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ADMINISTRATIVE SECTION Memo from Sharmin Al-Jaff dated September 20, 1990 and supporting documentation. ' Letter from MnDOT dated August 31, 1990. Letter from Governor Perpich and Leonard Levine dated August 17, ' 1990. Letter from Gail Quam dated September 14, 1990. Letter from Jim Walston dated September 4, 1990. Letter to Kerry Meagher dated September 6, 1990. Letter from Bob Long dated September 4, 1990. Letter to David O. Hansen dated September 10, 1990. Letter from Richard Heise dated September 13, 1990. Letter to Jeffry Chaffee dated September 14, 1990. Letter from Gary Peterson dated September 7, 1990. Memo from Sharmin Al-Jaff dated September 18, 1990. ' Memo from Paul Krauss dated September 17, 1990. Memo from Paul Krauss dated August 22, 1990 and supporting documentation. 1 I CITYOF it‘ CHANHASSEN ' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-19005 FAX (612) 937-5739 MEMORANDUM ' TO: Don Ashworth, City Manager FROM: Sharmin Al-Jaff, Planner I ' DATE: September 20, 1990 SUBJ: Febry Variance/Administrative Subdivision On Monday, September 25, 1989, the City Council denied a rear yard ' variance request for a deck. The variance was an after-the-fact request for a deck that had been built in the Pheasant Hills subdivision without a building permit. The Board of Adjustments had recommended denial and the City Council concurred two options ' were available to the applicant. They could revise the deck to eliminate the variance or obtain additional land. However, the City Council asked staff to delay taking action to have the deck ' brought into compliance. The exchange of land took place administratively on August 25, 1990. No new variances result and the original variance has been eliminated. No City Council action is required. Enclosed you will find a copy of the quit claim deed and the new site plan survey. • 1 jI. r jia Fenn No.174A—QUIT CLAIM DEED Hamra tVM I Coe,evaadnf Blurb(1978) ek..a,m co_u••na.oaa Individual(s)to Individual(s) -- -- -- No delinquent taxes and transfer entered;Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No._ ,19 I County Auditor by I Deputy STATE DEED TAX DUE HEREON: $ 3.30 Date: 4U9iiL57' O ' ,1990 I (reserved for recording data) FOR VALUABLE CONSIDERATION, William E. Febry and Nancy J. Febry, husband and wife Grantor(s), Imanul status) hereby convey(a)and quitclaim(s)to James P. Flowers and Betsey K. Flowers, husband and wife as joint tenants ,Grantee(s), real property in Carver County,Minnesota,described as follows: All that part of Lot 10, Block 1, Pheasant Hills 4th Addition, I Carver County, Minnesota, described as follows: Beginning at the Northwest corner of said Lot 10; thence on assumed bearing of South 2 degrees 45 minutes 37 seconds East along the West line of said Lot 10 a distance of 109.45 feet; thence North 11 degrees 30 minutes 45 seconds East 24.81 feet; thence North 14 '. degrees 37 minutes 48 seconds East 23.38 feet; then North 14 degrees 29 minutes 40 seconds West 64.44 feet to the point of beginning and there terminating. Containing 701 square feet. Subject to any and all easements of record. I (if morn max is needmt ntinua qn back) together with all hereditaments and appurtenances belon I. to. I ^illiam E. Febry , Affix Deed Tax Stamp Here ,4/L/1. a • �/ if N I a.c J. Fe.( STATE OF MINNESOTA COUNTY OF Carver } a. ,,t d� t� t�fe d Ca} T The forego am en, at scan Pattt� efooeere--Fi Z S. datfi!P 4 'ig 90 ' by ry y ry, usoara an -/� /J _� /{ ,Grantor()). ' NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) 4 f2 �, // i/� _ 1 SIGNATURE OT PRISON TAXING ACKNOWLEDGMENT CHA B.R'.� ��,,ss�� '11:at$0(I eu tm t►e rW.44mw daurilA l MI Mab�at*mad ttj��C� . • M'LTA � M sat w(Ietluea esmn aa8 ad8nr of Omun):--.$t-u(1148 i James P. Flowers Betsey R. Flowers I • 1721 Wood Duck Circle THIS INSTAUSILX7 WAS DIAFTED fY ONAYE ANDADDaZi):: FStcelsior, MN 55331 Patrick V. Johnson .4 .' p/ -, I ••• . SPEETER, JOHNSON, HAUTMAN d HAMILTON 2100 First Bank Place West I Minneapolis, 247 55402 (612)339-7566 I I . 1 . . . . ... _ . ,_ :- • .- - 1 • - ---\ . i ' •-. • - 11.4-.06-AlAt . .--- - • ••• . . • --._. . —- •. - -:•_ _ . .: --:- - . 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',.:_:--i_j4,- -,;,,' _ ___,„4 -, ,'---,-----='4.4.-•,--,:.,'::- ,-;!:---7--'-,'Iv'.K iy.1.1---e -,,„„.„,..,_1„..„__,„-v.,,,,ok- - - -_-_. _ ,----!'4.-..:-...1-.-7.'.. ._-,77_. _ -_- ' -- ' . OFFICIAL PLAT I R.L.S. FILE NO. AND SURVEY NO. , R.T. DOC. N0. ;+AVER COUNTY, MINNESOTA Is ‘ s iron monument found ��.k .!r.'' s 1 /2" x 1 5" iron monument / . "s •'•% rked R.L.S. 14700 kN'f 1 : . ` ' / klA t!')w I NP 1 ‘-x ' ,v, , • , �• ` V of �"• S�1• 1 O I • 2 .--- I� .k `,,a-/4,0 t I O • �;"�i a 1 % • i 4♦ �-,p O'� a t" A • ...v..%ti. I e • 13 ,u) li" Si °:111 OIL 111.• .-■, Ir.' a ' } i • e• ♦ V.—L. J � . s 1 ►—:- e • f'.1 .. 1 ..� 1I t r/ di I ,�v 6, s w s9. 1 1 0 I ' `' •.. �.i • -r .% �C L_:: •in accordance with the provisions of Chapter 508, Minnesota Statutes of we surveyed the following described property situated in the County of v4 asota,. to-wit: II- .ock 1 , PHEASANT HILLS 4TH ADDITION, according to the recorded plat thereof. or hereon is a correct delineation of said survey. Of , 195k_. . -.44grtidgfe■Legi:pr -', Paul B. Schoborg, Land Surveyor, Minnesota License No. 14700 • II r_ t. -. ._ - . 1 City.Council Meeting - Sef fiber 25, 1989 ` f'_ REAR YARD SETBACK VARIANCE REQUEST FOR AN EXISTING DECK, 1710 TEAL CIRCLE, BILL li!� , AND NANCY FERRY. Paul Krauss: The applicants are requesting a rear yard setback variance from 25 II feet down to 16 feet for construction of a deck. No building permit had been requested for this deck and construction was not authorized. Staff only became aware of it in responding to a complaint that was phoned in fran one of the I neighbors. We're unable to find any hardship in this instance. Had the applicant obtained a building permit thorugh the usual channels, he would have been informed as to the limitations of the lot and we think could have designed a deck that was consistent with those setbacks. The hardship as it is is self I made here because obviously the deck was installed without any city approvals. Staff is recommending that the variance be denied and that the deck be rebuilt to be consistent with City standards. The Board of Adjustments reviewed the Iitem tonight and voted to deny the application. Mayor C1 iel: Thank you. ICouncilman Johnson: Can I ask one question? Mayor C•nniel: Sure. ICouncilman Johnson: Do we know who built, was it a builder or was it built privately? IIPaul Krauss: It was the applicant. It was the homeowner. Councilman Johnson: There was no builder? IICouncilman Boyt: There was a builder involved. IICouncilman Johnson: A construction company? Councilwoman Dimler: But not with the deck. IICouncilman Johnson: So it was a hone made deck? • Mayor Cmiel: The deck is very substantial. I was over there this evening and IIlooked at it. Councilman Johnson: I was over there yesterday. IMayor Chmiel: Bill, would you like to. II Bill Febry: As I said earlier this evening, my wife and I and our three daughters are new to Minnesota and without shedding any tear drops or asking for a great deal of mercy, we have moved our family 8 times in 10 years. We've lived in 5 different states and this is the first new home that we've owned. 1 Along that path I decided to leave the job that I had and take on a new job responsibility here in the Twin Cities area to put same stability in our i family's life. I don't know much about building. I personally did not build i:: II the deck. I had a brother-in-law who builds decks for a living in Texas fly up and put this thing together. The point that I made earlier this evening was II54 City Council Meeting - _?tember 25, 1989 '. that not understanding codes, ordinances, or anything that you folks deal with on a regular basis, we don't ask the types of questions that someone in the business normally would nor did we anticipate this. When I met with the builder, I explained the type of home that we wanted. We looked at it and I also at that point in time, based on his pricing of a deck, indicated to him that there was a family member who could build a bigger and nicer deck and he agreed with that and said fine. That's why it never appeared on the plan. At the same time, the developer was fully aware of our intentions. The size of hare. The type of deck that we wanted built and at no time did either party indicate to Nancy or myself that this would be a problem on this piece of property. If in fact that would have been the case ladies and gentlemen, we would have not purchased this piece of land because this was to be our dream home. Again, we're not aware of how far back you had to be building a deck to the lot line and so on. I would have found a different lot and I told the developer that and I told the builder that. It's a little late now but unfortunately we closed on the home and everyone has been paid and we're here in front of you tonight. We have a couple of nice decks there. It's not that we have such a large family that we need two decks but we had intended on building a screened in porch on the upper deck. That's why it's as big as it is and maybe eventually make it into a four season porch or whatever. That necessitated another deck, a lower deck that we could spend some time outside with. That's essentially the situation. You've seen the deck. It's all redwood. The bill we got from Scheer Brothers was $2,000.00 for materials plus my brother-in-law's airfare here and a few beers on the side. That's where we're at so when we got this notice, first we were upset and we didn't understand what had happened and we called the builder and of course they informed us that yes, that we have a problem on our hands and I also contacted the developer and of couuse they said, yes we have a problem on our hands so by golly, we have a problem on our hands. They were right. So they were upfront about that but we're here and we've got some neighbors that own property adjacent to ours. As you've seen out there, it's wooded and I certainly don't want to be that close to my neighbors and appreciate the privacy that we have so. I don't know if you'd like to hear from a few of these folks, we'll try to keep it short. I notice the last thing on the agenda this evening was shortening meetings so I want to certainly try and set the example and move along here so thank you. Mayor Chmiel: Thank you. Tom Nye: My name is Tom Nye. I live at 1641 West 63rd Street. I have 1,000 feet that is adjacent to Pheasant Hills 4th Addition. My property abuts up against Mr. Febry's. I have in the pest been most vocal about same things that have happened in Pheasant Hills that I've found disturbing but at no time have I ever found any phase of construction of Mr. Febry's obtrusive at all. In fact, I can't even see this deck from my property at any point just by his property being adjacent. Closer examination shows it to be a real asset to the community and I feel he's being singled out in that neighborhood when there's probably other cases that might be more objectionable. There's no objection from me who has probably more at stake on that one section than anybody else except his immediately neighbor behind him so there's nobody that objects to it . and I question who called in the first place. Jim Flowers: My name is Jim Flowers. I'm at 1721 Wood Dick Circle and I'm the one that's adjacent to him in the back. In fact my deck looks at his deck in 55 City.Council Meeting - Ser Aber 25, 1989 •' kind of a way except for there happe ns t o be about S0 feet of woods. If you've been out there, you've taken a look at that and I happen to think the deck is a ' very nice addition also. It is redwood. It fits in with the trees and it's far enough apart that we're not looking at each other all the time but I .think if you had to build kind of this funny looking little line deck, I'm not sure what Bill could put up there that would look as nice as what he's got there now. I think there's no problem with it as far as I'm concerned and I am the one that probably is affected by it more than anybody else. Mike Kester: I'm Mike Kester and I'm going to be living at 1641 and I think that when Tom Klingelhutz had that development, he didn't know it was going to be quite as good as he anticipated and I feel that it's a real asset to their house. With wooded area behind, I don't think there'd be any problem. Mayor Chmiel: Thank you. Anyone else? If not, any discussion? Councilman Johnson: First I'd like to ask Roger about the pending legislation. Do we know how pending that pending legislation we've been discussing the last few times regarding variances? ' Roger Knutson: Yes. I have testified before a legislative mini-session down in Rochester on the pending land use bill. And interestingly, the only issue, the II only two issues in the whole darn bill that got everyone's interest up and one was variances. The other was impact. Variances was the hottest issue there. I'm not a phrophet but I would anticipate, I shouldn't even say this because you ' never know what the legislature will do but I'll go out on a limb and say I think there's every reason to believe that a bill will be passed this session, but I don't know that. ' Councilman Workman: For what? To do what? Roger Knutson: To rewrite the whole land use law. One of the things that would I be rewritten is the variance provision and as drafted now, and I don't know what's going to happen to it, but as drafted now, in addition to the present situation where State Statutes say what the requirements are for a variance, I they're going to say, or such other conditions as the City Council may put into their own ordinances. Give you really the right to state when you want to grant an ordinance. IIMayor Chmiel: When will this be formally? Is this with the tax bill too that's coming through? IRoger Knutson: No. Mayor Chmiel: It's coming up next legislative session? I . Roger Knutson: Yes. It was introduced last session. Last March. It's still be studied. Lots of people are looking at it. Generally people are in favor of the idea. 1Councilman Johnson: We're talking next year? Roger Knutson: Yes. [E: 1 56 City Council Meeting - ntember 25, 1989 • Mayor C miiel: Doesn't really help us right now though? 1r- Roger Knutson: No. , Councilman Johnson: For those of you listening and wondering what we're talking about, the State requires, controls when we can and can't grant a variance because they make the laws. These are the laws. These are the standards. It's like speed limit laws. The State says such and such a street has to have a 30 mph speed limit. We're not allowed to go in there and give it a 50 mph or 25 mph. We have to give it a 30. The State does the same thing with variances and land uses. If you sat through it earlier, they went through those 5 conditions. For us to grant�a variance we have to find that those all 5 conditions have been met. ' Councilman Workman: Were the footings put in by the builder for this deck? Bill Febry: Yes they were. ' Councilman Johnson: Which builder? Bill Febry: ...I mentioned earlier to the committee that this is the first home that he has built in Chanhassen. I'm not here to speak for him because he's in the business obviously and I'm not but the footings were put in prior to final , inspection. Again, I wish someone would have said something to me then because I wouldn't have invested the money and the time in what I have. I would have tried to, in lieu of the fact that I already bought the property and the home, designed something differently. Councilman Johnson: Were they on the blueprints? Bill Febry: No. I guess if you discussed it with the builder and the developer and they don't say anything about it and they know what's happening, then we're kind of caught. That's why we're a little disgruntled over it. Not so much with the political process but with the fact that you invest a great deal of money, at least for us, in something that is to be an exceptional piece of property and ownership and two groups don't come forward and tell you the whole story. That's tough.. ' Mayor Chmiel: Yeah. I was thinking about this quite a little bit this evening and I even had to sit down and write something. It's not really going to help you but it at least expresses my feelings on this. I wish there were a way that we could accommodate that variance. I really do because I know there's a lot of hard work and a lot of thought put into what you did. What I basically had written down here is that we may think that we live in a world where anything goes but if we didn't follow rules of laws, etiquette, grammar, life would be really sort of harsh. Rules make life sort of warm and easier and secure. I find that Chanhassen is like every other catmunity and we have to really abide 1 by what rules we have. We have stopped people from building decks. People who wanted to put on additions because of this side yard variances and so on. I guess that really is where I'm caning from. Not as much as I'd like to. I'd . much rather see you accommodated with what's there. Let me ask another question. By 9 feet, this is a 14 foot depth and 9 feet off that, that would only leave that deck 5 feet right? That's not going to be worth having. 57 City Council Meeting - Sep' -fiber 25, 1989 ' Paul Krauss: That's true Mayor. The northern deck, or the lower one. The one that's behind the garage, could be larger because the home is canted from the back property line. Mayor Chmiel: And I was out there and I looked at that. It's well constructed. There's no question in my mind. I wish mine were as well constructed. IBill Febry: I'll give you his business card. You can fly him up. Well, if I could add something else. In the future, if there's same way that the City could figure out how to be a bit more of an informant to people from out of state or out of the Twin Cities area to let them know that there are, when developers are in the business to make money like everyone else. I sat and listened to the gentleman before this and all I thought of was boy, I'd like to I get up and ask him if there's room enough on each one of those lots for people like Nancy and I to build the type of home and deck that we would like. I II wanted to ask him that but of course it wasn't my place or time but the point I'm making is, I don't know how you could address this for people in the future but it certainly would avoid people like us, and I understand through Ursula earlier on that we're not the only ones. There have been several people that ' have faced this so it is a problem and it's an ethics problem as far as I'm concerned. These people that are in the business. We would have bought a different lot. That's how simple that is. ICouncilman Workman: I think the variance system is actually not bad at all. We don't have a variance system. We're not giving out variances. We don't have flexibility. We're not doing anything. We've had long time residents of this IIcommunity that I'd like to do nothing better than to give them 2 feet but we weren't. I'd like to say welcome to the community and say yes, that'd be very easy for me and I think this is all supposed to be set up so that it is easy for - I me to make the decision to say no, forget it you know but it's not. It doesn't make it any easier. Case by case, piece by piece, we've again charged people for an application for a variance which they probably didn't have a chance in all get out of getting. So the warning needs to go up there too. Not that we I can tell you hey, forget it because they're not going to do it. Here's the line. You can't build over it and the Board of Adjustments is going to deny it and then we're going to reinforce the Board of Adjustments and that's the way it ' is. I received more than one call from somebody, from folks on the other side of the fence saying you're going to do it for one, do it for all. That's again supposed to make it easy. I've been on the Council for 8 months, 9 months, and I'm actually only 14. I look older now. But boy I can see the faces of the Ifolks that were supposed to have, wanted the same thing who have lived here for years. They're going to line up outside that door and say what's going on. But again, I'm disappointed for you and for us in that we really, where I think ' we're supposed to have some flexibility, we don't have it. The only advice i can give you is after the legislature here passes their law, save your lumber. We can put it up. Again, I'm disappointed for you. I'm sure it's beautiful. I Ididn't have to go out there quite frankly. I didn't have to go out there and look because I knew what was going to happen so it's disappointing. It's money ill spent for the variance. End of preaching. Let's deny these people. Put them out of their misery and let them go home and go to bed. • 1 Councilman Johnson: Include a refund of the variance fee? 67 58 City Council Meeting - Member 25, 1989 Councilman Boyt: No. Can't. Too much staff time. How are you i ' gong to do that? And I think the staff, and correct me if I'm wrong, but I think when you brought in this application, staff said to you it's not the kind of thing that's going to be approved. That's what they're supposed to tell you. Is that what they told you? But you didn't have a choice. If I had $2,000.00 into that deck, I certainly would have paid my $75.00 and given it a shot but staff routinely Tom advises people of what their chances probably are and we've been pretty consistent on this so I think it's easy for staff to give you an idea. Bill Febry: I understand what you're saying. I just have one more question and I don't mean to sound argumentive here but I'm a firm believer in uniform enforcement also and I'm not asking for special favors and so on tonight. I understand the situation here. However, if it's going to be uniform, then it should be and what I've seen and been told, not by any legal counsel but at this point, that things were overlooked and not everyone is checked into as far as permits and distances and things like that. Again, I'll drop it at that point but it should be uniform and I appreciate, my wife and I, your efforts to be upfront about those things. I would only ask that the rest of than out there that are totally cognizant of what's happening and what should and shouldn't happen ought to be looked at in length. ' Councilman Johnson: It's difficult to find, when somebody doesn't, somebody has to turn you in basically. , Councilwoman Dimler: Yes, remember I said that at our Board of Adjustment meetings. We would never have come looking for it but since there was a complaint registered, staff had to look into it and they had to bring it before us. Councilman Johnson: I don't know how many basements have been finished in this city without a permit. How many decks have been built. In the 2 1/2 or 2 years, 9 months, whatever I've been here, we've seen quite a few of than come in that have been built and later came back. In fact we're going to see one on Lotus Lake aren't we? Councilman Boyt: In all frankness, one of the complaints that I received is that the City hasn't been looking. The residents that have complained to me, and there haven't been a great many but there's been more than 5 or 6 in the last year, who've said why isn't the City out enforcing this? Why did you have to.wait until I called in order to respond to this and it's everything from ' erosion control barriers being down to decks. I think that if we're going to enforce it, that means that we enforce it. We don't close our eyes to a situation that City staff or one of us sees. I Mayor Chmiel: I've had some discussions here with Don. Maybe you can just... Don Ashworth: If I hear what the City Council is saying, number one, you feel , for the applicant in terms that there's a number of things that have occurred regarding this permit process which if we had local flexibility we might feel differently about. In other words, the sentiment of the neighbors as it applies to the deck. The circumstances as it dealt with the permit issuance and recognizing the move from states. I also hear the Council saying, very correctely that their hands are tied in terms of State Statute as it's currently written. The only alternative that I can come up with, I did visit very shortly 59 ' City Council Meeting -, Sep fiber 25, 1989 with the attorney on, I would see the Council's action really being one of denial of the variance but in that process instructing staff not to pursue the ' literal enforcement against the property owners for a period of time. I will pick out a one year period of time and during that one year period of time, if Roger is correct and the legislature does make amend to the land use section of ' State Statute and if that amendment process provides you with the flexibility that Roger was discussing, then we can came back and deal with the issue as it would apply to these owners and would give us a little more flexibility at that point. Again, I think that the specific action would have to be one of denial. ' There would have to be agreement reached with the owner where we would put in writing basically what is occurring, and that would ensure same protections back to the City so that tomorrow you don't sell the home and 2 weeks from today I we're dealing with a new owner. Totally unsuspecting. Whatever. I don't know if that solution in any way will work. I do not know if Roger's prediction that the legislature will make that change or not but potentially it could at least ' put the order stay for a period of time to find out whether or not the legislature will make that change or not. Again, I don't know if that's something. ICouncilwoman Dimler: Are you saying we aren't going to prosecute for a year? Don Ashworth: That's correct. 1 Councilwoman Dimler: So you're safe for a year. ' Councilman Workman: Is the deck completed? Councilman Johnson: Oh yeah. IICouncilman Workman: But you don't have it screened in? Mayor (i miel: No. ICouncilman Workman: You might want to hold off. II Councilman Boyt: Yeah. You can't add anything to the deck. I think if you asked Roger, in fact I'll ask him so he can tell you. What impact, no matter what the legislature changes, what impact will neighbor opinion have on our ability to either grant or deny a variance? IIRoger Knutson: None. ' Councilman Boyt: So we're going to have to came up with some kind of criteria and I don't think that's going to be easy. I think that's why we've got the State gave us the ones that they did is there just isn't an easy way to be II flexible on these consistently. Don Ashworth: That may be true. II Councilman Boyt: I've no problems with giving a 1 year extension or however you word that but I just would hold out no hope. II Mayor Chmiel: In the event that it doesn't happen, then something has to be done. ' 60 ,. 'City Council Meeting - September 25, 1989 1r- Councilman Johnson: I think that it's interesting and I'd like our Code II Enforcement people to look into the fact that the builder built the foundations for this in the rear yard setback. As a professional builder, he should know II better, and see what we have for that action taken beyond the Wilding permit that was issued to him. The fact that our staff didn't notice the foundations out back when they're inside doing the final inspections. It does not relieve the builder of any liability in any case but generally when you have a violation II of a law or an ordinance, code enforcement should be involved instead of zoning is my opinion anyway. If you're parked someplace, we don't get zoning involved trying to change it to a parking area. Code enforcement gets involved. Public II safety gets involved and issues a parking ticket. Councilman Workman: I'd move denial of the variance with a one year extension for this already built deck until leadership from the State is relaxed. 1 Mayor Cbrmiel: With the additional conditions that Don had mentioned within there. Indicating that hopefully you don't sell that home, that it goes to II another property owner. If it does, it has to be removed for that with some kind of condition in it. Bill Febry: My interpretation of that is if the legislation is pending, during I that one year time frame... IFIL Mayor CtxTiiel: And is passed, then you're in good shape. 1 Don Ashworth: It would have to code back to the City Council and establish local rules and that may still not help you but it sounds as though the Council II would sure like to give it a try and see if they can't find something to help you. Councilman Workman moved, Mayor Comiel seconded to deny the request for a rear II yard setback variance for an existing deck at 1710 Teal Circle with a 1 year extension for enforcement with the condition that if the property is sold during I that time, the deck shall be made to conform to city ordinances. All voted in favor and the motion carried. -1``C t CONSIDER PETITION TO DELETE SIDEWALK REQUIRE4ENTS IN CURRY FARMS ADDITION. II ✓t1'-' Councilman Boyt: Mr. Mayor, I would suggest that we're probably not going to get past item 7 tonight and maybe we can mention that to anyone who would be II waiting for the other items. Mayor C1hmiel: If you ever get back to item 12, those are same of the concerns I II have which is how to shorten agendas. Lori Sietsema: The City recently received a petition from the Curry Farms residents requesting that the sidewalk requirement be reconsidered. This item • II was taken to the Park and Recreation Commission at their last meeting and there was quite a bit of discussion as I understand in that the bottom line, the motion was made to delete the requirement that the sidewalk be required and , instead collect the trail dedication fees from the developer. The motion carried 4 to 1. II 61 1 `, I TY 0 F BOA DATE: Sept. 25, 1989 1 \ 1V4 C11111111ASSZN C.C. DATE: CASE NO: 89-12 Variance IPrepared by: Al-Jaff/v STAFF REPORT I IIPROPOSAL: A 9 Foot Rear Yard Variance For an Existing Deck and a 2 Foot Rear Yard Variance for an Existing I Z Deck IV LOCATION: 1710 Teal Circle I9r- APPLICANT: William lliam Febry .._________ _ 1710 Teal Circle IExcelsior, MN 55331 q-?-5.4__ I . • ] IPRESENT ZONING: PUD, Planned Unit Development ACREAGE. .345 acres IDENSITY: ADJACENT ZONING IAND LAND USE: N- RSF; single family Q S- PUD; single family • 114". E- PUD; single family 0 W- PUD; single family IW I..,. WATER AND SEWER: Available to the site. IIIIMIM PHYSICAL CHARAC. : The site is heavily wooded. II2000 LAND USE PLAN: Low Densit y Residential I I . F . I BN c o 0 o S s D . o o 1 8 C N N N g 8 p _ N -N MAN R RD '-_�.0-' I/f"il� _ - - - -4 ar'ciime Nri Mr411400.77.nirmen : to,*A ,- , ♦ARIIMMIt 43m r; V:S,„1,-#4111W 4_ iii..is if lir n '�4,1 Vii♦. f 0. airomormiek3-c-, .� _-404.4 ;4• • RING itiliii a D�D�� -- - fir ,! : allOWN 40 1 1°:46' OI i,a ����•,�4 WOOD •TEAL . ---- ■E O '.��� DT KCLEECIRC 1/ ��WA F LAKE _ *-.\ f r , 4:31111.1"-r4 . , . .... _ .„ It Cold. • �r W c1,De Lo cation s Mirzr 0, RR i� -� - - - f il „` „ Aft. 1 ■ .1 HARRISON`411* - - • . PUD• _t- 11. -/ ri ♦ 41 1 • 1 WILLIAM FEBRY VARIANCE ' SEPTEMBER 25, 1989 BACKGROUND: The City of Chanhassen received a complaint regarding a deck built 16 feet from the rear yard lot line, located at 1710 Teal Circle . APPLICABLE REGULATIONS Section 20-615 of the Zoning Ordinance requires a 30 foot setback for a rear yard (Attachment #1) . Section 20-908-d. of the Zoning Ordinance allows unenclosed decks to project 5 feet into the rear yard (Attachment #2 ) . ANALYSIS, The applicant lives at the existing home at 1710 Teal Circle . ' The lot has two existing decks which were built before applying for a building permit . The two decks are at different levels . The upper deck which has dimensions of 20 ' feet in width and 14 feet in depth, requires a 9 foot rear yard setback variance . The lower deck which has dimensions of 14 feet in width and 14 feet in depth, requires a 2 foot rear yard setback variance . The upper deck and lower deck ' are connected by a stair case (Attachment 3 ) . Both decks require minor structural alteration to meet minimum building code . The adjacent lot located to the west of the lot in ' question is screened by a continuous row of fully grown trees and shrubbery. The Board of Adjustments and Appeals shall not recommend and the Council shall not grant, a variance unless they find the following hardship and practical difficulty. ' A. That the literal enforcement of the Ordinance would cause undue hardship and practical difficulty. ' * The literal enforcement of the Ordinance will not cause undue hardship or practical difficulty on the applicant. The applicant has full use of the property. ' B. That the hardship is caused by special conditions and circumstances which are peculiar to the land and structure involved and which are not characteristic of or applicable to other lands of structures in the same district. * It would have been possible to meet the required rear yard setbacks and a variance would not have been required had the applicant used the upper deck as a 5 foot vide walk way that would lead to the love deck, and had the lower deck 12 feet deep instead of 14 feet. C. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights . * The applicant has use of the property. D. That the special conditions and circumstances are not a consequence of a self-created hardship. * The circumstance is a self-created hardship. Had the , applicant followed the proper procedure by applying for a building permit, staff would have aided the applicant and recommended an alternative for the proposed design. E. That the variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City of the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance . ' * Although the adjacent property is protected by fully grown trees and shrubbery, approval of this variance will not be in keeping with the spirit of the Zoning Ordinance . RECOMMENDATION Staff is recommending denial of Variance Request #89-12 for a 9 foot and 2 foot rear yard variance as shown on the site plan dated February 24, 1989 . ATTACHMENTS 1. Zoning Ordinance -Section 20-615 2 . Zoning Ordinance -Section 20-908 3 Application. 4 . Existing Features and Proposed site plan dated February 24, 1989 . 5. Letter from complainant dated July 24, 1989. I • ZONING §20-631 Sec. 20-614. Conditional uses. ' The following are conditional uses in an"RSF"District: (1) Churches. ' (2) Private stables,subject to provisions of chapter 5,article III. (3) Recreational beach lots. ' (4) Commercial stable with a minimum lot size of five(5)acres. (Ord.No. 80,Art.V, § 5(5-5-4), 12-15-86) State law reference—Conditional uses,M.S. §462.3595. Sec. 20-615. Lot requirements and setbacks. ' The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter: ' (1) The minimum lot area is fifteen thousand(15,000)square feet. (2) The minimum lot frontage is ninety(90)feet,except that lots fronting on a cul-de-sac I( shall be ninety(90)feet in width at the building setback line. (3) The minimum lot depth is one hundred fifty(n.03 feet. C (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) 1 percent. (5) The setbacks are as follows: ' a. For front yards,thirty(30)feet. b. For rear yards, thirty(30)feet. c. For side yards, ten(10)feet. (6) The maximum height is as follows: a. For the principal structure, three(3)stories/forty(40)feet. I b. For accessory structures, three(3)stories/forty(40)feet. (Ord. No. 80,Art. V, § 5(5-5-5), 12-15-86) ' Secs. 20-616-20-630. Reserved. ' ARTICLE XIII. "R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT ' Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family and attached residential development at a maximum net density of four(4)dwelling units per acre. (Ord. No. 80, Art. V, § 6(5-6-1), 12-15-86) 1209 1. § 20-907 CHANHASSEN CITY CODE 4./ towers,chimneys,smoke stacks,flag poles,masts and aerials;communication transmis- sion towers; parapet walls extending not more than four (4) feet above the limiting height of the building. (2) Places of public assembly in churches, schools and other public and semi-public buildings, provided that these are located on the first floor of such building and • provided that for each three(3)feet by which the heights of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district. (Ord.No.80,Art.VI, § 10, 12-15-86) Sec. 20-908. Yard regulations. ' The following requirements qualify or supplement district regulations. Yard measure- ments shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications: (1) Every part of a required yard or court shall be open and unobstructed. (2) A yard, court, or other open space of one (1) building used to comply with the provisions of this chapter shall not again be used as a yard,court,or other open space for another building. (3) Except as provided in the business, industrial, and office districts, the front yard 0 ) setback requirements shall be observed on each street side of a corner lot;provided, however, that the remaining two(2)yards will meet the side yard setbacks. , (4) On double frontage lots, the required front yard shall be provided on both streets. Whenever possible,structures should face the existing street. (5) The following shall not be considered to be obstructions: a. Into any required front yard,or required side yard adjoining a side street lot line; cornices, canopies, eaves, or other architectural features may project a distance not exceeding two(2)feet, six(6) inches; fire escapes may project a distance not exceeding four(4)feet, six(6)inches;an uncovered stair and necessary landings may project a distance not to exceed six(6)feet,provided such stair and landing shall not extend above the entrance floor of the building;bay windows,balconies, open orches and chimneys may project a distance not exceeding three (3) feet; unenclosed decks and patios may project a distance not exceeding five(5)feet and shall not be located in a drainage and utility easement. Other canopies may be permitted by conditional use permit. ( b. The above-named features may project into any required yard adjoining an \ interior Iot line, subject to the limitations cited above. c. Porches that encroach into the required front yard and which were in existence • • ' on February 19, 1987 may be enclosed or completely rebuilt in the same location provided that-any porch that is to be completely rebuilt must have at least a ten-foot minimum front yard. 1232 .1 ZONING § 20-910 Ilk 441,. d. Subject to the setback requirements in section 20-904, the following are permit- ted in the rear yard: enclosed or open off-street parking spaces; accessory struc- ' tures,toolrooms, and similar buildings or structures for domestic storage.Balco- nies, breezeways and open porches, unenclosed decks and patios, and one-story bay windows may project into the rear yard a distance not to exceed five(5)feet. I (Ord.No. 80,Art.VI, § 11, 12-15-86) Sec. 20-909. Outdoor storage. IAs otherwise regulated,all outdoor storage is prohibited except: (1) Clothes line poles and wires. I (2) Construction and landscaping material currently being used on the premises. (3) Swings, slides and other play equipment. 1 (4) Outdoor furniture and lawn and garden equipment. (5) Wood for burning in a fireplace,stove or furnace provided it is stored as follows: I a. In a neat and secure stack, not exceeding four(4)feet. b. The wood stack is not infested with rodents. c. The wood is not kept in a front yard. (6) Continued storage of boats,all-terrain vehicles and snowmobiles may be stored in the side or rear yard behind the required front setback. I (7) Outside storage of tires is prohibited. (Ord. No. 80,Art. VI, § 13, 12-15-86) ISec. 20-910. Storage of recreation vehicles. I Recreational vehicles may be parked or stored in a residential or agricultural district provided the following conditions are met: (1) No more than one.(1) recreational vehicle may be parked or stored outside on a Iresidential lot. Additional recreational vehicles may be kept within an enclosed structure which otherwise conforms to the zoning requirements of the district. I (2) Recreational vehicles must be maintained in a clean,well-kept,operable condition. (3) Recreational vehicles shall be mobile and shall not be permanently affixed in the ground in.a manner that would prevent removal. 1 (4) Recreational vehicles may be parked or stored only on the rear or side yard behind the required front yard setback. The parking or storage of recreational vehicles on 1 the rear or side yard, as permitted herein, may be on surfaced or unsurfaced areas. fra— (5) Recreational vehicles may be stored on a lot without regard to the location on the lot for the sole and express purpose of loading and unloading for a period not to exceed twenty-four(24)hours. 1233 I It LAND DEVELOPMENT APPLICATION I CITY -OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 I (612) 937-1900 APPLICANT: ►Vil��(1c/t- ---& ti t OWNER: ' 1\\CMCIr t � i ti Rip( ADDRESS t1 1 O 1 €a t c..i�C CIS ADDRESS 11 1 (� TPOLt Ct{c1 e I bt cr \Slo! 5c 3 3 I El,Ce\Slo( 5537)1 i , Zip Code �� ,{ Zip Code I TELEPHONE (Daytime) iii - 2 i a $ TELEPHONE ))`114 • w `b REQUEST: I Zoning District Change Planned Unit Development Zoning Appeal Sketch Plan I Y Preliminary Plan Zoning Variance Final Plan I Zoning Text Amendment Subdivision Land Use Plan Amendment Platting I Metes and Bounds Conditional Use Permit Street/Easement Vacation I Site Plan Review Wetlands Permit PROJECT NAME \ ul '∎ \\l Gt rIN d !\ ck'1 C y Feb'/ I PRESENT LAND USE PLAN DESIGNATION P U D - ' \ REQUESTED LAND USE PLAN DESIGNATION ,I D . I PRESENT ZONING 1z J . P U ID — �-- I REQUESTED ZONING " l�St j U USES PROPOSED `( O ( I C& \c f '6( ..e l t1 S4--i Cl deck I SIZE OF PROPERTY ' "` , ' .0t �q. .P. LOCATION f r1 ( O Tent C1(Ct -c. J ' REASONS FOR THIS REQUEST 41 SS+bat\K Va f 1 Q11 C Qs +0 Ke,ef 6s 'tn3 de Mhicy was \ouch (AithoA- () 04 i LEGAL DESCRIPTION (Attach legal if necessary) See, (k- o c he4A t ::._.v:_t) AUG Z9i t9 1 WI OE CHANHASSEN ' City of Chanhassen Land Development Application Page 2 FILING INSTRUCTIONS : ' This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before ' filing this application, you should confer with the City Planner to determine the specific ordinance and procedural requirements applicable to your application. ' FILING CERTIFICATION: ' The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances . Signed By grt" L • :Jrl'.lay ''2 Date g' VA licant (� The undersigned hereby certifies that authorized to make this application for hthe pproperty hherein n described. ' Signed By Date Fee Owner II Date Application Received O ' ' Application Fee Paid Q9 City Receipt No. �to6 ' * This Application will be considered by the Planning Commission/ Board of Adjustments and Appeals at their meeting. 1 • - . ..- ..--.— • , II. I. I 1 . . r i g . iicp • . .. 710 .4 • (<./ 8 1 45 -- E t pi c 8 . cy p r. .7,. e I., 4 .-.. 0 im Q. a ,A g g g g g \q... , c 3 1-) 1' *c° .° - . a 1.r.. arSLAS f i • r.4- . / .' 4.` 0 CI 0 -•••• 1 , 1 • A '‘....;4°: 6 D. .ii:1/41' 4 ...\./ • • C-, ' ••'/. v.7 8 x I lir , ' 4/ t,/\`•</ \ \ 'x \ • ''' i! •' ' / .. \., • . . / I \'■ 7,(-`';.:. -- .-•'-\. 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PC-'0c .; • . . d17/12 /1/2,e . . - - /6y/ G�r� .�.,t.. o I Ate _ : - _ - Morgan Products Ltd. , i . 04ESOT 1 O� q1 n • ° Minnesota Department of Transportation P� o� Transportation Building, St. Paul, MN 55155 MINNESOTA 1990 F.yT 5Q OF TO' I (612)296-0969 Roam 715 II August 31, 1990 gib _7-13 A '1L r IMr. Gary Warren —..,A ,,, 64 . Chanhassen City Engineer _ 690 Coulter Drive C . l�-0�t I., PK- Chanhassen, Minnesota 55317 9 . lay,90 I In reply refer to: 330 Coop. Const. Agree. No. 67026 6t City of Chanhassen S.P. 2701-34 (T.H. 5=121) ' Fed. Proj. F 014-3(41) City cost utility, storm sewer, bike path and walk construction by the I State on T.H. 5 from the West Hennepin County line to West 184th Avenue in Chanhassen IDear Mr. Warren: Transmitted herewith for the City's use and retention is a fully executed I copy of the subject agreement between the City of Chanhassen and this department. I The State has rested the City's share of costs for this contract, using the taw bid unit prices of Shafer Contracting Co., Inc., to wham this construction contract has been awarded, as shown in the enclosed revised SCHEDULE "I". ' The City's cost share as refuted, decreased from the preliminary estimate of $86,895.45 to the revised estimate of $72,351.58. IAn invoice in the amount of $72,351.58 will be forwarded to the City in a few days, and it is requested that payment be made accordingly. IISincerely, ,�, r CITY o GH R sSED I Clarence Michalko, P.E. ME /L5 Municipal Agreements Engineer SE P 0 5 1990 I enc. ENGINEERING DEPT. IAn Equal Opportunity Employer NM I M • REVISED SCHEDULE "I" Agreement No. 67026 City of Chanhassen Preliminary• July '9 1990 S. P. 2701-34 (T.H. 5=1211 Revised; July 311 1990 Fed. Proj . F 014-3 (41) Bike path, utility, storm sewer and walk construction performed under State Contract No. 21188 with Shafer Contracting Co. . Inc. located on T.H. 5 from the W. Hennepin Co. line to W. 184th Ave. in Chanhassen CITY COST PARTICIPATION NON FEDERAL AID I From Sheet No. 2 _$40,787, 76 From Sheet No. 3 21,897194 From Sheet No. 4 4,306. 50 Subtotal $66,992 .20 (1) Construction Engineering (Est. 8%) 5,359.38 Total City Cost $72,351, 58 u .1 (1) Final based on Actual Construction Engineering Costs 1 - • • 67026 ITEM NUMBER I SWORK2ITEM34 I UNIT I QU`i;ITY I UNIT PRICE I. COST 0015. 601 COMPUTER EOUIPIENN LUMP SUM .01 5,000,00 50.00 2021. 501 MOBILIZATION LUMP SUM . 01 250, 000.00 2 .500. 00 2031. 501 FIELD OFFICE, TYPE D EACH . 01 20,000.00 200. 00 2031. 503 FIELD LABORATORY, TYPE DX EACH .01 10,000.00 , 100.00 2051. 501 MAINT. AND RESTORATION OF HAUL ROADS LUMP SUM . 01 1. 00 . 01 2211. 501 AGGREGATE BASE CL 5 TON 120. 00 6. 00 720. 00 2503 . 511 48" RC PIPE SEWER CL IV LIN. FT. 10. 00 78. 00 780. 00 0504 . 602 6" GATE VALVE AND BOX - EACH 1. 00 _ 500.00 500. 00 0504 . 602 12" BUTTERFLY GATE VALVE AND BOX EACH 2 . 00 1.000.00 2 . 000. 00 0504 . 602 HYDRANT EACH 1. 00 1, 300. 00 1, 300.00 0504 . 602 RELOCATE HYDRANT AND VALVE EACH 1. 00 1,000.00 1. 000. 00 0504 . 603 6" WATER MAIN - DUCTILE IRON LIN. FT. 64. 00 16.00 1, 024 . 00 0594 . 603 10" WATER MAIN - DUCTILE IRON LIN. FT. 60. 00 22. 00 1, 320. 00 0504 . 603 12" WATER MAIN - DUCTILE IRON LIN. FT. 740. 00 25.00 18, 500. 00 0504 . 603 24" STEEL CASING PIPE LIN. FT. 60. 00 35.00 2, 100. 00 0504 . 620 CAST IRON FITTINGS POUND 1, 235. 00 1.25 1,543.75 2521.501 4" CONCRETE WALK SO. FT. 2,750. 00 2 .00 5, 500. 00 2531. 501 CONCRETE C AND G DES B618 LIN. FT. 100. 00 5. 50 550. 00 0531. 602 PEDESTRIAN CURB RAMP EACH 2 . 00 250. 00 500. 00 0563 . 601 TRAFFIC CONTROL LUMP SUM . 01 60, 000. 00 600.00 TOTAL $40,787.76 (1) 100% CITY - $40,787 . 76 - 2 - MI M, NM MI E 1 MI MI E MI E I Ell I MI MN MO M I M MO 01111 M MMO M 01111 NM OMII M MO MO MO 01111 M 67026 ITEM NUMBER I S.P. WORK2ITEM34 I UNIT I QUANTITY I UNIT PRICE I . C0(2;.P. 0015. 601 COMPUTER E.UIPMENT LUMP SUM . 01 5 000 00 0. 00 2021. 501 MOBILIZAT ON LUMP SUM . 0 50 000. 00 500 00 2031. 501 FIELD OFFICE TYPE D EACH 0 20 000 00 200. 00 111k4MIPM.7IAlliii aii latiM E.1 • • 0Y • a X , • .0 _ obi . , 0. 00 00 205 . 50 MAIkT. AND ;ES O' ' IN OF : •U • • ' D UMP 0 Of 0 2501. 515 30" RC PIPE APRON EACH 1. 00 375. 00 375. 00 2501. 515 54" RC PIPE APRON EACH .0$ 000 I ' 000 00 2501. 69 LT. 'UT SAF T GR. OR 0" •C APRON AC $ $ el .0 5' ' $ $ 1 1*M 9 1�Y:L i M I I I I I a l l ' .A Y . 0• 4" •C • •RO ACH 1.00 000 di 0 0 0 00 1 1 1 4•'1 1 I 0 1 1 1 4 i 1=M l t I l l 3 0 i i i 1 9 9 ^ • I • • • $ . 5 1 $ I I 600 00 2503 . 511 54" RC PIPE SEWER CL IV LIN. FT. 21.00 95.00 1 •95 00 2506. 506 CONSTRUCT MANHOLES DES 84-4020 LIN. FT. 8.70 35+ 00 6 545 00 2506. 507 CONSTRUCT CATCH BASINS DES A OR F LIN. FT. 18. 20 180 00 3 276. 00 25v6. 507 CONSTRUCT CATCH BASINS DES 60-40 0 LIN. FT. 9.80 250 00 450 00 2506. 516 CASTING ASSEMBLIES EACH 4 . 00 300.00 200 00 2511. 501 RANDOM RIPRAP CL III CU. YD. 20. 00 100 00 000 00 0563 . 601 TRAFFIC CONTROL LUMP SUM .01 60 000.00 600 00 2575. 505 SODDING TYPE EROSION S• . YD. 9. 00 1.40 1 . 60 TOTAL 5 03 . 61 2 57 .4% 76.75% FEDERAL - 22 645. 60 23 . 25° STATE --- 6 860. 07 42 . 6°. CITY 21 897 . 94 • - 3 - 67026 ITEM NUMBER I SWORK2ITEM34 I UNIT I QUANTITY I UNIT PRICE I' COST•REMOVE CONCRETE SIDEWALK SO. FT. 610. 00 .50 305. 00 2211. 501 AGGREGATE BASE CL 5 TON 700.00 6. 00 4, 200. 00 2521. 511 2 . 5" BITUMINOUS WALK SO. FT. 18,700.00 . 50 9, 350. 00 0531. 602 PEDESTRIAN CURB RAMP EACH . 2 . 00 250. 00 500. 00 TOTAL $14, 355.00 (3) 70% (76.75%) FEDERAL - $7, 712 . 22 (23 . 25%) STATE --- $2 , 336. 28 . 30% CITY $.4, 306. 50 r - 4 - NM MN OM MO INE NM MO MN NM MN MN INN INE MiN MIN -. - - s r - - - - - - - - - WM U - s 67026 ACTUAL CONSTRUCTION ENGINEERING COMPUTATION • (Based on Total Contract Costs) COMPUTATION NO. 1 C = Total Contract Amount E = Total Construction Engineering Cost Amount Incurred P = Prorata Percentage (E : C) x 100 = P (Percentage for Construction Engineering) • - 5 - _ •H ••Qr; 14,10 . i 7_, STATE OF MINNESOTA CITY OF CN u SSc : OFFICE OF THE GOVERNOR n �N{I��YEN ST. PAUL 55155 �Dd[ o I RUDY PERPICH AUG ''? 1990 1 GOVERNOR August 17, 1990 ENGINEERING DEPT. IDear Transportation Safety Supporter: Some time ago you indicated your support for transportation safety by attending a I public forum. Your interest in this serious matter is very much appreciated. Our goal is to reduce highway fatalities 50% during the next ten years. Following are some of the actions which have been taken to date: 3 - --Anif I ✓An additional $7.6 million is being spent to complete highway safety improvements identified at the safety forums. These include brighter edge I striping, enhanced highway sign visibility, added turn-lanes,and lengthened pedestrian crossing times at intersections. I ✓ Railroad crossing safety is being enhanced with installation of new reflectorized material at 700 crossings this year and at all 5,400 crossings in the state during the next three years. I ✓ Truck safety inspections are being doubled this year. I ✓Aggressive enforcement of DWI and speed limit laws is under way. ✓ Driver, pedestrian, and bicycle safety is being promoted. Insurance incentives Ifor safe drivers are being encouraged and the needs of older drivers addressed. ✓A comprehensive report on the safety forums has been presented to the I Transportation Study Board which will make funding recommendations to the State Legislature next January. Major safety improvements identified at the forums will require approximately $500 million additional funding from the IState Legislature in the future. Thank you for your ongoing involvement in transportation safety. We will continue to Ikeep you advised concerning this important issue. Sincer ..04.06. ftitit,e4,4Z 47,644.e.,' IRUDY ERPICH LEONARD W. LEVINE Governor Commissioner r I AN EQUAL OPPORTUNITY EMPLOYER PRINTED ON RECYCLED PAPER 1 ') 1 `�, . IH - .). , . , c- \.„1 \ Y- _ ‘.i', \ \, \ 4 %.1i ki, I ',' , \- 1 N 1 ' I I ) , V V I \\ i a Ii �.,y `, 1 --c- ' e Ni Iv ,i \ - - - ''‘ t,_ R I \. I )( d v) \ . 1 . - , Jam, -)-N,,,, ,c,?‘, -,. ,i 1 ----N T.. � Q �� ( y try � 5 \ _,,,_ ) IRL \-', ,, , I , \. - \, y, N,- i, \ 1 .4244- Ly- c_ /90,, 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law 1 Thomas J. Campbell Roger N. Knutson (612)456-9539 Thomas M. Scott Fax (612)456-9542 I. Gary G. Fuchs James R. Walston Elliott B. Knersch Gregory D. Lewis September 4, 1990 RECEIVED Dennis J. Unger SEP 0 61990 ' Mr. James L. Wahlfors Attorney at Law CITY OF CHANH,gSSEN 9617 Xerxes Road 1 Bloomington, Minnesota 55431 RE: City of Chanhassen/Paul & Phyllis Hufnagle (Carrico Property) Real Estate Transaction 1 Dear Mr. Wahlfors: 1 Enclosed please find title insurance commitment issued by Carver County Abstract and Title Co. , Inc. /Chicago Title in the above referenced real estate transaction. 1 Please review the commitment at your earliest convenience. Specifically, please review item number 14 on Schedule B regarding the overlap in the legal descriptions. Please give me your comments on item 14 as soon as possible. I have contacted Carver County Abstract to schedule a ' closing date. I am tentatively planning on closing this trans- action on either September 20 or September 21 , 1990. If the foregoing dates are not acceptable to you, please let me know. I await your response. Very truly yours, 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. BY: - - James R. Walston RNK:srn ' Enclosure cc: Don Ashworth Jean Meuwissen BPS: Don and Jean: The Purchase Agreement requires the City to pay Hufnagle $85,000 at 1 closing. I will coaltact you the week of closing so that a check can be issued. -.4g/k 1 Yankee Square Office III • Suite 202 • 3460 Washing .. Dri e • Eagan, MN 55122 RECEIVED CAMPBELL, KNUTSON, SCOTT & FUCHS, PA. SEP 0 71990 ' Attorneys at Law CITY OF CHANHASSEN I Thomas). Campbell Roger N. Knutson Thomas M. Scott (612)456-9539 Gary 0. Fuchs Fax(612)456-9542 I James R. Walston Elliott B. Knetsch Gregory D. Lewis - Dennis J. Unger September 6, 1990 �'~ ""7r° e - AA_ Ste "401.. Mr. Kerry Meagher Carver County Abstract • & Title Co. , Inc. 201 Chestnut Street North P.O. Box 106 Chaska, Minnesota 55318 ' RE: City of Chanhassen HRA/Bongard Property Transaction File No. 5917 (A0-86039) ' Dear Kerry: In regard to the above referenced transaction enclosed please find the following documents: ' 1. Quit Claim Deed from Meid Development, Inc. and William A. Diem to Abbie Bongard; ' 2. Warranty Deed from Abbie Bongard to the Housing and Redevelopment Authority in and for the City of Chanhassen; ' 3 . Seller's Affidavit; 4. Certificate of Real Estate Value; 5. City of Chanhassen's Check No. 33273 in the amount of $2,136.50 for (a) title insurance premium of ($1,022.50) , (b) state deed tax on warranty deed ($1,089.00) , (c) recording fee for warranty deed ($10.00) , (d) conservation fund fee for warranty deed ($5.00) , (e) discharge of lis ' pendens ($10.00) ; 6. Abbie Bongard's Check No. 1305 in the amount of $159.00 for (a) name search ($20.00) , (b) special assessment ' search ($25.00) , (c) state deed tax on quit claim deed (consideration of $30,000) ($99.00) , (d) recording fee for quit claim deed ($10.00) , (e) conservation fund fee for quit claim deed ($5.00) ; Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 Mr: Kerry Meagher September 6, 1990 Page 2 I 7. Discharge of Lis Pendens Kindly review all documents as soon as possible with a view toward the issuance of the owners title insurance policy by your company in favor of the Housing and Redevelopment Authority in and for the City of Chanhassen. At your earliest convenience, please record the deeds and the discharge of lis pendens. If you have any questions or comments regarding this matter, please do not hesitate to call me. I Very truly yours, CAMPBELL, KNUTSON, SCOTT I & FUCHS, P.A. BY: James R. Walston JRW:srn Enclosures cc: Don Ashworth (w/encl. ) Jean Meuwissen Roger Pauly Phillip R. Krass I BPS: Don: Also enclosed for your records please find.original Purchase Agreement and Lease Agreement which were signed at the closing this morning. JRW I I • I I II F 4' Il.�, = CITY OF SAINT PAUL Or7 e"`OFFICE OF THE CITY COUNCIL i..0.4.-, /n //4".- II 4'..- e.'" BOB LONG Counciimember IISeptember 4, 1990 Mayor Don Chmiel I 690 Coulter Drive Chanhassen, MN/ 55317 IDear Mayor Chh3.el,00n Over the last few months, I have been working with a number of other city officials that believe that there is much that cities I can do to protect and improve the environment, and that cities do not need to wait for federal and state action on many environmental issues. These officials and I have joined together I to form an informal working group of city officials called the Environmental Cities Coalition (ECO) . I would like to extend an invitation to you to participate in ECO and work with us to Iimprove Minnesota's environment. At this time ECO is considering four ordinances for adoption sometime in October. These ordinances include mandatory source I separation of recyclable materials, city procurement of recycled, recyclable products, a prohibition on the sale of dish washing detergents that contain high levels of phosphorous, and a II prohibition on the use and sale of lawn chemicals that contain high levels of phosphorous. The members of ECO have agreed that these ordinances are all very I important. It is important that cities encourage recycling and show that they are willing to take the lead by purchasing recycled, recyclable materials. It is also important for cities I to work to reduce the levels of phosphorous in their post- consumer water. Rochester is currently spending more than $300,000 a year to remove phosphorous from its water. As state I and federal .water quality requirements place even tighter restrictions on phosphorous levels, these costs will be going up for all of us. One way to keep phosphorous treatment costs down is to try and keep it out of the water in the first place. IThe next ECO meeting is scheduled for 4:00pm Thursday, September 20 at the Eagan City Hall. An agenda has been enclosed along I with a copy of the last meeting's minutes and a list of ECO members. The ordinances be sent out shortly. I would again like to invite you to participate in ECO. If you have any questions or comments, please feel free to contact me at 298-4473. IBest regards, C- ---) . IBob ng I CITY HALL SEVENTH FLOOR , SAINT PAUL,MINNESOTA 55102 612/298-4473 i11110-4a Printed on Recycled Paper • CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 a - September 10, 1990 1 ' Mr. David O. Hansen 108 Pioneer Trail Chanhassen, MN 55317 1 Dear Mr. Hansen: Your note and the enclosed article has been forwarded to the Chanhassen City Council. For the past three years the city has had in place a Community Center Task Force looking at all forms of options regarding a community center. One of those options did ' include an outside pool. I cannot state why each member voted for the final configuration presented to the City Council in July, but my perception of their comments was that a $4.1 million facility having multiple uses appeared to make more sense than a $2.2 1 million singular seasonal use. Thank you again for your thoughts and, again, these have been ' passed on to the Community Center Task Force and City Council. Sincerely, Z-62 i ' Don Ashworth City Manager DA:k cc: City Council Administrative Section, September 24, 1990 Packet Community Center Task Force • 1 i 1 4 • 1Y5 �rG-• /•14-•-1- ECaatinaed from page lY VoteOK'd . : ! °wn pool.Now we have to tc / `.. r h've;mt�inior St.Louis Paris f i• ey. municipal pools," c 1 / ' on Golden • �� � % , ► ! e Approached last year about the '. 'r /� �� j bility of building an outdoor pool d t Valley pool .Qty Council members indica eN J •rt would consider the issue only if n J than half the people who avo or ... /. .. ► proposal the 1987 bond issue signed a or ,� �{ � + 6voring a pool, said Golden Valle) ��} Mayor Mary Anderson. The ci a-44A ' S DLnetMundt geographica that signers al l al areaass of the city. �� The Golden Valley City Council vot. i The petition calls fora bond issue foe / ed Tuesday to hold a referendum a 50-meter outdoor pool, win based on a petition signed by more mil, bath house and patio, n,tc / , ,-- than 2,350 city residents who want exceed a cost of$2.25 million, be te li — / the ity t�build an outdoor pool.No i ! built at the corner of Hwy. 55 and Winnetka Av.in Brookview Park.It states that the signer is aware t such a project would raise taxes a The petition was referred to the city's pro+ f j ' I� Open Space and Recreation Com- mission, which is being asked to a S150,000 home by$35 a year. r / i work with city staff members to draw The ;2.25 million u up a procedure for determining de- re , an sign specifications for the pool and mate of what such a project d `, , () �� -/ its location. : list,said Bill Joyner,Golden e) r,� city manager. "If we were going to V Since June, DeDe Scanlon, Marti I proceed the city would have to a Micks, Linda Farnham and others kt of work to get a better ^ r l have been collecting by, said. ` pA V i O 0 . N A^ a knocking on doorsi ntal�ng to . . tog A io t,t E e... t c— people at supermarkets, parks and Little League games. , The city has been without a munici t I, ' pal swimming pool since 1984,when ., ��.,..,r- the pool at the Brookview Recreation Area was dosed. That pool, smaller ) D ... 0 CO 4. _ Ci 0 tic x. . + 4 than typical community pools, did ' _I j r 0 0 © I C 0 t_ (_ �- . • st ‘..7, ' . . .' not meet state health code standards.' ; 1 � i ) O O G 4' C iv, • t! ri : •? / In 1987,Golden Valley voters defeat J 1 ► 1 5 © Q t C 0 t (: y 0 • € __ ; '•: .ed a SS million bond issue to build a ; 1 1 © I O 4, ' el • 0 `,.. ' . . - t recreation center with an indoor pool . -1 1 ± i O O C • ' `r�' • • er '. i by a vote of 4,069 to 629. i 1 • _ O (' '_; ei �, 1Fj c: s'+ ,.= ;-•, Scanlon said she found that support I 1 • 4 O O and opposition to an outdoor pool — -- 0 crossed age groups.Most people said, ; r-- ,. they still would reject a.project as extensive as the one voted down three years ago,she said."As long as; it stays outdoors people favor it." •• . I "A community this sire should have' . Pool continued on page 7Y . , • • 1 I .1 FIRMA . , _. y i. . H E I S E ill CITY OF C _ Ea - MAICRAf MENU I ASSOCIATES SEP 141990 - RECEIVED ENGINEERING DEPT. ' SEP 141990 - _ - 13 September 1990 - CITY OF CHANHASSEN I ,/., - 1 %-/I\,.. David C. Hempe{ Senior Engineering Technician - ?6 I City of Chanhassen - - Tf 690 Coulter Drive _ _ ._„ P.O. Box 14.7 • Chanhassen, MN 55317 • /`� �_ Dear David: IPersuant to your letter of 29 August 1990, I'd like to apologize on behalf of Seven Forty One Partnership for the tardiness of this response. I. The following is an item by item response to your concerns in the same order as your letter: I 1 . We are currently taking bids on the remaining work and will notify you as soon as we are to award. • 2. Kraus Anderson has been contacted by me regarding this matter. It . Iwill be repaired. 3 - 5. Clem Springer of Weis Management, our center's manager, is I handling these items immediately with either our landscape subcontractor or our maintenance contractor. •-Please be assured that these items will be handled correctly and in a timely manner consistent with the ' - 15 November 1990 date so stated in your letter. Sincerely, _ SEVEN ONE PARTNERSHIP .. - - -- _ 4147(A._„. - -- - Richard A. Heise - - - IP.AH�ah - - cc: Rick Soskin, Seven Forty One Partnership - _ . " - - ' Clem Springer, Weis Management - - = _ - 1 - - i . HRMA,123 North Third Street,Suite 808 Minneapolis,Minnesota 55401 Telephone 612/339-2722 FAX 612/337-5468 • 9 Cc ELK AA," CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law ' Thomas J. Campbell Roger N. Knutson Thomas M. Scott (612)456-9539 Gary G. Fuchs Fax(612)456-9542 James R. Walston Elliott B. Knetsch Gregory D. Lewis Dennis J. Unger September 14, 1990 I ' Mr. Jeffry R. Chaffee Attorney at Law 116 Second Avenue S.W. ' Milaca, Minnesota 56353 RE: Jim Chaffee _1 Dear Mr. Chaffee: Our office is legal counsel for the City of Chanhassen. Your September 10, 1990, letter has been referred to me. Your reading of the Fourteenth Amendment differs from mine. The Constitution does not guarantee anyone a raise. The decision to grant a raise was completely discretionary. Jim's claim is rejected. ery tr ours, CAM BELL 'NUTSON, SCOTT & - S, P.A. • oger N. Knutson RNK:srn cc: Don Ashworth 1 I • 1 RECEIVED SEP 17 1990 CRY OF CHANHASSEN Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 1 1 • SOUTHWEST METRO TRANSIT ' 7600 Executive Drive Eden Prairie, MN 55344 (612)934-7928 September 7, 1990 ' Paul Krauss City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 ' Dear Paul: ' On behalf of the Southwest Metro Transit Commission, I wish to thank you for your comments on our park and ride lot planning study. We have communicated them to the consultants to address in their final report and in the next phase of our study. ' We appreciate your time and effort and your helpfulness to SMTC. Sincerely, Gary Peiorson ' Chairtnan cc: Don Ashworth 1. RECEIVED SEP 11 1990 ' CITY OF CHANHASSEN .1 1 . CITYOF 1 CHIINHASSEN ' 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900• FAX(612) 937-5739 ti 1 MEMORANDUM TO: City Council and Senior Citizen Task Force THROUGH: Paul Krauss, Planning Director 1 FROM: Sharmin Al-Jaff, Planner I DATE: September 18, 1990 1 SUBJ: Transportation From Chanhassen to South Shore Senior Center On September 12, 1990, the City Council met with the Senior Citizen Task Force for a briefing session of the results of the Senior Needs Study. 1 One of the issues that was brought up was transportation between Chanhassen and the South Shore Senior Center. Staff contacted Southwest Metro and immediate action was taken to provide rides for seniors. Letters were mailed to Chanhassen seniors informing them of the new service. 1 1 1 1 1 1 1 1. CITY OF r CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 • FAX (612) 937-5739 September 14, 1990 Dear Chanhassen Resident: The Chanhassen Senior Citizen Task Force and the City of Chanhassen have been working cooperatively to serve your needs. A new service has become available to you. Southwest Metro Dial-A- . Ride has agreed to pick up senior citizens of the City of Chanhassen from their homes and take them to the South Shore Senior Center and return them to their homes. To make reservations for a ride, please contact Dennis Ridley at ' 944-7126. There is a 75 charge per ride. The City will continue it's efforts to provide more services for the senior citizens of our community. Should you have any questions, please feel free to contact me. ' Sincerely, • c:604 *VPr"--r"."-- Sharmin Al-Jaff Planner I • 1 I 1 SOUTHWEST METRO TRANSIT ' 7600 Executive Drive Eden Prairie, MN 55344 (612)934-7928 ' September 13, 1990 • ' TO: John Mathews, Morley Bus Company FROM: Catherine Benson, Acting Administrator ' SUBJECT: Service to Southshores Community Center This is to confirm Dial-A-Ride service for Chanhassen seniors to/from Southshores Community Center in Excelsior. Service will be available on the usual first-come basis with advance requests suggested. Group trips may be arranged by contacting Dennis Ridley, 944-7126. ' This will give us the opportunity to enhance our service to an important segment of our population particularly during non-peak hours (10:00am - 2:00pm). Please keep me informed of the progress of the service so that I can keep the City of ' Chanhassen up to date. - cc: Don Ashworth Sharmin Al-Jaff✓ • • r • CHANHASSEN 1 CITYOF 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM ' TO: City Council FROM: Paul Krauss, Planning Director ' DATE: September 17, 1990 SUBJ: Annual Breakfast Meeting for Elected Officials from the Southwest Communities Coalition As the Council is aware, the City of Chanhassen is an active participant in a group called the Southwest Communities Coalition. Originally formed to coordinate and facilitate the completion of road improvement projects, the Coalition has also been used to ' develop a joint voice to respond to landfill and airport siting processes as well as other initiatives and programs coming from the Metropolitan Council. Most recently, issues regarding water ' quality improvements that may be required by the Metropolitan Council and changes to Metropolitan Council policies concerning rural development have been topics of concern. John Boland is a ' consultant/lobbyist retained by the Coalition to facilitate our efforts. The Southwest Communities Coalition will be holding their annual breakfast meeting for elected officials on Thursday, October 4, 1990, at 7:30 a.m. in the Assembly Room at the Scott County Courthouse in Shakopee. At the breakfast meeting, elected officials will be given an update on Coalition activities and you will be asked to suggest any new initiatives that should be undertaken. In addition to local elected officials, it is expected that there will be attendance by our Metro Council representatives. ' Elected officials are encouraged to consider attending. You will be receiving a formal notice of the meeting from the Coalition but please go ahead and mark your calendars. • II . . I .. C I TY OF 1 CHANHASSEN I 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612)937-5739 N IMEMORANDUM ITO: Anne Hurlburt, Metropolitan Council FROM: Paul Krauss, Planning Director IDATE: August 22, 1990 SUBJ: Response to the Metropolitan Council Staff's Informal IReview of Chanhassen Draft Comprehensive Plan Elements I As you are aware, the City of Chanhassen has been preparing a major Comprehensive Plan update since 1988. The update has grown in size and complexity due largely to the rapid pace of development in our community to the point where it represents a completely new I document. One of the major goals of the effort is to obtain a large scale and orderly expansion of the MUSA line since the city is rapidly running out of serviceable land, particularly for I industrial growth and low density residential development. We also wish to bring other plan elements up-to-date with an emphasis on transportation improvements and environmental protection efforts. I Lastly, the Plan is designated to satisfy the updating program required by the 1988 Systems Statements. Staff has been supplying copies of the draft Plan sections for review by your staff and has been attempting to coordinate the Plan with the MWCC as well. IThe August 17, 1990, memo. from Metropolitan Council staff covered comments on several plan elements. Many of these deserve further I discussion. However, the primary purpose of this response is to address the growth projections and MUSA line adjustments outlined by your staff in the memo. We obviously need to achieve some I agreement on these critical factors since our plan amendment is, in large part, based upon them. We have been aware from the start of this process that our projections, and in fact our assessment of the magnitude of development on the ground today, differ widely I from Metropolitan Council numbers. It is for this reason that we supplied our numbers to your staff in late 1989/early 1990 for comment. Frankly, I was astonished at the conclusions that were I drawn by your staff in the August 17th memo since they are so wildly divergent with our draft plan and since they will have a tremendous impact on the plan itself. I . I Ms. Anne Hurlburt August 22, 1990 Page 2 1. POPULATION/EMPLOYMENT PROJECTIONS Chanhassen staff has been maintaining for years that the regional model maintained by the Metropolitan Council inadequately anticipated growth in our community. Council staff has acknowledged this to be true to a certain extent, but the magnitude of the growth in our community continues to be under represented. Comparisons of data are provided below for your review. We note that the most recent system statement from 1988 utilizes population, employment and household data for 1990 that significantly under represents what exists on the ground today, but more importantly., the year 2000 projections are significantly exceeded by what is on the ground today. In discussions with Council staff, Mike Munson has indicated that he understands that the regional model is out of synch in our community as well as several others. He has indicated that he is willing to accept the population projections contained in the Highway 212 EIS for the interim, but is unwilling to rebuild the regional model until the complete census data is in. We have problems with this premise for several reasons. The first being that we think the Hwy. 212 EIS under-represents growth in our community. The second is a philosophical question. In 1987, the City signed the Lake Ann Interceptor Agreement which basically states that we would only relocate our MUSA line if a major Comprehensive Plan Amendment was undertaken. _ We have acted in good faith to do that only to find that there is reluctance to accommodate our plans until sometime after 1991 and 1992 when the regional model is redrafted. Had we known in 1987 that the Metropolitan Council would not act on our plans for lack of supportive data from the regional model, we may have been reluctant to enter into the contract. More importantly, is the fact that the Systems Statement continues to use incorrect regional model numbers and has not been adjusted at all. We continue to be asked to bring our plans into compliance with the Systems Statement and to do so, we would have to ship 2,700 people and almost 2,000 jobs to South Dakota. We obviously need to have this point clarified. Our data is outlined in the tables below. 1 I 1 1 ' I Ms. Anne Huriburt August 22, 1990 I Page 3 I 1990 POPULATION HOUSEHOLDS EMPLOYMENT IMetro Council Systems Statement 9, 000 3,200 3,500 Hwy. 212 EIS N/A N/A N/A IDraft Comp. Plan 11,000 4,329 * 5, 079 Full time I 821 Part time Preliminary U. S. IICensus 8/90 11,700 4,261 N/A I * Based on City Survey Updated 8/90 2000/2005 (212 EIS) 1 POPULATION HOUSEHOLDS EMPLOYMENT I Metro Council Systems Statement 10,000 3,700 4,500 Year 2000 IHwy. 212 EIS Year 2005 17,500 6,500 4,000 IDraft Comp. Plan 17,783 6,933 Not projected Year 2000 I Draft Comp. Plan 23,244 ' 9,062 Not projected Year 2005 I think it is clear from these numbers that if anything we slightly" I underestimated development in the community and that our 1990 numbers are virtually identical to the preliminary U.S. Census counts. Our housing unit number was originally taken from recent I counts from our recycling program to which 1990 building permits were added. It is also interesting to note that our Comprehensive • I • 1 Ms. Anne Hurlburt August 22, 1990 Page 4 Plan assumes that we will have an average of 2.65 people per unit. This number is calculated so that it captures all housing units in the city and is not divided out by unit type. Taking the current U.S. Census preliminary counts, dividing population by total housing units, yields an average of 2.75 people per household. If we computed the statistic on occupied housing units, the number rises to 2.92 people per unit. Thus, if we were to use these larger numbers in our projections for growth, we would wind up with a greater total population projection than currently contained in the report and the draft plan. Lastly, the employment data provided by the city is taken from a census of our business community and we believe represents the most accurate number possible at this time. As you can see our in-place employment is far in excess of Council estimates for 1990 and projections for the Year 2000. Thus, in summary, it is clear that as far 1990 is concerned, that for all intents and purposes the city is correct in the assumptions that have been used to develop the Comprehensive Plan. Drawing conclusions to year 2000 and beyond projections is a more difficult matter. This is addressed later in this memo; however, we must stress the importance of the magnitude of difference between Metropolitan Council data and real life development on the ground today in Chanhassen. The U. S. Census provides some interesting data. We have experienced an 83% growth rate in population and a 105% increase in households since 1980. Employment has increased from 1,300 jobs to 5, 079 full time positions and 821 part time for a 322% increase (part time computed at h full time) . You should also know that due to the recession, virtually all of this growth occurred between 1985 to 1990. 2. HOUSING VACANCIES Mr. Singh's comments on households versus housing units appear to be stressing the importance of using vacancies to make projections. It should be noted that in making projections for the year 2000 and 2005, the city assumed a 5% vacancy rate. This was factored in when converting households to population. Of course it must be ' stressed again that we used 2.65 people per household while the U.S. Census would imply that the current ratio is 2.75 people per household. It must be stressed that Chanhassen is and will largely remain a single family oriented community. I fail to see the importance being placed on the definition of households versus housing units in Mr. Singh's comments. First of all it is clear that the population and household base that in the community is supported by the U.S. Census. Secondly, Chanhassen is 1 ' Ms. Anne Huriburt August 22, 1990 Page 5 a rapidly developing community and has a fairly large number of ' homes that may be classified as vacant since they are still under construction. Thirdly, the number of vacancies is in most respects an irrelevant statistic as far as local government is concerned. The city still must provide streets and utilities and services since tomorrow the unit can and probably will be occupied. The only place this factors in is if there is a significant number of vacant units that would hold down future growth prospects and I do ' . not see this to be the case with vacancy rates being experienced in Chanhassen. ' 3 . LAND CONSUMPTION ANALYSIS I have no comprehension of how the projected land supply and demand calculations for 1990/year 2000 that are contained in the Metro Council staff memo were developed. First of all, they apparently are based on the Highway 212 EIS which, as noted above, we think inadequately represents growth in the city. Secondly, we believe they are in no way based on reality which is fundamentally the purpose of this whole exercise. Attached tables provide data on the current assessment of available ' land supply in the City of Chanhassen. This represents a modification from data contained in the draft land use section which accounts for refinement of the data and more recent ' development. We have great difficulty in understanding your staff's allocation of vacant MUSA land. We completely disagree with the assumptions on which the analysis is based but also have philosophical problems with its approach. There is absolutely no land given over for industrial growth, which is one of the city's most pressing needs. In addition, there seems to be an assumption that if the city has an acre of residential ' land and determines that it needs land for industrial growth, that residential can simply be converted to industrial. This is completely unrealistic. Comprehensive Plans seek to allocate land ' supply to promote a reasonable mix of development that achieves the city's goals and it is often times wholly inappropriate to mix these categories. I do not believe that the Metropolitan Council wants to be in the position of telling a community that they must convert land in a residential neighborhood to a commercial or industrial use simply because the market has dictated that there will be a higher demand for industrial or commercial property than ' the demand for residential. This sort of a policy would undermine one of the fundamental reasons for undertaking comprehensive planning in the first place. Lastly, there is obviously an ' assumption that the City has an ample supply of serviced land. We strongly dispute this noting that we only have a 1-3 year supply at Ms. Anne Huriburt 1 August 22, 1990 Page 6 ' real growth rates. But you also must consider that as the land supply diminishes, the City's ability to attract new residents and businesses is diminished since their choice in home and site selection is reduced. In addition, the land that is left vacant is often the most difficult and expensive to develop or most likely is not available for sale since it is part of a large landholding or estate, or is environmentally sensitive. In projecting future demand, the city attempted to adopt the most reasonable course possible. We made it clear from the start that we would be fairly conservative in our growth projections and that furthermore we would anticipate a general slow down in development to rates below what was experienced by the community during the latter half of the 1980's. In so doing, we are trying to replicate a process that the Metropolitan Council will undertake in a few years with the regional model update. I should note that the city is fully aware that economic and demographic trends will tend to diminish development pressure in the 1990's. However, I would also stress that development pressures are cyclical and that the decade of the 1980's started out during a recession with little or no growth occurring until the mid part of the decade. The city virtually doubled in size between 1980 and 1990 in terms of . population and went from having almost no employment to having over 5, 000 jobs today. Thus, we do not want to be overly pessimistic in 1990 while we are in fact developing a plan that is designed to carry us until the year 2000 with a 50% margin for error consistent with Metropolitan Council policies. 4. ACTUAL LAND CONSUMPTION RATES , This is the point at which I would ask you to interject reality into your considerations. The reality of which I am speaking are the actual growth rates that have been experienced by the city. The following table illustrates residential building permits issued by the city. The table covers years 1980 through 1990. ' II 1 1 IMs. Anne Huriburt August 22, 1990 I Page 7 BUILDING PERMITS IYEAR 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 XI/99 Single IFamily 41 22 19 56 106 189 246 289 352 307 119 Townhome 40 34 14 IDuplex 18 2 2 . 4 30 38 8 2 26 Multi- Family 36 16 20 8 Mobile Home 18 32 62 IITOTAL 99 24 21 96 152 265 262 323 412 383 119 As you can see from the data, the number of city building permits I issued has ranged from a low of 21 units per year during the height of the recession in 1982 to 412 housing units in 1988. Obviously there is a good bit of fluctuation there, but we note that this I growth rate is significant and we believe compares favorably with the approximate growth rate of 260 housing units per year that is anticipated by the growth rates contained in the City Comprehensive Plan projections. Having reviewed a series of recent subdivisions in Chanhassen, we know that single family development, which constitutes the overwhelming majority of our housing, comes in at an average rate of 1.7 units per acre. At this rate, to sustain a I growth rate of 260 housing units per year, we would be taking down 153 acres per year. We certainly do not believe that this growth rate is excessive and that as the city grows, maintaining a growth Irate of 260 units per year represents a continuously smaller percentage increase for the city. Thus a total of 2,295 acres of land would be required to supply the 10 year plus 5 year overage I demand consistent with Metro Council Policies. The City is requesting less then 1,000 acres for this category of use. In our opinion, this constitutes a reasonable request that, if anything, is overly conservative. IEmployment growth is somewhat more difficult to forecast, although you would certainly have to admit that the regional model and in I fact the Highway 212 EIS came no where near to anticipating the explosive growth that has been experienced in the City of Chanhassen. In reviewing this data, we have declined to make specific employment projections for the year 2000 and beyond. We I made the attempt of doing so by taking our existing acreage of developed industrial land and dividing it between the known number of employees currently found on these sites to develop an employee Iper acre ratio. However, we believed that this statistic may be II • i Ms. Anne Hurlburt August 22, 1990 Page 8 misleading since it is subject to wide variance. The table below provides information on industrial land consumption in recent years. As you can see from the table, industrial acreage consumption has ranged from a low of 5 acres in 1987 to high of 112 acres in 1988. For all intents and purposes, the city is virtually out of industrial land supply as evidenced by our land availability table. The 95 acres currently vacant could be used up in less than a single year. We view the need to obtain further land for industrial development as critical in the community. We are not at all sure as to how the Council 's staff developed their land demand calculations resulting in an offer of 95 total acres of additional land. However, it is clear that the need for industrial office growth was completely overlooked since there is absolutely no acreage allocated to this use. INDUSTRIAL ACREAGE CONSUMPTION ' 1987 2.01 component > 4.98 2,97 IIC , 1988 37 McGlynn Bakery , 2.59 Waytek 55.8 Rosemount > 112.37 4.5 Park Place ' 4. 19 Lakeshore Equipment 8.29 Ver-Sa-Til 1989 12.6 EMPAK 3.95 Rome Office > 68.15 51.6 Redmond Products 1990 ' 5.73 Roberts Automatic 2.4 Dexter Magnetic > 11.33 1.7 MN I/M Program As of 8/90 1.5 PMT (2nd Phase) TOTAL 196.83 • I 1 • Ms. Anne Hurlburt August 22, 1990 ' Page 9 ' 5. POLICY/GOALS I believe that in undertaking the planning process we have to date, the City of Chanhassen has been responsible in terms of the work ' effort and scope of the product and that our expectations for the future are certainly within reason and may, if anything, represent an underestimation of what could occur. Our projections were ' specifically designed to be reasonable. Whether or not what has happened here to date and what may happen here in the future conforms to the guidelines of the regional model, is frankly ' irrelevant. Allowing the community to develop in a manner consistent with the community's goals is what is important. We further believe that this plan is consistent with Metro Council Policies. It appears as though the Metro Council staff is ' proposing that the city live with a two to four year supply of acreage at the completion of this planning process. The Metro Council staff "offer" of 95 acres would leave the City's MUSA line situation essentially unchanged. This is completely unacceptable to the city and I believe is inconsistent with responsible planning and with the Metropolitan Council's goals. Our plan was designed with a ten year time horizon plus a five year overage consistent with your policies. We believe that the draft U.S. Census and our employment survey confirm that our projections to date are reliable, certainly to a much greater extent than the regional ' model and the Highway 212 EIS. To err on the conservative side is not a crime, but to deny reality places the expectations of comprehensive planning in jeopardy. We believe that the regional model is a predictive tool. After ten years of use since the last census, it is seriously flawed. At this point, forcing the city to rely on outdated information provided by the model or by the Highway 212 EIS is equivalent to changing reality so that it conforms to the model. We do not believe that this is reasonable or consistent with the goals and policies of the Metropolitan Council and of the City of Chanhassen. 1 1 NM • MI • NM MI r • • a. • ION • • • MO • 1990 DECENNIAL CENSUS • POSTCENSUS LOCAL REVIEW • • PRELIMINARY HOUSING UNIT AND GROUP QUARTERS POPULATION COUNTS RCC: 00: ST: COUNTY: GOVERNMENTAL UNIT: • 26 2699 MN Chanhassen city TOTAL HOUSING UNITS: 4261 TOTAL POPULATION: 11700 VACANT HOUSING UNITS: 252 GROUP QUARTERS POPULATION: 16 These census counts are partial and preliminary in nature; you should not use them for official purposes (for example, redistricting or budgeting) . These counts are likely to change upon completion of continuing field and processing activities. If an asterisk (*) appears to the left of the census block number, then the census count for that block is unavailable at this time. If an asterisk (*) appears to the left of the GU name or census tract/block numbering area number, then the census count for that geographic area is incomplete as it does not • include census counts for census blocks with an asterisk (*) . Final census counts will be issued to your jurisdiction through the Census Bureau' s "Thank You America Campaign" in early 1991. Please call your Regional • Census Center if you have any further questions. FORM 0-77 ^ • U.S. DEPARTMENT OF COMMERCE (7.2040) BUREAU OF THE CENSUS • r LAND USE - TOTAL TA1 AREAS BASE S-30-90 SREV 8-24-90) DEVELOPED LAND VACANT LAND TA! TOTAL AREA SF NF CONN IND PEAkK PUB VIA SF NF CONN I10 PARK PUB VIA UNDEVELOPABLE_ 539-1 1291 441 4 -6 ST 166 34 __.._ 145 539-2 883 117 38 3 344 184 12 - 106 79 540-1 160 143 16 1 540-2 197 187 10 540-3 343 286 5 49 3 540-4 83 6 8 24 21 20 4 540-5 77 25 7 26 19 540-6 356 308 38 10 540-7 156 112 9 11 24 540-8 340 218 13 58 5 10 36 540-9 via 106 3 30 58 11 540-10 226 12 4 127 14 5413) 15 540-11 415 11 45 255 104 540-12 209 199 3 / • 540-13 548 57 110 74 11 44 93(2) 99 540-14 139 127 7 5 540-15 510 111 161 19 70 113(1) 36 540-16 428 8 120 30 149 73 48 540-17 517 144 26 142 102 61 42 540-18 312 37 225 32 18 540-19 237 187 10 18 22 540-20 319 173 25 72 34 15 540-21 ' 73 28 3 6 8 28 540-22 202 34 60 46 21 25 12 4 540-23 64 29 30 5 540-24 165 78 11 24 15 17 20 540-25 247 133 12 60 4 9 3 15 11 540-26 413 45 15 2 102 75 37 28 114 541-1 1480 377 3 58 100 744 198 541-2 628 320 4 9 223 72 541-3 1141 352 11 279 191 246 62 547-1 181 19 20 690 25 27 848-1 76 59 11 6 852-1 80 72 8 TOTAL 13,109 4136 81 151 452 1790 1033 1183 279 129 539 309 [932 1295 FOOTNOTES: (1} ECKANKAR (2) PRINCE (3} CAkLSOI IIIII 1111/ MI 1111111 111111 1111. EMI MO 11111 ME ME OM MS MN 1111111 OM MN 111111 111111 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LAND USE - INSIDE EXPANDED MUSA AREA BASE 5-30-90 1REY 8-24-901 • DEVELOPED LANG VACANT LAND TAI TOTAL AREA SF MF COMM IND PARK PUB V/i- N 1 NI • 'K ' B V UNDEVELOPABLE 5 39-1 38 4 -I4 -'-' 539-2 - 540-1 - 540-2 - 540-3 - 540-4 - • 540-5 - 540-6 - . 540-7 - 540-8 - 540-9 84 20 3 58 3 540-10 226 12 4 127 14 54(31 15 540-11 51 45 6 540-12 89 84 5 548-13 548 57 170 74 11 44 93(2) 99 540-14 25 22 3 540-15 • 171 7 70 70 24 540-16 342 6 120 30 149 37 540-17 419 144 142 36 61 36 540-18 312 3.1 225 32 18 540-19 . 544-26 149 53 16 72 8 540-21 - 540-22 - 540-23 8 8 540-24 - 540-25 - 540-26 41 16 18 7 541-1 121 3 58 60 541-2 - 541-3 - 547-1 - 848-1 - 852-1 - TOTAL 2624 465 93 888 104 11 444 211 141(2,3) 261 FOOTNOTES: (1) ECKANKAR (2) PRINCE (3) CARLSON • LAND USE - OUTSIDE ALL MUSA AREA BASE 5-30-90 (REV 8-24-901 DEVELOPED LAND VACANT LAND TAL TOTAL AREA SF MF COMM INO PARK PUB VIA 3F MF CORM IND PARK PUB VIA UNDEVELOPABLE 5339-1 624 41 542 -T- - 539-2 737 9 38 344 184 7 106 49 • 540-1 - 540-2 - 540-3 - 540-4 - 540-5 - 540-6 - 540-7 - 540-8 - 540-9 - 540-10 - 540-11 364 11 •, 255 98 540-12 - 540-13 - 540-14 - 540-15 - 540-16 86 2 73 11 540-17 - 540-18 - 640-19 - 540-20 - 540-21 - 540-22 - 540-23 - 540-24 - 540-25 - 540-26 - 541-1 1301 319 40 744 198 541-2 628 320 4 9 223 72 541-3 1141 352 11 279 191 246 62 547-1 781 19 20 690 ' 25 27 846-1 - 852-1 - TO:AL bt 1054 38 34 20 1322 917 14 40 16)2 551 FOOTNOTES: (1) ECKANKAR (2) PRINCE (3) CARLSON • • — — maw BUSINESSES IN CHANHASSEN 39 .Roberts 50 Automatic 40.Rome Roos 120 41.Rosemount Inc. 941-5560 1000 330, 000 500,000 39 .Tonka Insulation/ 474-7857 2 Kurmchak Builders 40.Top Turf 934-7298 2 41.United 474-4182 345 55 150, 072 Mailing, Inc. 42.Ver-Sa-Til Ass . 949-2400 200 98, 000 43.Victory Envelope 474-3264 140 147,593 44 .Volk Trucking & 474-6105 7 Excvating 45.Waytek Inc. 949-0765 17 24,960 46 .RPM Studio 474-4704 10000 TOTAL 4547 145 1 .Allstate Insurance 934-0064 1 1 2.American Legion 934-6677 6 17 Post 580 3 .Animal Fair 934-0444 1 1 4 .Anh-Le Restaurant 949-1125 5 3 5 .Arboretum 443-2460 40 60 6 .Attorneys of 2 Chanhassen 7 .Benson, Stephen/ 934-7987 2 1 Tester, David, DDS 8 .Big A Auto Parts 934-5133 3 2 9 .Brook 's Superette 949-2837 3 2 10 .Brown 's Standard 934-2155 5 3 Station ' 11 .Camp Tanadoona 474-8085 0 40 12 .Chalet Pizza 937-6007 1 5 13 .Chanhassen Bait 934-0789 1 and Tackle 14 .Chanhassen Bank 937-2265 19 10 15 .Chanhassen Bowl/ 934-6603 6 40 Filly's 16 .Chanhassen Child 474-5338 0 12 Development 17 .Chanhassen 934-4500 0 4 Chiropractic Center 18.Chanhassen Dinner 934-1500 110 140 Theater/Complex 19 .Chanhassen Family 934-0570 5 4 Medical Clinic 20.Chanhassen Medical Center 21.Chanhassen 934-5688 1 1 Groomers 22.Chanhassen Inn 934-7373 - 5 12 Motel 23.Chanhassen 934-5705 3 0 Kitchen and Bath 24 .Chanhassen Lawn 934-5303 9 2 and Sports 25.Chanhassen • 934-5258 1 3 Pharmacy BUSINESSES IN CHANHASSEN I26.Chanhassen 934-3903 ,, 1 2 Secretarial I Services 27.Chanhassen Taco 934-2211 1 2 Shop 28 .Chanhassen 934-8862 5 6 I Veterinary Clinic 29 .Chanhassen Video 934-8402 2 4 30.Communications 934-0872 4 0 World I 31.Country Clean 934-3333 0 3 Laundry & Cleaners I 32 .Country Suites 937-2424 8 12 33 .Crossroads 949-9000 1 0 National Bank I 34 .Custom Quick 949-2334 2 1 Printing/Cleaner 35.Derhaag Motor 448-1899 1 I Sports, Inc . 36 .Dolphin 934-0472 4 0 Construction 37.Dominoes Pizza 934-6878 6 16 I 38 .Fire System 937-0102 2 39 .Frontier Jewelers 934-7115 1 40 .Gardeneer, Inc . 934-2244 60 I 41 .Glenrose Floral 934-3434 1 3 42 .Greate Prints 43 .Hair for Guys & 934-8615 1 1 Dolls I 44 . Hollow Haven Farm 934-5525 4 1 45.Holiday Station 937-1894 5 5 Stores I 46 .Hooked on 934-4170 3 2 Classics 47 . Ivan 's Sinclair & 934-7124 2 4 I Auto Repair 48 .Jewelry Outlet 545-7741 3 2 49 .K & A Associates 934-1460 1 50.The Karpet 937-2224 I Kingdom 51.Kempfert Sales 934-0403 1 and Marketing I 52.Kenny's Super - 934-3530 1 8 Market 53.K1ingelhutz 934-0000 4 2 Realtors I 54.Kiowa Corp 55.Lakeway Cleaners 56.Little Ceasers 949-9777 1 15 I Piza 57 .Lotus Realty 934-4538 4 0 58 ,MGM Liquor 937-9300 3 7 I • 59 .Malibu Tanning 934-0112 9 60.McDonald 's 934-8530 12 40 Restaurant 61 .Merlin's Hardware 934-8778 5 2 Hank 62 .Millie 's Deli 934-2301 1 7 Paop 1 1 BUSINESSES IN CHANHASSEN 63.Minnetonka Design 934-7440 9 I 64 .Minnetonka Music 474-3277 . 1 65. Moore Sign Co 474-9114 5 66.New Boundary 474-0924 • 6 0 I Designs 67.New Horizon 949-9056 11 5 Daycare 68 .New Revolution 934-5600 ' 5 2 II 69 .Northwest Home 470-1798 3 Care 70.Paul 'ys 934-3030 6 10 Restaurant 71.Peterson, Steven- 934-9323 1 Attorney at Law I 72 .Positive Images 474-5314 3 5 73 .Prairie House 934-0441 10 20 Restaurant I 74 .Professional 474-1168 1 2 Insurance Marketing 75.Total Mart 934-8773 5 3 I 76 .R&W Sanitation 474-1813 3 0 77.Riviera 934-9340 8 33 Restaurant & I Lounge 78 .Rodenz, Darrell, 934-1347 1 0 LPA I 79 .Rome Development, 474-2125 5 0 Inc . 80.Safetronics, Inc . 934-5979 2 0 81 .Safari Tanning 934-5786 1 3 II Hut 82 .Salenos 470-9100 3 12 83 .Schneider 934-8000 1 I Insurance Agency 84 .Scott 's 934-2994 2 Automotive Repair 85.Sophisti-cuts 474-7553 I 86 .Sparkling Line 554-5551 1 87 .State Bank of 937-2265 24 2 Chanhassen I 88.Streeter Andrus 934-5977 1 1 Realty World 89 .Subway 470-5373 3 7 . I 90.S/A 445-1554 2 3 91.S/A (Hwy 7/41) 474-9405 4 7 92 .Timberg Travel . 93.Vernco 934-7871 6 47 I Maintenance, Inc. 94 .Video Explosion 95.Video Update I 96.Villager 934-5000 3 Newspaper 97 .Westermann's Art 934-5179 1 3 98 .Your Majesty's 934-9602 7 3 II Valet Cleaners TOTAL 532 676 TOTAL I/O/C 5079 821 • • r , i AZ METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359 November 13, 1989 Mr. Donald Ashworth ' Manager City of Chanhassen 690 Coulter Drive, Box 147 Chanhassen, MN 55317 Dear Mr. Ashworth: On April 10, 1989, the Council sent you its annual statement of changes in the metropolitan system policy plans. The package you were sent explained the changes in the policy plans that affect Chanhassen, and provided our most current information on the affected metropolitan systems located in or serving your community. In 1988, the Council adopted new policy plans for wastewater ' treatment and handling (sewers) and for transportation. Copies of these two policy plans were formally transmitted to you as part of the systems information statement. The 1976 Metropolitan Land Planning Act (Minn. Stat. 473.856) states: Within nine months after receiving an amendment to a metropolitan system plan, I • each affected local governmental unit shall review its comprehensive plan...to determine if an amendment is necessary to ensure continued conformity with metropolitan system plans. tf an amendment is necessary, the governmental unit...shall prepare the amendment and submit it to the council for review... We are anticipating that many local governments will need more time to complete their plan amendments. The law provides a procedure for granting extensions. All requests must be ' submitted in the form of a resolution of the local governing body. The request must be accompanied by a description of the activities previously undertaken to meet the requirement, and the reasons necessitating and justifying the request. The Metropolitan Council may then, at its discretion, grant extensions upon a finding of 'exceptional circumstances or undue hardship' (Minn. ' Stat. Sec. 473.869). Please feel free to call Anne Hurlburt, manager of our comprehensive planning division, at 291-6501, ' if you have questions or need further information. Your request for an cxtonsion, if needed, may be directed to her attention. Sincerely, Steve Keefe Chair ' SK/kp • I NOV 1 Tan CITY OF CHANHASSEN i 1988 Systems Information Statement • Chanhassen III . METROPOLITAN DEVELOPMENT AND INVESTMENT FRAMEWORK (MDIF) , A. Geographic Policy Areas The MDIF established policies for different geographic areas within the metropolitan urban and rural service areas. These geographic policy areas are the setting in which the Council and local governments prepare and carry out their plans. Part of Chanhassen is located within the Metropolitan Urban Service Area (MUSA) and part of it is located in a rural service area. The urban and rural service areas in Chanhassen are separated by a MUSA line. A map of the MUSA in Chanhassen is found in Section D. Chanhassen should refer to the policies in the MDIF for the MUSA and for the Rural Service Area as it prepares plan amendments in response to this systems statement. ' The MUSA is defined as that part of the region in which urban-scale development and investment should be located. It is that area where the Council has made a commitment to providing metropolitan system service capacity, in accordance with the regional system plans and with local comprehensive plans that are mutually consistent. B. Forecasts of Population, Household and Employment The Council has prepared forecasts of year 2000 population, households and employment for each county, city and township in the region. The forecast data for Chanhassen is listed on a data sheet that is contained in this part of the system information statement. It is important that you review II the year 2000 forecasts for Chanhassen, since the local comprehensive plan forecasts need to be consistent with Council forecasts. You should contact Council staff in the Comprehensive Planning Division if your community's plan anticipates a higher level of year 2000 population, households or employment than current Council forecasts. The Council uses the year 2000 forecasts as an indication of where growth is likely to occur, and thus where metropolitan system services will be needed. The forecasts are also used when the Council reviews a community's request to change its MUSA boundary and extend metropolitan services to new areas of development. ' The 2000 forecasts are reviewed when local development trends are found to vary substantially from Council forecasts, when unanticipated development is proposed, or as part of amending the local comprehensive plan. The Council revises its local forecasts every five years, using U.S. Census data as a base. The next revision of the forecasts will be made in 1992. At that time, the forecasts will be extended to the year 2010, and new estimates of local land supply and land demand relative to the MUSA will be prepared for each community and county in the region. , • III • 1 1 1988 Systems Information Statement IIChanhassen II Data Sheet for Chanhassen 1. Forecasts of Population,p , Households and Employment , 1 Population Households Employment 1980 C,,at 1980 z,orss 1980 1Ar..0 1 1990 9,0ec 1990 3,2m , 1990 3,50 xib 2000 tC,c7W 2000 S,r1on 2000 1.1.'_'Sr e) 2010* 14,zor, 2010* r1,2nom 2010* Co, tco I *Note: The 2010 forecasts r for a e used fo system sizing purposes only. 1 2. Estimates of MUSA Land Demand and Land Supply, 1980-2000 (a) Land Demand 1 Streets Residential Commercial Industrial Public Alleys Parks 1980-1990 . u12 s.� fc . iZc 5 2.4::2.4:: �5 1991-2000 �o In �^ _ir___ Total 1980-1990 Lana Demand: acres Residential density a 1 Total + 1991-2000 Land Demand: acres Z,5 dwelling units/acre Total 1980-2000 Land Demand: _sac. acres 1 1980-2000 Land Demand with five-year overage*: tom acres I *The Council believes that the urban service area should contain at least-a five-year oversupply of urban land within each community. 1 (b) Land Supply 1980-2000: Z}„ acres 1 • Current supply: ^1111Q acres • I - The land supply figure reflects the net developable area inside the local comprehensive plan/urban service line--excluding water, wetlands, bedrock, . floodplains and any 'covenanted agricultural preserve lands. The Council 's land supply figure includes platted but undeveloped lots as of 1980. 1 , III - 3 • I . k P 1105/PHENV4@6 01 .26.89 1 1 - • -- . • . . - - -- --• 1988 Systems Information Statement Chanhassen For purposes of sizing metropolitan system facilities, the Council has , prepared forecasts of local population, households and employment for the year 2010. A primary reason for making these forecasts is the long lead time involved for the planning and investment decisions that are required to ensure system capacity to serve the anticipated growth. C. Data Sheet for Chanhassen ' The data sheet is included on a separate page. D. MUSA Map , A map for Chanhassen is included on a•separate page. E. Plan Amendment Process The Council has adopted guidelines for the plan amendment review process. These guidelines and process apply to all local plan amendments. A copy of the guidelines document, Metropolitan Council Guidelines for Reviewing Local Comprehensive Plan Amendments, is attached as an appendix to ' this systems statement. Council staff in the Division of Comprehensive Planning and Local Assistance are available to assist you, if you have any questions about the process. Communities are encouraged to discuss plan amendments with us before they are formally submitted for Council review and comment. • • • • • • i 1 1 1 111 • 2 • ' • 1 ' METROPOLITAN COUNCIL Mears Park Centre, 230 East Firth Street, St. Paul, Minnesota 55101 ' DATE: August 17, 1990 TO: Paul Krause, Planning Director for Chanhassen FROM: Paul Battzersen, Principal Reviewer ' SUBJECT: Informal Review of Chanhassen Comprehensive Plan Update (6115190) _ The Council staff has reviewed the city of Chanhassen plan draft you gave us and have the following comments. A question the city needs to address is if this amendment will be a complete update, A complete plan needs to contain the elements specified in the Metropolitan Land Planning Act (Minnesota Statutes 473.859). If not all elements of the current Chanhassen plan will be replaced at this time, those that will remain in effect should be specifically mentioned. At this time, the key issues appear to be demographic forecasts, and land demand. (Gurbbag Singh) ' The historical data reported by the city of Chanhassen for the number of households for the year 1980 and for the other years in their proposal do not match with the Metropolitan Council's data series. The city of Chanhassen uses housing units instead of households to derive the forecasts. ' (Please see Attachment 1, 1980 Census data table). Labeling housing units as households . overstates the growth trends by over 250 units in 1990. Below is a comparison of the two data series 1980 and 1990. Metro Council City of Chanhassen Households Households _ 1980 2,075 2,283 1990 4,074 4,329 The use of housing units as households by the city of Chanhassen results in forecasts that are too high. A new set of forecast was provided to the city of Chanhassen in August, 1988. The difference . between those forecasts for 1990 and new proposed figures by the city is very small,only 100 or less that 1 percent in population. The 1990 household figure is, as noted above, incorrectly ' determined. When this correction is made, it will reduce the current trend and presumably result in a lower household (and therefore population) forecast for the year 2000. Consequently, the difference between Council and city figures will be smaller, Providing a new revised forecast at ' this point does not appear warranted. This situation can be better resolved when the 1990 actual census count is available. In a few months, the city will receive local review counts from the census. As soon as the actual counts from the census become available, a new set of forecasts ' will be generated which will be based on accurate base year data, and will provide us better • information to analyze past trends and to develop forecasts. • • • S . . j�r►d Use (Paul Saltzerten, Tori Flood) , The city proposes a large urban service addition based on higher household forecasts and an increased demand for commercial and industrial development. The Council has agreed to the higher forecasts for Chanhassen contained in the Highway 212 EIS. As mentioned In the forecast section above, the forecasts developed by the city should be adjusted to reflect households which is lower than housing units. This also affects land demand. An estimate of the supply and demand to the year 2000 for vacant, developable land (all land use categories) using the forecasts shows a Council estimated demand of 1,105 acres (with a five year overage) and a supply of 1,010 acres. The table that follows shows the breakdown by land use category. • Chanhassen Supply and Demand for Land, 1990 to 2000 - Vacant, Developable Acres (using forecasts found in Highway 212 EIS) • Metropolitan Council Estimates Demand ' Residential • 552 Acres Commercial • 10 Acres Public - 5 Acres Streets • 110 Acres Total • 737 121=2 LIAS Total w/overage • 1,105 , Supply Current, vacant land . 1,010 acres Additional MUSA Needed • 95 Acres The difference between the Metropolitan Council and the city on additional urban service area needed for the year 2000 is large. The Council data shows that demand exceeds supply by 95 acres. The city forecasts a need for between 996 and 2,544 acre: for residential development to the year 2000 and a need from between 242 and 1,790 acres of additional Iand within its MUSA. One factor contributing to the difference is the land supply. The city considers residential land supply of 754 acres compared with the Council's supply for all uses of 1,105. The other factor is the higher population and household forecasts used by,the city. The Council has increased its forecasts which are reflected in the Highway 212 EIS, but will not be revising them again until after the 1990 Census data is available. , • nagjgg (Audrey Dougherty) • While the city has done a pretty thorough job of preparing the Housing section of Its plan, there are some additional items that are required as part of the Housing Plan Review Guidelines that will provide a more complete picture of the city. , 1 • '* •1 ' 3 ' 1) Identification of the various rental cost ranges. 2) Numbers and type of publicly-assisted housing units 3) Current and projected employment opportunities ' 4) Households by income The city has done a good job of analyzing its current housing situation and the suitability of ' housing types available for persons at various stages in the life cycle. It identifies the existing mix of residential land uses and the potential land available for housing, and how it plans to utilize it. Seventy-nine percent of the city's housing stock is single family. The plan states that of the ' remaining developable land, 2400 single family units are proposed and 1500 units of alternative housing types, That proposal would help to address the need to increase alternative housing types. Goals in the plan are directed toward offering_a broad choice of housing types to meet the needs of all segments of the population, including specialized housing needs such as the elderly and low- , and moderate-income households. Also included are efforts to manage growth, provide adequate housing, and rehabilitate deteriorating areas and/or structures in the city. Policies include maintaining and improving the existing housing, providing adequate land for ' projected housing growth, including provision of opportunities for persons of a range of incomes, and making an effort to provide subsidized housing as state and federal funding permits. In addition, the city will cooperate with other governmental units to streamline, simplify and ' coordinate the reviews required for residential development to avoid inflating the cost of housing due to unnecessary delays in the review process. Policia designed to achieve housing diversity include promoting construction of senior housing in locations convenient to shopping and medical services if demand becomes apparent, promoting and development of alternative housing types, such as patio homes, townhouses and quadplexes. ' Policies are included to discourage new residential development from encroaching on natural resources or physical features that perform essential protection functions in their natural state and ?LTD's, cluster developments and innovative site plans will be encouraged to help conserve energy and resources used for housing. ' Policies to encourage preservation of housing include property and code enforcement to encourage maintenance and rehab of owner and renter housing. • The city identifies a specific section for Housing Implementation, however, there are no ' implementation policies or tools identified. Care should be taken to identify how they plan to actively pursue implementation of their policies, and what state and/or federal programs they plan ' to utilize. For example, in the provision of subsidized housing. Does the city currently avail itself of the services of the Metro HRA in providing housing subsidies? That kind of information should be identified. Ttansportstion (Ann Braden) • r+uu-CO- bu clew uo.tµ 1 u:rI 1 rcUr uL 1 I MIN LUUNL I L ILL Nu:bl. evi bbbU 4U17 P05 • 1 4 The transportation element that will be completed and submitted by the city should address those items described in the transportation checklist of the Council's plan amendment guidelines. The transportation policies within the draft include one indicates city support of federal, state, metropolitan and local efforts to upgrade 1691212. This roadway is in the process of be ' upgraded. Does the policy refer to support for the construction of now Highway 212? $anit ziewerk (Carl Schenk) ' Only a portion of the sewer policy plan is included in the preliminary draft. The complete plan will be submitted later. The official submittal should address the Tier I requirements indicated on pages 70.72 in the wastewater policy plan including wastewater flow projections for 2000 and 2010 (total and for each metropolitan interceptor). The policy on page 12 indicates the city sewer plan will indicate acceptable locations, ordinances ' and design standards for on-site systems. The city should refer to the Tier I requirements for the management of on-site systems. The city's controls should incorporate MPCA requirements as amended (MN 7060) for the location, design and installation of systems. If the city's rural area density policy is consistent with the Council's 4 units per 40 policy, it is not necessary for the city to include mandatory maintenance and inspection elements as part of their controls. The city may with to do this for its own reasons, for example to insure the adequate operation of older systems installed prior to current MPCA requirements or located on small lots. Also, the city should include a policy statement in its plan stating 1) that under no circumstances , will private wastewater treatment plants be acceptable Q the conditions under which these facilities would be permitted. The conditions for allowing such facilities should include consistency with a Council-approved comprehensive plan, protection of groundwater and surface water quality, and assurance of the owner's financial ability to construct and operate the facility as required. The policy should indicate the responsibility of the local government for insuring that all conditions are met. 1 Eater Quality (Carl Schenk) The city is proposing a 2600-acre MUSA expansion as part of the plan amendment. Because of the scale of the development, the impact on the quality of surface runoff to regional recreation lakes such as Lake Riley and the Minnesota River could be significant. (In January of this year the EPA established a goal to reduce nonpoint pollution by 40% in the Minnesota River by July 1, 1996.) Because of this mandate and the Council's on-going concerns regarding the impact of development on the quality of regional water resources, the Council has a special concern regarding the city's proposed land use and water quality management protection policies. The city is to be commended for several of the proposed goals, policies and other ideas contained in the draft plan. These include its willingness to cooperate with other agencies in addressing water quality issues, the recommendation to develop a stormwater plan, and the proposed study/implementation of a funding mechanism to support stormwater management and water quality protection. These actions in the long-run will be key elements to protect regional recreation lakes and reduce non-point pollution in the river by 40%. However, it could take years . to accomplish these tasks, and in the interim development will continue to affect water quality. (The city should also be aware that during this period in response to legislation passed by the 1 I ' z , S I 1990 legislature (Minn Stat. 473.157), the Council will prepare a regional water quality plan which will specify management objectives and target pollution loads for all watersheds in the Metropolitan Area.) In the interim the policies, plans and land use controls which the city adopts I will determine whether regional recreation lakes and the Minnesota River are adequately protected. I The following changes and additions are suggested to strengthen the city's plan and land use controls during the interim period. The establishment of clear policies for water quality management in the comprehensive plan will also minimize Council concerns in future reviews of Iindividual developments. 1. The plan indicates that the city is unsure of its role in water quality planning and I protection. This should be clarified. The city has a central rule in two respects. One, future development and land use changes will have a major impact on the quality of runoff to lakes, streams and the Minnesota River.. National and Council research I indicates that nonpoint pollutant loads in agricultural and urban runoff are significant. Because of the city's land use planning and control authority the city clearly has a major role. T\vo, state law (Minn. Stat. 473.879) requires the city to prepare a local water management plan. The plan is to include the volumes, rates and path of runoff; areas for stormwater storage to meet watershed plan standards, water quality protection methods adequate to meet the standards in the watershed plan; and an implementation program. I . 2. In the lakes section (page 2) there is a discussion of the impact of nonpoint pollutants on lakes and the Minnesota River. (Regional priority lakes should be noted in the plan due to their special importance.) The problems are different, and the discussion should 1 . distinguish between them. The plan should indicate that the impact on lakes is due to phosphorous loadings in agricultural and urban runoff which affects algal growth. Excessive growth will degrade the recreational and aesthetic values of lakes. The 400 I reduction of nonpoint pollutants in the river will involve the reduction of organic loadings in urban and agricultural runoff from organic soils, animal waste, vegetative debris, oil and grease. These affect the dissolved oxygen level in the river. The plan should point out I that upgrading the treatment levels at the Blue Lake and Seneca (not Chaska as the text states) wastewater plants will be very costly and result in little or no improvement in water quality. The results will not be sufficient to meet water quality standards. A reduction in I the nutrient or organic loadings in the runoff and tributaries to the river will be necessary to achieve national water quality goals for the Minnesota. The plan should include a discussion of these issues and their impact on the city to provide the basis for a strong I water quality management policy and to guide the development of the city's stormwater plan and in the interim the city's land use policies and controls. I 3. The plan indicates that the city intends to prepare a stormwater plan. The comprehensive plan should guide the preparation of this plan by stating that the plan will evaluate the . pollutant loadings in runoff to the lakes including phosphorous and to the Minnesota I River including organics and Incorporate stormwater and land use plans, standards, and methods sensitive to the water quality goals for these water resources. 4. The plan states that new development will not be allowed to increase the rate of runoff Ifrom the pre-development rate. This policy will assist in minimizing erosion, but it will not . 111 . 6 limit phosphorous loadings to lakes. Limiting the increase in the volume of runoff and therefore the volume of phosphorous from development is Important in protecting lakes from excessive algal growth. The plan should contain a strong policy limiting the volume of increased runoff and managing the quality of runoff to minimize phosphorous loadings to lakes. This will provide a basis for revising the city's land use controls to address this pollutant. A copy of the requirements of the City of Eagan is attached for your information (Attachment 2). , S. On pages 5-6 the plan indicates the city will encourage the use of"biodegradable, non- polluting fertilizers, pesticides and ice melting chemicals.* All fertilizers are biodegradable, and by nature they are polluting. Ice melting chemicals have the same characteristics. This statement should be rethought. What strategy would the city use in implementing such a policy -a public information program? 6. Subdivision Regulations, and Wetland and Oradin i�ilIin g inin Ordinances The city voluntarily submitted copies of its existing ordinances for staff review and ' comment. The city indicates the wetland ordinance is to be revised. There arc a number of requirements which could enable the city to protect water quality, but they do not provide specific guidance for developers or city officials in reviewing development proposals. It appears that it is left to the judgement of city officials whether a development proposal adequately protects water quality. For example, the subdivision regulations require the submittal of drainage, erosion and sediment control plans with a proposed plat. However, the ordinance lacks specific performance standards or specifications for evaluating the plans and managing the quality of runoff. The ordinance limits the rate but not the volume or the quality of runoff. See previous discussion in paragraph 4. The wetland ordinance prohibits the alteration of wetlands unless the city council issues an alteration permit. The ordinance sets standards to limit filling to minimize the loss of flood storage capacity and natural nutrient stripping capacity of a wetland. Other standards control the volume, rate and quality of stormwater runoff discharged into wetlands. However, many of the standards are general and appear to apply only within wetlands or within a prescribed distance (200 feet) from the wetland. The ordinance appears to create a series of protected Islands while "ignoring*what goes on around them in upland areas where major land use changes are occurring. The grading/filling ordinance requires a city permit for this of activity. However, plowing and tilling are exempt. The submittal of an erosion control plan is required, but there are few specific standards for the protection of surface water quality. This is left to the judgement of city officials. The city should review the requirements of its ordinances specifically , ty nq pee ly for the purpose of strengthening its ability to manage the water quality in regional lakes and the Minnesota River. The ordinances should incorporate standards and specifications including best management practices which address stormwater quality specifically phosphorous and organic loadings Into the lakes and river. In addressing this issue the city should work closely with the appropriate watershed districts. These requirements may have to be ' I f ' 7 • • modified once the city has completed its storrnwater plan, but they will serve to protect the lakes and river in the interim. bat (Arne Stefferud) ' The plan correctly classifies regional recreational open s ace in the city of Chanhauen. Municipal park and open space facilities are planned to complement not compete with or duplicate the regional recreation open space facilities. The trail plan (phase 1) illustrates a link to the proposed trail system in Lake Minnewashta Regional Park which is consistent with the park muter plan. • The city should be commended for working with its neighboring municipalities and the local school district on providing park and recreation services in a cooperative manner when It is ' efficient to do so. The plan's analysis on recreation demand is well done and thorough. Recommendations for ' improving the municipal park system are based on a variety of sound planning principles. Unfortunately, the plan does not include a capital improvement program (CIP) stating the estimated costs, funding sources and timing for implementing the recommendations to improve and expand the municipal park system. A CIP for parks should be developed and included in the final version of this plan. Wastt (Paul Smith) There are generally no problems with the proposed section on solid waste. It is consistent with the SCORE legislation in that it provides for curbside collection and requires that mixed municipal solid waste haulers will be licensed. The plan contains a goal for curbside participation, but it might be helpful to also have tonnage or volume based goals as well. On page 2, it is not ' clear as to how the city will be funding its program. • Overall, the city is to be commended for incorporating this supportive solid waste element in its comprehensive plan, although not a requirement of the Waste Management Act or SCORE legislation, • • • • f 1 I I