CC Packet 2006 11 13AGENDA
CHANHASSEN CITY COUNCIL
MONDAY, NOVEMBER 13, 2006
CHANHASSEN MUNICIPAL BUILDING, 7700 MARKET BOULEVARD
5:30 P.M. - CITY COUNCIL WORK SESSION, FOUNTAIN CONFERENCE ROOM
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.
A. Discuss the Local Board of Appeals and Equalization Process.
B. Review of 2006 Work Plan & Presentation of 2007 Work Plan for the Sheriff's
Department.
C. 2007 Budget Presentations:
1) Fire Department Budget Presentation
2) Public Works Department
3) Finance Department
D. Discussion of City Manager's Performance Review Process.
6:30 P.M. – REGULAR MEETING, CITY COUNCIL CHAMBERS
CALL TO ORDER (Pledge of Allegiance)
PUBLIC ANNOUNCEMENTS
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 23, 2006
- City Council Summary Minutes dated October 23, 2006
- City Council Verbatim Minutes dated October 23, 2006
Receive Commission Minutes:
- Park & Recreation Commission Summary Minutes dated October 24, 2006
- Park & Recreation Commission Verbatim Minutes dated October 24, 2006
b. Zumbro River Constructors Interim Use Permit for 1425 Bluff Creek Drive - Brad
Moe and Harold Hesse Property.
c. 2006 Sanitary Sewer Rehabilitation Project No. 06-11 & PW254B:
1) Award Construction Contract for Infiltration/Inflow (I/I) Project
2) Approve Agreement with Metropolitan Council
d. TH 101 GAP Project:
1) Approve Amendment to State Loan Agreement
2) Approve Cooperative Agreement
e. Koehnen Area/Yosemite Avenue Road Improvement Project No. 07-01: Order
Preparation of and Accept Feasibility Report; Call Public Hearing.
f. Award Contract, Non-Degradation Plan.
g. Tanadoona Drive/Dogwood Road Improvement Project No. 06-06: Order
Preparation of Feasibility Report.
h. Lakeside Project 06-13: Approve Changes to Development Contract.
i. TH 312/212 Project 03-09: Approve TH 212 Change Order with MnDOT:
Sanitary Sewer Extension to the Future Fire Station on Lyman Boulevard.
j. Boulder Cove Project No. 06-15: Extend Time to File Development Contract and
Final Plat Mylars.
k. MUSA Expansion Project No. 06-05: Approve Change Order #1.
VISITOR PRESENTATIONS
PUBLIC HEARINGS
2. Request for an On-Sale Beer & Wine License, 7765 Century Boulevard, Las Tablitas
Mexican Food, Alfono V. Carrillo.
UNFINISHED BUSINESS - None
NEW BUSINESS - None
COUNCIL PRESENTATIONS
ADMINISTRATIVE PRESENTATIONS
CORRESPONDENCE DISCUSSION
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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MEMORANDUM
TO: Mayor
City Council
FROM: Greg Sticha, Finance Director
DATE: November 13, 2006
SUBJ: 2007 Finance Budget Review
The 2007 Finance Department budget has a total increase of only 2.4%. This
budget reflects only one significant dollar increase in travel and training. Listed
below are the significant or larger changes:
4300 - Professional Services had a slight increase in 2007. We went out for RFP
on Audit and Accounting Services. Based on the new audit contract signed and
the efforts of the finance department to do more of the accounting service work
internally in 2007, it is our hope that the actual dollars spent on these line items
will be in line with the budget for 2007.
4370 – The Travel and Training Budget increase is for a request from one of the
accounting clerks to continue her education and obtain her bachelors degree in
accounting. The request has been approved and reimbursement will follow the
city’s policy for tuition reimbursement.
11
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CHANHASSEN CITY COUNCIL
WORK SESSION
OCTOBER 23, 2006
Mayor Furlong called the meeting to order at 8:10 p.m.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Tjornhom, Councilman
Peterson and Councilman Lundquist
STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Todd Hoffman, Greg Sticha, Richard
Rice and Paul Oehme
UPDATE ON OFF-LEASH DOG PARK, MINNEWASHTA REGIONAL PARK, MARTY
WALSH, CARVER COUNTY PARKS DIRECTOR.
Todd Hoffman introduced Marty Walsh, Carver County Parks Director who provided
background information on the role of the Carver County Parks Agency and background
information on the topic of the desire for an off-leash dog park somewhere in the county. He
showed a map of the proposed off-leash dog park area in Lake Minnewashta Regional Park and
discussed funding issues at a county level which has been geared more towards land acquisition
than park development. Because of the financial situation, Mr. Walsh approached cities such as
Chanhassen, Shorewood, and Victoria looking for a financial partnership. He outlined the
proposal he will be bringing back to the cities with refined dollar amounts and agreements.
Councilman Peterson asked for clarification of the costs. Mr. Walsh explained that the $40,000-
$45,000 will cover the cost of fencing, parking lot and trail improvements. Labor will be
provided in-house by county park maintenance crews, with a total project cost of approximately
$80,000 to $85,000. Mayor Furlong clarified that Chanhassen's contribution of $30,000 would
be about 30% of the total project cost. Councilman Peterson asked about a possible cost savings
if the entire area is not fenced. Marty Walsh explained the problems associated with dogs
needing to be separated from people using the adjacent trail system and wildlife in the area.
Mayor Furlong asked for clarification on the number of parking spots and fees associated with
the park. Todd Gerhardt explained that Three Rivers Parks has dropped gate fees but
implemented user fees for activities such as boat launching, cross country skiing and off-leash
dog park. Mayor Furlong stated he would advocate free use by Chanhassen and Shorewood
residents. Marty Walsh explained the difficulties of enforcement. Todd Hoffman noted a plaque
will be installed recognizing the agencies involved with the project. City Council members
expressed support for moving ahead with the funding of $30,000, which has been in the budget
for the past 2 years. Mayor Furlong asked that the County continue to be cost conscious as they
more forward with the project.
2007 BUDGET PRESENTATIONS:
City Council Work Session - October 23, 2006
2
PARK & RECREATION DEPARTMENT.
Todd Hoffman gave a power point presentation reviewing the proposed numbers for 2007 and
comparisons to 2006 for revenues and expenditures in the following areas: administrative,
recreation programming, Rec Center, Senior Center and park maintenance. Possible 10% cuts
would include eliminating summer discovery playground, rink attendants and warming houses,
Lake Ann lifeguard program, special event programs and/or winter snow removal on trails for a
total of $162,000. Councilman Lundquist asked what affect Lifetime Fitness has had on the Rec
Center's revenues. Todd Hoffman explained that it's down about 25% and staff is looking at
possible uses for unused space and reviewing meeting room demand. Mayor Furlong asked for
clarification of skate park dollars, (2006 versus 2007 numbers). He requested that in future
presentations the actual dollar amounts be included in the pie charts, and asked about the deficit
numbers associated with revenues at the Rec Center and self supporting programs. Todd
Hoffman reviewed the revenue and fee structure for the Rec Center in relation to other entities
such as the Chaska Community Center.
ADMINISTRATION BUDGET.
Laurie Hokkanen reviewed the proposed expenditures associated with the following divisions of
the Administrative Department: legislative, general administration, legal, assessing, MIS, City
Hall, elections, library building, Community Service Officer, crime prevention and police
administration. Possible 10% cuts would include eliminating one part-time CSO position and/or
the establishment of franchise fees on utilities. Richard Rice explained proposed upgrades in the
city's computer software and hardware.
Mayor Furlong adjourned the work session meeting at 9:30 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMAR MINUTES
OCTOBER 23, 2006
Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Lundquist, Councilwoman
Tjornhom and Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Roger Knutson, Todd Hoffman, Paul Oehme, Laurie
Hokkanen, and Sharmeen Al-Jaff
PUBLIC PRESENT FOR ALL ITEMS:
Barbara, Stephanie & Samantha Jacoby 8516 Great Plains Boulevard
Ashley Kerber 721 Sierra Trail
Tori Buelow 9450 Foxford Road
Chelsey Murphy 404 Cimarron Circle
Amanda Lorinser 2615 Schuller Court
Mike Delsing 7215 Pontiac Circle
Adam Lindemeier 6250 Chads Lane
Adam Baker 8366 Grace Court
Joe Jeurisssen 1225 79 1/2 Street, Victoria
Mya Scorlato 3096 Georganna Drive, Chaska
Linda Sohn 684 August Drive, Chaska
PUBLIC ANNOUNCEMENTS: PRESENTATION OF MAPLE LEAF AWARD,
FORMER COUNCILMAN STEVE LABATT. Mayor Furlong presented the Maple Leaf
award to former Councilman Steve Labatt for his 11 years of service to the City of Chanhassen
as city council member and public safety commissioner.
INVITATION TO HALLOWEEN PARTY. Mayor Furlong read an invitation to all residents
to attend the annual Halloween Party which will be held Saturday, October 28th at the
Chanhassen Rec Center.
CONSENT AGENDA: 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 October 9, 2006
-City Council Verbatim & Summary Minutes dated October 9, 2006
City Council Summary - October 23, 2006
2
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated October 3, 2006
-Park and Recreation Commission Verbatim & Summary Minutes dated September 26,
2006
c. Lakeside Development, 125 Lakeview Road, Sienna Corporation:
1) Final Plat Approval with Variance from the Subdivision Ordinance
2) Approval of Development Contract and Construction Plans & Specifications
d. Orchard Green: Approve Development Contract Assignment.
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, 5:00 p.m.
h. Resolution #2006-75: Certification of Delinquent Utility Accounts.
i. Resolution #2006-76: Resolution Proclaiming November 14, 2006 as National
Community Education Day.
j. Resolution #2006-77: Approval of Resolution Approving the Contamination Clean-up
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.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
L. APPROVAL OF AMENDMENT TO FIRE DEPARTMENT RELIEF
ASSOCIATION PENSION PLAN.
Councilman Lundquist moved, Mayor Furlong seconded to table approval of the
amendment to the Fire Department Relief Association Pension Plan. All voted in favor and
the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS: None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Chief Greg Geske presented the
update from the Fire Department for the month of September. Councilwoman Tjornhom
City Council Summary - October 23, 2006
3
commended the fire department on their quick and professional response to a car fire in her
church parking lot.
GOLF ZONE, 825 FLYING CLOUD DRIVE, APPLICANT JEFF HELSTROM:
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.
Sharmeen Al-Jaff presented the staff report and Planning Commission update on this item.
Councilman Lundquist asked for clarification on the zoning surrounding this site, i.e. motel and
nursery and the process for extending the interim use permit. Councilwoman Tjornhom asked
for clarification of staff's comment regarding the permanency of the building. Councilman
Peterson asked if the City Council could place conditions to upgrade the façade of the buildings
should the applicant apply for an extension of the interim use permit in 2020. Mayor Furlong
asked for clarification on the size of the structure. The applicant, Jeff Helstrom provided
historical information and the reasons for his request. After council comments, the following
motion was made.
Councilman Lundquist moved, Councilman Peterson seconded that the City Council
approves 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 request for the use of steel paneling as the
primary exterior material on property located in the Agricultural Estate (A-2) 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 and adopting the findings of fact, with the
following conditions:
1. The eastern wall of the proposed building lies over the well. Verify the location of the well.
Per Minnesota State Statute 4725.2185, walls must be minimum three feet horizontally from
the farthest exterior projection of a building, including walls, roofs, decks and overhangs.
Refer to Minnesota State Statute 4725.2175 for requirements to house a well within a
structure.
2. Note the top of curb elevation of the parking area north of the proposed building. Verify that
the proposed grade in this area will not exceed 3H:1V.
3. Show the proposed pedestrian access to the new building.
4. Note what the existing structure is west of the building and include a note whether this
structure is to remain or will be removed.
5. Note the FFE of the existing building.
6. Delete or update the note on the plans that state the FFE of the 1st and 2nd office buildings.
City Council Summary - October 23, 2006
4
7. Permits must be obtained for the construction of, alteration of, or occupancy use changes to
any buildings on the site.
8. The on-site sewage treatment system must be of complying design and of sufficient
capability for the existing and proposed facility. An assessment of the existing individual
sewage treatment system must be provided, in the permit application documents, verifying
that the existing system is of sufficient capacity for the additional usage or a design
increasing the system capacity must be provided. Such assessment and/or design to be by a
licensed ISTS designer.
9. The applicant shall install a rain garden within the proposed swale on the north and west
sides of the proposed addition. Plantings to be incorporated include trees, shrubs and
perennials. A revised landscape plan shall be submitted to the city for approval. Note the
proposed spot elevations along the rock swale.
10. The floor plan must be revised to show ten 5’ x 8’ windows, two 5’ x 5’ windows and three
4’ x 4’ windows on the northern façade and the exterior elevations must be revise to show
four 5’ x 5’ windows on the western façade.
11. Any rooftop mechanical equipment must be screened from public view.
12. A trash enclosure must be shown on the site plan.
13. One additional parking stall is required.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS: Councilman Lundquist thanked staff for the tour of the water
treatment plant.
ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt provided an update on the work
session following the regular meeting and informed the council of a meeting being held with the
Riley-Purgatory-Bluff Creek Watershed District to talk about the Bluff Creek study on Monday,
November 20th.
CORRESPONDENCE DISCUSSION. None.
Councilman Lundquist moved, Councilman Peterson seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council
meeting was adjourned at 8:00 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CHANHASSEN CITY COUNCIL
REGULAR MEETING
OCTOBER 23, 2006
Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Lundquist, Councilwoman
Tjornhom and Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Roger Knutson, Todd Hoffman, Paul Oehme, Laurie
Hokkanen, and Sharmeen Al-Jaff
PUBLIC PRESENT FOR ALL ITEMS:
Barbara, Stephanie & Samantha Jacoby 8516 Great Plains Boulevard
Ashley Kerber 721 Sierra Trail
Tori Buelow 9450 Foxford Road
Chelsey Murphy 404 Cimarron Circle
Amanda Lorinser 2615 Schuller Court
Mike Delsing 7215 Pontiac Circle
Adam Lindemeier 6250 Chads Lane
Adam Baker 8366 Grace Court
Joe Jeurisssen 1225 79 1/2 Street, Victoria
Mya Scorlato 3096 Georganna Drive, Chaska
Linda Sohn 684 August Drive, Chaska
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: Thank you and welcome. Appreciate those of you that joined us here this
evening and for those watching at home as well. We're glad that you joined us. At this time I
guess I would like to ask if there are any additions or modifications to the agenda that was
distributed with the council packet, absent any objections we'll proceed with that as distributed.
We have a couple public announcements this evening. I'd like to start with the presentation of a
Maple Leaf Award to former council member Steve Labatt. Steve, why don't you join Todd and
me up front.
PRESENTATION OF MAPLE LEAF AWARD, FORMER COUNCILMAN STEVE
LABATT.
Mayor Furlong: Well good evening. It's a pleasure this evening to honor Councilman Steve
Labatt for his service to the City of Chanhassen. Service commitment that lasted over 11 years.
Steve's service began where his passion laid. Chanhassen Public Safety and how law
enforcement was administered within our city. Using your skills Steve and knowledge as a
Hennepin County investigator, you were a staunch public safety advocate serving as a public
safety commissioner from '95 to '98. On our law enforcement task force in 1999 and then
City Council Meeting - October 23, 2006
2
throughout your time on the City Council. You should be very proud of your efforts in those
areas Steve. Chanhassen is a safe city. On all of our community surveys clearly reflect that our
residents feel safe. We sincerely appreciate your role Steve in helping to keep us safe. Steve
also served on the Chanhassen City Council as a member through 8 years. 1999 through 2006.
During your term you provided leadership to many projects and policies that have improved our
city and the high quality of life that we enjoy. Some of these projects that Steve was involved in
include the construction of the new Chanhassen library, numerous redevelopment projects in our
downtown area and commercial and residential developments throughout the city, construction
of our city's first water treatment plant, City Center Park, miles of new roads and reconstructed
roads, trails expanded and refurbish parks throughout the city and develop sound fiscal policies
and budgets during tight financial times. You should be very proud Steve in the service to
Chanhassen, all that you've accomplished. We thank you for your outstanding leadership,
service and dedication to the City of Chanhassen. We're going to miss you and your talents and
skills, and most of all the fun times that we had. Thank you very much. Again with Todd and
the rest of the council I'd like to present to you this Maple Leaf Award recognizing your service
on the City Council, Law Enforcement Task Force, Public Safety Commissioner. So
congratulations.
Steve Labatt: Thanks again.
Mayor Furlong: What to say anything?
Steve Labatt: Well sure. I have time for a couple words.
Mayor Furlong: We've got time. It's a light agenda tonight.
Steve Labatt: Is it? Oh, okay. No, it is, has been an honor to serve this city for 11 years. When
you look at 11 years and that's a third or fourth of somebody's lifetime so you know, some of the
memories that I have were mentioned. The library was a big one for me. Water treatment and
some of the roads. But I think most importantly was the meeting that Craig and I had with Todd
when we hired him. So that, I get emotional over this. It was a fun day. Fun. We sat there and
interviewed Todd and looked at each other and thought boy, you know what do we need to do to
get Todd to be the man. And it's been an honor to work with you and your staff and the council.
You've got a great group of people working here. You've got a heck of a mayor. I'd like to
see…4 years. I served 3 different mayors and boy I can say Tom, you're the best. You were the
best. Not to say anything about Nancy or Linda in any way but you know it is, every meeting
was fun. We left friends. We came as friends and I remember the first time I met you up here
when I challenged you, if you don't like something get involved or something. And you heard
the charge and it was a fun, fun tenure with you as the leader. Craig, you're analytical thinking at
times you always looked at the other side of things. You just brought a good balance to the City
Council. Bethany, you've got a good head on your shoulders. Keep going. Keep on track of
that. And Brian, you know I can remember the first when I met Brian. We were sitting across
from each other as opponents 4 years ago. Battling out the issues. And came in number one and
two. I was one. But I know it's a little, you know when you're going and you're facing an
opponent like Brian, he's got a great head on his shoulders. What's neat about Brian is he comes
City Council Meeting - October 23, 2006
3
from a whole different area than I do in business and that line so, I wish you the best in your run
for commissioner.
Councilman Lundquist: Appreciate it.
Steve Labatt: Wherever you land, you're going to be great.
Councilman Peterson: Write him a letter.
Steve Labatt: I'd love to.
Councilman Lundquist: You just did.
Steve Labatt: You know we battled through those two debates. One here and one at Family of
Christ and it was the first couple meetings was feeling each other out but the bottom line is, we
got a lot of good things accomplished. You brought in some great things on the budget. It's been
a great 3 1/2 years with you. I appreciate your friendship. Hunting stories. That's what's neat
about this council is we came to meetings. We joked around. We were friends. When we left,
no matter how the votes went, we came back the next week and we never hold any grudges. And
several years ago, previous to all these people, there were grudges held and you look at what you
read in the paper about Red Wing and Maplewood and Vandais Heights and all these other
turmoils in cities, this city is blessed to have leaders like you 4 now. And glad you're running
unopposed.
Mayor Furlong: Thank you. So is my wife.
Steve Labatt: Thank you. Roger, thank you.
Roger Knutson: Steve.
Councilwoman Tjornhom: Thank you Steve.
INVITATION TO HALLOWEEN PARTY.
Mayor Furlong: We have one more public announcement this evening regarding the Halloween
party this coming Saturday, October 28th. Every fall the City of Chanhassen in cooperation with
our local businesses is proud to sponsor the Halloween Party. This event will be held on
Saturday, October 28th. At this time I would invite all area residents, families, parents,
grandparents, grandchildren to come to the Chanhassen Rec Center for the event. The event is
for children ages 2 through 10 are invited to participate. The event begins at 5:30 and runs til
7:30. Activities are going to include children's entertainment featuring the Spooky and Scary
Magic Show. Trick and treating. Hay rides. Children's games. Haunted areas and other fun
events. Pre-registration is required by this Friday the 27th at City Hall, or at the Chanhassen Rec
Center so I encourage you to do that. There is a $4 per child fee. Adults are free. It's a lot of
fun. Our Park and Rec Commission gets very involved in that. If you haven't been out there or
City Council Meeting - October 23, 2006
4
are interested, I would encourage you to come and look forward to seeing that be a very
successful event. At this point we'll move on with our agenda.
CONSENT AGENDA:
Councilman Lundquist: Mr. Mayor, I would like to remove item 1(l).
Mayor Furlong: Okay. Is there a long discussion? Want to bring it up under old business or
immediately after.
Councilman Lundquist: Immediately after.
Mayor Furlong: Alright, without objection. Any other items on the consent agenda? If not then,
is there a motion to adopt items 1(a) through (k) as included in the consent agenda and staff
recommendation.
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 October 9, 2006
-City Council Verbatim & Summary Minutes dated October 9, 2006
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated October 3, 2006
-Park and Recreation Commission Verbatim & Summary Minutes dated September 26,
2006
c. Lakeside Development, 125 Lakeview Road, Sienna Corporation:
1) Final Plat Approval with Variance from the Subdivision Ordinance
2) Approval of Development Contract and Construction Plans & Specifications
d. Orchard Green: Approve Development Contract Assignment.
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, 5:00 p.m.
h. Resolution #2006-75: Certification of Delinquent Utility Accounts.
City Council Meeting - October 23, 2006
5
i. Resolution #2006-76: Resolution Proclaiming November 14, 2006 as National
Community Education Day.
j. Resolution #2006-77: Approval of Resolution Approving the Contamination Clean-up
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.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
L. APPROVAL OF AMENDMENT TO FIRE DEPARTMENT RELIEF
ASSOCIATION PENSION PLAN.
Councilman Lundquist: Mr. Mayor, at the request of several of the affected members of item
1(l), I would like to table that item for further discussion and data.
Mayor Furlong: Okay, I'll second that motion.
Councilman Lundquist moved, Mayor Furlong seconded to table approval of the
amendment to the Fire Department Relief Association Pension Plan. All voted in favor and
the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS: None.
LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE.
Mayor Furlong: This evening we have our monthly updates from our Carver County Sheriff's
department and our fire department. Sergeant Gullickson is not present this evening. There was
information distributed with the council packet. I don't know if there are any questions that we
can relay to Mr., Sergeant Gullickson through Mr. Gerhardt at this point or we can contact him
directly if we have questions.
Todd Gerhardt: Yeah, just email me or call me. I'll follow up on them.
Mayor Furlong: Thank you. At this time I'd like to invite Chief Greg Geske from our
Chanhassen Fire Department.
Chief Greg Geske: Good evening. This evening it's an abbreviated, not much on the agenda
tonight. I don't have a whole lot either. It's been quiet. We did have a successful open house.
We probably had about 1,000 people attend. I don't know what we do with the weather gods but
fortunately out of about 10 not nice days we ended up with a beautiful day for our open house so
it went real well. We probably also had 13 kids that we put through our fire prevention program.
As our Fire Marshal had mentioned in the update, you know it used to be fire prevention week
and I think we're up to fire prevention month with all the kids we go through and stuff and the
City Council Meeting - October 23, 2006
6
classes they go through but everything went real successful with that. Again we're appreciative
for all the people we have signed up for that. We had a pre-build meeting for our new engine.
We had people from our truck committee go out to South Dakota and meet with them on the
points and stuff of the new engine. We also had the new Chief from Excelsior Fire District
contacted us and would like to meet with us. Always trying to maintain good relationships with
the area fire departments and stuff so he's contacted us about meeting up with them.
Mayor Furlong: Have you ever met with him before?
Councilman Lundquist: And you know him pretty good too huh?
Chief Greg Geske: Yeah, we know him pretty good. Because he was in charge of the Carver
County Emergency department and also Assistant Chief on Chaska so we know him very well so
we'll be getting together with them and meeting with them. I do want to remind people, because
we will have ice forming on the lakes, we've got ice training coming up next month but be
careful with watching the small kids and stuff out by the ice. As much as we like to do the
training, we don't care to get called out for calls like that so, that's about all I have. Any
questions?
Mayor Furlong: Any questions?
Councilwoman Tjornhom: I don't have a question but I have a comment.
Chief Greg Geske: Sure.
Councilwoman Tjornhom: Last Sunday I think it was, maybe 2 Sundays ago I was at church and
there was a car fire in the parking lot and I was amazed at how quickly you got there. You know
I pulled in the parking lot and there was a little smoke and then all of a sudden this huge fire
truck came weaving in with all these people walking around and all the commotion and then of
course the car was totally engulfed in flames but I mean you handled it so well. How you got
there quickly and didn't disturb anything that was going on around the premises and took care of
it.
Chief Greg Geske: As mentioned in the Villager, we'd like to thank the unknown person that
hooked onto it and pulled it away from the other cars because that's one of the things we worry
about for fires is the exposure so somebody was nice enough to grab ahold of it before it was
fully engulfed and pull it out away from the other vehicles but just so it worked out as we were
already setting up for open house on that Sunday morning so we had a station full of fire fighters
that were actually…
Councilwoman Tjornhom: That was a good time.
Chief Greg Geske: When we're there we really respond quick but thanks for noting that.
Anything else?
City Council Meeting - October 23, 2006
7
Mayor Furlong: No. I just comments on the open house. I know I was there and others were
too. It was well done as usual so I want to extend our thanks to all the members of the fire
department and all the retirees who come out in force to help out and really put on a good show.
And so I know it was well received. I heard a number of comments from people in the gallery,
how much fun they had so.
Chief Greg Geske: It's doing it every year, we do a pretty good job in making minutes on it so I
think our ice cream came down to a half gallon left and we were out of cones and likewise on
the, went a little long on the hot dogs but other than that, like I say it was a great day and we got
lots of good comments back too. Thank you.
GOLF ZONE, 825 FLYING CLOUD DRIVE, APPLICANT JEFF HELSTROM:
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.
Sharmeen Al-Jaff: Good evening Mayor Furlong, members of the City Council. The site is
located south of Highway 212 west of Highway 101. It has approximately an area of 90 acres.
Of those 90 acres, there are 6 acres that are upland. The site is currently zoned agricultural estate
district. It is occupied by a building and a driving range. This is an interim use permit in the
agricultural estate district. The applicant is requesting is to increase the size of the club house
from approximately 1,000 square feet to a little over 11,000 square feet. This will require 2
variances. The first variance deals with the size of the building. This district and within golf
ranges, the maximum size of a building may not exceed 800 square feet. With this request the
applicant is requesting to increase the size to 11,000 square feet. The second request deals with
the exterior materials of the building. The city code allows primary exterior materials to be, to
consist of either brick, stone, glass, masonry, wood, or tilt-up concrete panels that are grid or
brick like in appearance. What the applicant is proposing is metal and this would be the exterior
material on the building. This material would require a variance under our city code
requirements. With this request there are a few issues that we need to point out. The first one
basically deals with our comprehensive plan. It is city staff's intent to study the corridor along
101 as we update the comprehensive plan. The intent is to complete this study by 2008. One of
the things that we intend to look at is, are there any higher and better uses of this site. As I
mentioned earlier, currently it is zoned agriculture and currently it is guided large lot and open
space. We believe that the 6 acres, the upland 6 acres could have a higher and better use. One of
the other things that we are looking at is, as I mentioned, the 101 corridor. Part of the
comprehensive plan will look at this Highway 101 realignment which could impact this specific
site. We also need to look at the materials along the exterior of this building. With the proposed
expansion and with the investment that the applicant is putting into this building, is this
beginning to turn into a permanent building or is it still going to be discontinued? The use will
be discontinued in the year 2020 when this interim use is proposed to expire. Third, if this
building does become a permanent building, then the question that we ask ourselves is, with the
metal exterior on this building, will we be able to have a design that will be compatible with
potentially new buildings along the 101 corridor. So these are just issues that we wanted to
present to you. Bring it to your attention. The Planning Commission did vote on this application
and recommended denial with a vote of 4-3. Staff did prepare 3 recommendations for you. The
City Council Meeting - October 23, 2006
8
first one is a denial recommendation of the request. The second one, motion B would
recommend approval of the building square footage and deny the building material. And the
third motion, which is motion C recommends approval of both variances. The square footage as
well as the exterior materials on the building. And with that I'll be happy to answer any
questions you might have.
Mayor Furlong: Okay, thank you. Questions for staff.
Councilman Lundquist: Sharmeen, the other uses that are around that area now, are they
permanent? The nursery or whatever that is across the street from the site. And the motel thing
that's over there. Are those?
Sharmeen Al-Jaff: They are conditional uses.
Councilman Lundquist: Conditional uses.
Sharmeen Al-Jaff: Correct, and we do intend to look at those uses as well. As part of the overall
study but they are conditional uses and yes, they are, they are a different zoning district.
Councilman Lundquist: Sure. And how bout the junkyard down the road? That's a whole
different deal right?
Sharmeen Al-Jaff: That is a different deal.
Councilman Lundquist: Alright. There's nothing else really along there, is there?
Sharmeen Al-Jaff: There's the stables and the kennels.
Councilman Lundquist: Yeah, that's up the hill further though.
Sharmeen Al-Jaff: That's up the hill.
Councilman Lundquist: There's really nothing else along the, okay.
Councilman Peterson: Is that zoned, I don't remember whether that's.
Sharmeen Al-Jaff: That is Fringe Business District and the exterior material on the building did
receive a variance, and it mainly dealt with feces from the animals. They wanted a material that
they could keep clean.
Mayor Furlong: You mentioned conditional use permit and that's what the nursery is and that's
what the motel is. Is the kennel and stables, that's an interim use permit? Is that current…
Sharmeen Al-Jaff: No, that's a conditional use permit as well.
City Council Meeting - October 23, 2006
9
Mayor Furlong: That's conditional use. What's the difference between the conditional use
permit and that interim use permit, because this is interim use permit correct?
Sharmeen Al-Jaff: This is an interim use meaning there is a sunset on it. There comes a time
when the use will be discontinued. In this case the deadline on the, this permit will expire in the
year 2020. With conditional uses, there is no expiration date on them. You can revoke them if
they don't comply with conditions of approval but they're ongoing.
Mayor Furlong: Where else are there interim use permits? Are there any along, I thought the
stables was, but you're saying that was condition, that's conditional?
Sharmeen Al-Jaff: That's a conditional use.
Mayor Furlong: So are there any others?
Sharmeen Al-Jaff: Typically with interim uses, we have, grading permits have an interim use
typically. Mining operations. Moon Valley had an interim use permit. Across the street until
such time when development did take place. So there is always a sunset on interim uses.
Mayor Furlong: But in terms of.
Sharmeen Al-Jaff: Businesses?
Mayor Furlong: Of businesses.
Sharmeen Al-Jaff: I'm sorry, none are coming to mind at this moment.
Mayor Furlong: Okay.
Councilman Lundquist: What would be, Sharmeen what would be the process to do something
other than interim use permit? Mr. Helstrom decided that in 2015 he wanted, or in 2019 he
wanted to stay there. Can that be, is it an application for a request for zoning change or a
conditional use or any of the above or?
Sharmeen Al-Jaff: Both. He can come before the City Council and request an extension of the
interim use permit and that would be an amendment and at that point the City Council could
choose to extend the deadline from 2020 to whatever you see fit.
Councilman Lundquist: Okay. And at that point if there was, can that be requested to be, have
the zoning changed on it or apply for a conditional use at the sunset of that interim use?
Sharmeen Al-Jaff: You can, right now if we look at the existing zoning on the site, it is
agricultural estate district. Within that district, the only way you can have a driving range is
through an interim use permit. It is not a conditional use.
Councilman Lundquist: Understand.
City Council Meeting - October 23, 2006
10
Sharmeen Al-Jaff: Then we would need to amend our city code to allow the use to turn into a
conditional use.
Councilman Lundquist: Or can the owner come in and ask, or apply to have that land use
amendment to have that zoning changed to whatever it would be. Business district or whatever.
Something that would allow that use. Or could he apply for a conditional use that would allow
that use over that, on a property that has an interim use permit on it? Maybe I'm asking the
question wrong.
Mayor Furlong: Anybody can apply for anything they want to.
Councilman Lundquist: Okay.
Mayor Furlong: What I'm hearing is.
Sharmeen Al-Jaff: Yeah…is permitted in the district.
Mayor Furlong: Being consistent with the comprehensive plan or our zoning, you're saying this
type of use is an interim use, is allowed under interim use permit.
Councilman Lundquist: Because we don't allow driving ranges anywhere in this city?
Sharmeen Al-Jaff: That's correct.
Councilman Lundquist: Is what you're saying. Okay, got it.
Mayor Furlong: Well with an interim use permit.
Councilman Lundquist: Right. Understand. Yeah.
Todd Gerhardt: But Sharmeen, if we were to look at this property and the applicant was to come
in and request that it be rezoned to a commercial use, then the interim use it has right now, staff
would probably shy away from that because we don't have sewer and water down there yet.
Sharmeen Al-Jaff: Correct.
Todd Gerhardt: And until such time it would be guided potentially for commercial or an office
use. Something that we should be looking at as a part of our 2008 comp plan update, but to
rezone it to commercial right now would be difficult because we haven't provided those services
and they would you know, that would give him the right to put a commercial or intensify the use
of the property without having sewer and water down there. Particular water to kind of protect
the area for fires and things like that.
Councilman Lundquist: Okay, thank you.
City Council Meeting - October 23, 2006
11
Mayor Furlong: Any other questions of staff at this point?
Councilwoman Tjornhom: Thanks Sharmeen. In the report it…is that if this is approved, his
building is allowed to expand. That it could then eventually turn into a permanent situation.
Sharmeen Al-Jaff: Correct.
Councilwoman Tjornhom: How can that be if he only has this permit until 2020?
Sharmeen Al-Jaff: It's a concern when, whenever you put in an investment into a property, a
large investment, if there is a sunset on the use, how much of an investment do you want to put
into this property? How much improvement do you want to put in, and that was the only
concern that staff had. We just wanted to bring it to your attention. There is of course the only
way the use can turn into a permanent use is if the council approves this.
Councilwoman Tjornhom: Okay.
Mayor Furlong: Councilman Peterson, questions?
Councilman Peterson: I'll do another what if for you.
Sharmeen Al-Jaff: Okay.
Councilman Peterson: I'll pepper you with what if's tonight. Let's assume that we might approve
this building tonight as it is, with materials that you presented. And in 2020 he comes back and
asks for an extension of the interim use. But the area now has improved. Has changed it's
character and we like, we like the idea of maintaining that business there but we want to upgrade
his buildings. At least the façade. I'm assuming that we could make that a condition of approval
to either put on, meet city code with the building structures as they are, or not approve it. I'll
look to you or Roger for the answer to that. Is that a reasonable condition to extend an interim
use in 2020 if we want to?
Roger Knutson: I think it would be. I don't know enough about the construction techniques,
whether you, how that would work. Whether you can put something on over this material or if
you have to tear it off and how would construction but in theory.
Councilman Peterson: Yeah. Thank you for your brief answer.
Mayor Furlong: Question on the size. You said that the current ordinance allows I think 800
square feet for a structure. He's got a little under 1,000 square feet right now which was
approved at the time.
Sharmeen Al-Jaff: Correct.
Mayor Furlong: Is that correct? Originally because that's what the size of the building was.
City Council Meeting - October 23, 2006
12
Sharmeen Al-Jaff: There are a couple variances that have come in. The first one was the 800
square feet and then following that the applicant came in with the intent of building a second
story which he never did, but that required another second story over the club house part. Part of
the club house.
Mayor Furlong: Was that requested and approved and never followed through on?
Sharmeen Al-Jaff: Correct.
Mayor Furlong: Or was it, okay. So what was approved earlier was then about twice that size?
One was 2,000 square feet?
Sharmeen Al-Jaff: Correct.
Mayor Furlong: Or 1,800. Okay. Alright. And the, the driving stalls, or the range house that is
there that currently has the cover to them, is that considered part of the structure or did that also
require, is that just considered normal as a part of…
Sharmeen Al-Jaff: That was a separate structure. It was not included with the 1,000 square feet.
Mayor Furlong: Okay. Okay, any other questions at this point? We may have some others later
on. Okay. Anything else at this point? Okay, thank you. I'd like to invite the applicant to come
forward. Mr. Helstrom, good evening.
Jeff Helstrom: Hi. Jeff Helstrom with Golf Zone. In 2020 I'll have some really nice
landscaping down there. I guarantee that. 10 years ago I set out to build a basically year round
driving range where people could come and hit their golf balls. There really never had been one
built around and it was successful but I found that over the years I needed to add and adapt and
bring in new clientele because the winter just didn't cut it. I added a putting course and I also
added a par 3 course, and that really helped bring the families in in the summer, but as the years
went on I realized I really needed to get those families in in the winter too. And that's why I
came up with this idea to have a literally heated enclosed area that mom and the kids and dad can
come down. Dad can hit balls. Mom can be inside where it's warm. You know I don't know if
you've been to my place but I have such a small area. It's not even really comfortable for mom to
come down there if the kids are hitting balls. There's hardly anywhere to sit. I needed like an
extended reception area. A place to do some putting and do some different things. Where the
family could come down and enjoy it and do something different other than just hitting balls.
And that's why I came up with this idea. Initially I was looking at adding stalls and it didn't
bring in that clientele and so that's why I changed my mind and…that's why I'm here.
Mayor Furlong: What's going to be inside the building then? In the 11,000 square feet, what's
going to be in there?
Jeff Helstrom: There'll be a reception area of approximately 1,500 square feet. There'll be an
area where we can sit, not only a bar. I have a 3.2 license but we'll have an area with a big
screen TV where people can sit. 800 square foot putting green where you can practice putting.
City Council Meeting - October 23, 2006
13
And then there'll be a number of putting holes on the back side. I'm going to have some water
features. It's going to be basically like something you have in the summer. It's going to be
heated and just a big difference from what I have now.
Mayor Furlong: So when you say putting holes, will that be similar to what you have in the
front?
Jeff Helstrom: Yeah, like a putting course.
Mayor Furlong: A putting course.
Jeff Helstrom: Yeah, I don't have the exact layout yet but yeah, similar to that. Except artificial
grass. And out front I'll have a real grass putting course. So I feel that you know it'd be great to
get those people to come in the winter and we have like 400 kids in our junior programs and they
just disappear in the winter. We don't see them until next summer and with this we'll you know
get them. Get families back in and have a good time in the winter too.
Mayor Furlong: Questions? I guess the one question I have that's been tossed around here is,
with the current interim use permit, it runs til 2020.
Jeff Helstrom: Right.
Mayor Furlong: What's your intention at that point?
Jeff Helstrom: My intention is to run my business until it's not viable to do so. I would expect
that I would continue to run my business. I mean there's so few driving ranges around the cities
now. Property gets more expensive and the driving ranges just go away and that's why I built
down there. It was an area where I could put up a reasonable structure. Pole barn type structure,
which is out there now. That's what I have in my stalls. The same material. And that's what I
wanted to match it basically. Tie the whole thing together. But anyways, driving ranges go
away and I just thought I could, it'd work great. I could build down there. It's kind of the bottom
of the hill. I wasn't really up in Chanhassen. I was able to build with those materials and I'd like
to keep it a driving range, but if that doesn't, I mean it just depends on what the market tells me
at that point. So kind of a wait and see what happens. Because a lot of the stuff we've talking
about, we don't even know what's going to happen.
Mayor Furlong: When you say stuff we've been talking about.
Jeff Helstrom: In terms of sewer and water, you know if and when that's going to happen. Kind
of an open ended question. I don't know whether, there's talk about 101. You know
straightening 101 and sewer and water and I don't know what is going to happen and what isn't.
Mayor Furlong: And I guess, Sharmeen this is a question. The year 2020 expiration of that
interim use was based upon when the city planned to extend utility service to that area.
Sharmeen Al-Jaff: Utilities.
City Council Meeting - October 23, 2006
14
Mayor Furlong: Okay. Okay, any other questions? Of Mr. Helstrom. Okay, thank you.
Jeff Helstrom: Thank you.
Mayor Furlong: Any follow up questions for staff? If not, thoughts or discussion.
Councilman Lundquist: Mr. Mayor I'm, as I look at this proposal, I think that right now I'm in
favor of motion C. To approve it with the existing construction. Going back and forth between
B and C, between should we upgrade the materials, should we not upgrade the materials on the
building approval. Being that it's an interim use I think becomes onerous to put that burden on to
add additional higher grade construction materials knowing that in 14, 13-14 years potential is it
won't be there anymore. So I'm in favor of with doing it on motion C. And I am in favor
obviously of putting the use in the building out there. I think it's a great amenity. It is used quite
often. It's unique to have out there, and I think it adds something to that part of the city that you
know, that's not one of our, one of the areas that I'm, you know that's great to see. We don't have
much business down there. We've got a couple, the nursery and the motel. That adds a great
feature down there. It brings families in from not just Chanhassen but Chaska and Eden Prairie,
Shakopee, all over as well too so I like the idea of keeping that going in the winter as well as
bringing more people into the city that way so I'm in favor of motion C.
Mayor Furlong: Thank you.
Councilwoman Tjornhom: Mr. Mayor, I also, I'm in favor of the overall plan. I have trouble a
little bit about what the material is going to be on the building because we as a council have been
pretty strict with other people coming into our city and building things. We've kind of held them
pretty tight to what the standard should be and while that makes me feel a little uncomfortable,
yet it is an interim use permit and in the year 2020, if something happens, I would hate to have a
brick building sitting there that has to be tore down. So it doesn't really make a lot of sense I
guess to make Mr. Helstrom go to the extra expense of upgrading his plans. It's Minnesota. We
live in Minnesota and days on the golf course are limited and obviously he has a thriving
business and a service to our community with kids and families learning golf and so if this is
going to help him and help them enjoy the game of golf in the winter, then I'm all for it.
Mayor Furlong: Okay, thank you. Councilman Peterson.
Councilman Peterson: Well I'll follow on the same theme, for a couple similar reasons and a
couple different ones. Yeah, I think as you drive into that area you see the current building. The
club house which is obviously an older home that looks nice. I had to drive down there today
again to look at the driving range because I couldn't remember seeing it. And I was surprised.
It's a metal building. And I never saw it. I drive by there. If you asked me how to describe that
place before this afternoon I would describe the putting green. I'd describe water features. I'd
describe landscaping and here Mr. Architecture Standards, I didn't even notice the building.
Because of the architecture. Total lack of architecture. But what that does for me, it reinforces
the fact that the building they're going to put up is going to be nicer than what's down there, and
it's going to blend into that area. If you look at the drawings, you 're going to have you know
City Council Meeting - October 23, 2006
15
metal siding on part of it, but you're also going to have stone on the bottom third, which will look
I think significantly better than the current building so I think to deal with the, does it fit in? I
think it will fit in nicely. I don't think it's going to be an eye sore by any stretch of the
imagination to that area. And I do think that particularly given, if the area does change in
character, by 2020, then we can change the character of the buildings to match that. Whatever
that is. So I think that's a reasonable expectation that I think we need to set with Mr. Helstrom
this evening. I think it's also important to note that if I vote in favor of, which I believe I will for
motion C, that that's not a tertiary approval that he's going to be granted an extension. I think it's
important for him to leave tonight, as I think you are, that we can't speak for other councils. We
can speak for us and because we approve this building tonight doesn't mean it's going to get
approval in 2020. So I think it's important to leave with that so, that being said, you know I think
it is a reasonable request and I think it will be a nice asset to Chanhassen. We don't have that
now and I think that what we've all said before is that we want to help businesses prosper and
bring new things in for our citizens and others to come into the community so I think by
approving this tonight we certainly go a ways in that direction.
Mayor Furlong: Thank you. My comments about the issue before us this evening. I think as I
looked at this and as I had a chance to talk with staff and hear the presentations this evening, the
issue that kept coming up for me was this interim use permit. This deadline to operate this
business of 2020. So for a second I'm just going to set that issue aside. With that aside, when I
look at the request with regard to is it a reasonable request, the variances, is it a reasonable
request? Given the business, I think the answer is yes. The business purpose here as I
understand is trying to reduce the seasonality of a seasonal business and that is a reasonable
request and as Councilwoman Tjornhom mentioned, we live in Minnesota. We've got 3 months
of golf and 9 months of bad, you know good sledding and we need to, if there's a way to extend
the recreational opportunities through the winter months, I think we should choose to do that. I
know Mr. Hoffman's here with our Park and Recreation Department and there are a lot of
opportunities so I think the request is very reasonable. I think the use is consistent with our
comprehensive plan. As an interim use permit. I'll get back to that in a second. So I think
overall it's okay. When I get to the materials then I can't set aside the interim use permit because
bringing that back into play, this is a use that at this point, between the property owner and the
city has been agreed to that will continue through 2020, at which time the city plans to extend
services. Sewer and water services to that area. At that point there may be a higher and better
use for the property, both for the property owner and for the city and that's why this is put in
place as opposed to a conditional use which can continue on. The concern that was raised in the
staff report is as an interim use permit, if there's an expansion of the use, that might reduce the
likelihood of the property owner wanting to discontinue when that permit expires. That's where I
get to the building materials and say that if we increase the requirement there, if we don't grant
the variance on the building materials, we're actually increasing the inertia or the likelihood that
that property owner would not want to move forward to a different use. So in a normal situation
I probably wouldn't grant any exception for the materials but because it's under an interim use, I
feel comfortable looking at that. And also recognizing that in this area of town, for the next 10-
15 plus years, there isn't going to be much in the way of changing most likely. The closer we get
to the date that city services come there, there'll be less likelihood to change because of the
opportunity to change zoning. For whatever reasons with the stables and the kennels across the
way, which aren't too far away, they have similar materials. So I guess I'm comfortable with
City Council Meeting - October 23, 2006
16
materials. The only concern that I have, from what I've heard this evening and Councilman
Peterson correctly brought it up and that is the issue of what happens in 2020 and with Mr.
Helstrom's comments that he'll wait and see, you know the agreement at the time the approval
was made is that this business has an opportunity to operate here on this property through 2020,
and I like Mr. Peterson would not want to in any way suggest that there's a tacit endorsement or a
pre-approval to extending that because of this. That's a, this is a business decision that Mr.
Helstrom needs to make in terms of investing in his property so as to, for the business needs to
serve his customers. To reduce the seasonality of the business, recognizing that there's that risk
there. And that's for a council at a future date to decide whether it's a request to continue. To get
back to Councilman Lundquist said I think property owners can request anything at any time,
and that's really the property owners, the staff, the residents and other business owners, property
owners around the area and the councils to all consider so I feel comfortable going forward here.
My only hesitation was with the response to my question, what's the intention in 2020? We're
not there. I think for the next 14 plus or minus years I think this is a reasonable use. A
reasonable request that's laid out in motion C as Councilman Lundquist stated. But the record
needs to show that this is no way an endorsement for an extension of the IUP or a change to a
permanent use, at least on my part, and I didn't hear that from anybody else. Heads nodding as
well. Let that be decided at the time when all the facts and circumstances are known. At the
time that it becomes an issue. This is not a, I believe it's reasonable for us to move forward here
this evening with that understanding between the property owner and this current council and
staff. That being said, if the direction is, and Councilman Lundquist spoke about motion C. If I
understand Councilwoman Tjornhom, Councilman Peterson, you also would agree with C. I
would guess I'd ask Mr. Knutson and staff, do the findings of fact based upon our discussions
here support us adopting motion C this evening or can they be written and the comments
submitted be added and such that we can move forward this evening...findings of fact.
Roger Knutson: You have a findings of fact for approval. I don't think there was anything
inconsistent with C in the findings.
Sharmeen Al-Jaff: No there isn't.
Roger Knutson: Okay, so you could adopt the findings for approval.
Mayor Furlong: Okay. Alright, and do those findings, would that be consistent with the
issue…Councilman Peterson with regard to no tacit endorsement or no pre-approval for change
or an extension of anything.
Roger Knutson: Mayor, that is correct. There is nothing in here that extends it. Not one day.
Mayor Furlong: Okay. And so the minutes of this meeting obviously will reflect the intention of
the council there as well. Okay. Any questions or comments?
Sharmeen Al-Jaff: I made the statement earlier and I would like to correct myself. I said that the
kennel, commercial kennel was a conditional use. It is an interim use permit.
Mayor Furlong: Okay. Okay, thank you.
City Council Meeting - October 23, 2006
17
Sharmeen Al-Jaff: Thank you.
Mayor Furlong: And thank you because that was consistent with my understanding and another
reason that I think from a material standpoint, they're going for an interim use. Being a little
more relaxed on materials I think is a, not only helps the property owner but it helps the city as
well. Because of that being an interim use permit. Okay. Anything else? Any other comments?
On this. If not, is there a motion to proceed? Councilman Lundquist.
Councilman Lundquist: Mr. Mayor, I would move that the council approve motion C as
published with conditions 1 through 13 and adopt the findings of fact for approval as printed in
the council packet.
Mayor Furlong: Thank you. Is there a second?
Councilman Peterson: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion? Motion C plus the
approval of the findings of fact.
Councilman Lundquist moved, Councilman Peterson seconded that the City Council
approves 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 request for the use of steel paneling as the
primary exterior material on property located in the Agricultural Estate (A-2) 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 and adopting the findings of fact, with the
following conditions:
1. The eastern wall of the proposed building lies over the well. Verify the location of the well.
Per Minnesota State Statute 4725.2185, walls must be minimum three feet horizontally from
the farthest exterior projection of a building, including walls, roofs, decks and overhangs.
Refer to Minnesota State Statute 4725.2175 for requirements to house a well within a
structure.
2. Note the top of curb elevation of the parking area north of the proposed building. Verify that
the proposed grade in this area will not exceed 3H:1V.
3. Show the proposed pedestrian access to the new building.
4. Note what the existing structure is west of the building and include a note whether this
structure is to remain or will be removed.
5. Note the FFE of the existing building.
City Council Meeting - October 23, 2006
18
6. Delete or update the note on the plans that state the FFE of the 1st and 2nd office buildings.
7. Permits must be obtained for the construction of, alteration of, or occupancy use changes to
any buildings on the site.
8. The on-site sewage treatment system must be of complying design and of sufficient
capability for the existing and proposed facility. An assessment of the existing individual
sewage treatment system must be provided, in the permit application documents, verifying
that the existing system is of sufficient capacity for the additional usage or a design
increasing the system capacity must be provided. Such assessment and/or design to be by a
licensed ISTS designer.
9. The applicant shall install a rain garden within the proposed swale on the north and west
sides of the proposed addition. Plantings to be incorporated include trees, shrubs and
perennials. A revised landscape plan shall be submitted to the city for approval. Note the
proposed spot elevations along the rock swale.
10. The floor plan must be revised to show ten 5’ x 8’ windows, two 5’ x 5’ windows and three
4’ x 4’ windows on the northern façade and the exterior elevations must be revise to show
four 5’ x 5’ windows on the western façade.
11. Any rooftop mechanical equipment must be screened from public view.
12. A trash enclosure must be shown on the site plan.
13. One additional parking stall is required.”
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS:
Councilman Lundquist: Just like to thank Todd, Paul, Laurie and Todd, Sharmeen for the tour
this evening. Going out and seeing the water treatment plant moving along. There's, making
great progress there and I should, as they stated, start making water some time in the, not making
water but treating water in late winter, early spring. So it was great to see that. Great to get out
to do some of the tours of the new developments going along on the highway, along the highway
and the Town & Country development as well. Took a ride down the road there so it was good
to put eyes on that versus looking at it on plans and paper as well too so Todd, staff thanks for
pulling that together. It was good to get out and see that.
Todd Gerhardt: Sure. We need to do more of that. Get you out and show you accomplishments
and follow through.
Mayor Furlong: Yeah, thank you for bringing that up. I fully agree and you took my comment
as well. Because I think it's very helpful to get out and see things that we talk about and it's very
City Council Meeting - October 23, 2006
19
interesting to see how well things are progressing throughout the city that we saw today so thank
you for your time and efforts on that. Agreed. Any other comments? Discussions?
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: Just going to follow up after this we're going to go through budget in the
Fountain Conference Room regarding Admin and Park and Rec. And also give you an update on
the proposed dog park at Carver Regional Park. So, the Minnewashta Regional Park. It's run by
Carver County. And I do have, see if you're available on November 20th. This is an off Monday
but, to have a meeting with the Riley-Purgatory-Bluff Creek Watershed District to talk about the
Bluff Creek study. This has kind of been a lingering issue out there and we kind of want to put
this to bed and work with the watershed district to come to a conclusion on kind of the findings
in that study and right now we're both, have different findings of how Bluff Creek should be
monitored so, so if I could have the council in attendance that evening I think we can come to
some conclusion on that. So we are looking at November 20th at 7:00 works for the watershed
district and if you can make an off Monday night I'd appreciate it.
Councilman Lundquist: Do you need a quorum there?
Todd Gerhardt: Do not need a quorum. It is an update.
Councilman Lundquist: That's the Monday before Thanksgiving right?
Todd Gerhardt: Yes it is.
Mayor Furlong: Why don't we check our calendars and let Mr. Gerhardt know our availability
and if we can make it.
Todd Gerhardt: I can send out an email reminder and if you respond back to that if you can or
cannot attend and then we can let the watershed district know how many people will be in
attendance.
Mayor Furlong: Okay. Any questions for Mr. Gerhardt? Okay.
Todd Gerhardt: Oh, one last item. I did include in the correspondence package, which you're
probably going to go to, there are some Sunday participation numbers at the library. We will try
to get you to date on the rest of the week, but we did have a meeting, Laurie and I with the
library and they were very proud of the numbers of people attending the library on Sundays and
we'll get you some comparisons on the rest of the week but they're very proud of those and we
wanted to share them with you.
Mayor Furlong: I understand we have a new librarian. Head librarian for the Chanhassen
Library, is that correct?
Todd Gerhardt: That's correct. And I got to meet her and I think we'll be bringing her in in the
next couple of months so the council can meet her and introduce her to you and, she's you know
City Council Meeting - October 23, 2006
20
doing a great job over there and energetic and wants to try some new things so I think we're
going to be well served.
Mayor Furlong: Great. Good to hear.
CORRESPONDENCE DISCUSSION. None.
Mayor Furlong: I'm taking a leap here, there might be some students in the audience here
tonight. Coming and attending meetings. We have a sign up list over here. Be sure to get your
name on that so you get credit for being here this evening, if you would. If that's important to
you. Is there anything else to come before the council this evening?
Councilman Lundquist moved, Councilman Peterson seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council
meeting was adjourned at 8:00 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
CHANHASSEN PARK AND
RECREATION COMMISSION
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 24, 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 Paula Atkins
MEMBERS ABSENT: Tom Kelly
STAFF PRESENT: Todd Hoffman, Park and Rec Director; and Jerry Ruegemer,
Recreation Superintendent
APPROVAL OF AGENDA: Murphy moved, Spizale seconded to approve the
agenda as presented. All voted in favor and the motion carried unanimously with a
vote of 6 to 0.
PUBLIC ANNOUNCEMENTS: Todd Hoffman reminded the commission of the
Halloween Party on Saturday, October 28th. Chairman Stolar clarified the date and time
for the Eagle Scout project at Carver Beach Park on November 4th.
VISITOR PRESENTATIONS: None.
APPROVAL OF MINUTES: Scharfenberg moved, Murphy seconded to approve
the verbatim and summary minutes of the Park and Recreation Commission
meeting dated September 26, 2006 as presented.
REVIEW DRAFT AGREEMENT BETWEEN THE CITY OF CHANHASSEN,
CITY OF SHOREWOOD, SHOREWOOD PARK FOUNDATION AND CARVER
COUNTY FOR AN OFF LEASH DOG AREA AT LAKE MINNEWASHTA
REGIONAL PARK.
Todd Hoffman reviewed the one change recommended by the City's legal counsel to
include a statement that states under indemnification, the City of Chanhassen's duty to
indemnify and hold harmless is subject to the limitations and immunities in Minnesota
State Statute Chapter 466 which are not waived. Commissioner Murphy asked about
signage. Commissioner Spizale asked for clarification of where the open areas would be
located. Commissioner Scharfenberg asked about the City's input on future decisions.
Chair Stolar suggested and discussion was held regarding forming an advisory
committee, consisting of one Chanhassen Park and Rec commissioner. No motion was
needed on this item.
Park and Rec Commission Summary - October 24, 2006
2
RECREATION PROGRAM REPORTS:
2006 PICNIC SITE EVALUATION. Jerry Ruegemer reviewed the 2006 picnic site
evaluation numbers and asked the commission to begin thinking about implementing a
fee for businesses to use picnic shelters over the lunch hour rather than renting the space
for the entire day. In talking about the bathroom facilities at Lake Ann and Lake Susan,
Commissioner Daniel suggested and discussion was held regarding installing
programmable automatic locks.
2006 TREE LIGHTING CEREMONY REPORT. Jerry Ruegemer provided an
update on the tree lighting ceremony scheduled for Saturday, December 2nd at 5:00 p.m.
at City Center Park.
COMMISSION MEMBER COMMITTEE REPORTS.
COMMISSION MEMBER PRESENTATIONS.
ADMINISTRATIVE PACKET. Staff and the commission discussed the items
contained in the administrative packet. Commissioner Atkins asked for an update on the
stage planned for City Center Park and Commissioner Scharfenberg asked for an update
on the success and future plans of an attendant at the skate park.
Scharfenberg moved, Spizale seconded to adjourn the meeting. All voted in favor
and the motion carried.
Submitted by Todd Hoffman
Park and Rec Director
Prepared by Nann Opheim
CHANHASSEN PARK AND
RECREATION COMMISSION
REGULAR MEETING
OCTOBER 24, 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 Paula Atkins
MEMBERS ABSENT: Tom Kelly
STAFF PRESENT: Todd Hoffman, Park and Rec Director; and Jerry Ruegemer,
Recreation Superintendent
Stolar: Real quick just on the approval of the agenda. Want to thank Todd and Jerry for
showing us such a great tour. Appreciate it. Saw a lot of great sites. Thank you.
Hoffman: You're welcome.
Stolar: Are there any items to add or delete from the agenda?
APPROVAL OF AGENDA: Murphy moved, Spizale seconded to approve the
agenda as presented. All voted in favor and the motion carried unanimously with a
vote of 6 to 0.
PUBLIC ANNOUNCEMENTS:
Hoffman: Halloween party is on Saturday night, October 28th. This Saturday.
Stolar: So is Nate going to send us the email just saying the times we should be there?
Ruegemer: Yep, he can do that.
Stolar: Great. Then the 4th of November is when they're doing the Carver Beach, the
Eagle Scout project, is that correct?
Hoffman: It's on, yep.
Stolar: What time?
Hoffman: I would think they're going to be starting around 8:00 that morning.
Stolar: So anybody who wants to help out there, that's the Eagle Scout project to put
mulch down on the path between the two beaches over up by Lotus Lake.
Park and Rec Commission - October 24, 2006
2
Hoffman: He just received final authorization on his project yesterday so he has worked
very hard. I think he will put in, he'll be happy to get the wood chipping because getting
the authorization for the project from the Boy Scout Council was very difficult so.
Stolar: Why was that?
Hoffman: Challenging the reviewer does not like wood chip projects and she put him to
the test and he called me back and I said well I would classify this as a wood chip project.
This is a trail construction project where you're having to use wood chips as construction
material but she didn't buy that so he went back to the drawing board on a couple of
occasions. He's still going to be wood chipping the trail but then he's going to be doing
some plantings as well.
Stolar: Okay, great. So November 4th and meet at which beach, do you know?
Hoffman: Either one. He's going to have a pile on each. There's a work crew at each
site.
Stolar: Any other announcements from any commission members? Okay.
VISITOR PRESENTATIONS: None.
APPROVAL OF MINUTES: Scharfenberg moved, Murphy seconded to approve
the verbatim and summary minutes of the Park and Recreation Commission
meeting dated September 26, 2006 as presented.
REVIEW DRAFT AGREEMENT BETWEEN THE CITY OF CHANHASSEN,
CITY OF SHOREWOOD, SHOREWOOD PARK FOUNDATION AND CARVER
COUNTY FOR AN OFF LEASH DOG AREA AT LAKE MINNEWASHTA
REGIONAL PARK.
Hoffman: Thank you Chair Stolar, members of the commission. Marty Walsh and
Carver County forwarded this draft agreement as prepared by the Carver County
Attorney to our office for presentation to the commission and to the City Council. I had
this draft reviewed by our legal counsel and the one change that they recommended was
that under indemnification, that we add the language, the City of Chanhassen's duty to
indemnify and hold harmless is subject to the limitations and immunities in Minnesota
State Statute Chapter 466 which are not waived and so that was forwarded to the County.
Other than that, on a legal perspective, the attorney saw no necessary changes. We did
start a conversation earlier this evening that I think the commission should continue and
talking about some different things other than some legal issues that might be included in
the agreement. So it talks about some basic things. Who's obligated to do what. How
will the reimbursements be paid back to the, or how will the payments be paid back to the
County. And basically as the County sees it, they'll be operating like this, like anyone of
their Met Council projects. They'll document their costs. Send us the documentation and
billing for our portion of it and depending on how the agreements are signed, or how we
Park and Rec Commission - October 24, 2006
3
move through the process, that agreement may change a little bit. They may, Shorewood
Park Foundation for example said they don't want to be billed. They just want to send
their $5,000 in and so some of these things might be amended. But I want to present this
to the commission. Interested to hear any recommendations you have and then if you
formalize those in a motion, I'll be sending them onto the County for inclusion or
consideration prior to them sending us back a final copy for submittal to the City Council.
Stolar: Great, thank you. Anne, we'll start with you. Any points? Comments?
Murphy: Are these, on the last page are these helpful tips and safety, are those proposed
signage? Or is that just included for.
Hoffman: Just included for information on basically the map. So these are, that's a
ROMP document that was put together back in '04-'05. So that's not the recommended
rules for this park.
Murphy: Do they say, they don't say, give us the details on signage then? Of what, but
they are planning to do signage?
Hoffman: (Yes).
Murphy: So we're just going to have those detailed, like detailed recommendations.
Those would come later to Carver? Are they going to open it back up to the public for
recommendations do we know?
Hoffman: I don't know exactly how they're going to talk about, or how they're going to
come up with their signage. It doesn't talk about it in the agreement and I don't see it on
the web page information either.
Stolar: I think that goes to some of the points, or might fall in the scope of some of the
things you were talking about at dinner tonight which was potentially asking that an
advisory committee be included in this charter.
Murphy: Oh, okay.
Stolar: And then that could be one of their activities is to give, help formulate some of
the things, where you need signage.
Scharfenberg: Signage is on page 1 of the document. Carver County's List of
Deliverables and the first line, that's, last word of that first line.
Hoffman: Right, thank you.
Stolar: Any other questions?
Park and Rec Commission - October 24, 2006
4
Murphy: We had discussed an advisory council to kind of help with some of the more
detailed specifications. I would agree with that.
Stolar: That is something we might have to formally bring up in a little while. Why don't
we take questions first and then we'll talk about the comment. Jeff, you have anything?
Daniel: I don't have any questions.
Stolar: Jack?
Spizale: Just one. As I looked at this map, where are the open areas? On the top left? In
the center are probably open areas?
Hoffman: Are you looking at Concept B?
Spizale: Yep.
Hoffman: Those two white areas. In the center. Yep, those would be the open areas.
Stolar: And then it looks like in the northwest, yeah northwest corner there. Is that an
open area there?
Hoffman: That's a marsh. Those two blobs right in the center Jack.
Spizale: No, it looks like a great spot. That's all I got.
Stolar: Steve.
Scharfenberg: I don't have anything specifically about the draft. The one thing I did, we
talked about earlier was, you know what potentially happens with a dog park like this, or
off-leash dog area if you know 10 years from now we've put in this money and the
County decides that they don't want this anymore. I was just curious as to, do we have
any say in that or does that again to Carver County say as to what happens with the park?
Hoffman: Not under this agreement we do not, and I would, my sense is that for a
$30,000 contribution we would have limited leverage to say we're going to want to have
any guarantee that this thing is going to continue. You know part of the reason it might,
it might need more money in the future so they're going to say we're either going to close
it down or take more money. So in 10 years they say hey, we need to refurbish this. It
takes $30,000 or $40,000. We don't have it. We're either going to close it down so that
might happen. But again that $30,000 contribution I don't think is going to buy us, it's
good to, I think it's a good conversation topic and it's something I hadn't thought about.
Maybe we run that into the advisory council that there should be, what do you call that?
A clause about whether the thing is going to be abandoned or dissolution clause or what's
the word they use? Something like that.
Park and Rec Commission - October 24, 2006
5
Stolar: Paula.
Atkins: Is it going to be open year round?
Hoffman: (Yes).
Atkins: So in the summer when you need a permit to go in there, but then in the winter
you won't? Or will it.
Hoffman: You still need a permit.
Atkins: Yeah, how will that be enforced?
Hoffman: It would cost to drive in. Check your car.
Atkins: Give you tickets?
Daniel: Is that enforced by Carver County? Okay.
Atkins: Okay, and that, I was wondering who would be there to, if there was problems.
It would be the sheriff I presume.
Hoffman: Yeah, it's not going to be a patrolled area. If there's a problem there, it's just
going to be, just like anything else. The people, the attendees are going to have to solve
their own problems. If there's an emergency, it's going to be a 911 call. And then Carver
County does patrol the park. It is a county facility and they patrol it, both as a location in
Chanhassen, which is part of their responsibility under our contract, and then they also
patrol it as a Carver County park which is a responsibility as Carver County Deputies and
a county facility. So there's double coverage there. At the park.
Atkins: That's all I had.
Stolar: Okay. Well then again we took a tour of it and it looks like a great area. I think
this is going to really be exciting for the city. The only thing I guess I would amend to
the agreement, I'd like to see us have, ask for an advisory committee where Chan and you
know, I don't know how we want to word this. I was thinking it'd be something that
some member of this commission would serve on that advisory committee. And then we
had talked at dinner also of opening it up to just general citizen representation and
obviously any other contributors. That would be my only suggestion. I don't know what
commission members think.
Spizale: Good idea.
Atkins: I think it's a good idea.
Stolar: But I think this is exciting.
Park and Rec Commission - October 24, 2006
6
Hoffman: Yeah, they've been working with an advisory citizen group all the way along
so I don't think they're going to have any problem with continuing that. Whether they're
going to want to have that make up be a member of this commission or not, I'm not sure.
So we'll talk about that. But that would not preclude one of you, or if you had, it's not the
official capacity because when you form this thing it's either going to have to say, you
know 7 members at large or 5 members at large or 1 member of the City of Chanhassen
Park Commission and 1 member of the Shorewood Park Commission so I'll discuss that
with Marty and see which way he'd like to go on that.
Stolar: The more important thing to me is that they have an advisory committee as part
of this agreement and that representation from Chanhassen occurs. I'm not, you know I'd
like to see someone from this commission but that's really the more important thing is, I
don't know do you guys, is that okay?
Murphy: Yeah.
Stolar: Do you need a formal motion on this?
Hoffman: I do not.
Stolar: Okay. And for Anne's benefit, the meeting yesterday went really well with the
City Council so.
Hoffman: They're on board and we want to get the agreement in, signed so the money is
secure for the next year. They have, as part of the agreement they've committed that
they'll finish this by the end of 2007. But I want to head into 2007 without an agreement
not signed because we don't have this in our 2007 budget. 2006 budget.
Stolar: Are we allowed to carry that over then once this agreement is signed or are we
actually just.
Hoffman: Nope, it will carry over. That's what the auditor's want to see as long as you
have some council recognition that that money's going to be carried over in a future year,
then they're fine with that.
Stolar: Okay, good. Great.
Hoffman: They don't like floaters. Floaters.
Stolar: Great. Well thank you.
Hoffman: Thank you. Give the credit, a lot of the credit to the commission for
continuing that. I think it's probably coming up on 2 years. 2 years so thanks again for
all your.
Park and Rec Commission - October 24, 2006
7
Stolar: Anne and I think Jack, you guys were the kind of sub-committee on that right?
Spizale: Yeah.
Stolar: And Anne, you did a lot of the leg work with ROMP Council. Thank you.
RECREATION PROGRAM REPORTS:
2006 PICNIC SITE EVALUATION.
Ruegemer: Thank you Chair Stolar. Just wanted to kind of go through this real quick for
the 2006 picnic site evaluations. We did do over 90 picnics again this year compared to
92 last year but there is one thing with this program. We are consistent…over the last 3
or 4 years, we've been in that low to mid 90's with roughly about the same dollar amount
for revenue on that $9,300 so that seems to be kind of where we have been at. Hopefully
with the addition of the new Parkview pavilion that we can increase that in 2008.
Something like that, we can certainly look forward to. We did increase our total number
of participants visiting our picnic sites from around 7,000 to 7,800 this past year so it
looks like we were booking you know picnics that had larger amounts of people coming
too. We had some larger company picnics this year that did multiple picnic sites at Lake
Ann, and this did include like Miracles of Mitch Triathlon that was kind of in house type
of reservation so we put those types of reservations on. This year we had the higher
capacity but these are the paying customers at this point. Staff did break down again kind
of the categories by classification. Whether it's a resident, non-resident. Resident school.
Non-resident school. That sort of thing later in the report. As well many customers now
are coming into, checking on our city web site. Looking at the picnic categories and
looking at prices before they call which is very helpful. It seems like 8 out of 10 people
have already looked on the web site and are informed, now just kind of looking for kind
of the final information so maybe we can get people in…in the system in 2 to 5 minutes,
depending on questions. So that helps.
Hoffman: It also helps them to figure out how to get around the non-resident fees when
they do their research. Well I've got a friend in Chanhassen.
Ruegemer: But, so that did help. As to just general comments again, we certainly did
pay a little attention more to cleaning. Having people come in on the weekends, that sort
of thing. Sometimes we do get comments that people have to do a little bit more cleaning
than they thought they should, which is certainly a service that we should be providing
out there, so we'll certainly strive to improve on those areas as well. Lake Susan in
particular, the bathrooms really need to be updated. Whether that's a fresh coat of paint.
Just some lighting updates and that's something that we certainly could do in house or
over the winter time as well. To get that. We're also going to be changing the lighting. I
think we're going to get rid of the four type of style for the lights to be turned on. Just go
back to regular on-off switches. …traditional switches with people. We really try to
simplify things. Get rid of keys for people and make it a little easier for people to, when
they do get out there, that it's not confusing for people as well so. With the addition of
Park and Rec Commission - October 24, 2006
8
the Parkview area is certainly something that we're going to plan for in the future so we'll
take a look at you know, reviewing those picnic fees and that sort of thing. Once that
shelter does come into the system. We still get a few comments that the prices are too
high and you certainly saw that through some of the evaluations that I included with
the…packet throughout the course of the summer so. You know for the most part I think
people are used to the fees and that sort of things and we have a pretty good customer
base. We get a lot of repeat customers. A lot of family reunions that keep coming back
as well so. So just for the future when we come back and review the picnic fees, you
know I'm not sure what the commission feels but you know it seems like the picnic fees
are going to be kind of where they should be. One thing I would like to talk to the
commission about possibly is doing like a lunch hour type of a reservation fee possibly.
There's been a lot of increase phone calls for Rosemount's, a lot of the corporations in
town that want to go down and have a business meeting over the lunch hour. They don't
want to you know rent the site all day long. Want to go for 2-3 hours over the lunch time.
Have team building type of situation and so maybe we can discuss what, maybe doing
some type of special fee for that to increase the usage over that lunch hour timeframe as
well so just wanted to kind of plant the seed a little early here and have you guys start to
think about that. Talk about that when we review fees around here before the first of the
year.
Hoffman: But up until now we're just letting them go?
Ruegemer: Well no. It's a regular business, Chanhassen business rates.
Hoffman: Alright, so we're charging them.
Ruegemer: Yep. And some people have been balking at that so I'm thinking it might be
an easier sell if we lower the price a little bit and you know if we make that up over
quantity, if they go spread the word back to Rosemount, we could possibly get some
more so.
Stolar: It makes a lot of sense.
Hoffman: Yeah. Really what they're looking for, you're a business and you're running
your business, you want that security that you have a reservation. You don't want to say
I'm going to show up.
Stolar: I think right now the timing of it is that you pay for the whole day if you rent it,
right?
Ruegemer: Yeah. Yeah, we haven't gotten into the kind of the system of block time. A
lot of park operations go you know, you have it for a 4 hour block at this price. If you
want to go the whole 8 hour it's this price and you know. For the most part that really
hasn't worked out for us. You pay for the day. It's your's. Certainly during graduation
type of seasons, you know that might have been beneficial to have hour blocks of some
sort but this worked out pretty good actually.
Park and Rec Commission - October 24, 2006
9
Stolar: For the businesses it makes sense to kind of give them a business day rate that
they can use.
Ruegemer: Possibly, and we certainly could advertise that even more by sending out
information to the corporations and come on out, and you know a lot of people love to get
out to the parks to get out of their cubicles and enjoy the lake views and…just kind of get
out and be out so that's something we certainly can talk about in the future. Future
meeting but I think it certainly has some merit. So just, you know on the back side, I did
include 2006, kind of reservation categories and also the group reservation categories for
2005…as to where we were so.
Hoffman: I think something to note is the commission's aware that in 2007 you have a
new picnic shelter at Lake Ann Parkview. If you look at 2005 where you had a single
reservation of that space. This year we got 4. Once a shelter is constructed there, you
can expect that that will go up into the 30's and 40's, just like the other categories, or the
other pavilions.
Ruegemer: People love to have a cover.
Atkins: I was wondering about the bathrooms at Lake Susan. You get a key now when
you rent it? I've never seen the inside of one of those bathrooms.
Ruegemer: We used to open up those bathrooms on a daily basis when we had a gate
attendant program. So we would go in the morning before the gate attendants would
open up for their shift at Lake Ann. Go over to Lake Susan, open them up. Then on the
tail end of the day they would go lock them up so they would be open for the course of
the day and you know at times we did certainly have vandalism problems with that.
Whether it was during the course of the day or if they were, someone forgot to lock them
up at the end of the day so we've kind of gone to this system now where you know Steve
has a picnic down there. I'll give you a call 2, 3, 4 days ahead of time just a reminder
phone call to come by city hall and pick up your key. We don't charge a deposit for that
key. Just come by pick it up. Drop it off when you're done and that has worked out
pretty well.
Daniel: Any interest at all in having a timing lock on there? Where you could literally it
could be unattended. And it wouldn't be that expensive. For about less than a thousand
bucks.
Ruegemer: I guess…
Daniel: I mean literally you can program. I mean there are lock systems out there now
that would allow you to, they're all automatic so that at 8:00 a.m. it pops open and allows
you to you know whatever. You can actually program it for Saturday, Sunday, Monday
difference as well. But the dates that you want. They're certainly available.
Park and Rec Commission - October 24, 2006
10
Atkins: Are there any plans to, for expansion of those bathrooms or just fixing them up?
Ruegemer: I think just general cosmetic.
Hoffman: They're perfectly fine.
Atkins: Are they?
Ruegemer: They're very functional. Just a little, new coat of paint and some updating.
Atkins: Is there Satellites out there also in the summer?
Scharfenberg: I like Jeff's idea though of the, if you could put a lock on there. I know
probably…but now with that site expanded and we're going to see more use out there,
that people would really enjoy that. To have that facility open. That would be a great
thing to do if you could.
Daniel: Yeah, and again there's a lot of functional style locks that are relatively
inexpensive now. The nice thing about it too, there's already power brought to this
location so it's not going to operate on a battery.
Hoffman: Yeah. I don't think the lock is the big thing, but it's supervision. Making sure
that somebody goes and opens in the morning and makes sure it's available for use. It's
clean. Ready to go. Stocked. In the evening the same thing. If we just have a door that
all of a sudden locks.
Daniel: Oh, I mean there certainly would be some…
Hoffman: Yeah, you have to send somebody there anyway. Either that night or the next
morning to provide a service to it so, my preference would be to see an employee. But
then you have an employee that you have to put on staff as a roamer and comes in and
cleans these restrooms. Shuts them down and so that gets to be, there's just some
increased responsibility.
Stolar: Are there services that could be used to do that?
Hoffman: You sure could hire that, absolutely.
Daniel: But I do know like for example at…that the building there is open during the
day. I've used it walking around…so it certainly is available and I don't see any reason
why we couldn't do something like that, similar…Lake Susan. You know…the
difference is that that park's heavily traffic. You'd certainly have more traffic than you
would, but I suppose with the increase of families now with the brand new playground,
you might see similar numbers. It's going to be much more of a family atmosphere I
assume than just leaving it wide open for a few fishing people.
Park and Rec Commission - October 24, 2006
11
Hoffman: Absolutely. Well let's, staff will look into seeing how we can have those
restrooms open on a full time basis and we'll come back with some recommendations.
Daniel: Okay. Jerry, also I got a question here. Is, and I noticed based off some of the
patterns here, there's a flat fee correct based off of each one, whether you're a resident,
non-resident. Is there any interest at all in trying to, I don't know, price certainly is an
issue but create some incentive for, I don't know if setting price is a deterrent but maybe
changing Monday, Tuesday or Wednesday, you starting out with a fee.
Ruegemer: We do that.
Daniel: Okay, is that the case or?
Ruegemer: We have done that. We do have a Monday through Thursday rate and then a
Friday through Sunday.
Daniel: Okay. That answers that question then.
Ruegemer: We did that probably 2-3 years ago.
Stolar: Same question was brought up… Has it panned out really though? It really
hasn't done that much difference.
Ruegemer: I think people are conditioned to it now.
Hoffman: There hasn't been that much difference in revenue.
Ruegemer: No.
Stolar: Or usage Monday. I mean we were trying to tier the difference to encourage
people to go Monday through Thursday and fill up the open capacity but it sounds like
your idea of maybe even having a lunch rate for businesses, that's really where we can
maybe increase the capacity of it, or the usage of it.
Daniel: I think that'd be fantastic because I think Monday through Thursday you would
start to see a lot more corporate opportunities.
Ruegemer: A few people are going out there anyway already.
Stolar: Do we want to maybe talk to the Chamber and maybe do some deal with them?
Hoffman: What kind of deal?
Stolar: I don't know. …Chamber members that use it might get a different rate. Work
closer with them for those businesses. You know Monday through Thursday that they
Park and Rec Commission - October 24, 2006
12
would get a different rate. Okay. I guess Jerry are you filling in, any other questions on
the shelter? Are you filling in for Nathan on the tree lighting?
Ruegemer: I will.
Stolar: Okay.
2006 TREE LIGHTING CEREMONY REPORT.
Ruegemer: Just kind of an informational piece for the commission tonight. That the tree
lighting ceremony's going to be Saturday, December 2nd. 5:00 at City Center Park.
Certainly will be working with the Chamber again as a co-sponsor with the City on that.
We're, I think we found a Santa Claus for that already this year. I think Brian Beniek is
done now with that. We found his replacement so.
Hoffman: Did you name Santa?
Ruegemer: I'm sorry.
Stolar: Please remove that from the record. It was Santa there.
Ruegemer: But you know very similar to last year. It's a great event to get people out
there and kind of kick off the holiday season with that. We'll certainly have refreshments
and cookies and a nice big roaring bonfire for the chilled bones that night and it's a fun
event. Nice and quick and we'll light up the downtown with lights and kick off the
season.
Stolar: Okay, thank you. Any questions on that?
COMMISSION MEMBER COMMITTEE REPORTS.
COMMISSION MEMBER PRESENTATIONS.
ADMINISTRATIVE PACKET.
(There was a tape change at this point in the discussion.)
Hoffman: …so each time there's a Park and Rec Commission item on a City Council
agenda, you will be mailed a copy of the agenda item. A copy of the agenda, and then if
you can come down to the work session and/or the City Council meeting that evening and
represent the commission, that's what this is all about and then we'll update this for, well
this is 2006, excuse me. We'll update this for 2007.
Stolar: Also Todd, I think my work number's wrong on there. It's actually 6566.
Hoffman: 6566, thank you. Anything else that people had a chance to check?
Park and Rec Commission - October 24, 2006
13
Stolar: These dates though are the, this is the 2007.
Hoffman: Are they 7?
Stolar: Yeah.
Hoffman: Okay, thanks.
Stolar: The one thing, you know I'd like to, and again it's kind of confusing because
sometimes we have to go. Sometimes we don't but what I'd like to do is next year,
starting next year or maybe even in the November meeting, try and have that we come
back, if we are at a meeting, or were scheduled for a meeting, that we go ahead during the
committee reports and provide a brief update, if we could to the commission. I think it
helps us when the City Council sees that we're there in attendance at the meetings.
Hoffman: Okay. There's a, if you continue flipping through the packet, there's an item
on, or there's an item that Jerry put together. Talks about all fall dates of sports, so it's a
good indicator of what we had going on on our fields this fall. CAA Soccer, CC United
Soccer, Chapel Hill Soccer, St. Hubert's Soccer, City and YMCA Soccer, Chaska Area
Football, adult softball, CAA Baseball, District 112, Hawks Baseball and Tonka Baseball
so those activities were all taking place this fall and then he has the wrap up dates and
that's a scheduled that's maintained to assist our park maintenance people for their take
down and winterizing of those facilities so lots of activities. Chaska's talking about a
water park. If you didn't notice that in the Chaska Herald and so there's at least some
conversation going on in Chaska about a water park. The Highway 101 scoping study.
This is, if you look at the first page which has the big Highway 101 sign. That shows you
the corridor and this is a cooperative project between the County, the City and the State
on studying 101 from new Highway 212 down to the Y and into Shakopee. Very
complicated section of road. Tight turns. A lot of problems and it goes into discussing
all the different issues. Public meetings and, that are being held and will continue to be
held. These are difficult, difficult issues because you are going to affect certain
homeowners and neighborhoods and they're just going to, understandably, not appreciate
that. Become very vocal and it's very difficult to you know come to some sort of
agreement on how you're going to improve these roadways.
Daniel: What is the reasoning behind improving them? Is it because of the concern
traffic?
Hoffman: Yeah. Once you take Highway 212 and you put all that traffic onto that little
windy road, it doesn't meet current safety standards for curves. This way or this way and
you're just going to have increased traffic. Increased accidents and so you need to
improve that road section to get a reasonable section of roadway that can meet a 45 or 40
miles per hour speedway limits and get some improvements into it. All the way down the
hill.
Park and Rec Commission - October 24, 2006
14
Daniel: Boy, that's too bad.
Stolar: So when I was at the City Council meeting on this, what are the impacts that you
see potentially on some of the proposals on parks and open space in that area?
Hoffman: Well Bandimere will most likely end up with a large wall. They'll have a
large retaining wall there on the bottom of the, it's either that or you grade back and lose a
ballfield and part of your parking lot. So those will be talked about. Beyond that, there'll
be some impact down in the Y on state and federal lands, down on the bottom part. And
then trail planning will be affected because there might be some section of trails that are
currently in place that will be abandoned and another section of trails that are constructed
along with the new roadway. So it's something we want to keep the commission
involved in, or at least up to date on. And if you're at all interested in those meetings, let
me know and I'll get you on the mailing list. Then Lori Haak and I attended carp school
for a day and this is a direct result of the University of Minnesota and a gentleman called
Peter Sorenson is doing a study. Multi-year study on Lake Susan, Riley Marsh and Lake,
excuse me, Lake Riley, Rice Marsh Lake and Lake Susan on how carp operate in our
ecosystems in our lakes. Where they spawn. Where they go in the winter. What can you
do to effectively control them because up until now nothing has worked. You remove a
whole lot of carp by netting them, or you poison the whole lake and they come right
back. They spawn profusely. 2 million, millions of eggs. Millions of little baby carp
and they're 5 inches long by the end of the summer and nothing can eat them. And then
they're very fast growers. They very effective at their feeding mechanisms. They went
into carp, all the way back where they things split off from another fish species 29
million years ago and they have been evolving to be the strongest aquatic animal for 29
million years and they're tough to get rid of. They're very strong. Very adaptable and it's
their feeding mechanism that makes them so just resilient. When they suck in that big
mouth full of mud, they pin it all against the roof of their mouth and they have a whole
series of taste buds which then, the rest of the muscle relaxes except for where the food is
at. Those muscles retain. Then they blow out the mud and eat the food. And they just
keep going. Sucking in mud. Pin it up against the roof of their mouth. Blow out the
mud and eat their food. And then their teeth are behind these organs and that's what
grinds it up and eats it. Very highly effective feeders, so when they're going into the
mud, they're not after the plants but they're up rooting the plants and so they just muck up
the bottom. And so they're one aquatic animal that takes a relatively nice environment.
Turns it into a mud hole, which they happen to enjoy. This is great. But then the rest of
the fish don't enjoy it. You know, you don't enjoy it as a lake or lake users because now
you have a mud hole, and so what they're thinking they're going to do is either create a
pheromone that attracts the females into a trap so you can take the females out of the
population. If you take 10% of the females out of the population on an annual basis, you
drive the population down very rapidly. Or create or you have daughterless spawning
and so, you again work with these carp when they're spawning. They don't have any
females and you drive the population down. So that's what they're looking at doing, and
they're studying it right here in Minnesota and they just had this carp symposium where
people came from all over the world to study Chanhassen carp.
Park and Rec Commission - October 24, 2006
15
Stolar: Is this the one on page 6 where it says 450,000 pounds of carp from Lake Ann. Is
that our?
Hoffman: That's not our Lake Ann.
Stolar: I was going to say. That's a lot of carp.
Daniel: How big is Lake Ann?
Hoffman: 110 acres.
Scharfenberg: Can you explain electrofishing to us?
Hoffman: Yeah, electrofishing, they just put the electrodes in and turn the power on.
And they net them, and they do come back alive. That's a big one but they've got lots of
tagged carp out there that they can take with their radio and transmitter and find where
they're at so they'll be out there on the ice this winter walking around, finding out, and
these carp, they all congregate in the center of the lake each winter so they just all go out
into the deep water and they lay there. Hibernate all winter long and then spring comes
and they head off. They travel up and down the creek way and as a part of the 101 GAP
project they're going to put in some highly specialized carp barriers. Some, hopefully
some imaging systems where they can videotape these migrations and where these carp
are going. And again, these people are convinced, they now isolated some of the
pheromones that these carp are attracted to for spawning and feeding and all these other
things and they’re convinced that's the only way you're going to get to these populations.
You can physically remove them. It creates this large void in the ecosystem which they
sense and they say oh, look it. A large void in our ecosystem. We're going to create a
bunch more carp to fill it up and they do it very effectively. When the ecosystem is full,
they say oh. Our ecosystem is full. We don't need a lot more carp and so they create less
offspring and they have less carp so these are smart animals. Common carp school. But
the feeding mechanism, that's the key.
Stolar: Thank you.
Hoffman: It's a lot for it. It's been in our local paper. These people are highly
specialized in what they do and they'd be happy to come in and give their presentation.
Maybe some time next summer they could give a presentation.
Stolar: That'd be good. Is their study going to be done then?
Hoffman: 2-3 years.
Stolar: 2-3 years? So yeah, maybe we meet them out at one of the lakes.
Hoffman: Meet their out at Lake Susan.
Park and Rec Commission - October 24, 2006
16
Stolar: Good. Anything else?
Atkins: I have one question. I was just curious what happened with the stage at City
Center Park.
Hoffman: It was postponed.
Atkins: Yeah.
Hoffman: Bids came in too high and so we're going to combine it with the, we wanted
originally to combine it with the Veterans Memorial. Our veterans monument and the
veterans monument kind of stalled out for some financing reasons and donations that
needed to be secured. Now that's been taken care of and so we will open that project up
again in the spring. Take bids on both of the projects at once so we only have to tear the
park up one more time.
Atkins: It won't be ready by the 4th of July will it?
Hoffman: I hope so.
Daniel: Is that right out here Todd?
Hoffman: Yep, right out here.
Scharfenberg: I had one other thing too. Todd, could you just give us, just a brief
summary of how it went this year at the skate park with the attendant, and is it our
intention to hire an attendant back for next year?
Hoffman: We had a single attendant there this year and it seemed to help, at least on an
antidotal evidence type of format. We did still have some minor incidents at the park,
even after the attendant was on duty, but he wasn't there at those times. But we did talk
to a lot of kids that said oh, now you're baby sitting us and so you know we can't show up
and for this reason or that reason. So they seem to be a sense out there that now the park
was being watched and so we had to watch what we were doing. Next year we have it
funded for $17,000 for 540 or 524 hours of attendants time. Three different attendants
and so the council reviewed that last night at the budget meeting and they seemed to be in
support of the program. This year it was unbudgeted and I think we probably invested
about $4,000-$5,000 in salaries. It's one of the largest increases in our budget for next
year is that $17,000 for that skate park attendant program.
Daniel: Did you see a decrease in attendance at all? I mean I saw, I know that we have
the reports that came through based off of their.
Hoffman: I think we saw a decrease. The skate park fluctuates and there is quiet…close
at quiet times and times when it's busier but overall I don't think we saw a significant
decrease.
Park and Rec Commission - October 24, 2006
17
Stolar: Okay. Any other questions? Comments?
Hoffman: The one last thing I forgot about carp is, these carp are nothing compared to
the flying carp that are coming. Have you watched this? They're coming. Up the river
system and if those flying carp get to Minnesota, and get to the river systems, it's a
dramatic, dramatic impact. You can, all recreational traffic stops.
Stolar: Really?
Hoffman: Unless you want to get hit in the head by a fish. You can't water ski. You
can't jet ski. Recreational boating is a problem.
Scharfenberg: Well aren't they in the Mississippi already?
Hoffman: Yep, they're in the Mississippi and they're coming up, yeah. Dozens of people
have been killed by these fish in the southern U.S., so you're boating along at 30-40 miles
an hour and a 20 pound fish jumps up in the air and smacks you in the head.
Murphy: Because I've seen flying fish in Florida, is that?
Hoffman: These are grass carp. That's what they are. They're grass carp and they
believe that the motor, the vibration from the motor closely resembles the hum or the
vibration of their predators, seals in their native lands and so when these motors go
through, the fish just start jumping. And they are very nasty fish and removal is again
just, there's no, in their home countries they're, people eat them. They eat them all the
time. They're constantly out there fishing for them. In the United States, people won't
eat these things. And so they're trying to net them and trap them and they've got nothing
to do with them and they can't turn them into fertilizer. They're trying to come up with
machinery or a factory that will take care of them, and so they're really problematic and
so watch for it. You'll see it in the news. Fish Up Minnesota. It's a major economic
factor, on the down side. Flying carp.
Daniel: Takes out the St. Croix.
Hoffman: It will take out the St. Croix.
Daniel: I mean as far as recreational. That's a shame.
Hoffman: Shut it down. Yeah, they're an unbelievable animal. They had footage, and
there was a gentleman there who, is now almost a small business starting out of this.
They're shooting these things out of the air and so they take bows and they shoot these
things out of the air, and they shot in a 4 hour video sequence, they shot 500 of them but
500 more landed in the boat. 500 fish jumping in your boat. They wear helmets as
they're motoring along shooting these fish. That's a significant issue if it shows up.
That's all I have on carp.
Park and Rec Commission - October 24, 2006
18
Stolar: Can I have a motion for adjournment.
Scharfenberg moved, Spizale seconded to adjourn the meeting. All voted in favor
and the motion carried.
Submitted by Todd Hoffman
Park and Rec Director
Prepared by Nann Opheim
MEMORANDUM
TO: Robert Generous, Senior Planner
FROM: Alyson Fauske, Assistant City Engineer
DATE: November 13, 2006
SUBJECT: Interim Use Permit Application- Zumbro River Constructors
1425 Bluff Creek Drive- Brad Moe and Harold Hesse property
On August 1, 2006 City Council tabled action on the Interim Use Permit
Application for 1425 Bluff Creek Drive. Staff has worked with the applicant on
the grading plan and the revised plan now would import 26,664 cubic yards of
borrow material; the original application requested 35,000 cubic yards of fill.
The fill will be placed within a low area south of the barn and north of West Farm
Road, a private street. The property owner would like to level the area for ease of
animal grazing and for property maintenance. The proposed grading plan must
show the existing culvert under West Farm Road, noting the invert elevations at
both ends. Also, the applicant must work with the adjacent property owner to
improve the drainage to the culvert.
The contractor proposes to haul fill to the site via Audubon and Bluff Creek
Drive. Bluff Creek Drive is a 28-foot wide street within a 66-foot wide right of
way. West Farm Road, a 20-foot wide private road lies to the south of the site.
Trucks would enter and exit the private drive not West Farm Road. The proposed
access must be clearly shown on the plans. A $4,500 escrow must be posted to
guarantee the replacement of Bluff Creek Drive curb and gutter and pavement
that is damaged due to the trucking operations at this site.
The 2005 traffic counts for Bluff Creek Drive indicate that there are 3,785
trips/day on this street, approximately equally split between north and southbound
traffic. Given the existing traffic volumes on this road and the width of the street,
traffic control should include “Truck Hauling” signs along the roadway and flag-
persons to control traffic where vehicles enter and exit the site.
Staff recommends limiting the hauling hours to 8:00 a.m. to 3:00 p.m. Monday
through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays, with no work allowed on
holidays. These hours would restrict hauling during rush hour traffic. The
applicant can proceed with on-site grading operations during regular construction
hours, which are 7 am to 6 pm Monday through Friday and 9 am to 5 pm on
Saturdays, with no work allowed on holidays.
Robert Generous
November 13, 2006
Page 2 of 3
The applicant has indicated that the grading operation does not have a proposed start and finish
date; rather fill would be hauled to the site intermittently as it becomes available from the ZRC
projects within the area. Staff recommends that the grading operations be completed within 10
weeks of commencement and must be completed no later than October 31, 2007. 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*
Steeper than 3:1
10:1 to 3:1
Flatter than 10:1
7 days
14 days
21 days
*Maximum time an area can remain open when the area is not actively being worked.
If technically feasible, slope stabilization during the winter months shall consist of spreading
compost over the exposed area. Bluff Creek Drive must be scraped and swept each day that
hauling occurs.
The plan must be revised to show the Bluff Creek Drive right of way; no grading may take place
within the right of way.
Recommended Action: Staff recommends approval of the Interim Use Permit for 1425 Bluff
Creek Drive, staff recommends that the recommendation include the following conditions:
1. The proposed grading plan must show the existing culvert under West Farm Road, noting
the invert elevations at both ends. The applicant must work with the adjacent property
owner to improve the drainage to the culvert.
2. The access for site grading must be clearly shown on the plan.
3. A $4,500 escrow must be posted to guarantee the replacement of Bluff Creek Drive curb
and gutter and pavement that is damaged due to the trucking operations at this site.
4. “Truck Hauling” signs posted at each end of Bluff Creek Drive.
5. Flag-persons must be on-site during trucking operations on Bluff Creek Drive.
6. Hauling hours of operation shall be 8:00 a.m. to 3:00 p.m. Monday through Friday and
9:00 a.m. to 5:00 p.m. on Saturdays, with no work allowed on holidays.
7. The applicant may perform on-site grading operations between 7 am and 6 pm Monday
through Friday and 9 am to 5 pm on Saturday, with no work allowed on holidays.
8. The grading operations must be completed within 10 weeks of commencement.
9. The grading operations must be completed no later than October 31, 2007.
Robert Generous
November 13, 2006
Page 3 of 3
10. 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*
Steeper than 3:1
10:1 to 3:1
Flatter than 10:1
7 days
14 days
21 days
*Maximum time an area can remain open when the area is not actively being worked.
11. If technically feasible, slope stabilization during the winter months shall consist of
spreading compost over the exposed area.
12. Bluff Creek Drive must be scraped and swept each day that hauling occurs.
13. The plans must show the Bluff Creek Drive right of way.
14. The applicant can not grade within the Bluff Creek Drive right of way.
15. Erosion control and site stabilization shall be consistent with Zumbro River Constructor’s
Storm Water Pollution Prevention Plan for the Highway 212/312 project, as stated in the
Grading IUP application.
c: Brad Moe, 1425 Bluff Creek Drive
G:\ENG\IUPs\ZRC 11-13-06.DOC
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Zumbro River Constructors for an Interim Use Permit to provide fill in southern
Chanhassen – Planning Case 06-28.
On August 1, 2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Zumbro River Constructors for an interim use permit for
the property located at 1425 Bluff Creek Drive. The Planning Commission conducted a public
hearing on the proposed interim use, which was preceded by published and mailed notice, and
heard testimony from all interested persons wishing to speak. The Planning Commission
recommended to the City Council denial of the interim use permit for the site.
The City Council of the City of Chanhassen held a hearing on August 28, 2006 and tabled the
item to permit the applicant to address storm water runoff and prepare a revised grading plan for
the site. The Chanhassen City Council now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District, A2.
2. The property is guided by the Land Use Plan for Residential – Large Lot.
3. The legal description of the properties is:
Site 1: Lot 1, Block 1, Hesse Farm 2nd Addition and a portion of Lot 2, Block 1, Hesse
Farm 2nd Addition.
4. The proposed grading and filling operations:
a. Will not be detrimental to the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city since the hours of operation will be
limited, the duration of the grading will be limited, appropriate erosion control
measures will be installed and maintained, and the sites will be re-vegetated
immediately after completion of the grading operations.
b. Will be consistent with the objectives of the city's comprehensive plan and the
zoning ordinance as well as meeting the standards for grading in Chapter 7 of the
Chanhassen City Code.
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area since the sites will be restored to
their original vegetative state.
2
d. Will not be hazardous or disturbing to existing or planned neighboring uses since
the hours of operation will be limited, the duration of the grading will be limited,
appropriate erosion control measures will be installed and maintained, and the sites
will be re-vegetated immediately after completion of the grading operations.
e. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use.
f. Will not create excessive requirements for public facilities and services and will not
be detrimental to the economic welfare of the community.
g. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents, or trash since the hours of operation will be limited, the duration of the
grading will be limited, appropriate erosion control measures will be installed and
maintained, and the sites will be re-vegetated immediately after completion of the
grading operations.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
j. Will be aesthetically compatible with the area since the sites will be restored to
their original vegetative state.
k. Will not depreciate surrounding property values.
l. Will meet standards prescribed for certain uses as provided in the zoning ordinance
as well as meeting the standards for grading in Chapter 7 of the Chanhassen City
Code..
5. The planning report #06-28 dated August 1, 2006, prepared by Robert Generous,
et al, is incorporated herein.
3
DECISION
The City Council approves the interim use permit for Site 1 (Moe/Hesse).
ADOPTED by the Chanhassen City Council this 13th day of November, 2006.
CHANHASSEN City Council
BY:___________________________________
Its Mayor
g:\plan\2006 planning cases\06-28 zumbro river constructors 312\CC findings of fact.doc
C:\DOCUME~1\karene\LOCALS~1\Temp\Staff Report.doc
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Dir. of Public Works/City Engineer
DATE: November 13, 2006
SUBJ: 2006 Sanitary Sewer Rehabilitation Project No. 06-11 & PW254B:
Award Construction Contract for Infiltration/Inflow (I&I) Project
REQUESTED ACTION
Award Construction Contract for Infiltration/Inflow Project & Approve Agreement
with Metropolitan Council.
BACKGROUND
On August 29, 2006, staff requested and was approved by the MCES for a reduction
in the surcharge amount to $272,380 based on illicit discharge from a development
under construction during the 2005 rain event.
On June 26, 2006, Council approved plans and specifications and authorized ad for
bids.
On June 12, 2006, the Council reviewed a Sanitary Sewer Infiltration and Inflow
(I&I) Reduction Plan. The surcharge amount MCES is charging the City is $311,920
per year for five years. The surcharge amount was calculated based on the amount of
metered I&I that entered the MCES trunk system from the City system during a large
rainfall event in 2005. Staff was directed to finalize the plan to eliminate the
surcharge fee and convert this amount into the Capital Improvement Plan for I&I
projects.
On December 12, 2005, Council held a joint meeting with Metropolitan Council staff
to discuss the MCES Sanitary Sewer Surcharge Program.
DISCUSSION
The 2006 I&I project is designed to identify and eliminate areas in the sewer system
that allows groundwater or surface water to enter the system. These improvements
include lining sewer pipes, pipe joint sealing, grouting manholes and pipe joints.
Two alternate bids were included in the project. The Alternate A is for cleaning and
televising City sewers. This alternate was bid out per linear foot and allows the City
to approve any amount of televising. The alternate was for cleaning and televising
170,000 feet of sewer pipe. The areas to be televised will be used to plan for the
C:\DOCUME~1\karene\LOCALS~1\Temp\Staff Report.doc
following year’s improvements. The areas that are proposed to be televised are
anticipated to be the biggest contributors to I&I. Alternate B is for televising 24,328
feet of Metropolitan Council sanitary sewer within the City. The Metropolitan
Council will pay 100% of the contract and engineering and construction services
work.
On September 2, 2006 at 10:00 a.m., bids were received. The bids received are as
follows:
Bidder Base Bid Alternate A Alternate B Totals
Visu-Sewer Clean and Seal Inc. $75,949.08 $161,500 $31,626.40 $269,075.48
Infrastructure Technologies $107,060.12 $241,400 $43,790.40 $392,250.52
The Engineer’s estimate for the project was $363,057.00.
The budget for the City improvements was $150,000. Based on the bids received, all
of the base bid and $70,000 worth of televising and cleaning could be awarded to stay
within budget. However, staff feels the cost for televising and cleaning could
increase significantly over the next few years. This is due to the demand for these
services by communities in the metro area because of the MCES surcharge program.
Very few contractors are available in the metro area to complete these types of
projects. Staff is requesting that a portion of the 2007 I&I budget be used to televise
and clean the number of sewers bid out. Staff has reviewed these unit costs and finds
them very competitive. The preliminary CIP budget for 2007 has $210,000 budgeted
for I&I. Staff is requesting that a portion ($87,449.08) of the 2007 budget for I&I be
used under this contract. The 2007 CIP budget amount will be reduced to reflect the
change if approved. The televising work under this project will identify
improvements for future years’ improvements. Staff has worked with Visu-Sewer,
Inc. on other jobs and finds their work acceptable.
Staff recommends awarding the 2006 I&I Project to Visu-Sewer Clean and Seal Inc.
in the amount of $269,075.48.
Attachment
C:\DOCUME~1\karene\LOCALS~1\Temp\Staff Report.doc
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Dir. of Public Works/City Engineer
DATE: November 13, 2006
SUBJ: 2006 Sanitary Sewer Rehabilitation Project No. 06-11& PW254B:
Approve Agreement with Metropolitan Council
REQUESTED ACTION
Approve Agreement with Metropolitan Council for Inflow/Infiltration investigation
work on Metropolitan Council Environmental Services (MCES) sewers.
BACKGROUND
On June 12, 2006, the Council reviewed a Sanitary Sewer Infiltration and Inflow
(I&I) Reduction Plan. The surcharge amount the MCES is charging the City is
$311,920 per year for five years. The surcharge amount was calculated based on the
amount of metered I&I that entered the MCES trunk system from the City system
during a large rainfall event in 2005. Staff was directed to finalize the plan to
eliminate the surcharge fee and convert this amount into the Capital Improvement
Plan for I&I projects.
On December 12, 2005, Council held a joint meeting with Metropolitan Council staff
to discuss the MCES Sanitary Sewer Surcharge Program.
DISCUSSION
At the June 12, 2006 Council meeting, staff discussed the proposed future I&I
improvements with the Council. At this meeting, it was determined to investigate the
MCES as a top priority before any city sewers were investigated. The 2006 I&I
project bid out televising the MCES sewer through the City and to identify any I&I
issues with the sewer or manholes. The attached agreement has been drafted to have
the City take the lead on investigating the MCES line. The agreement requires the
MCES to reimburse the City for this work and construction administration.
The City attorney has reviewed the agreement.
Staff recommends approving the agreement at this time.
Attachment
C:\DOCUME~1\karene\LOCALS~1\Temp\Staff Report.doc
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Dir. of Public Works/City Engineer
DATE: November 13, 2006
SUBJ: Approve Amendment to State Loan Agreement
Project Nos. 03-09-03, 04-06, 04-05
REQUESTED ACTION
Approve amendment to state loan agreement.
BACKGROUND
On April 11, 2005, City Council approved a loan agreement with the State to help
fund improvements injunction with the 212 improvements
On June 13, 2005, the City Council approved a resolution combining projects.
DISCUSSION
This amendment adds the cooperative agreement number and reference for the
TH 101 Gap project into the loan agreement. The original loan agreement amount
included the parcel funding for the 101 GAP project but since the cooperative
agreement for the TH 101 GAP had not been drafted at that time, the reference to
the GAP project was left out. Again, this agreement does not add to the loan
agreement amount but only adds language referencing the TH 101 Gap
Cooperative Agreement.
The City attorney has reviewed the amendment. Staff recommends approval of
the amendment at this time.
Attachment
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Dir. of Public Works/City Engineer
DATE: November 13, 2006
SUBJ: TH 101 Gap Project 04-06: Approve Cooperative Agreement
REQUESTED ACTION
Approve Cooperative Agreement.
BACKGROUND
On August 23, 2005, MnDOT paid the City $129,658.45 for land the City
acquired for the improvements.
On June 13, 2005, the Council approved a resolution for TH 101 GAP Municipal
Consent.
On April 25, 2005, the Council held a public hearing for this project.
On March 22, 2004, staff again updated the Council on the project and funding
with cost splits at the work session.
At the February 23, 2004 work session, staff updated Council on the TH 101 Gap
project. The update included the proposed preliminary alignment of the roadway
and costs for the project.
DISCUSSION
The TH 101 Gap project is proposed to address system continuity and safety
issues along TH 101 from Lake Drive to 86th Street. TH 101 currently has four
lanes north of Lake Drive and will be constructed to four lanes south of 86th
Street as part of the TH 212 realignment project. The segment of TH 101 between
Lake Drive and 86th Street, a distance of approximately 2,400 feet, currently has
two lanes.
The proposed improvements would reconstruct and urbanize TH 101 from south
of Riley Creek to Lake Susan Drive and turn back this segment of roadway over
to the City as a local road. The turned back street would be built to current city
street standards. No driveways would access off of realigned 101. Properties
along Lake Susan would have local access provided off of Lake Susan Drive. TH
Todd Gerhardt
November 13, 2006
Page 2
C:\DOCUME~1\karene\LOCALS~1\Temp\Staff Report.doc
101 will be widened to four lanes and improved with concrete curb and gutter to
match the TH 101 street section currently being constructed in conjunction with
the TH 212 project. Storm sewer ponds will be constructed for storm water rate
and water quality requirements.
A portion of Riley Creek within the construction limits of the new alignment for
TH 101 was relocated in 2005 in order to make room for the roadway
improvements.
A pedestrian underpass is proposed at the current pedestrian crossing to improve
safety. Lights will be installed the length of the underpass for safety. Pedestrian
trails will be constructed on both sides of TH 101. Street lights for motorist and
pedestrians are planned along the corridor at key locations such as intersections
and the underpass entrances.
A right-in/right-out access point is proposed at Mission Hills Lane. This access is
proposed due to the current long dead-end street in this neighborhood. Currently,
the Mission Hills area has over 255 units in this development with only one
access point, 86th Street. Also, Mission Hills Lane is a 2,000’ long dead-end
roadway. The proposed access point has always been planned when TH 101 was
improved. The proposed connection was identified in the Mission Hills
development contract at the time of development for a future connection.
At the public hearing, property owners were mainly concerned about the lack of
screening for the back of the properties along Mission Hills Circle to the realigned
TH 101. The realignment of TH 101 will move the roadway closer to these
properties. MnDOT was not planning any berming, screening walls, or
landscaping in conjunction with this project. The environmental document for
this project did not identify any mitigation requirements for visual or noise
requirements. Because of the lack of excess right-of-way, berming in the road
right-of-way is not feasible. Staff has discussed this issue with property owners
and MnDOT. The only viable option is to construct a fence along the back
property line. The property owners would be responsible for the future
maintenance of the fence. The fence cost is proposed from Municipal State Aid.
Staff has not discussed having the residents fully fund or partially fund the fence
at this time. The cost of the fence is estimated at $17,200.
After reviewing the preliminary plans the State submitted to the City in 2006, the
trunk 16” watermain that runs parallel to TH 101 should be fully relocated.
Previously, the plan was only to lower the watermain at the pedestrian underpass
box culvert. In reviewing the profile and preliminary plans against the in-place
watermain, it is recommended that the watermain be relocated the length of the
project. The watermain should be relocated because the cover over the watermain
will be reduced in some areas and could lead to future watermain breaks. Also,
Todd Gerhardt
November 13, 2006
Page 3
C:\DOCUME~1\karene\LOCALS~1\Temp\Staff Report.doc
the location of the watermain, if left in place, would make it very difficult for the
Utility Department to maintain/service the pipe since the watermain would be
underneath the highway. Typically, watermain on arterial collector roadways
should be placed in the boulevards because servicing the pipe under the highway
section would be very costly due to added traffic control and a thicker pavement
section to replace. The proposed realignment of the watermain would cross TH
101 by Riley Creek and be constructed under the trail on the east side of the
highway.
The preliminary plan called for relocating a portion of the sanitary sewer by the
pedestrian underpass. Staff has worked with MnDOT to shift the pedestrian
underpass to eliminate the necessity for relocating the sewer. Moving the
pedestrian underpass does not affect any other portion of the project.
The plans for the project are available in the Engineering Department.
FUNDING
Since the April 2005 project estimate, the cost of the project has increased. The
previous project estimate was $2,758,000. The current project estimate is
$3,282,782.94. The cost increases can be attributed to increases in construction
materials costs and the added relocation of the watermain and fence costs.
The cost for the improvements will be paid by MnDOT, Carver County and
Chanhassen. The cost splits are as follows:
Agency Cost Estimate
MnDOT $2,059778.05
Carver County $512,636.63
Chanhassen $710,368.26
Total Project Est. $3,282,782.94
MnDOT will pay for most of the improvements to TH 101 which will be turned
over to Carver County for future maintenance. Carver County is paying for the
upgrades to the road outside of the turn back dollars. The City is proposing to pay
for the local share and requested improvements. These improvements include
trails, a pedestrian underpass, City’s share of the mobilization cost, curb and
gutter and storm sewer on Old TH 101 to be turned back to the City as a local
road, watermain relocation, right-in/right-out turn lanes at Mission Hills, street
and underpass lighting and fencing. Staff has broken out these costs into the
appropriate funding category.
Todd Gerhardt
November 13, 2006
Page 4
C:\DOCUME~1\karene\LOCALS~1\Temp\Staff Report.doc
The City funding portion is proposed for the following sources:
Funding Source (CIP ST-016) Amount Budget
Municipal State Aid (MSA) $136,181.67 $120,000
State Loan Agreement Contract #88549 $310,700.17 $313,000
Local Sewer Utility Fund $0.00 $25,000
Local Storm Sewer Utility Fund $146,104.65 $180,000
Local Water Utility Fund $117,381.77 $25,000
Totals $710,368.26 $663,000
The State Loan amount will fund the pedestrian underpass and the MSA funds
will fund the turn lanes and other state aid eligible items. The MSA fund and the
water utility fund are both over budget. These items can be attributed to the
increased construction costs and the added relocation of the trunk watermain and
the added fence improvements. This year’s street reconstruction project
(Koehnen/Yosemite area) was not constructed. This street reconstruction project
intended to use MSA and water utility to help fund the street project. Staff
proposes to use some of the unused funds from this project to pay for the overruns
on the 101 GAP project.
The City attorney has reviewed the cooperative agreement.
Staff recommends approval at this time.
Attachments: 1. Cooperative Agreement
2. CIP Page ST-016
3. Location Map
MEMORANDUM
TO: Paul Oehme, Dir. of Public Works/City Engineer
FROM: Alyson Fauske, Assistant City Engineer
DATE: November 13, 2006
SUBJECT: Order Preparation of and Accept Feasibility Report and Call the
Public Hearing for the Koehnen/Yosemite Road Improvement
Project - Project No. 07-01
REQUESTED ACTION
Council is requested to order preparation of and accept the Feasibility Report and
call the Public Hearing for the Koehnen/Yosemite Road Improvement Project -
Project No. 07-01.
BACKGROUND
On September 26, 2005, Council authorized the preparation of the 2006 Street
Improvement Feasibility Report.
On January 9, 2006 Council accepted the feasibility report and called for the
public hearing for the project.
On January 23, 2006 Council held the Public Hearing for the Koehnen area
reconstruction project.
In April, 2006 it was determined that the reconstruction project could not be
completed until late fall, 2006 due to the MNDOT State Aid Review process for
the Yosemite Avenue portion of the project.
On April 10, 2006 Council approved deleting the Koehnen area reconstruction
from the 06-01 project.
On September 25, 2006 Council approved the Professional Services Agreement
Addendum.
DISCUSSION
The City’s consultant for this project, Bolton & Menk, Inc. will provide a
feasibility report to help determine the final assessment amount to be assessed to
the benefiting property owners. The feasibility report will include all aspects of
the project proposed.
Paul Oehme
November 13, 2006
Page 2
The area proposed for street reconstruction is northwest of Yosemite Avenue and Lake Lucy
Road. Approximately 1.05 miles of roads are proposed for reconstruction, including Yosemite
Avenue from 6481 Yosemite Avenue to the City limits, West 63rd Street from Yosemite Avenue
to Cardinal Avenue, Audubon Circle, Blue Jay Circle, Cardinal Avenue from West 63rd Street to
the City limits, Koehnen Circle West and Koehnen Circle East. Included in the project will be
storm sewer, watermain and sanitary sewer improvements.
These proposed improvements were identified using the City’s Pavement Management Program
and because of the utility problems in these areas.
Streets are recommended for reconstruction in the Koehnen area. These streets are 35 years old
and are in need of replacement and do not have concrete curb and gutter. The reconstruction
area includes approximately 1.05 miles of street, including West 63rd Street, Koehnen Circle
East, Koehnen Circle West, Cardinal Avenue, Blue Jay Circle, Audubon Circle and Yosemite
Avenue (from 6440 Yosemite Avenue to the City limits). Concrete curb and gutter will be
included in the street design. Also, the street improvement project will include replacement of
all watermain, replacement of some sanitary sewer, installation of storm sewer and construction
of storm water treatment ponds.
The watermain in this area is cast iron, which has resulted in 23 documented watermain breaks.
It is recommended to replace the watermain in this area along with the water services in the
right-of-way.
Televising of the sanitary sewer indicates that portions of this utility are “egged”, sagging and/or
cracked. Bolton & Menk, the consultant engineer the City has contracted for this project,
recommends that portions of the sanitary sewer exhibiting “extreme” sagging or segments that
are cracked be replaced.
Storm sewer will be installed and will outlet to one of three ponds that will be constructed in
conjunction with the project. The ponds will treat the runoff before discharging to other water
bodies.
Forty percent (40%) of the street rehabilitation costs are proposed to be assessed to the benefiting
property owners within the project area. The preliminary assessment amount for the Koehnen
area is $7,100/lot and is proposed to be assessed over a 10-year period at 6% interest. Final
assessment amounts will be based on the construction costs.
Approximately 25 residents attended the Koehnen area open house on December 8, 2005. The
following generalizes the questions and comments received at the open house:
· Why are the anticipated assessment costs so high?
· Who decided that these roads need to be reconstructed?
· Why is the City’s standard cul-de-sac 90 feet in diameter? It seems large.
· Upgrading Yosemite will increase the traffic volume on the road.
· Will trees be removed?
· What is the proposed timeline for this project?
Paul Oehme
November 13, 2006
Page 3
All property owners’ questions were answer at the meeting or with a follow up letter or phone
call. Another neighborhood meeting will be held on November 8, 2006- additional issues or
concerns brought up at this meeting will be presented to Council.
Copies of the feasibility report are available in the Engineering Department.
Funding for this project is proposed as follows:
ITEM ESTIMATED
PROJECT COST FUNDING
$ 1,200,000.00 Revolving assessment fund Streets $ 1,681,888.00 500,000.00 Municipal State Aid
Storm Sewer 599,750.00 610,000.00 Storm Sewer Utility Fund
Sanitary Sewer
Reconstruction
191,808.00 230,000.00 Sanitary Sewer Fund
Watermain
Reconstruction
610,284.00 660,000.00 Water Utility Fund
TOTAL $ 3,083,730.00 $ 3,200,000.00
The anticipated schedule of the project is as follows:
Neighborhood Meeting November 8, 2006
Public Hearing November 27, 2006
Neighborhood Meeting March, 2007
Assessment Hearing/Award Contract April, 2007
Start Construction May, 2007
Substantial Completion August, 2007
c: Marcus Thomas, Bolten & Menk, Inc.
G:\ENG\PUBLIC\07-01 KoehnenYosmite Road Imp\bkgd order & receive feasibility report 111306.doc
MEMORANDUM
TO: Paul Oehme, Dir. of Public Works/City Engineer
FROM: Alyson Fauske, Assistant City Engineer
DATE: November 13, 2006
SUBJECT: Tanadoona Drive/Dogwood Road Improvement Project No. 06-06:
Order Preparation of Feasibility Report
REQUESTED ACTION
Council is requested to order preparation of the feasibility report for the Tanadoona
Drive/Dogwood Road Improvement Project.
BACKGROUND
In February, 2006, Kimley-Horn & Associates prepared a draft feasibility study to
determine if the project is technically feasible and to provide preliminary cost
estimates. The cost of the feasibility report was paid for by a property owner.
The cost estimates were distributed to the neighbors at the second neighborhood
meeting held in April, 2006. A petition was circulated and 80% of the property
owners at that time were in support of the project moving forward.
At the August 14, 2006 City Council Work Session, staff provided an update on this
project in conjunction with the 2007 Street Improvement presentation.
On September 25, 2006, the City Council awarded the consultant contract for City
Project 06-06 to Kimley-Horn & Associates.
DISCUSSION
Kimley-Horn & Associates will update the feasibility report to include the option for
installation of curb and gutter and storm water ponding improvements. Funding for
the project will mainly come from assessments to the benefiting property owners.
The City’s portion of the project cost is currently estimated to be 17% of the project
cost. 100% of the sewer and water improvements will be assessed to the benefiting
property owners. The City will only participate in 60% of the existing street
improvement cost, consistent with the City’s assessment practice.
Paul Oehme
November 13, 2006
Page 2
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The anticipated schedule of the project is as follows:
Neighborhood meeting: November 9, 2006
Receive feasibility report; Call public hearing: November 27, 2006
Public hearing; Authorize preparation of plans and specs: December 11, 2006
Approve plans and specs; Authorize ad for bid: February 26, 2007
Bid opening: March, 2007
Award contract; Assessment Hearing: April, 2007
Start construction: May, 2007
Substantial project completion: Fall, 2007
RECOMMENDATION
Staff recommends that City Council authorize Kimley-Horn & Associates to prepare
the feasibility report for the Tanadoona Drive/Dogwood Road Improvement Project
No. 06-06.
c: Jon Horn, Kimley Horn & Associates
MEMORANDUM
TO: Paul Oehme, City Engineer/Public Works Director
FROM: Alyson Fauske, Assistant City Engineer
DATE: November 13, 2006
RE: Lakeside Development Contract
BACKGROUND
On October 23, 2006 City Council approved the final plat, development contract and
construction plans for the Lakeside development. After Council approval, the developer
submitted requested changes to the development contract. Staff and the City Attorney
have reviewed the changes and find them acceptable. In general, the changes are:
1. Paragraph 6 Security. The security amount is based on the estimated cost to
install improvements to serve the units within the final plat only. The letter of
credit can not be reduced below 10% of the original amount until all of the
proposed improvements are installed and a warranty is provided for public
improvements.
2. Paragraph 7 Notice. The telephone number was revised.
3. Paragraph 8 Other Special Conditions
A. Securities and Fees. The letter of credit amount was revised.
B. Planning Department Conditions of Approval, 1) A building permit
may also be issued for the community club house.
C. Engineering Department Conditions of Approval
2) A building permit may also be issued for the community club
house.
The condition regarding updating the grading plan to show the new
driveway alignment to Building A was deleted since the driveway
will remain as proposed.
18) Lateral sanitary sewer and watermain to service the lots and
blocks within the final plat shall be installed first. Once these
segments of sanitary sewer and watermain have been installed and
tested the developer may elect to extend the remainder of the lateral
sanitary sewer and watermain to serve future phases of the
development.
28) The following was added: In the event such asphalt is not installed by the above
date the Developer shall install prior to November 15, 2006 alternate asphalt roads in
a location and design as approved by the City Fire Marshall and the City engineering
department.
D. Environmental Resources Conditions of Approval
5) The applicant shall work with staff to revise the slopes within 30 feet of the
normal water level of Pond 1 to provide adequate access for future stormwater
infrastructure maintenance activities.
7) The SWPPP shall be revised as follows:
a. Include a sequencing/timing discussion of the erosion and sediment control
with includes, but is not limited to:
i. Sediment basin installation (prior to or concurrent with grading)
ii. Silt fence installation
iii. Grading
iv. Stockpiles (stabilization)
v. Temporary and permanent cover
b. Include information on seed mixes to be used.
i. Type (temporary or permanent cover) and mix name
ii. Location to be used
iii. Blanket type, if proposed and seed to be used with the blanket
c. If land disturbances are proposed at/on the beachlot, the SWPPP must
include details of the proposed erosion and sediment control measures
d. Temporary seed and mulch must be defined in the SWPPP (ie. when to use it
and what seed mix)
e. Wimco curb inlet protection is proposed; however, beehive structures
(surface drainage) should also be protected with Wimco inlet protection or
similar BMPs.
f. Reduced copies of the grading, erosion and sediment control plans should be
included in SWPPP
g. Remove unnecessary plans from the SWPPP (e.g., lighting)
h.Include existing conditions plan that shows grades prior to grading activity.
4. Paragraph 14 of General Conditions, Warranty. A warranty will only be required for public
improvements.
The Development Contract dated October 23, 2006 was not recorded, therefore these changes appear in a
new Development Contract dated November 13, 2006.
RECOMMENDATION
Staff recommends that the City Council approve the Lakeside Development Contract dated November 13,
2006.
G:\ENG\PROJECTS\K-O\Lakeside (Lakeview Hills site)\11-13-06 DC changes.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-9
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 November 13, 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 required
to improve the platted lots within the first plat Lakeside plat, 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 $642,935.02. The amount of the security was calculated as follows:
Site Grading/Erosion Control/Restoration $ 17,700.00
Sanitary Sewer $ 65,883.00
Watermain $ 67,507.00
Storm Sewer, Drainage System, including cleaning and maintenance $ 165,386.00
Streets $ 192,318.00
Sub-total, Construction Costs: $ 508,794.00
Engineering, surveying, and inspection (7% of construction costs) $ 35,615.58
Landscaping $ 18,476.80
Street lights: 18 lights x $1,200.00/light $ 21,600.00
Sub-total, Other Costs: $ 75,692.38
Total Cost of Improvements: $584,486.38
110% of Total Cost of Improvements: $642,935.02
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 for all phases of the Lakeside development, (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 for public improvements, 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: 952-835-2808
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 $642,935.02 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: $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
SP-4
B. PLANNING DEPARTMENT CONDITIONS OF APPROVAL
1. Model permits will be issued for the community club house, 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 and community club house 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. 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.
10. Pavement grades within the development shall not exceed 10%.
11. Ground (i.e. non-paved) surface grades shall not be less than 2% and shall not exceed
3H:1V.
SP-5
12. High point elevations between the catch basins must be shown along the east side of
Block 2.
13. 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.
14. An easement is required from the appropriate property owner for any off-site grading.
15. 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.
16. 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.
17. All retaining walls within a drainage and utility easement require an encroachment
agreement.
18. Lateral sanitary sewer and watermain to service the lots and blocks within the final plat
shall be installed first. Once these segments of sanitary sewer and watermain have
been installed and tested the developer may elect to extend the remainder of the lateral
sanitary sewer and watermain to serve future phases of the development.
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 and 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.
SP-6
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
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. In the event such asphalt is not installed by
the above date the Developer shall install prior to November 15, 2006 alternate asphalt
roads in a location and design as approved by the City Fire Marshall and the City
engineering department.
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
SP-7
revising the plans to utilize storm water as an amenity as part of a rain garden system
in this area.
5. The applicant shall work with staff to revise the slopes within 30 feet of the normal
water level of Pond 1 to provide adequate access for future stormwater infrastructure
maintenance activities.
6. The SWPPP should be revised to include the grading plan, erosion and sediment
control plan.
7. The SWPPP shall be revised as follows:
a. Include a sequencing/timing discussion of the erosion and sediment control with
includes, but is not limited to:
i. Sediment basin installation (prior to or concurrent with grading)
ii. Silt fence installation
iii. Grading
iv. Stockpiles (stabilization)
v. Temporary and permanent cover
b. Include information on seed mixes to be used.
i. Type (temporary or permanent cover) and mix name
ii. Location to be used
iii. Blanket type, if proposed and seed to be used with the blanket
c. If land disturbances are proposed at/on the beachlot, the SWPPP must include
details of the proposed erosion and sediment control measures
d. Temporary seed and mulch must be defined in the SWPPP (ie. when to use it and
what seed mix)
e. Wimco curb inlet protection is proposed; however, beehive structures (surface
drainage) should also be protected with Wimco inlet protection or similar BMPs.
f. Reduced copies of the grading, erosion and sediment control plans should be
included in SWPPP
g. Remove unnecessary plans from the SWPPP (e.g., lighting)
h. Include existing conditions plan that shows grades prior to grading activity
i. The grading plan and SWPPP shall indicate that dewatering activities need
authorization from on-site observer prior to dewatering occurring
8. 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.
9. Energy dissipation shall be provided for all inlets and outlets within 24 hours of
installation.
SP-8
10. 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.
11. 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).
12. Silt fence shall be placed at the proposed high water level elevation of the proposed
storm water pond.
13. 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.
14. 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.
15. 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.
16. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as needed.
17. 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.
18. 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.
SP-9
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.
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 Property
Parcel 1:
All that part of the Northeast Quarter of the Northeast Quarter, and of Government Lot 1, of Section 24, Township
116, Range 23, together with that part of the Southeast Quarter of the Southeast Quarter of Section 13, Township
116, Range 23, which lies East of a line drawn 641.67 feet West of, measured at a right angle to and parallel with
the East line of the Northeast Quarter of the Northeast Quarter of said Section 24, Township 116, Range 23 and its
extensions.
EXCEPTING therefrom the following described Tracts A and B:
Tract A:
All that part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116, Range 23, Carver
County, Minnesota described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northeast Quarter; thence South 0 degrees
20 minutes 00 seconds East along the East line of said Northeast Quarter of the Northeast Quarter a distance of
81.31 feet to the point of beginning of the land to be described; thence continuing South 0 degrees 20 minutes 00
seconds East along said East line a distance of 305.23 feet; thence South 77 degrees 17 minutes 36 seconds West a
distance of 656.93 feet to the West line of the East 641.67 feet of said Northeast Quarter of the Northeast Quarter;
thence North 0 degrees 20 minutes 00 seconds West parallel with said East line a distance of 394.67 feet to the
intersection with a line bearing South 85 degrees 05 minutes 38 seconds West from said point of beginning; thence
North 85 degrees 05 minutes 38 seconds East a distance of 643.72 feet to said point of beginning.
Tract B:
All that part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116, Range 23, together
with that part of the Southeast Quarter of the Southeast Quarter of Section 13, Township 116, Range 23, Carver
County, Minnesota which lies East of a line drawn 641.67 feet West of, measured at a right angle to and parallel
with the East line of Northeast Quarter of the Northeast Quarter, and its Northerly extension, and North of the
following described line:
Commencing at the Northeast corner of said Northeast Quarter of the Northeast Quarter, thence South 0 degrees
20 minutes 00 seconds East along the East line of said Northeast Quarter of the Northeast Quarter a distance of
81.31 feet to the point of beginning of the line to be described; thence South 85 degrees 05 minutes 38 seconds
West a distance of 643.72 feet to the West line of the East 641.67 feet of said Northeast Quarter of the Northeast
Quarter said line there terminating.
Parcel 2:
Outlot B, North Bay, according to the recorded plat thereof.
Carver County, Minnesota
Abstract Property
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 ______________________________
GC-1
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
GC-2
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
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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 public and private 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 public
improvements, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost
of the public improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and public 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 public 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
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and maintenance at the same time that the public street is accepted for ownership and maintenance. A
plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs
the 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.
GC-6
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees for
all costs, damages, or expenses which the City may 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
GC-7
(30) days following the acceptance of the public improvements unless otherwise approved by the City
Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service
in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this
Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also issue a
stop work order halting all plat development until the breach has been cured and the City has received
satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Building Permits. Except for the models and community club house, 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
GC-8
to the City signing the plat. The certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation of the insurance. The certificate may not contain any
disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time to
time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
K. 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
GC-9
operations. The provision of City snow plowing service does not constitute final acceptance of the
streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted by
the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2-year maintenance period.
Q. Soil Treatment 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.
GC-10
V. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of suitability of
soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no
fill material a soils report from a qualified soils engineer is not required unless the City's building
inspection department determines from observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report
from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On
lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils
engineer shall be provided before the City inspects the foundation for a building on the lot.
W. Haul Routes. The Developer, the Developer’s contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
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.
GC-11
Rev. 3/31/06
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Dir. of Public Works/City Engineer
DATE: November 13, 2006
SUBJ: TH 312/212 Project 03-09: Approve TH 212 Change Order with
MnDOT: Sanitary Sewer Extension to the Future Fire Station on
Lyman Boulevard
REQUESTED ACTION
Approve change order for TH 212 Improvements.
BACKGROUND
On September 25, 2006, the Council approved a change order to the TH 212
contract for turn lane for proposed future Fire Station and changing signal lighting
from cobra head to shoe box fixtures.
On February 13, 2006, the Council approved a change order to the TH 212
contract for adding decorative street lights to the Powers Boulevard bridge.
On July 10, 2006, staff updated the Council on the TH 212 project at a work
session and discussed other changes to the TH 212 contract.
DISCUSSION
Staff has negotiated a change order to the TH 212 contract with MnDOT for
extending sanitary sewer service to the future satellite fire station on Lyman
Boulevard in the amount of $13,270.38. Since the July 10, 2006 Council meeting,
the sanitary sewer pipe to the fire station has been installed. Staff just recently
received the change order paper work. Staff has reviewed the costs and finds
them acceptable. This is the last change order necessary for the future satellite
fire station. The total cost for the fire station improvements is $37,057 which is
well below the original estimate of $83,000 that staff discussed with the council
on July 10, 2006.
The following is a summary of the changes made to the TH 212 contract to date if
the proposed change order is approved:
Todd Gerhardt
November 13, 2006
Page 2
C:\DOCUME~1\karene\LOCALS~1\Temp\Staff Report.doc
Improvement Items Cost (+/-)
Deduct - Bluff Creek Bridge - $260,000
Add - Lights on Powers Blvd. - Council Approved 2/13/06 + $120,000
Add - Signal Shoebox Fixture Improvements – Council
Approved 9/25/06
+ $ 14,802
Add - Future Fire Station Turn Lane Improvements – Council
Approved 9/25/06
+ $ 23,787
Add – Future Fire Station Sanitary Sewer Extension + $ 13,270
Total - $ 88,141
The changes being proposed would be under the original contract amount with
MnDOT. Funding for the TH 212 improvements is being financed with the State
of Minnesota Loan Agreement. The only other change orders left for the Council
to consider is a casing for future watermain along Bluff Creek Drive and sewer
and water stubs at TH 101.
Staff recommends approval of the change order at this time.
Attachment
c: Charles Cadenhead, MnDOT
MEMORANDUM
TO: Paul Oehme, Director of Public Works/City Engineer
FROM: Alyson Fauske, Assistant City Engineer
DATE: November 13, 2006
SUBJECT: Extend time to file Development Contract and Final Plat mylars for Boulder
Cove- Project No. 06-15
(Simple Majority Vote Required)
On September 25, 2006 City Council approved the final plat, development contract and
construction plans for the Boulder Cove development. On October 17, 2006 Staff received an
email from the developer stating that he would not start this development this year.
Currently the final plat can not be filed until the legal description of the parent parcel is
clarified. The developer anticipates that the time required to finalize this legal description
would delay construction commencement until this winter, therefore he requests that the
deadline to file the final plat mylars and the development contract be extended to May 1, 2007.
The developer anticipates the project improvements to commence in spring, 2007.
The developer acknowledges that the cash fees collected with the final plat will be updated to
reflect those in effect at the time the development contract is to be filed.
Staff recommends that City Council extend the time to file the Boulder Cove Development
Contract and Final Plat to May 1, 2007 contingent upon payment of cash fees in effect at the
time of filing.
c: Roger Derrick, Cottage Homesteads at Boulder Cove
G:\ENG\PROJECTS\A-E\Boulder Cove\extend filing time 11-13-06.doc