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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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TH 101 Reconstruction from Lyman Boulevard CSAH 18 to Pioneer Trail CSAH 14
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City of Chanhassen Minnesota
Figure 2
110
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ENGINEERING
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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
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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
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CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 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
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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
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13
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1 13 5 1 32
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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