of the property because if he sells his property then he s no longer the applicant Larson Got it Okay Do I have a second Dillon Second Larson Okay I ll take a vote Laufenburger moved Dillon seconded that the Planning Commission recommends that the City Council approve Planning Case 09 07 as shown in plans dated April 17 2009 for a 46 foot variance request from the allowed 25 foot cross bar for docks as outlined in the staff report and adopt the attached Findings of Fact as amended with the following condition 1 The applicant allows his permanent dock to be inspected by the City for review of appearance and fitness of use on an annual basis All voted in favor and the motion carried unanimously with a vote of 5 to 0 Larson Motion passes 26 98 Chanhassen Planning Commission May 19 2009 Aanenson For the record Madam Chair for those in the audience This does require a meeting th before the City Council which is scheduled for June 8 so this will be heard at the City Council th on June 8 th Larson June 8 okay Thank you APPROVAL OF MINUTES Commissioner Undestad noted the verbatim and summary minutes of the Planning Commission meeting dated May 5 2009 as presented Acting Chair Larson adjourned the Planning Commission meeting at 8 35 p m Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 27 99 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 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 ib MEMORADUM TO JLS fJ Jerry Ruegemer Recreation Superintendent FROM John W Stutzman Recreation Supervisor DATE May 29 2009 SUBJ Approve Resolution Accepting a 2 000 Donation from KleinBank Chanhassen for the Summer Concert Series PROPOSED MOTION The City Council approves a resolution accepting a 2 000 donation from KleinBank for the Summer Concert Series and staff is directed to prepare a letter of thanks to KleinBank Approval of this item requires a super majority vote of the City Council The City of Chanhassen will present the KleinBank Summer Concert Series which will be returning this summer for its fifth season The program offers 9 concerts with a variety of music genres on Thursdays from June 11 through August 13 in City Center Park Plaza Many cities look to partner with local businesses for sponsorship of these types of events The City s total expense for the summer concert series is 4 000 This amount is included in Fund 1600 of the 2009 Budget KleinBank Chanhassen has generously agreed to contribute 2 000 toward our concert series again this summer RECOMMENDA TION It is staff s recommendation that the City Council approve the attached resolution accepting the 2 000 donation from KleinBank Chanhassen to offset costs associated with the Summer Concert Series Staff will prepare a letter of thanks to KleinBank ATTACHMENT 1 Resolution Chanhassen is a Community for life Providing for Today and Planning for Tomorrow 100 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA DATE Tune 8 2009 RESOLUTION NO 2009 MOTION BY SECONDED BY A RESOLUTION ACCEPTING A DONATION FROM KLEINBANK CHANHASSEN FOR THE SUMMER CONCERT SERIES BE IT RESOLVED THAT THE CHANHASSEN CITY COUNCIL hereby accepts the 2 000 from KleinBank Chanhassen The donation is to be used toward the 2009 Summer Concert Series BE IT FURTHER RESOLVED that city staff is hereby directed to prepare a letter of thanks to Kleinbank Chanhassen for their contribution Passed and adopted by the Chanhassen City Council this 8th day of June 2009 ATTEST Todd Gerhardt City Manager Thomas A Furlong Mayor YES NO ABSENT 101 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO FROM DATE SUBJ 1 Todd Gerhardt City Manager otJ Paul Oehme Dir of Public Works City Engineer J J June 8 2009 Approve Support Letter and Resolutions for Federal Funding Applications 1 Pedestrian Trail Underpass at TH 5 Minnewashta Parkway 2 Reconstruction ofMN 101 from Lyman Boulevard to Pioneer Trail 3 Reconstruction Widening of Lyman Boulevard from Audubon Road North Leg to Powers Boulevard PROPOSED MOTION The City Council approves resolutions and letter of support for Federal Funding application for 1 2 3 Pedestrian Trail Underpass at TH 5 Minnewashta Parkway Reconstruction ofMN 101 from Lyman Boulevard to Pioneer Trail Reconstruction Widening of Lyman Bouleva rd from Audubon Road North Leg to Powers Boulevard City Council approval requires a simple majority vote of the City Council present BACKGROUND In odd numbered years the Metropolitan Council and its Transportation Advisory Board TAB selects projects for federal SAFETEA L V funding in the following programs Surface Transportation Program STP Transportation Enhancements Program TEP and Congestion Mitigation Air Quality CMAQ programs The two year selection process involves solicitation of projects from MnDOT cities counties and transit providers evaluation and ranking of these projects by the Transportation Advisory Board TAB and Technical Advisory Committee and selecting a list of approved projects The Transportation Advisory Board and Metropolitan Council may award approximately 105 million from the STP program and 19 million for the Transportation Enhancements Program Projects can be advanced if the project is completely developed and funds are available Prior to selecting projects the funding level will be reviewed to ensure fiscal balance of the Transportation Improvement Program The selected projects and programs will be programmed for construction or GIENG PAULloGhanItaSUIt4s I ommtmityJifor lifttlddroviding for Today and Planning for Tomorrow 102 Todd Gerhardt June 8 2009 Page 2 implementation in 2013 and 2014 as part of the region s Transportation Improvement Program TIP Notification of applicants to proceed that would be awarded funding is anticipated to occur in early 2010 This year City staff and Carver County have identified three proj ects that are requested the City Council support for submitting an application 1 Pedestrian Trail Underpass at TH 5 Minnewashta Parkway A roadway scoping study was complete in October 2008 on TH 5 for TH 41 to Norwood Young America which identified safety and mobility needs for the corridor Based on that document improvements are being planned for the corridor MnDot is planning to complete a preservation project on TH 5 from Minnewashta Parkway into Victoria in the near future The MnDot project will include some safety improvements however it does not include many of the items that were identified in the scoping document due to funding constraints This application will be applying for grant dollars to include more safety and mobility improvements which if successful may be included with the MnDot preservation project The City has discussed improvements to the intersection of Minnewashta and TH 5 with MnDot as it relates to projects using SAFETEA L V funding Based on these discussions it was determined a trail underpass project would have the best likelihood of being funded based on the grant application criteria Included in the trail underpass would be shouldering improvements and other safely improvements to the intersection A signal system at this intersection is not part of the application The City has discussed this project with the City of Victoria the University of Minnesota Arboretum and Carver County All are in support of the project and will be writing letters of support for the project The agencies feel this underpass is an important link for the region The Arboretum is planning to encourage more pedestrian walk up traffic in the future and the City wants to partner with the Arboretum in their effort The City has also discussed the project with the Church on the comer of Minnewashta Parkway and TH 5 where the underpass would be constructed They too are in support of the project and staff is working with them on a purchase agreement for a small piece of land which will be necessary to construct the underpass The estimated cost of the project is 1 000 000 The grant application requires the applicant fund 20 ofthe construction cost The grant funds do not include project development engineering or construction services cost Staffhas discussed these unfunded costs with the other three agencies and has requested the other parties participate 25 in the cost No agreement has been reached but all parties understand the importance and need for the project Staff will work with the other agencies for funding partnerships if the project is funded 2 Reconstruction ofMN 101 from Lyman Boulevard to Pioneer Trail Staffhas been working with MnDot and Carver County on making improvements to MN 101 from Lyman Boulevard to the Scott County Line The plan that has moved forward is to concentrate on funding construction for the segment of highway g eng paul 060809 bkgd council appv fed funding apps doc 103 Todd Gerhardt June 8 2009 Page 3 between Lyman Boulevard and Pioneer Trail This segment has shown to be the greatest safety problem along MN 101 above the bluff and has less environmental issues then the segment south of Pioneer Trail Also this segment is in the next development expansion area in the City Staff is still planning to work with MnDot and Carver County on the segment south of Pioneer Trail Project Objectives Correct safety deficiencies Improve ability to function as a Minor Arterial Roadway Accommodate future traffic growth associated with greater connectivity with new TH 212 Plan for future local development growth The estimated construction cost of the project is 6 650 000 The grant application requires the applicant fund 20 of the construction cost The grant funds do not include project development right of way acquisition engineering or construction services cost Staffhas discussed these unfunded costs with MnDot and some funds may be available such as the Trunk Highway turn back Staff will work with MnDot and Carver County for funding unfunded cost if the application is successful and grant funds become available 3 Reconstruction Widening of Lyman Boulevard from Audubon North Leg to Powers Boulevard Carver County will be submitting a federal funding grant application for improvements from Lyman Boulevard from Audubon Road to Powers Boulevard A letter of support and resolution are necessary for this application This is the next highest priority for improvement on Lyman Boulevard The roadway upgrade would look similar to the improvements currently being constructed by the Chanhassen High School The estimate construction cost for this segment of roadway is 6 100 000 In the application Carver County will agree to fund the required 20 local funding costs However if the grant funding application is successful Carver County will ask the City of Chanhassen to participate in the cost of the project per the master funding agreement for Lyman Boulevard This is the same agreement that was used for cost participation in the reconstruction of Lyman Boulevard by the Chanhassen High School The City ofChanhassen would be responsible for 45 of the local cost per this agreement Attachments g eng pauI 060809 bkgd council appv fed funding apps doc 104 June 3 2009 Re Reconstruction Widening of Lyman Boulevard Project No 06 03 4 To Whom It May Concern Carver County has contacted the City of Chanhassen asking for support for the reconstruction and widening of Lyman Boulevard from Audubon Road North Leg to Powers Boulevard in the city ofChanhassen This project is needed to better serve the transportation needs of this developing area We support the construction of the proposed project and Carver County s application for federal funding We encourage the Transportation Advisory Board of the Metropolitan Council and the Metropolitan Council to give favorable funding consideration to this project Sincerely CITY OF CHANHASSEN Thomas A Furlong Mayor g eng public 2006 projects 06 03 lyman imp powers to th 41 060809 chanhassen support letter doc 105 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA DATE June 8 2009 RESOLUTION NO 2009 MOTION BY SECONDED BY RESOLUTION IN SUPPORT OF CARVER COUNTY S APPLICATION FOR FEDERAL FUNDING FOR THE RECONSTRUCTION AND WIDENING OF LYMAN BOULEVARD FROM AUDUBON ROAD NORTH LEG TO POWERS BOULEVARD 06 03 4 WHEREAS The City of Chanhassen has been contacted by Carver County regarding support of the reconstruction and widening of Lyman Boulevard from Audubon Road North Leg to Powers Boulevard in the City ofChanhassen and WHEREAS this project is needed to better serve the transportation needs of this developing area NOW THEREFORE BE IT RESOLVED that the City Council supports the Carver County Application for Transportation Enhancement TE Funds for the Reconstruction and Widening of Lyman Boulevard from Audubon Road North Leg to Powers Boulevard in the City of Chanhassen Passed and adopted by the Chanhassen City Council this 8th day of June 2009 ATTEST T odd Gerhardt City Manager Thomas A Furlong Mayor YES NO ABSENT 106 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA DATE June 8 2009 RESOLUTION NO 2009 MOTION BY SECONDED BY RESOLUTION IN SUPPORT OF FEDERAL FUNDING FOR THE RECONSTRUCTION OF MN 101 FROM LYMAN BOULEVARD TO PIONEER TRAIL PW067F4 WHEREAS the segment ofMN 101 from Lyman Boulevard to Pioneer Trail has shown to be the greatest area of safety concerns above the bluff and has less environmental issues then the segment south of Pioneer Trail and WHEREAS this segment is in the next development expansion area in the city and WHEREAS staff continues to work with MnDot and Carver County on project objectives funding and also the segment ofMN 101 south of Pioneer Trail NOW THEREFORE BE IT RESOLVED that the City Council is in support of federal funding for the reconstruction ofMN 101 from Lyman Boulevard to Pioneer Trail PW067f4 Passed and adopted by the Chanhassen City Council this 8th day of June 2009 ATTEST Todd Gerhardt City Manager Thomas A Furlong Mayor YES NO ABSENT 107 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA DATE June 8 2009 RESOLUTION NO 2009 MOTION BY SECONDED BY RESOLUTION IN SUPPORT OF FEDERAL FUNDING FOR THE PEDESTRIAN TRAIL UNDERPASS AT TH 5 AND MINNEW ASHT A PARKWAY PW067B2B WHEREAS a roadway scoping study completed in October 2008 identified safety and mobility needs for the TH 5 corridor and WHEREAS the City has discussed with MnDot improvements to the above referenced intersection as it relates to projects using SAFETEA L V funding and WHEREAS it was detennined a trail underpasss project would have the best likelihood of being funded based on the grant application criteria and WHEREAS no agreement has been reached but all parties involved understand the importance and need for this project and funding partnerships will continue to be discussed NOW THEREFORE BE IT RESOLVED that the City Council is in support of federal funding for the pedestrian trail underpass at TH 5 and Minnewashta Parkway PW067b2b Passed and adopted by the Chanhassen City Council this 8th day of June 2009 ATTEST Todd Gerhardt City Manager Thomas A Furlong Mayor YES NO ABSENT 108 ii L m c J CI o e ot I Lyman Blvd CSAH 18 r o Project Area 0 a c o 0 J 0 J 1 I eN cle Blvd 7 8 rr Federal Grant Application Street Reconstruction Lyman Blvd CSAH 18 from Audubon Rd to Powers Blvd C R 17 City of Chanhassen MN N A 109 Q 0 or f Cc 1 0 0 v I t yA S Cc C Ht ANHAS @J HILLS PARK Y4tAN CT NATURAL RESERVE Project Limits f v v0 1 u HOMESTEAD IN BLUff CREEK GOLF COURSE YM IIES01 c mD e BANDIMERE COMMUNITY PARK e PIONEER TRL 1 W lfl lso A mD L fro f o r z z a LYMAN BLVD 0 OR I J 3 s l G fr EN J1 C W DIf oQ i Il GFIELO eo SUl l i JP C OR iiJ Q 5 J BANDIMERE HEIGHTS PARK TRL i O IfFOO f Q if i EASTWOOO Cr C ANHASSEN o i i O i OO oCc o I 500 I 1 000 I Feet o Project Limits TH 101 Reconstruction from Lyman Boulevard CSAH 18 to Pioneer Trail CSAH 14 STP A Minor Arterial Expander City of Chanhassen Minnesota Figure 2 110 107 200ll J I6I M G ENG JooI Iolinn Qltlto Pl IOMlrlon Cronlng Bos85 dwg Ul 0 r I Sl N Z 0 6 0 DATE REVlSIDNS BY CITY OF CHANHASSEN u o MINNEWASHTA AND TH 5 8 PEDESTRIAN CROSSING FULL VIEW Ul i CITY OF CBANHASSEN I hereby certify that this plan specification or report was prepared by me or under my direct supervlslOfl and that I om 0 duly LIcensed Professional Engineer under the lows of the stole of Minnesota ENGINEERING DEPARTMENT DATE UC NO 111 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us i ci MEMORANDUM TO Todd Gerhardt City Manager FROM Bob Generous Senior Planner DATE t June 8 2009 SUBJ Liberty at Creekside Planning Case 05 24 PROPOSED MOTION The Chanhassen City Council approves a one year extension until May 22 2010 for the preliminary plat for Liberty at Creekside Planning Case 05 24 City Council approval requires a majority vote of City Council EXECUTIVE SUMMARY The developer NDI Minnesota LLC is requesting another one year extension of the preliminary plat for Liberty at Creekside to May 22 2010 This project was originally taken through the development review process by Town Country Homes The extension is necessary due to the current depressed market conditions for residential development and construction and the lack of development on adjacent properties through which access to this property must be made Section 18 41 of the Chanhassen City Code requires that the subdivider request final plat approval within one year of the preliminary plat approval unless a request in writing is submitted to the City requesting for good cause for an extension of the preliminary plat Staff can attest to the slowdown in the residential housing market Additionally the right of way from Bluff Creek Boulevard to the adjacent property has not been dedicated and the recording of the final plat for the Pioneer Pass development immediately west of the site has not been completed which included the right of way providing access to this property The City and developer worked diligently to create a well designed project with diverse housing styles There have been no amendments to the City Code that would adversely affect the conditions of approval forthe Liberty at Creekside development All the conditions of approval shall remain in force for the development All fees were specified as those in effect at the time of final plat approval Staff is recommending approval of the applicant s request for a one year extension to May 22 2010 Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 112 T odd Gerhardt Liberty at Creekside June 8 2009 Page 2 of 3 BACKGROUND On April 28 2008 the Chanhassen City Council approved a second one year extension to the preliminary plat On May 29 2007 the Chanhassen City Council approved a one year extension to the preliminary plat On May 22 2006 the Chanhassen City Council approved the following A Rezoning of the property located within the Liberty at Creekside development with the exception of Outlot A and the Bluff Creek Overlay District Primary Zone Outlot D from Agricultural Estate District A 2 to Planned Unit Development Residential PUD R incorporating the development design standards contained within the staff report B Preliminary Plat for Liberty at Creekside plans prepared by Westwood Professional Services Inc dated June 17 2005 revised February 3 2006 revised April 6 2006 which may also be revised to incorporate lots around each dwelling unit C Site Plan for 146 townhouses plans prepared by Westwood Professional Services Inc dated June 17 2005 revised February 3 2006 and revised April 6 2006 D Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District 113 Todd Gerhardt Liberty at Creekside June 8 2009 Page 3 of3 RECOMMENDATION Staff recommends adoption of the following motion The Chanhassen City Council approves a one year extension until May 22 2010 for the preliminary plat for Liberty at Creekside Planning Case 05 24 ATTACHMENTS 1 Location Map 2 Letter from Peter J Brennan to Bob Generous Dated May 26 2009 3 Reduced Copy Preliminary Plat 4 Reduced Copy Preliminary Sketch Plan 5 2005 Open Space Trail and Development Areas Map g plan 2005 planning cases 05 24 liberty at creekside extension memo preliminary plat 2009 doc 114 Location Map Liberty at Creekside Planning Case No 05 24 1500 Pioneer Trail City of Chanhassen Lyman Blvd cv cv c O 115 May 27 2009 10 40AM FOXFORD No 1522 p 2 NDI MINNESOTA LLC May 26 2009 By Fax and U S Mail 952 227 1110 Robert Generous AICP Senior Planner City of Chanhassen 7700 Market Blvd P O Box 147 Chanhassen MN 55317 RE Liberty at Creek Side Chanhassen Planning Case No 05 24 R quest for Extension Dear Mr Generous On behalf ofNDI Minnesota LLC I am writing to request a one 1 year extension of the preliminary plat appfOval for the Liberty at Creek Side development which I understand would extend the C lrrent approval to May 22 2010 This extension is necessary in light of CUlTent depressed market condition impacting residential development and construction and lack of development on adjoining and nearby parcels Please let me know if you have any questions or require additional information to support the requested extension Very truly yours NDI MINNESOTA LLC 6 Peter J Brennan General Counsel Cc Jocelyn L Knoll 12 Salt Creek Lane Sl ute 200 Hinsdale Illinois 60521 8611 630 887 1705 Fax 630 887 1749 116 1 I t 11 it IU H i i o H I 1 g 4 I 1IJJfl t S l1Si 18 S lflb t IIi S li II II I c e I t c WlIIS 2 11 22 2 a iJ H h ia j J v S J 1 i I L it 1 i 8 i i it i i lff u M e ilL I 5 o o l t 1 ll i t S 2 Sri I 5 100 10 1 s 5ii Eo 111 I n I i f I Ii l ti Ill Ii o S l I 1 a I h n II i I li s 1 HIl fllhUI lj 1 1 1 1 1 I Jim i t l n Jhd Hfdlhillit t st t iiI i f b 2 99 I g III 1 I 1 I I I I r I t 1 2 f v l j d I t f 8 8 I m n 1 J I J I i 1 I i J l J j J S3 W I JOOVlVt OI2OC2 fr UlltlOOZW u 8 e iji I fiJ 5 I EI I I 1 llJl f f II 1 J NI I ii I 1 E II u III II I III li J 117 jH jft 1H IH JH i 8 1 t8 1 t ti i 1 1n c ctc t t t t t J i t itfl S 2 1 I I a I t I t i f tUl if f H j ilh nllhhinJi jjfHI It I ll I a ll t J I 1 n m J B h 11 B 8 Ii b f H 8 h h f i Imm ii H H i 35 0 ti Jill I I I I I 1 l I i n 7 I J nff Q 0 1 I l i f H I II 2 i II r p 1 Ir n 8 J I 1 I II i I 1 1 J N Z Ii IL I T l T lln I t 1t1l v o o y J I r l I yu hi III i X I 1 if f 1 I 1 II Io I WJ I f1D jj 11 i I L f f 0 I 1 v lJ li cc i d I 9 i I 7 1 l n I j I r jr i 0 I I I rL1 l U L r I 1 Jt l i ll c L fl l fr z I q i m U l l n W r J I I Ie 1r If I F i t i f 1 I z J J rr uJ ItJrl f 1 f I i 111 qi4 c Ci g l i I Jc q F 1 Ji i tLJ l 8 0 I i I iJ 11 4 J 1 I 8 E 1l lI 1 J it f C J r l lt 1l b jj 7 e 51 H I H r il rt r IT l i I ji ll l I h 1 1 l t I 1 2 t 0 5 i1 Pt n e U Y i 11 tI J I rt i TI 1 1 3 i r P 1 M X Ii Yi I 1 IUll or i 1 1 I I I T I Iii I I I I llt tt u tt Jrl i X 1 Hi J t II I J I l II J II L1 I I A I I 1 1 P iljJ I 1 d L I JI I Ill 1 J I I C I I V 11 f II tl 7 J I l 1 I II 11 y I L J l I I L dJ U IliI f i 1 1 I lSJ IHlt 6l 11 OllOl2 P lt I d 118 1 j i t z J L y j 1 l J 1 t I II 1 l I I j I I I I 1 UTTERNUT DR 11 r If I J r o I L i I r i 1 Y i h 2005 OPEN SPACE TRAIL DEVELOPMENT AREAS PROPOI DTRAIL C PROPOSED PU SUC OPEN SPACE Cl PROPOSED PUSUC RK PROPOSED PRIVATI PARIUOPU aPACE OAM f 119 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO ie Todd Gerhardt City Manager FROM Bob Generous Senior Planner V y June 8 2009 2 Y DATE SUBJ Final Plat Approval for Apple Tree Estates Planning Case No 09 01 PROPOSAL SUMMARY The applicant is requesting final plat approval for seven lots one outlot and public right of way on 7 43 acres of land located at 8600 Waters Edge Drive The proposed subdivision complies with all the requirements of the RSF district regulations Staff is recommending approval of the final plat for Apple Tree Estates subject to the conditions of the staff report EXISTING CONDITIONS The site contains an existing single family home site on Lake Susan A large shed is located on the south side of the property which shall be removed as part of the subdivision The site slopes from a high point along the east central property line with an elevation of 930 and a high point in the southwest comer of the property with an elevation of 922 to a low point on the lake at elevation 882 There is an area of bluff between the new house location on Lot 2 Block 1 and the lakeshore The top of the bluff follows approximately the 908 contour There are scattered trees throughout the property A double row of apple trees is located down the middle of the site There is a wetland located in the southeast comer of the property adjacent to Waters Edge Drive BACKGROUND On April 13 2009 the Chanhassen City Council approved a seven lot subdivision preliminary plat with a variance for access off a private street for the two lakeshore lots Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 120 Todd Gerhardt Apple Tree Estates June 8 2009 Page 2 of 14 SUBDIVISION REVIEW Apple Tree Estates consists of seven lots one outlot and right of way for Apple Tree Lane and Waters Edge Drive GRADING AND DRAINAGE The majority of the site currently drains overland to Lake Susan The remainder of the site drains to the wetland located on the southeast comer of the site The developer proposes to mass grade the site with the exception of Lots 1 through 3 Block 1 The home on Lot 1 Block 1 will remain on the site and Lots 2 and 3 Block 1 will be custom graded when a home is built on the respective parcel The site presents a challenge with respect to stormwater management A stormwater pond cannot be located near Lake Susan since the bluff area along the shoreline cannot be disturbed A previous plan submitted by the developer included a filtration basin on Lots 2 and 3 Block 1 and connection to the existing storm sewer west of the site Staff did not support this proposal since the filtration basin would have been perched above the existing home west of the development Staff was also concerned that discharge from the filtration basin could have entered into the tuckunder garage on the property to the west of the development All of Lots 1 through 3 Block 1 and the majority of Lots 4 through 6 Block 1 will drain overland to Lake Susan The public street and Lot 1 Block 2 will drain to the proposed pond adjacent to the wetland The developer has submitted hydrology calculations which models back to back 100 year events as required by the Chanhassen City Code According to the grading plan the emergency overflow EOF for the wetland is 904 45 feet which is located on the gravel driveway to the east of wetland Ideally an EOF discharges to an area that is within a drainage and utility easement however this proposal is unique in that the area surrounding the development is already developed and the flow pattern from the overland EOF is fixed Based on the hydrology calculations the wetland elevation should not exceed the EOF elevation for any of the events modeled SURFACE WATER MANAGEMENT PLAN SWMP CONNECTION CHARGES Water Quality Fees The water quality fees for this proposed development are based on single family residential rates of 2 360 per acre Total area less that portion which is within stormwater pond wetland and public right of way equals 5 744 acres Therefore the water quality fees associated with this project are 19 587 04 121 Todd Gerhardt Apple Tree Estates June 8 2009 Page 3 of 14 Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city wide rate for the installation of water quantity systems This cost includes land acquisition proposed SWMP culverts open channels and stormwater ponding areas for runoff storage Single family residential developments have a connection charge of 2 360 per developable acre This results in a water quantity fee of approximately 13 555 84 for the proposed development SWMP Credits This project proposes the construction of one NURP pond The applicant will be credited for 50 of the water quality charge for each acre draining to the NURP pond on site Subcatchment 1 drains to the NURP pond and has a watershed area of 2 85 acres This is equivalent to a water quality credit of 5 677 65 The developer proposes one outlet structure with energy dissipation BMPs This structure results in a 2 500 credit At this time the estimated total SWMP fee due payable to the City at the time of final plat recording is 24 965 23 STREETS AND ACCESS The property is adjacent to Waters Edge Drive which was reconstructed by the Minnesota Department of Transportation MnDOT in conjunction with the Highway 101 realignment in 2006 Waters Edge Drive is still under MnDOT jurisdiction and will be turned back to the City of Chanhassen later this year As such the developer is required to obtain the appropriate permits from MnDOT to construct the local street connection The developer proposes to construct a public cul de sac with the development The proposed street will connect to Waters Edge Drive at the approximate location of the existing driveway A portion of the existing driveway alignment to Lot 1 Block 1 will remain and will be surfaced with bituminous This driveway will also provide access to Lot 2 Block 1 therefore it must meet a seven ton design A building permit for Lot 2 Block 1 may be issued prior to installation of the public street and utilities A final Certificate of Occupancy will not be granted until the public utilities are in and the first lift of asphalt has been installed on the street The developer must submit a plan showing how access to the existing home on Lot 1 Block 1 and the proposed home on Lot 2 Block 1 will be maintained throughout construction 122 Todd Gerhardt Apple Tree Estates June 8 2009 Page 4 of 14 RETAINING WALLS The developer proposes to construct a retaining wall on the east side of the cul de sac within the right of way The maximum height of this retaining wall is 3 5 feet Retaining walls over four feet high require a building permit and must be designed by an Engineer registered in the State of Minnesota UTILITIES The developer proposes to extend eight inch diameter public watermain from the existing watermain within Waters Edge Drive Based on the location and alignment of the existing watermain it does not appear that the watermain connection will require cutting into Waters Edge Drive Eight inch diameter public sanitary sewer is to extend from the existing sanitary sewer to the west of the property and within the proposed public cul de sac The sanitary sewer will extend between Lots 3 and 4 Block 1 then south within the proposed public street The existing sanitary sewer lies within a drainage and utility easement over a private driveway The developer must notify the affected property owners a minimum of seven days before mobilizing to complete the sanitary sewer connection The developer must ensure that the property owners will have access while the utility crew is working in the area A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition An outside drop must be constructed at the proposed sanitary sewer connection The sanitary sewer service for Lot 2 Block 1 is proposed to extend from the existing sanitary sewer along the west property line Lot 1 Block 1 is currently serviced by the lateral that extends along the shore of Lake Susan The service for Lot 3 Block 1 will extend from the proposed lateral along the common lot line with Lot 4 The remaining lots will be serviced from the proposed lateral within the public street A portion of the City water and sanitary sewer hook up fee must be paid with the final plat and is calculated as follows Water 6 new units x 1 526 unit 9 156 Sanitary sewer 6 new units x 568 unit 3 408 The developer proposes to install storm sewer and catch basins at the low point of the public street The storm sewer will extend to the proposed pond Storm sewer will extend to the southeast comer of Lot 6 Block 1 to capture off site drainage 123 Todd Gerhardt Apple Tree Estates June 8 2009 Page 5 of 14 P ARKS AND RECREATION This property is located within the neighborhood park service area for Chanhassen Hills Park Future residents of Apple Tree Estates are afforded access to the park via the Waters Edge Drive pedestrian trail that connects to neighborhood streets in the Chanhassen Hills subdivision Chanhassen Hills Park is 7 7 acres in size and features a playground picnic area sand volleyball trails skating rink basketball court and a ballfield Off street parking is available at the park The playground was updated and expanded within the past few years No additional parkland acquisition is being recommended as a condition of this subdivision TRAILS The subject site has direct access to the Waters Edge Drive pedestrian trail No additional trail construction is being recommended as a condition of this subdivision Full park and recreation fees shall be collected for each new lot at the time of final plan recording The fees shall be 34 800 00 6 x 5 800 MISCELLANEOUS Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued Engineered design and building permits are required for retaining walls exceeding four feet in height Demolition permits must be obtained before demolishing any structures Existing home s affected by new street cul de sac will require address changes COMPLIANCE TABLE Lot Area non Frontage Lake riparian Depth riparian square regular private feet Frontage Notes feet street feet feet Code 15 000 20 000 90 100 125 90 0 344 0 459 ac respectively L1 Bl 76 393 120 at bldg 530 179 at 1 754 ac Riparian lot setback survey line existing house access via private street L2 Bl 77 206 100 at bldg 475 206 at 1 772 ac Riparian lot setback survey line bluff 30 foot setback access via private street L3 Bl 19 035 140 169 NA 0 437 ac 124 Todd Gerhardt Apple Tree Estates June 8 2009 Page 6 of 14 Lot Area non Frontage Lake riparian Depth riparian square regular private feet Frontage Notes feet street feet feet UBI 18 618 100 188 NA 0 427 ac L5 Bl 18 673 100 186 NA 0 429 ac L6Bl 18 884 107 202 NA 0 434 ac Ll B2 20 790 133 173 NA 0 477 ac Corner lot Outlot A 28 302 0 65 ac Storm water pond and wetland ROW 45 500 1 04 acres TOTAL 323 856 7 434 acres REVIEW CONDITIONS OF APPROVAL 1 Additional six inch address numbers will be required at the entrance to the driveway of Lots 1 and 2 Block 1 where it comes off the cul du sac This condition still applies 2 Additional six inch address numbers will be required at the driveway where it splits between Lots 1 and 2 Block 1 This condition still applies 3 Contact Chanhassen Fire Marshal for exact locations and numbering requirements This condition still applies 4 No burning permits will be issued for trees to be removed Trees and scrubs must be removed from site or chipped This condition still applies 5 A three foot clear space must be maintained around fire hydrants and nothing be placed in front of the outlets to hinder firefighting operations MN Fire Code Sec 508 5 4 This condition still applies 6 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 MN Fire Code Sec 501 4 This condition still applies 125 Todd Gerhardt Apple Tree Estates June 8 2009 Page 7 of 14 7 Temporary street signs are required to be installed as soon as construction begins Signs shall be of an approved size weather resistant and be maintained until replaced by permanent signs MN Fire Code Sec 505 2 This condition still applies 8 A 30 foot wide private easement cross access and maintenance agreement must be submitted for the private street This condition still applies 9 Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued This condition still applies 10 Retaining walls over four feet high require a building permit and must be designed by an Engineer registered in the State of Minnesota This condition still applies 11 Each lot must be provided with a separate sewer and water service This condition has been met 12 Demolition permits must be obtained before demolishing any structures This condition still applies 13 Existing home s affected by the new street cul de sac will require address changes This condition still applies 14 The existing shed on proposed Lots 4 5 and 6 Block 1 Apple Tree Estates must be removed concurrently with the installation of the street improvements This condition still applies 15 Full park fees in lieu of parkland dedication and or trail construction shall be collected as a condition of approval for Apple Tree Estates The park fees shall be collected in full for all new homes at the rate in force upon final plat submission and approval This condition shall be modified as follows Full park fees in the amount of 34 800 00 shall be collected in full prior to the final plat recording 126 Todd Gerhardt Apple Tree Estates June 8 2009 Page 8 of 14 16 Applicant shall remove Colorado spruce from the planting list and transfer the quantity to other evergreens in the Plant Schedule or add a third evergreen species A revised planting list shall be submitted to the city This condition still applies 17 All trees proposed to be preserved shall be protected by tree preservation fencing Fencing shall be installed prior to site development or grading and excavation for homes on each lot Any trees shown as preserved on plans dated 1 15 09 and revised 2 25 09 must be replaced at a rate of 2 1 diameter inches if removed This condition still applies 18 The applicant shall locate the existing row of trees along the east side of Apple Tree Lane north of Lot 1 Block 2 relative to the proposed retaining wall and develop a plan to protect the trees The survey and plan shall be submitted to the city for approval This condition shall be modified as follows The applicant shall locate the existing row of trees along the east side of Apple Tree Lane north of Lot 1 Block 2 relative to the proposed retaining wall and develop a plan to protect the trees and confirm their structural integrity The survey and plan shall be submitted to the city for approval before a notice to proceed is issued 19 The building permit survey for Lot 2 Block 1 shall include the tree survey for the lot Any additional tree removal on the lot greater than what is shown on subdivision plans dated1 15 09 revised 2 25 09 will need prior approval from the city and additional plantings may be required This condition still applies 20 The applicant shall revise the landscape plan to show river birch and balsam fir or black spruce near the wetland rather than red oak and white spruce This condition still applies 21 The plans and hydrology calculations must be revised so that the pond will hold back to back 100 year storms This condition has been met 22 Correct the location and elevation of the wetland emergency overflow This condition has been met 127 Todd Gerhardt Apple Tree Estates June 8 2009 Page 9 of 14 23 A piped EOF is required for the wetland The developer s engineer shall examine possible locations for this connection and work with and obtain the necessary permission from the property owner agency This condition has been met 24 The driveway grades for Lot 3 Block 1 must be adjusted so that there is positive drainage along the entire driveway This condition no longer applies 25 A building permit for Lot 2 Block 1 may be issued prior to installation of the public street and utilities A final Certificate of Occupancy will not be granted until the public utilities are in and the first lift of asphalt has been installed on the street This condition still applies 26 The developer must submit a plan showing how access to the existing home on Lot 1 Block 1 and the proposed home on Lot 2 Block 1 will be maintained throughout construction This condition still applies 27 The top and bottom of wall elevations must be shown on the plans This condition has been met 28 The plan must show the existing trees on the property to the east of the development adjacent to the proposed retaining wall The plans must be revised so that the off site trees to the east of the development are not impacted with the retaining wall construction This condition has been met 29 The developer is required to obtain the appropriate permits from MnDOT to construct the local street connection This condition still applies 30 The developer must notify the affected property owners a minimum of seven days before mobilizing to complete the sanitary sewer connection This condition still applies 31 A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition This condition still applies 128 Todd Gerhardt Apple Tree Estates June 8 2009 Page 10 of 14 32 The storm sewer between the public street and the pond must be shifted to either the north or south property line of Lot 1 Block 2 to eliminate the drainage and utility easement through the property This condition has been met 33 Any excavation within the wetland cannot result in a maximum inundation greater than six 6 feet in depth This condition has been met 34 The finished bottom of the wetland shall be undulating providing varying depths This condition has been met 35 Side slopes shall be no greater than 5 1 on average and no greater that 3 5 1 in any location This condition has been met 36 Bottom of the wetland shall have a minimum 0 8 feet of organic soil materials or otherwise hydric soils This condition has been met 37 A vegetation establishment plan must be developed and implemented for the wetland and the buffer area In the event that no excavation occurs within the wetland a vegetation management plan need only be developed and implemented for the buffer area This condition still applies 38 Sequencing of erosion control measures need to be incorporated into the plan This includes placement of perimeter controls prior to earth disturbing activities and excavation of the pond during the initial grading activities to be used as a temporary basin This condition still applies 39 Silt fence must be included down gradient of all exposed soils This condition still applies 40 Inlet protection shall be required within 24 hours of setting the structures on site This condition has been met 129 Todd Gerhardt Apple Tree Estates June 8 2009 Page 11 of 14 41 Erosion and sedimentation BMPs must be placed to protect the structures in Waters Edge Dri ve This condition has been met 42 A concrete washout area needs to be shown on the plan and must comply with the NPDES permit requirements This condition has been met 43 A rock construction entrance at least 75 feet in length must be indicated on the plan This condition has been met 44 An NPDES Permit will be required for the project This must be obtained prior to commencement of any earth disturbing activities This condition still applies 45 The pond and wetland should be put into an Outlot This will result in a further reduction of SWMP fees That portion of Lot 1 Block 2 east of the westerly normal water level elevation for the stormwater pond shall be included in a separate Outlot to facility pond maintenance This condition has been met 46 City staff shall work with the applicant to make sure that the new proposal for drainage meets the City of Chanhassen Engineering Department s requirements including a The lOa year storm event must be stored on site This requirement presents a challenge because of the elevation of the culvert under the neighbor s driveway to the wetland b The peak elevation noted for the back to back lOa year storms is higher than the driveway to the east c The exfiltration assumption used in the model must be verified d The discharge pipe must meet the minimum pipe slope requirement This condition has been met Based on review of the final plans staff is recommending the following conditions be added 1 The developer must ensure that adjacent property owners will have reasonable access to their property while the utility crew connects to the existing sanitary sewer A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition 130 Todd Gerhardt Apple Tree Estates June 8 2009 Page 12 of 14 2 An outside drop must be constructed at the proposed sanitary sewer connection 3 A portion of the City water and sanitary sewer hookup charges must be paid with the final plat and is calculated as follows Water 6 new units x 1 526 unit 9 156 Sanitary sewer 6 new units x 568 unit 3 408 RECOMMENDATION Staff recommends that the City Council adopt the following motion The Chanhassen City Council approves the final plat for Apple Tree Estates creating seven lots one outlot and public right of way plans prepared by Plowe Engineering me dated 5 4 09 subject to the following conditions 1 Additional six inch address numbers will be required at the entrance to the driveway of Lots 1 and 2 Block 1 where it comes off the cul du sac 2 Additional six inch address numbers will be required at the driveway where it splits between Lots 1 and 2 Block 1 3 Contact Chanhassen Fire Marshal for exact locations and numbering requirements 4 No burning permits will be issued for trees to be removed Trees and scrubs must be removed from site or chipped 5 A three foot clear space must be maintained around fire hydrants and nothing be placed in front of the outlets to hinder firefighting operations MN Fire Code Sec 508 5 4 6 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 MN Fire Code Sec 501 4 7 Temporary street signs are required to be installed as soon as construction begins Signs shall be of an approved size weather resistant and be maintained until replaced by permanent signs MN Fire Code Sec 505 2 8 A 30 foot wide private easement cross access and maintenance agreement must be submitted for the private street 9 Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued 131 Todd Gerhardt Apple Tree Estates June 8 2009 Page 13 of 14 10 Retaining walls over four feet high require a building permit and must be designed by an Engineer registered in the State of Minnesota 11 Demolition permits must be obtained before demolishing any structures 12 Existing home s affected by the new street cul de sac will require address changes 13 The existing shed on proposed Lots 4 5 and 6 Block 1 Apple Tree Estates must be removed concurrently with the installation of the street improvements 14 Full park fees in the amount of 34 800 00 shall be collected in full prior to the final plat recording 15 Applicant shall remove Colorado spruce from the planting list and transfer the quantity to other evergreens in the Plant Schedule or add a third evergreen species A revised planting list shall be submitted to the city 16 All trees proposed to be preserved shall be protected by tree preservation fencing Fencing shall be installed prior to site development or grading and excavation for homes on each lot Any trees shown as preserved on plans dated 1 15 09 and revised 2 25 09 must be replaced at a rate of 2 1 diameter inches if removed 17 The applicant shall locate the existing row of trees along the east side of Apple Tree Lane north of Lot 1 Block 2 relative to the proposed retaining wall and develop a plan to protect the trees and confirm their structural integrity The survey and plan shall be submitted to the city for approval before a notice to proceed is issued 18 The building permit survey for Lot 2 Block 1 shall include the tree survey for the lot Any additional tree removal on the lot greater than what is shown on subdivision plans dated1 15 09 revised 2 25 09 will need prior approval from the city and additional plantings may be required 19 The applicant shall revise the landscape plan to show river birch and balsam fir or black spruce near the wetland rather than red oak and white spruce 20 A building permit for Lot 2 Block 1 may be issued prior to installation of the public street and utilities A final Certificate of Occupancy will not be granted until the public utilities are in and the first lift of asphalt has been installed on the street 21 The developer must submit a plan showing how access to the existing home on Lot 1 Block 1 and the proposed home on Lot 2 Block 1 will be maintained throughout construction 22 The developer is required to obtain the appropriate permits from MnDOT to construct the local street connection 132 Todd Gerhardt Apple Tree Estates June 8 2009 Page 14 of 14 23 The developer must notify the affected property owners a minimum of seven days before mobilizing to complete the sanitary sewer connection 24 A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition 25 A vegetation establishment plan must be developed and implemented for the wetland and the buffer area In the event that no excavation occurs within the wetland a vegetation management plan need only be developed and implemented for the buffer area 26 Sequencing of erosion control measures need to be incorporated into the plan This includes placement of perimeter controls prior to earth disturbing activities and excavation of the pond during the initial grading activities to be used as a temporary basin 27 Silt fence must be included down gradient of all exposed soils 28 An NPDES Permit will be required for the project This must be obtained prior to commencement of any earth disturbing activities 29 The developer must ensure that adjacent property owners will have reasonable access to their property while the utility crew connects to the existing sanitary sewer A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition 30 An outside drop must be constructed at the proposed sanitary sewer connection 31 A portion of the City water and sanitary sewer hookup charges must be paid with the final plat and is calculated as follows a Water 6 new units x 1 526 unit 9 156 b Sanitary sewer 6 new units x 568 unit 3 408 32 Total SWMP fees due at final plat are 24 965 23 ATTACHMENTS 1 Location Map 2 Reduced Copy Pinal Plat g plan 2009 planning cases 09 01 apple tree estates final plat documents staff report doc 133 Location Map Subject Property Highlighted in Yellow Apple Tree Estates 8600 Waters Edge Drive Planning Case 2009 01 II I SUBJECT PROPERTY 134 i i i 1 i J i I I c J m j nil i i L l i I f o II I 1l l i i g @ ml O o ie I o z Z 0 8 m 2 z ml g ii n i J f ri E I lil1 2 z 0 z I h Q i 3 0 Zoo c s 0 5 0 g c o o15 g tI gi l j i J j i l if II 52 b l i s Eo 1 0 5 go5 i m h 5 6 m i 0 0 So J I d E Ii g 0 f I lz il i j i i v s I I 15 r 5 I I W I 1 I I I I J I J I I I I I I I I J 0 18 n W Sn9Zj 1l i lO QON r I I h lI00 I I rt J l5 i I I I i I u JI iiil il 1 E H 5 i s ili C Qv l mil i Im I Ii i 05 ag 530 21 J I i H o il il u H i I z 0 j Ail J j J 1 0 1 i i ii J i j I l III 5 I i 8 5ir IP II f i i o i III i I I i e I IL 135 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us ie MEMORANDUM b TO Paul Oehme Director of Public Works City Enginee 0 FROM A Alyson Fauske Assistant City Engineer Q t J J June 8 2009 DATE SUBJECT Approve Development Contract and Construction Plans and Specifications for Apple Tree Estates PROPOSED MOTION The City Council is recommended to approve the development contract and the construction plans and specifications for Apple Tree Estates conditioned upon the following 1 The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit for 511 194 53 and pay a cash fee of 86 274 75 2 The applicant s engineer shall work with City staff in revising the construction plans to meet City standards City Council approval requires a simple majority vote of the City Council present The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications A 511 194 53 financial security is required to guarantee compliance with the terms of the development contract relating to the installation of public streets and utilities one year of public street light operating costs engineering surveying inspection landscaping and payment of special assessments The cash fees for this project total 86 274 75 City funds are not needed as part of this private development project The applicant has also submitted detailed construction plans and specifications for staff review and City Council approval Staff has reviewed the plans and specifications and finds the plans still need some minor modifications Staff requests that the City Council grant staff the flexibility to administratively approve the plans after working with the applicant s engineer to modifY the plans accordingly The plans and specifications are available for review in the Engineering Department Attachments Development Contract c Plowe Engineering G ENG PROJECTS A E Apple Tree Estates 06 08 09 approve dC docx Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 136 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA APPLE TREE ESTATES DEVELOPMENT CONTRACT Developer Installed Improvements 137 TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1 REQUEST FOR PLAT APPROV AL SP l 2 CONDITIONS OF PLAT APPROVAL SP l 3 DEVELOPMENT PLANS SP l 4 IMPROVEMENTS SP 2 5 TIME OF PERFORMANCE SP 2 6 SECURITy SP 2 7 NOTICE SP 3 8 OTHER SPECIAL CONDITIONS SP 3 9 GENERAL CONDITIONS SP 7 GENERAL CONDITIONS 1 RIGHT TO PROCEED GC l 2 PHASED DEVELOPMENT GC l 3 PRELIMINARY PLAT STATUS GC l 4 CHANGES IN OFFICIAL CONTROLS GC l 5 IMPROVEMENTS GC l 6 IRON MONUMENTS GC 2 7 LICENSE GC 2 8 SITE EROSION AND SEDIMENT CONTROL GC 2 8A EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING GC 2 9 CLEAN UP GC 3 10 ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS GC 3 11 CLAIMS GC 3 12 PARK DEDICATION GC 3 13 LANDSCAPING GC 3 14 WARRANTy GC 4 15 LOT PLANS GC 4 16 EXISTING ASSESSMENTS GC 4 17 HOOK UP CHARGES GC 4 18 PUBLIC STREET LIGHTING GC 4 19 SIGNAGE GC 5 20 HOUSE PADS GC 5 21 RESPONSIBILITY FOR COSTS GC 5 22 DEVELOPER S DEFAULT GC 6 22 MISCELLANEOUS A Construction Trailers GC 6 B Postal Service GC 7 C Third Parties GC 7 D Breach of Contract GC 7 1 138 E Severability GC 7 F Building Permits GC 7 G Waivers Amendments GC 7 H Release GC 7 1 Insurance GC 7 J Remedies GC 8 K Assignability GC 8 L Construction Hours GC 8 M Noise Amplification GC 8 N Access GC 8 O Street Maintenance GC 8 P Storm Sewer Maintenance GC 9 Q Soil Treatment Systems GC 9 R Variances GC 9 S Compliance with Laws Ordinances and Regulations GC 9 T Proof of Title GC 9 U Soil Conditions GC I 0 V Soil Correction GC I 0 W Haul Routes GC I 0 X Development Signs GC I 0 Y Construction Plans GC I 0 Z As Built Lot Surveys GC II ii 139 CITY OF CHANHASSEN DEVELOPMENT CONTRACT Developer Installed Improvements APPLE TREE ESTATES SPECIAL PROVISIONS AGREEMENT dated June 22 2009 by and between the CITY OF CHANHASSEN a Minnesota municipal corporation the City and Apple Tree Estates LLC a Limited Liability Company the Developer 1 Request for Plat Approval The Developer has asked the City to approve a plat for Apple Tree Estates referred to in this Contract as the plat The land is legally described on the attached Exhibit A 2 Conditions of Plat Approval The City hereby approves the plat on condition that the Developer enter into this Contract furnish the security required by it and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat 3 Development Plans The plat shall be developed in accordance with the following plans The plans shall not be attached to this Contract With the exception of Plan A the plans may be prepared subject to City approval after entering the Contract but before commencement of any work in the plat If the plans vary from the written terms of this Contract the written terms shall control The plans are Plan A Final plat approved June 22 2009 prepared by Plowe Engineering Inc Plan B Grading Drainage and Erosion Control Plan dated June 22 2009 prepared by Plowe Engineering Inc Plan C Plans and Specifications for Improvements dated June 22 2009 prepared by Plowe Engineering Inc Plan D Landscape Plan dated June 22 2009 prepared by Plowe Engineering Inc SP l 140 4 Improvements The Developer shall install and pay for the following A Sanitary Sewer System B Water System C Storm Water Drainage System D Streets E Concrete Curb and Gutter F Street Lights G Site Grading Restoration H Underground Utilities e g gas electric telephone CATV 1 Setting of Lot and Block Monuments J Surveying and Staking K Landscaping L Erosion Control 5 Time of Performance The Developer shall install all required improvements except for the wear course on public streets by November 15 2009 The Developer may however request an extension of time from the City Engineer If an extension is granted it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date 6 Security To guarantee compliance with the terms of this Contract payment of special assessments payment of the costs of all public improvements and construction of all public improvements the Developer shall furnish the City with a letter of credit in the form attached hereto from a bank acceptable to the City or cash escrow security for 511 194 53 The amount of the security was calculated as 110 of the following Sub total Construction Costs 191 585 50 32 251 50 39 104 00 64 184 00 95 225 75 4 000 00 426 350 75 Site Grading Erosion Control Restoration Sanitary Sewer Watermain Storm Sewer Drainage System including cleaning and maintenance Streets Street lights and signs Sub total Other Costs 29 844 55 8 527 00 38 371 55 Engineering surveying and inspection 7 of construction costs Landscaping 2 of construction costs TOTAL COST OF PUBLIC IMPROVEMENTS 464 722 30 SECURITY AMOUNT 110 of 464 722 30 511 194 53 II SP 2 141 This breakdown is for historical reference it is not a restriction on the use of the security The security shall be subject to the approval of the City The City may draw down the security without notice for any violation of the terms of this Contract If the required public improvements are not completed at least thirty 30 days prior to the expiration of the security the City may also draw it down If the security is drawn down the draw shall be used to cure the default With City approval the security may be reduced from time to time as fmancial obligations are paid but in no case shall the security be reduced to a point less than 10 of the original amount until 1 all improvements have been completed 2 iron monuments for lot comers have been installed 3 all fmancial obligations to the City satisfied 4 the required record plans have been received by the City 5 a warranty security is provided and 6 the public improvements are accepted by the City 7 Notice Required notices to the Developer shall be in writing and shall be either hand delivered to the Developer its employees or agents or mailed to the Developer by registered mail at the following address Neil Klingelhutz Apple Tree Estates LLC 9731 Meadowlark Lane Chanhassen MN 55317 Phone 612 685 5580 Notices to the City shall be in writing and shall be either hand delivered to the City Manager or mailed to the City by certified mail in care of the City Manager at the following address Chanhassen City Hall 7700 Market Boulevard P O Box 147 Chanhassen Minnesota 55317 Telephone 952 227 1100 8 Other Special Conditions A SECURITIES AND FEES 1 A 511 194 53 letter of credit or escrow for the developer installed improvements 2 The 86 274 75 cash administration fee and the fully executed development contract must be submitted and shall be submitted prior to scheduling a pre construction meeting The cash fee was calculated as follows SP 3 142 Administration Fee 3 of 426 350 75 Street Lighting Charge for electricity 2 lights x 300 light Final Plat Process GIS Fee 25 plat lO parcel x 8 parcels Surface Water Management Fee 12 790 52 600 00 450 00 105 00 Quality 5 744 ac x 3 41O ac 19 587 04 Quantity 5 744 ac x 2 360 ac 13 555 84 Credit Storm Water Pond 50 of3 33 ac x 3 41O ac 5 677 65 Credit Outlet Structure Park Fee 5 800 unit x 6 units Sewer Hookup Fee 6 units x 568 unit Water Hookup Fee 6 units x 1 526 unit 2 500 00 24 965 23 34 800 00 3 408 00 9 156 00 86 274 75 Total Cash Fees B CONDITIONS OF APPROVAL 1 Planning Department a A 30 foot wide private easement cross access and maintenance agreement must be submitted for the private street b The existing shed on proposed Lots 4 5 and 6 Block 1 Apple Tree Estates must be removed concurrently with the installation of the street improvements 2 Building Official a Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued b Retaining walls over four feet high require a building permit and must be designed by an Engineer registered in the State of Minnesota c Demolition permits must be obtained before demolishing any structures d Existing home s affected by the new street cul de sac will require address changes SP 4 143 3 Fire Marshal a Additional six inch address numbers will be required at the entrance to the driveway of Lots 1 and 2 Block 1 where it comes off the cul du sac b Additional six inch address numbers will be required at the driveway where it splits between Lots 1 and 2 Block 1 c Contact Chanhassen Fire Marshal for exact locations and numbering requirements d No burning permits will be issued for trees to be removed Trees and scrubs must be removed from site or chipped e A three foot clear space must be maintained around fire hydrants and nothing be placed in front of the outlets to hinder firefighting operations MN Fire Code Sec 508 5 4 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 MN Fire Code Sec 501 4 g Temporary street signs are required to be installed as soon as construction begins Signs shall be of an approved size weather resistant and be maintained until replaced by permanent signs MN Fire Code Sec 505 2 4 Engineering a A building permit for Lot 2 Block 1 may be issued prior to installation of the public street and utilities A final Certificate of Occupancy will not be granted until the public utilities are in and the first lift of asphalt has been installed on the street b The developer must submit a plan showing how access to the existing home on Lot 1 Block 1 and the proposed home on Lot 2 Block 1 will be maintained throughout construction c The developer is required to obtain the appropriate permits from MnDOT to construct the local street connection d The developer must notify the affected property owners a minimum of seven days before mobilizing to complete the sanitary sewer connection e The developer must ensure that adjacent property owners will have reasonable access to their property while the utility crew connects to the existing sanitary sewer A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition f An outside drop must be constructed at the proposed sanitary sewer connection SP 5 144 g A portion of the City water and sanitary sewer hookup charges must be paid with the final plat and is calculated as follows Water 6 new units x 1 526 unit 9 156 Sanitary sewer 6 new units x 568 unit 3 408 5 Water Resources a A vegetation establishment plan must be developed and implemented for the wetland and the buffer area In the event that no excavation occurs within the wetland a vegetation management plan need only be developed and implemented for the buffer area b Sequencing of erosion control measures need to be incorporated into the plan This includes placement of perimeter controls prior to earth disturbing activities and excavation of the pond during the initial grading activities to be used as a temporary basin c Silt fence must be included down gradient of all exposed soils d An NPDES Permit will be required for the project This must be obtained prior to commencement of any earth disturbing activities e Total SWMP fees due at final plat are 24 965 23 6 City Forester a Applicant shall remove Colorado spruce from the planting list and transfer the quantity to other evergreens in the Plant Schedule or add a third evergreen species A revised planting list shall be submitted to the city b All trees proposed to be preserved shall be protected by tree preservation fencing Fencing shall be installed prior to site development or grading and excavation for homes on each lot Any trees shown as preserved on plans dated 1 15 09 and revised 2 25 09 must be replaced at a rate of 2 1 diameter inches if removed c The applicant shall locate the existing row of trees along the east side of Apple Tree Lane north of Lot I Block 2 relative to the proposed retaining wall and develop a plan to protect the trees and confirm their structural integrity The survey and plan shall be submitted to the city for approval before a notice to proceed is issued d The building permit survey for Lot 2 Block 1 shall include the tree survey for the lot Any additional tree removal on the lot greater than what is shown on subdivision plans dated 1 1 5 09 revised 2 25 09 will need prior approval from the city and additional plantings may be required e The applicant shall revise the landscape plan to show river birch and balsam fir or black spruce near the wetland rather than red oak and white spruce 7 Parks and Recreation a Full park fees in the amount of 34 800 00 shall be collected in full prior to the final plat recording SP 6 145 9 General Conditions The general conditions of this Contract are attached as Exhibit B and incorporated herein SP 7 146 CITY OF CHANHASSEN BY Thomas A Furlong Mayor SEAL AND Todd Gerhardt City Manager APPLE TREE ESTATES LLC BY STATE OF MINNESOTA ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this day of 2009 by Thomas A Furlong Mayor and by Todd Gerhardt City Manager of the City of Chanhassen a Minnesota municipal corporation on behalf of the corporation and pursuant to the authority granted by its City Council NOTARY PUBLIC STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2009 by Apple Tree Estates LLC on behalf of the company NOTARY PUBLIC DRAFTED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 SP 8 147 EXHIBIT A TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY TRACT 1 DESCRIPTION Outlot A Chanhassen Hills 1 st Addition as recorded in the Registrar of Titles office Carver County Minnesota also including that part of Government Lot 3 in Section 14 Township 116 Range 23 lying westerly of the easterly 245 00 feet of said Government Lot 3 and easterly of the following described line Commencing at the Northeast comer of the Northeast of Section 23 Township 116 Range 23 thence on an assumed bearing of S880 11 38 W along the north line of the Northeast of said Section 23 a distance of245 01 feet of the west line of the east 245 00 feet of said Government Lot 3 thence N 2057 46 W along said west line a distance of 487 30 feet to the point of beginning of the line to be described thence N 25046 46 W a distance of 116 3 feet to the shore line of Lake Susan thence easterly along said shore line to the intersection point with the west line of the east 245 00 feet of said Government Lot 3 and there terminating All in Carver County Minnesota Subject to roads and easements of records AND the easterly 245 00 feet of Government Lot 3 in Section 14 Township 116 Range 23 TRACT 2 DESCRIPTION The easterly 244 99 feet of the northerly 261 81 feet ofthe Northeast Quarter of the Northeast Quarter of Section 23 Township 116 Range 23 subject to the State Highway No 101 all in Carver County TRACT 3 DESCRIPTION Part ofthe Northwest Quarter of the Northwest Quarter of Section 24 Township 116 Range 23 Carver County Minnesota described as follows Beginning at the northwest comer of the Northwest Quarter of said Section 24 thence on an assumed bearing of South 89 degrees 19 minutes 43 seconds East along the North line of said Northwest Quarter 338 00 feet thence South 25 degrees 26 minutes 43 seconds East 128 38 feet to the centerline of State Highway Number 101 thence westerly along said centerline along a non tangential curve that is concave to the north said curve having a central angle of 09 degrees 11 minutes 57 seconds a radius length of 621 15 feet an arc length of 99 73 feet a chord bearing of South 74 degrees 12 minutes 13 seconds West and a chord length of99 62 feet thence South 79 degrees 38 minutes 53 seconds West along said centerline and tangent to last described curve 163 44 feet thence southwesterly along said centerline along a tangential curve that is concave to the southeast said curve having a central angle of 19 degrees 36 minutes 53 seconds a radius length of231 87 feet an arc length of 79 38 feet thence continuing southwesterly along said centerline along a compound curve that is concave to the southeast said curve having a central angle of 52 degrees 18 minutes 23 seconds a radius length of 127 60 feet an arc length of 116 49 feet a chord bearing ofSotuh 33 degrees 34 minutes 37 seconds West a chord length of 112 49 feet to the West line of said Northwest Quarter thence North 00 degrees 01 minute 33 seconds West along said West line 297 33 feet to the point of beginning This tract is subject to any and all easements of record 148 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property the development of which is governed by the foregoing Development Contract agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage Dated this day of 20 STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by NOTARY PUBLIC DRAFTED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 149 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property the development of which is governed by the foregoing Development Contract affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them Dated this day of 20 STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by NOTARY PUBLIC DRAFTED BY City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 150 IRREVOCABLE LETTER OF CREDIT No Date TO City of Chanhassen 7700 Market Boulevard Box 147 Chanhassen Minnesota 55317 Dear Sir or Madam We hereby issue for the account of Irrevocable Letter of Credit in the amount of on the undersigned bank Name of Developer and in your favor our available to you by your draft drawn on sight The draft must a Bear the clause Drawn under Letter of Credit No 2 of Name of Bank It dated b Be signed by the Mayor or City Manager of the City of Chanhassen c Be presented for payment at 2 Address of Bank on or before 4 00 p m on November 30 This Letter of Credit shall automatically renew for successive one year terms unless at least forty five 45 days prior to the next annual renewal date which shall be November 30 of each year the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of or cancel this Letter of Credit Written notice is effective if sent by certified mail postage prepaid and deposited in the U S Mail at least forty five 45 days prior to the next annual renewal date addressed as follows Chanhassen City Manager Chanhassen City Hall 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 and is actually received by the City Manager at least thirty 30 days prior to the renewal date This Letter of Credit sets forth in full our understanding which shall not in any way be modified amended amplified or limited by reference to any document instrument or agreement whether or not referred to herein This Letter of Credit is not assignable This is not a Notation Letter of Credit More than one draw may be made under this Letter of Credit This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits futernationa1 Chamber of Commerce Publication No 500 We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation BY Its 151 CITY OF CHANHASSEN DEVELOPMENT CONTRACT Developer Installed Improvements EXHIBIT B GENERAL CONDITIONS 1 Right to Proceed Within the plat or land to be platted the Developer may not grade or otherwise disturb the earth remove trees construct sewer lines water lines streets utilities public or private improvements or any buildings until all the following conditions have been satisfied 1 this agreement has been fully executed by both parties and filed with the City Clerk 2 the necessary security and fees have been received by the City 3 the plat has been recorded with the County Recorder s Office or Registrar of Title s Office of the County where the plat is located and 4 the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed 2 Phased Development If the plat is a phase of a multiphased preliminary plat the City may refuse to approve fmal plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots if any in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks Such charges will be calculated and imposed when the outlots are fmal platted into lots and blocks 3 Preliminary Plat Status If the plat is a phase of a multi phased preliminary plat the preliminary plat approval for all phases not fmal platted shall lapse and be void unless fmal platted into lots and blocks not outlots within two 2 years after preliminary plat approval 4 Changes in Official Controls For two 2 years from the date ofthis Contract no amendments to the City s Comprehensive Plan except an amendment placing the plat in the current urban service area or official controls shall apply to or affect the use development density lot size lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer Thereafter notwithstanding anything in this Contract to the contrary to the full extent permitted by state law the City may require compliance with any amendments to the City s Comprehensive Plan official controls platting or dedication requirements enacted after the date of this Contract 5 Improvements The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards ordinances and plans and specifications which have been prepared and signed by a competent registered professional GC l 152 engineer furnished to the City and approved by the City Engineer The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction The City will at the Developer s expense have one or more construction inspectors and a soil engineer inspect the work on a full or part time basis The Developer shall also provide a qualified inspector to perform site inspections on a daily basis Inspector qualifications shall be submitted in writing to the City Engineer The Developer shall instruct its project engineer inspector to respond to questions from the City Inspector s and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer s design The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned including the City staff to review the program for the construction work 6 Iron Monuments Before the security for the completion of utilities is released all monuments must be correctly placed in the ground in accordance with Minn Stat S 505 02 Subd 1 The Developer s surveyor shall submit a written notice to the City certifying that the monuments have been installed 7 License The Developer hereby grants the City its agents employees officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development 8 Site Erosion and Sediment Control Before the site is rough graded and before any utility construction is commenced or building permits are issued the erosion and sediment control plan Plan B shall be implemented inspected and approved by the City The City may impose additional erosion and sediment control requirements if they would be beneficial All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area Except as otherwise provided in the erosion and sediment control plan seed shall be certified seed to provide a temporary ground cover as rapidly as possible All seeded areas shall be fertilized mulched and disc anchored as necessary for seed retention The parties recognize that time is of the essence in controlling erosion and sediment transport If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer s expense The City will endeavor to notify the Developer in advance of any proposed action but failure of the City to do so will not affect the Developer s and City s rights or obligations hereunder No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements Erosion and sediment control needs to be maintained until vegetative cover has been restored even if construction has been completed and accepted After the site has been stabilized to where in the opinion of the City there is no longer a need for erosion and sediment control the City will authorize the removal of the erosion and sediment control i e hay bales and silt fence The Developer shall remove and dispose of the erosion and sediment control measures GC 2 153 8a Erosion Control During Construction of a Dwelling or Other Building Before a building permit is issued for construction of a dwelling or other building on a lot a 500 00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code S 7 22 9 Clean up The Developer shall maintain a neat and orderly work site and shall daily clean on and off site dirt and debris including blowables from streets and the surrounding area that has resulted from construction work by the Developer its agents or assigns 10 Acceptance and Ownership of Improvements Upon completion and acceptance by the City of the work and construction required by this Contract the improvements lying within public easements shall become City property After completion of the improvements a representative of the contractor and a representative of the Developer s engineer will make a final inspection of the work with the City Engineer Before the City accepts the improvements the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications The appropriate contractor waivers shall also be provided Final acceptance of the public improvements shall be by City Council resolution 11 Claims In the event that the City receives claims from laborers materialmen or others that work required by this Contract has been performed the sums due them have not been paid and the laborers materialmen or others are seeking payment out of the financial guarantees posted with the City and if the claims are not resolved at least ninety 90 days before the security required by this Contract will expire the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22 Minnesota Rules of Civil Procedure for the District Courts to draw upon the letters of credit in an amount up to 125 of the claim s and deposit the funds in compliance with the Rule and upon such deposit the Developer shall release discharge and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court except that the Court shall retain jurisdiction to determine attorneys fees 12 Park Dedication The Developer shall pay full park dedication fees in conjunction with the installation ofthe plat improvements The park dedication fees shall be the current amount in force at the time of mal platting pursuant to Chanhassen City Ordinances and City Council resolutions 13 Landscaping Landscaping shall be installed in accordance with Plan D Unless otherwise approved by the City trees not listed in the City s approved tree list are prohibited The minimum tree size shall be two and one half 2 inches caliper either bare root in season or balled and burlapped The trees may not be planted in the boulevard area between curb and property line In addition to any sod required as a part of the erosion and sediment control plan Plan B the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four 4 inches of topsoil as a base Seed or sod shall also be placed on all disturbed areas of the lot If these improvements are not in place at the time a certificate of GC 3 154 occupancy is requested a fmancial guarantee of 750 00 in the form of cash or letter of credit shall be provided to the City These conditions must then be complied with within two 2 months after the certificate of occupancy issued except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1 st Upon expiration of the time period inspections will be conducted by City staff to verify satisfactory completion of all conditions City staff will conduct inspections of incomplete items with a 50 00 inspection fee deducted from the escrow fund for each inspection After satisfactory inspection the fmancial guarantee shall be returned If the requirements are not satisfied the City may use the security to satisfy the requirements The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7 22 or to satisfy any other requirements of this Contract or of City ordinances These requirements supplement but do not replace specific landscaping conditions that may have been required by the City Council for project approval 14 Warranty The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship The Developer shall submit either 1 a warranty maintenance bond for 100 of the cost of the improvement or 2 a letter of credit for twenty five percent 25 of the amount of the original cost of the improvements A The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two 2 years from the date of fmal written City acceptance of the work B The required warranty period for all work relating to street construction including concrete curb and gutter sidewalks and trails materials and equipment shall be subject to two 2 years from the date of fmal written acceptance C The required warranty period for sod trees and landscaping is one full growing season following acceptance by the City 15 Lot Plans Prior to the issuance of building permits an acceptable Grading Drainage Erosion Control including silt fences and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance 16 Existing Assessments Any existing assessments against the plat will be re spread against the plat in accordance with City standards 17 Hook up Charges The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook up charges established by the City as reasonable compensation for oversizing costs previously incurred as well as long term maintenance Said hook up charges are collectible at time of building permit unless a written request is made to assess GC 4 155 the costs over a four year term at the rates in effect at time of application If paid with the building permit the party applying for the building permit is responsible for payment ofthese fees 18 Public Street Lighting The Developer shall have installed and pay for public street lights in accordance with City standards The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance A plan shall be submitted for the City Engineer s approval prior to the installation Before the City signs the fmal plat the Developer shall pay the City a fee of 300 00 for each street light installed in the plat The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty 20 months 19 Signage All street signs traffic signs and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer 20 House Pads The Developer shall promptly furnish the City as built plans indicating the amount type and limits of fill on any house pad location 21 Responsibility for Costs A The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents preparation of the Development Contract monitoring construction progress processing pay requests processing security reductions and fmal acceptance of improvements This fee does not cover the City s cost for construction inspections The fee shall be calculated as follows i if the cost of the construction of public improvements is less than 500 000 three percent 3 of construction costs ii if the cost of the construction of public improvements is between 500 000 and 1 000 000 three percent 3 of construction costs for the first 500 000 and two percent 2 of construction costs over 500 000 iii if the cost of the construction of public improvements is over 1 000 000 two and one half percent 2 Y2 of construction costs for the first 1 000 000 and one and one half percent 1 Y2 of construction costs over 1 000 000 Before the City signs the fmal plat the Developer shall deposit with the City a fee based upon construction estimates After construction is completed the fmal fee shall be determined based upon actual construction costs The cost of public improvements is defined in paragraph 6 of the Special Provisions GC 5 156 B In addition to the administrative fee the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections This cost will be periodically billed directly to the Developer based on the actual progress of the construction Payment shall be due in accordance with Article 21 E of this Agreement C The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development The Developer shall indemnify the City and its officers and employees for all costs damages or expenses which the City may payor incur in consequence of such claims including attorneys fees D In addition to the administrative fee the Developer shall reimburse the City for costs incurred in the enforcement of this Contract including engineering and attorneys fees E The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty 30 days after receipt If the bills are not paid on time the City may halt all plat development work and construction including but not limited to the issuance of building permits for lots which the Developer mayor may not have sold until the bills are paid in full Bills not paid within thirty 30 days shall accrue interest at the rate of 8 per year F In addition to the charges and special assessments referred to herein other charges and special assessments may be imposed such as but not limited to sewer availability charges SAC City water connection charges City sewer connection charges and building permit fees G Private Utilities The Developer shall have installed and pay for the installation of electrical natural gas telephone and cable television service in conjunction with the overall development improvements These services shall be provided in accordance with each of the respective franchise agreements held with the City H The developer shall pay the City a fee established by City Council resolution to reimburse the City for the cost of updating the City s base maps GIS data base files and converting the plat and record drawings into an electronic format Record drawings must be submitted within four months of fmal acceptance of public utilities All digital information submitted to the City shall be in the Carver County Coordinate system 22 Developer s Default In the event of default by the Developer as to any of the work to be performed by it hereunder the City may at its option perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City provided the Developer is fIrst given notice of the work in default not less than four 4 days in advance This Contract is a license for the City to act and it shall not be necessary for the City to seek a Court order for permission to enter the land When the City does any such work the City may in addition to its other remedies assess the cost in whole or in part GC 6 157 23 Miscellaneous A Construction Trailers Placement of on site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre construction meeting for installation of public improvements Trailers shall be removed from the subject property within thirty 30 days following the acceptance of the public improvements unless otherwise approved by the City Engineer B Postal Service The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster s request C Third Parties Third parties shall have no recourse against the City under this Contract The City is not a guarantor of the Developer s obligations under this Contract The City shall have no responsibility or liability to lot purchasers or others for the City s failure to enforce this Contract or for allowing deviations from it D Breach of Contract Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits including lots sold to third parties The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur E Severability If any portion section subsection sentence clause paragraph or phrase of this Contract is for any reason held invalid such decision shall not affect the validity of the remaining portion of this Contract F Building Permits Building permits will not be issued in the plat until sanitary sewer watermain and sto1TI l sewer have been installed tested and accepted by the City and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans G Waivers Amendments The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract To be binding amendments or waivers shall be in writing signed by the parties and approved by written resolution of the City Council The City s failure to promptly take legal action to enforce this Contract shall not be a waiver or release H Release This Contract shall run with the land and may be recorded against the title to the property After the Developer has completed the work required of it under this Contract at the Developer s request the City Manager will issue a Certificate of Compliance Prior to the issuance of such a certificate individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten 10 days for processing 1 Insurance Developer shall take out and maintain until six 6 months after the City has accepted the public improvements public liability and property damage insurance covering GC 7 158 personal injury including death and claims for property damage which may arise out of Developer s work or the work of its subcontractors or by one directly or indirectly employed by any of them Limits for bodily injury and death shall be not less than 500 000 for one person and 1 000 000 for each occurrence limits for property damage shall be not less than 500 000 for each occurrence or a combination single limit policy of 1 000 000 or more The City shall be named as an additional insured on the policy and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat The certificate shall provide that the City must be given ten 10 days advance written notice of the cancellation of the insurance The certificate may not contain any disclaimer for failure to give the required notice J Remedies Each right power or remedy herein conferred upon the City is cumulative and in addition to every other right power or remedy expressed or implied now or hereafter arising available to City at law or in equity or under any other agreement and each and every right power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right power or remedy K Assignabilitv The Developer may not assign this Contract without the written permission of the City CounciL The Developer s obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots the entire plat or any part of it L Construction Hours Construction hours for required improvements under this contract shall be from 7 00 a m to 6 00 p m on weekdays from 9 00 a m to 5 00 p m on Saturdays with no such activity allowed on Sundays or any recognized legal holidays Under emergency conditions this limitation may be waived by the consent of the City Engineer Any approved work performed after dark shall be adequately illuminated If construction occurs outside ofthe permitted construction hours the Developer shall pay the following administrative penalties First violation Second violation Third subsequent violations 500 00 1 000 00 All site development and construction must cease for seven 7 calendar days M Noise Amplification The use of outdoor loudspeakers bullhorns intercoms and similar devices is prohibited in conjunction with the construction of homes buildings and the improvements required under this contract The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph N Access All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat O Street Maintenance The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City Warning signs shall be placed by GC 8 159 the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours If streets become impassable the City may order that such streets shall be barricaded and closed The Developer shall maintain a smooth roadway surface and provide proper surface drainage The Developer may request in writing that the City plow snow on the streets prior to final acceptance of the streets The City shall have complete discretion to approve or reject the request The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations The provision of City snow plowing service does not constitute fmal acceptance of the streets by the City P Storm Sewer Maintenance The Developer shall be responsible for cleaning and maintenance of the storm sewer system including ponds pipes catch basins culverts and swales within the plat and the adjacent off site storm sewer system that receives storm water from the plat The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system The Developer s obligations under this paragraph shall end two 2 years after the public street and storm drainage improvements in the plat have been accepted by the City Twenty percent 20 of the storm sewer costs shown under section 6 of the special provisions of this contract will be held by the City for the duration of the 2 year maintenance period Q Soil Treatment Svstems If soil treatment systems are required the Developer shall clearly identify in the field and protect from alteration unless suitable alternative sites are first provided the two soil treatment sites identified during the platting process for each lot This shall be done prior to the issuance of a Grading Permit Any violation disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit R Variances By approving the plat the Developer represents that all lots in the plat are buildable without the need for variances from the City s ordinances S Compliance with Laws Ordinances and Regulations In the development of the plat the Developer shall comply with all laws ordinances and regulations of the following authorities 1 City of Chanhassen 2 State of Minnesota its agencies departments and commissions 3 United States Army Corps of Engineers 4 Watershed District s 5 Metropolitan Government its agencies departments and commissions T Proof of Title Upon request the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract GC 9 160 U Soil Conditions The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property The Developer further agrees that it will indemnify defend and hold harmless the City its governing body members officers and employees from any claims or actions arising out of the presence if any of hazardous wastes or pollutants on the property unless hazardous wastes or pollutants were caused to be there by the City V Soil Correction The Developer shall be responsible for soil correction work on the property The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City s building inspection department determines from observation that there may be a soils problem On lots with fill material that have been mass graded as part of a multi lot grading project a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot On lots with fill material that have been custom graded a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot W Haul Routes The Developer the Developer s contractors or subcontractors must submit proposed haul routes for the import or export of soil construction material construction equipment or construction debris or any other purpose All haul routes must be approved by the City Engineer X Development Signs The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No 5313 at each entrance to the project T4e sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed except for the final lift of asphalt on streets The signs shall contain the following information project name name of developer developer s telephone number and designated contact person allowed construction hours Y Construction Plans Upon mal plat approval the developer shall provide the City with two complete sets of full size construction plans and four sets of ll xl7 reduced construction plan sets and three sets of specifications Within four months after the completion of the utility improvements and base course pavement and before the security is released the Developer shall supply the City with the following 1 a complete set of reproducible Mylar as built plans 2 two complete full size sets of blue line paper as built plans 3 two complete sets of utility tie sheets 4 location of buried fabric used for soil stabilization 5 location stationing and swing ties of all utility stubs including draintile cleanouts 6 bench mark network 7 digital file of as built plans in both dxf tif format the dxf file must be tied to the current county coordinate system 8 digital file of utility tie sheets in either doc or tif format and 9 a breakdown of lineal footage of all utilities installed including the per lineal foot bid price The Developer is required to submit the fmal plat in electronic format GC 10 161 z As Built Lot Surveys An as built lot survey will be required on all lots prior to the Certificate of Occupancy being issued The as built lot survey must be prepared signed and dated by a Registered Land Surveyor Sod and the bituminous driveways must be installed before the as built survey is completed If the weather conditions at the time of the as built are not conducive to paving the driveway and or installing sod a temporary Certificate of Occupancy may be issued and the as built escrow withheld until all work is complete Rev 3 31 06 GC ll 162 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us TO Todd Gerhardt City Manager Laurie Hokkanen Assistant City Manager O FROM DATE June 1 2009 SUBJ Contract with School District 112 School Resource Officer PROPOSED MOTION The City Council authorizes the Agreement with School District 112 for the shared services and expenses of a School Resource Officer SRO for the period of September 2009 through June 2010 BACKGROUND As part of the three year Police Services Plan the City and the School District programmed the addition of a School Resource Officer to coincide with the September 2009 opening of Chanhassen High School The purpose of a School Resource Officer is to have a police presence in the school The officer is able to establish a relationship with the students and often is able to prevent incidents Currently the City of Chaska has a SRO at Chaska High School and the City of Minnetonka has a SRO at Minnetonka High School The 2009 Police Services Contract included the addition of the SRO for September 2009 Deputy Bob Zydowsky is scheduled to assume that position on August 17 2009 The District has agreed to pay for 50 of the costs of the Officer This agreement provides for the District to reimburse the City for those costs The City will have the benefit of the Officer during non school hours days as well as in the summer months For 2010 the rate for the SRO is 83 882 plus 5 383 for the SRO vehicle The City and the School District would each be responsible for 44 623 50 RECCOMENDATION Staff reccomends approval of the Contract with School District 112 for a School Resource Officer Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 163 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHANHASSEN AND INDEPENDENT SCHOOL DISTRICT 112 This agreement made and entered into this day of 2009 by and between the CITY OF CHANHASSEN and INDEPENDENT SCHOOL DISTRICT 112 GOALS AND OBJECTIVES 1 Support a safe and secure environment on campus which will be conducive to learning 2 Establish a positive working relationship in a cooperative effort to prevent juvenile delinquency and assist in student development 3 Promote positive attitudes regarding the police role in society and educate students about their rights and responsibilities as lawful citizens A EMPLOYMENT AND ASSIGNMENT OF SCHOOL RESOURCE OFFICER 1 The City of Chanhassen agrees to provide one 1 School Resource Officer at Chanhassen High School 2 The City of Chanhassen shall select the School Resource Officer SRO and assign the officer School District 112 Administration will be invited to interview Carver County Sheriff s Department School Resource Officer candidates 3 In the event the SRO is absent from work the SRO is to notify his her supervisor at the Sheriff s Department and the Principal at the school The Sheriff s Department agrees to assign a SRO alternate when an officer is not available 4 The School Resource Officer shall remain an employee of the City of Chanhassen and shall not be an employee of the School District The School District and City of Chanhassen acknowledge that the School Resource Officer remains responsive to the commands of the Carver County Sheriff s Department 5 The SRO Supervisor will have regular and ongoing contact with the school Principal B COST ALLOCATION 1 District 112 and the City of Chanhassen agree to share on a 50 50 basis the total annual cost of providing one 1 School Resource Officer 1 164 2 Total cost shall include annual salary employer insurance contribution social security retirement and uniform allowance 3 The City shall provide at its cost supervision and a vehicle for the officer 4 For the 2009 2010 school year the City will submit an invoice to School District 112 on or before July 1 2009 and District 112 will pay in full by August 1 2009 In future years the City will invoice by June 1 and District 112 will pay in full by August 1 5 The School District will pay all extra costs for any holidays that apply to SRO but not school C HOURS AND SPECIAL EVENTS 1 The SRO is assigned during the school year on a full time basis The SRO shall be on duty at Chanhassen High School During regular hours the SRO may be off campus performing such tasks as may be required by their assignment Court Truancy Center Arrest 2 The School District 112 may pay overtime for special events or details that are authorized by the SRO Supervisor Additional overtime may be requested and paid for by City of Chanhassen 3 School Resource Officers may wear their uniform or plain clothes and will carry their duty weapon while at school D DUTIES OF THE SCHOOL RESOURCE OFFICER 1 The SRO will assist the Principal in developing plans and strategies to prevent and or minimize dangers situations that may occur on campus 2 The SRO will present programs on various topics to students Subjects shall include a basic understanding of law role of law enforcement drug awareness anger management the mission of law enforcement and staff student requested topics 3 The SRO is encouraged to interact with students on an individual basis and in small groups 4 The SRO will make himself herself available for conferences involving teachers parents and students 5 The SRO will be familiar with agencies and resources that offer assistance to youth and their families and make referrals to agencies when necessary 6 The SRO shall take law enforcement action when necessary 2 165 7 The SRO will contact the principal of the school about his her actions to make them aware of arrests or crimes 8 The SRO shall notify the Principal or designee before removing a student from school 9 The SRO will take law enforcement action against intruders and unwanted guests who appear on school property 10 The SRO will conduct investigations of crimes which occur at the school and use other resources if needed for follow up investigations 11 The SRO shall not be used as a school disciplinarian If the Principal believes an incident is a violation of the law he she may contact the SRO to see if law enforcement action is needed 12 The SRO can enforce school rules and policies 13 The SRO shall follow the guidelines of State and Federal law School Board Policy and the Carver County Sheriff s Department General Orders in regards to investigations interviews and searches relating to juveniles 14 The SRO will operate under all established Carver County Sheriff s Department policies and procedures E RIGHT AND DUTIES OF THE SCHOOL BOARD The School District will provide to the SRO the following materials and facilities which are deemed necessary to the performance of the SRO 1 Access to private office containing a telephone line to be used for general business purposes 2 A desk with drawers a chair and a filing cabinet that can be locked and secured 3 Access to a computer terminal or computer hookup The City of Chanhassen will supply the officers with the usual and customary office supplies and forms required in performance of their duties F DISMISSAL OF SRO 1 In the event the Principal ofthe school feels that the SRO is not effectively performing his or her duties and responsibilities the Principal shall contact the SRO Supervisor Within a reasonable amount of time after receiving the information from the Principal the SRO Supervisor shall advise the Carver County Sheriff s Department of the Principal s request If the Carver County Sheriff s Department desires the Principal and 3 166 the Carver County Sheriff s Department or their designees shall meet with the SRO to mediate or resolve any problems which may exist 2 The Carver County Sheriff s Department may dismiss or reassign an SRO based upon the Carver County Sheriff s Department s rules regulations and General Orders G INDEMNIFICATION The School District agrees to defend indemnify and hold harmless the City of Chanhassen against any and all claims liability loss damage or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the School District and or those of School District employees or agents The City of Chanhassen agrees to defend indemnify and hold harmless the School District against any and all claims liability loss damage or expense arising under the provisions of this Agreement for which the City of Chanhassen is responsible and caused by or resulting from negligent acts or omissions of the City of Chanhassen and or those of City of Chanhassen employees or agents if applicable All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law Minnesota Statutes Chapter 466 In the event of any claims or actions filed against either party nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties H EFFECTIVE DA TE TERMINA TION 1 This agreement will be effective July 1 2009 2 This agreement shall remain in force until terminated by either party pursuant to this agreement 3 Either party may terminate this agreement by giving written notice a minimum of 180 days before the start of any school year This agreement constitutes a final written expression of all the terms of this Agreement and is complete and is an exclusive statement of those terms 4 167 IN WITNESS WHEREOF the parties have caused this Agreement to be signed by their duly authorized officers INDEPENDENT SCHOOL DISTRICT 112 Superintendent CITY OF CHANHASSEN City Manager g admin lh sro memorandum of understanding doc 5 168 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM J TO Paul Oehme Dir of Public Works City Engineer b 1 FROM Kevin Crooks Utility Superintendent bUr June 8 2009 1 1 DATE SUBJ Lift Station 24 Wet Well Rehabilitation Approve Quote PW055XI PROPOSED MOTION The City Council approves quote in the amount of 29 698 00 for the Lift Station 24 Wet Well Rehabilitation to Infratech Technologies City Council approval requires a simple majority vote ofthe City Council Lift Station 24 located at the intersection of Lyman Boulevard and Audubon Road was constructed in 1991 It is the largest of all the 31 lift stations and serves over 1 300 homes and used to service a portion of the industrial park in Chaska Since its construction the concrete wet wells have been subjected to Hydrogen Sulfide gas or sewer gas that is commonly found in wastewater collection systems This gas is highly corrosive and has caused the concrete walls to spall or flake off This proposal is to provide a sprayed on corrosion resistant fiber reinforced coating to protect the lift station s wet wells and ensure no further damage can be done to the concrete If left unprotected major renovation may eventually be needed to repair the wet well walls in the future Staff has obtain two quotes for this work as follows Infratec Technologies 29 698 00 Midwest Trenchless Technologies Inc 59 627 00 The wide gap in the bids can be explained by work backlog by the contractors Infratec has completed past projects for the City Their work has been acceptable Funding for the project is proposed from the annual sewer operations repair and maintenance budget Attachment Budget Page c Kevin Crooks Utility Superintendent g eng public pw055 lift stations general bkg 060809 Is24 wet well rehab doc Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 169 I CITY OF CHANHASSEN I 2009 BUDGET ENTERPRISE FUNDS I Sewer Operations 2008 to I 2007 2008 2009 2009 ACCOUNT DESCRIPTION ACTUAL BUDGET BUDGET INC DEC 4010 Salaries Wages Reg 212 698 258 000 220 000 14 7 I 4011 Overtime Reg 9 366 8 000 10 000 25 0 I 4012 Stand By Pay 6 118 6 500 6 500 0 0 4020 Salaries Wages Temp 12 798 10 000 16 000 60 0 4030 Contributions Retirement 31 384 36 500 32 500 11 0 4040 Contributions Insurance 28 757 35 200 30 000 14 8 4050 Workers Compensation 6 765 5 700 7 200 26 3 I TOTAL PERSONAL SERVICES 307 885 359 900 322 200 10 5 4120 Supplies Equipment 6 123 6 800 6 800 0 0 I 4140 Supplies Vehicles 5 956 6 000 6 000 0 0 4150 Maintenance Materials 938 10 000 10 000 0 0 4160 Chemicals 779 1 500 1 000 33 3 4170 Motor Fuels Lubricants 15 623 6 500 20 000 207 7 4210 Books Periodicals 250 100 60 0 4240 Uniforms Clothing 2 299 1 800 1 800 0 0 4260 Small Tools Equipment 409 2 500 2 000 20 0 TOTAL MATERIALS SUPPLIES 32 126 35 350 47 700 34 9 4300 Fees Services 84 601 30 000 30 000 0 0 I 4301 Auditing 6 000 6 000 6 000 0 0 4310 Telephone 5 578 10 000 7 000 30 0 4320 Utilities 42 521 85 000 90 000 5 9 I 4330 Postage 5 170 8 000 7 000 12 5 4340 Printing Publishing 1 926 8 500 3 000 64 7 4350 Cleaning Waste Removal 170 500 500 0 0 4360 Subscriptions Memberships 377 400 400 0 0 I 4370 Travel Training 3 306 4 500 8 000 77 8 4410 Rental Equipment 1 259 1 500 1 500 0 0 4440 License Registration 23 250 100 60 0 I 4483 Insurance General Liability 13 000 13 000 13 000 0 0 4509 Remit to Other Agencies 1 380 304 1 200 000 1 300 000 8 3 4510 Repair Maintenance Building 245 1 700 1 700 0 0 I 4520 Repair Maintenance Vehicles 524 1 800 2 000 11 1 4530 Repair Maintenance Equip 6 963 12 000 12 000 0 0 4531 Repair Maintenance Radios 100 100 0 I 4551 Repair Maintenance Sewe 40 041 75 000 70 000 6 7 4553 Emergency Sewer Repairs 26 600 40 000 40 000 0 0 J TOTAL CONTRACTUAL SERVICES 1 618 608 1 498 250 1 592 200 6 3 I J TOTAL SEWER OPERATIONS 1 958 620 1 893 500 1 962 100 76 170 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 BUilding Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Todd Gerhardt City Manager FROM Terry Jeffery Water Resources Coordinator DATE v kV June 8 2009 SUBJ Bhojwani Dock Variance Planning Case 09 07 PROPOSED MOTION The City Council approves Planning Case 09 07 as shown in plans dated April 17 2009 for a 46 foot variance request from the allowed 25 foot crossbar for docks as outlined in the staff report and adopt the attached Findings of Fact and Decision City Council approval requires a majority of City Council present EXECUTIVE SUMMARY The applicant is requesting an after the fact variance from Section 6 26 2 c of the Chanhassen City Code This section of the code reads The crossbar of any dock shall not measure in excess of 25 feet in length The applicant has constructed the frame for a dock that will measure 71 feet in length approximately parallel to the shoreline when completed The total variance requested is 46 feet Planning Commission Update A public hearing was held at the May 19 2009 Planning Commission meeting for this item The Planning Commission voted 5 to 0 to approve the request for an after the fact variance for the construction of a 71 foot dock crossbar as measured parallel to the shoreline Staff initially recommended approval of two slips which measured 46 feet in crossbar length The Planning Commission drew the following conclusion A one size fits all approach may not be appropriate for riparian property rights Given that the applicant has more than ten times the length of shoreline as the typical lot on Lake Minnewashta the denial of their requested use could be viewed as restricting their use and enjoyment of their lake property The Planning Commission approved the request with the condition that the applicant allows his permanent dock to be inspected by the City for review of appearance and fitness of use on an annual basis The Planning Commission minutes for May 19 2009 are item la of the City Council packet Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 171 Todd Gerhardt Bhojwani Dock Variance June 8 2009 Page 2 RECOMMENDATION The Planning Commission recommends the City Council adopt the following motion The Chanhassen City Council approves Planning Case 09 07 as shown in plans dated April 17 2009 for a 46 foot variance request from the allowed 25 foot crossbar for docks as outlined in the staff report and adopts the attached Findings of Fact and Decision with the following condition 1 The applicant allows his permanent dock to be inspected by the City for review of appearance and fitness of use on an annual basis ATTACHMENTS 1 Findings of Fact and Decision 2 Public Hearing Notice and Affidavit of Mailing 3 Planning Commission Staff Report Revised Dated June 8 2009 g plan 2009 planning cases 09 07 bhojwani dock variance executive summary doc 172 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND DECISION INRE Application of Gary Bhojwani for an after the fact variance for the purpose of constructing a dock with a 71 foot long crossbar Planning Case 09 07 On May 19 2009 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice The City Council makes the following FINDINGS OF FACT 1 The property is currently zoned Single Family Residential RSF 2 The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density 1 2 4 0 units per net acre uses 3 The legal description of the property is Tracts I L Registered Land Survey No 7 4 Variance Findings Section 6 23 of the City Code provides the following criteria for the granting of a dock variance a By reason of topography soil conditions or other physical characteristics of the lakeshore site strict compliance with the dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site provided that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter Finding The applicant s property has more than ten times the length of shoreline of the typical lot on Lake Minnewashta Because of the unique circumstances involving the exceptional shoreline length it is an undue hardship to restrict the size of the dock on the property because the proposed use under the circumstances is reasonable b Undue hardship is defined in Section 20 58 of the City Code to mean that the literal enforcement of this chapter would cause undue hardship For purposes of the definition of undue hardship reasonable use includes a use made by a majority of comparable property within 500 feet of it The intent of this provision is not to allow a proliferation of variances but to recognize that in developed neighborhoods pre existing standards exist 1 173 Variances that blend with these pre existing standards without departing downward from them meet these criteria Finding There are nine single family residential properties with lake frontage within 500 feet of the applicant s residence These properties have lake frontage ranging from 85 to 140 feet All of these properties maintain temporary docks and can by code moor up to three boats overnight None of these properties have a crossbar on any dock in excess of 25 feet as allowed by code but the combined shoreline of these nine lots is shorter than the Applicant s Limiting the length of the crossbar that the applicant may construct would prescribe a standard which is not consistent with the amount of lakeshore the applicant currently owns and this restriction would in and of itself constitute a hardship 5 The planning report 09 07 dated June 8 2009 prepared by Terry Jeffery et aI is incorporated herein DECISION The City Council approves planning Case 09 07 as shown in plans dated received April 17 2009 for a 46 foot variance request from the allowed 25 foot crossbar for docks ADOPTED by the Chanhassen City Council this 8th day of June 2009 CITY OF CHANHASSEN BY Thomas A Furlong Mayor ATTEST Todd Gerhardt City Manager Clerk 2 174 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA ss COUNTY OF CARVER I Karen J Engelhardt being first duly sworn on oath deposes that she is and was on May 28 2009 the duly qualified and acting Deputy Clerk of the City of Chanhassen Minnesota that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Bhojwani Dock Variance Planning Case 09 07 to the persons named on attached Exhibit A by enclosing a copy of said notice in an envelope addressed to such owner and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer Carver County Minnesota and by other appropriate records Subscribed and sworn to before me thisd day of mU 2009 KIM T MEUWISSEN 1 Notary Public Minnesota My Commission Expires Jan 31 2010 175 C s tnQ c Q ca Q I S s 0 EO s Q 0 o c Q Q 2 0 0 o eo z s s eo s o C s tn 5 m Q I S s 0 0 c s Q 0 Os Q Q 0 0 Oeo z s s eo s o 1 I I 0 0 0 l 0 g C I a 1 g S en g S S 3 0 E 0 a s g 0 C c E g i 0 0 0 C S E t5 E c G V uO o c 0 l 0 cas 0 0 m O O 00 0 00 O I 0 o as c 0 0 0 0 O oe cc oo cen 0 0 0 G U 0 0 5 g E 0 d 0 2 6 G 0 c 9 0 0 0 O l e 0 0 0 0 00 o 0 I 0 0 0 0 0 0 c j j C 0 U en 00 0 o e 0 0 0 C 5 tj U S 5 E c c E 0 00 5 5 5 0 S E Q 2 ci e I E c c 0 E 0 0 0 0 E 0 O E U 0 0 I G 0 o m o oo cG G o 1 0 0 s o o o l o 8 t5 g en a5 0 0 C C 5 0 g 5 I V 0 G U l 0 0 00 0 0 0 l 0 0 E c O i i5 c 0 s 0 o oo w oo as c o I 0 0 0 CD 0 U 0 cO o c 3 G mID E c l OOOO o uu O EEJO l asG E o cOo 00 0 0 0 0 0 00 0 00 0 C 0 G o V c 0 00 0 c c S 5 c 00 00 c Q c c 0 2 N en c c E S 0 0 0 U 0 0 0 uo o O o i 3OO I O c c OO G C co c a c c c 00 C l s l U t C c C 00 0 0 00 V 0 0 C c 0 S 0 E 0 o c 0 0 U c c U c C en en 0 c t l 0 V 0 0 2 C 0 9 c U E c 0 l 0 0 0 C 00 0 g 0 8 0 c 00 0 c en C G G J en e 0 E c 0 0 0 8 0 C 5 s t5 E 5 0 cO C 0 u t s t 0 en c c c c 0 0 c 0 E U 0 E en 0 mO moo l co m O Ou Q Q O 0 0 OCO IQ o 0 O EO cO l loo s oo Et O cG G c 5 5 6 u C 0 0 0 E 00 0 1 a 0 s 2 r E s omc o oOO o c ooO O S oO mC loo eI E Eo O OO cl 5 5 C I o s o C Iu Oo a S G G E as 01 C o as o o J as en o a o I a C C as 1 0 2 G a as 0 0 I 0 a J g en C G G G a c a G 3 en C C o G E E s 0 00 I I 0 0 g c J g c en S c C U E S G a o C 0 U ci 0 I c E l C c 0 0 0 C c U c 0 uO o c 0 l 0 V c O g 2 8 9 e c 9 U5 0 0 0 G U 0 0 c o E 0 m 0 0 0 0 s c 90 0 0 O l 0 l 0 0 c 0 I 0 0 0 0 C o 0 1 0 o c G c c U en 0 0 0 0 0 0 0 5 tj s U S I 5 I E c 0 c EG o c 0 oo c 0 0 0 E o 0 Q 2 G 0 o en c OOO 5 c c o lO E co c 0 I u I c c c 0 E O s 0 0 0 E U 0 0 0 0 0 m o oo oo cG G 000 1 0 0 0 eS o o l O w 00 l V U w w c 0 5 t5 I co o ooo O o oo co O c V G u 0 0 0 E C 0 V i i5 c 5 s 0 C 00 0 O 0 0 0 c co as G m c 0 0 0 0 00 t5 0 C 0 m c 0 i G mID E C l OOOO o oO o o EEJO l asG E o E 5 cOo 00 g 0 0 0 U 0 00 0 00 0 C 0 G 0 c o 00 cc oo 5 coo oo co c c m N 0 c E s 0 0 0 0 ID U 0 0 co c a U 0 0 0 0 C g 0 0 0 00 I E l c g 9 s 5 l U t C as 0 c c 5 00 0 0 w 00 S 0 0 0 C c 0 S 0 E 0 o c 0 Q 00 0 c c U c c 0 0 c t l 0 w 0 0 2 0 C 0 00 c U E c 8 0 e C g 0 0 c C 5 9 C c3 00 C G G 0 0 0 0 0 0 s t5 g E U 00 U c 0 @ co C 0 u t s t SO g G i 5 c o E B s o o o OCO I l 0 ooo EO ige cO loo loo S oo E 32 cG G c 5 0 5 0 0 0 E 0 em 0 1 a 0 g l Jg r E 6 0 o c O ow o c oO c c O O C IOO ol o EoOO OO CI C I o S o C Iu Oo a G G E as 01 C o as o o J as en o a o I a C c as 1 0 2 G a as 0 0 J 0 c J g en C G G G a a G as c J en C C o G E E s 0 00 176 ALAN C CHRISTINE L LEIDING 6331 DOGWOOD AVE EXCELSIOR MN 55331 8850 DAVID M DRESSLER 6341 DOGWOOD AVE EXCELSIOR MN 55331 8850 L WINSTON ELAINE G HAGEN 6300 CYPRESS DR EXCELSIOR MN 55331 8841 MINNEWASHTA SHORES INC C O PATRICIA CRANE 6341 CYPRESS DR EXCELSIOR MN 55331 8842 PAUL DAVID COFFEY LAUREL COFFEY 6351 DOGWOOD AVE EXCELSIOR MN 55331 8850 ROBERT M SUSAN S MACUNA 6340 CYPRESS DR EXCELSIOR MN 55331 8841 WILLIAM J CATHRYN L FOSSING 6330 CYPRESS DR EXCELSIOR MN 55331 8841 BARBARA DIANE WINTHEISER 3321 SHORE DR EXCELSIOR MN 55331 7815 GARY C KELLI R BHOJW AN I 3301 SHORE DR EXCELSIOR MN 55331 7815 LADD N SIA B LANGUM 6331 CYPRESS DR EXCELSIOR MN 55331 8842 NATHANIEL C MALEN KATHRYN L MIHULKA 6321 DOGWOOD AVE EXCELSIOR MN 55331 8850 PAUL L VIRGINIA L RICHIE 3342 SHORE DR EXCELSIOR MN 55331 7814 STEVEN G JEAN K WOOD 6341 CYPRESS DR EXCELSIOR MN 55331 8842 BRIAN N NANCY L TICHY 6240 CYPRESS DR EXCELSIOR MN 55331 8839 JONATHAN D KRISTI K HARRIS 3241 DARTMOUTH DR EXCELSIOR MN 55331 8844 LARRY B MARY CAROL OPPEGAARD 6310 CYPRESS DR EXCELSIOR MN 55331 8841 PAUL D QUARBERG JANET JASIN QUARBERG 3311 SHORE DR EXCELSIOR MN 55331 7815 RACHEL MARY LIVINGSTON 3331 SHORE DR EXCELSIOR MN 55331 7815 WILLIAM JEAN M MCDANIEL 3341 SHORE DR EXCELSIOR MN 55331 7815 177 Bhojwani Dock Variance Request 3301 Shore Drive Public Hearing Notification Area 300 feet City Council Meeting June 8 2009 state Hwy 7 ill a co CD CD lake Minnewashta Legend D Subject Property Properties within 300 feet I 178 CC DATE June 8 2009 D PC DATE May 19 2009 CITY OF CHANHASSEN REVIEW DEADLINE June 16 2009 CASE 09 07 BY TJ SJ PROPOSED ALTERNATE MOTIONS The City Council approves Planning Case 09 07 as shown in plans dated April 17 2009 for a 46 foot variance request from the allowed 25 foot crossbar for docks as outlined in the staff report and adopts the attached Findings of Fact and Decision The Plan 1ing Commission r commoo ds that the City Cooocil deny Planning Case 09 07 as shovm in plans dated reeeiyed April 17 2009 for a 16 root variance request from the allo ed 25 foot crossbar for doeks as outlined in the staff report and adopt of the attaehed findings of faet for denial ef The Plal lfling CoIIHTIission recommends that the City Council approve Planning Case 09 07 as sho VIl in plaas dated received priI17 2009 for a 16 foot arianee from the allO ved 25 foot crossbar for docks for the placement of 1 o slips as outlined in the staff report subject to conditions and adopt of the attached findings of fact and recommendation SUMMARY OF REQUEST The applicant is requesting an after the fact variance from Section 6 26 2 c of the Chanhassen City Code This section of the code reads The crossbar of any dock shall not measure in excess of 25 feet in length The applicant has constructed the frame for a dock that will measure 71 feet in length approximately parallel to the shoreline when completed The total variance requested is 46 feet LOCATION 3301 Shore Drive Tract I and Tract L of Registered Land Survey No 7 APPLICANT Gary Bhojwani 3301 Shore Drive Excelsior MN 55331 PRESENT ZONING Single Family Residential RSF 2030 LAND USE PLAN Residential Low Density 1 2 4 units acre ACREAGE 3 89 Acres LENGTH OF SHORELINE 1 169 lineal feet 179 Bhojwani Dock Variance Planning Case 09 07 I lay J 9 2009 June 8 2009 Page 2 oJ8 LEVEL OF CITY DISCRETION IN DECISION MAKING The City s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Boats and Waterways Ordinance for a variance The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards This is a quasi judicial decision APPLICABLE REGUA TIONS This variance request is subject to Chapter 6 PROPOSAL SUMMARY The applicant is requesting an atler the fact variance for the construction of a dock that measures 71 feet in length measured parallel to the shoreline The city code allows a maximum length of 25 feet measured parallel to the shoreline The site is bordered by Lake Minnewashta on the south and east and is southeast of Cypress Drive The property is a riparian lot with an area of 3 89 acres 1 169 feet of shoreline and is zoned Residential Single Family RSF Staff is recommending denial ofthc applicant s requcst with an alternatc motion for approval The Planning Commission recommended approval of the applicant s request 180 Bhojwani Dock Variance Planning Case 09 07 I lay 19 2009 June 8 2009 Page 3 of8 BACKGROUND The applicant purchased the property in 2007 At the time the site contained two docks with comparable overall length and surface area to the dock proposed by the applicant Staff located aerial photographs that date back to 1991 that showed two seasonal docks however staff was unable to locate any form of documentation permitting the two structures City Code allows one dock per lakeshore property This is an existing non conforming use Construction on the new dock began in good faith The applicant s contractor reviewed city code and concluded that construction of the dock did not require a city permit The goal was to combine the two seasonal docks with one permanent and comparable in size dock The new location had improved sight lines and eliminated the non conformity of having two docks however the new dock has dimensions that exceed the limits permitted by ordinance As construction began staff received a complaint regarding a dock that was being constructed on Lake Minnewashta The caller was concerned with the size of the structure Staff inspected the site and found a dock with three slips Staff determined that the dock exceeded the 25 foot crossbar length limitation permitted by ordinance Staff issued a Stop Wark Order until a solution could be reached The applicant requested permission to complete the section of the dock that met ordinance requirements He entered into an agreement with the city enabling him to complete the first slip It was concluded that one slip is in compliance with City Code The applicant had two choices bring the dock into compliance or apply for a variance The applicant elected to apply for a variance Qr 0 181 Bhojwani Dock Variance Planning Case 09 07 v ay 19 2 9 June 8 2009 Page 40f8 Staff has received 22 emails and or letters regarding the dock They have been included for your reVIew CITY CODE The pertinent sections of the City Code dealing with variances read as follows Sec 6 23 Variances a The city council may grant a variance from the dock requirements of this article where it is shown that by reason of topography soil conditions or other physical characteristics of the lakeshore site strict compliance with the dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site provided that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter Sec 20 58 a Undue hardship is addressed in Chapter 20 Section 58 a That the literal enforcement of this chapter would cause undue hardship For purposes of the definition of undue hardship reasonable use includes a use made by a majority of comparable property within 500 feet of it The intent of this provision is not to allow a proliferation of variances but to recognize that in developed neighborhoods pre existing standards exist Variances that blend with these pre existing standards without departing downward from them meet these criteria ANALYSIS Docks are regulated under Chapter 6 of the City Code The following constitute staff s mdings of the applicant s request Chapter 6 Article II Structures Section 6 24 Location Restrictions Request No dock mooring or other structure shall be so located as to 1 Obstruct the navigation of any lake When the applicant was considering where to locate the dock it was decided that it should not be placed at the previous location as other neighbors had expressed concern that the dock was difficult to see due to poor sight lines created by the shape of the shoreline and existing vegetation The current placement should not pose any obstruction to normal boat traffic on the lake 182 Bhojwani Dock Variance Planning Case 09 07 JJay 19 2009 June 8 2009 Page 50f8 Section 6 24 Location Restrictions Request 2 Obstruct reasonable use or access to any other The applicant has 1 169 feet of shoreline dock mooring or other structure authorized The current dock location is at least 540 under this chapter feet from any adjoining property 3 Present a potential safety hazard or The applicant selected this placement with the input of their neighbors The neighbor indicated that the placement of the previous owner s dock was difficult to see and posed a potential hazard when water skiing 4 Be detrimental to significant fish and wildlife The applicant considered the location of habitat or protected vegetation the wetland north of the current location when selecting the dock placement This current placement was selected to avoid impacts to the wetland Section 6 26 regulates dimensions number of docks etc The following is staffs findings Section 6 26 Docks No more than one dock shall be permitted on any lake shore site No dock shall exceed six feet in width and no dock shall exceed the greater of the following lengths 1 50 feet or 2 The minimum straight line distance necessary to reach a water depth of four feet Request When the applicant purchased the property in April of 2007 there were two docks located on the property see attached historical aerial photographs The applicant is removing this non conforming use by consolidating these two docks into one dock This action eliminated the nonconformity of having two docks however has created a structure that exceeds maximum crossbar length requirements The dock extends fifty 50 feet from the shore line The applicant stated that he chose this location for several reasons one of which being that a shorter dock could be used to reach deeper water 183 Bhojwani Dock Variance Planning Case 09 07 l fay 19 2009 June 8 2009 Page 60f8 Section 6 26 Docks The width but not the length of the cross bar of any T or L shaped dock shall be included in the computation of length described in the preceding sentence The cross bar of any such dock shall not measure in excess of 25 feet in length No dock shall encroach upon any dock setback zone provided however that the owners of any two abutting lake shore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites if the dock is the only dock on the two lake shore sites and if the dock otherwise conforms with the provisions of this chapter No person shall store fuel upon any dock No oscillating rotating flashing or moving sign or light may be used on any dock No advertising signs shall be displayed from an dock Access across wetlands shall be subject to the standards set forth in section 20 405 Docks shall be elevated a minimum of six to eight inches above the ordinary high water elevation Re nest The crossbar extends 54 feet north from the main dock and a swimming platform extends 12 feet south of the main dock Combined with the dock width of five 5 feet the total length of the crossbar is 71 feet This has necessitated the variance request I 50 I 1 13 5 1 32 I 5 1 13 1 5 1 13 1 r 13 1 5 f 12 1 8 1 The applicant has 1 169 feet of shoreline and the dock is located approximately central on the property There is no encroachment into the dock setback zone The applicant has no intention of storing fuel on the dock The applicant has no intention of using a light with any of the prohibited characteristics The applicant has no intention of displaying any advertisement signs on the dock The applicant selected the dock location for a variety of reasons In addition the length needed to reach a suitable water depth the applicant elected this location to avoid impacts to the preserve wetland located north of the current dock location The dock will meet the minimum height re uirements 184 Bhojwani Dock Variance Planning Case 09 07 Ala 19 2009 June 8 2009 Page 70f8 MISCELLANEOUS As much as 18 feet of the pilings are buried below the lake bottom This requires special equipment for installation or removal This equipment is a wheeled vehicle which needs to be driven on the frozen surface of the lake Due to this fact the pilings will could not be removed until there are safe ice conditions on the lake This fact should be considered when rendering a decision on this issue Corrections will could not occur prior to such a time when travel on the lake is safe VARIANCE Sec 6 23 a Variances By reason of topography soil conditions or other physical characteristics of the lake shore site strict compliance with the dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site provided that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter Finding There are fl physical charaeteristics of the site that wOl lld pre elude eompliance with the City Code requirements A one size fits all approach may not be appropriate for riparian property rights Given that the applicant has more than ten times the length of shoreline as the typical lot on Lake Minnewashta the denial of their requested use could be viewed as restricting their use and enjoyment of their lake property Sec 20 58 a Undue Hardship That the literal enforcement of this chapter would cause undue hardship For purposes of the definition of undue hardship reasonable use includes a use made by a majority of comparable property within 500 feet of it The intent of this provision is not to allow a proliferation of variances but to recognize that in developed neighborhoods pre existing standards exist Variances that blend with these pre existing standards without departing downward from them meet these criteria Finding There are nine single family residential properties with lake frontage within 500 feet of the applicant s residence These properties have lake frontage ranging from 85 to 140 feet All of these properties maintain temporary docks and can by code moor up to three boats overnight None of these properties have a crossbar on any dock in excess of25 feet as allowed by code Given City Code indicates that three boats may be moored overnight staff concludes that this coupled with access to the lake are reasonable uses The applicant could store three boats without building three individual slips thereby reducing if not eliminating the variance requested The applicant has indicated that the two lifts he has purchased are designed such that they need to be mounted on the pilings rather than resting on the lake bottom Even allowing for the two lifts the applicant could eliminate the third slip and the swimming 185 Bhojwani Dock Variance Planning Case 09 07 1ay 19 2009 June 8 2009 Page 80f8 platform and still have reasonable use of the lake even allowing overnight dockage of all three watercraft he owns The third watercraft would not be enclosed within a slip but rather would have to be docked alongside the main dock This configuration would require a crossbar 41 feet in length and a variance of 16 feet from the allowed 25 foot crossbar It has been argued that by limiting the length of the crossbar which the applicant may construct a standard would be prescribed which is not consistent with the amount of lakeshore the applicant currently owns and this restriction would in and of itself constitute a hardship RECOMMENDATION The Planni flg Commission reeomm ends that the City Council deay approves Planning Case 09 07 as shown in plans dated received April 17 2009 for a 46 foot variance request from the allowed 25 foot crossbar for docks as outlined in the staff report and adopts the attached findings of facts and decision action for denial Should the Plafllling Commission reeommend to the City Couneil approval of this request staff reeommeHds the follo ving motion The Planning Commission recommends that the City Couneil approve Plar llng Case 09 07 for a 16 foot variance to the length of a crossbai as sho tm in plans dated received i pril 17 2009 and adopt the attoohed fiFKlings of fact for approval vJtth the following conditions 1 The applicant shall remove the most northerly slip resulting in two slips 2 The applieant sflall remoyc the platform 3 The final configuration shall cOl llply vJtth the eOEgm atioH shown belo N 4 The overall length of the crossbar shall not exceed 4 l 71 feet 5 The applicant allows his permanent dock to be inspected by the City for review of appearance and fitness of use on an annual basis ATTACHMENTS 1 Findings of Fact Alternate A Denial 2 Findings of Fact Alternate B Approval 3 Application 4 Emails and letters from property owners 5 Public Hearing Notice and Affidavit of Mailing 6 Survey dated received April 17 2009 g plan 2009 planning cases 09 07 bhojwani dock variance staff report cc 060809 doc 186 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION ALTERNATE A INRE Application of Gary Bhojwani for an after the fact variance for the purpose of constructing a dock with a 71 foot long crossbar Planning Case 09 07 On May 19 2009 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following FINDINGS OF FACT 1 The property is currently zoned Single Family Residential RSF 2 The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density 1 2 4 0 units per net acre uses 3 The legal description of the property is Tracts I L Registered Land Survey No 7 4 Variance Findings Section 6 23 of the City Code provides the following criteria for the granting of a dock variance a By reason of topography soil conditions or other physical characteristics of the lakeshore site strict compliance with the dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site provided that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter Finding There are no physical characteristics of the site that would preclude compliance with the City Code requirements b Undue hardship is defined in Section 20 58 of the City Code to mean that the literal enforcement of this chapter would cause undue hardship For purposes of the definition of undue hardship reasonable use includes a use made by a majority of comparable property within 500 feet of it The intent of this provision is not to allow a proliferation of variances but to recognize that in developed neighborhoods pre existing standards exist Variances that blend with these pre existing standards without departing downward from them meet these criteria 1 187 Finding There are nine single family residential properties with lake frontage within 500 feet of the applicant s residence These properties have lake frontage ranging from 85 to 140 feet All of these properties maintain temporary docks and can by code moor up to three boats overnight None of these properties have a crossbar on any dock in excess of 25 feet as allowed by code Given City Code indicates that three boats may be moored overnight staff concludes that this coupled with access to the lake are reasonable uses The applicant could store three boats without building three individual slips thereby reducing if not eliminating the variance requested The applicant has indicated that the two lifts he has purchased are designed such that they need to be mounted on the pilings rather than resting on the lake bottom Even allowing for the two lifts the applicant could eliminate the third slip and the swimming platform and still have reasonable use of the lake even allowing overnight dockage of all three watercraft he owns The third watercraft would not be enclosed within a slip but rather would have to be docked alongside the main dock This configuration would require a crossbar 41 feet in length and a variance of 16 feet from the allowed 25 foot crossbar 5 The planning report 09 07 dated May 19 2009 prepared by Terry Jeffery et aI is incorporated herein RECOMMENDA TION The Planning Commission recommends that the City Council deny Planning Case 09 07 as shown in plans dated received April 17 2009 for a 46 foot variance request from the allowed 25 foot crossbar for docks ADOPTED by the Chanhassen Planning Commission this 19th day of May 2009 CHANHASSEN PLANNING COMMISSION BY Its Chairman 2 188 CITY OF CHANHASSEN CARVER AND HENNEPIN COuNTIES MINNESOTA FINDINGS OF FACT AND RECOMMENDATION AL TERNA TE B INRE Application of Gary Bhojwani for an after the fact variance for the purpose of constructing a dock with a 71 foot long crossbar Planning Case 09 07 On May 19 2009 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following FINDINGS OF FACT 1 The property is currently zoned Single Family Residential RSF 2 The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density 1 2 4 0 units per net acre uses 3 The legal description of the property is Tracts I L Registered Land Survey No 7 4 Variance Findings Section 6 23 of the City Code provides the following criteria for the granting of a dock variance a By reason of topography soil conditions or other physical characteristics of the lakeshore site strict compliance with the dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site provided that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter Finding There are no physical characteristics of the site that would preclude compliance with the City Code requirements b Undue hardship is defined in Section 20 58 of the City Code to mean that the literal enforcement of this chapter would cause undue hardship For purposes of the definition of undue hardship reasonable use includes a use made by a majority of comparable property within 500 feet of it The intent of this provision is not to allow a proliferation of variances but to recognize that in developed neighborhoods pre existing standards exist Variances that blend with these pre existing standards without departing downward from them meet these criteria 1 189 Finding There are nine single family residential properties with lake frontage within 500 feet of the applicant s residence These properties have lake frontage ranging from 85 to 140 feet All of these properties maintain temporary docks and can by code moor up to three boats overnight None of these properties have a crossbar on any dock in excess of 25 feet as allowed by code Given City Code indicates that three boats may be moored overnight staff concludes that this coupled with access to the lake are reasonable uses The applicant could store three boats without building three individual slips thereby reducing if not eliminating the variance requested The applicant has indicated that the two lifts he has purchased are designed such that they need to be mounted on the pilings rather than resting on the lake bottom Even allowing for the two lifts the applicant could eliminate the third slip and the swimming platform and still have reasonable use of the lake even allowing overnight dockage of all three watercraft he owns The third watercraft would not be enclosed within a slip but rather would have to be docked alongside the main dock This configuration would require a crossbar 41 feet in length and a variance of 16 feet from the allowed 25 foot crossbar 5 The planning report 09 07 dated May 19 2009 prepared by Terry Jeffery et aI is incorporated herein RECOMMENDATION The Planning Commission recommends that the City Council approve Planning Case 09 07 as shown in plans dated received April 17 2009 for a 16 foot variance request from the allowed 25 foot crossbar for docks with the following conditions 1 The applicant shall remove the most northerly slip resulting in two slips 2 The applicant shall remove the platform 3 The final configuration shall comply with the configuration shown below 4 The overall length of the crossbar shall not exceed 41 feet or 5 r 13 1 l 41 13 1 1 13 5 1 32 I 50 2 190 ADOPTED by the Chanhassen Planning Commission this 19th day of May 2009 CHANHASSEN PLANNING COMMISSION BY Its Chairman 3 191 Planning Case No 09 07 CITY OF CHANHASSEN 7700 Market Boulevard P O Box 147 Chanhassen MN 55317 952 227 1100 CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION APR 1 7 2009 PLEASE PRINT Applicant Name and Address GRry Co Rhojwani 3301 Shore Drive Excelsior MN 55331 Contact Phone a i 2 345 0930 Fax Email gary bhojwani@allianzlife com IIAll ll Owner Name and Address GRry Co Rhojwani 3301 Shore Drive Excelsior MN 55331 Contact Phone 612 345 0930 Fax Email gary bho wani@allianzlife com NOTE Consultation with City staff is reauired prior to submittal including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit CUP Vacation of Right of Way Easements VAC Interim Use Permit IUP x Variance VAR f 60 Non conforming Use Permit Wetland Alteration Permit WAP Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign 200 City to install and remove Site Plan Review SPR x w for Filing Fe ey Cost UP SPRNA A AP Metes Bounds 450 Minor SUB co TOTAL FEE tso CX soo 9 Subdivision An additional fee of 3 00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing Sixteen 16 full size folded copies of the plans must be submitted including an 8 X 11 reduced copy for each plan sheet along with a diaital CODY in TIFF Group 4 tif format Escrow will be required for other applications through the development contract Building material samples must be submitted with site plan reviews NOTE When multiple applications are processed the appropriate fee shall be charged for each application SCANNED 192 PROJECT NAME Bhojwani Dock LOCATION 3301 Shore Drive Excelsior MN 55331 LEGAL DESCRIPTION AND PID Ji9 7nM nqA 2 S tOcoqO TOTAL ACREAGE WETLANDS PRESENT x YES NO PRESENT ZONING REQUESTED ZONING RSF N A PRESENT LAND USE DESIGNATION Residential REQUESTED LAND USE DESIGNATION N A REASON FOR REQUEST To allow completion of a permanent dock that is 7 Feet wide vs 25 Feet wide FOR SITE PLAN REVIEW Include number of existing employees N A and new employees N A This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions Before filing this application you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within 15 business days of application submittal A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application I have attached a copy of proof of ownership either copy of Owner s Duplicate Certificate of Title Abstract of Title or purchase agreement or I am the authorized person to make this application and the fee owner has also signed this application I will keep myself informed of the deadlines for submission of material and the progress of this application I further understand that additional fees may be charged for consulting fees feasibility studies etc with an estimate prior to any authorization to proceed with the study The documents and information I have submitted are true and correct to the best of my knowledge Signature of Fee Ow 44 Date iff or Date SCANNED G PLAN Forms Development Review Application DOC Rev 1 08 193 Jeffery Terry From Sent To Subject Larry Oppegaard Iarry oppegaard@gmail com Tuesday May 12 2009 10 02 AM Furlong Tom Gerhardt Todd Aanenson Kate Jeffery Terry gary bhojwani@allianzlife com Bhojwani Dock May 12 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwani Dock 3301 Shore Drive Dear Chairperson and Members My name is Larry Oppegaard 6310 Cypress Drive Excelsior MN 55331 Telephone number 952 474 6047 I am a next door neighbor of Kelli and Gary and their three school age children This will be my fortieth 40 year at the lake I was also a former president of the Minnewashta Shores Association that is directly adjacent to the their property The tipping point for me is twofold The dock looks great and certainly doesn t detract from the beauty or usage of Lake Minnewashta I understand that the width of the dock exceeds the City s stipulated dimensions However this dock is fine with me when considered against the dock to shoreline ratio I have no objection to allowing the Bhojwani s to complete their dock I would favor a neighborly waiver Sincerely Larry B Oppegaard 1 194 Jeffery Terry From Sent To Subject qzilla32 qzilla32@aol com Friday May 01 2009 5 40 PM Gary Bhojwani@allianzlife com Furlong Tom Gerhardt Todd Aanenson Kate Jeffery Terry Bhojwani Dock Dear Chairperson and Members My name is Rick Helling I live on Lake Minnewashta at the address 3672 Landings Drive Excelsior 55331 My phone number is 952 470 0249 I live west of the Bhojwani s and am familiar with their dock situation My opinion is that the dock is not an eyesore or a detriment to our beautiful lake I am aware that the proposed dock exceeds the City s stipulated dimensions But I believe that with a shoreline the size of the Bhojwani s over 1200 a dock of this size is not excessive I voice no objection to allowing the Bhojwani s to finish construction of their dock I ask that you allow completion ofthe dock Sincerely Rick Helling 2 195 Jeffery Terry From Sent To Cc Subject Jay Wissink uwissink@thearistosgroup com Friday May 01 20094 17 PM Furlong Tom Gerhardt Todd Aanenson Kate Jeffery Terry gary bhojwani@allianzlife com BHOJWANI DOCK Date May 1 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwani Dock 3301 Shore Drive Dear Chairperson and Members My name is Jay Wissink My address is 6401 Landings Court My phone number is 952 544 5270 I live near Lake Minnewashta and I am familiar with the Bhojwani s partially completed dock I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta I understand that the width ofthe dock exceeds the City s stipulated dimensions 71 vs 25 However a dock of this scale is completely appropriate when considered against the scale of the Bhojwani s total shoreline over 1200 I have no objection to allowing the Bhojwani s to complete their dock I ask you to support the completion of its construction Sincerely Jay Wissink 3 196 Jeffery Terry From Sent To Subject Dirk Young dirksbackyard@msn com Friday May 01 2009 9 21 AM Furlong Tom Gerhardt Todd Aanenson Kate Jeffery Terry gary bhojwani@allianzlife com Bhojwani Dock Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwani Dock 3301 Shore Drive Dear Chairperson and Members My name is Dirk Young My address is 3830 Maple Circle Excelsior MN 55331 My phone number is 952 470 9341 I live in the Pleasant Acres Homeowner s Association on the west side of Lake Minnewashta I have lived here for 17 years and have been boating on Lake Minnewashta for 25 years I am familiar with the Bhojwani s partially completed dock I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta I believe that the dock will enhance the lake and make for easier waterskiing access on that part of the lake I understand that the width of the dock exceeds the City s stipulated dimensions 71 vs 25 However a dock of this scale is completely appropriate when considered against the scale of the Bhojwani s total shoreline over 1200 I also understand that the contractor received verbal confirmation from the city that the dock could be appropriately constructed I have no objection to allowing the Bhojwani s to complete their dock I ask you to support the completion of its construction Sincerely Dirk Young V y Jv Me y Dirk s Backyard Landscape Design 3830 Maple Circle Excelsior MN 55331 952 470 9341 4 197 Jeffery Terry From Sent To Subject Weinzetl Jodi UodLweinzetl@medtronic com Friday May 01 2009 8 12 AM Furlong Tom Gerhardt Todd Aanenson Kate Jeffery Terry 3301 Shore Drive Bhojwani dock Chanhassen Council I am writing to you in regards to the Bhojwani s dock issue 3301 Shore Drive on Lake Minnewashta My husband and I live on Lake Minnewashta and are aware of the Bhojwani s partially completed dock I am surprised at the issues I have heard about and want to let you know that the dock is not a distraction or a hazard on Lake Minnewashta I understand the size is out of your required guidelines but based on the Bhojwani s shoreline is not inappropriate We have no objection to allowing the Bhojwani s to complete their dock and sure hope you will allow them to do so If you have questions feel free to contact myself or my husband Tony Our home is 952 380 3540 Sincerely Jodi Weinzetl Medtronic Cardiovascular Minneapolis Regional Sales Manager 612 840 3496 cell 952 380 3541 office 952 380 3542 fax 1 Vascular Core Values Integrity Respect for the Individual Winning Attitude Spirit of Innovation Results Orientation Trust CONFIDENTIALITY AND PRIVACY NOTICE Information transmitted by this email is proprietary to Medtronic and is intended for use only by the individual or entity to which it is addressed and may contain information that is private privileged confidential or exempt from disclosure under applicable law If you are not the intended recipient or it appears that this mail has been forwarded to you without proper authority you are notified that any use or dissemination of this information in any manner is strictly prohibited In such cases please delete this mail from your records To view this notice in other languages you can either select the following link or manually copy and paste the link into the address bar of a web browser http emaildisclaimer medtronic com 5 198 Jeffery Terry From Sent To Cc Tim Jenzer tjenzer@yahoo com Friday May 01 2009 7 29 AM Furlong Tom Gerhardt Todd Aanenson Kate Jeffery Terry gary bhojwani@allianzlife com Date 4 01 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwani Dock 3301 Shore Drive Dear Chairperson and Members My name is Tim Jenzer My address is 3920 Maple Shores Drive My phone number is 952 470 1904 I live in the Lake Minnewashta area and I am familiar with the Bhojwani s partially completed dock I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta I understand that the width of the dock exceeds the City s stipulated dimensions 71 vs 25 However a dock of this scale is completely appropriate when considered against the scale of the Bhojwani s total shoreline over 1200 I have no objection to allowing the Bhojwani s to complete their dock I ask you to support the completion of its construction Sincerely Tim J enzer 6 199 Jeffery Terry From Sent To Mary Oppegaard besidemyself@mchsLcom Monday April 27 2009 11 08 AM Furlong Tom Gerhardt Todd kaaneson@cLchanhassen mn us Jeffery Terry gary bhojwani@allianzlife com April 27 2009 Chairperson and Members of the Chanhassen Planning Commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwani Dock at 3301 Shore Drive Dear Chairperson and Members I have lived in our home at Minnewashta Shores since 1970 and am passionate about preserving the health and beauty of Lake Minnewashta I am familiar with the Bhojwani s new dock project I support the building and completion of this dock and believe it to be of appropriate scale for the size of Bhojwani s shoreline and to be aesthetically pleasing Bhojwanis are Minnewahta lakeshore residents who have demonstrated that they care for our lake in ways that continue to preserve and increase it s water quality and that they appreciate the privilege of being a part of this lake s community experience Please support the completion of their dock construction Sincerely Mary Oppegaard 6310 Cypress Drive Excelsior MN 55331 952 474 6047 7 200 Jeffery Terry From Sent To Cc Subject Knoll Peter pknoll@knwgroup com Monday April 27 2009 7 09 AM Furlong Tom Gerhardt Todd Aanenson Kate Jeffery Terry gary bhojwani@allianzlife com Mary Knoll Bhojwani Dock in Lake Minnewashta April 27 2009 Chairperson and Members of the Chanhassen Planning Commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwani Dock 3301 Shore Drive Dear Chairperson and Members Our names are Peter Mary Knoll Our address is 3131 Dartmouth Drive Our phone number is 952 470 2193 We live on Lake Minnewashta and are familiar with the Bhojwani s partially completed dock We find it disturbing that the City of Chanhassen is reconsidering their approval of this dock AFTER granting approval in January 2009 If the City of Chanhassen wants to change any lake policy they should do so on a going forward basis not retroactively We do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta Additionally the Bhojwanis moved the footprint of this dock back so that it would in no way interfere with traffic around the point We understand that the width of the dock exceeds the City s stipulated dimensions 71 vs 25 However a dock of this scale is completely appropriate when considered against the scale of the Bhojwani s total shoreline over 1200 We have no objection to allowing the Bhojwani s to complete their dock We ask you to support the completion of its construction Lastly if approval is given by ANY person charged with such responsibility within the City of Chanhassen whether written or oral the City of Chanhassen should honor their commitment and not bend when another citizen gets vocal Honor your commitment to The Bhojwanis Sincerely Peter Mary Knoll 3131 Dartmouth Drive Chanhassen MN Securities and Investment Advisory Services offered through NFP Securities Inc a Broker Dealer Member FINRA SIPC and a Federally Registered Investment Advisor The KNW Group is an affiliate of NFP Securities Inc and a subsidiary of National 8 201 Financial Partners Corp the parent company of NFP Securities Inc Notice This e mail message and any attachment to this e mail message may contain information that is confidential proprietary privileged legally privileged and or exempt from disclosure under applicable law If you are not the intended recipient please accept this as notice that any disclosure copying distribution or use of the information contained in this transmission is strictly prohibited National Financial Partners Corp reserves the right to the extent and under circumstances permitted by applicable law to retain monitor and intercept e mail messages to and from its systems Any views or opinions expressed in this e mail are those of the sender and do not necessarily express those of National Financial Partners Corp Although this transmission and any attachment are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by NFP its subsidiaries and affiliates as applicable for any loss or damage arising in any way from its use If you have received this e mail in error please immediately contact the sender by return e mail or by telephone at 212 301 4000 and destroy the material in its entirety whether electronic or hard copy format 9 202 Jeffery Terry From Sent To Subject Ken Johnson KENJ@CMSDirect com Friday April 24 2009 2 20 PM Jeffery Terry FW Bhojwani Dock Variance Terry Jeffery Water Resources Coordinator It has come to my attention the Bhojwani s on Lake Minnewashta 3301 Shore Drive are being required to stop construction and now seek a variance for a dock that conforms to DNR guidelines I live on Lake Minnewashta 3748 Landings Dr and am familiar with the above mentioned partially completed dock I realize the City has a different requirement than the DNR for size requirements As a lake resident I do not see how the planned size of this dock detracts in any way from the aesthetics or usage of Lake Minnewashta in fact the Regional Park pier has more of an impact Terry I SUDDort allowing the completion of this dock as quickly as possible In my opinion the delays imposed just add distractions and costs be it to the Bhojwani s the construction company or even to the city staff I have chaired boards and commissions in another metro city for over 20 years I know these boards and commissions are advisory to the council To expedite the completion of construction rather than delay it through a variance process Uust to prove a point I recommend the City Council just passes a resolution allowing the construction to be completed I believe they can do it Ken Johnson 952 380 0776 10 203 Jeffery Terry From Sent To Cc Subject The Noacks d noack@mchsi com Friday April 24 2009 9 44 AM Furlong Tom Gerhardt Todd Aanenson Kate Jeffery Terry gary bhojwani@allianzlife com Bhojwani dock Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwani Dock 3301 Shore Drivel Dear Chairperson and Members My name is Don Noack and I live on Lake Minnewashta My address is 3764 Landings Dr I am sending this regarding the Bhojwani s partially completed dock I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta I understand that the width of the dock exceeds the City s stipulated dimensions 71 vs 25 However a dock of this scale is completely appropriate when considered against the scale of the Bhojwani s total shoreline over 1200 I have no objection to allowing the Bhojwani s to complete their dock I ask you to support the completion of its construction Sincerely Don Noack 952 470 5342 11 204 Date April 24 2009 Chairperson and Members of the Chanhassen Plamting commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re BhoJwani Dock Dear Chairperson and Members Our names are John and Lori Weber Our address is 3220 Dartmouth Drive Excelsior Chanhassen MN 55331 We also own the Minnewashta Lakeshore Lot directly across the street from our house Boyer s Sterling Estates Out Lot No 1 Our phone number is 952 470 1556 We own a Lakeshore Lot on Lake Minnewashta and live directly across the street from our Minnewashta Lakeshore Lot I am familiar with the Bhojwani s partially completed dock We do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta We understand that the width of the dock exceeds the City s stipulated dimensions 71 vs 251 However a dock of this scale is completely appropriate when considered against the scale of the Bhojwani s total shoreline over 12001 I have no objection to allowing the Bhojwani s to complete their dock I ask you to support the completion of its cODstmction Sincerely W 205 Jeffery Terry From Sent To Subject Ladd Langum Ladd Langum@chrobinson com Thursday April 23 2009 12 56 PM Gerhardt Todd Furlong Tom Aanenson Kate Jeffery Terry Bhojwani Dock Date 4 23 09 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwani Dock 3301 Shore Drive Dear Chairperson and Members My name is Ladd Langum My address is 6331 Cypress Drive My phone number is 952 401 7919 I ve lived on Lake Minnewashta since 1962 and currently reside on a property directly adjacent to Bhojwani s I am familiar with the Bhojwani s partially completed dock as I ve been able to view its progress out of my window since conception I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta In fact this new structure is by far the most aesthetically appealing dock on the lake at this time Its location is also an improvement in safety from previous docks on this property as it hugs the shoreline without extending way out into traffic areas of the lake I understand that the width of the dock exceeds the City s stipulated dimensions 71 vs 25 However a dock of this scale is completely appropriate when considered against the scale of the Bhojwani s total shoreline over 1200 I have no objection to allowing the Bhojwani s to complete their dock I ask you to support the completion of its construction Sincerely Ladd N Langum offUe pfi 952 683 5683 ceff pfi 612 805 5097 This em ail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed If you are not the named addressee you should not disseminate distribute or copy this e mail Please notify the sender immediately bye mail if you have received this e mail by mistake and delete this e mail from your system Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of CH Robinson CH Robinson accepts no liability for any damage caused by any virus transmitted by this email CH Robinson Worldwide 14701 Charlson Road Eden Prairie MN USA 12 206 Jeffery Terry Subject mamaharry@aol com Thursday April 23 2009 9 54 AM Furlong Tom Gerhardt Todd Aanenson Kate Jeffery Terry gary bhojwani@allianzlife com jonharris183645@aol com Fwd Shojwani Dock 3301 Shore Drive From Sent To Original Message From mamaharry@aol com To jonharris 183645@aol com Sent Thu 23 Apr 2009 9 43 am Subject Bhojwani Dock 3301 Shore Drive Dear Chairperson and Members My name is Kristi Harris and we live at 3241 Dartmouth Drive Our lake shore is closest in proximity to the Bhojwani dock and we have absolutely no objection to the completion ofthis project At twelve times the size of the average homeowner s lakeshore the property can certainly support the structure Moreover we prefer to look at the permanent dock vs the stacks of docks and canopies you see dragged into other homeowner s yards for seven months out of the year We support the fact that our neighbors are trying to enhance their property and lifestyle here and don t believe it s at the expense of anyone else s enjoyment of the lake I am one of SEVERAL Lake Minnewashta residents who grew up on this lake and returned to buy property and raise our own families here We have a huge vested interest in not only our own property but the lake as a whole There are far bigger concerns safety growing milfoil water quality etc that we should be focusing our energy and the time of city officials on I find it very disappointing that a few neighbors fmd themselves so resistant to change that they had to stir things up instead of bringing their concerns to the Bhojwani s right away Furthermore I think it is extremely unfortunate that the hardworking folks at the dock company could ultimately be affected by the decision made about this project My husband and I strongly encourage you to allow this project to be completed Thank you for your consideration of our opinion Sincerely Kristi and Jonathan Harris 952 474 2773 Sic savincs on Dell XPS Laotoos and Desktoos Sic savinas on Dell XPS Laotoos and Desktoos 14 207 April 22 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwani Dock 3301 Shore Drive Dear Chairper son and Members Our names our Peter and Pamela Strommen and we live in the same neighborhood and on the same bay as Gary and Kelli Bhojwani Our property is four lots away from the Bhojwani property We are aware that a neighbor took action with the city to halt the construction of the Bhojwani dock project Weare also aware of some of the specifics of this complaint and fmd them unmerited While the dock exceeds the 25 width allowed by the city of Chanhassen it is visually small and is very appropriate in the 1200 of shoreline that the Bhojwani s own The permanent dock is aesthetically pleasing and is more fitting for the Bhojwani property than a temporary one The Bhojwani s have strived to maintain the integrity of their shoreline and have consistently displayed the attitude of good stewards with their property and the Lake We believe that a varience to the city ordinance is appropriate and request that you allow the Bhojwani s to complete the dock as it is presently configured Sincerely Peter mmen dress and Contact Information 3221 Dartmouth Drive Excelsior MN 55331 Home 952 470 6372 Work 763 512 5201 208 Apri122 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re BhoJwani Dock Dear Chairperson and Members I am writing you today regarding the Bhojwani family dock I am a resident of the city of Chanhassen My address is 2545 Arrowhead Lane Chanhassen MN 55317 Home phone 952 474 2323 I am familiar with the Bhojwani s partially completed dock I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta I understand that the width of the dock exceeds the City s stipulated dimensions 71 vs 25 However a dock of this scale is completely appropriate when considered against the scale of the Bhojwani s total shoreline over 1200 I have absolutely no objection to allowing the Bhojwani s to complete their dock I ask you to support the completion of its construction Sincerely C L J Eric J Thomes 209 Date April 22 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re BhoJwani Dock Dear Chairperson and Members My name is Corey J Walther My address is 8584 Drake Court Chanhassen MN 55317 My phone number is 952 294 0868 I live in Chanhassen and I am familiar with the Bhojwani s partially completed dock I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta I understand that the width of the dock exceeds the City s stipulated dimensions 71 vs 251 However a dock of this scale is completely appropriate when considered against the scale of the Bhojwani s total shoreline over 12001 I have no objection to allowing the Bhojwani s to complete their dock I ask you to support the completion of its construction Sincerely l Corey J Walther 210 Date April 22 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwant Dock Dear Chairperson and Members My name is Kevin Bachmann My address is 7140 Hazeltine Blvd Chanhassen MN 55331 My phone number is 612 558 1280 I live on Lake Minnewashta and I am familiar with the Bhojwani s partially completed dock I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta I understand that the width of the dock exceeds the City s stipulated dimensions 71 vs 25j However a dock of this scale is completely appropriate when considered against the scale of the Bhojwani s total shoreline over 12001 I have no objection to allowing the Bhojwani s to complete their dock I ask you to support the completion of its construction Sincerely d 211 Date April 20 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re Bhojwani Dock 3301 Shore Drive Dear Chairperson and Planning Commissioners My name is Paul Quarberg and I live at 3311 Shore Drive Excelsior MN 55331 My home phone number is 952 470 0318 I live on Lake Minnewashta and am familiar with the partially completed dock at the Bhojwani s residence I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta nor do I have any objection to its completion It is my understanding that the width of the dock exceeds the City of Chanhassen s dock standards However when one considers the shoreline of the Bhojwani s property against that of most lake shore properties the width of the doek is completely appropriate Again I have no objection to allowing the Bhojwani s to complete their dock and I ask you to support the completion of its construction 212 April 20 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen MN 55317 Re BhoJwant Dock 3301 Shore Drlue Dear Chairperson and Members Our names are Kirk and Linda Dickey and we live at 6221 Barberry Circle in Excelsior We have deeded access and a dock on Lake Minnewashta which is located three lots from Gary and Kelli Bhojwani s property and is on the same bay We are aware that action was initiated by a neighbor to halt the construction of the Bhojwani s dock While the dock exceeds the 25 width allowed by the City of Chanhassen it is visually small compared to the 1200 feet of lakeshore that the Bhojwanis own The timber construction and thoughtful design of the Bhojwani s dock make it aesthetically preferable to the norm on the lake For example most lakeshore owners stack their metal dock sections and boat lifts on their lake shore for the winter The Bhojwani s timber dock is permanent and blends into the naturallakeshore they maintain year round In addition the location of the dock would not obstruct boat traffic A variance to the city ordinance would be perfectly reasonable in this case Please allow the Bhojwanis to resume construction and complete their dock project Sin L I1 1J7 z Dr Kirk Dickey and Mrs Linda Dickey Contact Information 6221 Barberry Circle Excelsior MN 55331 952 4 7 4 6844 213 April 19 2009 Chairperson and Members of the Chanhassen Planning Commission City of Chanhassen Re Bhojwani Dock 3301 Shore Drive Dear Chairperson and Members My name is Rachel Livingston and I live at 3331 Shore Drive on lake Minnewashta I have lived at this residence for six years I grew up in this neighborhood and spent my entire childhood on this lake I am aware of the Bhojwani dock project and I do not think that there is anything about the new dock that detracts from the overall beauty of the lake The dock is in the exact location and there is no interference with the recreational activity on the lake In fact I would say that the property at 3301 Shore Drive has always been and continues to be one of the most weil kept and glorious pieces of property on lake Minnewashta The lake has changed in so many ways since the days of Leach s Resort And it has also remained the wonderful quaint family friendly lake it was when I was a child As someone who cherishes and values tIthe way it used to be I want to be very clear about the fact that I do not see any reason for time or money to be spent trying to stop the Bhojwani s from completing their dock I hope that you support the completion of their construction and take Into account the fact that when that property came on the market many of us who live on the lake worried that a new owner would use that lakeshore in ways that would detract from the natural beauty of that point In my opinion it is their property and their right to put in this dock and I am incredibly thankful for new owners who value the same beauty and recreational activities that make this lake a wonderful place to live I Sincerely Ra Rachel tivingston 3331 Shore Drive Excelsior MN 55331 952 470 4195 214 Date 4 18 09 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassell MN 55317 cc Torn Furlong Mayor Chanhassen City Council Todd Gerhardt City Manager Re Bhojwani Dock 3301 Shore Drive Dear Chairperson and Members We are Greg and Robin Niemann and we live in the same neighborhood on the same bay as Gary and Kelli Bhojwani Our property is 3 lots away from the Bhojwani residence We were very concerned and upset to find out recently that the Bhojwani s dock project was halted abruptly due to a couple of complaints by other lake residents We cannot comprehend how this dock wouldn t be more than acceptable in every aspect Even though we understand that the dock may exceed some maximum size the city allows it actually looks small and very much acceptable in the context of the total shoreline the Bhojwanl s own In our opinion the Bhojwani s have been Ideal stewards of their considerable lake frontage They have been very sensitive in the design of this particular dock as well as how they use their frontage They have something like 1300 feet of frontage and most of it is completely natural How many people would keep it this way as the Bhojwani s have We can t imagine a better looking form of dock than natural timbers so if the complainant s concern is about aesthetics we think it is only fair to consider the appearance of all the other docks on the lake many of which are complete eyesores We would consider filing our own complaint against the owners of those docks which would be a much more legitimate one except that we view it as a waste of government resources and our time in addition to being an overstepping of personal opinion and preference over an individual s private property Honestly with stressed budgets and ever higher taxes we find it very disturbing that we are spending city resources on this argument Please support the immediate completion of the Bhojwani s dock without further expense to ourcily and It s residents h kit i 1h f A Greg and Robin Niemann Street Address and Contact Information 3231 DartmQt lth Drive Excelsior MN 55331 Home 952 401 8631 Work Greg 651 481 2372 215 Monday march 22nd City of Chanhassen Terry Jeffery re Permanent dock structure 3301 shore drive Terry Jeffrey As a 45 year resident oflake minnewashta myself and many other lakeshore owners have worked very hard with city chanhassen carver county county parks to develop and maintain our lake in its natural environment Carver County has developed a nature park with controlled boat access City of Chanhassen has developed codes and regulations re structures and non permanent docks on public waters City of Chanhassen has provided a water resource cordinator to assist owners with compliance of rules regulations Lake Minnewashta lake shore property owners are proud of our lake We request that all property owners abide by the same rules and that city enforce city permits and dock code compliance Tom Merz 3201 dartmouth drive Excelsior minn 9524746205 Please review and advise CITy OF C J IU fOl1E fi ri l1SSEN II1lL lSilW J5 MAR 2 4 2009 ENGINEER INQOEPT SCANNED 216 City of chanhassen city planning commission TERRY JEFFERY april 27 th 2009 permanent dock at 3301 shore drive Dear Terry In accordance with our phone conversation April 24th 09 I have met with Gary Bhojwani and reviewed his proposed Variance Request Due to the following a Size of the property 4 acres b Length of shoreline 1200 lin feet c Preservation of existing shore line and habitat I think this is a special piece of property and would hope the City Of Chanhassen Planning Commission will resolve this issue accordingly Tom Merz 3201 dartmouth drive Excelsior Minn 952474 6205 217 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA ss COUNTY OF CARVER I Karen J Engelhardt being first duly sworn on oath deposes that she is and was on May 7 2009 the duly qualified and acting Deputy Clerk of the City of Chanhassen Minnesota that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Bhojwani Dock Variance Planning Case 09 07 to the persons named on attached Exhibit A by enclosing a copy of said notice in an envelope addressed to such owner and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon that the names and addresses of such owners were those appearing as such by the records of the County Treasurer Carver County Minnesota and by other appropriate records Subscribed and sworn to before me this 7 day of m CM 2009 T KIM T MEUWISSEN Notary Public Minnesota M Commission expires Jan 31 2010 218 en c 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E gQ E 8o o u uO Q Q c t Q g 0 u 0 0 0 ns Q g g a Q t 0Q n sc0 Eo Om 1 Q a u n sgofi5 EC dcwo c gs 8 0 8 5 c 0 0 Q Q 5 w g U uo O g 2 S c 2 n s o 0 CU Q OQ ID c g o Q 8 E g g Q n Q o Q 6 Q g G w E ID t o Q C 5 w 0 w 0 EU n WC UCD u Q mo 6 2 Q m R KEgi Q cue8 ffi j mo Qc t Err goc g gc o Q mRE5 Q a Q oog ro Q o f cO cS EE 5 C G CDQ Q uCC o n CDOn s o 1 22 2glO u og e c E o 5 2 gg ID g c 2ga owo SEs E oo cn Q o ren g0 0 9 5cc g E g6 c Q u 2 c 8Ec Q Eg o 00 8 8 g 2 g g g E g g m E g E a m EEU 8 iai Q Q 8 5 ffi C OO o u o m C3 219 BOYER BUILDING CORP 3435 COUNTY ROAD 101 MINNETONKA MN 55345 1017 CHANDA R LYONS 2931 WASHTA BAY RD EXCELSIOR MN 55331 7823 DONALD K CHERL YN SUEKER 3111 DARTMOUTH DR EXCELSIOR MN 55331 8843 GARY A KATHLEEN A MUSGJERD 6420 TANAGERS PT EXCELSIOR MN 55331 7833 JEROME E COVENY 2921 WASHTA BAY RD EXCELSIOR MN 55331 7823 MARK A YOMARIE OLSEN 2961 W ASHT A BAY CT EXCELSIOR MN 55331 7848 OLlVEWOOD HOMEOWNERS ASSN 6475 TANAGERS PT EXCELSIOR MN 55331 7833 PETER A MARY Z KNOLL 3131 DARTMOUTH DR EXCELSIOR MN 55331 8843 STEPHEN C KAREN A MARTIN 3211 DARTMOUTH DR EXCELSIOR MN 55331 8844 THOMAS JOSEPH MERZ 3201 DARTMOUTH DR EXCELSIOR MN 55331 8844 BRUCE J JEANNINE T HUBBARD 2841 WASHTA BAY RD EXCELSIOR MN 55331 7821 CHRISTINE J LUDTKE 6480 TANAGERS PT EXCELSIOR MN 55331 7833 DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR MN 55331 7823 GAYLE H DOUGLAS DEHAAN 3071 DARTMOUTH DR EXCELSIOR MN 55331 7850 JOHN F MARY C SCHUMACHER 2941 WASHTA BAY RD EXCELSIOR MN 55331 7823 MICHAEL HUGH GILMORE 2911 W ASHTO BAY RD EXCELSIOR MN 55331 7823 PAUL R MARY K JOHNSTON 6485 TANAGERS PT EXCELSIOR MN 55331 7833 ROBERT F SANDRA K LAPRADE 6470 TANAGERS PT EXCELSIOR MN 55331 7833 SUSAN I FIEDLER 3121 DARTMOUTH DR EXCELSIOR MN 55331 8843 WILLIAM C JUDITH L BRITT 6460 TANAGERS PT EXCELSIOR MN 55331 7833 CARVER COUNTY 600 4TH ST E CHASKA MN 55318 2102 DAVID G STACEY R HURRELL 3081 DARTMOUTH DR EXCELSIOR MN 55331 7850 ESTATE OF HARRY LOUISE AHRENS 178 SPRING LAKES PKWY INGRAM TX 78025 4408 HERBERT J PATRICIA L PFEFFER 2850 TANAGERS LN EXCELSIOR MN 55331 7830 KRISTEN L ORTLlP 2831 WASHTA BAY RD EXCELSIOR MN 55331 7821 MINNEWASHTA HOME OWNERS ASSN 2851 TANAGERS LN EXCELSIOR MN 55331 7819 PER E LAURIE JACOBSON 2840 TANAGERS LN EXCELSIOR MN 55331 7830 STACEY R MICHELLE R RICKERT 6440 TANAGERS PT EXCELSIOR MN 55331 7833 THOMAS JULIE FERGUSON 17645 48TH AVE N PLYMOUTH MN 55446 2012 220 ALAN C CHRISTINE L LEIDING 6331 DOGWOOD AVE EXCELSIOR MN 55331 8850 DAVID M DRESSLER 6341 DOGWOOD AVE EXCELSIOR MN 55331 8850 GARY L OLSON 6301 DOGWOOD AVE EXCELSIOR MN 55331 8850 HENRY DOLORES A ARNESON 13791 TONBRIDGE CT BONITA SPRINGS FL 34135 3456 JUSTIN TOWNER 6311 DOGWOOD AVE EXCELSIOR MN 55331 8850 L WINSTON ELAINE G HAGEN 6300 CYPRESS DR EXCELSIOR MN 55331 8841 L YNNEA MARYSE FORSETH 6350 DOGWOOD AVE EXCELSIOR MN 55331 8867 MINNEW ASHT A SHORES INC 6341 CYPRESS DR EXCELSIOR MN 55331 8842 PAUL 0 QUARBERG 3311 SHORE DR EXCELSIOR MN 55331 7815 PETER B PAMELA J STROMMEN 3221 DARTMOUTH DR EXCELSIOR MN 55331 8844 BARBARA DIANE WINTHEISER 3321 SHORE DR EXCELSIOR MN 55331 7815 DOROTHY L SPENCER 6340 DOGWOOD AVE EXCELSIOR MN 55331 8867 GREGORY A ROBIN M NIEMANN 3231 DARTMOUTH DR EXCELSIOR MN 55331 8844 JOHN L LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 7828 KATHLEEN F OESTREICH PO BOX 624 EXCELSIOR MN 55331 0624 LADD N SIA BLANGUM 6331 CYPRESS DR EXCELSIOR MN 55331 8842 MARK L ELIZABETH A NELSON 3230 DARTMOUTH DR EXCELSIOR MN 55331 7828 NANCY J VAN EPS 6251 DOGWOOD AVE EXCELSIOR MN 55331 8849 PAUL DAVID COFFEY 6351 DOGWOOD AVE EXCELSIOR MN 55331 8850 RACHEL MARY LIVINGSTON 3331 SHORE DR EXCELSIOR MN 55331 7815 BRIAN N NANCY L TICHY 6240 CYPRESS DR EXCELSIOR MN 55331 8839 GARY C KELLI R BHOJWANI 3301 SHORE DR EXCELSIOR MN 55331 7815 HAZEL C JOHNSON 6231 CYPRESS DR EXCELSIOR MN 55331 8840 JONATHAN D KRISTI K HARRIS 3241 DARTMOUTH DR EXCELSIOR MN 55331 8844 KYLE R TANYA M LOGSLETT 6330 DOGWOOD AVE EXCELSIOR MN 55331 8867 LARRY B MARY CAROL OPPEGAARD 6310 CYPRESS DR EXCELSIOR MN 55331 8841 MICHAEL A SR TONI L HALLE EN 3351 SHORE DR EXCELSIOR MN 55331 7815 NATHANIEL C MALEN 6321 DOGWOOD AVE EXCELSIOR MN 55331 8850 PAUL L VIRGINIA L RICHIE 3342 SHORE DR EXCELSIOR MN 55331 7814 ROBERT M SUSAN S MACUNA 6340 CYPRESS DR EXCELSIOR MN 55331 8841 221 SCOTT A CHERYL L STURM 6230 CYPRESS DR EXCELSIOR MN 55331 8839 WILLIAM J CATHRYN L FOSSING 6330 CYPRESS DR EXCELSIOR MN 55331 8841 STEVEN G JEAN K WOOD 6341 CYPRESS DR EXCELSIOR MN 55331 8842 WILLIAM JEAN M MCDANIEL 3341 SHORE DR EXCELSIOR MN 55331 7815 222 Legend Bhojwani Dock Variance Request 3301 Shore Drive Public Hearing Notification Areas D Subject Property Properties within 500 feet Additional Properties Minnewashta IL W dh tko H eiglh lparkliD6 ltl J 0 0 0 c ro I III r 1l l AnI I ITt m 6ffit lilT i 1 0 WB 1 Y J If 7 m 51 J Y ffir It I oJ p J u fj l f11nDt UI1 lJ lh l 7 1 1 jH II i UJn lJ j1 L r L I j Minnewashta h 1 h 1 J I r c r Herman Field Park ff f I a r f x t Pill I 1 sM ft 2 M I UJ I I s is X l t C S 1g fff 1 L Oo D fl 7 f K a r J j r Y J j o 1 n C c I l Minnesot 1 Coach Court j III j Y J 0 2 Coach Lane m t it i Landscape 8 gl b ace t an m Arboretum 5 Village Street m L I Pu e liY I y rE A 8 Arboretum VillageTI c9 p OO Arboretum Bou evar Sit l I B 1 Autumn R lCI IT 1 ale I rr or 5Autumn Ridge Ln fJ 1 m II 7 l Lake enua e u 1 f y OHW944 5 oun M wtl r Cir r r 1 l tate I1r 223 1J Ialgr o jll Sl 55 iilPg229 I1fl l l l f nmnmmmummmmmu f r MJt III IIIIIII III I U I i i f i li Ji Hi WiHnJfifni l I l H l y 1 i l i l H 1 t gl il h 1t i 0 ii l l I 11 t ll 6 IIJ6 OIO S21f1lil1IG Dtc 213 01 001 9IJl tE I CClfll rtAI18EOll8E J il Ii z VI d I it Ig r e F pil i III z z f2 A r f11 I C Z t l1 l u t Z f11 u U1 z Ia i i f I 7 I i HI I f iiT H H Ii ip f f I lJ i E s 1 T1 13 lz JZ ifT J r i I PLAT 60 z i fll II r q I i Op lii i ill S 1 C S ii i i II g 1i iii f I iifl 9 i U I 1Oi0 iZ g2 ma f W j D r 1 r LAKE MINNEWASHTA n n 0 iO r 0 z r i U J nO U 0 m mOl z 00 J l r mI J 1 z z mI z C 0 G j 0 C j m 1 0 m J z s R d 224 Correspondence Section Letter to Lt Carol Molnau dated May 28 2009 District 112 Health Council School Board Report dated May 2009 Memo from Paul Oehme re Public Works Facility Schedule Update dated June 8 2009 Letter from Libby Starling Metropolitan Council dated May 28 2009 Memo from Greg Sticha re Review of Claims Paid dated June 1 2009 225 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 PiJblic 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 May 28 2009 Lt Governor Carol Molnau Office of the Governor 130 State Capitol 75 Rev Dr Martin Luther King Jr Blvd St Paul MN 55155 Dear Lt Governor Molnau On behalf of the many people and organizations that worked together to make the Chanhassen Veterans Monument a reality I thank you for participating in the Dedication Ceremony on Memorial Day The project was truly a community effort Many people gave their time treasure and talent which made it all the more meaningful Over 1 000 people attended the Dedication Ceremony and we continue to hear how much people enjoyed it and particularly your remarks You spoke as a Carver County resident showing your appreciation to the very Veterans to whom the Monumentis dedicated The story you recounted about the soldier in the St Louis airport put a human face on the message that so many worked to convey through the monument our gratitude You reminded us that while the Monument is a large and permanent token of our appreciation to Veterans the everyday gestures are just as important In fact I observed many people thanking the Veterans present at the community picnic following your remarks The story you shared about your father reminded me and all who were present that Veterans are not other people they are our fathers mothers brothers sisters sons daughters husbands and wives You also reminded us that the sacrifices of Veterans during war time and peace reach far beyond the time in which they serve We were so happy to have you join us particularly on such short notice Thank you for sharing your time and your story Sincerely u Tom Furlong Mayor Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 226 District Health Council School Board Report May 2009 The District Health Council was formed from the District Wellness Policy adopted May 25 2006 The role of the council is to monitor review and propose revisions to the wellness policy and serve as a resource for its implementation The District Health Council addressed the following during the 2008 2009 school year District Health Council newsletter We continue to publish a District Health Council newsletter The newsletters are posted on the district website and include nutrition and physical fitness ideas for families and a feature called What s Cool in a 112 School Birthday celebration requests Birthday and Celebration Request is being offered at CRE BCE CES and VES Parents who wish to bring in food for their child s birthday can request food for a fee through the school s foodservice staff They can choose from a birthday cake ice cream cup sherbet pretzels applesauce fresh sliced apples with caramel sauce orange juice and milk The food items are peanut free and less than 30 percent calories from fat Flu Shot Clinic November 2008 The District Health Council offered apples along with health and wellness information for individuals getting a flu shot in November Wellness Committees CMSW and CRE have wellness committees implementing activities for both students and staff The council is following the activities these committees are implementing so that ideas can be provided to other buildings CMSW has initiated the following Diabetes Awareness Month in November that included a walk diabetes facts on announcements and an informational video featuring CMSW students who have diabetes Staff versus students dodge ball Staff Wellness Challenge staff accumulates points for activities they participate in When they accumulate 30 points per month their name is eligible for a prize drawing Pennies for Patients staff versus students basketball Staff and student pedometer challenge starting 4th quarter Healthy Hints on announcements CRE has initiated the following 12 Days of Fitness in December Students completed 12 days in December of making healthy choices i e eating exercising Parents could initial a calendar that students brought home Staff step challenge with pedometers donated by St Francis Regional Medical Center 1 227 Mammo Party at St Francis Regional Medical Center CRE staff members were treated to massages manicures munchies and music in an effort to have women get their annual mammograms Jammin Minutes lead by school nurse Tara Cliff Jammin Minutes are a one minute exercise that can be done anytime during the school day The one minute exercise is done each day during morning announcements at CRE During National TV Turnoff Week in April CRE students were encouraged to participate in other activities while reducing screen time A calendar for parents to initial was sent home Those who participated were eligible for raffle prizes including games and outside activities sponsored by PTO Worksite Wellness Advisory Committee Carver County has a Worksite Wellness Advisory Committee representing employers in Carver County Kristi Juaire and Laurie Zebell are representing District 112 The purpose of the committee is to develop a network of people with a vested interest in employee health and wellness serve as a foundation for sharing resources and ideas provide feedback to Carver County on development of an upcoming wellness event sponsored by Carver County Public Health Topics discussed in 2009 include an on site farmers market fruit and vegetable challenges for staff vending in the workplace stress in the workplace and healthjwellness screenings District Intranet Site A prototype has been developed for a District Health Council intranet site The site will serve as a resource for district staff to obtain ideas for promoting student and staff wellness See attached Snack Vending Snack vending machines at CHS meet wellness policy guidelines ninety percent or more of all items will contain 35 or less of its calories from fat per serving 10 or less of its calories from saturated and trans fat and 100 of chips will be baked We are continuing to work with Midwest Vending to research products they are able to stock in the vending machines and students will purchase We will be doing some student taste tests with new products in May Vending machines at CHS are off during the time that lunch is being served Snack vending machines at the middle schools will be modified over the summer to meet wellness policy guidelines The vending machines at the middle schools are off during the school day 2 228 District Health Council Members Judy Amrhein Ryan Carlson Tara Cliff Nicole Deutsch Melissa Hanson Sue Harberts Kelly Harris Helen Hollands Todd Hoffman Kristi Juaire Dana Miller Ryan Muelemans Anne Peglow Sally Stuckey Andrea Sweeney Diane Timmers Laurie Zebell Suzi Tripp Facilities Field Schedulerr Community Education Physical Education Teacherr CMSW School Nurser CRE Carver County Public Health Nurse Assistant Coordinatorr Community Education Community Education Coordinator Physical Education Teacherr CHS Parentr BCE Chanhassen Park and Recreation Director District Health Services Coordinator Principalr PRMS Physical Education Teacherr YES Food Nutrition Training Support Assistant School Board Member Parentr Chanhassen and CMSW Food Service Supervisor Human Resources Benefits Assistant Parent and Paraprofessionalr CRE 3 229 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us 4Jft1 S a L v L MEMORANDUM TO Administrative Packet Paul Oehme Dir of Public Works City Engineer r t O t June 8 2009 FROM DATE SUBJ Public Works Facility Schedule Update Project No 08 03 Attached is a six week look ahead of the public works facility project schedule The project continues to be on schedule and budget and is anticipated to be completed by the end ofthe year Attachment Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 230 u cu LL tn JIl o u c s c c I tn tn C G J c CU J o 0 o 0 CO 0 0 II CO E e o l Cl Q g o u Cl l u c m Q m coLi 0 Hl i g iii Cl o l iii g g c d i nl I i I o en 1U 0 e 0 Q Q iS w a Hl O JW f l I I iii B Hl c en 1 It f I c U J J C 2 e Oe 1U w a B g o Q m 0 0 00 0 m m m om O u i 5 o P tlo J Q g IU 1 Q u 1U 0 E 0 w 1 Cl c Oc iii Gi 0 1 o Oz 9 9 0 0 o 0 ClO 0 N 00 9 en en en en 0 0 Q B II oE 1 IU Ci5 1 0 0 Q o 1ii oE II c u IU J J co E E o en I 1 IU J J iii IU J J m Cl co e w a I I m o I N N b o iD 1U o g N q eb tb N 0 b C t rb b o g 0 0 m m m 000 b b b q CD CD CD 000 mmmmm 00000 M 0 0 J o N U 00000 m m m m m m m m m g 0 m 0 9 9 m 9 9 0 0 9 cbq n It m 7 mmQ 0 9 I I llO CDCDCD bCDCD DCDCD g g g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 o CD 0 m M NOlO N 10 0 0 N N J C Cl c U C o i J en c o o C as CI c as o o J Cl Cl en Hl iii II iij Q 5 C 0 o J Q 0 0 u i g o a o o u n I i Q i o l Q Hl oQ i o G 1 J en co 0 C eiii c 2 D s Cii en O O2 O w Ci5 a w o l o o u l Cl Q i oE O iii s 5 E E O U 0 oue Oe CU a II a c en Cl 0 e ij 0 Li iS l5 E l s a co 0 s Ul 1U is C m 000 10 0 0 000 9 o 0 0 0 9 929 g g m g 6 o 10 m o 0 o 0 10 0 N 0 m 10 9 C 6 m 0 231 Metropolitan Council May 28 2009 Todd Gerhardt Manager City Of Chanhassen PO Box 147 Chanhassen MN 55317 Dear Mr Gerhardt Each year the Metropolitan Council prepares population and household estimates as of April 1 of the previous year After local governments have the opportunity toreview and commenton the preliminary estimates the Council certifies final estimates including any estimates still under objection by July 15 for State government use in allocating local government aid and local street aid The Metropolitan Council estimates that the Carver County portion of the City Of Chanhassen had 22 590 people and 8 154 households as of April 1 2008 Household size averaged 2 77 persons per household The Hennepin County portion had o people and 0 households as of April 1 2008 Household size averaged 0 00 persons per household Starting with counts from Census 2000 the Council estimates current population and households through changes in the housing stock occupancy rates and persons per household Input data sources now include the U S Census Bureau s American Community Survey occupancy information from the U S Postal Service and surveys conduCted by Metropolitan Council Research Incorporating ongoing methodological refinements the Council s estimates provide a realistic representation of growth since 2000 With this letter the Council is reporting the data inputs used to develop the preliminary estimates for your community Any community objections to the Council s preliminary estimates should ideally reflect specific concerns about the Council s assumptions or data inputs For more information on the Council s population estimates model please visit the Council s website at www metrocouncil org metroarea AboutEstimates htm or contact Todd Graham at 651 602 1322 Council staff welcomes discussion of these preliminary estimates Under Minnesota Statutes 473 24 the Metropolitan Council must receive your comments questions or specific objections in writing by June 24 2009 Please send any written comments or questions to Todd Graham Metropolitan Council Research 390 Robert Street North Saint Paul MN 55101 or bye mail totodd graham@metc state mn us Sincerely l d Libby Starling Research Manager www IIletrocounci1 org 390 Robert Street North St Paul MN 55101 1805 651 602 1000 Fax 651 602 1550 TrY 651 291 0904 An Equal Opportunity Employer 232 2008 Population Estimates Chanhassen city Carver County Minnesota Households I 8 1541 Population in households I 22 5781 Persons per household I 2 7691 Population in group quarters I 121 Total population I 22 590 1 The Council s model accounts for built housing stock changes since 2000 These include housing units permitted gross additions and gross losses Relying on research by the US Census Bureau the Council s model assumes that not all housing units permitted will be built in the year permitted Permtted Years Permitted New housinf units permitted 2000 2006 Year 2007 Single family detached 550 1 651 Duplex threeplex fourplex O 01 Townhouses single family attached 318 941 Multifamily 729 X 92 5 101 I Estimated units built 2000 2007 X 95 6121 X90 01 X 90 4031 X 85 6831 1 6971 Estimated new housinf units permitted and built Other f ross chanf es to housinf stock Years 2000 2006 Year 2007 Total additions and losses 2000 2007 Gross additions include building conversions units added relocated structures units annexed in Single family detached additions Duplex threeplex fourplex additions Townhouse additions Multifamily additions t 1 i oj o 01 0 l 01 1 1 6l L J c Qi L ot Gross losses include demolitions building conversions units lost relocated structures units annexed out 12 i 01 01 I 81 i Single family detached losses Duplex threeplex fourplex losses Townhouse losses Multifamily losses 691 I o 180 I I o 180 I O i 1 L I oJ 260 i I Other f ross chanf es to built housing stock 1 437 i Total changes to built housing stock Metropolitan Council Wednesday May 27 2009 233 2008 Population Estimates Chanhassen city Carver County Minnesota Estimates of housing stock are segmented into ownership housing and rental housing Each housing type will have a specifically estimated occupancy rate Each combination of housing type and tenure ownership housing or rental will have a specifically estimated average household size Housinl stock estimated for Avril 1 Homeownershiv rates bv wve of housinl estimated Occuvancv rates Owned Rented Single family detached Duplex threeplex fourplex Townhouses Estimated built housing units 5 8801 931 1 2171 1 2611 8 4511 I 98 5 1 I 37 6 1 I I 96 9 I I I 95 0 I I 95 8 I Co 9 r 1 1 195 5 I 95 2 1 I Multifamily r 24 5 Owned I 7 292 Mobile homes Boats etc serving as housing 01 01 Occuvancv rates 95 0 100 0 The Council s model multiplies housing units by occupancy rates segmented by housing type to determine occupied housing The number of occupied housing units is equivalent to households A household is a group of people or a person living alone occupying a housing unit Institutional or group quarters housing is accounted separately through an annual survey by Metropolitan Council Households I 8 154 Population in households is calculated mutliplying households by average household sizes persons per household segmented by housing type and tenure The final step in poulation estimation is to add population in households population in group quarters counted by the Council s annual survey Persons ver Household Multivliers Single family detached Duplex threeplex fourplex Townhouses Owner occuvied 3 239 2 1061 1 8291 1 5161 Renter occuvied I 1 9641 1 0341 2 1351 1 6621 Population in households I Population in group quarters I 22 5781 121 I Multifamily Mobile homes Boats etc serving as housing 2 4201 I 2 000 Total population I 22 590 i Metropolitan Council Wednesday May 27 2009 234 2008 Population Estimates Chanhassen city Hennepin County Minnesota Households 1 of Population in households Population in group quarters Total population 01 01 01 Persons per household 0 000 I The Council s model accounts for built housing stock changes since 2000 These include housing units permitted gross additions and gross losses Relying on research by the US Census Bureau the Council s model assumes that not all housing units permitted will be built in the year permitted Single family detached Duplex threeplex fourplex Townhouses single family attached Multifamily Permtted Years 2000 2006 01 01 01 o I X 92 5 I Permitted Year 2007 Estimated units built 2000 2007 New housinf units permitted o 1 X 95 o 1 X 90 o 1 X 90 o 1 X 85 01 I o r I 0 I I o Estimated new housinf units permitted and built Other f ross chanf es to housinf stock Years 2000 2006 Year 2007 Total additions and losses 2000 2007 Gross additions include building conversions units added relocated structures units annexed in 01 1 o I I 1 0 i of ol Single family detached additions Duplex threeplex fourplex additions Townhouseadduions oi Multifamily additions Dl i 0 I I ol J 0 L i 0 i 1 r Ol L Gross losses include demolitions building conversions units lost relocated structures units annexed out 01 01 I 01 01 I 01 I oi I cl 0 I 01 I Single family detached losses Duplex threeplex fourplex losses Townhouse losses Multifamily losses 01 J o cJl Other f ross chanf es to built housinf stock 01 01 Total chanf es to built housinf stock Metropolitan Council Wednesday May 27 2009 235 2008 Population Estimates Chanhassen city Hennepin County Minnesota Estimates of housing stock are segmented into ownership housing and rental housing Each housing type will have a specificaIly estimated occupancy rate Each combination of housing type and tenure ownership housing or rental will have a specificaIly estimated average household size Housin l stock estimated for Aoril Homeownershio rates bv woe of housin l estimated Occuoancv rates Owned Rented Estimated built housing units 01 01 I 0 1 01 01 I O O i Single family detached Duplex threeplex fourplex Townhouses Multifamily 0 0 97 9 I 94 1 I L 97 1 J I 94 0 l 195 i 0 0 1 I 1 0 00 Owned 1 OJ Mobile homes Boats etc serving as housing 01 01 Occuoancv rates 95 0 I 100 0 I The Council s model multiplies housing units by occupancy rates segmented by housing type to determine occupied housing The number of occupied housing units is equivalent to households A household is a group of people or a person living alone occupying a housing unit Institutional or group quarters housing is accounted separately through an annual survey by Metropolitan Council Households 01 Population in households is calculated mutliplying households by average household sizes persons per household segmented by housing type and tenure The final step in poulation estimation is to add population in households population in group quarters counted by the Council s annual survey Persons oer Household Multioliers Single family detached Duplex threeplex fourplex Owner occuoied 1 2 8301 L 1 9901 I 1 8901 1 4001 2 8201 I Renter occuoied 1 3 1801 1 I I 2 4201 2 0001 2 41 Population in households 01 01 Townhouses Multifamily Mobile homes Boats etc serving as housing 1 7201 Population in group quarters I 1 Total population L 0 I Metropolitan Council Wednesday May 27 2009 236 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone 952 227 1100 Fax 952 227 1110 Building Inspections Phone 952 227 1180 Fax 952 227 1190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phone 952 227 1140 Fax 952 227 1110 Park Recreation Phone 952 227 1120 Fax 952 227 1110 Recreation Center 2310 Coulter Boulevard Phone 952 227 1400 Fax 952 227 1404 Planning Natural Resources Phone 952 227 1130 Fax 952 227 1110 Public Works 1591 Park Road Phone 952 227 1300 Fax 952 227 1310 Senior Center Phone 952 227 1125 Fax 952 227 1110 Web Site www ci chanhassen mn us MEMORANDUM TO Mayor City Council FROM Greg Sticha Finance Director DATE June 1 2009 SUBJECT Review of Claims Paid 7 The following claims are submitted for review on June 8 2009 Check Numbers Amounts 140331 140439 309 965 63 May Visa charges 27 525 37 Total All Claims 337 491 00 Attachments Check Summary Check Detail Report Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 237 CITY OF CHANHASSEN User danielle Accounts Payable Checks by Date Summary by Check Number Printed OS 29 2009 14 36 Summary Check Number 140331 140332 140333 140334 140335 140336 140337 140338 140339 140340 140341 140342 140343 140344 140345 140346 140347 140348 140349 140350 140351 140352 140353 140354 140355 140356 140357 140358 140359 140360 140361 140362 140363 140364 140365 140366 140367 140368 140369 140370 140371 140372 140373 140374 140375 140376 140377 140378 140379 140380 140381 140382 140383 140384 140385 140386 140387 140388 140389 140390 140391 140392 Vendor No Vendor Name AARP AARP AMETES AMERICAN TEST CENTER anchtit Anchor Title Services ARAMAR ARAMARK Augcol Augsburg College BATPLU BATTERIES PLUS BORSTA BORDER STATES ELECTRIC SUPPLY CARRED CARVER COUNTY RED CROSS CLEIRR CLEARWATER IRRIGATION INC COMINT COMPUTER INTEGRATION TECHN DelDen Delta Dental dicsan Dick s Sanitation Inc DISSAL DISPLAY SALES COMPANY ELEINS ELECTRICAL INSTALL MAINT INC ExeOce Executive Ocean Inc F ACMOT FACTORY MOTOR PARTS COMPANY FASCOM FASTENALCOMPANY FIRLAB FIRSTLAB HA WCHE HAWKINS CHEMICAL HDsup HD Supply Waterworks LTD HELRUS HELMETS R US HOLGRE HOLASEK SON GREENHOUSES INC ICMA ICMA ICMART ICMA RETIREMENT AND TRUST 457 IMPPOR IMPERIAL PORTA PALACE InnOff Innovative Office Solutions L JEFFIR JEFFERSON FIRE SAFETY INC JenkJoel JOEL JENKINS JIMBRO JIM BROWN S CULTURED SOD FARM KATFUE KATH FUEL OIL SERVICE LANZBOB BOB LANZI LOTLA W LOTUS LAWN AND GARDEN LUTSAN LUTHY S SANDBLASTING P AINTIN LYMLUM LYMAN LUMBER METATH METRO ATHLETIC SUPPLY MINGER MINGER CONSTRUCTION MNAWWA MINNESOTAAWWA MNCHIL MN CHILD SUPPORT PAYMENT CTR MNLIFE MINNESOTA LIFE MSRS MSRS MXLog MX Logic NAGAPP NAGELL APPRAISAL CONSULTING NATRET Nationwide Retirement Solution NATRET Nationwide Retirement Solution PARSUP PARTEK SUPPLY INC PreOne PreferredOne Insurance Company PRTURF PRO TURF RICBUS RICHFIELD BUS COMPANY rindray Ray Rindahl RUEGJERR JERRY RUEGEMER RWFar RW Farms LLC SENSYS SENTRY SYSTEMS INC ShaPel Shafer Feld Printers Inc SIGNSU SIGNS N SUCH SNATOO SNAP ON TOOLS Southwes Southwest Metro Chamber of Com SPRPCS SPRINT PCS SPSSLP SPS Companies St Louis Park TWISEE TWIN CITY SEED CO UNIREN UNITED RENTALS HIGHWAYS TECH UNIW A Y UNITED WAY USABLU USA BLUE BOOK Check Date OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 OS 21 2009 Void Amount 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 Check Amount 362 00 1 462 00 426 52 350 62 125 00 47 91 71 65 77 00 826 09 119 85 1 642 50 2 429 11 333 35 8 334 70 15 98 67 09 951 43 117 00 287 20 295 62 411 05 1 380 24 1 040 00 1 610 00 4 749 90 434 11 798 75 382 50 31 98 2 577 00 202 50 3 867 02 1 575 00 61 34 344 74 9 377 50 60 00 358 09 238 CITY OF CHANHASSEN Accounts Payable Printed OS 29 2009 14 36 User danielle Checks by Date Summary by Check Number Summary Check Number Vendor No Vendor Name Check Date Void Amount Check Amount 140393 WACFAR W ACONIA FARM SUPPLY OS 21 2009 0 00 750 09 140394 WMMUE WM MUELLER SONS INC OS 21 2009 0 00 8 052 05 140395 wurtbria Brian Wurtzberger OS 21 2009 0 00 180 00 140396 ZIEGLE ZIEGLER INC OS 21 2009 0 00 53 063 52 140397 ZOERPEGG PEGGIE ZOERHOF OS 21 2009 0 00 1 917 30 140398 AFLAC American Family Life Assurance OS 28 2009 0 00 187 90 140399 BCATRA BCA TRAINING DEVELOPMENT OS 28 2009 0 00 90 00 140400 BILLS USA SUSAN BILL OS 28 2009 0 00 68 20 140401 BoleChri Christopher Boles OS 28 2009 0 00 97 50 140402 BORSTA BORDER STATES ELECTRIC SUPPLY OS 28 2009 0 00 137 28 140403 BouWor Boulder Works Inc OS 28 2009 0 00 11 084 50 140404 BRAUER BRAUER ASSOCIATES LID OS 28 2009 0 00 4 393 57 140405 BRYROC BRYAN ROCK PRODUCTS INC OS 28 2009 0 00 296 49 140406 carcou Carver County OS 28 2009 0 00 224 00 140407 CarCouHi Carver County Historical Socie OS 28 2009 0 00 17 00 140408 Cha V ac Chanhassen Vacuum Carpet Cle OS 28 2009 0 00 10 64 140409 CLITHE CLIMB THEATRE INC OS 28 2009 0 00 3 020 00 140410 EDEPRA EDEN PRAIRIE SCHOOL DIST 272 OS 28 2009 0 00 928 53 140411 ExeOce Executive Ocean Inc OS 28 2009 0 00 154 11 140412 F ACMOT FACTORY MOTOR PARTS COMPANY OS 28 2009 0 00 51 11 140413 FASCOM FASTENAL COMPANY OS 28 2009 0 00 622 43 140414 FraAnn Annette Fragale OS 28 2009 0 00 117 60 140415 HamiMich MICHAEL HAMILTON OS 28 2009 0 00 247 50 140416 HANTHO HANSEN THORP PELLINEN OLSON OS 28 2009 0 00 3 480 00 140417 HarFue Hartland Fuel Products LLC OS 28 2009 0 00 8 250 40 140418 HDsup HD Supply Waterworks LID OS 28 2009 0 00 17 938 51 140419 HELRUS HELMETS R US OS 28 2009 0 00 385 70 140420 HOISBETH BETH HOISETH OS 28 2009 0 00 10 00 140421 InnOff Innovative Office Solutions L OS 28 2009 0 00 79 18 140422 JenkJoel JOEL JENKINS OS 28 2009 0 00 337 50 140423 KENGRA KENNEDY GRAVEN CHARTERED OS 28 2009 0 00 704 00 140424 MENARD MENARDS EDEN PRAIRIE OS 28 2009 0 00 4 80 140425 MIDPLA MIDWEST PLA YSCAPES OS 28 2009 0 00 1 825 41 140426 MTIDIS MTI DISTRIBUTING INC OS 28 2009 0 00 72 453 67 140427 OmanSand Sandie Oman OS 28 2009 0 00 52 50 140428 PARCON PARROTT CONTRACTING INC OS 28 2009 0 00 601 00 140429 parent Partners In Entertainment OS 28 2009 0 00 1 089 75 140430 SeaDiv Seaya Diving Inc OS 28 2009 0 00 114 00 140431 ShaFel Shafer Fe1d Printers Inc OS 28 2009 0 00 170 40 140432 ShneElan Elana Shneur OS 28 2009 0 00 10 70 140433 SOUMET SOUTH METRO PUBLIC SAFETY OS 28 2009 0 00 1 340 00 140434 SUNRAM SUNRAM CONSTRUCTION OS 28 2009 0 00 11 924 39 140435 TARGET TARGET OS 28 2009 0 00 39 82 140436 UNIREN UNITED RENTALS HIGHWAYS TECH OS 28 2009 0 00 1 292 02 140437 WardMatt Matthew Warden OS 28 2009 0 00 80 00 140438 wattteri Teri Watt OS 28 2009 0 00 4 00 140439 WILNUR WILSON S NURSERY INC OS 28 2009 0 00 233 23 Report Total 0 00 309 965 63 Page 2 239 American Family Life Assurance AFLAC American Family Life Assurance Ck 140398 OS 28 09 InY 282125 Line Item Date OS 26 09 OS 26 09 OS 26 09 OS 26 09 InY 282125 Total CITY OF CHANHAS User danielle AARP AARP AARP Ck 140331 InY 051909 Line Item Date 05 19 09 InY 051909 Total Ck 140331 Total AARP AARP Ck 140398 Total AFLAC Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount OS 2l 09 Line Item Description Defensiye Driving Line Item Account 101 1560 4300 362 00 362 00 362 00 AARP 362 00 362 00 Line Item Description May 2009 Charges May 2009 Charges May 2009 Charges May 2009 Charges Line Item Account 700 0000 2008 701 0000 2008 210 0000 2008 101 0000 2008 6 71 6 71 15 75 158 73 187 90 187 90 American Family Life Assurance 187 90 American Family Life Assurance 187 90 AMERICAN TEST CENTER AMETES AMERICAN TEST CENTER Ck 140332 OS 2l 09 InY 2091581 Line Item Date Line Item Description 05 15 09 Fire Truck Tested Unit 228 Ground Lad InY 2091581 Total Ck 140332 Total AMETES Line Item Account 101 1220 4520 1 462 00 1 462 00 1 462 00 AMERICAN TEST CENTER 1 462 00 AMERICAN TEST CENTER 1 462 00 Anchor Title Services anchtit Anchor Title Services Ck 140333 OS 2l 09 InY 051909 Line Item Date 05 19 09 05 19 09 05 19 09 InY 051909 Total Ck 140333 Total anchtit Line Item Description Reissue Ck VB 7617 Nicholas Way Chan Reissue Ck VB 7617 Nicholas Way Chan Reissue Ck VB 7617 Nicholas Way Chan Line Item Account 720 0000 2020 700 0000 2020 701 0000 2020 63 47 134 74 228 31 426 52 426 52 Anchor Title Services 426 52 Page 1 240 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Anchor Title Services Amount 426 52 ARAMARK ARAMAR ARAMARK Account Ck 140334 OS 21 09 Inv 615566 Line Item Date 05 14 09 Inv 615566 Total 101 1170 4110 Line Item Description Coffee Supplies Line Item Account 101 1170 4110 350 62 350 62 Ck 140334 Total 350 62 ARAMAR ARAMARK 350 62 ARAMARK 350 62 Augsburg College Augcol Augsburg College Ck 140335 OS 21 09 Inv 051809 Line Item Date 05 18 09 Inv 051809 Total Line Item Description Music of Many Cultures 05 18 09 Line Item Account 101 1560 4300 125 00 125 00 Ck 140335 Total 125 00 Augcol Augsburg College 125 00 Augsburg College 125 00 BATTERIES PLUS BATPLU BATTERIES PLUS Ck 140336 OS 21 09 Inv 20156225 Line Item Date Line Item Description 05 15 09 Tech Center Rebuild Kit Inv 20156225 Total Line Item Account 701 0000 4530 47 91 47 91 Ck 140336 Total 47 91 BATPLU BATTERIES PLUS 47 91 BATTERIES PLUS 47 91 BCA TRAINING DEVELOPMENT BCATRA BCA TRAINING DEVELOPMENT Ck 140399 OS 28 09 Inv 052809 Line Item Date OS 28 09 Inv 052809 Total Line Item Description Criminal Background Investigations Qty 6 Line Item Account 101 1120 4300 90 00 90 00 Ck 140399 Total 90 00 BCATRA BCA TRAINING DEVELOPMENT 90 00 BCA TRAINING DEVELOPMENT 90 00 Page 2 241 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount BILL SUSAN BILLSUSA BILL SUSAN Ck 140400 OS 28 09 Iny 052709 Line Item Date OS 27 09 Iny 052709 Total Line Item Description Mileage Reimbursement Line Item Account 101 1560 4380 68 20 68 20 Ck 140400 Total 68 20 BILLSUSA BILL SUSAN 68 20 BILL SUSAN 68 20 Boles Christopher BoleChri Boles Christopher Ck 140401 OS 28 09 Iny 052709 Line Item Date OS 27 09 Iny 052709 Total Line Item Description Personal Training L Hanson Line Item Account 101 1533 4300 97 50 97 50 Ck 140401 Total 97 50 BoleChri Boles Christopher 97 50 Boles Christopher 97 50 BORDER STATES ELECTRIC SUPPLY BORSTA BORDER STATES ELECTRIC SUPPLY Ck 140337 OS 21 09 InY 99371738 Line Item Date Line Item Description 05 14 09 Misc part supply InY 99371738 Total Line Item Account 101 1190 4530 71 65 71 65 Ck 140337 Total 71 65 Ck 140402 OS 28 09 Iny 99398759 Line Item Date Line Item Description OS 21 09 Misc part supply InY 99398759 Total Line Item Account 101 1220 4530 137 28 137 28 Ck 140402 Total 137 28 BORSTA BORDER STATES ELECTRIC SUPPLY 208 93 BORDER STATES ELECTRIC SUPPLY 208 93 Boulder Works Ine BouWor Boulder Works Ine Ck 140403 OS 28 09 Iny 050609 Line Item Date 05 06 09 Iny 050609 Total Line Item Description Kerber Pond outcrop boulders rip rap Line Item Account 720 0000 4300 11 084 50 11 084 50 Page 3 242 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Ck 140403 Total Amount 11 084 50 BouWor Boulder Works Inc 11 084 50 Boulder Works Inc 11 084 50 BRAUER ASSOCIATES LTD BRAUER BRAUER ASSOCIATES LTD Ck 140404 OS 28 09 Inv 1202649 Line Item Date Line Item Description 04 30 09 Hwy 101 Pleasant View BluffCrk Pioneer Inv 1202649 Total Line Item Account 410 0000 4300 4 393 57 4 393 57 Ck 140404 Total 4 393 57 BRAUER BRAUER ASSOCIATES LTD 4 393 57 BRAUER ASSOCIATES LTD 4 393 57 BRYAN ROCK PRODUCTS INC BRYROC BRYAN ROCK PRODUCTS INC Ck 140405 OS 28 09 Inv 31703 Line Item Date Line Item Description 05 04 09 1 Red Decorative Inv 31703 Total Line Item Account 700 0000 4552 296 49 296 49 Ck 140405 Total 296 49 BRYROC BRYAN ROCK PRODUCTS INC 296 49 BRYAN ROCK PRODUCTS INC 296 49 Carver County carcou Carver County Ck 140406 OS 28 09 Inv SHERI001242 Line Item Date Line Item Description 05 06 09 Bike Rodeo Crowd control security Inv SHERI001242 Total Line Item Account 101 1210 4300 224 00 224 00 Ck 140406 Total 224 00 carcou Carver County 224 00 Carver County 224 00 Carver County Historical Socie CarCouHi Carver County Historical Socie Ck 140407 OS 28 09 Inv 051309 Line Item Date Line Item Description 05 13 09 Research Fees Inv 051309 Total Line Item Account 101 1120 4300 17 00 17 00 Ck 140407 Total 17 00 Page 4 243 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 CarCouHi Carver County Historical Socie Amount 17 00 Carver County Historical Socie 17 00 CARVER COUNTY RED CROSS CARRED CARVER COUNTY RED CROSS Ck 140338 OS 21 09 Iny 469 Line Item Date 05 14 09 Iny 469 Total Line Item Description 05 09 09 Babysitter Training S Nahan Line Item Account 101 1530 4130 77 00 77 00 Ck 140338 Total 77 00 CARRED CARVER COUNTY RED CROSS 77 00 CARVER COUNTY RED CROSS 77 00 Chanhassen Vacuum Carpet Cle ChaVac Chanhassen Vacuum Carpet Cle Ck 140408 OS 28 09 Iny 4592 Line Item Date Line Item Description 05 14 09 Bare floor tool Iny 4592 Total Line Item Account 101 1190 4530 10 64 10 64 Ck 140408 Total 10 64 Cha Vac Chanhassen Vacuum Carpet Cle 10 64 Chanhassen Vacuum Carpet Cle 10 64 CLEARWATER IRRIGATION INC CLEIRR CLEARWATERIRRIGATIONINC Ck 140339 OS 21 09 Iny 25468 Line Item Date 05 08 09 Iny 25468 Total Line Item Description Fire Station Irrigation Repair Line Item Account 601 6018 4300 826 09 826 09 Ck 140339 Total 826 09 CLEIRR CLEARWATER IRRIGATION INC 826 09 CLEARWATER IRRIGATION INC 826 09 CLIMB THEATRE INC CLITHE CLIMB THEATRE INC Ck 140409 OS 28 09 Iny 041709 Line Item Date 04 17 09 Iny 041709 Total Line Item Description Trash The HuggerTree Me performances Line Item Account 720 7201 4300 3 020 00 3 020 00 Ck 140409 Total 3 020 00 CLITHE CLIMB THEATRE INC 3 020 00 Page 5 244 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 CLIMB THEATRE INC Amount 3 020 00 COMPUTER INTEGRATION TECHN COMINT COMPUTER INTEGRATION TECHN Ck 140340 OS 21 09 InY ISI251O Line Item Date Line Item Descriotion 04 30 09 Website hosting expanded storage stat Iny IS 12510 Total Line Item Account 101 1160 4300 119 85 119 85 Ck 140340 Total 119 85 COMINT COMPUTER INTEGRATION TECHN 119 85 COMPUTER INTEGRATION TECHN 119 85 Delta Dental DelDen Delta Dental Ck 140341 OS 21 09 Iny 4258670 Line Item Date Line Item Descriotion 05 15 09 June 2009 Premiums 05 15 09 June 2009 Premiums 05 15 09 June 2009 Premiums 05 15 09 June 2009 Premiums InY 4258670 Total Line Item Account 720 0000 2013 701 0000 2013 700 0000 2013 10 1 0000 20 13 49 24 77 44 221 74 1 294 08 1 642 50 Ck 140341 Total 1 642 50 DelDen Delta Dental 1 642 50 Delta Dental 1 642 50 Dick s Sanitation Inc dicsan Dick s Sanitation Inc Ck 140342 OS 21 09 Iny 964003 Line Item Date 03 17 09 Iny 964003 Total Line Item Descriotion Chan Library Line Item Account 101 1190 4350 337 74 337 74 Line Item Account 101 1170 4350 244 64 244 64 Line Item Account 101 1370 4350 262 68 262 68 Line Item Account 101 1220 4350 90 10 90 10 Line Item Account 101 1220 4350 90 10 Page 6 InY 964004 Line Item Date 03 17 09 Iny 964004 Total Line Item Descriotion Chan City Hall Iny 964005 Line Item Date 03 17 09 Iny 964005 Total Line Item Descriotion Chan Public Works Bldg Iny 964006 Line Item Date 03 17 09 InY 964006 Total Line Item Descriotion Chan West Fire Dept Inv 964007 Line Item Date 03 17 09 Line Item Descriotion Chan Main Fire Dept 245 CITY OF CHANHAS User danielle Iny 964007 Total InY 973140 Line Item Date 03 25 09 InY 973140 Total Iny 973486 Line Item Date 04 08 09 Iny 973486 Total Iny 977607 Line Item Date 04 24 09 Iny 977607 Total Iny 977608 Line Item Date 04 24 09 Iny 977608 Total Iny 977609 Line Item Date 04 24 09 Iny 977609 Total InY 97761O Line Item Date 04 24 09 InY 97761O Total Ck 140342 Total dicsan Dick s Sanitation Inc Line Item Description Chan Park Line Item Description Chan Main Fire Dept Line Item Description Chan City Hall Line Item Description Chan Library Line Item Description Chan Public Works Bldg Line Item Description Chan West Fire Dept Dick s Sanitation Inc DISPLAY SALES COMPANY DISSAL DISPLAY SALES COMPANY Ck 140343 OS 21 09 Iny INV0067357 Line Item Date Line Item Description 05 14 09 US Nylon Flag Iny INV0067357 Total Ck 140343 Total DISSAL DISPLAY SALES COMPANY DISPLAY SALES COMPANY EDEN PRAIRIE SCHOOL DIST 272 EDEPRA EDEN PRAIRIE SCHOOL DIST 272 Ck 140410 OS 28 09 InY 9021906 Line Item Date OS 21 09 Line Item Description Charges for facility rental @ EPHS Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount 90 10 Line Item Account 101 1550 4350 773 66 773 66 Line Item Account 101 1220 4350 93 31 93 31 Line Item Account 101 1170 4350 139 79 139 79 Line Item Account 101 1190 4350 198 51 198 51 Line Item Account 101 1370 4350 153 53 153 53 Line Item Account 101 1220 4350 45 05 45 05 2 429 11 2 429 11 2 429 11 Line Item Account 101 1220 4120 333 35 333 35 333 35 333 35 333 35 Line Item Account 101 1534 4300 928 53 Page 7 246 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Inv 9021906 Total Amount 928 53 Ck 140410 Total 928 53 EDEPRA EDEN PRAIRIE SCHOOL DIST 272 928 53 EDEN PRAIRIE SCHOOL DIST 272 928 53 ELECTRICAL INSTALL MAINT INC ELEINS ELECTRICAL INSTALL MAINT INC Ck 140344 OS 21 09 Inv 10534IN Line Item Date Line Item Description 05 11 09 No power to siren @ Lake Ann Park Inv 10534IN Total Line Item Account 101 1220 4530 4 090 00 4 090 00 Inv 10540IN Line Item Date Line Item Description 05 12 09 Siren Maintenance at 10 Sites Inv 10540IN Total Line Item Account 101 1220 4530 4 244 70 4 244 70 Ck 140344 Total 8 334 70 ELEINS ELECTRICAL INSTALL MAINT INC 8 334 70 ELECTRICAL INSTALL MAINT INC 8 334 70 Executive Ocean Inc ExeOce Executive Ocean Inc Ck 140345 OS 21 09 Inv 19959 Line Item Date 04 22 09 Inv 19959 Total Line Item Description Updated plate 2009 The Full Hand Line Item Account 101 1752 4130 15 98 15 98 Ck 140345 Total 15 98 Ck 140411 Inv 19958 Line Item Date 05 19 09 Inv 19958 Total OS 28 09 Line Item Description Sunburst Relief Basketball Resin Spring Line Item Account 101 1763 4130 48 46 48 46 Inv 19976 Line Item Date OS 22 09 Inv 19976 Total Line Item Description Environmental Commission Member R Olsen Line Item Account 101 1110 4375 105 65 105 65 Ck 140411 Total 154 11 ExeOce Executive Ocean Inc 170 09 Executive Ocean Inc 170 09 Page 8 247 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount FACTORY MOTOR PARTS COMPANY FACMOT FACTORY MOTOR PARTS COMPANY Ck 140346 OS 21 09 Iny 13088958 Line Item Date Line Item Description 05 04 09 60 Series Batt PP 1 7 Iny 13088958 Total Line Item Account 101 1550 4120 27 63 27 63 Iny 13091635 Line Item Date Line Item Description 05 06 09 Credit for battery cores Iny 13091635 Total Line Item Account 101 1320 4120 4 50 4 50 InY 13092817 Line Item Date Line Item Description 05 08 09 Battery CCA400 Iny 13092817 Total Line Item Account 101 1550 4120 43 96 43 96 Ck 140346 Total 67 09 Ck 140412 OS 28 09 Iny 13095351 Line Item Date Line Item Description 05 12 09 Battery Core Iny 13095351 Total Line Item Account 101 1550 4140 3 50 3 50 Iny 13098403 Line Item Date Line Item Description 05 18 09 Battery CCA500 Iny 13098403 Total Line Item Account 101 1550 4140 54 61 54 61 Ck 140412 Total 51 11 FACMOT FACTORY MOTOR PARTS COMPANY 118 20 FACTORY MOTOR PARTS COMPANY 118 20 FASTENAL COMPANY FASCOM FASTENAL COMPANY Ck 140347 OS 21 09 InY TI025863 Line Item Date Line Item Description 05 08 09 Misc parts supplies Iny Tl025863 Total Line Item Account 700 0000 4552 951 43 951 43 Ck 140347 Total 951 43 Ck 140413 OS 28 09 Iny Tl 025555 Line Item Date Line Item Description 05 05 09 Utilities notice sign Danger Confined InY TI025555 Total Line Item Account 701 0000 4510 622 43 622 43 Ck 140413 Total 622 43 FASCOM FASTENAL COMPANY 1 573 86 FASTENAL COMPANY 1 573 86 Page 9 248 HAMILTON MICHAEL HamiMich HAMILTON MICHAEL Ck 140415 OS 28 09 Iny 052709 Line Item Date OS 27 09 Iny 052709 Total HANSEN THORP PELLINEN OLSON HANTHO HANSEN THORP PELLINEN OLSON Ck 140416 OS 28 09 Iny 17860 Line Item Date 05 06 09 Iny 17860 Total CITY OF CHANHAS User danielle FIRSTLAB FIRLAB FIRSTLAB Ck 140348 OS 21 09 Iny 110781 Line Item Date 05 08 09 05 08 09 05 08 09 Iny 110781 Total Ck 140348 Total FIRLAB FIRSTLAB Fragale Annette FraAnn Fragale Annette Ck 140414 OS 28 09 Iny 052709 Line Item Date OS 27 09 Iny 052709 Total Ck 140414 Total FraAnn Fragale Annette Ck 140415 Total HamiMich HAMILTON MICHAEL Iny 17875 Line Item Date 05 18 09 Iny 17875 Total Ck 140416 Total Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount Line Item Description DOT Drug Screen Random DOT Drug Screen Random DOT Drug Screen Random Line Item Account 101 1320 4300 101 1550 4300 700 0000 4300 39 00 39 00 39 00 117 00 117 00 FIRSTLAB 117 00 117 00 Line Item Description Line Dancing Program Line Item Account 101 1539 4300 117 60 117 60 117 60 Fragale Annette 117 60 117 60 Line Item Description Adult Softball Umpire II @ 22 50 Line Item Account 101 1766 4300 247 50 247 50 247 50 HAMIL TON MICHAEL 247 50 247 50 Line Item Description Lake Ann Park picnic shelter ballfield Line Item Account 410 0000 4300 175 00 175 00 Line Item Description Lakota Ln Cul de Sac professional servic Line Item Account 601 6019 4300 3 305 00 3 305 00 3 480 00 Page 10 249 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 HANTHO HANSEN THORP PELLINEN OLSON Amount 3 480 00 HANSEN THORP PELLINEN OLSON 3 480 00 Hartland Fuel Products LLC HarFue Hartland Fuel Products LLC Ck 140417 OS 28 09 Inv SOI0000197 Line Item Date Line Item Description 04 04 09 B2 2 ULS Dyed 87 Oct Gasohol IO Eth Inv SOI0000197 Total Line Item Account 101 1370 4170 8 250 40 8 250 40 Ck 140417 Total 8 250 40 HarFue Hartland Fuel Products LLC 8 250 40 Hartland Fuel Products LLC 8 250 40 HAWKINS CHEMICAL HA WCHE HAWKINS CHEMICAL Ck 140349 OS 21 09 Inv 3015921RI Line Item Date Line Item Description 05 04 09 Nozzle Gasket Inv 3015921RI Total Line Item Account 700 7019 4550 287 20 287 20 Ck 140349 Total 287 20 HA WCHE HAWKINS CHEMICAL 287 20 HAWKINS CHEMICAL 287 20 HD Supply Waterworks L TD HDsup HD Supply Waterworks LTD Ck 140350 OS 21 09 Inv 8946984 Line Item Date Line Item Description 05 11 09 16 Vlv Box Top Section Inv 8946984 Total Line Item Account 700 0000 4550 173 14 173 14 Inv 8951724 Line Item Date Line Item Description 05 12 09 34 Wat Upper Valve Washer Inv 8951724 Total Line Item Account 700 0000 4550 122 48 122 48 Ck 140350 Total 295 62 Ck 140418 OS 28 09 Inv 8834611 Line Item Date Line Item Description 05 13 09 Omni 4 C2 1000 Gal Meter w int l stmr Inv 8834611 Total Line Item Account 700 0000 4250 2 733 76 2 733 76 Inv 8948262 Line Item Date Line Item Description 05 14 09 Vlv Box Tops lid cover adapter rw gate Inv 8948262 Total Line Item Account 700 0000 4552 2 308 33 2 308 33 Page 11 250 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 IIDsup HD Supply Waterworks LTD Amount Line Item Account 700 0000 4550 515 07 515 07 Line Item Account 700 0000 4150 254 54 254 54 Line Item Account 700 0000 4552 691 38 691 38 Line Item Account 700 0000 4552 11 259 82 11 259 82 Line Item Account 700 0000 4552 175 61 175 61 17 938 51 18 234 13 18 234 13 Inv 8964614 Line Item Date Line Item Description 05 14 09 Magnesium Anode Bag w Lead Wire Inv 8964614 Totw Inv 8964857 Line Item Date Line Item Description 05 14 09 32 gram cadweld shot Inv 8964857 Total Inv 8970907 Line Item Date Line Item Description 05 18 09 Restrainer gasket bolts nuts compound Inv 8970907 Total Inv 8971600 Line Item Date Line Item Description 05 18 09 V1v megalug mj rest gasket bolt nut Inv 8971600 Total Inv 8971917 Line Item Date Line Item Description 05 15 09 Sleeve Epoxy Dip earn lock restrainer Inv 8971917 Total Ck 140418 Total lID Supply Waterworks LTD HELMETS R US HELRUS HELMETS R US Ck 140351 OS 21 09 Inv 25290 Line Item Date 05 08 09 Inv 25290 Total Line Item Description Helmets Line Item Account 101 1210 4375 411 05 411 05 Ck 140351 Total 411 05 Ck 140419 Inv 25469 Line Item Date 05 19 09 Inv 25469 Total OS 28 09 Line Item Description Helmets Line Item Account 101 1210 4375 385 70 385 70 Ck 140419 Total 385 70 HELRUS HELMETS R US 796 75 HELMETS R US 796 75 HOISETH BETH HOISBETH HOISETH BETH Ck 140420 OS 28 09 Inv 051509 Line Item Date 05 15 09 Line Item Description Reimbursement for parking @ Mpls Convent Line Item Account 101 1260 4370 10 00 Page 12 251 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Iny 051509 Total Amount 10 00 Ck 140420 Total 10 00 HOISBETH HOISETH BETH 10 00 HOISETH BETH 10 00 HOLASEK SON GREENHOUSES INC HOLGRE HOLASEK SON GREENHOUSES INC Ck 140352 OS 21 09 Iny 29455 Line Item Date 05 12 09 Iny 29455 Total Line Item Description Misc flowers plants Line Item Account 101 1550 4120 1 380 24 1 380 24 Ck 140352 Total 1 380 24 HOLGRE HOLASEK SON GREENHOUSES INC 1 380 24 HOLASEK SON GREENHOUSES INC 1 380 24 ICMA ICMA ICMA Ck 140353 InY 052009 Line Item Date OS 20 09 Iny 052009 Total OS 21 09 Line Item Description Membership Renewal 2009 T Gerhardt Line Item Account 101 1120 4360 1 040 00 1 040 00 Ck 140353 Total 1 040 00 ICMA ICMA 1 040 00 ICMA 1 040 00 ICMA RETIREMENT AND TRUST 457 ICMART ICMA RETIREMENT AND TRUST 457 Ck 140354 OS 21 09 Iny Line Item Date 05 19 09 05 19 09 05 19 09 Iny Total Line Item Description PR Batch 422 5 2009 ICMA 304303 PR Batch 422 5 2009 ICMA 304303 PR Batch 422 5 2009 ICMA 304303 Line Item Account 210 0000 2009 720 0000 2009 10 1 0000 2009 12 50 100 00 1 497 50 1 610 00 Ck 140354 Total 1 610 00 ICMART ICMA RETIREMENT AND TRUST 457 1 610 00 ICMA RETIREMENT AND TRUST 457 1 610 00 IMPERIAL PORTA PALACE IMPPOR IMPERIAL PORTA PALACE Ck 140355 OS 21 09 InY 7612 Line Item Date Line Item Description 05 15 09 Rental Service ofrestrooms Line Item Account 101 1550 4300 230 04 Page 13 252 CITY OF CHANHAS User danielle Inv 7612 Total Inv 7613 Line Item Date 05 15 09 Inv 7613 Total Inv 7614 Line Item Date 05 15 09 Inv 7614 Total Ck 140355 Total IMPPOR Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount 230 04 Line Item Description Rental Service of restrooms Line Item Account 101 1550 4400 1 516 56 1 516 56 Line Item Description Rental Service of restrooms Line Item Account 101 1550 4400 3 003 30 3 003 30 4 749 90 IMPERIAL PORTA PALACE 4 749 90 IMPERIAL PORTA PALACE 4 749 90 Innovative Office Solutions L InnOff Innovative Office Solutions L Ck 140356 OS 21 09 Inv OEI441321 Line Item Date 05 13 09 Inv OEI441321 Inv W080408771 Line Item Date 05 13 09 Inv W080408771 Ck 140356 Total Ck 140421 OS 28 09 Inv W081492111 Line Item Date 05 19 09 Inv W081492111 Ck 140421 Total InnOff Line Item Description file jackets Total Line Item Account 101 1170 4110 24 48 24 48 Line Item Description Misc office supplies Total Line Item Account 101 1170 4110 409 63 409 63 434 11 Line Item Description Envelope Adhesive Copy paper envelope Total Line Item Account 101 1170 411 0 79 18 79 18 79 18 Innovative Office Solutions L 513 29 Innovative Office Solutions L 513 29 JEFFERSON FIRE SAFETY INC JEFFIR JEFFERSON FIRE SAFETY INC Ck 140357 OS 21 09 Inv 158589 Line Item Date 05 07 09 Inv 158589 Total Ck 140357 Total JEFFIR Line Item Description Angus Hi Combat 1 Class A Foam Line Item Account 101 1220 4120 798 75 798 75 798 75 JEFFERSON FIRE SAFETY INC 798 75 Page 14 253 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 JEFFERSON FIRE SAFETY INC Amount 798 75 JENKINS JOEL JenkJoel JENKINS JOEL Ck 140358 OS 21 09 Iny 051909 Line Item Date 05 19 09 InY 051909 Total Line Item Description Adult Softball Umpire 17 games @ 22 50 Line Item Account 101 1766 4300 382 50 382 50 Ck 140358 Total 382 50 Ck 140422 InY 052709 Line Item Date OS 27 09 Iny 052709 Total OS 28 09 Line Item Description Adult Softball Umpire 15 games @ 22 50 Line Item Account 101 1766 4300 337 50 337 50 Ck 140422 Total 337 50 JenkJoel JENKINS JOEL 720 00 JENKINS JOEL 720 00 JIM BROWN S CULTURED SOD FARM JIMBRO JIM BROWN S CULTURED SOD FARM Ck 140359 OS 21 09 InY 9180 Line Item Date Line Item Description 05 19 09 21 rolls Iny 9180 Total Line Item Account 101 1550 4150 31 98 31 98 Ck 140359 Total 31 98 JIMBRO JIM BROWN S CULTURED SOD FARM 31 98 JIM BROWN S CULTURED SOD FARM 31 98 KATH FUEL OIL SERVICE KATFUE KATH FUEL OIL SERVICE Ck 140360 OS 21 09 Iny 250430 Line Item Date 04 14 09 Iny 250430 Total Line Item Description Oil Mystik Centra Tetrimoly Citgo Citg Line Item Account 101 1370 4170 2 630 25 2 630 25 Iny 253200 Line Item Date 05 13 09 Iny 253200 Total Line Item Description Citgo Citgard Line Item Account 101 1370 4170 53 25 53 25 Ck 140360 Total 2 577 00 KATFUE KATH FUEL OIL SERVICE 2 577 00 KATH FUEL OIL SERVICE 2 577 00 Page 15 254 KENNEDY GRAVEN CHARTERED KENGRA KENNEDY GRAVEN CHARTERED Ck 140423 OS 28 09 Iny 89677 Line Item Date OS 20 09 Iny 89677 Total CITY OF CHANHAS User danielle Ck 140423 Total KENGRA Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount Line Item Description CH135 00058 Dinner Theater Redeyelopment Line Item Account 491 4301 4300 704 00 704 00 704 00 KENNEDY GRAVEN CHARTERED 704 00 KENNEDY GRAVEN CHARTERED 704 00 LOTUS LAWN AND GARDEN LOTLA W LOTUS LAWN AND GARDEN Ck 140362 OS 21 09 Iny 2355 Line Item Date 05 08 09 Iny 2355 Total LANZI BOB LANZBOB LANZI BOB Ck 140361 OS 21 09 InY 051909 Line Item Date 05 19 09 Iny 051909 Total Ck 140361 Total LANZBOB LANZI BOB Iny 2358 Line Item Date 05 14 09 Iny 2358 Total Ck 140362 Total LOTLA W Line Item Description Adult softball umpire 9 games @ 22 50 Line Item Account 101 1766 4300 202 50 202 50 202 50 LANZI BOB 202 50 202 50 Line Item Description Hwy 101 Planting Line Item Account 720 7202 4300 3 733 89 3 733 89 Line Item Description Furnish spread compost at Comrn Garden Line Item Account 720 7202 4320 133 13 133 13 3 867 02 LOTUS LAWN AND GARDEN 3 867 02 LOTUS LAWN AND GARDEN 3 867 02 LUTHY S SANDBLASTING PAINTIN LUTSAN LUTHY S SANDBLASTING PAINTIN Ck 140363 OS 21 09 Iny 595 Line Item Date 05 12 09 Iny 595 Total Ck 140363 Total Line Item Description Blast prime and paint wheels Line Item Account 101 1550 4350 1 575 00 1 575 00 1 575 00 Page 16 255 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 LUTSAN LUTHY S SANDBLASTING PAINTIN Amount 1 575 00 LUTHY S SANDBLASTING PAINTIN 1 575 00 LYMAN LUMBER LYMLUM LYMAN LUMBER Ck 140364 OS 21 09 Iny 297222 Line Item Date Line Item Description 05 12 09 4x8 3 8 AC Ext Sanded Fir Ply Iny 297222 Total Line Item Account 101 1550 4150 61 34 61 34 Ck 140364 Total 61 34 LYMLUM LYMAN LUMBER 61 34 LYMAN LUMBER 61 34 MENARDS EDEN PRAIRIE MENARD MENARDS EDEN PRAIRIE Ck 140424 OS 28 09 Iny 40405 Line Item Date OS 21 09 Iny 40405 Total Line Item Description 40W Clear Iridescent prcIn socketwllead Line Item Account 101 1220 4530 4 80 4 80 Ck 140424 Total 4 80 MENARD MENARDS EDENPRAIRIE 4 80 MENARDS EDENPRAIRIE 4 80 METRO ATHLETIC SUPPLY METATH METROATHLETICSUPPLY Ck 140365 OS 21 09 Iny 115506 Line Item Date Line Item Description 05 14 09 Boleo Home Plates Iny 115506 Total Line Item Account 101 1600 4120 344 74 344 74 Ck 140365 Total 344 74 METATH METRO ATHLETIC SUPPLY 344 74 METRO ATHLETIC SUPPLY 344 74 MIDWEST PLA YSCAPES MIDPLA MIDWEST PLA YSCAPES Ck 140425 OS 28 09 Iny 3844 Line Item Date 05 12 09 Iny 3844 Total Line Item Description 6 Bohlman Concrete Bench Line Item Account 410 0000 4705 1 825 41 1 825 41 Ck 140425 Total 1 825 41 MIDPLA MIDWEST PLA YSCAPES 1 825 41 Page 17 256 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 MIDWEST PLA YSCAPES Amount 1 825 41 MINGER CONSTRUCTION MINGER MINGER CONSTRUCTION Ck 140366 OS 2l 09 Iny 2094 Line Item Date 04 30 09 Iny 2094 Total Ck 140366 Total MINGER Line Item Description Public Works Building Equipment Line Item Account 421 0000 4410 9 377 50 9 377 50 9 377 50 MINGER CONSTRUCTION 9 377 50 MINGER CONSTRUCTION 9 377 50 MINNESOTA A WWA MNA WW A MINNESOTA A WWA Ck 140367 OS 2l 09 Iny 051309 Line Item Date 05 13 09 Iny 051309 Total MINNESOTA LIFE MNLIFE MINNESOTA LIFE Ck 140369 OS 2l 09 InY 051509 Line Item Date 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 05 15 09 Ck 140367 Total MNAWWA MINNESOTA A WWA Line Item Description Registration water operator school Line Item Account 701 0000 4370 60 00 60 00 60 00 MINNESOTA A WWA 60 00 60 00 Line Item Description June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium June 2009 Premium Line Item Account 210 0000 2011 101 1430 4040 720 7202 4040 720 7201 4040 101 1700 4040 10 1 1170 4040 101 1530 4040 10 1 121 0 4040 210 0000 4040 101 1600 4040 101 1520 4040 720 0000 4040 10 1 1220 4040 101 1160 4040 700 0000 2011 701 0000 2011 10 1 1130 4040 10 1 13 70 4040 701 0000 4040 10 1 1420 4040 10 1 1120 4040 700 0000 4040 10 1 1310 4040 101 1550 4040 0 33 2 84 3 51 3 52 3 58 8 16 8 64 10 08 11 32 14 34 16 00 20 32 21 56 21 92 27 35 27 35 28 38 29 78 42 84 49 16 50 44 51 48 60 28 72 12 Page 18 257 MN CHILD SUPPORT PAYMENT CTR MNCHIL MN CHILD SUPPORT PAYMENT CTR Ck 140368 OS 21 09 Iny Line Item Date 05 19 09 05 19 09 Iny Total CITY OF CHANHAS User danielle 05 15 09 05 15 09 05 15 09 Iny 051509 Total Ck 140369 Total MNLlFE MINNESOTA LIFE Ck 140368 Total MNCHIL Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 June 2009 Premium June 2009 Premium June 2009 Premium Amount 73 72 80 96 341 92 1 081 90 101 1320 4040 10 1 1250 4040 101 0000 2011 1 081 90 MINNESOTA LIFE 1 081 90 1 081 90 Line Item Description Pay Date 5 22 09 Case ID 001472166101 Pay Date 5 22 09 Case ID 001472166101 Line Item Account 701 0000 2006 700 0000 2006 179 04 179 05 358 09 358 09 MN CHILD SUPPORT PAYMENT CTR 358 09 MN CHILD SUPPORT PAYMENT CTR 358 09 MSRS MSRS MSRS Ck 140370 Iny Line Item Date 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 OS 21 09 Line Item Description PR Batch 422 5 2009 Post Health 05 Emplr NO FICA PR Batch 422 5 2009 Post Health 05 Emplr PR Batch 422 5 2009 Post Health 1 Emplr NO FICA PR Batch 422 5 2009 Post Health 05 Emplr PR Batch 422 5 2009 Post Health 05 Emplr PR Batch 422 5 2009 Post Health 05 Emplr PR Batch 422 5 2009 Post Health 3 Emplr PR Batch 422 5 2009 Post Health 1 Emplr PR Batch 422 5 2009 Post Health 1 Emplr PR Batch 422 5 2009 Post Health 1 Emplr PR Batch 422 5 2009 Ret Health 5 PR Batch 422 5 2009 Post Health 2 Emplr PR Batch 422 5 2009 Post Health 1 Emplr PR Batch 422 5 2009 Post Health 3 Emplr PR Batch 422 5 2009 Ret Health 5 PR Batch 422 5 2009 Ret Health 5 PR Batch 422 5 2009 Post Health 2 Emplr PR Batch 422 5 2009 Ret Health 5 NO FICA PR Batch 422 5 2009 Ret Health 5 PR Batch 422 5 2009 Post Health 05 Emplr PR Batch 422 5 2009 Ret Health 3 PR Batch 422 5 2009 Ret Health 1 PR Batch 422 5 2009 Post Health 5 Emplr PR Batch 422 5 2009 Ret Health 1 PR Batch 422 5 2009 Post Health 3 Emplr PR Batch 422 5 2009 Ret Health 1 PR Batch 422 5 2009 Ret Health l NO FICA PR Batch 422 5 2009 Post Health 1 Emplr PR Batch 422 5 2009 Post Health 7 Emplr Line Item Account 101 0000 2016 210 0000 2016 101 0000 2016 700 0000 2016 701 0000 2016 720 0000 2016 701 0000 2016 210 0000 2016 701 0000 2016 720 0000 2016 210 0000 2016 701 0000 2016 700 0000 2016 700 0000 2016 701 0000 2016 700 0000 2016 700 0000 2016 101 0000 2016 720 0000 2016 10 1 0000 20 16 701 0000 2016 210 0000 2016 101 0000 2016 701 0000 2016 101 0000 2016 720 0000 2016 101 0000 2016 10 1 0000 20 16 101 0000 2016 0 14 0 26 0 41 0 56 0 57 0 82 1 43 1 55 1 71 2 05 3 42 4 00 5 22 5 71 7 38 7 39 9 27 9 83 10 78 11 60 18 57 20 32 21 17 22 48 22 87 26 82 28 26 30 47 43 17 Page 19 258 CITY OF CHANHAS User danielle 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 05 19 09 Inv Total Ck 140370 Total MSRS MSRS Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 PR Batch 422 5 2009 Post Health 2 Emplr PR Batch 422 5 2009 Ret Health 2 PR Batch 422 5 2009 Ret Health 1 PR Batch 422 5 2009 Ret Health 3 PR Batch 422 5 2009 Ret Health 2 PR Batch 422 5 2009 Ret Health 5 PR Batch 422 5 2009 Ret Health 5 PR Batch 42252009 Ret Health 3 PR Batch 422 5 2009 Ret Health 1 PR Batch 422 5 2009 Ret Health 7 PR Batch 422 5 2009 Ret Health 2 101 0000 2016 701 0000 2016 700 0000 2016 700 0000 2016 700 0000 2016 10 1 0000 20 16 10 1 0000 20 16 101 0000 2016 10 1 0000 20 16 101 0000 2016 10 1 0000 20 16 Amount 51 28 52 36 68 29 74 88 121 28 151 44 276 76 298 96 398 13 564 29 670 12 3 046 02 3 046 02 MSRS 3 046 02 3 046 02 MTI DISTRIBUTING INC MTIDIS MTI DISTRIBUTING INC Ck 140426 OS 28 09 Inv 66470500 Line Item Date Line Item Description 04 30 09 Groundsmaster 5900 blade mvp kit Inv 66470500 Total Line Item Account 400 0000 4705 71 624 33 71 624 33 Inv 66470501 Line Item Date Line Item Description 05 14 09 Universal Mount Sunshade Inv 66470501 Total Line Item Account 400 0000 4705 564 71 564 71 Inv 66882200 Line Item Date Line Item Description 05 14 09 O Ring Anchor LH LH Ball Joint ASM Inv 66882200 Total Ck 140426 Total MTIDIS Line Item Account 101 1550 4120 264 63 264 63 72 453 67 MTI DISTRIBUTING INC 72 453 67 MTI DISTRIBUTING INC 72 453 67 MX Logic MXLog MX Logic Ck 140371 OS 21 09 Inv INV273933 Line Item Date Line Item Description 05 01 09 External SPAM Anti Virus Service May Inv INV273933 Total Ck 140371 Total MXLog MX Logic Line Item Account 101 1160 4300 97 00 97 00 97 00 MX Logic 97 00 97 00 Page 20 259 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount NAGELL APPRAISAL CONSULTING NAGAPP NAGELL APPRAISAL CONSULTING Ck 140372 OS 2l 09 Iny 15644 Line Item Date Line Item Description 04 30 09 PID 251220050 Iny 15644 Total Line Item Account 720 0000 4751 1 400 00 1 400 00 Ck 140372 Total 1 400 00 NAGAPP NAGELL APPRAISAL CONSULTING 1 400 00 NAGELL APPRAISAL CONSULTING 1 400 00 Nationwide Retirement Solution NATRET Nationwide Retirement Solution Ck 140373 OS 2l 09 Iny Line Item Date 05 19 09 05 19 09 05 19 09 05 19 09 Iny Total Line Item Description PR Batch 42252009 Nationwide Retirement PR Batch 422 5 2009 Nationwide Retirement PR Batch 422 5 2009 Nationwide Retirement PR Batch 422 5 2009 Nationwide Retirement Line Item Account 720 0000 2009 701 0000 2009 700 0000 2009 101 0000 2009 50 00 128 31 358 30 3 510 11 4 046 72 Ck 140373 Total 4 046 72 Ck 140374 Iny Line Item Date 05 19 09 Iny Total OS 2l 09 Line Item Description PR Batch 422 5 2009 USCM Fire Dept Line Item Account 101 0000 2009 649 87 649 87 Ck 140374 Total 649 87 NATRET Nationwide Retirement Solution 4 696 59 Nationwide Retirement Solution 4 696 59 Oman Sandie OmanSand Oman Sandie Ck 140427 OS 28 09 Iny 052709 Line Item Date OS 27 09 Iny 052709 Total Line Item Description Customer Refund Line Item Account 101 1532 3632 52 50 52 50 Ck 140427 Total 52 50 OmanSand Oman Sandie 52 50 Oman Sandie 52 50 PARROTT CONTRACTING INC PARCON PARROTT CONTRACTING INC Ck 140428 OS 28 09 InY 081581 Line Item Date Line Item Description 12 08 08 Excayate test holes JD200 Excayator Line Item Account 701 0000 4553 601 00 Page 21 260 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 InY 081581 Total Amount 601 00 Ck 140428 Total 601 00 PARCON PARROTT CONTRACTING INC 601 00 PARROTT CONTRACTING INC 601 00 PARTEK SUPPLY INC PARSUP PARTEK SUPPLY INC Ck 140375 OS 21 09 InY 24721 Line Item Date 05 08 09 InY 24721 Total Line Item Description Straw wattle 12 hubs wood fiber pins Line Item Account 720 0000 4300 254 35 254 35 Ck 140375 Total 254 35 PARSUP PARTEK SUPPLY INC 254 35 PARTEK SUPPLY INC 254 35 Partners In Entertainment parent Partners In Entertainment Ck 140429 OS 28 09 Iny 052609 Line Item Date OS 26 09 Iny 052609 Total Line Item Description Stage rental setup take down Cham Jam Line Item Account 101 1752 4300 1 089 75 1 089 75 Ck 140429 Total 1 089 75 parent Partners In Entertainment 1 089 75 Partners In Entertainment 1 089 75 PreferredOne Insurance Company PreOne PreferredOne Insurance Company Ck 140376 OS 21 09 InY 91381024 Line Item Date Line Item Description 05 18 09 June 2009 premiums COBRA 05 18 09 June 2009 premiums 05 18 09 June 2009 premiums 05 18 09 June 2009 premiums 05 18 09 June 2009 premiums 05 18 09 June 2009 premiums InY 91381024 Total Line Item Account 10 1 0000 20 12 210 0000 2012 720 0000 2012 701 0000 2012 700 0000 2012 101 0000 2012 289 43 289 43 1 916 99 2 506 52 3 229 88 26 780 61 35 012 86 Ck 140376 Total 35 012 86 PreOne PreferredOne Insurance Company 35 012 86 PreferredOne Insurance Company 35 012 86 Page 22 261 RICHFIELD BUS COMPANY RICBUS RICHFIELD BUS COMPANY Ck 140378 OS 21 09 Iny 141088 Line Item Date 05 13 09 Iny 141088 Total CITY OF CHANHAS User danielle PRO TURF PRTURF PRO TURF Ck 140377 OS 21 09 Iny 225327 Line Item Date 05 09 09 Iny 225327 Total Iny 225328 Line Item Date 05 09 09 Iny 225328 Total Iny 225329 Line Item Date 05 09 09 Iny 225329 Total Iny 225330 Line Item Date 05 09 09 Iny 225330 Total Ck 140377 Total PRTURF PRO TURF Ck 140378 Total RICBUS Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount Line Item Description Lawn spraying City of Chan Line Item Account 101 1550 4300 1 298 24 1 298 24 Line Item Description Lawn spraying Library Line Item Account 101 1550 4300 170 40 170 40 Line Item Description Lawn spraying West Chan Fire Station Line Item Account 101 1550 4300 119 28 119 28 Line Item Description Lawn spraying City of Chan Cemetary Line Item Account 101 1550 4300 260 93 260 93 1 848 85 PRO TURF 1 848 85 1 848 85 Line Item Description Bus to Montgomery MN Line Item Account 101 1560 4300 594 25 594 25 594 25 RICHFIELD BUS COMPANY 594 25 RICHFIELD BUS COMPANY 594 25 Rindahl Ray rindray Rindahl Ray Ck 140379 OS 21 09 InY 051909 Line Item Date 05 19 09 Iny 051909 Total Ck 140379 Total rindray Rindahl Ray Line Item Description Reimbursement EMT Practical Test Fee Line Item Account 101 1220 4370 80 00 80 00 80 00 Rindahl Ray 80 00 80 00 Page 23 262 RUEGEMER JERRY RUEGJERR RUEGEMER JERRY Ck 140380 OS 21 09 Inv 051909 Line Item Date 05 19 09 Inv 051909 Total SENTRY SYSTEMS INC SENSYS SENTRY SYSTEMS INe Ck 140382 OS 21 09 Inv 599014 Line Item Date 06 01 09 Inv 599014 Total CITY OF CHANHAS User danielle Ck 140380 Total RUEGJERR RUEGEMER JERRY RW Farms LLC RWFar RW Farms LLC Ck 140381 OS 21 09 Inv 2827 Line Item Date 05 18 09 Inv 2827 Total Inv 2831 Line Item Date 05 18 09 Inv 2831 Total Ck 140381 Total RWFar RW Farms LLC Seaya Diving Ine SeaDiv Seaya Diving Ine Ck 140430 OS 28 09 Inv 307533 Line Item Date 05 08 09 Inv 307533 Total Ck 140430 Total SeaDiv Seaya Diving Ine Inv 600033 Line Item Date 06 01 09 Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount Line Item Description Lake Ann Concession Money to make chg Line Item Account 10 1 0000 1 027 100 00 100 00 100 00 RUEGEMER JERRY 100 00 100 00 Line Item Description 3 yards of black dirt Line Item Account 700 0000 4552 36 00 36 00 Line Item Description 2 yards black dirt Line Item Account 700 0000 4552 24 00 24 00 60 00 RW Farms LLC 60 00 60 00 Line Item Description Visual Plus Annual VIP Test Line Item Account 101 1220 4530 114 00 114 00 114 00 Seaya Diving Ine 114 00 114 00 Line Item Description Annual Fire Sprinkler Test Insp Library Line Item Account 101 1190 4300 10 75 10 75 Line Item Description Commercial Monitoring Services Library Line Item Account 101 1190 4300 42 86 Page 24 263 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Iny 600033 Total Amount 42 86 Ck 140382 Total 53 61 SENSYS SENTRY SYSTEMS INC 53 61 SENTRY SYSTEMS INe 53 61 Shafer Feld Printers Inc ShaFel Shafer Feld Printers Inc Ck 140383 OS 21 09 Iny 22542 Line Item Date Line Item Description 04 28 09 Business Cards Generous Iny 22542 Total Line Item Account 101 1170 4110 149 10 149 10 Ck 140383 Total 149 10 Ck 140431 OS 28 09 Iny 22526 Line Item Date Line Item Description 04 01 09 Business cards Kairies Stauff Iny 22526 Total Line Item Account 101 1170 4110 170 40 170 40 Ck 140431 Total 170 40 ShaFel Shafer Feld Printers Inc 319 50 Shafer Feld Printers Inc 319 50 Shneur Elana ShneElan Shneur Elana Ck 140432 OS 28 09 Iny 052709 Line Item Date OS 27 09 lny 052709 Total Line Item Description Refund Yoga for Anybody Line Item Account 101 1539 3631 10 70 10 70 Ck 140432 Total 10 70 ShneElan Shneur Elana 10 70 Shneur Elana 10 70 SIGNS N SUCH SIGNSU SIGNS N SUCH Ck 140384 OS 21 09 Iny 050709 Line Item Date 05 07 09 Iny 050709 Total Line Item Description Nameplates A Kairies J Olson Line Item Account 101 1170 411 0 40 00 40 00 Ck 140384 Total 40 00 SIGNSU SIGNS N SUCH 40 00 SIGNS N SUCH 40 00 Page 25 264 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount SNAP ON TOOLS SNATOO SNAP ON TOOLS Ck 140385 OS 21 09 Inv ARVI0588819 Line Item Date Line Item Description 05 01 09 Wrenches Inv ARVI0588819 Total Line Item Account 101 1370 4260 731 40 731 40 Ck 140385 Total 731 40 SNATOO SNAP ON TOOLS 731 40 SNAP ON TOOLS 731 40 SOUTH METRO PUBLIC SAFETY SOUMET SOUTH METRO PUBLIC SAFETY Ck 140433 OS 28 09 Inv 8226 Line Item Date OS 26 09 Inv 8226 Total Line Item Description live bums smoke generators training Line Item Account 101 1220 4370 1 340 00 1 340 00 Ck 140433 Total 1 340 00 SOUMET SOUTH METRO PUBLIC SAFETY 1 340 00 SOUTH METRO PUBLIC SAFETY 1 340 00 Southwest Metro Chamber of Com Southwes Southwest Metro Chamber of Com Ck 140386 OS 21 09 Inv 052709 Line Item Date OS 27 09 OS 27 09 OS 27 09 Inv 052709 Total Line Item Description Chamber Lunch OS 27 09 Chamber Lunch OS 27 09 Chamber Lunch OS 27 09 Line Item Account 101 1110 4300 101 1520 4300 101 1420 4300 20 00 20 00 20 00 60 00 Ck 140386 Total 60 00 Southwes Southwest Metro Chamber of Com 60 00 Southwest Metro Chamber of Com 60 00 SPRINT PCS SPRPCS SPRINT PCS Ck 140387 OS 21 09 Inv 240298813018 Line Item Date Line Item Description 05 18 09 May 2009 Charges 05 18 09 May 2009 Charges 05 18 09 May 2009 Charges Inv 240298813018 Total Line Item Account 700 0000 4310 701 0000 4310 101 1220 4310 40 99 40 99 40 99 122 97 Ck 140387 Total 122 97 SPRPCS SPRINT PCS 122 97 Page 26 265 SPS Companies St Louis Park SPSSLP SPS Companies St Louis Park Ck 140388 OS 21 09 Iny S2033123001 Line Item Date 05 07 09 Iny S2033123001 CITY OF CHANHAS User danielle SPRINT PCS Ck 140388 Total SPSSLP Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount 122 97 Line Item Description CHR Colony Soft Laundry FCT W Hose Total Line Item Account 10 1 1220 4510 43 41 43 41 43 41 SPS Companies St Louis Park 43 41 SPS Companies St Louis Park 43 41 SUNRAM CONSTRUCTION SUNRAM SUNRAM CONSTRUCTION Ck 140434 OS 28 09 InY 7 Line Item Date 05 19 09 Iny 7 Total Ck 140434 Total SUNRAM Line Item Description Lake Ann Park Picnic Shelter Project Line Item Account 410 0000 4705 11 924 39 11 924 39 11 924 39 SUNRAM CONSTRUCTION 11 924 39 SUNRAM CONSTRUCTION 11 924 39 TWIN CITY SEED CO TWISEE TWIN CITY SEED CO Ck 140389 OS 21 09 Iny 20857 Line Item Date 05 12 09 Iny 20857 Total TARGET TARGET TARGET Ck 140435 OS 28 09 InY 051509 Line Item Date 05 15 09 InY 051509 Total Ck 140435 Total TARGET TARGET Ck 140389 Total TWISEE TWIN CITY SEED CO Line Item Description Misc supplies Line Item Account 101 1250 4120 39 82 39 82 39 82 TARGET 39 82 39 82 Line Item Description 50 Athletic turf mixture Line Item Account 101 1550 4150 543 15 543 15 543 15 TWIN CITY SEED CO 543 15 543 15 Page 27 266 UNITED RENTALS HIGHWAYS TECH UNIREN UNITED RENTALS HIGHWAYS TECH Ck 140390 OS 21 09 Inv 81272105001 Line Item Date 05 15 09 Inv 81272105001 CITY OF CHANHAS User danielle Ck 140390 Total Ck 140436 OS 28 09 Inv 81146297001 Line Item Date 05 06 09 Inv 81146297001 Ck 140436 Total UNIREN Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount Line Item Description Build a box panel comer end post slin Total Line Item Account 700 0000 4552 470 73 470 73 470 73 Line Item Description Helmet Apron Chaps Hard Hat Light Total Line Item Account 700 0000 4150 1 292 02 1 292 02 1 292 02 UNITED RENTALS HIGHWAYS TECH 1 762 75 UNITED RENTALS HIGHWAYS TECH 1 762 75 USA BLUE BOOK USABLU USA BLUE BOOK Ck 140392 OS 21 09 Inv 812374 Line Item Date 05 08 09 Inv 812374 Total UNITED WAY UNIW A Y UNITED WAY Ck 140391 OS 21 09 Inv Line Item Date 05 19 09 05 19 09 05 19 09 Inv Total Ck 140391 Total UNIWA Y UNITED WAY Inv 813351 Line Item Date 05 11 09 Inv 813351 Total Ck 140392 Total USABLU USA BLUE BOOK Line Item Description PR Batch 422 5 2009 United Way PR Batch 422 5 2009 United Way PR Batch 422 5 2009 United Way Line Item Account 700 0000 2006 701 0000 2006 10 1 0000 2006 3 00 3 00 49 65 55 65 55 65 UNITED WAY 55 65 55 65 Line Item Description Meter Idler Brass Hydrant Adapter Line Item Account 700 0000 4550 114 68 114 68 Line Item Description Hydrant Gate Valve Hydrant Meter w Bac Line Item Account 700 0000 4530 3 572 47 3 572 47 3 687 15 USA BLUE BOOK 3 687 15 3 687 15 Page 28 267 W ACONIA FARM SUPPLY WACFAR WACONIA FARM SUPPLY Ck 140393 OS 21 09 Iny 314669 Line Item Date 05 19 09 Iny 314669 Total CITY OF CHANHAS User danielle Ck 140393 Total WACFAR Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount Line Item Description Valye trimec classic roundup twine Line Item Account 101 1550 4150 750 09 750 09 750 09 W ACONIA FARM SUPPLY 750 09 W ACONIA FARM SUPPLY 750 09 Warden Matthew WardMatt Warden Matthew Ck 140437 OS 28 09 Iny 052609 Line Item Date OS 26 09 Iny 052609 Total WILSON S NURSERY INC WILNUR WILSON S NURSERY INC Ck 140439 OS 28 09 Iny 39636 Line Item Date 05 05 09 Iny 39636 Total Ck 140437 Total WardMatt Warden Matthew Watt Teri wattteri Watt Teri Ck 140438 OS 28 09 InY 052109 Line Item Date OS 21 09 InY 052109 Total Ck 140438 Total wattteri Watt Teri Ck 140439 Total WILNUR WILSON S NURSERY INC Line Item Description EMT Practical Test Hennepin Tech EP Line Item Account 101 1220 4370 80 00 80 00 80 00 Warden Matthew 80 00 80 00 Line Item Description Refund for returned radon test Line Item Account 720 7201 3650 4 00 4 00 4 00 Watt Teri 4 00 4 00 Line Item Description Oak Swamp White Line Item Account 410 0000 4701 233 23 233 23 233 23 WILSON S NURSERY INC 233 23 233 23 Page 29 268 CITY OF CHANHAS User danielle Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount WM MUELLER SONS INC WMMUE WM MUELLER SONS INC Ck 140394 OS 21 09 Iny 149928 Line Item Date Line Item Description 04 29 09 Screened Fil Iny 149928 Total Line Item Account 421 0000 4751 2 365 00 2 365 00 Iny 149929 Line Item Date Line Item Description 04 29 09 Screened Fil Iny 149929 Total Line Item Account 421 0000 4751 4 333 93 4 333 93 Iny 149962 Line Item Date Line Item Description 04 30 09 Screened Fil Iny 149962 Total Line Item Account 421 0000 4751 1 308 79 1 308 79 Iny 149994 Line Item Date Line Item Description 04 30 09 Bank Fill San Iny 149994 Total Line Item Account 421 0000 4751 44 33 44 33 Ck 140394 Total 8 052 05 WMMUE WM MUELLER SONS INC 8 052 05 WM MUELLER SONS INC 8 052 05 Wurtzberger Brian wurtbria Wurtzberger Brian Ck 140395 OS 21 09 Iny 052009 Line Item Date OS 20 09 Iny 052009 Total Line Item Description Spring Football Instruction 5 @ 36 Line Item Account 101 1730 4300 180 00 180 00 Ck 140395 Total 180 00 wurtbria Wurtzberger Brian 180 00 Wurtzberger Brian 180 00 ZIEGLER INC ZIEGLE ZIEGLER INC Ck 140396 OS 21 09 Iny E6389801 Line Item Date 03 30 09 Iny E6389801 Line Item Description Equipment Sale Caterpillar Total Line Item Account 700 0000 4705 53 063 52 53 063 52 Ck 140396 Total 53 063 52 ZIEGLE ZIEGLER INC 53 063 52 ZIEGLER INC 53 063 52 Page 30 269 CITY OF CHANHAS User danielle ZOERHOF PEGGIE ZOERPEGG ZOERHOF PEGGIE Ck 140397 OS 21 09 Inv 113crc Line Item Date Line Item Description 05 14 09 Pilates Classes Inv 113crc Total Ck 140397 Total ZOERPEGG ZOERHOF PEGGIE ZOERHOF PEGGIE Total Accounts Payable Check Detail Report Detail Printed OS 29 09 14 38 Amount Line Item Account 101 1539 4300 1 917 30 1 917 30 1 917 30 1 917 30 1 917 30 309 965 63 Page 31 270