CC Packet 2006 10 23AGENDA
CHANHASSEN CITY COUNCIL
MONDAY, OCTOBER 23, 2006
CHANHASSEN MUNICIPAL BUILDING, 7700 MARKET BOULEVARD
Note: If the City Council does not complete the work session items in the time allotted, the
remaining items will be considered after the regular agenda.
5:00 P.M. - CITY COUNCIL TOUR
A. City Council Tour of Projects Under Construction.
The following work session items will be considered following the Regular Meeting:
B. Update on Off-Leash Dog Park, Minnewashta Regional Park, Mary Walsh, Carver County
Parks Director.
C. 2007 Budget Presentations:
1) Park & Recreation Commission Budget
2) Administration Budget
D. Item moved to 1L.
7:00 P.M. – REGULAR MEETING, CITY COUNCIL CHAMBERS
CALL TO ORDER (Pledge of Allegiance)
PUBLIC ANNOUNCEMENTS
E. Presentation of Maple Leaf Award, Former Councilman Steve Labatt.
F. Invitation to Halloween Party.
CONSENT AGENDA
All items listed under the Consent Agenda are considered to be routine by the city council and will
be considered as one motion. There will be no separate discussion of these items. If discussion is
desired, that item will be removed from the Consent Agenda and considered separately. City
council action is based on the staff recommendation for each item. Refer to the council packet for
each staff report.
1. a. Approval of Minutes:
- City Council Work Session Minutes dated October 9, 2006
- City Council Verbatim Minutes dated October 9, 2006
- Planning Commission Summary Minutes dated October 3, 2006
Receive Commission Minutes:
- Planning Commission Verbatim Minutes dated October 3, 2006.
- Park & Recreation Commission Summary Minutes dated September 26, 2006
- Park & Recreation Commission Verbatim Minutes dated September 26, 2006
b. Item Deleted (2006 Sanitary Sewer Rehabilitation Project 06-11: Award
Construction Contract for Infiltration/Inflow Project & Approve Agreement with
the Metropolitan Council.)
c. Lakeside Development, 125 Lakeview Road, Sienna Corporation:
1) Final Plat Approval with Variance from the Subdivision Ordinance.
2) Approve Development Contract and Construction Plans and Specifications
d. Orchard Green Project 06-04: Approve Assignment of Development Contract.
e. Approval of a Wetland Alteration Permit for the Construction of an Access to the
Western Portion of the Applicant’s Property; East of Powers Boulevard, West of
Highway 101, and North of West 96th Street; Tim Erhart.
f. Approve Cooperative Construction Agreement with MnDOT for Wetland
Restoration Construction for Highway 212 Mitigation.
g. Set Special Meeting Date to Canvass Election Results, Thursday, November 9,
2006 at 5 p.m.
h. Certification of Delinquent Utility Accounts.
i. Resolution Proclaiming November 14, 2006 as National Community Education
Day.
j. Approval of Resolution Approving the Contamination Cleanup Grant Application
and Committing Local Match and Authorizing Contract Signature for Moon
Valley Environmental Clean-Up.
k. Amendment to Section 13-52 of Chanhassen City Code Concerning Hourly
Restrictions on Certain Operations.
l. Approval of Amendment to Fire Relief Association Pension.
VISITOR PRESENTATIONS
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE
2 a. Carver County Sheriff’s Department (Sgt. Gullickson will not be present)
b. Chief Gregg Geske, Chanhassen Fire Department
PUBLIC HEARINGS - None
AWARD OF BIDS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
3. Golf Zone, 825 Flying Cloud Drive, Applicant: Jeff Helstrom: Request for an
Amendment to Interim Use Permit 98-2, Conditional Use Permit,a nd Site Plan Review
with Variances for a Proposed Addition to the Principal Structure.
COUNCIL PRESENTATIONS
ADMINISTRATIVE PRESENTATIONS
CORRESPONDENCE PACKET
ADJOURNMENT
A copy of the staff report and supporting documentation being sent to the city council will be
available after 2:00 p.m. on Thursday. Please contact city hall at 952-227-1100 to verify that
your item has not been deleted from the agenda any time after 2:00 p.m. on Thursday.
GUIDELINES FOR VISITOR PRESENTATIONS
Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City
Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided
at every regular City Council meeting during Visitor Presentations.
1. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor.
When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the
City Council as a whole, not to any specific member(s) or to any person who is not a member of the City
Council.
2. If there are a number of individuals present to speak on the same topic, please designate a spokesperson
that can summarize the issue.
3. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If
you have written comments, provide a copy to the Council.
4. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion.
Council members or the City Manager may ask questions of you in order to gain a thorough
understanding of your concern, suggestion or request.
5. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual
either by name or inference, will not be allowed. Personnel concerns should be directed to the City
Manager.
Members of the City Council and some staff members may gather at Houlihan’s Restaurant & Bar, 530 Pond Promenade in Chanhassen immediately
after the meeting for a purely social event. All members of the public are welcome.
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2006 CONTRACTED SERVICES REPORT
Totals of $1000 or More
Budgets (1530, 1540, 1550, 1600, 1700)
VENDOR SERVICE AMOUNT
Minnetonka Comm. Ed. Svcs Lake Ann Lifeguard Contract $31,000.00
Melrose Pyrotechnics July 4th Fireworks Display $23,000.00
Ridgedale YMCA Pre-School Sports $18,783.00 *
Softball Umpires – Summer Adult Summer Softball $10,000.00
ACTA – Jeff Engel Tae Kwon Do Instructor $9,973.00 *
Twin City Tennis Camps Summer Tennis Lessons $9,672.00
Skyhawks Sports Summer Camps $8.760.00
Beniek Property Service Snowplowing Downtown
Parking Lots
$8,500.00
Little Shooters Basketball Pre-School Basketball Clinics $5,300.00 *
Casablanca Orchestra July 3rd Entertainment $4,900.00
Marianne Wells Yoga Instructor $4,700.00 *
Reach for Resources Adaptive Recreation Contract $4,500.00
Proturf Weed Control for Downtown
Streets, City Hall, Library, 2
Fires Stations, City Cemetery
and Part of Kerber Park
$4,500.00
Promotional Sales July 4th T-Shirts $3,140.91
Peggie Zoerhoff Pilates Instructor $3,110.00 *
Sports Unlimited Summer LaCrosse Camps $3,074.00
Various Music Artists Music In The Park $3,000.00
Eden Prairie High School Auditorium Rental-Dance
Recital
$2,121.50
Softball Umpires – Fall Adult Fall Softball $2,000.00
Carver County Red Cross Babysitting Classes $1,497.00 *
Terry Dahl Tae Kwon Do Instructor $1,494.00 *
Igor Rybakov Chess Instructor $1,391.00 *
Metro Menus (Millies Deli) Food for various programs $1,323.91
Candyland Pony Service July 3rd Entertainment $1,200.00
Gym Works Exercise Equipment Repair $1,192.80
Maund Entertainment Face Painting/Balloon Sculptor $1,000.00 *
Misc. Tree Services Tree Removal $1,000.00
Top Notch Tree Service Spraying Evergreen Trees $1,000.00
Minnesota Plumbing Irrigation Backflow Prevention
(testing and rebuilding)
$1,000.00
TOTAL $172,133.12 *
* denotes estimated total for 2006
PRESENTATION OF MAPLE LEAF AWARD
COUNCILMAN STEVE LABATT
OCTOBER 23, 2006
Councilman Labatt—all I can say is WOW! You have given so much of your time and energy to
the City of Chanhassen these past 11+ years.
As a Chanhassen City Council member, you served for 8 years from 1999 to 2006. During your
term, you provided leadership to many projects and policies that resulted in Chanhassen being
named “The Best Place to Live in Minnesota”—at least by our accounts! Some of the projects
you worked on that should make you very proud include:
· Construction of the new Chanhassen Library
· Numerous redevelopment projects in the downtown area
· Downtown City Center Park
· The development of the City’s first Water Treatment Plant
· Miles of new and reconstructed roads, trails, and parks throughout the community
· Leadership in creating sound fiscal policies and budgets in difficult financial times
Your real passion stood out when it came to Chanhassen Public Safety and how law enforcement
was administered in Chanhassen. Using your skills and knowledge as a Hennepin County
Investigator, you were a staunch public safety advocate serving on the Law Enforcement Task
Force in 1999 and as a Public Safety Commissioner from 1995-98. You should be very proud of
your efforts in this area, as our community surveys have shown that Chanhassen is safe and that
our residents feel safe.
Again, thank you for your outstanding leadership, service, and dedication to the City of
Chanhassen. We are all going to miss your talents and skills. Thank you!
INVITATION TO HALLOWEEN PARTY
With fall upon us, the City of Chanhassen, in cooperation with our local business community is
proud to announce the fourth and final event in our year round 2006 special event series. The
event is the “Halloween Party” and will be held on Saturday, October 28. At this time, I invite
all area residents, their families, and friends to join me at the Chanhassen Recreation Center
for this event. Children ages 2-10 are invited to participate, with the event running from 5:30-
7:30 p.m. Activities include… children’s entertainment featuring the “Spooky not Scary Magic
Show,” trick-or-treating, hayrides (outside weather permitting), children’s games, haunted areas,
and refreshments. Pre-registration is required by Friday, October 27 at either City Hall or the
Chanhassen Recreation Center. The fee is $4 per child (adults are free) and covers all
activities.
CHANHASSEN CITY COUNCIL
WORK SESSION
OCTOBER 9, 2006
Mayor Furlong called the work session to order at 5:45 p.m..
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Lundquist and
Councilwoman Tjornhom
COUNCIL MEMBERS ABSENT: Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Greg Sticha, Kate Aanenson and
Paul Oehme
JOINT MEETING WITH THE ENVIRONMENTAL COMMISSION.
Ron Olson reviewed the Environmental Commission's current projects and updates on
future projects. Todd Gerhardt suggested the Environmental Commission put together a
packet regarding suggestions and recommendations to builders for constructing green
buildings in the city. Councilman Lundquist stated in the budget process the City
Council had discussed using alternative fuel vehicles in the city's fleet and asked the
Environmental Commission to investigate. Todd Gerhardt noted that with the expansion
of the city's public works facility, the city can look at adding alternative fuel tanks.
Councilwoman Tjornhom suggested the city look at having an energy audit.
2007 BUDGET PRESENTATION: COMMUNITY DEVELOPMENT
DEPARTMENT.
Kate Aanenson gave a power point presentation showing a breakdown of 2007
expenditures (general fund and enterprise fund), department budget revenues (permits,
rental licenses, surface water management fees and environmental protection), building
inspections staff and projected number of inspections for 2007, planning department
expenditures and budgets, environmental resource department, Surface Water
Management Plan, Forestry and Recycling budget breakdown, and proposed 10% cuts
which would include the delay in hiring the replacement for the building inspector.
Councilman Lundquist asked how the city would gauge the timeline for hiring of the
replacement inspector, and the number of months needed to be proactive and stay ahead
of inspections. Todd Gerhardt discussed revenue fees for service.
KEY FINANCIAL STRATEGIES: UPDATE REPORT ON ACH (AUTO PAY)
FOR UTILITY CUSTOMERS.
Greg Sticha provided an update on the progress of implementing the program. He
discussed why the City does not favor the use of credit cards for payments. Councilman
Lundquist asked about the possibility of using auto pay from residential banks to the
City's bank. Mayor Furlong asked staff to look into incentive programs for customers to
City Council Work Session - October 9, 2006
2
sign up for the ACH program. Greg Sticha stated he would talk to other cities to see
what has worked for them. Todd Gerhardt suggested inserting an educational brochure
with utility bills. The council picked four winners for the $50 credit off their utility bills.
REVIEW DRAFT RESOLUTION CONCERNING THE DISTRICT 112 BOND &
OPERATING LEVY FOR NEW HIGH SCHOOL IN CHANHASSEN.
Mayor Furlong reviewed the resolution of support for the referendum from the City
Council. Councilwoman Tjornhom asked about public support (pro or con). Mayor
Furlong stated the results of a preliminary survey will be released this week. Todd
Gerhardt suggested putting the resolution on the consent agenda for approval.
Mayor Furlong adjourned the work session meeting at 7:00 p.m..
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CHANHASSEN CITY COUNCIL
REGULAR MEETING
OCTOBER 9, 2006
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened
with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Lundquist, and
Councilwoman Tjornhom
COUNCIL MEMBERS ABSENT: Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Kate Aanenson, Paul Oehme,
and Todd Hoffman
PUBLIC PRESENT:
Kenneth & Lisa Peitz 6811 Highover Drive
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: Good evening to everybody here in the council chambers and those
watching at home. We're glad that you joined us. At this time I would ask if there are
any additions or modifications to the agenda as published. If not we'll proceed with that.
First item, at our work session this evening the council discussed a resolution relating to
the proposed referendums that Independent School District 112 is asking voters to
address this coming election on November 7th, and what I'd like to do at this point is
summarize that resolution and then ask that it be added to the consent agenda for
consideration. Independent School District 112 is one of the fastest growing school
districts in the metropolitan area. Current enrollment projections predict that the high
school will have 3,000 students by the year 2010, which is 300 over current capacity, and
nearly 4,000 students by 2020, which is 1,300 students above current capacity. At the
middle school level as well it is projected that there'll be 2,800 students by the year 2020,
which is 800 students over capacity. We recognize as a council that public schools and
the system of public schools is a cornerstone of quality within our city and has a positive
effect on civic pride, property values and our overall quality of life. We also recognize
that Independent School District completed an inclusive comprehensive planning process
before it came to the voters and asked for this referendum, which includes a bond
referendum in the amount of $92.9 million dollars to build a new high school here in the
city of Chanhassen, as well as authority for $3 million operating levy to open and operate
the new school. The City of Chanhassen in the past has supposed Independent School
District 112 acquisition of property within the city for purposes of building a secondary
school in order to accommodate the district's growth. As such the council this evening
will add this to the referendum. Will pass a resolution supporting the referendum
initiatives of Independent School District 112 and urging residents in the district to vote
City Council Meeting - October 9, 2006
in support of these referenda on November 7, 2006. So what I'll do at this point is offer
to add that to the agenda as item 1(m). Consent agenda item without objection.
CONSENT AGENDA:
Mayor Furlong: I know that there were some people that may be interested in talking
about the Highover Trail project. Staff is recommending award of bid with the modified
plan, eliminating the northern section so if there's a desire for anyone to speak on that,
this would be the time to let us know. If not, we'll just proceed with the consent agenda.
Okay. So is there any other item by members of council would like to separately discuss
from consent agenda? No? Okay. With that, is there a motion to approve items 1(a)
through (m)?
Councilman Lundquist: Motion to approve.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: You both get on the minutes this evening.
Councilman Lundquist moved, Councilwoman Tjornhom seconded to approve the
following consent agenda items pursuant to the City Manager's recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated September 25, 2006
-City Council Verbatim & Summary Minutes dated September 25, 2006
c. Resolution #2006-71: Brenden Pond Stormwater Improvements, PW 420:
Approve Quote:
d. Resolution #2006-72: Orchard Green Project 06-04: Accept Streets & Utilities.
e. Curry Farms Park Stormwater Pond Improvements and Utica Terrace Wetland
Outlet Improvement: Approve Plans & Specifications and Authorize Advertising
for Bids.
f. Resolution #2006-73: Carver County Hazard Mitigation Plan: Approval of
Resolution Approving Plan.
g. TH 212 Off-Site Wetland Mitigation Area (OF-5): Approval of Wetland
Easement.
h. Carver County Joint Assessment Contract: Approval of Contract for 2007-08.
i. Highover Trail Project: Award of Bid.
2
City Council Meeting - October 9, 2006
j. Pioneer Pass: Approval of Revised Development Contract.
k. Approve Payment of City Share of Playground Improvements at Chanhassen
Elementary School/City Center Park.
l. Approval of Amendment to the Fire Department Relief Association Bylaws.
m. Resolution #2006-74: Approval of Resolution Regarding School District 112
Bond/Operating Levy for a Second High School in Chanhassen.
All voted in favor and the motion carried unanimously with a vote of 3 to 0.
VISITOR PRESENTATIONS: None.
COUNCIL PRESENTATIONS: None.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: I'm reading the book 1776 so I'm going to start when Washington started
his war. No. The only thing I'd like to talk with City Council tonight is, we're scheduling
a tour of the water treatment plant and Liberty on Bluff Creek, and I just want to make
sure that if we started that at 5:00, I believe it's on the 23rd, our next City Council
meeting, if that would work with everybody. We'd like to run over to the water treatment
site. Spend probably 20 minutes, 25 minutes there. Then move down to the 2005 MUSA
area. Tour the east/west collector road down there. Show you some of the progress that
contractor's made on that. And then stop off at Town & Country's development and take
a tour of a couple of their models and then come back for our regular City Council
meeting and then after that regular council meeting address anything that we would have
scheduled for the work session, which would be budget presentations for park and rec,
admin and fire station. Or fire department. And then an update on fire relief. Again, our
agenda for the 23rd is limited. I think we've got maybe one or two agenda items for you
to discuss and, but I thought right after the regular council meeting we could go into our
work session. As our days are getting shorter for daylight I thought we'd better get the
tour in now before we have complete darkness and you can't see what's going on.
Planning Commission did this tour about 2 weeks ago and was very successful. Had a
great time. I think the council would definitely learn a lot of what's going on out there
and see some of this stuff that you approved.
Mayor Furlong: Anybody know of any conflicts at this point? Alright, that's fine on that.
Todd Gerhardt: Okay, I will send an email out just as a reminder of that. Also invite the
press to attend and anybody from the public that is watching this, if they'd like to show
up at City Hall at 5:00 and tour these facilities, we can do that too. That's all I have this
evening. Had a quiet weekend with homecoming. A few little tp's and a few eggs
thrown, but nothing too serious going on in the community.
3
City Council Meeting - October 9, 2006
Mayor Furlong: Okay. Any questions for Mr. Gerhardt or his staff? Okay.
CORRESPONDENCE DISCUSSION. None.
Councilman Lundquist moved, Councilwoman Tjornhom seconded to adjourn the
meeting. All voted in favor and the motion carried. The City Council meeting was
adjourned at 7:12 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
4
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 3, 2006
Chairman McDonald called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Jerry McDonald, Mark Undestad, Kathleen Thomas, Kevin Dillon,
Kurt Papke, Debbie Larson and Dan Keefe
STAFF PRESENT: Kate Aanenson, Community Development Director; Lori Haak, Water
Resources Coordinator; Josh Metzer, Planner I, and Alyson Fauske, Assistant City Engineer
OATH OF OFFICE: Chairman McDonald administered the Oath of Office to Kathleen
Thomas.
PUBLIC HEARING:
REQUEST FOR VARIANCE TO FRONT YARD SETBACK TO CONSTRUCT A
GARAGE ON PROPERTY ZONED RESIDENTIAL SINGLE FAMILY LOCATED AT
3735 HICKORY LANE, ED & CHERYL BIXBY, PLANNING CASE NO. 06-31.
Josh Metzer presented the staff report on this item. Commissioner Keefe clarified that the
neighboring property had received a similar variance. Commissioner Undestad asked for
clarification of what staff was recommending. Kate Aanenson asked the Assistant City Engineer
to comment on the need for reconstruction of Hickory Road in the future. Ed Bixby presented
his variance request. Chairman McDonald opened the public hearing. No one spoke and the
public hearing was closed.
Papke moved, Dillon seconded that the Planning Commission approves Variance #06-31
for a 12 foot front yard setback variance to construct a one-stall garage with an 18 foot
front yard setback and a 3.94% hard surface coverage variance on property located in the
Single Family Residential (RSF) with the following conditions:
1. A building permit is required for the construction of the garage.
2. A revised survey showing proposed structures and hard surface coverage data must be
submitted with the building permit application.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
PUBLIC HEARING:
GOLF ZONE: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT #98-2,
CONDITIONAL USE PERMIT AND SITE PLAN REVIEW WITH VARIANCES FOR A
PROPOSED ADDITION TO THE PRINCIPAL STRUCTURE, LOCATED IN THE
AGRICULTURAL ESTATE (A2) DISTRICT AT 825 FLYING CLOUD DRIVE,
APPLICANT, JEFF HELSTROM, GOLF ZONE, PLANNING CASE 06-30.
Planning Commission Summary - October 3, 2006
2
Josh Metzer presented the staff report on this item. Commissioner Keefe asked for clarification
on the size and architectural standards of the proposed building. Commissioner Larson asked for
further clarification regarding the architectural standards. Commissioner Papke asked about
comparisons to the Halla golf course and the economics involved with approving this request.
Commissioner Dillon asked about the flooding potential and the possibility that businesses or
houses would go on this property, and clarification of the definition of higher and better use.
Commissioner Keefe asked for clarification regarding setbacks in relation to the buildable area
versus unbuildable area. Commissioner Undestad talked about the timing issue of the interim
use permit. Chairman McDonald asked for further clarification on what happens in 2020 when
the interim use permit expires. The applicant, Jeff Helstrom outlined the specifics of his request
and the hardship of building to the city's architectural standards. The commissioners asked the
applicant to explain his future plans for the business and property. Chairman McDonald opened
the public hearing. No one spoke and the public hearing was closed. After commission
discussion and comments the following motion was made.
Papke moved, Undestad seconded that the Planning Commission recommends denial of the
site plan and amendment to Interim Use Permit #98-2 for the construction of an 11,100
square foot addition to the principal structure requiring a 10,300 square foot building area
variance from the 800 square foot building area restriction for the golf driving range
principal structure and a second variance for the use of steel paneling as the primary
exterior material on property located in the Agricultural Estate District (A2) at 825 Flying
Cloud Drive, as shown on the plans prepared by Structural Buildings, Inc. dated
September 11, 2006 and as shown on the plans prepared by Anderson Engineering of
Minnesota, LLC dated September 11, 2006 based on the findings in the staff report and the
following conditions:
1. The applicant already has a reasonable use of the property through Interim Use Permit
#98-2 which permitted the operation of a golf driving range in the Agricultural Estate
(A2) District.
2. The applicant has not demonstrated a hardship.
All voted in favor, except Larson, McDonald and Keefe who opposed. The motion carried
with a vote of 4 to 3.
PUBLIC HEARING:
REQUEST FOR A WETLAND ALTERATION PERMIT FOR THE CONSTRUCTION
OF AN ACCESS TO THE WESTERN PORTION OF THE APPLICANT'S PROPERTY
LOCATED EAST OF POWERS BOULEVARD, WEST OF HIGHWAY 101 AND
NORTH OF WEST 96TH STREET, APPLICANT TIM ERHART, PLANNING CASE 06-
32.
Public Present:
Name Address
Planning Commission Summary - October 3, 2006
3
Kevin Bogenreif 631 96th Street West
Jim Byrne 700 West 96th Street
Andrew Riegert 620 West 96th Street
Roger Lee 600 West 96th Street
Karen Hasse 630 West 96th Street
Gary Bendzick 731 West 96th Street
Tim Erhart 9611 Meadowlark Lane
Lori Haak presented the staff report on this item. Commissioner Keefe asked for further
clarification on the need for a lift station in this area. Commissioner Larson asked what happens
if the specifically mentioned spike rush plant is found to be on the property. Commissioner
Papke asked about tree impact. Commissioner Dillon asked for clarification of jurisdiction over
wetland ordinances. Tim Erhart asked for clarification of condition number 10 regarding the
east/west road. Chairman McDonald opened the public hearing. No one spoke and the public
hearing was closed. After commission comments the following motion was made.
Keefe moved, Thomas seconded that the Planning Commission recommends approval of
Wetland Alteration Permit #06-32 for the construction of an access road and stormwater
pond subject to the following conditions:
1. Because the species of spike rush was not identified during the delineation, the dominant spike
rush within Wetland B shall be keyed out to ensure that the increased period of inundation will
not adversely affect a state-threatened plant species or a significant natural community.
2. 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.
3. 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.
4. 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.
5. 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
Planning Commission Summary - October 3, 2006
4
of recording of a Declaration of Restrictions and Covenants for Replacement Wetland.
6. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked
in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge
signs, under the direction of City staff, before construction begins and shall pay the City $20 per
sign.
7. A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The
applicant shall receive approval from Carver County for the proposed normal water level
(NWL) in Pond 1 and for the proposed berm.
8. At this time, no development is approved for the “Future Development Area.” Any future
development and/or requested changes to the land use for this property shall undergo the City’s
development and land use review process(es).
9. Stormwater calculations were not submitted for Pond 1. When the future development area is
developed, the pond shall meet all stormwater requirements in place at that time.
10. The east-west road will be a field road that will extend from Powers Boulevard shall only serve
the future development area identified on the plan and the future lift station. This road shall not
extend further east.
11. Future utility installation shall be a lighter line weight than the proposed storm sewer installation
that will be done in conjunction with the wetland alteration.
12. The silt fence along Powers Boulevard shall be installed east of the trail at the construction
limits. The rock construction entrance shall be at least 75 feet in length. The plans shall be
revised to show the City’s standard details 3107, 3108, 5300, 5301 and 5302A.
13. The temporary riser structure shall remain in place until the pond and adjacent areas are
stable.
14. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
Planning Commission Summary - October 3, 2006
5
made systems that discharge to a surface water.
15. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as-needed.
16. A building permit shall be obtained for all retaining walls greater than four (4) feet in height.
17. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota
Department of Natural Resources (for dewatering), Carver County) and comply with their
conditions of approval.”
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
APPROVAL OF MINUTES: Commissioner Keefe noted the verbatim and summary
minutes of the Planning Commission meeting dated September 5, 2006 as presented.
Chairman McDonald adjourned the Planning Commission meeting at 8:45 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
OCTOBER 3, 2006
Chairman McDonald called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Jerry McDonald, Mark Undestad, Kathleen Thomas, Kevin Dillon,
Kurt Papke, Debbie Larson and Dan Keefe
STAFF PRESENT: Kate Aanenson, Community Development Director; Lori Haak, Water
Resources Coordinator; Josh Metzer, Planner I, and Alyson Fauske, Assistant City Engineer
OATH OF OFFICE: Chairman McDonald administered the Oath of Office to Kathleen
Thomas.
PUBLIC HEARING:
REQUEST FOR VARIANCE TO FRONT YARD SETBACK TO CONSTRUCT A
GARAGE ON PROPERTY ZONED RESIDENTIAL SINGLE FAMILY LOCATED AT
3735 HICKORY LANE, ED & CHERYL BIXBY, PLANNING CASE NO. 06-31.
Josh Metzer presented the staff report on this item.
McDonald: Okay, thank you. Dan, you want to start us off?
Keefe: Yeah. You know I was looking at the history that Cedar Point variance history and it
does look like, there's the property right next door 3733, that particular number looks like they
want to add an 18 foot front yard setback variance and a 5% hard surface coverage variance for
the construction of a 2 stall garage. And in this case they're asking for a single stall, is that
correct? And hard surface coverage variance would only be 3%, is that correct?
Metzer: Correct.
Keefe: So if you kind of look at, sort of compare the properties and things that we've done in
the area but it looks like maybe the best comparable for that might be the one right next door. Is
that correct?
Metzer: Yep. It's the same size lot.
Keefe: Alright, I just want to make sure I was interpreting that correctly so. Okay, thanks.
That's all I have.
Larson: Kind of on the same vein, had they originally wanted a 2 stall? No? Okay, that's all I
have.
Undestad: Just one question Josh. With the proposed or possible reconstruction of Hickory,
then recommendation A is what we're looking for for an 18 foot?
Planning Commission Meeting - October 3, 2006
2
Metzer: Correct.
Undestad: Front yard setback, is that right?
Metzer: Correct.
Aanenson: Maybe we can ask Alyson to comment a little bit about the need for reconstruction.
The purpose why.
Fauske: Certainly. Planning Commissioners. When engineering staff looked at this proposal we
looked at long term, what will happen in that neighborhood and we realize that the streets and
right-of-way widths for that matter are sub-standard in this area so we do realize that there's
some flexibility required in through here. The need for street reconstruction is actually two fold.
One being the surface condition of the streets, and they are not very good. And the other is the
utilities in there. They're old cast iron watermain. The old sanitary sewer in there. We have a
problem with inflow and infiltration and so when we looked at this situation we realized that in
the next 5 or 10 years this street will need to be reconstructed so we wanted to have a staff
recommendation that would allow the applicant a good use of their driveway, i.e. having a
parking space available while being able to have room to do some reconstruction in the area.
McDonald: Thank you. Kathleen?
Thomas: Actually I believe Alyson answered my other question I had.
Papke: Just one clarification question. The table on page 2. Very handy little table. I assume
that they could have penned a column 3. The first column is the ordinance. The second column
is the proposed by the applicant. Third column would be the staff proposal. The detached
accessory structure would remain at 280. The front yard setback would go to 18 feet. Side yard
setback would stay at 10 feet. Hard surface coverage would go up to 28.94%. Do I have that
right?
Metzer: Right.
Aanenson: Correct.
Papke: And that's what we're really talking about here so it's really, unlike, it's actually about a
4% delta.
Metzer: That's correct.
Papke: Not a 3%. Okay, I got it.
Dillon: I don't have any additional questions.
Planning Commission Meeting - October 3, 2006
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McDonald: Okay. I don't have any questions either at this time. If the applicant is present,
would you care to step up and make a statement before the commissioners?
Ed Bixby: The survey I had originally was faulty. They missed part of the house and that's why
I actually come up with the plan for a one car garage. And I came in under the 25% hard surface
but then when they found out that the survey was faulty, I wasn't, this is more of a variance that I
was originally looking for but it's…
McDonald: Excuse me, before you go on would you state your name and address for the record?
Ed Bixby: Sure. Ed Bixby, 3735 Hickory Lane.
McDonald: Go ahead.
Ed Bixby: I don't have anything else to say.
McDonald: Okay. Does anyone, Planning Commissioners have any questions?
Keefe: Just one quick question. Did it say you were going to tear down a shed or something?
Ed Bixby: Yeah.
Keefe: Okay.
Ed Bixby: And that was originally to make it to get in under the 25% hard cover.
Keefe: Okay. And so would that, since this is at 28.94, would you still be doing that then or?
Ed Bixby: I probably would, yeah. Since I've been planning to do that.
Keefe: Okay.
McDonald: Debbie.
Larson: Nothing.
McDonald: Mark?
Undestad: No.
McDonald: Kathleen?
Thomas: No.
McDonald: Okay. At this point what I'd like to do is open the floor for public comment. What I
would ask is that you would come up to the podium. Please state your name and address and
Planning Commission Meeting - October 3, 2006
4
address your comments to the commissioners. Okay, seeing no one come forward, I close the
public meeting and at this point bring the matter back before the commissioners for discussion.
Why don't we start with you.
Dillon: Well it seems like the staff has worked with the applicant to come to a reasonable you
know acceptable solution here. That coupled with all the other variances that have been granted
in the neighborhood, you know it would be hard to, this is certainly not maybe as egregious as
some of the other ones so I mean I think it sounds like something that would be certainly
supportable from my point of view.
Papke: Given the balancing act here, I mean the applicant can't meet all the city code regardless
of what he does here so between you know on one hand the 2 car garage and on the other hand
the setback and the hard surface coverage, I think this is a very reasonable request and I
appreciate the applicant for not, for stopping at a 1 car request. I think this is very reasonable.
Thomas: I agree as well. I think that the 1 car request is very, was…of the applicant and I agree.
McDonald: Okay, thank you.
Keefe: I think there's plenty of precedence in regards to variances here and I think the hardship
you know has been satisfied and he should have a garage like every other property in the city so I
think it's fine.
McDonald: And I guess the only thing I would add to that is the fact that the minimal lot sizes
that we've got now are 15,000 square feet. This is 5,000. I don't see how you're going to do
anything to meet it upon a 5,000 square foot so I'm, plus going out looking at the property, I
commend you for working with staff. You probably could have brought us a very grandiose plan
but you didn't so for that I would have no problem supporting this either. At that point I'm ready
for a motion from the commissioners.
Papke: Mr. Chair I'll make a motion that the Planning Commission approves Variance #06-31
for a 12 foot front yard setback variance to construct a 1 stall, oops. Yes. To construct a 1 stall
garage with an 18 foot front yard setback and 3.94% hard surface coverage variance on property
located in the single family residential (RSF) with conditions 1 and 2 as listed in the staff report.
McDonald: Do I have a second?
Dillon: Second.
Papke moved, Dillon seconded that the Planning Commission approves Variance #06-31
for a 12 foot front yard setback variance to construct a one-stall garage with an 18 foot
front yard setback and a 3.94% hard surface coverage variance on property located in the
Single Family Residential (RSF) with the following conditions:
1. A building permit is required for the construction of the garage.
Planning Commission Meeting - October 3, 2006
5
2. A revised survey showing proposed structures and hard surface coverage data must be
submitted with the building permit application.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
PUBLIC HEARING:
GOLF ZONE: REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT #98-2,
CONDITIONAL USE PERMIT AND SITE PLAN REVIEW WITH VARIANCES FOR A
PROPOSED ADDITION TO THE PRINCIPAL STRUCTURE, LOCATED IN THE
AGRICULTURAL ESTATE (A2) DISTRICT AT 825 FLYING CLOUD DRIVE,
APPLICANT, JEFF HELSTROM, GOLF ZONE, PLANNING CASE 06-30.
Josh Metzer presented the staff report on this item.
McDonald: Dan, you want to start?
Keefe: Sure. The 800 square foot that is in the, that it's currently operating under. Is that, where
did that number come from, do you know?
Metzer: Well originally there was an existing structure on the property, which is what the
existing clubhouse is today. Which I believe was 800 square feet at that time and the reason the
standard was set at that is, that was viewed as the size of a structure that lends itself to a
temporary use, and that what was being proposed was an interim use which had an expiration
date on it so.
Keefe: Yeah, so I guess what I'm struggling with here is yeah. I mean you look at the variance,
800 and 11,000 and it's like oh my gosh. That's just gargantuan but I guess a long range plan is
for large lot use here but I mean is the use of this particular, I mean the temporary use something
that we're trying to prevent or don't want or, it does seem to me that there's some reasonableness
to the request to maybe have a little bit more of an operational facility. And I don't know that
800 feet is enough to accommodate that sort of winter use, which I think is what they're driving
at. To have a larger club house that can accommodate more the winter crowd so anyway, any
idea on that?
Aanenson: Yes, that's a very good point and it's kind of a struggle that the staff had, and if you
look at the purpose of interim uses, we have a number of interim uses in town. For example
across the street we have the garden center. Those uses which were given interim uses were put
in place because they were going to go away when a higher and better use, for example sewer
and water was to come to the property. So we allowed garden centers, but we put time lines on
all those, assuming that once sewer and water became available, value of the property would go
up. So the issue here really is, if you're to expand. Now this is guided large lot. When we're
updating the comprehensive plan this will be one of the properties that we'll also look at. There
are some properties along the south side of 212, which originally, or the last update and the one
prior to that, the 1991 update, didn't anticipate sewer and water. We're re-evaluating that
decision as we look through the County's. Working with the County. Looking at the
transportation corridor there and what is the best way to provide services. A lot of that area
Planning Commission Meeting - October 3, 2006
6
south of 212 is in the flood plain, but there are some upland areas so we'll be investigating that.
So really kind of going to what you're speaking to Commissioner Keefe is, what is the best long
term use for this because if you're going to put something in there to make it permanent, then at a
minimum we're saying that you need to at least have the architectural standards because the
criticism that the staff gets is that, things that end up in the southern area of the city tend to be of
a different standard and why is that? If it's going to be in there for the long term, and you believe
that's the highest and best use, which I think is kind of the discussion that if that's what you
believe then, then at a minimum they should meet the architectural standards. For example the
contractors yard has a very small building. If you look at what we just approved on Halla
Nursery. Has a very small building and that's more of a golf course. This is a driving range,
which we looked at a different use so we struggled with that, at the highest and best use on that
but if you believe as a commission that that would be the best use long term, it may last the life
of 2020 or you believe it could come down, then we would at least say that at a minimum that
you should look at the architectural standards. But really the interim use is just to get some
reasonable use. Some capital on the property until such time as something better came along.
Keefe: Alright, so because we're going to be working on the comp plan is this maybe premature
then in terms of this request potentially if we decide to guide it differently than the comp plan
discussion?
Aanenson: It could be, and I think that's where the catch comes in to say well now, we're going
to make them put the architectural in place but what if, what if we tell them you don't have to put
the architectural in place because we're going to give it commercial zoning and then it never goes
away so it's really kind of a predicament of.
Keefe: Right. Well the building they're proposing isn't necessarily, you know isn't one that
seems you know, it's a permanent type of long term building. I guess it's permanent but I
mean…
Aanenson: Well we wouldn't accept it anywhere else in the city. That's our point. And so what
we do will brought to our attention later. The only other one that we did was metal that's in this
area, that's also in on an interim use would be, and the reasons for that was the horse barn across
the street. And that was really a functional part of the fact that they're storing animals and that
one also has an accepted but limited time frame. There's no sewer and water to the property and
they also believe that there'll be a higher and better use. And it is guided for higher and better
use. Office industrial. So we do believe that that one will change over and it's kind of got it's
life cycle out of it.
Keefe: That's all I have for now.
Larson: Well I've got a question just so Kate, are you saying that.
Aanenson: I'm listening, I'm sorry.
Larson: Are you saying that if they were to up the architectural standards on this, that it would
be something that…
Planning Commission Meeting - October 3, 2006
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Aanenson: I'm saying the question is, if you believe this is the best long term use, what do you
believe is the best look for the building? That's why we gave you the different options. If you
believe that the golf course is going to stay there for a longer term, then I think we should look
at…
Larson: …to first of all be accepted to do this and then went with the higher standard building,
could it be converted to an office or whatever it is you're.
Aanenson: Sure.
Larson: So in that vein, would the City be okay with that? You know what I mean? I'm trying
to figure out, because we're getting a couple choices here.
Aanenson: Sure, no I think what we're saying is that, our first choice would be, if you're going to
approve it, that you approve it at the higher architectural standards.
Larson: Okay.
Aanenson: So if you did want to approve that. Well first you have to recommend the denial.
Larson: The thing is we're looking into a crystal ball here I mean.
Aanenson: Right.
Larson: Because we don't know.
Aanenson: Right. But at a minimum it's going to have a life cycle but it's going to sit there for a
while and is that the standard you want for that area? Yeah.
Larson: We're talking 14 years at this point.
Aanenson: And also adding onto it and is that really a temporary use? If you look again at the
landscaping yard, it doesn't have that many buildings. You try to make them more fluid where
they can change over so that's kind, so it's kind of a two prong question. Is this the highest and
best use ultimately and what do you want it to look like?
Larson: Okay. That's all I have.
McDonald: Mark.
Undestad: Yeah, I think it's the fact that the life cycle and that I mean. We can't hardly say
yeah, build this knowing that in 2020 we could all be sitting here going okay, tear that down.
We're doing something else.
Aanenson: Right. Well it would become non-conforming. We wouldn't force them.
Planning Commission Meeting - October 3, 2006
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Undestad: If it ends, it ends in 2020 so if something were to change between now and then.
Aanenson: Right. Right.
Undestad: So if we said yes, you know we think you should do that. Change your building
façade and your structure, they could still be coming back next year or next month or 6 months
from now saying, okay that's all going to be changed and now. So we really can't say yes, you
can. I mean I'm looking at all the options of trying to say if you approve it, you do this.
Everything in there kind of changes. Is helping everything other than that time period. We can
change the façade. We can change the parking. We can do this park.
Aanenson: That's why our first recommendation is it's probably premature and we then do that
because you really, I believe that economics down there are going to change. Is that 15 years?
20 years? Has it run the life cycle? Is the applicant willing to do that? Could he modify the
building? Is there additional land that could still be built on? There's a lot of what if's. Will we
provide sewer and water down there? Would this be an area that we reconsider for possibly a
business or office industrial site? Those are all possibilities.
McDonald: Kathleen.
Thomas: Actually I don't think I have any questions.
McDonald: Kurt.
Papke: The Halla property was brought up already. What size limit are they being held to?
Aanenson: 60 by 40 wasn't it?
Metzer: Well I'm not sure what the size limit is but I know it was approved at, for that specific
use. I don't know what the max is but yeah, the club house is 60 by 40. There's a maintenance
building that is 60 by 30. Now we figure that combined those two aren't even half of what's
being requested here.
Papke: Okay. And Commissioner Undestad brought up the issue of, you know what happens in
2020? Is there any concern on the part of staff or is there a precedent for an applicant coming in,
this applicant in particular, coming in 2020 saying, you allowed me to build this big building. I
have this big investment on this property. You can't rezone this. I have too much investment
here.
Aanenson: Absolutely, and that goes to my question of saying if you put that much architecture
into it, now you've made a big investment commitment but so, but then if you don't do that,
you're stuck with a building that may last longer.
Planning Commission Meeting - October 3, 2006
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Papke: Right. So this, if we approve this, it could potentially, there is the possibility. No
guarantee but the possibility this could ham string us. Or it could become a contentious issue in
14 years.
Aanenson: Right, and that's why I went back to, I think Commissioner Keefe asked the right
question. Is this a use you feel comfortable with for possibly longer period of time?
Papke: Given that I have a question on the rationale on page 4 of the staff report. It stated that it
will not be detrimental to the economic welfare of the community. If this caused the driving
range to you know somehow or another exist way past the 2020 point, is there an argument that
says it would be detrimental because we couldn't take this property to a higher use than a driving
range. Large lot. Parkland. Whatever. I understand the rationale. In the, the tough one here is
in the short term, clearly there's an economic benefit to the community. I mean this driving
range does a tremendous business down there. Is a real asset to the community for the next 14
years. But there's also a county argument that says in 2020, you know allowing this to go
through could be an economic detriment. You see where I'm going with that?
Aanenson: Correct. Yes, and it's a good argument. The only counter argue to that is right now
in the comprehensive plan it's still just guided large lot. Because we weren't anticipating sewer
and water. So what would change the dynamics of that is the unknown of what we'll be looking
at with the comprehensive plan update. Is it a signalized intersection. If you did put sewer in
there, obviously it's a nice piece. Highly visible. Beautiful.
Dillon: …understand, you know it talks in the report here a little bit about flooding and you
know that kind of backs up to the river there and a few years ago I mean the flooding down there
was kind of like an under statement. So longer term, you know is it kind of realistic to think that
there'll be like businesses and a lot of houses and stuff down there? I mean how are we going to
ever like present that?
Aanenson: There's a flood plain, if you look at the entire site. There's quite a few acres. 6-7 of
it is upland. That's the part that's buildable. Josh can show you on there how big the whole
parcel is. Can you just take your pencil around the yellow.
Metzer: The buildable area is roughly.
Aanenson: Well just show the whole site first maybe.
Metzer: Yeah, the whole site is kind of this hammer head. What's currently being used for the
golf range is the area in green you see here. What is actually upland, buildable to actually put a
structure on roughly runs about like that. So within this area here.
Dillon: So, alright.
Aanenson: So a majority of it is in the flood plain. There is some upland.
Papke: So that would have to be parkland, open space.
Planning Commission Meeting - October 3, 2006
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Dillon: Driving range.
Aanenson: Right.
Dillon: I mean I'm just trying to make a point. The other thing is, you know the building, you
know looks a little bit on the big side to me. I've been there many times and with, has the staff
and the applicant talked about maybe not only changing the aesthetics but the size and maybe
kind of work out some kind of compromise so that it's not such a big, honking thing that is you
know, maybe an eye sore or whatever you know.
Metzer: Originally in meeting with the applicant the original proposal is near 14,000 square feet.
We've since come down. Originally the proposal was, part of the building was in the flood plain.
The layout was changed to come out of the flood plain. Reduce the size of the building a little
bit.
Aanenson: So it has been reduced.
Dillon: And then the other thing, and it's not, I mean it's just the term higher use. I mean that's
kind of an evaluated term and what's higher and how do we know that? I mean because there are
some people, and I'm not being facetious here that would say like a golf course is about the
highest use of land you can have. So how do we, how is that determined? The goodness of the
use.
Aanenson: Well part of the indicator would be one, if it's available for sewer and water. It
would allow commercial building which when you, a taxable based on building and the function
of the building. The valuation of the building. So if this is a metal building, mostly open, I
would think it would have a different valuation than a commercial office building. So that would
be one functionality. So that would be a higher and better use if you're looking at it for the tax
purposes.
Dillon: I see.
Aanenson: Strictly valuation and that goes, getting back to really the struggle is, if you believe
this is the best. It's not a bad use. I'm not saying that. You know it's, if you believe that's the
best use in the long term.
Keefe: Jerry, just one quick question. You know a good portion of the acreage in here is in the
wetland or in the flood plain. Do we ever look at, you know then you've got this large building
that's really on a small portion, that's really a buildable area of that. Do we any sense, I think we
have a lot of other buildings that are like this on that 5 acre you know size and do we look at the
setbacks related just to the buildable area versus the entire? Because if you look at the setbacks,
if you look at your grid on page 8 here, it's showing the whole site. Well, you really don't have
use of the whole site. You only have use of 5 or 6 acres out of the site so, if you look at the
buildable area, you know it'd be interesting to kind of know sort of that piece of it.
Planning Commission Meeting - October 3, 2006
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Aanenson: Right. The golf course itself takes up, or the driving range, takes up more than that
because they're actually driving into the flood plain with the nets and they're captured by the
nets. So that's, the buildable area in the future, if there was sewer and water, could only occur on
the buildable area. Could only be on the upland portion.
Keefe: Right.
Aanenson: You couldn't be able to capture the use of the flood plain, which this use does.
Keefe: Right, and that's part of what I'm struggling. I mean if you were to look at this just solely
as you've got it stated, I mean what's the big deal because they're set back, they have over 1,000
foot setback. You know so, but if you measure it on that small buildable area you might look at
it a little bit differently. Although it's still 5 or 6 acres which is pretty decent size.
Aanenson: Because you've got the other pitching…
Keefe: Yeah.
Undestad: I just have one more again on this timing issue. Have they talked at all about you
know if they're going to put up a metal building or I assume a pole barn type deal that you know,
would they look at some agreement that way that says when your conditional use permit
expires…
Aanenson: That might be a question for the applicant.
McDonald: I've got a couple questions for you. We kind of covered about the flood plain. I'm a
little concerned about that when we start talking about better uses and higher usages and those
types of things. You know I didn't see that becoming residential because of where it's at. And
then you look at putting an office building in there, I think you've kind of gotten to the heart of
that. Yeah, a better use is subjective, depending upon who's you know making the
determination. I think all the golfers in the city probably would agree that that is the highest use
possible and others will not but you mentioned taxes. If we go to something that meets the
architectural guidelines, at that point now we're looking at a higher valuation for tax purposes, is
that correct?
Aanenson: I would assume so, but I'm not the expert in that.
McDonald: Okay, but I mean generally it's based upon the value of the building, and so one that
would meet these standards would probably be a higher cost building.
Aanenson: Correct.
McDonald: Okay. And at that point, I'm still a little confused about the 2020 because if we do
this, everything just doesn't go away in 2020. I mean the building could stay there and they
could continue as a golf course if it's still economically feasible, is that right? Or what problems
do we create then?
Planning Commission Meeting - October 3, 2006
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Aanenson: Again. If you look at what the original interim use was for. Where you had the
original house and then we have the minimal structures. That was the intent. This applicant
wants to go beyond that and it's no longer an interim use. That's the first hurdle. We've moved
from interim use that's flexible and can go away and become something else to say now we
believe this is what's going to stay here long term.
McDonald: Okay. So by doing this we're doing away with the interim use permit or the interim
use use?
Aanenson: Well no, you're amending the permit but I think.
McDonald: What I'm getting to.
Aanenson: It's implied that it's going to be a longer term use, is my opinion.
McDonald: Okay.
Aanenson: You've bought in some time. It'd be hard to tell somebody now you've made this
kind of investment, to take it down. And that's why interim uses, we look at contractor's yards,
wholesale nurseries, but they don't have that big of investment. They may have a few
greenhouses or just a fruit stand or something like that. We have a short list of interim uses and
that's when we looked at this originally. So that's kind of that hurdle, if you believe this is the
best long term.
McDonald: Okay. Now I guess I understand why you keep emphasizing upon that because we
could have to live with this for quite some time.
Aanenson: Yeah, and I'm not saying that's a bad thing. It's just how you want it to look, right.
McDonald: Okay.
Dillon: Can you make taking down the building at the end of 2020 a condition of the approval?
Aanenson: That might be a tough burden. I think that's something you would want to ask the
applicant, if that's too big of a hurdle for them to say. It's a good question.
McDonald: Well the other question I've got is, what kind of a business have they been? I mean
do we get a lot of complaints against them? Have they been pretty good as far as sticking with
the agreement thus far and everything?
Metzer: Yeah.
McDonald: Okay. That's kind of all the questions I've got. Anybody else want to?
Planning Commission Meeting - October 3, 2006
13
Larson: Yeah, Chairman McDonald. So then if we were to agree, I mean if we're establishing
that maybe this building would come down in 2020, why not allow the lower standard building?
Considering it's a, for the purpose that he wants.
Aanenson: Well again, I think that the first thought process is going to be, we're moving beyond
kind of a temporary interim use. This was the old farm house. Then once you go beyond that,
then I think that's a question for the applicant is to say what is my long term plans for that
property. Is it still realistic to say it's coming down in.
Larson: Well, I understand that but from the city's standpoint, wouldn't it make more sense then,
I've got some questions for him too but wouldn't it make more sense than we're not stuck with,
you know it would be more enforceable should I say at the end of the 14 year period to say okay,
you know. The building's now 14 years old and okay you didn't spend all that much money on it
so it's a less expensive investment to be argued.
Aanenson: I'm not sure of the legal, how that would be. I'm not sure I'd want to argue that one.
I don't know.
McDonald: You don't want to get into that.
Larson: Okay.
Aanenson: Yeah, because you'd still approve something beyond.
Larson: Well see that's what I mean. I don't know what are limitations are on that.
Aanenson: Don't know either.
McDonald: Okay. And at that point is the applicant present? Why don't you come on up and
give us your presentation.
Jeff Helstrom: Wow. 2020. If I can't grow my business from now til 2020, I'm not going to be
in business. I mean you've seen the size of my club house, if you've been there. It's not even as
big as this room I don't think. And what I'm doing here is building a facility that turns my winter
operation from a place that serious golfers go to, and that's about it, to a place that families can
go, and that's what I have in the summer, and that's why it's so important. I can't, I mean it's easy
to say that I just keep it the way it is and everything's peachy but I just had a driving range open
up up the street from me and you know my business is down 30% this summer. Do they have a
condition use or an interim use?
Aanenson: They have a conditional use.
Jeff Helstrom: Which I wasn't granted to begin with, and I don't understand if a higher and better
use for the property is the big concern, why did they get a conditional use permit?
Aanenson: Because they're a golf course.
Planning Commission Meeting - October 3, 2006
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Jeff Helstrom: I have a golf course too.
McDonald: Well I guess the issue isn't so much what Halla got as to what it is you're wanting to
get. I mean one of the things that we're wrestling with, and I think we're beginning to come to
terms with is this whole thing about higher and better uses and interim use permit. What we're
really being asked to do today is to, we could impact that and basically change it. And I guess
there is a reluctance I think to do that without asking some very detailed questions. It's not to
compare you with Halla. He went through a lot to get what he did and we asked a lot of
questions and they had to compromise a lot in order to get that, and your name was mentioned
during those times so. But yes, what we're really interested in is, okay we need to feel
comfortable with basically I think going ahead with this and allowing you to put something on
there that is probably going to be more permanent, whether it's metal or you know meets the
agricultural standards, or architectural standards. That's what you're asking us to do. That's the
bottom line. We need to feel comfortable with that. You need to convince us why are we doing
this so stick to that. Don't worry about Halla.
Jeff Helstrom: Well what I've done down there so far is taken what was a piece of essentially
swamp land and I've taken the swamp land area and put the driving range there. I took the rest of
the swamp land area and put par 3. It wasn't really swamp. It's surrounded by swamp and it's in
the flood plain, so you're never going to build anything there. And then I've taken and built what
I thought was as nice of a facility as I could just using that existing building. What I'm
proposing here would really tie the whole thing together and that's why I proposed a pole
structure because you can really make it look nice, but it doesn't cost a fortune to do it. I mean if
you look at the siding and then I added $11,000 worth of stone to the bottom of it. I don't know
if you've been down there lately but I've done a ton of landscaping down there. I did it all
myself. I bet it's $100,000 worth of landscaping. Boulders and streams and all those kind of
things. I think I've done, I've done a nice job of taking that corner, which was you know, there's
a little hotel there and that little garden center, and I think some stability in bringing a lot of
people into the community. And I see this as being, and that's why I asked about the conditional
use permit. I'd like to keep going down there with this business the way it is. I don't, you know
if 30 years down the road sewer and water comes in, and they want to put offices down there and
pay me $15 bucks a foot for that land, you know we'll bulldoze the thing. I mean but that might
not happen and I can't run my business with the assumption that that's going to happen. I've got
to take a business that's viable and going okay, but it could be better, and try to find ways to
improve and that's what I'm doing.
McDonald: Okay. Questions for the applicant.
Keefe: Yeah, can you explain a little bit more of what the use of the building itself would be.
I'm not, you know I heard some mention of increased winter usage. What is the layout and then
sort of…I'd like to know a little bit about the construction of it as well, just in terms of product
and permanency and that type of thing.
Metzer: Why don't first of all we'll show you the exterior elevations. This would be the north
elevation looking, as if you were standing at 212, on the parking lot. And then moving around
Planning Commission Meeting - October 3, 2006
15
the building, west. South elevation. If you're on the driving range. And east. And then again,
this would be the north. So parking lot side. This is the existing club house. Existing driving
stalls. And new portion.
Jeff Helstrom: This is…it would be attached to the house and then we'd match up the house.
Attach a new roof on the house, which it really needs but the money's not always there to make
those improvements but I was going to make it part of my expansion. Can we put this back up?
Oh there it is. Okay, so over here, these would be, this would be the maintenance area down in
the end and these would be driving stalls. So I'd add about 8 driving stalls because in February
and March that's my prime time. That's when we're really busy. It happens for 8 weeks and then
it's done, so it'd be nice to have some extra stalls there. And then I'd put a new reception area in
this area right here, and then putting greens and then a huge practice putting green right in here.
So families, moms could bring the kids down. Be in here you know reading a book and have a
nice place to sit in a warm area while the kids are doing something. Because if the kids are all
hitting in the stalls, it's, I mean it's not always warm when you're kind of standing, you know
behind the stalls watching the kids hit. You need a place to go that's actually enclosed and
heated where the whole family can come down and enjoy the place, rather than just, like I said,
the serious golfers. And that's what they'd be able to do in this whole place, and the reason it's so
big is because you know golf is just a big sport. I mean golf courses are huge and you've got to,
even when you're putting, you've got to putt a certain distance. You know you've got to putt 30-
40 feet sometimes and you put a few of those putting holes around and put some water features
and such in there, all of a sudden you need a pretty big space, and I did shrink it down from my
original plan, but that's about as small as I could get it.
Keefe: So the bulk of that building is really, your plan for it would be an indoor putting?
Jeff Helstrom: Yeah, indoor putting. Like I said, put water features in there. I'd have a new
reception area with a bigger area to serve you know some pizzas and soft drinks. Like right now
I just have a pop machine. I literally don't have any room to put any kind of equipment to cook
or do anything like that, so I just want to make it a whole experience. You know there's the
option of just adding more stalls, but that's just a 2 month deal. I need something that's going to
go all winter, and I really think in the winter when it seems like bowling seems to be the only
thing you can do inside as a family, that it makes sense to grab the kids and go down and do
something like this. So that was my idea behind it. And once again, a pole barn structure is a lot
less expensive to build than, because my other stall here actually is wood frame construction. It's
not pole barn. So this is less expensive addition. For me it's, if I were to add and do, meet all the
architectural standards of Chanhassen, downtown Chanhassen, I couldn't afford to do it. I mean
it just wouldn't be feasible, but I did, you know I took pictures of the other buildings that are
down on 212, if you want to see them. This would be by far the nicest structure down there, and
I think it would be a nice structure in a lot of towns. You know Chanhassen happens to be pretty
darn nice so. But I am on 212. It's a little different down there. It's not downtown Chanhassen.
Keefe: What if you were to put up the structure that you're proposing here and then in 2020 the
city says you know you've got to vacate or something changes? Then what does it do to you? I
mean is it still, I mean presumably there'd be a way to maybe continue it but what if the worst
came in 2020, is it something that you would still be a viable business for 14 years…
Planning Commission Meeting - October 3, 2006
16
Jeff Helstrom: It could be. It could stay there and you could put, I mean you could eliminate the
outside putting course and there's land up there and you could put some buildings up there. Most
of what I'm using is just the flood plain. I mean my building, I don't know if you can see this one
but, this line right here is the flood plain. Right here. And so this is the only upland. So
everything back here is all in the flood plain. It's undevelopable. So this building could have,
wouldn't really necessarily have to go away, in my opinion. But once again, you have 5 acres.
You probably want to come in and put condos in there, and sewer and water actually comes
down there, which we don't know for sure at this point, then maybe it would make sense at that
point to do something. And a pole structure is also something that could be moved. I mean I
could take a pole barn and move it to another property if I wanted to. Literally just sheathing and
poles and.
Keefe: You're in a little bit of a pickle just from the standpoint of if we were to grant an interim
use, it's interim use right?
Aanenson: Yes.
Keefe: And build that structure and then we go to sit down with the comp plan a year from now
and we guide it for something else in 2020. You know I mean you're a little bit at risk from that
standpoint but again you've got 14 years…
Jeff Helstrom: And like I said, that's a long time. I mean that's, I do a really good business for 8
to 10 weeks but this summer was not the greatest. The weather wasn't the best. I'm splitting all
my range business, I mean how many ranges in the cities have another range open up a mile
from them? I mean ranges are shutting down everywhere and I just so happen to have a range
open up a mile from me, you know. Anyway. So I lost a lot of business there and I've got to
look at ways to expand, you know expand and keep operating and this is the best idea that I
could come up with.
Larson: Yeah, I just want to confirm that to go to the structure standards that the city's asking
for, you wouldn't be able to do that, or you're not willing to do that.
Jeff Helstrom: No.
Larson: Okay.
Jeff Helstrom: Just to match like what we had in downtown Chanhassen.
Larson: No, I hear you. I understand what you're saying too, and I agree with you. But, okay.
That was all I had.
Undestad: Just going back to the question of, when you say moving. Relocating. Would you
look at the, if there was some way to put it in where, you know when the interim use permit is up
and you've got, you know it's guided for something different, would you look at that as an option
Planning Commission Meeting - October 3, 2006
17
to say alright. Let's put it in there. I'll take my pole barn and find another piece of ground farther
west or something and do it again…
Jeff Helstrom: That little house, I mean.
Undestad: But see we have to look at again as we change these as alright, 14 years from now
there may not be the greenhouse across the street and that hotel over there and so all that changes
around there, then all of a sudden you've got the only pole barn…
Jeff Helstrom: Well look at Hazeltine and look at the Par 30. I mean that's just a short little par
30 and they've got a big office building right next to them. Hazeltine golf course is right next to
that, and they're still.
Undestad: They also have a little, tiny.
Jeff Helstrom: Yeah, they've got about 1,500-2,000 square foot space to operate out of, but still I
mean they're still in there and there's other things going on around there. So that I think would
be very similar.
Undestad: What we're struggling with is trying to say, if we say no. You know we don't want to
say alright, you know we don't want you to do what you want to do but on the same hand, we
don't want to say yeah, do that and then come back and have to tell you well you know, it's not
working. Something else is guided in there and you might have to tear that down or move it. So
it gets back to the question, if you could work it out somehow with staff and through the city
there that you know you could bring your construction back to the pole barn, something that you
could afford something that comes up, comes down, that you can put into that…
Jeff Helstrom: That's the way to do it. The way I have it proposed with this kind of building,
absolutely. If that's what we do and I don't see anything going in down there before that's going
to better the architectural standards that I have here. I couldn't find one building down there that
had any stone on the front of it. I've got all the pictures with me here if you guys want to. I
think, and certainly you don't have anybody going out and landscaping and waterfalls and all that
stuff around there like we have.
Undestad: And again our concern isn't today. It's 2020 and we don't want to put you in a
position that in 2020 okay, now you've got this and you're going to spend more money, more
money and now across the street from you there's something else and something on the other
corner and then they're all looking at you and.
Jeff Helstrom: That seems to me that's a win/win situation. I mean if I'm forced to leave, that
land's worth a lot of money. I mean if I've got 6 acres of upland, if that's the deal I'm not going
to lose out on that.
Undestad: And that kind of goes back to your willingness or some, you know if you say alright,
2020 then I'll pack up and. Or you can come in and try to renew it or.
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18
Aanenson: Well to be clear, the interim use does drop dead at 2020. What we're missing here is
the legal opinion that says, or can we make it go away. That's why it's limited, and the shift here
that I hope you understood is that this you know was intended to be a seasonal operation. Now it
wants to go year round. So now we're really shifting, and I'm not saying that's good or bad. I'm
just saying we're shifting from the original premise and it has big implications because we're
moving away from the standards and do you believe that in 2020 it's going to go away. That's
the question I don't know. Maybe it won't. Maybe it's still there and wonderful in 2030.
Undestad: The question I have then…
Aanenson: But the legal ordinance right now says 2020 is the drop dead date and we need to get
an opinion on that before it goes to City Council.
Undestad: See that's the, you know the drop dead date is there. If we say yeah, go ahead and
build something else.
Aanenson: Because that's what the interim use says, yeah.
Jeff Helstrom: Well, at that point I could reapply for an additional interim use permit, or a
conditional use permit. And if sewer and water did come in. If I want to keep operating, I could
do that. Or I could sell too. I mean, I mean I'm going on record saying I'm not holding the city
responsible for making a decision for me to expand my business that's going to be detrimental to
me 15 years from now. That's a lot of time. 15 years. Once again I need to find the best way to
grow my business and this is it. Most cost effective. I think it's the best for the people around
here. You know a sense of families. We have 400 kids in our junior programs, but on a
Saturday afternoon in those stalls you might see 2 kids. It's just, I want to be able to pull all
those people in year round.
Undestad: Yeah, nobody's doubting that and you do have a great business down there, and
probably some of us use it all the time too but, again we can't say yes to something now and.
Jeff Helstrom: It's really important to me to keep my business going. I don't know if you
noticed but there used to be a few of these places around, but they're going out of business. I
mean golf in general is slipping. I mean the courses are slower than they used to be. The
sport's…not what it was 4-5 years ago. Gas is a lot more expensive and I get a lot of people that
drive from Wisconsin and Duluth and they come from everywhere to hit balls here before their
trip. And things, it's getting a little tougher and I've just got to look at ways to keep things going.
I don't want to be sitting here in 4 years…and have to shut the place down. Now we've got a
structure that's sitting there and doing nothing.
McDonald: Is that it?
Thomas: Yeah, actually I do have a question. While you were talking about moving forward in
14 years and we were talking about sewer and water coming in. I was curious if you gave any
thought to what you would do, if we do decide to bring sewer and water in there, you've got a
septic tank currently on this site. Do you have a plan for that at all? Have you thought about it?
Planning Commission Meeting - October 3, 2006
19
I mean if your business is growing and it stays there and 1414 comes, I mean in 14 years, you
know have you given any thought to if you allow, you know you take in city water and sewage
or would you keep the tank or any plans?
Jeff Helstrom: I don't know. My understanding of what happens when sewer and water comes
in, you get taxed enough, it's not financially feasible to keep doing what you're doing and you
end up selling your land. I mean that's what's going to happen to a lot of people, I mean when
sewer and water comes in it changes everything. But it's not just me. It's a lot of different
businesses and a lot of different homeowners and I don't know exactly how that works. In a lot
of the houses they don't, I don't know if they convert over to the city sewer and water or not.
Kate would know more about that, when that happens. What goes on.
Aanenson: Well I think you're right. Exactly right. That's what does change, the economics of
when sewer, if there's an assessment on the property and if, right now it's guided for large lot.
Again that's something we would consider but that would be an issue that would force, may force
the economic change that you got assessed. You know obviously you can defer some of
the…underlying land use. How will it be assessed? With office or something like that.
McDonald: Is that all?
Thomas: That was it.
McDonald: Kurt.
Papke: Just a quick one. When you initially put together your business plan for Golf Zone, was
your original business plan predicated on your current building or did you make an assumption
when you put together your business plan that you would expand your building?
Jeff Helstrom: I thought I would expand. I mean I thought it was going to be a possibility. I
mean you never know when you start out how things are going to go. And it's been a work in
progress. I mean we started with.
Papke: Plans change, but I'm just wondering what your initial assumptions were when you
created your business.
Jeff Helstrom: Doing business to make money.
Papke: Short plan then.
Jeff Helstrom: Yeah, I guess the business plan the bank asked for and I went from there.
Dillon: What like data do you have that says that you're going to fill all the new stalls and you
know put people in the indoor putting greens and all that stuff, because you kind of said a couple
inconsistent things. You know golf's big and popular and people want to do it. And then you
know there's people, that the industry's not what it was a few years ago so I'm just kind of
curious how you square all of these things and if you've got any like empirical data that you've
Planning Commission Meeting - October 3, 2006
20
done to show that you're going to get a lot more customers by doing this or is it just your
intuition?
Jeff Helstrom: Well that's why I set this up the way that I did is it didn't cost me much money to
add those additional stalls on the back side. You know where I showed you. Stalls along the
back and then you've got the putting inside, but it didn't cost me much more to add the stalls and
then the whole front piece is all new clientele. And I just, I know this area well enough to know
that there's so many families and kids around here that would love to be able to do something
like that in the winter and I'm just going off that. There's not, there really isn't much data that I
know of because there's, I mean there isn't one of these in Minnesota that's inside. So if there
wasn't the year round, I mean this was the first year round full length driving range in northern
tier ever built so I have no data to work off of that either. But people love being able to play golf
here in the winter. I mean we've got a lot of golf fanatics. But my comment about golf in
general decreasing some is true, but I don't think it's so tough that it's going to necessarily going
to put me out of business tomorrow. It's something I need to try to stay ahead of the game and
try to do some different things and my place has been essentially the same for the last 3 or 4
years and I just need a spark and something new and a way to get more people down there and
create more interest and once again to me this seems to be the best way to do it. And it's
something that doesn't cost a fortune because I can do you know a lot of the stuff inside myself
because I'm a landscaper by trade so I can put water features in and landscaping boulders and do
all the site work and those kind of things.
Larson: Are you going to be putting in turf inside or grass or?
Jeff Helstrom: Artificial.
Larson: Artificial?
Jeff Helstrom: Yeah. But there'll be like fake pine trees and boulders and fake moose and things
like that.
Larson: All the stuff you run into on a golf course in Minnesota.
Jeff Helstrom: Exactly.
McDonald: I guess I've got a couple questions for you. If we were to hold you to the
architectural standards that the City's looking at, do you know roughly what the difference in
price is between the steel building that you're proposing and to go to something that would meet
the standards?
Jeff Helstrom: Oh, it's a lot. I mean I'm, I couldn't tell you for sure but I think we're building the
pole barn structure for $18 to $20 a foot. And I'm building some office condos in Waconia right
now that are $140 for you know nice stone structure and wood frame construction. Slab on
grade. You know all of the city specs. I mean it's a huge difference. Huge. Especially when
you get into a building that size because a pole barn, pole barns are made to be, to cover a big
Planning Commission Meeting - October 3, 2006
21
span whereas you know wood frame construction and office type construction is a lot tougher to
do that. Big steel beams and that would be a lot more money. A lot more money.
McDonald: Okay. And then as far as the land's concerned, what's your relationship? Do you
own the land? Do you lease the land?
Jeff Helstrom: I own the land.
McDonald: You own the land?
Jeff Helstrom: Yes.
McDonald: So actually in 2020 if it becomes something else you're just going to, you would sell
off to someone else anyway or else you'll come back to the City and continue with this.
Jeff Helstrom: See if I get another interim use permit. Plus I guess I wouldn't think if there's no
sewer and water the city would have no reason to not grant me another interim use permit. If
there wasn't a higher and better use at that point in time. I'm right there. I mean it wouldn't
make any sense.
McDonald: The other question I've got for you, okay you started out with this, with the existing
building and that was going to go through til 2020. Now you're back before us. Things have
changed. Things always change. Looks like for you a little bit for the better. Are you looking at
coming back again because the other thing is are we going to get incremental zed into something
we're, you know you suddenly have got a very big and thriving business and you've managed to
kind of get around a lot of the rules that we've got in place for businesses.
Jeff Helstrom: I know I would come back. I mean I can't go any farther. I'm already right on
the edge of the flood plain there. I mean if I were to add onto my existing structure, and it
wouldn't make any sense to go this way because that's my parking lot. I don't know where I'd go,
so no is the answer.
McDonald: Okay. I have no further questions, unless someone else has some follow up or
something. We'll open up the floor to anyone from the public wishing to make comment. And
what I'd ask you to do is come up to the podium. State your name and address and then address
your comments up to the commission.
Jeff Helstrom: Thank you.
McDonald: Thank you. Okay, seeing no one come forward. I close the public meeting on this
one and I bring it back before the commissioners. Kevin.
Dillon: I don't know where to begin. This is a very complex, you know not that it's super
complex but the implications of what we decide would have you know implications for the
applicant as well as the city and so like on one hand I, you know certainly don't want to deny the
person a right to build and grow their business and I agree that you've got to think creativity and
Planning Commission Meeting - October 3, 2006
22
maybe this a good way to do it. But on the you know, we don't want to paint ourselves into a
corner either in terms of what, in terms of other plans and everything for this neck of the woods.
I think that there's going to be, it's visible and it's busy and as you know, kind of like as much as
going on on that road now, it's even going to get more so and I think we'll have to live with the
aesthetic direction that we provide on this one for a while so I, you know I'm, I like the idea of
you know taking it, the little house and making it a little more of a robust thing you know
assuming that we can kind of come to agreement on what the thing looks like but I am, you know
I don't know longer term if it'd be a better use or higher use for this thing. That we ought to
make sure we don't close the door on.
McDonald: Kurt.
Papke: Okay. I'm opposed to approving this request. First issue is, it doesn't meet 4 of the
staff's standards or findings for an IUP, as listed in the staff report. I'm very concerned that the
applicant mentioned that he's seen a 30% drop in business since Halla came in. I'm very
concerned that we're setting ourselves up for a constant you know, we approve this one. Halla
comes back. He wants an indoor putting range. Okay. We're setting a precedent here, as we all
know. Every time we approve a variance, we set the precedent and I'm very concerned that
there's, you know it's a zero sum game with the number of golfers in the area unfortunately and I,
so I'm just very concerned over the precedent issue that we're going to have Mr. Halla back here
in a year asking to put in more buildings. Third point, I'm very concerned over the aesthetics.
This is over 150 feet long. That's a big, big building on that little property compared to the little
one that's there now and I think it's a metal building of that size is just going to be a horrible eye
sore. And lastly, I think we're, approving this would hamstring us when it goes to finalizing the
comp plan. When it comes to what happens when this interim use permit runs out in 2020.
We're setting a precedent. We're making it tougher on the city to change this over to whatever
better use is decided at that point. Now it could very well be, this is a very good business. You
know I appreciate what the applicant has done at that site. It may very well be in 2020 that we
decide that a driving range and par 3 golf course is exactly what we want to do with that spot but
I'm opposed to painting ourselves into a corner by approving this at this point would not allow us
to move in the direction to which that property is currently guided.
McDonald: Okay.
Thomas: I'm quite…as well just because I see the good points on both sides. However I'm
siding unfortunately more towards the opposed side just because of the points that were just
made. I don't want to be painted into a corner with the city unfortunately and that's kind of
where I am right now.
McDonald: Okay. Mark.
Undestad: Well yeah, I mean I have to agree. The way I look at it, the options we can't really
get into the, unless there was a way that they could go back and if we tabled it somehow and they
went back to see if there was a way to incorporate the drop dead date out there. That the
equipment and the buildings, everything just had to go if that was the case. Besides from that, I
guess I'll have to agree.
Planning Commission Meeting - October 3, 2006
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McDonald: Debbie.
Larson: Okay. I'll be the odd man out. I'm actually for it, and the reason why is number one,
we've got til 2020. We've got 14 years. It seems silly to hold him to the standards of having to
put in a high quality structured building if he's going to have to take it down. Or if we're going
to consider having him take it down. I like the idea of having a place for families to go. I think
that's a great point. It's in an area right now where you know, close to Chaska and everything
and it's on part of the road that I imagine it's going to start taking steps to being developed, but I
don't think this is a bad use. I like the use and you know as I say, 14 years down the road, you
know he's got a piece of property if he so chooses will be able to either stick with it or do
something different but I like it. And granted yeah, the precedent that we're setting and if Mr.
Halla comes back to us wanting to do the same thing, the properties are not like properties. The
property down on 212 is on a major highway. And Halla's property is on Pioneer Trail. Very
different properties. And he can't state that it's the same type of property because they're
completely different. One is more like a state highway and the other isn't. And therefore I think
that they shouldn't be considered like though they're only a mile apart. Yes, they draw the same
amount of business but they're different types of property, in my opinion. So I think it's a great
idea and I would be willing to vote for it.
McDonald: Dan.
Keefe: Well this one's a tough one. I mean I think this is sort of entrepreneurship at it's best. I
mean from the perspective of what he's done to the property, I think he's done a terrific job with
his existing property. Great landscaping. I was just down there the other day. I think it looks
great. I'd like to see you grow your business. I actually think that this is almost more of a timing
question then anything from the perspective of if we may come back you know whenever we do
the comp plan, a year or 2 years from now, or next year I guess is when it is, that we'll come
back and decide that this is the best long term use. I think the direction that you're thinking of
taking it in terms of increasing it towards family usage I think is terrific. In some ways I'd really
just like to table this for 6 to 9 months just to see where we come out on the comp plan but I
don't know that that's a viable thing to do today. So I guess really where I come down on it is, I
really don't want you to go away. I want you to stick around. I want you to keep your business
going and, but I think to approve this at this point without knowing the you know what we're
going to do from a comp planning standpoint, what, you know we haven't even talked about
what's going to, if we put this building up, what would it do to the development of all the other
properties across 212 from it? Would they all go away because this is there now and, I mean
that's kind of a discussion we get into with the comp planning so, it's tough. It's really, this is a
really tough one from that perspective so I guess where I kind of some down on it is, I think it is
unfortunately a little bit premature, just because we don't, because we're right on, just right in
front of that comp planning thing. And so, that's kind of where I'm at.
McDonald: Well, I'll tell you what I find interesting is that you know for once when Debbie's,
looks like the minority, I really agree with her. The problem that I'm having with this that I've
been wrestling with and going back and forth is that number one, we've got a very viable
business. Business is good for Chanhassen. It is family oriented. I don't see how we're going to
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get anything else in there that we wouldn't want. I mean from that standpoint this is the kind of
business that we supposedly want to come into this city. What I wrestle with also is the Halla
issue. I know he's going to come back. I think Debbie's right. They are different. I mean we
went through a lot of things with that one. That's in a residential neighborhood. We fought long
and hard about hours of operation and tenant purposes and all of that stuff. Your down in the
middle of a wetland. No one got up today to oppose any of this. There was no one from the area
that's marching up here saying that oh no, this is going to be detrimental. It's going to kill my
property rights. It's going to do all kinds of bad things to me. Didn't happen. You know you're a
very good business within the city. I asked the question of what exactly, what kind of a neighbor
are you. City says you're a very good neighbor. That's good. You know you've shown a
willingness to work with us. I still have a problem about the building being metal because I do
worry about setting a precedent for that. We've gone long and hard about architectural standards
and tried to really enforce those. I guess the thing I look at is that I understand that if we enforce
it here, we're killing a business. That's not to say that it's, at some point you know that's why I
wondered if you're going to be coming back to us. I just can't see this forever staying that way.
When we get to the comp plan and start looking at things from that perspective, I will want
something to be upgraded in that area, but I don't know. A lot of communities use these metal
buildings for certain purposes. I don't see why we couldn't look at something such as that, and I
just look at the good and bad and the way I weigh it, there's a little bit more good than there is
bad so I would be in favor of granting this. Having said all that, we have 3 proposals before us.
Do we want to just take a vote on each one or do we want to see which one comes up from the
commissioners as far as. I don't think there is either. I'll accept a motion from the floor and
we'll go with that.
Papke: Mr. Chair, I make a motion that the Planning Commission recommends denial of the site
plan and amendment to Interim Use Permit #98-2 for the construction of an 11,100 square foot
addition to the principal structure requiring a 10,300 square foot building area variance from the
800 square foot building area restriction for the golf driving range principal structure and a
second variance for the use of steel paneling as the primary exterior material on property located
in the A2 District at 825 Flying Cloud Drive, as shown on the plans prepared by Structural
Buildings, Inc. dated September 11, 2006 and as shown on the plans prepared by Anderson
Engineering of Minnesota, LLC dated September 11, 2006 based on the findings in the staff
report and conditions 1 and 2 as stated in the staff report.
McDonald: Do I have a second?
Undestad: Second.
Papke moved, Undestad seconded that the Planning Commission recommends denial of the
site plan and amendment to Interim Use Permit #98-2 for the construction of an 11,100
square foot addition to the principal structure requiring a 10,300 square foot building area
variance from the 800 square foot building area restriction for the golf driving range
principal structure and a second variance for the use of steel paneling as the primary
exterior material on property located in the Agricultural Estate District (A2) at 825 Flying
Cloud Drive, as shown on the plans prepared by Structural Buildings, Inc. dated
September 11, 2006 and as shown on the plans prepared by Anderson Engineering of
Planning Commission Meeting - October 3, 2006
25
Minnesota, LLC dated September 11, 2006 based on the findings in the staff report and the
following conditions:
1. The applicant already has a reasonable use of the property through Interim Use Permit
#98-2 which permitted the operation of a golf driving range in the Agricultural Estate
(A2) District.
2. The applicant has not demonstrated a hardship.
All voted in favor, except Larson, McDonald and Keefe who opposed. The motion carried
with a vote of 4 to 3.
McDonald: The motion passes. The applicant's application is denied. At this point your choices
are, you can talk with staff about appealing this up to the City Council at which point it will be
re-addressed at that point and a final decision will be made.
Aanenson: Mr. Chair, it does automatically go to City Council on October 23rd.
McDonald: I just wanted to make sure he talked to you because I know before we had a problem
with people not coming up and it didn't get on as far as dates so I want to make sure, if you do
want this to go forward, you must tell them.
PUBLIC HEARING:
REQUEST FOR A WETLAND ALTERATION PERMIT FOR THE CONSTRUCTION
OF AN ACCESS TO THE WESTERN PORTION OF THE APPLICANT'S PROPERTY
LOCATED EAST OF POWERS BOULEVARD, WEST OF HIGHWAY 101 AND
NORTH OF WEST 96TH STREET, APPLICANT TIM ERHART, PLANNING CASE 06-
32.
Public Present:
Name Address
Kevin Bogenreif 631 96th Street West
Jim Byrne 700 West 96th Street
Andrew Riegert 620 West 96th Street
Roger Lee 600 West 96th Street
Karen Hasse 630 West 96th Street
Gary Bendzick 731 West 96th Street
Tim Erhart 9611 Meadowlark Lane
Lori Haak presented the staff report on this item.
McDonald: Dan, you want to start?
Planning Commission Meeting - October 3, 2006
26
Keefe: No, I don’t have a lot of questions. Just a quick one here which is, you're always
referring to…referred to it as the applicant being a landowner. What role does the City play in
this? I mean other than, is he installing the lift station?
Haak: No. It would be a city project and Alyson, would you like to talk about that a little bit
more?
Fauske: Commissioner Keefe, Planning Commissioners. This site has been identified as a, this
vicinity I should say has been identified for a future lift station through our comprehensive sewer
plan, which was adopted back in 1998. So we've always known that within this vicinity we'd
need a lift station. With the Powers extension and looking at development through the area,
we're better able to pin down where an appropriate site would be for the lift station. It's
development driven. It won't be constructed until we know we have development in the area, at
which point we've identified this is an appropriate area for construction.
Keefe: So what we're doing now is we're, we alter the wetland now in anticipation that this is
where the lift station would go or how does that…?
Haak: The wetland alteration is actually being driven by the property owner himself. It really
has nothing to do with the lift station at this time, except that we know that this is an appropriate
location for it. The applicant wants to put in the road and he can tell you that himself I guess.
But the material is available now. The application needs to come from the land owner. He has
an interest in what the property looks like you know in 2 years. The City may not be there for a
number of years down the road.
Fauske: And also just to speak to the location of it. I mean when you look at it, it's aligned with
an access on the east side. So we look at aligning accesses but it's not driven by the lift station,
and the lift station does not generate a large amount of traffic. It's service vehicles a few times a
week, which can be accomplished via curb cut. Certainly if there's an opportunity to access off
of a public street, we'll certainly do that. Like Lori said, this is the wetland impact is being
pushed from the future developable property there. Not the lift station.
Aanenson: Can I just clarify one thing? There is a portion of upland, I think that's what Lori
touched on a little bit. On the area that is buildable and that's this area here. Right here. This is
the parcel that the applicant is trying to get access to. This part right here. If you can see that.
There's no trees on this part right here.
Keefe: So why now?
Aanenson: Because the dirt's available. With the 212, so the timing is…
Keefe: Okay. Okay, so the timing…
Aanenson: …so this property is not in the MUSA area currently, and that was the concern we
had about putting the road through. There's no plan to put the road through at this time. It's just
providing access to get access to this parcel. It's not intended to extend across any application
Planning Commission Meeting - October 3, 2006
27
for anything on any of this property would have to come back before you. For public hearing.
At this time is to provide access to this property only. It's about 3 1/2 acres on that side. The
tree line is through here.
Haak: And the applicant can talk a little bit about this a little bit more too but he is actively
managing the property so access just to the property itself is important to him. In my
conversations with him. So it's not you know, in addition to the materials being there, you know
he's a property owner. He goes out and he knows this property better than anybody I'm pretty
sure so, you know he is actively managing it. Again, it is an outlot currently so it would need to
be replatted in order for anything else to go on with that.
Larson: I've got one quick question. If the spike rush plant is of the endangered species, then
what?
Haak: Well it's not, again it's not an endangered species, and then I would have to get a little bit
more direction as to you know, what exactly does it mean to have a plant in this area.
Larson: Put it somewhere else?
Haak: No, I'm not exactly sure and we'd need to figure that out. I just wanted to make sure that
we were covered so that we wouldn't, weren't inadvertently doing something.
Larson: Pulling weeds…
Haak: Yeah, or flooding them, yeah.
Larson: Because we don't have enough weeds already.
McDonald: Kathleen?
Thomas: No, I'm good. Thank you.
McDonald: Kurt.
Papke: Bluff Creek primary, secondary, etc. Where, does that have any impact here at all?
Haak: Not at all. That's across Powers Boulevard from this location.
Papke: Okay.
Aanenson: I'm just going to point out one more planning thing. There is a road that's been cut
off that Mr. Erhart was using, a driveway. Yeah, so that's been cut off. That's another reason to
get access to the tree farm in the back in there too besides just this parcel. So that was also
separate…
Planning Commission Meeting - October 3, 2006
28
Papke: Tree impact. There's a couple oaks called out on the drawing here. Are there any
substantial trees that will be cut down as a result of this?
Haak: No. I believe they've got 5 of them that are shown here to be protected, and those were
the only significant ones that I noted in this general vicinity when we were out on site.
Papke: Okay.
McDonald: Kevin.
Dillon: No. Just one question is, when you deal with wetlands, is it just totally up to the
municipality like in this case Chanhassen to make the call on, do you have to get other you know
counties or governments or states involved?
Haak: Yes. Actually the city has a wetland ordinance that regulates wetland impacts. It's
actually a little more stringent than the Wetland Conservation Act, which is the State law, and as
a part of the State process we do send this out. It went to the Riley-Purgatory-Bluff Creek
Watershed District, the Carver Soil and Water District. Goes to the Army Corps of Engineers. It
goes to several other reviewing agencies, including DNR and Pollution Control Agency as well,
so they've all had opportunities each to review that, and that is, it's a little bit, they're reviewing it
against a little bit different standards than the city is. But we didn't receive any additional
comments from other folks. Other jurisdictions so, but the city is the local government unit so
we do make the final decision about these matters.
Dillon: So if there was something really unsound about the idea, would they usually say
something?
Haak: Yes. Yes.
Keefe: Jerry, one more. The wetland alteration, Section 20-407. Wetland alteration on page 2
says, subsection (5) says replace unavoidable impacts to the wetland by restoring. What is an
unavoidable impact to this particular wetland?
Haak: Sure, and that is what we were talking a little bit with separation. Typically roads are the
easiest to make cases for unavoidable impact. Again, safety is a real big concern and spacing of
the roads here. In addition, this is a wetland adjacent to Bluff Creek and with the steep slopes
here, unavoidable just means there's no other place that you can really put it. Due to steep slopes
and wetlands alone, the only place you could really put it would be closer to the 212 ramp and
that would have considerable safety concerns. And there was a lot of discussion that went on
with this during the design phase of this project. Of, I'm sorry, not of this project. Of the 212
project.
Keefe: Yeah, the thing, it says unavoidable impact to put in a road to service the lift station,
right? Or the unavoidable impact to serve his purpose to put a road in because he wants to get
access to the western portion of his property?
Planning Commission Meeting - October 3, 2006
29
Haak: That's right, correct.
Aanenson: Correct. Correct. But we just want to be clear that doesn't guarantee that there's
going to be an extension of that road. It's an access to his property today.
Keefe: And that's a reasonable purpose for, to rule unavoidable?
Haak: Yes.
Keefe: To meet the unavoidable threshold.
Haak: Yeah.
Keefe: Okay.
McDonald: I have no questions of staff. At this point I guess I would ask the applicant to come
forward and make a presentation before us. If you could state your name and address.
Tim Erhart: Yeah, Tim Erhart, 9611 Meadowlark Lane, Chanhassen. So yeah, I farm the
property, as Lori stated. My wife and I have owned it since 1980. We probably do know every
tree, many of which I planted. Actually I think, I think Lori's done a very thorough job of the
thing. The only condition that I had a question about and that is number 10 and that relates to, or
even what it means. One thing I guess I'd like to clear up a little bit is that, you several terms
appear in the report. Roads and street. I consider the application is for a field road, just to be
clear. There is no gravel. There is no asphalt. There's no curb. This is just filled and planted
with grass, so there's, so it's, I'm not sure street is probably the best description of what we're
doing here. The builder of the highway has the material to fill the pond today and there's a
substantial amount of fill involved so the idea was let's get it done now. At first I thought I could
get in there now because I have a tree growing range in there and I'd like to be able to get those
trees out and I enjoy going in and kind of maintaining trees and stuff, anyway. So when it gets
down to number 10 here, could you explain maybe a little bit what exactly does that mean?
Does that mean that I can't make roads or are we trying to say that this is a street today and the
street can never go further east? I'm not clear what that is.
Aanenson: Well I think at this point we're not, if it's a field road, I think we can all agree that's a
field road. Any decision for a public street would have to come in with an application at a future
date with the public hearing. Right now with the wetlands, we just wanted to be clear that this
doesn't give, I think we had the discussion about incrementalism earlier today.
McDonald: Right, it doesn't set a precedent that just because we've approved this, we've also
approved any future road extension.
Aanenson: So I think if we agree, I think using the field road, maybe a driveway access and field
road would kind of take that away. We can work on some different.
Planning Commission Meeting - October 3, 2006
30
Tim Erhart: Yeah, because you know we've talked obviously about long range, whether, when
we come in and put a real street there someday in association with a development of our part of
the parcel, whether there's a street access there or not.
Aanenson: Correct. That's a future decision. I guess that's…
Tim Erhart: Yes. In my mind that's a future decision than this application…
Aanenson: But we just want to put on the record that putting this driveway, this road access here
doesn't give standing that there's going to be a street extended in the future. That's still a future
decision.
Tim Erhart: …preclude that it can't either because that's…
Aanenson: Well just to be clear, it's our recommendation that it wouldn’t go through but I
understand your position that it would go through but it would be a future decision with an
application, correct.
Tim Erhart: …future decision. Any questions?
McDonald: Does anyone have any questions for the applicant?
Larson: Yeah, what are you going to do about that weed?
Tim Erhart: You saw this report before I did because I just got back from a 10 day business
trip…that this weed is there. We'll have to deal with that. Anything else?
McDonald: Anyone else have any questions? Okay, no further questions from the
commissioners. At this point I would open it up to the public. Anyone wishing to make
comment, I would ask you to come up to the podium. State your name and address and address
the commissioners. Okay, seeing no one come forward, close the public meeting and bring it
back before the commissioners for discussion and deliberation. Start with Kevin.
Dillon: You know seeing that the experts and the environmentalist issues surrounding this are
okay with it, I mean it seems like the request is otherwise reasonable to me and if there's no
negative ecological problems or anything like that, then I don't have any problems supporting
this.
McDonald: Okay.
Papke: I think this is a reasonable request. I have neighbors that have purchased trees from Mr.
Erhart back on that property so I think access to that to continue to use that as a tree farm I think
is very reasonable. And I think staff has done a good job in spelling things out here such that
we're not setting precedence. We're not setting expectations for the future so I think this is very
carefully done.
Planning Commission Meeting - October 3, 2006
31
McDonald: Okay. Kathleen.
Thomas: I agree.
McDonald: Mark?
Undestad: Yep, no problems.
McDonald: Debbie.
Larson: Sounds good.
McDonald: Commissioner Keefe? Okay. Okay I'll accept a motion from the commissioners.
Keefe: Sure, I'll make a motion the Planning Commission recommends approval of Wetland
Alteration Permit #06-32 for the construction of an access road and storm water pond subject to
conditions 1 through 17 and amending number 10 to say east-west road will be a field road that
will extend from Powers Boulevard shall only serve the future development area identified on
the plan and the future lift station.
McDonald: Okay, do you want to say that again?
Keefe: The east-west road will be a field road, and the rest the same.
McDonald: Okay. Do I have a second?
Thomas: Second.
Keefe moved, Thomas seconded that the Planning Commission recommends approval of
Wetland Alteration Permit #06-32 for the construction of an access road and stormwater
pond subject to the following conditions:
1. Because the species of spike rush was not identified during the delineation, the dominant spike
rush within Wetland B shall be keyed out to ensure that the increased period of inundation will
not adversely affect a state-threatened plant species or a significant natural community.
2. 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.
3. 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.
Planning Commission Meeting - October 3, 2006
32
4. 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.
5. 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.
6. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around all wetlands. Wetland buffer areas shall be preserved, surveyed and staked
in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge
signs, under the direction of City staff, before construction begins and shall pay the City $20 per
sign.
7. A berm is proposed within the existing right-of-way (ROW) for Powers Boulevard. The
applicant shall receive approval from Carver County for the proposed normal water level
(NWL) in Pond 1 and for the proposed berm.
8. At this time, no development is approved for the “Future Development Area.” Any future
development and/or requested changes to the land use for this property shall undergo the City’s
development and land use review process(es).
9. Stormwater calculations were not submitted for Pond 1. When the future development area is
developed, the pond shall meet all stormwater requirements in place at that time.
10. The east-west road will be a field road that will extend from Powers Boulevard shall only serve
the future development area identified on the plan and the future lift station. This road shall not
extend further east.
11. Future utility installation shall be a lighter line weight than the proposed storm sewer installation
that will be done in conjunction with the wetland alteration.
12. The silt fence along Powers Boulevard shall be installed east of the trail at the construction
limits. The rock construction entrance shall be at least 75 feet in length. The plans shall be
revised to show the City’s standard details 3107, 3108, 5300, 5301 and 5302A.
13. The temporary riser structure shall remain in place until the pond and adjacent areas are
stable.
14. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
Planning Commission Meeting - October 3, 2006
33
according to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
15. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as-needed.
16. A building permit shall be obtained for all retaining walls greater than four (4) feet in height.
17. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota
Department of Natural Resources (for dewatering), Carver County) and comply with their
conditions of approval.”
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
APPROVAL OF MINUTES: Commissioner Keefe noted the verbatim and summary
minutes of the Planning Commission meeting dated September 5, 2006 as presented.
Chairman McDonald adjourned the Planning Commission meeting at 8:45 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
CHANHASSEN PARK AND
RECREATION COMMISSION
REGULAR MEETING
SUMMARY MINUTES
SEPTEMBER 26, 2006
Chairman Stolar called the meeting to order at 7:30 p.m..
MEMBERS PRESENT: Glenn Stolar, Jack Spizale, Jeff Daniel, Anne Murphy, Steve
Scharfenberg, and Tom Kelly
MEMBERS ABSENT: Paula Atkins
STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation
Superintendent; Susan Bill, Senior Center Coordinator; Nate Rosa, Recreation
Supervisor; Tom Knowles, Recreation Center Manager; and Dale Gregory, Park
Superintendent
APPROVAL OF AGENDA: Spizale moved, Murphy seconded to approve the
agenda, amended by Chairman Stolar who asked to discuss the joint City Council
and Park and Recreation Commission meeting, provide an update from the City
Council meeting he attended on September 25th and to allow Susan Bill to provide
the Senior Center update at the beginning of the meeting. All voted in favor and the
motion carried unanimously with a vote of 6 to 0.
SENIOR CENTER REPORT. Susan Bill presented the quarterly report highlighting
the events and programs in the senior center.
PUBLIC ANNOUNCEMENTS: None.
VISITOR PRESENTATIONS: None.
APPROVAL OF MINUTES: Murphy moved, Daniel seconded to approve the
verbatim and summary minutes of the Park and Recreation Commission meeting
dated August 22, 2006 as presented. All voted in favor and the motion carried
unanimously with a vote of 6 to 0.
2006 LAKE ANN CONCESSION/BOAT RENTAL EVALUATION. Jerry
Ruegemer presented the report on the 2006 Lake Ann concession and boat rental season.
Commissioner Spizale asked about kayak rentals. Commissioner Daniel suggested
selling bagged ice.
RECOMMENDATION CONCERNING FIVE YEAR PARK AND TRAIL
ACQUISITION AND DEVELOPMENT CIP. Todd Hoffman presented background
information and reviewed staff's recommendations for the 2007 through 2011 CIP.
Park and Rec Commission Summary - September 26, 2006
2
Daniel moved, Scharfenberg seconded that the Park and Recreation Commission
recommend approval of the Park and Trail Capital Improvement plan for the years
2007 through 2011 as presented. All voted in favor and the motion carried
unanimously with a vote of 6 to 0.
RECOMMENDATION CONCERNING 2006-2007 ICE SKATING RINK
LOCATIONS. Jerry Ruegemer presented the staff report on this item. The commission
discussion the need for locating an ice rink in southern Chanhassen.
Murphy moved, Daniel seconded that the Park and Recreation Commission
recommend to the City Council to approve the following ice skating rink locations
for the 2006/07 season:
Chanhassen Rec Center-Warming House North Lotus Park-Warming House
1 - Family Rink 1 - Family Rink
1 - Family Rink 1 - Hockey Rink
1 - Hockey Rink
City Center Park - Warming House Roundhouse Park-Warming House
1 - Family Rink 1 - Family Rink
1 - Hockey Rink
Chanhassen Hills Park
1 - Family Rink
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
RECREATION PROGRAM REPORTS:
2006 DAVE HUFFMAN 5K RACE. Jerry Ruegemer reported on the seventh annual
Dave Huffman 5K Race held September 9th.
2006 HALLOWEEN PARTY PREVIEW. Nate Rosa presented the report on the 2006
Halloween Party which will be held Saturday, October 28th and passed around a sign up
sheet for volunteers.
RECREATION CENTER REPORT. Tom Knowles presented the quarterly report on
the Chanhassen Recreation Center.
PARK & TRAIL MAINTENANCE REPORT. Dale Gregory presented the quarterly
report on park and trail maintenance.
ADMINISTRATIVE REPORT: 2006 PARK AND TRAIL CIP. Todd Hoffman
presented the report on the 2006 park and trail projects.
Park and Rec Commission Summary - September 26, 2006
3
COMMISSION MEMBER PRESENTATIONS: Commissioner Scharfenberg
summarized what was discussed at the joint Park and Recreation Commission and City
Council meeting held on September 18th where park dedication fees, partnering
opportunities with District 112, and the desire for a competitive swimming pool and town
baseball in Chanhassen. Chairman Stolar discussed the City Council meeting held on
September 25th where the Eagle Scout project for Carver Beach was presented.
Scharfenberg moved, Murphy seconded to adjourn the Park and Recreation
Commission meeting. All voted in favor and the motion carried unanimously.
Submitted by Todd Hoffman
Park and Rec Director
Prepared by Nann Opheim
CHANHASSEN PARK AND
RECREATION COMMISSION
REGULAR MEETING
SEPTEMBER 26, 2006
Chairman Stolar called the meeting to order at 7:30 p.m..
MEMBERS PRESENT: Glenn Stolar, Jack Spizale, Jeff Daniel, Anne Murphy, Steve
Scharfenberg, and Tom Kelly
MEMBERS ABSENT: Paula Atkins
STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation
Superintendent; Susan Bill, Senior Center Coordinator; Nate Rosa, Recreation
Supervisor; Tom Knowles, Recreation Center Manager; and Dale Gregory, Park
Superintendent
APPROVAL OF AGENDA: Spizale moved, Murphy seconded to approve the
agenda, amended by Chairman Stolar who asked to discuss the joint City Council
and Park and Recreation Commission meeting, provide a update from the City
Council meeting he attended on September 25th and to allow Susan Bill to provide
the Senior Center update at the beginning of the meeting. All voted in favor and the
motion carried unanimously with a vote of 6 to 0.
SENIOR CENTER REPORT.
Bill: I apologize for…but I do appreciate it. Well good evening and thank you. I just
want to report, as always the activities and programs over the past 3 months at the senior
center have been great. The highlight of the past 3 months was our second annual tea
luncheon where we had 65 women with a fashion show, and the unique thing about this
that I wanted to highlight it was I partnered with C & J Coffee folks and Maggie Moo's
and Inside Out so they sponsored, they paid for the entertainment. But then I also got
the…and they brought some gifts and did door prizes and so it was really, really a nice
situation where it gave them more exposure and I'm always looking to promote
businesses so that was a really, really well attended event and everyone had a great time.
Also I'm all about community and partnership. Lakewinds Foods, I've had them give a
presentation on a few occasions and in August we went over and had a store tour. And
I'm working with them, I noticed that they offered a number of programs in Minnetonka
where they teach classes, and so I'm trying to get some of their instructors maybe to do a
few classes here at the senior center on health foods and some of the things they're trying
to promote. Our day trips this summer have been wonderful. We offer one day trip per
month and every one of them was full…and it's kind of hard because we struggle, we did
a Centennial Showboat trip and the cost was $63.00. We were really worried and all our
day trips we partner with Chaska. We…coach bus with 37 passengers and we really try
to be sensitive to the cost so we try to offer some, ones more reasonable and then some at
a little higher expense. And the Showboat at $63.00, we had a waiting list of 22 people.
Park and Rec Commission - September 26, 2006
2
So you just never know so, but the programs have been going wonderful. Wood carving
group, they still continue to carve. Now they're up to carving 2 days a week. They're
coming on Friday mornings. Over the summer it was really nice to see a number of the
wood carvers brought grandchildren or some neighbor. Young boys in and they were
teaching carving, kind of more on an informal basis so at least we can think every now
and then we'll do like an intergenerational wood carving day. I do get requests from
schools to bring groups in to watch and observe wood carving. We've done that on a few
occasions but it's not a real conducive room to do that but when the opportunity presents
itself, Chan Elementary has come over, so a couple times a year we do have groups that
come in for that. Defensive Driving classes continue to be wonderful. We offer twelve 4
hour classes per year. Six 8 hour classes per year and then 4 hour refresher classes
usually have 20 to 25 people, and they're traditionally…because they're younger for 55.
But traditionally people who don't see all the number of our other programs but it's
always an opportunity for me to introduce the programs and a variety of activities. And
what the underlying consent is, when they walk away, they can't believe what a beautiful
space we have and what a great location so I think that's a compliment to this city for
providing us such a nice environment. And lastly we are working with the Friends of the
Library for the Barkas Parade. They invited us to have a bake sale and we do make
greeting cards and gift bags so we sold our greeting cards and gift bags as well as
participated in the Barkas Parade, and we will now also do the library, the…end of
October. The October 27th and 28th, and do our greeting cards and gift bags. So it's a
nice way to partner with them and we've been really appreciative to have us be visible.
That's…
Stolar: Any questions?
Spizale: Yeah, one question. What's the beginning age for seniors?
Bill: 55.
Spizale: 55. And the oldest senior there is?
Bill: 92.
Spizale: Okay. So they can start at 55?
Bill: You can start. Not a lot of people… I asked, looking to start a new program in
2007 through Augsburg College and I went to an organization in town and asked for
some money to help sponsor the program to offset the cost and the woman, the president
of this organization asked me that same question and I said well, 55 because we use the
AARP guidelines, and she said oh, I'm 54. I classify myself in that category. But that's
the whole point is to offer, what I'm trying to do is offer a more of the variety of
programming to engage some things that would be more attractive to younger, older
adults. Not just the bingo and cards so.
Stolar: Great. Other questions. Alright, thank you Susan.
Park and Rec Commission - September 26, 2006
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Bill: I appreciate it.
Stolar: Okay, back to the regular agenda.
PUBLIC ANNOUNCEMENTS: None.
VISITOR PRESENTATIONS: None.
APPROVAL OF MINUTES: Murphy moved, Daniel seconded to approve the
verbatim and summary minutes of the Park and Recreation Commission meeting
dated August 22, 2006 as presented. All voted in favor and the motion carried
unanimously with a vote of 6 to 0.
2006 LAKE ANN CONCESSION/BOAT RENTAL EVALUATION.
Ruegemer: Thank you Chair Stolar and good evening Park and Rec Commission. Let
me go through the 2006 Lake Ann Park concession and boat rental operation for the
summer. We were very fortunate to have a nice, warm season again. Started off with a
great Memorial weekend. Our number one Memorial weekend as far as sales ever. We
really, really started off really with a jump start and tailed off at the end as we normally
do in August. Had a good kind of tail end of June. First part of July. Mid July was
good. We didn't have a whole lot of rain days, which was helpful. We did replace one of
the aging paddle boats this year with a brand new 4 person, 4 by 4 paddle boat cycle so
that was really popular. We have 2 of those bigger ones now and the rest of Aqua cycles.
We have it in 2007, in the budget again for another 4 by 4 to get rid of the last remaining
paddle boat from the original purchase in 1992 or 3 with that so. Knock on wood, we've
had pretty good luck this year with having all the paddle boats in operation at one time
without bent rudders and broken pedals and that sort of things we have in the past so,
thanks again to Dale and his crew for keeping those up and going. So we've tried a few
different things this year with different ice cream flavors, which were popular. We still
kind of held on to our old staples with the meal deals. Those are popular with people
getting hot dogs, chips and soda for a reasonable price for that. We tried something
different this year as far as having the hours of operation stay open an hour later during
the season. Longer than they had in the past. That was okay in July but really in August
it really kind of tail off and we were paying staff there and kind of once we started, they
kind of had to keep that way to the end but we did monitor that throughout the course of
the season so that's certainly something that we want to look at for next year and
probably not do that in August at minimum. But we, we're always looking for ways to
kind of streamline the operation. Simplify, you know kind of keep it little quick point
sale. Get things that people like down there. Hot dogs are very, very popular down
there. We couldn't keep up. The Miracles for Mitch Triathlon we were going gang
busters on hot dogs so, those are always very popular. And we always keep an eye on,
you know if we need new equipment, life jackets, that sort of thing. We did get brand
new counter tops there the tail end of the summer. They were in pretty tough shape with
the counter tops. The condition that they were in, so we did find some money in the
Park and Rec Commission - September 26, 2006
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budget to purchase that, and…for next year with that. Replaced a metal door down there.
The bathrooms down there. That was rusted out and in pretty tough shape so we did that,
so we're kind of trying to make some small improvements each year if we can. And
improve that down there so, had a great staff again down there. We added a staff
member this year. We've always got 3, or 3 for quite a while and we added a fourth
person to help out with some at weekend time and some other, we've had some other
workers down there that have had some different jobs and that sort of thing so we
covered all the hours down there. Had a good rotation of kids. Everybody was post high
school and college aged kids. Senior and college aged kids so it looks like they're willing
to come back again next year so that's great for me, so we don't have to re-train
everybody again so that really was a nice summer. Didn't have any problems with any
staff this year. They really worked well. Got along great together. Really worked hard
together so it was a good summer.
Stolar: Okay. Are there any questions or did you want to go through the?
Ruegemer: I don't think I need to go through everything but just for the commission's
reference, we did include the '05 and '06 totals in all categories from rentals to
expenditures. We're pretty even all the way down if that's consistent with our
expenditures and revenues and staff wages, that sort of thing here too so, if you have any
questions we can go through that.
Spizale: I've got one question. Is there a reason you don't have kayaks to rent?
Ruegemer: Yes and no. We've had some requests in the past for that and you know, my
thought behind that was you know, if we get a kayak it'd have to really an open face one
and not one that you have to really get in there. I think if you get the right one it would
probably work with that. In looking at kind of the overall, we can rent, I mean it might
be fun but it seems like I mean we get the rentals out of the paddle boats. To go that
route it wouldn't be that expensive probably to purchase a kayak but it's kind of a
specialized type of thing.
Stolar: Other questions? No? I have a couple of quick clarifications. You did replace
the counter top you said towards the end of the season? And then this other point about
the cooler. Is that in the budget for '07? The new soda cooler.
Ruegemer: Oh those are just, the soda coolers are just loaners from Coke so we had their
division come out and take a look at those and you know throughout the course of the
past couple years they've replaced compressors and lights and all this sorts of stuff so,
those are loaners so…we had service out there a couple times during the summer and
they obviously get it worked out so, so we didn't pay anything for those.
Stolar: Okay. One other question. I think ice, is there a thought to maybe look at
offering to sell ice there? For people who.
Ruegemer: There really isn't a water source.
Park and Rec Commission - September 26, 2006
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Stolar: No, the bagged ice like you know.
Ruegemer: Oh, bagged ice?
Stolar: Yeah.
Ruegemer: I don't know that we have the capacity, freezer capacity to house that.
Hoffman: But if you put one. We'd just have to contract one.
Stolar: You consign them basically. You have the company come out there and they
would own it and we'd just get a fraction of the cost. I think that's how some of the gas
stations do it so they just do it on consignment.
Ruegemer: I guess I haven't looked into that. I can.
Stolar: Because when I was out there, we rented the shelter, my company did and people
were, oh where's the ice? Well it'd be something to think about, but it was very, the staff
comment I think is very important because when we have my company out there, the
staff was awesome. They're fantastic. We did the boat rentals and they were really
helpful and really nice so my compliments to them. Tom?
Kelly: No, nothing.
Stolar: Steve? Thanks.
Hoffman: We cut our loses in half.
Stolar: Always something to shoot for.
Hoffman: We'll be in the black.
Stolar: People have a good time when they're out there so that's worth it, right?
Hoffman: That's right. It's a great service.
Stolar: Alright, old business.
RECOMMENDATION CONCERNING FIVE YEAR PARK AND TRAIL
ACQUISITION AND DEVELOPMENT CIP.
Hoffman: Thank you Chair Stolar and good evening commission members. This is a
continuation of a conversation we started last meeting, and just want to provide a brief
overview of park, actually what it's called is the park and trail acquisition and
development capital improvement program (CIP) on an annual basis. And so we have an
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annual CIP and then we have a 5 year CIP. The funding source for all of our capital
improvements, or primarily all of them. There are a few that are funded out of the
general fund budget, is park dedication fees. These fees are collected at the time of
development within our community for both residential, commercial and industrial. The
2005 MUSA area has brought on line a good many units, housing units in our community
and has generated a good amount of cash into this fund in the past 18 months or so.
There's been a switch in how we collect these dollars. If you want to call it the olden
days, in the olden days we collected it all at the time of building permit, so the developer
didn't pay anything. When a person brought their building permit in, if that was an
individual or a company, we assigned a dollar amount there and then we collected it at
the time of the building permit and then it was allocated and put in an appropriate fund.
And then the commission had a conversation with the council. They say you know that
really doesn't give us any money up front to do park development. You know we've got
this land. We just acquired from this neighborhood. There's not very many houses being
built. We want to go out there and build a park so we can provide this neighborhood with
a park. We don't have any cash in the fund. So the developer's really lobbied against
charging anything at the time of plat because they wanted to push these costs on down the
line, so the recommendation was to collect a one-third at the time of platting, and then
two-thirds at the time of building permit. Well this became an accounting and
bookkeeping challenge over the years as fees would increase and then you would have to
go back and take a look at who was paying what, when. And so for the past half a dozen
years or so, we simply went to the fact that these are all paid at the time of plat so when
all of these developments down in the 2005 MUSA came in and said we're going to build
455 units, we said 455 units times the park dedication fee and we assign that fee at the
time of plat and then they pay it. So that's a much more efficient way of collecting these
fees. It puts a good amount of money into the bank, but then you also have to allocate
that over a period of time to accomplish the improvements that are going to be completed
in that area. So the fund is doing well. It's up over $2 million. I think you all received
the email that I sent out and we have a variety of improvements that are coming on line
that we'll have to allocate those dollars for. So we're attempting to budget those on an
annual basis and what we've, working towards is the completion of a variety, primarily
trail projects, and I'll go over them on the map. Over the next 5 years. And these are all
incorporated into the development contracts with these individual property developers.
When they come into the city, you work up a development contract with then. It says
developer you shall do this. You shall complete streets. Public improvements. And then
it also says the City, you shall you know do this. And on our side we are making a
commitment to these applicants that we will complete, or we will pay for these trail
improvements that are going in as a part of their developments, and so we have some
costs that we have booked or incurred into the future that we have to budget and allocate
for. And that is changing the way our 5 year CIP looks. There have been some things
that have been on there that have been pushed out or bumped off to make way for these
new developments. In addition I'm recommending that we keep at least a million dollars
unencumbered, not allocated, in our fund for opportunities that come on down the line.
There's always going to be something in this time of rapid development that comes up
and presents itself to the city. The commission may want to make a recommendation to
act on it to the council. The council may have an opportunity that they want to talk to the
Park and Rec Commission - September 26, 2006
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park commission about and if there's no cash in the bank, you're not going to be in a
position to take advantage of that. That may be land acquisition. It might be a
partnership. It might be a grant. Matching grant. We're not done with under passes and
over passes yet I don't think in this community. We have some future responsibility I
think to tie Bandimere up with Fox Woods that hasn't been planned yet. Going
underneath or over Highway 101. When that, that's the 2010 MUSA so when we get
down there, if you start to envision well how is this neighborhood going to come
together, and there is no plan to date for getting under or over 101, but it should happen at
that location so there's some things that are coming down the line. Even sooner than that
is the Highway 41 underpass. That is budgeted at 115 but we may have, find ourselves in
a position where we'll have to you know foot additional part of that cost if it happens so,
there's some things that we want to save some money for. Let me go through the chart
with you. Flip through the spread sheet. 2007 through 2011. There have been some
additions in 2007, primarily the top one. $151,000 for land acquisition and that is coming
out of a, it's kind of a late in the game type of negotiation with, sorry. These 5 lots in the
Preserve, which is being the Degler, Gayle and Lois Degler farm being developed at this
location by Rottlund. These lots were taken out. We said we don't like how those lots
work. They're not connected to the rest of the housing development. They're our entry to
a planned future industrial area, or industrial/commercial type park. And we have other
ideas for that property and among them are stormwater ponds for when Audubon Road is
improved. The stormwater coming down off Audubon needs to be ponded. We also
have a significant public resource that we built here. It's a bridge over the top of the
creek, and that bridge is going to take some pretty significant touch down points and take
off points. We're not quite sure how the alignment's going to be situated, so we have a
trail head opportunity to bring people into a trail head type of a farming area because we
think this resource, with a trail heading south and heading north is an area that the people
would drive to. Get out of their vehicles and then take an experience on the trails. So
ponding, trail head and just the fact that those houses don't fit very well in there. And
this open space, this little open space, approximately 3 acres, 3 1/2 acres, provides a view
shed. In the Highway 5 corridor during that whole study it was very important that view
shed be maintained so people as you're driving through the community, they can see
down these natural corridors. It enhances the value of those corridors and these houses
would block that. By taking those out you allow that view up and down this corridor and
it really invites you into that area to come back in this area too. With houses there, you
can't see into it. So $151,000 is our share, again kind of a…acquisition, negotiation. The
developer didn't want to do it. We negotiated, allowed some of those lots. When I say
we, that's the planning staff, council, administration to allow some of those lots to go
back onto here and, in this area. Increase the density and then there'll be a payment from
sewer and water utilities for the bonding and then the park dedication fund for the
parkland.
Stolar: So how much is the total area?
Hoffman: About 3 1/2 acres. Something like that.
Stolar: And of that we think we'll just have the trailhead basically.
Park and Rec Commission - September 26, 2006
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Hoffman: Trailhead and then the, yes, the trailhead and the touch down points and
there'll be a pond there. There may be space for something in the future. Playground.
Stolar: It's open space.
Hoffman: The neighborhood might start to adopt it a little bit you know…neighbors
might ask for something in the future but it was a good acquisition.
Daniel: In new developments like that Todd, are there going to be any type of signage as
far as a map key or anything of that nature?
Hoffman: For the trails?
Daniel: Yeah. Especially with a trail head point where there might be a sign pointing
out, here's where you are. Here's the map of the city. Not necessarily, or maybe within
that section.
Hoffman: We may at the trail head, especially if the round about's out there…might be
something to look into. My fear when we start talking about trail signage is we have 54
miles of trails. Using simple math, if you start to do any kind of a comprehensive trail
signage package you're going to be, 54 miles probably, you know probably 20 signs a
mile, or something like that so it comes into a thousand signage in a hurry…and where do
you go from there. But in this kind of area, trail heads, you could have some sort of a
kiosk.
Daniel: Yeah. Nothing that would you know, as far as signage along the trails
themselves, but act like a kiosk where you can, especially at the trail points. I know we
have them designated already throughout the city but, at least that way they can kind of
get a reference point where they can have, what's…
Hoffman: Other questions about 2007 before I move on? You have athletic field lighting
at 150. Lake Ann Park shelter, 95. Power Hill Park trail, 75. That's being graded in
right now. Tennis court repair to finish off the remaining tennis courts that were not
touched this year. The Minnetonka Middle School tennis project. That's a contribution
on about a quarter million dollar project that a parents group is trying to get going. Both
in Middle School West and Middle School East. And then picnic tables and benches…
Stolar: The other thing, I know it's not 2007 but the athletic field lighting. We have this
split into two areas so part of this process that you've listed here is to push the rest out to
pass these years?
Hoffman: Correct.
Stolar: Okay.
Park and Rec Commission - September 26, 2006
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Hoffman: Because you don't…but they may come back but primarily that's because of
all those things that are coming on along and athletic field lighting, as anybody knows, it
can happen anytime. Nice to get it done but there's some of these things that are in
demand as they come along. Anything else in 2007?
Stolar: Just another quick question. Picnic tables, benches and annual tree contribution.
That's remained the same for how long?
Hoffman: Well we upped it.
Stolar: About 3 years ago?
Hoffman: Yeah. We upped it a little bit and it's, some years we don't spend it. We do
inventory and some years we do more tree planting…
Stolar: Okay.
Hoffman: Okay. Moving into 2008. The top one, $150,000. That's Pioneer Pass Park,
and that's just acquisition. It's just over 4 acres. About 4 3/4 acres there at that location.
Commissioners recall, you looked at acquiring a larger parcel of land in the Preserve.
That did not work out…at Pioneer Pass. The applicant, D.R. Horton walked away from
that project. Did not follow through with their purchase agreement with Sever Peterson
and his partner on the property. An LLC, Limited Liability Corporation made up of 4
local builders picked it up and they did pay less per acre. I think the original purchase
price was about $235,000 per acre and they ended up paying around $182,000 per acre
for that land. This acquisition is just being finalized. They're closing Thursday. Our part
of this will be 3.97 acres in dedication. And then .93 acres in acquisition, so we will pay
the .93 times the 182. So it comes out to be about $169,000 for that just under an acre.
The price of acquiring parks has gone up.
Spizale: So why do we get the acreage so much cheaper than the going rate?
Hoffman: We're not. We're paying the going rate. The first 3 1/2 or 3 and 3/4 acres was
acquired in lieu of taking park fees.
Spizale: Oh, okay.
Hoffman: So what they have to pay in park fees on all these lots, we took the property
and that's based off the formula in the memo…
Spizale: Okay.
Hoffman: So that will very effectively serve the south side of the MUSA area. The north
side will obviously have access to it but it will be a little bit farther…
Stolar: The green areas on there, those are the bluff.
Park and Rec Commission - September 26, 2006
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Hoffman: Bluff Creek Preserve and park areas that will be preserved. And these are
being, where the trail flows through so that's, go give you a sense of the kind of
experience you're going to have down in there. We'll take a tour if we can before the end
of the year. These public roads are being built and it gives you a real sense of what it
looks like or what it's going to end up looking like. So the $150,000 is not for
acquisition. It's for the development of the property. Highway 101 north trail
connection, $114,000. And that's to connect up the trail from Pleasant View right here
down to the existing trail and then north to Minnetonka and Eden Prairie. So that's this
section of trail that that's referencing. And then the lakeside trail is a section of trail, the
60,000 that's being built down off of Lake Riley in front of the new development. So
they're going to have to continue this section of trail into Eden Prairie that's on Lyman
Boulevard as a part of our comprehensive trail plan. They build it. They put it in as a
part of the public improvements. We pay them back for that section of trail. And that
finishes out in 2008.
Stolar: So the purchase price for the Pioneer Pass Park, where's that on here because you
said the 150's for development.
Hoffman: Oh, then I misspoke, excuse me. 150's for acquisition.
Stolar: Okay. So when do we want to plan for the development of that?
Hoffman: Probably in, well if you think about the build out of that area will start in 2008.
Houses probably be in there 2009, so as we continue modifying this, we're going to want
to look to do something there. They're going to grade it. Build the parking lot and so
we'll have a clean site, ready to go. Seeded with a parking lot.
Stolar: So somewhere in 2009 probably.
Hoffman: Playground.
Stolar: Okay.
Hoffman: Any questions in 2008? Okay, 2009. This is where we start to get larger
because the projects are more involved. The Preserve trail and bridge is the bridge that I
talked about earlier. At that location and then the trail is the trail that follows the creek
way and comes up to the road and then goes under the…and their property actually goes
down to this location. So that section of trail's being built in the second phase of the
Preserve. They're starting the first phase here. Second phase will come in the middle.
And the third phase will be at the top, so they're starting down here. They've got 2 model
homes going. Second phase and then third phase. They'll build this trail in the second
phase and when they're done and we've approved the project and taken a look at the bids,
then we'll go ahead and pay them back for the prices that we've approved. And the
bridge, the big part of that cost is obviously the trail as well. $175,000 is the Liberty at
Creekside trail and that just continues and takes the trail from where it stops at the
Park and Rec Commission - September 26, 2006
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property line, and then picks it up and takes it down through the bridge at Highway
212… Currently we don't have this last section. It may be built as a part of a road
project that comes in, but it's currently not platted so it's the last piece to take it up to
Pioneer Trail. So two projects in 2009. And again, these move around. They fluctuate.
You know they're big projects. Might not happen in 2009. They might be out to 2010.
Just so the captions there can be moved from one year to the next.
Kelly: How many miles is that from bridge to.
Hoffman: To here?
Kelly: Yeah.
Hoffman: I don't know the exact mileage. I'm going to guess probably about a mile and
a half.
Kelly: Wow. Okay.
Stolar: If they're going to do, I have a feeling they can't keep the trees around there kind
of like what Minnetonka has in their development. I don't know if you heard that.
Hoffman: Oh…the trail and cut the trees down.
Stolar: Well no, they actually were supposed to, the whole thing was agreed to that they
can develop as long as they keep the trees. First thing they did was took down all the
trees.
Hoffman: It's a problem.
Stolar: Yeah.
Daniel: Glen Lake wasn't it?
Stolar: Glen Lake, yeah. The Glen Lake development. And you know Minnetonka
recognized that the biggest issue was they actually didn't have any inspectors brought in
to work with the developer, and so it was a mistake and the developer admitted it but it's
too late.
Hoffman: Too late now. Renegotiate that… Any questions on these two trail sections?
And again, the developers are Rottlund and then Town & Country down here. Again in
the past we've done this a variety of ways. We would go ahead and collect their money
and then build the trails with our contractor, but that really gets to be a touchy situation
when they have a big contract going and we have a big contract going and who's first and
who's getting in who's way, and so we've incorporated into the development, when
they're doing road, they're asphalt, their dirt contractor is on us to do this so they're
calling…and it just works a whole lot better.
Park and Rec Commission - September 26, 2006
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Stolar: This is, I mean this is to me very exciting to have this. When this all gets down, I
mean that will be a great opening, ribbon cutting type thing.
Hoffman: The bevo structure right here is in place. The wing walls are being built and
that's what, when we get a chance to go out and visit, we'll take a look at. The whole
Bluff Creek trail is nice and attractive but this section is by far the nicest. In 2010 again
putting some dollars out there for Rice Marsh Lake trail. $350,000 and that actually
might be a little short by the time we get done with doing some hard costs. This is the
trail that goes around the south side of Rice Marsh. Currently it stops just right down in
this development… The last piece to be built was that connection piece with a bridge.
And then we have to take it to the back of these lots, which have been platted since the
60's but there's an easement there, and then continue it on into Eden Prairie. And then the
underpass, that's the second that's going to be built. The underpass is just in Eden Prairie
right at that location to get you under Highway 212. And then Eden Prairie will turn it
back the other way and meet up. When that's done you'll have a continuous loop around
Rice Marsh Lake and by that time there'll be a continuous loop around Lake Susan and
through the neighborhood at this location. Back along the road. And then obviously
we're planning on one around Lake Ann at some point in the future. And then halfway
around Lucy. So we're starting to get that city of lakes type of feel with these trails going
around the lake.
Scharfenberg: Todd when will, now they're going to build an underpass at 101. When
will that be built?
Hoffman: It's being built as a part of the, what they call the Gap project. There's the 101
Gap project and that will probably be built in the next construction season. So that's right
at the…
Daniel: Follow along the creek that connects Susan and Rice Marsh?
Hoffman: It's going to be upstream of the creek. Excuse me, north of the creek.
Daniel: Okay.
Hoffman: Angle there looking underpass. That's going in, it's a great project. The Gap
project. When they realized that 212 was going to go in, you had this little 101 windy
road between 212 and Highway 5 and downtown Chanhassen. There's some local people
that worked very hard to make that happen so it was, and of course we thought it would
be…people benefit, the trail users… The other one is the Highway 41 trail underpass
grant match at $125,000. That underpass would be located on Highway 41. Next to the
new Highover. There's an outlot right here. There'll be an underpass. It includes a trail
from the middle school down to the Longacres development. So you have the trail on the
east side of Highway 41. The underpass and then the trail from the underpass down to
the beach as a part of that. I think it was a million one grant application. That was last
year's funding cycle with the county being the primary agent on the grant application.
Park and Rec Commission - September 26, 2006
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The City Council signed on with a letter of support and I think it was, from what I
understand, two places out of the money for the application so we need to wait for next
funding cycle thinking the county will reapply. Amend the application to try to make
it… In talking with folks out in the Highover area, they're very anxious to see that go
through. There were some promises made, or from the developers that this is eminent. It
was but the City didn't make those promises so but…but they're still anxious to see that
go through. Questions on those two projects? This plan will not be without pain. These
residents have been waiting out here for some 40 years without a trail in their back yard.
They have very large lots but there is, both the sewer interceptor back there and on top of
that sewer interceptor is the trail easement and so I give credit to somebody in the 1960's
at the city for taking an easement and understanding the future of that alignment, but
these people aren't going to, some of them may not be very willing to accept the fact that
this trail is coming their way. 2011 includes $190,000 project down at the Arboretum
Business Park. That's right near Lifetime Fitness and the expanding business park. Lot
12 is this lot right here. One of the last remaining lots. This is called the Chanhassen
Nature Preserve and it has a mile of trails planned around it. Three-quarters of it is done.
This section of trail is all in place and the piece we're missing is that last quarter. And
again this is a development contract based. Development contract for this lot states that
when that lot is sold and developed, the person who builds on that lot needs to build this
last section of trail and make that connection. They build it, then we come in and make
the payment back of $190,000 and you'll have a mile of continuous trail loop around a
100 acre nature preserve in the western part of the city. Fairly impressive project from
start to finish. Been some tough sections of trail. The last one along the Holiday Inn
Express was not an easy section of trail to build. $30,000 three times for the Phase II
playgrounds which originally were down around 2007 but again the commission…lights
and so we have $90,000 for those and that brings that total up to 291. Average I think is
still $400,000. The total for those 5 years $2,305,000. Things that got bumped out
include some improvements out at Roundhouse Park. Ice rink. Hockey boards. Tennis
courts out at Roundhouse. Some of those types of improvements.
Stolar: Is there City Center?
Hoffman: City Center I guess… And between now and then, I guarantee you there will
be things that as certain neighborhoods start to fall in love with in their neighborhoods
and they will be in to talk to you about what's going on with your park dedication fund.
You're doing a lot of trails in southern Chanhassen when you haven't been doing a lot of
park development. The 1996 referendum did remodel quite a few parks and then last
year's playground project remodeled quite a few parks, but that's how you keep your
residents happy. I mean their neighborhood parks, in all our surveys time after time says
that's their primary focal point for their park use. They might be at the Lake Ann for
some sporting events but on a week in and week out basis, they get to their neighborhood
park in some shape, fashion or form so you can't ignore those… Glad to any questions
after discussion from the commission.
Stolar: Questions?
Park and Rec Commission - September 26, 2006
14
Daniel: I think it looks fantastic.
Stolar: This was a great presentation Todd. Thank you. It really helped. Seeing none,
there's no action item on this.
Hoffman: Need a recommendation for council.
Stolar: Oh we do? For this approach?
Hoffman: Yep.
Stolar: Oh. Excuse me, I didn't see that. Alright, do I have a motion to approve the
updated 5 year CIP plan as presented.
Daniel: Motion to approve updated CIP plan.
Scharfenberg: Second.
Stolar: Moved and seconded. Any discussion?
Daniel moved, Scharfenberg seconded that the Park and Recreation Commission
recommend approval of the Park and Trail Capital Improvement plan for the years
2007 through 2011 as presented. All voted in favor and the motion carried
unanimously with a vote of 6 to 0.
RECOMMENDATION CONCERNING 2006-2007 ICE SKATING RINK
LOCATIONS.
Ruegemer: Thanks again. The November winds are approaching here. We look to
change seasons here. Topic of ice rinks, outdoor rinks has been widely discussed the past
couple years at length at the commission level. We gathered citizen input last year from
a neighborhood parks. Through the installation of the new playgrounds we heard from a
lot of people. Regenerated interest in having an outdoor rink at certain locations in the
city. Those areas we had discussed and supported doing 3 test rinks at Chan Hills, Rice
Marsh Lake Park and Pheasant Hills. Part of that recommendation and approval last
year, staff did develop an attendance sheet that the commission did volunteer for and go
out on a number of different days, nights and weekends to collect the data and
participation numbers. That is also attached with the report and I think we found out that
even with some warmer weather and also some, and when the rinks were operational, that
we did not get a lot of use on those 3 test rinks. Park maintenance staff has spent a lot of
time maintaining the rinks on a daily basis. It's really staff's belief that with the lack of
use on those test rinks that we move a different direction and eliminate those rinks for
this upcoming season. It is staff's recommendation that the Park and Rec Commission
recommend to the City Council to approve the following ice rink locations for 2006-07.
That includes the Chanhassen Recreation Center, City Center Park, North Lotus Lake
Park and Roundhouse Park, and those four locations are where we have warming houses.
Park and Rec Commission - September 26, 2006
15
That would make most sense. Where we have attendants and that sort of thing, that we
focus our energies and, at those locations. So it's also staff recommendation to eliminate
3 test rinks from last year's schedule.
Stolar: Any questions?
Murphy: I'm trying to remember the neighborhood that came to talk to us. Wasn't that
Chanhassen Hills?
Stolar: Rice Marsh was one of the more prevalent neighborhoods.
Hoffman: And I think Chan Hills was too.
Stolar: Chan Hills was here too, yeah.
Murphy: Okay. And they just didn't wind up having the use on our testing. Okay.
Hoffman: Chan Hills had a couple of days that noted heavy use on our maintenance
schedule. January 10th and January 23rd.
Stolar: And if you do look at the numbers they had in total 37 people in our counting that
we did too. So out of the 3, that one probably had more heavy use. It also had the lights
I believe.
Ruegemer: One light.
Stolar: One light. Jeff, any questions?
Daniel: No.
Stolar: Jack?
Scharfenberg: I'm just anticipating that next winter when this doesn't happen that they're
going to be back again you know asking for it and so, you know I understand the reasons
behind it. Why not to do it. We've got 4 facilities already within the city that provide
skating facilities. You know it'd be nice to have it in your back yard and at least the
Chanhassen Hills one demonstrated heavy use. You know if we were going to do
anything, I'd say keep that one but I don't know if that makes any sense just to keep one
park, so. I don't know what everybody else thinks.
Stolar: Tom?
Kelly: I'm really happy that we did the test. I'll probably be getting, the times where it
was randomly selected, I just don't think the numbers pan out to keep any of them open.
I think for Chanhassen Hills it was 37 but 14 of that came on one day. I swear there was
14 people there but as someone pointed out, it could have been a birthday party. Yeah, so
Park and Rec Commission - September 26, 2006
16
I'm in favor of staff's recommendation, even though we'll probably get neighbors coming
in. At least we have some evidence that we can confidently say yes, we tried this out and
we just don't think it, the numbers panned out. I felt we gave it a fair shake.
Hoffman: This is not the first time this has happened either. We've done this before.
Taken it away. Brought it back. Taken away. Brought it back.
Scharfenberg: Well yeah at some point I would like to see, given the development in
what's going to happen in the southern half of Chanhassen, that we're going to have to do
something as a commission and we should do something in terms of a rink, a skating
facility or rinks in that southern part of the city, especially when the 2010 extends even
further. We're going to have to put something you know right now between Lyman and
Pioneer Trail potentially in a park, Bandimere or something where we have a central park
location but I would think that we would want to put something in that particular, in
southern Chanhassen for those people that are going to be living down there because the
next closest facility will be Bluff Creek, and that will be, I mean that's still kind of a haul.
So I think we have to really take that into consideration in the next 3 to 4 years. Even 2
to 3 years that we should do something as a commission to develop a plan for that area.
Put that to staff to come up with some sort of recommendation to come back to us with
you know where would be the best location and what do we do?
Stolar: Todd, if you could take a moment and just go to the board here because I think,
we've talked about this before and I agree with you Steve that there's, yep. As the growth
goes south we're going to have to figure out one of these parks that goes along. We
might have to look at them more broad base approach to having a skating rink there. You
know boards and things like that. If you flipped up that map and did the other. So, as we
look at.
Hoffman: We have Bluff Creek.
Stolar: Yeah, so Bluff Creek's there and Chan Hills is?
Hoffman: Chan Hills is here.
Stolar: Right. And Bandimere?
Hoffman: Bandimere's here. So you have rinks here and at City Center. North Lotus
and Roundhouse. That's the geographical spread.
Stolar: Bandimere we have, we've talked about boards and things right, along time so
that's one of the things we need to look at. And even though we just approved the CIP, I
think at some point we're going to have to consider bringing that back involved there. Is
there something to do at Bandimere to put a more structured skating rink because then
that does hit some of the southern part but then we've got to go even further south as we
go along. But Chan Hills itself doesn't, so right now Bandimere and Chan Hills, neither
one of those would have it so again going in the south.
Park and Rec Commission - September 26, 2006
17
Hoffman: Bandimere would be the best opportunity I think. It would take a community
type park setting and I don't see another major community type park setting between the
2005 or 10 MUSA area. Bandimere, you would have to go through some remodeling.
There are, there's a location for a future building next to the playground area, but you
would have to start to identify where you're going to put these hockey rinks or skating
facilities. Are you going to take out a soccer field? Are you going to take out a ballfield?
Are you going to take off parking?
Kelly: It's not possible to put boards on soccer field 1?
Hoffman: It would be. You're going to diminish the level of the field. You're going to
kill the grass each season. Yeah, there's a lot of opportunities. You can put temporary
boards up, not a problem and we could look at doing in the parking lot so there's some
opportunities there.
Stolar: Is there anything to do this year to start a rink there, or is it too late in the game?
Even just an open rink.
Scharfenberg: We could flood the softball fields. One of the softball fields, or ballfields
if you wanted to do, like they do at Bluff Creek. You could do that potentially but there's
no shelter there. You'd have to get a movable, portable shelter. Put something out there.
Hoffman: You can certainly talk about it. The densities I don't think, the neighborhood
densities don't increase any over Chanhassen Hills for example. Chanhassen Hills, you
have a pretty compact neighborhood with many people within walking distance and you
have a light on the facility so if you can't generate sufficient use at Chan Hills, I don't see
a reason that you would be able to at Bandimere if it's just a sheet of ice on a ballfield.
Now if it's a place where you drive to and you have hockey lights and those type of
things, and a warming house, then that's a different story because Bandimere is more of a
driving type of facility. There's a neighborhood there but they're a little bit more
dispersed. Neighborhood to the north has a longer walking distance.
Stolar: And I don't know, Tom and I were talking about this beforehand. To me the idea
of having a rink present in the southern part is kind of important.
Hoffman: Been talked about for many years.
Stolar: And the question being, if we did just Chanhassen Hills for that particular reason.
Has a light. It's some representation in the southern part would be, you can drive to go to
it for open skating. I know it didn't pan out to be successful, but it kind of gets to the,
let's say Phase I of a concept that we're going to have a more permanent rink presence in
the southern part over time than I think, I don't know if that's just, you can tell me the cost
of 1 versus 3 is not that big of a difference. Or if it is, just one-third of the 3 and I would
be in favor of doing Chanhassen Hills also only, for those two reasons. It has a light,
which could increase it's usage. And it's at least something in the southern part.
Park and Rec Commission - September 26, 2006
18
Hoffman: Yep, if the commission wants to do Chan Hills.
Murphy: Instead of Roundhouse, is that what you're saying?
Stolar: No, no, no. I'm saying, in fact the only reason I mention Bandimere is it's kind of
taking out this neighborhood park concept. We'll note that some of them are exceptions
but the idea of being, it's more of a community park type rink because it already has the
infrastructure and eventually to move to, that representation to move to a more permanent
one as we fund it in the future.
Murphy: So add a fifth rink here at Chan Hills, is that?
Stolar: Yeah.
Hoffman: Or keep it this year, not. The only park we did receive antidotal evidence to
the positive was Chan Hills. We received some antidotal evidence on the others that said
there was nobody using that, but we did receive some testimony from residents. People
that live in the area. You know we saw people there.
Stolar: So I mean to me, if it's more of a idea that we're going to start keeping a rink in
the southern part.
Daniel: But what do you recommend Todd for a park size for even just an open skating?
As far as amount of land or whatever it may be.
Hoffman: Oh, you can fit it in just about anywhere. We used to have one in
Minnewashta Heights. It's 5 residential lots is the size of the park and we had an open
skate area there. A couple acres is all you need. Carver Beach used to have one. Little
Carver Beach.
Stolar: So any thoughts?
Kelly: How about costs though? I mean is it, is maintaining one rink one-third of the
cost to maintain 3 rinks or not?
Hoffman: It's hard to estimate but we have the staff available. What we want to make is
a prudent decision on the use of your resources because if they're flooding these 3 rinks
they're not doing other things that could be of more use. If you want to keep the
Chanhassen Hills rink going, yeah you're probably, you free up two-thirds of your time
and they can be doing other things that are more useful for the community.
Stolar: But too it is a proportional savings. It's not like the idea of adding any
neighborhood rinks automatically takes 50% of the time we would have spent anyway.
Hoffman: No. It's simply, it's…
Park and Rec Commission - September 26, 2006
19
Stolar: Alright. Why don't we, we have a recommendation in front of us. Do I have a
motion to approve and then if we want to amend it we can. Any motion to approve staff
recommendation?
Murphy: Motion to approve staff recommendation on ice skating rinks.
Stolar: Moved by Commissioner Murphy. Do I hear a second?
Daniel: Second.
Stolar: Seconded Commissioner Daniel. And then I guess I'll leave it in, Steve you were
the one who initially brought it up. Do you want to propose an amendment?
Scharfenberg: I would propose the amendment to include Chanhassen Hills as a rink for
2006-2007 ice skating season.
Stolar: Okay. Anne, do you accept the proposed amendment? Do you want to talk about
it?
Murphy: Well the monitor it for 2006 and 7 and see how it does? Is that what you're
saying?
Scharfenberg: I don't think we even need to monitor it. I think we just put it there.
Then we can ask, if we want, I mean we can…
Hoffman: Yeah, we'll maintain our monitoring.
Murphy: Oh okay.
Stolar: Right, the monitoring goes on no matter what.
Murphy: Oh, I'm sorry.
Hoffman: Just by our truck drivers.
Scharfenberg: And Tom and I will drive by a few evenings…check it out.
Murphy: Yep, accept.
Stolar: Jeff?
Daniel: Accept.
Park and Rec Commission - September 26, 2006
20
Stolar: Alright, Shall we vote on this then? It's been amended to include Chanhassen
Hills as an additional skating rink, and I'm going to refrain from using the word
neighborhood park skating rink. This is an additional skating rink location.
Murphy moved, Daniel seconded that the Park and Recreation Commission
recommend to the City Council to approve the following ice skating rink locations
for the 2006/07 season:
Chanhassen Rec Center-Warming House North Lotus Park-Warming House
1 - Family Rink 1 - Family Rink
1 - Family Rink 1 - Hockey Rink
1 - Hockey Rink
City Center Park - Warming House Roundhouse Park-Warming House
1 - Family Rink 1 - Family Rink
1 - Hockey Rink
Chanhassen Hills Park
1 - Family Rink
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
Stolar: Thank you Jerry.
Ruegemer: No problem. Thank you.
Stolar: And Dale, thank you and your team for maintaining those rinks this past year.
Appreciate it.
RECREATION PROGRAM REPORTS:
2006 DAVE HUFFMAN 5K RACE.
Ruegemer: The seventh annual Dave Huffman race was held Saturday the 9th. Another
great event again. I think had it not been for the kind of start of rain that morning, we
probably would have had some more but we had just about 300 on the nose with that so.
Had a lot of good comments about that. I think many people enjoyed the course. Get
people through town quick. ...safe. Had somebody from Colorado this year said it was,
came up afterwards, said it's probably one of the most organized events that she's been at
so that makes us feel good. We do a lot of planning ahead of time, not only as a
committee but with our street superintendent Mike Wegler, Ross Gullickson of Carver
County to really kind of go through that and make sure that it is a safe course. That we're
anticipating traffic patterns and possible areas and thanks to Dale. Dale's crew again,
they always do a great job on preparing for the event. They always make us look good
too so we appreciate that. So we did have that again going through Frontier Trail was
really nice. We haven't had any neighborhood opposition with that. We notified people
Park and Rec Commission - September 26, 2006
21
that the runners are going to be coming through their areas. We had closed down the
roads in those neighborhood areas. That really makes it nice for people to kind of cheer
on people as they go by. The kids race again, we did move that start time up to 9:45 this
year versus about 10:15-10:20 last year in the hopes of kind of getting through that event,
and then also getting people on their way getting through the awards ceremony and kind
of continue on through the day so I think that worked out nicely with that change. Had
roughly 75 which was down about 25 to 30 kids from last year so, but the kids still had a
good time. We didn't really have any problems with any type of traffic infiltrating the
race course area and that sort of thing so overall it went very good. Many positive
comments. I think people liked the yellow shirts this year which was a change so, always
look ahead to add additional sponsors. To kind of buy down their expenses so to speak
and we increased our donation to the scholarship, student scholarship fund with the
Chamber from $500 to $1,000 this year so they were extremely happy about that this
year. And also made contributions then to the Arboretum and the Chanhassen Boy Scout
Troop 330 so great events. Just attached is the race results. Kind of overall by age
category in and out so the race results from…
Stolar: Great, any questions? Alright.
2006 HALLOWEEN PARTY PREVIEW.
Rosa: Thank you Chair Stolar, commissioners. It's actually the 2006 Halloween Party,
so sorry for the typo on there. Most of the stuff will be present from last year with a
couple changes. We have secured different entertainment this year. Also a magician,
like last year but we're going with somebody else. Just to keep costs down and
everything, and be a part of that low cost program to our residents is why we're keeping it
down there. But this will be Saturday, October 28th from 5:30 to 7:30 at the Chan Rec
Center. Again we'll have hay rides out there. We'll have the scary and friendly areas,
depending on what areas the child likes to go to. We'll also have entertainment,
refreshments and games. Dale's staff is going to be helping with getting the games
together for that so I appreciate him for that. And then at this time I'd also like to, we do
have a meeting before the actual 28th date, on the 24th but to give you guys a little more
time to think about it, I'd like to request some volunteers. Here's a nice sheet for that. I
can send.
Stolar: He told me he'll dress up as a cow this year.
Spizale: I don't think the costumer fits me. I want the Sylvester the Cat that you had.
Stolar: Oh, that was hot though. It was hot.
Rosa: The flyers have been made and will be distributed next week for the actual
schools. The individual flyers such as this, and I gave you each a copy too in case you
want to…your children, nephews. So we did send out a copy of that in the earlier, it went
out last week to the elementaries inside of our big packet that goes out. Includes all of
our fall programs so we're hitting them up twice trying to see, didn't take up any more
Park and Rec Commission - September 26, 2006
22
room on that so we threw it in there so we always do this extra one too just to give the
individual sign up sheet for that so we're hoping that it will draw numbers to that. Hope
to bring numbers back up to where they were a couple years ago. This is the second year
that we are charging a fee for the program so slowly trying to get people to come back
into it. It's a $4.00 minimal fee. They get tons of candy. They get entertainment for that.
They get their picture taken. We're going to set up a couple different scenarios for that
this year, and then they also get the hayrides so it's well worth the cost of the program.
That is all that I have.
Stolar: Great. Any questions for Nate?
Murphy: They don't have to pre-register though, right? You can show up.
Rosa: They don't have to pre-register. You can do it that day. We just set it up to make
it look like we have you pre-register. It makes it easier on everybody so that we don't
have this huge line at the door, because we do, as you see, end up with 500-600 people
there so it can be some kind of a congestion but yes, we do have on that volunteer sheet
one of them is the registration table.
Stolar: Great. Thank you very much.
RECREATION CENTER REPORT.
Knowles: Thank you Commissioners.
Stolar: How you doing Tom?
Knowles: Well I'm doing fine, thank you. Basically my message this month is that it's
good to be back in business after our annual 2 1/2 week closure for floor resurfacing and
extensive cleaning. The building looks nice. Almost new again so it looks very nice out
there. We've got our staff pretty much put back together again and we're up and running.
We've been back in business for 3 weeks now and like I say, it's just good to be back in
business. Our fall programs are well underway. The two largest programs are preschool
sports which is soccer this fall and our dance program showing good numbers again this
year. About roughly 200 in the dance program and about 180 or so in the soccer
program. This past week, Friday we had our Barnyard Boogie. We had about 206
participants in that and to speak to the issue of pre-registrations. We did the same sort of
thing there. We took pre-registrations and also walk-in's. We had 70 walk-in's roughly
that night and it can get to be a problem so we certainly try to encourage as many pre-
registrations as we can. But the Barnyard Boogie went off without a hitch. It went very
well. I thought very clearly the people that came had $4.00 worth of entertainment that
night so we were very glad so. In the building itself, we've already hosted the primary
elections two weeks ago. Getting geared up to host the general election in November.
We anticipate a large crowd that night so beware I suppose if you want to come work out.
You're going to have to compete with a lot of people walking in and out of the building.
We've sent out letters this fall for the youth association directors. We offer gymnasium
Park and Rec Commission - September 26, 2006
23
time to the various athletic associations for their groups to use it for practice and game
times. The responses are still coming back in but we try to give at least 10 to 12 hours
every week to the various youth groups free of charge for their use in the gym. Finally I
guess my note is we got our basketball league up and running last night. 6 teams in our
fall league this year which is fairly typical for fall. We usually have a bigger bubble in
the winter time but the 6 teams last night went off without a hitch so we're very happy to
see them back so. Like I say, good to be back and in business again.
Stolar: Great. Welcome back.
Knowles: Thank you.
Stolar: Any questions for Tom? Okay, thank you very much Tom.
PARK & TRAIL MAINTENANCE REPORT.
Gregory: Well I think you can all agree with me in that once again summer's come and
gone a little bit too fast. For all the projects we had this summer and that. We've been
really busy and that. Again with summer going the way it is and that, although our park
staff is gone, other than 4 people, or 4 main lawn mowing people that are seniors are still
with us helping us out. Other than that it leaves our staff doing a lot of the day to day
basis of taking care of some of the ballfields yet and soccer fields and that type of thing.
We're striping and maintaining 20 soccer fields this fall and 2 football fields. Working
with Jerry and that, we were lucky in that to take out 2 soccer fields down at Bandimere.
2 and 3 to reseed and give them a rest this fall which really helped and we also took out
North Lotus Lake Park so that's going to help those fields a lot. Then along with that,
some of the things we've been working on and that, we did get the new trail through Lake
Ann before the Miracles for Mitch and that so it was used for that. Going along with that,
we had to tear out some of our irrigation where the trail went and everything so the guys
have re-installed the irrigation and we've got the bigger area sodded and some of the
smaller areas, we've got it seeded so it's looking pretty nice out there. Again that trail
adds a lot to that park I think. A few of the things that we're working on this year, and I
want to give you just a quick little update here and that on what we've kind of done in the
last 3 months here and that is, we've resurfaced several of our tennis courts at Lake
Susan, South Lotus Lake and Meadow Green. The double courts have been resurfaced
and refurbished. Also the basketball court at Lake Susan was the same this year. We're
also working on Lake Susan expansion on the parking lot, and where we're at with that
one right now and that is we've already moved the volleyball court and the parking lot
has been laid out and graded and today the guys were out there. We're putting in the
electrical wiring and everything else. Moved the light poles for the parking lot. And we
were scheduled for the curbing to go in the end of this week, the beginning of next week.
We talked with them today. They are a little bit behind because of the rain and
everything we've had here lately and that so it might be, we might be a few days late on
our curbing schedule and that so but they are scheduled to come in as soon as they're, we
can get ready for them and that so. And then pretty much it's blacktopping and we've
already contracted that out with Plehal so as soon as we're ready, they'll be in to blacktop
Park and Rec Commission - September 26, 2006
24
it and we're basically doubling the size of that parking lot down there then. And from
there, Jim will just move in. We want to try to get the trails and that stuff finished around
that park. We haven't got the sodding or anything done around the little playground and
we really haven't had that opened very long because of all the equipment and everything
that's down there. We're keeping that closed for right now. But our plans are to move
right into that laying out the trails and that and trying to get that black topped too yet this
year. The Curry Farms trail down there, where we're at with that is we've got our part of
it all done. We built up the trail. Took out the sharp corner at the bottom. Took out
some trees and everything there and that. We've got our part of it built up and ready to
go. That contract is also out with Plehal. They're going to come in and put in the new
trail going up the hill. Overlay the rest of it going out into the Teton area, and then also
they're going to be grubbing out trees and stuff and that and taking a section of trail that
will go into Knob Hill. And that's really what's held us up on that. We had our part of it
done for quite a while and getting the permission and everything else to go in and go into
the Knob Hill area and that is what really held things up and that. I did talk to the
contractor late this afternoon and they are supposed to be in Knob Hill either, they were
supposed to be there today or else tomorrow. They're going to be in there to start taking
the trees and that down so, that one is starting to move ahead too. Playgrounds, where
we're at on that. All of our playgrounds have been refurbished and worked on. We've
got the blacktop done on all of them but 2 of them, and all the sodding is done so
basically the only 2 that are left yet is the Curry Farms and the Lake Susan. Other than
that the rest of them are all completed with blacktop up to the playgrounds and
everything is completely sodded. Lake Ann road, that's moving along. They've ground
up all the blacktop up there and that and re-laid that. The curbing is in. They've also
taken out for the additional parking that will be up on top of the hill by the ballfields by
the play structure and that. They're getting that laid out, and was out there today and
they've actually got that, the new intersection is going to be put out there. They've got
that laid out and they've got that dug in and it's looking pretty good up there with that. So
they're moving along pretty good on that one too. Bluff Creek hockey rinks. Worked on
those. We did some work on the boards. Got everything ready there. We're also
working with Plehal Blacktopping got the contract. They've ground those down and
they're all, I was out there today. They're all level, packed and they raised the drains so
right now it's, as soon as they can get their crew in here, they're ready to be blacktopped
and it will be new for this year too, the blacktopping.
Stolar: And we had all that buckling and all that from the years past. That should not be
a problem then.
Gregory: Right. A lot of that came from the paint and the problems we had with the
paint. I don't think Todd's going to paint them.
Hoffman: You're right.
Gregory: So really and that, we shouldn't have any problem. All that was ground up. It
was all re-used. Everything so we've got more base on what the base that they did have
out there. And we did have a little problem in the number 1 hockey rink in the northwest
Park and Rec Commission - September 26, 2006
25
corner. We've got a little water problem there. I had my guys go in there. We did extra
tiling and everything there, which we hope will take care of some of that problem and
hopefully take care of some of the problem with pushing of the poles and everything.
Like I say, that one is moving along and that so we should hopefully have that done here
before too long. And the only other one I've got left is we are still working on the
basketball court down at Bandimere Heights. That little park. We've got to haul the rock
out of there and get, I mean the pea rock out of there and that and then get the base put in
there. And we've already got prices from Plehal for that too so, we've got, once we get
things kind of laid out and they get in here and that, Plehal's got a lot of blacktopping to
do and that so it should move along pretty good once they get in here and that. Hopefully
this will all be done this year yet. That's all I've got. That's where our summer's been.
Stolar: Thank you. Lot of good work. Questions for Dale.
Spizale: No questions but would it be easier to have these reports at the beginning of the
meeting so they wouldn't have to sit through the whole meeting? I mean they can if they
want but it will be easier to maybe do it at another part instead of the very end.
Hoffman: Any of the comments I've received from staff is actually enjoyed. Part of the
reason they come, some come 4 times a year. Some come twice. Is to experience a
meeting as well so they enjoy being here and listening to the commission.
Spizale: That just occurred to me as I was sitting here.
Stolar: Well thank you for your patience in sitting here.
Knowles: But I agree with Todd's comments. It's good to be here just to observe, at least
periodically how these meetings function. It's a valuable experience so I certainly enjoy
coming and watching you 4 times a year. I think it's a good use of my time.
Stolar: Okay, thanks.
Spizale: I didn't know we were that popular. Maybe more staff…
Hoffman: We're out of park staff. The planners aren't going to show up.
Daniel: Dale, what's the seeding on Curry Farms? On the field.
Gregory: The seeding?
Daniel: Yeah.
Gregory: As soon as we get the trail blacktopped, it's going to get leveled off and that, it
will get a dormant seeding this fall. And then we're going to get sod down around the
play, all along the play structure and trail and that going in. And it's like I say, as soon as
we can get the blacktopper out of there, we'll go in and get it, to get the sod in and we'll
Park and Rec Commission - September 26, 2006
26
have the seed in dormant. We'll be waiting, that'll probably be going in more into
October when we know it won't grow.
Daniel: Okay.
Hoffman: The hold up was the easement acquisition on the trail connection at the top or
we would have been done and out.
Stolar: Anything else?
Scharfenberg: So at Bluff Creek on the hockey rinks, they ground down the whole rinks,
both rinks and then they're going to resurface the whole thing?
Gregory: Correct.
Scharfenberg: Okay.
Gregory: Yeah, it's not an overlay or anything. It's completely ground up. We did that
basically because trying to overlay that with so many cracks and everything, if your
blacktop, if you leave any of that, you're going to get cracks again in the same places. So
the only way was really to grind it all up. Re-pack it. Re-start all over with it.
Scharfenberg: Okay.
Hoffman: Bare asphalt holds the ice a lot better. It's hard to imagine that simply because
of little cracks and grooves in plain asphalt grab onto that ice and seal it. It can't move
but whereas the paint, all bets were off. And then the paint also had some sort of effect
holding the moisture and causing the failure of the asphalt, the premature failure of the
asphalt. And so we were the envy of many communities when we first built these rinks
but that was a real short honeymoon because 4 or 5 years later people were saying oh, we
don't want to do that. At least Chanhassen tried it. California or Florida, yes. Not
Minnesota.
Stolar: Thank you Dale.
ADMINISTRATIVE REPORT: 2006 PARK AND TRAIL CIP.
Hoffman: Thank you Chair Stolar, members of the commission. It's one of our
responsibilities, I just feel an obligation to report back to the commission on our progress
from 2006. I won't go through all the specific items. If individual commissioners have
questions on any of them, I'll be happy to answer your questions.
Stolar: Any questions? Okay, seeing none. We'll move on. The only thing I wanted to
add under reports was the joint commission City Council meeting from September 18th.
And then the City Council meeting from last night. I was not at the joint meeting. Steve,
you sent me an email on that but you want to just say a couple words on it?
Park and Rec Commission - September 26, 2006
27
Scharfenberg: Some of the things, I know not every, Jack you weren't there were you?
Some of the things that we discussed with, talking points that we had were just the park
dedication fees and the council indicated that they were, you know recognized that we're
on the higher end of that and we look at fees every year, every January and whether or
not they would increase or not and that's something they will take up in January but I
didn't necessarily get the impression that they were going to be increasing those fees. We
talked about opportunities with District 112. Trying to do anything we can with those in
terms of ballfields and increasing ballfield size. We updated that, that we were going to
be lighting some of the fields and that was going to help with capacity. And they
indicated again that there's interest within the community of building a pool, if at all
possible within Chanhassen and that several commissioners expressed interest with
respect to town baseball and if at all possible trying to do something with that, so those
were basically the talking points that we discussed.
Stolar: Okay. Any other comments? The one thing related to the, apologize again for
not being able to attend the meeting. With regards to the park dedication fees and I think
we had talked about there were several different aspects of it but one of it was land
acquisition so I just, and I know Todd you included in the correspondence package, I
think it's in here, some of the information that Plymouth was going to.
Hoffman: Referendum.
Stolar: Referendum. And I guess I would just like to have, after this referendum's done,
so maybe our November meeting, maybe just kind of an informational discussion on that.
It seems to me when we start talking, I think we're okay based on what you presented
through the 2005 MUSA but as you start getting to 2010, we're probably not going to be
fine. So just something to think about. We'll see how that goes because if Eden Prairie,
they had two starts on it. One didn't go so well and the second one did when they talked
about specifically land acquisition for specific purposes.
Hoffman: And regarding fees, we are starting to see a push back on land prices. We
believe at least for the short term they have peaked and they have actually come down,
primarily due because of the economy. So the 2005 MUSA saw a rapid build up of land
prices topping out at about $235,000 per acre and then the one we talked about tonight at
$182, and so there has been some push back on those prices. Whereas our park
dedication fees are based off of land values of approximately $100,000 or $120,000 an
acre and so when you're out paying 186 or 182 and you're only collecting 120, but there's
also a limit on how high we can go. I believe last year we were the highest in the state in
park dedication fees. So you have to allow some other folks to lead once in a while
because if you get too far out in the lead, someone's going to find your name and put you
on a list and the developers are going to team up and come to Chanhassen City Hall and
say that we are out of line.
Stolar: So that's where you know some of the things that we'll have to think about in the
future may include some other approaches to land acquisition. The City Council
Park and Rec Commission - September 26, 2006
28
meeting, there's just one thing I wanted to, one key point to bring up is that there was an
Eagle Scout project going to be going on at, by Carver Beach and it's going to be putting
mulch down along the trail between the north and south beach areas. And doing some
erosion protection and it's scheduled for November 4th. Saturday. He will be looking for
volunteers so maybe at our October meeting we'll bring it up again but if you can write
that down as a possible date to help out and that's a Saturday. It sounded like a good
project. Todd and I had gone there in August?
Hoffman: July maybe.
Stolar: July?
Hoffman: Yep.
Stolar: Can't remember when it was. In July. Talked to the residents. Walked the trail
and it's actually a very nice trail. You just walk along the lake there and I'm sure in the
fall it would be beautiful. Right now probably starting to turn color. I think putting that
mulch in will make it a nice trail for the neighborhood.
Daniel: Have they done it before Todd?
Hoffman: They did. Do you remember that?
Daniel: I do.
Hoffman: Many years ago.
Daniel: I was trying to remember if was virtually nothing.
Hoffman: Nothing left but that was 15 to 18 years ago.
Daniel: Okay.
Stolar: Then we'll do something trying to help keep it from flowing right down…
Hoffman: Yeah. As planned this is going to be a much more significant installation of
wood chips than the first time around.
Stolar: And I can't remember, I don't think there was anything else that was of major
importance. Oh, the LRT route. They didn't discuss it. They didn't pull it but there was,
and we didn't get anything on that in our packets here today right in the correspondence
section.
Hoffman: Yeah, apologize for that. I'll include it next time around. It was a time line
crunch from Three Rivers on the resolution so I'll include it in your next packet.
Park and Rec Commission - September 26, 2006
29
Stolar: Basically, historically we've allowed snowmobiling and asked for an exemption
to allow snowmobiling along the trail there and I think it was last year you had told us
that this may be the last year because of the development going on and all the activity and
that Todd was right. It is the last year so instead we asked for a 10 year?
Hoffman: 5 year.
Stolar: 5 year usage for cross country skiing, walking, all non-motorized activities all on
the trail during the winter. And that passed on the agenda. Or consent agenda.
Hoffman: It's the south LRT. Three Rivers Park District, unless you apply for a permit
for a specific use will sign the trail, this trail closed in your city by order of your City
Council. One way of getting people to act on these permit applications because that's not
a very popular sign.
Stolar: So, and they'll accept our 5 year usage there so we don't have to revisit it?
Hoffman: We hope so. They have started to accept multi year agreements.
Kelly: Will it be plowed or no?
Hoffman: No.
Kelly: So the plowing still ends pretty much at Pioneer?
Hoffman: At Eden Prairie.
Scharfenberg: Do they groom it?
Hoffman: They won't groom it. We won't groom it. It'll just be left as a walking or
snowshoeing. Whatever the conditions. If it melts… It's a fairly isolated section of trail.
I'm just hesitant to put the dollars of plowing it into a resource that probably won't see the
payback on the usage down in that area. It's fairly isolated and so you're not going to see
a tremendous amount of increased use for your investment and gas and time.
Stolar: I'm sure we might hear from the Snowmobile Association because this is the first,
how many years has it been allowed?
Hoffman: Yeah, through all, since the 60's. Well since the tracks went off in that section
but snowmobiling has been allowed in this city since the 60's. On the trail plan there is
no trail, no snowmobile trail plan and so any, if you see a snowmobile out cruising
around the city, that's a rogue snowmobiler. There's no place to go.
Kelly: Can you really stop the snowmobilers because that's now plowed…
Hoffman: Sure they will, yeah. You'll see a few on there.
Park and Rec Commission - September 26, 2006
30
Stolar: Any other items? Questions about the correspondence section? No? Seeing
none, do we have a motion to adjourn?
Scharfenberg moved, Murphy seconded to adjourn the Park and Recreation
Commission meeting. All voted in favor and the motion carried unanimously.
Submitted by Todd Hoffman
Park and Rec Director
Prepared by Nann Opheim
MEMORANDUM
TO: Paul Oehme, Director of Public Works/City Engineer
FROM: Alyson Fauske, Assistant City Engineer
DATE: October 23, 2006
SUBJ: Approve Development Contract and Construction Plans and Specifications for
Lakeside- Project 06-13
(Simple Majority Vote Required)
The attached development contract incorporates the conditions of approval for the final plat
and construction plans and specifications. A $1,143,324.16 financial security is required to
guarantee compliance with the terms of the development contract relating to the installation of
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 $148,358.08. A breakdown of the cash fee is shown on
page SP-3 of the development contract. No City funds are required for this project.
The applicant has also submitted detailed construction plans and specifications for staff review
and City Council approval. 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.
Staff recommends that the construction plans and specifications for Lakeside dated October 6,
2006, prepared by Pioneer Engineering and the development contract dated October 23, 2006
be approved 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 $1,143,324.16 and pay a cash fee of $148,358.08.
2. The applicant's engineer shall work with City staff in revising the construction plans to
meet City standards.
Attachments: 1. Development Contract dated October 23, 2006.
2. Construction plans and specifications are available for review in the
Engineering Department.
c: Pioneer Engineering
G:\ENG\PROJECTS\K-O\Lakeside (Lakeview Hills site)\approve dc.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
LAKESIDE
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
i
TABLE OF CONTENTS
SPECIAL PROVISIONS PAGE
1. REQUEST FOR PLAT APPROVAL........................................................................SP-1
2. CONDITIONS OF PLAT APPROVAL.....................................................................SP-1
3. DEVELOPMENT PLANS........................................................................................SP-1
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-8
GENERAL CONDITIONS
1. RIGHT TO PROCEED............................................................................................GC-1
2. PHASED DEVELOPMENT....................................................................................GC-1
3. PRELIMINARY PLAT STATUS............................................................................GC-1
4. CHANGES IN OFFICIAL CONTROLS..................................................................GC-1
5. IMPROVEMENTS..................................................................................................GC-1
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
ii
E. Severability...................................................................................................GC-7
F. Building Permits............................................................................................GC-7
G. Waivers/Amendments....................................................................................GC-7
H. Release.........................................................................................................GC-7
I. 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-10
V. Soil Correction............................................................................................GC-10
W. Haul Routes..........................................................................................................GC-10
X. Development Signs...............................................................................................GC-10
Y. Construction Plans................................................................................................GC-10
Z. As-Built Lot Surveys............................................................................................GC-11
SP-1
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LAKESIDE
SPECIAL PROVISIONS
AGREEMENT dated October 23, 2006 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, Sienna Corporation (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
LAKESIDE (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 October 23, 2006, prepared by Pioneer Engineering.
Plan B: Grading, Drainage and Erosion Control Plan dated October 6, 2006, prepared by
Pioneer Engineering.
Plan C: Plans and Specifications for Improvements dated October 6, 2006, prepared by Pioneer
Engineering.
Plan D: Landscape Plan dated May 19, 2006, prepared by Pioneer Engineering.
SP-2
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)
I. 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, 2007. 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 improvements, and construction of all 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 $1,143,324.16. The amount of the security was
calculated as follows:
Site Grading/Erosion Control/Restoration $ 17,700.00
Sanitary Sewer $ 115,540.00
Watermain $ 167,113.00
Storm Sewer, Drainage System, including cleaning and maintenance $ 254,632.00
Streets $ 368,855.00
Sub-total, Construction Costs: $ 923,840.00
Engineering, surveying, and inspection (7% of construction costs) $ 64,668.80
Landscaping (2% of construction costs) $ 18,476.80
Street lights: 27 lights x $1,200.00/light $ 32,400.00
Sub-total, Other Costs: $ 115,545.60
Total Cost of Improvements: $1,039,385.60
110% of Total Cost of Improvements: $1,143,324.16
SP-3
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 financial 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 corners have been installed, (3) all financial 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:
John Vogelbacher
Sienna Corporation
4940 Viking Drive, Suite 608
Edina, MN 55435
Phone: 952-994-2646
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
A $1,143,324.16 letter of credit or escrow for the developer-installed improvements, the
$148,358.08 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:
Administration Fee: (3% of $500,000.00) + (2% of $423,840.00) $23,476.80
Attorney Fee for Review and Recording of Plat and Development Contract: 450.00
GIS Fee: $25 (plat) + ($10/parcel x 28 parcels) 305.00
Surface Water Management Fee: 47,333.00
Park Dedication Fee: (4 units x $5,000/unit) + (11 units x $3,800/unit) 61,800.00
Arterial Collector Fee: 2.8722 developable acres x $2,400.00/acre 6,893.28
Street Lighting Charge (one year of electricity): 27 lights x $300.00/light 8,100.00
Total Cash Fees $ 148,358.08
B. PLANNING DEPARTMENT CONDITIONS OF APPROVAL
SP-4
1. Model permits will be issued for Lots 3 and 4, Block 1 and Lots 1 through 3, Block 2.
2. The developer shall dedicate public access easements over the sidewalks along Lake
Riley Road East and Riley Lake Drive and the trail connection in the northeast corner
of the development, which connect Lyman Boulevard to the Highway 312 underpass
and trail in Eden Prairie
C. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL
1. The owner/operator of the proposed development shall apply for and obtain permits
from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek
Watershed District, Minnesota Pollution Control Agency (NPDES Phase II
Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Minnesota Department of Transportation, Minnesota Department of
Health) and comply with their conditions of approval.
2. The five apartment buildings, bituminous driveways, gravel path and playground on
the site must be removed before building permits will be issued, with the exception of
the model permits.
3. The overflow elevation of the wetland must be at least one foot below the lowest
opening of any adjacent building.
4. The invert elevation of CB 217 must be 895.6 feet or lower.
5. A draintile stub to serve the future lot to the north must be installed at CB 217 with
this phase.
6. The lowest floor elevation of all buildings must be noted on the grading plan.
7. Include the missing 884-foot contour north of Pond 2.
8. Delete the extra 884-foot contour west of Lots 1 through 3, Block 2.
9. The grading plan must be revised to reflect the new driveway orientation to the
underground parking within Building A.
10. A drainage and utility easement is required over the wetland. The easement shall
encompass the wetland, wetland buffer and high water level of the wetland.
11. Pavement grades within the development shall not exceed 10%.
SP-5
12. Ground (i.e. non-paved) surface grades shall not be less than 2% and shall not exceed
3H:1V.
13. High point elevations between the catch basins must be shown along the east side of
Block 2.
14. Staff suggests that the storm sewer west of the retaining wall along the back of the lots
within Block 1 be shifted to the west so that any excavation of this storm pipe will not
undermine.
15. An easement is required from the appropriate property owner for any off-site grading.
16. If importing or exporting material for development of the site is necessary, the
applicant will be required to supply the City with detailed haul routes.
17. Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
18. All retaining walls within a drainage and utility easement require an encroachment
agreement.
19. All sanitary sewer, watermain and storm sewer within this site shall be privately owned
and maintained.
20. Any road closure of Lyman Boulevard due to utility extension must be coordinated
through the Engineering Department at least 10 days prior to the requested closure.
21. The developer must provide ingress/egress to the North Bay residents for the duration
of the utility extension within Lake Riley Road East.
22. The developer’s contractor must contact the City of Chanhassen Construction
Manager, at least 48 hours in advance of connecting to any public utility.
23. The 100-scale utility plan cover sheet must show all proposed utilities the retaining
wall(s).
24. All of the utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates.
25. A preconstruction meeting is required before building permit issuance.
26. Each new lot is subject to the sanitary sewer and water hookup charges. The 2006
trunk hookup charge is $1,575 for sanitary sewer and $4,078 for watermain. Sanitary
sewer and watermain hookup fees may be specially assessed against the parcel at the
SP-6
time of building permit issuance. All of these charges are based on the number of SAC
units assigned by the Met Council and are due at the time of building permit issuance.
27. The 15-foot wide sanitary sewer easement on the northwest side of the property must
be vacated.
28. The developer must have the base course of asphalt in at the following locations by
November 15, 2006: north end of Lot 3, Block 2 to Lake Riley Road East, and north
of Lot 4, Block 1 to Lyman Boulevard.
29. Install pedestrian ramps at all curbs and street crossings of trails and sidewalks.
30. The developer shall pay the $6,893.39 Arterial Collector Fee with the final plat.
D. ENVIRONMENTAL RESOURCES CONDITIONS OF APPROVAL
1. A minimum buffer of 16.5 to 20 feet shall be preserved around the perimeter of the
wetland. All structures (including parking lots) shall maintain a 40-foot setback from
the wetland buffer. All trails and retaining walls shall be modified to remain outside
the wetland buffer. The plans shall be revised to reflect the required wetland buffer
and wetland buffer setback. Wetland buffer areas shall be preserved, surveyed and
staked in accordance with the City’s wetland ordinance. The applicant shall install
wetland buffer edge signs before construction begins and shall pay the City $20 per
sign.
2. All structures shall be located a minimum of 75 feet from the ordinary high water,
OHW (865.3), of Lake Riley. The proposed fire pit shall be located a minimum of 75
feet from the OHW and shall be buffered from the lake by vegetation. No grading or
intensive clearing of vegetation shall occur within the shore impact zone (all areas
within 37.5 feet of the OHW).
3. All existing amenities and/or structures (including any docks, existing beach that is not
proposed to remain and the boat launch) on Outlot I, Lakeside, shall be removed. A
boat launch is not permitted.
4. The applicant shall supply details about the water feature between the rear yards of the
units proposed for Outlots F and H, specifically the source for the water in the water
feature. As an alternative to the current proposal, the applicant should consider
revising the plans to utilize storm water as an amenity as part of a rain garden system
in this area.
5. All storm water infrastructure, including catch basins, storm sewer pipes, manholes,
flared-end sections, outlet structures, ponds and swales, shall be owned, operated and
maintained by the developer and, eventually, the homeowners association. Prior to
SP-7
final plat recording, the developer shall enter into an agreement with the City that
outlines the parameters of operation, inspection and maintenance of the storm water
infrastructure. This agreement shall be transferred to the homeowners association
prior to the developer relinquishing responsibility for the development.
6. The SWPPP should be revised to include the grading plan, erosion and sediment
control plan.
7. A stable emergency overflow (EOF) for the pond shall be provided. The EOF could
consist of riprap and geotextile fabric or a turf re-enforcement mat (a permanent
erosion control blanket). A typical detail shall be included in the plan.
8. Energy dissipation shall be provided for all inlets and outlets within 24 hours of
installation.
9. Wimco-type or other comparable inlet controls shall be used and installed within 24
hours of installation of the inlets. Perimeter controls and inlet protection shall be in
place and maintained as needed until 70% of the vegetation is established.
10. Typical building lot controls shall be shown on the plan in a typical detail. These
controls shall include perimeter controls (silt fence), rock driveways, street sweeping,
inlet control and temporary mulch after final grade and prior to issuing the Certificate
of Occupancy (CO).
11. Silt fence shall be placed at the proposed high water level elevation of the proposed
storm water pond.
12. Street gutters and catch basins are considered “surface waters” and shall be protected
from exposed soils with a positive slope within 200 linear feet. Following installation
of curb and gutter, silt fence shall be installed curbside along all positive slopes to the
street with exposed soils.
13. Plans shall be revised to show erosion and sediment control measures for the road
ditch along Lyman Boulevard. All perimeter controls shall be inspected by the city and
the SWCD prior to grading.
14. Details for concrete washout areas where drivers will wash out their trucks and how
the water will be treated should be developed and included in the SWPPP.
15. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as needed.
SP-8
16. The SWMP fee for Lakeside – Phase I (including Lots 1-5, Block 1; Lots 1-12, Block
2; Lot 1, Block 3; and Outlots A, I and J, with credits assigned accordingly) is
$47,333.00.
17. The developer shall provide additional details regarding Pond 2 including the intended
purpose of the pond and elevation of the proposed flared end section.
E. CITY FORESTOR CONDITIONS OF APPROVAL
1. Tree protection fencing shall be installed prior to construction around all areas
designated for preservation and/or at the edge of proposed grading limits.
2. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
3. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
4. No trees shall be removed behind the northwestern corner of the silt fence as shown
on grading plans dated 05/19/06.
5. A total of 139 trees shall be planted in the development as required for canopy
coverage.
F. PARKS AND RECREATION DEPARTMENT CONDITIONS OF APPROVAL
1. The developer shall pay $61,800.00 park dedication fees for the first phase of the
development prior to final plat recording in lieu of parkland dedication.
2. The applicant shall provide all design, engineering, construction and testing services
required of the “Lyman Boulevard Trail.” All construction documents shall be delivered
to the Park and Recreation Director and City Engineer for approval prior to the initiation
of each phase of construction. The trail shall be 10 feet in width, surfaced with bituminous
material, and constructed to meet all city specifications. The applicant shall be reimbursed
for the actual cost of construction materials for the Lyman Boulevard Trail. This
reimbursement payment shall be made upon completion and acceptance of the trail and
receipt of an invoice documenting the actual costs for the construction materials utilized in
its construction.
3. The trail connection at the northeast corner of the site connecting the Lakeside area to the
future Highway 212 trail and underpass, as depicted in the applicant’s plans, shall be
installed with the first phase of the development.
SP-9
9. General Conditions. The general conditions of this Contract are attached as Exhibit
"B" and incorporated herein.
SP-10
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
Sienna Corporation:
BY:
John Vogelbacher, Vice President
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2005, 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 ,
2005, by John Vogelbacher of Sienna Corporation, 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
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
LEGAL DESCRIPTION.
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
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
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 (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on
sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________,
2______, of (Name of Bank) ";
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November
30, 2______.
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, International 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 ______________________________
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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 final 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 final 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 final platted shall lapse and be void unless final 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 of this 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 engineer furnished to the City
and approved by the City Engineer. The Developer shall obtain all necessary permits from the
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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. § 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.
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
GC-3
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City
Code § 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 of the plat improvements. The park dedication fees shall be the current amount in
force at the time of final 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 (2½) 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 occupancy is requested, a
financial 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
GC-4
must be complied with by the following July 1st. 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 financial 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 final 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 final 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 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 of these 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
GC-5
plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs
the final 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 final 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 (2½%) of construction costs for the first $1,000,000 and
one and one-half percent (1½%) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based upon
actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
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 21E 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
GC-6
approval and development. The Developer shall indemnify the City and its officers and employees for
all costs, damages, or expenses which the City may pay or 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 may or 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 final 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.
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.
GC-7
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 storm 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.
I. 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
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.
GC-8
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. Assignability. 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 of the permitted
construction hours, the Developer shall pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations 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 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 final acceptance of the
streets by the City.
GC-9
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 Systems. 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.
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
GC-10
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.
The 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 final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 11”x17” 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 final plat in electronic
format.
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
MEMORANDUM
TO: Paul Oehme, City Engineer/Public Works Director
FROM: Alyson Fauske, Assistant City Engineer
DATE: October 23, 2006
SUBJECT: Approve Assignment of Development Contract for Orchard Green-
Project No. 06-04 (Simple Majority Vote Required)
On February 13, 2006, City Council approved the development contract for
Orchard Green. The developer has requested that the development contract be
assigned to Reverence, LLC, owner of the property.
The developer has met the terms of Paragraph 8, Part A, having paid the
$44,937.50 cash fee on March 28, 2006.
Reverence, LLC has submitted a cash escrow in the amount of $4,000.00 and the
$46 recording fee has been submitted.
The fully executed Mortgage Holder Consent to Assignment of Development
Contract has been submitted.
RECOMMENDATION
Staff recommends that City Council approve the assignment of the development,
subject to the following condition:
The conditions of approval stipulated in the February 13, 2006
development contract remain as stated, with the exception of Paragraph 8,
Part A regarding payment of cash fees.
Attachment: Assignment of Development Contract
c: Peter Knaeble
Tom W. Raymond, Reverence LLC
G:\ENG\PROJECTS\K-O\Orchard Green\Assign DC 10-23-06.doc
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Karen J. Engelhardt, Office Manager
DATE: October 12, 2006
SUBJ: Set Special Meeting Date, Canvass Election Results
The City Council, sitting as the Canvass Review Board, is required to canvass
the results of the November 7, 2006 election. This must be completed before
Carver County conducts the county-wide canvass on Monday, November 13 at
1 p.m.
RECOMMENDATION
Staff recommends that the City Council set a special meeting date of Thursday,
November 9, 2006 at 5 p.m. in the Fountain Conference Room to canvass the
local election results.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: October 23, 2006 RESOLUTION NO: 2006-
MOTION BY: SECONDED BY:
A RESOLUTION PROCLAIMING TUESDAY, NOVEMBER 14, 2006 AS
NATIONAL COMMUNITY EDUCATION DAY IN DISTRICT 112, SERVING
THE CITIES OF CARVER, CHANHASSEN, CHASKA, AND VICTORIA
WHEREAS, the public school system — open evenings, weekends, and during
the summer—is a focal point for community activities, services, and resident
involvement; and
WHEREAS, lifelong learning experiences for all residents, regardless of age, is a
foundation of community education; and
WHEREAS, Community Education fosters partnerships with other organizations
and agencies to provide lifelong learning experiences for every member of the
community, from early childhood to the elderly; from those learning English to those
learning computer skills; and
WHEREAS, Community Education positively affects the quality of life in our
city; and
WHEREAS, the citizens of Chanhassen recognizes Community Education’s role
in meeting the educational, health, social, cultural, recreational, and involvement needs of
the general public; and
WHEREAS, the theme of National Community Education Day in 2006 is
“Community Education Builds Better Communities”;
THEREFORE, BE IT RESOLVED THAT:
I, Tom Furlong, Mayor of Chanhassen, Minnesota, do proclaim Tuesday, November 14,
2006 as COMMUNITY EDUCTION DAY in the City of Chanhassen.
I call upon our citizens to observe COMMUNITY EDUCATION DAY by supporting
community education in our city.
Passed and adopted by the Chanhassen City Council this 23rd day of October, 2006.
ATTEST:
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
YES NO ABSENT